12/18/2003
"'I'~t,
CITY COMMISSION
MEETING
12/18/03
NOTE:
12/15/03 PRELIMINARY (WS) AGENDA & PAPER
WORK THAT WAS IN PACKET 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, December 18.2003 - 6:00 P.M. - Commission Chambers
1. Invocation - Pastor Steve Kreloff of Lakeside Community Chapel
2. Pledqe of Alleqiance -Mayor
3. Service Awards - None
4. Introductions. Awards and Presentations - Given.
a. Awards for Diversity Poster Contest
b. Turkey Trot Awards
5. Farewell to Commissioner Gray
6. Approval of Minutes - Reqular Meetinq December 4. 2003 - Approved as
submitted.
7. Citizens to be heard re items not on the Aqenda
Socretes Charos said the Royalty Theatre is available for the City to use. He
invited everyone to a free holiday celebration on Christmas Day.
Jonathan Wade, North Greenwood Association, said he was told Martin Luther
King Boulevard would be finished next week He asked the City for help in providing
funds for summer youth programs.
PUBLIC HEARINGS
8. First Readinq Ordinance 7215-03 - Approve an amendment to the approved Park
Place Development of ReQionallmpact (DR!) Development Order throuQh the
Notification of Proposed Chanqe process by extendinq the build-out date of the DRI by
five years to December 31. 2008. (A portion of Section 17-29-16). (PLD)
ACTION: Approved. Ordinance passed 1 st reading.
9. Public Hearinq - Approve the City of Clearwater FY 200212003 Consolidated
Annual Performance and Evaluation Report (CAPER). (ED/HSG)
ACTION: - Approved.
Commission Action Agenda 2003-12-18 1
12/18/03
Public Hearing - Second Reading Ordinances
10. Ordinance 7232-03 - Approve the applicant's reauest to vacate the 60-foot riaht-
of-way of Allen Avenue from the southerly extension of the west property line of Lot 15.
Block B. Ackers Subdivision to the westerlv riqht-of-way line of McMullen Booth Road
(C.R. 611). subiect to the retention of a drainage and utility easement over the full width
of the riaht-of-way to be vacated and vacate the three foot utility easements lying alona
the rear lot lines of Lots 4 thru 15. inclusive, Block B. Ackers Subdivision. (A.K.A. 2730
McMullen Booth Road) (V2003-11 Hupp/McMullen)
ACTION: Ordinance continued to February 5, 2004.
11. Ordinance 7235-03 - Submitting to the city electors proposed amendments to the
City Charter amendina Section 7.02: requirina the Commission to appoint a charter
review advisory committee every six years: amendina Section 8.04: eliminatina specific
reauirernents for fees. petition cards. and dates for aualifyinQ as a candidate; makina
non-substantive arammatical. numberina. and oraanizational amendments to the City
Charter.
ACTION: Ordinance adopted.
12. Ordinance 7237-03 - Submittina to the city electors a proposed amendment to
the City Charter amending Sections 2.01 (d)(4), 2.01 (d)(5) and 2.01 (d)(6), which provides
for limitations on Commission powers relating to city-owned real property.
ACTION: Ordinance adopted.
13. Ordinance 7238-03 - Submittina to the city electors a proposed amendment to
the City Charter amending Section 2.03; increasing the term of office for commissioners
to four years; reducing the disqualification period from one term to two years for
commissioners who are disqualified from running by term limits.
ACTION: Ordinance adopted.
14. Not a public hearina - Order of ballot auestions
ACTION: Approved.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 15-28) - Approved as submitted) less Items 15(3) and
27.
15. Approval of Purchases per Purchasina Memorandum:
1. Grosz & Stamper Construction, Tampa, Florida - Labor and materials for concrete
flat work and related work during the contract period 12/19/2003 through 11/30/2004
in the amount of $250,000. (PR)
2. CUES, Orlando, Florida - 2004 Ford E-450 high cube TV sewer inspection van in the
amount of $217,425. (SW/GS)
3. Jeffry Knight, Inc. dba Knight Enterprises, Clearwater, Florida -Installation of gas
mains and service lines during the period 01/01/2003 through 12/31/2004 in the
amount of $700,000. (GS)
ACTION: Pulled.
Commission Action Agenda 2003-12-18 2
12/18/03
4. Petroleum Traders Corp., Fort Wayne, Indiana - Unleaded gasoline and diesel fuel
during the contract period 12/19/2003 through 12/15/2004 in the amount of
$1,180,000. (SW/GS)
16. 1) Staff will present the findinQs of the February 2003 Analvsis of Market
Opportunities for Commercial and Economic Development in the North Greenwood
Area. and 2) Authorize staff to prepare and issue a Request for Proposals for Qualified
development corporations and/or qualified businesses corporations to present
alternative land use proposals for the re-use and future redevelopment of the Jack
Russell Memorial Stadium and Complex (Stadium). (ED/HSG)
17. Declare surplus to the needs of the City and authorize trade-in five 2003 Harlev
Davidson motorcvcles. (FN)
18. Declare surplus to the needs of the City and authorize disposal throuoh sale or
transfer to Solid Waste for recvclina. all oas aopliances and pipe listed below. (FN)
19. Approve a two-year agreement from February 1.2004 throuQh January 31. 2006.
between the City of Clearwater and the Winnina Inninq Inc.. for the use and operation of
the Jack Russell Memorial Stadium and Complex. (PR)
20. Approve the transfer of monies received from Clearwater Housina Authority for
payment in lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Proiect.
Inc. (CHIP) for FY 2002/2003 and that the appropriate officials be authorized to execute
same. (PO)
21. Approve a work order to Parsons. an Enaineer of Record. for desion-build
services for Alliaator Creek Channel A Stabilization at Northeast Coachman Park in the
amount of $488.510 and authorize the appropriate officials to execute same. (PW)
22. Award a contract for the Clearwater Municipal Marina Maintenance Oredaina.
Contract Number 01-0006-MA to L.J. Clark Construction. Inc. for the sum of $378.400
which is the lowest responsible bid received in accordance with the plans and
specifications and authorize the appropriate officials to execute same. (PW)
23. Award a contract for the Lift Station #1 and #6 Improvements (03-0040-UT) to
TLC Diversified. Inc. of Palmetto. Florida in the amount of $462.442.20. which is the
lowest responsible bid received in accordance with plans and specifications. (PW)
24. Approve and accept that certain nonexclusive Sovereian Submeraed Lands
Easement Number 30618 to be subseauentlY conveyed by the Board of Trustees of the
Internallmorovement Trust Fund of the State of Florida. toaether with terms and
conditions as defined therein. said easement to encumber a certain parcel of submeraed
land runnina southeast from Baymont Street to Memorial Causeway in Section 8.
Townshio 29 South. Ranoe 15 East as more particularly described therein and authorize
the appropriate officials to execute same. (PW)
25. Aoprove and accept that certain nonexclusive Sovereian Submeroed Lands
Easement Number 30619 to be subseauently conveyed by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida. toaether with terms and
Commission Action Agenda 2003-12-18 3
12/18/03
conditions as defined therein, said easement to encumber certain parcels of submerqed
and adiacent to Memorial Causeway in Section 16. Township 29 South, Ranqe 15 East
as more particularly described therein. (PW)
26. Disband the Charter Review Committee. (ORLS)
27. Approve a Ouit Claim Deed from the City of Clearwater to the Sea Captain. a
Florida General Partnership. conveying any interest the City may have to the Sea
Captain Resort Motel property located at 40 Devon Street. Clearwater, Florida. 33767
ACTION: Continued to 1/15/04
28. Appoint Commissioner Jonson to the Pension Advisory Committee effective
12/29/2003.
OTHER ITEMS ON CITY MANAGER REPORT
29. Adopt Res. No. 03-36 authorizinq the refundinq of the outstandinq Gas System
Revenue Bonds, Series 1996A. (FN)
ACTION: Approved. Resolution adopted.
30. Adopt Res. No. 03-44 approve changinq the name of Aurel Street to Laurel
Street. (PW)
ACTION: Approved. Resolution adopted.
31. Adopt Res. No. 03-45. which approves the Oualified Tarqet Industry (OTI)
application for Proiect 031120 and commits the City of Clearwater to refund 10% of the
eliqible tax refund upon certification by Enterprise Florida. (ED/HSG)
ACTION: Approved. Resolution adopted.
32. First Readinq Ord 7214-03 - Amendinq TIFF (Tax Increment Financinq Fund) re:
Gateway area. (ED/HSG)
ACTION: Approved. Ordinance passed 1 st reading.
33. Approve the Desiqn Principles that will quide the preparation of the Downtown
Design Guidelines. (PLD)
ACTION: Approved.
34. IAFF Union Neqotiations Update - Given.
35. Other PendinQ Matters - None.
CITY ATTORNEY REPORTS
36. Other City Attornev Items - None.
37. City ManaQer Verbal Reports - None.
38. Commission Discussion Items
a. Courtney Campbell Scenic Highway Designation - Jonson
ACTION: Update given.
Commission Action Agenda 2003-12-18 4
12/18/03
b. Commissioner Gray's Replacement
ACTION: Appointed J. B. Johnson. Special meeting scheduled for 1/12/04 at 1 :00
p.m. to administer oath of office.
39. Other Commission Action
Hibbard said he enjoyed visiting departments for holiday luncheons; said
employees are always looking for ways to serve citizens better; noted he was
approached re traffic due to concerts; said the Island Estates lift station is completed;
thanked Ms. Herbert Brown re invitation to groundbreaking for House of Prayer; met with
Congressman Young for christening of boat for disabled; wished all a safe holiday
season; noted Commissioner Gray has been a blessing to the city.
Jonson echoed Hibbard's comments re department luncheons; said all faiths
have special ways to celebrate the holidays; said to exercise common courtesy,
kindness, etc. and wished all a blessed holiday and new year.
Hamilton expressed condolences to family of Dr. John Normyle; participated in
adaptive basketball program at Long Center; wished all a happy holiday season.
AunQst said there is a chance of getting President Bush to come for the opening
of the new stadium; mentioned the Fatanal convention at Harborview; attended press
conference at new stadium; mentioned the 12/12 Holiday Parade; attended event at
Sailing Center with Congressman Young; attended holiday celebration at McDill; said
farewell to Commissioner Gray; reminded all of Outback Beach Day on 12/29;
announced next work session is 1/12; wished all a happy and safe holiday season.
Grav thanked everyone for the wonderful comments tonight; recognized the
important people in her life; said her children benefited from her experience as a
Commissioner; recognized Katie Cole, Karen See I and Ed Armstrong; said her heart is
in the downtown and believed downtown has a lot of potential; said be mindful of historic
buildings but don't worship them; disappointed city does not have a marine patrol; noted
the current city manager has raised the level of integrity and professionalism in the city;
urged the Commission to keep dialog open; congratulated J. B. Johnson on his
appointment; wished Mayor good luck in his campaign; wished all happy holidays.
40. Adjournment - 8:18 p.m.
Commission Action Agenda 2003-12-18 5
12/18/03
AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday. December 18, 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. Service Awards
4. Introductions, Awards and Presentations
a. Awards for Diversity Poster Contest
b. Turkey Trot Awards
5. Farewell to Commissioner Gray
6. Approval of Minutes - Regular Meeting 12/04/03
7. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions - Comments in support and in opposition (3 minutes per speaker or
10 minutes maximum as spokesperson for others that have waived their time).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
8. First Reading Ord. 7215-03 - Approve an amendment to the approved Park Place
Development of Regional Impact (DRI) Development Order through the Notification of
Proposed Change process by extending the build-out date of the DRI by five years to
December 31,2008. (A portion of Section 17-29-16). (PLD)
9. Public Hearing - Approve the City of Clearwater FY 2002/2003 Consolidated Annual
Performance and Evaluation Report (CAPER). (ED/HSG)
Commission Agenda 2003-12-18
1
Rev. 1-12/18/03
Public Hearing - Second Reading Ordinances
10. Ord. 7232-03 - Approve the applicant's request to vacate the 60-foot right-of-way of Allen
Avenue from the southerly extension of the west property line of Lot 15, Block B, Ackers
Subdivision to the westerly right-of-way line of McMullen Booth Road (C.R. 611), subject
to the retention of a drainage and utility easement over the full width of the right-of-way to
be vacated and vacate the three foot utility easements lying along the rear lot lines of Lots
4 thru 15, inclusive, Block B, Ackers Subdivision, (A.K.A. 2730 McMullen Booth Road)
(V2003-11 HupplMcMullen)
Request to continue to February 5, 2004
11. Ord. 7235-03 - Submitting to the city electors proposed amendments to the City Charter
amending Section 7.02; requiring the Commission to appoint a charter review advisory
committee every six years; amending Section 8.04; eliminating specific requirements for
fees, petition cards, and dates for qualifying as a candidate; making non-substantive
grammatical, numbering, and organizational amendments to the City Charter.
12. Ord. 7237-03 - Submitting to the city electors a proposed amendment to the City Charter
amending Sections 2.01 (d)(4), 2.01 (d)(5) and 2.01 (d)(6), which provides for limitations on
Commission powers relating to city-owned real property.
13. Ord. 7238-03 - Submitting to the city electors a proposed amendment to the City Charter
amending Section 2.03; increasing the term of office for commissioners to four years;
reducing the disqualification period from one term to two years for cornmissioners who are
disqualified from running by term limits.
14. Not a public hearing - Order of ballot questions.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 15-28)
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. Approval of Purchases per Purchasing Memorandum:
1. Grosz & Stamper Construction, Tampa, Florida - Labor and materials for concrete flat
work and related work during the contract period 12/19/2003 through 11/30/2004 in the
amount of $250,000. (PR)
2. CUES, Orlando, Florida - 2004 Ford E-450 high cube TV sewer inspection van in the
amount of $217,425. (SWIGS)
3. Jeffry Knight, Inc. dba Knight Enterprises, Clearwater, Florida - Installation of gas mains
and service lines during the period 01/01/2003 through 12/3112004 in the amount of
$700,000. (GS)
4. Petroleum Traders Corp., Fort Wayne, Indiana - Unleaded gasoline and diesel fuel
during the contract period 12/19/2003 through 12/15/2004 in the amount of $1,180,000.
(SW /GS)
16. 1) Staff will present the findings of the February 2003 Analysis of Market Opportunities for
Commercial and Economic Development in the North Greenwood Area, and 2) Authorize
staff to prepare and issue a Request for Proposals for qualified development corporations
and/or qualified businesses corporations to present alternative land use proposals for the
re-use and future redevelopment of the Jack Russell Memorial Stadium and Complex
(Stadium). (ED/HSG)
Commission Agenda 2003-12-18
2
Rev. 1-12/18/03
17. Declare surplus to the needs of the City and authorize trade-in five 2003 Harley Davidson
motorcycles. (FN)
18. Declare surplus to the needs of the City and authorize disposal through sale or transfer to
Solid Waste for recycling, all gas appliances and pipe listed below. (FN)
19. Approve a two-year agreement from February 1, 2004 through January 31, 2006, between
the City of Clearwater and the Winning Inning Inc., for the use and operation of the Jack
Russell Memorial Stadium and Complex. (PR)
20. Approve the transfer of monies received from Clearwater Housing Authority for payment in
lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Project, Inc. (CHIP)
for FY 2002/2003 and that the appropriate officials be authorized to execute same. (PD)
21. Approve a work order to Parsons, an Engineer of Record, for design-build services for
Alligator Creek Channel A Stabilization at Northeast Coachman Park in the amount of
$488,510 and authorize the appropriate officials to execute same. (PW)
22. Award a contract for the Clearwater Municipal Marina Maintenance Dredging, Contract
Number 01-0006-MA to L.J. Clark Construction, Inc. for the sum of $378,400 which is the
lowest responsible bid received in accordance with the plans and specifications and
authorize the appropriate officials to execute same. (PW)
23. Award a contract for the Lift Station #1 and #6 Improvements (03-0040-UT) to TLC
Diversified, Inc. of Palmetto, Florida in the amount of $462,442.20, which is the lowest
responsible bid received in accordance with plans and specifications. (PW)
24. Approve and accept that certain nonexclusive Sovereign Submerged Lands Easement
Number 30618 to be subsequently conveyed by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, together with terms and conditions as
defined therein, said easement to encumber a certain parcel of submerged land running
southeast from Baymont Street to Memorial Causeway in Section 8, Township 29 South,
Range 15 East as more particularly described therein and authorize the appropriate
officials to execute same. (PW)
25. Approve and accept that certain nonexclusive Sovereign Submerged Lands Easement
Number 30619 to be subsequently conveyed by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, together with terms and conditions as
defined therein, said easement to encumber certain parcels of submerged and adjacent to
Memorial Causeway in Section 16, Township 29 South, Range 15 East as more particularly
described therein. (PW)
26. Disband the Charter Review Committee. (ORLS)
27. Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida
General Partnership, conveying any interest the City may have to the Sea Captain Resort
Motel property located at 40 Devon Street, Clearwater, Florida, 33767
Request to continue to January 15, 2004
28. Appoint Commissioner Jonson to the Pension Advisory Committee effective 12/29/2003.
OTHER ITEMS ON CITY MANAGER REPORT
29. Adopt Res. No. 03-36 authorizing the refunding of the outstanding Gas System Revenue
Bonds, Series 1996A. (FN)
30. Adopt Res. No. 03-44 approve changing the name of Aurel Street to Laurel Street. (PW)
31. Adopt Res. No. 03-45, which approves the Qualified Target Industry (QTI) application for
Project 031120 and commits the City of Clearwater to refund 10% of the eligible tax refund
upon certification by Enterprise Florida. (ED/HSG)
32. First Reading Ord 7214-03 - Amending TIFF (Tax Increment Financing Fund) re: Gateway
area. (ED/HSG)
C.ommlsslon Agenda 2003-12-18
3
Rev. 1-12/18/03
33. Approve the Design Principles that will guide the preparation of the Downtown Design
Guidelines. (PLD)
34. IAFF Union Negotiations Update
35. Other Pending Matters
CITY ATTORNEY REPORTS
36. Other City Attorney Items
37. City Manager Verbal Reports
38. Commission Discussion Items
a. Courtney Campbell Scenic Highway Designation - Jonson
b. Commissioner Gray's Replacement
39. Other Commission Action
40. Adjournment
Commission Agenda 2003-12-18
4
Rev. 1-12/18/03
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cyndie Goudeau, City Cler~
SUBJECT: Follow up from December 15,2003 Work Session
COPIES: William B. Horne, City Manager
DATE: December 16, 2003
In response to questions raised at the December 15 Work Session, the following
answers are provided in final agenda order:
Item #14 - Order of Ballot Questions - proposed order provided.
Item #24 and 25 - Nonexclusive Sovereign Submerged Lands Easement Numbers
30618 and 30169 - a question was raised regarding the discrepancy between the two
submerged land leases in that one provides, in the event of termination, 10 days to remove
structures and the other provides 180 days. Engineering is waiting to hear from the State;
information received will be provided at the Thursday Commission meeting.
Item #28 - Added . Appoint Commissioner Jonson to the Pension Advisory
Committee.
Item #33 - Approve Design Principles for Downtown Design Guidelines - Requested
that suggested additional goals for the Design Guidelines be provided to the Steering
Committee for their feedback. Planning is waiting to hear from the Steering Committee;
information will be provided at the Thursday Commission meeting.
Item #38B - Commissioner Gray's replacement added as a Commission Discussion
Item.
.--..-..
{~1l
~f
--
Clearwater Ci ty Conunission
Agenda Cover Memorandum
Work session Item #:
.J
Final Agenda Item #
Meeting Date:
12/15/03
12/18/03
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
SUMMARY:
o and that the appropriate officials be authorized to execute same.
The following employees be presented with service awards for their length of service in the employment of
the City of Clearwater
Reviewed by: Orlglnetlng Dept:
Legal Info Srvc
- - U..rDept.
Budget Public Works
- -
Purchasing DCMlACM
- -
Risk Mgmt Other Attachmentl
- -
BACKGROUND:
5 Years
William D. Morris
Kenneth R. Schuttert
Robert T. Hays
Daron D. Green
Louis Lopez
Steven E. Kotches
10 Years
John H. Coombs
Robert D. Jaeger
Patricia O. Sullivan
Lucette M. Wombacher
15 Years
Joanne R. Hilbert
James L. McCulley, Jr.
20 Years
William P. Patterson
Charles T. Williamson
Jesse F. Johnson
Salvatore A. Ventura
Michael J. Salopek
Submitted by:
City Manager
o Printed on recycled paper
2/98
Marine
Public Utilities
Development Services
Public Services
Parks & Recreation
Gas
30 Years
Ken R. Emerson
Geri L. Doherty
Robert Cruickshank
Charles M. Saporito
Public Utilities
Development Services
Fire
Fire
Gas
Gas
Official Records
Budget
Police
Gas
Public Utilities
Public Utilities
Public Utilities
Public Utilities
Public Utilities
COltl
Total
CurrentFY
Funding Source:
CI
OP
Other
o None
Appropriation Code:
Rev.
AGENDA
Presentation of Gifts to Comm. Whitney Gray for last Commission
meeting .
I>ecember18,2003
6:00 p.m.
1. Pledge of Allegiance
2. Invocation
3. Service Awards - none
4. Diversity Poster Contest Awards
5. Turkey Trot Awards
6. Mayor & Commissioner to present fmal gifts and make personal
remarks:
Commissioner Hibbard -letter and remarks
Commissioner Jonson - name plate and remarks.
Commissioner Hamilton - pictures and remarks
City Manager Bill Home - remarks
City Attorney Pam Akin - remarks
Mayor Aungst - plaque and remarks
Remarks by Comm. Gray
Family Members in Attendance:
Kurt Gray
.
~ Clearwater
City Co m m issio n
Agenda Cover Memorandum
;)/ )) 1_
';7
0"
Trackinq Number: 305
Actual Date: 12/04/2003
Subiect / Recommendation:
APPROVE an amendment to the approved Park Place Development of Regional Impact (DRI)
Development Order through the Notification of Proposed Change process by extending the build
out date of the DRI by five years to December 31, 2008. (A portion of section 17, township 29
south, range 16 east), and PASS Ordinance #7215-03 on first reading.
S 1I1ll m a.a.;.
This 99-acre subject site is generally located between Gulf to Bay Boulevard and Drew Street
from Hampton Road to the U.S. 19 Frontage Road. This Development of Regional Impact (DRI)
amendment is requested by the property owners to extend the build out date of the DRI by five
(5) years from December 31, 2003 to December 31, 2008. There are no changes to the type or
amount of development in the DR!. The Park Place DRI is built out with the exception of
100,000 square feet of light industrial use on Parcell and 100,000 square feet of office use on
Parcel 6. The developers of the DRI have fulfilled the development order as amended to this
date.
Upon review of the submitted Notice of Proposed Change, Tampa Bay Regional Planning Council
(TBRPC) and Florida Department of Transportation (FOOT) staffs determined that no adverse
regional impacts would occur as a result of the extension to the build out date and no objections
were raised.
The Planning Department determined that the proposed DRI amendment is consistent with the
review standards specified in Section 4-60S.F of the Community Development Code:
- The amendment will not interfere with the achievement of objectives of the adopted
county-wide plan applicable to the area.
- The amendment is consistent with the report and recommendations of the regional planning
agency.
- The amendment is consistent with the City of Clearwater's Comprehensive Plan.
- The amendment is consistent with the State Comprehensive Plan.
Please refer to the attached Development of Regional Impact Notice of Proposed Change
(DRI2003-09001) report for the complete staff analysis.
The Community Development Board reviewed the proposed application at its regularly scheduled
meeting on November 18, 2003 and unanimously recommended approval
Origini)tinQ: Planning
Section Administrative public ,-
Cateqory: Annexations, Land Use Plan and Zoning
Number of electronic documents 8
attached:
Public Hearing: Yes
AdvE;[tised
Da_t~
11/01/2003
~. Clearwater
.J ::.:::',;3-~;=,,~~~;;:8 l
,
Fin<lnr.i<lllnfnrm<ltinn:
Review Approval
Leslie Douaall-Sides
Gilrrv Rnllnhilr:k
CvndieGoudeau
Bill Horne
I
City Commission
Agenda Cover Memorandum
11-21-2003
11-25-2003
11-25-2003
11-25-2003
11:38:54
08:14:52
10:01 :30
09:33:52
CDS Meeting Date: November 19.2003
Case No.: DRI2003-0900 I
Agenda Item: E2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
O\VNEltI APPLICANT:
Park Place Land, Ltd. and Bausch and Lomb Incorporatcd
REPRESENTA TIVE:Tim Johnson, Esquire
LOCA TION:
REQU EST:
SITE INFORMATION:
DRI SIZE:
DIMENSIONS OF I>RI:
DRIIJROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICf:
Current District:
Proposed District:
EXISTING
SURROUNDING USES:
Generally locatcd between Gulf to Bay Boulevard and Drew Street
from Hampton Road to the U.S. 19 Frontage Road
To amend thc approved Park Place Development of Regional
Impact (DRI) Devclopmcnt Order through the Notification of
Proposed Changc process to extend the build out date of the DRI
by five years to December 31,2008.
4,318,810 square feet or 99. 13-acres
2,500 feet by 2,500 feet m.o.1.
Office, Residential, Restaurant, Retail and Light Industrial
Same
Industrial Limited (IL); Residential/Office/Retail (R10/R);
Residential/Office General (R10G); Commercial General (CG);
and Preservation (P)
Same
IRT, Industrial Research and Technology; 0, Office; C,
Commercial; and 1', Preservation
Same
North: Multifamily Residential, Assisted Living Facility and
Staff Report . Comlllunity Development Board - November 19. 2003 - Case DR12003-0900 I - Page 1
Open Space
South: Commercial
East: Mobile Home Park. Single Family Residential
West: Commercial
DRI HISTORY:
The DRI's development order was adopted by the Clearwater City
Commission on September 1, 1983.
An amendment was adopted by the City Commission on October
20. 1983 to incorporate Tampa Bay Regional Planning Council
recommendations.
An amendment was adopted by the City Commission on December
19. 1991 to provide 200,000 square feet for Industrial use and
reduce Office use by 300,000 square feet; provide an F.A.R. for
Industrial use; amending conditions based on phasing; amending
the developer's payment schedule; and extending the build out date
by five years.
An amendment was adopted by the City Commission on January
19, 1995 to modify phasing; decreasing office development by
7,480 square feet; extending the build out date by four years;
adding a conversion factor for Office use to Multifamily
Residential and adding a conversion factor for Industrial use to
Office or Multifamily Residential; and modifying conditions to
reflect changes in the transportation network.
An amendment was adopted by the City Commission on
November 21, 1996 adding a land use conversion factor to Parcel 4
for office and/or hotel development and reflecting a change in
ownership.
An amendment was adopted by the City Commission on February
1, 2001 reducing the approved office and retail square footage for
Parcel 6; adding a land use conversion factor for Parcel 6 for the
conversion of approved office development to multi-family andlor
hotel development; and extending the build out date by three years
to December 31,2003.
ANALYSIS
This Development of Regional Impact (DRJ) amendment is requested by the property owner to
extend the build out date of the DRI by five (5) years from December 31, 2003 to December 31,
2008. The Park Place DRI is built out with the exception of 100,000 square feet of light
industrial use on Parcel I and 100,000 square feet of office space on Parcel 6. The developers of
the DRJ have fulfilled the development order as amended to this date.
Staff Rcport - Coml1lunity Dcvclopmcnt Board - Novcmbcr 19. 2003 - Case DR12003-0900 1 . Pagc 2
I. CONSISTENCY \VITH CITY'S COMPREHENSIVE PLAN [Sections -l-602.F.I &
4-603.F.I]
The City's Comprehensivc Plan objectives and policies applicable to the proposed DRI
amendment arc as follows:
2.2 Objective - The City of Clearwater shall continue to support innovative planned
dcvelopment and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis. the Community Developmcnt Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
dcve lopments that are compatible.
3.2.2 Policy - Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts
into residential neighborhoods. New plats and site plans shall discourage the creation of
"stri p commercial" zones by insuring that adequate lot depths are maintained and by
zoning for commercial development at major intersections.
5.).1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of the
concurrency management system to allow services to be upgraded concurrently with the
impacts of development.
5.5 Objective - All County and State roadways in Clearwater, except those identified as
backlogged or constrained by the Pinellas County MPO, shall operate at level C average
daily/D peak hour.
Based on the traffic analysis submitted by the applicant, as well as subsequent data that
addressed specific concerns of Florida Department of Transportation (FOOT) and Tampa Bay
Regional Planning Council staff, the City of Clearwater Traffic Engineering Department has
concluded that the proposed amendment will not decrease the transportation level of service and
will not have a negative impact on the operation of the signalized intersections in the area. The
proposed amendment is consistent with the goals and policies of the Comprehensive Plan.
II. CONSISTENCY \VITH COUNTYWIDE PLAN
The Future Land Use Map is not being amended, thus, there are no applicable regulations from
the Countywide Plan.
\II. CONSISTENCY WITH THE REGIONAL PLANNING COUNCIL
Pursuant to Subsection 380.06(19)(c), Florida Statutes, this proposed change is presumed to
create n substantial deviation. A substantial deviation is defined as "any proposed change to a
previously approved development which creates a reasonable likelihood of additional regional
St:\t1' Report - Comlllunit)' Devclopmcnt Board - Novcmber 19. 2003 - Case DR12003-0900 1 - Page 3
impact. or any type of regional impact created by the change not previously reviewcd by the
regional planning agcncy:'
Upon review of the submitted Notice of Proposcd Change. TBRPC and FOOT staff dctermined
that further analysis was necded to address specific conccrns related to the submitted tranic
analysis (Exhibit B) and discrepancies within the Substantial Deviation Determination Chart
(Exhibit D). Both agencics are still revicwing the subsequcnt data and comments on the revised
submittal will be providcd by the reviewing agencies by November 18. 2003. The Planning
Depar1ment will report the reviewing agencies' comments and recommcndations at the
Novembcr 18. 2003 Community Development Board meeting and the December 4, 2003 City
Commissionmceting.
IV. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The State's Comprehensive Plan policies applicable to the proposed DRI amendment are as
follows:
(16)(b)3. Enhance the livability and character of urban areas through the encouragement of an
attractive and functional mix of living, working, shopping, and recreational activities.
(18)(b) I. Provide incentives for developing land in a way that maximizes the uses of existing
public facilities.
(25)(b)5. Ensure that the transportation system provides maximum access to jobs and markets.
The proposed DRI amendment is consistent with all appl icable State Comprehensive Plan
policies.
SUMMARY AND RECOMMENDATIONS
Based on the analysis above, the Planning Department finds the application consistent with the
Community Development Code and, contingent upon approval by the Department of Community
Affairs. the Tampa Bay Regional Planning Council and thc Florida Department of
Transportation recommends approval of the Notice of Proposed Change.
Prcpared by Planning Department Staff:
Marc A. Mariano. Planner
Staff Rcport - Comlllunit)' Dcvclopment Board - Novcmber 19.2003 - Case DR12003-0900 1 - Page 4
Attachments: Applicant's Submittal to DCA
DCA Letter
FDOT Letter
TB RPC Letter
Applicant's Responses
Location Map
Future Land Use Map
Zoning Map
Park Place DRI Parcel Configuration
S:~/'I"IIIInX O"/~I"m~IlH: /) 8'/)..... R~K.IIllf'<ICI'./)Rf]O/JJ.ti9(HJII''''* I'/xe DRI J/JIJ S.I'art rluc~ 811'1i'J)RaOOJ-09OIJII'"rl; 1'ltXY DRI.,qf/ n..f'Ort.J,....
.
StafT Report ~ Community Development Board - November 19,2003 - Case DR12003-0900 I - Page.5
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Aerial Photograph
Site:
Park. Place Land. Ltd and Bausch and Lomb Case:
300 South Park. Place Boulevard Property Size (Acres):
DRI2003-0900 1
99.13
Owners:
Request:
Notice of Proposed Change to extend
the buildout date of the Development PIN:
of Regional Impact (DRI) by five years
to December 31. 2008.
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Location Map
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300 South Park Place Boulevard r Property Size (Acres):
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99.13
Owners:
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Request:
Notice of Proposed Change to extend
the buildoul date of the Development PIN: .
of Regional Impact (DRI) by five years
to December 31 . 2008.
Atlos Page:
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Owners:
Site:
ParI< Place Land. LId and Bausch and Lomb Case:
300 South Park Place Boulevard Property Size (Acres):
DR12003-0900 1
99.13
Alios Page:
17/29/16/663731OC1JIOOYJ
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17/29/16/85S461OC1J 10
291A
Request:
Notice of Proposed Change to extend
. PIN'.
the bUlldout dale of the Developmenl
of Regional Impact (DRI) by five years
10 December 31 , 2008.
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ty Size (Acres):
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d Lomb
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k Place Lon .
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k Place Bou e ____.
_ 300 Sc:.uth Par _ _
Owners:
DR12003-0900 1
99.13
(00) iOOSO
1 7129116/663~~ '0::.0/0040
11/21/10/603 'OCO;OO:lO
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291A
PIN:
Request:
e 10 extend
ased Chong I menl
lice of Prop f the Deve op
~~ bulldou! dalec~ (DRI) by five years
of Regianallmpa 2008.
ember 31,
10 Dee
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Owners: Pork Place land LId and Bausch and lomb I Case'
'-.' S;I;;.------300S~~th ;~rk- Place Boulevard 1 Property Size (Acres):
DRI200'3-0900 1
99.13
Request:
Notice of Proposed Change to extend
the build out date of the Development
of Regional Impact (DRI) by five years
to December 31 . 2008.
PIN:
17 rn 116/663 73/00010050
17 rn1l6/66373/OOO1OO40
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the buildout date of the Development
of Regional Impact (DRI) by five years
to December 31. 2008.
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{/01-
ORDINANCE NO. 7215-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS
AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE
NO. 5142-91, ORDINANCE NO. 5722-95, ORDINANCE NO.
6107-96 AND ORDINANCE NO. 6678-01, A
DEVELOPMENT ORDER ISSUED PURSUANT TO
CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE,
A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING
FINDINGS OF FACT; PROVIDING CONCLUSIONS OF
LAW; EXTENDING THE BUILDOUT DATE; DETERMINING
THAT SAID AMENDMENT IS CONSISTENT WITH THE
ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No.
3205-83 (the "Development Order") which ordinance constitutes a development order
for Park Place, a development of regional impact, affecting the property described on
Exhibit "A" attached hereto and incorporated herein (the "Development"); and
WHEREAS, on October 20, 1983, the City Commission adopted Ordinance
No. 3287-83, an amendment to the Development Order and readopted Ordinance
No. 3287-83 on December 8, 1983; and
WHEREAS, on December 19, 1991, the City Commission adopted Ordinance
No. 5142-91, an Amendment to the Development Order; and
WHEREAS, on January 19, 1995, the City Commission adopted Ordinance
No. 5722-95, an Amendment to the Development Order; and
WHEREAS, on November 21,1996, the City Commission adopted Ordinance No.
6107-96, an Amendment to the Development Order; and
WHEREAS, on February 1, 2001, the City Commission adopted Ordinance No.
6678-01, an Amendment to the Development Order; and
WHEREAS, on September 10, 2003, Bausch and Lomb Incorporated and Park
Place Land, Ltd., a Florida limited partnership, the owners of certain undeveloped areas
of the Development, filed an application entitled "Notification of a Proposed Change to
a Previously Approved Development of Regional Impact ("DRI") pursuant to Subsection
380.06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with
copies provided to the Tampa Bay Regional Planning Council (the "TBRPC") and the
Florida Department of Community Affairs (the "DCA"); and
Ordinance No. 7215-03
WHEREAS, the NOPC proposes to amend the Development Order to extend the
build-out date by five years to December 31, 2008 (the "Proposed Change"); and
WHEREAS, the Proposed Change, combined with previous amendments to the
Development Order, is presumed to create a substantial deviation, pursuant to
Subsection 380.06(19), Florida Statutes; and
WHEREAS, the NOPC has satisfactorily addressed all regional issues related to
the Development and the presumption of a substantial deviation has been rebutted;
and
WHEREAS, the City Commission, as the governing body of the local government
having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and
empowered to consider applications for proposed changes to previously approved
DRls; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and
the City have been satisfied; and
WHEREAS, the City Commission has reviewed the NOPC, as well as all related
testimony and evidence submitted by each party and members of the general public.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Introduction - This Ordinance shall constitute an amendment to the
Park Place Development Order as previously amended.
Section 2. Findings - The City Commission, having received all related
comments, testimony and evidence submitted by each party and members of the
general public, finds that there is substantial competent evidence to support the
following findings of fact:
A. The Park Place Development Order, as adopted by Ordinance No; 3205-
83, and amended by Ordinances No. 3287-83, No. 5142-91, No. 5722-95,
6107-96 and 6678-01, is a valid final development order within the
provisions of Section 163.3167(8), Florida Statutes, affecting the property
described on Exhibit "A" attached hereto and incorporated herein.
B. Bausch and Lomb Incorporated and Park Place Land, Ltd., a Florida limited
partnership, the owners of undeveloped portions of the DRI, have proposed
that the Development Order be amended to extend the build-out date by
five years to December 31, 2008.
2
Ordinance No. 7215-03
C. A comprehensive review of the impacts generated by the Proposed
Change, together with all previous amendments, has been conducted by
the City's departments, the TBRPC and the DCA.
D. The Proposed Change is not located in an area of critical state concern
designated as such pursuant to Section 380.05, Florida Statutes (1993).
E. The Proposed Change, together with all previous amendments, does not
increase the external traffic impact of the development, nor does it create
additional impacts on other public facilities, including water, wastewater,
drainage, solid waste, recreation and mass transit, from the original
projections set forth in the Application for Development Approval ("ADA").
F. The Proposed Change hereby approved is determined not to be a
substantial deviation to the Development Order.
Section 3. Conclusions of Law - The City Commission, having made the above
findings of fact, reaches the following conclusions of law:
A. The Development as built to date is consistent with the local
comprehensive plan and local land development regulations under which it
was developed.
B. The Development as modified herein, and as depicted on the Revised Map
H, Master Plan, attached hereto as Exhibit "B," will not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to the area.
C. The Proposed Change is consistent with the local land development
regulations currently in effect.
D. The Proposed Change, together with all previous amendments, does not
create a reasonable likelihood of additional impact or any type of regional
impact not previously reviewed by the TBRPC and DCA, over those treated
under the Development Order. The Proposed Change, therefore, does not
constitute a "substantial deviation" from the Development Order, pursuant
. to Chapter 380.06, Florida Statutes. The Proposed Change is exempt from
the provisions of Ordinance No. 4983-90, City of Clearwater and the Park
Place DRI remains vested thereunder.
E. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the Proposed Change to the Development Order as
approved by this ordinance.
3
Ordinance No. 7215-03
F. The Proposed Change is within the threshold guidelines of Ordinance No.
4983-90 of the City, relating to determinations of vested development
rights, and the Park Place DRI remains vested thereunder.
G. These proceedings have been duly conducted pursuant to applicable law
and regulations, and based upon the record in these proceedings, the
various departments of the City, Bausch and Lomb Incorporated, Park
Place Land, Ltd., and other owners of the Development are authorized to
approve/conduct development as described herein.
H. The review by the City, the TBRPC, and other participating agencies and
interested citizens reveals that impacts are adequately addressed pursuant
to the requirements of Chapter 380, Florida Statutes.
Section 4. Order - Having made the above findings of fact and drawn the above
conclusions of law, it is ordered that the Development Order be amended as follows:
A. The Conceptual Plan described in Sections 4.A. and 4.J. of the
Development Order is amended to be as shown on Exhibit "B" attached
hereto and incorporated herein. All references to the Conceptual Plan set
forth in the Development Order shall refer to the Amended Conceptual Plan
attached hereto as Exhibit "B."
B. The build-out date is hereby extended to December 31,2008.
C. The amendments stated herein, together with all previous amendments, do
not constitute a substantial deviation, pursuant to Chapter 380.06, Florida
Statutes.
D. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the proposed amendments to the Development Order
as approved by this ordinance.
E. The City Clerk shall send copies of this ordinance, within five (5) days after
passage of this ordinance on second reading to Bausch and Lomb
Incorporated, Park Place Land, Ltd., DCA and TBRPC.
F. This ordinance shall be deemed rendered upon transmittal of copies hereof
to the TBRPC and the DCA.
G. Notice of adoption of this ordinance shall be recorded by the Developer in
the public records of Pinellas County, Florida, as provided in Section
380.06, Florida Statutes.
4
Ordinance No. 7215-03
Section 5. Effective Date. This ordinance shall take effect when filed as provided
by law. unless this ordinance is appealed. in which event this ordinance shall not take
effect until such appeal has been decided.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
5
Ordinance No. 7215-03
EXHIBIT "A"
TO ORDINANCE NO. 7215-03
LEGAL DESCRIPTION OF PARK PLACE
Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida and go S 89046'01" W, 660.00 feet, along the South boundary of the
Northwest 1/4 of said Section 17 (the East-West centerline of said Section 17;) thence
N 00019'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay
Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North
right-of-way line, S 89046'01" W, 58.49 feet; thence N 00013'59" W, 10.00 feet; thence
S 29046'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01004'04"
E, 599.99 feet; thence S 89046'01" W, 198.43 feet; thence N 00052'21" E, 554.70 feet;
thence S 89054'49" W, 400.06 feet, to a point on the East right-of-way line of U.S.
Highway 19; thence, following said East right-of-way line, N 01004'04" E, 28.15 feet;
thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82
feet, a chord length of 72.39 feet, a chord bearing of N 11056'04" E, thence N 22047'58"
E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc
length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20051 '27" E, to a
point on the North boundary of the Southwest 1/4 of the Northwest 1/4 of said Section
17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89054'49" E,
1222.19 feet, along the North boundary of the Southwest 1/4 of the Northwest 1/4 of
said Section 17 to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of
said Section 17; thence N 00022'28" E, 1337.33 feet, along the West boundary of the
Northeast 114 of the Northwest 1/4 of Section 17 to the Northwest corner of said
Northeast 1/4 of the Northwest 1/4; thence S 89056'11" E, 1312.06 feet, along the North
boundary of said Northeast 1/4 of the Northwest 1/4 to a point on the West right-of-way
line of Hampton Road - County Road 144; thence S 00019'21" E, 2337.71 feet, along
said West right-of-way line; thence S 89046'01" W, 627.00 feet; thence S 00010'21" E,
280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less.
Subject to easements and rights-of-way of record.
Information taken from survey by L1overas, Baur & Stevens, Consulting Engineers-Land
Surveyors, Clearwater, Florida, February 23, 1982.
EXHISIT "S"
TO ORDINANCE NO. 7215-03
PARK PLACE DRI - MASTER DEVELOPMENT PLAN, MAP H
REVISED AUGUST 22, 2003
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Actual Date:
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Approve the City of Clearwater FY2002-2003 Consolidated Annual Performance and Evaluation
Report (CAPER).
Sul!\nLiID'..~
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report documenting the City's expenditures of Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S.
Department of Housing and Urban Development (HUD). It serves as the basis for program
monitoring for compliance and for financial audits for all activities conducted during the
FY2002-03 as outlined in the Consolidated Action Plan for that program year. The report
provides HUD with necessary information for the Department to meet Its requirement to assess
each grantee's ability to carry out relevant Community Planning Development (CPO) programs In
compliance with all applicable rules and regulations. It also provides information necessary for
HUD's Annual Report to Congress and It provides grantees an opportunity to describe to citizens
their successes in revitalizing deteriorated neighborhoods and In meeting objectives stipulated in
their Consolidated Planning document.
The City's Neighborhood and Affordable Housing Advisory Committee Is scheduled to approved
the FY02-03 CAPER at their meeting on December 2, 2003. The FY02-03 CAPER Is due to HUD
no later than December 29, 2003.
The City of Clearwater FY 2002-2003 CAPER contains Information on the City's assessment of
activities listed below:
- Assessment of Three to Five Year Goals and Objectives
- Affordable Housing
- Continuum of Care
- Leveraging Resources
- Affirmatively Furthering Fair Housing
- Citizens Comments
- Self-Evaluation
Through the programs covered under the CAPER over 21,000 persons were assisted through
Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and
Economic Development programs. Also, during this past fiscal year twelve (12) homes were
rehabilitated and eight (8) new home was constructed through our CnaG and HOME Programs.
Qtjgjnatlng:
Economic Development and Housing
C.a.teQ.Qr:v.: Other
Public He.M!rul;. Yes
Ac1Y.ettl:>Jtll 11/15/2003
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IYge: Other
l.n Current Year Budget?
No
Budaet Adjustment:
No
For Fis!:..<u Year:
10/01/2002 to 09/30/2003
Review Approval
Howle Carroll
11-17-2003
11:07:01
Reginald Owens
11-18-2003
13:50:57
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CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
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Prepared bV the
Economic Development & Housing Department -
Housing Division
Howle Carroll, Michael Holmes, Earl Uchiyama, Terry Malcolm-Smith, Marie Orsello 81
Nina Clark
.
.
.
ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES
In July 2000, the City of Clearwater City Commission approved the FY 2000-05
Consolidated Plan for funding from the Community Development Block Grant Program
(CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives
Partnership (SHIP) Program. In September 2000, the City's Consolidated Plan was
approved by the United States Department of Housing and Urban Development (HUD).
The five-year Consolidated Plan included three main key activities that included the
following:
1 . Providing decent, safe, and affordable housing;
2. Increasing public services and facilities to Improve the safety of the
neighborhoods; and,
3. Expanding economic opportunities for low and moderate income people by
creating or retaining jobs or creating and/or expanding businesses in low to
moderate income neighborhoods.
The City has identified five (5) general strategies to provide affordable housing over the
Consolidated Plan period. They are to provide decent, adequate and affordable housing in
safe and desirable environments for:
1. Renters
2. Homeowners
3. Homebuyers
4. Homeless, and
5. Non-Homeless with Special Needs.
Rental Strate2V
The strategy for Rental activities includes maintaining the existing rental housing stock
through rehabilitation, new construction, conversion, and providing additional funding for
acquisition/rehabilitation, to very low-income households so that housing costs, including
utilities, does not exceed 300.10 of their gross monthly income.
A rental housing market analysis conducted by Pardue, Heid, Church, Smith and Waller
showed a tightening rental housing market in Clearwater. In 1995 the vacancy rate was
3.8%. In 1997 the vacancy rate shrank to 2.1%. The tight rental housing supply is
reflected in the amount the elderly pay for rent. The market analysis identified that 1,689
elderly rental households are paying more than 35% of their household income for rent.
These households represent 44.6% of all elderly renters in Clearwater.
The Rental goal is to facilitate the renovation and/or construction of four multifamily
properties during this Consolidated Plan period.
During this reporting period, the City of Clearwater allocated approximately $900,000 in a
combination of HOI\1E, SHIP and non-grant funds for the renovation the Fulton .
Apartments. The community has 19 units and was owned by the City.
The City of Clearwater expended $450,716 in a combination of HOME and SHIP funds to
complete the renovation of Fulton Apartments. This resulted in expenditures of $179,925
in SIllP Funds and $270,791 in HOME funds. The apartment complex was sold to
Community Services Foundation (CSF) in September 2003. Community Service
Foundation is a local non-profit that has a long and successful track record of providing
safe, decent and affordable housing. The apartment complex was sold to the agency for
$925,000, in which the agency obtained private sector financing in the amount of a first
mortgage totaling $725,000, and the City provided a second mortgage in the amount of
$200,000. CSF also contributed $16,915 from its own resources.
e
Fultoll Apartmelltt
As of November 2003 the apartment complex is nearly 79% occupied. The community
will have set-aside units for 14 very-low to moderate-income families.
The City expended 5150,000 in HOME funds to build an eight-unit single room
occupancy apartment building for Homeless Emergency Project. The anticipated total
project cost is $440,000, with the owner contributing $290,000 through a grant provided
.
J 2/312003
2
.
.
.
by the V,S, Department of Housing and Urban Development (BUD). The project is
nearing completion and will provide housing during the next reporting period,
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Homeless Emergency Project - Transitional Housing
In furthering the Rental strategy the City also committed an additional $300,000 in State
Housing Initiatives Partnership (SHIP) funds to assist in the renovation of Greenwood
Apartments. This was in addition to the $700,000 that the City previously committed.
The total amount expended to the project to date is $875,000 and the balance, $125,000
will be paid at stabilization, which should occur by the end of the year. The community is
currently 85% occupied and contains 192 rental units. The project included acquisition
and renovation with the total project cost of approximately $14.2 million dollars and the
use of seven different layers of financing. Eighty-five percent (85%) of the units will be
for households earning at or below sixty percent (60%) of the Area Median Income
(AMI). Of the 85%, 10% will be reserved for households at or below 35% AMJ, Fifteen
percent (15%) of the units will be "market rate" units,
/2/3/2003
3
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Old Greenwood Apartments
.
New Greenwood Apartments
.
J 2/3/2003
4
.
The City also provided $260,000 in HOME funds to Mt. Carmel Community
Development Corporation to develop small elderly rental housing in the North Greenwood
community. In addition to the $260,000, the City also allocated $185,000 in SffiP funds
to assist with this project. Mt. Carmel is currently in the acquisition and site-plan
development stage on the project. It is anticipated that the project will break-ground
during Summer 2004,
NORTH ELEVATION
Proposed Mt Carmel Elderly Rental Housing
. Housinl! Stratel!ies
The City of Cleanvater implemented three basic strategies for assisting in the provision of
decent, safe and affordable housing. The strategies consist of:
. Homeowner rehabilitation - which include emergency repairs and . disabled
retrofitting
. Down payment and closing cost assistance for homebuyers, and,
. Acquisition/rehabilitation/new construction
During the FY 2000-01 funding year, the City of Cleanvater implemented its
"Subrecipient Housing Pool". Funds in the Housing Pool are used for down payment,
closing cost assistance, lot acquisition, rehabilitation and new construction. Primarily
SHIP and HOME monies fund the Housing Pool. Participants in the Housing Pool may
draw upon these funds for eligible activities. For larger developments, a non-profit and/or
for-profit may be allocated funds in a line of credit fonnat. This allows for the
development. of small infill projects as well as the acquisition of several single existing
units for rehabilitation and resale.
J 2/3/2003
5
Clearwater's Economic Development and Housing Department - Housing Division
oversees the activities of its subrecipient participants and administers the City's
. rehabilitation and emergency repair program using CDBG, HOME and SHlP funds.
The City made available a total $1,326,007 for housing related activities in the Housing
Pool during this reporting period. This amount is comprised of $30,000 from COSO .
funds, $630,790 in HOME funds, and $665,217 in SHIP funds. The Housing Pool
continues to be one of the most effective ways for our housing partners to access funding
for income eligible clients. The Housing Pool participants submit a client case for City
approval and once approved the City will encumber those funds. Upon home closing the
Housing Pool Participant will request reimbursement of the funds the expended and their
loan processing fee(s). The loan processing fees are not funded until we carefully
reviewed the client file and have detennined that all necessary documentation has been
obtain to verify household income and assets and to substantiate any rehabilitation that
may have been done on the home that was purchased.
In the FY 2002-03 SHIP Program Annual Report, which covered the period July 1, 2002
through June 30, 2003, and which was submitted in September 2003, it was reported that
as a result of its activities during this period the total value of all activity was $13.8 million
dollars. This meant that for every dollar of SHIP funds the City leveraged over eight (8)
dollars in other funding. This value was based upon the following:
SHIP Funds Expended $ 1,685,214.22
Public Funds Expended $ 3,591,275.68
Private Funds Expended $ 7,162,216.24
Owner Equity $ 1,414,422.46 .
TOTAL $ 13,853,128.60
Among the more notable accomplishments during this SHIP reporting period included
providing down payment and closing cost assistance to 69 families and the rehabilitation
of 17 homes.
According to the SHIP Annual Report, it stated that a total of $2,007,422 in total
revenues (allocation, program income and recaptured funds) were deposited into the Local
Affordable Housing Trust Fund during the FY02-03 State Fiscal Year. These funds were
generated through the following:
State Annual Distribution
Program Income
Recaptured Funds
Total
$ 1,126,284.00
$ 601,189.00
$ 279,949.00
$ 2,007,422.00
.
J 2/3/2003
6
.
Homeowner Strate~ies
The strategies for homeowners hip activities are listed as follows:
I. Bringing housing up to standard (and modernize when possible)
2. Removal of architectural barriers
3. Demolition of units that prove economically infeasible to rehabilitate and provide
relocation benefits
4. Ensuring housing costs are in the general range of30% of household income, and,
5. Promoting energy efficiency and prevent loss of homes.
The five year (2000-2005) goal is to renovate 100+ housing units through the Homeowner
Rehabilitation Program, complete 25+ emergency repairs through the Emergency Repair
program, and retro-fit 25+ homes to make them more assessable for physically challenged
individuals through the Disabled Retrofitting Program.
Twenty-eight percent (28%) of the housing units in Clearwater are over 30 years of age.
To assist homeowners who need rehabilitation, the City offers loans through the Housing
Division and through the approved housing non-profits participating in the City's Housing
Pool. The loans are available to owner-occupied households with incomes that are very
low to moderate income, with a priority on very-low and low income households.
-
In FY 2002-03, the City made twelve (12) rehabilitation loans with CnBG funds. Of the
twelve loan made, six were made to families with low income and six were made to
families with very low income. This activity resulted in expenditures in the amount of
$245,300.
Homebuver Strate2\'
The strategies for homebuyers include providing housing counseling programs and
financial assistance to very low, low and moderate-income households with down payment
and closing cost assistance. Other strategies include: providing a means to finance the
cost of rehabilitation as part of acquisition, providing additional affordable housing units
to very low and low-income households, upgrading neighborhoods and encouraging
activities to promote safer neighborhoods.
A priority needs study identified the cost burden for owner households with cost burdens
greater than 30% as a medium level priority for households below 50% of area median
income. It also shows a high priority of needs for households with a cost burden greater
than 50% whose income is between 51-8001'0 of area median.
.
The 2003 Median Income for a family of four in the Tampa/St. Petersburg/Clearwater
Area is $49,700. Very-Low income for the same family of four would be $25,250 and
Low income would be $40,400.
/2/3/2003
7
According to the most recent "2003 Out of Reach Report" published annually by the
National Low Income Housing Coalition, a family living in Pinellas County would have to
earn $15.02 an hour to afford a two-bedroom unit at the area's Fair Market Rent (FMR)
of $781 a month. That same family, if they were making Minimum Wage would have to
work 117 hours to afford that same two-bedroom unit at FMR. As we can see by this
example there is a large gap between what a very-low and low income household earn and
what the costs are for housing. The maximum monthly housing costs for a family of four
who is very-low income (50% AMI) would be $621 a month.
.
According to the figures put out by the Pinellas County Housing Finance Authority 2002
Bond Study, the median sales value for existing and new homes in the county were
$129,962 and $176,479, respectively. At these costs, it is very hard to find affordable
housing in the City limits. Households who are considered very low or low income find it
almost impossible to obtain housing without some form of subsidy. Some moderate-
income households would be able to afford a home provided they had good credit. The
typical infill house that the City constructed during the past year averaged between
$120,000 and $130,000, including the lot and all associated soft costs.
The five-year goal for homebuyers calls for assisting 50+ homebuyers per year with down
payment and closing costs assistance and assisting 100+ homebuyers to receive
educational services about purchasing a home.
The City offers several programs that help make housing more affordable to very-low and .-
moderate-income homebuyers. The City's Home Ownership Program will lend funds to
purchase land, provide down payment assistance, pay impact" fees, disposition costs,
closing costs and build new homes for income eligible home buyers. Funds in this
program are also available to approved non-profit agencies financing their clients home
ownership needs. Currently these agencies include:
. Clearwater Neighborhood Housing Services, Inc.
. Community Service Foundation
. Habitat for Humanity, and
. Tampa Bay Community Development Corporation,
The funds will also be leveraged against private sector financing to provide affordable
housing. Additionally, during this current fiscal year the City has approved four new
Housing Pool Participants who include: Housing and Education Alliance, Heritage
Housing, UNO Federation, and Homes for Independence.
In addition to loans, housing education and counseling services were provided by three of
the City's Housing subrecipients. The City provided an allocation of S10,000 to
Clearwater Neighborhood Housing Services (CNHS), Inc. who administers a "Fast Track
Housing Counseling" Program. Tampa Bay Community Development Corporation
(TBCDC) received an allocation of $40,250 to administers their "Home Buyers Club" and oM
Home Buyers education, and Community Services Foundation (CSF) was allocated .,
J 2/3/2003
8
.
.
$16,550 to administer a "Neighbor's Housing Counseling Program". Additionally, the
City allocated $14,992 to UNO Federation, Inc. for Hispanic outreach and education. All
of the education and counseling programs were funded through the SHIP program.
Over 700 individuals/families took part in the education/counseling services during this
reporting period. A total of 204 participated in both TBCDC Programs (Homeownership
Counseling and Homebuyer Education Programs), 246 participated in Community Service
Foundation's Partnership to Ownership and Homebuyer Education Programs. A total of
250 participated in UNO's Hispanic Outreach Program.
Homeless Strate2V
According to the most recent Homeless Survey that was done in January 2003 by The
Pinellas County Coalition for the Homeless, there were 2,301 homeless individuals in
Pinellas County on any given day, of which approximately 700 resided in Clearwater.
Of the Homeless sUlVeyed in Clearwater, 83% where Adult and Single Youth and 17%
were Children. Sixty-eight percent (68%) were Male and 88% ranged in age between 18-
59 years old. Single Youth under 18 years of age accounted for 10% of the Clearwater
Homeless. The SUlVey further showed that approximately 58% of the Homeless had
either some form of mental or substance abuse and another 26% has some physical health
~~. .
-
In teoos of the length ofhomelessness:
. More 1 Year + 22%
. 1-6 Months 34%
. Less 4 Weeks 22%
. Residency in Pinellas - 57% 1-5 years
. Employment Status - 50% unemployed, 14% day laborer
Other issues that lead to homelessness include such things as:
.
. Substance Abuse
. Eroding Work Opportunities
. Free WilVChoice
. Poor Work Ethics
. Long T eoo Illness
. Welfare benefits Being Cut
. Lack of Education
. Decline in Public assistance
. Lack of Affordable Housing
. Reduction in Federally Supported Housing
. Closing of Mental Institutions
/2/3/2003
9
. Lack of Affordable Health Care
. Domestic Violence
. Mental Illness
. Institutional Releases
.
Strategies for the homeless included developing programs that meet the emergency
housing and supportive service needs of the homeless, including special sub-populations
and the street homeless.
Among some of the other strategies that the City has develop include:
. IdentifY "Best Practice" Continuum of Care providers and Support them
. Allocated SHIP, HOME, CDBG Funds to Homeless Housing
. Opposed IIScattered" Neighborhood Emergency/Transitional Housing Units
. Supported Downtown "Emergency" Care "Intervention" Facility CHIP
. Supported Downtown "Campus" for Transitional Housing/Pennanent Housing
. Implement Downtown Homeless Outreach Team
. Create Tourist Base DowntownIBeach Ambassador Program
. Implement a Sidewalk Maintenance Main Street Program
. Develop a Relationship with Salvation Army
. Relocate Downtown St. Vincent DePaul Soup Kitchen/Thrift Center
. Support a North Pinellas County "Homeless Service Center"
. Support Combined Funding by Cities/County
. Increase Downtown Business Interface
. Apply for More HUD Funding
. Initiate a 10-year city Homeless Strategy
-
The City has also formed a Homeless Task Force made up of City internal staffand other
outside parties who are involved with providing services to the City's Homeless. Reginald
Owens, Director of the Economic Development and Housing Department, chairs the task
force.
The City provided CDBG funding to four (4) agencies assisting the homeless in FY 2002-
2003 - Clearwater Homeless Intervention Project (CHlP), Religious Community Services,
The Mustard Seed and Religious Community Services - Grace House.
The Mustard Seed's - "Turning Point" program received $11,750 to cover administrative
costs. The Turning Point is an inebriate receiving center that provides a safe haven for
both walk-in clientele and those who are picked up by law enforcement and other
agencies. The program provides food, temporary shelter, and counseling. After an initial
assessment, clients are placed in longer term housing and assisted in finding a job and are
provided other services as necessary. .Below are some statistics pertaining to the Turning
Point's operation:
-
/2/3/2003
10
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. Annual Clients Served: 2002 = 3,522
. Capacity: 98 Clients + 2 Staff
. Averages 56 beds/10 Clients on Floor
The City funded the Clearwater Homeless Intervention Program (CHIP) in the amount of
$47,205 for operational support for a program that provides temporary shelter, food and
clothing. The agency assisted 1,684 individuals during this reporting period. The
program requires participants to seek and retain employment and receive counseling.
Upon stabilization, clients are moved into transitional housing. The City also allocated
$100,000 in CDBG funds for acquisition and development of a transitional housing
complex and during this period allocated an additional $205,000 ($155,000 HOME and
$50,000 CDBO) to ClllP to further assist with their operational and transitional housing
efforts.
.
CkIII'WIIter Homdas IlllDWntiolJ Project - Tnuuitiolllll NOUIII
.
12/3/2003
11
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'..~.::;:::~..~~:>. or' .;.
I ", '. . '.. ~. '.', ,
.
CHIP - Proposed Master Plan
The Homeless Emergency Project (HEP) received funding in the amount of S150,000 in
prior year funding to build an eight unit SRO apartment building for homeless individuals.
The project is scheduled to be completed by January 2004. In addition to short and long-
term housing for the homeless, the HEP provides job placement, medical, dental and
psychological counseling (photo on next page).
Homelns Emergency Proj~ct - Trtullitio1Ull Housing
A total of $8,017 was provided to Religious Community Services - Grace House to
renovate their facility that provides transitional housing for homeless families. In addition
to shelter the agency provides food, and other material necessities. for an eight-week
period. Each family receives.case management services, tutoring for children, and medical
and mental health care on site. The agency provided services to 1,105 families.
.
12/3/2003
12
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In all a total of $726,627 was allocated and/or expended to homeless needs in FY 2002-
2003. These allocations resulted in many homeless individual/families being provided a
place to live and get back on their feet and obtain other essential services.
Non-Homeless Strate~
In 1991 the Area Agency on Aging conducted a service needs assessment to determine
which services were identified as most needed by seniors. Transportation for shopping
llnd medical appointments was reported as most needed. Following these two top
categories was information about services and programs, home delivered meals, help in
getting legal advice and house cleaning. The ability to provide in-home and community
services to seniors positively impacts their ability to live independently in the housing
environment of their choice. Since the elderly are no longer able to perform the more
strenuous chores for themselves and may lack the finances to hire help, homes become a
hClllth llnd fire hazard. By providing these types of services the elderly may live
indcpendently for a longer period of time.
Thc strntegy for housing and supportive services for non-homeless persons with special
needs (the elderly, frail elderly, severe mental illness, developmentally disabled, physically
dilmbled, alcohol/other drug addiction and/or person with HIV / AIDS) include upgrading
existing and/or providing additional supportive housing and services.
.
In llddition, the City will assist programs that provide services to marginally mentally
di/lubled residents with basic life skill programs to assist them in becoming self-sufficient.
The creation of self-sufficiency programs geared toward the specific challenges such as
IIttcntion deficit disorder, anger control and completion of education may accomplish this
object ivc. Other programs the City will address during the Consolidated Plan period
include the following:
. Ilrogrnms to assist those entering the work force, such as corporate mentoring,
ntlhrdable childcare and transportation, and private sector mentoring programs
. I)rogrnms to strengthen small businesses such as micro-lending programs, and
other small business support
. Programs for older teens, including after school programs, programs to assist in
encouraging them to stay in school, transitional living facilities for homeless youth,
street outreach programs, and maternity services
.
CDSG funds were provided in the amount of $36,337 to Pinellas Opportunity Council to
administer their "Chore Services" Program. Through this program various chore services
were provided to sixty-two (62) elderly, frail elderly, developmentally disabled and
physically disabled individuals to assist them in remaining in their home and not being
placed in a nursing home.
/2/3/200j
13
To further assist non-homeless individuals with special needs, the City provided funding to _
Directions for Mental Health, the Serenity Club, Gulf Coast Community Care, Clearwater _
Fee Clinic and Personal Enrichment through Mental Health Services. All of these agencies
provide a vital function to individuals with special needs.
Directions for Mental Health and Personal Enrichment through Mental Health Services
provide a facility for individuals to obtain mental health counseling. They also provide
needed medicines for related mental health illnesses. The Clearwater Free Clinic provides
examinations and medicines to general public residents but also residents with special
needs. The Serenity Club provides a meeting facility and counseling services for
individuals with alcohol and/or drug related abuse issues. Gulf Coast Community Care
provides counseling and other related services for individuals with mv / AIDS. A total of
$6,000 was provided to Personal Enrichment through Mental Health Services for
operational support.
During this reporting period the City also provided funding (at mid-year reprogramming)
in the amounts of $50,000 to Directions to Mental Health, $9,500 to Gulf Coast
Community Care, $50,000 to Family Resources and $6,000 to the Serenity Club to
renovate their facilities.
All agencies expended their allocation with the exception of the Serenity Club where the
repairs to the facility were far greater than expect. The City is currently looking for
additional funds to correct all the noted defiencies associated with Serenity's building.
e
As a result of these expenditures, a total of 12,653 individuals with special needs received
assistance.
NON-HOUSING OBJECTIVES
The City also listed other Non-Housing objectives in its five-year strategy. They include
eliminating slum and blighting influences in the City's Community Redevelopment Area, as
well as other areas in the City experiencing slum and blight, and eliminating conditions that
are detrimental to health, safety, and public welfare. In addition, other objectives include:
. The reduction of the isolation of income groups within the community,
. The alleviation of physical and economic distress through the stimulation of private
investment, and
. The establishment, stabilization and expansion of small businesses.
To encourage some of the activities over the Consolidated Plan period the City will
support activities that will:
. Facilitate community and economic development within the North and South
Greenwood Area and Downtown Community Redevelopment Area
.
J 2/3/2003
14
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. Assist not-for-profit agencIes In achieving goals uncovered In the Citizen
Participation process
. Assist not-for-profit agencies in expanding their programs and/or relocating
services to better serve the community
In the City's recently expanded Community Redevelopment Area, the City has completed
an updated Downtown Redevelopment Plan, The Plan will provide the foundation and
guidance for the City to eliminate the slum and blighting conditions within the area.
The updated Downtown Redevelopment Plan retlects Clearwater's desire to reclaim its
traditional downtown and make it the center and heart of the City, There are several good
reasons that downtown revitalization is important to all Clearwater citizens. First, every
city should have a unique place that fosters community interaction and fun. Downtown
should and can be that place for Clearwater residents and tourists alike. Second,
Downtown Clearwater is a reflection of how our forefathers lived, worked and shopped.
Clearwater's past can be seen in its historic buildings in and around Downtown and
historic Coachman Park. We cannot envision and plan for the future unless we are mindful
of our past learning from our successes and failures. Third, Clearwater is the Pinellas
County seat and should present a welcoming air to all of Pinellas County residents as they
transact business with their government. Finally, Clearwater's Downtown is still a major
player in the City's economic life and has a grand opportunity to increase its economic
impact through redevelopment.
e
As a Community Redevelopment Plan, this document sets the policies that guide future
actions and projects of the City's Community Redevelopment Agency (CRA) as it seeks
to redevelop the central business district of Clearwater and its newly expanded area.
The City prepared a "Findings and Declarations of Necessity Analysis" in the Fall 2002 for
201 acres generally located to the east of the CRA, including land governed by the
Southeast and Southwest Expansion Areas of the Clearwater Downtown Periphery Plan.
The study clearly demonstrated the need for revitalization outside of the existing CRA
boundaries and documented the following conditions:
.
.
.
.
.
.
.
.
.
. .
12/3/2003
Poor lot layout relating to size, accessibility and use
Site and environs deterioration/inadequate and outmoded building density patterns
Defective or inadequate street configurations, transportation facilities and parking
. facilities
Excessive emergency calls
Unsanitary and unsafe environment
Excessive violations of the Florida Building Code
Diversity of ownership
Falling lease rates
High residential and commercial vacancy rates~ and
Lack of appreciable increase in the past five years of the aggregate assessed values
15
In September 2003, the City, for its "Findings and Declaration of Necessity Report" for
the Expanded Community Redevelopment Area, was a recipient of the Ron Kenzie Merit
Awardfor Planning StudieslMarketing Communications from the Florida Redevelopment
Association,
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Once the new Memorial Causeway Bridge is completed, upwards of one half of all cars
that currently travel along Cleveland Street going through Downtown will now be
diverted to Court and Chestnut Streets. The Wayfinding project is designed to direct
residents and visitors to Downtown, and to provide direction to public facilities including
public parking, public buildings, parks, etc. within the Downtown CRA. This will assist in
avoiding further the economic decline that the City is experiencing in the Downtown area.
With the bridge opening next spring, the City views the Wayfinding signage project as
essential to providing directional "gateways" into the downtown core area. Along those
lines, the City Commission recently approved the reallocation of $285,000 in CDBG funds
that will be used to assist with the City's Wayfinding and Streetscape Projects in the CRA.
.
. The Wayfinding project will complement the $4.7 million dollar renovation of Cleveland
Street. The Cleveland Streetscape project is funded primarily by "Pennies for Pinellas"
funds and will be under construction in the fourth quarter of2oo5.
.
/2/3/2003
16
.
.
NEIGHBORHOOD REVITALIZATION STRATEGY
The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of
the City's Five Year Consolidated Plan. The Strategy is established to promote a flexible
design in the City's allocation of funds provided by the U. S. Department of Housing and
Urban Development (HUD) - Community Development Block Grant Program (CDBG) to
promote innovative programs in economically disadvantaged areas of the City.
The NRS provides for enhanced regulatory flexibility in the program requirements for
providing CDBG funds for economic development, housing and public service activities.
In tenns of economic development relief, the strategy allows job creation or retention
efforts relief by not requiring businesses to track the income of people hired or retained.
Economic development activities carried out in the approved neighborhood revitalization
are also exempt from the aggregate public benefit standards.
The relief for public service activities can be viewed in tenns of the regulatory
requirements that no more than 15% of the total CnBG allocation can be used for public
services activities. Under this strategy, all public services offered within the subject
neighborhoods and carried out as part of qualified projects by a Community Based
Development Organization, (CBDO) are exempt from the public service cap of 15%.
Therefore, the City will be able to offer a more intensive level of service to stimulate
revitalization. It will also allow the City to address some of the urgent needs of the
disadvantaged community by offering job training and other related economic
development assistance.
In the housing arena, the revitalization strategy will allow the City to track scattered site
housing units as a single strategy. This will permit the City to provide housing
opportunities to not only very-low to low income families, but to other families who earn
between 80-120% of Area Median Income (AMI). This will increase the level of
affordable housing units and thereby raise the income level of the neighborhood and in the
process create a mixed-income community.
There are several non-housing factors that cause a blighting influence on communities.
They range from vacant boarded structures, to crime, to lack of commerciaVretail
activities. To help stimulate economic development opportunities within the North
Greenwood Neighborhood, the City took several measures to ensure that the
neighborhood would be stable. The City built a new 8,000 sq. ft. library and a state of the
arts aquatic/recreational center. In addition, the City provided in roadway enhancements
for the Martin Luther King Avenue from Seminole to Palm Bluff Avenue. These were
provided from non-federal resources.
The NRS includes two different neighborhoods - the North Greenwood Community and
South Greenwood Community. They both have their own goals and objectives. The
North Greenwood Neighborhood Revitalization Strategy Area has identified the following
. strategies to improve their neighborhood. They include the:
J 2/3/2003
17
. Elimination of the poor conditions of structures
. Remediation of low-level contaminated sites
. Reverse declining property values
. Expanding business opportunities
. Creation of new investment opportunities in the neighborhood
. Increase new job training and placement opportunities
. Reducing the unemployment rate
. Empowering neighborhood residents to eliminate crime
. Strengthen coordination of community organizations in the redevelopment effort.
e
The South Greenwood Neighborhood Revitalization Strategy Area has the same general
strategies of the North Greenwood Area. The South Greenwood area would like to see
the following:
. Additional educational opportunities of businesses
. A new neighborhood training facility
. A new childcare facility
. Job training opportunities
. A community library
. New homes
. Better social services
. Better collaboration of existing organizations
. More crime awareness programs.
.
The City has taken several steps over the years to address the strategies in the
Neighborhood Revitalization Strategy. Steps included developing a flexible code
enforcement program, purchasing and demolishing dilapidated buildings, working with
local law enforcement to reduce crime, funding outreach programs and providing loans to
small businesses.
Listed below are some of projects that the City has completed over the past year in the
North Greenwood Neighborhood Revitalization Strategy Area.
North Greenwood BI'tUI.:h Lib1'tll'V - January 18, 2003, marked the grand opening of the
new branch library, located at the southeast comer of Palmetto St. and N. Martin Luther
King, Jr. Ave. The library includes an African American collection, computer training
area, a three-dimensional wall mural of Florida wildlife in the children's area, an interior
sculpture of an African American boy reading, and a conference/meeting room for up to
100 people. Over $100,000 in private donations helped make this project a true
public/private partnership. The library serves the Tampa Bay region and beyond and can
be used at no cost by anyone.
.
12/3/2003
18
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.
;,.,... 'i- ,'F! .;.~ ~~,' ;.~....,:.:.'..'" "
.,.... .
North Greenwood Library
North Greenwood Recreation/Aauatic Conwlex - January 4, 2003, marked the grand
opening of the new state-of-the-art recreation/aquatic complex, located at the southwest
comer of Palmetto St. and N. Martin Luther King, Jr. Ave. The 27,500 square foot
building includes a double gymnasium, fitness center, teen lounge, audio recording studio,
arts and crafts room, multi-use classroom, conference room, and a performing arts
auditorium. The family aquatic center boasts 8,000 square feet of water surface area, a
140-foot water slide, a competition-ready pool, diving area, canopies for shade, and a
water playground.
J 2/3/2003
19
.~
.~. . "...
~" .. ".- -........." " .~. .....
.'"'" r.....,~.~,_
e
't
. 'l ~::'.: :
t. ...~.
" .'/~
. . ~.~... ~.::" '" ';.~-1-..:;..':r~./f:;.;;
14' ,..:, l' '~"~.8'M" ,""'" ".
,'L",I' f PH."..'.
"\ l'" ~ . r-, ;"- ~. ,1
p .".-. ':' A _
~ :.',::-;:;.;J:....:;..... .'l.... :,,'.1. ~t_~_ ,
North Greenwood Recreation and Aquatic Center
North Greenwood ADartments Renovation - The North Greenwood Apartment
renovation, located at the northeast comer of Palmetto St. and N. Martin Luther King, Jr.
Ave., was completed in March 2003. It entailed the renovation of 192 units (176 two
bedroom/two bath and 16 three bedroom/two bath) that were constructed in the 1950's. e
This project was funded by a partnership between the Bank of America and Clearwater
Neighborhood Housing Services. The smallest layer of financing was $21,000 and the
largest was the Pinellas County Housing Finance Authority's bonds at $6.5 million. The
City of Clearwater contributed $1,000,000 to the project in the fonn ofa low interest loan
using State of Florida / State Housing Initiatives Partnership (SHIP) Program funds.
The North Greenwood Apartments has won several regional and national awards for their
transformation. Regionally, the Apartments, along with the other recent City
improvements in the area, won the Tampa Bay Regional Planning Council's - "Future of
the Region Award" for the North Greenwood Transfonnation. Nationally, the apartments
was the recipient of the Fannie Mae Foundation's "Maxwell Award" for housing
preservation and was the recipient of the Meritorious Achievement Award from the
National Association of Local Housing Finance Authorities.
e
/2/3/2003
20
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North Greenwood Apartments
North Greenwood Corridor Enhancements - The enhancement of N. Martin Luther
King, Jr. Ave. from Drew St. to Fairmont St. is nearing completion. The conceptual
design for the corridor was created by community residents at a design charrette
sponsored by the City. Enhancements include streetscaping, decorative lighting,
landscaping, entryway features, sidewalk improvements, benches, signs, and traffic
calming. The resident generated plan includes a modem traffic circle at the intersection of
Martin Luther King, Jr. Ave. and Palmetto St. that will provide a very low speed
environment and safe crossing for neighborhood children walking to the new recreation
center, swimming pool, playground and library.
North Greenwood Reclaimed Water - The provision of reclaimed water along N. Martin
Luther King, Jr. Ave. was completed in December 2002. This project will provide highly
cost effective, environmentally friendly irrigation for the abundant landscaping in the four
projects described above, as well as to the community residents and businesses along this
immediate route. An attractive sign will explain the use of xeriscaping to the public.
The total cost for the Corridor Enhancements and Reclaimed Water in Phase I was $2.3
million and Phase n is estimated to be $229,390.
12/312003
21
-
North Greenwood Corridor Ellhancemellls
In this reporting period the City provided federal funding for several projects in the North .
Greenwood Neighborhood Revitalization Strategy Area. They include the following:
North Greenwood Community Health Center
Homeless Emergency Project - Thrift Store
Homeless Emergency Project - SRO Apartments
North Greenwood Fa~ade Improvement Program
TOTAL
$ 39,600.00
$ 200,000.00
$ 150,000.00
$ 85,000.00
S 474,600.00
Funding for these programs assisted in meeting some of the strategies identified in the
Neighborhood Revitalization Strategy. The monies provided to North Greenwood
Community Health Center, designated as a Community Based Development Organization
(CBDO), were used to provide outreach and screening opportunities for lead based paint
poisoning. This provided an employment opportunity and provided funds to strengthen
. the organization. The funds provided to Homeless Emergency Project enabled the
organization to tear down the deteriorated structures and build new ones and reinvest in
the community. The dollars provided to Homeless Emergency Project will generate
approximately 51.2 million dollars of additional investments. The North Greenwood
F~e improvement program will provide enhancements to businesses located in the
business directly on Martin Luther King Street. Tbe enhancements will expand business
opportunities. .
/2/3/2003
22
.
AFFIRMATIVELY FURTHERING FAIR HOUSING
Until October 1999, the City of Clearwater had designated the Human Relations
Department as the lead agency in affirmatively furthering Fair Housing and enforcing the
local Fair Housing ordinance. They investigated and enforced the Fair Housing laws and
. provided the administrative procedures that the City follows to enforce the Fair Housing
laws, as well as to respond to any Fair Housing complaints received by the City.
The City of Clearwater no longer directly enforces Fair Housing laws. The responsibility
was assigned to PineUas County Human Relations Department since their office
investigates and makes recommendations on all Fair Housing issues for other areas of
PineUas County with the exception of the City of St. Petersburg.
The City of Clearwater plays an active role in aflinnatively furthering Fair Housing. The
City .adheres to the Human Rights Ordinance that PineUas County adopted in 1984.
Pinellas County maintains an interlocal agreement with the City of St. Petersburg for the
enforcement of the ordinance. The City of St. Petersburg handles enforcement south of
UImerton Road and the County undertakes enforcement north ofUlmerton Road.
.
The City of Clearwater along with the, Cities of St. Petersburg, Clearwater, and Largo,
Pinellas County, Pinellas County Housing Authority, and the UNO Federation fonned a
Fair Housing Partnership to coordinate efforts countywide to support and expand the
availability of housing to all, regardless of familial status, national origin, race,
accessibility, and disability. The Partnership's tools for furthering this effort are
educational programs, training, testing, assessments, and enforcement through the
appropriate channels. The Partnership meets often and sets an annual schedule to
accomplish its goals.
.
The City remains active in the provision of affordable housing, accessible housing, and
promotion of home ownership. The City of Clearwater provides infonnation concerning
home ownership, home financing, and home repairs in printed matter and is working with
our Public Communications Department on providing information on a variety of other
mediums. The City will continue to expand the availability of information about housing
programs and Fair Housing law. The City also plans to meet with the Fair Housing and
Equal Opportunity representative from HUD Tampa sometime in December 2003 or
January 2004 to obtain technical assistance in order to improve our Fair Housing and
Equal Opportunity activities.
~~ntal "Uou.inl
Fair Housing complaints with the City's Equity Services Department and the PineUas
County Office Human RigbtslHuman Relations indicate that discrimination in the sale or
rental of housing and provision of housing brokerage services does occur.
J 2/3/2003
23
Financial Assistance for Dwellings
.
Minorities have been shown to receive more rejections in the provision of financing for
housing than the population as a whole.
Public Policies
The high percentage of build-out in the City affects the availability of parcels of land
suitable for multi-family and affordable single-family housing. The Land Development
Code and design requirements, design review and concurrency requirements, and building
code requirements affect the approval of sites and costs associated with the construction
of affordable housing and publicly assisted housing.
Administrative Policies
Administrative policies generally support Fair Housing. These include:
. Marketing housing programs in targeted areas
. Providing City-wide home buyers' assistance and education
. Carefully reviewing where affordable housing developments will be located, and
. Avoiding a concentration of very-low to moderate income households in multi-
family developments
Actions Taken to Overcome the Effects of Impediments Identified Through the
Analysis
.
The City in conjunction with the PineUas County Fair Housing Partnership (PineUas
County, St. Petersburg, Clearwater, Largo,. PineUas County Housing Authority, and the
UNO Federation) initiated a Fair Housing Study beginning early in 2002 to determine if
persons seeking rental housing were given differential treatment based on familial status,
national origin, race, accessibility, and disability; and to detennine if further educational
and outreach programs were needed. Two consulting firms conducted the testing process
and prepared. the report giving the results. Two hundred tests were conducted; not all
sites were tested on every basis.
The report was completed in the Fall of 2002. Ditferential treatment was shown in 59010
of the cases tested. Broken down by area, the percentage of cases showing differential
treatment was: St. Petersburg, 52%; Clearwater 55%; Largo 670.10; PineUas County
(balance of county including small cities) 61%. This infonnation was presented to each of
the Partners' boards or commissions, and aU tested rental complexes were sent a copy of
the study. Results were repOrted in local newspapers and on television.
As a. result of the study it was recommended that the foUowing steps be taken to improve
the current situation:
.
121312003
24
.
1. In cases where there is overwhelming evidence of differential treatment, a
complaint against the housing provider should be filed with HUD and/or any
similar local governing agency.
2. There should be aggressive education and outreach efforts to both the housing
providers and the general public.
3. The Pinellas Partnership has the opportunity to retest properties that demonstrated
"some type of differential treatment" for possible future enforcement effort.
4. Allloca1 government pennitting agencies should implement an accessibility review
process before pennitting newly constructed multi-family dwellings.
5. Mandate Fair Housing training for any developer or builder receiving city or
county funding.
The Partnership conducted a series of forums, seminars, and other outreach efforts to
educate housing providers and the general public on Fair Housing issues, rights, and
regulations, and is receiving very good cooperation from the housing community. Testing
will be done in the future on a smaller scale to determine if enforcement efforts are
needed.
.
The City funds programs that offer free classes for persons desiring to become
homeowners. The PineUas Realtor Organization subscribes to the Voluntary Affinnative
Marketing Agreement (V AMA) and works to educate its members about Fair Housing.
Training and marketing materials have been videotaped and translated into American Sign
Language and Spanish. The City promotes home ownership and education at various
homebuyer fairs and expositions. The City also provides funding to Community Service
Foundation to provide Fair Housing Education.
In addition to the Human Relations Department, the City is working with Pinellas County
Realtors through the Voluntary Affirmative Marketing Agreement (V AMA) Program to
further Fair Housing opportunities in real estate transactions. To further these efforts of
the V AMA, the Pinellas County Board of Realtors enlisted the services of the Community
Housing Resource Board to focus on the federal, state and local enforcement agencies,
housing industry groups and volunteer community groups working together to promote
Fair Housing practices.
These efforts include the following:
. Providing public information on Fair Housing.
. Assessing community Fair Housing needs and identifYing local problems and issues
that impede equal housing . opportunity.
. Evaluating performance and effectiveness of the V AMA.
. . Expanding minority involvement in the real estate industry.
/2/312003
25
· Expanding public awareness of housing opportunities in the community. .
· Developing cooperative solutions to problems aSsociated with the implementation of
the V AMA.
Other actions during the FY2002-03 included the following:
· Continue to support the operations of the Pinellas County Human Relations
Department, Pinellas County Board of Realtors, and the Community Housing
Resource Board.
· Continue to work with the local committee of American with Disabilities to view
housing related issues for homeowners, renters, or homebuyers with disabilities.
· Provide $56,800 in funds through the SIDP Program to the Community Service
Foundation and Tampa Bay Community Development Corporation to implement
homebuyers training programs to encourage homeowner opportunities throughout the
City.
· Provide funding in the amount of $10,000 to Community Service Foundation to
implement a Fair Housing program that offers Fair Housing counseling services, initial
needs assessment, rental eviction intervention, and marketing of Fair Housing
programs.
· Provided $10,000 to Clearwater Neighborhood Housing Services to implement a
Home Maintenance Plus Program. The program provides renters to help them fulfill
their responsibilities as tenants as they learn to avoid deterioration of their homes/units
by conducting property/home maintenance. .
· The City has developed Section 3 - Affinnative Action Plan forms that all contractors
will be required to sign prior to starting any projects using federal funds on public
facility type projects. These forms are in located in the Appendix.
The Pinellas County anti-discrimination efforts focus on public infonnation and
enforcement of Fair Housing regulations and the County's Human Rights ordinance. The
County publishes a Housing Resource Directory that includes an overview of Fair
Housing law, information about reasonable accommodation and accessibility, and a list of
state and local enforcement agencies. The County produces a brochure entitled, Fair
Housing in Pine/las County, and distributes approximately 5,000 copies annually. Below
market rate mortgages, down payment and closing cost assistance are readily available
through the County's Housing Finance Authority and through other agencies. The County
is also active in providing and promoting affordable housing, providing low cost funds for
home purchase or repair, and modification to homes to make them accessible to persons
with disabilities.
The City directs significant resources to expanding the supply of affordable rental housing
and partners with a variety of for-profit and non-profit developers and in addition with the
Housing Finance Authority of Pinellas County. The City also assists developers with a
variety of incentives aimed at reducing development costs, impact fees, and regulatory
impediments.
.
J 2/3/2003
26
.
The City encourages mixed-income, multi-family developments to develop affordable
housing in areas that are not predominantly low/moderate areas as part of a continuing
effort to deconcentrate poverty. Funding is denied to developers who do not provide
mixed-income housing where the effect could be to racially or economically segregate
low-income households.
A chart of Direct Benefit data can be found in the Appendix for both Rehabilitation and
Down Payment Assistance Loans.
AFFORDABLE HOUSING
The Housing Element of the City's Comprehensive Plan, last updated in July 200 1, states
as one of its objectives for housing that ''the City shall continue to provide assistance and
incentives for the development of housing that is affordable to very low, low, and
moderate income households, including those with special needs, consistent with the level
of growth in these income categories". The following policies have been prepared to
effect this change:
Policies:
.
13.2.1 Continue to utilize Community Development Block Grant Program funds for the
construction and/or rehabilitation of housing units that will be affordable to very
low and low-income households consistent with federal income guidelines.
13.2.2 Continue to use federal programs to provide rental subsidy assistance to low and
some moderate-income households.
13.2.3 Continue to review new construction techniques, materials, building codes, and
housing codes in order to determine where housing costs can be reduced without
sacrificing the quality of housing for very low and low-income households.
'13.2.4 The City shall continue to utilize the Challenge 2000 Program to assist vel)" low,
low, and moderate-income households in obtaining mortgage financing.
13.2.5 The City shall continue to support the addition of rental housing as needed to meet
the needs ofvel)"-Iow, low, and moderate-income households.
A copy of the City's Housing Element is located in the Appendix.
CONTINUUM OF CARE NARRATIVE
.
The City continues to work closely with the Pinellas County Coalition for the Homeless
and various other homeless services providers in addressing the n~s of the City's
Homeless.
J 2/312003
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The City of Clearwater listed Continuum of Care issues as a high priority in the .
Consolidated Plan. During this reporting period, the City provided $47,205 in CDBG
funds to Clearwater Homeless Intervention Project (CHIP) as operating capital for their
Emergency Shelter Facility as part of it's Continuum of Care. The City's Police
Department provided additional dollars for program operations. The facility provided
shelter, food, counseling, and case management services to 1,684 individuals during this
reporting period. The City also allocated an additional $150,000 in CDBG and $155,000
to CHIP to assist with their operations and transitional housing efforts.
A total of $11,750 was provided to the Mustard Seed - Turning Point for inebriated
homeless individuals. During this reporting period, the agency assisted 161 homeless
individuals from Clearwater.
The Homeless Emergency Project received prior year funding in the amount $150,000 to
build an eight unit SRO apartment build for homeless individuals. Another $200,000 was
provided to the agency to build a new thrift store that will provide job training and
employment opportunities for homeless individuals and families. In addition to short and
long-term housing for the homeless, the lIEP provides a variety of other services including
such things as job placement, medical, dental and psychological counseling.
A total of $8,017 was provided to Religious Community Services - Grace House to
renovate their facility that provides transitional housing for homeless families. In addition
to shelter, the agency provides food, and other material necessities for an eight-week
period. Each family receives case management services, tutoring for children, and medical
and mental health care on site. The agency provided services to 1,105 families.
..
This reporting period also shows that $50,000 in CDBG funds was provided to Directions
for Mental Health to renovate their office complex. Directions for Mental Health -
provides a wide range of high quality behavior health services for all ages, from the
prevention of problems by building upon strengths, to the effective treatment of mental
illness. Directions for Mental Health assisted over 2,205 people during this reporting
period.
Also in this reporting period, additional CDDO funds were used to renovate a runaway
shelter and a facility that provide services to for youth who are runaways.. Family
Resources was allocated 550,000 to renovate its runaway shelter for youths. In addition
to housing, the agency provides counseling; case management and other continuum of
care services. The agency anticipates that it would serve 700 youth. Gulf Coast
Community Care, Inc. was allocated 59,500 to renovate its building. The agency provides
case management, counseling, food and food vouchers, transportation, mv Testing,
computer training and employment services for low to moderate-income individuals with
mY/AIDs. The agency serves approximately 1,200 people annually.
CDDO funds were provided in the amount of 536,337 to Pinellas Opportunity Council to
administer their "Chore Services" Program. Through this program various chore services .
J 2/3/2003
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.
were provided to 62 elderly, frail elderly, developmentally disabled and physically disabled
individuals to assist them in remaining in their home and not being placed in a nursing
home.
OTHER ACTIONS
Fosterinl! and Maintaininl! Morel.ble Housinl!
The City of Clearwater has been very proactive in fostering and maintaining affordable
housing. Although the City cannot control the cost of labor, goods or land costs, we have
done other things in the past to keep the units affordable and we continue to look for new
and creative ways to address the issue of affordability. Some of the things that the City
has done in the past and/or are currently doing include such things as:
.
. Designing homes that are practical and efficient.
. Subsidizing for impact fees.
. Providing financing at below market rates to clients.
. Funding subrecipients to. acquire vacant properties and build affordable houses.
. Working with subrecipients. to acquire homes foreclosed by HUD and reselling them
as affordable housing units.
. Paying for infrastructure improvements with general revenue funds.
. Changing the City's development code to reduce street size and other development
issues.
· Working with the local housing authority to buy property and resell for affordable
housing.
· Working with developers to put together applications for funding through the low-
income housing tax credit program, State of Florida Housing Bond program and other
resources to build or rehabilitate rental units for affordable housing.
.
'amen to Afl'ordulLllousinl!
.
In the early years (1992 -1995) of the City's State Housing Initiatives Partnership (SmP)
Program, the Clearwater's Affordable Housing Advisory Committee reviewed the
following areas to identify potential barriers to affordable housing.
. Affordable Housing definitions
. . Permit Processing
. Impact Fee requirements
. Inftastnacture Capacity
. Residential Zoning Density
. Transfer of Development Rights
. On-Site Parking and Setback requirements
. Zero-Lot Line Development
. Sidewalk and Street Requirements
.
J 213/2003
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. Regulatory Review Processes
. Inventory of Lands Suitable for Affordable Housing Development
.
The City of Clearwater began receiving State of Florida - State Housing Initiatives
Partnership (SHIP) Program funding in 1992 when the Florida Legislature adopted the
Sadowski Act. The SHIP Program is a dedicated source of affordable housing funds that
are provided annually to the cities and counties within the state. In State Fiscal Year
2002-2003 the City received $1.12 million doUars in SHIP funding and in State FY2003-
2004 the City is estimated to received approximately $836,528 in funding.
One of the driving forces behind the passage of the Sadowski Act was the Florida
Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP
jurisdictions each year must expend seventy-five percent (75%) of their funds (entitlement
and recaptured funds) on activities that involve construction and/or rehabilitation of
homes, and in addition, sixty-five percent (65%) of the funds (entitlement and recaptured
funds) must result in homeownership.
A major requirement of the SHIP Program and as a condition of receiving continued
funding, was that each jurisdiction had to adopt affordable housing incentives that would
assist in the implementation of their affordable housing activities. Each SHIP entitlement
community was required to adopt an Affordable Housing Incentive Plan (AmP), which
contain~ at a minimum two statutory required incentives: J. Assurance that permits as
defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are .
expedited to a greater degree than other projects; 2. An ongoing process for review of
local policies, ordinances, regulations, and plan provisions that increase the cost of
housing prior to their adoption (420.9071(16) F.S.}.
Several years ago the State required local jurisdictions to combine their AlDP into their
SHIP Local Housing Assistance Plan (LHAP). Jurisdictions adopt their LHAPs for a one
to three year period. The City of Clearwater performed this task with the development
and adoption of our Fiscal Year 2000-2003 LHAP.
As we continue to address the affordable housing needs of our residents, we must also
make certain that we continue to meet the statutory requirements of the SHIP Program.
In future years, as part of the monitoring process conducted by the State of Florida, the
monitors will be evaluating how local jurisdictions are implementing their affordable
housing incentives in order to assure that they are meeting their statutory obligations.
These evaluations will review the process and policies that all affordable housing projects
go through from start to finish. This process is not totally exclusive to affordable housing
projects using SHIP dollars, but any affordable housing project taking place in the City,
regardless of the funding source(s).
Below is a section from the City's recently adopted "Expedited Processing and Ongoing
Review" Policy.
.
J 2/3/2003
30
.
Expedited Processine:
Building Department
All affordable housing projects as defined in Chapter 163.3164(7) and (8) F.S., that are
located within the City limits, will be required to submit a letter with their application for
building pennit requesting that their application receive "Expedited Processing". A copy
of this letter must be sent to the City's Building Official and to the Assistant Director of
Housing. These projects are to be expedited to a greater degree than other (non-
affordable) projects.
Once an applicant receives approval of their affordable housing project the Assistant
Director of Housing shall be notified (via email) so that he can document the timing of the
application process.
Planing Department
.
The Planning Department will follow the City of Clearwater - Community Development
Code when processing all affordable housing applications for activities that require such
things as rezoning, land-use amendments, variances, development orders, etc. Under the
Code all projects are reviewed and may be scheduled for the next meeting of the
Development Review Committee (ORC - staff level review) and if needed, the
Community Development Board (COB). Many applications can be decided at the staff
level and may not need to go the DRC and/or COB. When affordable housing projects
and/or applications are submitted that can be decided at the Staff leve~ they shall receive
priority and be reviewed before any non-affordable housing projects and/or applications.
Applicants must indicated that their project will be an "Affordable" housing development
and/or project.
ODlEoiDIE Process for Review
The Planning Department, and other affect City Departments, as part of their review of all
proposed local policies, ordinances, regulations, plan provisions and code revisions, will
forward comments to the Economic Development and Housing Department to prepare an
economic impact analysis to determine, if any, the increase to the cost of housing prior to
adoption. This analysis does not have to be anything sophisticated, but just show the
anticipated increase in cost to an average home, or state that there will be "no impact" to
the cost of housing. A copy of the economic analyses shall be provided to the Assistant
Director of the Economic Development and Housing Department - Housing Division.
The City of Clearwater holds public hearings and meetings to obtain citizen views and
responds to citizen proposals and questions about proposed activities and program
perfonnance. Citizens and other partners emphasize the need for a broad range of opinion
in the establishment of goals, objectives, projects and priorities and in the application,
. monitoring and evaluation of funded programs.
J 2/312003
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Due to the relatively low numbers of new construction at the "affordable" level, and the .
fact that each development needs different types of incentives, projects are handled on a
case-by-case basis.
Typically, the City's Economic Development and/or Housing Division meets with a
prospective affordable housing developer(s) to determine the level of assistance and needs
of the project. Staff then assists the developer through the Building, Planning and
Engineering Departments for plan review and the other various applications needed for
approval. This allows the Housing and/or Economic Development Division to
troubleshoot and provide explanations immediately. Because project needs are established
up front, assistance can be provided seam1essly.
Florida Statutes 163.3164(7) & (8): Community Development Code Section 8-102
(7) "Development order" means any order granting, denying, or granting with
conditions an application for a development permit.
(8) "Development permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official action
of local government having the effect of permitting the development of /and
Florida Statutes - Chapter 420.9071(16)
(16) "Local housing incentive strategies" means local regulatory reform or incentive .
programs to encourage or facilitate affordable housing production, which include at a
minimum, assurance that permits as defined in s. 163.3164(7) and (8) for affordable
housing projects are expedited to a greater degree than other projects; an ongoing process
for review of local policies, ordinances, regulations, and plan provisions that increase the
cost of housing prior to their adoption; and a schedule for implementing the incentive
strategies. Local housing incentive strategies may also include other regulatory reforms,
such as those enumerated in s.420.9076 and adopted by the local governing body.
Comorehensive Plan Analvsis
The City will use the Housing Element of the Comprehensive Plan to monitor and measure
the program's effectiveness in reaching the goals and objectives of the program. Fostering
and maintaining affordable housing is one of the City's primary goals. We will continue to
review construction standards to reduce costs without sacrificing the quality of housing
units.
The Economic Development and Housing Department also expects to meet with the
Planning Department in early 2004 to review and update the Housing Element where
applicable.
.
J 2/3/2003
32
.
Lead Based Paint
Lead based paint continues to be a serious problem throughout cities across America. It is
usually prevalent in homes built prior to 1978. Clearwater's housing stock is relatively
new with the average home being built after 1970. However, the City still maintains that
lead based paint is a serious issue and conducts housing inspections to determine if there
are defective paint surfaces. If lead conditions are present, the lead paint is either removed
or covered in a manner described by HUD. No lead based paint conditions were found
during this reporting period.
The City will continue its effort to rid structures of lead based paint and will inspect any
homes built prior to 1978 for any presence of lead-based paid. We will continue to test
and remove all lead based paint surfaces in structure rehabilitation under our programs
that are using federal funds. Clearwater will use the services of the Pinellas County
Environmental Department to test all structures with defective paint surfaces and the local
Health Department to test children for elevated blood levels. The North Greenwood
Community Health Center continues to participate with the City by providing a meeting
area for neighborhood based education programs, disseminating information on the
hazards of Lead Based Paint, and provide blood screening.
Program activities will include the following:
.
· Collaboration between public-private agencies involving housing, health, and
community-based organizations to facilitate a Healthy Home Team to go door to
door in the targeted Brownfields area to identifY children and homes at risk.
· Assurances that children identified at risk receive blood lead testing and the child
with elevated lead levels receives follow-up care.
. Promotion of a public awareness campaign through education to physicians and
the community and disbursement of educational' materials
· Assessment of homes at risk to identify lead hazard control services to eliminate
hazards identified in homes.
. Initiation of supportive lead hazard control services to eliminate hazards identified
in homes.
. Evaluation of prevention activities to measure the impact and outcome of program
services and intervention efforts in the community.
Povem Leve4 Aues...ent
.
Reducing the number of residents who live below the poverty level is very important to
the City of Clearwater. The City realized that the most effective way to reduce the
J 2/3/2003
33
number of persons below the poverty level was to increase their income through providing .
employment opportunities.
The City will provide funding to support service organi7.ations that reduce impediments
for families allowing them to rise above the poverty level. Clearwater provides economic
development opportunities to non-profit and for profit businesses that agree to hire lower
income individuals. Through the coordination among programs including the
Environmental Protection Agency and State Brownsfield Redevelopment initiatives, the
federal Weed and Seed Program, Juvenile Welfare Board, Clearwater Stars, United Way,
the Eckerd Foundation, and the University of South Florida, Clearwater will continue
expand our efforts this year to reduce impediments.
Institutional Stnacture
To overcome gaps in institutional structures and enhance coordination, the City
implemented several practices that have been very successful. First, local lenders were
provided with information relative to the City's housing programs and offer a coordinated
effort for the lending institution to prosper. This relationship has continued to work very
well together we to provide home ownership and homebuyer opportunities for very-low to
moderate-income families. The City and its subrecipients pre-qualify clients to the lender's
and City's specification and provide financing in the fonn of down payment assistance.
Other actions undertaken by the City included developing institutional structures and .
enhanced coordination between public and private housing and social service agencies.
During this reporting period the City provided $25,000 to Partners In Self-Sufficiency to
administer their self-sufficiency program that provides housing and educational
opportunities to single parent low-income households. Under the program the local
housing authority provides Section 8 certificates or vouchers to program participants
while they are pursuing education and job training. At the end of the program,
participants should have saved enough money for a down payment on a home. The City's
Housing Division, and other approved housing providers, would further assist them with
obtaining housing opportunities. An additional $135,000 in CDBG funds was provided
Partners to acquire and renovate a new office for their program.
Public Uousinl! and Residential Initiatives
The City understands the benefits of improving public housing and residents' initiatives.
To improve the lives of families residing in public housing the City targeted the children to
break the cycle. The City will continue to work and strengthen our relationship with the
Clearwater Housing Authority to foster innovative public housing developments, potential
joint ventures and residential initiatives.
To help with resident initiatives, as mentioned previously, the City provided 525,000 for
operations to the Partners in Self Sufficiency Program. This program provides residents
on public assistance (Section 8) with housing, counseling and case management services .
J 2/3/2003
34
.
that encourage participants to become self-sufficient and purchase their own home. The
agency assisted 230 families during this reporting period.
The City also provided funding for other support organizations to administer services to
children in public housing. The City provided $10,102 to the Jasmine Court - Girls Inc.,
for operational support to a program that provides self-esteem and self-awareness
programs to girls who live in the housing complex. These programs provided support to
over 226 children in the Jasmine Court community.
Levers.doe Resources
The City's efforts to provide affordable housing and other services to very-low to
moderate-income families have resulted in leveraging a great amount of additional
resources.
Through the efforts in the City's SHIP Program, $7.1 million in private sector financing
was leveraged and a total of $13.8 million and was leveraged to $1.6 million expended in
SmP funds during State Fiscal Year 2002-2003.
The sale of the Fulton Apartment complex resulted in a 1 to 4 public private participation
ratio. The City provided Community Service Foundation (CSF) with a $200,000 loan and
CSF obtained private financing in the amount of$725,000.
. Through the Infill Housing and Down Payment Assistance Programs the City continues to
work closely with the lending and housing non-profits in the community to leverage
private investment in home ownership. (please see Homebuyers Section for
accomplishments.) In addition, Clearwater works with Community Service Foundation,
Partners in Self Sufficiency, Tampa Bay Community Development Corporation, and
Clearwater Neighborhood Housing Service, Inc. to provide homeownership counseling to
support our housing programs.
Citizen Comments
If any Citizen Comments are received they will be located in Appendix.
SELF EVALUATION
Our assessment of the previous year's activity shows that the City has made strides in
addressing many of the high priority projects. The areas listed as high priority include:
.
. Economic Development
. Funding and Implementation of Senior Centers
. Youth Centers
. Day Care Centers
. Health Facilities
J 2/3/2003
3S
. Parking Facilities
. Employment Training
. Fair Housing Counseling
. Tenant~Landlord Counseling
. CommerciaJ/Industrial Infrastructure
. Micro-Business Lending, and
. Code Enforcement
.
The City remains committed to the projects listed above and did amend our FY02-03
Action Plan to include some additional homeless and public facility type projects. It
obtained the resources listed above and solicited grants to obtain additional funding. The
programs listed above were consistent with the five year Consolidated Plan and the
Housing Element of the City's Comprehensive Plan.
Through the Public Service awards, the City funded twelve (12) organizations in
operational support. This funding provided to the organizations listed below a total of
$201,564. The individual awards to the public service organizations are as follows:
Clearwater Homeless Intervention Proiect. Inc. - received $47,205 in operational support
to operate an overnight homeless shelter for individuals. The shelter provided overnight
housing and case management services to 1,211 homeless individuals during this reporting
period.
.
Partners in Self Sufficiency ~ received the second highest allocation in the public sector
arena. They.received $25,000 to administer a family self sufficiency program for single
family households on public assistance to turn their lives around and become self
sufficient.
Pinellas Opportunity Council - was awarded $36,337 to provide chore services to the
elderly and physically impaired households. During this reporting period, 36
elderly/physically-impaired households were assisted.
Mustard Seed - Turning Point - was awarded $11,750 to operate an inebriate center for
homeless individuals who were intoxicated or abused drugs. The center assisted 3,522
individuals during this reporting period.
Personal Enrichment throuah Mental Health Services - was awarded $6,000 for salary and
support to operate a Family Emergency Treatment Center.
Pinellas County Social Services - Clearwater Stars - was awarded $15,981 to implement
the Clearwater Success Training and Retention Services Program
Gulf Coast Lejal Services - was awarded $4,000 for salary and support to provide legal
services to low to moderate income households to prevent foreclosure as a result of .
deceptive practices by a business or a lender.
/2/3/2003
36
.
.
.
Clearwater Community Based Development Corporation - was awarded $16,267 for
salary and operational support to administer computer-based technology programs.
Girls Inc. of Pinellas - was awarded $10,102 for salary and operational support to
administer a girls club in the Jasmine Court Public Housing Complex.
UNO Federation Community Services. Inc. - was awarded $14,922 for salary and
operation support to administer the Hispanic Outreach, Education and Infonnation
program. Basic services financial practices.
Clearwater Free Clinic, Inc. - was awarded $8,000 for funds will be provided to agency to
purchase medicines for low to moderate residents who can not afford medical care.
Neighborly Senior Services - was awarded $6,000 for salary and operational support to
administer the Jntergenerational program.
J 2/3/2003
37
In FY2002-2003 the City's Action Plan federal funds budget was as follows:
With the above funds the following activities were funded:
.
$ 1,027,000.00
$ 200,000.00
$ 542,630.00
$ 511,000,00
$ 732,540.00
$ 718,525.00
$ 3,731 695.00
$
$
$
$
$
$
$
$
$
$
S
Amount
20,000.00
25,238.00
12,571.30
153,750.00
303,030.98
599,500.00
719,599.00
745,790.00
525,326.77
247,844.64
3 352 650.69
.
Funds provided for rental housing in this year's action plan were allocated to Community
Service Foundation and Fulton Apartments. As previously mentioned, Fulton Apartments
is a 19-unit rental complex that was renovated. In this year's action plan, an additional
$60,000 in HOME funds was allocated for the project. In the prior year plan, $210,000 in
HOME Funds and 570,000 in non-federal funds were allocated to the project, bringing the
total funding of the project to approximately $900,000. The City allocated $50,000 to
Community Service Foundation for rental property acquisition and rehabilitation but they
have not been successful in identifYing a project at this time.
Funding for home ownership activities included using CDBG, HOME Program and SHIP
funds for owner-occupied rehabilitation, down payment assistance, new housing .
development, real property acquisition and disposition, and housing
J 2/312003
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.
counseling/educational programs.
Through the Economic Development Loan Program, administered by Clearwater
Neighborhood Housing Services, a total of $202,000 was allocated to provide job training
and placement services and direct loans to for non-profit and for profit businesses.
The impact on the community for building new homes in the neighborhood revitalization
strategy has been positive. As a result, there continues to be an increase of community
spirit and reinvestment and families with higher incomes continue to move back into the
neighborhoods.
Because 100% of the funds expended benefit very-low to moderate-income, families the
national objectives were met. The expenditure of these funds did not result in the
permanent displacement of families and/or businesses. Temporary relocation expenses
were provided to families who were required to be relocated during this renovations to
their homes.
CDBG NARRATIVE
Relationsbip of the use of ~DBG funds to the oriorities needs 20m and specific
obiectives.
.
The City utilized a strategy of diversification when selecting CDBG eligible activities.
Funds in the amount of $216,571 were allocated for administration, $599,500 for
economic development, $187,099 for housing activities (rehabilitation, down payment
assistance, acquisition, disposition, etc.), $525,326 for public facilities and improvements
and $247,844 for public services.
Details of how these funds addressed the individual objectives are listed in the Self-
Evaluation section of this report.
Nature and reasons for any cban2es in oroeram obiectives
There were no changes or amendment to program objectives.
Assessment of 2rantee efforts in carnine out the olanned actions
.
. All resources (CDBG, HOME and SIDP) listed in the Consolidated Plan were
obtained with the exception of the Homeless Emergency Project Thrift Shop and SRO
Project.
. The City supported the Homeless Emergency Housing group in an application for
federal funds.
. In addition to CDBG, HOME and SIDP funds, the City was successful in obtaining
private sector leveraging for new housing construction and financing home purchases.
J 21312003
39
Actions of funds used outside the national obiectives
All CDBG funds were used for activities that meet the national objectives.
.
Acquisition. rebabilitation and demolition narrative
Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in
the displacement of business, individuals or families as a result of projects funded with
CDBG or HOME dollars. All properties that were acquired with CnBG funds were
voluntary and mostly vacant parcels.
The City's subrecipients purchased all properties acquired during this reporting period.
They include Clearwater Neighborhood Housing Service, Inc., Tampa Bay Community
Development Corporation, Community Service Foundation, and Habitat for Humanity.
When subrecipients become interested in a property they want to acquire, the following
steps are required:
· The subrecipient infonns the property owner that they are interested in the
property .
· The subrecipient sends out HUD Guide Notice - Disclosures to Sellers with
VoluntaIy, Ann's Length Purchase Offer.
.
· The subrecipient infonns the owner that they do not have the power of eminent
domain and that the purchase would be a strictly voluntary transaction.
· If the owner is interested in selling the property, then an appraisal is obtained.
. The subrecipient then determines just compensation for the property.
· The subrecipient then offers just compensation to the owner.
. Should the owner agree to the offer, the subrecipient may purchase the property.
· If the offer is not acceptable to the owner, then both parties walk away from the
deal.
Temporary relocation benefits were provided to eligible homeowners while their homes
were being rehabilitated.. Temporary benefits include moving, storage, temporary rents,
and utilities.
A total of $3,275 was expended to demolish one vacant dilapidated building. The
demolition of this 'building resulted in the construction of a home for a low to moderate-
income family. The home was built without federal assistance. .
J 2/3/2003
40
. Economic DeveloDment Narrative
For Fiscal Year 2002-2003 the City provided $202,000 for economic development
activities. The funds were provided to Clearwater Neighborhood Housing Services
(CNHS) for loan funds to non-profit and for profit businesses to hire low to moderate
income individuals and/or provide an area benefit to a low to moderate- income
community
In this reporting period the agency provided eight (8) business loans for $202,000. Seven
(7) jobs have been made available to low to moderate-income individuals as a result of this
activity.
The city provided $85,000 to improve the business facades in the North Greenwood
Commercial District. No funds were expended due to the road construction project on
Martin Luther King Avenue. The City anticipates rolling out this program in the first
quarter ofFY2oo3-04.
The City also reprogrammed $285,000 from FY02-03 funds to be used for the Downtown
CRA Wayfinding and Streetscape project. These funds are in addition to the 5250,000
that was allocated in the FY03-04 Action Plan.
.
Limited Cliengle Narrative.
The City and its subrecipients maintain files that document all clients who qualifY for the
limited clientele designation.
Pro2nm Income Narrative
Please see HUD Financial Summary Report - Program Income Section
BthJ.bilitation Pl'ORI'am Narratiye
Please see SelfEvaltiation Section of Report
Please see HUD Rehabilitation Report.
.
1213/2003
41 .
HOME NARRATIVE
.
HQME ProtmUD Distribution Analvsis
The City received an allocation of $511,000 in HOME Entitlement Funds for FY 02/03.
The majority of the funds were set aside for rental housing development. The budget for
this reporting period show that funds for the entitlement allocation were budgeted in the
. following manner:
Subrecipient Housing Pool $
Community Housing Development Organizations $
Homeless Emergency Project (Rental Housing) $
. Program Administration $
TOTAL S
175,000.00
76,650.00
208,250.00
51,100.00
511,000.00
In addition to the FY 02/03 HOME Program allocation, the City also reprogrammed prior
year unexpended balances to the following:
Acquisition and Down Payment Assistance $
Rental Rehabilitation $
Community Service Foundation (Rental Housing) $
Mt. Carmel Community Development Corp. $
TOTAL S
345,000.00
285,790.00
50,000.00
51,750.00
732,540.00 .
.
Funds set aside in the Subrecipient Housing Pool may be used for home ownership
rehabilitation, new single family housing construction, down payment and closing cost
assistance, acquisition of real. property and other related housing costs. Funds set aside
for the Community Housing Development Otpni7.tiOri is undetennined. The Homeless
Emergency Project used HOME funds to construct an eight-unit single room occupancy
apartment building. The building is approximately 7()8A complete. Funding for Community
Services Foundation was set aside to purchase and rehabilitate rental properties. The
. agency was. unable to locate and close on any rental projects with the budgeted funds
during this reporting period. As a result, the funds will be reprogrammed into next year's
budget.
The city owned a 20-unit rental housing complex known as Fulton Apartments. The
Clearwater Housing Authority managed the property until it was decided that it was time
. to renovated the comnmnity. In FY 2000-01, the City began the rehabilitation process by
relocating the existing tenants to other comparable housing units. The tenants were .
121JI200J
42
..
receiving Section 8 rental assistance. All tenant received additional benefits as allowed
through the Unifonn Relocation and Real Properties Acquisition Act, as amended. The
renovation costs for this project were funded primarily with HOME funds and with the
required match from the SHIP program.
.
The total cost of the renovations were in excess of $900,000 dollars. The a majority of
these funds were expended in the previous reporting period. At total of $267,491 in
HOME funds and $66,198 in SHIP funds were spent in this reporting period.
The apartment renovations are now complete. The complex has been sold to Community
Services Foundation for $925,000. As a result of this transaction, $718,525 has been
returned to the City as program income. It will be reprogrammed during this program
year for eligible activities. The City provided a $200,000 loan to the CSF for the balance
of the acquisition costs. As of this reporting the community currently has fifteen (15)
units occupied. The agency is presently selecting tenants for the remaining four units.
One original unit was converted to a laundry facility.
The table shown below list the activities in which the funds were expended on this year
with the $511,000 entitlement allocation, $718,525 in program income and $732,540
reprogrammed funds.
.
AdministrationlProgram Delivery Costs
New Construction - Single Family
New Construction - Rental (lIEP)
Acquisition & Development - (Mt. Carmel)
Rehabilitation Rental (Fulton Apts.)
Down Payment and Closing Costs Assistance
TOTAL
$
$
$
$
$
$
S
70,149.00
531,167.00
144,936.00
27,481.00
267,491.00
18,800.00
1,060,024.00
The $70,149 figure reflects the general administrative costs to implement the HOME
Program and program delivery costs to prepare and close loan and provide construction
management. The 527,481 expenditures for Mt. Cannel community Development
Corporation allow the agency to purchase real property to build an fourteen (14) unit
elderly rental housing complex. Homeless Emergency Projected expended $144,936 to
build an eight unit single room occupancy rental housing facility. Additionally, $268,613
in funds were expended on the Fulton Apartment Complex. The rental housing
development will resulted in the renovation of 19 affordable units. A total of fourteen
(14) units win be "SHIPIHOME" assisted units and twenty percent (200.10) of those units
sball be reselVed for households at or below 50% AMI. The balance of the 14. units will
be reserved for household at or below 60% AMI. The remaining four (4) units of the 19
units will be designated as "SHIP Assisted-Units" and be reserved for households at or
below 1200.10 AMI.
.
1213/2003
43
.
The remaining HOME allocation will be used for homebuyer opportunities and new .
construction. In this reporting period $18,800 was expended on providing down payment
and closing costs assistance to one low to moderate income family. Another $531,167
was provided to city and three housing providers (Clearwater Neighborhood Housing
Services, Inc., Tampa Bay Community Development Corporation, and Largo Area
Housing Development Corporation) to build eight new single family homes. An additional
$3,667 was provided to a consultant to assist in the home building efforts associated with
a small subdivision being planned in South Greenwood.
The City of Clearwater has three certified CHDOs to date. Cleanvater Neighborhood
Housing Services, a long time housing partner was fonnally adopted in October 1999.
They were awarded the FY1997 and 1998 CHDO allocation of $60,400 and $63,500,
respectively. In June of 2000, the Largo Area Development Corporation (LADC) was
approved as a CHDO. They were awarded the FY1999 CHDO allocation of 564,700 and
the FY2000 allocation of $67,500. Mt. Cannel Community Development Corporation
was certified as a CHDO in 2002 and was allocated the City's FY2001 CHOO allocation
of $71,000. The City has not awarded the FY2002 CIIDO allocation of$76,000 as of this
reporting.
Cleanvater Neighborhood Housing Services, Inc. expended $124,790 to build a new
single family home for a low to moderate-income family. Largo Area Housing
Development Organization also expended their allocation of $84,024 to build an
affordable housing unit. Mt. Cannel Community Development Corporation will use their .
allocation to develop elderly rental housing in the North Greenwood. Area. The city will
allow all three organizations to retain the ClIDO proceeds from each of these projects.
All three CHDO projects are located in the North and South Greenwood Neighborhood
Revitalization Strategy Areas.
H9ME Match ReDort
Please see attached Match Report in Appendix under HIDIS Reports".
Minority and Women's Business Enterprises Reoort - BUD Form-4107
Please see attached Minority and Women's Business Enterprise Report in Appendix under
"IDIS Reports".
HOME Iasoections and afl'innativelv marketine actioDs aDd outreach to miDoritv
and women owned businesses.
Two rental housing developments previously funded and subject to HOME monitoring
were inspected during this reporting period. Those housing developments included
Wellington Apartments and Lexington Apartments. Wellington Apartments provide
housing for all low to moderate-income families and Lexington Apartments provide
housing for the elderly.
.
J 2/3/2003
44
.
Construction on Lexington is not complete, however, the HOME assisted units were
completed. The city inspected both apartment complexes for program compliance. They
were listed as floating units and met most of the program requirements. It was noted in the
inspection that some of the Lexington units did not meet the accessibility standards for
people with physical disabilities. The apartment owners are working to address the
compliance issue. The city will follow up with another monitoring visit in November,
2002.
The monitoring visit to Wellington Apartment did not show any areas of non-compliance.
The Fulton Apartments funded in this reporting period was completed. This project will
include all of the affumative marketing actions and outreach to minority and women
owned businesses as required under the Section 3 requirements.
HOUSING OPPOR}1JNITIES f'QR PEOPLE WITH ~~ ~AJU" TIVE
The City of Clearwater did not receive any HOPW A funding during this reporting period
JMERGENCY SBEL'J'ER G~ NARRATIVE
The City of Clearwater did not receive any ESG funding during this reporting period.
.
PlJJIUC P~TICIPATIQN
The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage
public participation. The Board meets quarterly to discuss and make recommendations to
City Staff and the City Commission on housing related issues. The meetings are.
sometimes held in each low-income neighborhood. The City Clerk Office maintains
minutes from these meeting.
.
J 2/312003
4S
.
APPENDIX
CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE
AND EV ALUA TION REPORT (CAPER)
. City of Clearwater - Ethnicity Census Data
. City of Clearwater - Housing Element
. City of Clearwater - Section 3 - Affirmative Action Plan
Forms
. . City of Clearwater - Direct Benefit Information
. Citizens Comments
. IDIS Reports
.
.
CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Census Ethnicity Data
.
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CITY OF CLEARWATER
FY2002-2003
. CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Comprehensive Plan - Housing Element
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Housing Needs Summary
The following summarizes the Housing Element:
. The mix of housing types is fairly evenly divided between single-family and multi-family homes
with much of the growth attributed to multi-family housing. Mobile homes account for
approximately 8% of the total housing units in the City. City policies with regard to zoning and
development will need to continue to recognize this housing mix.
. The increase in the cost of new single-family homes has risen dramatically faster than the sale
price of existing single family homes. To maintain affordable housing, rehabilitation and
neighborhood preservation is to be preferred over demolition and redevelopment of existing
neighborhoods.
. While the median cost of housing was less than thirty percent (30%) of income across the board
for owner occupied households; the median cost was forty-five percent (45%) of income for
lower income renters. Accordingly, there continues to be a need for affordable housing for very
low, low, and moderate-income households.
. Although the number of housing units lacking complete plumbing, kitchen facilities or heating
equipment is relatively small and has been declining, it is incidental to rental housing. Continued
code enforcement to reduce these conditions further should be supported.
.
Clearwater's Community Development Code provides for group homes and group care facilities
and requires a minimum separation requirement of 1,000 feet between such uses. Certain types
of facilities, such as child or spouse abuse centers require increased confidentiality and require
additional coordination by the police department and the Department of Health and
Rehabilitative Services.
.
· The population of the City of Clearwater is expected to grow to 112,830 permanent residents by
the year 2010. To accommodate permanent and seasonal residents and maintain a healthy
vacancy rate, approximately 2,500 new housing units will be needed.
. Large, vacant parcels ofland are scarce in Clearwater. Because of this, inf111 development of
small vacant lots and under-utilized parcels will be necessary, and should be encouraged, to
provide for new households.
. Impact fees significantly affect the cost of new housing. Methods of balancing the objectives of
affordable housing and adequate infrastructure need to be explored.
. Clearwater will continue, as it has in the past, to promote and support fair housing practices.
.
Goals. Ob1ectives. and Policies
Housing
GOALS, OBJECTIVES, AND POLICIES
13. GOAL - AN AFFORDABLE V AR1ETY OF STANDARD HOUSING UNITS IN
DECENT AND SAFE NEIGHBORHOODS TO MEET THE NEEDS OF CURRENT
AND FUTURE RESIDENTS REGARDLESS OF RACE, NATIONALITY, AGE,
MARITAL STATUS, HANDICAP, OR RELIGION.
13.1 Objective for Adequate Housing - Assure an adequate supply of housing in
Clearwater by providing for additional new dweUing units in a variety of types,
. costs, and locations to meet the needs of the residents of the City of Clearwater.
Policies
13.1.1 Maintain sufficient residentially zoned acreage, of varying densities and
locations, to accommodate the existing and future housing needs of the City of
Clearwater.
13.1.2 ResidentiallnfiU Projects, as defined in the Community Development Code,
shaD be utilized in order to accommodate innovative project designs, which
provide for a mix of dwelling types at varying costs.
13.1.3 Through application of the Concurrency Management Section of the
Community Development Code, the City of Clearwater shall assure sufficient
utility capacity to accommodate an adequate supply of housing.
13.1.4 The City shall encourage the involvement of private sector financial institutions
in recognizing and meeting the community's housing needs.
13.1.S City of Clearwater shall continue to provide information, incentives, and
technical assistance to the private sector in order to achieve housing production
that meets the needs of very low, low, moderate, and middle income
households.
13.1.6 . The City shall further fair housing goals so that a variety of housing
choices are available to households without regard to religion, handicap,
age, or race, nation origin, or marital status.
13.1 Objective for Affordable HousIng - The City of Clearwater shall continue to
provide assistance and Incentives for the development of housing that Is affordable
to Very Low, Low, and Modente Intome households, including those with special
needs, consistent with the level of growth In these Income categories.
Policies
13.2.1 Continue to utilize Community Development Block Grant funds for the
construction and/or rehabilitation of housing units which will be affordable to
very low and low-income, households consistent with Federal income
guidelines.
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Goals. Obiectives. and Policies
Housing
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13.2.2 Continue to use Federal programs to provide rental subsidy assistance to very
low, low, and some moderate-income households.
13.2.3 Continue to review new construction techniques, materials, building codes, and
housing codes in order to determine where housing costs can be reduced
without sacrificing the quality of housing for very low and low income
households.
13.2.4 The City shall continue to utilize the Challenge 2000 Program to assist very-
low, low, and moderate-income households in obtaining mortgage financing.
13.2.S The City shall continue to support the addition of rental housing as needed to
meet the needs of very-low, low, and moderate-income households.
13.3 Objective for Housing Conditions - The City of Clearwater shall encourage the
elimination of substandard housing units through demolition, upgrades,
renovadon and preservation efforts.
Policies
13.3.1 Define "substandard" housing units as those which do not provide safe and
adequate shelter and require major renovation to bring them up to the
Clearwater Minimum Housing Code or are lacking one or more essential
plumbing facilities, i.e., hot and cold piped water, private toilet, and private
shower or bath for the exclusive use of the unit
.
13.3.2 Define "suitable for rehabilitation" as those housing units in deteriomting
condition due to inadequate maintenance or accidental damage which requires
repair equal to or less than seventy-five percent (75%) of its value subsequent to
renovation or having as the primary deficiency, the lack of one or more
essential plumbing facilities. Units must be located in available neighborhood
either having adequate community facilities or with necessary capital
improvements in the current C.I.P. program.
13.3.3 The Neighborhood Services Department shall continue to monitor and evaluate
factors which contribute to neighborhood stability and adopt strategies for
neighborhood preservation.
13.3.4 Program capital improvements in concert with the neighborhood preservation
strategies to encourage neighborhood stability.
13.3.5 Encourage ongoing maintenance through programs that foster pridc in
ownership and individual cfforts.
13.3.6 Provide incentives for voluntary, private rehabilitation of owner occupied and
rental housing units.
13.3.7 Continue to utilize the Unsafc StructlJres Program as a means of rehabilitating
and/or demolishing unsafe stnlctures within thc City ofClcarwater.
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Goals. Obiectives. and Policies
Housing
13.3.8 Continue to review and update housing related codes to allow optimum use of
labor and materials.
13.3.9 Continue to contribute to the support of Clearwater Neighborhood Housing
Services, Tampa Bay Community Development Corporation and other
organizations promoting neighborhood revitalization and stability.
13.4 Objective for Adequate Sites for Very Low, Low and Moderate Income
Households Continue to provide zoning and land use regulations which allow for
the development and redevelopment of affordable housing in stable
neighborhoods.
Policies
t 3.4. t All assisted housing shall meet the requirements of the Community
Development Code, including landscaping, and shall be consistent with the
character of the surrounding neighborhood.
13.4.2 Assisted housing should be located in close proximity to employment centers,
mass transit services, parks, and commercial centers.
13.4.3 Buildings and grounds at assisted housing locations should be maintained so as
to preserve a desirable living enVironment.
13.4.4 Maintain residential zoning districts in a variety of densities and locations in
order to accommodate more affordable small lots, small and medium size
apartments, and mobile homes.
13.4.5 Continue to utilize zoning to minimize and mitigate commercial encroachment
in residential areas.
13.4.6 Mobile homes shall be maintained as an affordable housing option for existing
and future residents. The City of Clearwater shaD continue to utilize the Mobile
Home Park zoning classification for defining existing and proposed mobile
home sites.
13.5 Objective for Group Homes and Foster Care FadUties and special needs.housing -
Continue to provide zoning and land use regulations which allow the establishment
of group homes, foster care facUlties and special needs_housing subject to
minimum State requirements.
Policies
13.5.1 Establish population based standards for group homes and foster care facilities
in concert with knoWledgeable State and community human services
organizations.
13.5.2 Encourage and assist human services agencies and other community groups in
developing spccialliving facilities at a level appropriate to Clearwater's
population and needs.
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Goals. Obiectives. and Policies
Housing
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13.5.3 Periodically review and adjust the separation requirement for group homes_as
found in the Community Development Code so that the requirement continues
to function to provide broad dispersion without inhibiting these facilities by
saturation of available areas. The separation requirements will not be more
restrictive than the minimum requirements of the State of Florida.
13.5.4 Provide zoning, inspection, and other appropriate local government technical
assistance to the Clearwater Housing Authority and other agencies involved in
the provision of housing.
13.5.S The City of Clearwater shall continue to permit licensed group homes in all
residential districts provided the use meets the minimum separation requirement
of the State of Florida and development standards found in the Community
Development Code.
13.5.6 The City shall coordinate with the Department of Children and Families and the
Clearwater Police Department in the placement of child and spousal abuse
facilities in order to ensure the requisite confidentiality.
13.6 Objective for Housing Conservation and RebablUtation - Through both private
and pubUc resources, the City of Clearwater shaU encourage the conservation,
rehablUtation, and preservation of the existing housing stock, Including historically
significant housing.
Policies
.
13.6.1 The Community Response Team shall continue to utilize a collaborative code
enforcement process for housing in the North and South Greenwood
neighborhoods in order to provide residents with information regarding
rehabilitation assistance programs and the additional time needed to bring
housing structures in this area into compliance.
13.6.2 Use Community Development Block Grant, HOME, and SHIP funds for
programs and improvements throughout the City with special emphasis on
North Greenwood, South Greenwood and East Clearwater neighborhoods and
such other neighborhoods as may require programming attention.
13.6.3 Involve private lending institutions in the development of programs which
encourage a greater degree of flexibility in lending policies with respect to
improving older neighborhoods.
13.6.4 Encourage private lending institutions, through their participation in program
and project planning, to be more responsive to the home income needs ofveryslow, low. and modetate-income households.
13.6.4 Involve private lending institutions in the planning and development of
programs designed to help with small business economic development loan
needs in very low, low and moderate-income neighborhoods.
.
13.6.S Improve community services and facilities to an acceptable standard in
redevelopment areas.
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Goals. Objectives. and Policies
Housing
13.6.6 Use rehabilitation of public housing units as well as the provision of new
housing to increase the housing stock for low and moderate income households.
13.6.7 The City of Clearwater shall continue to protect and preserve historically
significant housing and neighborhoods through the implementation of Historic
Preservation Section (Division 10) of the Community Development Code.
13.7 Objective for Relocation Housing - Where public projecu of the City require the
relocation of individuals and/or families, relocation assistance shall be provided
whp.re it Is necessary for safe and adequate shelter.
Policies
13.7.1 The City shall provide temporary relocation assistance to enable rehabilitation
of substandard housing.
13.7.2 The City shall provide relocation assistance and counseling, as needed, to effect
the clearance of dangerously deteriorated houses.
13.7.3 The City shall regularly monitor grant opportunities and provide coordinating
services to assist in maximizing intergovernmental revenues and assistance
targeted to housing and neighborhood improvements.
.
13.7.4 The City shall determine that adequate mobile home sites or other suitable sites .
exist for the relocation of mobile home owners prior to actions, including the
approval of a rezoning, which result in removal or relocation of mobile home
owners.
13.8 Objective for Housing Implementation Programs Clearwater Neighborhood and
Aft'ordable Housing Advisory Board, wblch indudes representatives from agencies
directly Involved In housing Islues wUlserve u a standing committee on housing
and wUl Ulut In facUitating planning effortJ and provide coordinated housing
programs on a local level.
Policies
13.8.1 Utilize applicable Federal and State programs to provide local housing.
13.8.2 Participate with the Tampa Bay Regional Planning Council in the preparation
of housing plans and programs.
13.8.3 Participate with Pincllas County in providing short-tenn emergency housing for
the homeless and transitional housing for qualifying households with special
needs.
13.8.4 Promote equal opportunity for all persons, regardless of race, sex, age, or
marital status in obtaining adequate housing and eliminate discrimination in
housing.
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Goals. Obiectives. and Policies
Housing
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13.8.5 The City of Clearwater shaD continue to implement all existing and future
housing programs without regard to race, national origin, handicap, age, or
familial status.
13.8.6 The City of Clearwater shall continue to investigate complaints concerning the
lending policies oflocallending institutions to assure non-discriminatory
lending practices and guard against redlining.
13.8.7 The City shaD continue to work with the Local Housing Authority in providing
a public housing stock that is consistent with the existing and future needs of
the residents of the City of Clearwater.
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CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Section 3 - Affirmative Action Plan Forms
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CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SECTION 3 AFFIRMATIVE ACTION PLAN
(Prime Contractor)
[For Prime Contracts that exceed $100,000]
, Contractor, agrees to implement the following specific affirmative
action steps directed at increasing the utilization of Section 3 Residents' and Section 3 Business Concerns
within the Town/City/County of
A. To ascertain from the locality's CDBG Program official the exact boundaries of the Section 3 Covered
Project Area and where advantageous, seek the assistance of local officials in preparing and
implementing the affinnative action plan.
B. To attempt to recruit from within the Town/City/County the necessary individuals to fill employment
opportunities generated by Section 3 covered assistance through: local advertising media, signs placed
at the proposed site for the project, and community organizations and public or private institutions
operating within or serving the project area such as Service Employment and Redevelopment (SER),
Opportunities Industrialization Center (OIG), Urban League, Concentrated Employment Program,
Hometown Plan, or the U.S. Employment Service and providing preference for these opportunities in the
fOllowing order:
(i) Section 3 Residents residing in the service area or neighborhood in which the Section 3
covered project is located;
(Ii) Participants in HLJD Youthbuild Programs, and
(iii) Other Section 3 Residents.
C. To maintain a list of all lower income area residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and a vacancy exists.
D. To Insert this Section 3 Affinnative Action Plan in all bid documents for contracts over $100,000, and to
require all bidders on subcontracts over $100,000 to submit a Section 3 Affinnative Action Plan,
including utilization goals and the specific steps planned to accomplish these goals.
E. To Insure that subcontracts over $100,000 which are typically let on a negotiated rather than bid basis In
areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible,
when let in a Section 3 covered project area.
F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this
program.
G. To notify Section 3 residents and Section 3 business concerns about economic opportunities generated
by Section 3 covered assistance and to award Section 3 covered contracts, to the greatest extent
feasible, to Section 3 business concems in the following order of preference:
(i) Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
(ii) Applicants selected to carry out HUD Youth build projects;
(iii) Other Section 3 business concems.
H. To notify potential contractors about Section 3 requirements of this part, and incorporating the Section
clause in all solicitations and contracts.
I. To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3
business concerns undertaking activities to reach the numerical goal established by HLJD.
J. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements 0
Section 3.
K To submit reports to DECD and HUD on the results of actions taken to provide training, jobs and
contracts to Section 3 residents and Section 3 business concerns.
L. To appoint an executive official of the company or agency as Equal Employment Opportunity Officer to
coordinate the implementation of this Section 3 Affirmative Action Plan.
M. To document utilization of Section 3 Employees on the covered project by having new employees,
(including those of all subcontractors) from the Section 3 Area, complete the Section 3 Income
Worksheet as provided by DECD
N. To complete a Section 3 Utilization Report and submit said report to DECD, HUD, or their designee
prior to final payment for the covered project; This report will list all Section 3 Employees documented
on the Section 3 Income Worksheets and be in the format provided by DECD.
O. To maintain records, including copies of correspondence, income verification memoranda, etc., which
document that all levels of the above affirmative action steps have been taken.
As officers and representative of:
(Name of Contractor)
On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and
become a party to the full implementation of this program.
Name and Title of the Authorized Representative (print or type)
Signature of Authorized Representative
Date
~.rwater
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CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SECTION 3 AFFIRMATIVE ACTION PLAN
( Subcontractor)
[For Subcontracts that exceed $100,000]
, Subcontractor, agrees to implement the following specific
affirmative action steps directed at increasing the utilization of Section 3 Residents' and Section 3 Business
Concerns within the Town/City/County of
A. To ascertain from the locality's CDBG Program official the exact boundaries of the Section 3 Covered
Project Area and where advantageous, seek the assistance of local officials in preparing and
implementing the affirmative action plan.
B. To attempt to recruit from within the Town/City/County the necessary individuals to fill employment
opportunities generated by Section 3 covered assistance through: local advertising media, signs placed
at the proposed site for the project, and community organizations and public or private institutions
operating within or serving the project area such as Service Employment and Redevelopment (SER),
Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program,
Hometown Plan, or the U.S. Employment Service and providing preference for these opportunities in the
following order:
(i) Section 3 Residents residing in the service area or neighborhood In which the Section 3
covered project is located;
(II) Participants in HLJD Youth build Programs, and
(iii) Other Section 3 Residents.
c. To maintain a list of all lower income area residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and a vacancy exists.
D. To insert this Section 3 Affirmative Action Plan in all bid documents for contracts over $100,000, and to
require all bidders on subcontracts over $100,000 to submit a Section 3 Affinnatlve Action Plan,
including utilization goals and the specific steps planned to accomplish these goals.
E. To insure that subcontracts over $100,000 which are typically let on a negotiated rather than bid basis in
areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible,
when let in a Section 3 covered project area.
F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this
program.
G. To notify Section 3 residents and Section 3 business concerns about economic opportunities generated
by Section 3 covered assistance and to award Section 3 covered contracts, to the greatest extent
feasible, to Section 3 business concerns in the following order of preference:
(i) Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project Is located;
(ii) Applicants selected to carry out HUD Youth build projects;
(ili) Other Section 3 business concerns.
H. To notify potential contractors about Section 3 requirements of this part, and Incorporating the Section
clause in all solicitations and contracts.
I. To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3
business concerns undertaking activities to reach the numerical goal established by HLJD.
J. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements 0
Section 3.
K To submit reports to DECD and HUD on the results of actions taken to provide training, jobs and
contracts to Section 3 residents and Section 3 business concerns.
L. To appoint an executive official of the company or agency as Equal Employment Opportunity Officer to
coordinate the Implementation of this Section 3 Affirmative Action Plan.
M. To document utilization of Section 3 Employees on the covered project by obtaining income
information from new project area employees on the Section 3 Income Worksheet.
N. To provide all Section 3 Income Worksheets to the prime contractor for inclusion In the Section 3
Utilization Report prior to receipt of final payment of CDBG funds.
O. To maintain records, Including copies of correspondence, income verification memoranda, etc., which
document that all levels of the above affinnatlve action steps have been taken.
As officers and representative of:
(Name of Subcontractor)
On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and
become a party to the full implementation of this program.
Name and Title of the Authorized Representative (print or type)
Signature of Authorized Representative
Date
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CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Citizen Comments
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CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE
. AND EV ALUA TION REPORT (CAPER)
Direct Benefit Information
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CITY OF CLEARWATER
DIRECT BENEFIT INFORMATION
DOWNPAYMENT AND CLOSING COST ASSISTANCE LOANS - FY 2002-03
SPECIAL
NAME DATE ADDRESS INCOME RACE NEEDS
Kendra Blanks 12/3/2002 1357 Sprin~ale Street LI BLACK NO
Sharon Davis 12/17/2002 1200 Jadewood Ave LI BLACK NO
Sandra Lewin 4/17/2003 708 Nicholson Street VLI BLACK NO
Victor Licona 1/31/2003 1315 Michigan Avenue S VLI HISPANIC NO
Pauline Marzouca 10128/2002 2460 Northside Drive LI BLACK NO
Kimberly McGee 4/17/2003 1127 Harris Lane LI WHITE NO
Lorna Moore 11/22/2003 1016 Fairburn Ave LI BlACK NO
Steve Morgan 11/15/2002 1321 S. Madison avenue LI WHITE NO
Amy Myers 1/21/2003 1328 Boylan Ave LI WHITE NO
Marinko Niklc 1/14/2003 1303 South Hercules LI WHITE NO
Daniel Perri 10111/2002 1664 Rainbow Dr LI WHITE NO
Franci Soldo 11/27/2002 1771 Murray Ave LI WHITE NO
Tanyta Swank 11/26/2002 217 McMullen Booth LI WHITE NO
Kimberly Vassas 2/27/2003 1816 West Drive LI WHITE NO
Marlorie Vont 10125/2002 2460 Northside Drive '405 LI HISPANIC NO
Louis Zavala 4/4/2003 2048 Lama Linda Way LI WHITE NO
J. Forte 6/30/2003 914 Nicholson Ave LI WHITE NO
K. Tiko 4/1 5/2003 1144 Belleair Rd LI WHITE NO
L. Taborda 7/2/2003 1991 N. Madrid Court LI HISPANIC NO
S. Stevens 9/18/2003 18450verbrookAve LI WHITE NO
B. Robinette 4/30/2003 1308 Klngswood Ave LI WHITE NO
K. Patterson 5/15/2003 2006 SantiaRo Way LI WHITE NO
M. Palmer 6/4/2003 1325 Saturn Ave LI WHITE NO
C. PadRett 8/28/2003 1954 Los Lomas Dr VLI WHITE NO
S. Pacheo 6/4/2003 1799 N. HIRhland Ave VLI HISPANIC NO
T.Mlles 4/18/2003 1511 Nelson Avenue LI BLACK NO
G. LoJpur 3/7/2003 2635 Seville Blvd. '309 LI WHITE NO
C. Jones 5/7/2003 806 Petllaiylv....ia Avenue VLI BLACK NO
A. Dllllherti 3/28/2003 3040 Eastland Blvd. '203 LI WHITE NO
N. Kress 5130/2003 320 Bayshore Blvd. 1101 LI WHITE NO
B. Chintan 8/8/2003
L. DMrnlr 9/30/2003 1365 MM1in Luther kina Ave. LI BlACK NO
Ebine Alston 9/30/2003 1313 S. WMhingtOft Ave. LI BLACK NO
Eddie Blac:bhear 9/1912003 Martin Luther kin. Ave LI BLACK YES
Carlos Hernandez 6/11/2003 221 McMullen Booth Rd.,61 MI HISPANIC NO
Drazen Majeen 1013012002 2699 Seville Blvd '302 LI WHITE NO
BOLD: Properties that are located in the North 01' South Glftllwood Neishborhood Revitalization Stratl!llY Arus
VLI- Very Low Income; L1- Low Income; MI - Moderate Income
1 21':,12003
CITY OF CLEARWATER
DIRECT BENEFIT INFORMATION
REHABILITATION LOANS - FY 2002-03
SPECIAL
NMiE DATE ADDRESS INCOME RACE NEEDS
REHAB lOANS
Guy Hayes 9/16/2002 1411 Chandler Avenue MI BLACK NO
David Menge 11/18/2002 1535 Tilley Avenue LI WHITE NO
Magnolia Gree 12113/2002 806 Carlton Avenue LI BLACK NO
Betty Paige 12115/2002 1281 Nicholson Street VI BLACK ELDERLY
Beverly Patterson 12120/2002 1861 N. Hercules Avenue VLI WHITE YES
Jason Clark 1/7/2003 1478 Greenlea Drive MI WHITE NO
Diana Stefanyk 1/16/2003 2448 Witman Street VLI WHITE NO
Odell Blunt 2/20/2003 1020 Apache Trail VLI BLACK ELDERLY
Patricia Bell 1/16/1003 1646 Harbor Drive LI BLACK DISABLED
Williard lanes 4/16/1003 1161 Marshall Street LI BLACK ELDERLY
William Parldon 4/17/2003 1032 Grantwood Ave. VLI WHITE DISABLED
Jeffrey Bowers 4/2212003 1467 FRANKLIN STREET VLI WHITE NO
ClIrtos Hernandez 6/11/2003 1256 Palm Street MI HISPANIC NO
Helen Hargray 6/17/2003 1125 Grant Street VLI BLACK ELDERLY
CllIyton Nash 7/212003 906 E. Druid Rd C WHITE DISABLED
Evelyn Blunt 7/1512003 1305 TERRACE ROAD VLI BLACK NO
Leolll Cobb 7/17/2003 809 Garden Ave VLI BLACK NO
Mary Wilson 7/23/2003 1708 MLK Avenue VLI BLACK NO
Princess Palmer 7/23/2003 1332 Woodbine Street VLI BLACK ELDERL Y
Elsie Epps 7/25/2003 1710 MLK Avenue LI BLACK ELDERLY
Althea Davis 8/5/1003 907 ,urgens Street VLI BLACK ELDERLY
Lillawati Wagner 6/21/2003 2264 Nash Street LI WEST INDIES ELDERLY
Ophelia lones 9/17/2003 1405 Monroe Street VLI BLACK ELDERLY
Emma PoUet 11/26/2003 1003 Turnet Street VLI WHITE ELDERL V
Becky Garcia 12116/2002 2460 Nash Street VLI HISPANIC NO
REPI ACEMENT HOUSING
HaUie Grimsley 6/20/2003 909 Seminole Avenue VLI BLACK NO
Ojbi Chintlln 8/8/2003 1131 Harrll une VLI ASIANIISLANDER NO
Ilia Wilbum 9/19/2003 ..08 Vine Street LI BlACK NO
Leonel Dagmar 9/30/2003 1407 S. MLK Avenue LI HISPANIC NO
BOLD: Properties tlMl are located in the North or Soath Greenwood Neiahborhood RevitalizatiOll Strateay An.
VlI . Very Low Income; L1. Low Income; MI - Moderate Income
12/3/2003
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CITY OF CLEARWATER
FY2002-2003
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
IDIS Forms
(1'0 be Included with HUD Submitted Copy)
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,0:
FY2002.2003
Consolidated Annual Performance & Evaluation Report (CAPER)
Community Development Block Grant
And
HOME Investment Partnership Programs
Budget and Expenditure Summary
Remaining
Activity Budget Expenditures Balance
Demolition S 20,000.00 S 3,275.00 $ 16,725.00
Relocation S 25,238.00 S 60.00 $ 25,178.00
Program Administration. S 303,030.98 S 284,440.27 $ 18,590.71
Public Services S 247,844.64 S 214,987.53 $ 32,857.11
Public Facilities & Improvements S 525,326.77 S 471,236.34 $ 54,090.43
Homeownership/Rehabilitation(Housing Pool) S 719,599.00 S 209,189.86 $ 510,409.14
CDBG Economic Development S 599,500.00 S 435,379.50 $ 164,120.50
Community Housing Development Org. (CHDO) S 153,750.00 S 27,481.59 $ 126,268.41
Rental Housing Development - HOME S 745.790.00 S $ 745,790.00
Fair Housing - CDBG $ 12,571.30 $ 5,467.05 $ 7,104.25
TOTAL $ 3,352,650.69 $ 1,651,511.14 $ 1,101,133.55
. The Program Administration Equals 9.0% of the Total Budget. CDBG Allows 20% of Allocation for
Program Administration and 20% of Program Income. HOME Allows 10% of Allocation for Program
Admlnislration and 10% on Program Income.
.. The difference between "Budget" and "Expenditures" is made up of such things as: Carryover Funds for
Public Services. Public Facility projects being completed. the Homeless Emergency Project Transitional
Housing, N. Greenwood Fac;ade Improvement Program, Wayfindlng Project. and Housing Pool Funds (Single
& Multifamily).
12/4/2003
ITEM #
ID
Second Reading
ORDINANCE NO. 7232-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE ALLEN AVENUE RIGHT-OF-
WAY FROM THE SOUTHERLY EXTENSION OF THE
WEST PROPERTY LINE OF LOT 15, BLOCK 4, ACKERS
SUBDIVISION TO THE EASTERLY RIGHT-OF-WAY LINE
OF MCMULLEN BOOTH ROAD, SUBJECT TO A
DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF AND
VACATE THE THREE-FOOT DRAINAGE AND UTiLITY
EASEMENT LYING ADJACENT TO THE REAR PROPERTY
LINES OF LOTS 4 THROUGH 15, BLOCK 4, ACKERS
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Hupp and Allen M. McMullen, Jr., owners of real property
located in the City of Clearwater, have requested that the City vacate the right-of-way
depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
Portion of the 50-foot right-of-way otAllen Avenue from the southerly extension of
the west property line of Lot 15, Block 4, Ackers Subdivision, as recorded in Plat
Book 30, Page 91, Official Records of Pine lias County, Florida to the easterly right-
of-way line of McMullen Booth Road, subject to a drainage and utility easement
which is retained over the full width thereof and vacate the three-foot drainage and
utility easement lying adjacent to the rear property lines of Lots 4 through 15, Block
4, Ackers Subdivision
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No. 7232-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
December 4, 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
o
Ordinance No. 7232-03
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7232.03
21~A
Second Reading
\ \ .
ORDINANCE NO. 7235-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 7.02; REQUIRING THE
COMMISSION TO APPOINT A CHARTER REVIEW
ADVISORY COMMITTEE EVERY SIX YEARS; AMENDING
SECTION 8.04; ELIMINATING SPECIFIC REQUIREMENTS
FOR FEES, PETITION CARDS, AND DATES FOR
QUALIFYING AS A CANDIDATE; MAKING NON-
SUBSTANTIVE GRAMMATICAL, NUMBERING, AND
ORGANIZATIONAL AMENDMENTS TO THE CITY
CHARTER; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 7.02 of the City Charter be
amended as follows:
Section 7.02. Charter review advisory committee.
The commission shall appoint a charter review advisory committee in J::muary,
1994, and at least every six five years there3fter provided the appointments are made
in January of a year preceding a city election. The charter review advisory committee
shall be composed of not less than ten members. It shall review the existing charter and
make recommendations to the commission for revisions thereto.
Section 2. It is hereby proposed that Section 8.04 of the City Charter be
amended as follows:
Section 8.04. Nominations.
The names of candidates for commission shall be placed upon the ballot by the
filing of a written notice of candidacy with the city clerk at such time and in such manner
as may be prescribed by ordinance. The ordinance shall reqlJire the p3ymont of a
qualifying foe in tho 3mount of $50.00. The candidate shall submit petition cards from
not less than 250 city voters.
The qualifying foe ~md petition cards afe-to be received by the city clerk not more
than 60 days nor less than 46 days prior to the date of the election. The notice must-
designate the number of the seat for ..."hich the candidate is secking election. All
applications shall be accompanied by an affida~.'it that the candidate is a voter of the-Gty
and has been a resident of said city continuously for at least one year immediately prior
to the filing of the notice of candidacy. Where only one candidate qualifies for
nomination to a seat on the commission, then no general election shall be held with
respect to the seat and the candidate shall be declared elected to the seat.
Ordinance No. 7235-03
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. It is hereby proposed that the City Charter be amended as outlined in
Exhibit A attached hereto. Said amendments are grammatical, numbering, and
organizational changes to the charter, including changing the name of the Commission
to Council and the title of Commissioner to Council member.
Section 4. A referendum election is hereby called and will be held on March 9,
2004, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The questions to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 2004, shall be as follows:
APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE
Shall Section 7.02 of the City Charter be amended as provided in
Ordinance No. 7235-03 to require the appointment of a Charter Review
Advisory Committee every six years instead of every five years?
CANDIDATES FOR COMMISSION - QUALIFYING TIME. FEE AND PETITION
CARDS
Shall Section 8.04 of the City Charter be amended as provided in
Ordinance No. 7235-03 to eliminate specific requirements for fees,
petition cards, and dates for qualifying as a candidate for the City
Commission and provide that such matters will be addressed by
ordinance?
YES
NO
For amendment to City Charter
Against amendment to City Charter
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to Ordinance 7235-
03 entitled "Non-Substantive Changes" to simplify language, correct grammar,
eliminate certain transitional provisions which are no longer applicable; change
the appointment time for Vice-mayor; change the name of the Commission to
Council, change the title of Mayor-Commissioner to Mayor, and change the title
of Commissioner to Council Member?
YES
NO
For amendment to City Charter
Against amendment to City Charter
2
Ordinance No. 7235-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 4_ 2003
Section 5. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 2004.
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
KtL jl /1
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
3 Ordinance No. 7235-03
NON-SUBSTANTIVE CHANGES
Article I. Corporate Existence.!. and-Powers , and Boundaries.
Sec. 1.01. Corporate existence and powers.
Sec. 1.02. Corporate boundaries.
Article II. Legislative Power
Sec. 2.01. Council ; composition; powers.
Sec. 2.02. Qualifications.
Sec. 2.03. Election and terms.
Sec. 2.04. Compensation and expenses.
Sec. 2.05. Mayor commissioner, functions.!. and powers.
Sec. 2.06. Prohibitions.
Sec. 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
Sec. 2.08. Procedure.
Sec. 2.09. Ordinances and resolutions in general.
Sec. 2.10. Authentication, recording.!. and disposition of charter
amendments, ordinances.!. and resolutions.
Article III. Administration
Sec. 3.01. City manager.
Sec. 3.02. Appointment; removal; compensation.
Sec. 3.03. Powers and duties of the city manager.
Sec. 3.04. City clerk.
Sec. 3.05. Personnel system.
Article IV. City Attorney; Legal Department
Sec. 4.01. City attorney, legal department.
Sec. 4.02. City attorney, appointment, removal, and compensation,
qualifications and duties.
Sec. 4.03. Assistant city attorneys, i special counsel.
Sec. 4.04. Compensation.
Article V. Reserved
Article VI. Initiative, i Referendum; Recall
Sec. 6.01. Initiative.
Sec. 6.02. Referendum.
Sec. 6.03. Recall.
Sec. 6.04. Commencement of proceedings.
Sec. 6.05. Petitions.
Sec. 6.06. Procedure to filing.
Sec. 6.07. Referendum petitions; suspension of effect of ordinance.
Sec. 6.08. Action on petitions.
gxhibit A
Sec. 6.09. Results of election.
Article VII. General Provisions
Sec. 7.01. Charter amendment.
Sec. 7.02. Charter review advisory committee.
Article VIII. Nominations and Elections
Sec. 8.01. Qualified voters.
Sec. 8.02. Nonpartisan elections.
Sec. 8.03. Form of ballots.
Sec. 8.04. Nominations.
Sec. 8.05. Elections.
Sec. 8.06. Candidate vacancy.
Article IX. Fiscal Management Procedure
Article X. Transition Schedule
Sec. 10.01. Continuation of former charter provisions.
Sec. 10.02. Ordinances preserved.
Sec. 10.03. Rights of officers and employees.
Sec. 10.04. Pending matters.
Sec. 10.05. Schedule.
ARTICLE I.
CORPORATE EXISTENCE! Am) POWERS. AND BOUNDARIES
Section 1.01. Corporate existence and powers.
(a) General Powers. The City of Clearwater, Florida, (the "city"), as
created by Chapter 9710. Special Laws of Florida, 1923, as amended, shaU
exist~ and continue as a municipal corporation; with shall have all governmental,
corporate and proprietary powers to enable it to conduct municipal government,
perform municipal functions and render municipal services;..-t The city aM may
exercise any power for municipal purposes except when expressly prohibited by
law. In addition to the powers enumerated herein. the city shall be vested with all
powers granted by general or special acts of the Legislature of the State of
Florida or as aAEi otherWise provided by law.
(b) Exercise of Powers. The city may exercise aA'j-9f its powers and 9f
perform and finance any of its functions and may partioipate in the finaRGiAg
thereof. by contract or otherwise, jointly or in cooperatieA with anyone or more
states or political subdivisions or agencies thereof, or the United States or any
agency thereof, or with any person as defined by law.
(c) Construction. The powers of the city under this charter shall be
construed liberally in favor of the city. The city is empowered to do whatever is
necessary and proper for the safety; health, convenience and general welfare of
its inhabitants. The specific mention of a particular power in this charter shall not
be construed as limiting the general power stated in this 6 Section of Article I.
(6372-99. ~ 1. 1-21-99/3-9-99)
Section 1.02. Corporate boundaries.
The corporate boundaries of the city shall be as they exist 011 the date this
charter takes effect, provided that the city may st:lall have the poweF-te change its
boundaries in the manner prescribed by law.
ARTICLE II.
LEGISLA liVE POWER
Section 2.01. Council Commission; composition; powers.
(a) Composition. There shall be a city council commission, (the
"council" commission ). composed of five council members commisGioners.
including the mayor commissioner. The members will occupy seats numbered
one through five. inclusive. All members shall be elected at large by the voters of
the city.
(b) Powers. All legislative power of the city shall be vested in the
council commission. except as otherwise provided by law or the provisions of
this charter, and the council commission shall provide for the exercise thereof
and for the performance of all duties and obligations imposed upon the city by
law.
(c) Duties. It shall be the duty of the council commission to discharge
the obligations and responsibilities imposed upon the council commission by
state law. city ordinance and this charter. As a part of the discharge of its duty.
the council commission shall:
1. Each October,at a public meetinQ, present a report on the
evaluation of e'laluate the performance of the city manager and city
attorney. recognizing are3& of exceptional performance 3S well as
areas of in which performance can be impro~Jed. The evaluation
proce&s shall be determined by the commission. The re&ults of the
evaluation shall be reported to the citizens of the city.
2. Adopt by ordinance a comprehensive system of fiscal
management. The fiscal management ordinance shall include
provisions relating to the operating budget. capital budget and
capital program, and provide providing for hearings on the budget,
capital budget and capital program and the amendment of the
budget following adoption.
3. Provide for an annual or more frequent independent audit of all city
accounts by a firm of certified public accountants. No firm shall be
employed for more than five consecutive years. All audits shall be
in accordance with law.
4. Regulate comprehensive planning, zoning and land development
as provided by law.
(d) Limitations. The legislative power provided herein shall have the
following limitations:
(1) The total indebtedness, which for the purpose of this limitation shall
include revenue, refunding, and improvement bonds of the city,
shall not exceed 20 percent of the current assessed valuation of all
real property located in the city. The total budgeted expenditures in
any fiscal year shall not exceed the total estimated revenue plus
any unencumbered funds carried forward from a prior fiscal year.
(2) The city council commission shall by ordinance adopt procedures
for the purchase or rental of goods and services.
(3) Any non-budgeted expenditure in excess of $5 million must be
approved by the council commission at two separate meetings
held at least two weeks apart and advertised notice of a public
hearing must be given at least five days prior to the second
meeting. .
(4) With the exception of maintenance or emergency dredging, or
dredging relating to that portion of Dunedin Pass located within the
boundaries of the city, permits for dredging or filling in excess of 10,
000 cubic yards below the mean high water line may be authorized
only after a properly advertised public hearing before the council
commission .and approval at referendum.
(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five
years, or other transfer of any municipal real property, the
real property must be declared surplus and no longer
needed for municipal public use by the council commission
at an advertised public hearing. Except in the case of right-
of-way dedications, the granting of easements, or
transactions with governmental entities as described herein,
no real property may be given away or donated without prior
approval at referendum.
(ii) Except as otherwise provided herein, real property declared
surplus shall be sold to the party submitting the highest
competitive bid above the appraised value whose bid meets
the terms set by the council commission and whose
proposed use of the property is in accordance with the
council's commission's stated purpose for declaring the
property surplus, if any.
(iii) Surplus real property may be transferred to another
governmental entity for less than the appraised value after
an advertised public hearing has been held and a finding by
the council commission of a valid public purpose for the
transfer.
(iv) Surplus real property may be exchanged for other real
property having a comparable appraised value.
(v) No municipally owned real property identified as
recreation/open space on the city's comprehensive land use
plan map on November 16, 1989 (or as may be amended
thereafter), may be sold, donated, leased for a new use, or
otherwise transferred without prior approval at referendum,
except when the council commission determines it
appropriate to dedicate right-of-way from such property.
Such recreation/open space property may be leased for an
existing use, without referendum, unless such lease is
otherwise prohibited by charter or ordinance.
(vi) No right-of-way or easement which terminates at, or
provides access to, the water's edge of a body of fresh or
salt water may be vacated for private benefit. Nothing
contained in this section shall prevent an easement for utility
purposes from being exchanged for a new easement for
similar purposes or from converting a fee interest for utility
purposes into an easement for such purposes.
(vii) The council commission may lease municipal real property
for five years or less without declaring it surplus. Municipal
real property declared surplus may be leased for a term up
to 30 years, provided, however, nothing herein shall
preclude renewal of any lease for a maximum of 30 years.
Municipal property declared surplus may be leased for an
initial period of time or a renewal period exceeding 30 years,
if approved at referendum, but not to exceed 60 years total.
Leases of real property in an industrial park shall provide for
continual use for private/public business purposes, shall
provide a reasonable rate of return on the city's investment,
and shall include a rent escalation clause.
(viii) All leases of municipal real property shall contain recapture
and reverter clauses.
(ix) When purchasing real property for less than $250,000.00,
the council commission shall obtain an appraisal performed
by city staff or independent certified appraiser. If the
purchase price of such property equals or exceeds
$250,000.00 but is less than $500,000.00, the council
commission shall obtain at least one appraisal by an
independent certified appraiser. If the purchase price of such
property equals or exceeds $500,000.00, the council
commission shall obtain at least two appraisals by
independent certified appraisers.
(6) No municipal or other public real property lying west of Osceola
Avenue, east of Clearwater Harbor between Drew and Chestnut
Streets, being further described in Appendix A. as;.
That portion of city owned land bounded on the north by the right of way
ef-Qr-ew-8treet, oMRe east by the right of way of Osceola Avenue, on the
69YUHlf-the-Rght-Gf way of Pierce Street, and on the west by the waters of
GteafWatef-Hafbor-;-tying below the 28 mean sea level elevation, together
with-the-followiAg-d8scribed tract: Beginning at the northe:Jst corner of
seGtioA-16,town6hip 29 south, range 15 east, Pinellas County, Florida,
and rUA-U,enG9-Wesl-along the north line of said section, 1320.0 feet;
thence south-ai0ng4he west line of the east one half of the northeast one
quarter of..said-&eGtion 16, 1626. 16 feet to a n intersection with an easterly
projection -ef-the-oent8fliRe-&f Pierce Street; thence south 89045'00" '.\'
aJeRg-the-Genter4ine of Pierce Street, 418 feet to an iron stake set in 3
projection of-the we6t line of Osceola I\venue as extended across Pierce
~th 20 feet along this projection of the southwest corner
of the Inter68ctioo-of Pierce Street and Osceola /\venue; thence south
88018'42" W along the south line of Pierce Street, 375 feet to the point of
beginning; thence continue south 88018'42" W, 270.89 feet along said
south line of Pierce Street to the east right of way line of Pierce
Boulevard; thence south 19024'39" east along aforesaid east right of'l.'ay
along a curve to the right, chord 157.24 feet, arc 157.41 feat, radius 980
feet; thence north 88018'46" east, 120.42 feet; thence north 0014'32" west,
50 feet; thence north 88018142", 100 feet; thence north 0014'32" west,
99.80 f.eet to the point of beginning less :md except that portion of the
above described tract designated for the Bandshell Site,
and no municipal or other public real property constituting the
Memorial Causeway or lands immediately contiguous thereto, more
particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-
way, lying between the east abutment of the west bridge and the east line
of Clearwater Harbor, and the submerged portions of Board of Trustees of
the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and
public utilities together with associated appurtenances, except upon
a finding by the council commission at a duly advertised public
hearing that such development is necessary in the interest of the
public health, safety and welfare of the citizens of the city and
approval of such finding at referendum, conducted subsequent to
the public hearing. City-owned tennis courts and associated
appurtenances may be constructed and maintained on such
property south of Cleveland Street.
(7) No city owned real property in the area bounded on the north by
Drew Street, on the east by Osceola Avenue, on the south by
Pierce Street, and on the west by the waters of Clearwater Harbor,
shall be sold, donated, leased, or otherwise transferred or used for
other than city facilities except upon a finding by the council
commission at a duly advertised public hearing that such transfer or
use is necessary and in the interest of the public health, safety and
welfare of the citizens of the city and the approval of such finding at
referendum; except for that structure known as Harborview Center,
as described in Appendix B more particularly described as:
Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's
Corrected Map of Cause\-..ay Business District, according to the plat
thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records
of Pinellas County, Florida, for a POINT OF BEGINNING, s::lid point
being said 'Nesterly right of 'Nay line of Osceola Avenue; run
thence S 01026'17" E, along s::lid Westerly right of way line of
Osceola Avenue, 224.38 feet, to the Northerly right of way line of
Cleveland Street; thence N 89058'26" 'N, along said Northerly right
of 'Nay line of Cleveland Str-eet, 403.55 feet; thenco N 00000'15" '..^I,
along a line 'Nest of the existing Harborview Center Building,
217.30 feet; thence along a line Northerly of said Horborview
Center Building the following tv.~o courses, S 89058'26" E, 187.20
feet; thence N 88007'145" E, 310.85 feet to the POINT OF
BEGINNING.
Wwhich structure may be leased for and used in furtherance of any
municipal purpose consistent with the charter character and ordinances of
the city.
(Ord. No. 6373-99, SS 1, 2, 1-21-99/3-9-99)
Section 2.02. Qualifications.
Members of the council commission shall be qualified voters of the city
and shall have continuously resided in the city for at least one year prior to
submitting a petition for election. The council commission shall be the judge of
the election.!. aOO the other qualifications of its members and ef the grounds for
forfeiture of their office.
Section 2.03. Election and terms.
All council members commissioners, including the mayor commissioner,
shall be elected for terms of three years. Terms shall overlap, with two council
members commissioners elected one year, and the additional two council
members commissioners and the mayor commissioner elected the following
year.
No person who has, or but for resignation or forfeiture of office would
have, served as a council member commissioner for two consecutive full terms
shall serve as a council member commissioner other than mayor commissioner
for the succeeding three-year term. No person who has, but for resignation or
forfeiture of office would have, served as mayor oommissioner for two
consecutive full terms, shall serve as mayor commissioner or council member
commissioner for the succeeding three-year term. Term limits shall be effective
for each respective seat on the date of the next election for that seat after 1994.
Newly elected council members commissioners shall take office at the
next council commission meeting following certification of city election returns.
(Ord. No. 63-74-99, S 1. 1-21-99/3-9-99)
Section 2.04. Compensation and expenses.
The council commission may determine the annual salary of council
members commissioners and the mayor commissioner by ordinance. No
ordinance increasing such salary shall become effective until the date of
commencement of the terms of council members commissioners elected at the
next regular election, provided that such election follows occurrinQ at least six
months following the adoption of such ordinance by at least six months. Council
members Commissioners shall be reimbursed their actual and necessary
expenses incurred in the performance of their duties of office.
Section 2.05. Mayor-G9mmissiG~, functions and powers.
The mayor- commissioner shall preside at all meetings of the council
commission, perform such other duties consistent with the office as may be
imposed by the council ooffimfssieR and this charter, and shall have a voice and
a vote in the proceedings of the council GemmissioR, but no veto power. The
mayor- commissioner may execute t:lse-tRe-tltle of mayor in the execution of legal
instruments on behalf of the city or otherwise as required by law. This
authorization does not confer upon the mayor commissioner administrative
duties except as required to carry out the responsibilities stated in this charter.
The mayor-GGmmfssioner shall be recognized as the official head of the city by
the courts for the service of process, by the governor for purposes of military law,
and for all ceremonial purposes.
At the first second council eemmissiGR meeting each April, the council
commission shall elect one of its members as vice-mayor. The vice-mayor shall
act as mayor commissioneF during the temporary absence or inability of the
mayor commissioner to perform the duties of the office of the mayor.
Section 2.06. Prohibitions.
(a) Appointments and removals. Neither the council nor any of its
members shall in any manner dictate the appointment or removal of any city
administrative officer or employee whom the city manager, or any of the city
manager's subordinates, is empowered to appoint.
(b) Dealing through city manager. Except durinQ an investiQation faf
the purpose of inquiries and investig3tions, the council and its commission
members shall deal with city officers and employees who are subject to the
direction and supervision of the city manager solely through the city manager.
Neither the council commission nor its members shall give orders to any such
officer or employee, either publicly or privately. Recommendations for
improvement in city operations by individual council members commissioners
shall be made to and through the city manager.
Nothing in the foregoing paragraph prohibits individual members of the
council commission from as kino Questions about questioning and observing city
operations so as to obtain independent information to assist them in the
formulation of policy.
(c) Holding other office. No present or former council member
commissioner shall hold any compensated appointive city office or employment
until one year after the expiration of the term for which such council member
commissioner was elected.
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory
boards.
(a) Vacancies. The office of a council member commissioner shall
become vacant upon the death, resignation, removal from office in any lawful
manner, or forfeiture of the office, such forfeiture shall te be declared by the
remaining members of the council commission.
(b) Forfeiture of office. A council member commissioner shall forfeit
such office if such member:
1. lacks at any time during the term of such office any qualification for
the office prescribed by law, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend six consecutive regular meetings of the council
commission, unless such absence is excused by the council
commission, or
4. Fails to attend twenty-five percent of the regular meetings during a
12-month period whether excused or not.
(c) Filling of vacancies; vacancy in council member's commission seat.
1. A vacancy on the council commission shall should be filled by
majority vote of the remaining council members commissioners
within 30 days after the vacancy. The person so appointed shall
serve as a council member commissioner until the next regular or
special election. At such election, a council member commissioner
shall be elected to serve for the remainder of the unexpired term of
office.
2. If the council commission fails to fill such vacancy within 60 days
after it occurs, a special election shall be called to fill the unexpired
term.
3. Any person appointed to fill such a vacancy shall possess all the
qualifications required of a council commission member by law.
(d) Extraordinary vacancies. In the event that all council commissioo
members resign or are removed by death, disability, or forfeiture of office, the
governor shall appoint an interim council commission that shall call a special
election to be held within 90 days after the occurrence of the vacancies. Such
election shall be held in the same manner as the first election under this charter.
In the event vacancies cannot be filled as provided in section 2.07(c) because of
permanent vacancies which make it impossible to assemble a quorum, then in
such case the governor shall appoint that number of council commission
members necessary to constitute a quorum who shall hold office until the next
regular or special election.
(e) Boards. The council commission is empowered to appoint such
advisory boards as it deems appropriate and regulatory board(s) as may be
established by law.
(Ord. No. 6375-99, 9 1, 1-21-99/3-9-99)
Section 2.08. Procedure.
(a) Meetings. The council commission shall meet regularly at least
once each month at such times and places as the council commission may
prescribe by rule. Special meetings may be held on call of the mayor-
commissioner, the city manager, or any two council commission members and,
when practical, upon no less than 24 hours' notice to each member and the
public. All meetings shall be public, except as otherwise provided bv law. The city
manager and any council commission member shall have the power to cause
any item to be placed on the next agenda.
(b) Rules and minutes. The council commission shall determine its own
rules and order of business. The city clerk shall keep minutes of the council
commission proceedings.
(c) Voting. Voting on ordinances and resolutions shall be by roll call
and shall be recorded in the minutes. A majority of the council commission shall
constitute a quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the council commission.
Except as provided in section 2.07(c), section 3.02 and in the preceding
sentence, no action shall be valid or binding unless adopted by the affirmative
vote of the majority of all council commission members.
Section 2.09. Ordinances and resolutions in general.
(a) Definitions.
1. "Ordinance" means an official, legislative action of the council
commission, which action is a regulation of a general and
permanent nature and enforceable as a local law.
2. "Resolution" means an expression of the council semmissioA
concerning matters of administration, an expression of a temporary
character, or a provision for the disposition of a particular item of
the business of the council oommfssleR.
(b) Form. Each ordinance or resolution shall be introduced in writing
and shall embrace but one subject and matters properly connected therewith.
The subject shall be clearly stated in the title. No ordinance shall be revised or
amended by reference to its title only. Ordinances to revise or amend shall set
out in full the revised or amended action, section, subsection, or paragraph of a
section or subsection.
(c) Procedure. A proposed ordinance shall be read by title, or in full, on
at least two separate days, at either regular or special meetings of the council
semmi6sion, and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment
shall state the date, time, and place of the meeting, the title or titles of proposed
ordinances and the place or places within the city where such proposed
ordinances may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the
proposed ordinance.
(d) Effective date. Except as otherwise provided in this charter, every
adopted ordinance shall become effective ten days after adoption or as otherwise
specified therein.
(e) Emergency ordinances. An ordinance may be passed as an
emergency measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons constituting the
emergency and receives the vote of at least four council commissiGR members.
An emergency ordinance shall remain effective as an ordinance for a period of
90 days and shall automatically expire at the end of such gO-day period unless
during the time of such period the ordinance is submitted for adoption in the
manner provided for non- emergency ordinances. Such ordinances may not levy
taxes; grant, renew or extend a franchise; change election qualifications; set
service or user charges for any municipal services; authorize the borrowing of
money; enact or amend a land use plan; or rezone private real property.
Emergency ordinances shall become effective upon passing or at such
other date as shall be specified in the ordinance.
Section 2.10. Authentication, recording and disposition of charter
amendments, ordinances and resolutions.
(a) Authentication. The mayor commissioner and the city clerk shall
authenticate by their signatures all ordinances and resolutions adopted by the
council,:, and In addition, 'lIhen charter amendments have been approved at
referendum,.:. the mayor commissioner and the city clerk shall authenticate by
their signatures the charter amendment.
(b) Recording. The city clerk shall keep properly indexed records in
which shall be recorded, in full, all ordinances and resolutions passed by the
council commission. Ordinances shall periodically be codified. The city clerk shall
also maintain the city charter in current form and shall enter all charter
amendments. A copy of the charter and any amendments thereto shall be sent to
the secretary of state.
(c) Availability of Public Records. The council commission shall, by
ordinance, establish procedures for making all resolutions, ordinances, technical
codes adopted by reference, and this charter available to the people of the city
for public inspection and available for purchase at a reasonable price to cover the
cost of reproduction.
ARTICLE III.
ADMINISTRA liON
Section 3.01. City manager.
The city manager shall serve as the chief administrative officer and chief
executive officer of the city. The city manager shall be appointed on the basis of
administrative qualifications, experience, and training. The city manager need not
be a resident of the city or state at the time of appointment, but shall establish
and maintain residency within the city within one year after the appointment. The
city manager shall be responsible to the council for all city administrative affairs.
Section 3.02. Appointment; removal; compensation.
(a) Appointment. The council commi&&ieR shall appoint a city manager.
by an affirmative vote of four council commission members. The city manager
shall hold office at the pleasure of the council commission.
(b) Removal. The council commission may remove the city manager by
an affirmative vote of four council commission members or a majority of the
council commission members at two separate meetings held at least two weeks
apart. Upon request by the city manager, a public hearing will be held prior to a
vote to remove the city manager.
(c) Compensation. The compensation of the city manager shall be
fixed by a majority of all the council commission members.
(d) Acting city manager. By letter filed with the council commission, the city
manager shall designate one or more assistant city managers to exercise the
powers and perform the duties of city manager during the city manager's
temporary absence or disability. This designation shall be limited to a period of
60 days. At the expiration of this period, the council commissioR shall appoint an
interim or new city manager in accordance with the provisions of this charter.
Section 3.03. Powers and duties of the city manager.
The city manager shall:
(a) Appoint,l promote. af\€i suspend, demote, or remove any city
employees or appointive administrative officers under the city manager's
jurisdiction, except as may be otherwise provided by law. Such appointment,
promotion, suspension, demotion, or removal shall be in compliance with the civil
service law and other applicable rules and regulations.
(b) Establish or discontinue any ~ department, division or board in
the administrative affairs of the city, subject to council commission approval.
(c) Attend council commission meetings and have the right to take part
in discussion, but not to vote.
(d) See to the faithful execution executive of all laws, provisions of this
charter. and acts of the council commission subject to enforcement by the city
manager or officers subject to the city manager's supervision.
(e) Prepare and submit to the council commission in the form provided
by ordinance, the annual budget, a capital improvement budget, and a projected
capital improvement program for a minimum five-year period.
(f) Submit to the council commission at the first regular meeting in
September of each year and make available to the public a comprehensive
report on the financial condition and administrative activities of the city.
(g) Make such other reports as the council commission may require
concerning the operations of city departments, offices and agencies subject to
the city manager's supervision.
(h) Keep the council commission fully advised as to the financial
condition and future needs of the city and make recommendations to the council
commission concerning the affairs of the city.
(i) Sign contracts on behalf of the city pursuant to the provisions of
appropriations ordinances.
U) Develop and keep current an administrative code which sets forth
the organizational and operational procedures of the city government.
(k) Provide administrative assistance to the council commission in
connection with their official duties, and perform such other duties as are
specified in this charter or may be required by the council commission.
(I) Act as purchasing agent for the city.
(Ord. No. 6375-99, 92, 1-21-99/3-9-99)
Section 3.04 City clerk.
The city manager shall appoint a city clerk, which appointment must be
confirmed by the council commission prior to becoming effective. The city clerk or
the official representative desiQnee of the city clerk shall:
(a) Be custodian of all records and the official seal of the city;
(b) Attest all documents requiring attestation and agreements to which
the city is a party;
(c) Arrange for and supervise all city elections;
(d) Attend all meetings of the council commission and keep minutes of
its proceedings;
(e)
public;
Give notice of council commission meetings to its members and the
(f)
Perform such other duties as directed or required by law.
Section 3.05. Personnel system.
Appointments and promotions of city officials and employees, except
those specifically exempted by ordinance, shall be made solely on the basis of
merit and fitness demonstrated by examination or other evidence of competence
as provided by law.
ARTICLE IV.
CITY ATTORNEY; LEGAL DEPARTMENT.
*Code reference--Officers and employees generally, S 2.261 et seq.
Section 4.01. City attorney, legal department.
There shall be a legal department, headed by the city attorney, operating
under the authority of and responsible to the council oommission. The legal
department shall consist of the city attorney, assistant city attorneys, wAeR
appointed and authorized by the commission, and such other staff as the council
commission may authorize direct.
Section 4.02. City attorney, appointment, removal, compensation,
qualifications and duties.
(a) Appointment. The city attorney shall be appointed by the affirmative
vote of four council commission members and may be removed by a majority of
the members of the council commission members voting for removal. Upon
request by the city attorney a public hearing will be held prior to a vote to remove
the city attorney. The city attorney shall be a member in good standing of The
Florida Bar.
(b) Duties. The city attorney shall be the legal advisor to the council
commission, the city manager and all city departments, offices and agencies.
When required by the city council commission, the city attorney shall prosecute
or defend, on behalf of the city, all complaints, suits and controversies in which
the city is a party; and shall prepare or review and approve as to form and legal
sufficiency all contracts, bonds, and other instruments to which the city is a party.
The city attorney shall perform such other duties as may be directed by law or
the city council commission.
(c) Absence. By letter, filed with the council commissiaA, the city
attorney shall designate one or more assistant city attorneys to perform the
duties of city attorney during a temporary absence or disability. This designation
shall be limited to a period of 60 days. At the expiration of this time, the council
commission shall appoint an interim or new city attorney in accordance with the
provisions of this charter.
(Ord. No. 6375-99, S 3, 1-21-99/3-9-99)
Section 4.03 Assistant city attorneys, special counsel.
(a) Assistants. The city attorney shall appoint as many assistant city
attorneys as authorized by the city council commission.
(b) Special Counsel. The council commission may employ special
counsel, outside of the legal department, who shall conduct such investigations
and perform such services as the council commissiGR may direct and who shall
report directly to the council commission.
Section 4.04 Compensation.
The council commission shall determine the compensation to be paid to
the city attorney and special counsel. Compensation for the assistant city
attorneys shall be established by the city attorney and approved by the council
commission.
ARTICLE V.
RESERVED
ARTICLE VI.
INITIATIVE, REFERENDUM; RECALL
Section 6.01. Initiative.
The voters of the city shall have power to propose ordinances to the
council commission, and, if the council commission fails to adopt an ordinance so
proposed without any change in substance, to adopt or reject it at a city election,
provided that such powers shall not extend to the budget or capital program or
any ordinance relating to appropriation of money, levy of taxes, or salaries of city
officers or employees.
Section 6.02. Referendum.
The voters of the city shall have power to require a reconsideration by the
council commission of any adopted ordinance and, if the council commission fails
to repeal an ordinance so reconsidered, to approve or reject it at a city election,
provided that such power shall not extend to the budget or capital program, any
emergency ordinance, or ordinance relating to appropriation of money, levy of
taxes, or appointment or salaries of city officers or employees.
Section 6.03. Recall.
The voters of the city shall have the power to recall or remove from office
any elected official or officials of the city, for the reasons and in the manner set
forth in the General Laws of the State of Florida, and more p:uticularly section
100.361, Florid:) Statutes, including any amendments thereto.
Section 6.04. Commencement of proceedings.
Any five voters may commence initiative or referendum proceedings by
filing with the city clerk or other official designated by the council commission an
affidavit stating they will constitute the petitioners' committee and be responsible
for circulating the petition and filing it in proper form, stating their names and
addresses, specifying the address to which all notices to the committee are to be
sent, and setting out in full the proposed initiative ordinance or citing the
ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk or
other official designated by the council commission shall at the committee's
request issue the appropriate petition blanks to the petitioners' committee at the
committee's expense.
Section 6.05. Petitions.
(a) Number of signatures. Initiative or referendum petitions must be
signed by voters of the city equal in number to at least ten percent of the total
number of voters registered to vote in the last regular city election.
(b) Form and content. All papers of a petition shall be uniform in size and
style and shall be assembled as one instrument for filing. Each signature shall be
executed in ink or indelible pencil and shall be followed by the address of the
person signing. Petitions shall contain or have attached thereto throughout their
circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of the circulator. Each paper of a petition shall have attached
to it, when filed, an affidavit executed by the circulator thereof stating: That the
circulator personally circulated the paper; the number of signatures thereon; that
all the signatures were affixed in circulator's presence; that the circulator believes
them to be the genuine signatures of the persons whose names they purport to
be; and that each signer had an opportunity before signing to read the full text of
the ordinance proposed or sought to be reconsidered.
(d) Time for filing referendum petitions. Completed referendum petitions
must be filed within 90 days after the effective date of the ordinance sought to be
reconsidered.
Section 6.06. Procedure to filing.
(a) Certificate of city clerk; amendment. Within 20 days after the initiative
or referendum petition is filed, the city clerk or other official designated by the
council commission shall complete a certificate as to its sufficiency, specifying, if
it is insufficient, the particulars wherein it is insufficient and shall promptly send a
copy of the certificate to the petitioner's committee by registered mail. Grounds
for insufficiency are only those specified in section 6.05 hereof. A petition
certified insufficient for lack of the required number of valid signatures may be
amended once if the petitioners' committee files a notice of intention to amend
with the city clerk or other official designated by the council eemmissisR within
two working days after receiving the copy of the city clerk's certificate and files a
supplementary petition within ten days after receiving the copy of such certificate.
The supplementary petition shall comply with the requirements of subsections (b)
and (c) of section 6.05(b) and (c) hereof and within five days after it is filed the
city clerk or other official designated by the council commission shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a
copy of such certificate to the petitioner's committee by registered mail as in the
case of an original petition. If a petition or amended petition is certified
insufficient, or if a petition or amended petition is certified insufficient and the
petitioner's committee does not elect to amend or request council commission
review under subsection (b) of this section within the time required, the city clerk
or other official designated by the council commission shall promptly present the
certificate to the council commission and the certificate shall then be a final
determination as to the sufficiency of the petition.
(b) Council Commission review. If a petition has been certified insufficient
and the petitioner's committee does not file a notice of intention to amend it or if
an amended petition has been certified insufficient, the committee may, within
two working days after receiving the copy of such certificate, file a request that it
be reviewed by the council semmission. The council semmissioA shall within 30
days review and approve or disapprove it, and the council's commission's
determination shall then be a final determination as to the sufficiency of the
petition.
Section 6.07. Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official
designated by the council commissieA, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
(a) There is a final determination of insufficiency of the petition, or
(b) The petitioners' committee withdraws the petition, or
(c) The council commission repeals the ordinance, or
(d) Tabulation of the ballots cast by the voters of the city on the
ordinance has been certified and repeal of the ordinance has failed.
Section 6.08. Action on petitions.
(a) Action by council commission. When an initiative or referendum
petition has been determined sufficient, the council commission shall promptly
consider the proposed initiative ordinance in the manner provided in Article
article II or reconsider the referred ordinance by voting its repeal. If the council
commission fails to adopt a proposed initiative ordinance without any change in
substance within 60 days or fails to repeal the referred ordinance within 30 days
after the date the petition was finally determined sufficient, it shall submit the
proposed or referred ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed or referred
ordinance shall be held not less than 90 days and not later than 150 days from
the date that the petition was determined sufficient. If no regular city election is to
be held within the period prescribed in this subsection, the council commission
shall provide for a special election; otherwise, the vote shall be held at the same
time as such regular election, except that the council oommissioA may in its
discretion provide for a special election at an earlier date within the prescribed
period. Copies of the proposed or referred ordinance shall be made available at
the polls.
(c) Withdrawal of petitions. An initiative or referendum petition may be
withdrawn at any time prior to the 15th day preceding the day scheduled for a
vote of the city by filing with the city clerk or other official designated by the
council commis6ion a request for withdrawal signed by at least four members of
the petitioners' committee. Upon the filing of such request, the petition shall have
no further force or effect and all proceedings thereon shall be terminated.
Section 6.09. Results of election.
(a) Initiative. If a majority of the voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as an
ordinance of the same kind adopted by the council commission except that it may
not be repealed until after the next regular city election. If conflicting ordinances
are approved at the same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the voters voting on a referred
ordinance vote against the referred ordinance, it shall be considered repealed
upon certification of the election results and may not be reenacted in substance
until after the next regular city election.
(Ord. No. 6375-99, 94, 1-21-99/3-9-99)
ARTICLE VII.
GENERAL PROVISIONS
Section 7.01. Charter amendment.
(a) Initiation by ordinance. In addition to charter amendments
otherwise authorized by law, the council oommisstoo may, by ordinance, propose
amendments to any part or all of this charter, except Article article I, section 1.
02, prescribing boundaries, and upon passage of the initiating ordinance shall
place the proposed amendment to a vote at the next general election held within
the city or at a special election called for such purpose.
(b) Initiation by petition.
1. The voters of the city may propose amendments to this charter,
except Article afOOle I, section 1.02, prescribing boundaries, in the manner set
forth in Article aftiGte VI, section 6.05(a)--(c).
2. Upon certification of the sufficiency of the petition by the city
clerk, the council GeRlH-'HssieR shall place the proposed amendment to a vote of
the voters at the next general or special election held not less than 90 days nor
more than 150 days after certification.
Section 7.02. Charter review advi&eJy committee.
The council commissiaA shall appoint a charter review advisory committee
in January, 1994, and at least every five years thereafter and provided the
appointments shall be afe made in January of a year preceding a city election.
The charter review advisoFY committee shall be composed of not less than ten
members. It shall review the existing charter and make recommendations to the
commission for revisions thereto.
ARTICLE VIII.
NOMINATIONS AND ELECTIONS
Section 8.01. Qualified voters.
Any person who is a resident of the city who has qualified as a voter of
Florida, and Pinellas County, and who registers in the procedural manner
prescribed by law, shall be a qualified voter of the city.
Section 8.02. Nonpartisan elections.
All nominations and elections for council commission shall be conducted
on a nonpartisan basis without regard for or designation of political party
affiliation of any nominee on any nomination petitionJ. ef ballotJ. or political
advertisement under the control of the candidate.
(Ord. No. 6375-99,95,1-21-99/3-9-99)
Section 8.03. Form of ballots.
The council commission shall by ordinance prescribe the form of the ballot
and the method of conducting all elections of the city.
(a) Council commission ballots. Candidates for seats on the council
commisskm shall be grouped according to the seat number for which they are
candidates. Within each group, names shall be placed on the ballot
alphabetically. No candidate may seek election to more than one seat in any
election.
(b) Charter amendment. A charter amendment to be voted on by the
voters of the city shall be presented for voting by ballot title. The ballot title of a
measure may differ from its legal title and shall be a clear, concise statement
describing the substance of the measure without argument or prejudice. Below
the ballot title shall appear the following question: "Shall the above described
(ordinance) (amendment) be adopted?" Immediately below such question shall
appear, in the following order, the word "yes" and also the word "no" with a
location thereafter to indicate the voter's choice.
Section 8.04. Nominations.
The names of candidates for council commission shall be placed upon the
ballot by the filing of a written notice of candidacy with the city clerk at such time
and in such manner as may be prescribed by ordinance. The ordinance shall
require the payment of a qualifying fee in the amount of $50.00. The candidate
shall submit petition cards from not less than 250 city voters.
The qualifying fee and petition cards are to be received by the city clerk
not more than 60 days nor less than 46 days prior to the date of the election. The
notice must designate the number of the seat for which the candidate is seeking
election. All applications shall be accompanied by an affidavit that the candidate
is a voter of the city and has been a resident of said city continuously for at least
one year immediately prior to the filing of the notice of candidacy. Where only
one candidate qualifies for nomination to a seat on the council commissieR, then
no general election shall be held with respect to the seat and the candidate shall
be declared elected to the seat.
Section 8.05. Elections.
(a) Council commission positions. All members of the city council
commission shall be elected at large. The candidate receiving the largest number
of votes among the candidates for that seat shall be elected.
(b) Regular elections. Regular city elections shall be held on the
second Tuesday in March of each year in which a council commission term
expires.
(c) Special elections. Special municipal elections may be called by the
council commission at any time for such purposes as are authorized by law.
(d) Canvassing board. The council commission shall meet as a
canvassing board within 24 hours after the closing of the polls in any municipal
election and shall canvass the election returns except when such election is held
in conjunction with an election conducted by Pinellas County, in which case
certification of the returns by the county canvassing board may be accepted as
the certification of the municipal election returns.
Section 8.06. Candidate vacancy.
If the death, withdrawal or removal from the ballot of a candidate occurs
after the end of the qualifying period and leaves fewer than two candidates for an
office, then the qualifying period shall be extended to the latest date on which a
name can be added to the ballot. If a name cannot be added to the ballot, the
remaining candidate shall be declared elected.
ARTICLE IX.
FISCAL MANAGEMENT PROCEDURES
The city's fiscal management procedure2 shall include provisions relating
to the operating budget, capital budget. and capital program and provide,
providing for hearings on the budget, capital budget, and capital program and the
amendment of the budget following adoption. The ordinance shall contain a
provision requiring that revenue bonds for projects in excess of one million
dollars be put to referendum with the exception of revenue bonds for public
health, safety or industrial development and revenue bonds for refunding.
ARTICLE X.
TRANSITION SCHEDULE
Section 10.01. Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature.
as amended by special law or otherwise, which are not embraced herein and
which are not inconsistent with this charter shall become ordinances of the city
subject to modification or repeal in the same manner as other ordinances of the
city.
Section 10.02. Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not
inconsistent herewith witMt, shall remain in force until repealed or changed as
provided herein.
Section 10.03. Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect
or impair the rights or privileges of persons who are city officers or employees at
the time of adoption. City council commission members shall continue to hold
their offices until their successors are elected.
Section 10.04. Pending matters.
All rights, claims actions, orders, contracts and legal or administrative
proceedings involving the city shall continue except as modified pursuant to the
provisions of the charter.
Section 10.05. Schedule.
(a) Effective date. Article VIII of this charter shall t::lke effect
immediately upon passage of this charter. Term limits ::IS specified in Sectiofl
2.03 sh::lll become effective for elections after 1994.
(b) Time of taking full effect. This charter shall be in full effect for all
purposes on and after approval by a majority of the electors voting in a valid
election to be called for such purpose, and upon being filed with the Secretary of
State.
Appendix A
That portion of city-owned land bounded on the north by the rioht-of-way of Drew
Street. on the east by the riqht-of-way of Osceola Avenue. on the south of the
rioht-of-way of Pierce Street. and on the west by the waters of Clearwater
Harbor. Iyinq below the 28 mean sea level elevation. toqether with the followinq
described tract: Beqinninq at the northeast corner of section 16. township 29
south. ranqe 15 east. Pinellas County. Florida. and run thence west alono the
north line of said section. 1320.0 feet: thence south alonQ the west line of the
east one-half of the northeast one-Quarter of said section 16. 1526.16 feet to an
intersection with an easterly proiection of the centerline of Pierce Street: thence
south 89Q45'00" W alonQ the centerline of Pierce Street. 418 feet to an iron stake
set in a proiection of the west line of Osceola Avenue as extended across Pierce
Street: thence south 20 feet alonQ this proiection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue: thence south 88018'42" W
alono the south line of Pierce Street. 375 feet to the point of beQinnino: thence
continue south 88018'42" W. 270. 89 feet alonQ said south line of Pierce Street to
the east rioht-of-way line of Pierce Boulevard: thence south 19024'39" east alono
aforesaid east riqht-of-way alonQ a curve to the rioht. chord 157.24 feet. arc
157.41 feet. radius 980 feet: thence north 88018'46" east. 120.42 feet: thence
north 0014'32" west. 50 feet: thence north 88018'42", 100 feet: thence north
0014'32" west. 99.80 feet to the point of beqinnino less and except that portion of
the above described tract designated for the Bandshell Site.
Appendix B
BeqinninQ at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected
Map of Causeway Business District. accordinQ to the plat thereof as recorded in
Plat Book 57. PaQes 1 and 2. Public Records of Pinellas County. Florida. for a
POINT OF BEGINNING. said point beina said Westerly riQht-of-way line of
Osceola Avenue: run thence S 01026'17" E. alonQ said Westerly riQht-of-way line
of Osceola Avenue. 224.38 feet. to the Northerly riQht-of-way line of Cleveland
Street: thence N 89058'26" W. alonQ said Northerly riQht-of-way line of Cleveland
Street. 403.55 feet: thence N 00000'15" W. alonQ a line West of the existinQ
Harborview Center BuildinQ. 217.30 feet: thence alonQ a line Northerly of said
Harborview Center BuildinQ the followinQ two courses. S 89058'26" E. 187.20
feet: thence N 88007'14" E. 210.85 feet to the POINT OF BEGINNING.
ITEM #
Second Reading
I)
ORDINANCE NO. 7237-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE. CITY CHARTER
AMENDING SECTIONS 2.01(d)(4), 2.01 (d)(5) AND
2.01 (d)(6) , WHICH PROVIDES FOR LIMITATIONS ON
COMMISSION POWERS RELATING TO CITY-OWNED REAL
PROPERTY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01 (d) of the City Charter be
amended as follows:
Section 2.01. Commission; composition; powers.
.....
(d) Limitations. The legislative power provided herein shall have the following limitations:
. .. . .
(4) With the exception of maintenance or emergency dredging, or dredging
relating to those tHat portion~ of Dunedin Pass and Stevenson's Creek located within
the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards
below the mean high water line may be authorized only after a properly advertised
public hearing before the commission and approval at referendum.
* * * * *
(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five years, or
other transfer of any municipal real property, the council must
determine real property must be declared surplus ::md no long or
needed for mooiGipal public use by the commission at an advertised
public hearing that such action serves the public interest. Except in the
case of right-ot-way dedications, the granting ot easements,
disposition of uneconomic remainders, or as otherwise provided in this
G charter transactions with governmental entities as described herein,
no real property may be given away or donated without prior approval
at referendum.
(ii) Except as otherwise provided herein, where the council has
determined that sale ot real property is in the public interest as
provided in section 2.01 (d)(5)(i) herein. the real property declared
SYfplus shall be sold to the party submitting the highest competitive bid
at or above the appraised value whose bid meets the terms set by the
Ordinance No. 7237-03
commission and whose proposed use of the property is in accordance
with the commission's stated purpose for declaring the property
surplus, if any.
(iii) Surplus r Real property may be transferred to another governmental
entity for less than the appraised value after a findina bv the council at
an advertised public hearing that the transfer serves a public purpose
has been held and :3 finding by the commission of 3 valid public
purpose for the transfer.
(iv) Surplus r Real property may be exchanged for other real property
having a comparable appraised value upon a findina of the council at a
public h~arina that such exchanae serves the public interest.
(v) The council may donate real property to a non protit oraanization for
the construction of residential units upon a findina bv the council at a
public hearina that such donation serves a public purpose.
(vi) M No municipally owned real property which was identified as
recreation/open space on the city's comprehensive land use plan map
on November 16,1989. or at any time thereafter (or as may be
amended thereafter), may be sold, donated, leased for a new use, or
otherwise transferred without prior approval at referendum, except
when the commission determines it appropriate to dedicate right-ot-
way from. or easement over. fF9m such property. Such
recreation/open space property may be leased for an existing use,
without referendum, unless such lease is otherwise prohibited by
charter or ordinance.
(vi!) No right-of-way or public easement which terminates at, or provides
access to, the water's edge of a body of fresh or salt water may be
vacated for private benefit. Nothing contained in this section shall
prevent an easement tor utility purposes from being exchanged for a
new easement for similar purposes or from converting a fee interest
for utility purposes into an easement for such purposes.
(vii!) After a findina as provided in section 2.01 (d)(S)(i) herein the council
The commission may lease municipal real property for fi\fe years or
less witheut declaring it surplus. Municipal real property declared
sUFplus may 1;)8 leased for a term up to 30 years provided, howe\~er,
nothing her~in shall preclude renewal of any lease for a maximum of
30 yeaf6. Municipal property declared surplus may be leased for .@ em-
iRitial-period of time or a renewal period exceeding 30 years; if
approved at referendum, but not to exceed 60 years total. Leases of
real property in an industrial park shall provide for continual use for
pri~..ate/pul;)lic business purpeses, shall pro\~ide a reasonable rate of
returR on the city's investment, and shall include a r-ent escalation
clause. Nothina in this section shall oreclude the council from enterina
into a new lease with the same tenant upon expiration of a current
2
Ordinance No. 7237-03
lease.
(vili) A<<-le~lE;es of municipal real property shall-GeRtafn recapture ::mG-
reverter cl::lUses.
(ix) When purchasing real property for less than $ 500,000.00 250,000.00,
the council commissfoo shall obtain an appraisal performed by city
staff or independent certified appraiser. If the purchase price of such
property equals or exceeds $ 500,000.00 250,000.00 but is less than $
1,000,000.00 500,OOO.OQ, the council OOmmiSsfGfl shall obtain at least
one appraisal by an independent certified appraiser. If the purchase
price of such property equals or exceeds $ 1,000,000.00 500,000.00,
the gouncil commissfoo shall obtain at least two appraisals by
independent certified appraisers.
(6) No municipal or other public real property lying west of Osceola Avenue,
east of Clearwater Harbor between Drew and Chestnut Streets, being
further described as in Appendix A~
That portion of city owned laRd bounded on the north by the right of way of Drew-
Street, on the cast by the rigt:lt of way of Osceola Avenue, on the south of the
right of way of Pierce Street, and on the west by the waters of Clearwater
Marbor, lying below the 28 mean sea level elevation, together with the following
described tract: Beginning at the northeast corner of section 16, township 29
south, range 15 east, Pinellas County, Florida, and run thence '....est along the
north line of said section, 1320.0 feet; thence south along the west line of the
east one half of the northeast oAe-€fuarier of said section 16, 1526.16 feet to ::m
intersection with an easterly projection of the centerline of Pierce Street; thence
south 89045'00" W along the centerline of Pierce Street, 418 feet to an iron stako
set in a projection of the west line of Osceola Avenue as extended across Pierce
Street; thence south 20 feet along this projection of the southwest corner of the
intersection of Pierco Street and Osceola Avenue; thence south 88018'42" W
along the south line of Pierce Street, 375 feet to the point of beginning; thence
continue south 88018'42" W, 270. 89 feet ::Jlong said south line of Pierce Street
to the east right of way line of Pierco Boolevard; thence south 19024'39" ea6t
along aforesaid east right of way along a curve to the right, chord 157.24 roet,
arc 157.41 feet, radius gaO feet; thence north 88018'46" east, 120.42 feet;
thence north 0014'32" 'Nest, 50 feet; thenco north 88018'42", 100 feet; thence
Rorth 0014'32" west, 99.80 feet to the point of beginning less and except that
portion of the abo'Je described tract designated for the Bandshell Site,
and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly
described as:
That portion of Memorial Causeway (S.R. 60) a 1200-faat-wide right-of-way, lying
between the east abutment of the west bridge and the east line of Clearwater
3
Ordinance No. 7237-03
Harbor, and the submerged portions of Board of Trustees of the Internal
Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and
associated city-owned recreational facilities such as boat slips, docks.
dock master office. amphitheater. and associated appurtenances such as
city-owned parkina facilities, and public utilities together with associated
appurtenances, except upon a finding by the council commission at a
duly advertised public hearing that such development is necessary in the
interest of the public health, safety and welfare of the citizens of the city
and approval of such finding at referendum, conducted subsequent to the
public hearing. Any such City owned parkinq facility. other than surface
parking. shall be located on a portion of the property south of Cleveland
Street. City owned tennis courts and associated appurtenances may be
constructed and maintained on such proporty south of Cleveland Street.
Section 2. A referendum election is hereby called and will be held on March 9, 2004,
at the general city election for the consideration of the voters of the City of Clearwater for
the proposed charter amendments. The questions to appear on the referendum ballot
reflecting the proposed amendment to the charter at the regular municipal election
scheduled for March 9, 2004, shall be as follows:
DREDGING OF STEVENSON'S CREEK
Shall Section 2.01 (d)(4) of the City Charter be amended as provided in
Ordinance No. 7237-03 to exempt Stevenson's Creek from the requirement
that permits for dredging and filling in excess of 10,000 cubic yards below the
mean high water line be authorized only after referendum?
For amendment to City Charter
Against amendment to City Charter
YES
NO
FINDINGS PRIOR TO DISPOSITION OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(i), (ii), (iii), (iv), and (v) of the City Charter be
amended as provided in Ordinance No. 7237-03 require that the Commission
determine at a public hearing that the sale, lease, donation, or other transfer
of municipal real property serves the public interest; and eliminate. the
requirement that municipal real property be declared surplus?
For amendment to City Charter
Against amendment to City Charter
YES
NO
4
Ordinance No. 7237-03
EASEMENTS
Shall Section 2.01 (d)(5)(v) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the City to grant easements, in addition to rights-
of-way, over recreation/open space property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
DONATION OF REAL PROPERTY
Shall Sections 2.01 (d)(5)(i) and (v) of the City Charter be amended as
provided in Ordinance No. 7237-03 to allow the donation of City-owned real
properties which are uneconomic remainders and to allow the donation of
City-owned real properties to non-profit organizations for the construction of
residential units?
For amendment to City Charter
Against amendment to City Charter
YES
NO
LIMITATIONS ON LEASES OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d){5){vii) and (viii) of the City Charter be amended as
provided in Ordinance No. 7237-03 to clarify the language; require a
referendum for leases which have terms in excess of 30 years; allow leasing
of real property for more than 60 years; and remove the requirement that
leases contain recapture and reverter clauses?
For amendment to City Charter
Against amendment to City Charter
YES
NO
APPRAISALS FOR PURCHASING PROPERTY
Shall Section 2.01 (d)(5)(ix) of the City Charter be amended as provided in
Ordinance 7237-03 to raise the threshold for appraisals when the City
purchases property to require one appraisal if the purchase price is between
$500,000.00 and $1,000,000.00 and two appraisals if the purchase price
exceeds $1,000,000.00.
For amendment to City Charter
Against amendment to City Charter
YES
NO
5
Ordinance No. 7237-03
CITY-OWNED PUBLIC FACILITIES - DOWNTOWN WATERFRONT
Shall Section 2.01 (d)(6) of the City Charter be amended as provided in
Ordinance 7237-03 to allow the construction and operation of city-owned
recreational facilities such as boat slips, docks, dock master's office, and
amphitheater on the City-owned property generally bounded by Drew Street,
Osceola Avenue, Chestnut Street, and Clearwater Harbor and located below
the bluff; and allow the construction of a parking facility on a portion of the
property south of Cleveland Street?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 2004.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
~ Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
6
Ordinance No. 7237-03
Second Reading
ORDINANCE NO. 7238-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS A PROPOSED
AMENDMENT TO THE CITY CHARTER AMENDING SECTIONS
2.03 AND 2.07; INCREASING THE TERM OF OFFICE FOR
COMMISSIONERS TO FOUR YEARS; REDUCING THE
DISQUALIFICATION PERIOD FROM ONE TERM TO TWO
YEARS FOR COMMISSIONERS WHO ARE DISQUALIFIED
FROM RUNNING BY TERM LIMITS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.03 of the City Charter be amended as
follows:
Section 2.03. Election and terms.
All commissioners, including the mayor-commissioner, elected prior to the reqular City
election in 2005, shall be elected for terms of three years. Terms shall overlap, with two
commissioners elected one year, and the additional two commissioners and the mayor-
commissioner elected the following year.
No person elected prior to 2005. who has, or but for resignation or forfeiture of office
would have, served as a commissioner for two consecutive full terms shall serve as a
commissioner other than mayor- commissioner durinq fGF the succeeding two tRFee- year period
tefm. No person who has, but for resignation or forfeiture of office would have, served as
mayor- commissioner for two consecutive full terms, shall serve as mayor-commissioner or
commissioner for the succeeding two tRf8e- year period teFm. :J:efmlimits sh::lIl be effective feF-
each respective seat on the date of the next election for that seat after 1 QQ4.
All council members. includinq the mayor. elected at the reqular City election in 2005 or
thereafter. shall be elected for terms of four vears. Terms shall overlap. with two council
members and the mavor elected one vear. and the additional two council members elected two
vears later.
CommencinQ with the reQular Citv election in 2005. no person who has. or but for
resionation or forfeiture of office would have. served as a council member for two consecutive
full terms shall serve as a council member other than mayor durinq the succeedinQ two year
period. No person who has. or but for resiqnation or forfeiture of office would have. served as
mayor for two consecutive full terms. shall serve as mavor or council member durinq the
succeedinq two vear period.
Newly elected commissioners shall take office at the next commission meeting following
certification of city election returns.
Section 2. It is hereby proposed that Section 2.07 of the City Charter be amended as
follows:
Ordinance No. 7238-03
-'}
1<)
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
(a) Vacancies. The office of a commissioner shall become vacant upon the death,
resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture
to be declared by the remaining members of the commission.
(b)
member:
2.
3.
4.
(c)
1.
Forfeiture of office. A commission member shall forfeit such office if such
1.
Lacks at any time during the term of such office any qualification for the office
prescribed by law, or
Is convicted of a felony or a crime involving moral turpitude, or
Fails to attend three ~ consecutive regular meetings of the commission, unless
such absence is excused by the commission, or
Fails to attend twenty-five percent of the regular meetings during a 12-month
period whether excused or not.
Filling of vacancies; vacancy in commissioner's seat.
A vacancy on the commission should be filled by majority vote of the remaining
commission members within 45 3Q days after the vacancy. If the vacancv is not
filled within 45 days after it occurs, the appointment to fill it shall be made bv the
Governor of Florida. The person so appointed shall serve as a commissioner
until the next regular or speCial election. At such election, a commissioner shall
be elected to serve for the remainder of the unexpired term of office.
If the commission bils to fill such vacancy within 60 day& after it occurs, a
special election shall be called to fill the unsxpir.ed term.
m~ Any person appointed to fill such a vacancy shall possess all the qualifications
required of a commission member by law.
2.
(d) Extraordinary vacancies. In the event that all commission members resign or are
removed by death, disability, or forfeiture of office, the governor shall appoint an interim
commission that shall call a special election to be held within 90 days after the occurrence of
the vacancies. Such election shall be held in the same manner as the first election under this
charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of
permanent vacancies which make it impossible to assemble a quorum, then in such case the
governor shall appoint that number of commission members necessary to constitute a quorum
who shall hold office until the next regular or special election.
(e) Boards. The commission is empowered to appoint such advisory boards as it
deems appropriate and regulatory board(s) as may be established by law.
Section 3. A referendum election is hereby called and will be held on March 9, 2004, at
the general city election for the consideration of the voters of the City of Clearwater for the
2
Ordinance No. 7238-03
proposed charter amendments. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the regular municipal election scheduled for March 9,
2004, shall be as follows:
LENGTH OF COMMISSION TERMS. DISQUALIFICATION PERIOD AND VACANCIES
Shall Sections 2.03 and 2.07 of the City Charter be amended as provided in
Ordinance No. 7238-03 to increase the term of office for Commissioners to four
years; to reduce the disqualification period from one term to two years for
commissioners who are disqualified from running by term limits; to provide for
filling of Commission vacancies by appointment of the Governor under certain
circumstances and other minor changes?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 2004.
Section 5. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 4, 2003
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
,.\) /
}hi. ~. r~
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
3 Ordinance No. 7238-03
I~
PROPOSED ORDER FOR MARCH 9, 2004 CHARTER QUESTIONS
QUESTION #1
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to
Ordinance 7235-03 entitled "Non-Substantive Changes" to simplify
language, correct grammar, eliminate certain transitional provisions
which are no longer applicable; change the appointment time for
Vice-mayor; change the name of the Commission to Council,
change the title of Mayor-Commissioner to Mayor, and change the
title of Commissioner to Council Member?
YES
NO
For amendment to City Charter
Against amendment to City Charter
QUESTION #2
CITY-OWNED PUBLIC FACILITIES - DOWNTOWN WATERFRONT
Shall Section 2.01 (d)(6) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the construction and operation of city-
owned recreational facilities such as boat slips, docks, dock master's
office, and amphitheater on the City property generally bounded by
Drew Street, Osceola Ave, Chestnut Street and Clearwater Harbor
and located below the bluff; and allow the construction of a parking
facility on a portion of the property south of Cleveland Street?
YES
NO
For amendment to City Charter
Against amendment to City Charter
QUESTION #3
FINDINGS PRIOR TO DISPOSITION OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(i), (ii), (iii), (iv), and (v) of the City Charter be
amended as provided in Ordinance No. 7237-03 require that the
Commission determine at a public hearing that the sale, lease,
donation, or other transfer of municipal real property serves the public
interest; and eliminate the requirement that municipal real property be
declared surplus?
YES
NO
For amendment to City Charter
Against amendment to City Charter
QUESTION #4
LIMITATIONS ON LEASES OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(vii) and (viii) of the City Charter be amended
as provided in Ordinance No. 7237-03 to clarify the language; require
a referendum for leases which have terms in excess of 30 years; allow
leasing of real property for more than 60 years; and remove the
requirement that leases contain recapture and reverter clauses?
For amendment to City Charter
Against amendment to City Charter
YES
NO
QUESTION #5
DONATION OF REAL PROPERTY
Shall Sections 2.01 (d)(5)(i) and (v) of the City Charter be amended as
provided in Ordinance No. 7237-03 to allow the donation of City
owned real properties which are uneconomic remainders and to allow
the donation of City owned real properties to non-profit organizations
for the construction of residential units?
For amendment to City Charter
Against amendment to City Charter
YES
NO
QUESTION #6
DREDGING OF STEVENSON'S CREEK
Shall Section 2.01 (d)(4) of the City Charter be amended as provided in
Ordinance No. 7237-03 to exempt Stevenson's Creek from the
requirement that permits for dredging and filling in excess of 10,000
cubic yards below the mean high water line be authorized only after
referendum?
YES
NO
For amendment to City Charter
Against amendment to City Charter
QUESTION #7
LENGTH OF COMMISSION TERMS AND DISQUALIFICATION PERIOD
Shall Sections 2.03 and 2.07 of the City Charter be amended as provided
in Ordinance No. 7238-03 to increase the term of office for
Commissioners to four years; to reduce the disqualification period from
one term to two years for commissioners who are disqualified from
running by term limits; to provide for filling of Commission vacancies by
appointment of the Governor under certain circumstances and other
minor changes?
YES
NO
For amendment to City Charter
Against amendment to City Charter
QUESTION #8
EASEMENTS
Shall Section 2.01 (d)(5)(v) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the City to grant easements, in addition to
rights-of-way, over recreation/open space property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
QUESTION #9
CANDIDATES FOR COMMISSION - QUALIFYING TIME. FEE AND PETITION
CARDS
Shall Section 8.04 of the City Charter be amended as provided in
Ordinance No. 7235-03 to eliminate specific requirements for fees, petition
cards, and dates for qualifying as a candidate for the City Commission and
provide that such matters will be addressed by ordinance?
For amendment to City Charter
Against amendment to City Charter
YES
NO
QUESTION #10
APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE
Shall Section 7.02 of the City Charter be amended as provided in
Ordinance No. 7235-03 to require the appointment of a Charter
Review Advisory Committee every six years instead of every five
years?
For amendment to City Charter
Against amendment to City Charter
YES
NO
QUESTION #11
APPRAISALS FOR PURCHASE OF REAL PROPERTY
Shall Section 2.01 (d)(5)(ix) of the City Charter be amended as
provided in Ordinance No. 7237 -03 to raise the threshold for
appraisals when the City purchases property to require one appraisal if
the purchase price is between $500,000.00 and $1,000,000.00 and
two appraisals if the purchase price exceeds $1,000,000.00.
For amendment to City Charter
Against amendment to City Charter
YES
NO
Clearwater
~=::~~~~.R*~ ;
'1 S .
Purchasing Memorandum
City Co:mnission
12/18/2003
.:..qenda :lumber: 2..04
Pi) R. I - '-t
A!!cndaltcm No: 5 I
Purchase
Typc:
Quan tity:
Rcquesting Dcpt: Parks nnd Recreation
Using I>cpt:
Bid Numbcf Of
('odc Exception: City ofClenrwnter Bid 41-03
"cndnrln fo:
Ilcscription:
Comments:
Amount:
S ::!50.00000
Grosz & Stamper Constmction
T3mp.1, Flonda
Labor and Illntenals ll)r concrete tlat work llnd related work durlllg the contract period 12/19/2003
through II i30i100-l.
Utilized at variolls h..1Cations throughout the city.
Low bid.
Appropl'illtion Codc(s):
315-932001-563500-572-000
Comments:
None
2 ..\ecndaltclII No: 5.1
Purchase
Type:
Quantity:
RC(lucsting Dcpt: Solid Waste/General Sen'ices
llsing Ilept:
Bid Number Of
Cotle Exception:
\'1.'11(101'111 fo:
Ilcscrilltion:
COllllllents:
A",uunt:
$ 217.425.00
:!.564 (I )(b) - Sole source
CUES. Orlando. Floridn
200-l Ford E-450 high cube TV sewer inspection van,
Sole source for TV inspection equipment.
Le.lse purchase fmancing.
Previollsly approved addition to tleet.
Apllropl'illtion Codc(s):
315-09615-591000-581-000
Comlllents:
Project
Debt service - Principal: 4l9-0~090-571300-58:!-000
Debt service - Interest: 419-02090-572300-539-000
~ Clearwater.
~~~~:.'~~~ :
Purchasing Memorandum
'::it.; r":orr.:r.:::.sion
1';:,'18/:201:':
.:'.';lenda tluIr~:.'el': 2~04
3 ,'\~elllla Item Nu: 5.3
Purchasl:
Type:
QU:llltity:
Hl'lIul'sting Dept: Gas Systclll
llsing I)l'pl:
Did Number or
('ode Exception: Ctly of Cle:lIwatcr Bid 41-0~
"l'ndo"'nfo:
I)l'scrilllion:
Comments:
Amount:
$ 700,000.00
Jeffry Knight Inc. dba Knight Enterprises.
Clearwaler. Florida
Install:lIion of gas lll:l1ns and ser\'l\:e llIlcs dUring Ihe penod: January I. ~003 Ihru Dccclllber 31. 2004
First of Iwo renewal opllons of the 2002 bid
ApJlI'OJll'illtioll Code(s):
315-96378-563800-532-000
COllllllents:
Pasco County: 315-96378-563800-532..000 - $440,000.00
Pinellas County: 315-96377-563800-532-000 - $260.000.00
.. Agenda Itcm No: 5.1
Purchase
Typc:
Quanlily:
Hcquesling Dcpt: Solid Wasle/Gcneral Serviccs
llsing DCJlt:
IIid Number 01'
Code Exception:
Vendol'lnfo:
Uescrilltion:
Comments:
Amount:
$ 1.180,000.00
2.564 (I )(d) - Pin Cly Bid 034-81 B
Petrolculll Trnders Corp., Fon Waync, Indiana
Unleaded gasol ine and dicsd fuel during the contract period: December 19. 2003 through December 15,
~OO.l
Piggyback.
Utilized by depanmcnts with vehicles and/or generators.
Aplll'ollriation Code(s):
566-06611-550500-519-000
Comments:
Charged to departlllents upon usage.
L~.I\ i (-/ S'C- 2.
1(; .
~. Cleanvater
City Com mission
Agenda Cover Memorandum
,~. : ::::~:~~3~~:~:.~~~:::~::.
Tracking Number: 335
Actual Date: 12/18/2003
51ft>] t;~LL B t;.co.mm eJld a ti on.:
1) Staff will present the findings of the February 2003 Analysis of Harket Opportunities for
Commercial and Economic Development in the Nortll Greenwood Area, and 2) Authorize staff to
prepare and issue a Request for Proposals for qualified clevelopnlent corporations and/or
qualified businesses corporations to present alternative land use proposals for the re-use and
future redevelopment of the Jack Russell Memorial Stadium and Complex (Stadium).
Summary...;.
'On December 18, 2003, the Parks and Recreation Department is requesting Commission
approval of a two-year lease agreement from December 15, 2003 to December 14, 2005,
between the City of Clearwater and The Winning Inning, Inc., for the use and operation of the
Jack Russell Memorial Stadium and Complex. Upon completion of this lease agreement, the
Stadium will be available for redevelopment into its higllest and best land use.
"In December 2001, the city retained HDR, Inc. and URBANOMICS, Inc. to analyze the North
Greenwood neighborhood's potential for redevelopment and stabilization, including the pOSSible
re-uses for the Stadium.
"In April 2002, a Committee of North Greenwood residents was selected to work with
Consultants as they analyzed their neigtlborhood.
· On January 7, 2003, HDR, Ine. hosted a neighborhood \\lorkshop to present the findings of their
market analysis, wl1icll indicated that both the Stadium and the National Guard Armory held the
most promise as future redevelopment parcels.
*At this January workshop, alternative redevelopment options were discussed including: 1)
Niche opportunity for a 10,000 to 15/000 square foot grocery store within a 20/000 square foot
neighborhood shopping center at the intersection of M.L.K, Jr. and Palmetto Street, 2) Retain the
tv1.L.K commercial corridor zoning, but encourage the development of new businesses within a
more compact alignment, and assist these businesses with incentives, grants, and loans, 3)
Encourage conversion of some of the M.L.K commercial property to higher density residential
and horne-based business uses, and 4) Identify key "Gateway" entrances such as Palmetto
Street.
· At the January workshop, tile Consultant concluded that the preferred re-use alternative for the
Stadium was a 400 resident assisted living facility for the elderly with associated nursing and
health care facilities (any re-use of the Stadium would require a City-wide referendum). This
recommendation was not supported as a viable re-use land use by the participating workshop
attendees and the neighborhood steering committee.
*The Steering Committee continued to meet during January, February and March of 2003. On
tvlarch 31, 2003, the City hosted a neighborhood workshop at the MLK Center. The
redevelopment potential of the neighborhood and the Stadium was discussed, but no consensus
was reached.
'The future highest and best use analysis of this Stadium and neighborhood was subsequently
completed by HDR, Inc. and URBANOtvlICS, Inc., and published in a report in February 2003
titled "fvlarket Opportunities for Commercial and Economic Development Report for the North
Greenwood Area" (Attached).
· On April 2, 2003, the city-appointed Steering Committee was dissolved, but the members
inclicated a desire to continue functioning as an ad hoc neighborhood committee without city
participation.
~ Clearwater,
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City Commission
Agenda Cover Memorandum
*On May 13, 2003, the ad hoc committee hosted a neighborhood town meeting at the MLK
Center, and further discussion ensued, but no consensus was reached on any redevelopment
options.
"On November 24, 2003, city staff held a meeting with the ad hoc neighborhood committee to
discuss the issuance of this RFP for the re-use of the Stadium.
RECOl'-'lMENDATION
City staff recommends that a formal Request For Proposals be issued for the potential
redevelopment of the Stadium so that the Stadium's highest and best land lIses can be
determined by qualified "industry" experts who might define market-driven, economically
feasible land uses that, to date, have not been identified.
The proposed RFP schedule is attached.
Oriqinatinq: Economic Development and Housing
5-e..tti.on Consent Agenda
Cat~.9ry: Other
Number of electronic documents
attached:
Public Hearinq: No
1
Finanr.iallnformation:
lYRe: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Requesting RFP for Jack Russell Stadium Redevelopment
Review Aooroval
Reainald Owens 12-04-2003 09:43: 17
Ralah Stone 12-04-2003 11:52:03
Cvndie Goudeau 12-04-2003 14:43: 18
Bill Hornp. 12-04-2003 14:07:47
Pm(>osed RFP Schedule for Jack Russell Stadium
Description Timeline
Preparation of RFP December 15. 2003 - January- 30. 2004
RFP Advertised I February- 2. 2004..=. Febn~~' 6. 2004 I
Pre-Submittal Conference i Februarv 18. 2004 I
_Proposals Due ______ __._________ __________ ____out. rv1.,!!"C-,)j_2_._)004~--~~-~-~_ ______________-1
: Evaluation orRFI~~~_ _______~~/I~li.c~29!-~004-=J~priI16. 2004 !
i Evaluation Team Interviews Short List I April 26. 2004 - April 30.2004
: Proposals !
! Neighborhood Workshop to Discuss May 3, 2004 - May 7, 2004
I Proposals
Evaluation Team Recommendation
Agenda Items Due FYI
: City Commission Authorizes Negotiations
I with Preferred Proposal
May 17,2004 - May 28, 2004
Mav 24, 2004
June 14/June 17,2004
GO/ H 50-A
/
Predominantly an Older Single-Family
Residential Neighborhood
16-Acre Jack Russell Stadiurn
3-Acrc National Guard Arrnory
North Greenwood Aquatic & Recreation
Center
North Greenwood Branch Library
Renovated North Greenwood Apartrncnts
I (p.
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P RIO R N()F~ TH c; f~ E F~ NWOC) D
s r dOlf ~.~
a 1988: Commercial District General
Development Plan
1994: Commercial District & Economic
Development Opportunities
1996: Community Task Action Plan
Commercial District Design Guidelines
, 1998 Greenwood Neighborhood
Initiatives
2
3
4
WHA l (:AN f.HF rVl/\F\~< f. r
:~ l J fJ f ') C) F\ T',)
. 98,000 Square Feet of Commercial
~ Market Generates $48.5 Million
Annually for Local Goods &
Services
" $26.5 Million of This Income Could
Be Captured Locally
One" J un ior" S u penna rket
Five to Seven Restaurants
One to Two Alcoholic
Establishrnents
10 to 15 Slnall Retail Stores
And/or Snlall General Merchandise
Store
5
6
7
Assisted Living Health Care Facility with
100-150 Jobs
Education and Training Facilities
(Elernentary School Relocation)
Industrial & Office Park with 125-150 Jobs
Multiple-Fan1ily Housing Dcveloplnent
Sports. Recreation & Entertainment Uses
Mixed Retail & Residential Land Use
8
f\ E 0 EVE I () P M r-: N 1 S1 I -\ AT f. C y
.
.. No More Analytical Studies
" Allow the Private Redevelopment
Market to Define Highest & Best Land
~se; Also Consider Parks and
R~reation Ideas
, Issue a Request For Proposals (RFP)
for Quality Redevelopment Projects
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North Greenwood Economic
Redevelopment Strategy
February 2003
Presented to:
The City of Clearwater
By:
HDR Planning
Urbanomics
Urban & Real Estate Economics
T. Trent Green, RA .
Iill
Analysis of Market Opportunities
for Commercial and Economic Development
In the
North Greenwood Area
Clearwater, Florida
Updated Report
February 2003
Prepared for HDR, Inc.
and the
City of Clearwater
By
. URBANOM/CS, Inc.
Urban and Rea' Estate Economics
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Executive Summary
The North Greenwood Neighborhood sits less than a mile north of
Downtown Clearwater FL. Historically, an African-American en-
clave whose history reaches back to the eartiest years of the 20th
century, the neighborhood began to decline in the 19605 and gradu-
ally fell into conditions of civic, social and physical disrepair. Be-
ginning in the late 1980s and continuing through the 1990s, lead
by civic and community leaders, and supported by the City of
Clearwater, the neighborhood began to tum itself around.
Significant changes have occurred within the neighborhood, par-
ticularty in recent years. Already in 2003, the City has officially
opened the North Greenwood Aquatic and Recreation Center and
the new North Greenwood Branch Library. Later in the year, the
$1.2 million dollar North Greenwood Streetscaping project will be
completed. The Bank of America continues its $7.0 million con-
version of the North Greenwood Apartments.
On a smaller scale, throughout the neighborhood, residents and
organizations are renovating older structures and building new
ones, particularty single-family houses. Clearwater Neighborhood
Housing Services has been a leader in this respect; slowly other
, .
organizations and entities are following their lead. . ..I'-
Needs still remain. There are pockets of housing that is sub-stan-
dard or bordertine. There is little neighborhood-serving retail or
restaurant uses within the neighborhood proper. There are still
some concerns about crime and the lack of neighborhood-based
opportunities for young people.
At the same time. new opportunities are emerging. The most promi-
nent of these is the 16-acre property, located at the southeast cor-
ner of the intersection of Palmetto Street and North Greenwood
Avenue. At the physical heart of the community, the property holds
Jack Russell Stadium, the current Spring Training and minor-league
home of the Philadelphia Phillies baseball organization. The
Phillles, however, will be moving to a new facility e~here in the
. City, and within two years, this site will be available for renovation,
redeveic~ment or reuse. In addition, an adjacent Armory facility
and grounds will also become available as the National Guard
moves to a newer and larger facility ou1side of the City.
In Spring 2002, the City of Clearwater hired a consultant team to
analyze the potentials of the North Greenwood neighborhood for
significant new economic development opportunities. Chief among
their concerns was the goal of increasing job opportunities within
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the neighborhood, with a goal of seeing that some of these jobs
went to local residents. The City was also concerned to assess the
ability of the neighborhood to support retail and/or neighborhood-
related commercial uses, particularty if located along North Green-
wood Avenue, the historic retail and commercial center of the com-
munity. Finally, the City wanted the team to analyze the possible
re-use potentials of the Jack Russell site and the ancillary Armory
facility, and provide a ranked list of options that also addressed the
primary economic development concems.
This report summarizes the results of the Team's work. It includes
a range of redevelopment potentials for the neighborhood as a whole
and for the Jack Russell site in particular. It also summarizes an
economic and market analysis of the neig hborhood's ability to sup-
port new retail development. (The entire analysis is included at the
end of the report as an appendix.)
The potentials for positive growth and development within the North
Greenwood neighborhood are significant A primary concem for
the City will be selecting among several viable opportunities, par-
ticularty for the Jack Russell property, and coordinating these deci-
sions with the concems and input of local residents and neighbor-
hood groups.
The on-going growth, redevelopment and revitalization of the North
Greenwood neighborhood should continue into the future. Hope-
fully, some of the many options and strategies oudined in this docu-
ment will assist in this endeavor.
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II Background
Overview
The Study Area of this Strategy document (the IlNeighborhood") is
located in the northwestern sector of the City of Clearwater, several
blocks north of the city's Downtown. The Neighborhood is bounded
on the south by Drew Street and Maple Street and on the east by
North Greenwood Avenue and Betty Lane. On the west the
boundaries are Myrtle Avenue and the Blanche B. Littlejohn Trail;
to the north, Stevenson's Creek and Overbrook Avenue.
The Study Area is approximately 433 acres is size. The focus of
the Area, and the historic center of neighborhood life is North
Greenwood Avenue, which bisects the neighborhood in a north-
south direction. (North Greenwood has recenUy been renamed
Martin Luther King Avenue, North. In this document, both names
will be used interchangeably.) In an east-west direction, the Study
Area is bisected by Palmetto Street, which connects Betty Lane on
the east with Myrtle Avenue on the west The Area is also bisected
by a still-functional rail line that runs parallel to Maple Street.
The neighborhood includes severalla'ge tracts of land given over
to public and institutional uses. These include the City's Marshall
Street Wastewater Treatment Plant located on 16 acres, on the
south side of Stevenson's Creek, just west of Betty Lane; an 18-
acre tract containing the Curtis Fundamental School and the
Clearwater Comprehensive Middle School; and, a 16-acre parcel
located at the southeastern comer of the intersection of North
Greenwood Avenue and Palmetto Street. This last property is
owned by the City and contains Jack Russell Stadium, a 3,500-
seat baseball stadium used as a Spring Training and minor league
facility by the Philadelphia Phillies baseball club. RecenUy, the
City of Clearwater and the Phillies reached an agreement to
construct a new stadium and training facility several miles east of
the current location. .
The future of the existing stadium once It Is vacated by the Phillles
is under consideration. One option Is to tear the facility down; In
this instance, a critical element of this study Is to detennine the
most effective re-use strategy for this centrally located parcel of
land.
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Historical Background
Historically, this neighborhood was known as the "Grove." It was
dominated by large citrus trees, and was home to much of the
City's African-American population. Initially settled before the turn
of the 20" Century, the neighborhood was predominantly residential
in character with neighborhood-serving retail and commercial uses
found along North Greenwood Avenue. Well past the Second World
War, the North Greenwood Commercial District was a vital center
for social, commercial and economic life in the community. During
the 1960s, however, as the barriers of segregation began to fall,
demographic changes within the neighborhood combined with
gradual disinvestment led to a decline in the commercial center.
Many longstanding institutions were forced to dose; others were
able to maintain operations but only in a limited way or with a
fragmented audience.
For the past twenty years, the City of Clearwater has mounted a
number of efforts to help stem the decline of the neighborhood, in
general. and the commercial core in particular. This Strategy
represents the latest in the series of such projects and, as such,
both builds upon and advances many of the efforts initiated in these
earlier studies.
The fundamental goal of this effort is to ouUine a strategy whereby
a coalition of private, public and nonprofit entities can reinforce
and support ongoing efforts within the neighborhood, and can also
initiate and foster new economic and physical redevelopment efforts
within North Greenwood.
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Previous Planning Efforts
1988: North Greenwood Commercial District General
Development Plan.
This Plan was developed by the North Greenwood Economic
Development Task Force, wor1<ing with Clearwater Neighborhood
Housing Services (CNHS), the Neighborhood Reinvestment
Corporation, Sam Casella. AICP. a planning consultant, and the
architectural finn of Youngstrom & Associates.
The study began with an inventory of neighborhood resources, a
market study, and a series of community workshOps that aimed to
define a set of goals and development criteria. From these initial
efforts, three a~emative economic development strategies were
presented: a neighborhood market. strategy; an economic
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opportunities strategy; and, a specialty theme strategy. Ultimately,
the study proposed an amalgam of the first two strategies, looking
to both strengthen existing businesses and selective seek to add
additional businesses and services to the neighborhood.
The primary outcome of this effort was a proposal to improve the
overall appearance of North Greenwood Avenue. Components of
this proposal included the planting of street trees, the construction
of new sidewalks, the development of various public parking
alternatives, and the creation of guidelines of new construction,
with particular emphasis on signage and building facades.
1994: North Greenwood Commercial District & Economic
Development Opportunities.
Developed by the Florida Center for Community Design & Research,
this study analyzed the overall condition of the North Greenwood
corridor, including its general context, assessed the obstacles to
future development, and presented ways of attempting to
overcomes these obstacles. Critical obstacles presented in this
study include a preponderance of undersized lots within the
neighborhood, a lack of on-site or even district-wide parking, the
perception and reality of crime within the community, and the
generally downtrodden appearance of many of the buildings and
businesses.
The study recommended an overall facelift for Greenwood Avenue
including both the public Right of Way and the adjacent privately-
owned buildings and properties. The study included three
interrelated development scenarios, addressing .modest,"
"moderate,. and .major" development interventions.
This study received a good deal of critical and popular support
from members of the community. . Sometimes referred to simply as
the "Trent Green Plan,. after one of the authors of the study, the
projects has been referena!d on a regular basis since its origination.
Several subsequent studies of the neighborhood ultimately
recommended that the City continue to seek to implement the
programs outlined in this eartierstudy. To a large degree, this ament
plan, echoes these recommendations, and looks to build upon the
work done in the 1994 study, particularty as it relates to urban design
issues such as zoning, design guidelines, infill strategies,
streetscaping, etc.
10
1996: North Greenwood Community Task Team Action Plan.
In June 1996, the City Commission established the North
Greenwood Task Team. Comprising residents and business owners
from the neighborhood, the Team developed the following mission
statement: uldentify and address critical community concerns in a
way that will promote the long-tenn positive development of the
North Greenwood Neighborhood." Toward this end, the Team met
almost weekly throughout the Summer, with various residents and
community groups. From these meetings came an Action Plan
that was presented to the City for adoption. This Plan included the
following major initiatives:
Economic Development
1. Develop job training programs for the youth and adults
of the area.
2. Expand the Community Redevelopment Agency
boundary to include all of the North Greenwood area.
Environmental
1. Implement a plan to review Stevenson's Creek water
flow and environmental concerns.
2. Refine the overall appearance of the reclaimed water
tank at the Marshall Street Wastewater Treatment
Plant.
3. Involve the North Greenwood community in
environmental justice programs.
4; Institute a community-wide Brazilian Pepper removal
program.
Public Facilities and Improvements
1. Develop additional parking for the North Greenwood
Panthers.
2. Develop a streetscape program for North Greenwood
Avenue.
3. City to provide maintenance for public facilities along
North Greenwood Avenue (trash cans along North
. Greenwood Avenue).
Public Safety
1. Develop programs to address crime in the
neighborhood.
2. Develop plan for traffic control.
3. Develop plan to eradicate drugs from the
neighborhood.
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4. Operate the North Greenwood substation 24 hours a
day (n not possible, operate during peak hours).
5. Increase community policing efforts (placing a police
officer on the beat).
6. Create a program to address truancy.
7. Increase better communications between the
neighborhood and the police deparbnent.
Recreational - Leisure Services
1. Stadium Issues
2. Special events.
3. Build a new recreation/community center.
4. Develop a passive park along the North Greenwood
business district.
5. Greenwood Panthers annual funding.
1998: Greenwood Neighborhood Initiatives.
The City promised that ideas generated in previous studies and
plans would be implemented in -near future.ft The major tasks
outlined in this Initiative included the Cherry Harris Park renovation,
construction of new branch library, construction of a recreation
center, the Stevenson's Creek restoration and street beautification.
2001: North Greenwood Avenue Streetscaping.
The City agrees to spend $1.1 million to reconstruct North
Greenwood Avenue from Seminole Streetto Marshall Street adding
new sidewalks, brick crosswalks, decorative streetlights, planted
medians, and new benches. An additional $1.0 million is being
spent to lay reclaimed water pipes beneath the roadway in order to
maintain new and existing landscaping.
12
Current Conditions
Much of the work that was the subject of various planning efforts
during the past decade has either come to fruition or is in process.
The following is a summary list of what has been accomplished in
recent years:
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Cherry Harris Park has been renovated.
The new branch library has been constructed and is to
open shortly.
The North Greenwood Recreation & Aquatic Complex
opened on 04 January 2003. It has three pools. two playing
courts. a recording studio. a 2.000 SF weight room and
many additional features; by all accounts it is the nicest
such venue in the City.
The North Greenwood streetscaping is in the final stages
of completion.
Bank of America COC is in the final stages of completing a
$7.0 million make-over of the North Greenwood
Apartments.
Clearwater Neighborhood Housing Services has been
slowly building new single-family houses throughout the
community.
13
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III General Market Analysis
The materials included in this section are derived from a more
extensive Mar1<etAnalysis that was undertaken in June 2002. The
full text of this Analysis, including supporting data, is included as
an Appendix to this document
Existing Development
Most existing business activity in the North Greenwood
neighborhood is found along streets on and near the edges of the
area. induding Drew Street, North Fort Harrison Avenue, and North
. Myrtle Street These consist of a range of retail stores and services.
many of which serve a broader-than-Iocal market due the high
volume of through traffic along these streets.
There are also a number of businesses located along North
Greenwood Avenue. This, however, is a local street with
comparatively light traffic, which significan~y limits commercial
opportunities. Most of these businesses are located on a six-block
stretch between Marshall Street and Seminole Street However,
developed commercial frontage represents only about one-quarter
of the total street frontage along this length. This situation highlights
two conditions:
~ The immediate neighborhood market is insufficient to
support commercial activity in the core area.
~ The commercial core is too elongated to support and
sustain efficient and mutually reinforcing dusters of local
business activity.
Market Potentials
Demand for local goods and services is a function of several factors:
size of the local population, their incomes and spending potentials,
and presence or absence of existing stores and services in or out
of the local area.
The lMarketArea. of North Greenwood, for purposes of this Study,
is defined. as that physical area of the City that is bounded on the
West by Clearwater Bay, on the North by Sunset Point Road, on
the East by Betty Lane, and on the South by Drew Street. This
Market Area has a 2002 estimated population of 7,012 people,
living in an estimated 2,774 households.
14
.
The "Core Area" of North Greenwood, for purposes of this Study, is
defined as that physical area of the City that is bounded on the
West by the Pinellas Trail and Myrtle Avenue, on the North by
Stevenson's Creek and Overbrook Avenue, on the East by Betty
Lane and North Greenwood Avenue, and on the South by the
Railroad Tracks and Drew Street. The Core Area has an estimated
2002 population of 3,414 and an estimated 1,250 households.
Expenditures by Market Area households could support an
estimated 98,000 square feet of Iocally-oriented retail space, if such
space were available. Spending by these households for food,
drugs, motor fuel, clothing, household goods, personal products
and services, and eating out totals an estimated $48.5 million
annually, of which $26.5 million could be spent within the Market
Area.
These levels of local spending would support one junior
supermarket, five to seven restaurants, one full-size drug store,
one to two stores serving and selling alcoholic beverages, and
another ten to fifteen small shops, and/or a small general
merchandise store. A finding of such demand is not unusual, but it
is also clear that existing stores and services within general
proximity, if not within the North Greenwood neighborhood, are .
currently satisfying much, if not all, of this demand.
Opportunities to attract a major chain food/grocery store to the
Market Area are limited because of the presence of other large
stores within two miles, and the marginal size of the local population
base. However, there may be a niche opportunity to attract a facility
in the 10,000 to 15,000 square foot range, which is an emerging
model for older urban loc:ations.
Market prospects for locally-oriented commercial development are
enhanced if retailers can draw from the larger more affluent Market
Area in locations convenient to this area. Thus, best opportunities
for residents of the North Greenwood neighborhood and the larger
Market Area are afforded by identifying and developing locations
on high traffic streets on the edge of the neighborhood, such as
North Myrtle Avenue and North Fort Harrison Street.
15
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IV Development Opportunities and Options
Introduction
While the specific focus of this study is to develop strategies that
help improve economic conditions within the North Greenwood
neighborhood, particularly with respect to well-paying jobs and
commercial services, the achievement of any significant strategy
will depend, to a greater or lesser degree, on the development of
new structures and facilities within the neighborhood, and the
renovation and redevelopment of older, under-performing facilities.
To this end, the Study Team spent considerable time assessing the
potentials of the community for redevelopment both in terms of the
availability of acceptable parcels of land and/or properties, and with
respect to the validity of potential new uses in achieving enhanced
economic development.
Jack Russell Site
The single dominant focus of this research is the property known
as the "Jack Russell Site." This property in dudes the existing Jack
Russell Stadium and an adjacent reduced-size infield training facility.
It also indudes several smaller buildings that are currently used by
the Philadelphia Phillies baseball organization, and grass-covered
parking lots located due west of the main stadium. These lots
used to extend all the way to the southeastern comer of the
intersection of Palmetto Street and North Greenwood Avenue. In
2001, however, Pinellas County constructed the North Greenwood
branch library in the northwest comer of this property. The library
occupies approximately one acre of land in this location.
Across Seminole Street from the Phillies' complex is an existing U.
S. National Guard Armory. This structure is currently used by the
National Guard for training exercises and to store equipment and
vehicles. It is anticipated that this facility will be decommissioned
in the near future and that eventually the property will be offered to
the City of Clearwater for use. The site of the armory is
approximately three acres in size.
Not including the land that has been given over to the new branch
library and related parking, the Jack Russell s~e Includes nearly 16
contiguous acres of property. This land is bounded on the north by
Palmetto Avenue, on the east by the back property lines of single
family houses that front on Jefferson Avenue, on the south by
Seminole Street and on the west by North Greenwood Avenue
and the new library.
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General Concerns
One approach to the redevelopment of this property would have
the City look for uses that could take the entire 16 acres as part of
a single project. Given the concems that the ultimate development
also provide for a wide range of employment options, particularly
within the community, the project team focused on developments
that would not only optimize use of the property but would also
generate a substantial number of job opportunities.
In addition, the project team tried to look for potential uses that
might help address direct and indirect needs found within the
North Greenwood neighborhood. Finally, the team was
concerned that the targeted uses not prove to be disruptive to
the existing character and function of the neighborhood. This
included issues such as building scale and architectural
character, as well as traffic, noise and potential for the influx of
unwanted outside visitors.
Contextual Factors
All of the approaches to the stadium site are two-lane undivided
neighborhood roadways. These generally see modest amounts of
usage, across the day, week and year. The stadium has 2,300
seats, and during Spring Training, it will often fill to near capacity.
Such an influx of vehicles is, however, a limited event, occurring
less than twenty times during the year. Minor league games, which
take place between April and September, generally do not generate
this same level or interest or intensity of traffic.
To the north, the site faces residential uses, primarily the newly
renovated North Greenwood apartments. To the east the dominant
use is single family residential. To the south, the stadium site abuts
a variety of light industrial uses, including the aforementioned
Armory. To the west the site faces North Greenwood Avenue and
a range of uses, including commercial, retail and civic.
Development and Reuse Options
The project team identified several options for the City to
consider in using the Jack Russell Site after the Phillies move
their spring training and minor league operations to a new
stadium complex in Clearwater on U.S. 19 in 2004. These
options include:
· Health Care Uses, particularly assisted living for the lower
income elderly population and related health care facilities
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serve neighborhood and area residents while providing on-
site employment opportunities.
Educational and Training Uses, including occupational
training for youth and adults, extension courses, and home
and family education and counseling services.
Industrial and Service Uses, including one large users
or multiple small finns in owner-occupied or multitenant
buildings involved in light manufacturing or service-type
activities, such as building maintenance, security, pest
control, cable services, and heating and air conditioning
contracting.
Office Uses, particularty multiple small users in multitenant
flex/office space.
Sports, Recreation, and Entertainment Uses, including
retention of the stadium and related open areas as a public
asset for amateur baseball/softball leagues and
tournaments, other outdoor events, and recreational uses
Multifamily Housing, including for-sale townhomes and
rental apartments primarily targeting the needs of low and
moderate income households.
Mixed or Multiple Uses, recognizing that the 16-acre site
is large enough to accommodate two or more urban uses.
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Each of these development and reuse options is reviewed below.
Health Care Facilities
Across the country, state, and region, there is a gradual increasing
. demand for healthcare and health-related facilities. In addition,
the traditional structure of the healthcare industry is changing, in
response to increased demands, burgeoning new. technologies,
new knowledge and on-going financial constraints. As the general
population lives longer, it is anticipated that an increasing range of
health care options will be developed in upcoming years. Toward
this end, the project team feels that the Jack Russell sne lends
itseW very well to an assisted living facility (ALF) for the senior and
elderly population with a specialized on-site health care facility such
as skilled nursing facility, Alzheimer's clinic, or other type of medical
care facility. There are a number of market-rate assisted living
facilities in Clearwater, which limits the feasibility of another such
facility. Facilities designed and operated to serve the lower income
elderly population, however, are.very limited locally and in the region,
which provides a niche opportunity for the Jack Russell site. The
site could accommodate an ALF with 200 or more living units, plus
an attached nursing facility and/or medical dlnic, and could provide
an on-site SOU~ of employment for 100-150 persons.
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The continuous twenty-four hour operations of such a facility create
strong demand for workers around the clock. Many of these workers
could be drawn from the surrounding neighborhood; where existing
skills can't be found, the facility might include a training component,
oriented specifically to surrounding residents. These components,
as well as the continuous operations would, in tum, help establish
the facility as a major element within the neighborhood, and might
help spawn ancillary related businesses -Le., pharmacies,
restaurants, sundries shops, etc. The operational character would
tend to level out peak loads and demands for infrastructure capacity,
such as roads, and would make the facility a better neighbor for
the community.
The project team recommends this use to the City and neig hborhood
as a realistic reuse and positive economic development opportunity
for the Jack Russell site. However, from several meetings with
North Greenwood representatives, this reuse concept has little
local support, as residents perceive the lower income nature of the
facility as a negative and types of jobs offered as low-wage.
Education and Training Facilities
Conversations with representatives of the North Greenwood
neighborhood indicate that there is considerable interest in
enhancing the educational offerings within the local community.
There is strong sentiment to use the Jack Russell site for an
educational facility, possibly even moving the local elementary
school to this site and then reusing the existing school site for
another purpose. These sentiments represent a legitimate concern
of the part of residents, and there is clearty a need for additional
training and educational opportunities within the community. It is
the opinion of the project team, however, that such elements will
best meet the needs of the community when included as an ancillary
component of a larger development such as described above in
association with health care uses.
In addition, development of an education and training facility would
require local public funding for construction and operation, whereas
development and operation of the ALF/medical facility concept is
considered largely a private sector venture leveraged by publiC
financial incentives. Moreover, an education and training facility is
likely to continue the property in a tax exempt status. of which there
are already many in North Greenwood and Clearwater in general.
For this reason, the project team recommends that an existing
suitable tax exempt building be found to host education and training
programs appropriate to the neighborhood and area. The National
Guard Armory is such a building, and could be reused in the future
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for occupational training in the culinary arts and food service
industry, in installation and servicing of office machines, and in the
health services industry.
Industrial and Office Development
The City of Clearwater has a limited inventory of sites for office and
industrial development, although the closure of CGI in a prime
downtown location provides and immediate challenge and
opportunity for reuse. A number of existing industrial uses are found
along the railroad line on the south end of the North Greenwood
neighborhood, but these uses are not significant sources of local
employment, nor are they particularly attractive neighbors to the
residential community.
The Jack Russell site, if redeveloped for industrial use, could and
should be designed and developed in such a way as to provide a
better visual transition to the residential community. The 16-acre
site could accommodate up to 160,000 square feet of development,
if occupied by one or two large users, and generate on the order of
125-250 jobs, depending on type of operation (light manufacturing
or distribution). Another option is to plan the property as a small
business park, with independent owner-occupied and build-to-sult
facilities and/or multitenant flex office/warehouse facilities for
multiple small service-type users. For this option, the site may
accommodate up to 125,000 square feet of development employing
a somewhat lower number of workers.
The multiple small user option is preferred by the project team to
the large user option, as prospects for attracting locally-oriented
small businesses and startups are much greater than finding one
or two large users. The site is further limited for large users by the
lack of an existing low cost building, which many such industrial
users seek. To overcome this limitation, the City could consider
building one or two spec shell buildings on the site. The multiple
small user option also has some limitations, in that the City or private
developer would have to either develop horizontal infrastructure
and sell building sites or develop and lease speculative muttitenant
space. Both are risky, particularly to a private developer, given the
nature of the somewhat hidden location of the site and perceived
low Income character of the neighborhood.
For these reasons, the project team considers industrial reuse to
be generally among the weaker market attematives for the property.
Larger users are generally looking for available buildings.
Neighborhood residents generally are not favorable to this type of
site reuse.
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A related but less intensive potential use would be office, research,
and light high-tech manufacturing activities. While these are likely
to create less noise and traffic impact, the project team views this
also as comparatively weak market opportunity for the site because
of its isolated location and perceived low income neighborhood
character. To make it happen, however, the City may need to fashion
financial incentives which allows developers of multitenant flex
office/research/light industrial space to offer rents substantially
below (say, 20 percent) market rate
Multifamily Housing
In the course of discussion with residents and community leaders,
there was some expression of the need for additional housing
opportunities within the neighborhood, particularly for market-rate
housing. While the project team recognizes that there are needs
for improved housing and increasingly diverse housing options
within North Greenwood, it also feels that the Jack Russell site
should not be used for this purpose, except as a minor component
of a larger mixed-use project. The particular characteristic of this
site that gives it considerable value is its size, its generally
unencumbered site, and its single ownership. These are
characteristics that are particularly relevant to institutional
development, but are far less critical to neighborhood residential
development. Finally, residential development does little, if
anything, to address the community concerns for creating long-
term well-paying employment opportunities within the neighborhood.
One way that residential development might make sense for the
Jack Russell site is as part of a larger, integrated mixed-use
development Such a project might include a commercial office
and/or light industrial component, possibly located on the
southeastem parts of the site. Residential uses could be located
along Palmetto Street with retail and/or civic uses located south of
the library along North Greenwood Avenue.
While the City should not dissuade such proposals when soliciting
ideas from developers and/or organizations, it must also recognize
the inherently difficu~ nature of such mixed-use developments.
Generally, they are more difficu~ to plan and design, to finance and
to get implemented.a
Sports, Recreation, and Entertainment Uses
While the City has expressed a clear intention to optimize the use
of the Jack Russell site for economic development, a~emative
proposals for accomplishing this have emerged from within the ranks
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of current City officials and Staff. Members of the City's Parks &
Recreation division feel strongly that the stadium, related buildings
and open space should be preserved, more or less in the current
conditions, and turned towards other sports and recreational uses.
The Parks & Recreation element of the City's Capitallmprovemenfs
Plan for 2003 includes the following passage:
Jack Russell Stadium - The current lease with the
Philadelphia Phillies expires in 2004. Current plans
are to construct a new stadium on land contiguous
with the Carpenter Complex on U. S. 19. Downsize
the existing stadium to approximately 1,500 seats
and construct an additional full size field on the
site to be utilized as training/game facilities for AAU
Baseball prog rams that currently cannot be
accommodated. Utilize office space for Athletic
and Recreation Programming Managers.
Due consideration should be extended to this proposal. However,
it is unlikely that it will generate greater economic activity or overall
return than the current events at the facility, which include not only
18 to 21 Phillies Spring Training games each March (plus related
training during February), but also approximately forty ClealWater
Phillies minor league games from April through August.
However, a critical factor that bolsters the argument to maintain
the current uses is the current zoning designation for the property
- RIGS. This is a standard designation given within the City to
publicly-owned lands that are deemed to be of value as public open
space and/or recreation facilities. By many estimates, the populace
of the City is currently underserved by appropriately designated
and designed recreation and open space facilities. Removing one,
particularly of the size and stature of Jack Russell Stadium, is sure
to encounter some degree of resistance.
Such resistance can be anticipated because of City law mandate
that any proposal to de-accession public lands for sale to private
entities can only be carried out after approval by a simple majority
of the City's voters. In short, the decision to convert the Jack Russell
site to another use would have to be the subject of a City-wide
referendum. While ~ is entirely possible that a majority of the citizens
would approve of the demolition of the Stadium and the development
of alternative uses on the site, it seems clear that this issue should
not be taken to the public forum until considerable additional
research and analysis has been carried out and, in fact, one or
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more legitimate redevelopment proposals have been presented to
the City and community.
The Parks & Recreation department also has recommendations
for the re-use of the National Guard Armory site. As noted in the
same 2003 Capital Improvement's Plan document:
Acquire Armory for Recreation Programming
Infrastructure. Currently Recreation Programming
staff is spread out Msquatting" in several short-term
facilities to support storage and operational
requirements of the division. This location would
provide the square footage to completely support
the division and could be very cost feasible
(possible dedication). It is anticipated the National
Guard will vacate this area in 2-4 years.
Again, due consideration will be given to this proposal. Unlike the
previous recommendation, however, this suggestion seems to be
much more in keeping with the overall goals of this project. The
project team is recommending that the Armory structure be
maintained and kept as a functioning building. Ideally, the facility
will include a wide range of full-time and/or part-time employees,
some of whom may be drawn from the local community. The
additional traffic generated by these employees will also help
support nearby local businesses.
Gateways
Recent additions to the North Greenwood neighborhood stand to
increase the area's regional attractiveness. The branch library
serves an audience whose origins extend well beyond the
neighborhood limits; the Aquatic Center has an even larger potential
draw. While Clearwater and Pinellas residents looking to use these
facilities will certainly know how to reach them, the North Greenwood
neighborhood could also stand to gain through the design and
construction of a number of well-located neighborhood gateways.
As mentioned earlier, North Greenwood Avenue is not a through
street; it essentially peters out in a small residential enclave on the
south shore of Stevenson Creek. Palmetto Street, the other cross
axis of the neighborhood does connect from the east to the west,
but this street clearly serves as a neighborhood street rather than
a throughway. (To some degree, the relatively light amount of traffic
on these two streets is a desirable quality; ~ reduces noise and
traffic hazards. On the other hand, the library and the aquatic center
and future development on the Jack Russell stte are sure to i1laease
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the need for access and visibility. Overall, the combination of all
these facilities creates a node at the intersection of Palmetto Street
and North Greenwood Avenue that needs to be made easily
accessible.
This need can be addressed by the creation of three gateways as
well as coordinated signage. These gateways should be located
on the north side of the intersection of North Greenwood Avenue
and Drew Street, on the west side of the intersection of Palmetto
Street and Betty Lane, and on the east side of the intersection of
Palmetto Street and Myrtle Avenue. In the first two cases, such
gateways might include pylons on either side of the street with
some signage indicating the direction towards the new facilities;
additional elements could include new street pavers or other
decorative elements. (The ultimate design for these gateways
should be developed by the City in coordination with residents of
the North Greenwood neighborhood.)
The gateway at the intersection of Myrtle Avenue and Palmetto
Street will probably require some redesign and reconstruction of
the actual streets themselves. In fact, the extent of Palmetto Street
between Myrtte Avenue and North Greenwood Avenue will probably
need to be redesigned somewhat to accommodate potential
increased traffic. This right-of-way is relatively narrow and the
pavement is not well-maintained. While the road probably does
not need to be widened beyond two-lanes, the overall street section
does warrant improvement.
The City has already instituted a streetscaping program along North
Greenwood extending from Seminole Street, south of the
intersection with Palmetto Street all the way north to Marshall Street
Should funding become available, the City might consider
developing a similar streetscapingeffort along Palmetto Avenue,
running in an east-west direction.
Additional Neighborhood Improvements
As the market analysis indicates, there is not enough buying power
wi1hin the North Greenwood core neighborhood to currently merit
the development of any new retail facilities within the neighborhood.
In fact. many of the existing establishments along North Greenwood
Avenue are marginal at best, and it may be anticipated that some
of these will fail in the near future.
However, the recent additions of the branch library and the aquatic
facility will Increase outside traffic within the neighborhood. The
redevelopment of the Jack Russell site will also increase traffic,
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from both employees and visitors. The combined impact of these
new developments, coupled with the increased access to and
through the neighborhood, might be enough to warrant additional
commercial and retail development.
If this is the case, this new development should be concentrated
along North Greenwood Avenue, directly south of the Aquatic Center
and Library, or directly north of the Aquatic Center, across the street
from the North Greenwood Apartments.
As an additional step, the City should consider concentrating the
existing viable commercial uses found along North Greenwood
Street into a one- or possibly two-block area, just north of Palmetto
Street. Currently, the stretch of North Greenwood, between
Palmetto Street and Marshall Street, is a poorly utilized mix of
marginal retail and commercial establishments, vacant buildings
and empty lots. Concentrating the viable uses just north of Palmetto
Street would help create greater visibility and accessibility as well
as some critical mass. The remaining sttes along North Greenwood
should be rezoned for alternative uses, possibly multi-family and
home-based businesses, and designed in a coordinated way to
help foster a positive overall character for the street.
MyrtlelFort Hamson
The one location within the study area that receives considerable
though vehicular traffic is on the west side of the North Greenwood
neighborhood where Myrtle Avenue and Fort Harrison Street split
into a one-way pair. With traffic along Myrtle Avenue heading north
and traffic along Fort Harrison heading south, the triangle of land
created by their split receives consistently significant levels of auto
traffic throughout the day. This is a location where a' cluster of
retail and commercial development designed to serve both through
traffic and the North Greenwood neighborhood might be ablato
succeed. The project team recommends the assembly and
development of a two-to-three-acre stte in this area to support a
small community commercial center anchored by a village grocer
or phannacy. We understand that this is a long shot based on the
presence of competitive foodJdrug stores a few miles away and
tendencies of grocery store and drug store chains to build larger
stores serving larger market areas. An alternative is to develop
some type of specialty or themed commercial center In this location
,which may emphasize restaurants and/or specialty food stores or
be presented as an arts and crafts village serving the City at large.
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Housing Strategies
While the project team does not feel that the Jack Russell site should
be used for infill housing, it is clear that there are opportunities
within the study area for a variety of housing strategies. It is. also
clear that the on~oing and recurring 'upgradlng and redevelopment
of single-family dwellings within the North Greenwood neighborhood
is of critical concern to the members of the project Steering
Committee. .
In addition to the aforementioned multi-family developments
proposed for North Greenwood Avenue north of Palmetto, there
are many single-unit properties within the neighborhood, particularly
to the east of North Greenwood Avenue that need overall fix-up
and general improvements. The City could establish a program of
providing small- and medlum-scale home Improvement loans to
. qualifying homeowners within the neighborhood, along with
guidelines, recommendations and even workshops and. how-to
sessions.
A relatively small number of vacant lots also exist within the
community. Over recent years, community groups and nonprofit
organizations such as Clearwater Neighborhood Housing Services
. have been making steady progress in redeveloping these. sites.
The architectural quality of some of these Infill projects might warrant
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improvement, particularly to become more consistent with the
original character of the neighborhood. In addition, the City might
look for opportunities to diversify the size, scale and price of these
infill units, trying to mix smaller below-market homes with medium-
and larger-scale market rate homes.
The issue of infill housing and housing redevelopment has been
the subject of at least two previous neighbOrhood studies within
the past ten years. Both of the studies done by the Florida Center
for Community Design & Research were exhaustively researched,
and both still carry considerable legitimacy. In addition, it must be
acknowledged that considerable positive redevelopment and
improvement has occurred in recent years, much of it under the
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aegis of the Clearwater Neighborhood Housing Services. In short,
while there are still many areas where additional work is needed,
the neighborhood is in much better overall condition than it was
even ten years ago.
Such current efforts must be continued. In addition, the Project
Team anticipates considerable positive influence due to recent
government interventions - the North Greenwood streetscaping,
the new public library, and the new recreational facility. All of these,
plus the extensive redevelopment of the North Greenwood
Apartments, currently being completed by the Bank of America CDC,
are sure to draw additional traffic into and through the
Neighborhood. This increased visibility should, of its own accord,
lead to some degree of increased investment within the
neighborhood. Additional economic development efforts, focused
on the Jack Russell site, will further stimulate investment much of
which will occur at the level of the individual homeowner or buyer,
and will be directed towards improving the housing stock within the
community.
IV Implementation
Development Projects
Several potential development projects in the North Greenwood
neighborhood have been identified by the project team. These
are:
1. Redevelopment of the 16-acre Jack Russell site for a mix
of medical and residential uses, such as an assisted living
facility for seniors and associated health care facilities.
(Note: This is the project team's preferred alternative, but
others may also be pursued by the City and oommunity).
2. Development of a small commercial center in the range of
8,000 to 12,000 square feet adjacent to or near the North
Greenwood AvenuelPalmetto Street intersection and the
redeveloped Jack Russell site and renovated Greenwood
Apartments.
3. Development of a larger commercial center in the range of
20,000 to 30,000 square feet In the Myrtle AvenueJFl
Harrison AvenueIPalmetto Street area, anchored by a small
grocer and/or dNg store, or developed as a specialty or
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themed retail center for restaurants and specialty food
stores and/or an arts and crafts village concept.
4. Development of small multifamily residential and home-
based business clusters on North Greenwood Avenue
generally north of LaSalle Street to replace existing
marginal commercial uses and vacant lots.
5. Improve Palmetto Street from Myrtle and Ft. Harrison
Avenues and selected other key streets as gateways to
the North Greenwood neighborhood to increase traffic and
visual access to otherwise isolated potential development
sites.
Redevelopment of the City-owned Jack Russell site would have
the greatest impact on North Greenwood, as it would provide both
local employment and additional residents to support local stores
and services, while being comparatively easy to implement because
of its single public ownership.
Recommended Priorities
Recommended priorities for various actions needed to benefit North
Greenwood are outlined below. Many of these are predicated on
the redevelopment of the Jack Russell site for a use or uses other
than continuation and reuse of the existing stadium. Obviously, if
the City opts to retain and possibly downsize the stadium and
grounds as a sports, recreation, and entertainment venue, many
of the actions and priorities outlined below will be no longer relevant
Phase One (2003-2004)
1. Develop and issue an RFP to solicit interest and
development, reuse, and financing concepts from qualified
developers.
2. Select and contract with a development team to plan and
redevelop the Jack Russell site.
3. Raze the stadium and prepare the site for redevelopment;
initiate redevelopment
4.
Improve the Palmetto Street gateway from the east
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Phase Two (2005-2007)
5. Reuse the Armory site as a specialized occupational
training center use compatible with the redeveloped Jack
Russell site.
6. Complete redevelopment of the Jack Russell site.
7. Redevelop property on North Greenwood Avenue for a
small commercial center.
8. Improve the Palmetto Street gateway from the west.
Phase Three (2008-2012)
9. Improve the North Greenwood Avenue gateway from the
south.
10. Redevelop property in the Myrtle Avenue/Ft. Harrison
AvenuelPalmetto Street area for a neighborhood or
. specialtylthemecJ commercial center.
11. Redevelop marginal commercial and vacant properties on
North Greenwood Avenue for multifamily residential and
home-based business uses.
. Priorities reflect a combination of their importance to the community
and ease of implementation.
Public Funding Needs
Implementation of development concepts and opportunities
presented herein will require public funding and changes in land
use regulations to leverage and stimulate private investments the
North Greenwood neighborhood. There is little motivation, at
present to invest private capital in starting new businesses and
improving and expanding housing in North Greenwood when there
appear to be better opportunities for less risky investments in other
areas of the city and county.
Thus, it is up to the public sector, as it is so often in the case in
older urban neighborhoods, to demonstrate that North Greenwood
is worthy of investment - publiC and private.
To a great extent, the public sector has demonstrated its willingness
to invest in North Greenwood, with significant investments In the
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new recreation and aquatic center and the new branch library. The
private sector has also stepped up with the renovation of the nearby
Greenwood Apartments by the Bank of America Community
Development Corporation.
Additional public investments are needed, however, in three key
areas:
1. Acquisition and assembly of land in and adjacent to the
neighborhood in parcels large enough to accommodate
and attract marketable private developments.
2. Improvement of rights-of-way and related utility
infrastructure to the extent necessary to serve these
development sites and provide traffic gateways into the
otherwise isolated neighborhood.
3. Incentive grants and loans to small businesses,
homeowners, and landlords to promote private investments
in improving individual residential and commercial
properties in the neighborhood.
Reuse of the Jack Russell site, attraction of commercial
development nearby and to the Myrtle Avenue/Ft. Harrison Avenue!
Palmetto Street area, improvement of gateways, and upgrading of
other sections of North Greenwood, all require public funding to
leverage private investment and overall community improvement.
Fortunately, the City-owned Jack Russell site affords the opportunity
to offer a large tract (16 acres) under single ownership to the private
sector for reuse and development. While public acquisition and
relocation costs are not an issue in this case, clearing the site and
improving streets and utilities surrounding and serving the site, as
may be needed, represent cost burdens to the. City. Once the
existing stadium has been demolished, the costs to actually prepare
the site for new development should not be that expensive. The
cost of demolishing the existing stadium, however, is difficult to
predict at present Older facilities such as this, often incorporated
materials such as asbestos, the removal of which could significantly
increase demolition costs. Additional environmental tests would
also have to be carried out in preparation for razing the structure.
The presence of subterranean toxins would also necessitate
additional, expensive remediation measures.
Other smaller projects will require acquisition and assembly of
properties, which may cost in the order of $150,000-$200,000 per
acre, including relocation costs. Potential projects requiring land
acquisition and assembly include:
32
1. A small convenience retail/service center adjacent or near
to the Jack Russell site. This would require a site of
approximately one acre, perhaps more, depending on-s~e
parking requirements and the availability of on-street
parking. This would be primarily a walk-to center where
off-street parking requirements could be minimized.
2. A larger neighborhood retaiVservice center in the Myrtle
Avenue/Ft Harrison Avenue! Palmetto Street area. This
would require a site of approximately two-to-three areas in
area.
3. Redevelopment of existing marginal commercial and
vacant properties on the remainder of North Greenwood
Avenue for multifamily residential and home-based
business uses. This redevelopment concept may involve
properties totaling approximately four acres in area, more
or less.
These three redevelopment projects may require acquisition and
assembly of up to eight acres, costing an estimated $1.2-$1.5
million, including relocation costs. In addition, gateway
improvements including streetscape enhancements, street paving,
and right-of-way adjustments can cost from several hundred
thousand to several million dollars. Thus, total acquisition and
improvement costs could conceivably extend from $2.0 - $4.0 million
depending on scale, intensity and overall quality. (These numbers
should be taken as rough estimates, at best, and they exclude the
cost of incentive grants and loans to businesses and owners of
residential properties.)
Potential Funding Sources
The City of Clearwater has several sources available to fund
redevelopment activities, including local property-related tax and
assessment sources and Federal and state grants. Local tax and
assessment sources include tax increment financing and special
assessments. Federal and state sources include CDSG
(Community Development Block Grant) and HOME (Home
Investment Partnership Grant) funds from the U.S. Department of
Housing and Urban Development and SHIP (State Housing
Initiatives Partnership) funds from the Florida Department of
Community Affairs.
Clearwater is a CDSG entitlement city, in that it receives annual
Federal funding allocations, which it uses for a variety of
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improvement projects and programs. The City also receives annual
allocations of SHIP funds. North Greenwood competes with other
areas of the City for shares of these funds. For FY02.o3, the City
will receive an estimated $1,538,000 in COSG and HOME funds
and another $889,505 in SHIP funds, which are already budgeted
for various purposes.
Locally-raised funds such as special assessments require property
owners to agree to assess themselves for the cost of neighborhood
improvements. These assessments would place additional burdens
on property owners, which in North Greenwood have comparatively
limited incomes. On the other hand, tax increment financing is
painless to the property owner in the tax increment district. but
burdens the City and county at large by diverting tax revenues on
the increased value of real property in the tax increment district
from general funds to the district.
Downtown Clearwater is an existing tax increment district, one of
many in Pinellas County. Tax revenues on the inaeased value of
real estate in this district do not accrue to the City or County for
general fund spending, but rather are. retained in a separate City
fund to be spent only in the district. Tax revenues to the School
District are unaffected. For FY02.o3, the downtown tax increment
district will receive an estimated $813,722 in tax increment
revenues.
North Greenwood is adjacent to the downtown tax increment district,
but not included in the district. Realities are that tax increment
revenues generated in the downtown area are less than the needs
of the area, property values in North Greenwood are unlikely to
increase to the extent that would generate significant tax increment
revenues, and Pinellas County is likely 10 object to expanding areas
having tax increment status. .
On the other hand, extending tax increment district status 10 North
Greenwood would allow the City to use inaement revenues as
incentives for private developments. For example. projected tax
revenues from the reuse of the Jack Russell s~e could be used to
help finance site improvements and on-site job-related incentives.
For example, redevelopment of the site could increase the taxable
value of the property by S 1 0 million or more, which would result in
annual tax increment revenues of approximately S 110,000 or more.
All or a portion of this amount could be used to help leverage
redevelopment of the site.
In addition, designation of North Greenwood as a Community
Redevelopment Area and Tax Increment District may promote
34
greater levels of investment by area banks seeking to meet their
Community Reinvestment Act goals.
Recommended Follow-up Actions
A number of actions should be undertaken by the City of Clearwater
and others, as appropriate, to implement the strategies ouUined in
this report. These actions include:
Jack Russell Site Reuse
Develop and issue a Request for Proposals from qualified
private developers for reuse of the Jack Russell site. The RFP
should define the various reuse options considered by the City
(i.e., this report), potential public financial incentives (land price
disoounts, land donations, infrastructure assistance, etc.), and solicit
qualifications, reuse concepts and rationale, and proposed sources
and types of developer financing.
Unless determined to be totally out of the question by the
City and neighborhood, the City and neighborhood representatives
should at least conduct initial explorations of the assisted living/
health care concept with key housing and health are agencies and
organizations which may have a potential role in the development
and operation of such facilities. Agencies and organizations include:
Pinellas County Housing Authority
Clearwater Housing Authority
Morton Plant Hospital
Other private-sector Health Care providers
Prepare a public referendum to de-accession the publicly-
owned property, and convert the existing OSIR zoning to
a more applicable zoning category.
Demolish the stadium and prepare the site for reuse.
Finalize negotiations with selected developer/provider for
acquisition of the property.
Community Commercial Center
Survey grocery and drug store chains as to their potential
interest in a North Greenwood area location. Explore their
use of small urban store models. Potential chains include:
IGA (Independent Grocers Association)
SuperValu stores (food wholesalers and grocers
in small markets)
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Fleming Foods (food wholesalers and grocers in small
markets)
Harris-Teeter (have a small Express model)
Survey existing local independent grocery/drug store
operators to determine their potential interest in expanding
or relocating.
Identify a 2-3 acre site for a small commercial center in the
Myrtle Ave.lFt. Harrison Ave./Palmetto Street area. Assess
potential acquisition and site preparation costs and
vehicular and pedestrian access issues.
Rezone as necessary and prepare conceptual site plans
to illustrate potentials for a food or drug anchored
neighborhood shopping center, or, failing to succeed with
the above actions, for a specialty or themed retail village
which could focus on restaurants and specialty foods and/
or arts and crafts.
Community Gateways
Work with neighborhood groups to devise acceptable
conceptual plans for gateways in each of the three
identified locations
Develop formal plans for each of the three gateways,
using either in-house staff or outside design
professionals
Construct the gateways, based on a mutually agreed upon
timetable
North Greenwood Avenue Commercial Cluster
Inventory property ownerships between Palmetto and
LaSalle Streets on the west side of North Greenwood
Avenue, and assess potential acquisition and site
preparation costs.
Solicit bids from local private or nonprofit developers to
construct a mixed-use commercial center on the selected
property
36
North Greenwood Avenue Corridor Redevelopment
Inventory property ownerships between Palmetto Street
and Marshall Street on both the east and the west sides of
North Greenwood Avenue, and assess potential acquisition
and site preparation costs.
Assess the viability of alternative methods of acquiring
these properties.
Establish an overlay design district and develop guidelines
for new development
Solicit assistance of local private and nonprofit developers.
General Neighborhood-Wide Housing Initiatives
Inventory property within the neighborhood to identify
properties ready for demolition and redevelopment as well
as properties that are candidates for small-scale
improvements
Assess the validity of strategies developed in earlier
housing planning efforts (in particular the USF study from
1993/94) for application to specific properties
Establish a revolving grant fund for small-scale structural
and aesthetic improvements; make funds available to
qualified applicants
Acquire and demolish identified problem properties
Work with local private and nonprofit developers to
redevelOp these cleared properties with appropriately
scaled and designed infill single-family houses
General Design Initiatives
Assess the validity of strategies and design criteria
developed in earlier planning efforts (in particular the USF
study from 1993/94) for application to specific properties
Re-confirm, adapt or revise guidelines and design
standards as necessary
Promulgate guidelines and standards to all interested
private and nonprofit developers
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APPENDIX
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TABLE OF CONTENTS
Section and Title
1. Introduction and Summary
1 .1 Objectives and Scope of Report
1.2 Key Findings and Recommendations
2. Community Commercial Development
2.1 Overview
2.2 Existing Development
2;3 Market Potentials
2.4 Development Strategy
3. Economic Development
3.1 Overview
3.2 Existing Development
3.3 Market Potentials
3.4 Development Strategy
North Greenwood Economic OppoltunlU..
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1. INTRODUCTION AND SUMMARY
1.1 OBJECTIVES AND SCOPE OF REPORT
This report presents findings and recommendations with respect to locally-oriented
commercial development and job-producing economic development opportunities in or
benefitting the North Greenwood community and adjacent areas of Clearwater. There are
three principal areas of study:
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o Community Commercial Development. Review of needs and opportunities to
develop viable clusters of community-oriented stores and services serving the North
Greenwood area, including prospects for revitalizing the Greenwood Avenue
commercial core.
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o Economic Development. Review of job-generating activities which may be
possible to promote within or in proximity to the North Greenwood area.
o Catalytic Projects. Identification of key community commercial and economic
development projects or actions with reasonable prospects for success or which
would otherwise benefit and impact adjacent properties and the community at large.
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1.2 KEY FINDINGS AND RECOMMENDA TIONS
1.2.1 Community Commercial Development
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The North Greenwood Market Area has a 2002 estimated population of 7,102, most living
in an estimated 2,774 households. The Neighborhood Core Area has an estimated 2002
population of 3,414 and an estimated 1,250 households. Expenditures by Market Area
households could support an estimated 98,000 square feet of locally-oriented retail space
if such space was available. Largest local spending categories are food/groceries ($10.0
million), eating out ($4.4 million), drugs ($3.3 million), and personal care products and
services (e.g., beauty shops, laundries, etc.) ($1.7 million).
These levels of local spending would support one junior supermarket, five to seven
restaurants, one full-size drug store, one or two stores serving and selling alcoholic
beverages, and another ten to fifteen small shops, and/or a small general merchandise
store. Existing stores and services in the general area already satisfy much if not all of this
potential demand, but perhaps not as conveniently if new stores and services were
available locally and provided improved service and selection to those already present.
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North Greenwood Economic OpportunlUes
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North Greenwood Economic Opportunities
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Opportunities to attract a major chain food/grocery store or drug store to the Market Area
are limited because of the presence of other stores within two miles and the marginal size
of the local population base. However, there may be a niche opportunity to attract a grocer
in the 10,000 to 15,000 square foot range, which is an emerging model for older urban
locations, an/or a pharmacy not represented in the market. To attract such retailers will
require focused and sustained marketing, but it may be the catalyst needed to stimulate
other retail investments.
Best opportunities for locally-oriented commercial development benefiting residents of the
North Greenwood neighborhood and the larger Market Area are afforded by identifying and
developing locations on high traffic streets on the edges of the neighborhood, such as N.
Myrtle Ave. Basic elements of a commercial development concept for the area are:
CJ Assemble a two-to-three-acre parcel of land near the intersection of N. Myrtle
Avenue and Palmetto Street to develop a neighborhood shopping center or village
in the range of 20,000 square feet, and seek a small food market/grocery store or
pharmacy to anchor this location. One option would be to approach existing
independent operators in the area to relocate to and expand in this location. An
alternative development concept, if a more conventional neighborhood center
cannot be developed, is a specialty or themed retail village with restaurants,
specialty food stores, and/or arts and crafts stores and studios.
CJ Shrink the length of the N. Greenwood Avenue commercial area to an area of only
one or, at maximum, two blocks long near the Palmetto Street intersection. This
location is preferred because of its proximity to redevelopment opportunities for the
Jack Russell stadium property and the adjacent renovated Greenwood Apartments.
CJ Encourage conversion of existing developed and vacant commercial properties
along N. Greenwood Avenue to the north to higher density residential and home-
based business uses, including affordable town homes and live-work units for
neighborhood residents.
CJ Improve Palmetto Street from N. Greenwood Avenue and N. Myrtle Avenue, and
extend it to N. Ft. Harrison Avenue to further promote linkage between periphery
and core and establish Palmetto Street as a key "front door" or gateway to the
neighborhood core and Jack Russell stadium site. Encourage compatible. mixed
commercial and residential mixed uses in this east-west corridor.
Commercial investment in the North Greenwood area will be dependent on actions and
concepts such as these. The objective is to stimulate a market for private investment and
business where none is presently perceived by clustering commercial activities in key
accessible, visible, and sustainable locations, while improving their character and appeal.
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1.2.1 Economic Development
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The objective of economic development is the attraction and expansion of activities which
provide convenient sources of sustainable employment at good wage levels to local
residents. The most obvious types of development to consider are industrial, office, and
institutional in nature. The principal opportunity for economic development in the North
Greenwood area is the 16-acre Jack Russell Stadium site. Redevelopment of this key
property will also help stabilize the North Greenwood neighborhood and reverse the
downward direction of the commercial core.
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All three types of reuse. as well as using the site to expand housing opportunities in the
neighborhood, will require the demolition of the existing stadium and clearance of the site.
The site must also be priced competitively or used as leverage to be of interest to
developers and users. In this case. pricing would have to be well under prevailing market
rates in order to be competitive, given a generally isolated unproven market in the area.
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The stadium site does not have the natural attributes of a prime industrial site. Moreover,
most new Industrial development in the County is occurring in areas to the south where
there is much greater supply of accessible sites. A further drawback is the absence of
existing building space which would expedite start-up. The same could be said for office
development. Downtown is growing primarily west and south. Speculative developers of
office space will prefer the more proven south side of downtown.
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The most marketable reuse opportunity for the site. in URBANOMICS' opinion. is
institutional, including some combination of group residential and health care facilities for
the aging local and regional population. Clearwater and Pine lias County are characterized
by large numbers of older residents; numerous retirement, assisted living. and nursing care
facilities for this population; and various public. private. and faith-based sponsors.
URBANOMICS considers an assisted living facility for seniors with associated nursing and
health care facilities and services an optimal long-range reuse option for the stadium site.
The site can accommodate a facility for up to 400 residents. which can be phased over time
based on demand. Facilities of this type are available infrequently to the low income
population. as most are market rate. Given types of financing available. including tax
credits and Medicaid waivers, a market rate standard of facilities and services can be
provided to the low income elderly. which is a sizeable segment of the senior population.
An assisted living and health care facility of this nature and scale could generate 200 or
more jobs ranging from administrative and professional personnel to food service and
housekeeping personal and medical aides. This level of employment is comparable to that
which most industrial development would generate for the same size of site. This type of
reuse would also stimulate and sustain businesses on nearby properties.
North Greenwood Economic Opportunities
1-3
North GfHnwood Economic Opportunltle.
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While URBANOMICS considers this reuse concept well suited to the site and an attractive
market niche, residents have voiced strong disapproval of the idea at various community
meetings. They perceive the recommended low income orientation of the project and the
types of jobs created as inconsistent with their desire to upgrade the community and
improve the quality of employment opportunities for residents.
Job-creating economic redevelopment of the site appears to be a less critical need to
residents than first believed. Indeed, many would like to see the property remain in public
use as a recreation and entertainment venue, as desired by the City's Parks Department.
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2. COMMUNITY COMMERCIAL DEVELOPMENT
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2.1 OVERVIEW
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This section focuses on opportunities to develop viable clusters of community-oriented
stores and services serving the North Greenwood area. These include prospects for
revitalizing the N. Greenwood Avenue commercial core.
Two areas are defined as the basis for analysis of commercial opportunities:
o Market Area. This area is defined by Sunset Point Road, Betty Lane, Drew Street,
and Clearwater Harbor, and constitutes the North Greenwood area (Figure 1).
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o Core Area. The core area is bounded by the Pinellas Trail, Stevenson Creek, Betty
Lane, the railroad, N. Greenwood Avenue, and Drew Street, and approximated the
North Greenwood neighborhood as defined by the City of Clearwater (Figure 2).
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Existing business and resident expenditure patterns within these area provide the basis for
assessment of needs and opportunities for locally-oriented commercial development.
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2.2 EXISTING DEVELOPMENT
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Most existing business activity is found along streets on and near the edges of the North
Greenwood area, including Drew Street, N. Ft. Harrison Avenue, and N. Myrtle Avenue.
There are also a number of businesses located along and near N. Greenwood Avenue.
Those located along streets at the edges of the neighborhood consist of a wide range of
retail stores and services, many of which serve a broader than local market due to the
"through" traffic nature of these streets. Their comparatively high traffic volumes also make
these locations conducive to commercial development.
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N. Greenwood Avenue, in contrast, Is a local street with comparatively light traffic, which
limits commercial opportunities to the immediate neighborhood. Businesses are scattered
along N. Greenwood Avenue, most of which are located In a six-block long area between
Marshall Street and Seminole Street. Pinellas County Property Appraiser records show
approximately 750 feet of street frontage classified as developed commercial property. The
aggregate area of lots having this classification Is' approximately 1.8 acres. Similar amounts
of frontage (800+ feet, 1.6 acres) are classified as vacant commercial land. Developed
commercial frontage represents only one fourth of total street frontage In this section of N.
Greenwood Avenue, Indicating the following conditions:
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North Greenwood Economic Opportunities
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CJ The immediate neighborhood market is insufficient to support commercial activity
in the core area (indeed, several existing businesses appear marginal).
CJ The commercial core is too elongated to support and sustain efficient and mutually
reinforcing clusters of local business activity. North Greenwood is not unlike most
older urban neighborhoods, where small neighborhood-serving stores and shops
have given way to large retailers and shopping centers in high traffic locations
central to several neighborhoods.
2.3 MARKET POTENTIALS
Demand for local goods and services is a function of several factors: size of the local
population, their incomes and spending potentials, and presence or absence of existing
stores and services in or serving the local area.
The Market Area, as defined, has a 2002 estimated population of 7,102, most living in an
estimated 2,774 households. The Core Area has an estimated 2002 population of 3,414
and an estimated 1,250 households. More than half the households in the Core Area (54
percent) have incomes below $25,000 per year (see Table 2-1). However, only 19 percent
of Market Area households outside the Core Area have incomes less than $25,000 per
year. Thirty-one percent of Core Area households have annual incomes between $25,000
and $50,000. The fraction is slightly larger for Market Area households outside the Core
Area (35 percent). Only 15 percent of Core Area households have annual incomes of
$50,000 and over, compared to 25 percent of households outside the Core Area.
Expenditures by Market Area households could support an estimated 98,000 square feet
of locally-oriented retail space if such space was available (see Table 2-2). Spending by
Market Area households for food, drugs, motor fuel, clothing, household goods, personal
products and services, and eating out totals an estimated $48.5 million annually, of which
$26.5 million could be spent within the Market Area if stores and services were available.
Largest categories are food/groceries ($10.0 million), eating out ($4.4 million), drugs ($3.3
million), and personal care products and services (e.g., beauty shops, laundries, etc.) ($1.7
million). This potential local spending could support the following:
CJ 36,400 square feet of space for food and household supplies
c:J 17,800 square feet of space for eating out
c:J 10,850 square feet of space for drugs and related prOducts
c:J 8,550 square feet of space for personal care products and services
CJ 6,450 square feet of space for household goods and equipment
CJ 4,650 square feet of space for apparel - women's, children's, footwear, etc.
c:J 4,500 square feet of space for the sale and consumption of alcoholic beverages
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These spaces are equivalent to one junior supermarket, five to seven restaurants, one full-
size drug store, one or two alcoholic beverage stores, and another eight to twelve small
shops, and/or a small general merchandise store (Dollar General scale).
A finding that such potential exists is not unusual, but existing stores and services in the
area and nearby are likely to already satisfy much if not all of this potential demand, but
perhaps not as conveniently if new stores and services were available locally and provided
improved service and selection to those already present.
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Opportunities to attract a major chain food/grocery store to the Market Area are limited
because of the presence of other large stores within two miles and the marginal size of the
local population base. However, there may be a niche opportunity to attract a facility in the
10,000 to 15,000 square foot range, which is an emerging model for older urban locations
as this. Harris-Teeter, for example, has an "Express" store in the 11,000 square foot range.
IGA food/grocery stores typically are In this range. Other than large store chains already
in the market (e.g., Albertsons, Kash-N-Karry, Publlx, Winn-Dixle), firms serving smaller
markets such as Fleming Foods and SuperValu may have some interest.
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Expenditure estimates also support a full-size drug store. Although Eckerd Drug is already
represented in the area, they should be approached as a potential candidate, as should
Walgreens. Chains represented locally to a lesser extent, including CVS, can also be
alerted to the opportunity in the North Greenwood area.
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Attraction of such retailers to the North Greenwood area will require a focused and
sustained marketing effort, but may be the catalyst needed to signal opportunities for other
retail investments in the area. Market prospects for locally-oriented commercial
development are enhanced if retailers can draw from the larger more affluent Market Area
in locations convenient to this area. Thus, best opportunities for residents of the North
Greenwood neighborhood and the larger Market Area are afforded by identifying and
developing locations on high traffic streets on the edges of the neighborhood, such as N.
Myrtle Avenue and N. Ft. Harrison Avenue.
J
2.4 DEVELOPMENT STRA TEGY
,)
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Basic elements of a commercial development strategy for the area are:
CJ Assemble a two-ta-three acre parcel of land near the intersection of Palmetto Street
and N. Myrtle Avenue for development of a neighborhood shopping center in the
range of 20,000 square feet, and seek a small food market/grocery store or drug
store as an anchor. One option would be to approach existing local operators in the
area to relate to and expand to this location.
North Greenwood Economic Opportunltl..
2.3
North Greenwood Economic Opportunities
2-4
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An alternate development concept, if a more conventional neighborhood center
cannot be developed, is a specialty or themed retail village with restaurants,
specialty food stores, and/or arts and crafts stores and studios.
o Shrink the elongated size of the N. Greenwood Ave. commercial area to an area of
only one or, at maximum, two blocks long near the Palmetto Street intersection.
This location is preferred because of its proximity to redevelopment opportunities for
the Jack Russell stadium property (see Section 3), its adjacency to the renovated
Greenwood Apartments, and to capitalize on opportunities to improve Palmetto
Street as a "front door" (gateway) to the North Greenwood core area and key link
to N. Myrtle and N. Ft. Harrison Avenues.
o Encourage conversion of existing developed and vacant commercial properties
along N. Greenwood Avenue to the north to higher density residential and home-
based business uses, including affordable town homes and live-work units for
neighborhood residents. This would require the City to purchase and assemble
properties, relocate existing owners and tenants, and market the assembled
properties to developers. Existing business owners and merchants can be
encouraged to move to the Palmetto Street location and/or the new center at N.
Myrtle and N. Ft. Harrison Avenues.
o As part of the improvement plan for Palmetto Street, encourage new commercial
and residential mixed use development between N. Greenwood Avenue and N.
Myrtle Avenue to further promote and solidify the linkage between periphery and
core and establish Palmetto Street as an entrance to the core and Jack Russell
stadium site.
Commercial investment in the North Greenwood area will be dependent on actions and
concepts such as these. The objective is to stimulate a market for private investment and
. business where none is presently perceived by clustering commercial activities in key
accessible, visible, and sustainable locations, while improving their character and appeal.
I
I TABLE 2-1. MARKET AND CORE AREA HOUSEHOLDS BY INCOME GROUP, 2002
I Core Area Market Area Core Area
Household Percent of Percent of Percent of
I Income Range ($) Households Total Households Total Market Area
Less than 15,000 349 27.9 639 23.0 54.6
I 15,000 - 24,999 320 25.6 643 23.2 49.8
25,000 - 34,999 178 14.2 424 15.3 42.0
I 35,000 - 49,999 210 16.8 501 18.1 41.9
50,000 - 74,999 163 13.0 404 14.6 40.3
I 75,000 - 99,999 18 1.4 71 2.6 25.4
100,000 and over 12 1.0 92 3.3 13.0
I TOTAL 1,250 - 2,774 - 45.1
.
I Source: Claritas, Inc.; and URBANOMICS, 'Inc.
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I North Greenwood Economic OpportunIU.. 2-5
.
North Greenwood Economic Opportunities
2-6
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TABLE 2-2. NORTH GREENWOOD MARKET AREA RETAIL POTENTIAL, 2001
Annual Total Spending Spending Space
Spending Spending Near in Area Needed
Product or Service per HH ($) ($000) Home (%) ($000) (SF)
Food/groceries (home) 3,810 10,569 95 10,040 33,500
Food service (restaurants) 2,697 7,481 50 3,741 14,950
Alcoholic bev. (away) 515 1 ,429 50 714 2,850
Alcoholic beverages (home) 507 1 ,406 95 1,355 4,500
Drugs (Rx and OTC) 1,236 3,429 95 3,255 10,850
Household supplies 221 613 95 580 2,900
Personal care prod/services 648 1,798 95 1,710 8,550
Home fumishings/decor 318 882 25 220 1,450
Furniture 352 976 25 245 1,650
Major Appliances 205 569 10 57 350
HH equipment & housewares 648 1,798 25 450 3,000
Women's apparel 718 1,992 10 200 1,350
Footwear 290 804 10 80 500
Other apparel & services 1,510 4,189 10 420 2,800
TV, radio & sound equip. 1,004 2,785 25 695 2,800
Reading materials 278 771 50 385 1,900
HH services & repairs 738 2,047 25 510 NA
Gasoline 893 2,477 50 1,240 NA
Auto maintenance & repair 892 2,474 25 620 4,100
TOTALS 17,480 48,490 55 26,515 98,000
Notes:
(1 )
(2)
HH - households
Space needs are based on sales factors ranging from $150 to $300 per square foot.
Source: Claritas, Inc., and URBANOMICS, Inc.
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FIGURE 1. NORTH GREENWOOD MARKET AREA
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Source: Claritas, Inc.; and URBANOMICS, Inc.
I
FIGURE 2. NORTH GREENWOOD CORE AREA
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0.14
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Source: Claritas. Inc.; andURBANOMICS, Inc. -
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3. ECONOMIC DEVELOPMENT
3.1 OVERVIEW
Commercial development opportunities (reviewed in Section 2) differ from economic
development opportunities in that the main objective of commercial development is to
expand the availability of convenience goods and services to local residents, whereas the
focus of economic development is on the creation of jobs for these residents. Expansion
of commercial facilities also provides jobs (and entrepreneurial opportunities), but these
jobs typically are low wage, in contrast to economic development in which attraction of
higher paying jobs is an important objective.
The two also differ in another way. Demand for local stores and services is driven by needs
of the resident population, whereas the types of activity sought in the context of economic
development are not dependent on the local market and, therefore, have the freedom to
locate where they can operate in an efficient and cost-effective manner. Financial
incentives often play a role in the ability of a community to attract industrial and other
activities representative of the economic development market.
The objective of this section, therefore, Is to identify and assess realistic opportunities to
attract industrial and/or other activities into the area to expand availability of higher-paying
jobs convenient to local residents. The most obvious types of economic development to
consider, at least initially, are industrial, office, and institutional employers.
3.2 EXISTING DEVELOPMENT
All three of these types of development are represented in and near North Greenwood.
County and municipal government offices and the offices of numerous private firms are
located nearby in downtown Clearwater. The nearby Morton Plant Hospital and Church of
Scientology are representative of the institutional sector. Indeed, Morton Plant operates a
satellite facility on N. Myrtle Avenue in the North Greenwood Area. A number of small
industrial firms are also found in the area south of Seminole St. and located along or near
the CSX rail line. This Industrial area is unplanned and unattractive, but does offer a low-
cost environment for a variety of small firms, including some high-tech firms which may
have potential to grow into large employers in the future.
The North Greenwood Market Area, as defined in Section 2, has an estimated resident
labor force of 3,100 and an employment base of 2,300, the majority of which (1360+) is in
the services sector (see Table 3-1). Industrial sectors within the Market Area employ an
North Greenwood Economic Opportunities
3.1
North Greenwood Economic Opportunities
3-2
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estimated 500 workers, including 248 in manufacturing, 169 in construction, and 7.7 in
wholesale trade. The vast majority of existing industrial jobs is south of Seminole St.
Pinellas County has one of the largest industrial employment bases in Florida, including a
number of large electronics and communications firms. Most industrial development in the
County, including the newest planned business parks, is located south of Clearwater from
Largo to Pinellas Park. Clearwater has a substantial amount of industrial activity, most of
which is located along Hercules Road north of Drew Street. This area is an older
haphazardly developed, nearly built out Industrial district with little room for expansion.
3.3 MARKET POTENTIALS
The North Greenwood area has a virtually non-existent supply of vacant land suitable for
industrial development, or any type of economic development, nor are there any vacant
sizeable parcels in the vicinity. The one real opportunity for economic development in the
area is the Jack Russell Stadium site on the east side of N. Greenwood Avenue between
Palmetto and Seminole Streets. This 16-acre site, which may be available for other use
when the MLB Philadelphia Phillies and their Minor League affiliate move to the new
stadium site on U.S. 19 in 2004, represents a major potential economic development
opportunity for the North Greenwood area.
The question is what type of opportunity and reuse makes most sense for this property -
industrial, office, or institutional, or continued recreational use. If economic development
(Le., job creation) is the overriding consideration, industrial, office, or institutional reuse
makes the most sense. Redevelopment of this key property will also help stabilize the
North Greenwood neighborhood and reverse trends in the commercial core.
Clearwater has a shortage of sites for industrial development, but the stadium site does not
have the natural attributes of a prime industrial site, principally ease of access to/from
major highways. Moreover, most new industrial development in the County is occurring in
areas to the south where there is much greater supply of accessible sites. A further
drawback is the absence of existing building space which would expedite start-up. The
presence of such space would help offset the competitive disadvantages of the location.
The same could be said for office development. Although close to downtown Clearwater,
locations. south of Cleveland and Court Streets are preferred for redevelopment and
expansion. Downtown is growing, however slowly, primarily west and south. A large user
desiring to be close to downtown may view the stadium site as an opportunity, but this is
considered a long shot at best. Speculative developers of office space are likely to have
little interest in the site, preferring to speculate In more proven markets on the south side
of downtown or in suburban locations.
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The most marketable reuse opportunity for site, in URBANOMICS' view, is institutional,
including a combination of group residential and health care facilities for the aging local and
regional population. Clearwater and all of Pinellas County are characterized by large
numbers of older residents; numerous retirement, assisted living, and nursing care facilities
for this population; and various public, private, and faith-based sponsors. There are an
estimated 70 licensed assisted living facilities in the Clearwater area totaling 2002 beds.
Eighty-four percent have fewer than 50 beds and 56 percent have fewer than 10. Eight
facilities in the North Greenwood vicinity (Zip Code 33755) total 76 beds (see Table 3-2).
3.4 DEVELOPMENT STRA TEGY
All three reuse alternatives discussed above (Le., industrial, office, and institutional), as well
as using the site to expand housing opportunities in the neighborhood, will require the
demolition of the existing stadium and clearance of the site. The site must also be priced
competitively or used as leverage to be of interest to developers and users. In this case,
pricing would have to be well under prevailing market rates in order to be competitive, given
a generally isolated unproven market in the area.
URBANOMICS' considers an assisted living facility for the elderly, with associated nursing
and health care facilities an optimal long-range reuse option for the stadium site. The site
can accommodate a facility for up to 400 residents, which can be phased over time in
increments of 100 or more based on demand. Care of Alzheimer's patients could be among
the many features of this development.
Facilities of this type are available infrequently to the low income population, as most are
market rate. Given type of financing available, including tax credits, state supplements
(OSS), and Medicaid waivers, it is possible to provide a market rate standard of facilities
and services to the low income elderly, which is a sizeable and growing segment of the
senior population. Pinellas County has one of the highest such populations in Florida (see
Table 3-3). Of a total of 2002 licensed beds in Clearwater, only 125 (six percent) are
available to low income residents.
An assisted living and health care facility of this nature would require approximately one
plus staff member per two residential units or beds. Thus, a facility with 400 units/beds
. would generate 200 plus jobs, which is comparable to industrial development for the same
site area. Jobs would range from administrators and health care professionals In the higher
wage ranges to food service and housekeeping personnel and medical aides in the lower
wage ranges. This type of development can also serve to stimulate and sustain businesses
on nearby properties, where staff and ambulatory residents can shop for convenience items
and services from food to personal care services.
North Greenwood Economic Opportunities
3.3
While URBANOMICS considers this reuse concept well suited to the site and an attractive
market niche, residents have voiced strong disapproval of the idea at various community
meetings. They perceive the recommended low income orientation of the project and the
types of jobs created as inconsistent with their desire to upgrade the community and
improve the quality of employment opportunities for residents.
Job-creatlng economic redevelopment of the stadium site appears to be a less critical need .
to residents than first believed. Indeed, many would like to see the site remain in public use
as a recreation and entertainment venue, as desired by the City Parks Department. Some
residents proposed the Idea of developing educational and occupational training facilities
on the site. However, Instead of constructing a new education/training facility with public
funds, reuse of the existing Armory, when it becomes available, may be a more cost-
effective solution as a specialized education and job training facility for such industries as
food services, health care, and installation and servicing of various office machines.
North GlHnwood Economic Opportunltl..
3-4
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I TABLE 3-1. EMPLOYMENT IN THE NORTH GREENWOOD AREA, 2001
I Number of Number of
Employment Sector Businesses Employees
I Retail Trade 51 201
- Food (10) (23)
- Eating and Drinking Places (11 ) (94)
I Finance, Insurance, and Real Estate 16 58
- Real Estate (12) (40)
I Services 145 1363
-- Personal (barber, beauty, laundry, etc.) (35) (101 )
- Health Care Services (13) (513)
I - Education services ( 6) (184 )
-- Social Services (11 ) (118)
- Other (42) (284 )
I Construction 22 169
Transportation, Communications & Utilities 5 17
I Wholesale Trade 14 77
Manufacturing 11 248
I Government (including public schools) 6 168
TOTAL EMPLOYMENT 2,311
I Notes:
(1 ) North Greenwood area is the "Market Area" as defined in Section 2
I
Source: Claritas, Inc.; and URBANOMICS, Inc.
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I North Greenwood Economic Opportunities 3.5
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Nonh Greenwood Economic Opponunlties
3-6
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TABLE 3-2. SELECTED LICENSED ASSISTED LIVING FACILITIES IN CLEARWA TER
Name of Facility Address OSS Beds Non-OSS Total Beds
Zip Code 33755 (North Greenwood area)
Alexandra House 1014 Osage St. 4 2 6
Ambleside Manor 585 Casler Ave. 0 8 8
Best Care, Inc. 1430 Palmetto St. 6 0 6
Christian Manor of Clearwtr. 1845 N. Keene St. 0 6 6
Edgewater Retiremt. Manor 2057 Edgewater Dr. 0 '27 27
The Sharon dale 1743 Sharondale Rd. 2 4 6
Sunburst Manor 315 Sunburst Ct. 0 9 9
Sunset on East 1825 East Drive 0 8 8
TOTALS - Zip Code 33755 12 64 76
Ten Largest Facilities
Bayview Gardens 2855 Gulf-to-Bay Bv, 34619 0 340 340
Madison Glen 701 S. Madison Av., 34616 0 200 200
Park House of Clearwater 2750 Drew St., 33759 0 170 170
Beckett Lake Lodge 2155 Montclair Rd., 33763 0 130 130
Oaks of Clearwater 420 Bay Ave. 0 120 120
Chancellor Gardens 3141 McMullen Booth Rd. 0 119 119
Freedom Inn at Countryside 3260 McMullen Booth Rd. 0 87 87
Highland Terrace 1520 Jeffords St., 33756 0 70 70
Encore Senior Village 620 Bellair Rd., 33756 0 70 70
Magnolia Manor 926 S. Myrtle Ave., 34616 0 64 64
TOTALS - Ten Largest 0 1,370 1,370
Notes:
(1 )
(2)
OSS - Optional State Supplementation (subsidized beds for low income residents)
Non-OSS - Market-rate beds
Source: Florida Department of Elder Affairs; and URBANOMICS, Inc.
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I TABLE 3-3. INCOME AND HEAL TH STATUS OF POPULA TION 60+ BY COUNTY, 2001
I No. Low No. With Est. Probable
Income Percent Mobility & Self Alzheimer's
County (Poverty Level) Low Income Care Limitation Cases
I Dade 80,800 21.0 24,488 42,343
Broward 41 ,423 11.9 19,563 45,690
I Palm Beach 28,047 9.2 13,133 37,506
I Pinel/as 26,755 10.0 12,448 34,969
.
HiIIsborough 26,314 15.3 10,316 18,284
I Duval 18,872 16.7 7,820 11,950
Polk 16,786 13.4 6,826 14,259
I Orange 16,043 12.6 7,188 12,583
Pasco 13,613 10.8 5,904 15,614
I Volusia 13,577 11.2 6,179 13,944
Brevard 11,015 9.7 5,091 11,601
I Lee 10,883 8.2 5,113 14,021
Sarasota 9,585 7.5 5,387 16,008
I Manatee 7,733 9.2 3,317 10,588
I Source: Florida Department of Elder Affairs, and URBANOMICS, Inc.
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I North Greenwood Ec:onomlc: OpponunltJe. 3-7
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ITEM #
i 7.
F (-J 2-
~' Clearwater, C it Y Com m is s ion
:"8~~i Agenda Cover Memorandum
Tracking Number: 336 Actual Date: 12/18/2003
Subject / Recommendation:
Declare surplus to the needs of the City and authorize trade-in five 2003 Harley Davidson
motorcycles.
Summary:
The Harley Davidson programs allows trade-in of current year police motorcycles for new models
at a net cost of zero.
Motorcycles to be traded:
G-Number
G2763
G2764
G2765
G2766
G2767
Year
2003
2003
2003
2003
2003
VIN Number Mileage
1HD1FHW163Y718075 6105
1HD1FHW1S3Y71910S 7736
1HD1FHW103Y719786 4500
1HD1FHW153Y719833 5000
1HD1FHW 143Y19256 6404
Originating: Finance
Section Consent Agenda
Category: Other
Public Hearino: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budqet?
No
Budget Adjustment:
No
Appropriations Code
None
Amount
~ $0.00
Appropriations Comment
No cost
.
Review Aporoval
Georae McKibben
11-25-2003
11 :54:59
- !
~ Clearwater I
- '-~~--&-~ '
l.) ~~'-'::I.-,._'-""~"".....~r'""", !
Gilrrv Brumback
C:vnrlip (;OWiPilll
Bill Horne
City Commission
Agenda Cover Memorandum
12-04-2003
12-04-2003
12-04-2003
11:26:53
14:46:02
14:21 :27
p
/ ;J .
I-- I!
1- f\J ,,)
~ Cleanvater :
~j~'-~~~ i
..:,..--.;....~,_~'-/."" I
C it Y Com m is s ion
Agenda Cover Memorandum
Trackinq Number: 318
Actual Date: 12/18/2003
Subiect / Recommendation:
Declare surplus to the needs of the City and authorize disposal through sale or transfer to Solid
Waste for recycling, all gas appliances and pipe listed below.
Summary:
The Gas System inventory includes appliances and pipe that is considered obsolete or has been
damaged.
Total original cost: Appliances - $9,204.84: Pipe - $20,694.72, Total - $29,899.60
1. Space heaters:
Model Quantity Cost Each
CVD331 2 $396.06
CDV151 1 267.30
CF503 2 514.41
CF505 4 250.00
FSK 10 66.47
PDW850 2 274.71
PW35D 1 66.4 7
5010 Nat 8 376.50
Total Cost - Space heaters
2. Wall heaters:
Type Quantity Cost
CDV33 1 $396.06
CDV15 1 267.30
SVR365AM 1 535.35
AIR5LP 2 312.65
Total Cost - Wall heaters
3. Pipe
Type
S6
S8
Total Cost
$ 792.12
267.30
1,028.82
1,000.00
664.70
549.43
66.47
3,012.00
$7,380.84
Total Cost
$ 396.06
267.30
535.35
625.30
$1,824.01
Quantity/Feet Cost/Foot Total Cost
762 $7.96 $ 5,826.72
2520 5.90 14,868.00
Total Cost - Pipe $20,694.72
Originating: Finance
Section Consent Agenda
Category: Other
Number of electronic documents
attached:
Public Hearing: No
Financial Information:
o
~ Cleanvater '
;:.~~;
,./-v~~r;:/',-" ;
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
None
In Current Year Budqet?
No
Budqet Adiustment:
No
Appropriations Code
. Revenue
Review Aooroval
M<lraip. Simmon5
l,nrrv Rnlmh<lr.k
l.vnoip. GOlJoP.<l1J
Bill Hnrnp.
City Commission
Agenda Cover Memorandum
Amount
$0.00
Appropriations Comment
11-25-2003
12-04-2003
12-04-2003
12-04-2003
15:10:17
11:27:36
14:45:08
14:20:46
~,.~ ,,_ ".- ~'.... -_.,.,"~ . .'M' ._._._..~ ~ ......, ,'_,_._'" . _ t_ '~',".n....,. .r' .,.........,.... ~.. ,'''" '....""_ ,,__.__~__.'_'" "........-~._..... ~."" ....".., _~_ _'.. p. . ~ ".... .... "~._' '." >, ,.~ . _,
.
{ (1
'~ "
("j{ I
Clearwater
City Commission
~:..,:. ::."::'~:.:::~::~,.::.~?..,..::~:
Agenda Cover Memorandum
Tracking Number: 297
Actual Date: 12/18/2003
SJJbJ~.<d_LRecoIT1mendation :.
Approve a two-year agreement from February 1,2004 through January 31,2006, between the
City of Clearwater and The Winning Inning Inc., for the use and operation of the Jack Russell
Memorial Stadium and Complex,
5 u 111 m a ry :
Jack Russell tvlemorial Stadium and Complex has been home to baseball in Clearwater for over
49 years. With the Philadelphia Phil lies relocating to the new Community Sports Complex for
the spring of 2004, staff has been exploring short-term usages for the facility until such time as
a permanent decision is made on the future of this site.
The City has been working with The Winning Inning for over four years in providing baseball
instruction and training for youth to professional athletes at Countryside Community Park.
The agreement is for two years with The Winning Inning assuming all maintenance and
programming operations at the entire complex. The City would be responsible for structural
improvements as it currently is with its agreement with the Philadelphia Phillies. The estimated
time-line for the improvements that were recently completed at the stadium are for three to five
years.
Under this agreement The Winning Inning will provide the following services:
1. Conduct camps, clinics, lessons, strength conditioning, rehab training, tournaments, leagues
etc.
2. Athletic field and grounds maintenance.
3. One half funding for any mutually agreed upon capital improvement projects.
4. Provide all staff, materials and supplies, and operating expenses associated with the complex
including but not limited to electricity, water, sewer, custodial, sanitation and minor building
maintenance and pay all required taxes necessary to the Agency's operation at the Complex.
Under this agreement the City will provide the following:
1. Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.
2. Upgrades to practice field with respect to fencing and field lighting so that it can be used for
evening use.
No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for
consumption, will be granted to the agency.
A copy of the agreement is available for review in the Official Records and Legislative Services
Department.
Originating: Parks and Recreation
Section Consent Agenda
~QLY":' Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
~ Clearwater I
c~.~~~ ~
,:",-',:,~r..........-v ;
Review ARproval
Kevin Dunbar
Cvndie Goudeau
Bill Horne
Laura lioowski
l,.1rrv Rrllmh.1r:k
C it Y Com m IS S Ion
Agenda Cover Memorandum
11-20-2003
12-04-2003
12-04-2003
. 12-01-2003
12-04-2003
16:31 :06
14:11:43
13:48:09
15:59:57
11:38:15
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AGREEMENT
This Partnership and Operational Support Agreement is macle and entered into between the City
of Clearwater, a municipal corporation of the State of Florida, whose address is: Attn: Parks ancl
Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter rcfelTed to
as the "City", and The Winning Inning, Inc., a Florida Corporation, whose address is P.O. Box
15953, Clearwater, FL 33766, hereinafter referred to as the "Agency".
\VHEREAS, it has been detemlined to be highly desirable to provide baseball training and
related activities to participants in the greater Clearwater area; and
\VHEREAS, the City desires to provide recreation programs and athletic activities as a means to
help young people, adults and families; and
\VHEREAS, the City owns Jack Russell Memorial Stadium and Complex, hereinafter referred
to as the Complex, located at 801 Phillies Drive, Clearwater, Florida; and
\VHEREAS, the Philadelphia Phillies, the fonller tenant at the Complex, will be moving into a
new ballpark for the Spring of 2004 and the City desires to enter into an Agreement to lease the
Complex to another entity in order to offer baseball and related training programs at the ex isting
stadium; and
\VHEREAS, the Agency is in the business of offering sllch services and desires to partner with
the City in providing baseball and related training programs and activities; and
NOW, THERFORE, the parties agree as follows:
ARTICLE I. TERM
1. The term of this agreement shall be for a period of2 years commencing on the 1st day of
February 2004 (the "Effective Date") and continuing through the 31 st day of January 2006 (the
"Termination Date") unless earlier temlinatcd under the tenllS of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: One of the Agency's goals shall be to provide quality baseball and
related training programs and to increase the number of programs and services provided at the
Complex.
a) Programs: Conduct camps, lessons, training, leagues, toumal11ents, recreational and
motivational programs at the Complex for the benefit of ClealWater area participants.
Some of the core programs to be provided are as follows:
i) Baseball camps
ii) Baseball clinics
iii) Baseball lessons
iv) Strength and Conditioning
v) Rehabilitation training
vi) Baseball tournaments
vii) Baseball leagues
viii) Baseball teams
ix) Baseball retai I sales
x) Schools for agronomy. umpiring and coaching
b) Assistance to the City: Provide Agency personnel and volunteers to operate and
supervise all Agency activities, programs and camps at the Complex.
c) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision for the Agency participants utilizing and occupying the Complex.
d) Modifications: Any modifications or improvements to the facility must be approved
in advance by the Parks and Recreation Director, to the extent that the Parks and
Recreation Director has the authority to so approve, or by the Clearwater City
Commission, and shall become the property of the City upon expiration or
temlination of this Agreement.
e) Background Checks: All Agency employees must have background checks and
related records shall be maintained by the Agency.
2. Use of Jack Russell Memorial Stadium:
a) Use of Jack Russell Memorial Stadium. The Agency or its subcontractors shall use
Jack Russell Memorial Stadium for all intended purposes as defined in Article II, ~ I a. In
addition, the Agency shall utilize existing office space within the Complex.
b) No Illegal Use. The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. Further, the Agency understands
and agrees that this provision specifically prohibits, among other acts, the sale,
consumption or use of alcoholic beverages or controlled substances anywhere in, on or
around the Complex and those adjacent areas used by the Agency.
c) Rules for Use. Rules and regulations governing the use of the Complex for the programs
as outlined in Section la of Article II may be established by the Agency, providing they
are not in conflict or inconsistent with thc ordinances, policies or opcrating mlcs of the
City or of this Agreement. Such mles and rcgulations dcveloped by this Agency may
provide for and allow reasonable lIser fees as detennined by the Agency.
d) Inspection by City. The Agcncy understands and agrees that the Complex premises may
be entered and inspected at any time by the City's officers, agents and employees. City
2
agrees to give reasonable notice to the Agency before such entry in accordancc with the
provisions for giving notice herein.
e) General Adherence to City Ordinances. Notwithstanding any limitations implicd by
the provisions above, the Agency promises to observe all City ordinances.
f) Sign age. The Agency may place an identification sign in the Complex at its expcnse.
according to City codes and with approval from the City.
3. Maintenance of the Premises by the Agency:
a) Custodial Maintenance. The Agency shallmaintain the Complex in a clean and orderly
condition. Maintenance shall include, but not be limited to, light housekeeping (i.e.
changing light bulbs, alc filters, etc.).
b) Athletic Field Maintenance. The Agency shallmaintain all athletic fields within the
Complex up to first class condition and up to first class Major League Baseball spring
training standards.
c) Landscape Grounds Maintenance. The Agency shall maintain all common areas.
parking areas, etc. consistent with other City athletic facilities.
d) Utilit)' Expenses. The Agency shall apply for and pay all utility costs including but not
limited to electric, water, sewer and sanitation, during the tenn of this Agreement.
e) Repair of Damage. The Agency understands and agrees that it is responsible for, and
will cause to be repaired at the Agency's expense, damage to the premises other than
normal wear and tear or vandalism.
In the event that the building should be partially damaged or destroyed by fire, earthquake
or any other cause, the City, in its sole discretion, may repair such damage or tenllinate
this Agreement with thirty (30) days notice to the Agency, unless such damage renders
the Complex uninhabitable, in which instance the City may terminate thc Agreement and
require vacation of the Complcx immediately. .
4. Pa)'ment of Fees and Taxes. The Agency shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Agency's operation at the Complex.
5. Scheduled Reports of Agency Activities:
a) The Agency shall furnish the City Parks and Recreation Department with an annual report
of activities conducted under the provisions of this agreemcnt within 60 days of the end
of the Agency's fiscal year. Each report is to identify the number of clients served, the
type of activities, programs offered and costs of such services and revenue generated.
3
b) The Agency agrees to submit progress rep0l1s and other infol1nation in such fOl1nat and at
such times as may be prescribed by the City, and to cooperate in site visits and other on-
site monitoring (including, but not limited to, access to sites, staff, fiscal and client
records, and logs and the provision of related infol1nation).
6. Capital Improvements. The parties hereto acknowledge that there are no improvements
scheduled to be made during the term of this agreement. If any improvements bccome
necessary for the safe operation or continued occupation of the Complex, the City shall have
no obligation to conduct or finance such improvements and the City, in its sole discretion,
may tel111inate this agreement and require immediate vacation of the Complex. Demolition
of any existing structures shall be completed at the sole cost of the City.
7. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any infol1nation necessary
to reflect fully the financial activities of the Agency. Such records shall be available and
accessible at all times for inspection, review, or audit by authorized City represcntativcs.
b) Use of Records: Agency shall produce such reports and analyses that may be required by
the City to document the proper and prudent stcwardship and usc of the facilities.
c) Maintenance of Records: All records created hereby are to be retained and maintained
for a period not less than five (5) years.
8. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex,
handicap, national origin, religion, marital status or political belief, be excluded from
participation in, denied the benefit(s) of, or be otherwise discriminated against as an
employee, volunteer, or client of the provider, except that programs may designate
services for specific client groups as defined in the application. Agency agrees to
maintain reasonable access to handicapped persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to
Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the right to
terminate this agreement.
9. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from City. Agency further agrees to supply City, up to three
copies of any publication developed in connection with implementation of programs
4
addressed by this Agreemcnt. Such publications will state that the program is supported by
City.
10. Liability and Indemnification: The Agency shall act as an indcpendcnt contractor and
agrees to assume all risks of providing the program activities and services herein agreed and
all liability therefore, and shall defcnd, indemnify, and hold hamlless the City, its officers,
agents, and cmployecs from and against any and all claims of loss, liability, and damages of
whatever naturc, to persons and property, including, without limiting the generality of the
foregoing, death of any person and loss of the use of any property, exccpt claims arising Ii'om
the negligence or willful misconduct of the City or City's agents or employees. This
includes, but is not limited to matters arising out of or claimed to have been caused by or in
any manner relatcd to the Agcncy's activities or those of any approvcd or unapproved invitee.
contractor, subcontractor, or other person approved, authorized, or pennitted by the Agency
in or about its premises whether or not based on negligence.
11. Insurance. The Agency and any subcontractors acting thereunder, shall each independently
procure at their own expense and maintain during the tenll of this Agrcement insurance as
shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons or
damage to property, which may arise from or in connection with use of the facility
premises by the Agency including all activities occurring thereon.
b) A Business Automobile Liability Policy covering claims for injuries to persons or damage
to property that arise from or in connection with use of a motor vehicle owned by the
Agency.
c) Insurance procured in accordance with sections 11 (a) and (b) shall have minimum
coverage limits of $1 ,000,000.
d) Agency shall at all times and at its expense maintain insurance against loss by fire or
other casualty with extended coverage on its furniture, fixtures, inventory, equipment,
supplies and personal property located in and on the Premises, and said policies shall
include a standard waiver of subrogation against the City.
e) Each insurance policy issued as a requirement of this Agreement shall name the City of
Clearwater as an additional named insured. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officials, employees, agents
or volunteers. The Agency shall provide a copy of any or all insurance policies upon
request by the City. The Agency shall furnish the City with Certificate(s) of Insurancc
with all endorsements affecting coverage required by this section. These fon11s shall be
received and approved by the Director of Parks and Recreation before execution of this
Agreement by authorized City officials.
12. This Agreement may not be assigned by the Agency.
5
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds. The City will not make any monctary contributions as a part of this
agreement.
2. Grant of In-Kind Services:
a) The City will provide maintenance for all major capital components of the building
including air conditioners, roof, painting, plumbing, electrical, etc. The Agency will
provide all routine items related to the day-to-day operations of the facility (i.e. changing
of air filters, changing light bulbs).
b) The City will provide appropriate fencing to secure the practice field, including a
backstop.
c) The City will provide adequate artificial lighting to the practice field eonfonning to
current Little League standards.
d) The City will not provide in kind services other than those provided for herein.
ARTICLE IV. AGENCY USE AREA
1. Exclusive Area of Use for Agency. The Agency shall have exclusive use (as to third
parties) of the following facilities: practice field, batting cages, clubhouse, training rooms,
fitness facility, stadium including stadium field, subject to paragraph two (2) below.
2. Events. The City retains the right to schedule six (6) events at the facility with One Hundred
twenty (120) days notice to the Agency, in which case, the City shall have priority access to
and use of the entire facility.
ARTICLE V. DISCLAIMER OF WARRANTIES
This Agreement constitutes. the entire Agreement of the parties on the subject hereof and may not
be changed, modified, or discharged except by written Amendment duly executed by both
parties. No representations or warranties by either party shall be binding unless expressed herein
or in a duly executed Amendment hereof.
ARTICLE VI. TERMINATION
1. For Cause: Failure to adhere to any of the provisions ofthis agreement as detemlined by the
City shall constitute cause for temlination. This agreement may by terminated with 30 days
written notice without any further obligation by City.
6
2. For Municipal Purpose: The City may tenninate this agreement if it is detenllined by the
City, in its sole discretion, that the facility is needed for any municipal purpose. In such case,
the City shall provide sixty (60) days written notice, following which this agreement shall
tenninate in every respect, and both parties shall be relived of any fUl1her obligations
hereunder, except that Agency shall be responsible for full payment o I' all costs and expenses
resulting from the operation hereof, together with all taxes and costs for utility ser\'ices
through day of temlination.
ARTICLE VII. NOTICE
Any notice required or pemlitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall speci fy to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fi fih
(5th) business day afier the day on which such notice is mailed and properly addressed.
1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758.
2. If to Agency, addressed to The \Vinning Inning, Inc., P.O. Box 15953, Clearwater, FL
33766.
ARTICLE VIII. EFFECTIVE DATE
The effective date of this agreement shall be as of the first day of Febmary 2004.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,2003.
day of
7
Countersigned:
Brian J. Aungst
M ayor-Comm issioner
APpr~oVCd as to fo .
/1-- ,
'. /
Laura Lipowski
Assistant City Attorney
THE WINNING INNING, INC.
~'c
BY:~ '\...
Ro I er
L
--
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
By:
8
PD\
)D"
. ,
~ Clean vater '
C it Y Com m is s ion
Agenda Cover Memorandum
v '.~~:~;:~%~~. '
Trackinq Number: 326
Actual Date: 12/18/2003
Subiect I Recommendation:
Approve the transfer of monies received from Clearwater Housing Authority for payment In lieu
of taxes (PILOT Funds) to the Clearwater Homeless Intervention Project, Inc. (CHIP) for FY
2002/2003 and that the appropriate officials be authorized to execute same.
Summary:
1. Historically, since 1997 the City Commission has authorized the funds representing payment
in lieu of taxes (PILOT) to be appropriated to the Clearwater Homeless Intervention Project, Inc.
(CHIP).
2. On August 15, 2003, Clearwater Housing Authority (CHA) paid $27,128.47 for Payment in
Lieu of Taxes (PILOT) to the City of Clearwater. In a letter to City Manager William Horne on
that same date, CHA requested that the funds be donated by the City for CHIP to offset
operational costs during FY 2002/2003.
3. With Commission approval, a first quarter budget amendment will provide for the reallocation
of these funds from General Fund retained earnings to Special Program # 181-99938, Homeless
Sllelter.
Originating: Police
Section Consent Agenda
Cateqory: Other
Financial Information:
Iy~.e..:. Other
Bid Reguired? No
Bid Exceptions:
Other
Other Contract?
PILOT Funds
Appropriations,Code
181-99938
Amount
_.. - - .-..
. $27,128.47
ApPJ:oPJja.tions_C9!DJJlent
Transfer from General Fund to
181-99938
Review Approval
Tinrt Wilson
12-04-2003
10:35:36
Grtrrv Brumback
12-04-2003
11:28:17
Cvndie Goudeau
12-04-2003
14:44:06
Bill Horne
12-04-2003
14:18:25
\)( (,..', i
~21
--'
;' Clearwater
City Commission
Agenda Cover Memorandum
I~ 8~~~~S3~:~:S:~. ~
Tracking Number: 329
Actual Date: 12/18/2003
S ,u b le-<:.tLR~~_Q mp,e n.c1~~Lo n~
Approve a work order to Parsons, an Engineer of Record, for design-build services for Alligator
Creek Channel A Stabilization at Northeast Coachman Park in the amount of $488,510.00 and
authorize the appropriate officials to execute same.
Summarv:
Design and permitting of tI,e "Alligator Creek Implementation Projects, Phase II" which includes
that group of projects between U.S. 19 and NE Coachman Road is scheduled this fiscal year.
However, partial implementation of the proposed channel widening and stabilization between Old
Coachman Road and NE Coachman has become imperative due to the erosion of all soils
surrounding a sanitary sewer manhole approximately 400 feet south of NE Coachman Road. The
erosion is endcJngering the integrity of the sanitary manhole structure and sanitary lines.
Parsons responded to the City's design criteria package for design-build services to design,
permit and construct such channel improvements as may be immediately required to secure the
sanitary sewer and manhole and be consistent with the Alligator Creek Watershed Management
Plan (June 1997)and as described in the Technical Specifications dated October 2003.
Construction is to be completed within seven months of the issuance of the Notice to Proceed.
Resolution 02-51 was passed on November 21, 2002; establishing the City's intent to reimburse
certain project costs incurred with, future tax-exempt financing. The projects identified with
2004 revenue bonds as a funding source were included in the project list associated with
Resolution 02-51.
Sufficient budget for interim financing or funding with 2004 Stormwater Utility Revenue Bond
proceeds when issued is available in project 357-96154, Alligator Creek Drainage Improvements.
A copy of the work order is available for review in the office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category~ Construction Contracts - Public Works
Originating
Public Hearing: No
Financial Information:
IY_p~, Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
,
~ Clearwater
~~~
~-',-~~",,/'.J
City Com mission
Agenda Cover Memorandum
Other Contract?
Engineer of Record/Design-Build Services
Not to Exceed:
$488,510.00
Ap-RroRriatlons Code
357-96154-561200-539-000
Amount
$488,510.00
Appropriations Comment
Review Approval
Michael Ouillen
Bill Horne
11-24-2003 15:41 :49
11-25-2003 14:31 :48
12-04-2003 15:20:10
11-25-2003 08:47:47
12-03-2003 15:28:38
12-04-2003 11:32:17
Tinn Wilson
Ge.orae McKihhe.n
Brvnn Rllff
Garrv Brumback
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PARSONS
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3450 Buschwood Park Drive, Suite 345 . Tampa. Florida 33618. (813) 933-4650 . Fax: (813) 930"1332 . IVwwparsons.com
November 20, 2003
Ms. Terry Finch
City of Clearwater
Public Works Administration
100 S Myrtle Ave.
Clearwater, FL 33756-5520
Re: Alligator Creek Channel A Stabilization At Northeast Coachman Park
Design-Build Services
Dear Terry:
We are pleased to submit herein our fee proposal to conduct engineering services and
constmction for the above referenced project. Our proposal is based on the specifications
dated October 23, 2003 and the cross section we developed after consultations with you
and presented herein as Exhibit A.
The design of the channel will be based on the hydrologic conditions presented in the
Alligator Creek Watershed Management Plan dated June 1997, The design will be based
on low impact development and will minimize structural improvements for erosion
control. The project limits are identified on the attached Exhibit B as noted from Sta.
1 +00 to 7+00.
Our proposal is based on the following schedule of values, and invoicing will be based
upon accomplished milestones.
lace
lace
Bud et
$10,000
$30,000
$20,000
$55,000
$12,000
$36,600
$85,000
$25,000
$115,000
$21,500
$34,000
Date From NTP
Week 2
Week 4
Week 8
Week 12
Week 16
Week 17
Week 22
Week 24
Week 25
Week 26
Week 28
Pro'ect Total Bud et/Duration
$444, I 00
29 Weeks
[P t:\DoCllI1lCllts lInd Scttings\79330\]\ly Doctlf11cnts\PrOp(1Sllls\Ta.~k Ordcrs\ClcnrwlItcrl))csign_lllIild'ltr prlll'osal,h:rry.doc
j
I
Due to the nature of the project and the expedited schedule Parsons will invoice the city
on a bi-weekly basis, and the project is estimated to be complete within 7 months.
Parsons is planning to submit for a fast track ERP permit, but does not control permit
delays that may impact the schedule.
The following assumptions were made in the preparation of this budget.
I. Geotechnical Services to be provided by the City. Excavated material is assumed
to be used for site fill and is suitable in nature.
2. Replacement of existing sanitary sewer line is not included in this budget.
3. Design survey to be provided by the City, where as construction survey is to be
provided by Contractor.
4. Field compaction testing is not included in this budget; such services shall be
provided by the City.
5. Steel sheeting pile shall be removed in order to lower water level in the work area.
Steel sheeting shall be disposed off-site
6. A landscaping budget of $1 0,000 is allocated with this project.
7. By-pass pumping is included in the work effort
8. Incidental activities such as fence replacement, and sodding or landscaping
outside the project limits are not included.
9. Contractor will haul off excess soil and gmbbing.
10. Permit fees shall be paid by the City. (+/- $1,000)
II. Contingency budget for incidental activities such as fence replacement,
additional landscaping, or utility replacement is not included in this proposal, it is
recommended that the City budgets 12% for contingency fees.
Enclosed is a work order for the amount specified herein, we are looking forward to
starting the design of this project by December of this year. If you have any questions
please do not hesitate to call me at 813 261 8333
Sincerely,
Parsons
. -f'~~:'-
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-=--~ --b
Dikran Kalaydjian, P.E.
Manager, Water Resources
C:\DOClllllcnt~ and Scllings\79330\~ly Dm:llmcntS\Prllposals\Ta._k Ol'dCTllIClc:arw:ltL'1'\Dcsign..Buildlltr proposal..tL'1'1'y.doc
, ~
PUBLIC WORKS ADMII\lSTRA TION
WORK ORDER INITIATION FORl'1
Date: December 5. 2003
Parsons Project No. :
City Project Number:
1. PROJECT TITLE: Alligator Creek Channel A Design-Build at Northeast Coachman Park
2. SCOPE OF SERVICES:
Design-Build 600 LF channel for flood protection and erosion control as described in Technical
specification dated October 2003 for Alligator Creek Channel Stabilization at Northeast
Coachman Park.
3. PROJECT GOALS:
Flood control and water quality improvements
4. BUDGET:
The budget for this project is four hundred, forty eight thousand and five hundred ten dollars
($488,510).
5. SCHEDULE:
Construction to be complete within 7 months of issuance of Notice to Proceed provided there are
no delays associated with the issuance of permits.
6.
STAFF ASSIGNMENT:
Dikran Kalaydjian, P.E.
Susan Gintert, P. E.
Project Manager
Project Engineer
7. CORRESPONDENCE/REPORTING PROCEDURES:
All Parsons correspondence will be directed to Dikran Kalaydjian, P.E.
All City of Clearwater correspondence will be directed to Ms. Terry Finch
8. INVOICE FUNDING PROCEDURES:
Invoices will be submitted bi-weekly, and will be based on percent completion of schedule of
values as presented in letter proposal dated November 20, 2003. Invoices will be transmitted to
Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748,
Clearwater, FL, 33758-4748.
City invoicing code # j 5" .,. , "/5 ~ . 5 t-/.z 00 - :5..3~. ()OO
9. SPECIAL CONSIDERATIONS:
(Not applicable)
10. PROJECT COMPLETION REPORT:
A final walkthrough and acceptance by the City will be conducted upon completion of the
project.
.J .
...
PREPARED BY:
APPROVED BY:
~~-
Parsons Water & Infrastructure Inc.
S. Bijoy Ghosh, P.E.
Vice President
!'/ p~~ ~.!,
Date
~~d:~
/ 2_ ~--{).S
Michael D. Quillen, City Engineer Date
City of Clearwater
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C it Y Com m is s ion
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Agenda Cover Memorandum
Trackinq Number: 330
Actual Date: 12/18/2003
Subiect / Recommendation:
Award a contract for the Clearwater Municipal Marina Maintenance Dredging, Contract Number
01-0006-MA to L. ], Clark Construction, Inc. for the sum of $378,400.00 which is the lowest
responsible bid received in accordance with the plans and specifications and authorize the
appropriate officials to execute same.
Summary:
The work required under this contract is the removal and transport of approximately 12,000
cubic yards of material which has filled in a portion of the City of Clearwater Municipal Marina
located at 25 Causeway Boulevard.
The marina has not been dredged since 1989.
Wind blown sand from the beach has caused the bottom at many of the boat slips to be exposed
at extremely low tide and to limit the use of the facility. Dredged material will be transported to
City owned property on Sand Key.
150 days will be allowed to complete the project to take into account for delays that may be
caused by weather and tidal conditions and to accommodate relocation of vessels.
Sufficient funds are available in capital project 315-93496 to fund $178,400 of the contract. A
first quarter budget amendment will transfer $200,000 from capital project 93494, Fuel Tank
Replacement, to cover the balance of the contract. The $200,000 will be recouped in the next
two to three years and will not impact the fuel tank replacement that is scheduled for 2007.
A copy of the contract is available for review in the Official Records and Legislative Services
Department.
Qriginatinq: Engineering
Section Consent Agenda
Category: Construction Contracts - Public Works
Originating
Public Hearing ~No
Financiallnrormation:
I'iP.-e..:. Capital Expenditure
Bid Required? Yes
Bid Numbers: 01-0006-MA
Budg~t Adiustment:
Yes
~ Cleanvater j
c~l
V"'~
City Com mission
Agenda Cover Memorandum
Budqet Adjustment Comments:
A first quarter budget amendment will transfer $200,000 from capital project 93494, Fuel Tank
Replacement, to cover the balance of the contract.
Appropriations Code
315-93496-563800-575-000
Amount
$378,400.00
Appropriations Comment
Review Approval
Mic:hnel Ouillen
Brvan Ruff
11-24-2003 15:16:55
12-03-2003 15:22:36
12-04-2003 11:33:09
11-25-2003 14:29:40
12-04-2003 16: 14:29
12-04-2003 13:59:01
Garry Brumback
Tina Wilson
Cvndie Goudeau
Bill Horne
ADDENDUM NO.2
FOR
CLEARWATER MUNICIPAL MARINA MAINTENANCE DREDGING
CITY OF CLEARWATER, FLORIDA
City Project No. 01-0006-MA
,I )\
("-C. f ~L' ,f,
I~~. . ),),
DATE: November 14,2003
SUBJECT: Addendum NO.2
TO: Prospective Bidders and Others Concerned
SECTION IV - TECHNICAL SPECIFICATIONS - The Scope of Work: Clearwater Municipal
Marina Maintenance Dredging (01-00006-MA), clarified as follows:
1. The Bid Opening date has been changed to Wednesday, November 19, 2003.
2. Insurance Section III Para 5. Subcontractor to provide certificate of insurance to
include LonQshore and Harbor Worker's coveraae. The contractor is required to
provide a certificate of insurance for Longshore and Harbor Workers coverage
regardless of coverage held by any subcontractor.
3. 50% of the work bv contractor instructions to bidders Para 9. Subcontractors may
not perform more than 50% of the physical work of the project.
4. Remove boatlifts for access to dredae. The contractor will be required to accomplish
the work without the removal of overhead beams and lifting devices; however, the City
acknowledges that dredging may be hindered in the areas where access is limited.
5. Measurement of removed spoil for payment. Verification of depth and as built
verification. The City will provide verification and acceptance as each dredged area is
completed prior to relocation to the next area. Payment for dredged material will be by
the cubic yard delivered to the Sand Key disposal site either by truckload or by other
predetermined quantity agreed to by the Engineer and City inspector.
6. Relocation of boats owned bv out of town owners. Relocation of boats will be
accomplished by City Marina personnel and will not result in delays to the contractor.
Marina personnel will make every effort to coordinate vessel relocation with the dredging
operation.
7. Removal of spoil under docks and boardwalk. The City acknowledges that isolated
areas designated to be cut located beneath decked areas that may not be accessible
with approved equipment and therefore may not be dredged. Over excavation of
material form the area adjacent to inaccessible decked areas will be permitted to allow
for natural leveling.
8. Permits. All permits have been received and no City permit will be required before
work can proceed.
END OF ADDENDUM #2
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
Bv: IslWilliam B. Horne, II
City Manager
Addendum to Clemwater Municipal Marina Maintenance Dredging (01-0006-MA)
SECTION IV - TECHNICAL SPECIFICATIONS
The Scope of Work: Clearwater Municipal Marina Maintenance Dredging (01-00006-MA)
Clarified as follows:
I. Floating turbidity barriers will be required to be used around scheduled areas of work
and relocated as needed.
2. Mooring pilings may be removed as required to access areas to be dredged. Upon
completion of dredging ofthose areas mooring pilings shall be reinstalled in their
original location.
3. A barge mounted excavator or track hoe may be used to remove material.
4. Spoil my 6e transported to the Sand Key disposal site and offloaded with land based
equipment.
5. 150 days will be allowed to complete the project.
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City Com mission
Agenda Cover Memorandum
I) :'a~3:~&~% <
Tracking Number: 307
Actual Date: 12/18/2003
Subiect / Recommendation:
Award a contract for the Lift Station;; 1 and #6 Improvements (03-0040-UT) to TLC Diversified,
Incorporated of Palmetto, Florida in the amount of $462,442.20, which is the lowest responSible
bid received in accordance with plans and specifications,
Summarv:
SUfvlfvlARY:
:f. Based on evaluations of the City's sewer system, Lift Stations;; 1 and #6 must receive high
priority for upgrade as part of the overall rehabilitation of the City's wastewater collection
system, This construction contract includes the illlprO\'ell1ents to Lift StJtions ;; 1 Jnd =6
rehabilitating the existing structures and replacing the existing equipment which is in need of
repair due to age and wear.
f' Lift Station:;; 1 is located at ;; 1053 Sunset Point Road (South side of Sunset Point Road East of
Edgewater Drive). Lift Station #6 is located at 599 Woodlawn Street (South Side of Woodlawn
Street at Hamlet Avenue).
* Lift Station # 1 is an aging duplex submersible lift station. The proposed improvements at Lift
Station:;; 1 prOVides for the removal of the existing pumps, piping and controls, construction of
new top slab, and the installation of a new fiberglass wet well liner, precast valve vault,
submersible pumps, RTU Panel and antenna and the necessary electrical and instrumentation to
complete the project. Also included is the installation of 750 linear feet of 6" diameter force
main to manifold this lift station to the force main out of Lift Station #2.
* Lift Station #6 is an aging duplex lift station. The proposed improvements at Lift Station #6
provides for the removal of the top slab and side walls of the existing valve vault to grade,
removal of existing pumps, construction of new top slab and hatches, installation of a new
fiberglass wet well liner, submersible pumps, RTU panel and antenna, and the necessary
electrical and instrumentation to complete the project.
t Sufficient budget is available in project 343-96686, Pump Station Replacement.
· Work will commence after award and execution of the contract and will be completed within
180 days.
* A copy of the contract documents is available in the Official ReCords and Legislative Services
office for review.
Qsjgin~Jln.9.;.. Engineering
Section Consent Agenda
Cateqorv: Construction Contracts - Public Works
Originating
Public Hearing: No
Finllnr.i:tllnrnrmlltinn:
~ Clearwater
;:.~~~.;::..~.....
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C it Y Com m IS S Ion
Agenda Cover Memorandum
llpe: Capital Expenditure
Bid Required? Yes
Bid Numbers: 03-0040-UT
8.J)J2[QJ2d.ations Code
343-96686-563800-535-000
Amount
$462,442.20
8.J2prooriations Comment
B..e.v i ew A 12RI.Q.YilJ
rvlirh;Il~1 OIJillp.n
11-18-2003
Cvndie Goudeau
12-04-2003
Bill Horne
12-04-2003
Tina Wilson
11-19-2003
Garrv Brumback
12-04-2003
09:58:14
14:37:48
13:53:36
10:47:08
11 :35:31
A
e
LOCATION DRAWING
UFT STA TIONS #1 & #6
1 inch equals 2,640 feel
LIFT STATION
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UFT STATION
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ADDENDUM NO.1
FOR
LIFT STATION NOS. 1 AND 6 IMPROVEMENTS
CITY OF CLEARWATER, FLORIDA
City Project Nos. LS-082701 and PS-021202
PWA Project No. 03-0040-UT
0992.0091
0992-0C98
DATE: November 6, 2003
SUBJECT: Addendum No, 1 to Plans and Specifications for Lift Station Nos. 1 and 6
Improvements, PWA Project No. 03-0040-UT. Clearwater. Florida
TO: Prospective Bidders and Others Concerned
The following provides clarifications based on the Contractors questions presented at
the mandatory Pre-Bid Conference held on Tuesday, October 28, 2003 at 10:00 a.m. in
Room #130 at the City of Clearwater Municipal Services Building, andlor revisions to the
Contract Documents.
The Plans and Specifications for the subject project shall be supplemented andlor
amended as follows:
1. Question: What is the flow rate required for bypass pumping?
Answer: Bypass pumps should equal or exceed the design pumping rate for each lift
station; LS No. 1 = 400 gpm at 55 ft. TDH, LS NO.6 = 225 gpm at 47 ft. TDH. Bypass
pumps should use electric motors, or bidders shall provide noise attenuation to meet the
requirements of the City's noise ordinance. A diesel powered bypass pump, to be used
as an emergency backup to the primary bypass pump is acceptable.
2. Question: Are soil borings available?
Answer: Pertinent sections from the subsurface investigation report for LS No. 1 are
attached. A subsurface investigation was not performed for the LS No. 6 site.
3. Question: Is there suitable storagelstaging areas at the lift station sites.
Answer: Both sites are limited for staging, including parking of Contractor's vehicles.
However, LS No. 1 has more area available. It is anticipated that the work at LS No. 6
will require road closure (Contractor shall submit MOT to the City for approval.) The may
allow for a small staging area in the road near the site. Bidders are encouraged to visit
the sites to become familiar with the site constraints.' Additional nearby space may be
obtained by the Contractor at his expense. Should the contractor decide to locate '
equipment, material, vehicles, etc. elsewhere on private property, the contractor shall
obtain written permission from the owner and shall provide a copy of the written
permission to the City for their files. The contractor will assume all responsibility from
any claim leveled by the property owner.
Lift Station Nos. 1 & 6
Addendum No. 1
Page-1
4. Question: Will a flexible boot. in lieu of link seal be acceptable at pipe penetrations to
the wet well and valve vault?
Answer: A flexible boot is acceptable for the pipe penetrations into the valve vault. The
flexible boot shall be Kor-n-Seal, or approved equal. Pipe penetrations through the wet
well shall be per Specification 06608.
5. Question: What is the length of the force main out of LS NO.1? LS NO.5?
Answer: LS 1 force main is 6" diameter approximately 1140 ft. long. LS 6 force main is
6" diameter approximately 1985 ft. long.
6. Question: What are the fill material requirements for the annulus area around the new
fiberglass wet wells? (Reference Drawing Nos. C3 and C5,)
Answer: Flowable fill (concrete).
7. Question: What is the slope of the sanitary sewer into LS No.1? (Reference Drawing
No. C1.)
Answer: 0.40%.
8. Question: What is the amps available at the existing control panels?
Answer: The proposed utility service is shown on Drawing No. E4.
9. Question: Can the Contractor use the existing power service to run the bypass pumps.
Answer: Yes, Note that the existing service may not be adequately sized to run both
the new (or existing) pumps and the bypass pumps.
CLARIFICATIONS
1. During the bypass operation, the Contractor will be required to install a "high level alarm"
(HWA) float switch in the upstream manhole. The float switch shall be wired to either
the HWA in the existing RTU or to an autodialer. If wired to the existing RTU, the
Contractor will be required to temporarily mount the RTU and antenna in a location that
is out of the way of the construction, and install power and signal wiring to the temporary
installation. The intent of this requirement is for the Contractor to provide an acceptable
means to alert both the Contractor and the City should the bypass pumping system fail.
2. The Contractor is responsible for the operation of the bypass pumping system.
3. Both lift stations have been cleaned within the past year. However the Contractor
should anticipate some buildup of grit and grease in the wet well. In order to shut down
the existing lift stations, the Contractor will be allowed to pump out the contents of the lift
station wet wells. down to normal "pump off level" using the existing pumps. The
remaining contents of the wet well, including any sand, grit and/or grease will be
pumped out and properly disposed of by the Contractor. The cost for this operation
shall be included in the lump sum cost bid for each lift station.
Lift Station Nos. 1 & 6
Addendum No. 1
Page-2
SPECIFICATIONS
1. Section 06608, Paragraph 1.1 A: Change the first sentence to read, "This Section
includes all work necessary to furnish and install a fiberglass wet well at Lift Station Nos.
1 and 6."
END OF ADDENDUM #1
. Lift Station Ncs. 1 & 6
Addendum No. 1
Page-3
McKim and Creed
601 Cleveland Street
Suite 205
Clear\\'ater, Florida 33755
November 21, 2001
-I
DRIGGERS ENGINEERING
GEOTECHNICAL ENGINEERING and
CONSTRUCTION MATERIALS TESTING
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IN C O.R P 0 RAT ED
SERVICES
Attention:
Mr. Mitch Chiavaroli, P.E.
RE: Report of Geotechnical Investigation
City of Clearwater
Lift Stations No.1 and No. 22 Replacement
Clearwater, Florida
Our File: DES 014265
Dear ~fitch:
In accordance with your authorization, DRIGGERS ENGINEERING SERVICES,
INC. has conducted test borings at the requested locations for the subject lift station
replacements. Inc1udedherein are the results of our field and laboratory studies together with
geotechnical recommendations for lift station construction.
FIELD Il\rvESTIGA TION
The Standard Penetration Test (SPT) method of sampling was utilized to secure soil
samples for visual classification and to develop penetration resistance data reflective of the
strength and bearing capabilities of the soils penetrated. Logs of the Standard Penetration
borings are presented in the report attachments indicating visual and Unified Soil Classification
versus depth. The boring locations are indicated on the respective logs, referenced to the existing
lift stations. While a utility location request was made prior to mobilizing to each site, soils
within the upper 6 feet were penetrated with hand auger equipment to avoid potential damage to
undetected or unlmown subsurface utilities. A brief description of Standard Penetration Test
(SPT) method of sampling is also appended for your review.
Sarasota
941/371-3849
Fax:841/371-8962
Claerwlltar
P.O. 80x 17838, Clearwater. Florida 33762
12220 49th Street Norm. Clearwater. Florida 33762
727/571-1313 · Fax: 727/572-4080
e-mail: desiclwtr@aol.com
Tampa
813/848-6027
Fax: 813/848-7645
')
LABOR:\ TORY I~\ t:STIGA TIO~
.-\ limited laborarory tes:ing program was also undertaken !O aid in characterizing the
.engineering properties of the subsurface soils. Ou:- booratory tes:s included grainsize analyses
and Atterberg limits determinations together with an organic cor.:ent test. The results of our
laboratory tests are included in the report attachments.
GE~ER-\LIZED SVBSl~RFACE CO~DITIONS
Lift Station No.1 - The results of our test boring (B-l) has identiiied the presence of an upper
zone of gray and brown fine sand with some shell content extendbg ro a depth of about 12 feet
below existing grade. Penetration resistances indicate that these upper sands are typically in a
loose to very loose state of relative density, Below this depth interval, firm to very stiff green
clays were penetrated to a depth of about 18 feet where loose light green clayey fine sands were
evidenced to the completion depth of the boring at 21.5 feet beneath present grade.
Groundwater was recorded at a depth of 4.1 feet during the course of our geoteclmical
investigation. You will note that these observations were obtained during a period of minimal
rainfall. However, it is expected that groundwater may be tidally controlled due to the proximity
of the site to Stephenson Creek.
Lift Station No. 22 - Test boring B-2 penetrated gray and brown fine sands to the completion
depth of the boring. The stratum between about 10 and 14 feet contained traces of organic fines.
However visual examination and results of laboratory testing indicate that the organic content of
these sands is relatively low. The soils evidenced in the boring are in a medium dense to dense
state of relative density, as indicated by standard penetration resistance values.
Groundwater was measured at a depth of 5.6 feet. Since our studies were conducted
during a period of minimal rainfall, it is expected that groundwater levels may rise perhaps as
much as a foot in response to more significant precipitation.
EVALUATION ..\1"1) FO Ul'l1) A TION REC01\11\'IEi'T})A TIONS
Based upon information which you provided, we understand that the lift stations will
have foundations constructed approximately 16 to 16.5 feet below the existing ground surface.
Based upon the results of our geotechnical investigation, the bottom of the new lift station No. 22
Driggers Engineering Services Incorpcrat:ed
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j
will be within dense to very dense grayish-brown fine sands. In our opinion, the subgrade soils
with proper subgrade preparation should be suitable for support of the lift station without
excessive post-construction toial or differential settlement.
Our exploratory boring indicates that the foundation of lift station No.1 will be within a
very stiff green slightly silty cIay stratum. \\11ile these clays are considered generally suitable for
support of the planned lift station foundation, they are subject to disturbance and remolding due
to construction activity. Therefore, the site preparation requirements presented in the following
section will be of panicular importance to help minimize disturbance of the clays and subsequent
foundation settlements.
SUBGRADE PREPARATIO:" REOGJREl\IE~TS - Subgrade preparation for constnlction of
Lift Station No. 22 should consist of undercutting a minimum of 18 inches below the bottom of
the foundation elevation in order to place a compacted gravel bedding no coarser than FDOT No.
89 grading. The thickness of this bedding may warrant adjusunent based upon geoteclmical
inspection of sub grade conditions during construction. This bedding material should consist of
hard durable limerock or granite that should be thoroughly washed to prevent any concentration
of fines which could reduce the penneability of the compacted gravel. The gravel should be
carefully placed and compacted so as to provide a firm and unyielding subgrade for lift station
construction. The compacted gravel will also be instrumental in assisting in the collection any
surface waters that may enter the excavation so that they can be properly sumped and discharged
from the excavation.
The medium dense to dense sands occurring below the base of Lift Station No. 22 have
minimal potential for producing excessive lift station settlement principally due to the fact that
the lift station imparts minimal increase in vertical stress on these underlying sandy soils.
However, vibrations and disturbance due to construction activities can result in excessive total
and differential settlement of the lift station andlor connecting sewerage. For example, the
installation and extraction of neighboring sheet piles using vibratory methods can result in very
significant vibration induced settlements oftbe lift station and piping. Accordingly, the
contractor should exercise due care in utilizing construction methodologies that impart minimal
vibration after the lift station and piping have been set to line and grade.
At Lift Station No.1 where stiff clays were evidenced at the base elevation, the subgrade
should be cut to line and grade so as to avoid any excessive disturbance oftbe sub grade soils that
could result in unexpected post-construction settlements. Special care must be exercised to avoid
Driggers Engineering Services Incorporated
4
remolding and disturbance of the clays or desiccation that could resul. in post-construction
differential movement. We suggest consideration of placement ofa thin mud slab of lean
concrete immediately upon excavating to desired grades to permi: construction activities La occur
with minimal disturbance. Careful inspection wiJ1 also be warranted during subgrade preparation
to identify any very loose or soft zones occurring above or within the stiff clays that would
justify undercutting and replacement with select, compacted backfill.
In summary, the lift stations can be constructed and mainta~lec to proper line and grade
provided that proper dewatering is effected and the contractor utilizes construction means and
methods that minimize any disturbance of the subgrade soils durin~ or after structure or pipe
placement. \Vith proper sub grade preparation and constmction methods, we would anticipate
that the post-construction settlement of the lift stations would be less than 1 inch,
NEED FOR APPROPRIATE DE\VA TERI~G - Proper dewatering is vital in the construction
of the lift stations so as to avoid any unexpected settlements and pern1it proper sub grade
preparation together with replacement and compaction of backfill soils. It is recommended that
the dewatering system be instaJ1ed so as to maintain groundwater levels no less than 3 feet below
the bottom of the deepest excavation planned for the lift station. In our opinion, weJ1poims
would represent the most effective methodology for pre-draining these subgrade soils. You will
note that a two-stage wellpoint system may be required. It is recommended that the wellpoints
be properly designed and sand encased so as to ma.."Ximize the efficiency of the dewatering
system, The sand encasement is especially critical at Lift Station No.1 where clays exist at and
below the planned foundation elevation. Sand encased \vells would also be more efficient at Lift
Station No. 22 due to the stratified nature of the subsurface soils which contain zones of variable
silt and organic fines content. We would strongly suggest that a qualified dewatering consultant
be retained by the contractor to assist in the development of details of the dewatering system to
achieve proper drawdown. Further, we would recommend that the contractor install piezometers
in order to check that groundwater levels are being sustained at appropriate elevations prior to
commencing lift station construction activities.
REPLACEl\IENT Ai'("D COMPACTION OF BACKFILL SOILS - In general, the sandy
soils excavated to construct the lift stations may be re-utilized as compacted backfill. Of course,
the. moisture c~ntent in the soils will require adjustment in order to achieve proper backfill
compaction. The moisture content of the backfill soils should be controlled to within :::2% of
optimum moisture as established by the Modified Proctor moisture density relationship of
A.ASHTO T -180. The clays evidenced below a depth of about 12 feet at Lift Station No. 1
should be excluded from the backfill.
Driggers Engineering Services Incorporated
5
DRIGGERS ENGINEERING SERVICES, INC. appreciates the opportunity to assist
YOll and we trust, if you have any questions concerning ollr report, you will not hesitate to give
us a call.
Respectfully submitted,
DRIGGERS ENGINEERI~G SERVICES, INC.
as T. Korecki, P.E.
Sen r Geoteclmical Engineer
FL Registration No. 45529
e Driggers, P .E.
dent
L Registration No. 16989
NTKJcmc
NTK-REP\014265
Copies submitted: (3).
Driggers Engineering Services Incorporated
dE!~'i .
DRIGGERS
ENGINEERING SERVICES
IN CORPORA TED
Project No. DES 01.:.1265 BORING NO. B-1
Project Cit'l of ClealWater Lift Stations 1 & 22. ClearNate~. Florida
Location See "Remarks" Foreman B.S.
Completion Depth To
Depth 21.5' Date 11/14/01 Water 4.2' Time Date 11/14/01
~c:r:
l- (/) zWI- STANDARD
u.. -.I Cc..(/) PENETRATION TEST
0 w SOIL DESCRIPTION (/)~z
:r: co ...J BLOWS/FT. ON 2" 0.0,
I- ~ a.. ~ww
c.. >- ~ o~c.. SAMPLER-140 LB,
W (/) <: ...J:Ec:r: HAMMER, 30" DROP
0 (/) co<l:O
SURF. EL: +4.3+/.' (/)= 10 20 40 6080
to
0 .: ~~~~';. Gray and brown Fine SAND with roots (SP) I I I II
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Remarks Location: Sunset Point Rd. West of Stevenson Ave.. 24' West of Existing Lift Station #1
Borehole Grouted Casing Length
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~ Clearwater,
City Co m mission
Agenda Cover Memorandum
C .~8:;~20~.:::;~~
...-- ''''~' ..~,""''...;
Tracking Number: 303
Actual Date: 12/18/2003
~;il!p~ Recommendation:
Approve and accept that certain nonexclusive Sovereign Submerged Lands Easement Number
30618 to be subsequently conveyed by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida, together with terms and conditions as defined tl1erein, said
easement to encumber a certain parcel of submerged land running southeast from Baymont
Street to Memorial Causeway in Section 8, Township 29 South, Range 15 East as more
particularly described therein and authorize the appropriate officials to execute same.
Summary:
DUring tile summer of 2002 the City contracted reconstruction of its sanitary pump station;; 11
on the northwest corner of Mandalay Avenue and Baymont Street on Clearwater Beach.
Utilizing directional drilling technology, the project included subaqueous installation below
Clearwater Harbor of a new 16-inch force main extending about 2500 feet from the end of
Baymont Street to the south side of the Memorial Causeway.
The proposed conveyance provides a 50-foot wide easement to encumber 2.34 acres, more or
less, across the State's sovereign submerged lands of Clearwater Harbor within which the new
force main has been routed.
Among terms and conditions of the easement grant, should the State ever amend its rules
related to fees for submerged lands easements, the City may become liable for payment of those
fees.
The grant also provides that the State may terminate the easement upon 30 days notice if the
City should fail or refuse to comply with any easement conditions or provisions.
In the event of termination, the City must remove its structures within 10 days following
expiration or cancellation, or the State may authorize removal and sale of the structures and
equipment.
A copy of tile easement documentation is available for review in the office of Official Records and
Leqislative Services.
Originating: Engineering
Ses;tjQJJ Consent Agenda
Cateoorv: Agreements/Contracts - without cost
Number of electronic documents
~tta <:Jl.~d~
E:.\LbJl<: Hearinq: No
Financial Information:
Review Approval
Clearwater:
~' ~-::'.' .;:':-..;;::-'_.~.~'....-::~~_.
v- ::..-~"-.':.~/'''';:;
C it Y Com m is s ion
Agenda Cover Memorandum
Mir.hnel Quillen
11-17-2003
l.vnrlip. GOIJrlP.nIJ
12-04-2003
Bill Horne
12-04-2003
Pnlll Akin
11-24-2003
Garrv Brumback
12-04-2003
15:34:02
15:49:55
13:56:14
15:51:55
11:34:03
.......n~.._ ~~..' .,' ':''''~'''''''.~~''''''''_'''''''''~''''''''''';''''~'4''''''''_'''''_.'.~............,.~~~..._.~.......n'"d''' ,_" .......'.".,..., ...,,,._'.,,",.-"~'''~''''''''.'
This Instrument Prepared By:
M, Sue Jones
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
I
I ,_
--', \ T '._~
(\ I,
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BOARD OF TRUSTEES OF THE INTER.'1AL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
~O. J.Qill
BOT FILE NO, 520226733
PA NO. 52-01881053.001
THIS EASEMENT is hereby granted by the Board of Trustees of the Intemallmpro\'cment Trust Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful a.nd timely performance ofnnd complinnce with the terms and conditions staled
herein, the Grantor does hereby grant to Citv of Clearwater. Florida. hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereign lands, if any, contnined in the following legal description:
A parcel of submerged land in Section M, . : ,
Township 29 South, R.1nge ~, in Clearwater Harbor.
Pinellas County, as is more particularly described
and shown 011 Attachment A, dated Ml\v S. 2003.
TO HA VE THE USE OF the hereinnbovc described premises from Au~ust 13.2003. the effective date of
this easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel ofland shall be used solely for a subaQueous sewer force main
lUld Grantee shall not engage in any activity except as described in the Department of EnvironmentaJ Protection,
Environmental Resource Penn it No. 52-01881053-001, dated December 6. 2001. incorporated herein and made a part of this
easement by reference, All of the foregoing subject to the remaining conditions of this Easement. '
2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee (or this activity, the Grantee agrees to pay all charges required by
such amended rules within 90 days of the date thearhended rules become effective or by a date provided by an invoice from
the Department. whichever is later. All fees charged under thi~ provision shall be prospective in nature; i.e. they shall begin to
llccrue on the date that the amended rules become effective.
3. WARRANTY OF TITLE/GUARANTEE Of SUITABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suiraoility of any of the lands for any particular use.
4. WHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
llnd any and a\l prior grants by the Grantor in and to the submerged lands situated within the limits of this casement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIV A TE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and the Gruntor, or its duly authorized agent, s~al1 retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the term of this easement:' ,
, i.'"
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works
and operations of the Grantee in any matter pertaining to this e)lsemen,. . !
.. I . \
8, INDEMNIFICATIONIINVESTIGATIONOr AtL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense. Eacb party is responsible for. all p~rSo!lal injury and propeny damage attributable to the negligent acts or
ol1\,issions of that. p~y and ~le of?cers, employe~s'~nd:~~e~t~,the~f. ~othin~ herein shall be.construed as an indemnity or a
wal vcr of sovereign Immu/llty enjoyed by any party ~~! ~IO;. as prOVided In Section 768.28, Flonda Statutes, as amended from
time to time, or any other law providing limitations on ~tailT;s. '
(45)
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. ASSIGNMENT OF EASE:-.tE~T: This,easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior \\Tinen consent of the Grantor shall be null and void and without legal effect.
11. TERMINATION: The Grantee, b)' acceptance of this easement, binds itself, its successors and assigns, to abide
by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed co\'enants of the Grantee,
its successors and assigns, In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
forth or in the event the Grantee violates any of the provision~ and conditions herein, this easement may be terminated b)' the
Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisiollS of this easement shall be paid
by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall he
sufticielll if sent by U.S. Mail to the following address:
City of Clearwater
p O. Uo,\. 4748
Clearwater, Florida 3375S.4i4S
The Grantee agrees to notify the Grantor b)' certified mail of any c'hanges to this address at least ten (10) days before the
change is effective. . . .' .. , .-
12. TAXES AND ASSESSMENTS: The 'G,railtee sh~ll ass'ume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including' any 'and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfullY'nSsessed and levied against the subject property during the
effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: lrthe Urnntee does 1I0t remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Gruntor may authorize removal and may sell such forfeited
structures lUld equipment after ten (10) da)'S written notice by certified mailllddressed to the Grantee at the address specified in
Item II or at such address on record as provided to the Grantor by tlle Grantee. However, such remedy shall be in addition to
all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same UpOIl any renewal thereof or in the event of
subsequent breach or breaches.
15. RECORDA nON OF EASE~lENT: The Gran!ee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the ea~ement site' is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation n copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
16. AMENDMENTIMODlFlCA TIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZATION: Prior to commenc~mcnt of construction and/or activities authorized herein, tlle
Gralllee shall obtain the U.S. Army Corps of Engineers (CaE) pe!"111it ifit is required by the CaE. Any modificlltions to the
construction and/or activities authorized herein that Illay be required by the COE shall require consideration by and the prior
wrillen approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands,
18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
structures shllll be erected and/or nctivilies undertakep. including but n~t limited to, dredging, relocation/realignment or major
repairs or renovations made to authorized structures; on, in or over sovc'reignty, submerged lands without the prior written
consent from the Grantor, with the exception of emergenc)' !epnirs. Un\eSs spc<:ificaJly authorized in writing by the Grantor,
such activities or structures shaJl be considered unautho~lie~,and a vlola.tion of Chapter 253, Florida Statutes, and shall subject
the Grantee to administrative fines under Chapter 18-14, FI.orldn Admil)istrative Code. If emergency repairs arc required to be
undertaken in the interests of public health. safety oi'welflire,lhe Grantee shall notify the Gruntor of such repairs as quickly as
is practicable; provided, however. that such emergency:activities shull not exceed the activities authorized by this easement.
,.,' .
19. UPLAND RlPARlAN PROPERTY INTEREST: During the term of this easement, Grantee must have
sntisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(49), Florida Administrative Code, to the
extent required by paragraph 18-21.004(3Xb), Florida Administrative Code, in order to conduct the activil)' descri~d in this
easement. If Ilt any time during the term of this easement, GrBntee fails to comply Witllthis requirement, use of sovereignty,
submerged lands described in this easement shall immediately c~~e and this easement shall terminate and tille to this
easement shall revert to and vest in the Grantor immediately 8!1~ automatically.
Page l of J.Q.. Pages
Easement No, J.Qill
, "
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature
(SEAL)
Printffype Name of Witness
BY:
Ralph M. Perkins, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, Depal1mcnt of Environmcntal
Protection.,as agent for and on behalf of the Board of Trustees of
the Intert)aIImprovement Trust Fund of the State of Florida
Original Signature
, "
Printffype Name of Witness
.,
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of . 20-, by
Ralph M, Perkins. Ooerations and Manal.!cment Consultant Mana!:er. Bureau of Public Land Administration. Division of State
Lands. Deoartment of Environmental Protection. liS a~ent for and qn behalf of the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
No~ Public, State of Florida
DEP Attorney
H I.,
. Printed, Typed or Stamped Name
, , .
. M}' Commission Expires:
Commission/Serial No.
WITNESSES:
~-f d~.I-
B~I ,'f B\\lt-.l+-
Typ~.fW'_ . 1 _ ~)
~.IY)a.,iJ~.
Original Signature
~PJ.1L'~~eJ Ii. IJ,'/s,Qi]
Typed!Printed Name of Witness ' ..
BrianA'ungsl. Sr.
T~r~led ~l1IlIe of Executing Authority
"
,.t-1ayor
'.. Title ofExc'cuting Authority
t.....!
"GRANTEE"
STATE OF ~
COUNTY OF Pw ~
The foregoing ~trument was acknowledged before ~e dtis ~7 ""-- day of cI2cJ:; .2003 . by
Brian AunllSt. Sr. as ~ for and on behalf of Cltv of Clearwater. Florida. He Is ~\y known to me or who has produced
, . ~ \dent~~cation.
':'0 ~~
NOtaly~Of
I '. '.:.. ~
My Commission Expires:
Commission/Serial No.
'p~d, Type~ or Stamped Name
Page ....L of JJL Paies
Easement No. ~
.......
CD Carotin L IrHc
MV~' ao..- DNII
n. 2CIlI7
1OICID~'''-....clfC
Countersigned:
CITY OF CLEARWATER. FLORIDA
By:
William B. Horne II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Laur6lski )
Assistant City Attorney
Attest: .
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me this day of
,20_, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
PrintlType Name:
Notary Public
Pinolle, County, Florida
THIS IS ~ A SURVEY
THERE MAY BE ;"OOIT1QNAL RESTRICTlOUS AF;C-::CTlNG THIS PROPERTY
THAT \iAY BE FCU~W IN THE =U811C RECORe'S OF TrllS CO:.U;7Y
THIS LEGAL DESCRIPTION AND SKETCH WAS FREPAREO 'MT-lOL;T THE
BENEFIT OF A Ti7LC: POLICY,
BEARINGS ARE BASED UPON: See le901 description ond s~elch
DESCRIP1l0N
. A 50 foot easement for rorce l.1aln purpaslIs being In Section B, TownshIp 29 South, Range
15 East. Plnellos County, Florida, lying 25 fset on eoch side of the following described centerline,
Commence at a found X cut In the seawall along Clearwater Harbor, beIng located at the eastern
termInus of 8a~ont Street, sold X cut also being the Northeast comer of Coral Motel, A
CondominIum os recorded II'Y Condominium book 42, pages 114 through 119 and oleo recorded In
official record book 5043, pages 2133 through 2170 of the public records of Plnellas County, Florida;
thence along the extension of the East line of sold Carol Motel, N.OS'S6'54 "E, a dIstance of 8.51
feet to the Point of 8eglnnlng of sold centerline; thence leaving sold East line extensIon, S.39'02'19"E.,
a distance of 51.35 feet; thence 5.40'SS'56"E., a distance of 91.11 feet, thence S.39'52'32"E.,
a distance of 90.14 feet; thence 5.JB'SO'13"E., a distance of 60.99 feet; thence S.35'29'26"E.,
o dIstance of 61.134 feet; thence S.32'40'50"E., 0 distance of 339.56 feet; thence S.34'10'02"E.,
o distance of 95.40 feet; thence S.3B'26'09-E., 0 dIstance of 437.53 feet: thence S.34'25'OB"E.,
a dIstance of 95.02 feet: thence S.31'.9'34-E., 0 distance of 94.50 feet; thence S.30'24'S2-E.,
o dlstancs of 156.83 fset; thence 5.31'23'46-E., a dIstance of 61.10 f.et; thence S.27'Z7'32"E.,
o dlstancll of 62.56 feet; thence S.2J'~5'J6"E., a distance of 90.81 feet: thence S.19'4S'29"E,.
a distance of 60.99 feet; thence 5.15'S2'50"E., 0 distance of 61.70 feet: thence S.II'31'17"E.,
o distance of 12.3.60 feet (more or lesll) to the north right-of-way line of l.4emorlal Causeway (Stats
Rood 60) and to the PoInt of TermInatIon. The sIde lines of sold 50 foot easement to be shortened
or lengthened to meet at a poInt and to terminate at the North right-of-way line of Memorial
Causeway, and at the East boundary of sold Coral Motel, A Condominium and ths eastern termInus
of sold Boymont Street. '
Containing 101.725 Square Feet or 2.34 Acres More or Less.
-"*1:....... A
P..- . ., ,.,....
.........It.... ..,.
HOlE: 1110 geometry pe1alnhl t. 1/10 ,.a of Ian. .... ....... MNl/I II ....)' ~... ... tile ..."., - ~ WI VI. r--.I NcIumtIIW .. Iloted
end 10 ...)tot to a """*' IIild b_otary ourwy
PlllPAMD FtIII:
and
CITY OF CLEARWATER
Sketch of 50' EASEMENT FOR FORCE MAIN PURPOSES
QCCICIIlI ClCt
JHS
,.....
2& SO'-'th
AND
0008302103
JHS
IEC'llClNIl
8
.lCIlI No.1
=
....dID ft
18E OAOlP, NO.
litgtt.....~....5W. 1M ~
~ -' IIWI-
_ I'oIiI f'Iooo ..... .... -.
a.ar..e.. ,..,... SS7SIl
T....- (7%1) ll.31->>Oll, ,..... (727) ,...
c.tHloate .f....thootoatIIlI: ~ MIl
11..f~
ONAL SUft\tvoR AND MAPPER
UCE'NSE NUMBER PSN S7a3 STAlE OF f'i..oRIDA
Sheet -L of 2
THIS IS llill A SURVEY
THERE MAYBE ADDlllCNAL RESTRICTIONS AFFECTIt-;G THIS PROPERTY
THAT MAY BE FOUND IN THE PUBLIC RECCRDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE POLICY.
BEARINGS ARE BASED UPON: See legal descripllan and sketch
UNE 1
UNE 2
UNE 3
UNE 4
LINE 5
LINE 6
LINE 7
LINE 8
LINE 9
LINE 10
LINE 11
LINE 12
LINE 13
UNE 14
UNE 15
UNE 16
UNE 17
LINE 18
____It
,... . f1111 ......
............... .,.
LINE TABLE
N.06'56'54"E.
S.39'02'19"E.
S.40'55'56"E.
5.39'52'32"E.
S.36'SO'13"E.
5.35'29'26"E.
5. 32'40'SO"E.
5.3410'02"E.
5.38'26'09"E.
5.34'25'08"E.
5.31'49' 34"E.
5.30'24'S2"E.
5.31'23' 46"E.
S. 27'27' 32" E.
5.23'SS'36"E.
5.19'45'29"E.
5.15 'S2' SO"E.
5.11'31'17"E.
L1 ~ UNE 1
POINT OF BEGINNING
Plnollas Caunty, florida
GRAPHIC SCALE
~oo
400
I
1 inch - 200 It.
8.51'
51.35'
91.11'
90.14'
60.99'
61.64'
339.56'
95.40'
437.53'
95.02'
94.50'
156.83'
61.10'
62.56'
90.61'
60.99'
61.70'
123.60'
NORTH RIGHT-OF-WAY
LINE OF MEMORIAL
CAUSEWAY
HOTEl 'lIIe .......ltr ,"'aklln. to VIa ,.... ar ...... beg ........ h.., .. ....., ..... ..,.,. .. .....-.,.. ......., Gl'I tho ,... ~" . 110....
Gl'Id Ie 1lIlI)Iot to a ,.",.. tIalcI """"arr aurwy
PlllPAND POll:
..,. ~...
Legal Description ond
Il:.UI DA1att/UllOOZ __
1--200' ml =~/OJ
.II>> Me.:
0001302103
-
CITY OF CLEARWATER
Sketch of 50' EASEMENT FOR FORCE MAIN PURPOSES
CD
NOT VALID Yl11HClUT 1HE S1ONA1URE AHO
1HE ORIGINAL ItAISID SEAL OF A
~VEY'Oft AND
:.~
--- -
lIE QAC)Ut, NO.
D1ptt...",.....~ CIfIIf1
...,... ..tlllwft
3IO~.....Ihoi......1OO,
ae.waw, narlda snM
Talephlll'la (127) 131-'" ,....... (717)
o.tIfloata .. ~ ~ ....
.... .. ....
H. 'SCOTT
DNA&. SU
CENSE NUMBER PSM S7e3 $TAl[ OF f\.ORIDA
Sh..t ...L of 2
_.J
,I
,~~J
(IL ,~/j
~' Clearwater
City Commission
Agenda Cover Memorandum
~I ::~~'-~~~~~~
Trackinq Number: 300
Actual Date: 12/18/2003
S_LLb j~-<~tLRec;om III end a tiQD-:
Approve and accept that certain nonexclusive Sovereign Subnlerged Lands Easement Number
30619 to be subsequently conveyed by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida, together with terms and conditions as defined therein, said
easement to encumber certain parcels of submerged land adjacent to fvlemonal Causeway in
Section 16, Township 29 South, Range 15 east as more particularly described therein.
Summary...;.
The t-lemorial Causeway Bridge Replacement necessitated relocation or adjustment of City
potable and reclaimed water lines, sanitary sewer and gas lines crossing Clearwater Harbor to
avoid project construction conflicts.
The lines have all been relocated and installed on the north side of the new bridge alignment
untilizing directional boring technology, extending from upland connections along Drew Street to
the t-1emorial Causeway.
The proposed conveyance provides four 20-foot wide easements across the State's sovereign
submerged lands of Clearwater Harbor to accomodate the relocated 20-inch sanitary force main,
18-inch potable and reclaimed water mains, and a 6-inch gas main.
Among terms and conditions of the easement grant, should the State ever amend its rules
related to fees for submerged lands easements, the City may become liable for payment of those
fees.
The grant also provides that the State may terminate the easement upon 30 days notice if the
City should fail or refuse to comply with any easement conditions or provisions.
In the event of termination, the City must remove its structures within 180 days following
expiration or cancellation, or the State may authorize removal and sale of the structures and
equipment.
A copy of the easement documentation is available for review in the office of Official Records and
Leqislative Services.
Originating: Engineering
~~cJio.Q Consent Agenda
CateQorv: Agreements/Contracts - without cost
Number of electronic documents
attQ~h~~
Public Hearing: No
Financial Information:
Review Approval
~ Clearwater
;:;~
~~
Michilel Quillen
C:vnrlif' GnllrlP.n II
Bill Horne
Lnllrn Linnwski
Garrv Brumback
City Co m m 15510 n
Agenda Cover Memorandum
11-17-2003
12-04-2003
12-04-2003
11-21-2003
12-04-2003
15:32:59
15:47:57
13:54:59
15:59:24
11 :34:45
. .
This Instnunent Prepared By:
Jame. E. C. Reynolds
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee. Florida 32399
BOARD OF TRUSTEES OF TIlE INTERNAL IMPROVEMENT TRUST FOND
OF THE STATE OF FLORIDA
R02. pwS
fGz. ~ t:+ 5
SOVEREIGN SUBMERGED LANDS EASEMENT
NO.~
BOT FILE NO. ~20226743
PA NO. 52-01826353-001
THIS EASEMENT is hereby gnnted by the Board ofTrustees of the Intemnl Improvement Trust Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETII: That for the faithful and timely performance of and compliance with the terms and
conditiOQJ stated herein, the Grantor does hereby grant to City ofctwwater. Florida. hereinafter referred to
u the Grantee, a nonexclusive euement on, under and across the IOvereign lands. if any, contained in the
following legal description:
A parcel of submersed land in Section ~
Township 29 South. Raaae ~ in cteuwaw Harbor.
fiDdIu County, u is more partic:u1ufy delCll'bed
and shown on Attachment A, dated March 3. 2003.
and March 6.2003.
TO HA VB THE USE OF the hereinabove described prerniJes from March 26. 2003. the effective date of
.
this eucmcnt. The tenns and conditions of and for wbicbthiJ euemeot Is granted are II follows:
1. USE OF PROPERTY: The above descn'bed parcel ofland abaIl be UIed IOIe1y for four .m&qlHlOOS
u~ croui!\i~ and Grantee shall not enaaae in any Ktivity except u deacribed in the DepIrtmcIlt ofEovironmentaJ .
Protection, Noticed Oeoeral Pamit No. 52-01826353-001. elated .\pril30 2001. incorporated herein and made a
part of this easement by reference. All of the foregoina subject to the remainins cooditions of this Euc:ment.
2. EASEMENT CONSIDERATION: In the event the Grantor ameads its rules relaled to fees and the
. amended rules provide the Grantee wiD be chlrpd .. fee or an incteuod foe for this ac:tivity, the GraDloe aareea to
pay all charge. required by such amended rulea within 90 day. of the date the ameoded rulClI bec:ome effective or by a
date provided by an invoke from the Depuuncct, wbic:bever islatcr. AU fca c:barpd under thiI provilioo ahaJ1 be
prospective in nature; i.e, they sba1I begin to ICCNe on the date that tho amended nales become eft'ective.
3. W ARIlANTY OF TITLPJGUAIlANTF.E OF SUlTAQILlTY OF USE OF LAND: GrIntor DIither
warranu title to the Ianda dac:ribed herein nor ........ the IUil.lbility of III)' of the lands for lIlY putic:ular UN,
... . RIGHTS GRANTED: The riahts hereby panted IbID be IUbject &0 allY and III prior riaJrta of the
United Statel and any and all prior pub by the 0ranI0r in and to the IUbmqed lands Iituated tWhln the 1imiu of
this euement. t .
5. DAMAGB TO RA..4;RMENT PROPERTY AND INTEIlFBRENCE Willi PUBUC AND PlUV ATE
RlGlfiS: Grantee ahaJ1 DOt damaae the euemeaalauda or unduly iderfere with public or priVlle riahts thcniD.
6. GllANTOR'S RlGKl' TO GRANT COMPATIBLE USES OF THE EASBMENT PIlOPER.TY: tbia
euemeat II nonaduIive, IDd the GtIMor, or ita claJy IIdhoriIed ....1hI1I..... the ,.. to ..... the property or
to ..... in IJIIIIIIIIMIII ac:dvitiII DOt inconIiIteIIt with the UN __ providecllw IDd .. ..... the ,... &0 pul
compatible UIClI ofw property to third putlClI duriJte the twin olthil4ltMad 10 km8 u the _ armed to third
putielare not incompatible or inc:ooIllteut with the riabtI araated herein, and do DOt interftn willi the OruIIoe's UN
hereunder.
[4S)
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect
the works and operations of the Grantee in any matter pertaining to this easement.
8. lliQEMNIFICA TIONfINVESTIGA TION OF ALL CLAIMS: The Grantee shall investigate all claims
of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to
the negligent acts or omissions of that party and the officers. employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign inununity enjoyed by any pany hereto, as provided in Section
768.28, Florida Statutes, as amended from time to time, or any other law providing limilations on claims.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to tlllitllement and
any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon Coanty, Florida,
10. ASSIGNM:B.'T OF EASEMENT: This easement shall not be assigned or otherwise transferred
without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably
withheld. Any assignment or other transfer ....ithout prior written consent of the Grantor shall be nuU and void and
without legal effect.
11. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns,
to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed
covenants of the Grantee, its successors and assigns, In the event the Grantee fails or refuses to comply with the
provisions and conditiolU herein set forth or in the event the Grantee violates any of the provisions and conditions
herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. tftenninated, all of
the above~escribed parcel ofland shall revert to the Grantor. All costs, including attorneys' fees, incurred by the
Grantor to enforce the pro\;sions of this easement shall be paid by the Grantee. All notices required to be given to
Grantee by this euement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the
foUowing address:
Director of Engineering
City of Clearwater
P.O. Box 4748
CleatWater, Florida 33758-4748
With copy to: City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before
the change is effective.
12. T .A.XES AND ASSESSMENTS: The Grantee shall assume all responaibility for liabilities that accrue to
the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of
every kind lUld description which are now or may be hereafter lawfully assessed and levied against the subject
property during the effective period of this easement which result from the grant of this easement or the activities of
Grantee hereunder,
13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINE~: If the Grantee does not remove said
structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement,
such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may IUthorize removal and
may sell such forfeited ItructWes and equipment after one hundred-aghty (180) days written notice by certified mail
addressed to the Grantee at tbe address specified in Item 11 or at lUeb addresa on record IS provided to the Grantor
by the Grantee. However, such remedy 5hal1 be in addition to all other remed.iea available to Grantor under applicable
laws, rules and regulations inc1udins the right to compel removal of all structures and the right to impose
administrative fines.
14. ENFORCEMENT OF PROVISIONS; No failure, or successive failures, on the part of the Grantor to
enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a
discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any
renewal thereof or in the event of subsequent breach or breaches.
15. RECORDATION OF EASEME1'oT: The Grantee, at its own expense, aha1l record this fully executed
easement in its entirety in the public records oftbe county within which the easement aite is located within fourteen
(14) days after receipt. and shall provide to the Grantor within ten (10) days following the recordation a copy of the
recorded easement in its entirety which contains the O.R. Book and pagel It which the easement is recorded.
16, AMENDMENTIMODIFICATIONS: This euement is the entire and only agreement between the
parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and
must be accepted, acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZA nON: Prior to conunencemen1 of construction and/or activitieJ authorized
herein, the Grantee shall obtain the U.S. Army Corp. ofEngineen (COE) pennit ifit is required by the COE, Any
modificatiolU to the colUuuction and/or activities authorized herein that may be required by the COE shall require
coruideration by and the prior written approval of the Grantor prior to the commencement of coDltJUction andlor any
activitia on IOvereign. submerged lands.
Page 4 of 11 Pages
Eucment No. ~
18. ADDmONAL STRUCTURES OR ACTMTIESlEMERGENCY STRUCTURAL REPAIRS: No
additional strUctures shall be erected and/or activities undertaken, including but not limited to, dredging,
re1ocationfrealignmeot or major repairs or renovations made to authorized structures, on, in or over sovereignty,
submerged lands without the prior written consent from the Grantor, with the exception ofemcrgency repail'1.
Unlcsa specifically authorized in writing by the Grantor, such activities or structures shal1 be considered unauthorized
and a violation ofChaptcr 253, Florida Statutes. and sh.alI subject the Grantee to administrative fines under Chapter
18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public
health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quicldy u is practicable~ provided.
however, that such emergency activities shall not exceed the activities authorized by this casement.
19. UPLAND RIPARIAN PROPERTY INTEREST: During the term oftbis eascmeut. ~ must have
satiafactory evidence ofaufficient upland interest as defined in subsection 18-21.003(49), Florida AdnUniltrativc
Code, to the extent required by paragraph 18-21.()04(3 )(b), Florida Administrative Code, in order to conduct the
activity described in this easement. If at any time durill8 the term of this easement, Grantee fails to comply with this
requirement, use of sovereignty, submerged lands descnDed in this euement sha1I immediately cease and this
easement aball terminate and title to this easement shall revert to and vest in the Grantor immediately and
wtomatically.
Paae 3. of 11 htJea
Eucment No. lW2
WITNESSES:
BOARD OF TRUSTEES OF TIlE INTERNAL
IMPROVEMENT mUST FUND OF nIB STATE
OF FLORIDA
0riginaJ signature
(SEAL)
0riginaJ Signature
BY:
Ralph M Pestina, Operations and~
Comultam ManI&a', Bureau of Public Land
Admiriltralion, DMJion of State Landa, DepIrtmem
ofEuvironmaUl Protection, u IF1l for and 011 bebalf
of the Board of Trustees of the ImmaI Improvement
Trust Fund of tile State of~
PrintII'ype Name of Witness
Printfrype Name ofWrtness
"GRANTOR"
STATE OF FLORIDA
COVNTY OF LEON
The fureaoins instnJmed wu acknowledged before me this day ~ . 20-0
by Ralph M. Pfridn.'l Ooera!ioos and M~ ComultaDl MaNli"'", BW'eIII.I ofPuhlic lAnd Admini!ltntinn Divisioo of
State l.And!l ~ afEnvimflllWllBl Proudion. u ~ for IIIId OIl beMIf of the Board of Trultees of the INllrnal
~t Trust Fund of the Stare ofF1orida. He is penona1Jy known to me.
APPROVED AS TO FORM AND LEGAU1Y:
Notary Public, State of Florida
DEP Attorney
Prinsed, Typed or StImped Name
My Comrniuian &pires:
COImlissionISerial No.
.... ~ of nPlpl
e...nn No. 32m
Countersigned:
City of Oeluwater. Florida
Brian 1. Aungst
Mayor-Commissioner
BY:
William B. Home, n
City Manager
Attest:
Approved as to fonn:
Laura LipowsIri
Aa3istant City Attorney
Cynthia E. Goudeau
City Oerit
WITNESSES:
GRANTEE
Original Signature
TypedIPrinted Name ofWrtness
Original Sipture
TypedIPrinted Name ofWrtnesa
STATE OF
COUNTY OF
Tho foregoing instrwnem was aclcnowledged before me this day of . 20_
by Brian 1. Aw\jpt. as ~f4yor-CommissiolltS. for and on behalfofthe CiXY ofC1Mrwat1'r Rodda. He is pcrIOMlJy known
to me or baa produced . as kSemficatlon.
My Cornrnission Expires:
NoW)' Public, State of
CommiaIiorVSeri No.
Printed, Typed or ~ NIme
The foresoini inJtnuneot was aclcnowIedged before me tIQ day of . 20---,
by William B. Horne. IS City Manaaer. for and on behalf of the City ofOearwaler. FJorida. He is pcnonaIly known to me
or baa produced . II identification.
My CocmUIion Expires:
Notary Public, Sta of
Commiuiow'SeriaI No.
Printed, Typed or S~ Name
PIp ~ of'11 PIleI
F.uemcn No. ~
~
~ MARK
LL
3294{E)
.5.343 (N)
EXTENDED NORTH R/W
~ UNE DREW, STREET
LEGAl DESCRIPllON (20' UllUlY EASEMENT F~ 18- RECLAIMED WA lER MAIN)
A PARCEL L't1NG MlHlN SECllON 16, TOWNSHJP 29 SOUlH. RANGE 15 EAST,
, AlL L'11NG AND BEJNG IN PINE1.lAS COUNlY, FlORIDA AND BEING "'~E
PARTICULARLY DESCRIBED AS' Fcu.OWS: '
mAT PART OF THE SO\{RElGN lANDS Of THE STAlE OF flORIDA lltAT UE
MlHlN lHE FOlLOVl1NG DESCRIBED AAEA.
Ca.tt.tENCE AT A fOUND CHISEL MARK ON A CONCRETE SEA WALL MARKING
lHE INTERSECTION OF 1HE EXTENDED NORlH RtGHT-OF-WAY OF DREW SlREET.
AND mE EAST EDGE (J" a.EARWAlER BAY, (N~lliJNG 1322051.5343
EASnNG 396924.3294); THENCE 520-45'44-W, ON THE SAJO EAST ~
OF a..EARWAlER BAY AlSO BElNG THE APPARENT MEAN HIGH WATER UHE
Of SAID ClEARWAlER BAY. A DISTANCE OF 27.21 FEET TO lHE PatNT OF
BEGINNING; THENCE 520"45' 44"W, C~l1NUING ON lHE EAST EDGE a: SAID
a..EARWATER BAY ALSO BEING THE APPARENT MEAN HIGH WATER UNE Of'
SAID a..EARWATER BAY, A DISTANCE OF 22.18 FEET; lHENCf S85"09'4J-W,
DEPARnNG lHE EAST EDGf: OF SAID a.EARWAlER BAY AlSO BEING THE
APPARENT MEAN HIGH WATER UHE a: SAID cu:ARWATER BAY, A DISTANCE
OF 587.31 FEET TO A POINT ~'lHE NORTH RIGHT-Of-WAY UNE OF SAID
STAlE ROAD 60 (MEMORIAl. CAU~AY); lHEHCE N6J"2J'43-W, ON THE
N~1H RlGHT-(F-WAY UNE Or STAlE ~OAD 60 (MEMORiAl. CAUSE.WAY), A
DISTANCE OF 38.34 FEET; THENCE NB5'09'43.ff DrPARnNG 'THE NtRlH
RlGHT-OF-WAY UNE OF SAID STAlE ROAD 60 (MatORlAl CAUSEWAY) A
DISTANCE OF 629.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.279 ACRES 00 12169 SQUARE FEET YORE OR lESS.
LEGEND
EC1RIC
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Pal,W 7 \)f 1:1 Pages
En~Clllcnt ~o. 3061!)
~ !
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'iI i
EXTENDED NORTH R/W
~ UNE DREW STREET
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I'ngl.l X or 13 l'ng~s
re FlIsl.lll1cn\ No. .lOci 19
~- ...
la, .3SI:>:> II "
(GINNING
LEGAL DESCRJPllON (20' Ul1UTY EASEMENT FOR 6. GAS MAIN)
A PARGa LYING 'MlHIN SECl10N 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
ALL LYING AND BEING IN ,PINaLAS COUNTY, FlORIDA AND BEING WORE
P ARllCULARL Y OESmlBED AS FOllOWS:
THAT PART Of THE SO'SIDGN LANDS OF THE STAlE OF FLORIDA THAT UE
'Mll-iIN lHE FOllO"'NG DESCRIBED AREA.
COMMENCE AT A FOUNO QUSEl. MARK ON A CONCRETE SEA WALL MARKING
THE INTERSECTION OF lHE' EXTENDED N~lH RIGHT-OF-WAY OF DREW STREET
AND lHE EAST EDGE Of ClEARWATER BAY (NORTHING 1322051.5343 .
EASllNG 396924.3294): lHENCE S20"45'44-W, ~ lHE SAID EAST EDGE
(f' a.EARWAlER BAY ALSO BEING mE APPARENT MEAN HIGH WAlER UNE
Of SAID ClEARWATER BAY, A DISTANCE Of 204.03 FEET TO THE PONT'Of
BEGINNING; lliENCE 520"45'44 -vi, CONllNUlNG ON lHE EASt ErnE Of SAID
a.EARWAlER BAY ALSO BEING 1HE APPARENT MEAN HIGH WATER UNE Of
SAID a..EARWATER BAY, A DISTANCE Of 20.76 FEET: lliENCE N84"48'3CtW,
DEPARllNG lHE EAST EDGE OF SAID a.EARWATER BAY ALSO BEING lHE
APPARENT MEAN HIGH WATER UNE Of SAID a.EARWAlER BAY, A DISTANCE
Of' 361.23 FEET TO A POINT ON THE NORTH, RIGHT-Of-WAY UNE OF SAID
STATE ROAD 60 (MEMORIAL CAUSEWAY); lHENCE N63~3' 43.W, 00 lliE
NORTH RIGHT-(F-WAY ~E Of' STAlE ROAD 60 ("EMORIAL CAUSEWAY), A
DISTANCE OF 54.78 FEETi mENCE 584"48'30-[. DEPAR11NG lIE NORlH
RIGHT-Of-WAY UNE Of SAID STAlE ROAD 60 (Maf~IAL CAUSEWAY) A
DISTANCE OF 417.80 FEET TO lliE POINT ()f' BEGINNING.
CONTAINING 0.179 A~ES OR n90 SQUARE FEET WCH: OR LESS.
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Page 9 0 . 0619
EaSt.'ll1cnt No.3
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VAlL
4.3294{E)
51.5343 eN)
EXTENDED NORTH R/W
~ LINE DREW STREET
TIiAT PART (:f THE SO~ElGN LANDS Of lHE STAlE Of nORJDA 'mAT UE
Vt11HIN THE FOll.OVt1NG ~IBED AREA.
COWMENCE AT A FOOND 0i1SEl. WARK ON A ~aIDE SEA WAll YARI<ING
niE INlERSECl10N (f' 1HE EXlENDED N~TH RIGHT-Of-WAY Of' DREW STRt.El
AND THE EAST EDGE Of a..EARWATER BAY (NOR~G 1322051.5343 .
EASTING 396924.3294); THENCE S200-45'-U.W, (J4 niE SAID EAST EDGE
<F ClEARWATER BAY ALSO BEING lHE APPARENT WEAN HIGH WATER UNE
<F SAID CLEARWATER BAY, A DISTANCE (f' 222.84 FEET TO lHE POINT OF .
NING BEGINNING; THENCE 520"45'44-W, CONllNUING ON lHE EAST EDGE OF SAID .
- a.EARWATER BAY AlSO BEING M: APPARENT MEAN HIGf WATER UNE ()f
SAID ClEARWAlER BAY, A DISTANCE OF 20.69 FEET; niENCE N84"06'59"W,
DEPARllNG 1HE EAST EDGE a: SAID ClEARWATER BAY ALSO BEING lHE
APPARENT MEAN HIGH WATER UNE OF SAID ClEARWAlER BAY, A DISTANCE
(f" 320.04 FEET TO A paNT ON THE Nam-l RIGHT-Of-WAY UNE Of' SAID
. STAlE ROAD 60 (MotORIAL CAUSEWAY); lHENCE N63"2.3'43"'W. ~ lHE
NORlH RIGHT-OF-WAY UHE (J=' STAlE ROAD 60 (WENMIAL CAUSEWAY), A
DISTANCE OF 56.53 FEET: lHENCE 584'06'59-[, DEPARllNG THE NmlH
RlGHT-(f"-WAY UNE OF SAID STAlE ROAD 60 (MDfORIAl. CAUSEWAY) A
DISTANCE Of 378.23 FEET TO THE POINT Of BEGINNING.
CONTAINING 0.160 ACRES OR 6983 SQUARE FEET "ME OR L!SS.
LEGEND
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1\ . 13 Pagt:s
Pngc II of 30619
Easement No,
~ SEA WALL
: 396924.3294(E}
, 1322051.5343 (N)
~DED NORTH R/W
~ UNE DREW STREET
=
LEGAL DESCRIPllON (20' Ul1UTY EASEMENT FOR.1S. POTABlE WATER MAIN)
A PARCEl. L..,NG WlHIN SEcnON 18, TO_SHIP 29 SOOlH. RANGE 15 EAST.
AU: L "tING AND BEING IN PINEllAS COUNlY. FlORIlA AND BEING WORE.
PARl1CULARL Y DESamED AS FOllOWS:
THAT PART OF lHE SOVEREJ~ LANDS (f'M: STAlE OF flORIDA lHAT UE
F BEGNlNG "nuN 1HE F<l1.OWNG DESCRIBED 'AREA.
" ,
COMMENCE AT A f'OUND ailSEl. MARK ON A CONCRETE SEA WALl MARKING
THE INlERSECTION (F THE EXtENDED NMlH RlGHT-(f'-WAY Of' DREW STREfl
AND M EAST EDGE Of a.EARWAlER BAY (N~aG 1J22051.5343
EASllNG396924.3294}. lHENCE S2cr45'44-vi. ON 1HE SAID EAST EDGE
OF a.fARWAlER BAY ALSO BEING lHE APPARENT MEAN tIQf WATER UNE '
(F SAID ClEARWATER BAY. A DISTANCE (f' 129.17 FEET TO llIE POINT OF '
BEQNNING; lHENCE 52CT45'44". coNlltUNG ON lHE EAST EJ)(E ri SAID .
\ a.EARWAlER ' SAY ALSO DC 1lE APPARENT MEAN tlGH WAlER ONE C'E
SAID a.fARWAlER BAY. A DISTANCE Of' 21.M FEET; THENCE S88-W08.W,
DEPAR11NG THE EAST EDGE OF SAID ClEARWAlER BAY ALSO BEJNG lHE
APPARENT MEAN HIGH WAlER LINE OF SAID aDRWAlER BAY. A DISTANCE
Of 409~08 FEET TO A paNT ON 'THE N<RlH RKJfT-Of'-WAY LINE (f' SAID
STAlE ROAD 60 (MEMORIAL CAUSEWAY); lHENCE N83"214nt. '* lHE
~1H RIGHT-Of-WAY UHE 'OF STAlE ROAD 60 (MEUCRAl. CAUDAV), A '
DISTANCE CF 39088 FEET; lHENCE N.~'08-r. DEPAR11NG lHE Namt
RlGHT-<F-WAY UNE 'OF' SAm STAlE ROAD 60 (MBtCRAL CAUSDtAY) A'
DISTANCE <F 452.59 FEET 10 TtE paNT Of BE~G.
CCJ4TANNG 0.198 AaB OR 8618 SQUARE, FEET MORE OR lESS.
LEGEND
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ElIs~mt:1l1 No.
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Crystal Report Viewer
Page 1 of2
r \ . "\.' (.. I
L- 1\, L- ":>
( .], (.;, .
~ I
~ Clearwater!
~.~"i
City Commission
Agenda Cover Memorandum
Tracklna Number:
I
341
Actual Date:
Subject I Recommendation:
Disband the Charter Review Committee
Summary:
The Charter Review Committee submitted a report recommending charter revisions to the
Commission on October 16, 2003. The committee has completed Its task of reviewing the
current Charter and proposing recommendations. Should there be a need for a committee to
address charter revisions, a new committee could be established.
Until such time, the current committee Is disbanded; the members are stili subject to the
provision of the Sunshine Law.
Orlalnatlng:
Official Rec and Legislative Svc
Section Consent Agenda
Category; Other
Financial Information:
~ Operating Expenditure
Review ApDrov~'
Cyndle Goudeau
12-04-2003
15: 19:20
1~/~/()603
s. ~Jr
, zll/tJ~
http://netfyilNetFYI/Clients/f34800cf-82c0-4c 16-93e2-a98b85ce903 7/3 2584E93 ,htm
12/4/2003
('/\ l
J7
j,
~ Clearwater.
City Commission
Agenda Cover Memorandum
~I :':::~~:::;~~~;~8% .
Trackinq Number: 331
Actual Date: 12/18/2003
S1LQJ~!=.LLRt;~-9mm e nd a tioJl~
Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida General
Partnership, conveying any interest the City may have to tile Sea Captain Resort t'-10tel property
located at 40 Devon Street, Clearwater Beach, Florida 34630,
Summary:
For many years there has been a question as to ownership of some of the upland property in the
Southwest corner of the Clearwater City Marina (or Water Lot 1). The history regarding
conveyances of the property, in relevant part, is as follows, As of 1951, the City of Clearwater
owned a portion of the subject property, specifically, a portion which is now known as the Sea
Captain rv1otel. The City conveyed its interest via Quit Claim Deed (as recorded in O,R, Book
1324, Page 409) in 1951. Tile conveyance passed any interest the City Ilad " . . ,to the existing
high water mark in Clearwater Harbor, , , togetller with all riparian rigllts thereunto
appertaining. "
At some time in 1957, the then-owner of the Sea Captain Motel built a seawall on the north side
of the property. Reconciling where the seawall lies relative to the high water mark referred to in
the City's deed prompts confusion on the property boundary. The City, among others, has not
been able to determine where the high water mark was at the time of its conveyance In 1951,
and as a result, where the City's interest technically ended for purposes of the transfer of title.
In any event, the City conveyed any and all interest it had in the property, Any lands to the
Nortll of the high water mark would be considered sovereign submerged lands.
Harry Cline, Esq. has approached the City requesting that a Quit Claim Deed be executed and
delivered to his client, Mr. Eifert, in order to assist in clearing title. Mr. Cline has indicated that
he also intends to complete the process dictated by Florida Statute Section 253, which is to
secure his client's interest to any filled lands inside the seawall (that would be catagorized as
filled sovereign submerged lands) in the event a gap exists between what the City conveyed and
the seawall. Such filled lands are subject to transfer of title by the state under the statute. The
City's Quit Claim combined with a conveyance by the state under the st
atute would clear title in the Sea Captain's name.
Oriqinatinq: City Attorney
SectLQJl Consent Agendll
Category: Other
Nl!.mbJ~r of electronic documents
attached:
Public Hearing: No
o
FinOlnr.i;lIlnrnrmatinn:
Type: Other
131d.Re~!.lire_dl No
~ Clearwater
I~I ~~~~f--:-:%~~~
Bid Exceptions:
Other
Other Contract?
Not Applicable
llLC1J.J:re!1t Year Blldget?
No
!3jJ.Qg.et Adlu..-?.tment:
No
Review Aporoval
Laura Lioowski
Cvndle Goudeau
Pnm Akin
C it Y Com m IS S Ion
Agenda Cover Memorandum
12-02-2003
12-04-2003
12-04-2003
10:55:12
10:20:13
09 :09:01
"~""4. "', .".... ~"" ~.,........"___. ......._._, ""'.""~",,_"""__"~l-o_''''''''''+'.'_ ~,--,_.___,...__..._.__._.._.~_,_",~-.",~_.~____,,,,,.._..............,,____.;.-...,."-,~._.",,......._,+ . .",. ~
F/-J I
~q.
~ Clearwater
City Com mission
\.1 ~:.~'::%%~:S0~,
Agenda Cover Memorandum
Trackmq Number: 323
Actual Date: 12/18/2003
SubEctLRecommendation:
Adopt Resolution 03-36 authorizing the refunding of tile outstanding Gas System Revenue
Bonds, Series 1996A.
Summary:
The Gas Revenue Bonds, Series 1996A (interest rates from 4.25% to 5.8%) are eligible for
refunding.
fvlarket conditions are becoming favorable to refinance this issue. Currently the City would
realize a net present value savings of approximately $390,000 on this refunding. This is equal
to 4.8% of the bonds that would be refunded. Net present value savings is the gross debt
service savings after costs of issuance have been deducted and a discounting process had been
used to express the savings in today's dollars.
The bonds will only be refunded if adequate savings as well as other requirements are going to
be realized.
The complete resolution is available in the Office of Official Records and Legislative Services
Department,
QdQl!La.tlllil";' Finance
Section Other items on City M
Cateoorv: Bonding
Number of electronic documents
attached:
1
Finanr.iilllnformalion:
me: Other
Review ARproval
Maraie Simmons
11-25-2003
15:57:33
Cvndie Goudeau
12-04-2003
14:40:22
Bill Horne
12-04-2003
14:00:58
Pam Akin
12-04-2003
09:08:06
Garrv Brumback
12-04-2003
11 :30:20
. ITEM #
I~' Fr'vl I
(.~, ,)1
RESOLUTION NO. 03-36
A RESOLUTION PROVIDING FOR THE AUTHORIZATION OF NOT TO EXCEED
$10,000,000 GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2004;
PROVIDING FOR THE PUBLIC SALE OF SAID BONDS; SETTING FORTH THE
FORM OF THE NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND
SALE RELATING TO THE SALE OF SUCH BONDS; DIRECTING PUBLICATION
OF THE SUMMARY NOTICE OF SALE RELATING TO SUCH BONDS;
PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF THE
BONDS; SETTING FORTH THE FORM OF OFFICIAL NOTICE OF SALE AND BID
FORMS; PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN FULL BOOK
ENTRY FORM; APPROVING THE FORM OF A PRELIMINARY OFFICIAL
STATEMENT; PROVIDING FOR COMPLIANCE WITH A CONTINUING
DISCLOSURE CERTIFICATE; DESIGNATING A REGISTRAR AND PAYING
AGENT; PROVIDING FOR AN ESCROW DEPOSIT AGREEMENT AND
APPOINTING AN ESCROW AGENT; AUTHORIZING THE PURCHASE OF
MUNICIP AL BOND INSURANCE; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Clearwater, Florida (the "Issuer") has by Ordinance No. 5118-91,
enacted by the Issuer on August 15, 1991, as amended and supplemented, and by Ordinance No.
7191-03, enacted by the Issuer on October 2,2003 (collectively, the "Bond Ordinance") authorizerl
the issuance of City of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series [to be
determined];
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARW A TER, FLORIDA, as follows:
SECTION 1. AUTHORIZATION OF BONDS AND SERIES DESIGNATION. The Gas
System Revenue Refunding Bonds, Series 2004 being offered pursuant to the Bond Ordinance and
this resolution are hereby designated as the not to exceed $10,000,000 City of Clearwater, Florida,
Gas System Revenue Bonds, Series 2004 (the "Series 2004 Bonds"), which Series 2004 Bonds are
hereby authorized to be issued. The proceeds of the Series 2004 Bonds shall be used to refund the
Issuer's outstanding Gas System Revenue Bonds, Series 1996A maturing on and after September 1,
2004 (the "Refunded Bonds"), pay the cost of issuing the Series 2004 Bonds, including any municipal
bond insurance, and to fund a debt service reserve fund.
Resolution No, 03.36
1
.
SECTION 2. PUBLIC SALE. There is hereby authorized to be sold pursuant to a public
sale not to exceed 510,000,000 City of Clearwater, Florida, Gas System Revenue Refunding Bonds,
Series 2004-,
SECTION 3. SALE OF SERIES 2004 BONDS; REDEMPTION AND MATURITY
PROVISIONS. The Finance Director is hereby directed to arrange for the sale of the Series 2004
Bonds utilizing the electronic bid process of PARITY through the publication of the Summary
Notice of Sale of the Bonds in The Bond Buyer. such publications to be on such date as shall be
deemed by the Finance Director to be in the best interest of the Issuer and such publications to be
not less than ten (10) calendar days prior to the date of sale as required by Section 218.385(1),
Florida Statutes; and to publish such Notice in such other newspapers on such dates as may be
deemed appropriate by the Finance Director,
The Series 2004 Bonds shall be subject to optional redemption and shall bear maturities and
sinking fund amortizations as shall be subsequently determined by the Finance Director, upon
advice of the City's financial advisor and based on market conditions existing at the time, prior to
the publication of the Summary Notice of Sale as hereinafter approved. In addition, the Finance
Director is authorized to change the series designation of the Series 2004 Bonds to reflect the actual
year in which the Series 2004 Bonds are issued.
Proposals for purchase of the Series 2004- Bonds will be received electronically via PARITY
as provided in the Official Notice of Sale, from the time that the Notice of Bond Sale is published
until 11:00 a.m., Clearwater, Florida time, on such date and time as may be established by the
Finance Director of the City or her designee, and if such date is subject to change, communicated
through Thompson Municipal Market Monitor (TM3) not less than twenty-four (24) hours prior to
the time bids are to be received for the purchase of the City of Clearwater, Florida, Gas System
Revenue Bonds, Series 2004; provided that if the internet is not working on the designated bid date,
the bid date shall be automatically changed to the next business day, and the City will communicate
a confirmation of this change in bid date through Thompson Municipal Market Monitor (TM3), all
as provided in the Notice of Sale (the "Bid Date"),
SECTION 4. CREATION OF ACCOUNT IN THE REVENUE FUND AND USE OF
FUNDS. There is hereby created with the Revenue Fund a separate subaccount, namely, the Series
2004 Cost of Issuance Account. Moneys held in the Series 2004 Cost of Issuance Account shall be
used to pay the costs of issuing and delivering the Series 2004 Bonds.
SECTION 5. DISPOSITION OF PROCEEDS OF SERIES 2004 BONDS. The proceeds
from the sale of the Series 2004 Bonds shall be deposited as follows:
(a) An amount equal to the accrued interest on the Series 2004 Bonds shall be deposited into
the Interest Account in the Sinking Fund;
Resolution No. 03-36
2
(b) An amount determined by the Finance Director to be necessary to pay the costs of issuing
the Series 2004 Bonds, including the premium due to the Bond Insurer, shall be deposited into the
Series 2004 Cost of Issuance Account in the Revenue Fund to pay such costs;
(c) An amount determined by the Finance Director in consultation with the City's Financial
Advisor to be deposited under the Escrow Deposit Agreement (hereinafter approved), which
together with certain funds currently held by the Issuer in the Sinking Fund for the Refunded
Bonds, will provide sufficient funds to defease the Refunded Bonds;
(d) An amount determined by the Finance Director to be necessary to increase the amount in
the Reserve Account in the Sinking Fund so that the amount on deposit therein equals the Reserve
Requirement; and
(e) The remaining proceeds of the Series 2004 Bonds representing a rounding amount shall
be deposited into the Sinking Fund for the Series 2004 Bonds,
SECTION 6. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of
Sale of the Bonds to be submitted for purchase of the Series 2004 Bonds shall be in substantially the
forms annexed hereto, as Exhibits A and B, respectively, together with such changes as shall be
deemed necessary or desirable by the Finance Director depending on the bidding method selected
in accordance with Section 3 hereof, incorporated herein by reference. The form of the Official Bid
Form shall be provided by the internet auction website selected by the Finance Director, and shall
be reasonably satisfactory to the Finance Director.
SECTION 7. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the
residents and inhabitants thereof that the Series 2004 Bonds be issued utilizing a pure book-entry
system of registration. In furtherance thereof, the City has previously executed and delivered a
Blanket Letter of Representations with the Depository Trust Company. For so long as the Series
2004 Bonds remain in such book entry only system of registration, in the event of a conflict between
the provisions of the Bond Ordinance and of the Blanket Letter of Representations, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 8. ESCROW DEPOSIT AGREEMENT The form of Escrow Deposit Agreement
to be used in connection with the defeasance and redemption of the Refunded Bonds attached
hereto as Exhibit "F" and incorporated herein by reference is hereby approved. The Mayor-
Commissioner, or in his absence the Vice Mayor, the City Manager and the City Clerk are hereby
authorized to execute such Escrow Deposit Agreement in substantially the form attached as Exhibit
"F" upon the approval of the City Attorney as to form and legal sufficiency, with such additional
changes, insertions and omissions therein as do not change the substance thereof and as may be
approved by the said officers of the Issuer executing the same, such execution to be conclusive
evidence of such approval.
Resolution No. 03-36
3
The Finance Director is hereby authorized to solicit offers from financial institutions to serve
as Escrow Agent under the Escrow Deposit Agreement for the Refunded Bonds, and the Finance
Director is hereby authorized to select the firm with the lowest bid to serve in such capacity.
SECTION 9. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The City Manager and Finance Director are authorized and directed to cause a Preliminary Official
Statement to be prepared in substantially the form attached hereto as Exhibit C, with such changes,
insertions and omissions as shall be approved by the City Manager and Finance Director, containing
a copy of the attached Notice of Bond Sale and to furnish a copy of such Preliminary Official
Statement to interested bidders. The City Manager and Finance Director are authorized to deem
final the Preliminary Official Statement prepared pursuant to this Section for purposes of Rule 15c2-
12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series 2004
Bonds to the successful bidder, the City shall also make available a reasonable number of copies of
the Preliminary Official Statement to such bidder, who may mail such Preliminary Official
Statements to prospective purchasers at the bidder's expense. Following the award of the Series
2004 Bonds, the City Manager and the Finance Director shall cause to be prepared a final Official
Statement dated as of the Bid Date, reflecting such changes in the Preliminary Official Statement as
may be necessary to reflect the purchaser's bid. The Mayor-Commissioner and City Manager are
hereby authorized to execute and delivery such final Official Statement, with such changes,
insertions and omissions as may be approved by such officers,
SECTION 10. CONTINUING DISCLOSURE. The City hereby covenants and agrees that,
in order to provide for compliance by the City with thesecondary market disclosure requirements
of the Rule, that it will comply with and carry out all of the provisions of that certain Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit 0, to be executed by the
City and dated the date of issuance and delivery of the Series 2004 Bonds, as it may be amended
from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate").
Notwithstanding any other provision of this Resolution, failure of the City to comply with such
Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder may take such actions as may be necessary and appropriate, including seeking mandate
or specific performance by court order, to cause the City to comply with its obligations under this
Section.
SECTION 11. REGISTRAR AND fA YING AGENT. Wachovia Bank, N.A., Jacksonville,
Florida is hereby appointed as Registrar and Paying Agent for the Series 2004 Bonds.
Resolution No, 03-36
4
SECTION 12. MUNICIPAL BOND INSURANCE POLICIES. Pursuant to the Bond
Ordinance, Ambac Assurance Corporation ("AMBAC") has been selected to provide its Municipal
Bond Insurance Policy (the "Policy") as the Bond Insurance Policy (as defined in the Bond
Ordinance) as additional security for payment of principal and interest on the Series 2004 Bonds,
Selection of AMBAC as the Bond Insurer is hereby ratified and confirmed and payment for such
Bond Insurance Policy from proceeds of the Series 2004 Bonds is hereby authorized. The Issuer
hereby accepts the terms, conditions and agreements relating to the Bond Insurance Policy in
accordance with the Municipal Bond Insurance Commitment attached hereto as Exhibit E and
incorporated herein. A statement of insurance is hereby authorized to be printed on or attached to
the Series 2004 Bonds for the benefit and information of the holders of the Series 2004 Bonds.
In addition to the covenants and agreements of the City previously contained in the Bond
Ordinance regard ing the rights of the Bond Insurer, which are hereby incorporated herein, the City
hereby makes the additional covenants and agreements substantially in the form attached hereto as
Exhibit "G" for the benefit of the Bond Insurer and the Holders of the Series 200.! Bonds while the
Bond Insurance Policy insuring the Series 2004 Bonds are in full force and effect.
The purchase of a debt service reserve fund surety policy (the "Reserve Surety") from
AMBAC is in the best interest of the Issuer. The Issuer hereby accepts the terms, conditions and
agreements relating to the Reserve Surety in accordance with the Commitment for Reserve Surety
as attached hereto as Exhibit "H" and incorporated herein. The Mayor-Commissioner, or in his
absence the Vice Mayor, the City Manager and the City Clerk are authorized to execute a financial
guaranty agreement or similar agreement as required by the commitment set forth on Exhibit "H"
hereto, with such changes, insertions <lnd umissions as may be approved by such officers. In the
event the Issuer is required to utilize any funds on deposit in the Reserve Account for the Bonds, the
funds on deposit therein shall be used prior to making a draw under the Reserve Surety, and in the
event the Issuer subsequently replaces the funds on deposit in the Reserve Account with another
surety or similar policy, then such other surety or reserve policy shall be drawn upon prior to
drawing upon the Reserve Surety. In the event the Reserve Surety is drawn upon, the Issuer shall
use any available Pledged Funds to reimburse Ambac for the amount of draws thereunder, all in
accordance with the financial guaranty agreement hereinabove approved.
SECTION 13. AWARD OF BIDS. The Finance Director is hereby authorized to accept the
bids for the Series 2004 Bonds. The City Manager and the Finance Director are hereby authorized to
award the sale of the Series 2004 Bonds on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for herein so long as the true interest
cost rate shall not exceed 5.5% on the Series 2004 Bonds and a net present value savings on
refunding the Refunded Bonds of not less than 4.0%. The City Manager and the Finance Director
are hereby authorized to award the sale of the Series 2004 Bonds as set forth above or to reject all
bids for the Series 2004 Bonds. Such award shall be final.
Resolution No. 03.36
5
SECTION 14. OTHER MATTERS. The Mayor-Commissioner or Vice-Mayor, or in their
absence any member of the City Commission, the City Manager, or in his absence an Assistant City
Manager, the City Attorney, the City Clerk and any other proper officials of the City are hereby
authorized to do all acts and things required of them by this Resolution or that may otherwise be
desirable or consistent with accomplishing the full, punctual and complete performance of all the
terms, covenants and agreements contained in any of the foregoing and the City is hereby authorized
and directed to execute and deliver any and all papers and instruments and to cause to be done any
and all acts and things necessary or proper for carrying out the transactions contemplated thereby.
SECTION 15. PRIOR RESOLUTIONS. To the extent the provisions of this Resolution are
inconsistent with the provisions of any prior Resolution, with respect to the issuance of the Series
2004 Bonds, provisions of this Resolution shall control and supercede the inconsistent provisions of
such Resolutions.
SECTION 16. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
Passed and adopted by the City Commission of the City of Clearwater, Florida, this _ day
of . 2003.
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 03-36
6
EXHIBIT A
FORM OF
OFFICIAL NOTICE OF BOND SALE
s *
CITY OF CLEARWATER, FLORIDA
GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2004
.
NOTICE IS HEREBY GIVEN that electronic (as explained below) proposals will be received
electronically via PARI1Yin the manner described below, until 11:00 a.m., Clearwater, Florida time,
on , 2004.
Bids must be submitted electronically via PARI1Y in accordance with this Notice of Bond
Sale, until 11 :00 a.m., Clearwater, Florida time, but no bid will be received after the time for
receiving bids specified above. To the extent any instructions or directions set forth in PARI1Y
conflict with this Notice of Bond Sale, the terms of this Notice of Bond Sale shall control. For further
information about PARI1Y, potential bidders may contact the financial advisor to the City, William
R. Hough & Co., 100 Second Avenue South, Suite 800, St. Petersburg, Florida 33701, Attn: Kevin
Conitz: (727) 895 8853, or PARITY at 40 West 23nl Street, 51h Floor, New York, New York 10010,
telephone (212) 404-8102. In the event of a malfunction in the electronic bidding process, the bid
date will automatically change to the next business day as confirmed in a communication through
Thompson Municipal Market Monitor (TM3).
Form of Series 2004 Bonds
The Series 2004 Bonds will be issued in book entry only form, without coupons, in
denominations of $5,000 or any integral multiples thereof, and shall be dated 1,2004.
Principal of the Series 2004 Bonds shall be paid to the registered owners at the designated corporate
trust office of Wachovia Bank, N.A. (the "Paying Agent" and "Registrar"), upon presentment and
surrender of the Series 2004 Bonds. Interest on the Series 2004 Bonds shall be paid to the registered
owners as shown on the registration books maintained by the Registrar, by check or draft mailed to
each such owner's address as shown on the registration books maintained by the Registrar as of the
fifteenth (15th) day of the calendar month preceding such interest payment date. Interest will be
payable each March 1 and September 1, commencing 1,2004. Interest will be calculated
on the basis of a 360-day year of twelve 30-day months. For so long as The Depository Trust
Company, New York, New York, or its nominee, Cede & Co. (collectively, "OTC") is the registered
owner of the Series 2004 Bonds, payments of principal of, redemption premium, if any, and interest
on the Series 2004 Bonds will be made directly to DTC. Disbursements of such payments to the
DTC participants is the responsibility ofDTC and further disbursement of such payments from the
OTC participants to the beneficial owners of the Series 2004 Bonds is the responsibility of the OTC
participants.
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Initially one bond will be issued for each maturity of the Series 2004 Bonds in the aggregate
principal amount of each such maturity and registered in the name of DTe. DTe, an automated
clearing house for securities transactions, will act as securities depository for the Series 2004 Bonds.
Purchases of the Series 2004 Bonds will be made in book-en try-only form (without certification). It
shall be the responsibility of the Successful Bidder (as hereinafter defined) for the Series 2004 Bonds
to furnish to DTe an underwriters' questionnaire and to the City the CUSIP numbers of the Series
2004 Bonds not less than seven (7) days prior to the Closing Date (as hereinafter defined).
Maturity Schedule
The Series 2004 Bonds will mature on September 1 of the following years in the following
principal amounts:
Series 2004 Bonds
Maturity
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
Principal
Amount*
Maturity
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
Principal
Amount*
"Preliminary, subject to
change
Mandato!)' Redemption Provisions
If the Successful Bidder designates any Series 2004 Bonds as term bonds as described under
"Desii;nation of Term Bonds." the following mandatory redemption provisions shall apply with
respect to such designated term bonds:
The Series 2004 Bonds maturing on I, 20_ will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption date, on
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1, 20---J and each 1 thereafter, from amounts deposited in the Redemption
Account in the Bond Service Fund established by the Ordinance, in the following years and
amounts as follows:
Year
Amount
Optional Redemption Provisions
The Series 2004 Bonds maturing on or before September 1, 2013 are not callable prior to their
maturity dates, The Series 2004 Bonds maturing after September 1, 2012 are subject to optional
redemption by the City, on and after September 1, 2013 as a whole or in part at anytime, from the
maturities selected by the City, and by lot within a maturity if less than an entire maturity is
redeemed, at the redemption prices (expressed as percentages of principal amount) set forth below,
together with accrued interest to the date of redemption:
Redemption Period
Price
September 1, 2013 and thereafter
100%
Adjustment of Principal Amount
After final computation of the bids, to achieve desired debt service levels, the City reserves
the right either to increase or decrease any Principal Amount of the Series 2004 Bonds (or any
Amortization Installment in the case of a Term Bond) shown on the schedule of Principal Amounts
set forth above (the "Maturity Schedule"), by an amount not to exceed ten percent (10%) of the
stated amount of each such Principal Amount on the Maturity Schedule and correspondingly adjust
the issue size, all calculations to be rounded to the nearest $5,000.
In the event of any such adjustment in the Series 2004 Bonds, no rebidding or recalculation
of the bid submitted with respect to such Series 2004 Bonds will be required or permitted. If
necessary, the total purchase price of the Series 2004 Bonds will be increased or decreased in direct
proportion to the ratio that the adjustment bears to the aggregate principal amount of the Series
2004 Bonds specified herein; and the Series 2004 Bonds of each maturity, as adjusted, will bear
interest at the same rate and must have the same initial reoffering yields as specified in the bid of
the Successful Bidder. However, the award will be made to the bidder whose bid produces the
lowest true interest cost, calculated as specified below, solely on the basis of the bid for the Series
2004 Bonds offered pursuant to the Bid Maturity Schedule of the relevant series of Series 2004
Bonds, without taking into account any adjustment in the amount of Series 2004 Bonds set forth in
the Bid Maturity Schedule.
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.
Designation of Term Bonds
Bidders may specify that the annual Principal Amounts of the Series 2004 Bonds coming due
in any two or more consecutive years may be combined to form one or more maturities of Series
2004 Term Bonds scheduled to mature in the last of such years with the preceding annual Principal
Amounts for such years constituting mandatory Amortization Installments of Series 2004 Bonds to
be selected by lot and redeemed at a price of par plus accrued interest in accordance with the
Resolution.
Basis of Award
Proposals must be unconditional and only for all the Series 2004 Bonds, The purchase price
bid for the Series 2004 Bonds may include a discount (including underwriters' discount and original
issue discount) not to exceed two percent (2%) of the principal amount of the Series 2004 Bonds and
shall specify how much of the discount is original issue discount. The purchase price bid may also
include an original issue premium and shall specify how much of such purchase price is original
issue premium. The Series 2004 Bonds will be insured by Ambac Assurance Corporation and the
City will pay the bond insurance premium from Bond proceeds. The purchase price bid for the
Series 2004 Bonds will not deduct the insurance premium. Only the final bid submitted by any
bidder through Parity will be considered. The City reserves the right to determine the Successful
Bidder for the Series 2004 Bonds, to reject any or all bids and to waive any irregularity or
informality in any bid.
The Series 2004 Bonds will be awarded to the bidder (herein referred to as the "Successful
Bidder" as to the Series 2004 Bonds) offering such interest rate or rates and purchase price which
will produce the lowest true interest cost to the City over the life of the Series 2004 Bonds. True
interest cost for the Series 2004 Bonds (expressed as an annual interest rate) will be that annual
interest rate being twice that factor of discount rate, compounded semiannually, which when
applied against each semiannual debt service payment (interest, or principal and interest, as due)
for the Series 2004 Bonds will equate the sum of such discounted semiannual payments to the bid
price (inclusive of accrued interest). Such semiannual debt service payments begin on September 1,
2004. The true interest cost shall be calculated from ,2004, the expected closing date of
the Series 2004 Bonds (the "Closing Date") and shall be based upon the principal amounts of each
serial maturity set forth in this Notice of Bond Sale and the bid price set forth in the Proposal for the
Series 2004 Bonds submitted in accordance with the Notice of Bond Sale. In case of a tie, the City
may select the Successful Bidder by lot. It is requested that each Proposal for the Series 2004 Bonds
be accompanied by a computation of such true interest cost to the City under the term of the
Proposal for Bonds, but such computation is not to be considered as part of the Proposal for Bonds.
Interest Rates Permitted
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The Series 200~ Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-
twentieth (1/20) of one percent. No coupon interest rate specified for any maturity of the Series 2004
Bonds may be less than one percent (1.00/'1) or marc than six percent (6,OC}q. Should an interest rate
be specified which results in annual interest payments not being equally divisible between the
semiannual payments in cents the first semiannual payment will be reduced to the next lower cent
and the second semiannual payment will be raised to the next higher cent.
It shall not be necessary that all Series 2004 Bonds bear the sanle ratc of interest, provided
that all Series 2004 Bonds maturing on the same date shall bear the same rate of interest. A rate of
interest based upon the use of split or supplemental interest payments or a zero rate of interest will
not be considered.
Paying Agent and Registrar
The Paying Agent and Registrar for the Series 200,* Bonds is Wachovia Bank, N.A., through
its designated office in Jacksonville, Florida.
Security
Principal of and interest on the Series 2004 Bonds to be issued pursuant to Ordinance No.
5118-91, as supplemented by Ordinance No. 7191-03, as supplemented, and all required sinking
fund, reserve and other payments shall be payable solely from the Net Revenues of Gas System of
the City, together with the earnings thereon derived from the investment thereof in the Funds and
Accounts established in the Ordinance and as more fully described in the Preliminary Official
Statement.
The Series 2004 Bonds do not constitute a general indebtedness of the City within the
meaning of any constitutional, statutory or charter provision or limitation, and no Bondholder shall
ever have the right to require or compel the exercise of the ad valorem taxing power of the City or
taxation of any real or personal property therein for the payment of the principal of and interest on
the Series 2004 Bonds or the making of any debt service fund, reserve or other payments provided
for in the Resolution.
.
Purpose
Pursuant to the Ordinance, the Series 2004 Bonds are being issued to finance the refunding
of the City's Gas System Revenue Bonds, Series 1996A, and pay the costs of issuing the Series 2004
Bonds and to purchase a municipal bond insurance policy.
Issuance of Series 2004 Bonds
The Series 2004 Bonds will be issued and sold by the City of Clearwater, Florida, a municipal
corporation organized and existing under the laws of the State of Florida. The Series 2004 Bonds
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are being issued pursuant to Ordinance No, 5118-91, enacted August 15, 1991, as amended and
supplemented pursuant to Ordinance 7191-03, enacted October 2, 2003 as supplemented by
resolutions (collectively, the "Bond Ordinance") by the City of Clearwater, Florida (the "City") and
pursuant to the provisions of Chapter 166, Florida Statutes, and other applicable provisions of law.
Municipal Bond Insurance Policy
Ambac Assurance Corporation ("Ambac Assurance") has issued a commitment for a
financial guaranty insurance policy relating to the Bonds, All bids may be conditioned upon the
issuance, effective as of the date on which the Bonds are issued, of a policy of insurance by Ambac
Assurance, insuring the payment when due of principal of and interest on the Bonds. Each Bond
will bear a legend referring to the insurance, The purchaser, holder or owner is not authorized to
make any statements concerning the insurance beyond those set out here and in the Bond Legend
without the approval of Ambac Assurance.
Proposals
Proposals for the Series 2004 Bonds are desired on forms which will be furnished by
PARITY, on behalf of the City, and be submitted electronically via PARITY.
All bidders must submit a "Good Faith Deposit" in the amount of$100,000 (the "Deposit") in
the form of a financial surety bond of Financial Security Assurance, Inc. (the "Financial Surety
Bond"). Such Financial Surety Bond must be submitted to the City prior to the sale, The Financial
Surety Bond must identify the Bidder whose Deposit is guaranteed by such Financial Surety Bond.
The successful bidder is required to submit its good faith deposit by wire transfer not later
thanll:00 a.m. eastern time, on the next business day following the award, as instructed by the
City's Financial Advisor. If such deposit is not received by that time, the City shall make a claim
under the Financial Surety Bond to satisfy the good faith deposit requirement. The check of the
successful bidder or proceeds of a claim under the Financial Surety Bond, as applicable, will be
deposited by the City in an interest-bearing account and be retained and applied towards the
purchase price of the Series 2004 Bonds pending full performance by the successful bidder, or will
be forfeited to the City and applied as full liquidated damages upon failure of the successful bidder
to take up and pay for the Series 2004 Bonds. Any interest earned on the good faith deposit will be
retained by and inure to the benefit of the City. If the Series 2004 Bonds are not delivered to the
successful bidder within 30 calendar days from the date of sale, without fault upon the part of the
successful bidder, such successful bidder shall not thereafter be obligated to take delivery of and
pay for the Series 2004 Bonds and the good faith deposit amount will be promptly paid to the
successful bidder or Financial Security Assurance, Inc., as applicable.
Delivery and Payment
It is anticipated that the Series 2004 Bonds in book entry only form will be available for
delivery on ,2004, in New York, New York, at The Depository Trust Company, or
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some other date and place to be mutually agreed upon by the Successful Bidder and the City
against the payment of the purchase price therefor including accrued interest calculated on a 360-
day year basis, less the amount of the good faith deposit, in immediately available Federal Reserve
funds without cost to the City,
Closing Documents
The City wiIl furnish to the Successful Bidder upon delivery of the Series 2004 Bonds the
following closing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation
certificate; (2) federal tax certificate; (3) certificate regarding information in the Official Statement;
and (4) seller's receipt as to payment. A copy of the transcript of the proceedings authorizing the
Series 2004 Bonds will be delivered to the Successful Bidder of the Series 2004 Bonds upon request.
Copies of the form of such closing papers and certificates may be obtained from the City.
Information Statement
Section 218.38(1)(b)1, Florida Statutes requires that the City file, within 120 days after
delivery of the Series 2004 Bonds, an information statement with the Division of Bond Finance of the
State of Florida (the "Division") containing the following information: (a) the name and address of
the managing underwriter, if any, connected with the Series 2004 Bonds; (b) the name and address
of any attorney or financial consultant who advised the City with respect to the Series 2004 Bonds;
and (c) any fee, bonus, or gratuity paid, in connection with the bond issue, by an underwriter or
financial consultant to any person not regularly employed or engaged by such underwriter or
consultant and (d) any other fee paid by the City with respect to the Series 2004 Bonds, including
any fee paid to attorneys or financial consultants. The Successful Bidder will be required to deliver
to the City at or prior to the time of delivery of the Series 2004 Bonds, a statement signed by an
authorized officer containing the same information mentioned in (a) and (c) above. The Successful
Bidder shall also be required, at or prior to the delivery of the Series 2004 Bonds, to furnish the City
with such information concerning the initial prices at which a substantial amount of the Series 2004
Bonds of each maturity were sold to the public as the City shall reasonably request.
Pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended, a truth-in-
bonding statement will be required from each bidder as to the Series 2004 Bonds as part of their bid
in the following form:
"The City of Clearwater, Florida, is proposing to issue $ original
aggregate principal amount of Gas System Revenue Refunding Bonds, Series 2004,
for the purpose of paying (i) the costs of refunding the City's Gas System Revenue
Bonds, Series 1996A, (H) the costs of issuing the Series 2004 Bonds, and (Hi) the
premium on the Bond Insurance Policy, all as further described in Ordinance No,
_-03. The final maturity date of the Series 2004 Bonds is September 1, 2026, and
the Series 2004 Bonds are expected to be repaid over a period of twenty three (23)
years. At a forecasted average interest rate of _% per annum, total interest paid
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over the life of the Series 2004 Bonds will be S . The source of repayment
or security for this proposal is the Net Revenues (as defined in the Ordinance) and
moneys and investments held in the funds created under the said Ordinance.
Authorizing the Series 2004 Bonds will result in $ not being available
to finance the other capital projects of the City. This truth-in-bonding statement
prepared pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended,
is for informational purposes only and shall not affect or control the actual terms
and conditions of the Series 2004 Bonds."
Legal Opinion
The Successful Bidder will be furnished, without cost/ with the approving opinion of Bryant
Miller & Olive P.A./ Tallahassee, Florida, to the effect that based on existing law, and assuming
compliance by the City with certain covenants and requirements of the Internal Revenue Code of
1986/ as amended (the "Code"), regarding use, expenditures, investment of proceeds and the timely
payment of certain investment earnings to the United States Treasury, the interest on the Series 2004
Bonds is not includable in the gross income of individuals, however, interest on the Series 2004
Bonds will be included in the calculation of the alternative minimum tax liabilities of corporations.
The Code contains other provisions that could result in tax consequences, upon which Bond
Counsel renders no opinion, as a result of ownership of the Series 2004 Bonds or the inclusion in
certain computations (including, without Iimitation, those related to the corporate alternative
minimum tax and environmental tax) of interest that is excluded from gross income.
Official Statement
The Preliminary Official Statement, copies of which may be obtained as described below, is
in a form "deemed final" by the City for purposes of SEC Rule 15c2-12(b)(l) (except for certain
permitted omissions as described in such rule) but is subject to revision, amendment and
completion in a final Official Statement. Upon the sale of the Series 2004 Bonds, the City will
publish a final Official Statement in substantially the same form as the Preliminary Official
Statement. Copies of the final Official Statement will be provided, at the City's expense, on a timely
basis in such quantities as may be necessary for the Successful Bidder's regulatory compliance.
It is not the intention or the expectation of the City to print the name(s) of the Successful
Bidder as to the Series 2004 Bonds on the cover of the Official Statement.
Continuins Disclosure
The City has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of
the Securities and Exchange Commission. See "Appendix 0 -- Form of Continuing Disclosure
Certificate" attached to the Preliminary Official Statement.
CUSIP Number
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It is anticipated that CUSIP identification numbers will be printed on the Series 2004 Bonds,
but neither the failure to print such number on any Series 2004 Bonds nor any error with respect
thereto shall constitute cause for failure or refusal by the Successful Bidder to accept delivery of and
pay for the Series 2004 Bonds in accordance with its agreement to purchase the Series 2004 Bonds.
All expenses in relation to the printing of CUSIP numbers on the Series 2004 Bonds shall be paid for
by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said
number shall be the responsibility of and shall be paid for by the Successful Bidder.
Copies of Documents
Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the
Official Bid Form and further information which may be desired, may be obtained from the City's
Financial Advisor, William R. Hough & Co., 100 Second Avenue South, Suite 800, St. Petersburg,
Florida 33701, Attn: Kevin Conitz: (727) 895 8853.
Amendment and Notices
Amendments hereto and notices, if any, pertaining to this offering shall be made through
Thompson Municipal Market Monitor (TM3) or similar information distribution service.
CITY OF CLEARWATER, FLORIDA
/s/ Brian T. Aungst
Mayor-Commissioner
A-9
EXHIBIT B
FORM OF
SUMMARY NOTICE OF SALE
CITY OF CLEARWATER, FLORIDA
Gas System Revenue Refunding Bonds
Series 2004
NOTICE IS HEREBY GIVEN, that bids will be received by the City Manager and the Finance
Director of the City of Clearwater, Florida, electronically through P ARlTY, subject to the provisions
of the Official Notice of Bond Sale.
Sale Date:
.2004
Time:
11:00 a.m., Clearwater, Florida
Bonds Dated:
.2004
Maturities:
Payable September 1 in the years and amounts as follows:
Series 2004 Bonds
Maturity
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
Principal
Amount*
Maturity
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
.2026
"'Preliminary, subject to
change
Interest Payment Dates:
Principal
Amount'"
Payable March 1 and September I, commencing September I,
2004.
Legal Opinion:
Bryant Miller & Olive P.A.,
B-1
.
.
Tallahassee, Florida
For copies of the Official Notice of Bond Sale and the Preliminary Official Statement of the
City of Clearwater, Florida, please contact the City's Financial Advisor, William R. Hough & Co.,
100 Second Avenue South, Suite 800, St. Petersburg, Florida 33701, Attn: Kevin Conitz: (727) 895
8853. The Preliminary Official Statement may be obtained after , 2004 electronically
through Image Master Financial Publishing Inc. at www.munios.com.
B-2
EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
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!'/,C'/illlmary O,(;iU.l! SWlelllC'1II f);u<'.i [I'OS !\IIL'j
~EW ISSUE
BOOK-ENTH \' ON!. \'
Halin!!s: ~Ioody's: ",\aa" (Insured)
Filch: ,\AA(lns'ured)
Ai\IIlAC Insllred
(See "Haliul:s" hrrein)
IlIlhl! opllliol/ ofBolldCOl/1/st!!l/lldf!re;<istil/g!all's, regl/!atiollsandj/uhcialdec/slOIlS il/teresl 011 Ihe Series 200./ BOl/ds is/!) dudedfrom gross
i IIC 011I eforpllrpose S offede ral, I/com e /tlxal iOll al/e/the Series 2 0 0./ Bondsare ex e /IIPlfrom all pre se III il/lal/gi ble pe rsol/lIll'rol'erll' faxes imposed
pl/rSl/ilntto Chapler 199, Florida Slalllles, See, however "TAX EX/:'MPTlON" heremfor a descrlptioll ofcerlamfederal/llllllm:llll (llldothc:r
speciallaxes thaI may a.D~clthe lax Ireatmelll of illleresl 011 the Sl!rles 200./ BOIIJs.
CITY OF CLEARWATER, FLORIDA
$[Bond Amount)
Gas System Revcnue Rcfunding Bonds
Scrics 2004
Dated: [Datcd Datc)
Duc: Septembcr 1, as shown below
The City ofClearwaler, Florida, Gas Syslem Revenue Refunding Honds, Series 2004 (the "Senes 2[)().' Bonds.) are heing issued in Ihe fOllll,'ffuliy regillered
bonds and will he initially issued to and registered in the name of Cede .to Co , u nominee for The Depositury Tnal Conipany, New YOlk, New YOI k (.DTc-~ which
will ael as securilies deposilory for Ihe Series 2004 Bonds. The Series 2004 Bonds will he B\'a.l>ble to purchasers in principal denominalions of S5.000 and inlegral
multiples thereof under Ihe book-enlry system maintained by DTC through brokers and llealell ..ho arc, or act through, DTC Partlc.pants, I'ureh.sr.,~ Will nol receive
physical delivery of the Series 2004 Bonds. For so long as any purchaser IS the beneficial owner of a Series 2004 Bond, he musl mainlain an arcollnt with a bruker
or dealer who is, or acts Ihrough, a DTC Participanl in order 10 receive paymenl of principal of and IIIterest on sllch Series 2004 Bond. For so long ., loe book.entry
system is in effect any reference to a Bondholder or Bundholders shall he deemed 10 be Cede ,'<. Co and nolthe beneficial owners oflhe Series 201J.l lIund;. See "nook.
Entry Only System. under "DESCRIPTION OF TIlE Se,ics 2004 BONDS. IlIIeresl on Ihe Series 200.' Bonds is payable semi. annually, cummencing Morch 1,2004,
and each March 1 and Seplember 1 thereafter. (Paying Agenl), (Paying Agenl Location], willacl as Paying Agenl wilh respeclto the Series 2011,' Bonds,
The S<lI". 2004 Bund. are subjecllo oplional and mandaloryainkln!: lund redemption prior to Iheir slaled malurily under Ihe lerm. anll condlllon.
described herein,
TIle Series 2004 Bonds will be issued by the Cily ofClearwaler, Florida (Ihe "City.) (i) logelher wilh other funds provided by Ihe Cil~, 10 adl'.nce refund
S8, 175.000 oflhe City's Ciry's Gas System Revenue Bonds, Series 1996A (the "Series 1996A Bonds.), which are currently OUlSlanding in Ihe aClllecale principal
amounl of S8,270,OOO;(ii) 10 purchase a municipal bond insurance policy and a reserve fund surety 10 satisfy lhe ReserYe Requiremenl for Ihe Se.i" 200-1 !Jonds; Ind
(iii) to p,y Ihe costs of issuance oflhe Series 2004 Bonds.
The Series 2004 Bonds arelimitedobligalionsoflhe City, payable solely {rom the Net Revenues derived from Ihe operation of the Syslem, as p.ovid..1 in Oldinance
No.5 118.91 enacted by lhe City Cnmmission (Ihe .Commission.) on AuguSl 15, 1991 (the .Original Ordinance.), as amended and supplemenlr.d by Urdinance No.
6188.97, and as supplemenled by resolutions of the City. The Serie, 2004 Bonds and the inlCleSlthereon .hall not be and shall not eonstitule.n indebledness oflhe
City or of the Stale of Florida or any polilical subdivision Ihereofwithin Ihe meaning of nny Conslitutionnl, slatulory, charier or olher limilalion ufit.dehledness.and
neilher Ihe full failh and credit nor the laxing powers of Ihe Stale of Florida or Ihe City are pledged IS securily for the payment of Ihe principal or, ,edeml"i"n premium,
if any, or interest on the Series 2004 Bonds and no holder or holders ufallY Series 2004 lIonds shall ever have Ihe righllo cumpelthc eu,cise oflhe a.1 v.lorem Ining
powers of lhe City, or taxation in any form of .ny real property Iherein 10 pay the Series 2004 Bonds or the inlerestlhereon.
TIle Series 2004 Bonds will be on a parily and rank equally, as 10 lien on and source and security for paymenl fromlhe Net Rennues and in all olher respeclS,
wilh Ihe unrefunded portion of the Series 1996A Bonds, Ihe City'. Gas System Revenue 80nd" Series 1997A, Gu Syslem Revenue Refundinllllulllls, Series 1997B
.nd the City's Gas Syslem Revenue Refunding Bonds, Series 1998, a. more particularly described herein.
Payment of the principal orand inlereSI on the Bonds when due will b" insured by a financial guaranty insurance policy 10 be issued by Amhac Assurance
Corporalion simullaneously wilh the delivery oflhe Bonlls. See Ihe malerial under Ihe heading .FINANCIAL GUARANTY INSURANCE. herein,
Ambac
MATURITY SCHEDULE
(See enclosed Notice of S:t1c)
(Accrued IDICt'ullo be added)
ELECTRONIC BIDS FOR TilE SERIES 2004 BONDS WILL BE ACCEPTED
IN ACCORDANCE WITII THE OFFICIAL NOTICE OF SALE.
This cover page conlains certain informalion for quick reference only. 11 it nota swnma.y oflhe issue. Investors musl read the en lire Official Slalernenllo oblain
informalion essential 10 making an informed inveslmenl decision.
The Series 2004 Uonds will be offered wh"n, as alld ifissued and deliveled to Ihe Un.lelw.il.., .ubjecltu apploval ofB'yanl. Miller and Olive, I'.A" Tallahassee,
Florida, lIond Counsel to Ihe City, and certain other conditions, Certrin lesal mailers will be paned on for the Cily by ils Cil)' Altorney. Pamela K. ,'kill, Esquire.
and ilS disclosure counsel, Nabors, Giblin &. Nickerson, P.A,. Tampa, Florida, II is expecled Ihal the Series 2004 Bonds in definilive book,enlty only fonn will be
available for delivery Ihrough the facilities oflhe Deposilory TrUll Company, on Dr about [ ), 2004.
llale.l; (
),2004
CITY OF CLEARWATER, FLORIDA
ELECfED OFFICIALS
MA YOR - COMMISSIONER
Brian J. Aungst, Sr.
COMMISSIONERS
Frank Hibbard
Hoyt Hamilton
Whitney Gray
Bill Jonson
APPOINTED OFFICIALS
William B. Home, II, City Manager
Pamela K. Akin, Esq., City Attorney
Margaret L. Simmons, CPA, Financial Services Administrator
BOND COUNSEL
Bryant Miller & Olive, P.A.
Tallahassee, Florida
FINANCIAL ADVISOR
William R. Hough & Co.
St. Petersburg, Florida
REGISTRAR AND PAYING AGENT
[paying Agent Name]
rP.a~~~ ~~~~~ ~~~~~J.
No dealer, brokcr, salesperson or other person has been authorized by the City to give any
infonnation or to make any representations other than as containcd herein, and. if given or made,
such information or representations must not be relied upon as having been authorized by any of the
foregoing. This Official Statement is not to be construed as a contract with the purchasers of the
Series 2004 Bonds. TIlis Official Statement does not constitute an offer to sell or the solicitation
of an ofter to buy, nor shall there be any sale of the Series 2004 Bonds by any person to make such
ofter, solicitation or sale. TIle infornlation set forth herein has been obtained from the City,
AMBAC, public documents, records and other sources which are believed to be reliable but is not
guaranteed as to accuracy or completeness by, and is not to be construed as a representation of the
City with respect to infonnation provided by AMBAC. The infonnation and expressions of opinion
stated herein are subject to change without notice, and neither the delivery of this Official Statement
nor any sale made hereunder shall create, under any circumstances, any implication that there has
been no change in the affairs of the City since the date hereof or the earliest date as of which such
infonnation is given,
IN CONNECTION WITH THIS OFFERING, 1HE UNDERWRITER MAY OVERALLOT OR
EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE
SERIES 2004 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL
IN 1HE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAYBE
DISCONTINUED AT ANY TIME.
All slUl1JT13Iies herein of documents and agreements are qualified in their entirety by reference to
such documents and agreements, and all summaries herein of the Series 2004 Bonds are qualified
in their entirety by reference to the form thereof included in the aforesaid documents and
agreements.
NO REGISTRATION STATEMENT RELATING TO THE SERIES 2004 BONDS HAS BEEN
FILED WITH THE SECURITIES AND EXCHANGE COrvtMISSION (THE "COMMISSION")
OR WITH ANY STATE SECURITIES COM1vfiSSION. THESERIES 2004 BONDS HAVE NOT
BEEN APPROVED OR DISAPPROVED BY mE COMMISSION OR ANY STATE
SECURITIES COMMISSION, NOR HAS THE COMMISSION OR ANY STATE SECURITIES
COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL
STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL
OFFENSE.
TABLE OF CONTENTS
Page
INTRODUCTION "........",......",.,.."...,.......,.......,.,..,.,.,...,]
PURPOSES OF SERIES 2004 BONDS . , . , . . . . , , . , , . . . . . . . , , . , . . , . . . . , . . . . . . . . , . . , . 2
ESTIMA TED SOURCES AND USES OF FUNDS . . , . . . . . , . . . , . . . . . . , . . , , . . , . . . . , . . . . 2
DESCRIPTION OF THE SERIES 2004 BONDS ..,..........,.,...",.......".",., 3
General . . , . . . . . . . , , , , . . , . , . . . . . . , . . . . , . , , , . . . , , . . , . , , . . . , , . , , . , . . . . . . . . . . , 3
Book-Entry Only SystelTI , . . . . . . , . . , , . . . . . . . , . , . . , , . , , , . . . . . . . . . . . . . . . , . , , , . . . . 3
Redemption Provisions . , . . , . . . . . . . . , . , . , , . . . , . . , , . , . . . . . . , . . . . . . . . . , . . . . . . , . . . 6
Notice of Redemption ,..",........."..""...,... , . , . . . . . , . , . . . , . , . . , , . , , , . 8
SOURCEOFPAYMENTANDSECU~TY
FOR TIlE SERIES 2004 BONDS ..,...,......,............"..,.."'......,...9
General .,....,. , . , . . , . . . . . . . . , . , , . . . . . . . , , , . , , , , . . , . . . . . . , . . , . , . . , . , , , . , . . 9
Debt Service Reserve Account . . . . . . . , . . . , . . , . , . . . . . . . . . . , . , . . . . . . . . , . . , . , , . . . . ] 0
FLOW OF FUNDS .........,.,.....,........................,...........",..] I
Establishment of Funds and Accounts . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . II
Priority of Flow of Funds .. . . . , . . . . . , . . . , , . . . . . , . . , , . . . . . . . . . . . . . , . . , . . . . . . , . . II
COVENANTS ...,........'......................... . . . . . . . . . . . , . . . . . . . , . . . , . 13
Rate Covenant . . . . . , . . . . . . . . . . . . , , , . . , . . . , . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . , . . ] 3
Additional Parity Obligations ........"......."....,....,.................,... 14
Operation and Maintenance . . . . . . . . , . . . . . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . , . , , . ] 5
Operating Budget , . . . . , . , . , . , , . . , . . , . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . , . . . . . . IS
Annual Audit ........,..........,.".,...,....,.....,............,......". ] 5
No Mortgage or Sale of the System .. . . . . . . . , . . . , . . . , . . . . . . , . , . . . . . . . . . . . . . . . . . . ] 5
No Free Service ...................,.......,.......,.,.......,............. 16
Enforcement of Collections , . . . , . , . . . . . . . , . . . . . , . . . . . , . , . . , . , . . . . . . . . , . . . . , . , . . I 7
No Competing System . . . . . . . . . . . , . , , , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Unlawful Connection Prohibited .,. . , . , . . . . . . , . . . , , . . . . . , . . . . . . . . . . . . . . , . . . . . . . . 17
Amendment of the Ordinance . . . . . . . . , . . . . . . . . . . , . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . I 7
mE SYSTEM .......,.............,..................,............,......... 18
Physical Description . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . 18
Management ,...."...........,.........."..................,.,.......,.. 19
Gas Supply ......,..................................".................... 20
Rates, Fees and Charges ......................,.............................. 21
Service Area ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Pasco County Territorial Dispute ,..................,........................... 24
Environmental Remediation Costs; Environmental Imposition Rate Adjustment. . . . . . . . . . . . . . 25
FINANCIAL GUARANTY INSURANCE ......................................... 26
Rights Granted Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 26
COMBINEDDEBTSERVICEREQUIREMENTS ................,................,.27
HISTORICAL COVERAGE OF DEBT SERVICE
BY THE SYSTEM NET REVENUES ..................................,....,.. 28
RATINGS . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
LEGALITY . . . . . . . . . , , . . . , . . . . . . , . . . . , , . . . . . . . . . . . . . , . . . . , . . . . . . . . , . . . . . . . . . . 28
TAX EXEMPTION ....,..,.',.......,.....,..,."..........,.............".. 29
VERIFICATION OF MATHEMATICAL COIvIPUTATIONS ....."..,..,....,.,......30
INVESTMENT POLICY OF THE CITY. . . . . . , . , , . . , . . . , . . . , , , . . , . . . . . . . . . . . , . , , . . 30
ENFORCEABILITY OF REMEDIES .......,....."..,....,.....,..,......,.."" 31
LITIGA nON " . . . . . . . . . . . , . . . . . . . . . . . . , . . . , , . . . , . . . , . , . . . . . . . . . . . . , , . . , . , . . . 32
GENERAL PURPOSE FINANCIAL STATEMENTS . , . . . , . . . , . . . , . . . , . . . . , . , , . . . . . . . 32
FINANCIAL ADVISOR .....,......................,."....",..,......",..., 32
ADVISORS AND CONSULTANTS .. . . . . , , . . . , . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . . . . 32
CONTINUING DISCLOSURE . . . . , . . . . . , . . , , . , . , . . . . . . , . , . . . , . , . , . . , . . . . , . . , . . . 33
MISCELLANEOUS. ... ., ,. ..... ., ........,. .' ....... ,., ... ". ., ...,.,. .....,.33
AUTHORlZA TION OF AND CERTIFICATION
CONCERNING OFFICIAL STATEMENT....,....,."..,...,.........."...... 34
GENERAL INFORMATION RELATING TO THE CITY OF
CLEARWATER, FLORIDA
APPENDIX B - EXCERPTS FROM THE CITY OF CLEARW A TE~ FLORIDA GENERAL
PURPOSE FINANCIAL STATEMENTS AND OTHER INFORMATION
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002.
APPENDIX A
APPENDIX C
SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE
FORM OF CONTINUING DISCLOSURE CERTIFICATE
APPENDIX D
APPENDIX E
FORM OF BOND COUNSEL OPINION
APPENDIX F
SPECIMEN BOND INSURANCE POLICY
APPENDIX G
SCHEDULES OF RATES
OFFICIAL ST A TE lVlE NT
S[Bond Amount)
Gas System Revenue Refunding Bonds
Series 2004
INTRODUCTION
TIle purpose of this Official Statement, which includes its cover page and certain enclosed
Appendices, is to furnish infonnation with respect to the issuance by the City of Clearwater, Florida
(the "City") of its $fBond Amount] Gas System Revenue Refunding Bonds. Series 2004 (the "Series
2004 Bonds").
11Ie Serics 2004 Bonds are being issued under the authority of and in full compliance with
the Constitution and laws of the State of Florida, including Chapter 166, Part II, Florida Statutes,
as amended and supplcmcnted, the City Charter, as amended and supplementcd, and other applicablc
provisions of law. The Series 2004 Bonds are being issued more specifically pursuant to Ordinance
No. 51] 8-9] cnacted by the City Commission of the City (the "Commission") on August 15, 1991
(the "Original Ordinance"), which authorized the issuance of Gas Systcm Revenuc Bonds,
Series 1991 (the "Series 1991 Bonds"), as amended and supplemented and as furthcr supplemented
by Ordinance No, [ ]-03 adopted on [ ], 2003, as further supplcmented by Rcsolution
03-[ ] adopted on [ ], 2003 (as so supplemented, the "Authorizing Ordinancc") (thc Original
Ordinance and the Authorizing Ordinance are collcctively referred to as the "Ordinance"),
The Series 2004 Bonds will be issued by the City of Clearwater, Florida (the "City") (i)
together with other funds provided by the City, to advance refund $8,175,000 of the City's City's Gas
System Revenue Bonds, Series 1996A (the "Series 1996A Bonds"), which are currently Outstanding
in the aggregate principal amount of $8,270,000;(ii) to purchase a municipal bond insurance policy
and a reserve fimd surety to satisfy the Reserve Requirement for the Series 2004 Bonds; and (iii) to
pay the costs of issuance of the Series 2004 Bonds.
The Series 2004 Bonds are special, limited obligations of the City payable solely from the
Net Revenues derived from the operation of the System, as provided in the Ordinance on a parity
with the unrefunded portion of the Series 1996A Bonds, the City's Gas System Revenue Bonds,
Series 1997 A (the "] 997 A Bonds"), which are currently Outstanding in the aggregate principal
amount of $7,170,000 and the City's Gas System Revenue Refunding Bonds, Series 1997B (the
"Series 19978 Bonds"), which are currently Outstanding in the aggregate principal amount of
$4,700,000 and the City's Gas System Revenue Refunding Bonds, Series 1998 (the "Series 1998
Bonds"), which are currently Outstanding in the aggregate principal amount of $7,860,000 (the
Series 1997 A Bonds, tlIe Series 1997B Bonds and the Series 1998 Bonds are hereinafter being
referred to collectively as tlle "Parity Bonds"), all as further described under the heading "Additional
Parity Obligations" herein,
Capitalized tenns not otherwise defmed in this Official Statement shall have the same
meanings assigned to such tenns in the Summary of the Ordinance, which is set forth in
APPENDIX C. The description of the Series 2004 Bonds, the Ordinance, and certain statutory
provisions as well as the infonnation from various reports and statements contained in this Official
Statement are not comprehensive or definitive. All references to such documents, reports and
statements are qualified by the actual content of such documents, reports and statements, copies of
which may be obtained by contacting the Finance Director, City of Clearwater, Florida, 100 South
Myrtle Avenue, Clearwater, Florida 34616,
PURPOSES OF SERIES 2004 BONDS
TIle Series 2004 Bonds will be issued by the City of Clearwater, Florida (the "City") (i)
together with other funds provided by the City, to advance refimd $8,175,000 of the City's Gas
System Revenue Bonds, Series 1996A (the "Series 1996A Bonds"), which are currently Outstanding
in the aggregate principal amount of $8,270,OOO;(ii) to purchase a municipal bond insurance policy
and a reserve fund surety to satisfy the Reserve Requirement for the Series 2004 Bonds; and (iii) to
pay the costs of issuance of the Series 2004 Bonds.
ESTIMATED SOURCES AND USES OF FUNDS
The proceeds to be received from t~ sale of the Series 2004 Bonds are expected to be
applied as follows:
Sources of Funds
Par Amount
Funds on Deposit for Refunded Bonds
Accrued Interest
Total Sources of Funds
Uses of Funds
Deposit to Escrow Fund
Deposit to Debt Service Fund
Underwriter's Discount and
Costs ofIssuance (l)
Total Uses of Funds
(1) Includes the premiums for the Municipal Bond Insurance Policy and Reserve Fund Surety.
2
DESCRIPTION OF THE SERIES 2004 BONDS
General
TIle Series 2004 Bonds will be issued in fully registered book-entry only foml in authorized
denominations of $5,000 and integral multiples thereof and will be dated [Dated Date], will bear
interest (payable semi-annually on March I and September I of each year commencing March 1,
2004) at the rates per annum and will mature on the dates and in the amounts, all as set forth on the
cover page of this Official Statement. [paying Agent Name], [Paying Agent Location], will act as
Paying Agent and Registrar with respect to the Series 2004 Bonds.
Book-Entry Only System
THE INFORMATION IN Tl-nS SECTION CONCERNINGDTCAND DTC'S BOOK-
ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY BELIEVES
TO BE RELIABLE, BUT THE CITY TAKES NO RESPONSIBILITY FOR THE
ACCURACY THEREOF.
The Series 2004 Bonds will be available in book-entry fonn only, in denominations of
$5,000 or any integral multiple thereof. Purchasers of the Series 2004 Bonds will not receive
certificates representing their interests in the Series 2004 Bonds purchased. The Underwriter is to
conf11l11 original issuan:e purchases with statements containing certain tenns of the Series 2004
Bonds purchased.
The following infonnation regarding The Depository Trust Company, New York, New York
("DTC") and the book-entry only system of registration has been obtained by the City from DTC.
No represcntation is made by the City as to its accuracy or correctness.
TIlC Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Series 2004 Bonds. TIle Scries 2004 Bonds will be issued as fully-registered
securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name
as may be requested by an authorized representative of DTC. One fully-registered Series 2004 Bond
will be issued for each maturity of the Series 2004 Bonds, as set forth on the inside cover page
hereof, and will be deposited with Dre.
DTC, the world's largest depositoI)', is a limited-purpose trust company organized under the
New York Banking Law, a "banking organization" within the meaning of the New York Banking
Law, a member of the Federal Reserve System, a "clearing corporation II within the meaning of the
New York Unifonn Commercial Code, and a "clearing agency" registered pursuant to the provisions
of Section 17 A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for
over 2 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and
money market instruments from over 85 countries that DTC's participants ("Direct Participants")
deposit with DTC. DTC also facilities the post-trade settlement among Direct Participants of sales
and other securities transactions in deposited securities, through electronic computerized book-entry
transfers and pledges between Direct Participants' accounts. 'Olis eliminates the need for physical
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movement of securities certificates, Direct Participants include both U.S. and non-U,S. securities
brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations,
DTC is a wholly-owned subsidiary of TIle Depository Trust & Clearing Corporation ("DTCC").
DTCC, in turn, is owned by a number of Direct Participants ofDTC and Members of the National
Securities Clearing Corporation, Government Securities Clearing Corporation, rvms Clearing
Corporation, .md Emerging Markets Clearing Corporation, (NSCC, OSCC, MBSCC, and EMCC,
also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock
Exchange LLC, and the National Association of Securities Dealers, Inc. Acccss to the DTC system
is also available to others such as both U.S. and non-V.S, securities brokers and dealers, banks, trust
companies, and clearing corporations that clear through or maintain a custodial relationship with a
Direct Participant, either directly or indirectly ("Indirect Participants"), DTC has Standard & Poor's
highest mting: AAA. l1le DTC Rules applicable to its Participants area on file with the Securities
and Exchange Commission, More infonnation about DTC can be found at www.dtcc.com.
So long as the book-entry only system is in effect, beneficial interests in the Series 2004
Bonds will be available in book-entry lonn only, in the principal amount of $5,000 or any integral
multiple thereof. Purchasers of beneficial interests in the Series 2004 Bonds will not receive
certificates representing their beneficial interests in the Series 2004 Bonds purchased. Eac.h
UndelWriter is to confmn original issuance purchases of beneficial interests with statements
containing certain tenns of the Series 2004 Bonds in which such beneficial interests are purchased.
Purchases of Series 2004 Bonds under the DTC system must be made by or through Direct
Participants, which wiII receive a credit for the Series 2004 Bonds on DTC's records. The ownership
interest of each actual purchaser of each Series 2004 Bonds ("Beneficial Owner") is in turn to be
recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written
confinnation from DTC of their purchase. Beneficial Owners are, however, expected to receive
written confmnations providing details of the transaction, as well as periodic statements of their
holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into
the transaction. Transfers of ownership interests in the Series 2004 Bonds are to be accomplished
by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership interests in
Series 2004 Bonds, except in the event that use of the book-entry system for the Series 2004 Bonds
is discontinued.
To facilitate subsequent transfers, all Series 2004 Bonds deposited by Direct Participants
with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name
as may be requested by an authorized representative of DTC. The deposit of Series 2004 Bonds
with DTC and their registration in the name of Cede & Co. or sllch other DTC nominee do not effect
any change in beneficial ownership. DTC has no knowledge of the actlUll Beneficial Owners of the
Series 2004 Bonds; DTC's records reflect only the identity of the Direct Participants to whose
accounts such Series 2004 Bonds are credited, which mayor may not be the Beneficial Owners. lbe
Dir~ct and Indirect Participants will remain responsible for keeping account of their holdings on
behalf of their customers.
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Conveyance of notices and other communications by OTC to Direct Participants. by Direct
Pm1icipants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be govcl11ed by arrangements among thcm, subject to any statutory or regulatory
requirements as may be in effect from time to timc.
TIlc Paying Agent will make payments of principal of, premium, if any, and interest on the
Series 2004 Bonds to DTC or such other nominec, as may be requested by an authorized
represent.1tive or OTC, as registered owner of the Series 2004 Bonds. DTC's practice is to credit
Direct Participants' accounts upon DTC's receipt of funds and corresponding detail infonnation from
the City and the Paying Agcnt, on payable date in accordance with their respective holdings shown
on DTC's records. Payments by Participants to Bencficial Owners will be governed by standing
instmctions and customary practices, as is the case with securities held for the accounts of customers
in bearer tonn or registercd in "street name," and will be the rcsponsibility of such Participant and
not of DTC nor iL'i nominee, the Paying Agent subject to any statutory or regulatory rcquircments
as may be in effect from time to time, Payment of redemption proceeds, distributions, and dividend
payments to Cede & Co. (or such other nominee as may be requested by an authorized
representative of OTC) is the responsibility of the City or the Paying Agent, disbursement of such
payments to Direct Participants will be the responsibility of DTC, and disbursement of such
payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants,
TIle City and the Paying Agent will send redemption notices to DTC. If less than all of the
Series 2004 Bonds within an issue are being redeemed, DTGs practice is to determine by lot the
amount of interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other OTC nominee) will consent or vote with respect
to Series 2004 Bonds unless authorized by a Direct Participant in accordance with DTGs
Procedures. Under its usual procedures, DTC mails an Onmibus Proxy to the City as soon as
possible after the record date. The Omnibus Proxy assigns Cede & Coo's consenting or voting rights
to those Direct Participants to whose accounts Series 2004 Bonds are credited on the record date
(identified in a listing attached to the Omnibus Proxy),
THE CITY AND THE PAYING AGENT WILL HAVE NO RESPONSIBILITY OR
OBLIGATION TO TIlE BENEFICIAL OWNERS, DTC PARTICIPANTS OR THE PERSONS
FOR WHOM DTC PARTICIPANTS ACT AS NOMINEES WITH RESPECT TO THE SERIES
2004 BONDS FOR 11-IE ACCURACY OF RECORDS OF DTC, CEDE & CO. OR ANY DTC
PARTICIPANT WITH RESPECT TO THE SERIES 2004 BONDS OR THE PROVIDING OF
NOTICE OR PAYMENT OF PRINCIPAL, OR INTEREST, OR ANY PREMIUM ON THE
SERIES 2004 BONDS, TO DTC PARTICIPANTS OR BENEFICIAL OWNERS, OR THE
SELECTION OF SERIES 2004 BONDS FOR REDEMPTION.
The City and the Paying Agent cannot give any assurances that DTC, DTC Participants or
others will distribute payments of principal of, premium, if any, and interest on the Series 2004
Bonds paid to DTC or its nominee, or any redemption or other notices, to the Beneficial Owners,
or that they will do so on a timely basis or that DTC will serve or act in a manner described in this
Official Statement.
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For every transfer and exchange of beneficial interests in the Series 2004 Bonds, the
Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other government charge
that may be imposed in relation thereto.
DTC may detemline to discontinue providing its services with respect to the Series 2004
Bonds at any time by giving notice to the City and the Paying Agent and discharging its
responsibilities with respect thereto under applicable law, Under such circumstances, in the event
that a successor depository is not obtained, Series 2004 Bonds are required to be printed and
delivered. In addition, the City may determine to discontinue the usc of book-entry transfers
through DTC (or any successor securities depository). Under such circumstances, certificated Scries
2004 Bonds are required to bc dclivered as described below.
In the event that the book-cntry only system is discontinued, the following provisions wilI
govern the transfer and exchange of Series 2004 Bonds. The Series 2004 Bonds wilI be exchanged
for an equal aggregate principal amount of corresponding bonds in othcr authorized denominations
and of the same series and maturity, upon surrender thereof at the principal corporate trust office of
the Bond Registrar. The transfer of any Series 2004 Bonds will be registered on the books
maintained by the Bond Registrar for such purpose only upon the surrender thereof to the Bond
Registrar with a duly executed written instrument of transfer in foml and with guaranty of signatures
satisfactory to the Bond Registrar, containing written instructions as to the details of transfer of such
Series 2004 Bonds, along with the social security number or federal employer identification number
of such transferee. TIle City and the Bond Registrar may charge the registered owners a sum
sufficient to reimburse them for any expenses incurrcd in making any exchange or transfer after the
first such exchange or transfer foJlowing the delivcry of the Scries 2004 Bonds. The Bond Registrar
or the City may also require payment from the registered owncrs or their transferees, as the case may
be, of a SlU11 sufficient to cover any tax, fee or other governmental charge that may be imposed in
relation thereto. Such charges and expenses shalI be paid beforc any such new Series 2004 Bonds
shall be delivered. Neither the City nor the Bond Registrar shan be required to register the transfer
or exchange of any Series 2004 Bonds dwing the period commencing on the fifteenth day (whether
or not a business day) of the month next preceding an interest payment datc and end ing on such
interest payment date or, in the case of any proposed redemption of a Series 2004 Bonds, aftcr stich
Series 2004 Bonds or any portion thereof has been selected for redemption.
Redemption Provisions
Optional Redem ption. The Series 2004 Bonds maturing prior to September I, 2014 are not
subject to redemption prior to their maturity date. TIle Series 2004 Bonds maturing on or after
September I, 2014 are subject to redemption at the option of the City prior to maturity on or after
September 1,2013, in whole at any time, or in part from time to time on any interest payment date,
in such manner as shall be determined by the City at the redemption pricc of par plus accrued
interest to the date fIXed for redemption.
Mandatory Sinking Fund Redemption of the Series 2004 Term Bonds Maturing
September 1, . If the Successful Bidder designates any Series 2004 Bonds as tcrm bonds as
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described under "Designation of Te\111 Bonds" in the Notice of Sale, the following mandatory
redemption provisions will apply with respect to such designated te\111 bonds:
'nlC Series 2004 Bonds maturing on September 1, are subject to mandatory sinking ft.ll1d
redemption by funds deposited in the Bond Amortization Account in the Sinking Fund prior to
maturity in part, by lot at a rcdemption price equal to their principal runOWlt and the accrued interest
on each September I in the years and amounts set forth below at a redemption price equal to 100%
of the lInpaid principal amollnt of such Series 2004 Bonds being redeemed plus accrued interest
thereon to thc datc fixed for redemption, without premium:
Year
Principal
Amount
'" Final Maturity
Money held for the credit of the Bond Amortization Account is required to be applied to the
retirement of tenn obligations as follows:
(1) Subject to the provisions of paragraph (3) below, the City may purchase Tenn Bonds
then outstanding at the most advantageous price obtainable with reasonable diligence, such price
not to exceed the principal of such Term Bonds plus the accrued interest to the date of delivery
thereof. The City is required to pay the interest accrued on such Tenn Bonds to the date of delivery
thereof from the Interest Account and the purchase price from the Bond Amortization Account, but
no such purchase may be made by the City within the period of 45 days immediately preceding any
interest payment date on which Tenn Bonds are subject to call for redemption, except from money
in excess of the amounts set aside or deposited for the redemption ofTenn Bonds.
(2) Subject to the provisions of paragraph (3) below, whenever sufficient money is on
deposit in the Bond Amortization Account to redeem $5,000 or more principal amount of Term
Bonds, the City may call for redemption from money in the Bond Amortization Account such
amount of Tenn Bonds then subject to redemption as, with the redemption premium, if any, will
exhaust the money then held in the Bond Amortization Account as nearly as may be practicable.
Prior to calling Tenn Bonds for redemption, the City is required to withdraw from the Interest
Account and from the Bond Amortization Account and sct aside in separate accounts or deposit with
the paying agents the respective amounts required for paying the interest on and the principal of and
redemption premium applicable to the Tenn Bonds so called for redemption.
(3) Money in the Bond Amortization Account is required to be applied by the City in
each fiscal year to the retirement ofTenn Bonds then outstanding in the following order:
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(n) The Term Bonds of each series of Bonds, to the extent of thc Amortization
Installmcnt, if any, for such Fiscal Year for the Tenn Bonds of each such serics then
outstnnding, plus the applicable premium, if any, and, if the amount availablc in such Fiscal
Yellr shull not be sufficient therefor, then in proportion to the Amorti7..ntion Instnllmcnl, if
IIny, fhr such Fiscal Year for the Tenn Bonds of each such series then oUlStunding, pillS 'he
appliclIblc premium, if any; provided, however, that if the Tenn Bonds of uny sllch scl'lC!j
IIrc not then subject to redemption from money in the Bond Amortization ACCOllllt lInd II'lhe
City ic; at nny time unable to exhaust the money applicable to the Tenn Bonds of such .~cl'iC!\
lindeI' thc provisions of this clause or in the purchase of such Tenn BOllds ullder the
provisions of paragraph (1) above, such money or the balance of sllch money, liS thc C/HW
nmy be, mllst be retained in the Bond Amortization Account and, as soon us it is lellslhlc,
l1pplied to the Tenn Bonds of such series; and
(b) Any balance then remaining, other than money retained under tllC first clllllse
of thL" paragraph (3), is required to be applied to the retirement of such Tcnll Bonds liS the
City in its sole discretion determines, but only, in the case of the redemption of Terl1l Bonds
of ,my series, in such amounts and on such tenns as may be provided in the resolution or
ordinance authorizing the issuance of the obligations of such series.
ll1e City is required to pay from the Sinking Fund all expenses in conncction with uny slIch
purchase or redcmption.
Notice of Redemption
As long liS the book-entry only system is used for determining beneficial ownership of the
Series 2004 Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co. will be
responsible lor notifying the DTC Participants, who will in turn be responsible for notifYing the
Beneficial Owners. Any failure of Cede & Co. to notifY any DTC Participant, or of any DTC
Participant to notify the Beneficial Owner of any such notice, will not affect the validity of the
redemption of tlle Series 2004 Bonds. See "DESCRIPTION OF THE Series 2004 BONDS -Book.
Entry Only System" lhr a description of DTe Participants and Beneficial Owners.
In the event of tllC discontinuance of the book-entry only system, notice of redemption will
be given by the Rcgistmr (who sludl be the Paying Agent for the Series 2004 Bonds, or such other
person, fiml or cOI'porution us may from time to time be designated by the City as Registrar for the
Series 2004 Bonds) by mailing n copy of the redemption notice by first-class mail (postage prepaid)
not more than thirty (30) days l1nd not less than fifteen (15) days prior to the date fixed for
redemption to dlC Registered Owner of each Series 2004 Bond to be redeemed in whole or in part
at the address shown on dlC 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 Series 2004 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.
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Upon surrender of any Series 2004 Bond for redcmption in part only, the City shall isslIe and
deliver to the Registered Owner thereof, the costs of which shall bc paid by the Registered Owner,
a new Series 2004 Bond or Series 2004 Bonds of authorized dcnominations in aggregate principal
amount equal to the unredeemed portion surrendered.
SOURCE OF PAYMENT AND SECURITY
FOR THE SERIES 2004 BONDS
General
l1le principal of, redemption premiwn, if any, and interest on thc Series 2004 Bonds are
payable from the Net Revenues equally and ratably with each othcr and the Parity Bonds. The
Series 2004 Bonds and the Parity Bonds are secured by a first and prior lien on the Net Revenucs
derived from the operation of the System deposited in the Sinking Fund created and established
under the Ordinanc~ and from monies and investments deposited in certain funds and accounts
established by the Ordinance and earnings thereon.
The Series 2004 Bonds shall not constitute an indebtedness, liability, gencral or 11I0 I'll I
obligation, or a pledge of the faith, credit or taxing power of the City, the State, or any politiclIl
subdivision thereof, within the meaning of any constitutional, statutory or ch~lrter provisiuns.
Neither the State of Florida, nor any political subdivision thereof, nor the City shull he
obligated (1) to levy ad valorem taxes on any property to pay the principal of the Serics 2UO"
Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from uny
other funds of the City except from the Net Revenues, in the manner provided in the
Ordinance.
The Series 2004 Bonds shall not constitute a lien upon the System, or any part thereof: or
on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues
in the manner provided in the Ordinance.
''Net Revenuesll is defmed in the Ordinance to mean Gross Revenues Jess the Cost of
Operation and Maintenance, "Gross Revenuesll means all monies received from rates, fees, rentals
or other charges or income derived from the investment of funds, unless otherwise provided in the
Ordinance, by the City or accruing to it in the operation of the System, all calculated in accordance
with sound accounting practice. IICost of Operation and Maintenancell of the System means all
current expenses, paid or accrued, for the operation,maintemnce and repair of all facilities of the
System, as calculated in accordance with sound accounting practice and includes, without limiting
the generality of the foregoing, insurance premiums, administrative expenses of the City related
solely to the System, labor, cost of materials and supplies used for current operation and charges for
the accumulation of appropriate reserves for current expenses not annually recurrent but which arc
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 allowancc
for depreciation. The Bonds are nlrther secured by a prior lien on and pledge of the monies and
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investments deposited in the Funds and Accounts established by the Ordinance except for monies
and investments deposited in the Operation and Maintenance Fund and the Rebate Fund.
Debt Service Resen'e Account
The Ordinance requires the establishment of a Reserve Account for the Series 2004 Bonds
in an amount equal to the Reserve Account Requirement for the Series 2004 Bonds, The Ordinance
authorizes the City to obtain the Surety Bond in place of fully funding the Reserve Account.
Accordingly, application has been made to AMBAC for the issuance of a Surety Bond for the
purpose of funding the Reserve Account for the Series 2004 Bonds. TIle Series 2004 Bonds will
only be delivered upon the issuance of the Surety Bond. TIle premium on the Surety Bond is to be
fully paid at or prior to the issuance and delivery of the Series 2004 Bonds.
Pursuant to the tenns of the Surety Bond, Surety Bond Coverage is automatically reduced
to the extent of each payment made by AMBAC under the terms of the Surety Bond and the City
is required to reimburse AMBAC for any draws under the Surety Bond with interest at a market
rate. Upon such reimbursement, the respective Surety Bond is reinstated to the extent of each
principal reimbursement up to but not excecding the Surety Bond Coverage. The reimbursement
obligation of the City is subordinate to the Issuer's obligations with respect to the Serics 2004 Bonds.
In the event the amount on deposit in the Sinking Fund, plus all amounts on deposit in and
credited to the Reserve Account for the benefit of the Series 2004 Bonds, therein, in addition to the
amount available under the Surety Bond, includes amounts available under a letter of credit,
insurance policy, surety bond or other such funding instrument (the "Additional Funding
Instrument"), draws on the Surety Bond and the Additional Funding Instrument shall be made on
a pro rata basis to fi.md the insufficiency for the Series 2004 Bonds. The Ordinance provides that
the Reserve Account for the Series 2004 Bonds shall be replenished in the following priority: (i)
principal and interest on the Surety Bond and on the Additional Funding Instruments shall be paid
from frrst available Revenues on a pro rata basis; (ii) after all such amounts are paid in full, amounts
necessary to fund the Reserve Account for the benefit of the Series 2004 Bonds to the required level,
after taking into account the amounts available under the Surety Bond and the Additional Funding
Instruments, if any, shall be deposited from next available Revenues.
The Surety Bond does not insure against nonpayment caused by the insolvency or negligence
of the Paying Agent
Notwithstanding any provision of the Ordinance to the contrary, moneys in the Reserve
Account for the Series 2004 Bonds may be used only for the purpose of the payment of maturing
principal of or interest or making Amortization Instalbnents on the Series 2004 Bonds when the
other moneys in the Sinking Fund are insufficient therefor, and for no other purpose including the
payment of any other series of Bonds.
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FLOW OF FUNDS
Establishment of Funds and Accounts
TIle following Funds and Accounl<; have becn established pursuant to the Ordinance:
Rcvcnuc Fund
Operation and Maintenance Fund
Constnlction Fund
Sinking Fund
Interest Account
Principal Account
Reserve Account
Bond Amortization Account
Rcncwal and Replaccmcnt Fund
A separate subaccount L<; required to be maintaincd in tlle Reserve Account for the Series
2004 Bonds.
Priority of Flow of Funds
The entire Gross Revenues, except the income from investments (hereinafter discussed),
derivcd from the operation of the System must be deposited in the Revenue Fund. The Revenue
Fund constitutes a trust fund for the purpose provided in the Ordinance, and must be kept separate
and distinct from all other funds of thc City and used only for the purposes and in the manner
provided in the Ordinance.
A II revenues at any time remaining on deposit in the Revcnue Fund must be disposed of on
or before the fifteenth (15th) day of each month only in the following manner and in the following
order or priority:
1. Revenues must first be used to deposit in the Operation and Maintenance Fund, such
sums as are necessary for the Cost of Operation and Maintenance for the next ensuing month.
2. Revenues must next be used for deposit into the Interest Account, such sums as will
b~ sufficient to pay one-sixth (1/6) of all interest becoming due 011 the Series 2004 Bonds and the
Parity Bonds on the next semi-annual interest payment date.
3. Revenues must next be used for deposit into the Principal Account, in any bond year
in which a Serial Bond matures, such SlDTlS as will be sufficimt to pay one-twelfth (1I12) of the
principal maturing on Serial Bonds in such year.
4. Revenues must.next be used for deposit into the Bond Amortization Account in any
bond year in which an Amortization Installment is due, such sums as will be sufficient to pay one-
twelfth (1/12) of the Amortization Installment required to be made in such year. Such payment will
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be credited to a separate special account for each series of Teml Bonds outstanding, and if there is
more than one stated maturity for Tenn Bonds of a series, then into a separate special account ip the
Bond Amortization Account for each such separate maturity of Tenn Bonds, The funds and
investments in each such separate account are pledged solcly to the payment of principal of the Tenn
Bonds of the series or maturity within a series for which it is established and will not be available
for payment, purchase or redemption of Tenn Bonds of any other series or within a series, or for
transfer to any other account in the Sinking Fund to make up any deficiencies in required payments
therein.
Moneys on deposit in each of the separatc special accounts in the Bond Amortization
Account are required. to be used for the open markct purchasc or the redcmption of Tenn bonds,
pursuant to the Ordinance, of the series or maturity of Tenn Bonds within a series for which sllch
separate special ~,.;count is cstablished or may remain in said separate special account and be
invested until the stated date of maturity of the Tenn Bonds,
The required deposits to the Principal Account, Intercst Accollnt and Bond Amortization
Account are required to be adjusted in order to take into account the amount of money currcntly on
deposit therein.
5. Revenues must next be applied by thc City to maintain in each subaccount in the
Reserve Account a sum equal to the Reserve Requircment, if any, for any subsequent year on each
series of Bonds, which sum will initially be deposited therein from the proceeds of the sale of the
Series 2004 Bonds and other funds of the City. To the extent the City determines pursuant to a
subsequent resolution to fimd a subaccount within the Reserve Account for a respective series of
Bonds, the City may provide that the difference betwecn the amounts on deposit in such subaccount
and the Reserve Requirement for such series of Bonds shall be an amount covercd by obtaining bond
insurance issued by a reputable and recognized municipal bond insurer, by a surcty bond, by a letter
of credit or any combination thereof or by such othcr form of credit enhancement as shall be
approved by a resolution of the City adopted prior to the issuance of the series of Bonds for which
such subaccount is established. Such resolution may also provide for the substitution of such credit
enhancement. Bond insurance, a surety bond, a letter of credit or any combination thereof or such
other form of credit enhancement may in the future be deposited in the subaccount in the Reserve
Account for any Series of Bonds as may be approved by subsequent resolution of the City, provided
that the provider of such credit enhancement is then rated in one of the two highest rating categories
(without regard to gradation) by Fitch mCA, Inc. and Moody's Investors Service, Inc.
Any withdrawals from the Reserve Account are required to be subsequently restored from
the first moneys available in the Revenue Fund on a pro rata basis as to all subaccounts in the
Reserve Account after all required current payments for the Operation and Maintenance Fund and
Sinking FlUld (including all deficiencies in prior payments to those Funds) have been made in full.
Notwithstanding any provision of the Ordinance to the contrary, moneys in each subaccount
in the Rc..c;crve Account may be used only for the purpose of the payment of maturing principal of
or interest or making Amortization Installments on the Bonds for which such subaccount was
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established when the other moneys in the Sinking Fund are insufficient therefor, and for no other
purpose including the payment of any other series of Bonds.
In the event of the refunding of any series of Bonds, the City may withdraw ITom the
subaccount within the Reserve Account for such series of Bonds, aU or any portion of the amounts
accumulated therein with respect to the Bonds being refunded and deposit such amounts as required
by the resolution authorizing the refunding of such series of Bonds,
6, TIle City must next deposit into the Renewal and Replacement Fund an amount equal
to one-twclfth (III 2) of an illllOWlt equal to 5% of prior ycar's Gross Revenues; provided, however,
that so long as there shall be on deposit in such Renewal illld Replacement Fund a balance of at least
$300,000, no additional deposits in such Fund are required, The moneys in the Renewal and
ReplaL.:ement Fund may be used onJy for the purpose of paying the cost of extensions, enlargements
or additions to, or the replacement of capital assets of the System and emergency repairs thereto,
Such moncys on deposit in sllch Fund are also required to be used to supplement the Reserve
Account if necessary, in order to prevent a dcf.1lllt in the payment of the principal or Amortization
Installments of and interest on the Bonds.
7. TI1C balance of any moneys remaining in the Revenue Fund after the above required
payments have been made may be used by the City for any lawful purpose.
8. The Operation and Maintenance Fund, the Sinking Fund, the Renewal and
Replacement Fund, the Revenue Fund, and all accounts therein and any other special funds
established and created under the Ordinance constitute trust funds for the purposes provided in the
Ordinance for such funds. All such funds shall be continuously secured in the same manner as City
deposits arc authorized to bc secured by thc laws of the State of Florida.
COVENANTS
Rate Covenant
In and by the Ordinance, the City has covenanted that it will fix, cstablish, revise ITom time
to time whenever nccessary, 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 sufficiert to pay, and out of such funds pay, 100% of the Cost of Operation and
Maintenance of the System in such year and all reserve and other payments provided for in the
Ordinance and 125% of the Bond Service Requirement due in such year on all outstanding Bonds.
The City has covenanted that such rates, fees, rentals, or other charges shall not be reduced so as to
be insufficient to provide Revenues for such purposes.
Additional Parity Obligations
Additional Parity Obligations, payable on a parity from Nct Revenues of the System with
the Series 2004 Bonds and thc Parity Bonds, may be issucd after the issuance of the Scries 2004
13
Bonds, for construction and acquisition of additions, extensions and improvements to the System
or for refunding purposes and upon the following conditions:
I. TIle Net Revenues derived or which would have been derived, if adjusted as set forth
below, from the System, either during the immediately preceding Fiscal Year, during any twelve
(12) consecutive calendar months of the eighteen (18) calendar months immediately preceding the
sale of the proposed Additional Parity Obligations or during the last twelve (12) month period for
which the City has audited tinrux::ial statements for the System, at the option of the City, shaH have
been not less than 125% of the Maximwn Bond Service Requirement which will become due in any
calendar year thereafter on (a) the Series 2004 Bonds then Outstanding, (b) any Additional Parity
Obligations issued and then Outstanding (including the Parity Bonds), and (c) the Additional Parity
Obligations then proposed to be issued.
In detennining the amount of Net Revenues for the purposes of paragraph (l) above, the
Consulting Engineers may adjust the Net Revenues by adding thereto the following:
a, The Net Revenues (computed for such utility on the same basis as net
revenues are computed for the System) of any gas utility which the City shall have acquired
prior to the issuance of such Additional Parity Obligations or which the City shall be
acquiring from proceeds of such Additional Parity Obligations; and
b. In the event a change has been made in the rate schedules for services from
the System prior to the issuance of the proposed Additional Parity Obligations for a part of
such 12 month period referred to in (I) above, and such change has resulted in an increase
in Net Revenues, such amount of additional Net Revenues which the consulting Engineers
estimated would have been received by the City during such ] 2 month period if such change
in such rate schedule had been in effect during the entire 12 month period; and in the event
a change has been made in the rate schedules for services from the System prior to the
issuance of the proposed Additional Parity Obligations for a part of such 12 month period
referred to in (l) above, and such change has resulted in a decrease in Net Revenues, by
subtracting therefrom such amount of the Net Revenues which the Consulting Engineers
estimate would not have been received by the City during such 12 month period referred to
in (J) above, if such change in such rate schedule had been in effect during the entire 12
month period.
2. Each resolution or ordinance authorizing the issuance of Additional Parity
Obligations will recite that all of the covenants contained in the Ordinance will be applicable to such
Additional Parity Obligations.
3. The City shall not be in default in perfonning any of the covenants and obligations
of the Ordinance, if all payments required to have been made into the accounts and funds, as
provided in the Ordinance, shall have been made to the full extent required.
14
Operation and Maintenance
The City covenants it will maintain the System and all parts thereof in good condition and
will operate the same in an efficient and economical manner making such expenditures for
equipment and for renewals, repairs and replacements as may be proper for the economical
operation and maintenance thereof.
Operating Budget
The City covenants to annually prepare and adopt prior to the beginning of each of its Fiscal
Years, a detailed budget or budgets of the estimated expenditures for the operation and maintenance
of the System during such next succeeding Fiscal Year.
Annual Audit
At least once a year, within six months after the close of its Fiscal Year, the City covenants
to cause the books, records and accounts relating to the System to be properly audited by a
recognized independent fInn of certifIed public accountants.
No Mortgage or Sale of the System
The City has covenanted not to sell, lease, mortgage, pledge or otherwise encumber the
System, or any substantial part thereof, or any revenues to be derived therefrom. except as described
below.
Notwithstanding the foregoing, the City has reserved the right to sell. lease or otherwise
dispose of any of the property comprising a part of the System which the City hereafter detennines,
in the manner provided in the Ordinance, to be no longer necessary, useful or profitable in the
operation of the System. Prior to any such sale, lease or other disposition of said property, if the
amount to be received therefor is not in excess of $50,000, the City Manager of the City or other
duly authorized officer in charge thereof is required to make a finding in writing detennining that
such property comprising a part of the System is no longer necessary, useful or profItable in the
operation thereof.
If the amount to be received from such sale. lease or other disposition of said property is in
excess of$50,000 but not in excess of$100,000 such City Manager or other officer is required to
fIrst make a finding in writing detennining that such property comprising a part of the System is no
longer necessary, useful or profItable in the operation thereof, and the governing body of the City
must, by resolution or ordinance duly adopted, approve and concur in the fInding of such City
Manager or other officer, and authorize such sale, lease or other disposition of said property.
If the amount to be received from such sale, lease or other disposition of said property is in
excess of $1 00,000 but not in excess of 10% of the value of fixed assets of the System according to
the most recent annual audit report, such City Manager or other officer must fIrst make a fInding in
writing dctennining that such property comprising a part of the System is no longer necessary,
15
useful or profitable in the operation thereof, and the Consulting Engineer must make a finding that
it is in the best interest of the System that such property be disposed of, and the governing body of
the City must by resolution or ordinance, duly adopted, approve and concur in the fmdings of such
City Manager or other officer and of the Consulting Engineer, and authorize such sale, lease or other
disposition of said property.
Anything in this section to the contrary notwithstanding, nothing restricts the governing body
of the City or, to the extent such authority has been vested in the City Manager by such governing
body, the City Manager in exercising discretion, from authorizing the sale or other disposition of
any of the property comprising a part of the System, if the Consulting Engineer certifies that the Net
Revenues of the System will not be materially adversely affected by reason of such sale or
disposition.
Such proceeds must be placed in the Renewal and Replacement Fund or used for the
retirement of outstanding Bonds, in such proportions to be determined by the governing body of the
City upon the recommendations of the City Manager. The payment of such proceeds into the
Renewal and Replacement Fund does not reduce the amounts required to be paid into such Fund by
other provisions of the Ordinance.
Anything in this section to the contrary notwithstanding, nothing prohibits the City from
transferring ownership of the System to another govemmental entity in accordance with the
Ordinance without complying with the provisions described in this section.
No Free Service
'The City has covenanted in the Original Ordinance that it will not render or cause to be
rendered any free services of any nature by the System, nor will any preferential rates be established
for users of the same class. Whenever the City, including its departments, agencies and
instn.unentalities, avails itself of the product, facilities or services provided by the System, or any
part thereof, the same rates, fees or charges applicable to other customers receiving like services
under similar circwnstances must be charged to the City and any such department, agency or
instrumertality. Such charges must be paid as they accrue, and the City shall transfer from its
general funds to the Revenue Fund sufficient sums to pay such charges. The revenues so received
will be deemed to be Revenues derived from the operation of the System, and will be deposited and
accounted for in the same manner as other Revenues derived from such operation of the System.
Consistent with the foregoing, to the extent that certain marketing and sales programs may
involve incentives to customers (other than free energy service), expenses of such incentives are
paid by charges against appropriate marketing and sales expenses of the System.
Enforcement of CoUections
The City has covenanted to enforce and collect the rates, fees and other charges for the
services and filcilities of the System pledged under the Ordinance; to take all steps, actions and
proceedings for the enforcement and collection of such rates, charges and fees as shall become
16
delinquent to the full extent permitted or authorized by law; and to maintain accurate records with
respect thereof, All such fees, rates, charges and revenues pledged pursuant to the Ordinance will,
as collected, be held in tnIst to be applied as provided in the Ordinance,
The City will, under reasonable nIles and regulations, to the full extent permitted by law,
shut ofr the connection of any users of the System for non-payment of fees, rentals and other charges
for the services of the System and will not fumish him or pennit him to receive from the System
further service lmtil all obligations owed by him to the City on account of services have been paid
in fill I.
No Competing System
To the full exient permitted by law, the City has covenanted not to hereafter grant, or cause,
consent to, or allow the granting of, any franchise or permit to any person, finn, corporation or body,
or agency or instrumentality whatsoever, for the furnishing of competing gas services to or within
the boundaries of the service area of the City; provided, however, that if the Gas System Manager
renders an opinion that it would not be feasible for the City to provide such services to any specific
area within the three years succeeding a request to provide such service, the City may authorize or
allow the granting of such franchise or permit for soch area upon such tenns and conditions as it
may approve.
Unlawful Connection Prohibited
The City has enacted an ordinance making it unlawful for any person or persons to tamper
with, change or make any connection with the System without the written consent of the City, or to
make any reconnection with the System when service has been discontinued for delinquent charges,
until such delinquent charges have been paid in full, including interest, reasonable penalties and
reconnection charges. The City will diligently, to the full extent pennitted by law, enforce this
covenant and prosecute any person violating the provisions of this covenant or any penal ordinance
relating to the same.
Amendment of the Ordinance
In the Ordinance, the City has reserved the right to amend or supplement the Ordinance for
certain purposes without the consent of Bondholders if the amendment or supplement does not
adversely affect the rights of Bondholders. Otherwise, no material modification or amendment of
the Ordinance may be made without the consent in writing of the Holders of fifty-one percent or
more of the principal amount of the Bonds of each Series so affected and then outstanding. For
purposes of the foregoing, to the extent that Bonds of any Series are secured by a Credit Facility and
such Bonds are then rated in one of the two highest rating categories (without regard to gradation)
by either Fitch mCA, Inc, or Moody's Investors Service, Inc., or successors and assigns, then the
consent of the Credit Facility issuer will be deemed to constitute the consent of the Bondholders of
such Series and in such case no consent of the Bondholders of such Series is required.
Notwithstanding the foregoing, no modification or amendment of the Ordinance may pennit a
change in the maturity of such Bonds or a reduction in the rate of interest thereon or in the amount
17
of the principal obligation thereof or affecting the promise of the City to pay the principal of and
interest on the Bonds as the same become due from the Net Revenues of the System or reduce the
percentage of the Bondholders required to consent to any material modification or amendment of
the Ordinance without the consent of the Bondholders of all such obligations.
THE SYSTEM
Physical Description
The Clearwater Gas System (the "System") began operatio ns in the mid-1920's with the
production, distribution and sale of manufactured gas. The System was converted to natural gas in
1959 when Florida Gas Transmission (FGD extended pipelines into Fhrida. The System also
provides propane (LP) service in areas where natural gas mains have not yet been extended. The
System currently serves 16,792 customers in a 298 square mile service territory through 669 miles
ofunderground gas mains and has 90,000 gallons of propane (LP) storage. The following table sets
forth the service areas of the System and the respective tenns of the franchise agreements. Utility
taxes and franchise fees are collected by the respective municipality in addition to the rates, fees and
charges imposed by the System.
18
.
MVNICIPALlTrES SERVED BY THE CLEARWATER GAS SYSTEM
UTILITY FRANCHISE FRANCrnSE
CITIES (17 TOTAL! TAX RATE FEE RATE EFFECTIVE DATES
BELLEAIR Nonc 4.S%(IX3) 6/14/90.6/13/20
BELLEAIR BEACH 10.0% 5.0% 8/10/93-8/09/03
BELLEAIR BLUFFS Nonc 60% 8/01/02-7/31/17
BELLEAIR SHORES Nonc None{8) 4/03/97-4/02127
CLEARWATER 10.0% 6.0"10 (4) None/Ordinance
DUNEDIN 10.0% (5) 5.0% 5/01/90-4/30/20
INDIAN ROCKS BEACH None 4.5% (2) 7/07188-7/06/18
fNDIAN SHORES Nonc' 5.0~o(ll) 6/18/98-6/17/28
LARGO 10.0% 6.0% 6/01/01-5/31/16
NEW PORT RICHEY 10.0% (5) 6.0% 1/01/96-12131/25
NORTH REDfNGTON BEACH Nonc 5.0"/0 (9) 7/16198-7/15/28
OLDSMAR 9.0% (6) 4.5% (2) 9/01/84-8/31/14
PORT RICHEY 10.0% 5.0% 4/20/95~4/19/25
REDfNGTON BEACH Nonc 5,0% 7/16198-7/15/28
REDINGTON SHORES Nonc 6.0"/0 (10) 11/5/98-11/4/28
SAFETY HARBOR 10.0% (5) 6.0% (3) 8/01/91-7131/01
TARPON SPRINGS 10.0% 4 5% (2) 3/15/84-3/14114
~:
(I) 4,5% for I" 10 years, 5.0% for 2'" 10 years, and 5.5% for:y4 10 years.
(2) 4.0"/0 for I" 10 years, 4.5% for 2'" 10 yC<ll'S, and 5.0% for ]4 10 ycan.
(3) CllcmptS industrial customer revenucs.
(4) Cllempl5 interruptible customer revenues, and contract rates were billed @ 2% 411/99-9/30/99, 4% 10/1/99-9130100, &; 6% bcginning
10/1/00.
(5) docs not tax fucl oil
(6) only taxes fuel oil @ 3.6~gal. vs. 4~ga1. as authorized by FL Sl:llulC.
(7) Pincllas &: Pasco Counties do not impose utility taxes or franchise fees.
(8) Bcllcair Shore provides for thc right to bill up to a 5.0% franchise but has elected noc to bill a franchisc to their customcrs at present
(9) North Rcdington Beach reduced the lTanchise for new contracts after 7/8199 as follows: 0% for 719199-9130100, 2% for 1011/00.9130101,
4% for 1011101.9130102, &: 5% for 1011102 &: thereafter.
(10) Redington Shores reduced thc Iianchisc for new conlJacls aftcr 7/13/99 as follows: 0% for 7/14/99.9130/00, '2% for 10/1/00.9130/01, 4%
for 1011101.9130102, &; 6% for 1011102 &: thereafter.
(II) Indian Shoo:s rMIccd the frInchise for new conllKts after 9130199 IS follows: 0% for 10/1/99-9130100, 2% for 1011/00.9130/01, 4% mr
1011101-9130102, /k. 5% for 1011102 &: thereafter subject to a review in 10100,
Management
The City has a Commission-Manager fonn of municipal government. The Mayor-
Commissioner and Commissioners are elected by the City's voters on an at-large basis, All have
voting power at Commission. meetings which are chaired by the Mayor-Commissioner. The City
19
.
Commission appoints the City Manager and the City Manager is responsible for appointing all
officers and employees in the administrative service of the City, including the Managing
Director & Executive Officer of the Clearwater Gas Systcm.
TIle CleaJwater Gas System is administered by the Gas System Managing Director &
Executive Officer who reports to the Assistant City Manager. The System is onc of seven
utilities (Water, Reclaimed Water, Sewer, Gas, Solid Waste, Recycling, and Stormwater) billed
on a consolidated basis by thc Clearwater Customer Service.
Charles S. Warrington, Jr, currently serves as Managing Director & Executive Officer of
the Clearwater Gas System. He received his Bachelor of Electrical Engineering degree from the
Georgia Institute of Technology in 1971 and is a 1982 graduate of the University of Michigan
Public Utility Executive Program, He has been a registered Professional Engineer in the State of
Florida since 1976.
Prior to joining the City of Clearwater in February 1992, Mr. Warrington served as
Director of Customer Services for Florida Power & Light Company (FPL), the largest electric
utility in the State of Florida. Mr. Warrington was responsible for corporate-wide customer
service policies, procedures, systems, training and regulatory interface, Prior to this position, he
had served as a District General Manager for two (2) of the largest FPL districts (Miami and
Coral Gables). In total, Mr. Warrington has over 32 years of public utility experience of
increasing responsibility.
Mr. Warrington currently serves as Chairman of the Board of Directors of the American
Public Gas Association, serves as President of the Florida Municipal Natural Gas Association,
serves as Vice President and member of the Board of Directors of the Florida Natural Gas
Association, serves as the Municipal Gas System Advisory Committee of the Gas Teclmology
Institute, serves on the Board of Directors of the Southern Gas Association, Regional Vice
President of the Florida Engineering Socicty and serves on the Board of Directors and as Past
President of the Florida Engineering Society - Pinellas Chapter.
Brian Langille has served as the Gas Supply & Technology Engineer for Clearwater Gas
System since May 1999. He is responsible for purchasing the natural gas supply, working with
key customer accounts and maintaining all rcgulatory licenses for Clearwater Gas System. Mr.
Langille attended the University of South Florida where he received a Bachelor of Science
degree in Mechanical Engineering (BSME). He currently serves on the Board of Directors and
Executive Conunittee for Florida Gas Utility (FGU), which is the buying group that manages the
securing of Clearwater's gas supply and its daily delivery and balancing.
James K. Geary joined the City of Clearwater in September 1998, and has scrved as the
Director of Customer Service and Marketing since September 2000. He is responsible for
marketing and sales activities of Clearwater Gas System as well as consolidated customer
service operations for all of the City's seven utilities.. He was previously with Florida Powcr &
Light Company for 21 years, where he held a number of management positions in customer
service, marketing, and infonnation systems. He has also served in business developmcnt and
20
management positions with organizations in the not-for-profit sector. Mr. Gcary earned an
undergraduate degree fi'om the University of Florida and a holds a Masters degrce from the
University of Central Florida,
Thomas K, Sewell joincd the City of Clearwater and Clearwater Gas Systcm in Janua!)'
1997, and has served as the Assistant Dircctor of Operations since Febmary, 1998. He is
responsible for all Clearwater Gas Operations of this full service natural and propane gas utility.
Prior to joining Clearwater Gas System he served in the United Statcs AmlY for 30 years retiring
in February, 1996 as a Colonel. Immediately prior to retirement, Mr, Sewell served as the Chief
of Staff, United States Anny Japan at Camp lama, Japan from November, 1991 to September
1995. Mr. Sewell graduated from the United States Anny War College, has a Bachelor of
Science degree, Business Administration, from Park College Kansas City, Missouri and a
Masters degree, Public Administration, from Shippensburg University, Shippensburg,
Pennsylvania.
Mike Deegan has served as both the South Area Gas Services Manager since November
of 200 I. Prior to that, he served as North Area Services manager from 1998 to 200 I, Gas
Distribution Supervisor from 1995 to 1998, and as the Lead Distribution Constmction Inspector
from 1992 to 1995, and as a Gas Distribution Pipe fitter from 1985 to 1992, all with the
Clearwater Gas System, Mr. Deegan also holds an active State of Florida Registered Plumbing
Contractors License and a Plumbing License in Hillsborough County, Natural Gas Specialty
Contractors License with Pinel lac; County Construction Licensing Board, Pasco County and
Hillsborough County, a 60 I Master Qualifiers LP License from the Department of Agriculture,
and holds other licenses ,U1d certificates related to both Natural, Propane Gas and Plumbing. Mr.
Deegan is an active seated member of the Pinellas County- Gas Board of Examining,
Adjustments and Appeals.
He is Ole instructor for the Fedel1llly Mandated Operator Qualification Program and
additionally conducts special and weekly training. He i<; an active member in many recognized
Gas Indust!)' and Plumbing Associations such as American Gas Association, Southern Gas
Association, Florida Natural Gas Association, Florida Propane Gas Association, Plwnbing
Heating Cooling Contractors and the United Association of Plumbers! Pipe Fitters,
Robert Bublitz has served as Controller for the Clearwater Gas System since October
1994. Mr. Bublitz served as the Finance Director and Director of Administrative Services with
the City of Tarpon Springs, Florida, for 15 years prior to joining the Clearwater Gas System as
Controller, In total, Mr. Bublitz has 28 years of Municipal experience. He received his
Bachelor of Business Administration degree in 1965 from Spencerian Business College in
Milwaukee, Wisconsin.
Gas Supply
On August I, 1990, the Federal Energy Regulato!)' Commission (FERC) deregulated the
natural gas pipeline industry. This allows other natural gas suppliers and local distribution
21
companies, like the Clearwater Gas System to transport gas over the Florida Gas Transmission
(FGT) pipelines as opposed to purchasing natural gas supply from only FGT,
TIle City has two finn transportation service agreements (FTS-I & FTS-2) with FGT in
order to deliver natural gas to the Cities four gate stations. Both these agreements provide
Clearwater with a ma.-ximum daily quantity of 12,000 Dekathenns (Dth) of natural gas during the
months of November to March; 9,000 Dth's during the month of April; 6,000 Dth's during the
1110nths of May to September; and 6,846 Dth's during the month of October. The total annual
entitlement is 3,212,226 Dth's of natural gas transportation. At the present time FGT is equally
owned by Cross Country Energy Corp, a newly fonned holding company that holds Enron Corp
interests, and Southern Natural, an EI Paso Corporation Affiliate.
l1le City purchases its gas supply through Florida Gas Utility (FGU), TIle City joined
FGU in October 2000 by Resolution 00-35. An updated All Requirements Gas Service
Agreement, which was approved by Resolution 02-02 in January 2002, required the City to
purchase 100% of its supply through FGU. FGU was fonned through an Interlocal Agreement
among its members. The Interlocal Agreement became effective on September 1, 1989 and
consisted of five municipal utilities. Over the next several years, additional electric and gas
distribution utilities joined FGU, bringing its total membership in 2003 to 22.
Ratcs, Fees and Charges
The City Commission has established a schedule of rates and charges by ordinance,
which includes a purchased gas cost adjustment provision allowing the City to pass-through to
customers any increase or decrease in the purchased price of gas. The City is not subject to
regulation by any State agency in establishing or revising its rates. Where competitive fuel
sources or transportation service are available to the customer, the City Commission has
authorized the City Manager to enter into contract gas service rates at special rates and/or
conditions as required to obtain/retain the customer load, Such contract service must meet the
nonnal construction feasibility formula to insure profitable payback to the City. As of
September 30, 2002, not including interruptible accounts, contract rates applied to 664 customer
accounts and impacted less than 27.85% of total revenues.
The rates charged by the System through September 30, 1996 were part of the Phase I
Gas Rate Case implemented October I, 1995, which was based on a comprehensive cost of
service study performed by the Utility Advisory Services Group of the international accounting
finn of Coopers & Lybrand, LLP (the "Rate Study"). The Phase I implementation resulted in an
extensive overhaul of the Gas System customer rates, providing numerous classes of service and
a modernized billing methodology.
TIle new rates, effective October I, 1996, were designed to be industry-based and
responsive to the competitive energy challenges. The goal of the Rate Study was to establish
rates which would be fair to all classes of customers, provide flmding to implement planned
expansion in both existing northem Pinellas County service area and into the newly acquired
22
southwestem Pasco service area, and provide an adequate growth potential in retum to the City
of Clearwater to further offset the ad valorem tax rates (current impact is about 0.5 mills).
As the result of experience during the first seven months of the Phase I implementation
adjustments in the Phase II rates were implemented on October I, 1996 and additional
adjustments ("Phase m") were implemented effective October I, I 997, The total projected
impact of both new phases of the rate case was $1.05 million or less than 7,9% of total gas sales
revenues.
TIle rate ordinance containing the Phase II and Phase III rate changes was approved by
the City Commission on June 6, 1996.
Set forth in APPENDIX G hereto is a table containing current rates ofthe System.
Service Area
The System is owned and operated as an enterprise utility by the City of Clearwater.
TIle System operates over 669 miles of underground gas main and handles the supply and
distribution of both natural and propane (LP) gas throughout northern Pinellas County and
western Pasco County. As a "full service" gas utility, the System provides gas appliance sales,
service and repair (both commercial and residential), installation of customer gas piping,
construction and maintenance of underground gas mains and service lines, and 24- hour response
to any gas emergency call within the service area. The System is regulated for safety by the
Florida Public Service Commission and the Federal Department of Transportation.
The System has been serving customers in the Clearwater area for over 80 years (since
1923) when operations were begun with a manufactured gas plant operation from coal and coke.
In 1959, when natural gas transmission lines were finally extended to the Florida peninsula, the
System discontinued manufacturing gas and began receiving piped natural gas from Florida Gas
Transmission.
The System serves over 16,792 customers in a 298 square mile service territory, which
includes 17 municipalities as well as the unincorporated areas of northern Pinellas County and
western Pasco County. The Pine lias County service territory is 18 I square miles and extends
generally from Ulmerton and Walsingham Roads on the South to the Pasco County line on the
North and from the Gulf of Mexico on the West to the Hillsborough County line on the East.
This includes all of the PineIlas beach communities south to Redington Beach. The Pasco
County service territory is I 17 square miles and extends from the Gulf of Mexico on the West
inland about JO miles to just West of State Road 41 and Land 0' Lakes (generally along the
right-of-way of the Suncoast Parkway) and from the Pinellas and Hillsborough County lines on
the South to generaIly State Road 52 on the North. The System service territory extends 42.3
miles from the southernmost to the northernmost point. Residential customers make up over
81.4% of the System's customer base.
23
As of September 30, 2002, the System's active natural gas customers were located as
shown in the following table:
Location Meters Percentage
Belleair 346 2.31%
Belleair Beach 106 0.71
BelIeair Bluffs 20 0.13
Belleair Shores 18 0.12
ClealWater 6,928 46.28
Dunedin 992 6.63
Indian Rocks Beach 59 0.39
Indian Shores 37 0.25
Largo 1,052 7.03
New Port Richey 146 0.98
North Redington Beach 9 0.06
Oldsmar 48 0.32
Port Richey 12 0.08
Redington Beach 4 0.03
Redington Shores 10 0.07
Safety Harbor 596 3.98
Tarpon Springs 1,275 8.52.
Unincorporated Areas Pasco 879 5.87
Unincorporated Areas Pinellas 2.434 16.26
Total 14,971 100.00%
The following table shows the five largest intenuptible customers by peak monthly
consumption and the percent of the System's revenues derived from such customers during the
12 months ending September 30,2002: .
Customer Name
Peak
Monthly Thcnns
%of
Gross Revenues
Morton F. Plant Hospital
National Linen Services, Inc.
Metal Industries, Inc.
Mease Hospital
Coca-Cola Foods
97,312
87,385.
82,274
52,322
22,136
2.66%
2.29
1.90
1.67
0.73
The following table shows the breakdown of the System's customers by category as well
as the vol\.D11C of gas sold and the sales revenues generated by each category for the fiscal year
ending September 30, 2002:
24
A verage No, Gas Gas
Customers Volume Sales
Intenuptible 13 21.98% 12.82%
Residential 12,925 14.89% 23.54%
Commercial 2,033 63. I 3% 63,64%
Pasco County Territorial Dispute
On June 21, 1994, Peoples Gas System, Inc., petitioned the Florida Public Service
Commission (FPSC) to resolve a territorial dispute between Peoples Gas System ("PGS") and
the Clearwater Gas System relating to the Pasco County service territory. PGS asked the FPSC
to deny the System the Pasco County territory and to certify the area for PGS. The dispute was
settled in the spring of 1995, with the settlement providing the System with 117 square miles of
expanded service territory in southwestern Pasco County. However, the settlement also
precludes the System from expanding to the north and east in Pasco County, which service areas
were assigned to PGS.
On November 24, 1999 PGS and CGS filed a joint petition to the FPSC for a territorial
boundary agreement in Pinellas County. This agreement specifically defined our Pinellas
County boundaries between PGS and CGS, TIle following beach communities arc now included
within CGS' territory: Indian Rocks Beach, Indian Shores, Redington Shores, North Redington
Beach and Redington Beach. The agreement fully defines this southenllnost boundary as well
Pinellas County's territorial boundaries between PGS and CGS. This will resolve any future
territorial issues.
Environmental Remediation Costs
In December 1993, the Florida Department of Environmental Protection ("FDEpII)
infonned the City that it inteoocd to pursue an investigation of the City of Clearwater
Manufactured Gas Plant (the "Fonner Plant") site which was located from the 1920's through
about 1960 at the current site of the System's Administrative Offices and Pine lias Operations
Center. The main components of the Fonner Plant were removed between 1960 and 1985 and
the site is currently paved. An initial investigation by the Federal Environmental Protection
Agency in the late 1980's detennined that no serious health hazards existed at this site but
referred it to the FDEP for future monitoring.
Environmental Consulting & Technology, Inc. (ECT) of Tampa, Florida, has been
retained as the System's environmental consultant. During 1995 ECT, with tJle assistance of the
System's crews, drilled holes and excavated a small segment of the Fonner Plant site in order to
prepare the Contamination Assessment Plan (CAP). ECT submitted a revised CAP to FDEP on
25
November 2, 1995 and was approved. After installing all the necessmy monitoring wells and
collecting soil samples, ECT submitted the Contamination Assessment Report (CAR) in
December 1999 to FDEP, Ailer reviewing thc CAR, FDEP requested additional monitoring
wells be instnlled to bctter detcmline the contmnination boundary in certain areas of the
property, Additional wells were installed and analyzed in early 2001. FDEP reviewed the
results and once again requircd additional well insmllations for additional groundwater and soil
data. Additional wells were instnlled in June 2002 and in carly 2003, As of July 2003, FDEP
has not approved the reviscd CAR, 1l1erefore additional fieldwork will continue into the
foreseeable future.
The cost of the investigation and possible remediation of the site is funded through an
Environmental Imposition Adjusunent (EIA) applicable to all firm stnndard natural gas thenn
rates and standard propane (LP) gallon rates. TIle EIA pemlits the System to recover the cost of
cnvironmcntnl costs imposed on the System by federal, state and local regulatory agencies.
1l1l'ough July 2003, $444,599.03 has been expended out of the $864,521,92 total revenue
collectcd through insurance settlemcnts and rate recovery. Currently the City is not charging
EIA to its customers,
FINANCIAL GUARANTY INSURANCE
Ambac Assurance has made a commitment to issue a [mancial guaranty insurance policy
(the "Financial Guaranty Insurance Policy") relating to the Obligations effective as of the date of
issuance of the Obligations. Under the tenns of the Financial Guaranty Insurance Policy, Ambac
Assurance will pay to The Bank of New York, in New York, New York or any successor thereto
(the "Insurance Trustee") that portion of the principal of and interest on the Obligations which
shall become Duc for Payment but shall be unpaid by reason of Nonpayment by the Obligor (as
such tenns are defined in the Financial Guaranty Insurance Policy). Ambac Assurance will make
such payments to the Insurance Tnlstee on the later of the date on which such principal and
intcrest becomes Due for Payment or within one business day following the datc on which
Ambac Assurance shall have received notice of Nonpayment from the TrusteelPaying
Agent/Bond Registrar. The insurance will extend for the tenn of the Obligations and, once
issued, cannot be canceled by Ambac Assurance.
TIle Financial Guaranty Insurance Policy will insure payment only on stated maturity
dates and on mandatoI)' sinking fund installment dates, in the case of principal, and on stated
dates for payment, in the case of interest. If the Obligations become subject to mandatory
redemption and insufficient funds are available for redemption of all outstanding Obligations,
Ambac Assurance will remain obligatcd to pay principal of and interest on outstanding
Obligations on the originally scheduled intcrest and principal payment dates including
mandatory sinking fimd redemption dates. In the event of any acceleration of the principal of the
Obligations, the insured paymcnts will be made at such times and in such amounts as would
have been made had there not been an accelcration.
26
In the evcnt the Paying Agent has notice that any payment of principal of or interest on
an Obligation which has becomc Due for Payment and which is made to a Holdcr by or on
behalf of tlle Obligor has been deemcd a preferential transfer and theretofore rccovered from its
rcgistered owner pursuant to the United States Bankntptcy Code in accordance with a final,
nonappealable order of a court of competent jurisdiction, such registcred owncr \\ill be entitled
to payment from Ambac Assurance to the cxtent of sllch recovcl)' if suOicient funds are not
otherwise available.
'1l1e Financial Guaranty Insllrance Policy docs not insure any risk other than
Nonpayment, as defined in the Policy. Specifically, the Financial Guaranty Insurance Policy
docs not cover:
I. payment on acceleration, as a result 0 I' a call for redcmption (other than
mandatOl)' sinking Illl1d redemption) or as a result of any other advancement of maturity,
2. payment of any redemption, prepayment or acceleration premium,
3, nonpayment of principal or interest caused by the insolvency or negligence of any
Trustee, Paying Agent or Bond Registrar, ifany.
If it becomes nccessary to call upon the Finardal Guaranty Insurance Policy, payment of
principal requires surrender of Obligations to the Insurancc Tntstce togethcr with an appropriate
instrument of assignmcnt so as to pennit ownership of such Obligations to be registered in thc
name of Ambac Assurance to thc cxtent of the payment under the Financial Guaranty Insurance
Policy. Payment of interest pursuant to the Financial Guaranty Insurance Policy requircs proof of
Holder entitlcment to interest payments and an appropriatc assignment of the Holder's right to
payment to Ambac Assurance.
Upon payment of tllC insurance benefits, Ambac Assurance will become the owncr of the
Obligation, appurtenant coupon, if any, or right to payment of principal or intcrest on such
Obligation and will be fully subrogated to the surrendering Holder's rights to payment.
'1l1C insurance provided by the Financial Guaranty Insurance Policy is not covered by the
. Florida Insurance Guaranty Association,
Ambac Assurance Corporation
Ambac Assurance Corporation ("Ambac Assurance") is a Wisconsin-domiciled stock
insurancc corporation regulated by the Office of the Commissioner of Insurance of the State of
Wisconsin and licensed to do business in 50 states, the District of Columbia, the Territory of
Guam and the Commonwealth of Puerto Rico, with admitted assets of approximately
$6,993,000,000 (unaudited) and statutory capital of approximately $4, I 95,000,000 (unaudited)
as of September 30, 2003\March 3 I, 2003. Statutory capital consists of Ambac Assurance's
policyholders' surplus and statutory contingency reserve, Standard & Poor's Credit Markets
27
Services, a Division of The McGraw-Hili Companies, ivtoody's Investors Service and Fitch, Inc.
have each assigned a tripIe-A financial strength rating to Ambac Assurance,
Ambac Assurance has obtained a ruling from the Internal Revenue Service to the effect
that the insuring of an obligation by Arnbac Assurance will not affect the treatment for federal
income tax purposes of interest on such obligation and that insurance proceeds representing
maturing interest paid by Ambac Assurance under policy provisions substantially identical to
those contained in its fmaneiaI guaranty insurance pol icy shall be treated for fedcral income tax
purposes in the same manner as if such payments were made by tlle Obligor of the Obligations.
Ambac Assurance makes no representation regarding the Obligations or the advisability
of investing in the Obligations and makes no representation regarding, nor has it participated in
the preparation of, the Official Statement other than the infornmtion supplied by Ambac
Assurance and presented under the heading "FINANCIAL GUARANTY INSURANCE".
Available Information
The parent company of Ambac Assurance, Ambac Financial Group, Inc. (the
"Company"), is subject to the informational requirements of the Securities Exchange Act of
1934, as amended (the "Exchange Act"), and in accordance therewith filcs reports, proxy
statements and other information with the Securities and Exchange Commission (thc "SEC").
TIlese reports, proxy statements and other infonnation can be read and copied at the SEe's
public reference room at 450 Fifth Street, N.W., Washington, D.C. 20549. Please call the SEe at
1-800-SEC-0330 for further infonnation on the public reference room. The SEe maintains an
internet site at http://www.sec.gov that contains reports, proxy and infommtim statements and
other infomlation regarding companies that file electronically with the SEC, including the
Company, These reports, proxy statements and other information can also be read at the offices
of the New York Stock Exchange, Inc. (the "NYSE"), 20 Broad Street, New York, New York
10005.
Copies of Ambac Assurance's financial statements prepared in accordance with statutory
accounting standards are available from Ambac Assurance, 1he address of Ambac Assurance's
administrative offices and its telephone number are One State Street Plaza, 19th Floor, New
York, New York 10004 and (212) 668-0340.
Incorporation of Certain Documents by Reference
The fonowing documents filed by the Company with the SEe (File No. 1-10777) are
incorporated by reference in this Official Statement:
I. TIre Company's Current Report on Form 8-K dated January 23, 2003 and filed on
January 24, 2003;
2. TIle Company's Current Report on Form 8-K dated February 25, 2003 and filcd
on February 28, 2003;
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3. TIle Company's Current Report on Form 8-K dated February 25, 2003 and filed
on March 4, 2003;
4. TIle Company's Current Report on Form 8-K dated March 18, 2003 and filed on
March 20,2003;
5, TIle Company's Current Report on Form 8-K dated r-..tarch 19, 2003 and filed on
March 26,2003;
6, The Company's Annual Report on Fonll 10-K for the fiscal year ended December
31,2002 and filed on March 28, 2003;
7. The Company's Current Report on Form 8-K dated March 25, 2003 and filed on
March 3 I, 2003; and
8. The Company's Current Report on Form 8-K dated April 17, 2003 and filed on
April 21,2003.
9. The Company's Quarterly Report on Foml IO-Q for the fiscal quarterly period
ended March 31, 2003 and filed on May 15, 2003.
10. The Company's Current Report on Form 8-K dated July 17, 2003 and filed on
July 18,2003;
11. The Company's Quarterly Report on Form IO-Q for the fiscal quarterly period
ended June 30,2003 and filed on August 14,2003;
12. The Company's Current Report on Form 8-K dated October 16, 2003 and filed on
October 17, 2003; and
13. The Company's Quarterly Report on Form lO~Q for the fiscal quarterly period
ended September 30, 2003 and filed on November 14, 2003.
All documents subsequently filed by the Company pursuant to the requirements of the
Exchange Act after the date of this Official Statement will be available for inspection in the
same manner as described above in "Available Infonnation".
Rights Granted Insurer
Generally, in connection with its insurance of an issue of mWlicipal securities, the Insurer
requires, among other things, (i) that it be granted the power to exercise any rights granted to the
holders of such securities upon the occurrence of an event of default, without the consent of such
holders, and that such holders may not exercise such rights without the Insurer's consent, in each
case so long as the Insurer has not failed to comply with its payment obligations under its
29
insurance policy; and (n) that any amendment or supplement to or other modification of the
principal legal documents be subject to the Insurer's consent The specific rights, if any, granted
to the Insurer in connection with its insurance of the Bonds are set forth in "APPENDIX C -
SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE."
30
COMBINED DEBT SERVICE REQUIREMENTS
Set forth below are the amounts of principal and interest on the Parity Bonds and the
Series 2004 Bonds and the combined debt service of each in the bond years indicated.
Bond Year
Ending
Combined
Sept. 1
Paritv Bonds
Series 2004 Bonds
Total Debt Service*
Principal *
Interest*
Debt Service*
2004 $ 1,531,] 61.26
2005 1,537,448.76
2006 1,541,767.50
2007 1,539,027.50
2008 ] ,535, 122.50
2009 1,544,462.50
20] 0 ] ,536,272.50
2011 ],541,472.50
2012 ] ,539,422.50
20]3 ],524,]22.50
20] 4 ] ,422,522.50
20] 5 ] ,425,1 07.50
20]6 1,420,420.00
20] 7 1,428,720.00
2018 1,419,210.00
20] 9 ] ,427,5] 5.00
2020 ] ,428,065.00
202] 1,425,3]5.00
2022 ] ,420,035.00
2023 ] ,432,225.00
2024 465,855.00
2025 469,690.00
2026 467,465.00
2027 2.]74.445.00
Total $33,196,870.02
Totals
· Rounded to the nearest dollar.
3]
.
D1STORICAL COVERAGE OF DEBT SERVICE
BY TIlE SYSTEM NET REVE:-IUES (I)
Fiscal Ytar Ending !2.2l! 1999 2000 2001 Mm
Gross Revenues (2) S 19,438,030 518,772,104 521,533.228 531,211,839 527,218,0;6
Cost of Openllon
and Mainten:mo;e ! 3) 14,975445 14701.728 16462 9S1> 24,575.414 20 1i64,7~
Net Rcvenu~ 4,462,585 4,070,376 5,070.242 6,636,425 6,553,372
Annual o.:bt S<r.lo:C SI,834,358 2,104,891 2,103,494 2,098,713 2,104,887
Coverage of AMC1I Debt
Sel\'ice b~' Net R:--=ues 243 1.93 241 3 16 3, II
Coverage of Ma.....l=
Annual Debl 5<r.~""l:
by N el R c\'enuc:s ! ~ ) 205 1.S7 233 3,05 3,01
(I) Source Cll)" ofClearvo'3ler, Annual FilWlcial Reports
(2) InduJc:s mlCre:5t earnings and gross fC'o enues from S)'Stem,
(3) E,c1lAb depr-eciation (and SImilar noncash expenses)" amorti7.ation of bond discount and issuance costs, bon interest and reserve
adJustme:1ts
(4) As of Fiscal Year 2002, Maximum Annual Debt ServIce on all Outstanding Gas System Bonds was S2,176,810,
RATINGS
It is anticipated that Moody's Investors Service, Inc, and Fitch Ratings will assign the
Series 2004 Bonds ratings of "Aaall and llAAAII, respectively, with the understanding that an
insurance policy insuring the payment when due of the principal of and interest on the Series
2004 Bonds \\ill be issued by the Insurer. Such ratings reflect the views of the rating agencies
and an explanation of the significance of such ratings may be obtained only from the rating
agencies furnishing the same. 'There is no assurance that such ratings may be continued for any
given period of time or that they will not be revised downward or withdrawn entirely by such
rating agencies, if in its judgment, circumstances so warrant. Any such downward revisions or
withdrawal of such ratings may have an adverse effect on the market price of the Series 2004
Bonds. For any additional description of ratings and their meanings, Moody's Investors Service,
Inc. and Fitch Ratings should be contacted.
LEGALITY
Certain legal matters in connection with the issuance of the Series 2004 Bonds are
subject to the approval of Bryant, Miller and Olive, P.A., Tallahassee, Florida, Bond Counsel,
whose Bond Counsel opinion will be available at the time of delivery of the Series 2004 Bonds.
The proposed fonn of such opinion of Bond Counsel is attached to this Official Statement as
APPENDIX E. Certain legal matters will be passed upon for the City by Pamela K. Akin,
Esquire. City Attorney and by its disclosure counsel, Nabors, Giblin & Nickerson, P.A., Tampa,
Florida,
32
TAX EXEMPTION
Fcdcrullncome Tux Mutters
'nlC [ntcmal Revenue Code of 1986, as amended (thc "Code") establishes cCl1ain
requirements which must be met subsequent to the issuance and Jdivery of the Bonds in order
that interest on tllc Bonds be and remain excluded li'OJll gross income for purposes of federal
income taxation, Non-compliance may cause interest on the Bonds to be included in federal
gross income retroactive to tlle datc of issuancc of tllC Bonds regardless of the date on which
such non-compliance occurs or is ascertained, These requirements include, but are not limited
to, provisions which prescribe yield and other limits within which the proceeds of the Bonds and
tlle other amounts are to be invested and require tlmt certain investment eamings on the
toregoing must be rebated on a periodic basis to the Treasury Department of the United States.
l11C County has covenanted in the Resolution to comply with such requircmcnts in order to
maintain the exclusion Hum federa[ gross incomc of thc intercst on the Bonds.
In the opinion of Bond Counsel, assuming compliance with the aforementioned
covenants, under existing laws, regulations, judicial decisions and mlings, interest on the Bonds
is excluded from gross income of the holders thereof for purposes of federal income taxation.
Interest on the Bonds is not an item Qf tax preference for purposes of the federal altemativc
minimlUl1 tax imposed on individuals or corporations; however, interest on the Bonds may be
subject to the alternative minimum tax when any Bond is held by a corporation, TIle alternative
minimum taxable income of a corporation must be increased by 75% of the excess of such
corporation's adjusted current earnings over its alternative minimtnn taxable income (before this
adjustment and the alternative tax net operating loss deduction). "Adjusted Current Eamings"
will include interest on the Bonds.
Except as described above, Bond Counsel will express no opmlon regarding the federal
income tax consequences resulting from the ownership of, receipt or accrual of interest on, or
disposition of Bonds, Prospective purchasers of Bonds should be aware that the ownership of
Bonds may result in collateral federal income t..1X consequences, including (i) the denial of a
deduction for interest on indebtedness incurred or continued to purchase or carry Bonds, (ii) the
reduction of the loss reserve deduction for property and casualty insurance companies by 15% of
certain items, including interest on the Bonds, (iii) the inclusion of interest on the Bonds in
earnings of certain foreign corporations doing business in the United States for purposes of a
branch profits tax, (iv) the inclusion of interest on Bonds in passive income subject to federal
incorre taxation of certain S corporations with Subchapter C earnings and profits at the close of
the taxable year, and (v) the inclusion of interest on the Bonds in "modified adjusted gross
income" by recipients of certain Social Security and Railroad Retirement benefits for purposes
of detennining whether such benefits are included in gross income for federal income tax
purposes.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE BONDS AND THE
RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE
FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE
33
REGISTERED OWNERS. PROSPECTIVE REGISTERED O\VNERS SHOULD CONSULT
WITH THEIR TAX SPECIALISTS FOR INFORMA nON IN THA T REGARD,
During recent years legislative proposals have been introduced in Congress, and in some
cases enacted that altered certain federal tax consequences resulting from the ownership of
obligations that are similar to the Bonds, In some cases these proposals have contained
provisions that altered these consequences on a retroactive basis, Such alteration of federal tax
consequences may have affected the market value of obligations similar to the Bonds, From
time to time, legislative proposals are pending which could have an etlcct on both the federal tax
consequences resulting from ownership of Bonds and their market value, No assurance can be
given that legislative proposals will not be introduced or enacted that would or might apply to, or
have an adverse effect upon, the Bonds.
Florida Tax Matters
On the date of delivery of the Bonds, Bond Counsel will issue an opinion to the effect
that under existing statutes, regulations and judicial decisions, the Bonds and the income
therefrom are exempt from taxation under the laws of the State of Florida, except as to Florida
estate taxes imposed by Chapter 198, Florida Statutes, as runended. and net income and franchise
taxes imposed by Chapter 220, Florida Statutes, as amended.
VERIFICATION OF MATHEMATICAL COMPUTATIONS
At the time of the delivery of the Series 2004, Bonds, [Verification Agent],[Verification
Agent Location], a finn of independent certified public accountants, will deliver a report on the
mathematical accuracy of the. computations contained in schedules provided to them and
prepared by the Financial Advisor on behalf of the City relating to (I) the sufficiency of the
anticipated cash and maturing principal amounts and interest on the Federal Securities to pay,
when due, the principal, whether at maturity or upon prior redemption, interest and call premium
requirements of the Refunded Bonds and (2) the "yield" on the Series 2004 Bonds and on the
Federal Securities considered by Bond Counsel in connection with their opinion that the Series
2004 Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue
Code of 1986, as amended.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45, Florida Statutes, the City adopted a
written investment policy which applies to all funds held by or for the benefit of the City
Commission (except for proceeds of bond issues which are deposited in escrow and debt service
funds and governed by their bond documents) and funds of Constitutional Officers and other
component units of the City.
34
TI1e objectives of the investment policy, listed in order in order of impor1ance, are:
1. Safety of principal
2. Provision of sufficient liquidity
3. Optimization of retum within the constraints of safety and liquidity
11le investment policy limits the securities eligible for inclusion in the City's portfolio,
TIle City will attempt to maintain a weighted average maturity of its investments at or below
three years; however, the average maturity of investments may not exceed four years.
To enhance safety, the investment policy requires the diversification of the portfolio to
reduce the risk of loss resulting from over-concentration of assets in a specific class of security.
TIle investment policy also requires the preparation of periodic reports for the City Commission
of all outstanding securities by class or type, book value, income earned and market value as of
the report date.
Notwithstanding the foregoing, moneys held in the funds and accounts established under
the Ordinance may be invested only in Pennitted Investments, as described in the Ordinance,
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2004 Bonds under the Ordinance (and
the policy of municipal bond insurance referred to herein) are in many respects dependent upon
judicial actions which are often subject to discretion and delay. Under existing constitutional
and statutOl)' law and judicial decisions, including specifically Title }I of the United States
Code, the remedies specified by the Federal Bankruptcy Code, the Ordinance and any policy of
municipal bond insurance referred to herein may not be readily available or may be limited. 111e
various legal opinions to be delivered concurrently with the delivery of the Series 2004 Bonds
(including Bond Counsel's approving opinion) will be qualified, as to the enforceability of the
various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency, or
other similar laws affecting the rights of creditors or by such principles of equity as the court
having jurisdiction may impose with respect to certain remedies which require or may require
enforcement by a court of equity,
LITIGATION
111ere is no litigation or controversy of any nature now pending or threatened (i) to
restrain or enjoin the issuance, sale, execution or delivery of the Series 2004 Bonds or (ii) in any
way questioning or affecting the validity of the Series 2004 Bonds, the Ordinance, any
proceedings of the City taken with respect to the authorization, sale or issuance of the Series
2004 Bonds or the pledge or application of any moneys provided for the payment of the Series
2004 Bonds, including the Net Rcvcnues of the System.
35
.
The City is a party from time to time in various law suits involving the City generally,
and believes tlmt none of tlle actions currently pending will have a material effect upon the
finances oftlle City or of the System.
GENERAL PURPOSE FINANCIAL STATEMENTS
TIle excerpts from the General Purpose Financial Statements and other infonnation of the
City for tlle fiscal year ended September 30,2002, are included in APPENDIX B to this Official
Statement. Such excerpts from the City's Comprehensive Annual Financial Report, including
the auditor's report thereon, have been included in this Official Statement as public documents
and consent from the auditors was not requested. The auditors have not perfonned any services
relating to. and are therefore not associated with, the issuance of the Series 2004 Bonds.
FINANCIAL ADVISOR
William R. Hough & Co. served as independent financial advisor to the City with respect
to the issuance and sale of the Series 2004 Bonds. The Financial Advisor assisted in the
preparation of this Official Statement and in other matters relating to the planning, structuring
and issuance of tlle Series 2004 Bonds. William R. Hough & Co. did not engage in any
underwriting activities with regard to the issuance and sale of the Series 2004 Bonds, The
Financial Advisor is not obligated to undertake and has not undertaken to make an independent
verification or to assume responsibility for the accuracy, completeness or fairness of the
infonnation contained in this Official Statement and is not obligated to review or ensure
compliance with the undertaking by the City to provide continuing secondary market disclosure.
William R. Hough & Co. may assist the City in bidding certain investments on behalf of the City
which may result in additional fees being paid to William R. Hough & Co.
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance of the
Series 2004 Bonds. These advisors and consultants are compensated from a portion of the
proceeds of the Series 2004 Bonds, identified as "Costs of Issuance" under the heading
"ESTIMATED SOURCES AND USES OF FUNDS" herein; and other compensation, is, in
some instances, contingent upon the issuance of the Bonds and the receipt of the proceeds
thereof.
Fillallcial Advisor. The City has retained William R. Hough & Co., St. Petersburg,
Florida, as Financial Advisor. The fees of the Financial Advisor will be paid from proceeds of
the Series 2004 Bonds and such payment is contingent upon the issuance of the Series 2004
Bonds.
36
BOlld Counsel. Bryant, Miller and Olive, P,A., Tallahassee, Florida represents the City
as Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds, and such
payment is contingent upon the issuance of the Bonds,
Disclosure Counsel, Nabors, Giblin & Nickerson, P,A.. Tampa, Florida represents the
City as Disclosure Counsel. The fees of Disclosure Counsel will be paid from proceeds of the
Bonds, and such payment is contingent upon the issuance of the Bonds,
CONTINUING DISCLOSURE
111C City has covenanted for the benefit of tilC holders and beneficial owners of the Series
2004 Bonds to provide ce~1in financial infonnation and operating data relating to thc City by
. not later than June I in each year commencing Junc I, 2004 (the "Annual Report"), and to
provide notices of tilC occurrcnce of certain enumerated events, if dcemed by the City to be
material. '111C Annual Report will be filed by the City with each Nationally Recognized
Municipal Securities Infonnation Repository (''NRMSIR''), and with the State of Florida
Rcpository, if and when created. The notices of material events will be tilcd by the City with the
NRMSIR and Witil tilC State of Florida Repository, if and when created. 'nle specific naturc of
tile infomlation to be contained in the Annual Report or the notices of material events is
summarized below under the caption "APPENDIX D - FORM OF CONTINUING
DISCLOSURE CERTIFICATE." These covenants have been made in order to assist the
Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). The City has never failed to comply
in all material respects with any previous undertakings with regard to said Rule to provide
annual reports or notices of material events.
MISCELLANEOUS
All infonllation included hercin has been provided by the City, except where attributed to
other sources. TIle summaries of and references to all documents, statutes, reports and other
insuuments referred to herein do not purport to be complete, comprehensive or definitive, and
each such reference or summary is qualified in its entirety by reference to each such document,
statute, report or other instrument. Copies of all such documents referred to herein are on file
with the City Clerk of the City at 112 South Osceola Avenue, Clearwater, Florida 34616. The
infonnation herein has been compiled from official and other sources and, while not guaranteed
by the City, is believed to be correct. As far as any statements made in this Official Statement
and the appendiccs attached hereto involve matters of opinion or of estimatcs, whether or not
expressly stated, they are set forth as such and not as representations of fact and no
representation is made that any of the estimates will be realized.
37
AUTHORIZATION OF AND CERTIFICATION
CONCERNING OFFICIAL STATEMENT
TIle delivery of this Official Statement has been authorized by the City Commission.
Concurrently with the delivery of the Series 2004 Bonds, the undersigned will furnish their
certificate to the effect that, to the best of their knowledge, this Official Statement did not as of
its date, and does not as of the date of delivery of the Series 2004 Bonds, contain any untrue
statement of a material fact or omit to state a material fact which should be included therein for
the purpose for which this Official Statement is to be used, or which is necessary in order to
make the statements contained therein, in the light of the circumstances in which they were
made, not misleading.
CITY OF CLEARWATER, FLORIDA
By:
Mayor-Commissioner
By:
City Manager
38
APPENDIX A
GENERAL INFORMATION RELATING TO
THE CITY OF CLEARWATER, FLORIDA
APPENDIX A
GENERAL INFORMATION
RELATING TO THE CITY OF CLEARWATER, FLORIDA
Location
The City of Clearwater (the "City"), the county seat of Pine lias County (the fifth most populous
county in Florida), is geographically located in the middle of the west coast of Florida on the Gulf of
Mexico. It is situated approximately 22 miles wcst of Tampa and 16 miles north of St. Petersburg.
Standing on the highest coastal elevation ofthe State, the City limits comprise approximately 26,66 square
miles of land and 8.61 square miles of waterways and lakes.
Clearwater Beach, a corporate part ofthe City, is a beach community connected to the mainland
by Memorial Causeway, a four-lane, toll-frec drive stretching almost two miles across thc Intracoastal
Watcrway. Business on Clearwater Bcach is mainly tourist oriented, with hotels, motels and gift shops.
Many fine homes, apartments and condominiums otTer pleasant, scmi-tropical island accommodations to
pennancnt residents and winter and summer visitors.
History
. The area now known as Clearwater was frrst explored in 1528 by Panfile de Narvaez, a Spanish
explorer who encountered a large tribe of Indians, which his anny drove out. Thc Indians recaptured their
tenitory and hcld it until the Seminole Wars of 1835-42. TIle Indians who inhabited this area arc said to
have called it "Pocotopaug, "meaning "clear water," for the many springs of clear, frcsh watcr that bubbled
along the shore and even below the waterline at low tide.
Settlers began moving into the area around the time of the Seminole Wars, After the wars ended,
thc territory was opened by the Federal government for homesteading under the Anned Occupation Act.
The first land title was granted in 1842. The early settlemcnt, named "Clear Water Harbor," was
incorporated in 1897. "Clear Water" later became one word and "Harbor" was dropped in 1906 when
Pinellas County was created by an act of tile State Legislature. In May 1911, Clearwatcr became tllC
County Seat and Clearwater was chartered as a municipality on May 27, 1915.
Government and Administration
Clearwater has a comrnission-city manager fonn of governmcnt. F our commissioners and a mayor-
commissioner are elected at large to serve overlapping three-year tenns. They appoint the city manager
and the city attorney. All other administrative and professional positions arc appointed by the city manager
in accordance with the City's Civil Service System.
A-I
ll1e City has approximately 1,835 employees, covered by the City's Civil Service law relating to
recruitment, promotion, evaluation and discipline based on merit principles, Five employee unions
represent the City's civil labor force: two units of the Fratemal Order of Police: two of the Intemational
Association of Fire Fighters; and one from the Communications Workers of America,
Transportation
PineIlas County and Clearwater are served by three major causeways and bridges over Tampa
Bay, by U.S. 19 and 1-275 to the north and south, by 1-4 and U.S. 60 to the cast. State Roads 590 and
686 also afford access to the City,
Tampa Intemational Airport, located approximately twenty miles from downtown Clearwater,
provides air travel access with approximately 260 national and intemational flights daily. Limousine and
taxi service to and from the airport is available from Clearwater and throughout Pincllas County. St.
Petersburg/Clearwater Intcmational Airport, five miles from downtown Clearwater, oilers regularly
schedulcd passenger service and charter and special group tlighL<;, on a more limited basis to both domestic
and foreign destinations, particularly to Canada, Mexico, and Central and South America. ll1e Executive
Airpark, which is slightly over a mile from the downtown business section, provides service and
maintenance for private plane owners. The airport has one 3,000 foot hard-surfuce nmway and facilities
for visiting and locally based planes,
ll1e Port of Tampa (22 miles to the east) is the closest deep water port. The port is serviced by
a variety of steamship agents and operators, The United States Coast Guard maintains an air station at the
St. Petersburg/Clearwater lntemational Airport, and a search ~U1d sea rescue cutter station on Clearwater
Harbor opposite Sand Key.
Gulf Coast Motor Lines provides service daily between Clearwater, St. Petersburg and Tampa
and makes connections with Greyhound and Trailways Bus Lines in Tampa. Scenic tours are available via
Gray Line out of Clearwater and St. Petersburg, and both Gray Line and Gulf Coast have buses for
charter. Pinellas Suncoast Transit System maintains 54 routes in 19 municipalities in Pine lias County.
Utilities, Public Service and Community Facilities
The City owns and operates its own water and wastewater collection systems. Water is obtained
from 17 deep wells owned and operated by the City (approximately 20-25%) and from wholesale
purchases from the Pine lias County Water System (approximately 75-80%). Total daily average is
approximately 29 million gallons per day. The wastewater collection program provides for the transmission
of wastewater through the City's underground sewer mains, collectors and interceptor lines and for tile
maintenance, repair and replacement of 363 miles of sanitary sewer lines. The Department of Public
Works maintains 304 miles of paved streets, 10.5 miles of unpaved streets, approximately 147 miles of
stonn sewer mains, and approximately 559 miles ofwatcr mains.
A-2
Electric power is provided by Progress Energy and telephone service is provided by Yerizon of
Florida, Inc, Time Wamer and Verizon provide cable television service under franchises with the City.
Local editions of the daily St. Petersburg Times and TI1C Tampa Tribune, plus weekly newspapers from
adjacent Dunedin, Largo, Seminole and Clearwater Beach are widely distributcd.
The Clearwater Public libraI)' System consists of a main libral)' and four branches which are
spread evenly throughout the community for easy access. TIle City offers over 42 acres of public beach
front, 1,130 acres of parks, 3 I playgrounds, numerous athletic courts and fields, five swimming pools, a
6,917 seat baseball and softball stadium, golf course, civic and recreational centers, 7.4 miles of
recreational paths, boat ramps and a 209 slip yacht basin and marina, TIle Philadelphia Phillies conduct
spring training at the mWlicipal baseball stadium and have a long-tenn contract for fann club training on
Clearwater's specially constructed facilities during the Winter Instructional League Program. Clearwater
is the home of the Cleanvater Bombers, a national amateur fastpitch softball team.
Tourism
The State of Florida reported 62.3 million tourists came to Florida during the year 200 I. This was
a slight decrease of 4% below the 69.8 million visitor estimate for the year 2000. More than 4. 72 million
visitors vacationed in Pine lias County in 2000, and 4.71 in the year 200 I, registering only a slight decrease.
Tourism is a $2.5 billion industry annually to the County. Pinellas County is ranked seventh of the top ten
destinations in Florida and totaled 14.8% of Florida's domestic tourism. Clearwater's Fun 'N Sun Festival
each spring attracts thousands of visitors.
Education
The Pinellas County School District is the seventh largest in the State and operates a total of 143
schools comprising elemental)' through high school, exceptional, alternative and vocational schools within
the County and serves more than 110,000 students. During the 2001-2002 school year, Pinellas County
Schools expects enrollment of more than 16,293 compared to 15,978 during the 2000-2001 school year
with students attending 80 elementary, 23 middle and 16 high schools along with five exceptional education
centers, two alternative schools and four charter schools. The district also operates three community
schools, three adult educationlleaming centers, two technical education centers and one secondal)'
vocational center. Private schools and academies are also located within or near the City limits. In
addition, S1. Petersburg College has a Clearwater campus. Eckerd College in 81. Petersburg, Beacon
College in Largo, Stetson University College of Law in Gulfport, the University of South Florida and the
University of Tampa in Tampa offer nearby college and post-graduate education.
Industry, Commerce and Labor
Light, clean industry is encouraged in Clearwater. In 1957, the City of Clearwater developed a
100 acre industrial park adjacent to the Clearwater Airpark (Executive Airport) and to the C8X
A-3
Transportation Company. There is also a privately owned, 35 acre industrial park. Large industries
located near Clearwater include Honeywell, General Electric, UNISYS, Concept and Hercules Defense
Electronics Systems, Inc. During the 1999 fiscal year IMRglobal Corp. (ItIMRIt) occupied its new world
headquarters in downtown Clearwater. IMR represents an important step in revitalizing downtown
Clearwater and attracting technology companies to the area.
Pension Plan
TIle Employees' Pension Plan and the Fireman's Pension Plan are self-administered by the City.
City contributions for fiscal year ending 2002 were $4,439,829 to the Employees' Plan and $1,153,732
to the Fireman's Plan, and were in accordance with actuarially detennined funding requirements.
In addition, supplemental pensions exist for certified Police Officers and Firefighters, funded solely
from excise taxes on certain insurance premiums covering property in Clearwater, collected by the State
and remitted to the City. 80th plans require benefits to be adjusted to equal funds assets provided by Ole
defined contributions.
[Remainder of page intentionally left blank]
A-4
Demographic Information
Last Ten Fiscal Years
(a) (b) (c) (d) (e)
Pennanent Per Capita Median School Unemployment
Year Population Income Age Enrollment Rate (%)
1993 100,768 24,470 42.3 11,584 6.1
1994 100,604 Not avail. 42.9 10,043 5.5
1995 I 0 I , 162 22,789 42.2 10,284 4.8
1996 101,867 24,696 42.1 11,906 4.2
1997 102,472 26,050 43.3 15,264 3.7
1998 102,874 27,311 43.6 13,714 2.9
1999 104,281 28,367 43.9 14,551 3.0
2000 104,454 30,633 44.2 15,978 2.7
2001 108,787 31,658 43.0 16,293 2.6
2002 109,231 27,704 43.0 17,047 3,9
Source: City of Clearwater, Florida Comprehensive Annual Financial Report for period ending
September 30, 2002.
(a) University of Florida, Bureau ofEconomic and Business Research, Florida Statistical Abstract 2002.
(b) Data is for Pinellas County. Source is the University of Florida, Bureau of Economic and Business
Research, Florida Statistical Abstract 2002.
(c) University of Florida, Bureau of Economic and Business Research, Florida Statistical Abstract 2002.
(d) Pinellas County School District
(e) University of Florida, Bureau ofEconomic and Business Research, Florida Statistical Abstract 2002,
as of December 31 of the current fiscal year.
NOTE: Data is for an unspecified point in each year, not specifically September 30.
A-5
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Taxpayers
Bellwether Prop, LP Ltd.
California State Tcachers
Taylor, John S. III
Excel Realty Trust, Inc.
Branch Sunset Association
Clearwater Land Co.
Sand Key Association Ltd.
Northwood Plaza
20M Bayside Arhors Ltd.
Walmart Stores, Inc.
Subtotal
All Others
Total
City of Cleanvater, Florida
Principal Taxpaycrs*
Year Ended September 30, 2001
Percentage
to Total
Assessed Assessed
Type of Business Value* Value
Shopping Center $ 89,035,400 1.74%
Apartment Complex 27,543,800 0.54
Landowner 26,993,400 0.53
Shopping Center 25,084,500 0.49
Shopping Center 24,959,200 0.49
Adult Congregate Facility 23,813,600 0.46
Hotel 23,485,800 0.46
Shopping Center 23,325,100 0.45
Apartment Complex 22,685,800 0.44
Shopping Center 19.140.700 0.37
306,067,300 5.97
4.824.002.670 94.03
$5.130.069.970 loo.ob%
* Based on non-exempt real property assessed taxable values.
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period ending
Septcmber 30, 2002; Pinellas County Property Appraiser, 200 I tax rolls for2002 collections.
A-IO
City of Cleanvater, Florida
Ratio of Net General Bonded Debt to Taxable Assessed Value
and Net Bonded Debt Per Capita
Last Tell Fiscal Years
Ratio of Net Net
Taxable Net General General
Assessed General Bonded Debt Bonded
Fiscal Value Bonded To Assessed Debt
Year Population (000)(1 ) Debt Value Per Capita
1992 99,856 4,179,582 452,779 .01 4.53
1993 100,768 4,188,105 348,4 78 ,01 3.46
1994 100,604 4,181 ,3 14 242,700 .01 2.39
1995 1 0 I , 162 4,186,108 133,597 .00 1.30
1996 10 I ,867 4,252,433 21,598 .00 0.21
1997 102,472 4,376,559 165,000 .00 1.61
1998 102,874 4,494,262 33,750 .00 0.33
1999 104,281 4,692,398 0 .00 0.00
2000 104,454 4,903,478 0 .00 0.00
2001 108,787 5,208,787 0 .00 0.00
2002 109,231 5,688,426 0 .00 0.00
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period end ing
September 30, 2002.
(1) Values listed are for year of collections.
[Remainder of page intentionally left blank]
A-II
City of Clearwater, Florida
Computation of Legal Debt Margin
September 30,2002
Assessed Valuation of Non-Exempt Real Estate(a)
Times: Twenty Percent Limitation per City Charter
Equals Legal Indebtedness Limitation
$5, 130,069,970
x ,20
$ 1.026.013.994
Debt Subject to Indebtedness Limitation:
Revenue Bonds:
I 996A Gas System Revenue Bonds
I 997 Gas System Revenue Bonds
I 998 Gas System Revenue Bonds
1993 Water and Sewer Revenue Bonds
I 998 Water and Sewer Revenue Bonds
2002 Water and Sewer Revenue Bonds
1999 Stonnwater System Revenue Bonds
2002 Stonnwater System Revenue Bonds
200 I Infrastructure Sales Tax Revenue Bonds
200 I Improvement Revenue Refunding Bonds
2002 Spring Training Revenue Bonds
Notes, Mortgages and Contracts
Totals
Legal Indebtedness Margin
Gross Debt
$8,360,000
12,375,000
7,895,000
19,435,000
52,30 1,781
58,680,000
7,275,000
24,685,000
46,445,000
I 1,360,000
14,8 I 0,000
14.031.247
$277.653.028
Less Sinking
Fund Assets
7,500
42,083
2,917
9,258,500
4,454, I 85
3,551,469
110,000
4,250,000
I, I 03,427
o
$22.780.080
Net Debt
Subject to
Limitation
8,352,500
12,332,9 I 7
7,892,083
10,176,500
47,847,596
55,128,531
7,165,000
24,685,000
42,195,000
10,256,573
14,8 I 0,000
14.031.247
$254.872.948
$771. I 41.046
Source:
City of Clearwater, Florida, Comprehensive Annual Financial Report for period ending
September 30, 2002.
(a) Valuation listed is from 2000 tax year for 2001 collections.
A-12
City of Cleanvater, Florida
Computation of Direct and Overlapping Debt
September 30, 2001
Governmental Unit
Net Debt
Outstandin~
Percent
Amount
City of Cleanvater
$
100%
$
Pinellas County School Board
$70,894,996
14%
$9,925,299
(a) Applicable Net Debt Percentage is based on ratio of City to County Taxable values for 2002
collections ($5,130,069,970/$37,671 A31 ,940 = 13,62%).
A-13
APPENDIX B
EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA
GENERAL PURPOSE nNANCLAL STATEMENTS
AND OTHER INFORMATION FOR
THE FISCAL YEAR ENDED SEPTEMBER 30, 2002
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( i Accountants and Mana~ement Consultants
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Report of Independent Certified Public Accountants
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Honorable Mayor-Commissioner,
City Commissioners and City Manager
City of Clearwater, Florida
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We have audited the accompanying financial statements of the governmental activities, the business-
type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater,
Florida (the City), as of and for the year ended September 30, 2002, which collectively comprise the
City's basic financial statements as listed in the table of contents. We have also audited the financial
statements of each of the City's nonmajor governmental. nonmajor enterprise, internal service and
fiduciary funds presented as supplementary information in the accompanying combining and Individual
fund financial statements as of and for the year ended September 30, 2002, as listed in the table of
contents. We did not audit the financial statements of the Clearwater Downtown Development Board, a
component unit. Those financial statements were audited by other auditors whose report thereon has
been furnished to us, and our opinion, insofar as it relates to the amounts included for the Clearwater
Downtown Development Board, is based solety on the report of the other auditors, These financial
statements are the responsibnity of the City's management. Our responsibility is to express an opinion
on these financial statements based on our audit.
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We conducted our audit in accordance with auditing standards generally accepted In the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States of America, Those standards require that we
plan and perform the audit to obtain reasonable assurance about whether the basic financial statements
are free of material misstatement An audit includes examining, on a test basis. evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audit and the report of other auditors provide a
reasonable basis for our opinions.
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In our opinion, based on our audit and the report of other auditors, the financial statements referred to
above present fairty, in all material respects, the respective financial position of the governmental
activities, the business-type activities, the discretely presented component unit, each major fund, and the
aggregate remaining fund information of the City of Clearwater, Florida as of September 30, 2002, and
the respective changes in financial position and cash nows, where applicable, thereof for the year then
ended in conformity with accounting principles generally accepted in the United States of America. In
addition, in our opinion, the financial statements referred to above present fairly, in all material respects,
the respective financial position of each non major governmental, nonmajor enterprise, internal service.
and fiduciary fund of the City of Clearwater, Florida as of September 30, 2002,. and the respective
changes in financial position and cash flows, where applicable, thereof for the year then ended in
conformity with accounting principles generally accepted In the United States of America.
As discussed In Note 1 to the basic financial statements, effective October 1, 2001, the City adopted
Governmental Accounting Standards Soard Statement (GASS) No. 34, Basic Financial Statements - and
Management's Discussion and Analysis - for State and Local Governments, GASB Statement No. 37,
Basic Financial Statements - and Management's Discussion and Analysis - for State and Local
Governments: Omnibus, and GASB Statement No. 38, Certain Financial Statement Note Disclosures.
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Suite 3850
, : 101 E. Kenrcdy Blvd
. Tampa, rL 33602.5152
; . T 813.229.7201
F 813.223.3015
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Granllhornlon llP
; us Member 01 Gr3ll1 Thornton hlt.rnatlonal
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In accordance with Government Audmt1g Standards, we have also issued a report dated January 10,
2003 on our consideration of the City's internal control over financial reporting and our tests of its
compliance with certain provisions of laws, regulations, contracts and grants. That report Is an integral
part of an audit performed in accordance with Government Auditing Standards and should be read in
conjunction with this report In considering the results of our audit.
The Management's Discussion and Analysis and the pension plan required supplementary information
on pages 3 and 73, respectively, are not a required part of the basic financial statements but are
supplementary Information required by the Governmental Accounting Standards Board. We have.
applied certain limited procedures, which consisted principally of Inquiries of management regarding the
methods of measurement and presentation of the supplementary Information. However, we did not audit
the information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the City's basic financial statements: The introductory section and statistical tables are
presented for purposes of additional analysis and are not a required part of the basic flllancial
statements. The introductory section and statistical tables have not been subjected to the. auditing
procedures applied in the audit of the basic financial statement. and accordingly, we express no opinion
on them.
The accompanying schedule of federal and state financial assistance for the year ended September 3fJ,
2002 Is presented for purposes of additional analysis as required by U.S. Office of Management and
Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Section
215.97, Florida Statutes and Chapter 10.550 rules of the Auditor General, and 15 not a required part of
the basic financial statements. Such information has been subjected to the auditing procedures applied
In the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects,. In
relation to the basic financial statemenls taken as a whole.
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Tampa, Florida
January 10, 2003
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Management's Discussion and Analysis
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Management's DiscussIon and AnalysIs provides the reader with a narrative overview and analysis of
the City's financial activities for the fiscal year ended September 30, 2002. The Management's
DIscussIon and AnalysIs (MD & A) should be read In conjunction with the City's Transmittal LeNer,
which begins on page vii of this report.
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This is the first year the City of Clearwater has presented its basic financIal statements under the new
financial reporting model required by the Governmental Accounting Standards Board (GAS B)
Statement Number 34. Because this new. reporting model changes significantly not only the
presentation of financial data, but also the manner in which the infonnallon is recorded, prior year
comparative Information for this reporting period's MO&A has not been included. This deficiency Is a
transition Issue and prior year comparative infonnalion will be provided In the future, effective with the
fiscal year 2003 MO&A.
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Financial Highlights
The City's assets exceeded its liabilities at the close of fiscal year 2002 by $410.8 million (net assets).
Of this amount, $160.9 million (unrestricted net assets) may be used to meet the government's
ongoing obligations to citizens and creditors.
The City's total net assets Increased by $33.7 million (or 8.9%). The governmental net assets
Increased by $20.2 million (or 12.6%) while the business-type net assets increased by $13.6 million
(or 6.2%).
A significant factor in the Increase In governmental net assets was current year grants and donations
.related to major construction projects of approximately $8.5 mUllon as detailed in the Government-
wide Financial Analysis that follows.
The Increase In business-type net assets is primarily due to rate increases for Stormwater and Water
& Sewer utilities, along with contributions and grants from other governments and developers, as
discussed In the following analysis of business-type activities.
At September 30, 2002, the City's governmental funds reported combIned ending fund balances of
$102.9 million, an increase of $17.6 million (or 20.6%) in comparison with the prior year. Of this
amount, $49.3 million (or 48.0%) is available for spending at the government's discretion (unreselVed
fund balance). .
At September 30,2002, unreserved fund balance for the General Fund was $12.7 million, or 15.8%
of total general fund expenditures.
Total actual revenues for the General Fund exceeded final budgeted revenues by $0.8 million, total
actual expenditures were less than budgeted expenditures. by $2.1 millIon, fora combined savings of
$2.9 million.
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Overview of the Financial Statements
This discussion and analysis (MO&A) Is intended to serve as an introduction to the City of
Clearwater's basIc financial statements. The CIty's basic financial statements are comprised of three
components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to
the financial statements. this report also. contains other supplementary Information In addition to the
basic financial statements themselves.
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Government-Wide Financial Statements
The government-wIde financial statements are the statement of net assets and the statement of
activities. These statements report information ,about the City as a whole usIng accounting methods
similar to those used by private-sector businesses. Emphasis is placed on the net assets of
governmental activities and business-type activities, and the change in net assets. Governmental
activities are principally supported by taxes and Intergovernmental revenues. Governmental activIties
Include most of the City's basic services, including pollee, fire, public works, parks and recreatfon,
and general administration. Business-type activities are Intended to recover all or a sIgnificant
portion of their costs through user fees and charges. The City's water and sewer system, stonnwater
system, gas system, solid waste, recycling, marine, aviation, convention center, and parking system
operations are reported as business-type activities.
. The statement of net assets presents infonnation on all of the City's assets and liabilities,
with the difference between the two reported as' net assets. Over time, increases or
decreases in net assets may serve as a useful Indicator as to whether the financial position of
the City is improving or deteriorating. Net assets are reported In three major categories: 1)
invested in capital assets, net of related debt; 2) restricted; and 3) unrestricted.
. The statement of activities presents information showing how the City's net assets changed
as a result of the year's activiUes. AU changes In net assets are recorded in the period In
which the underlying event takes place, which may differ from the period In which cash Is
received or disbursed. The Statement of Activities displays the expense of the City's various
programs net of related revenues, as well as a separate presentation of revenues available
for general purposes.
The government-wide financial statements include not only the City of Clearwater itself (known as the
primary govemmen~, but also the legally separate Downtown Development Board (DO B). The DDB,
though legally separate, is included as a component unit because it was created by City ordinance
and the City Is thereby able to impose its will on the organization. In addition it Is the opinion of the
City's management that exclusion of the DOB from the City's financial statements would cause the
financial statements 10 be Inc~plete. The Clearwater Redevelopment Agency (CRA), though also
legally separate, Is reported as part of the primary government due to the City Commission serving as
th~ CRA's governing board.
Fund Financial Statements
A fund is a grouping of related accounts that Is used to maintain control over resources that have
been segregated for specific activities or objectives. The fund financial statements provide detailed
information about the City's major funds - not the City as a whole. Fund accounling helps to ensure
and demonstrate compliance with finance-related legal requirements. Based on restrictions on the
use of monies, the City has established many funds that account for the multitude of services
provided to residents_ These fund financial statements focus on the City's most significant funds:
governmental, proprietary, and fiduciary.
Governmental funds
Governmental funds are used to report most of the CIty's basic services. These funds are used to
account for essentially the same functions reported as governmental activities in the government-
wide financial statements. The funds focus on the Inflows and outflows of cumfmt resources and the
balances of spendable resources available at the end of the fiscal year. Such infonnatlon may be
useful In evaluating a government's near-term "financing requirements.
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Because the focus of governmental funds is narrower than that of the government-wide financial
statements, it is useful to compare the Information presented for governmental funds with similar
information presented for governmental activities in the government-wide financial statements. By
doing so, readers may better understand the long-tenn Impact of the government's near-term
financing decisions. Both the governmental fund balance sheet and the governmental fund statement
of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this
comparison between governmental funds and governmental activities.
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The City maintains fourteen Individual governmental funds. Information Is presented separately In the
governmental funds balance sheet and in the governmental funds statement of revenues,
expenditures, and changes In fund balances for the General, Special Development, and Capital
Improvement funds, which are considered to be major funds. Data from the other eleven
governmental funds are combined into a single aggregated presentation. Individual fund data for
each of these nonmajor govemmentalfunds Is provided In the form of combining statements in the
supplementary Information section of this report.
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The City adopts annual appropriated budgets for the General, Special Development, and Community
Redevelopment Agency funds. A budgetary comparison statement has been provided for these
funds to demonstrate budgetary compliance.
Proprietary funds
The City maintains two different types of proprietary funds. Enterprise funds are used to report the
same functions presented as business-type activities in the government-wide financial statements.
The City uses enterprise funds to account for the fiscal activities related to water and sewer, gas,
solid waste and stonnwater utilities, along with recycling, marine, aviation, parking system, and
convention center operations. Internal service funds are an accounting device used to accumulate
and allocate costs internally among the City's various functions. Internal service funds that
predominantly benefit governmental activities are the General Services and Central Insurance funds.
These funds account for the City's building maintenance, custodial services, self-insurance program,
risk management program, and employee group insurance, and have been aggregated and Included
within the governmental activities In the govemment.wlde financial statements. Internal service funds
that predominantly benefit business-type activities (or enterprise funds) are the Garage and
Administrative Services funds. These funds account for the City's vehicle acquisition and
maintenance, and various support activities including data processing, legal, telecommunications,
postal, and printing services. They have been aggregated and included within the business-type
activities In the government-wide financial statements.
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Proprietary funds provide the same type of infonnation as the government-wide financial statements,
only In more detail. The proprietary fund financial statements provide separate Infonnatlon for the
Water and Sewer Utility, Gas Utility, Solid Waste Utility, and Stormwater Utility enterprise funds,
which are considered to be major funds of the City. The remaining five non-major enterprise funds
are combined into a single aggregated presentation In the proprietary fund financial statements.
Simllarly,govemmental activity Internal service funds are aggregated Into a single presentation, as
are business-type activity internal service funds. Individual fund data for the non-major enterprise
funds and the Internal service funds is provided in the form of combining statements In the
supplementary Infonnatlon section of this report.
Fiduciary funds
Fiduciary funds are used to account for resources held for the benefit of parties outside the
government Rduclary funds are not reflected in the government-wide financial statements because
the resources of the fiduciary funds are not available to support the City's own programs. The
accounting used for fiduciary funds Is similar to proprietary funds.
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Notes to the Financial Statements
The notes to the financial statements provide additional Information that is essential for a full
understanding of the Information provided In the government-wide and fund financial statements.
The notes also present certain required supplementary information concerning the City's progress in
funding its obligation to provide pensIon benefits to its employees.
Other Information
In addition to the basic financial statements and accompanying notes, this report also presents
certain required supplementary information concerning the City's progress in funding its obligatlon to
provide pension benefits to its employees.
The combining statements referred to earlier in connection with non.major governmental funds, non-
major enterprise funds, and Internal service funds, are presented immediately following the required
supplementary infonnation.
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Government-Wide Financial Analysis
Because this Is the first year to report under the new standard (GASB Statement 34), comparison to
the prior year Is not feasible. In subsequent years, this section will discuss and analyze significant
differences.
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As noted eartier. net assets may serve over time as a useful indicator of a govemment's financial
position. In the case of the City, assets exceeded liabilities by $410.8 million at the close of. the fiscal
year ended September 30, 2002. The City is able to report positive balances in all three categories of
net assets, both for the govemment as a whole, as well as for its separate govemmental and
business-type activities.
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City of Clearwater, Florida
Net Assets
as of September 3D, 2002
Primary Govemment co~cnen: Unit
earwa er ,
Downtown
Governmental Business-type Development
. ActIviUes Activities Total Board
Asset.
Current and other assets $184,778,262 $150,759,253 $ 335,537,515 $ 349,061
Capital assets 130,450,254 287,720,791 418,171.045 -
Total assets 315,228,516 438.480.044 753.708,560 349.061
Uablllties
Current and other /labilities 52,132.626 . 10,311,507 62,444,133 206,289
Long-tenn debt outstanding: 7,486,413 17,805,983
Due within one year 10,319,570
Due In I11Of9 than one year 75.474.516 187.211.953 262.686,469 .94.179
Total liabilities 1S5.093,555 207.843,030 . 342.936.586 300,468
Net ..Rb:
Invested in capital assets,
net of related debt 63,954,081 93.694,326 147,648,407
Aesbfcted 62,<452,451 39,724,619 102,177,070
Unrestricted 63.728,429 97218069 180946 498 48,593
Total net assets $180,134,961 ::p 230~J-I.Ol4 ~~ 410:111 :975 $ 48,593
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A large portion of the City's net assets (35.9%) reflects Its Investment in capital assets (e.g., land,
land improvements, buildings, and equipment), less any related outstanding debt used to acquire
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lhose assets. The City uses these capital assets to provide services to citizens, and consequently
lhese assets are not available for future spending. Although the City's investment in capital assets is
reported net of related debt, it should be noted that the resources needed to repay this debt must be
provided from other resources, since the capital assets themselves will not be used to liquidate these
liabilities.
An additional portion of the City's. net assets (24.9%) represents resources that are subject to
external restrictions on how they may be used. The remaining balance of unrestricted net assets
($160.9 million) may be used to meet the government's ongoing obligations 10 citizens and creditors.
Changes in Net Assets
The following table reflects the changes in net assets for the year ended September 30, 2002. Since
Ihis is the first year the City has prepared financial statements following the GASB Statement 34
implementation, revenue and expense comparisons to 2001 are not available. In future years, when
prior-year Information is available, a comparative analysis of government-wide data will be presented.
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Changes In Net Assets
For the Year Ended September 30, 2002
Primary Government
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Revenues
Program revenues
Charges for services
Operating grants and contributions
Capital grants and contributions
General revenues:
Property taxes
Sales taxes
Franchise fees and utility taxes
Other taxes
Other
Total revenues
Expenses
General Government
Public Safety
Physical Environment
Transportation
Economic Environment
Human Services
Culture and Recreation
Interest on Long-term Debt
Water and Sewer Utility
Gas Ullllty
Solid Waste Ulility
Stormwater Utility
Other
Total expenses
Increase In net assets before transfers
Transfers
Increase In net assets
Net assets - beginning
Net assets - ending
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Govermental
Activites
$ 17,973,384
6,111,789
9.787.351
30,322,411
14,663.969
25,359,362
9,153.976
5.184,On
118.556,319
11,646,741
45,135,649
2,886,504
10,120,224
3,230,524
555,395
22,230,715
2,962,849
98,768,601
19,787,718
375,877
20, 163,395
169,971,568
$ 180,134,961
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Business-type
Activities
$ 98,504,808
4.300,651
3,083,160
105.888,619
37,470,508
23,573,611
14,397;892
5,458,656
11,057 ,400
91,957,967
13,930,652
(375,6~
13.554,9
217.082,039
$ 230,637,014
Total
$ 116,478,192
6,111 .789
14,088,002
30,322,411
14,663.969
25,359,362
9,153.976
8,267,237
224,444,938
11,646.741
45,135,649
2,886,504
10,120,224
3,230,524
555,395
22,230,715
2,962,849
37.470,508
23,573,611
14,397,892
5,458,556
11 ,057,400
190,726,568
33,71~,370
-
33,718,370
3n,053,605
$ 410,771,975
Component
Unit
Clearwater
Downtown
Development
Board
$
2,882
172,045
68,322
243,249
191,2n
191,277
51,972
-
51,972
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Governmental Activities
The increase in governmental activities net assets totaled $20.2 million, or 60% ot the total Increase
In net assets for the City. Key elements of this increase are as tollows:
. Contribution from Pine lias County of $5 million towards construction of the new Memorial
Causeway Bridge.
. Increase of approximately $3.8 million in the net pension asset due to legally required (per
ordinance governing the plan) Employees' Pension Plan contributions in excess of actuarlally
required contributions.
. Donations and grants for construction of the new Main & North Greenwood branch libraries of
$2.4 million.
. Contributions from Pinellas County and the State of Florida of $0.6 and $0.5 million,
respectively, towards the construqtion of a new community sports complex to include a spring
training stadium for the Philadelphia Phillles major league baseball organization.
The cost ot all Governmental activities this year was $98.7 mUnon. However, as shown on the
Statement of Activities, the amount that the City's taxpayers ultimately financed for these activities
through taxes was only $64,8 million because some of the cost was paid for by those who directly
benefited from the programs ($18.0 million) or by other governments and organizatIons that
subsidized certain programs with grants and contributions ($15.9 million),
II Expenses
. Revenues
Expenses and Program Revenues. Governmental Activities
For the Year Ended September 30. 2002
$50,000,000
$45,000,000
$40,000.000
$35,000,000
$30,000,000
$25,000,000
$20.000.000
$15,000,000
$10,000.000
$5,000,000
$0
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Revenues by Sources - Governmental Activities
For the Year Ended September 30, 2002
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Sales taxes
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Property taxes
27%
Franchise fees and
utility taxes
, 21%
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Capital grants and
contributions
8%
Other taxes
8%
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Operaling ganls and
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Charges lor s9fVlces
15%
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Business-type Activities
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Net assets (or business-type activities increased from $217,082,039 to $230,637,014. This increase
totaled $13.5 million, reflecting a 6.2% Increase in business-type activities net assets and 4()o~ of the
total Increase in net assets for the City.
A major component of this increase was capital grants and contributions received from other
governments and developers in the amounts of $2.3 million and $1.5 million for the water and sewer
and stormwater utilities, respectively. These contributions must be used for capital purposes.
Also contributing to the Increase in business-type activities net assets was a $3.2 million increase in
operating Income over the previous year for the business-type activities of the major proprietary
funds. Additional information regarding this Increase In operating Income Is provided in the
proprietary fund discussion that follows.
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$45,000.000
$40,000.000 .
$35,000,000
$30.000.000
$25,000,000 .
$20,000,000
$15,000.000
$10,000,000
$5,000,000
Expenses and Program Revenue - Business-type Activities
For the Year Ended September 30, 2002
R.>':'<~:': '.~-;'.' '. :.: .'~ ~.r.~"~. ';t';~:'::Yl.~{-"!tr~-:::"l'~~l1i':-:;>.::.~'IM:::-"'-'~ :-'::-:-::;-;;'~'1~"?1
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Water and Gas Uti.ty Solid Waste Stormwater other
Sewer Utility Utility Utility
Revenues by Source - Bualne..-type Activities
For the Year Ended September 30, 2002
Charges for
services
930/.
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Capital grants and
contrlbutla1s
4%
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Financial Analysis of the City's Funds
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As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with flnance-
related legal requirements.
Governmental Funds
The focus of the City's governmental funds is to provide information on near~term inflows, outflows,
and balances of spendable resources. Such information is useful in assessing the City's financing
requirements. In particular, unreserved fund balance may serve as a useful measure of a
government's net resources available for spending at the end of the fiscal year. The City reports the
General FUnd, Special Deve.lopment Fund, and Capital Improvement Fund as major governmental
funds.
The City's govemmental funds for the year ended September 30, 2002, reflect a combined fund
balance of $102.9 million, an increase of $17.6 million in comparison with the prior year. A total of
$53.5 million, or 52%, of this represents unreserved fund balance, which is available for spending at
the government's discretion. The remainder of the fund balance is reserved to Indicate that it is not
available for new spending because it has already been committed 1) to liquidate construction
contracts and purchase orders of the prior period ($35.0 million); 2) to pay debt service ($6.1 million);
3) for advances due from other funds ($2.0 million); or 4) for specific program purposes per grant
restrictions ($6.2 million).
The General Fund Is the chief operating fund of the City. At September 30, 2002, unreserved fund
balance of the General Fund totaled $12.7 million, with the remainder of the $15.7 million In fund
balance riJserved to Indicate it has already been committed for purchase orders of the prior period
($1.0 million) and for advances due from other funds ($2.0 mllllon). As a measure of the general
fund's liquidity It is useful to compare unreserved fund balance to total fund expenditures.
Unreserved fund balance represents 15.7% of total general fund expenditures (before transfers) for
the current fiscal year.
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The fund balance of the City's General Fund Increased by $2.8 million during the current fiscal year.
This Increase was the composite result of actual revenues for the General Fund exceeding final
budgeted revenues by $0.8 million and total actual expenditures less than budgeted expenditures by
$2.1 million. The favorable results were spread across numerous revenue and expenditure
categories.
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The fund balance of the Special Development Fund decreased from $8.2 million to $6.9 million during
the current fiscal year. A key factor in the decrease was a decrease in interest eamings on
Investments of approximately $1.2 million. This decrease was a result of a significant decrease in
interest rates during the current fiscal year, as well as a decrease in cash balances In the Special
Development Fund.
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The Capital Improvement Fund has a total fund balance of approximately $34.6 million. The fund had
a minimal current year increase In fund balance' of $0.1 million
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Proprietary Funds
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The City's proprietary funds provide the same'type of information found in the government.wide
financial statements, but in more detail. The City reports the Water and Sewer Utility Fund, the Gas
Utility Fund, the Solid Waste Utility Fund, and the Stormwater Utility fund as major funds.
The Water and Sewer Utility Fund realized a $2.4 million Increase In net assets. Operating revenues
Increased 5.9% over the previous year, partially offset by a 3.8% Increase In operating expenses. A
rate increase effective October 1, 2001 contributed to the increase In operating revenues. A
significant contribution to the Increase In net assets was receipt of $2.3 million in capital grants and
contributions that must be used for capital purposes.
The Gas Utility Fund realized a $2.6 million increase in net assets. Operating revenues actually
decreased by 12.2% over the prior year due to depressed gas prices, but a 16.0% decrease In
operating expenses resulted in a $0.5 million Improvement in operating IncomE! over the prior year.
The Solid Waste Utility Fund realized a $1.5 million increase in net assets. Operating revenues
Increased by 2.0% while operating expenses decreased by 0.2%.
The Stormwater Utility Fund realized an Increase In net assets of approximately $4.1 million.
Operating revenues increased by 33.9% as a result of a 4.4% rate increase effective October 1,
2001, and an additional 35.0% rate Increase effective January 1, 2002. The Increase In operating
revenues was partially offset by a 5.4% increase In operating expenses.
Unrestricted net assets and changes in net assets 9' the proprietary funds for the current fiscal year
follow:
Fund
Water and Sewer Utility
Gas Utility
Solid Waste Utility
Stormwater Utility
Other funds
Totals
Unrestricted
Net Assets
$19,788,491
9,498,817
6,426,639
7,888,733
10,873,333
$54,476,013
Change in
Net Assets
$ 2,401,311
2,623,123
1,517,507
4,066,075
2.352,206
$12,960,222
General Fund Budgetary Highlights
Differences between the original budget for General Fund expenditures and the .final amended
budget were relatively minor ($149,500 decrease). Key elements of this decrease are as follows:
· $102,612 Increase In general government budgeted expenditures. primarily due to an
Increase in outside legal cotllSel fees.
.. $214,830 decrease In public safety budgeted expenditures, prlm~ly due to approximately
$200,000 of Fire Department budget that was moved to the Interfund transfer out category.
ThIs budget transfer was made to provide capital Improvement project funding for the
purchase of land for a proposed fire station.
· Total actual revenues for the General Fund exceeded final budgeted revenues by $0.8 million
and total actual expenditures were less than budgeted expenditures by $2.1 million. The
bUdget savings occurred over numerous revenue and expenditure categories.
12
Capital Assets
Capital assets Include land, buildings and building Improvements, improvements other than buildings,
and machinery and equipment. Capital assets also include Infrastructure assets added during the
current fiscaJ year only. Infrastruoture assets aoquired prior to fiscal 2002 will be added when the City
retroactively Implements the Infrastruoture portion of the new financial reporting model in fiscal 2006.
The Infrastructure asset oategory Includes long-lived capital assets, typically stationary in nature,
such as roads, sidewalks, and bridges. At September 30, 2002, the City had Investments In capital
assets totaling $418,171 ,045 (net of accumulated depreciation).
City of Clearwater, Florida
Capital Assets.
Septe~r30,2002
Net capital assets for the City's governmental activities increased from $1,16.7 million to $130.5
million, reflecting an Increase of $13.8 mllrlOf1 for the ourrent fiscal year. Key oomponents of this
increase include:
. Acquisition of land in the amount of $3.9 million for a new community sports complex to
Include a spring training stadium for the Philadelphia Phillies major league baseball
organization.
· Expenditures of $3.5 million towards construct/on of a new North Greenwood recreation
center and aquatics complex, currently classified as construction in progress.
· Expenditures of $3.7 million towards construction of a new main library, currently classified
as construction in progress.
· A total of $1.2 million in construction in progress expenditures towards the construction of a
new Sand Key flre station.
. A total of $1.0 million In construotion in progr~s expenditures towards completion of a new
North Greenwood branch library.
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Capital Asset and Debt Administration
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Activities
$ 40,913,067
27,638,084
37,443,985
11,828,096
1,076,247
11 ;550. n5
$ 130,450,254
Land
Buildings
Improvements Other than Buildings
Maohlnery and Equipment
Infrastructure
Construction In progress
Total
· Net of accumulated deprecIation
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Business-type
ActMtJes
$ 19,878,550
15,967,876
188,580,263
16,088,995
47,205,107
$ 287,720,791
Total
$ 60,791,617
43,605,960
226,024,248
27.917,091
1.076.247
58,755,882
$ 418,171,045
Net capital ass~ts for the CIty's business-type activities Increased by $33.1 million from $254.6 million
to $287.7 mllRon during the current fiscal yeai'. A k,ey component was an Inorease of $21.8 million In
water and sewer system construction In progress, primarily due to system Improvements funded from
the Water and Sewer Revenue Bonds, 8erles'2002. These Improvements Include expansion of the
reclaimed water program; continued renewal and replacement as needed of the water, wastewater
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collection, and water pollution control systems; and upgrading of the water pollution control system to
meet regulatory requirements.
Additional information on the City's capital assets can be found in Note III.C on pages 51-53 of this
report.
Long-term debt
The City's total long-term debt increased by $98.2 million, from $193.7 million to $291.9 million, or an
increase of 51 % for the current fiscal year. Key factors in this increase included:
. Current year issuance of $58,680,000 Water and Sewer Revenue Bonds, Series 2002, to pay
for the costs of expansion of the CIty's water and sewer system.
. Issuance during the current year of $24,685,000 Stormwater Revenue Bonds, Series 2002,
to pay for the costs of capita' Improvements to the City's stormwater management system.
. Current year issuance of $14,810,000 Spring Training Facility Revenue Bonds, Series 2002,
to finance a portion of the cost of the acquisition, construction, rehabilitation, and equipping of
a community sports complex and spring training facility to be used by the Philadelphia
Phlllles major league baseball team.
The City's bonded debt as of September 30, 2002, consists entirely of revenue bonds (secured solely
by specified revenue sources) with no general obligation debt or special assessment debt
outstanding. Governmental activities revenue bonds totaled $73.2 million while business-type
activities totaled $185.7 million.
During the current fiscal year the City Issued Improvement Revenue Refunding Bonds, Series 2001,
to refinance previously outstanding special revenue bonds that primarily financed governmental
activities. The result is expected to be a decrease in fulure debt service payments of $958,000.
All revenue bond issues of the City have been rated either AAA by Standard & Poor's or Fitch, or Aaa
by Moody's.
The City's Charter limits legal indebtedness to twenty percent of the assessed valuation of non-
exempt real estate. The current debt IImitatlon is in excess of $1.0 billion, which is significantly in
excess of the City's legal Indebtedness at September 30. 2002.
Additional information on the City's long-term debt can be found in Note III (F) on pages 57.61 of this
report.
Economic Factors And Year 2003 Budgets and Rates
Factors considered in preparing the City of Clearwater's budget for fIScal year 2003 included:
. The unemployment rate for the Tampa Bay metropolitan area for September 2002 was 4.4%,
an Increase of 0.4% from the 4.00k rate for September 2001. The national rate for
September 2002 was 5.6% versus 4.9% for September 2001.
. Total taxable assessed values for the City of Clearwater Increased 9.2% for fiscal 2002.
. A Florida Power Company rate decrease of 9% effective May 2002 will result In an estimated
$1 million decrease in City franchise fee and utility tax revenues for fiscal 2003.
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· Health insurance cost increases for Cltyempfoyees are expected to Impact the fiscal 2003
budget by over $1.5 million, of which approximately $741,000 impacts the General Fund.
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The fiscal 2003 City property tax millage was Increased from 5.5032 mills to 5.753 mills, an increase
of .2498 mills or 4.5%. This increase will generate an estimated $1.3 million In additional properly tax
revenues for fiscal 2003, which wilJ assist In offsetting the anticipated loss IIi franchise fees and utility
tax revenues discussed previously. Budgeted Water and Sewer utility revenues for 2003 reflect a 7%
rate Increase effective January 1, 2003, while fiscal 2003 budgeted Stormwater utility revenues reflect
a 17% rate Increase effective October 1, 2002.
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Contacting the City's Financial Management
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This financial report is designed to provide a general overview of the City's finances for all those with
an interest In its finances and to show the City's accountability for the money it receives. Questions
conceming any of the information provided In this report or requests for additional financiaJ
Information should be addressed to The City of Clearwater, Finance Department, 100 S. Myrtle
Avenue, Clearwater, Florida 33756-5520.
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Basic Financial Statements
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City of Clearwater, Florida . . ,I
Statement of Net Assets .i
September 3D, 2002 " i I
Primary Government Component Unit ,I J I
Clearwater I
1
Downtown : \ I
Governmental Business~type Development
Activities Activities Total Board , ; I
ASSETS I
Cash and cash equivalents $ 137,996,235 $ 32,031,063 $ 170,027,298 $ 143,104 !~
Restricted cash and investments 6,090,652 6,090,652 I
j ~ J
Investments 864,499 864,499
Total receivables (net) 44,709,170 8,080,242 52,789,412 205,957, , , ,
Internal balances (21,351,074) 8,840,232 (12,510,842) ( , 1
Due from other governments 5,232,453 535,595 5,768,048 I ;
Prepaid items 1,539,086 4,891 l,543,9n I
Inventories 17,430 1,241,106 1,258,536 , , I
I
Deferred charges 644,901 1,739,727 2,384,628 : : I
I (
Net pension asset 15,125,562 6,320,420 21 ,445,982 ' I
, .
Restricted assets: I
Cash and cash equivalents 70,346,294 70,346,294 ' ,
, I I
Investments 2,926,200 2,926,200
Internal balances 12,510,842 12,510,842 . i I
Other 91,989 . 91,989
Capital assets: ; I I
Land 40,913,067 19,878,550 60,791,617 ' I I
Buildings 27,638,084 15,967,876 43,605,960 . ,
Improvements other than buildings 37,443,985 188,580,263 226,024,248 ,
Machinery and equipment 11,828,096 16,088,995 27,917,091 : I j
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Infrastructure 1,076,247 1,076,247 t
; I
Construction in progress 11,550,n5 47,205,107 58,755.882
Total assets 315,228,516 438,480,044 753,708.560 349,061 ; I f
LIABILITIES
Accounts payable and other current liabilities 4.243,455 3,122.335 7,365,790 332 . J I
I
Accrued liabilities 1,183,801 507,475 1,691,276 I
Accrued interest payable 772,803 91,383 864,186 ' I
Due to other governments 526.583 526,583 . j I
Deposits 5,342 126,039 131,381 I
Deferred revenue and liens 33,960,364 15,392 33,975,756 205,957 11
Payable fr~m restricted assets:
ConstrucUon contracts payable 1,394,554 1,394,554 . i
Accrued Interest payable 1,232,234 1,232,234
Customers deposits 3,822,095 3,822,095 , J
NOfl:CUrrent liabilities due within one year:
Compensated absences 575,889 174,684 750,573 i
, ,
Loans and leases payable 1,314,392 3,076,018 4,390,410 7,848
Revenue bonds payable 5,596,132 7,068,868 12,665,000
long.term debt and lIablliUes: I J
Compensated absences 6,243,966 1,690,647 6,834,613
Loans and leases payable 2,624,m 7,016,060 9,640,837 86,331
Revenue bonds payable 61,605,773 178,605,246 246,211,019 I \
Claims payable 11 ,440,278 11,440,278 ; j
T otalliablltlel 135,093,555 207,843,030 342,936,585 300,468
NET ASSETS i I
tnvested In capital assets (net of related debt) 53,954,081 93,694.326 147,648,407 ' .
i I
Restricted for:
Capital projects 29,706,614 6,137,391 35,844,005
Debt service 6,074,104 12,748,561 18,822,665 ' \
Renewal and replacement 14,518,247 14,518,247 I
Employees' pension benetits 15,125,662 6,320,420 21,445,982 : {
Other purposes 11,546,171 11,546,171 , !
Unrestricted 63,728,429 97,218.069 160,946,498 48,693
/
Total net assets $ 180,134,961 $ 230,637,014 S 410,771,975 $ 48,593 1 i
The notes to the financial statements ara an Integral part ot this statement.
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City of Clearwater, Florida i
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Balance Sheet I
Governmental Funds 1 \ i
September 30, 2002 j
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Special Capital Other Totals I
General Development Improvement Governmental Governmental ! 1 i
Fund ,
Fund Fund Funds Funds I
ASSETS ' J i
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Cash on hand and In banks $ 20,680 $ $ $ 100 $ 20.780 1
Equity In pooled cash and Inveslments 11,238,047 5,270,645 63,341,349 37.747.027 117,597.068 11 I
1
Receivables (net where applicable. of allowances ; ) .
I
for estimated uncollectible amounts):
Accounts and contracts 306,523 306,523 ' 1
. I
Mortgages, notes and other loans 10,000 ,8,905,947 8,915,947 I j i
Improvement liens 86,801 86,801 I
Rehabilitallon advances 82,626 82,626 : 1 I
Property taxes 31.548,425 2,013,000 33,561,425 . j I
Other 1,454,648 180,000 109,202 1,743,850 JJ
I
Due from other funds (deficit in pooled cash) 264.514 264.514 I
Due from other governmental enlllles 2,337,360 2,125,137 769,956 5,232,453 ; ! i
Investments 864,499 864,499 I j i
Land held for resale 998,342 998,342 I
Inventories. at cost 17,430 17,430 ~ , I
Advances to other funds 2,000,000 2,000,000 I i
Total assets $ 48.923,113 $ 9,418,782 $ 63,872.664 $ 49,4n,699 $ 171,692.258 : , ,
!
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L1ABILmES ~ '!
Accounts and contracts payable $ 162,454 $ $ 1,186,483 $ 1.657,907 $ 3,006,844 i I
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Accrued payroll 1.121,359 26,911 1,148,270
Accrued Interest payable 28,032 28.032 .'1
Due to other funds 24.925 28,016,807 134,966 28,176.698
Due to other funds (deficit tn pooled cash) 264,514 264,514 ' ,
Due to other governmental entities 3,663 522,548 372 526,583
Deposits 5,342 5,342 . ,
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Construction escrows 1,093,924 1,093,924 ...1
Defened revenue 31,852,141 2,013,000 95,223 33,960,364
Defened assessment liens 86,801 86,801 . I
Advances from other funds 49,850 492,524 542.374 ' i
T otalliabHltIes 33.219,734 2,535,548 29,290,091 3,794,373 68,839,746 ; I
FUND BALANCES ' ,
Reserved for: ' \
Enc:umbfance8 1,019,607 14,369,954 19,576.986 34,966.547 .J
Debt servlce requlrementl 6,074,104 6,074,104 , I
Advancn and notes 2,000,000 10,000 8,481,986 10,491,988 1
Grant programs 2,016,840 2,016,840 I
Unreserved, reported In:
General fund 12,683,n2 12,683,n2 : I
SpecIal revenue funds 6,873,234 4,462,750 11,335,984 11
Debt lervlce funds 1,802.529 1.802,529
Capital profects funde 20,212,619 3,268,131 23,4&0,750 ;, )
Total fund balances 15,703,379 6,883,234 34,582,573 45.683,326 102,852,512
TotalllabillUes and fund balances $ 48,923,113 $ 9,418,782 $ 63,872.664 $ 49,4n,699 $ 171,692,258
The notes to Ihe IlnMCllIlSl4temonls are an Integral part of this statement. : I
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City of Clearwater, FlorIda
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Assets
September 30, 2002
Total fund balances of governmental funds
Capital assets used In govemmental activities are not financial resources,therefore,
are not reported in the funds. The cost of the assets Is $177,284,898, and the
accumulated deprec/allon is $46,834,644.
Total capital assets for governmental acllvllles
Less: Land Included in governmental funds as "Land Held for Resale"
The net pension asset related to govemmental activities does not represent financial
resources and is not reported In the funds. .
Accrued general long-term debt Interest expenses are not financial uses and, therefore,
are not reported In the funds. .
Special assessment liens receivable are not financial resources in the current period
and, therefore, are reported as deferred revenues In the funds.
The assets and liabilities of the General Services and Central Insurance internal
service funds (funds used to charge the costs of certain activities to Individual
funds) are Included in the governmental activities in the statement of net assets.
Net assets of General Services and Central Insurance Internal service funds
Less: Capital assets included In total governmental capital assets above
Less: Net pension asset Included in total governmental net pensIon asset above
Add: Capital lease purchases payable Included in total governmental below
Add: Compensated absences Included In total governmental below
Add: Adjustment to reflect the consolidation of Internal service fund activities,
related to enterprise funds
Interest revenues are not recognized In the current period because the resources are
not available, thereforo, are not reported In the funds.
Long-term lIablUtJes, Including bonds payable. are not due and payable In the current
period and accordingly are not reported In the funds.
Long.term lIabMlties at year-end consist of:
Bonds payable
Less: Deferred charge on refundng (to be amortized 8S Interest expense)
Less: Deferred charge for Issuance costs (to be amortized over life of debt)
Less: Issuance discount (to be amortized as interest exponse)
Add: Issuance premium (to be amortized as a reduction of Interest expense)
Capital lease purct1ases payable
Compensated absences '
Total net assets 01 govE!rnmental activities
Tho notes to the financial statements are an Integral part of this statement.
21
$ 130,450,254
(998,342)
15,437,496
(177,618)
(394.351)
25.682
97,313
678,453
(72,510,958)
414,182
644,901
46,321
~~,.'61,460)
3,939,169)
5,819.855)
$ 102,852.512
129,451,912
15,125,562
(744,771)
86,801
15,666,975
11,998
(82,316,028)
$180,134,961
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City of Clearwater, Florida I
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Statement of Revenues, Expenditures, and Changes In Fund Balances ! . i
Governmental Funds I
For the Year Ended September 30,2002 : ~
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Special Capital Other Total I
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General Development Improvement Governmental Governmental , 1
Fund Fund Fund Funds Funds I
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REVENUES I
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Taxes: , I i
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Property taxes S 28,420,086 $ ',902,325 $ $ $ 30.322,411 ! ; I
Franchise fees 7,086,842 7,086,842 ~ ;
I
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Utility taxes 1 0,402, 178 10,402,178 I
L~enses,pennj~,andfees 3,283,304 704,659 3,987.963 1l
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Intergovemmental: ' : I
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Sales tax 6,206,416 8,457,553 14,663,969 i
CommunicaUons services tax 7,870,342 7,870,342 I
Other Intergovernmental 8,380,145 1,426,076 1 ,008,291 10,859,673 21,674,185 : 1 I
Charges for services 9,852,250 ~76,714 10,428.964 ; } I
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FlOes and forfeitures 1,763,054 500,987 2,264,041
Interest Income 763,919 1,297,822 30,796 1.717,<176 3,810,013 . I j
Miscellaneous 828.978 2,237,727 1,899.228 4.965,933 ' ,
; i I
Total revenues 84.857.514 13.788,435 3.276.814 15,554,078 117,476,841 1
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EXPENDITURES ' I
Current: ' I
General government 9,533.157 852,957 159,515 10,545,629 ,
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Public safety 43,053,544 394,755 2,472.483 45,920,782 . I f
Physical environment 1,869,546 42,721 927,341 2,839.608 I I
Transportation 5,857,424 3,083,324 8,940,748 " i I
Economic environment ',4n,983 143,475 1,646,730 3.268,188
Human servIces 438,732 126,936 565,668 ~ 1 I
,Culture and recreation 18,260,390 1.027,862 1.451,761 20,740,013 ! .
. I i
Debt service:
PrincIpal 1.751,269 1,751,269 : 1 I
Interest & fIScal charges 2.461.198 2.461,198 I
Bond Issuance costs 358,998 358,996 I i
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Capital outlay 11.858.112 7.936,162 19.594.274 .
Total expenditures 80,490.776 17 ,203.206 19.292.391 116.986.373 . \ f
. Excess (deficiency) of revenues ,
over I (under) expenditures 4.366.738 13.788,435 (13.926.392) (3.736,313) 490.468 . .
OTHER FINANCING SOURCES (USES) . \
Transfers in 4,628.833 100,000 13.905,420 4,689,417 23,323.770 : ;
. ,
Transfers out (6,163,998) (15,216,358) (412.340) (1.387.833) (23.180.328)
Long term debt Issued 553.417 14,810,000 15.363,417 ~ I
Proceeds of refining bonds 11,304S.. 11,345.499 " j
Premium (dlscourt) on revenue bonds Issued 480,884 480.884
Payment to refunded bond escrow agent (10.270.682) (10,270,682)
'Total other f1nanci'lg sources (uses) (1,535,065) ,(15.116.358) 14.048.497 19,687.485 17.082,559 \
: I
Net change i'l f1.nj balances 2.831.673 (1,327,923) 120,105 15,929,172 17.553,027 j j
Fund balances - beginning, as restated (see Note II - C) 12,871,706 8.211.157 34.462.468 29.754.154 85,299.485 ~ I
I i I
Fund balances. ending $ 15.703,379 $ 6,883.234 $ 34.582.573 $ 45,683.326 $ 102,852,512 I
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The notes to the financial statements are an Integral part 01 this statement. , 1
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City of Clearwater, Florida
ReconclJlatlon of the Statement of Revenues, expenditures, and
Changes In Fund Balances of Governmental Funds
to the Statement of AcUvltJe.s
For the Year Ended September 30, 2002
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City of Clearwater, Florida
Statement of Revenues, expenditures, and Changes In Fund Balances -
Budget and Actual (Non-GAAP Budgetary Basis)
Generat Fund .'~
For the Year Ended September 30, 2002
Variance with
Budgeted Amounts FInal BUdget
Actual Positive : I
Original Final Amounts (Negative)
REVENUES . I
Taxes $ 45,n2,600 $ 46,078,360 $ 45,909,106 $ (169,254)
LIcenses, permits, and fees 3,182,360 3,132.360 3,283,304 150,944 . 1
. ,
Intergovernmental 21,549,590 21,628,240 22,456,903 828,663 ,
Charges for services 9,739,320 9,676,760 9,852,250 175,490 I'
Fines and forfeitures 1,595,880 1,741,640 1,763,054 21,414
Interest income 882,760 882.760 763,919 (118.841) , I
Miscellaneous 891.340 956.470 828.978 (127.492) ; ;
Total revenues, 83,613,850 84,096.590 84,857,514 760.924 . .
EXPENDITURES
Current: q
General government . I
, .
City Commission 267,400 250,780 217,879 32,901 I .
City Manager 683.380 683.380 641,122 42,258
Legal., 1,259,130 1,437,120 1,421,575 15,545 ; I
C~ Clerk ' , 1.155,280 1,125,280 932,979 192,301
P IIc Communications and Marketing 885,600 880,850 752,687 128,163 ,
Flll8nce 1.923,700 1,883,780 1.787,562 96,218 . i
Human Resources 1,096,250 1,163,530 1,114,728 48,804
Non-Departmental 1.305,280 1,305,200 1.293,975 11.225 ; I
Publio Works Administration 71,475 71,547 69.341 2,206 , I
Planning 1,043,070 998,070 897,683 100,387 ; I
Internal Audit 122,880 114,600 101,484 13,116
, OffIce of Management & Budget 267,020 269,020 272,114 (3,094)
Total general goV(lmment 10,080.545 10.183,157 9,503,127 680,030 : , I
Public safety ; i I
Police 26,973,660 26.973.480 26.424,346 549,134 J
Fire 14.378,900 14,164,250 13,973,671 190,579 ,
Development Services 2.686.287 2,686,287 2,596,272 90,015 ) 1 I
Total publ1c salety 44.038,847 43.824.017 42.994,289 829.728
Physlca'env/ronment
Public Works Adninlsltation 1,929.617 1.931.747 1.672,179 59.568
Total physical environment 1,929.817 1.931,747 1.872,179 59,568 . }
TransportaUon i
. I
Public Works Adminlslration 6.046,257 6.052,306 5,865.674 . 186,632
Tolal transportation 6.<W6.257 6,052,306 5.865.674 186,632
Economic environment
Economic Development 1,476,470 1,394,110 1,340.806 53,304 J
, ,
Development Services 160.734 160,733 155.346 5,385
Tala' economic environment 1.637.204 1.554,843 1.496.154 58,689
Hunwn ..rvlce.
HlJllan relations 488,430 488,430 448,703 39.727
Total hlll\an sorvlces 488,430 488,430 448.703 39.727
Culture and recreation : I
Paries and Recreation 14,126,020 14,158,120 13,968,172 189,948
LIbrary 3,891,890 ' 3,891,890 3,808,106 82,784 I I
Mame 492.390 497,390 500.600 13,110)
Total culture and AlCf8allon 18.510.300 18.547,oCOO 18.2n,778 269.622 I
Tolal expendtures (budgetary basis) 82,731,400 82,581.900 80,457,904 2.123,996
Excess 01 revenues over expenditures (budgetary basis) 882.450 1.514.690 4,399,810 2,884.920 lJ
OTHER FINANCING SOURCES (USES) ~ \
Transfers In . 4.382,790 4,442,390 4,628,931 188,541
Transfers out (5.578.240) (6.335,850) (8,163,998) 171.852 1 I
I .
Total other financing lOurces (uses) (budgetary basis) (1.195,450) (1.893.460) (1.535.087) 358.393 1 I
Exces. (deflclency) 01 revenues and other financing sources (313,000)
over expendItures and other financing uses (budgetary basis) (378,nO) , 2,864,543 3,243.313 ! I
Encumbered purchase orders, beginning of year (1.052,477) (1,052,417) , I
Encumbered purchase orders, end 01 year 1,019,607 1,019,607 \ j
Excess (deficiency) 01 revenues and other flnancln~ sources (313,000) (378.770) ~ !
over expenditures and other Ilnancing uses (GAA basis)' 2,831.673 3,210,443 i
Fund balances. beginning, as restated (see Note II . C) 12.871,706 12,871.706 12,8711706 i j
Fund balances. ending $ 12,558.706 $ 12.492,938 $ 15,703.319 $ 3.210.443
Tho notes to the Ilnanclal statements are an Integral part 01 this statement
24 . .
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City of Clearwater, Florida
Statement of Rovenue., Expenditures, Bnd Changes In Fund Balances -
Budgot and Actual (GAAP Basis)
Special Development Fund
For the Vear Ended September 3D, 2002
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ASSETS
Currant assets:
Cash on hand and In banks
Equity In poolod cash and InvoSlmonts
Accounts and contracts recelvablo:
SWed
UnblRed charges estlmaled
Less: A1lowa~ca fO( uncollectablo accounts
Total receivables, net
Due from other funds
Due from other govemmontal onUlIos
Inventortes, at cost
Prepaid expenses and other assets
Total current assets
Noncurrent assets:
Restricted:
Equity In pooled cash and Investments
Interest receIvable
Due from other funds
Investments
Other
Deferred charges
Advances to oth&t funds
Net pension asset
Capllal assets:
Land and other nondepreciable assell
Capital assets, net of accumulated depreciation
Total noncurrent assets
Total assets
The notes to tho financial statements 8re an Integral part 01 this ,latemenL
59,121,612
3.547,576
2,916,713
86,196
981,123
1,921,307
41,310,216
138,118,555
248.003,298
28&,4&8,189
26
1,644,280
311,888
1,0.....652
327,285
33,988.772
37.318,877
47,385,694
764,321
1.113,370
1,041,913
2.459,795
5,379.399
15,238,060
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Funds Governmental Buslness.type
Activities - Activities .
n Slormwater Other Intemal ServIce Internal Service
Utility Funds Total FUnds Funds
f": $ $ 22,967 $ 24,267 $ $ 1,900
3.607.652 4,361,312 27,199.652 20,378,387 4,605,244
f : 392,898 264,910 4,713,631
l.l 557,500 134.325 3,755.395
950,398 399,235 8,469,026
r~ (21.194) (3,780) (388.784)
1 : 929.204 395.455 8.080.242
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1,073,346 3.670.911 14,700.925 932.160 474,847
r ~ 103,498 535,595
U 26,409 1,055,531 ": 185,575,
.' 4.891 1,539,086
, " 5,610.202 8,580.552 51,601,103 22,849,633 5,467.566
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f ' 14,890,360 16,373 76,436.946
tI 5,793
1,463,266 7,500,000 12.510,842
9,487 2,926,200
! f 88,198
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3,757,385
fl 387,321 511.415 4,978,065 394,351 1,342,355
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21,675,080 2,032,482 68.388,976 696,681 I
[,[ 15.964,139 15,488.765 206,018.026 , 177.618 14,619.108
54,826,882 25.558,522 371,082.878 4.329,364 16.683,937
60,437,084 34,137.074 422,884,081 27,178,987 22,131,603
L1 (Ccnk1ued)
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City of Clearwater, Florida
Statement of Net Assets (Continued)
Proprietary Funds
September 30, 2002
LIABILITIES
Current liabilities:
Accounts and contracts payable
Accrued payroll
Accrued interest payable
Accrued compensated absences
Due to other funds
Deposits
Deferred revenue and liens
Current portion of long-term liabilities:
Revenue bonds
Notes, loan pool agreement and acquisition conlracts
Total current Rabllltles (payable from current assets)
Current liabilities (payable from restricted assets):
Construction contracts payable
Accrued Interest payable
Notes, loan pool agreement and acqulsitlon contracts
Current portion of long-term liabilities, revenue bonds
Customer deposits
Total current llabllllles payable from restricted assets
Total current liabilities
Noncurrent lIablllUes:
Revenue bonds (net of unamortized discounts and
delerred amount on refunding)
Notes, loan pool agreement and acquisition contracts
Advances from other funds
Claims payable
Total non-current liabilities
Totalllabllltles
Net assets:
Invested in capital assets (net of related debt)
Restricted for:
Revenue bond debt service and sinking fund requirements
Revenue bond renewal and replacement requirements
Capital projects
Water and sewer Impact feas
Employees' pension benefits
Unrestricted
Total net assets $
Business-type
Enterprise
Water
and Sewer
Utility
Gas
Utility
Solid Waste
Utility
1,024,376
152,440
56,703
, 455,817
832,581
80,672
34,680
298.343
370,647
82,474
354,560
89,349
905,000 577,500
112,468 39,371
2,706,804 1,823,776 936,401
918,656
835,616 122,661 22,383
4,525,000 52,500
1,888,655 1,169.119 764,321
8,167,927 1,344,260 786,704
10,874,731 3.168,056 1,723,105
Adjustment to renect, the consolidation of Intemal service fund activities related to enterprise funds.
Net assets of business-type acl/vlUes
The notes to the ,financial statements are an integral part of this statement.
28
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City of Clearwater, Florida
Statement of Revenues, Expenses, and Changes in Fund Net Assets
Propl'ietary Funds
For the Year Ended September 3D, 2002
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Operating revenun:
. Sales to customers
Servlco charges to customers
User charges to CUSIo~1S
BIllings to depal1ments
Rentals
Total op8f'8ting revenues
Business-type
Enterprise
Water
and Sewer Gas Solid Waste
UUllty UtIlity UUllty
$ 37,172,766 $ 25,028,261 $ 15,818,099
476,818 1,495,353 103,825
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37,649,584 26,523,614 15.921,924
6.971,988 3.719,794 4,306,332
7,616,678 10.639,840 9,050
1,881,033 170,862 328,626
673,673 462,294 2,702,492
1,581,141 70,603 56,768
45 4,691,486
4,935,681 1,2n,342 220,499
4,923,010 1,811,020 1,162,nO
1,180,074 . 88,831 14,244
1,112,239 5,093
111,940 137,953 64,228
6,007
243,800 101,780 120,600
2,675,400 228,836 68,171
52.388 1,750
268,730 100,800 . 38,426
384,900 297,890 129,580
1.sa,544
139,522 101,037 <t3,619
6,004,38e 3,771,305 475,509
33,4&7,570 21,823,005 13.853,832
4,162.014 4,600,609 1,968,392
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Operating opens..:
Personal services
Purchases fa( resale
Operatlng materials and supplies
Transportation
UUlIty selVloe
Dumping charges
Depreciation
In1erfund administrative charges
Other current charges:
Professional fees
Advet1IsIng
Communications
PrIr1tIng and binding
Insurance
Repairs and maintenance
Renlals
Mlsc8Ianeous
DAta prooessilg charges
Texes
Provtalon tor estimated uncoIIectable aocounts.
Total oller CI.ItNf1l charges
TocaI op<<aUng 8xpeN8S
Operating Income (loss)
The nales to the IlliancIal statements are an In&egral part of "Is statement.
30
, "
City of Clearwater, Florida
Statement of Revenues, Expenses, and Changes In Fund Net Assets (Continued)
Proprietary Funds
For the Year Ended September 30, 2002
Nonoperating revenues (expenses):
EamW'igs on investments
Interest expense
AmortIzAtlon 01 bond discount and Issue c:osts
Gain (Joss) on exchange 01 assets
Other
Total nonoperating revenue (expenses)
IncOme belore contributions and transfers
CapitaJ grants and contributions
Transfers In
Transfers oul
Changes In net assets
Total net assets. beginning, as previously reported,
before adjustment lor BASS 34 implementation
Adjustment for implementation of BASB 34 - erlll1lnallon
of contributed capital
Adiustment lor ~ In accounting ptlnclple . change
In capitalization 1hresholds
Total net assets. begkvllng, IS restated
Total net assets . ending
Business-type
enterprise
Water
and Sewer
UUIlIy
Gas
UUllty
Solid Waste
Utility
349,693
(78,621)
(229,288)
167,671
209,455
2,1n,847
(660,340)
(660,340)
1,517,507
12,028,840
74,424,378 691,537 220,454
(269,043) (361,346) (1,123,409)
130,280,363 15,130,978 11,123,885
$ 132,891.814 S 17,754,101 $ 12,841,392
The notes to the IInandal statements are an Integral part ol1h1s statement.
1,713,005
(3,576,551)
(282,822)
(45,669)
89,423 '
(2.102,614)
2,059,.00
2,311,690
327,827
(1,473,183)
(121,886)
(19,041)
366,635
(919,648)
3,680,961
(1.969.779)
341,911
2.401,311
(1,057,838)
(1.057,838)
2,623.123
Adjusiment to relect !he consolktatlon of kmImaIleMce fund adtvl1l81 related to enterprise funds.
Change In net a.ets 01 bUSIness-type ac;:tMUee (page 19)
50,135,028
14,800,787
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Activities -
Intemal Service
Funds
203,129
(362,075)
(134,771)
182,429
(111,288)
551,249
904,166
904,166
1,455,416
7,545,802
3,804,563
(184,265)
11,166,100
12.821,515 '
City of Clearwater, Florida , .
Statement of Cash Flows
Proprietary Funds y 1
For the Year Ended September 30, 2002
Business-type . .
Enterprise I')
Water
and Sewer Gas Solid Waste : i
Utility Utility UtlRty
CASH FLOWS FROM OPERATING ' .,
ACnVmES l i
Cash received from customers $ 37,568,185 S 25,863,699 $ 16,071,288
Cash received from other lunds -: 1
Cash payments to suppliers (16,694,239) (13,948,055) (5,211.552)
Cash payments to employees {7,551 ,374) (4.282,"'68) (4.564,498) , .
Cash payments to other funds (6,769,751) (2,944,000) (4,169,668)
Other revenues 89.423 368,635 167.671 f I
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Net cash provided by operating actIvIIles 6.642.244 5,055.511 2.293,341 I
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CASH FLOWS FROM NON CAPITAL
FINANCING AcnvmES ,. ~
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Operating transfers out (2,015,448) (1,057,838) (660,339)
Interest paid ; \
Recefpt of cash on loans totfrom oCher funds ' I
, ,
Payment of cash on loans totfrom other funds (1,004,123) (89,979) (253.850) ; J
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Net cash provided (used) by , 1 I
noncapltal financing ac:tMtle. (3,019,571) (1,147,817) (914,189) ,
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RELATED FINANCING AcnvlTES I
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Principal payments on debt (6,224.870) (610,000) (37,295) , I l
Inlerest paid (1,587,607) (1,497,947) (92.143) ; j I
Acquisition of fixed assets (20,847.468) (1,981,295) (146,425)
Sale uf fixed assets
Proceeds from Issuance of debt 58,581.536 t
Payment of boncIlssue costs (523,228) J
Capital contributed by: . ,
Other governmental entitles 2,030,099 i
Property owners .,1
Developers 270,340
Net cash pnMded (used) for capllaJ and : I
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related financing actIvIIes 32,678.802 (4,069,242) (275,863) . j
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CASH R.OWS FROIIINVESTlNQ
ACTMnES . !
IIUrest on lnwsCrnents 2,038,108 927,827 349.693 I I
Net cuh provided by IrMIdng .aIvIlIes 2,038,108 927,8'Zl 349,&93 1
Nellncteue (decreue) In cash end cash equlvlllenlll 38,337,581 168,279 1,452.982 . I I
,
CUh and cash equlvalenla .r beginning 01 year . :
31,519,388 3.240,602 8,045,369
CUh and cash equlvalenla .r end of yell' $ n.ase,86i $ 3.<C06,881 . 7,498,351 ! I
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Cash 8nd cash equlvaIencs daIslfIed as: : I
CUb on hand and In bMka $ 400 S 700 $ 200 I
EquIy In pooled c:uh and InvGltmen1s 10,734,857 1,781,901 8,733,830 ' 1
RIISIricted equity In pooled cash _Investments 59,121,812 f ,844,280 784,321
Total cash ....d cash equivalents S 69,856,969 S 3,<C06,881 S 7,498,351 U
The notes to the financial mtemenlS are ...lntegral part of this statement. : I
34 " J
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City of Clearwater, Aorlda
Statement of Cash Flows (Continued)
Proprietary Funds
For the Year Ended September 30, 2002
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and Sower
UIII/ty
Business-type
Enterprise
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Utility
Solid Waste
Utility
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ReconcllloUon ot operaUng Income to net
cash provided by operating activities:
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Operating income (loss)
$
4,162,014 $ 4,600,609 $
1,968.392
Adjustments to reconcile operating income (loss)
to not cash provided by operating activlUes:
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Other revenue from nonoperating section
of Income statement 89,423 366,635 167.671
Depreciation 4.935,681 1,277.342 220.499
Non-cash land rental expense
Provision fOf' uncoIlectJble accounts 139.522 101.037 (23,641) ,
Capilallzed labor and Interest (120,728) (351.433) : j
Conslnlctlon In process reclassified as expense 300
Change In assets and liabilities: . I
.
(Increase) decrease In accoWlts receivable 55,335 42.855 160,002 i J
(Increase) In amOlRlt due from other governments (156.961)
(Increase) decrease In inventory (B6.616) 11,353 ; }
(Increase) In prepaid expenses (227) J
Increase (decrease) In accounts and conltacts payable (1.916.8B3) (38,354) 2.062
Increase (decrease) in deposits 20,227 58.947 56.522
Increase (decrease) In deferred revenue (761,716)
(Increase) In net pension asset (514.645) (2B2,804) (297,363)
Increase (decrease) In aCCnled payroll 35,802 31,040 39,197
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Total adjustments 2.480.230 454.902 32<4.949 ,
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Net cash provided by operating act/vitles $ 6,642.244 $ 5,055.511 $ 2.293.3-41
Noncash Investing, capital end financing actlvllJel:
Gain (loss) on exchanga of assets $ (45,669) $ (19.041) $
Land conlribulion to general government assets $ $ $ 229,288
Change WI fafr value of Investmenb $ (142.028) S $
ContrIJuled utiities from doveIopetl S S $
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36
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f I Activities
, I Funds Governmental Buslness.type
Activities ~ ActJvlUe. ~
f1 Slormwaler Other Internal Service rntemal Service
utility Funds Total Funds Funds
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$ 1,816.021 $ (74,840) $ 12,472.196 S (1,311,974) $ 662,537
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977,183 1,304,825 8,715,530 19,021 3,620,735
["I 136,499 136,499
30.352 (1,209) 246,081
(472,161)
{ , 300
\ ; (234,007) (62,071 ) (37.886) 76
(156,961)
U (10,423) (85,686) (109,910)
(227) (422,890)
42,898 (62.848) (1,973,125) 1,986,092 (434,175)
fj (11,461) 124,235
12,832 (748,084)
(112,001 ) (140,001) (1,346,814) (106,962) (351,683)
22,990 6,372 135,401 (10,185) 36,882
rr 743.216 1,725,178 5,128,475 1.465,078 2,944,355
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S 2,559,237 $ 1,650,338 $ 18,200,671 $ 153, 102 $ 3.606,892
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S S $ 221.288 $ $
S $ (43) S (142.071) S $
L1 S 11,250 $ $ 11,250 $ $
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City of Clearwater, Florida
Statement of Fiduciary Net Assets
Aduc/ary Funds
September 30, 2002
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Pension
Trust Agency
Funds Fund
ASSETS
Cash on hand and In banks $ 17,948 $
Equity In pooled cash and Investments 4,095,119 284,162
Managed Investment accounts 396,897,295
Interest and dividends receivable 2,001,094
Accounts receivable 41,643
Total assettl 403.053,099 284,162
UAB/UnES
AccoUnts payable 407,002
, Deposits:
Property owners 21,944
Developers 115.558
Total deposits 137.502
Other miscellaneous payables: '
Special purpose fUnds 7,922
Other 138,738
Total miscellaneous payables 146,660
Total liabilities 407.002 284.162
NET ASSETS
Reserved for employee pension benefits 402,646,097
Total net asata S 402,646,097 S
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City of Clearwater, Florida
Statement Changes In Fiduciary Net Assets
Fiduciary Funds
For the Year Ended September 30, 2002
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ADDITIONS
Contrlbl,ltlons:
Contributions from employer
Contributions from employees
State of 'Florida
Total contributions
Investment Income (loss):
Net appreciation (depreciation) In fair value of Investments
Interest
Dividends
$ 5,593,561
5,069,687
1,3n,299
12.040.547
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Investment management I custodian fees
Net Investment Income (loss)
Total additions (reducllons)
DEDUCTIONS
Benefit. and withdrawal payments:
Benefits
Withdrawal payments
Total benefits and withdrawal payments
Income (loss) before administrative expenses
Administrative expenses
Net Increase (decrease)
Net es.et. held In trust for pen.lon benefit.:
Beginning of year
End of year
(40,705,797)
10,578,980
1,689,384
(28,437,433)
1,921,382
(30,358,816)
(18,318,268)
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549.742
14,635.753
(32,954,021 )
333.842
(33,287,883) .
435,933,960
.$ 402.646.097
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, 39
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Note I - Summary of Significant Accounting Policies
The City of Clearwater. Florida (the City) was Incorporated in 1923 per Chapter 9710, Special Laws of Florida, as
amended. The City is a Florida municipal corporation governed by a five member City Commission including a
mayor-commissioner. The City has an estimated population of 109,OOO'and Is located In the four-county Tampa-St.
Petersburg-Clearwater Metropolitan Statistical Area (MSA), which has an estimated population of 2,414,900.
The financial statements of the City of Clearwater, Florida reporting entity (City) have been prepared in accordance
with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental
Accounting Standards Board (GASB) is the standard-setting body for govemrnental accounting and financial
reporting. Pronouncements of the Financial Accounting Standards Board (FASB) issued after November 30, 1989,
are not appned in the preparation of the financial statements of the proprietary fund types In accordance with GASB
Statement Number 20. The GASB periodically updates its codification of the existing Governmental Accounting and
Financial Reporting standards which, along with subsequent GASB pronouncements (Statements and
Interpretations), constitutes GAAP for governmental units. The City's more significant accounting policies are
described below.
In June 1999, the GASB unanimously approved "Basic Financial Statements and Management Discussion and
Analysis for State and Local Governments- (Statement #34). This statement results in the most significant change in
gov~mmental financial reporting in over twenty years and Is scheduled for a phased implementation (based on the
size of the govemment) starting with fiscal years ending 2002. As part of this Statement, there are new reporting
requirements for governments' Infrastructure (roads, bridges, etc). This requirement permits an optional four-year
delay for retroactive ImplementatJon of the Infrastructure reporting requirements to fiscal 2006. The City has elected
to implement the basic model for fIScal year 2002 and will defer Implementation of the retroactive infrastructure
reporting to fIScal year 2006.
A. Financial Reporting Entity
In evaluating the City as a reporting entity, management has Included in the accompanying financial statements the
City of Clearwater (the primary govemment) and its component units, entities for which the government is considered
to be financially accountable. The City has adhered to the standards set forth In GASB Statement No. 14 in reporting
the primary government (Including blended component units), discretely presented component units, the reporting
entity, and related organizations.
Blended Component Units - Component units that meet the criteria for blended presentation in accordance with
GASa Statement Number 14 are reported in a manner similar to that of the primary government itself. Accordingly,
throughout this report, data presented for the primary government includes data of the following blended component
unit. The Clearwater Redevelopment Agency (CRA), created by authority of Florida Statute Chapter 163, Part III, and
City 01 Clearwater Resolution 81-68, although It Is legally separate, is reported as if it were part of the City (blended
component unit) due to the City Commission serving as thegovemlng board of the CRA. Separate financial
statements for the CRA are not available. However financial statements for the CRA are Included In the CIty's
comprehensive annual fmanclal report as a goverrvnentaJ special revenue fllld.
Discretely Presented Component Units - Component units that meet the criteria for discrete presentation In
accordance with GASB Statement Number 14 are presented In a separate component units colwnn In the
govemment-wide financial statements in order to clearly distilgulsh the balances and transactions of the component
unit from those of the primary govemment. The discretely presented component unit listed below Is reported
separately in the fmandal statements and, In the refated notes and required supplementary Information. The
Clearwater Downtown Development Board (DDB) was created by authority of Florida Statutes 70.635 and n-fJ37,
and City Ordinance 5347-93, but Is legally separate from the City and governed by a separate board. The DDB was
created by City ordinance and the City is thereby able to Impose its will on the organization. Additionally the exclusion
of the DOB's activities from the City's financial statements would, In the opinion of the City's management, cause the
financial statements to be Incomplete. Consequently the DOB Is reported In a separate column in the government-
wide financial statements as a discretely presented component unit of the financial reportJng entity, in accordance
with GASB Statement No. 14. The DDB's financial statements have been Incorporated Into the City's comprehensive
annual financial report as a governmental discretely presented component 1Il1t. Separate financial statements for the
DDB can be obtained from the City's Finance Department located at 100 S. Myrtle Avenue, Clearwater, Florida.
40
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City of Clearwater, Florida
Notes to the Financial Statements
September 30,2002
B. Basic Financial Statements Under the New Financial Reporting Model
During the fiscal year ended September 30, 2002 the City Implemented the new financial reporting model as of result
of the following Statements of the Govemmental Accounting Standards Board (GAS B): GASB Statement No. 34,
Basic Financial Statement-and Management's Discussion and Analysis40r State and Local Governments; GASB
Statement No. 36, Recipient Reporting for Certain Shared Nonexchange Revenues, an amendment of GAS? '
Statement No. 33; GASS Statement No. 37, Basic Financial Statements-and Management's Discussion and
Analysis-for State and Local Governments: Omnibus, an amendment of GASB Statements No. 21 and No. 34; and
GASB Statement No. 38, Certain Financial Statement Note Disclosures.
The City's Basic Financial Statements contain three components: government-wide financial statements, fund
financial statements, and notes to the financIal statements.
1. Government~wlde fInancIal statements. The govemment-wide financial statements report Information on all of
the non fiducIary activities of the primary government and its component units using the accrual basis of accounllng,
which is similar to the accounting used by private-sector businesses. For the most part, the effect of interfund activity
has been removed from these statements. Governmental activities, which normally are supported by taxes and
intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent
on fees and charges for support. Likewise, the primary govemment is reported separately from the legally separate
component unit for which the primary government Is financially accountable.
The statement of net assets presents information on all of the assets and liabilities of the City. The difference
between assets and liabilities Is reported as net assets. Changes in net assets may serve as an Indicator of whether
the financial position of the City is improving or deteriorating.
The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are
offset by program revenues. Direct expenses are those that are clearly Identifiable with a specific function or
segment. Program revenuBS include 1) charges to customers or applicants who purchase, use, or directly benefit
from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are
restricted to meeting the operational or capital requirements of a particular function or segment. The operating grants
include operating~specific and discretionary (either operating or capital) grants while the capital grants column reflects
capital-specific grants. Taxes and other items not properly included among program revenues are reported Instead
as general revenues. All revenues and expenses are reported as soon as the underlying transaction has occurred,
regardless of when cash is received or paid.
As a general rule the effect of interfund activity has been eliminated from the government~wlde financial statements.
Exceptions to this general rule are payments-In-lieu of taxes and other quasi-extemal charges between enterprise
funds and various other functions of the govemment. Elimination of these charges would distort the direct costs and
program revenues reported for the various functions concerned.
2. Fund financial statements. Separate financial statements are provided for govemmental funds, proprietary
funds, and fiduciary funds, even- though the latter are excluded from the government-wide financial statements. The
fund financial statements are, in substance, very similar to the financial statements presented In the previous financial
reporting model. A new emphasis is on the major funds In either the govemmental or business-type categories.
Major Individual governmental funds and major Individual enterprise funds are reported as separate columns In the
fund financial statements. Non-major funds (by category) are summarized into a single column.
The City reports the following major govemmental funds:
The General Fund is the government's primary operating fund. It accounts for all financial resources of the general
government, except those required to be accounted for In another fund.
The Special Development fund Is a special revenue fund used to account for impact fees, property taxes for road
Improvements, local option gas taxes, Infrastructure taxes, and other revenues which are restricted legally or by City
Commission policy to be used for specific capital Improvement projects.
41
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
The Capital Improvement Fund is used to provide combined accounting presentation for all City capital improvement
projects except those financed from proprietary funds or bond proceeds where bond ordinance provisions require the
segregation of bond proceeds in separate funds.
The City reports the following major proprietary funds:
The Water and Sewer Utility enterprise fund is used to account for the financing, construction, operation, and'
maintenance of the water and sewer services of the City from charges made to users of the service.
The Gas Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the
gas service of the City from charges made to the users of the service.
The Solid Waste Utility enterprise fund is used to account for the financing, construction, operation, and maintenance
of the solid waste service of the City from charges made to the users of the service.
The Stormwater Utility enterprise fund Is used to account for the financing, construction, operation, and maintenance
of the stormwater management system of the City from charges assessed against each developed property.
Proprietary funds distinguish operatIng revenues and expenses from nonoperating items. Operating revenues and
expenses generally result from providing services and producing and delivering goods In connection with the
proprietary fund's principal ongoing operations. Operating expenses for proprietary funds include the cost of sales
and service, administrative expenses, and depreciation on capital assets, All revenues and expensos not meeting
this definition are reported as nonoperating revenues and expenses.
Additionally, the City reports tho follOWing fund types:
Internal service funds account for fleet management, Information technology, telephone, graphics, employee
relations, facilities management, radio communications, Insurance, and risk management services provided to other
City departments on a cost reimbursement basis. The Garage and Administrative Services internal service funds
primarily benefit enterprise funds and are therefore included as business-type activities in the government-wide
financial statements. The remaining Internal service funds, the General Services and Central Insurance, funds,
primarily benefit governmental funds and are consequently Included as governmental activities. Pension trust funds
account for the financial operation and condition of the Employees' Pension Plan, the Firemen's Relief and Pension
Plan, the Police Supplemental Pension Plan, and the Firefighters Supplemental Pension Plan.
The Treasurer's Escrow Agency Fund accounts for the receipt, custody, and expenditure of monies held temporarily
in an agency capacity for other parties.
The pension trust funds and the agency fund are fiduciary funds used to account for resources held for the benefit of
parties outside the government. Fiduciary funds are not included In the govenvnent-wldo financial statements
because the resources of these funds are not available to support the CIty's own programs.
C. Measurement Focus, Basis of AccOunting, and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources measurement focus and the
accrual basis 'of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are
reCorded when eamed and expenses are recorded when a liability is Incurred, regardless of the timing of related cash
flows. Property taxes are recognized as revenues In the year for which they are levied. Grants and similar items are
recognized as revenue as soon as an ellglbUity requirements Imposed by the provider have been met.
Governmental food financial statements are reported using the current financial resources measurement focus and
the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and
available. Revenues are considered to be available when they are collectible within the current period or soon enough
thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they
are collected within 90 clays of the end of the current fiscal year. Expenditures generally are recorded when a liability
is Incurred, as under accrual accounting. However, debt service expenditures, as weU as expenditures related to
compensated absences and 'claims and Judgments, are recorded only when payment Is due.
42
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered
susceptible to accrual and so have been recognized as revenues of the current fiscal period for the govemmental
funds. All other revenue items are considered to be measurable and available only when cash is received by the
government. '
D. Assets, LIabilities. and Net Assets or Equity
1. Deposits, pooled cash, and (nvestments
Investments with original maturities of three months or less are considered to meet the definition of cash equivalents.
The majority of the investments in which the City's flJnds have equity are held by the City's consolidated pool of cash and
investments. The City utilizes the consolidated cash pool to account for .cash and investments of all City funds other than
those that are required by ordinance to be physically segregated. The consolidated cash pool concept aDows each
partlclpating fund to benefit from the economies of scale and improved yield that are Inherent to a larger investment pool.
Formal accounting records detail the individual equities of the participating funds. The cash pool utnlzes a single
checking account for all City receipts and disbursements.
Since ftind equitIes In this cash management pool have the general characteristics of demand deposits In that additional
funds may be deposited at any time and also funds may be withdrawn at any time without prior notice or penalty, each
fund's equity account is considered a cash equivalent regardless of the maturities of investments held by the pool.
All individual fund cash equity In a deficit (overdraft) position with respect to the consolidated cash pool is reclassified
at year-end to short-term fnterfund payables to the Capital Improvement Fund. The Capital Improvement Fund is the
fund selected by management to reflect the offsetting interfund receivables In such cases.
The City has an agreement with Its depository bank to provide that all excess cash is swept daily and automatIcally
into an overnight money market account which pays interest at 14 basis points (0.14%) less than the daily federal
funds rate (1.75% at September 30,2002), with no requirement for a minimum compensating balance. This account
Is collateralized through the State of Florida Public Deposits Program.
Under City Charter and the current Investment Policy, adopted by the City Commission on September 7, 1995,
consolidated cash pool investments are limited to the following: United States Government Securities, Certificates of
Deposit in Local Banks, Repurchase Agreements, Savings Account In Local Banks, Federal Govemment Agency
Securities, Municipal Bonds (other than City of Clearwater Issues), State of Florida Bonds, and Munlclpal Bonds
issued by counties in Florida.
The City utilizes a very conservative investment philosophy when it Invests Its pooled cash funds In that the retum of the
principal is more important than the retum QD the principal. The City does not actively trade its portfolio and generally
holds investments untU maturity. Through the use of a laddered approach to maturities and by timing maturities to cash
needs, the City does not anticipate selling Investments to meet cash flow requirements.
Under the City's Investment Policy, a performance measure standard has been established. The perfoRnance measure
chosen Is a weighted average of: the overnight Interest rate; and three month, six month, one year, and three year
Treasury rates respectively. For the fiscal year ended September 30, 2002, the performance measure weighted average
is 2.20010. The actual pooled cash earnings performance, before bank charges, was 4.85%.
Investments being held outside of the consolidated cash pool include escrowed debt service investments and
employee retirement Investments. Permissible escrowed debt service Investments are specifically defined In each
individual debt Instrument, but generally follow the same limitations which apply to consoUdated cash pool
investments. The City maintaIns four different employee retirement programs, and each one has Its own list of
permitted investments. Generally, each plan allows the same type of investments as the consolidated cash pool, but
additronally allows some portion of its assets to be invested In stocks, bonds, and notes of corporations listed on one
or more of the recognized national stock exchanges.
43
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
2. Receivables and payables
Activity between funds that are representative of lending/borrowlng arrangements outstanding at the end of the fiscal
year are referred to as either "due tolfrom other funds" (I.e. the current portion of interfund loans) or "advances
tollrom other funds" (I.e. the non-current portion of interfund loans). AfI other outstanding balances between funds
are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities
and business-type activities are reported in the government-wide financial statements as "internal balances".
Advances between funds, as reported in the fund financial statements, are offset by a fund balance reserve account
in applicable govemmental funds to Indicate that they are not available for appropriation and are not expendable
available financial resources.
All trade and property tax receivables are shown net of an allowance for uncollectibles. Trade accounts receivable
less than 60 days are Included In the trade accounts receivable allowance for uncollectibles at the five-year average
loss experience rate of 4.89%. Trade accounts receivable In excess of 60 days are reserved at 40%. The property
tax receivable allowance for un collectibles Is 10% of the current year portion of the receivable, and 30%, 50%, 70%,
90%, and 95% for the receivable portions attributable to the prior five years respectively (fiscal 2001 thru 1997), and
100% of the receivable attributable to fiscal years 1996 and prior.
Property tax revenue Is recognized in the fiscal year for which the taxes are levied, provided the availability test is
met, In conformance with NCGA Interpretation No.3. Property taxes for the following fiscal year are levied by
commIssion action in September of each year.: This levy Is apportioned to property owners based on the previous
January 1 assessed values. Tax bills are mailed out on or about November 1, and the collection period runs from
November 1 through March 31. On April 1, unpaid property taxes are considered delinquent and become a lien. Tax
certificates are sold In June tor real property with delinquent taxes.
Since taxes are not collected prior to November 1, the City does not record revenue for advance collections.
UncolleCted taxes receivable at year-end are recorded, with an. appropriate allowance for estimated uncollectible
amounts. The net amount deemed to be collectible but not current (not expected to be collected within sixty days
after the close of the fiscal year) is shown as a deferred revenue in the appropriate fund. Additionally, taxes assessed
for the following fiscal year are recorded as a receivable and a deferred revenue in accordance with Governmental
Accounting Standards Board Statement No. 33.
All delinquent property taxes, except those levied specifically for the restricted purposes of financing activities
accounted for in the Special Development Fund, are recorded in the General Fund. Property tax revenues are
recognized in the General Fund and the required transfers to the appropriate debt service or pension fund are
recorded as operating transfers from the General Fund.
The City is permitted by State law to levy ten mills without referendum. Additional millage not subject to the ten mill
limitation Is authorized If approved by referendum. The tax rate of 5.5032 mills for the year ended September 30,
2002 was unchanged from the September 30, 2001 rate.
3. Inventories and prepaid Itema
Inventories of proprietary foods are stated at cost and valued on the, first-in farst-out (FIFO) basis. In governmental foods,
the majority of Inventory Items are accounted for under the purchases method, which provides that expenditures are
recognized when the inventory item is purchased. The only governmental fund inventory that Is accounted for under the
consumption method is tile General Fund Inventory of Items for resale at the fishing pier. Under the consumptJon
method, the expendIture Is recognized when the inventory item is sold (or consumed).
Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid noms In
both government-wide and fund financial statements.
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Notes to the Financial Statements
September 30, 2002
I . 4. Restricted assets
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Certain resources of the City's enterprise funds are classified as restricted assets. Restricted assets include: Water and
Sewer improvement charges restricted by the authorizing ordinances to the construction of additions and Improvements
to the water and sewer systems, and assets of the Water & Sewer Utility, Gas Utility, Stormwater Utility, and Parking
System funds restricted under the provisions of authorizing ordinances for revenue bonds to the payment of future
revenue bond debt service, system construction, and renewals and replacements.
5. Capital assets
Capital assets, which Include property, plant, equipment, and certain infrastructure assets, (e.g. roads, bridges, and
similar items) are reported In the applicable governmental or business-type activities columns In the government-wide
financial statements. However Infrastructure assets are only reported for the current fiscal year. The City has chosen to
defer implementatlon of retroactive infrastructure reporting to fiscal year 200512006 per the current year implementation
of GASS Statement #34. Capital assets are defined by the City as assets wllh an Initial individual cost of moro than
$5,000 (amount not rounded) and an estimated useful life in excess of five years. Individual assets that cost less than
$5,000, but that operate as part of a network system, will be capitalized in the aggregate, using the group method, If
the estimated average useful life of the Individual asset Is five years or more. Addillonally, higher thresholds for
capitalization apply to the following categories: land Improvements, $50,000; buildings, building Improvements, and
utility systems, $100,000; and Infrastructure, $500,000. Capital assets are recorded at historical cost or estimated
historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the
date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially
extend asset lives are not capitalized.
Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest Incurred
during the construction phase of capital assets of business.type activities is Included as part of the capitalized value of
the assets constructed. The total Interest expense incurred by the City during the current fiscal year was $6,448,996.
Of this' amount. $160,073, $769,723, and $60,471 were included as part of the cost of capital assets under
construction in connection with stormwater, water & sewer, and gas system projects, respectively.
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Property, plant, and equipment of the primary government, as well as the component units, as applicable, are
depreciated USing the straight-line method over the following estimated useful lives:
Assets
Years
Buildings & building improvements
Public domain Infrastructure
Utility system Infrastructure
Land Improvements
Machinery & equipment
Vehicles
10-40
20-40
25-40
5-50
5-33
5-10
6. Compensated absences
It Is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. GeneraJly
employees may accumulate vacation time not exceeding 360 hours and sick leave not exceeding 1,560 hours. Upon
retirement from City service a qualified employee is paid for all vacation time not exceedng 360 hours and one-half of
acclJ1lulated unused sick leave not exceeding 1,560 hours (I.e. maXImum pay.out of 780 hours). The City accrues for all
earned but unused vacation pay up to the .cap. of 360 hours, and the portion of unused sick leave estimated to be
payable upon retirement. The current portion of compensated absences is the amount estimated to be used In the
following year.
7. Long-term obligations
In the govemment.wide financial statements, and proprietary fund typos in the fund financial statements, Iong~term debt
and other long-term obligations are reported as liabilities in the applicable govemmental actlvitlos, business.type
45
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
activities, or proprietary fund type statement of net assets. Bond premiums and discounts. as well as issuance costs, are
deferred and amortized over the life of the bonds using the straight-line method. Bonds payable are reported net of the
applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the
term of the related debt
In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond
Issuance costs, during the current period. The face amount of debt issued Is reported as other financing sources.
Premiums received on debt issuances are reported as olher financing sources while discounts on debt Issuances are
reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are
reported as debt service expenditures.
8. Fund equity
In the fund financial statements, govemmental funds report reservations of fund balance for amounts that are not
available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund
balance represent tentative management plans that are subject to change.
Note 11- Stewardship, Compliance, and Accountability
A. Budgets and budgetary accounting
Annual budgets are legally adopted for the City's General Fund, the Special Development Special Revenue Fund, and
the Community Redevelopment Agency Special Revenue Fund.
The City of Clearwater observed the following procedures In establishing the budgetary data for the General Fund and
Special Development Fund, as reflected in the financial statements:
On June 15, 2001, the City Manager submitted to the Clearwater City Commission proposed budgets for the fiscal year
commencing October 1, 2001 and ending September 30, 2002. Public Hearings were held on September 6, 2001, and
September 20, 2001, at the Clearwater Commission Chambers to obtain citizen comments. On September 20, 2001,
official budgets were legally adopted by Ordinance No. 6842-01. Subsequent quarterly budget amendments were
adopted on April 4, 2002, (Ordinance 6956-02) and July 18, 2002 (Orcflllance 6995-02). The final amended budget was
adopted October 3, 2002 (Ordinance 7009-Q2). The budget for'the Special Development Fund is adopted on a basis
consistent with GMP, and appropriations lapse at year-end. Appropriations for open encumbered purchase orders at
year-end in the General Flrld do. not lapse, but rather continue until Uquldated or otherwise cancelled by City
Commission action. On 1he General Food budgetary comparison statements, actual expenditures have been adJusted to
include end~f-year encumbrances and to exclude beglnnlng.of-year encumbrances to provide for a meaningful
comparison. Except for the treatment of encumbrances and cer1ain transactions relating to lnterfund loans, the General
Fund Budget is adopted on a basis consistent with GAAP, and all non-encumbered appropriations lapse at year-end.
The leve' of budgetary control established by the legislative body, the level on which expenditures may, not legally
exceed appropriations, Is the IndMdual fund. In accordance wlth provisions of Ordinance 5025-90 and with Section
2.519(4) of the Clearwater Code, the City Manager may transfer part or all of any unencumbered appropriation
balance among programs within an operating fund, provided such action does not result In the discontinuance 01 a
program. Such transfers must be included In the next budget review presented to the City Commission. Upon
detailed written request by the City Manager, the City Convnlsslon may by ordinance transfer part or all of any
unencumbered approprtation balance from one fund to another.
As established by admlnlstra~ policy, department directors may transfer money from one operating code to another
within a program without a formal written amendment. Formal requests for budget amendments from department
direc1Drs are required for transfers in capital expenditures, transfers, and reserves. Thus, certain object classifications
within departmental and/or program budget appropriations are subject to administratively imposed controls, In
addition to tho legal controls imposed by City Commission action described above. .
The annual bucget for the Community Redevelopment Agency Is adopted by the trustees of that agency in accordance
with state law. The current year budget was officially adopted on June 18, 2001. The budget is adopted on B basis
consistent \\ith GMP, the level of budgetary contrails the total fund, and appropriations lapse at year-end.
46
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Budget. amounts presented In the accompanying financial statements reflect all amendments adopted by the City
Commission and the governing boards of component units. All amendments were adopted In conformance with legal
requirements. Individual amendments, as well as the net effects of all amendments during the fiscal year, were not
material In relation to the original appropriations for the governmental funds in the aggregate. ' . .
The Clearwater City Commission also adopts budgets for the Enterprise Funds, alllntemal Service Funds, the Capital
Projects Funds, the Special Programs Fund, and the Local Housing Assistance Trust Fund. Budgetary comparisons for
the Enterprise and Internal Service funds are not required by NCGA Statement No. 1 for the general purpose financIal
statements and are not Included in this report. Budgets for the Capital Projects Fun~s, the Special Programs Fund, and .
the Local Housing Assistance Trust Fund are adopted on a multi-year completed program basis, where budgetary
appropriations do not lapse at year-end, but may extend across two or more fiscal years. A comparison of annual results
with these budgets would not be meaningful and is therefore not included In this report.
All City Commission adopted budgets are integrated into the formal accounting system to allow for monthly
comparison of projected and actual experience In all funds for which budgets are adopted.
The annual budget for the Clearwater Downtown Development Board (DDB), a discretely presented component unit
of the City, is adopted by the members of that board In accordance with state law. The current year budget was
officially adopted on September 13, 2001. Separate financial statements for the DDB can be obtained from the CIty's
Finance Department located at 100 S. MyrtIa Avenue, Clearwater, Florida.
B. Excess of expenditures over appropriations
The Community Redevelopment Agency Special Revenue Fund had Interfund "transfers out" in excess of appropriations
in the amount of $210,939 due to unbudgeted transfers to capital projects funds.
C. Re-statement of prior year balances
The following require restatement of prior year balances. All restatement amounts are detailed in the table below.
1. Elimination of contributed capital category
The Implementation of Governmental Accounting Standards Board Statement No. 34 (GASB 34) required the
elimination of the contributed capital equity category and the reclassification of prIor contributed capital balances as
net assets.
2. Adjustment to fixed asset balances due to new capitalization polley
Effective October 1. 2001, the City implemented a new capitalization policy,that Included Increased thresholds for
capitalization of fixed assets. This required a prior period restatement to reflect a decrease in general govemment
capital assets and proprietary fund net assets for the previously capitalized assets that do not meet the revised
capitaJizatlon thresholds.
3. Adjustment. to general fixed asset balances per GASB 34 Implementation
The City's current year Implementation of GASB 34 resulted In a comprehensive reconciliation of fixed asset activity
for prior years. This reconciliation process Identified buildings and Improvements other than buildings that
erroneously remained In the fixed asset balances though the assets were previously disposed of. The balances have
been adjusted to renect the deletion of these fIXed assets.
4. Elimination of expendable trust fund
The Implementation of GASB 34 eliminated the fiduciary fund category expendable trust funds. In prior years the City
reported an expendable trust fund, the Rehabilitation loan Fund. The City has merged the Rehabilitation Loan Fund
net assets with the SpecIal Programs SpecIal Revenue Fund for current year reporting in compliance with the GASa
34 requirements.
47
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Note III - Detailed Notes on All Funds
A. Deposits and Investments
Investments with original maturities of three months or less are considered to meet the definition of cash equivalents,
The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool
of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand
deposits In that additional funds may be deposited at any time and also funds may be withdrawn at any time without prior
notice or penalty, each fund's equity account is considered a cash equivalent regardless of the maturities of investments
held by the pool. Funds which have deficit (overdraft) positions within the consolidated pool report the defICits as
interfund payables to the City's Capital Improvement Fund.
Govemmental Accounting Standards Board (GAS B) Statement Number 3 requires certain disclosures for deposits and
investments, Including management's determination of custodial credit risk, defined as follows:
For deposits, the bank balance must be categorized as follows:
Category 1: Insured or collateralized with securities herd by the City or its agent in the City's name.
Category 2: Collateralized with securities held by the pledging financial institution's trust department or agent in
the City's name.
Category 3: Uncollateralized.
For investments other than deposits, the following categories apply:
Category 1: Insured or registered, or held by the City or its agent in the City's name.
Category 2: Uninsured and unregistered, held by the counterparty's (purchasing agent's) trust department or
. agent in the City's name. '
Category 3: Uninsured and unregistered, held by the counterparty, Its trust department, or agent, but not In the
City's name.
As described above, the City's depository banking agreement prOVides for the Investment of all excess cash daily Into
a collateralized repurchase agreement, whereby all deposits deemed to be collected are automatically deposited.
City deposits consist of relatively small cash balances held by Debt Service Trustees and Employee Retirement
Custodians. The bank balances equal the carrying amount for these deposits. and managemenrs classlncatlon of
custodial credit risk is Indicated In the table below. Because these amounts are part of the trustee's and custodian's
composite account, they are classified along with Investments on the balance sheet.
Managed mutual funds and guaranteed Investment contracts are not. susceptible to classification by risk category and
are disclosed but not categorized pursuant to GASB Statement 3. Management has classified all other investments
Into Category 1, with the exception of certain employee retirement investments that are being held by the financial
Institution also serving as Investment manager, and certain escrowed debt service investments that are being held by
the financial Institution from which they were purchased. The carrying value for all Investments Is fair value In
accordance with GASB Statement 31.
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, Summary of deposits and Investments, including management'~ assessment of custodial credit risk, follows:
Investment
Credit
Risk Category
City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Cash On Hand and In Banks
Consolidated Cash Pool and Component
Unit Deposits and Investments:
Cash in Banks
U.S. Treasury Notes and Bills
U.S. Agency Securities
. Money Market Mutual Fund
Accrued Interest on Investments
Less Outstanding Checks at 9130102
Total Cash Pool and Component Unit Equity ..
(Includes fiduciary funds cash pool assets)
11I,. Construction ~d Debt Service Deposits
and Investments:
U.S. Treasury Notes and 8fffs
Corporate Bonds
:5
Fair
Value
48,847
Deposit Credit
Risk Category
1
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II.
3,480,424
25,516,841
203,937,574
20,099,804
2,260,040
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2,916,713
873,986
3,790,699
17,926,696 1
136,428,021
'119,758,246
40,368,959
11,302,973
9,453,117
29,449,239
32.227,992
396,915,243
~ 5:)1.694,471
IV. Employee Retirement Deposits and Investments:
Money Market Accounts
Domestic Equity Securities
U.S. Govemment Bonds
Domestic Corporate Bonds
Mortgage Backed Bonds
Asset Backed Bonds
InternaUonaJ Equity ~al Fund
Stock Mutual Fl.l'ld
Total Employee Retirement Investments
Total Deposits and Investments, All Funds
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.. At September 30,2002. the carrying amount of the primary govemmenfs deposits totaled ($1,017,681) and the
bank balance wu $3,328,032. The canying amount of the component unlfs deposits totaled $143.104, whl/ethe
bank balance was $152,392. '
B. Receivables
Receivables as of year end tor the City'slnclvfduaf major ftI1ds and nonmajor, Internal service, and fiducfary foods In the
aggregate" including the appIcable alowances for uncollectible accounts, are segregated on the fund financial
statements. ,The Mortgages, Notes, and Other loans amount of $8,915,947 reported on the Governmental Funds
balance'sheet i1cIudes $8,491,986 of long-term loans receivable that are not expected to be coIected In the next year.
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City of Clearwater, Florida
Notes to the Financial Statements
September 30,2002
Depreciation expense was charged to functions I programs of the primary government as follows:
Governmental activities:
General government
Public safety
Physical environment
Transportation, Including depreciation of general infrastructure assets
Culture and recreation
Capital assets held by the government's governmental internal service funds are
charged to the various functJons based on their usage of the assets
Total depreciation expense - governmental activities
$ 888,286
1,173,888
43.645
2,200,955
1,526,479
19,021
$ 5,852.274
Business-type activities:
Water and sewer utility
Gas utility
Solid waste utility
Stonnwater utility
Other
Capital assets held by the govemment's business-type internal service funds are
charged to the various activities based on their usage of the assets
Total depreciation expense - business-type activities
Construction commitments
At September 30, 2002, material outstanding construction commitments were as follows:
Emjm;I fyng
, Community sports complex Capital Improvements
CommunIty $pOns complex Spring Training Facility Revenue Bonds ConstnJctlon
New main library Capital Projec:ls
New main Dbrary 2001 Salea Tax Revenue Bonds Construction
Water treatment faciUtIes 2002 Waf<< and Sewer Revenue Bonds Construction
Sewer system plJn1) station replacements 2002 Water and Sewer Revenue Bonds Construction
Town Lake 2002 S10rmwater Revenue Bonds Construction
Kapok tIood resolution 2002 SIormwater Revenue Bonds ConstrucIIon
Are MriaI equipment Capitall~
TraIIc cUnIng CapIaII~
Bead1 atreebc8pe CapIaIl~
North Gl8enwood corridor enhancements CapIaIl~ta
Long Center upllnlion CapIaIl~
WatM ...... renewal & replacement CaplallrY1Jrovements
Total Constructlon Commitments
52
$ 4,935,681
1,2n,342
220,499
9n,,183
1,304,825
3,620.735
$ 12,336.265
Construction
Commitments
OUtstanding
$ 6,290.950
11,209,050
8.209,395
7,527.000
4,813,133
1.663.684
1,635.948
1,696,613
819.011
554,969
990,579
789.871
989,600
744.758
$ 47.894.565
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Contributed Property: As of September 30, 2002, water lines having an estimated cost of $5,141,044, sanitary sewer
lines having an estimated cost of $7,754,629, storm sewers having an estimated cost of $3,919,827, and land (for water
quality and habitat restoration) having an estimated cost of $922,900 are reflected In the balances of the proprietary fixed .
assets.
Assets Recorded Under Capital Leases: Assets recorded under capital leases and the accumulated amortization
thereon (for proprietary fund assets) have been included under the appropriate categories in the summaries and
schedules presented previously in this note in combination with similar Infonnation for owned assets.
D. Interfund receivables, payables, and transfers
1. Interfund Balances
As mentioned In Note (1 C), Individual fund deficits In the consolidated cash pool have been reclassified as of
September 30, 2002, as Interfund loans from the Capital Improvement Fund, which was selected by management for
this purpose. This reclassification results In a corresponding reduction In the cash equity in the Capital Improvement
Fund, offset by an increase In Interfund receivables.
The amounts of the reclassified cash pool deficits, as well as other Individual fund lnterfund payable and receivable
balances (current), at September 30, 2002, were as follows:
Fund
General Fund
Special Revenue Fund:
Community Redevelopment Agency
Capital Project Fund:
Capital Improvement
Enterprise Funds:
Water and Sewer Utility
Gas Utility
Solid Waste Utility
Recycling Utility
Stormwater Utmty
Marine and Aviation
Parking System
Interna' ~eMce t-unas:
Garage
Administrative Services
General Services
Central Insurance
Deficit in
Pooled Cash
$
DefJcit in
Pooled Cash
$
Other
Receivables
$
264,514
264,514
6,084,580
5,733,792
1,685,872
1,067,672
2,536,612
989,073
9,114,166
179,526
295,321
304,567
627,593
28,618,174
$
$
264,514
$ 264,514
53
Other
Payab/es
$ 24,925
134,966
28,016,807
82,474
59,602
300,000
$ 28,618,n4
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Individual interfund advances (long-term) at September 30, 2002, follow:
Advances to Advances from
Fund Other Funds Other Funds
General Fund $ 2,000,000 $ 49,850
Special Revenue Fund:
Community Redevelopment Agency 492,524
Enterprise Funds:
Solid Waste Utility 824,737
Marine and Aviation 119,204
Parldng System 4,000,000
Internal Service Funds:
Administrative Services 271,070
Central Insurance 3,757,385
S 5,757,385 S 5,757,385
Descriptions of long-tem interfund loans:
An lnterfund loan at the cash pool Interest rate from the Central Insurance Fund to the Community Redevelopment
Agency Fund for the purchase of a land parcel for resale to a developer. The initial loan amount was $1,171,328 and
commenced during the fiscal year ended September 30, 2000.
An intemal twenty year loan from the Central Insurance Fund to the Solid Waste Utility Fund for the construction of
administrative, container maintenance, and truck wash facilities, In addition to a paved yard for use by all cost centers of
the Solid Waste Fund. The loan provides for 20 annual payments of $82,474 together with Interest at the cash.pool rate,
due on September 30 of each year, commencing September 30, 1994. The cost of the construction was $1 ,686,759.
An internal five-year construction loan in the amount of $298,011 from the Central Insurance Fund to the Marine and
Aviation Fund for construction of two aircraft T -hangars and one corporate hangar at Clearwater Airpark. The loan
provides for payments due on September 30 of each year, bearing Interest at the cash-pool Interest rate and
commencing September 30, 2001.
Intemalloans of $2,000,000 each from the General Fund and the Central Insurance Fund, at the cash-pool interest
rate, to the Parking Fund to fund a contingency reserve per the tenns of a development agreement. The Parking
Fund is contributing an additional $2,000,000 to fund a total contingency of $6,000,000 for the repurchase of.a land
parcel If the proposed development does not OCClW by March 2006. The loans commenced on September SO, 2002. '
An Intemal five-year loan from the Central InSurance Fund to the Administrative Services Fund for the purchase and
Installation of a new UtHlty Customer Service system. The loan provides for fIVe annual payments of $300,000 plus
Interest at the cash-pool rate, due on September 30 of each year. The loan commenced on September SO, 2000.
54
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
2. Interfund transfers
Interfund transfers for the year ended September 30. 2002, consisted of the following:
Transfers to General Fund from:
Capital Improvements Fund
Water & Sewer Utility Enterprise Fund
Gas Ulllity Enterprise Fund
Solid Waste UtDlty Enterprise Fund
Stonnwater Ublity Enterprise Fund
Nonmajor governmental funds
Nonmajor enterprise funds
Total
Transfers to Special Development Fund from:
Capital Improvements Fund
Transfers to Capital Improvements Fund from:
General Fund
SpecIal Development Fund
Nonmajor governmental funds
Total
Transfers to Nonmajor governmental funds from:
General Fund
SpecIal Development Fund
Capital Improvements Fund
Gas utlnty Enterprise Fund
NonmaJor governmental funds
Internal service funds
Total
Transfers to Stormwater System Enterprise Fund from:
SpecIal Development Fund
NonmaJor g9vemmentaJ funds
Total
Transfers to Nonmajor enterprise funds from:
General Fund
Special Development Fund
Total
Transfers to Internal service funds from:
General Fund
Capitallrnprovementa Fund
Water & Sewer UtIlity Enterprise Fund
Gas Utility Enterprise Food
Stonnwater UliHty Enterprise Fund
Internal aervice funds
Total
Totallnterfund transfers
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$ 41,199
1,557.250
1,016,354
660,340
216,240
906,060
231,490
4,628.933
100,000
2,618,810
11,071.705
214.905
13,905,420
3,152,117
1,060,593
132,330
4,709
259,668
80,000
4.689.417
1,584,060
7.000
1.591.060
178,670
1.600,000
1.678,670
214,401
138,811
412,529
38,775
231,m
25.683
1.059,876
$ 27,653,376
Transfers are primarily used to 1) transfer revenues that have been collected tI the required fund per state law to the
funds and activities that state law allows for expendlwes; 2) transfer of "payment In lieu of taxes- conbibutlons from the
utility foods to the General Fund; 3) transfer fundfng from governmental funds to debt service and capital Improvements
funds: and 4) transfer matching funds from the General Fund to various grant programs.
, 55
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
E. Leases
The City purchases various equipment for govemmental and buslness~type activities under lease purchase agreements. .
Obligations under lease purchase agreements are recorded at the present value of their future minimum lease payments
as of date of Inception.
leased equipment which has been capitalized as of September 30. 2002:
Govemmental Buslness.type
Activities ActIvities
Equipment
less: Accumulated Depreciation
Total
$ 6,218,052
(1.981,n3)'
$ 4.236.279
$ 16.246,635
. (5.428,206)
$ 10.818.429
The future minimun lease payments under capital lease purchase agreements are as foUows as of September 30. 2002:
The City also leases personal computers lIldsr a three-year operating lease that Is cancelable on an annual basis. Total
lease payments for flscaI year ended ~ptember 30, 2002, totaled $134.109. .
56
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
F. Long-term debt
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1. Revenue Bonds
$46,445,000 Infrastructure Sales Tax Revenue Bonds, Series 2001, with $5,100,000 of
principal due December 1, 2002, to $6,620,000 due December 1, 2009; interest at
4.00% to 5.00%.
$11 ,470,000 Improvement Revenue Refunding Bonds, Series 2001, due in annual
installments of $355,000 due February 1, 2003, to $820,000 due February 1, 2026;
interest at 3.00% to 5.25%. $104,042 of the bonds outstanding as of September 30,
2002, are reported in the Parking System Enterprise Fund per the financing of parking
system assets. Please reference the revenue bonds for business.type activities below.
$14,810,000 Spring Training Facility Revenue Bonds, Series 2002, due In annual
Installments of $165,000 due March 1, 2003, to $470,000 due March 1,2031, with a '
maximum principal of $845,000 due March 1, 2021; Interest at 2.00% to 5.38%.
Total revenue bonds for govemmental activities
$53.445,000 Water and Sewer Refunding Revenue Bonds, Serles 1993; due in annual
installments of $5,430,000 due December 1, 2002, to $295,000 due December 1. 2018.
with a maximum principal of $5,715.000 due December 1, 2003; Interest at 5.00010 to
5.63%.
$43,642,690 Water and Sewer Refunding Revenue Bonds, Series 1998, capital
appreciation bonds with total maturity amount of $81,785,000; $460,000 of capital
appreciation serial bonds due December 1, 2004, to $5,780,000 due December 1, 2018,
with a maximum principal of $5,875.000 due December 1, 2011; Interest at 4.20% to
5.22%. The balance outstanding as of September 30, 2002, Includes capital appreciation
bond accreted Interest of $8,659,091.
$58,680,000 Water and Sewer Revenue, Bonds, Series 2002, due in annual installments
of $860.000 due December 1, 2003, to $3,695,000 due December 1, 2032; Interest at
3.25% to 5.00%.
$8.815,000 Gas System Revenue Sands, Series 1996A, due In annual Installments of
$90,000 due September 1, 2003, to $395,000 due September 1, 2021; Interest at
4.90% to 5.80%.
$14,605,000 Gas System Revenue Bonds and Gas System Revenue Refunding Bonds.
Series 1997 A &: Series 19978, due in annual Installments of $505,000 due September 1,
2003, to $2,065,000 due September 1, 2027; Interest at 4.20% to 5.3QO.4.
$8.020,000 Gas System Revenue" Refw'lding Bonds. Series 1998; due In SMual
Inslalments of $35,000 due September 1. 2003, to $50,000 due September '1, 2013;
interest at 3.65% to 4.70%; additional annual installments of $595,000 due September 1.
2014, ~o $920,000 due September 1. 2023; Interest at 4.7oo,{, to 5.00%.
$7,500.000 Stormwater System Revenue Bonds, Series 1999, with $125,000 of
principal due November 1, 2002, to $490,000 due November 1, 2029; interest at 4.000~ to
5.75%.
$24,685,000 Stormwater Revenue Bonds. Series 2002. due In annual Installments of
$440,000 due November 1, 2003, to $1,530,000 due November 1, 2032; Interest at
3.00% to 5.00%.
$11,470,000 Improvement Revenue Refunding Bonds, Series 2001, due In annual
InstaIments of $110,000 due February 1. 2002, to $820.000 due February 1, 2026;
interest at 3.00% to 525%. A total of $11,255,958 of the bonds has been allocated to the
general government activities per above.
57
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$ 46,445,000
11,255.958
14.810.000
72.510,958
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52.301,781
58,680,000
8,360,000
12.375.000
7,895,000
7,275,000
24,685,000
104.042
City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
Total revenue bonds for business-type activities
Total revenue bonds
191,110.823
$263.621.781
2. Restrictive covenants and collateral requirements
The Infrastructure Sales Tax Revenue Bonds are limited obligations of the City payable solely from and secured by a '
lien upon and a pledge of the City's share of the proceeds derived by Pinellas County from the levy and collection of
the one:eent discretionary Infrastructure sales tax pursuant to Section 212.055(2), Florida Statutes, as amended (the
Sales Tax Revenues) and, until applied in accordance with the provisions of the Ordinance, all moneys, including
Investments thereof, in the funds and accounts established by the Ordinance, other than the Rebate Fund (collectively
the .Pledged Revenues"). The pledge of the Sales Tax Revenues does not constitute a lien upon any property of the
City. The covenants of the ordinance authorizing the bonds include, among other things, an obligation of the City to
do all things necessary on Its part to continue the levy and collection of the Sales Tax Revenues at the maximum rate
permitted by and in compliance with Chapter 166, Part II, Florida Statutes, as amended, Chapter 212, Part I, Florida
Statutes, as amended, and other applicabfe provisions of law (the "Act"), and any successor provision of the law. The
City further covenants to proceed diligently to perfonn legally and effectively all steps required on its part in the levy
and collection of the Sales Tax Revenues and shall exercise all legally available remedies to enforce such collections
now or hereafter avaJlable under State law.
The Improvement Revenue Refunding Bonds are limited obligations of the City payable solely from and secured by a
lien upon and a pledge of the Public Service Tax as authorized by Section 166.231, Florida Statutes, as amended.
The pledge of the Public Service Tax does not constitute a lien upon any property of the City. The covenants of the
ordinance authorizing the bonds include, among other things, an obligation of the City to do all things necessary on its
part to continue the levy and collection of the Public Service Tax at the rate permitted by and in compliance with
Section 166231, Florida Statutes, and Article III, Chapter 44, Code of Ordinances of the Issuer, and any successor
provision of law. The Public Service tax is a revenue of the General Fund.
The Spring Training Facility Revenue Bonds are special, limited obligations of the City, payable solely from and
secured by a lien upon and pledge of the (I) payments received by the City from the State of Florida pursuant to
Section 212.20, Florida Statutes (State Payments); and (II) payments received by the City. from PlneUas County,
Florida pursuant to the Interlocal Agreement dated December 1, 2000 (County payments). ' The pledge of the State
Payments and County Payments does not constitute a lien upon any property of the City. Furthermore, neither the
City, Pinellas County, the State of Florida, nor any political subdMsion thereof has pledged Its faith or credit or taxing
power to the payment of the bonds.
The Water and Sewer Refunding Revenue Bonds, Series 1993 and Series 1998, and the Water and Sewer Revenue
Bonds, Series 2002, are limited obligations of the City payable solely from and secured by a lien upon and pledge of
the net revenues of the CIty's water and sewer system (System). The pledge of the System's net revenues does not
constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include,
among other things, an obligation of the City to fix and maintain such rates, and collect such fees. rentals and other
charges for the services and facilities of the System and revise the same from time to time whenever necessary which
will provide gross revenues in each fiscal year sufficient to pay the cost. of operation and maintenance of the system;
one hundred fifteen percent (115%) of the bond service requirement' becoming due in such fiscal year on the
outstanding bonds; plus one hundred percent (1000k) of all reserve and other payments required to be made
pursuant to the ordinances authorizing the bonds. The City further covenants that such rates. fees. rentals and other
charges will not be reduced so as to render them Insufficient to provide gross revenues for such purpose.
The Gas System Revenue Bonds, Series 1996A; Gas System Revenue Bonds ~rles 1997A; Gas System Revenue
Refunding Bonds, Series 1997B; and Gas System Revenue Refunding Bonds, Series 1998;'are limited obligations of
the City payable solely from and secured by' a lien upon and pledge of the net revenues of the City's gas system
(System). The pledge of the System's net revenues does not constitute a lien upon any property of the City. The
covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix,
establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and
other charges for the use of the product, services and facilities of the System which win always provide revenues in
each year suffICient to pay, and out of such flA'lds pay. 100% of the cost of operations and maintenance of tho system
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City 01 Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
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In such year and all reserve and other payments provided for in the ordinances authorizing the bonds, along with one
hundred twenty five percent (125%) of the bond service requirement due in such year on all outstanding bonds.
The Stormwater System Revenue Bonds, Series 1999; and the Stormwater Revenue Bonds, Series 2002; are limited
obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City's
stormwater management system (System). The pledge of the System's net revenues does not constitute a lien upon
any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an
obligation of the City to fix. revise from time to time whenever necessary, and maintain and collect always such fees,
rates, rentals and other charges for use of the products, services, and facilities which will always provide net revenues .
In each year sufficient to pay one hundred fifteen percent (115%) of the bond service requirement becoming due In
such fiscal year on the outstanding bonds. The City further covenants that such rates, fees, rentals and other
charges will not be reduced so as to render them insufficient to provide revenues for such purpose.
Annual debt service requirements to maturity for revenue bonds are as follows:
Revenue Bonds
Governmental Activities ,Susiness-type Activities
Principal Interest Principal Interest
$ 5,596,132 $ 3,019,735 $ 3,690,878 $ 8,430,983
6,065,179 2,796,166 5,185,012 8,798,192
6,273,477 2,534,986 5,400,129 8,546,648
6,491,170 2,235,993 5,661,286 8,242,209
6,685,000 1,945,793 5,908,385 8,019,911
23,520,000 6,033,086 33,329,833 36,197,155
5,355,000 3,936,689 41,952,497 27,589,244
6,195,000 2,482,066 33,642,803 17,656,493
4,580,000 1,083,244 27,365,000 11,161,214
1,750,000 194,038 23,750,000 4,279,460
5,225,000 128,713
$72,510,D58 $26,261,816 $ 191,110,823 $139,050,222
Year Ending
September 3Q
2003
2004
2005
2006
2007
2008-2012
2013-2017
2018-2022
2023-2027
2028-2032
2033-2037
Totals
3. Advance refunding of bonds
On October 15, 2001, the City issued $11.47 million In Improvement Revenue Refunding Bonds, Series 2001 with an
average Interest rate of 4.9 percent to advance refund $415,000 of outstanding Public Service Tax and Bridge Revenue
Bonds, Series 1985, with an average interest rate of 9.1 percent; and to advance refund $9.77 million of outstanding
Improvement Revenue Bonds, Series 1995, with an average interest rate of 5.9 percent. The net proceeds of $10.8
million, (after payment of $233,000 in underwriting fees, Insurance, and other Issuance costs and $867,000 deposited to
tile Reserve Fund) plus an additional $395,000 of debt service reserve transfers from refunded bonds. were deposited
in an irrevocable trust with an escrow agent to provide for all future debt service payments on the 1985 and 1995 Series
bonds. As a result, the Public Service Tax and Bridge Revenue Bonds, Series 1985, and the Improvement Revenue
Bonds, Series 1995, are considered to be defeased and the liability for the bonds has been removed from the
government-wide statement of net assets.
The reacquisition price exceeded the net carrying amount of the old debt by $445,844. This. difference, reported in the
accompanying financial statements as a deduction from bonds payable, is being charged to operations through the year
2025 using the effective-Interest method. The City completed the advance refunding to reduce its total debt service
payments over the next 24 years by $958,000 and to obtain an economic gain (difference between the present values
of the old and new debt service payments) of $460,000.
In prior fiscal years, the City entered into various advance-refunding transactions related to certain of its bonded debt.
A portion of the proceeds of the refunding bond Issues was placed In trust and used to purchase securities of the United
States Government and related agencies at various interest rates and maturities sufficient to meet all debt service
requirements of the refunded debt, of which $64,040,000 was outstanding at September 30, 2002. These assets arc
. administered by trustees and are restricted to use for retirement of the refunded debt. The liability for the refunded
bonds and the related securities and escrow accounts are not Included In the accompanying financial statements as the
. City defeased its obligation for payment of the refunded bonded debt upon completion of the refunding transactions.
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
The following schedule reflects the outstanding principal on refunded bonds as of September 30:
Governmental ActlvltJes:
Utility Revenue Certificates, 1975
UtilltJes Tax and Bridge Revenue Bonds, Series 19n
Utilities Tax Bonds, Series 1977
Special Obligation bonds, Series, 1978A
Utility Revenue Bonds, 1978
Pubic Service Tax and Bridge Revenue Bonds, Series 1985
Community Redevelopment Agency Bonds, Series 1986
Improvement Revenue Bonds, Series 1995
Total Govemmental Activities
BusIness-type Activities:
Public Service Tax and Bridge Revenue Bonds, Series 1985
Water and Sewer Revenue Bonds, Sertes 1988A
Water and Sewer Revenue Bonds, Series 1988B
Gas System Revenue Bonds 1991A
Gas System Revenue Bonds 1994A
Total Business-type Activities
Total
$ 1,200,000
1,370,000
2,380,000
20,000
13,490,000
521,600
1,030,000
9,580,000
29,591,600
793,400
15,320.000
4,705,000
5,520,000
8,110,000
34,448,400
:J 64,040,000
4. New debt Issues
New debt Issues during the current fiscal year, other than debt refundlngs described above, are described below.
On July 1, 2002, the City Issued $58,680,000 Water and Sewer Revenue Bonds, Series 2002, to pay for the costs of
expansion of the City's water and sewer system. These bonds were Issued at an average interest rate of 4.67% with a
final maturity of December 1, 2032-
On September 1, 2002, the CIty Issued $24,685,000 Stonnwater Revenue Bonds, Series 2002, to pay for the costs of
capital Improvements to the CIty's stormwater management system. The bonds were Issued at an average rate 4.32%
with 8 final matlWity of November 1, 2032.
On September 1, 2002, the City issued $14,810,000 Spring TrainIng Facility Reven'ue BOnds, Series 2002, to finance a
portion of the cost of the acquisition, construction, rehabilitation, and equIpping of a spring training facility to be used by
the Phlladelphla PhI/Des major league baseball team. The bonds were i~sued at an average rate of 4.49% with a final
maturity of March 1, 2031.
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For issuance premiums (discounts) 793,497 480,884 (169,252) 1,105,129 !
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On refunding (442,426) 28,244 (414,182) !
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Net revenue bonds payable 57,275,485 26,193,957 (10,267,537) 73,201,905 5,596,132 j
1 " Lease purchase contracts 4,664,570 579,100 (1,304,501) i
i 3,939,169 1,314,392 I
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Compensated absences 5,566,807 253,048 5,819,855 575,889 I
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On refunding (4,132,611 ) (3,418) 290,382 (3,845,647) I
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Compensated absences 1,242,907 522,424 1,765,331 174,684
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
G. Segment Information
Generally accepted accounting principles require segment disclosure for nonmajor enterprise funds with revenue bonds
outstanding. The following condensed statements are presented for the Parking System enterprise fund to satisfy this
disclosure requirement.
Condensed Statement of Net Assets
Assets:
Current assets
Due from other funds
Restricted assets
Net pension asset
Capital assets
Total assets
liabilitIes:
Current liabilities
Current liabilities payable from restricted assets
Noncurrent liabilities
Revenue bonds payable
Notes, loan pool agreement and acquisition contracts
Advances from other funds '
Total noncurrent lIabllitJes
Total liabilities
Net assets:
Invested In capital assets (net of related debt)
Restricted assets '
Unrestricted
Total net assets
Parking
System
$ 2,467,698
1,614,166
7,525,860
143,086
3,552,786
15,303,596
255,199
16,437
76,163
411,401
4,000,000
4,487,564
4,759,200
3,065,222
152,494
7.326.680
$ 10,544,396
Condensed Statement of
Revenues, Expenses, and Changes
In Net Assets
Operating revenues
Depreciation expense
Other operating expenses
. Operating Income
Nonoperating revenues (expenses):
Earnings on Investments
Interest expense
Other
Transfers In from other funds
Change in net assets
Beginning net assets, as restated .
Ending het assets
Parking
System
4,052,060
(785,050) .
{2,241 ,976)
1,025,034
239,651
(31,597)
41,193
1,500.000
2,n4,281
7,nO.115
$ 10,544,396
$
Condensed Statement of Cash Flows
Net cash provided (used) by:
Operating activities $
Noncapital financing activities
Capital and related financing activities
Investing actfvitles
Net Increase (decrease)
Beginning cash and cash equivalents
Ending cash and cash equivalents . $
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Parking
System
1,368,020
(2,155,655)
(311.975)
239,651
(859,959)
3,240,532
2,380,573
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City of Clearwater, Florida
Notes to the Financial Statements
, September 30, 2002
H. Restricted assets
1. Water and Sewer Utility Fund
Assets in the Water and Sewer Utility Fund restricted for construction include:
Water Improvement charges, the use of whIch is restricted by the authorizing ordinance to the
construction of additions and improvements to the water system; assets remaining at
September 3D, 2002, are:
Equity in Pooled Cash and Investments
Due from Other Funds
Sewer Improvement charges, the use 01 which is restricted by the authorizing ordinance to the
construction of additions and improvements to the sewer system; assets remaining at
September 30, 2002, are:
Equity in Pooled Cash and Investments
Due from Other Funds
Assets of the Water and Sewer Utility Fund restricted under the provisions of the ordinances
authorizing the issuance of Water and Sewer Revenue Bonds consisted of the following at
September 30, 2002:
Water and Sewer Revenue Bonds Debt Service:
Equity in Pooled Cash and Investments
Investments (U;S. Government Securities)
Accrued Interest Receivable on Investments
Water and Sewer Revenue Bonds Renewals and Replacements:
Equity In Pooled Cash and Investments
Due from Other Funds
Water and Sewer Revenue Bonds Construction:
Equity In Pooled Cash and Investments
Assets of the Water and Sewer Utility Fund restricted by agreement with other governmental entities
for improvements to the water system:
Due from Other Funds
Assets of the Water and Sewer Utility Fund representing Customers' Deposits and therefore
restricted, consisting entirely of Equity In Pooled Cash and Investments
Total restricted assets - Water and Sewer Utility Fund
$ 931,637
513,135
3,519,883
601,827
15,557,592
2,916,713
86,196
8.224,696
2,428,013
28,999,149
4,601
1.888.655
S65.672.0,gz
2. Gas Utility Fund
Assets in the Gas UtI1ity Fund restricted under the provisions of the ordinance authorizing the Issuance of revenue bonds
consisted of the followilg at September 30, 2002:
Gas System Revenue Bonds
Debt Service:
Equity in Pooled Cash and Investments
Renewals and Replacements:
Equity in Pooled Cash and Investments
$175,161
300.000
~475.161
Assets of the Gas UUlity Fund representing Customers' Deposits and therefore restricted, amounted to $1,169,119 at
September 30, 2002, consisting entirely of Equity in Pooled Cash and Investments.
3. Solid Wasto Utility Fund
Restricted assets in the Solid Waste Utility Fund designated for construction represent customer deposits in the amount of
$764,321 at September 30, 2002, and consisted entirely of Equity in Pooled Cash and Investments.
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
4. Stormwater Utility Fund
Assets In the Stormwater Utility Fund restricted under the provisions of the ordinances for the
Issuance of revenue bonds consisted of the following at September 30, 2002:
Stormwater System Revenue Bonds - Series 1999
Debt Service: Equity in Pooled Cash and Investments
Construction: Equity In Pooled Cash and Investments
Stormwater Revenue Bonds - Series 2002
Debt Service: Equity In Pooled Cash and Investments
Construction: Equity In Pooled Cash and 'nvestments
Contributions from the Special Development Fund of proceeds from the Local Option Sales Tax,
designated as Penny for Pinel/as, restricted by voter referendum and terms of Interfocal
agreements between Plnellas County and the municipalities receiving tax proceeds to the
construction of specific Infrastructure capital Improvements; assets remaining at September 30,
2002. are:
Due From Other Funds
Contributions from the Special Development Fund Include proceeds restricted by City Commission
policy for Improvements to the stormwater drainage system within the City; assets remaining at
September 30, 2002, are:
Due From Other Funds
5. Parking System
Assets in the Parking System restricted under the provisions of the ordinance authorizing the
Issuance of the Public Service Tax and Bridge Revenue.Bonds as of September 30,2002, consists
of:
Equity In Pooled Cash and Investments
Investments
Assets in the Parking System restricted under the provisions of a, development agreement between
Clearwater Seashell Resort LC and the City of Clearwater as of September 30, 2002, consist of:
Due From Other Funds
Contributions from the Special Development Fund include proceeds restricted by City Corrvnisslon
policy for Improvements to the stormwater drainage system within the City; assets remaining ,at
September 30, 2002, are:
Due From Other Funds
Total restricted assets - P8rking System Fund
Note IV - Other Infonnatlon
$ 278,205
2,5'16,989
220,294
11,814.872
1,379,206
84.060
Si16.353.626
$ 16,373
9,487
6,000,000
1.500.000
S 7.525.860
A. Risk management ,
The City Is self-Insured within certain parameters for tosses arising from claims for generalllablllty, auto liability, police
professlonalllabUlty, public' offlclars liability, property damage, and workers' compensation. Insurance coverage.has
been maintained by the City to pay for or Indemnify the City for losses ,In excess of certain specific retentions and up to
specified maximum limits In the case of claIms for liability, property damage, and workers' compensation. The IlabBity
and workers compensation excess coverage is $7,000,000 per occurrence (no aggregate applicable) with self-Insured
retention of $500,000. The property damage excess coverage Is $240,000,000 at ninety percent at total Insurable value
with a $500,000 self-insured retention. Settled clafms have not exceeded excess coverage in any of the past three
years.
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Notes to the Financial Statements
September 30, 2002
The transactions relating to the self-insurance program are accounted for in the Central Insurance Fund, an Internal
Service Fund. The billings by the Central insurance Fund to the various operating funds (the interfund premiums) are
based on actuarial estimates of the amounts needed to pay prior and current year claims. The claims liability reported
at September 30, 2002, is based on the requirements of Governmental Accounting Standards Board Statement No. 10,
which requires that a liability for claims be reported if information prior to the issuance of the financial statements
indicates that It Is probable that a liability has been incurred at the date of the financial statements and the amount of the
loss can be reasonably estimated.
Changes in the claims liability amounts in fiscal years 2001 and 2002 were:
Self
Insurance
S 10,883,393
Balance at October 1, 2000
Current year claims and changes
In estimates
Claim payments
Balance at September 30, 2001
Current year claims and changes
In estimates
Claim payments
Balance at September 30, 2002
629,391
(2,175,488)
9,337,296
6,464,068
(4,361,086)
S 11,440.278
B. Statements of cash flows
For purposes of the statements of cash flows, Investments with original maturities of three months or less are considered to
meet the definition of cash equivalents. The majority of the Investments In which the City's proprietary funds have equity
are held by the City's consolidated pool of cash and Investments. Since fund equities in this cash management pool have
the general characteristics of demand deposns in that additional funds may be deposited at <lny time and also funds may
be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash equivalent
regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated
pool report the deficits as interfund payab/es to the City's Capital Improvement Fund.
c. Capitalization of interest
Interest costs incurred in enterprise funds during construction are capitalized, net of interest Income from the proceeds
of related tax-exempt debt if applicable, as part of the cost of the related assets of the respective enterprise funds.
Interest costs on long-term debt incurred and capitalized during the year ended September 30, were as follows:
. Total Interest Interest Costs Net Interest
Business-type AcUviUes: Costs Incurred Capitalized Expense
Water & Sewer Utility Fund $ 4.346,274 $ 769,723 $ 3.576,551
Gas Utility Fund 1.533,654 60,471 1,473,183
Solid Waste Utility Fund 78,621 78,621
Stormwater Utility Fund 569,068 160,073 408,995
Non-major Enterprise Funds 43.831 . 43,831
Total business-type activities $ 6,571.448 $ 990,267 $ 5,581.181
II
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The preparation of financial statements in conformity with generally accepted accounting principles requires
management to make estimates and assumptions that affect the amounts reported In the financial statements and
accompanying notes. Actual results could differ from the estimates.
65
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City of Clearwater, Florida
Notes to the Financial Statements
September 30,2002
E. Employee retirement systems and pension plans
1. Defined benefit pension plans
The City contributes to two separate single-employer, self-adminIstered defined benoflt pansion plans covering
approximately three-fourths of all City employees. The Employees' Pension Plan covers all permanent, full.time City
employees who successfully pass the required physical examination, except for firefighters employed prior to July 1, 1963,
and certain nonclassified (primarily managerial) employees. The Firemen's Relief and Pension Plan covered eligible
firefighters hired prior to July 1, 1963, and is closed to new entrants. Neither of these plans Issues a stand-alone financial
report. As Indicated, both plans are self-administered, and the costs of administering the plans are paid from the respective
plan assets.
The Employees' Pension Plan is authorized by and operates under the provisIons of Sections 2.391 through 2.411 of the
Municipal Code of the City of Clearwater. Plan provisions have boen duly approved as required by the voters in
referendums, the most recent of which was held on March 14, 2000. The plan provisions were changed effective January
1, 2000 to provide a 1.5% cost of living increase, an additional normal retirement age of 65 with 10 years of service, plus
additional eligibilities and benefits for pollee and firefJghters. The normal retirement benefit is a monthly benefit equal to 2.
3/4% of average monthly compensation for the final 5 years of service multiplied by the mxnber of years of service to date
of retirement. The minimum benefit under the plan Is $300 per month. Eligibility for normal retirement occurs upon
completion of at least 10 years of service and the attainment of age 65, or completion of at least 20 years of service and the
attainment of age 55, or completion of 30 years of service, for employees engaged in non-hazardous duty. For those
engaged in hazardous duty, eUgibllity occurs upon completion of 20 years of service. The normal monthly benefits are
payable for the life of the participant and continue, after the participant's death, to be paid at the same amount for 5 years to
eligible surviving benefICiaries; after 5 years, the survivor annuity is reduced to fifty percent (50%) of the original amount.
The plan provides for an annual cost of living Increase of up to one and one-half percent (1-1/2%). The plan also provides
for disability and death benefits, vesting after completion of 10 years of service and the refund of employee contributions in
case of a non-vested terminatlon. There are seven other oonefit payment options that are computed to be the actuarial
equivalent of the nonnaJ benefit. Covered employees contribute 8% of their compensation. It is the city's obligation to
prOvide a sufficient additional contribution to maintain the actuarial soundness of the fund but, in any event, not less than
7% of participating employee's compensation per the ordinance goveming the plan.
The Aremen's Relief and Pension Plan Is authorized and operated under the provisions of Subpart B, Article I (Laws of
Florida, Chapter 30658, 1955 and amendments), Sections 1 through 27 of the Municipal Charter and Related Law of
the City of Clearwater and Chapter 26, Article III, Sections 26.50 through 26.52 of the Municipal Code of the City of
Clearwater. The normal retirement benefit Is a monthly benefit in the amount of 50% of the prevailing wage at the date
of retirement of the lowest rank held by the participant during the three years invnediately preceding retirement plus 2%
of such prevailing wage for each year of service in excess of 20 years up to a maximum of 60%. Participants retiring at
the age of 65 years are entitled to a benefit of 60% of the prevailing wage of the lowest rank held by the participant
during the three years immediately preceding retirement. The ending rate of pay specified above may not exceed the
highest rate of pay for the rank of Captain. EligiblUty for nonnal retirement occurs upon completion of 20 years of
service or attainment of age 65. The monthly benefits are payable for the life of the participant and continue, after the
participant's death, to be paid to certain eligible surviving beneficiaries at an amount that Is one-half of the amount
recelved by the participant. Benefits are also provided for children of the deceased participant who are less than 18
years of age subject to certain limitations as to amount. The plan also provides for dlsabiUty and death benefits and for
vesting upon completion of at least 12 years of service. The plan provides for post retirement cost of living Increases
equal to the Increase In the prevaOlng wage for the rank at which the participant retired with a limitation for those retiring
on or after January 1, 1972, of 100% of the initial pension benefit for total cost of living Increasos. Participating
employees are required to contribute 6% of their salaries up to tho equivalent of the salary of a fireman holding the rank
of CaptaIn. The City Is required to contribute a sufficient additional amount to maintain the actuarial soundness of the
plan for a period of 35 years commencing January 1, 1972; this contribution is based upon, but not limited to, the
amount of property tax that a levy of 0.6 mills would produce.
66
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
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As of the January 1, 2001, actuary valuation date (upon which the current fiscal year funding Is based), the membership
of the plans is as follows:
Retirees and beneficiaries currently recelvlng benefits
Terminated employees entitled to benefits but not yet receiving them
Active employees:
Fully vested
Nonvested
Total number of participants
Employees'
Pension Plan
533
40
Firemen's Relief
Pension Plan
48
711
827
2,111
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For the fiscal year ended September 30, 2002, the covered payroll for the Employees' Pension Fund Is $61,154,840. The
City's total payroll for the same period Is $71,987,553. Amual pension cost and contributions Information for the last three
fiscal years follows:
Employees' Pension FlWld
Year, Annual (8) Net
Ended Required Employer Percent Pension
Sept 30 Contribution Contributions Contributed Asset
2000 $ 0 $ 4,419,723 N/A $ 12,442,354
2001 $ 174,377 $ 4,255,484 2440% $15,845,929
2002 $ 0 $ 4,439,829 (b) NlA $ 21.445,982
(a) The actuartally determined contribution requirements for the City's fiscal year ended September 30, 2002, are based
on actuarial valuations as of January 1, 2001. Since the CIty's contributions are made during its fiscal year (which 1
commences nine months after the date of the actuarial valuation), the City, with approval of State regulatory I
authorities, is following the practice of acklng Interest to' its required contributions at the assumed rate of return on "
investments for a period of one year.
(b) Actual contributions for fiscal 2002 totaled $4,439,829, as required by the ordinance governing the pension plan. See Note ( r
Firemen's Relief pension Fund
Year
Ended
Sept 30
2000
2001
2002
Annual (a)
Required
Contribution
-$ 1.048.856
S 1.098,990
S 1,153,732
En1>loyer
C<nfI)utJons
-$ 1,046,856
S 1,098,990
$ 1.153,732
Percent
Contributed
100%
1CJO-k
100%
a) The' actuarlally detern'bK:I contribution requirements for the City's fileal year ended September 30, 2002, are based
on actuarial valuations 88 01 January 1. 2001. Since the City's contributionS are made duri'lg Its fiscal year (which
commences nine months after the, date of the actuarial valuaUon), the City, wtth approval of State regulatory
authorities, Is following the practice of aeklng Interest to Its required contributions at the assumed rate of return on
Investments for a period of one year.
The net pension asset at transition (October 1, 1997) was determined In accordance with GASe Statement No. 27.
MAccoLl'lt/ng for Pensions by State and Local Governmental Employees.. The amount of the pension asset at translllon
was $3,503.365.
67
City of Cleanvater, Florida
Notes to the Financial Statements
September 30, 2002
The Employees' Pension Fund net pension asset at September 30, 2002 totaled $21,445,982. /t was comprised of the
following components:
Annual required contributions (ARC)
Interest on the net pension asset
Adjustment to annual contribution
Annual pension cost
Ffscal2002 employer contributions
Increase In net pension asset
Net pension asset beginning of year
Net pension asset end of year
$ (1,932,864)
(1,109,215)
1,881,855
(1,160,224)
4,439,829
5,600,053
15,845,929
$ 21,445.982
Each pens/on fund is accounted for as a pension trust fund; therefore each is accounted for in substantially the same
manner as proprietary funds with a "capital maintenance" measurement focus and the accrual basis of accounting. Fund
assets, primarily investments, are valued at fair value for balance sheet purposes, In accordance with, GASB No. 25.
Investment values are determined using the estimated fair value detennlned by averaging estimated fair values
obtained from three or more nationally recognized brokers,
As of September 30, 2002, neither the Employees' Pension Fund nor the Firemen's Relief and Pension fund held
investments (other than U.S. Govemment or U.S. Government guaranteed obligations) In anyone organization
comprising 5% or more of the net assets available for benefits.
Significant actuarial assumptions utilized in the actuarial valuations as of January 1, 2001, are as follows:
Employees' Pension Plan
(1) Assumed rate of retum on investments of 7.0% p~r annum.
(2) Projected salary increase at a rate of 5% per year, Including both cost.of.living adjustments of 3% and merit
or seniority Increases at 2%.
(3) Mortality based on the 1983 Group Annuity Mortality Table for males with females ages set back six (6) years.
(4) Pr~retirement withdrawals assumed to occur per standard scales of moderate tumover rates (Scale 255) for
males and heavy turnover rates (Scale 355) for females. ,
(5) Pr~retirement incidence of disability Is assumed to occur in accordance with a standard scale of moderate
disabJnty rates (Class 1, 1952 Inter-Company); rates for females assumed to be twice that for males.
Firemen's Relief and Pension Plan
(1) Assumed rate of retum on Investments of 5.5% compounded annually.
(2) AsslM11ed benefits grow at an annually compounded rate of 2%.
(3) Mortality based on the 1983 Group Annuity Mortality Table for retired partlcipants; assumed disabled
partJclpants will experience mortality according to PBGC Tables 3 and 4 for males and females, respectively.
(4) AssLlTled no withdrawals will occur. "
(5) AssLlTled probability of an active participant becoming disabled Is zero (no active participants).
(6) Assumed value of one mil of ad valorem tax will Increase at rate of 5% per year.
As a result of a voter referendum on March 14, 2000, the Employees Pension Plan was modified to provide for a 1.5%
cost of living increase, an additional retirement age of 65 with 10 years of service, plus additional eligibility and benefits
for pollee and firefighters effective Janu~ry 1, 2000.
There were no changes In assumptions affecting ,the January 1, 2001 actuarial valuation for either the Employees'
Pension Plan or the Firemen's Relief and Pension Plan.
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City of Clearwater, Florida
Notes to the Financial Statements
September 30, 2002
It is the City's policy to fund pension costs accrued as determined on an actuarial basis. Annual required contributions
(ARC) for the Employees' Pension Fund are calculated using the Entry Age Normal with Frozen Inillal Uablllty mothod.
The initial unfunded actuarial accrued liability determined at July 1, 1963, Is being amortized over a 40.year period;
changes made in 1979 and subSequent years which have had the effect of either increasing or decreasing the actuarial
liability are being amortized over a 30~year period from their effective datos In accordance with State law. Annual
required contributions (ARC) for the Firemen's Relief and Pension Fund are based on a variation of the aggregate
actuarial cost method, under which the unfunded portion of the present value of the projected benefits is allocated over .
the present value of a 6.0% per year Increasing annuity for the remaining years In the 35-year funding period which
began January 1, 1972,' pursuant to an agreement between the City and the Plan participants, For this purpose. the
unfunded actuarial liability is determIned after consideration of the available assets at the valuation date. The
Increasing fixed schedule produced by this method was established in 1988 and will be modified In the future only to the
extent that a current valuation Indicates a higher required cost level, or if the resulting cost level exceeds 60% of a mil/
In a current year. Under the non-standard cost method used for this plan (due to the fact that there are no longer any
active employees), aI/liabilities are unfunded actuarial liabilities and are being amortized according to the cost method.
The net pension asset for the Employees' Pension Plan. representing excess contributions as calculated per GASB 27
requirements, is identical In amount to the plan "credit balance" 'as disclosed In prior years. A total of $14,731.211 of
the current net pension asset balance Is attributable to governmental funds and therefore is not reflected In the
governmental fund financial statements in accordance with the modified accrual basis of accounting. The remaining
$6,714,771 a"ributable to proprietary funds Is reflected In the proprietary fund financial statements on the accrual basis
of accounting.
Govemmental Accounting Standards Board Statement Nos. 25 and 27 require the presentation, as supplementary
information, of certain ~-year historical trend Information. These disclosures are presented on pages 73-75 of this report
2. Police Supplemental Pension Fund
A supplemental defined contribution pension plan exists for all eligible policemen which is funded by earmarked
revenues received from the State and Is administered by the City. The revenues received from the State are allocated
among eligible police officers on the basis of days employed as Clearwater Police Officers. These revenues, which
comprise the plan contributions, amount to $770,578 in the year ended September 30, 2002, and are obtained from an
eighty-five one hundredths of one percent (.B5)% excise tax on the gross receipts from premiums collected on casualty
insurance policies covering property within the City's corporate limits. The current year contributions represent 5.2% of
current year covered payroll. The fair value of investments at September 30, 2002, totaled $9,329,372.
The Police Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.471 through
2.480 of the Municipal Code of the City of Clearwater and Chapter 185 of Florida Statutes. Under the plan provisions, the
total monies received during each fiscal year, after payment or provision for all costs and expenses of management and
operation of the plan. are allocated to participants on the basis of the total number of shares to which each partJclpant is
entitled. Each participant Is entitled to one share In the fund for each day of service as a police officer of the City.
All police officers, as defined In Section 26.70(g) of the Code of Ordinances of the City of Clearwater. who are elected,
appointed. or employed full-time by the City are eligible to participate In the plan. There are no employee contributions
to the supplemental plan. Benefits are fully vested for a lump sum distribution after twenty years from the date of hire.
with provIsion for partial vesting after ten or more years under the plan. Accumulated benefits are payable in full In case
of death while employed by the City or in case of total and permanent job-related disability. Non-vested participants'
account values upon termination of employment during any fiscal year are added to the monies received during that
fiscal year for allocation to the remaining participants In the plan on the basis of total days worked.
For the fiscal year ended September 30,2002, the payroll of the covered officers' was $14,850.669; the City's total payroll
for the same period was $71,987,553.
Since the entitlement to benefits is based entirely upon the allocation of monies received by the plan to the participants'
share accounts, there Is no actuarial liability on the part of either the State or the City.
69
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City of Cfearwater, Florida
Notes to the Financial Statements
'September 30, 2002
3. Firefighters Supplemental Pension Fund
A supplemental defined contribution pension plan exists for all eligible firemen, which Is funded by earmarked revenues
received from the State and Is administered by the City. The revenues received from the State are allocated among
eligible firemen on the basis of days worked during the previous year. These revenues, which comprise the plan
contributions, amounted to $594,442 In the year ended September 30, 2002, and are obtained from a one and eighty-five
one hundredths percent (1.85%) excise tax on the gross receipts from premiums collected on property Insurance policies
covering property within the City's corporate limits. The contributions represent 6.79% of current year covered payroll. The'
fair value of investments at September 30, 2002, totaled $8,470,023.
As the plan is described as a monoy purchase pension plan, whereby contributions are allocated based on the number
of days worked during the fiscal year ended September 30, and Interest earnings allocated based on the beginning
balances in each participanrs account, there Is no actuarial liability on the part of the State or City.
The Firefighters Supplemental Pension Fund Is authorized' by and operates under the provisions of Sections 2.441
through 2.450 of the Municipal Code of the City of Clearwater and Chapter 175 of Florida Statutes. Eligibility requires
two years of credited calendar year service as a firefighter with concurrent participation in the Employees' Pension Plan.
There Is no employee contribution to the supplemental plan, and benefits are vested for a lump sum distribution at ten
years unless there Is early retirement, disability or death. Non-vested participants' account values upon termination of
employr:nent are reallocated among the remaining participants on the basis of days worked during the previous year.
For the fiscal year ended September 30,2002, the covered payroll was $8,757,987 the CIty's total payroll for the same
period was $71,987,553.
4. 401(a) Defined ContributIon Plan
For all management employees not covered under either of the defined benefit pension plans, the City provides.penslon
benefits through a 401 (a) defined contribution plan. In a defined contribution plan, benefits depend solely on amounts
contributed to the plan plus Investment earnings. Employees are participants from the date of employment and are fully
vested upon enrollment The plan is totally contributory on the part of the City in an amount equal to 15% of
compensatJon on behalf of the City Manager and the City Attorney; 12% of compensation on behalf of the Chief of
Police; and 6% of compensation on behalf of all other management contract employees and assistant city attorneys.
The City makes bi-weekly contributions to the Trust throughout the plan year to meet its funding obligations under the
plan.
The International City Management Association Retirement Corporation (ICMA-RC), the trustee for the defined annuity,
offers participants a variety of Investment options.
The City's total payroll for the flscaJ year ended September 30, 2002, was $71,987,553. The Plan members' payroll for
the same period totaled $3,458,985. The City's contribution, using the above referenced formula, totaled $247,410.
The assets of the trust, at market value, totaled $1,164,818 at September 30,2002.
5. Deferred CompensaUon Plan
The City offers Its employees a deferred compensation plan created In accordance with Internal Revenue Code Section
457. The plan, available to aD City employees, permits them to defer a portion of their salary until future years.
Participation In the plan Is optional. The deferred compensation is not available to employees untit termination, retirement,
death, or unforeseeable emergency.
Effective January 1, 1997, Federal legislation converted the Section 457 deferred compensation assets from City assets to
employee assets. As a result of these changes, plan assets are no longer subject to the claims of the City's general
creditors.
The City has previously reported the assets and associated UabiHtles of the deferred compensation plan In the CIty's
financial statements 8S an agency fund. Effective with the chango In legislation these assets are no longer City assets and
the fiduciary responsibility has been transferred to the third party plan administrator. Consequently, effective with fiscal
1997, these assets are no longer reported In the accompanying financial statements, In compliance with Governmental
Accounting Standards Board Statement No. 32.
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City of Clearwatert Florida
Notes to the Financial Statements
September 30,2002
F. Contingencies and Commitments
"
PACT. Inc.
PACT, Inc. is a nonprofit corporation formed in 1978, for the purpose of financing, constructing, and, operating a
performing arts center. Per a Guaranty Agreement dated May 18, 2001, the City guaranteed $1,000,0000 on..a
$5,000,000 mortgage note for PACT, Inc" used to refinance a previous mortgage with a similar City guarantee. City
management does not consider it probable that this guarantee will be called, and, accordingly, no amounts have yet
been accrued or otherwise recorded in the accompanying financial statements to reflect this possibility.
Contingent loan Guarantee
On March 30, 1992, the City Commission approved a contingent loan guarantee of $1,000,000 on a $2,500,000 note for
the Chi Chi Rodriguez Youth Foundation, Inc. The proceeds of the note were used to refinance existing foundation debt
incurred to construct a golf course on a parcel of City owned land. Subsequently, the note was refinanced with Variable
Rate Demand Revenue Bonds (Chi Chi Rodriquez Youth Foundation ProJect), Series 1998, on August 1,1998.
In the event of default, the City is obligated to contribute $1,000,000 out of legally available non-ad valorem revenues.
In addition, the CIty has the option to retire the entire unpaid balance and assume ownership and operation of the golf
course facility. At the present time, management expects the foundation to meet all debt service payments and does not
consider It likely that the City's guarantee will be invoked.
Soil and groundwater contamination site
The City owns a property, currently used by the City Gas Division as its administrative offices and operating facility, that
has been identified as having soli and groundwater impacts in a June' 1990 report prepared by a United States
Environmental Protection Agency contractor. The contamination allegedly resulted from the prior operation of a
manufactured gas plant. Contamination assessment activities by the City were initiated during 1995 and a draft
ContamInation Assessment Report was submitted to the Florida Department of Environmental Protection (FDEP) on
December 29,1999. On March 20, 2000, FDEP requested further assessment be undertaken. On July 25, 2000, FDEP
approved the City's proposed scope of work for additional on and off-site assessment activities. Additional field
activities were initiated In December 2000. As of this date, all additional work has been completed. The supplemental
contamination assessment results were submitted to FDEP as part of the May 2001 and July 2001 site status reports.
The cost of this additional work, Including preparation and submittal of the May and July 2001 site status reports, was
approximately $39,462.
On May 16, 2002, the City received a letter from FDEP requiring additional fieldwork to better define the soil and
groundwater contaminatlon on the site. In September 2002, Clearwater Gas met with FOE? to discuss their May 16"
letter and the future of the gas plant site. In that meeting, it was agreed the City would install seven (7) new monitorIng
wells arid drill twelve (12) soil samples around the perimeter of the site. this additional work will be performed in early
2003, at an estimated cost of $70,000.
Approximately $487,500 has been recovered from City insurance policies to be applied to any required remediation.
letter of Credit Guarantee - soil contamination sites
The City has provided a standby letter of credit In the amount of $463,040 to the Florida Department of Environmental
Protection (FOEP). The letter of Credit is required by FDEP for the City's approximate 41% share of the remediation
costs for three City.owned petroleum contamination sites under FDEP's "Pre-approved Advance Cleanup (PAC)
program. The PAC program awards state funds to assist with remediation of petroleum contaminated sites. The City
has available funds set aside to fully fund the City's commitment of $463,040 under the PAC agreements.
71
City of Clearwater, Florida
Notes to the FInancial Statements
September 30, 2002
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Contractual Commitment - Water and Sewer Utility
Under the terms of a 30-year conlract between the City and Plnellas County, which Is effective through September 30,
2005, the City is required to purchase a minimum of 4 million gallons of water per day on an annual average basis from
the County within each calendar year, with a maximum amount of water available to the City of 10 million gallons per
day on an annual average basis. Effective October 1, 1995, the rate, which Is set by the Plnellas County Board of
County Commissioners (BOCC), was $1.7902 per 1,000 gallons, including a $.60 per 1,000 gallon surcharge for
funding capital projects. On November 19, 2002, the BOCC approved the following rate increases: $1.9334 affective
January 1, 2003; $2.0881 effective October 1, 2003; $2,2969 effective October 1, 2004; $2.5266 effective October 1,
2005; and $2.7792 effective October 1, 2006. The cost of water purchased from the County during fiscal years 2001
and 2002 was $7,305,983 and $7,516,678, respectively.
Contractual Commitment - Parking System
Under the terms of a development agreement, the City has committed to repurchase a beach land parcel at the
appraised amount not to exceed $6,000,000, If the developer Is unable to proceed with the development project by
March 2006. A contingency reserve has been established In the Parking System fund In the amount of $6,000,000 as
of September 30, 2002.
: Grant Revenues
During fiscal year 2002 and prior fiscal years, the City received revenues and contributions related to grants from the
Southwest Water Management District, the State of Florida, and the federal govemment. These grants are for speclrlc
purposes and are subject to review and audit by the grantor agencies. Such audits could result in requests for
. reimbursement for expenditures disallowed under the terms of the grants. Based upon prior experience, City management
believes such disallowances, it any, will not be significant. ' ,
G. Pending Utlgatlon
In the normal course of operations the City Is a defendant In various legal actions, the ultimate resolution of which Is not
expected to have a material effect on the financial statements, other than for amounts which have been reserved and
recorded as liabilities In the Central Insurance Fund.
H: Conduit debt
The CIty has one Issue of conduit debt outstanding as follows:
Original
Issue
Description I Put:pose Amount
Amount
Outstanding
at gl3OO1
Amount
Outstanding
at 9J3OI02
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Drew Gardens Refunding Bonds I Residential rental facility $ 3,425,000 $ 3,090,000 $ 3,040,000
The bonds do not constitute a debt, liability, or obligation of the City of Clearwater, the State of Florida.. or any political
, subdivision thereof and a~ordjngly have not been reported in the accompanying financial statements.
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City of Clearwater, Florida
Defined Benefit Pension Plans
RequIred Supplementary Information. Unaudited
Schedules of Funding Progress:
.Employees Pension Fund
Actuarial Actuarial Actuarial Unfunded AAL
Valuation Value of Accrued Liability Unfunded Funded Covered as a Percentage
Date Assets (AAL) . Entry Age AAL Ratio Payroll · of Covered Payroll
(a) (b) (b-a) (aJb) (c) ((b-a) Ie)
111/1997 $ 272,346,200 $ 297,892,502 $ 25,546,302 91% $ 44,955,345 57%
1/11.1998 $ 308,596,133 $ 333,250,492 $ 24,654,359 93% $ 47,281,198 52%
111/1999 $ 354,088,751 $ 3n,788,731 $ 23,699,980 94% $ 49,666,523 48%
1/1/2000 $ 414,826,422 $ 490,426,940 $ 75,600,518 85% $ 50,937,403 148%
1/112001 $ 461,724,610 $ 535,672,208 $ 73,947,598 86% $ 54,864,584 135%
1/1/2002 $ 491,859,015 $ 533,191,487 $ 41,332,472 92% $ 58,929,582 70%
.EImflghters Relief and Pension Fund
Actuarial Actuarial Actuarial Unfumfed AAL
Valuation Value of Accrued Uability Unfunded Funded Covered as a Percentage
Date Assets (AAL) - Ently Age AAL Ratio Payroll · of Covered Payroll
(a) (b) (boa) (aJb) (c) ((b-a) Ie)
1/1/1997 $ 3,407,925 $ 11,014,979 $ 7,607,054 31% $ 49,044 15511%
1/1/1998 $ 3,626,850 $ 10,565,127 $ 6,938,277 34% $ 50,573 13719%
111/1999 $ 3,963,395 $ 10,473,888 $ 6,510,493 38% $ 15,605 41721 %
11112000 $ 4,092,298 $ 9,746,671 $ 5.654,373 42% $ N/A
1/112001 $ 4,668.572 $ 9,527,303 $ 4,858,731 49% $ N/A
1/112002 $ 5,213,993 $ 8,901,427 $ 3,693,434 '59% $ N/A
· Covered payroUls for the cal.ndar year period used for the actuarial valuation.
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Page 2 of 3
City of Clearwater, Florida
Defined Benefit Pension Plans
Required Supplementary Information - Unaudited
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Schedules of Employer Contributions:
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Employees' Pension Fund
Year
Ended
Sept. 30,
1997
1998
1999
2000
2001
2002
Annual (a)
Required
Contribution
$ 4,398,790
$ 3,080,802
$ 840,558
$
$ 174,377
$
Percent
Contributed
76%
119%
464%
N/A
2440%
N/A
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(b)
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(c)
(a) The actuarlally determined contribution requirements for the CIty's fiscal year ended September 30, 2002
are based on actuarial valuations as of Janua/}' 1. 2001. Since the City's contributions are made during Its
fiscal year, which commences nine months after the date of the actuarial valuations, the City, with approval
of State regulatory authorities, is following the practice of adding interest to its required contributions at the
assumed rate of return on Investments for a period of one year.
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(b) The contribution Is lass than the annual required contribution due to contributions In excess of required prior
to fiscal 1997.
(c) Actual contribution for fiscal 2002 was $4,439,829, as required by City pension ordinance. See Note E (1) .
(a) The actuarlally determined contribution requirements for the City's fiscal year ended September 30, 2002
are based on actuarial valuations as of January 1, 2001. Since the City's contributions are made during its
fiscal year, which commences nine months after the date of Ihe actuarial valuations, the CIty, with approval
of State regulatory authorities, Is following the practice of adding Interest to Its required contributions at the
assumed rate of return on Investments for a period of nine months.
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Page 3 of 3
City of Clearwater, FlorIda
Defined Benefit Pension Plans
RequIred Supplementary Informatlon - Unaudited
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Notes To Schedules Of RequIred Pension Supplemontary Informatfon'
Annual required contributions for the Employees' Pension Fund are calculated using the Entry Age Nonnal with Frozen
IniUal Uablllty method. The initfal unfunded actuarial accrued liability detennined at July 1, 1963 Is being amortized over
a 40.year period; changes made In 1979 and subsequent years whIch have had the effect of either Increasing or
decreasing the actuarial liability are being amortized over a 30-year period from their effective dates In accordance with
State law.
Annual required contributions for the Flremon's Relief and Pension Fund aro based on the aggregate actuarial cost
method, under which the unfunded port/on of the presenl value of the projected benefits Is allocated over the presenl
value of a 6.0% per year Increasing annuity for the remaining years In the 35-year funding period which begin January 1,
1972, pursuant to an agreemenl between the City and the Plan participants. For this purpose, the unfunded actuarial
liability is delermlned after consideration of the available assets at the valuation date. The IncreasIng fixed schedule
produced by this method was established in 1988 and will be modified in the future only to the extent that a current
valuallon indlcales a higher required cost level, or If the resulting cost level exceeds 60"10 of a mill In a curren I year,
The actuarfally determined contributfon requirements for the City's fiscal year ended September 30, 2002, are based on
actuarial valuations as of January 1, 2001. Since lhe City's contributions are made during lis fiscal year, which
commences nine months after the date of the actuarial vaJuatlons, the City, with approval of State regulatory authorities,
Is following the practice of adding Interest to Its required contribullons al the assumed rate of return on Investments for a
period of one year in the case of the Employees' Pension Fund and for nine months in the case of the Firemen's Relief
and Pension Fund.
Slgniflcanl actuarial assumptions utilized In the actuarial valuations as of January 1. 2001, in the determination of the
annual required contribution are as follows:
Employees' Pension Fund
(1) Assumed rate of relum on Investments ot 7.0% per annum.
(2) Projected salary Increase at a rate of 5% per year, Including cost-of.living adjustments ot 3% and merit or
seniority Increases at 2""{'.
(3) Mortality based on the 1983 Group Annuity Mortality Table for Males with female ages set back 6 years.
(4) Pre-retirement withdrawals assumed to occur in accordance with standard scales of moderate turnover rates
(Scale 255) for males and heavy turnover rates (Scale 355) for females.
(5) Pre-retirement Incidence of disability assumed to OCCtJr In accordance with a slandard scale of moderate disability
rates (Class 1, 1952 Inter-Company); rates for females assumed to be twice lhat for malos.
(6) Assumed innatlon rate of 3%
FIremen's Relief and Pension Fund
(1) Assumed rate of retum on Investments of 5.5% compounded annually.
(2) Assumed benefits grow at annually compounded rate of 2% refaled to cost of living adjustments only.
(3) Mortality based on the 1983 Group Annuity Mortality Table for both active and retired; assumed disabled
participants wl1l elCperience mortality according to PBGe Tables 3 & 4 for males and females, respectively.
(4) Assumed no withdrawals win occur.
(5) No acllve participants
(6) . AssOO1ed value of one mln of ad valorem lax win Increase al mte of 5% per year.
(7) Assumed innation rate of 3%
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Significant changes affecting the presented 6-yaar trend InformaUon Include:
(1) The actuarial valuation of the Firemen's Relief and Pension Fund as of Janua/)' 1, 1999 reflected several changes
in actuarial assumptions. An Inveslment yield of 5.5% for both pre and post retirement was assumed whereas the
prior valuation assumed 6.5%. Additionally, benefit Increases of 2.0% were assumed while. the previous
assumption was 4.0%. The Impact of lhese changes increased the unfunded acluarial accrued nabllity by
$212,878.
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Nonmajor Governmental Funds
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Special Revenue Funds
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Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for
particular purposes.
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Special Programs Furid ...,. to account for grants and contributions, the use of which Is restricted for certain
programs.
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Community Redevelopment Agency Fund - to account for receipt, custody, and expenditure of property tax
Increment fun~ associated with related redevelopment projects.
Local Housing Assistance Trust Fund - to account for monies allocated to the City under the Local Housing
[ J Assistance grant, program.
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Debt Service Funds
Debt service funds provide separate accounting records for all debt interest, principal, and reserve
requirements for general government long-term, Debt of proprietary funds is serviced through restricted
accounts maintained within the individual enterprise or internal service fund associated with the debt.
Improvement Revenue Bonds Debt Service Fund - to account for the advance monthly accumulation of
resources by transfer of Public Service Tax revenues from the General Fund and the payment of currently
maturing Installments of principal and interest during each fiscal year.
Improvement Revenue Refunding Bonds Debt Service Fund ~ to account for the advance monthly
accumulation of resources by transfer of public service tax and communications services tax revenues
from the General Fund and the payment of currently maturing installments of principal and interest during
each fiscal year.
Infrastructure Sales Tax Revenue Bonds Debt Service Fund - to account for the advance monthly
accumulation of resources by transfer of sales tax revenues from the Special Development Special
Revenue Fund and the payment of currently maturing installments of principal and Interest dUring each
fiscal year.
Public Service Tax & Bridge Revenue Bonds Debt Service Fund - to account for the advance monthly
accumulation of resources by transfer of public service tax revenues from the General Fund and the payment
of currently maturing installments of principal and Interest during each fiscal year.
Notes and Mortgages Debt Service Fund - to account for the advance monthly accumulation of resources
by transfer of General Revenues from the General and Special Revenue Funds and the payment of currently
maturing Installments of principal and Interest on the various note and mortgage obUgations of tho
governmental funds during each flscal year.
Spring Training Faclity Revenue Bonds Debt Service Fund - to account for the advance monthly
accumulation of resources by transfer of sales tax revenues from the Special Development Special Revenue
Fund and the payment of currently maturing installments of princIpal and Interest during each fiscal year.
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Capital Projects Funds
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Capital proJ~ts funds are used to account for resources to be used for the acquisition or construction of
major capital Improvement projects, other than those financed by propriet~ry funds. A major capital
improvement proJect Is a property acquisition, a maJor construction undertaking, or a major improvement to
an existing facility or property, with a cost greater than $25,000 and a minimum useful life of at least five
years.
Sales Tax Revenue Construction Fund - to provide separate accounting records for the financing and
construction of the entryway and roundabout at Clearwater Beach, a new Main Ubrary, and a new Memoria)
Causeway Bridge.
Community Sports Complex Construction Fund - to provide separate accounting records for the financing
and construction of a new community sports complex Including a new spring training facility to be used by the
Philadelphia PhUlles major league baseball organization.
79
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, ASSETS
Cash on hand and in banks
Equity in pooled cash and Investments
Receivables:
Mortgage notes
Rehab advances
Other
Investments
Due from other governments. grants ,
Land held tor resale
Total asaels
City of Clearwater, Florida
. Combining Balance Sheet
NonmaJor Governmental Funds
September 30, 2002
Special Revenue Funds
Community Local Housing
Special Redevelopment Assistance
Programs Agency Trust Total
$ $ 100 $ $ 100
",625,208 1,691,027 6,316,235
.,682,649 .,223,298 8,905.947
48,882 33,744 82.626
15,023 94,179 109,202
656,591 113,365 769,956
84,701 913,641 998,342
$ 10,113.054 $ 1,007,920 $ 6,061,<434 $ 17.182,408
$ 81,509 $ $ 9,152 $ 90,661
26,911 26.911
372 372
312,371 781,653 1,093,924
134,966 134,966
264.514 264,61"
492,524 492,524
958 94,179 88 95,223
.422,121 986,1 B3 790,791 2.199,095
UABlLmES
Accounls and contracts payable
Accrued klteresl purchased
AocIued payroU
Due to other governmental enti1IQS
Construction escrows
Due to other funds
Due to other funds (dellcilln pooled cash)
Advanals from OCher fund$
Oetened revenue
Total UabIUes
fUND BALANCES
Reserved tor:
Encumbrances
Advances and notes
Grant programs
Debt service:
CUrrent requIr8ments . pMcIpaI
Current requnmentl . interest
Fulure requlrwmentl
Unres8lVed, unMtignated
Tolal fund balances
TotaIllablltiua and fund b8Iances
21,737
21,737
8,481,986
2,016,840
",258,688
2,016,840
4,223,298
1.0.47,345
5.270.643
6,081,434 $
4,462,750
14,883.313
3,415.405
9.8&0.933
21,737
1,007,920 $
10,113,054 $
s
17,182,408
The notes to the financial statements are an Integral part of this statement.
80
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81
Clty,of Clearwater, florida
CombinIng Statement of Revenues, expenditures, and Changes In Fund Balances
NonmaJor Governmental Funds
For the Vur Ended September 30, 2002
Specf" Revenue Funds
Community Local Housing Improvement
SpecIal Redevelopment Aalstanc:e Improvement ReVlllUl
Proaral1ll Agency Trust Total RevenUl Bonds RefundllllJ Bonds
REVENUES
Inlergovenvnental $ 3.210,310 S 373.583 $ 1.188.126 S ".772,019 S S
Charges lor 881V1cea 576,71" 576.714
fines and forfeitules 600,G87 500.987
Interest Inoome 233,730 50.123 76.176 362.029 1 ,209 50,672
MlaceUaneoul 1.660,880 234.348 1 ,895,228
Total rewnuea: 8,182,621 658.054 1.266.302 8.106,977 1.209 50,672
EXPENDITURES
Current: .
General government
p~ safety
Physlcallll1Yirtlnment '
Economic environment
Human services
Cullure III1d recreallon
Deblservlce:
Prtnclpa/
InllreSl & t1scal charges
Bond Issuance OOllte
, CapItal outlay
T olal ellp8t'ldltunla
. ExceSl (deficiency) of revenues
C1Jer I (undef) ~
OTHER FlNANCINO SOURCES (USES)
Tranafe" In
Trana/elS out
Long term debt Juued
PtOCHdI or rwtundPg bonds
, P,emllm (dilCCllft) onl'eWllUI bOOda lllued
Payment 10 r8fundId bOnd IIClOW IIQIIll
T~ oIler~ IOUlllft (....)
Net change In tund baIInCeI
ARt ballnc:ll - begIl",i11Ig." mta'-d
F~ball~I'~ S
89,542
382,129 .,
147,(165
-
818.736
(668.064)
705,251
11,345.499
(49.128)
(10,270,882)
1.730,_
442.844 (829.470) (100.125) 13.349 84,545
87.487 18,424 _31M 837,305 (220,868)
8.623.448 2.313 4.420,248 14.048.008 23>.868
D.88O,133 $ 21.737 S 5,270,1143 S ''''883.313 S S
1,162,875 ~ I
1,'82.875 S ;. J
The noIeS to the finInclll sta1ennts .,. an Integral palt of .. alatemlnl
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Debl Service Funds
CapItal ProJecl Funds
ToUll
NonmIIJor
Governmental
Funds
Infrastructure
SIII.s Tn
Revenue Bonds
Public Service
Tax. Bridge
Revenue Bond,
Spring Training
FllClllty
Revenue Bonds
Community
SlIes Tax Sport.
Revenue Complex Total
NoleS
and
Mortgeges
Total
5,000,000 S S $ 1.087,654 $ 6.087,654 $ $ $ $ 10.859,673
{ , 578,714
5OO.1l87
178,280 2.010 60,271 290,442 1,065,005 1,065.005 1,717.478
4,000 4.000 1,899,228
r 5,176,280 2.010 1,147,925 6,378,096 1,069,006 1,069,005 15,554,078
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168,515
2,472,.483
927,341
1,648.730
126,938
18,913 18.913 1,451.761
73,739 1,304.501 1,751,269 1,751.26V
1,873,483 1.340 201.321 2,461,198 2,461,198
3,185 208,746 368.996 358,11II6
. . - 3,<101.374 4,117.620 7.518,9lU 7,938,182
1.878.668 76,079 1.505.822 208.748 4,671.463 3.<101.374 4.136.533 7,637.907 19,292,391
3.299,812 (73,08V) (1.505,8221 939.179 1,806,633 12.332.389) (4.138.533) (6,489.9021 <3,738.313)
1.oeo,693 6,836 1,605.822 3,342,047 4,688.417
(63,812) (69,612) (1,387,833)
216,438 215,43& 14,694.662 14.694.682 14,1110,000
11,345.489 11,345,_
(49,129) 530,013 690,013 _,lI84
(10.270.882) (l0.27o.e82)
1,060.693 (47,778) 1.605.822 21 6.438 4alMi81 1S,12<t,675 15, 124,675 19.861 ASS
4,360.205 (120,846) 1,1&4,611 e,338.11M (2,332.389) 10,988.042 8.156,873 15.828,172
651.024 120.845 647,912 1.&40.439 14.167.707 14.187,707 29,754,154
4,911.m $ S 1.802.629 S 7 ,87USS S S ,
$ 11,1136,338 S 1D.988,042 22.823.380 S 45.tl83.328
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.84
"
ROLL NO.
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City of Clearwater, FI~rlda
Combining Statement of Revenues, Expendlturo., and Changes In Fund Balances
Nonm.Jor Governmental Funds
For the Vear Ended September 30, 2002
Special Revenue Funds
Convnunlty Locat Houslng Improvement
Special Redevelopment AssIstance Improvement Revenw
Programs AgencY Trust Total Revenue Bonds RefundIng Bonds
REVENUES
Intergovernmental $ 3.210,310 $ 373,683 $ 1,188,126 S 4,772,019 S S
Charges for 88lVioes 576,714 576,714
fines and forlellunls 500,i87 600,987
Inte/8llt Income 233,730 50,123 78,176 362,029 1,209 50,672
Miscellaneous 1,660,880 234.:wa t .895.228
Total rewnuea: 8,182,621 858,054 1.266,302 8,106,977 1,209 50,872
EXPENOITURES
Cumlnt: .
General government
PdlIc safety
PhyIicaJ envlroMlent
Economic environment
Human services
CulIu... and recreation
Debt service:
PllnclpaI
Interest & fiscal charges
Bond Issuance ooa\4
, CapItal outtay
T alai ellp8ndlturoa
" Excess (deliclency) of nMtruss
fNfJ( I (under) ellp8l1dilufea
OTHER FINANCING SOURCES (USES)
Transfen In
Tranafen 0Ul
long ...m debt Issued
Pnx.eds of Ntundlng llondI
, PrenUn (cUoaonI) on IW8fIIJe bondllltued
Payment to I8fundlId bond elClOW agent
T~ oller fNnc:Ing IOUICft (lINt)
Net change In fUnd bUIncn
Funclbalancel- begk..lll..........
FWUi baIanoIl . encIng .
89,542
382,129
147,065
-
818.736
C568.0841
-"2,844 (329,470) (100.125) 13.349 84,5C5
87,487 18,424 8SJ,3M 837,305 (220,868)
U23,44e 2.313 . ~,420.249 14.048,008 23).858
11.810.833 $ 21,737 $ 6,270,1S43 S 14,V83.31S $ S
The noles to the llnancial statements are an Integrll part c1"lIatemenl
"82
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City of Clearwater, Florida I
Schedule of Revenues, Expenditure!', and Changes In Fund Balances -
Budget and Actual (GAAP Basis) I
Community Redevelopment Agency
For tho Year Ended September 30, 2002
,
I
Variance with I
1
Budgeted Amount. Final BUdget
Aotual Posltiv. I
OrIgInal FInal Amounts (Negative)
REVENUES
Intergovernmental $ 332,520 $ 373,683 $ 373,583 $
Interest ncome 16,000 16,000 50,123 35,123
Miscellaneous 112.911 118,362 234,348 115,986 I
Total revenuos 0460.431 506,945 658,054 151,109 ,
EXPENDITURES 1
Current. Economc environment 236.393 388,414 309,160 79,254
i
Total expenditures 236.393 388,414 ' 309.160 19.254 I
Excess of revenues over expenditures 224,036 118,531 348,894 230,363 I
OTHER FINANCING SOURCES (UseS) I
Transfers In 30<4,784 334,183 334,783 I
Transfers out (528,822) (453,314) (664,253) (210,939)
Total other tnanclng sources (uses) (224.038) (118,531) (329,470) (210.939)
Excess of revenues end other sources
over expenditures end olller USGS 19,424 19,4204
Fund balances. beginning, as restated (see Note II - C) 2.313 2,313 2,313
Fund balances. ending $ 2,313 $ 2,313 $ 21.737 $ 19,424
The notes to the flnanclal statements are'an Integral part of this statement.
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NonmaJor Enterprise Funds
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Enterprise funds are used to. account for the financing, acquIsition, operation, and maintenance of
govemmentat facilities that are supported primarily by user charges.
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Recycling Utility Fund -' to account for the financing, processing, operaUon and maintenance of the City's
recycling service from charges made to users of the services and funds received from the sale of recyclable
commodities processed to meet market requirements. The service area extends beyond the City limits '
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Marine & Aviation Fund - to account for the financing, operation and maintenance of the City marina and,
associated real propertY on Clearwater Beach from rents collected from users; and to account for the City's
airpark operations.
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Parking System Fund . to account for the financing, construction, operation and maintenance of the City's
parking system, Including on. and off-street parking on Clearwater Beach and Downtown Clearwater, from
parking charges.
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Harborview Center Fund. to account for the operation of the City's convention center and related facilities.
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City of Clearwater, florIda
Combining Statement of Net Assets
Nonmajor enterprise Funds r 1
September 30, 2002 , ;
, .
Recycling Marine a Pari<lng Harborvlcw
Utility Aviation System Cenler Total ;:
. :
ASSETS ;. )
Current assels:
Cash 00 hand and In banks $ $ 817 $ 22,050 $ 100 $ 22,967 .' 1
Equity in pooled cash and Investments 1,439,611 471,487 2.342, 160 108.064 4,361,312 : j
Accounts and contracts receivable:
BlUed 68,653 196,257 264,910
Unbil1ed charges estimated 134,325 134,326 f 1
202,978 196,257 399.235 ~ }
Less: Allowance fOf uncollectabfe accounts (3,780) . (3.780)
Total receivables, net 199,198 196.257 395,456
~ ... i
Due from oIhef' funds 1,067,672 989,073 1.614,166 3,670,911 : i ~
Due from oIher governmental entitles 103,498 103,498 i
I
Invenlorles. at cost 28,~09 26.409 I
Total current assels 2,706,481 1,487,788 4,081,864 304,421 8.580,652 ~ ,
Noncurrenl 8S1811: I I
Aestrictect. I
Equity In pooled cash and Investmenll 18,373 16,373
Investments 9,487 9,487 r \
, I
Due from oIher funds 7,500,000 7.500,000 i J
Net pension asset 221,354 146,975 143.086 511.416
Qap/lalassels: : 1
Land and other nondepreciable assets '1,106.482 ~,OOO 2,032,482
Capltlll aaaeII, net 01 accumulated depreclatJon 1,182,031 1,991.644 2,448,304 9,868.786 15,486.786 : ,
: J
Total noncurrent usel1l 1.403,385 2, 138.819 11,221,732 10,792,786 25,558,522
Tol.aI easels 4.109,866 3,62e,<40!5 H5.303,696 11 ,097 ,207 3.4, 137,074
. ,
UABILmES i
I
Currenlllabllilles: ' ,
Account. and contractl payable 10,835 42,266 38.710 619,561 717,372
AccI'Ulld payroll 18.879 15,085 15,720 47,684
Accrued COfl1llK1lllted abHnc:es 63,797 48,763 37,303 137,853 i
Out to olh8l' funds 59,602 59,602 \ j
DoposilS 18.813 2,063 105,163 128,039
Deferred revenue and 118111 2.892 12,500 15,392 ' I
Current portion of Iong-temllabllllle.:
Revenue bondl 7,956 7,966
Not", loan pool agreement and ac:qullllion conneta 152.655 162.665
TocaI currert lIabIllIIel (payable from current aaaeta) 89,511 182.519 2515.199 737,224 1.264.463
CUr/8~ labllllln (payable from restricted a..eII): , j
AccnItd InterHl payable 626 525
Note.. loan pool agreement and acqulllllon conlr8cll 3,638 3,836 : ,
Curr.nt poltlon of \ong-tIIm IIIbIIitIes, reveooe bonds 16.IU2 15,912 : I
ToeaI cxmnt IablItIII payable from m1IIcted ....IS 3.838 18,437 20,073 " I
TcIaI Cunwnt IIIlblItiM 83.147 182,1518 271.838 m .224 1.284,628
Noncurrd RabMIn: I
Rave... bondt (nt' of lI'18mOIInd dIIcourU end , I
deflnwd amount on refunding) 78,183 78, 183
NoIaa, loan pool agreement and ecquIaIIIon conlmc:tl 9.808 411,<401 421,2107 I
Advancetl from olIlIr fundi 1180204 4,000.000 4,119.204 I
,
ToeaI non-<:urm1l ...... 8,808 1180204 4,487 ,&64 4.818,1574 I }
ToIaIlIab... 102,853 301,723 4.788.200 737,224 5.901,100
Net ......:
Invested In capital...... (net of related cIIbI) 1,168,l589 l,991.e44 2.888,799 10,712.78& 18,841.818 . )
Restrk:ted lor:
Revefue bond debt NMce .00 alnIdng fund reqtirements 9.408 9,4011 [ J
Ef11JloyMs' pInIlon benefb 221,354 148.W5 143.088 611,416
Unreatn::ted 2,818,870 1,188,063 7,!lO3,103 1432,8(3) to,873,333
Total net ..sets S 4,008.813 S 3.324.682 S 10,544,396 S 10.359,983 $ 28,2315,874
The noIet 10 Iht finlnclalltatements are an Integral part of 1hI. atate~ '88
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city of Clearwater, Florida I
i
U Combining Statement of Revenues, Expenses, and Changes In Fund Net Assets I
NonmaJor Enterprise Funds i
For the Year Ended September 30, 2002 J
I
,
[1 Recycling Marine & Parking Harborvlew j
l ! Utility Aviation System Center Totals I
I
Operating revenues: I
f '! Sales to customers $ 743,826 $ 1,523,na S $ $ 2,267,604 i
Service charges to customers .
9,844 175,300 185,144 I
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User charges to customers 1,417.480 55,704 3,865,335 5.338,519 I
I
Rentals 1,167,188 11,425 1,871 ,730 3.050,343 ;
i
Tolal operaUng revenues 2,171,150 2,746,670 4,052,060 1,871,730 10,841,610 !
Operating expenses: I
( '! Personal services 808,586 745,183 766,078 2,319,847 I
1 Purchases for resale 187.317 1,135,044 887,337 2,209,698
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l i Operating materials and supplies 49.595 186,504 163,745 29,968 429,812 I
Transportation 253,440 6,476 58,665 26,047 344,628 I
f~ Utility service 6,882 146,467 39,7.' 128,439 321,529 I
Dumping charges 0 I
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Depreciation 226,158 295,782 229,709 553,176 1,304,825 ,
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, ~ Interfund admInistrative charges 439,860 262,990 785,050 16,900 1,504,800 ,
L Other current charges: I
J
Professional fees 61,557 740,373 875,723 1,an,653 I
Advertising 367 18,895 1,290 14,933 35,485
f . Communications 7.059 25,322 14,190 27.908 74.479
I ,; PrInting and binding 1,799 870 4,001 6,670 I
Insurance 39,160 43,380 22,380 20,870 125,780
r . Repairs and maintenance 5,701 105,678 16,120 74,285 201,754
t i Rentals 2,054 1,154 160,097 1,072 164,377 I
MIscellaneous 10,422 42.120 198 14,809 67,549 I
I . Data processIng charges 27,980 29,070 28,520 85,570
I , Taxes 236 18,209 18,....5 I
Provision for estimated WlCollectable accounts 4,298 18,281 23.1549 I
Total olher current charges 97,031 329,211 984,038 1.071,031 2,481,311 I
r I Total operating expenses 2.068,869 3,107,657 3,027,028 2,712,808 10,"'0.460 I
L I
Operating income (Joss) 102,281 (360,987) 1,025,034 (84'.168) (74.840) i
I
U Nonop....t1ng revenues (expenses): r
Earnings on Invssbnenls 94,786 43,905 239,851 31,060 410,002
Interest expense (493) (11,717) (31,597) (24) (43,831)
Amortization of bond discount and Issue costs (1,484) (....84)
,., Gain (loss) on exchange of assets (4,380) 68,676 (1,980) 02,310
II O1her 508,043 44,857 183 552,803
Total nonoperating revenue (expenses) 89,913 608.907 249,247 3',788 m.eee
Income (loss) before transfers 192,1~ 247,920 1,274,281 (809,388) 905,028
U Transferlln 1,500,000 178,S70 1,071,S70
Transf.rs out (115,490) (118,000) (231,0&80)
U Changes In net assets 76,704 131,920 2,774,281 (830,608) 2,362,208
Total net assets . beglMlng, 88 previously reported,
.\ before adjuslment for GASB 34 Implementation 3,810,361 2,224,970 6,647,249 (3,056,705) 9,625,875
Adjustment for implementation of GASB 34 - elimination
f ! of contributed cap/tal 251,057 1,533.095 1,135,005 14,134,472 17,053,629
I . Adjustment for change In accounting prlncfple - change
t. ; In caplla1lzatlon thresholds (131,209) (665,303) (12.139) (87.085) (795,736)
f I Total net assets. beginning, a8 restated 3,930,209 3,192.762 7,770,115 10,990,682 215,883,768
I : Total net assets. ending $ 4,008,913 S 3,324.682 $ 10,644,396 $ 10,359,983 S 28,236,974
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The notes to the flnandal statements are an Integral part of this statement.
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City of Clearwater, Florida
CombInIng Statement of Cash Flows
NonmaJor enterprise Funds
F~r the Year Ended September 30, 2002 ~:-1
Marine & Harborvlew ' .
Recycling Parking . I
Utility Aviation System ' Cenler Total.
l!
CASH FlOWS FROM OPERATING ' ,
ACTlVITI1!8 \ J
Calh ,ocolYod lrom customors $ 2.134,982 $ 2,747,082 $ 4.052,311 $ 1,6-40,828 $ 10,775,203 ~ ,
COsh ,oooIvod lrom other lunda I ~
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Calh plymentl 10 IUppl"'" (326,957) (2,15t,~) (1,015,797) (1.912.513) (5,406,911) . I
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CIIah paymentl 10 OmploYOOI (884,118) (774,825) (814,533) (2,453,476)
Caah paymenta to olller lunds (739,509) (106.047) (898,618) (73.167) (1,817,341) : 1
Olhe, reVCIflUOI 508,043 44,657 163 552,863 , i
Net C41ah provided (Uled) by operating actlvltln 204.398 222,609 1.368.020 (144.689) 1,650,338 i j
CAlli FLOWS FROM NONCAPITAL r 1
F1NANCINQ ACTIVfTll1 i1
Operating Il'Inllol'lln 68.676 1,500,000 178,670 1,747,346
Opel'lllng t'ftnal.1'I out (115,490) (116,000) (1,980) (233,470) f 1
Inlo,elt plkf (24) (24)
Reoelt>t 01 C.III on 1011II lanrem 01tMH Iundl 357.746 4,321.369 4,679.115 1 j
Paymonl 010.,/1 on lo.In,'oIfrom olher lunda (521,714) (7.975.044) (8,496,158) I
I
Nel calh provided (uMd) by J ) I
noncaplllllln.nclng actMUel 242.256 (569.038) (2, 155,655) 178.646 (2,303,791 )
CASH now. '''OM CAPITAL AND i
I
RELATED FINANelNQ ACTIVITIES 1 I
P,lnclpal plymentl on debt (1.902) (198,356) (200,258) J
Int.re" p.kf (36.533) , I
(493) (11,718) (48.744) f
Acqul..1on of bod 011011 (512,587) (68,676) (79,066) (7.549) (667.878)
all. of bid "'HII 2.051 1.980 4,031
Proc.ed' lrom "IUanoo 01 debl 13.442 13,442
Net calh (used) IOf capilli and
related t1nanc:tlg actlvlU.. (497.587) (82,296) (311.975) (7.549) (899.407)
CASH FLOWI fROM INY..TlNQ
Acnvme.,
InIGre" on Inv.llmenll 94.788 43,905 239.651 31.660 410,002
Net cath provldod by rrw..lI~ actlvll.1 M.71lS 43,905 239.651 31,660 410,002 I j
Net Inc..... (deaNa..) In cash II1d ~ah equlvalllflll 43,8S3 (384,820) (859,959) 58.068 (1,142,858)
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Cash and oelh equlvalenll II beginning 01 v-ar 1,395.758 857,124 3,240.532 50,096 5.543.510 I
CMh and c:alh equlvlllflll at end of year . 1.~,611 $ 472,304 $ 2,380.573 $ 108.164 $ 4.400,652
t1
Calh and cuh equlvlllntl oludled u:
CUI! on hand and In banka S $ 817 $ 22,050 $ 100 $ 22,1187 \
Equity In pooled oalh and lnYeamentl 1,431.011 471.487 2,342, 1!lO 101l.084 4,381,312 1
,
Rntrioled equity In pooled oath and InvnlrMnls 16.373 16.373
Total calh and cah equlva1en18 S 1,431,111 S 472,304 S 2,380,573 . 101l.1M , 4.400.852 1 1
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The nolello th. IlnandaI llalemen" ... an IrWgnII patt of Ihlllt8Clment. f
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City of Clearwater, florida
CombinIng Statement of Cash Flows
Nonmalor EnterprIse Funds
For the Year Ended September 3D, 2002
Recycling
Utility
Marine &
Avlallon
The nol.. 10 thlllnanclalllalomenla are an Inlegral part ollhlt stalemenL
91
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Partllng
System
Harborvlow
Cenler
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Totals
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Internal Service Funds
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Internal service funds are used to account for services and commodities furnished by a designated
department to other departments within the City or to other govemments on a cost reimbursement basIs.
Garage Fund ~ to account for the cost of automotive and other motorized equipment of the City. The
acquisition cost of new or upgraded equipment Is financed through user departments and the asset value, Is
slmu~aneously contributed to the Garage Fund. The cost of replacement of existing equipment is financed
by the Garage Fund.
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Administrative S9fVices Fund - to account for various support activities including information technology,
printing, mailing, and telephone services. The cost for these services Is charged to user departments based
on the cost of providing units of service.
General Services Fund - to account for various support activities Including bunding maintenance and
custodial services for all City departments and facilities. The cost for these services is charged to user
departments based on the cost of providing units of service.
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Central Insurance Fund - to account for the City's limited self-insurance program wherein all funds are
assessed charges based on damage clams incurred Bfld on managemenfs assessment of individual funds'
risk exposure. All claims and premiums are paid out of this fund, together with other costs necessBry to
administer the program. Medlcallnsurance premiums are also paid from this fund.
93
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r oJ City of Clearwater, Florida I
Combining Statement of Revenue, Expenses; 8rxr Changes In Fund Net Assel!
Internal Service Funds
f"l For the Year Ended September 30, 2002
Governmenlsl BusIness-type
f' General Central Activities Garage Admlnlalratlve AclIvIUea
} Operallng revenues Services Insurance Total Fund Services Tolal
Billings to departments $ 2,946,166 $ 11,584,366 $ 14,530,532 $ 8,3n,343 S 7,603,910 $ 15,981,253
r) Operallng expenses:
l; Personal services 1,383,785 399,989 1,783,n4 1,788,597 3,346,059 5,134,656
Purchases for resale 1,966,455 1,966,455
r i Operating materials and supplies 202,411 3,238 205,649 86,274 190,321 276,595
Transportation 90,296 6,763 97,059 6,266 80,588 86,85-4
l : UtiDty service 353,016 353,016 88,058 4,925 90,983
Depreciation 12.452 6,569 19,021 3,095,639 625,096 3,820,735
,. , Interfund administrative charges 229,800 27,760 257,560
I ' Olher current charges:
I
Professional fees 57,055 57,055 174,313 18~,O29 362,342
Advettlsklg 150 150 525 525
r Communications 38,737 11,997 50,734 26,059 1,289,746 1,315,805
l: Printing and binding 435 1,581 2,016 652 41,496 42.148 I
Insurance I
f 0 Premiums 23.050 8,188,704 8,211,754 273,990 42.430 316,420 i
Claims Incurred 4.381,086 4,361,088 607,544 607,5404 I
l Repairs and malnlenance 576,933 11,1911 587,132 593,841 593,841
Rentals 6,610 1,178 6,858 1,584 144,269 145,843 I
1
f ; Miscellaneous 20,123 29,921 60,044 22,038 113,944 135,982 I
Data processing charges 40,540 16,620 57,160 124,260 233,920 358,180 I
~_.
Taxes 6,248 8,248 I
I
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Total other currenl charges 704,498 12.679,489 13,383.987 1.236,688 2,8411,190 3,884.878 .
f : I
l.. Total operating expenses 2,748.458 13,0116.048 15.842,S06 8.495,m 6,822.939 16,318,716 I
Op9rallng Income (Loss) 199.708 (1.511.682) (1,311,974) (118.434) 780.971 662,537 I
fl Nonoperating revenue. (open...)
Earn/ngs on Invesbnents 34,332 1,051,248 1,085.578 139,SlO6 63,223 203,129 I
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Intereat expenle (290,131) (71,944) (362,075) ,
Gain (loss) on exd1ange of assets 198,On (330,848) (134.771)
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u 0Iher 258 259 182.428 3 182.429
Tote! nonoperali1g revonuo (expenles) 34,591 1,051,248 1.085,637 228.278 (399.588) (111.288) I
Income (IoIs) before transfers 234.299 (460,438) (226.137) 109,844 441.405 651.249 I
I "; I
lJ Transfers In 155,710 155,710 881,553 22,813 904,188 I
Transfers out (25.883) (ao.ooo) (106.683)
(25.683) 75.710 60.027 881.563 22,813 lI04,188
I : Change In net assets 208.818 (384,726l (178.110) . 991,397 484.018 lA55,415
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Tot" net UMta . btglmlng, .s prevfoualy repot1ed;
before adjuatmenl for GAS8 34 Implementdon 1,110.840 13.818,508 14.930.149 5,278;518 2,287,284 7.545,802
f! Adlustmtnt lor Implementallon 01 GABS 34 . eImlnallon
Li 01 contrIbuled c.pItIII 8,415 728.449 734,864 3,754,841 49,722 3,804,583
Adjusbnent lor ctwlge In accounltlg principle. change
! ! In capItaIzaIIon threlholds (40,787) (10.820) (51.407l (404.363) 220,098 (184.26fil
,
, , Total net ....t. . begInning, .. reatllCed 1,078,288 14,s37,33S 15,813,608 8,828,998 2,537,104 11.168,100
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Tot" net .... . ending S 1.284,814 . 14,1SU12 . 15.437.498 S 9.820,393 . 3,001.122 . 12.821.515
Tho oot8110 the financial .tatoments are an Integral pllJt of lhllllatemtnt.
95
City of Clearwater, FlorIda
Combining Statement of Cash Flows ;~l
Internal Service Funds ,
For the Year Ended September 30, 2002 i
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Governmental BuslllQa.type I'!
Goneral Central AcUVItIes Garage Administrative ActIVlUe. ' I
Services Insurance Total Fund Services Total ! )
CASH FLOWS FROM OPERATING
ACTIVITIES ,t
Cash received from other funds S 2,948,166 $, 11,584,366 $ 14,530,532 $ 8,3n,343 $ 7,603.910 $ 15,981,253 ;
Cash payments to suppliers (1,205,796) (11,067,229) (12,273.025) (3,897.665) (2,327,698) (5,225,263) i ; i
C,ash paymenls to el1llloYees (1,460,434) (440,486) (1,900,920) (1,882,871 ) (3,566,586) (5,449,457) I
I
Cash payments 10 other funds (160,762) (42,723) (203,485) (263,636) (618,435) (882.071 ) n j
Other revenues 182.427 3 182.430 : !
Net cash provld~d by operating activlUes 119.174 33,928 153,102 2,515.698 '1,091,194 3,606,892 I j .f
CASH FLOWS FROM NONCAPITAL r , t
' ;
FINANCING ACTlVmeS " I
.. I
Operating transfers In 155,710 165,710 888,080 22,613 910,693 J , I
Operatfnll ttansf8t'll out (25,683) (80,OOC)) (105,683) I
Receipt 01 cash on loans toIfrom other funds 877,065 677,065 167,646 167,648 1 I I
Paymenlol cash on loans IoIIrom other funds (239,681) (2.000,000) (2,239.681 ) (377.572) (377,512) i J I
Nel cash provided (used) by
noncap/lBI floanclng activities (265,964) (1,047,225) (1,912,589) 1,055.726 (354,959) 700.767
: 1 I
CASH FLOWS FROM CAPITAL AND I
RElATeD FINANCING AcnYITlES I
Prirqlal payments on debt (273,518) (273,618)
Interest paid (290.131) (71,944) (362,075) [ J I
Acqlislllon 01 ftxed assets (6,848) (6,648) (3',674,464) (530,914) (4.205,376)
Sale of fb!ed assel8 259 259 269.578 28lI.578 j
Proceeds frem Issuance of debt 25,682 25.682 671,164 218,465 889,829 . , I
Nel cash provided (UllCld) for capItaJ and I I
related financing ac:lIviIIes 19.293 19,293 (3,023,653) (657,911) (3,681,784) I
CASH FLOWS FROM INVESTING , ,
Acnvmes
Inlllres! on Inveslments 34,332 1,051 .247 1,085.579 139,906 63,223 203,129
Nel cash provided by Invedng activilies 34,332 1,051,247 1.085,57V 190.906 63,223 203,129
Nellncrease (deCflase) In cash and cash equJvalen1s (92,565) 37,950 (54,615) 6fT1,4n 141,547 82lJ,024 ,...
Cash and cash equlvllent. at beginning of year 747.078 19,685.924 20.433,002 3,188,897 791.223 3.878,120
Calli and cash equivalent. at end of year S 684,513 , 19,723.874 S 20.378,387 S 3.874.374 S 932,nos ' ...eo7.1"-
Cash and cash equivalents c:lassllled as:
Cash on hMd end In bInka S S S S S 1,900 S 1,900
Equity In pooIId cash and InYeSlmlntl 6&4,513 1U23,87.. 20.376,387 3,874,374 D3Q,870 4.8011.244 J
Total cash and cuh eqUvalen18 S 854,513 S 19,723.874 S 20,378,S87 $ 3.874,374 S 832,770' 4,107,144
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The notes 10 the linandal statements _ an Integral part 01.. .talement. \ ;
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RVCQnclllaUon of op.,IUng Income 'to nol
cash provided by operating IcllvlUes:
Operating income (loss)
Adjustments 10 reconcila opiratlng income
10 oei cash provided by operating activities:
Other I8venue Irom nonoperating
section 01 Income statement
Depreciation
Change in assets and Iablnlies:
DllClease In accounts receivable
(Increase) In Inventory
(Increase) decrease In prepaid elCpenses
Increase (decrease) In accounts and contracts payable
(Increase) In nel pension asset
Increase (decrease) In accnJed payroll
Total adjustments
Net cash provided by operating activllles
Noncaah Investing, capital and financing IICtlvltlas:
Gain (loss) on exchange 01 assets
City of Clearwater, florida
Combining Statement of Cash Flows
Internal Service Funds
For the Year Ended September 3D. 2002
General
Servlcos
Governmental
Actfvlll8a
Total
Central
Insurance
S 199,708 $ (1,511,682) $
(1,311.974) $
Garage
Fund
,
BuslnC5S-type
Admlnlslratlve ActIvltle.
services Total
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(118,434) $
78O.97t $
662,537
182,427 3 182,430
12,452 6.569 19,021 3,095,639 525.096 3.620,735 1
76 76 I
(J 09,91 0) (109,910) I
142 (423,032) (422,890) i
(16,478) 2.002,570 1.986,092 (439,750) 5,575 (434,175) I
(81,761) (25,201 ) (106,962) (117,601) (234,082) (351,683)
5.111 (15.296) (10,185) 23,327 13,555 36,882
(80,634) 1.545,610 1,465,076 2,634.132 310,223 2.944,355
S 119,174 S 33,928 $ 153.102 $ 2,515,698 $ 1,091.194 $ 3,606,892
$
s
$
The notes 10 the flllanclalstatements are an Integral part of Wlls IItalemenl
97
S 196,077 $ (330,848) $ (134,m)
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Fiduciary Funds
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Fiduciary Funds are used to account for resources that are managed in a trustee capacity or as an agent for
other parties or funds.
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Employees' Pension Fund - to account for the financial operation and condition of the major employee
retirement system,
Firemen's Relief and Pension Fund . to account for the financial operation and condition of the Firemen's
Relief and Pension Fund, closed to new members in 1962, containing 48 retired members and no active
members.
Police Supplemental Pension Fund - to account for the financial operation and condition of a supplemental
pension plan funded by the State for swom police officers.
Firefighters Supplemental Pension Fund - to account for the financial operation and condlUon of a
supplemental pension plan funded by the State for firefighters.
Treasurer's Escrow Agency Fund - to account for the receipt, custody, and expenditure of funds held
temporarily In trust for other parties.
99
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City of Clearwater, Florida
Combining Statement of Fiduciary Net Assets
FJduclary Funds
September 30, 2002
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The nolBs to the financialstalemenla 418 .... Inlegral part of this statement
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City of Clearwater, Aorlda i
Combining Statement of Changes In Fiduciary Net Assets f
Fiduciary Funds
( '1 For the Year Ended September 30, 2002 I
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Defined Benefit Defined Contribution I
r ! Pension Trust Funds Pension Trust Funds
Police Firefighters I
Employees' Firemen's Supplemental Supplemental Totals i
ADDITIONS
{ l
I ContrlbuUons:
i Contributions from employer $ 4,439,829 $ 1,153,732 $ S $ 5,593,561
Contributions from employees 5,069,687 5,069,687
State of Aorlda 12,279 770,578 594,442 1,3n.299
Total contrlbutlons 9,521,795 1.153,732 770,578 594,442 12,040.547
r ' Investment Income: I
: Net appreciation (depreciatIon) In I
L fair value of Investments (38,646,780) 5,110 (814,244) (1,249,883) (40,705,797) I
Interest 9,950,728 279,213 156,330 192,709 10,578,980 I
r ' DivIdends 1,604,202 85,182 1,689,384 I
I I
,
. (27,091,850) 284,323 (657,914) (971,992) (28,437,433)
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Lesslnvesbnentexpenses: I
Investment management I custodian feGs 1,747,215 87,589 86,578 1,921,382 i
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L Net Investment Income (loss) (28.839,065) 284,323 (745,503) (1.058,570) (30,358,815)
r: Total additions (reductions) (19.317,270) 1,438,055 25,075 (464,128) (18,318,268) I
I
DEDUCTIONS I
[ I i
Benefits end w"hdrawal payments: I
Benefits 12,029,344 940,706 623,946 492,015 14,086,011 I
Withdrawal payments 549,742 549.742 !
1 ! Total benefits and withdrawal payments 12,579,086 940,706 623.946 492,015 14,635,753 r
I ;
Income (loss) bolore administrative expensos (31,896,356) 497,349 (598,871) (956.143) (32,954,021)
L AdmInistrative expenses 313,118 3,515 7,143 10,066 333,842
Net Increase (decrellSe) (32,209,474) 493,634 (606,014) (966,209) (33,287,863)
L Net ....t. held In trust for pension benefits:
L BegInning of year 412,224,924 4,183,801 10,004,095 9,521,140 435,933,960
End 01 year $ 380,015,450 $ 4,6n,635 $ 9,398,081 $ 8,554,931 $ 402,646,097
li
\ ' The notes to tho financial statemonts lIro an Integral part of this statement
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City of ClearWater. florida
Statement of Changes In Assets and Uabllltles
Agency Fund
For the Year Ended September 30, 2002
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Balance Balance
Octoll.. 1, September 30,
2001 AddlUons Deduction. 2002
TREASURER'S ES,QROW FUND
ASSETS
Equity In pooled cash and Investments $ 180,536 278,548 174,922 $ 284.162
UASlUneS
Deposits:
Property owners $ 21,944 $ 21,944
Developers 15,558 100,000 115,558
Other mlscelaneous payables:
Special p..-pose funds 8,097 1,275 1,450 7,922
Other 134.937 1n,273 173,472 138,738
Total liabilities $ 180,536 278,548 174,922 $ 284,162
102
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Tho notes to tho financial _temon18 are an Integral part 0' IhIs alalBmonl
This Page Intentionally Left Blank
104,
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City of Clearwater. FlorIda
Capital Assets Used In the Operation of Governmental Funds
Comparative Schedules By Source 1
September 30. 2002 and 2001
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2002 200111I8 restated 2
SmAdulA of General Filled A..~qRI~'
Land $ 39,914,725 $ 35,595,531
Buildings ~,933,961 38,337,080
Improvements Other Than Buildings 62,455,386 52,055,659
Equipment 33.070,403 31,828,879
InfraslJUcturu 1,076,247
ConslJUcUon In Progress 11.660,n6 769.064
$ t76.oo1,487 $ 158.578.113
SOllmAAI of Inv9.!Ilmonl91n GenAml Fill:ed A..cl!lelq'
General Fund Rovenue $ 124,200,881 $ 1 t4,631,018
General Obligation Bonds 6,297,870 8,2lJ7,870
Revenue Bonds 13,111,869 6.685,490
Noles, Mortoagea and Other 0bI1ga~8 4,810,150 4,..se,5e2
SpecIal Asaessm8llJa 2,012, 192 2,012,192
-
Federal and Slate Grants 10,435,"17 9,530,732
Gilts 8,4''',522 8,303,843
Contributions from Developers 7,639,144 7,639,143
Undelennlned InveaCrnents Prfor to July 1, 1954 1.0N,482 1,079..62
S 178.001,487 S '68.678,'13
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1 ThJa schedule pnMIenta only 111. oapll8l auet baIanoee rei_led 10 governmental meta. Aocordlngly, the OIp1tal ...Ie
reportBd In Intemal ..rvIoe fund. 118 excMIed from lie above amounts.
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2 Effective October " 2001, !he ClIy Implemen'-d a new capllallzallon poley thall8lll/lBd In . prfol' period .*lItm8nl
10 1900rd II wrfledown or ked all_la. See Nolo IJ.C on pig" 47. '
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Tha notes to th" IInMoIlIl statements are an Integr.' part of this atatemenl
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City of Clearwater, Florida T'l
Ceplml Assets Used In the Operation 0' Governmental Funds
Schedule By Function and Actlvfty 1 '; i
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September 30, 2002
FuncUon Improvements Machinery n
and Other Than and ' !
, ,
AcllvllY Total Land Buildings Buildings Equipment Infrastructure i I
FIxed Assets Una/located by Function S 18,144,222 $ 9,958,088 $ 7,938.114 $ $ 248,020 $ 'n
General Government: ; ,
, ,
legl6latlve 3,531 3,531 ' j J
Executive 481,500 1.528 479,972
Flnanclal & Administrative 935,648 9,679 925,970 .1 1
legal 144,794 2, 106 142,688
Planning 6,285 6,285 .J J
,ColT1lrehenslve Planning 4,165 4,165
Other General Government 25,558,599 8,404,795 16.169.786 131,761 2,850,257
27,132,523 8,404,795 16.183,099 131.761 4.412,868 i'l
Public Safely: I J
Law Enforcemenl 8.565,028 588,945 200,257 7,n5.826
FIre Conlrol 4,956,823 95,448 4,1161.375
ProtecDve tnspecllons 180,565 11,432 169,133 r }
EmergeOCi and Disaster Retel 403,868 88,482 315,388 J i
Armulance and Rescue SeMce8 1,359,806 12.254 1,347,552
15,468,090 588,945 207,616 200,257 14,469.272 I
Phyak:al environment I J I
Solid WaslB I Recylinll 15,940 15,940
Conservallon and Resource MlII18Qcmenl 90,541 76,210 14,331 i
Olher Physical Envronment 394,908 340,686 54,222
501,389 416,898 84,493 ; I j
Transportaaon: . I I
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Road and ~eet FacllUles 57,074,460 9,604,677 4.311,791 41.384,499 697,246 1,076,247 I
Airports
Parking 35,888 35,968 r 1 I
Other Transportallon Service 502,091 1,200 171,262 148,000 181,629 1.J f
57,612,539 9.641,865 ~,483,053 41,532,499 878,875 1,078,247
Ec:ononio EnvllOnment: I
Jndus~ Development 1,428,828 l,396,65S 16,901 15,270 ; 1 I
Housk\g and Urban peVefopmcnt 69lJ,747 329.835 293,682 75,230 ! , I
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Other Economlo Enmmcnt 33,125 33,125 I
2,160,6911 1,75g,&15 310,583 90,500
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Human Ser.bs: ' ! I
Other Human Servlces 23,377 23.377 ' I I
. ,
CUltwe and Recreation: L
l.IJrarIes 13,556,327 118,053 756,735 133,859 12,547,680 '1
: ,
Parks & Re<:reatloo 24,174,314 7,502,1tSS 7,378,210 9.033,979 281,170 : I
Cuhural Centera 28,508 ., 27.515 ; J
Special Recreallon Fadlitles 5,6!50.725 3.940,408 677.541 1,008.135 26.833
43,408.874 11,581,417 8,81',4e6 10.173,973 12.862.998 : I
ToIlIl General fixed Assets Allocated to Functions 148,308,490 29,958.837 29.985,83'1 52.455.386 32,822,313 1,076,247
t l
164,450,712 $ 39.914.725 S 37,933.951 S 52,455.388 S 33.070.403 $ 1,076,247
ConllbvClon in Progress 11.550,775 ; J
Total GenenLf fixed Aaaeta S 178.001.487
, Thla schedule preHnla 0Jrttt I1e c:epIIaI_t balances related., governmental funda. ~Iy,!he caplCaI easets J8ported In IntIJmaI.,,1ce fundi 11
.. exdoded from Ihe above amounts.
The notes 10 lhe lnanciaJ atalemenls In an integral pili of Ills stalemenL 'j }
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fi City of Clearwater, Florida
Capital Assets Used In the Operation of Governmental Funds
Schedule of Changes By Function and AcUvlty , I
r I For the Year Ended September 30, 2002
II Reslaled 2
Genenal Prior General General I
FIxed Assets Period Fbced Assel. Fixed Assets 1
f 'I Function and Activity 10/01/01 Restalement 10/01/01 Additions Deductions 9/30/02
FIXed Assets Unallocated By Function $ 34.325,399 $ (16,181.1n) S 18,144.222 S $. 5 18.144.222
I
[ ! General Government:
leglslalive 25,166 (21,635) 3,531 3,531
ExecuUve 640,801 (165,554) 0475,247 18,021 (11,768) 481,500
FInancial & Admlnlstralive 1,179,515 (62,021) 1,117,494 14,474 (198,319) 935,649
legal 256,966 (90,802) 166,164 (21,370) 1#,794
[ i Planning 6,285 6,285 6,285
CofT1lrehenslve Planning 22,435 (11.949) 10,4116 (6,321 ) 4,165
Other General Government 26.812,065 11 ,054.23n 25,757,828 175,025 (376.2541 25,556.599
28,943.233 It.406.198) 27,537,035 207,520 (612,032) 27,132.523
PubEc Safely:
law Enforcement 12,960,341 (4,839,360) 8,120,981 529,883 (85,8315) 11,565,028
FIre Conlrol 6,652,368 (2,561.534) 4,090,834 11110.335 (14,346) 4,9S6,823
PlOteclivlllnspecllons 245,265 (57,1154) 188,101 9,319 (16,855) 1110,585
Emergency and DIsaster Reier 450,005 (46,137) 403,888 403,1168
I' Arrtlulanco llIld Rescue Services 1.481.835 ~'44r'l 1,337.084 22,742 1,359.1108
21,789,614 11 6"8 66 14,140,848 1,442.279 (117,0371 15,466,090
l. Physical Envlronmenl:
Solid Waste / Recyling 59,445 (43,505) 15,940 15,940
Conservallon and Resouroo Managemenl 105,155 (14,614) 90,541 90,541
r . Other Physical Enworvnonl 569.218 -~~~:~:~ 392.357 2,551 394.908
I 733,818 498.838 2,551 501.389
, Transportallon :
l
Road and Street Facllillos 71,llO4,842 (15,982,604) 55,622,238 1.460,572 (8,350) 57,074,460
Airports 531,092 (351,523) 179,469 (179,469)
I ; Par1dng 1,394,945 (1,358,957) 35,988 35,eea
Olher Transportation Service 792,160 (247,420) 544,740 1.200 (43 1149J S02.091
'., 74,323,039 (17,940.604) 58.382,435 .1.461,n2 (231 :668 57,812,539
Econonic environment
I ; EIf1)IO)'lTlCnt OppotlUnlly Bnd Oeve\clpment 14,629 (14,629)
Industry Development 2,08i,530 (660,704) 1,428,026 1,428,828
Housing and UrblUl Development 1,322,207 (623.460) 698,747 698,747
Olher Eoonomlc Environment 34.738 (1.613) 33,125 33.125
3,4111,104 n.3OO,406) 2,160,698 2,160,698
{j Human Services:
Olhe1 Human Services 62,379 (39.002) 23.:rn 23.377
Cullin and Recreallon:
Ubrarles 14,801,os4 219,883 15,021,037 861,751 (2,326,481) 13,556,327
1 } Paries & Recrlldon 25,317,2Sf (3,147,522) 22.168,735 2,009,0&7 (4,508) 24,174,314
CUIlural Services 1,704 (1,704)
CulturaJ ClUlter. 58,.7 (28,489) 28.508 28,508
Special RecreaUon FacIIllles 1,911,740 ~201 424~ 1.710,318 3,940.409 . 5650 725
I ' 42.088,752 (3159:,56 38.929,598 &,811.247 (2.330.969) 43:409P4
I I Total 205,727,338 (47,910,288) 157,B17,049 9,925,369 (3,291,706) 164,450,712
~ [
Con5tructon In Progress 75fM184 759,064 10,791,711 1'.55O,n5
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I ; $ 206.418.402 S (47,810,219) $ 158.518,113 $20.717,080 $ 13.291,706) $ 176,001.487
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I i I This echedule preaenta only the capltal_t ~OM related to govetMl8Rt.I runes.. Accordingly, II. capital assets reported In Intemal
eervIce bleta In excluded from lie above arnoua.
U z Eftllctlv.Oclober ',2001 lie cni fn1IIemented a new capltalzellon policy that resulted In a prior period rMtallement to reoonJ a writedown
of IbliId 881Ota. See Nota UoC on page 47.
U The nole8lo the fInencIaJ alaliements are an Integral pari of fils s1atemenl.
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107
APPENDIX C
SUMl\IARY OF CERTAIN PROVISIONS OF THE ORDINANCE
APPENDIX C
SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE
The following is a summary of certain provisions of Ordinance No. 5118-91 (the "Original
Ordinance"), enacted on August 15, 1991, as supplemented by Ordinance No. 7191-03 (the "2003
Ordinance"), as further supplemented by a Resolution No. 03-36 (the "Resolution") (the Original
Ordinance, the 2003 Ordinance and the Resolution collectively referred to herein as the
"Ordinance"). The statements contained herein do not purport to be complete and this summary is
qualified in its entirety by reference to the Original Ordinance, the 2003 Ordinance and the
Resolution, copies of which may be obtained from the City.
Definitions
"Additional Parity Obligations" shall mean additional obligations issued in compliance with
the terms, conditions and limitations contained in the Ordinance, and which (i) shall have a lien on
the Pledged Revenues equal to that of the Parity Bonds and the Series 2003 Bonds, (ii) shall be
payable from the Net Revenues on a parity with the Parity Bonds and the Series 2003 Bonds, and
(iii) rank equally in all respects with the Parity Bonds and the Series 2003 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 set forth in the
Ordinance for the Registrar of the Series 2003 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 thereafter 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.
"Consulting Engineer" shall mean such qualified and recognized independent consulting
engineer, having favorable repute or skill and experience, with respect to the acts and duties to be
provided to the Issuer, as employed or retained by the Issuer to perform the acts and carry out the
duties provided in the Ordinance.
"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
C-I
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.
"Gas System Manager" shall mean the ~vlanaging Director and Executive Officer of the
System of the City of Clearwater, Florida.
"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 in the
Ordinance, 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 Series 1997 Bond, as shown on the
books and records of the Bond Registrar. The Issuer may deem and treat the person in ,vhose name
any Series 1997 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.
"Parity Bonds" shall mean outstanding Gas System Revenue Bonds, Series 1997 A, dated
October I, 1997, the outstanding Gas System Revenue Bonds, Series 19978, dated October I, 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 I, 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.
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"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 Series 2003 Bonds shall be the lesser of (i)
the Maximum Bond Service Requirement of such series of Bonds, (ii) 125% of the average annual
Bond Service Requirement of such series of Bonds, or (iii) 10% of the net proceeds of such series of
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.
Ordinance to Constitute Contract
In consideration of the acceptance of the Refunding Bonds authorized to be issued under the
Ordinance by those who shall hold the same from time to time, the Ordinance shall be deemed to be
and shall constitute a contract between the Issuer and such Holders. The covenants and agreements
therein 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. '
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.
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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 the Ord inance. Any Refunding Bond or Bonds shall be exchangeable for a Refunding
Bond or Bonds of the same maturity and interest rate, in any authorized denomination, but in a
principal amount equal to the unpaid principal amount of the Refunding Bond or Bonds presented
for exchange. Bonds to be exchanged shall be surrendered at the principal office of the Registrar,
and the Registrar shall deliver in exchange therefor the Refunding Bond or Bonds which the
Bondholder making the exchange shall be entitled to receive. The Issuer or the Registrar may
charge the Registered Owner of such Refunding Bond for every such transfer or exchange an
amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other
governmental charge required to be paid with respect to such transfer or exchange, and may require
that such charge be paid before any such new Refunding Bond shall be delivered.
All Refunding Bonds delivered upon transfer or exchange shall bear interest from such date
that neither gain nor 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.
Establishment of Funds and Accounts
The Ordinance creates the following funds and accounts: the Revenue Fund and a separate
2003 Cost of Issuance Account within the Revenue Fund; the Operation and Maintenance Fund; the
Sinking Fund (with the Interest Account, Principal Account, Reserve Account and Bond
Amortization Account therein) and the Renewal and Replacement Account.
Flow of Funds
The entire Gross Revenues, except the income from investments, derived from the operation
of the System shall upon receipt thereof be deposited in the Revenue Fund. Such Revenue Fund
shall constitute a trust fund for the purposes provided in the Ordinance, and shall be kept separate
and distinct from all other funds of the Issuer and used only for the purposes and in the manner
therein provided,
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All revenues at any time remaining on deposit in the Revenue Fund shall be disposed of on
or before the fifteenth (15th) day of each month only in the following manner and in the following
order of priority:
(1) Revenues shall first be used to deposit in the Operation ilnd
Maintenance Fund such sums as are necessary for the Cost of Operation and Maintenance for the
next ensuing month.
(2) Revenues shall next be used for deposit into the Interest Account,
such sums as will be sufficient to pay one-sixth (1/6) of all interest becoming due on the Bonds on
the next semiannual interest payment date.
(3) Revenues shall next be used for deposit into the Principal Accollnt, in
any bond year in which a Serial Bond matures, such sums as will be sufficient to pay one-twelfth
(1/12) of the principal maturing on Serial Bonds in such year.
(4) Revenues shall next be used for deposit into the Bond Amortization
Account, in any bond year in which an Amortization Installment is due, such sums as will be suffi-
cient to pay one-twelfth (1/12) of the Amortization Installment required to be made in such year.
Such payments shall be credited to a separate special account for each series of Term Bonds
outstanding, and if there shall be more than one stated maturity for Term Bonds of a series, then
into a separate special account in the Bond Amortization Account for each such separate maturity of
Term Bonds, The funds and investments in each such separate account shall be pledged solely to
the payment of principal of the Term Bonds of the series or maturity within a series for which it is
established and shall not be available for payment, purchase or redemption of Term Bonds of any
other series or within a series, or for transfer to any other account in the Sinking Fund to make up
any deficiencies in required payments therein.
Upon the sale of any series of Term Bonds, the Issuer shall, by
resolu tion or ordinance, establish the amounts and matu rities of such Amortization Installments for
each series, and if there shall be more than one maturity of Term Bonds within a series, the
Amortization Installments for the Term Bonds of each maturity, In the event the moneys deposited
for retirement of a maturity of Term BonJs are required to be invested, in the manner provided
below, then the Amortization Installments may be stated in terms of either the principal amount of
the investments to be purchased on, or the cumulative amounts of the principnl amount of
investments required to have been purchased by, the payment date of such Amortization
Installment.
Moneys on deposit in each of the separate special accounts in the
Bond Amortization Account shall be used for the open market purchase or the redemption of Term
Bonds, pursuant to the Ordinance, of the series or maturity of Term Bonds within a series for which
such separate special account is established or may remain in said separate special account and be
invested until the stated date of maturity of the Term Bonds. The resolution or ordinance
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establishing the Amortization Installments for any series or maturity of Term Bonds may limit the
use of moneys to anyone or more of the uses set forth in the preceding sentence.
The required deposits to the Principal Account, Interest Account and
Bond Amortization Account shall be adjusted in order to take into account the amount of money
currently on deposit therein.
(5) Revenues shall next be applied by the Issuer to maintain in each
subaccount in the Reserve Account a sum equal to the Reserve Requirement, if any, for any
subsequent year on each series of Bonds, which sum shall initially be deposited therein from the
proceeds of the sale of the Bonds and other funds of the Issuer.
To the extent the Issuer determines pursuant to a subsequent
resolution to fund a subaccount within the Reserve Account for a respective series of Bonds, the
Issuer may provide that the difference between the amounts on deposit in such subaccount and the
Reserve Requirement for such series of Bonds shall be an amount covered by obtaining bond
insurance issued by a reputable and recognized municipal bond insurer, by a surety bond, by a
letter of credit or any combination thereof or by such other form of credit enhancement as shall be
approved by a resolution of the Issuer adopted prior to the issuance of the series of Bonds for which
such subaccount is established. Such resolution may also provide for the substitution of such credit
enhancement. Bond insurance, a surety bond, a letter of credit or any combination thereof or such
other form of credit enhancement may in the future be deposited in the subaccount in the Reserve
Account for the Bonds as shall be approved by subsequent resolution of the Issuer, provided that
the provider of such credit enhancement is then rated in one of the two highest rating categories
(without regard to gradation) by Standard and Poor's Corporation and Moody's Investors Service,
Inc.
Any withdrawals from any subaccount in the Reserve Account shall
be subsequently restored from the first moneys available in the Revenue Fund on a pro rata basis as
to all subaccounts in the Reserve Account after all required current payments for the Operation and
Maintenance Fund and Sinking Fund (including all deficiencies in prior payments to those Funds)
have been made in full.
Notwithstanding any provision of the Ordinance to the contrary,
moneys in each subaccount in the Reserve Account shall be used only for the purpose of the
payment of maturing principal of or interest or making Amortization Installments on the Bonds for
which such subaccount was established when the other moneys in the Sinking Fund are insufficient
therefor, and for no other purpose, including the payment of any other series of Bonds.
In the event of the refunding of any series of Bonds, the Issuer may
withdraw from the subaccount within the Reserve Account for such series of Bonds, all or any
portion of the amounts accumulated therein with respect to the Bonds being refunded and deposit
such amounts as required by the resolution authorizing the refunding of stich series of Bonds.
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(6) The Issuer shall not be required to make any further payments into
the Sinking Fund when the aggregate amount of money in the Sinking Fund is at least equal to the
total Bond Service Requirement of the Bonds then outstanding, plus the amount of redemption
premiull1, if any, then due and thereafter to become due on such Bonds then outstanding by
operation of the Bond Amortization Account.
(7) The Issuer shall next apply and deposit the moneys in the Revenue
Fund into the Renewal and Replacement Fund an amount equal to one-twelfth (1/12) of an amount
equal to 5% of prior year's Gross Revenues; provided, however, that so long as there shall be on
deposit in such Renewal and Replacement Fund a balance of at least $300,000, no additional
deposits in such Fund shall be required. The moneys in the Renewal and Replacement Fund shall
be used only for the purpose of paying the cost of extensions, enlargements or additions to, or the
replacement of capital assets of the System and emergency repairs thereto. Such moneys on deposit
in such Fund shall also be used to supplement the Reserve Account, if necessary, in order to prevent
a default in the payment of the principal or Amortization Installments of and interest on the Bonds.
(8) The balance of any moneys remaining in the Revenue Fund after the
above required payments have been made may be used by the Issuer for any lawful purpose.
(9) The Operation and Maintenance Fund, the Sinking Fund, the Renewal
and Replacement Fund, the Revenue Fund, and all accounts therein and any other special funds
established in the Ordinance shall constitute trust funds for the purposes provided in the Ordinance
for such funds. All such funds shall be continuously secured in the same manner as city deposits are
authorized to be secured by the laws of the State of Florida.
Moneys on deposit in the Revenue Fund and the Sinking Fund (except the Reserve Account
therein) may be invested and reinvested in the manner provided by law provided such investments
either mature or are redeemable at not less than par at the option of the Issuer not later than the
dates on which the moneys on deposit therein will be needed for the purpose of such fund. The
moneys in the Reserve Account in the Sinking Fund and in the Renewal and Replacement Fund
may be invested and reinvested only in Authorized Investments, in the manner provided by law.
All income on such investments shall be deposited into the Revenue Fund; provided, however, that
investment income earned in the Bond Amortization Account shall remain therein or be transferred
to the Principal Account or the Interest Account and used to pay maturing principal, Amortization
Installments and interest on the Bonds.
The cash required to be accounted for in each of the foregoing funds and accounts may be
deposited in a single bank account, and funds allocated to the various accounts established under
the Ordinance may be invested in a common investment pool, provided that adequate accounting
records are maintained to reflect and control the restricted allocation of the cash on deposit therein
and such investments for the various purposes of such funds and accounts as provided in the
Ordinance,
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The designation and establishment of the various funds and accounts by the Ordinance shall
not be construed to require the establishment of any completely independent, self-balancing funds
as such term is commonly defined and used in government accounting, but rather is intended solely
to constitute an earmarking of certain revenues for certain purposes and to establish certain
priorities for application of such revenues as provided in the Ordinance,
Operation of Bond Amortization Account
Money held for the credit of the Bond Amortization Account shall be applied to the
retirement of term obligations as follows:
(1) Su bject to the provisions of Paragraph (3) below, the Issuer may purchase
Term Bonds then outstanding at the most advantageous price obtainable with reasonable diligence,
such price not to exceed the principal of such Term Bonds plus the accrued interest to the date of
delivery thereof. The Issuer shall pay the interest accrued on such Term Bonds to the date of
delivery thereof from the Interest Account and the purchase price from the Bond Amortization
Account, but no such purchase shall be made by the Issuer within the period of 45 days immedi-
ately preceding any interest payment date on which Term Bonds are subject to call for redemption,
except from money in excess of the amounts set aside or deposited for the redemption of Term
Bonds.
(2) Subject to the provisions of Paragraph (3) below, whenever sufficient
money is on deposit in the Bond Amortization Account to redeem $5,000 or more principal amount
of Term Bonds, the Issuer may calI for redemption from money in the Bond Amortization Account
such amount of Term Bonds then subject to redemption as, with the redemption premium, if any,
will exhaust the money then held in the Bond Amortization Account as nearly as may be
practicable. Prior to calling Term Bonds for redemption, the Issuer shall withdraw from the Interest
Account and from the Bond Amortization Account and set aside in separate accounts or deposit
with the paying agents the respective amounts required for paying the interest on and the principal
of and redemption premium applicable to the Term Bonds so called for redemption,
(3) Money in the Bond Amortization Account shall be applied by the Issuer
in each fiscal year to the retirement of Term Bonds then outstanding in the following order:
(a) The Term Bonds of each series of Bonds, to the extent of the
Amortization Installment, if any, for such Fiscal Year for the Term Bonds of each such series then
outstanding, plus the applicable premium, if any, and, if the amount available in such Fiscal Year
shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such
Fiscal Year for the Term Bonds of each such series then outstanding, plus the applicable premium, if
any; provided, however, that if the Term Bonds of any such series shall not then be subject to
redemption from money in the Bond Amortization Account and if the Issuer shall at any time be
unable to exhaust the money applicable to the Term Bonds of such series under the provisions of
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this clause or in the purchase of such Term Bonds under the provisions of Paragraph 1 above, such
money or the balance of such money, as the case may be, shall be retained in the Bond Amortization
Account and, as soon as it is feasible, applied to the Term Bonds of such series; and
(b) Any balance then remaining, other than money retained under
the first clause of this paragraph (3), may be applied to the retirement of such Term Bonds as the
Issuer in its sole discretion shall determine, but only, in the case of the redemption of Term Bonds of
any series, in such amounts and on such terms as may be provided in the resolution or ordinance
authorizing the issuance of the obligations of such series.
(4) The Issuer shall deposit into the Bond Amortization Account
Amortization Installments for the amortization of the principal of the Term Bonds, together with
any deficiencies for prior required deposits, into the Bond Amortization Account, such
Amortization Installments to be in such amounts and to be due in such years as shall be determined
by resolution or ordinance of the governing body of the Issuer prior to the delivery of the Bonds.
The Issuer shall pay from the Sinking Fund all expenses in connection with any such
purchase or redemption.
Covenants of the Issuer
Operation and Maintenance - The Issuer has covenanted to maintain the System and all parts
thereof in good condition and operate the same in an efficient and economical manner making such
expenditures for equipment and for renewals, repairs and replacements as may be proper for the
economical operation and maintenance thereof.
Operating Budget - The Issuer has covenanted to annually, prior to commencement of each of
its Fiscal Years, prepare and adopt a detailed budget or budgets of the estimated expenditures for
the operation and maintenance of the System during such next succeeding Fiscal Year. The Issuer
shall mail copies of such annual budget or budgets (including any amendments thereto) to any
Holder or Holders of Bonds who shall file his address with the Issuer and request in writing that
copies of all such budgets be furnished him and shall make available such budgets of the System at
all reasonable times to any Holder or Holders of Bonds or to anyone acting for and on behalf of such
Holder or Holders, provided that the cost of reproducing and mailing such budget or budgets shall
be borne by the Holder requesting such budget or budgets,
Rate Ordinance - The Issuer has covenanted to 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 wiII 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 all outstanding Bonds. Such rates, fees,
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rentals or other charges shall not be reduced so as to be insufficient to provide Revenues for such
purposes.
The Issuer has further covenanted and agreed that the Issucr will annually within thirty (30)
days after adoption of the budget described above revise such fees, rates, rentals and other charges
for the use of the product, services and facilities of the System to the extent necessary for the
estimated Gross Revenues to be derived from the operation of the System during the next
succeeding Fiscal Year to increase over the amount of actual Gross Rcvenues from the operation of
the System for the next preceding Fiscal Year by the amount that the estimated expenditures for
operation and maintenance of the System during such next succeeding Fiscal Year shall exceed the
actual expenditures for operation and maintenance of the System during such next preceding Fiscal
Year.
Books and Records - The Issuer has covenanted to keep books and records of the Net
Revenues of the System which shall be kept separate and apart from all other books, records and
accounts of the Issuer, and the Holders shall have the right at all reasonable times to inspect all
records, accounts and data of the Issuer relating thereto.
Anl/ual Audit - The Issuer shall also, at least once a year, within six months after the close of
its Fiscal Year, cause the books, records and accounts relating to the System to be properly audited
by a recognized independent firm of certified public accountants and shall make generally available
the report of such audits to any Holder or Holders of Bonds. Such audits shall contain a complete
presentation of financial statements in accordance with generally accepted accounting principles. A
copy of such annual audit shall regularly be furnished to any nationally recognized bond rating
service which, upon application of the Issuer prior to the issuance of the Bonds, shall have
published a rating on the Bonds and to any Holder of any Bonds who shall have requested in
writing that a copy of such reports be furnished him, provided that the cost of reproducing and
mailing such reports shall be borne by the Holder requesting such reports.
No Mortgage or Sale of the System - The Issuer will not sell, lease, mortgage, pledge or
otherwise encumber the System, or any substantial part thereof, or any revenues to be derived
therefrom, except as provided in the Ordinance.
The foregoing provision notwithstanding, the Issuer shall have and in the Ordinance
reserves the right to sell, lease or otherwise dispose of any of the property comprising a part of the
System which the Issuer shall hereafter determine, in the manner provided therein, to be no longer
necessary, useful or profitable in the operation of the System. Prior to any such sale, lease or other
disposition of said property, if the amount to be received therefor is not in excess of $50,000, the
City Manager of the Issuer or other duly authorized officer in charge thereof shall make a finding in
writing determining that such property comprising a part of the System is no longer necessary,
useful or profitable in the operation thereof.
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If the amount to be received from such sale, lease or other disposition of said
property shall be in excess of $50,000 but not in excess of S100,OOO such City Manager or other
officer shall first make a finding in writing determining that such property comprising a part of the
System is no longer necessary, useful or profitable in the operation thereof, and the governing body
of the Issuer shall, by resolution or ordinance duly adopted, approve and concur in the finding of
such City Manager or other officer, and authorize such sale, lease or other disposition of said
property .
If the amount to be received from such sale, lease or other disposition of said
property shall be in excess of $100,000 but not in excess of 10% of the value of fixed assets of the
System according to the most recent annual audit report, such City Manager or other officer shall
first make a finding in writing determining that such property comprising a part of the System is no
longer necessary, useful or profitable in the operation thereof, and the Consulting Engineer shall
make a finding that it is in the best interest of the System that such property be disposed of, and the
governing body of the Issuer shall by resolution or ordinance, duly adopted, approve and concur in
the findings of such City Manager or other officer and of the Consulting Engineer, and shall autho-
rize such sale, lease or other disposition of said property.
Anything in this subsection to the contrary notwithstanding, nothing in the
Ordinance shall restrict the governing body of the Issuer or, to the extent such authority has been
vested in him by such governing body, the City Manager in the exercise of his discretion, from
authorizing the sale or other disposition of any of the property comprising a part of the System, if
the Consulting Engineer shall certify that the Net Revenues of the System will not be materially
adversely affected by reason of such sale or disposition.
Such proceeds shall be placed in the Renewal and Replacement Fund or used for the
retirement of outstanding Bonds, in such proportions to be determined by the governing body of
the Issuer upon the recommendations of the City Manager. The payment of such proceeds into the
Renewal and Replacement Fund shall not reduce the amounts required to be paid into such Fund
by other provisions in the Ordinance.
Anything in this subsection to the contrary notwithstanding, nothing in the
Ordinance shall prohibit the Issuer from transferring ownership of the System to another
governmental entity in accordance with the Ordinance without complying with the provisions
described in the Ordinance.
Insurance - For so long as any of the Bonds are outstanding, the Issuer has covenanted to
carry adequate fire and windstorm insurance on all buildings and structures of the works and
properties of the System which a re subject to loss through fire or windstorm, and to otherwise carry
insurance of all kinds and in the amounts normally carried in the operation of similar facilities and
properties in Florida; provided, however, that in lieu of such insurance the Issuer may establish a
qualified plan of self-insurance. Any such insurance shall be carried for the benefit of the Holders of
the Bonds, All moneys received for losses under any of such insurance, except public liability, are
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pledged by the Issuer as security for the Bonds, until and unless such proceeds are used to remedy
the loss or damage for which such proceeds are received, either by repairing the property damaged
or replacing the property destroyed as soon as practicable.
No Frce Scrvice - The Issuer has covenanted to not render or cause to be rendered any free
services of any nature by its System, nor to establish any preferential rates for users of the same
class, Whenever the Issuer, including its departments, agencies and instrumentalities, shall avail
itself of the product, facilities or services provided by the System, or any part thereof, the same
rates, fees or charges applicable to other customers receiving like services under similar
circumstances shall be charged to the Issuer and any such department, agency or instrumentality.
Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds to the
Revenue Fund sufficient sums to pay such charges. The revenues so received shall be deemed to be
Revenues derived from the operation of the System, and shall be deposited and accounted for in the
same manner as other Revenues derived from such operation of the System.
Enforcemellt of Collectiolls - The Issuer has covenanted to diligently enforce and collect the
rates, fees and other charges for the services and facilities of the System pledged in the Ordinance;
to take all steps, actions and proceedings for the enforcement and collection of such rates, charges
and fees as shall become delinquent to the full extent permitted or authorized by law; and to
maintain accurate records with respect thereof. All such fees, rates, charges and revenues pledged
in the Ordinance shall, as collected, be held in trust to be applied as therein provided and not
otherwise.
The Issuer will, under reasonable rules and regulations, to the full extent permitted
by law, shut off the connection of any users of the system for non-payment of fees, rentals and other
charges for the services of the System and shall not furnish him or permit him to receive from the
System further service until all obligations owed by him to the Issuer on account of services shall
have been paid in full.
Consulting Ellgineer - The Consulting Engineer shall provide the Issuer with competent
engineering counsel affecting the proper, efficient and economical operation and maintenance of the
System and in connection with the making of capital improvements and renewals and replacements
to the System. The Gas System Manager may undertake the duties of Consulting Engineer for
purposes of the Ordinance so long as such Gas System Manager is a registered engineer in the State
of Florida; provided however, that the Gas System Manager shall not perform certain duties of
Consulting Engineer as set forth in the Ordinance.
City Manager Reports - On an annual basis, the Issuer has covenanted to cause to be prepared
by the City Manager a report or survey of the System, with respect to the management of the
properties thereof, the sufficiency of the rates and charges for services, the proper maintenance of
the properties of the System, and the necessity for capital improvements and recommendations
therefor. Such a report or survey shall also show any failure of the Issuer to perform or comply
with the covenants contained in the Ordinance.
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If any such report or survey of the City Manager reflects that the rates and charges
are insufficient to protect the rights of the Bondholders, then the Issuer shall take such steps as are
required by law to raise the rates and charges for services of the System.
No Competing System - To the full extent permitted by law, the Issuer has covenanted to not
hereafter grant, or cause, consent to/ or allow the granting of, any franchise or permit to any person,
firm, corporation or body, or agency or instrumentality whatsoever, for the furnishing of competing
gas services to or within the boundaries of the Issuer; provided, however, that if the Gas System
Manager renders an opinion that it would not be feasible for the Issuer to provide such services to
any specific area within the three years succeeding a request to provide such service, the Issuer may
authorize or allow the granting of such franchise or permit for such area upon such terms and
conditions as it may approve.
Unlawflll COil 1/ect io 1/ Prohibited - The Issuer has enacted an ordinance making it unlawful for
any person or persons to tamper with, change or make any connection with the System without the
written consent of the Issuer, or to make any reconnection with the System when service has been
discontinued for delinquent charges, until such delinquent charges have been paid in full, including
interest, reasonable penalties and reconnection charges, The Issuer will diligently, to the full extent
permitted by law, enforce this covenant and prosecute any person violating the provisions of this
covenant or any penal ordinance relating to the same.
Issuance of Other Obligations
The Issuer has covenanted to not issue any other obligations payable from the Gross
Revenues of the System nor voluntarily create or cause to be created any debt, lien, pledge,
assignment, encumbrance or other charge having priority to or being on a parity with the lien of the
Bonds and the interest thereon upon said Revenues except under the conditions and in the manner
provided in the Ordinance. Any obligations issued by the Issuer other than the Bonds authorized in
the Ordinance and Additional Parity Obligations provided for therein, payable from such Revenues,
shall contain an express statement that such obligations are junior and subordinate in all respects to
the Bonds, as to lien on and source and security for payment from such Revenues.
Issuance of Additional Parity Obligations
Additional Parity Obligations, payable on a parity from the Net Revenues of the System
with the Bonds, may be issued after the issuance of any Bonds, for the construction and acquisition
of additions, extensions and improvements to the System or for refunding purposes and upon the
following conditions: .
(1) The Net Revenues derived or which would have been derived, if
adjusted as provided in the Ordinance and herein, from the System, either during the immediately
preceding Fiscal Year, during any twelve (12) consecutive calendar months of the eighteen (18)
calendar months immediately preceding the sale of the proposed Additional Parity Obligations or
during the last twelve (12) month period for which the Issuer has audited financial statements for
the System, at the option of the Issuer, shall have been not less than 125% of the Maximum Bond
Service Requirement which will become due in any calendar year thereafter on (a) the 1991 Bonds
then outstanding, (b) any Additional Parity Obligations issued and then outstanding, and (c) the
Additional Parity Obligations then proposed to be issued.
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In determining the amount of Net Revenues for the purposes of
paragraph (1) above, the Consulting Engineers may adjust the Net Revenues by adding thereto the
following:
(a) The Net Revenues (computed for such utility on the same basis
as net revenues are computed for the System) of any gas utility which the Issuer shall have acquired
prior to the issuance of such Additional Parity Obligations or which the Issuer shall be acquiring
from proceeds of such Additional Parity Obligations; and
(b) In the event a change has been made in the rate schedules for
services from the System prior to the issuance of the proposed Additional Parity Obligations for a
part of such 12 month period referred to in (1) above, and such change has resulted in an increase in
Net Revenues, such amount of additional Net Revenues which the Consulting Engineers estimate
would have been received by the Issuer during such 12 month period if such change in such rate
schedule had been in effect during the entire 12 month period and in the event a change has been
made in the rate schedules for services from the System prior to the issuance of the proposed
Additional Parity Obligations for a part of such 12 month period referred to in (1) above, and such
change has resulted in a decrease in Net Revenues, by subtracting therefrom such amount of the
Net Revenues which the Consulting Engineers estimate would not have been received by the Issuer
during such 12 month period referred to in (1) above, if such change in such rate schedule had been
in effect during the entire 12 month period.
(2) Each resolution or ordinance authorizing the issuance of Additional
Parity Obligations will recite that all of the covenants contained in the Ordinance will be applicable
to such Additional Parity Obligations.
(3) The Issuer shall not be in default in performing any of the covenants
and obligations assumed hereunder, and all payments required in the Ordinance to have been made
into the accounts and funds, as provided hereunder, shall have been made to the full extent
required.
Remedies
Any Holder of Bonds issued under the provisions of the Ordinance or any trustee acting for
the Holders of such Bonds, may either at law or in equity, by suit, action, mandamus or other
proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including
the right to the appointment of a receiver, existing under the laws of the State of Florida, or granted
and contained in the Ordinance, and may enforce and compel the performance of all duties required
in the Ordinance or by any applicable statutes to be performed by the Issuer or by any officer
thereof,
Nothing in the Ordinance, however, shall be construed to grant to any Holder of the Bonds
any lien on the System or any real property of the Issuer.
Amending and Supplementing of Ordinance Without Consent
of Registered Owners of Bonds
The Issuer, from time to time and at any time and without the consent or concurrence of any
Registered Owner of any Bond, may adopt an ordinance or resolution amendatory or supplemental
to the Ordinance, if the provisions of such supplemental ordinance or resolution shall not advl'rsely
affect the rights of the Registered Owners of the Bonds then Outstanding, for anyone or more of the
following purposes:
(A) To make any changes or corrections in the Ordinance as to which the Issuer shall
have been advised by counsel that are required for the purpose of curing or correcting any
ambiguity or defective or inconsistent provision or omission or mistake or manifest error contained
C-14
in the Ordinance, or to insert in the Ordinance such provisions clarifying matters or questions
arising under the Ordinance as are necessary or desirable;
(B) To add additional covenants and agreements of the Issuer for the purpose of
further securing the payment of the Bonds;
(C) To surrender any right, power or privilege reserved to or conferred upon the
Issuer by the terms of the Ordinance;
(D) To confirm as further assurance any lien, pledge or change, or the subjection to
any lien, pledge or change, created or to be created by the provisions of the Ordinance;
(E) To grant to or confer upon the Registered Owners any additional right, remedies,
powers, authority or security that lawfully may be granted to or conferred upon them;
(F) To assure compliance with Federal "arbitrage" provisions in effect from time to
time;
(G) To bring all or a portion of the System into compliance with applicable state or
federal laws; and
(H) To modify any of the provisions of the Ordinance in any other respects provided
that such modification shall not be effective until after the Bonds Outstanding at the time such
supplemental ordinance or resolution is adopted shall cease to be Outstanding, or until the Holders
thereof consent thereto pursuant to the Ordinance, and any Bonds issued subsequent to any such
modification shall contain a specific reference to the modifications contained in such supplemental
ordinance or resolution.
Amendment of Ordinance with Consent of Registered Owner of Bonds
Except as otherwise provided in the Ordinance, no material modification or amendment of
the Ordinance or of any ordinance amendatory thereof or ordinance or resolution supplemental
thereto may be made without the consent in writing of the Registered Owners of fifty-one percent
or more in the principal amount of the Bonds of each Series so affected and then outstanding;
provided, however, that no modification or amendment shall permit a change in the maturity of
such Bonds or a reduction in the rate of interest thereon or in the amount of the principal obligation
thereof or affecting the promise of the Issuer to pay the principal of and interest on the Bonds as the
same shall become due from the Net Revenues of the System or reduce the percentage of the Regis-
tered Owners of the Bonds required to consent to any material modification or amendment of the
Ordinance without the consent of the Registered Owner or Registered Owners of all such
obligations. For purposes of this paragraph, to the extent any Bonds are secured by a Credit Facility
and such Bonds are then rated in one of the two highest rating categories (without regard to
gradation) by either Standard & Poor's Corporation or Moody's Investors Service, Inc., or successors
and assigns, then the consent of the Credit Facility Issuer shall be deemed to constitute the consent
of the Registered Owner of such Bonds and in such case no consent of the Registered Owners of
such Bonds shall be required; provided, however, a copy of such amendment shall be provided to
such rating agencies not less than thirty (30) days prior to the effective date thereof.
Defeasance
If, at any time, the Issuer shall have paid, or shall have made provision for payment of, the
principal, interest and redemption premiums, if any, with respect to the Bonds, then, and in that
event, the pledge of and lien on the Net Revenues in favor of the Holders of the Bonds shall be no
longer in effect. For purposes of the preceding sentence, deposit of Federal Securities or bank
certificates of deposit fully secured as to principal and interest by Federal Securities in irrevocable
trust with a banking institution or trust company, for the sole benefit of the Bondholders, in respect
C-15
to which such Federal Securities or certificates of deposit, the principal of which, together with the
income thereon, will be sufficient to make timely payment of the principal, interest, and redemption
premiums, if any, on the outstanding Bonds, shall be considered "provision for payment." Nothing
in the Ordinance shall be deemed to require the Issuer to call any of the outstanding Bonds for
redemption prior to maturity pursuant to any applicable optional redemption provisions, or to
impair the discretion of the Issuer in determining whether to exercise any such option for early
redemption.
Federal Income Tax Covenants
The Issuer has covenanted 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.
The Issuer has covenanted with the Registered Owners of each series of Bonds that neither
the Issuer nor any person under its control or direction will make any use of the proceeds of such
series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would
cause such series of Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code
and neither the Issuer nor any other person shall do any act or fail to do any act which would cause
the interest on such series of Bonds to become includable in the gross income of the Registered
Owner thereof for federal income tax purposes.
The Issuer has covenanted 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.
Payment Procedure Pursuant To The Financial Guaranty Insurance Policy
The following language sets out the applicable procedure for payments under the Financial
Guaranty Insurance Policy:
As long as the Financial Guaranty Insurance Policy for the Series 2003 Bonds insurance
shall be in full force and effect, the Issuer and any Paying Agent agree to comply with the
following provisions:
a. At least one (1) day prior to all Interest Payment Dates the Paying Agent will
determine whether there will be sufficient funds in the Funds and Accounts
to pay the principal of or interest on the Series 2003 Bonds on such Interest
Payment Date, If the Paying Agent determines that there will be insufficient
funds in such Funds or Accounts, or Paying Agent, if any, shall so notify
Ambac Assurance. Such notice shall specify the amount of the anticipated
deficiency, the Series 2003 Bonds to which such deficiency is applicable and
whether such Series 2003 Bonds will be deficient as to principal or interest,
or both, If the Paying Agent has not so notified Ambac Assurance at least
one (1) day prior to an Interest Payment Date, Arribac Assurance will make
payments of principal or interest due on the Series 2003 Bonds on or before
the first (1st) day next following the date on which Ambac Assurance shall
have received notice of nonpayment from the Paying Agent.
the Paying Agent shall, after giving notice to Ambac Assurance as provided
in (a) above, make available to Ambac Assurance and, at Ambac Assurance's
direction, to The Bank of New York, in New York, New York, as insurance
b.
C-16
trustee for Ambac Assurance or any successor insurance trustee (the
"Insurance Trustee"), the registration books of the Issuer and all records
relating to the Funds and Accounts maintained under the Series 2003
Authorizing Document.
c, the Paying Agent shall provide Ambac Assurance and the Insurance Trustee
with a list of registered owners of Series 2003 Bonds entitled to receive
principal or interest payments from Ambac Assurance under the terms of the
Financial Guaranty Insurance Policy, and shall make arrangements with the
Insurance Trustee (i) to mail checks or drafts to the registered owners of
Series 2003 Bonds entitled to receive full or partial interest payments from
Ambac Assurance and (ii) to pay principal upon Series 2003 Bonds
surrendered to the Insurance Trustee by the registered owners of Series 2003
Bonds entitled to receive full or partial principal payments from Ambac
Assurance.
d. the Paying Agent shall, at the time it provides notice to Ambac Assurance
pursuant to (a) above, notify registered owners of Series 2003 Bonds entitled
to receive the payment of principal or interest thereon from Ambac
Assurance (i) as to the fact of such entitlement, (ii) that Ambac Assurance
will remit to them all or a part of the interest payments next coming due
upon proof of Holder entitlement to interest payments and delivery to the
Insurance Trustee, in form satisfactory to the Insurance Trustee, of an
appropriate assignment of the registered owner's right to payment, (iii) that
should they be entitled to receive full payment of principal from Ambac
Assurance, they must surrender their Series 2003 Bonds (along with an
appropriate instrument of assignment in form satisfactory to the Insurance
Trustee to permit ownership of such Series 2003 Bonds to be registered in the
name of Ambac Assurance) for payment to the Insurance Trustee, and not
the Paying Agent and (iv) that should they be entitled to receive partial
payment of principal from Ambac Assurance, they must surrender their
Series 2003 Bonds for payment thereon first to the Paying Agent who shall
note on such Series 2003 Bonds the portion of the principal paid by the
Paying Agent and then, along with an appropriate instrument of assignment
in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which
will then pay the unpaid portion of principal.
e. in the event that the Paying Agent has notice that any payment of principal
of or interest on the Series 2003 Bonds which has become Due for Payment
and which is made to a Holder by or on behalf of the Issuer has been
deemed a preferential transfer and theretofore recovered from its registered
owner pursuant to the United States Bankruptcy Code by a trustee in
bankruptcy in accordance with the final, nonappealable order of a court
having competent jurisdiction, the Paying Agent shall, at the time Ambac
Assurance is notified pursuant to (a) above, notify all registered owners that
in the event that any registered owner's payment is so recovered, such
registered owner will be entitled to payment from Ambac Assurance to the
extent of such recovery if sufficient funds are not otherwise available, and
the Paying Agent shall furnish to Ambac Assurance its records evidencing
the payments of principal of and interest on the Series 2003 Bonds which
have been made by the Paying Agent and subsequently recovered from
registered owners and the dates on which such payments were made.
f. in addition to those rights granted Ambac Assurance under the Series 2003
Authorizing Document, Ambac Assurance shall, to the extent it makes
payment of principal of or interest on Series 2003 Bonds, become subrogated
to the rights of the recipients of such payments in accordance with the terms
of the Financial Guaranty Insurance Policy, and to evidence such
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subrogation (i) in the case of subrogation as to claims for past due interest,
the Paying Agent shall note Ambac Assurance's rights as subrogee on the
registration books of the Issuer maintained by the Paying Agent upon
receipt from Ambac Assurance of proof of the payment of interest thereon to
the registered owners of the Series 2003 Bonds, and (ii) in the case of
subrogation as to claims for past due principal, the Paying Agent shall note
Ambac Assurance's rights as subrogee on the registration books of the Issuer
maintained by the Paying Agent upon surrender of the Series 2003 Bonds by
the registered owners thereof together with proof of the payment of
principal thereof.
Payment Procedure Pursuant to the Surety Bond
A. As long as the Surety Bond shall be in full force and effect, the Issuer, Trustee and Paying
Agent, if appropriate, agree to comply with the following provisions:
a.
In the event and to the extent that moneys on deposit in the Fundi Account,
plus all amounts on deposit in and credited to the Reserve Account in excess
of the amount of the Surety Bond, are insufficient to pay the amount of
principal and interest coming due, then upon the later of: (i) one (1) day after
receipt by the General Counsel of Ambac of a demand for payment in the
form attached to the Surety Bond as Attachment 1 (the "Demand for
payment"), duly executed by the Paying Agent certifying that payment due
under the Series 2003 Authorizing Documents has not been made to the
Paying Agent; or (ii) the payment date of the Series 2003 Bonds as specified
in the Demand for Payment presented by the Paying Agent to the General
Counsel of Ambac, Ambac will make a deposit of funds in an account with
the Paying Agent or its successor, in New Yark, New York, sufficient for the
payment to the Paying Agent, of amounts which are then due to the Paying
Agent under the Series 2003 Authorizing Documents (as specified in the
Demand for Payment) up to but not in excess of the Surety Bond Coverage,
as defined in the Surety Bond; provided, however, that in the event that the
amount on deposit in, or credited to, the Reserve Account, in addition to the
amount available under the Surety Bond, includes amounts available under
a letter of credit, insurance policy, Surety Bond or other such funding
instrument (the /I Additional Funding Instrument"), draws on the Surety
Bond and the Additional Funding Instrument shall be made on a pro rata
basis to fund the insufficiency.
the Trustee, or Paying Agent, if appropriate, shall, after submitting to Ambac
Assurance the Demand for Payment as provided in (a) above, make available
to Ambac Assurance all records relating to the Funds and Accounts
maintained under the Series 2003 Authorizing Document.
the Trustee, or Paying Agent, if appropriate, shall, upon receipt of moneys
received from the draw on the Surety Bond, as specified in the Demand for
Payment, credit the Reserve Account to the extent of moneys received
pursuant to such Demand.
the Reserve Account shall be replenished in the following priority: (i)
[principal and interest on the Surety Bond shall be paid from first available
Revenues] [principal and interest on the Surety Bond and on the Additional
Funding Instrument shall be paid from first available Revenues on a pro rata
basis]; (ii) after all such amounts are paid in full, amounts necessary to fund
the Reserve Account to the required level, after taking into account the
amounts available under the Surety Bond [and the Additional Funding
Instrument] shall be deposited from next available Revenues.
b.
c.
d.
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APPENDIX D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
..CONl'INJlING_DJ~CLOSlJRE_CERJ'lflCATE
TIlis Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by
the City of Clearwater, Florida (the "Issuer") in connection with the issuance of its $[Bond Amount] Gas
System Revenue Refunding Bonds, Series 2004 (the "Series 2004 Bonds"). The Series 2004 Bonds are
being issued pursuant to Ordinance No. -2004 enacted by the City Commission of the City (the
"Commission") on [ ] (the "Ordinance"), as supplemented by Resolution 2004- adopted on
[ ] (as so supplemented, the "Authorizing Ordinance"). TIle Issuer covenants and agrees as
follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This Disclosure
Certificate is being executed and delivered by the Issuer for the benefit of the Series 2004 Bondholders
and in order to assist the original underwriters of the Series 2004 Bonds in complying with Rule 15c2-
12(b)(5) promulgated by the Securities and Exchange Commission ("SEC") pursuant to the Securities
Exchange Act of 1934 (the "Rule").
SECTION 2. PROVISION OF ANNUAL INFORMATION. Except as otherwise
provided herein, the Issuer shall provide to all of the nationally recognized municipal securities infonnation
repositories described in Section 4 hereof (the "NRMSIRs"), and to any state infonnationdepository that
is established within the State of Florida (the "SID"), on or before June 30 of each year, commencing June
30, 2005, the infonnation set forth below in this Section 2. Notwithstanding the immediately preceding
sentence, to the extent any such infonnationdoes not become available to the Issuer before June 30 ofany
year, the Issuer shall provide such infonmtion when it becomes available, but no later than one year
following the end of the Issuer's Fiscal Year,
(A) the Issuer's Comprehensive Annual Financial Report for the immediately preceding Fiscal
Year (the "CAFR"), which shall include the audited financial statements of the Issuer for the immediately
preceding Fiscal Year prepared in accordance withGenernlly Accepted Accounting Principles, as modified
by applicable State of Florida requirements and the governmental accounting standards promulgated by
the Government Accounting Standards Board; provided, however, if the audited financial statements of the
Issuer are not completed prior to April 30 of any year, the Issuer shall provide unaudited financial
statements on such date and shall provide the audited fmancialstatements as soon as prncticable following
their completion; and
(8) to the extent not set forth in the CAFR, additional financial infonnationand opernting data
of the type included with respect to the Issuer in d1e fmal ollicial statement prepared in connection with the
sale and issuance of the Series 2004 Bonds (as amended, the "Official Statement"), as set forth below:
1. Updates of the historical financial infonnation set forth in the Official Statement
under the subheadings "Rates, Fees and Charges" and "Service Area" under dre principal caption
"TIlE SYSTEM" and "HISTORICAL COVERAGE OF MAXIMUM ANNUAL DEBT
SERVICE BYll-IE SYSTEM NET REVENUES" (for the then-immediately preceding five fiscal
years.
2. Description of any additional indebtedness payable in whole or in part from the
System Net Revenues (as defined in thc Ordinance).
3. Any other financial infonnation or operating data ofthc type included in the Official
Statement which would be material to a holder or prospective holders of the Series 2004 Bonds,
For purposes of tllis Disclosure Certificatc, "Fiscal Year" means the period commencing on
October I and ending on September 30 of the next succeeding year, or such othcr period of time provided
by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. TIle Issuer shall provide to
thc NRMSfRs or the Municipal Securities Rulemaking Board (the "MSRB") and to the SID, on a timely
basis, notice of any of the following events, if such event is matcrial with respect to the Series 2004 Bonds
or the Issucr's ability to satisfy its payment obligations with respect to the Scries 2004 Bonds:
(A) Principal and interest payment delinquencies;
(B) Non-payment related dcfaults;
(C) Unscheduled draws on the debt service reserve fund reflecting financial difficulties;
(D) Unscheduled draws on credit enhancement reflecting fmancial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perfonn;
(F) Adverse tax opinions or events affecting the tax-exempt status of the Series 2004 Bonds;
(0) Modifications to rights of Series 2004 Bondholders;
(H) Redemptions;
(I) Defeasanccs;
(1) Release, substitution, or sale of property securing repayment of the Series 2004 Bonds;
(K) Rating changes; and
(L) Notice of any failure on the part of the Issuer or any other Obligated Person (as dcfined
herein) to meet the requirements of Section 2 hereof.
2
TIle Issuer may from time to time, in its discretion, choose to provide notice of the occurrence of
certain other events I in addition to those listed in this Section 3, if, in the judgment of the Issuer, such other
events are material with respect to the Series 2004 Bonds, but the Issuer does not specifically undertake
to commit to provide any such additional notice of the occurrence ofany material event except those events
listed above.
Whenever the Issuer obtains knowledge of the occurrence of a significant event described in this
Section 3, the Issuershall as soon as possible detennine ifsuchevent would be material under applicable
federal securities law to holders of Series 2004 Bonds, provided, that any event under clauses (D), (E),
(F), (K) or (L) above will always be deemed to be material.
SECTION 4. NRMSIRs. The NRMSIRs to which the Issuer shall provide the
infonnationdescribed in Sections 2 and 3 above, to the extent required, shall be the following organizations,
their successors and assigns:
(A) Bloomberg Municipal Repositories
P,O. Box 840
Princeton, New Jersey 08542-0840
Phone: 609/279-3200
Fax: 609/279-5962
Email: munis@bloomberg.com
(8) Thomson NRMSIR
Attn: Municipal Disclosure
395 Hudson Street, 3rd Floor
New York, New York 10014
Phone: 212/807-5001
800/689-8466
Fax: 212/989-2078
Fmail: Disclosure@muller.com
(C) Kenny lofonnation Systems, loc.
65 Broadway, 16th Floor
New York, New York 10006
Attn: Kenny Repository Service
Phone: 212/770-4595
Fax: 212/797-7994
3
(D) ope Data Inc.
One Executive Drive
Fort Lee, New Jersey 07024
Phone: 20 I /346-070 1
Fax: 201/947-0107
Email: NRMSIR@dpcdata.com
(E) Any NlUvlSIRs that are established subsequently and approved by the SEC.
(F) A list of the names and addresses of all designated NRMSIRs as of any date may currently
be obtained by calling the SEe's Fax on Demand Service at 202/942-8088 and requesting document
number 0206.
SECTION 5. NOEVENTOFDEFAULT. Notwithstanding any other provision in the
Ordinance to the contrary, failure of the Issuer to comply with the provisions of this Disclosure Certificate
shall not be considered an event of default under the Ordinance; provided, however, any Series 2004
Bondholder may take such actions as maybe necessary and appropriate, including pursuing an action for
mandamus or specific perfonnance, as applicable, by court order, to cause the Issuer to comply with its
obligations hereunder. For purposes of this Disclosure Certificate, "Series 2004 Bondholder" shall mean
any person who (A) has dle power, directly or indirectly, to vote or consent with respect to, or to dispose
of ownership of, any Series 2004 Bonds (including persons holding Series 2004 Bonds through nominees,
depositories or other intennediaries), or (B) is treated as the owner of any Series 2004 Bond for federal
income tax purposes.
SECTION 6. INCORPORATION BY REFERENCE. Any or all of the infbnnation
required herein to be disclosed may be incorporated by reference from other documents, including official
statements or debt issues of the Issuer of related public entities, which have been submitted to each of the
NRMSIRs and the SID, ifany, or the SEC. If the document incorporated by reference is a final official
statement, it must be available from the MSRB. TIle Issuer shall clearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, from time to time,
appoint or engage a dissemination agent to assist it in carrying out its obligations under this Disclosure
Certificate, and may discharge any such agent, with or without appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this Disclosure
Certificate shall tenninate upon. (A) the legal defeasance, prior redemption or payment in full of all of the
Series 2004 Bonds, or (B) the tennination of the continuing disclosure requirements of the Rule by
legislative, judicial or administrative action.
.
4
SECTION 9. AMENDl\-IENTS. Notwithstanding any other provIsion of this
Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision may be waived,
ifsuch amendment or waiver is supported by an opinion of counsel that is nationally recognized in the area
of federal securities laws, to the eftect that such amendment or waiver would not, in and of itself, cause the
undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof
but taking into account any subsequent change in or official interpretation of the Rule.
SECfION 10. ADDITIONAL INFORMATION. Nothing in tllis Disclosure Certificate
shall be deemed to prevent the Issuer from disseminating any other Infonnation, using the means of
dissemination set forth in this Disclosure Certificate or any other means of communication, or including any
other infonnation in its annual infonnation described in Section 2 hereof or notice of occurrence of a
significant event described in Section 3 hereof, in addition to that which is required by this Disclosure
Certificate. If the Issuer chooses to include any information in its annual information or notice of occurrence
of a significant event in addition to that which is specifically required by this Disclosure Certificate, the
Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in
its future annual infonnation or notice of occurrence of a significant event.
SECfION 11. OBLIGATED PERSONS, Ifanyperson, other than the Issuer, becomes
an Obligated Person (as defmed in the Rule) relating to the Series 2004 Bonds, the Issuer shall use its best
efforts to require such Obligated Person to comply with aU provisions of the Rule applicable to such
Obligated Person.
Dated as of [
], 2004
ArrEST:
CITY OF CLEARWATER, FLORIDA
By:
City Clerk
Mayor
5
APPENDIX E
FORM OF BOND COUNSEL OPINION
FORM OF BOND COUNSEL OPINION
Upon delivery of the Bonds in definitive form, Bryant Millcr & Olive P.A., Bond Counsel
proposed to render its final approving opinion in substantially the following form:
[Date of Delivery]
City Commission
City of Clearwater
Clearwater, Florida
$ CITY OF CLEARWATER, FLORIDA
GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2004
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance by the City of Clearwater,
Florida (the "Issuer") of its $ Gas System Revenue Refunding Bonds, Series 2004 (the
"Series 2004 Bonds") pursuant to the Constitution and laws of the State of Florida, particularly
Chapter 166, Part II, Florida Statutes, and other applicable provisions of law, Ordinance No. 5118-
91, enacted by the City Commission of the Issuer on August 15, 1991 (the "Original Ordinance"), as
amended and supplemented by Ordinance No. 7191-03, enacted by the City Commission of the
Issuer on October 2,2004 (the "2004 Ordinance", together with the Original Ordinance, collectively,
the "Ordinance"). The proceeds of the Series 2004 Bonds are to be used to refund the Issuer's
outstanding Gas System Revenue Bonds, Series 1996A, pay a portion of the costs of issuance of the
Series 2004 Bonds and to purchase a debt service reserve surety bond for the Series 2004 Bonds.
Any capitalized undefined terms used herein shall have the meaning set forth in the Ordinance.
As to questions of fact material to our opinion, we have relied upon representations of the
Issuer contained in the Ordinance and in the certified proceedings and other certifications of public
officials furnished to us, without undertaking to verify the same by independent investigation, We
have not undertaken an independent audit, examination, investigation or inspection of such matters
and have relied solely on the facts, estimates and circumstances described in such proceedings and
certifications. We have assumed the genuineness of signatures on all documents and instruments,
the authenticity of documents submitted as originals and the conformity to originals of documents
submitted as copies.
We have not been engaged or undertaken to review the accuracy, completeness or
sufficiency of any offering material relating to the Series 2004 Bonds. This opinion should not be
construed as offering material, an offering circular, prospectus or official statement and is not
intended in any way to be a disclosure statement used in connection with the sale or delivery of the
E-I
City of Clearwater
Page 2
Series 2004 Bonds. Furthermore, we are not passing on the accuracy or sufficiency of any CUSIP
numbers appearing on the Series 2004 Bonds. In addition, we have not been engaged to and, there-
fore, express no opinion as to compliance by the Issuer or the underwriter with any federal or state
statute, regulation or ruling with respect to the sale and distribution of the Series 2004 Bonds.
In rendering this opinion, we have examined and relied upon the opinion of even date
herewith of Pamela K. Akin, Esquire, Counsel for the Issuer, as to the due creation and valid
existence of the Issuer, the due enactment of the Ordinance, the due authorization, execution and
delivery of the Series 2004 Bonds and the compliance by the Issuer with all conditions precedent to
the issuance of the Series 2004 Bonds, As to matters regarding arbitrage yield and related matters,
we have examined and relied upon the verification report of , prepared on behalf of
the City in connection with the issuance of the Series 2004 Bonds and the advance refunding of the
Series 1996A Bonds.
The Series 2004 Bonds are being issued on a parity with the Issuer's Gas System Revenue
Bonds, Series 1997 A (the "Series 1997 A Bonds"), and the Issuer's Gas System Revenue Refunding
Bonds, Series 1997B (the "Series 1997B Bonds"), and the Issuer's Gas System Revenue Refunding
Bonds, Series 1998 (the "Series 1998 Bonds") and together with the Series 1997 A Bonds and Series
1997B Bonds, collectively the "Parity Bonds". Pursuant to the terms, conditions and limitations
contained in the Ordinance, the Issuer has reserved the right to issue obligations in the future which
shall have a lien on the Net Revenues equal to that of the Parity Bonds and the Series 2004 Bonds.
The Series 2004 Bondsdo not constitute a general obligation or indebtedness of the Issuer
within the meaning of any constitutional, statutory or other limitation of indebtedness and the
holders thereof shall never have the right to compel the exercise of any ad valorem taxing power of
the Issuer or taxation in any form of any real or personal property for the payment of the principal
of or interest on the Series 2004 Bonds.
The opinions set forth below are expressly limited to, and we opine only with respect to, the
laws of the State of Florida and the federal income tax laws of the United States of America.
Based on our examination, we are of the opinion, as of the date of delivery of and payment
for the Series 2004 Bonds, as follows:
1. The Ordinance has been duly enacted by the Issuer and constitutes a valid and binding
obligation of the Issuer enforceable upon the Issuer in accordance with its terms.
E-2
City of Clearwater
Page 3
2. The Series 2004 Bonds have been duly authorized, executed and delivered by the Issuer
and are valid and binding special obligations of the Issuer enforceable in accordance with their
terms, payable solely from the sources provided therefor in the Ordinance.
3, The Internal Revenue Code of 1986, as amended (the "Code"), establishes certilin
requirements which must be met subsequent to the issuilnce and delivery of the Series 2004 Bonds
in order that interest on the Series 2004 Bonds be and remilin excluded from gross income for
purposes of federal income taxation. Non-compliilnce may cause interest on the Series 2004 Bonds
to be included in federal gross income retroactive to the dilte of issuilnce of the Series 2004 Bonds,
regardless of the date on which such non-compliance occurs or is ascertained. The Issuer hilS
covenanted in the Ordinance to comply with such requirements in order to maintain the exclusion
from federal gross income of the interest on the Series 2004 Bonds.
Subject to compliance by the Issuer with the aforementioned covenants, (a) interest on the
Series 2004 Bonds is excluded from gross income for purposes of federal income taxation, and
(b) interest on the Series 2004 Bonds is not an item of tax preference for purposes of the federal
alternative minimum tax imposed on individuals and corporations; however, with respect to
corporations (as defined for federal income tax purposes), such interest is taken into account in
determining adjusted current earnings for the purpose of computing the alternative minimum tax
imposed on such corporations. We express no opinion regarding other federal tax consequences
arising with respect to the Series 2004 Bonds.
4. The Series 2004 Bonds are exempt from intangible taxes imposed pursuant to Chapter
199, Florida Statutes,
It is to be understood that the rights of the owners of the Series 2004 Bonds and the
enforceability thereof may be subject to the exercise of judicial discretion in accordance with general
principles of equity, to the valid exercise of the sovereign police powers of the State of Florida and
of the constitutional powers of the United States of America and to bankruptcy, insolvency,
reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter
enacted.
Our opinions expressed herein are predicated upon present law, facts and circumstances,
and we assume no affirmative obligation to update the opinions expressed herein if such laws, facts
or circumstances change after the date hereof.
Very truly yours,
BRY ANT MILLER & OLIVE P.A.
E-3
APPENDIX F
SPECIMEN BOND INSURANCE POLICY .
Amhac Assurance Corporation
One Statl: Street PI&1Za
New York. NY 1001)4
212,668.03~O
II memher ojAmbac Final/cial Group. file,
C01\'Il\'IITMENT FOR FINANCIAL GUARANTY INSURANCE
Ohligor:
CITY OF CLEARWATER, FLORIDA
Commitmcnt Number: 25903
Commltml:l1t Date: Novemher 13,2003
Expiration Date: Fc:bruary II, 2004
Obligations: $8,900.000. in aggregate principal amount of Gas System Revenue Refunding Bonds, dated
January I, 2004 consisting of: $3,200,000 Serial Bonds maturing on September I in the
years 2004 through 2018, both inclusive; $2,090,000 Term Bonds mattuing on September I,
2023; and $3,610,000 Tcrm Bonds maturing on September 1,2026.
Insurance prcmium: 0.469% of the total principal and interest due on the Obligations (Fitch, Inc.,
l\'loody's Investors Senice and Standard & Poor's Credit Markets Services assess separate rating fees
which arc payable directly to them. Each rating agency will bill separately and all questions
regarding the paymcnt of such fe~s must be addressed to the applicable agency.)
Ambac Assurance Corporation ("Ambac"), a \Visconsin Stock Insurance Corporation,
hereby commits to issue a Financial Guaranty Insurance Policy (the "Policy") relating to the above-
described debt obligations (the "Obligations"), substantially in the form imprinted in this Commitment,
subject to the terms and conditions contained herein or added hereto (see conditions set forth herein).
To keep this Commitment in effect after the expiration datc set forth above, a request for renewal must be
submitted to Ambac prior to such expiration date. Ambac reserves the right to refuse wholly or in part to
grant a renewal.
The Financial Guaranty Insurance Policy shall be issued if the following conditions are satisfied:
I. The documents to be executed and delivered in connection with the issuance and sale of the Obligations
shall not contain any untrue or misleading statement of a matcrial fact and shall not fail to state a
material fact necessary in order to make the information contained therein not misleading.
2. No event shall occur which would permit any purchaser ofthc Obligations, othcnvisc required, not to be
required to purchase the Obligations on the date scheduled for the issuance and delivery thereof.
3. There shall be no material change in or affecting the Obligations (including, without limitation, the
security for the Obligations or the proposed debt service stnlCturc for the Obligations) or the financing
documents or the official statement (or any similar disclosure documcnt) to be cxccuted and delivered in
connection with the issuance and sale of the Obligations from the descriptions or schedules thereof
heretofore provided to Ambac.
. Sub,l:'o:t Ii" change, \\llh t\mhac's approval.
4. The Obligations shall contain no reference to Ambac, the Policy or the financial guaranty Insurance
evidenced thereby except as may be approved by Ambac,
5, :\mbac shall be provided with:
(a) Executed copies of all financing documents, the ofticial statement (or any similar disclosure
document) and the various legal opinions delivered in connection with the issuance and sale of the
Obligations, including, without limitation, the unqualified approving opinion of bond counsel
rendered by a law fiml acceptable to Ambac, The fonn of Bond Counsel's approving opinion shall
also indicate, if applicable, that the Obligations arc exempt from federal income taxation, that the
Obligor must comply with certain covenants under and pursuant to the new tax law and that the
Obligor has the legal power to comply With such covcnants. Such opinion of bond counsel shall be
addressed to Ambac or, in lieu thereof, a letter shall be provided to Ambac to the effect that Ambac
may rely on such opinion as If it were addressed to Ambac,
(b) Evidence of a wire transfer in an amount equal to the insurance premium at the timc of the issuance
and delivery of the Obligations,
6. Unless expressly waived in whole or in part by Ambac, thc financmg documents ami the Official
Statement shall contain (a) the tenns and provisions provided in Ambac's STANDARD PACKAGE
transmitted herewith, and (b) any additional oral or written provisions or comments submitted by
Ambac.
7. Ambac shall receive a copy of any insurance policy, surety bond, guaranty or indemnification or any
other policy, contract or agreement which provides for payment of all or any portion of the debt, the
costs of reconstruction, the loss of business income or in any way secures, ensures or enhances the
income stream anticipated to pay the Obligations.
8. Any provisions or requirements of the Purchase Contract or Bond Purchase Agreement referencing
Ambac must be sent to the attention of Danielle Brackett not less than five (5) business days prior to
closing. If such provisions or requirements arc not received within that timc, compliance may not be
possible.
9. Review and approval by Ambac at least 5 days prior to the closing of the Escrow Agreement for the
defeasance of the applicable Obligations (thc "Prior Obligations").
10, Prior to closing, Ambac must receivc certification by an accounting firm acceptable to Ambac that the
securities invested are sufficient to pay thc Prior Obligations, Upon rcceipt of this commitment Ambac
should be notified which firm will be providing certification.
II. Receipt of an acceptable opinion of counsel addressed to Ambac that the Prior Obligations have been
Icgally defeased.
12. Receipt of an acceptable opinion of counsel addressed to Ambac with regard to the validity and
enforceability ofthc Escrow Agreement.
13. If a forward supply contract is used:
(a) Securities delivered to the escrow agreement must be non-callable U.S. Government obligations,
which do not mature latcr than thc date needed to pay debt service on the refunded Obligations.
(b) The CPA verification must bc in form and substance satisfactory to Ambac and must opine that
the escrow is sufficient to defease the refunded Obligations whether or not the forward supply
contract provider delivers securities to the escrow,
(c) The forward supply contract must specify that (i) the purchase price of the securities delivered to
the escrow must not exceed the amount of cash received from maturing securities in the escrow,
as specified in the verification, and (ii) the maturity value of the securities delivered to the escrow
must not be less than the purchase price paid for such securities.
(d) The forward supply contract provider shall have no recourse to the escrow upon any failure of the
Obligor or escrow agent to perfonn its obligations under the forward supply contract. Other than
the payment of the purchase price for the securities to be delivered pursuant to the forward supply
contract, no payments of any other kind may be made frol11 the escrow in respect of the forward
supply contract.
(e) The forward supply contract provider must be rated at least A by a nationally recognized rating
agency.
(1) The forward supply contract shall be in foml and substance satisfactory to Ambac,
~ Q~~~---
Authorized Officer
.
EXHIBIT D
CONTINUING DISCLOSURE CERTIFICATE
D-l.
. _. u.. . CONTINUlN.G DISCLOSURE.CERTIFICATE ...u_. ____.__
TIlis Continuing Disclosure Cel1ificate (the "Disclosure Certificate") is executed and delivered by
the City of Clearwater, Florida (the "Issuer") in connection with the issuance of its $[Bond Amount] Gas
System Revenue Refunding Bonds, Series 2004 (tlle "Scrics 2004 Bonds"). TIle Series 2004 Bonds are
being issued pursuant to Ordinance No. -2004 enacted by the City Commission of the City (the
"Commission") on [ ] (the "Ordinance"), as supplcmented by Resolution 2004- adoptcd on
[ ] (as so supplemented, the "Authorizing Ordinance"). TIle Issuer covenants and agrees as
tollows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. lllis Disclosurc
Certificate Lc; being executed and delivered by the Issuer for the benefit of the Series 2004 Bondholders
and in order to assist thc original underwriters of the Series 2004 Bonds in complying with Rule 15c2-
12(b)(5) promulgated by tile Sccurities and Exchange Commission ("SEe") pursuant to the Securities
Exchange Act of 1934 (the "Rule").
SECTION 2, PROVISION OF ANNUAL INFORMATION. Except as otherwise
provided herein, the Issuer shall provide to all of the nationally recognized municipal securities infonnation
repositories descrihed in Section 4 hereof (the "NRMSIRs"), and to any state infonnationdepository that
is established within the State of Florida (the "SID"), on or before June 30 of each year, commencing June
30, 2005, the infonnation set forth below in this Section 2. Notwithstanding the immediately preceding
sentence, to the extent any such infonnationdoes not become available to the Issuer before June 30 ofany
year, the Issuer shall provide such infonmtion when it becomes available, but no later than one year
following the end of the Issuer's Fiscal Year.
(A) the Issuer's Comprehensive AnnualFinancial Report for the immediately preceding Fiscal
Y car (the "CAFR"), which shall include the audited financial s~1tements of tlle Issuer for the immediately
preceding F iscal Year prepared in accordance with Generally Accepted Accounting Principles, as modi fled
by applicable State of Florida requirements and the governmental accounting standards promulgated by
the Govemment Accounting Standards Board; provided, however, if the audited financial statements of the
Issuer are not completed prior to April 30 of any year, the Issuer shall provide unaudited financial
statements on such date and shall provide the audited financial statements as soon as practicable following
their completion; and
(8) to the extent not set forth in the CAFR, additional financial infonnation and operating data
of the type included with respect to the Issuer in the final official statement prepared in connection with tJle
sale and issuance of the Series 2004 Bonds (as amended, the "Official Statement"), as set forth below:
I. Updates of the historical financial infonnation set forth in the Official Statement
under the subheadings "Rates, Fees and Charges" and "Service Area" under the principal caption
'THE SYSTEM" and "HISTORICAL COVERAGE OF MAXIMUM ANNUAL DEBT
SERVICE BY TIlE SYSTEM NET REVENUES" (for tJle then-immediately preceding five fiscal
years.
2. Description of any additional indebtedness payable in whole or in part from the
System Net Revenues (as defined in the Ordinance).
3. Any other financial infonnation or operating data ofthe type included in the Official
Statement which would be material to a holder or prospective holders of the Series 2004 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year" means the period commencing on
October I and ending on September 30 of the next sllcceeding year, or such other period of time provided
by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. The Issuer shall provide to
the NRMSIRs or the Municipal Securities Rulemaking Board (the "MSRB") and to the SID, on a timely
basis, notice of any of the following events, if such event is material with respect to the Series 2004 Bonds
or the Issuer's ability to satisfy its payment obligations with respect to the Series 2004 Bonds:
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on the debt service reserve fund reflecting financial difficulties;
(0) Unscheduled draws on credit enhancement reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perfonn;
(F) Adverse tax opinions or events affecting the tax-exempt status of the Series 2004 Bonds;
(0) Modifications to rights of Series 2004 Bondholders;
(H) Redemptions;
(I) Defeasances;
.
(1) Release, substitution, or sale of property securing repayment of the Series 2004 Bonds;
(K) Rating changes; and
(L) Notice of any failure 011 the part of the Issuer or any other Obligated Person (as defined
herein) to meet the requirements of Section 2 hereof,
2
The Issuer may from time to time, in its discretio~, choose to provide notice of the occurrence of
certain other events, in addition to those listed in this Section 3, if, in the judgment of the Issuer, such other
events arc material with respect to the Serics 2004 Bonds, but the Issuer does not specifically undertake
to commit to provide any such additional notice oftlle occurrence ofany material event except those events
listed above.
Whenever the Issuer obtains knowledge of the occurrence of a significant event described in this
Section 3, the Issuer shall as soon as possible detennine ifsuchevent would be material under applicable
fcderal securities law to holders of Series 2004 Bonds, provided, that any event under clauses (D), (E),
(F), (K) or (L) above will always be deemed to be material.
SECTION 4. NRMSIRs. The NRMSIRs to which the Issuer shall provide the
infonnationdescribed in Sections 2 and 3 above, to tllC extent required, shall be the following organizations,
their successors and assigns:
(A) Bloomberg Municipal Repositories
P.O. Box 840
Princeton, New Jersey 08542-0840
Phone: 609/279-3200
Fax: 609/279-5962
Fmail: munis@bloomberg.com
(8) Thomson NRMSIR
Attn: Municipal Disclosure
395 Hudson Street, 3rd Floor
New York, New York 10014
Phone: 212/807-5001
800/689-8466
Fax: 212/989-2078
Frnail: Disclosurc@muller.com
(C) Kenny lnfonnation Systems, Inc.
65 Broadway, 16th Floor
New York, New York. 1 0006
Attn: Kenny Repository Service
Phone: 212/770-4595
FaX: 212/797 -7994
3
(D) ope Data Inc.
One Executive Drive
Fort Lee, New Jersey 07024
Phone: 201/346-070 I
Fax: 201/947-0107
Email: NRMSJR@dpcdata.com
(E) Any NRlvfSIRs that are established subscquently and approved by the SEe.
(F) A list of the names and addresses of all designated NRlVISIRs as ofany date maycun'clltly
be obtained by calling the SEC's Fax on Demand Service at 202/942-8088 and requesting document
number 0206.
SECTION 5. NO EVENTOF DEFAULT. Notwithstanding any other provision in the
Ordinance to the contrary. failure of the Issuer to comply with the provisions ofthis Disclosure Certificate
shall not be considered an event of det:1ult under the Ordinance; provided, however, any Series 2004
Bondholder may takc such actions as maybe necessary and appropriate, including pursuing an action for
mandamus or specific perfommncc, as applicable, by court order, to cause the Issucr to comply with its
obligations hereunder. For purposes of this Disclosure Certificate, "Series 2004 Bondholder" shall mean
any person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose
of ownership of, any Series 2004 Bonds (including persons holding Series 2004 Bonds tluuugh nominees,
depositories or other internlediaries), or (8) is treated as the owner of any Series 2004 Bond for federal
income tax purposes.
SECTION 6, INCORPORATION BYREFERENCE. Anyoralloftheinfonnation
required herein to be disclosed may be incorporated by reference from other documents, including official
statements or debt issues of the Issuer of related public entities, which have been submitted to each of the
NRMSlRs and the SID, if any, or tllC SEC. If the document incorporated by reference is a final ofticial
statement, it must be available from the MSRB. TIle Issucr shall clearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. TIle Issuer may, from time to time,
appoint or engage a dissemination agent to assist it in canying out its obligations under this Disclosure
Certificate, and may discharge any such agent, with or without appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this Disclosure
Certificate shall tenninate upon (A) the legal defeasance, prior redemption or payment in full of all of the
Series 2004 Bonds. or (8) the tcnnination of thc continuing disclosure requirements of the Rule by
legislative, judicial or administrntive action.
4
SECTION 9. AMENDMENTS, Notwithstanding any other provIsIon of this
Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision may be waived,
if such amendment or waiver is supported by an opinion of counsel that is nationally recognized in the area
of federal securities laws, to the effect that such amendment or waiver would not, in and of itself, cause the
undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof
but taking into account any subsequent change in or official interpretation of the Rule,
SECfION 10, ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate
shall be deemed to prevent the Issuer from disseminating any other infonnation, using the means of
dissemination set forth in this Disclosure Certificate or any other means of communication, or including any
other infonnation in its annual information described in Section 2 hereof or notice of occurrence of a
significant event described in Section 3 hereof, in addition to that which is required by this Disclosure
Certificate. If the Issuer chooses to include any infonnation in its annual information or notice of occurrence
of a significant event in addition to that which is specifically required by this Disclosure Certificate, the
Issuer shall have no obligation under this Disclosure Certificate to update such infonnation or include it in
its future annual information or notice of occurrence of a significant event.
SECfION 11. OBLIGATED PERSONS. If any person, other than the Issuer, becomes
an Obligated Person (as defmed in the Rule) relating to the Series 2004 Bonds, the Issuer shall use its best
efforts to require such Obligated Person to comply with all provisions of the Rule applicable to such
Obligated Person.
Dated as of [
], 2004
A TrEST:
CITY OF CLEARWATER, FLORIDA
By:
City Clerk
Mayor
5
.
EXHIBIT E
COMMITMENT FOR MUNICIPAL BOND INSURANCE POLICY
E-l
Ambac Assunmce Corporation
One State Street Plaza
New York, NY 10004
212.668,0340
A memher (~(AlIIbac Fi/la/lcial Group, [I/C,
C01VliVIITl\'IENT FOR FINANCIAL GUARANTY INSURANCE
Obligor:
CITY OF CLEARWATER, FLORIDA
Commitment Number: 25903
Commitment Date: November 13,2003
Expiration Date: February II, 2004
Obligations: $8,900,000. in aggregate principal amount of Gas System Revenue Refunding Bonds, dated
January I, 2004 consisting of: $3,200,000 Serial Bonds maturing on September I in the
years 2004 through 201 S, both inclusive; $2,090,000 Term Bonds maturing on September 1,
2023; and $3,610,000 Term Bonds maturing on September I, 2026.
Insurance premium: 0.4691YtI of the totalllrincip:lI and interest due on the Obligations (Fitch, Inc.,
Moody's Investors Service and Standard & Poor's Credit Markets Services assess separate rating fees
which are payable directly to them. Each rating agency will bill separately and all questions
reg:mling the payment of such fe~s must he addressed to the applicable agency.)
Anlhac Assm.ance Corpor:ltion ("AlllbllC"), a \"isconsin Stock Insurllncc Corporation,
hereby commits to issue a Financial Guaranty Insurance Policy (the "Policy") relating to the above-
described debt ohligations (the "Ohligations"), substantially in the fonn imprinted in this Commitment,
subject to the terms and conditions contained herein or added hereto (see conditions set forth herein).
To keep this Commitment in effect after the expiration date set forth above, a request for renewal must be
submitted to Ambac prior to such expiration date. Ambac reserves the right to refuse wholly or in part to
grant a rcnewal.
The Fimlllcial Guaranty Insurance Policy shall be issued if the following conditions are satisfied:
1. The documents to be executcd and delivered in connection with the issuance and sale of the Obligations
shall not contain any untrue or misleading statement of a material tact and shall not fail to state a
material fact necessary in order to make the infomlation contained therein not misleading.
2. No event shall occur which would permit any purchaser of the Obligations, otherwise required, not to be
required to purchase the Obligations on the date scheduled for the issuance and delivcry thereof.
3. There shall be no material change in or affecting the Obligations (including, without limitation, the
security for the Obligations or the proposed deht service st11lcture for the Obligations) or the financing
documents or the official statcment (or any similar disclosure doculllent) to be executed and delivered in
connection with the issuance and sale of the Obligations from the descriptions or schedules thereof
heretofore provided to Al11bac.
. Suhjt-..t to ch.lI1t:c, with All1hac's approval.
4. The Obligations shall contain no reference to Ambac, the Policy or thc financial guaranty insurance
evidenced thereby except as may be approved by Ambac.
5. Ambac shall be provided with:
(a) Executed copies of all financing documents, the official statcment (or any similar disclosure
document) and the various legal opinions delivered in connection with the issuance and sale of the
Obligations, including, without limitation, the unqualified approving opinion of bond counsel
rendered by a law fim1 acceptable to Ambac. The 1'01111 of Bond Counsel's approving opinion shall
also indicate, if applicable, that the Obligations arc exempt from federal income taxation, that the
Obligor must comply with certain covenants under and pursuant to the new tax law and that the
Obligor has the legal power to comply with such covenants, Such opinion of bond counsel shall be
addressed to Ambae or, in lieu thereof, a letter shall be provided to Ambac to the effect that Ambac
may rely on sllch opinion as if it were addressed to Ambnc.
(b) Evidence of a wire transfer in an amount equal to the insurance premium at the time of the issuance
and delivery of the Obligations.
6. Unless expressly waived in whole or in part by Ambac, thc financing documents and the Official
Statement shall contnin (a) the tcm1S and provisions provided in Ambac's STANDARD PACKAGE
transmitted herewith, and (b) any additional oral or written provisions or comments submittcd by
Ambae.
7. Ambac shall receive a copy of any insurance policy, suret)' bond, guaranty or indcmnification or any
other policy, contract or agreement which provides for paymcnt of all or any portion of the debt, the
costs of reconstruction, the loss of business income or in any way secures, ensures or enhances the
income stream anticipated to pay the Obligations.
8. Any provisions or requirements of the Purchase Contract or Bond Purchasc Agreemcnt referencing
Ambac must be sent to the attention of Oanielle Brackett not less than fivc (5) business days prior to
closing. If such provisions or requirements arc not received within that time, compliance may not be
possible.
9. Review and approval by Ambac at least 5 days prior to the closing of the Escrow Agreement for the
defeasance of the applicable Obligations (the "Prior Obligations").
10. Prior to closing, Ambac must receive certification by an accounting fim1 acceptable to Ambac that the
securities invested are sufficient to pay the PlioI' Obligations. Upon receipt of this commitment Ambac
should be notified which finn will be providing certification. .
I I. Receipt of an acceptable opinion of counsel addressed to Ambac that the Prior Obligations have been
legally defeased.
12. Receipt of an acceptable opinion of counsel addressed to Ambac with regard to the validity and
enforceability of the Escrow Agrecment.
13. If a forward supply contract is used:
(a) Securities delivered to the escrow agrcement must be non-callable V.S, Govemment obligations,
which do not mature latcr than the date needed to pay debt service on the refunded Obligations.
(b) The CPA verification must be in fonn and substance satisfactory to Ambac and must opine that
the escrow is sufficient to dcfease the refunded Obligations whether or not the forward supply
contract provider delivers securities to the escrow.
(c) The forward supply contract must specify that (i) the purchase price of the securities delivered to
the escrow must not exceed the amount of cash received from maturing securities in the escrow,
as specified in the verification, and (ii) the maturity value of the securities delivered to the escrow
must not be less than the purchase price paid for such securities,
(d) The forward supply contract provider shaH have no recourse to the escrow upon any failure of the
Obligor or escrow agent to perform its obligations under the forward supply contract. Other than
the payment of the purchase price for the securities to be delivered pursuant to the forward supply
contract, no payments of any other kind may be made from the escrow in respect of the forward
supply contract.
(e) The forward supply contract provider must be rated at least A by a nationally recognized rating
agency.
(1) The forward supply contract shall be in fonn and substance satisfactory to Ambac.
~OA-a~~~
Authorized Officer
EXHIBIT F
ESCROW DEPOSIT AGREEMENT
F-l
ESCRO\V DEPOSIT AGREEMENT
This ESCROW DEPOSIT AGREEMENT. dated as of October 1, 2003, by and between
the CITY OF CLEAR WATER, FLORIDA, a municipal corporation of the State of Florida (the
"Issuer"), and [BANK], a [national banking association] organized under the laws of the United
States of America, as Escrow Holder (the "Escrow Holder"):
WITNESSETH:
WHEREAS, the Issuer has previously authorized and issued obligations of the Issuer as
hereinafter set forth defined as the "Refunded Bonds", as to which the Aggregate Debt Service
(as hereinafter defined) is set forth on Schedule A; and
WHEREAS, the Issuer has determined to provide for payment of the Aggregate Debt
Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the provisions
hereof, cash and Federal Securities (as defined herein), the principal of and interest on which will
be at least equal to the Aggregate Debt Service; and
WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has
authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2003
Bonds more fully described herein; and
WHEREAS, the Issuer has determined that the amount to be on deposit from time to time
in the Escrow Account, as defined herein, will be sufficient to pay the Aggregate Debt Service;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Issuer and the Escrow Holder agree as follows (provided however that the Escrow
Holder in agreeing to the foregoing shall not be held or deemed responsible in any manner
whatsoever for the recitals made herein or in the Ordinance, or the adequacy or sufficiency of the
Escrow Requirement):
Section 1. Definitions, As used herein, the following terms mean:
(a) "Aggregate Debt Service" means, as of any date, the sum of all present and future
Annual Debt Service payments then remaining unpaid with respect to the respective Series of the
Refunded Bonds.
(b) "Agreement" means this Escrow Deposit Agreement.
(c) "Annual Debt Service" means, with respect to the redemption date for the
Refunded Bonds, the principal of, premium, and interest on the respective Series of the Refunded
Bonds coming due on the redemption date as shown on Schedule A attached hereto.
(d) "Bonds" or "Series 2003 Bonds" means the Gas System Revenue Refunding
Bonds, Series 2003 of the Issuer, authorized by the Ordinance, as herein defined.
(e) "Call Date" shall have the meaning set forth in the Issuer's Irrevocable Instruction
and Authorization to Redeem Bonds.
(I) "Escrow Account" means the account established and held by the Escrow Holder
pursuant to this Agreement, in which cash and investments will be held for payment of the
Refunded Bonds.
(g) "Escrow Holder" means [BANK], [CITY], [STATE], a national banking
association organized under the laws of the United States of America.
(h) "Escrow Requirement" means, as of any date of calculation, the sum of an amount
in cash and principal amount of Federal Securities in the Escrow Account which, together with
the interest due on the Federal Securities, will be sufficient to pay, as the installments thereof
become due, the Aggregate Debt Service.
(i) "Federal Securities" means direct obligations of the United States of America and
obligations the principal of or interest on which are fully guaranteed by the United States of
Ametica, none of which permit redemption prior to maturity at the option of the obligor.
U) "Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate
executed by the Issuer which provides for redemption of certain of the Refunded Bonds on the
Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs
the paying agent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon
upon surrender thereof at maturity or on their Call Date, whichever is earlier.
(k) "Issuer" means the City of Clearwater, Florida.
(I) "Ordinance" means Ordinance No, 5118-91 enacted by the Issuer on August 15,
1991, as amended and supplemented in Ordinance 7191-03, enacted on
2003, as amended and supplemented,
(m) "Paying Agent" shall mean the Paying Agent for the Refunded Bonds.
(n) "Refunded Bonds" shall mean the Series 1996A Bonds maturing on and after
September 1, 2004.
(0) "Series 1996A Bonds" shall mean the Issuer's Gas System Revenue Bonds, Series
1996A, dated July I, 1996.
Section 2, Deposit of Funds. The Issuer hereby deposits $ with the
Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow
Holder and applied solely as provided in this Agreement. The Issuer represents that:
(a) Such funds are all derived as follows:
(1)
s
from the net proceeds of the Bonds; and
(2) S
payment of the Refunded Bonds.
transfelTed from the Sinking Fund held for the
(b) Such funds, when applied pursuant to Section 3 below, will at least equal the
Escrow Requirement as of the date hereof.
Section 3. Use and Investment of Funds, The Escrow Holder acknowledges receipt of
$ and agrees:
(a) to hold the funds in ilTevocable escrow during the term of this Agreement,
(b) to deposit the sum of $ , representing the $
of funds from the Sinking Fund for the Refunded Bonds and $ from the
proceeds of the Bonds, in cash from the amount received by the Issuer in the Escrow Account,
and, hold such funds in cash until the December 1, 2003 redemption datc of the outstanding
Series 1993 Bonds,
(c) to immediately invest $
proceeds of the Bonds by the purchase of the Federal
attached hereto, and to immediately invest $
the Federal Securities set forth on Schedule B-2, and
of such funds derived from the
SecUlities set forth on Schedule B-1
of such funds by the purchase of
(d) to deposit in the Escrow Account, as received, the receipts of maturing principal
of and interest on the Federal Securities in the Escrow Account.
Section 4. Payment of Refunded Bonds.
(a) Refunded Bonds. On the redemption date for cach respective series of Refunded
Bonds, the Escrow Holder shall pay to the Paying Agent for the Rcfunded Bonds, from the cash
on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service for the
respective series of Refunded Bonds coming due on such date, as shown on Schedule A and as
demonstrated on Exhibit C hereto.
(b) Surplus. On the last redemption date for the Refunded Bonds, after making the
payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay to
the Issuer any remaining cash in the Escrow Account in excess of the Escrow Requirement, to be
llsed for any lawful purpose of the Issuer.
(e) Priority of Payments, The holders of the Refunded Bonds shall have an express
first lien on the funds and Federal Securities in the Escrow Account until such funds and Federal
Securities arc used and applied as provided in this Agreemcnt. If the cash on hand in the Escrow
Account is ever insufficient to make the payments required under Subsection 4(a), all of the
payments required under Subsection 4(a) shall be made when due before any payments shall be
made under Subsections 4(b).
(d) Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder
acknowledges receipt of its fees to serve as Escrow Holder in the amount of $500, and agrees to
invoice the Issuer for reimbursement of any out of pocket expenses inclllTed by the Escrow
Holder in performing its services hereunder, and fl1lther acknowledges that the Escrow Holder
docs not have a lien on or claim against any funds held hereunder for reimbursement of such
expenses.
Section 5. Reinvestment.
(n) Except as provided in Section 3 hereof, and in this Section, the Escrow Holder
shall have no power or duty to invest any funds held under this Agreement or to sell, transfer or
otherwise dispose of or make substitutions of the Federal Securities held hereunder.
(b) At the written request of the Issuer and upon compliance with the conditions
hereinafter stated, the Escrow Holder shall sell, transfer, otherwise dispose of or request the
redemption of any of the Federal Securities acquired hereunder and shall either apply the
proceeds thereof to the full discharge and satisfaction of the Refunded Bonds or substitute other
Federal Securities for such Federal Securities. The Issuer will not request the Escrow Holder to
exercise any of the powers described in the preceding sentence in any manner which would
cause any Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of
1986, as amended, and the Regulations thereunder. The transactions may be effected only if (i)
an independent certified public accountant shall certify to the Escrow Holder that the cash and
principal amount of Federal Securities remaining on hand after the transactions are completed,
together with the interest due thereon, will be not less than the Escrow Requirement, and (ii) the
Escrow Holder shall receive an unqualified opinion from a nationally recognized bond counsel
or tax counsel to the effect that the transactions will not cause such Bonds to be "arbitrage
bonds" within the meaning of the Intemal Revenue Code of 1986, as amended, and the
regulations thereunder in effect on the date of the transactions and applicable to transactions
undertaken on such date.
Section 6. No Redemption or Acceleration of Maturity. Except as provided in the
Irrevocable Instruction and Authorization to Redeem Bonds, the Issuer will not accelerate the
muturity or due date of the Refunded Bonds.
.
Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its respective
successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in
tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the
establishment of the Escrow Account, the acceptance of the funds deposited therein, the purchase
of the Federal Securities, the retention of the Federal Securities or the proceeds thereof or any
payment, transfer or other application of money or securities by the Escrow Holder in any non-
negligent act, non-negligent omission or non-negligent error of the Escrow Holder made in good
faith in the conduct of its duties. The Escrow Holder shall, however, be liable to the Issuer for its
negligent or willful acts, omissions or errors which violate or fail to comply with the terms of
this Agreement. The duties and obligations of the Escrow Holder shall be determined by the
express provisions of this Agreement. The Escrow Holder may consult with counsel, who may
or may not be counsel to the Issuer, and in reliance upon the opinion of such counsel shall have
full and complete authorization and protection in respect of any action taken, suffered or omitted
by it in good faith in accordance therewith. \Vhenever the Escrow Holder shall deem it
necessary or desirable that a matter be proved or established prior to taking, suffering or omitting
any action under this Agreement, such matter may be deemed to be conclusively established by a
celti ficate signed by an authorized officer of the Issuer.
The Escrow Holder has no duty to determine or inquire into the happening or occurrence
of any event or contingency where the performance or the failure of performance of the Issuer
with respect to arrangements or contracts with others, the Escrow Holder's sole duty and
responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver the
same strictly in accordance with this Agreement.
Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and thereby
become discharged from the duties and obligations hereby created, by notice in writing given to
the Issuer and published once in a newspaper of general circulation published in the territorial
limits of the Issuer, and in a daily newspaper of general circulation or a financial journal
published or circulated in the Borough of Manhattan, City and State of New York, not less than
sixty (60) days before such resignation shall take effect. Such resignation shall take effect
immediately upon the appointment of a successor Escrow Holder hereunder and payments of all
amounts due the resigning Escrow Holder.
Section 9. Removal of Escrow Holder,
(a) The Escrow Holder may be removed at any time by an instrument or concurrent
instruments in writing, executed by the holders of not less than fifty-one per centum (S 1 %) in
aggregate principal amount of each series of Refunded Bonds then outstanding, such instruments
to be filed with the Issuer, and notice in writing given by such holders to all of the registered
holders of each series of the Refunded Bonds and published once in a newspaper of general
circulation published in the territorial limits of the Issuer, and in a daily newspaper of general
circulation or a financial journal published or circulated in the Borough of Manhattan, City and
State of New York, not less than sixty (60) days before such removal is to take effect as stated in
such instrument or instruments. A photographic copy of any instrument filed with the Issuer
under the provisions of this paragraph shall be delivered by the Issuer to the Escrow Holder.
(b) The Escrow Holder may also be removed at any time for any breach of trust or for
acting or proceeding in violation of, or for failing to act or proceed in accordance with, any
provisions of this Agreement with respect to the duties and obligations of the Escrow Holder, by
the Issuer or by the holders of not less than twenty-five per centum (25%) in aggregate principal
amount of each series of the Refunded Bonds then outstanding.
(c) No such removal shaJl take effect until a successor Escrow Holder shall be appointed
hereunder.
Section 10. Successor Escrow Holder.
(a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved
or otherwise become incapable of acting, or shall be taken over by any governmental official,
agency, department or board, the position of Escrow Holder shall thereupon become vacant. If
the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any
other reason, the Issuer shall appoint a successor Escrow Holder to fulfill the duties of Escrow
Holder hereunder. The Issuer shall publish notice of any such appointment once in each week
for four (4) successive weeks in a newspaper of general circulation published in the territorial
limits of the Issuer and in a daily newspaper of general circulation or a financial journal
published or circulated in the Borough of Manhattan, City and State of New York, and, before
the second publication of such notice shall mail a copy thereof to the original purchaser or
purchasers of the Refunded Bonds.
(b) At any time within one year after such vacancy shall have occurred, the holders of
a majority in principal amount of each series of Refunded Bonds then outstanding, by an
instrument or concurrent instruments in writing, executed by all such bondholders and filed with
the governing body of the Issuer, may appoint a Sllccessor Escrow Holder, which shall supersede
any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each such
instrument shall be delivered promptly by the Issller, to the predecessor Escrow Holder and to
the Escrow Holder so appointed by the bondholders.
(c) If no appointment of a successor Escrow Holder shall be made pursuant to the
foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or any
retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor
Escrow Holder, Such court may thereupon, after such notice, if any, as such court may deem
proper and prescribe, appoint a successor Escrow Holder,
Section 11. Term, This Agreement shall commence upon its execution and delivery and
shall terminate when the Refunded Bonds have been paid and discharged in accordance
herewith. and all amounts held by the Escrow Holder hereunder have been applied in accordance
herewith.
Section 12. Severability. If anyone or more of the covenants or agreements provided in
this Agreement on the part of the Issuer or the Escrow Holder to be performed should be
determined by a COlllt of competent jurisdiction to be contrary to law, such covenant or
agreements herein contained shall be null and void and shall be severed from the remaining
covenants and agreements and shall in no way affect the validity of the remaining provisions of
this Agreement.
Section 13. Counterparts. This Agreement may be executed in several counterparts, all
or any of which shaIl be regarded for all purposes as duplicate originals and shall constitute and
be but one and the same instrument.
Section 14, Governing Law. This Agreement shall be construed under the laws of the
State of Florida,
Section 15. Security for Accounts and Funds. All accounts and funds maintained or held
pursuant to this Agreement shall be continuously secured in the same manner as other deposits of
municipal funds are required to be secured by the laws of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers and their official seals to be hereunto affixed as of the date first
above written.
THE CITY OF CLEARWATER, FLORIDA
(SEAL)
Mayor-Commissioner
ATTEST:
City Clerk
City Manager
Approved as to Form,
Sufficiency and Correctness:
City Attorney
[BANK],
'lS Escrow Holder
(SEAL)
By:
.Its:
.
Schedule A
(Aggregate Debt Service; Semi-Annual Debt Service;
Annual Debt Service; Description of Refunded Bonds)
Series 1996A Bonds
Payment Date Principal Premi urn Interest Total Debt Service
September I, 2004 $ $ $ $
Schedule B-1
(Federal Securities for Investment)
Maturity Bond Type Principal Coupon Yield Purchase
Price
.,
.
Maturity
Bond Type
Schedule B-2
(Federal Securities for Investment)
Principal
Coupon
Yield
Purchase
Price
Schedule C
Escrow Cash Flow
Date Principal Rate Interest Transfer Receipts Disbursements Cash
Balance
.
. .
EXHmIT G
ADDITIONAL COVENANTS WITH BOND INSURER
G-l
EXHIBIT G
Additional Covenants with Bond Insurer
Definitions
The following definitions shall be applicable to this Resolution:
II Ambac Assurance" shall mean Ambac Assurance Corporation, a Wisconsin-domiciled
stock insurance company.
IIFinancial Guaranty Insurance Policy" shall mean the financial guaranty insurance policy
issued by Ambac Assurance insuring the payment when due of the principal of and
interest on the Series 2003 Bonds as provided therein.
Covenants Regarding Arnbac Assurance Consent Rights
A. Consent of Ambac Assurance.
Any provision of the Bond Ordinance or Resolution (collectively, the "Series 2003 Authorizing
Documents") expressly recognizing or granting rights in or to Ambac Assurance may not be
amended in any manner which affects the rights of Ambac Assurance hereunder without the
prior written consent of Ambac Assurance, Ambac Assurance reserves the right to charge the
Issuer a fee for any consent or amendment to the Financing Documents while the Fi..,ancial
Guaranty Insurance Policy is outstanding.
B. Consent of Ambac Assurance in Addition to Holder Consent.
Unless otherwise provided in the Series 2003 Authorizing Documents, Ambac Assurance's
consent shall be required in addition to Holder consent, when required, for the following
purposes: (i) execution and delivery of any supplemental Ordinance or Resolution which
seeks to amend the Series 2003 Authorizing Documents as such apply to the Series 2003 Bonds
and (ii) initiation or approval of any action not described above which requires Holder consent.
C. Consent of Ambac Assurance in the Event of Insolvency
Any reorganization or liquidation plan with respect to the Issuer must be acceptable to Ambac
Assurance. In the event of any reorganization or liquidation, Ambac Assurance shall have the
right to vote on behalf of aU Holders who hold Ambac Assurance-insured Series 2003 Bonds
absent a default by Ambac Assurance under the applicable Financial Guaranty Insurance
Policy insuring such Series 2003 Bonds.
D. Consent of Arnbac Assurance Upon Default,
Anything in the Series 2003 Authorizing Documents to the contmry notwithsttlnding, upon the
occurrence t1nd continuance of an event of default as defined hercin, Ambtlc Assurance shtlll be
entitled to control and direct the enforcement of all rights t1nd rell'ledies granted to the Holders
under the Series 2003 Authorizing Documents.
Notices/Infonnation To Be Given To Arnbac Assurance
Notices to be sent to the attention of the SURVEILLANCE DEPARTMENT:
A. While the Financial Guaranty Insurtlnce Policy is in effcct, the Issuer or the Trustee shall
furnish to Ambac Assurance, upon request, the following:
(a) a copy of any financial statement, audit and/or annual report of the Issuer
(b) such additional information it mtly retlsontlbly request.
Upon request, such information shall be delivered at the Issuer's expense to the attention of the
Surveillance Department, unless otherwise indictlted.
B. a copy of any notice to be given to the registered owners of the Series 2003 Bonds,
including, \....ithout limitation, notice of any redemption of or defeasance of Series 2003
Bonds, and any certificate rendered pursuant to the Series 2003 Authorizing Document
relating to the security for the Series 2003 Bonds.
C. To Ule extent that the Issuer has entered into a continuing disclosure agreement with
respect to the Series 2003 Bonds, Ambac Assurance shall be included as party to be
notified.
Notices to be sent to the attention of the GENERAL COUNSEL OFFICE:
A. The Issuer shall notify Ambac Assurance of any failure of the Issuer to provide relevant
notices, certificates, etc.
B. Notwithstanding any oUler provision of the Series 2003 Authorizing Document, the Issuer
shall immediately notify Ambac Assurance if at any time Ulere are insufficient moneys to
make any payments of principal and/or interest as required and immediately upon the
occurrence of any event of default hereunder.
Other Information to be given to Ambac Assurance:
The Issuer will permit Ambac Assurance to discllss the affairs, finances and accounts of the
Issuer or any information Ambac Assurance may reasonably request regarding the security
for the Series 2003 Bonds with appropriate officers of the Issuer. TIle Issuer will permit
Ambac Assurance to [have access to the Project and] have access to and to make copies of
all books and records relating to the Series 2003 Bonds at any reasonable time.
Permitted Investments
In addition to the investments permitted by the Series 2003 Authorizing Docments, the
following investments shall be permitted;
A. Ambac Assurance will allow the following Series 2003 Bonds to be used as Permitted
Investments for all purposes, including defeasance investments in refunding escrow
accounts.
(Ambac Assurance does not give a premium credit for the investment of accrued and/or
capitalized interest).
(1) Cash (insured at all times by the Federal Deposit Insurance Corporation),
(2) Direct Series 2003 Bonds of the United States of America (including Series 2003
Bonds issued or held in book entry form on the books of the Department of the
Treasury), or
(3) Senior debt Series 2003 Bonds of other Government Sponsored Agencies approved
by Ambac.
B. Ambac will allow the following Series 2003 Bonds to be used as Permitted Investments
for all purposes other than defeasance investments in refunding escrow accounts.
(1) Series 2003 Bonds of any of the following federal agencies which Series 2003 Bonds
represent the full faith and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-U.S, Maritime Administration
-Small Business Administration
-U.S. Department of Housing & Urban Development (PH As)
-Federal Housing Administration
-Federal Financing Bank
(2) Direct Series 2003 Bonds of any of the following federal agencies \vhich Series 2003
Bonds are not fully guaranteed by the full faith and credit of the United States of
America:
-Senior debt Series 2003 Bonds issued by the Federal National Mortgage
Association (FNMA) or
Federal Home Loan Mortgage Corporation (FHUvIC).
-Series 2003 Bonds of the Resolution Funding Corporation (REFCORP)
-Senior debt Series 2003 Bonds of the Federal Home Loan Bank System
-Senior debt Series 2003 Bonds of other Government Sponsored Agencies
approved by Ambac
(3) U.s. dollar denominated deposit accounts, federal funds and bankers' acceptances
with domestic commercial banks which have a rating on their short term certificates
of deposit on the date of purchase of "P-I" by Moody's and" A-I" or "A-I +" by S&P
and maturing not more than 360 calendar days after the date of purchase, (I~atings
on holding companies are not considered as the rating of the bank);
(4) Commercial paper which is rated at the time of purchase in the single highest
classification, "P-I" by Moody's and" A-l+" by S&P and which matures not more
than 270 calendar days after the date of purchase;
(5) Investments in a money market fund rated "AAAm" or "AAAm-G" or better by
S&P;
(6) Pre-refunded Municipal Series 2003 Bonds defined as follows: any bonds or other
Series 2003 Bonds of any state of the United States of America or of any agency,
instrumentality or local governmental unit of any such state which are not callable at the
option of the Issuer prior to maturity or as to which irrevocable instructions have been
given by the Issuer to call on the date specified in the notice; and
(A) which are rated, based on an irrevocable escrow account or fund (the "escrow"),
in the highest rating category of Moody's or S&P or any successors thereto; or
(B) (i) which are fully secured as to principal und interest and redemption premium,
if any, by an escrow consisting only of cash or Series 2003 Bonds described in
paragraph A(2) above, which escrow may be applied only to the payment of
such principal of and interest and redemption premium, if any, on such bonds or
other Series 2003 Bonds on the maturity date or dates thereof or the specified
redemption date or dates pursuant to such irrevocable instructions, as
appropriate, and (ii) which escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to pay principal of and
interest and redemption premium, if any, on the bonds or other Series 2003
Bonds described in this paragraph on the maturity date or dates specified in the
irrevocable instructions referred to above, as appropriate; [Pre-refunded
Municipal Series 2003 Bonds meeting the requirements of subsection (B)
hereof may be used as Permitted Investments for annual appropriation lease
transactions.]
(6) Municipal Series 2003 Bonds rated "Aaa/AAA" or general Series 2003 Bonds of
States with a rating of "A2/A" or higher by both Moody's and S&P;
(8) Investment agreements approved in writing by Ambac Assurance Corporation
(supported by appropriate opinions of counsel); and
(9) Other forms of investments (including repurchase agreements) approved in writing
by Ambac.
C. The value of the above investments shall be determined as follows:
a) For the purpose of determining the amount in any fund, all Permitted Investments
credited to such fund shall be valued at fair market value. The Trustee shall
determine the fair market value based on accepted industry standards and from
accepted industry providers. Accepted industry providers shall include but are not
limited to pricing services provided by Financial Times Interactive Data
Corporation, Merrill Lynch, Salomon Smith Barney, Bear Stearns, or Lehman
Brothers.
b) As to certificates of deposit and bankers' acceptances: the face amount thereof, plus
accrued interest thereon; and
c) As to any investment not specified above: the value thereof established by prior agreement among the
Issuer, the Trustee, and Ambac.
Defeasance Language
A. The definition of "Outstanding" Series 2003 Bonds or Series 2003 Bonds, or any like concept,
should specifically include Series 2003 Bonds or Series 2003 Bonds which fall into the category
described below,
B. The defeasance section of the Series 2003 Authorizing Documents shall include the following
language:
Notwithstanding anything herein to the contrary, in the event that the principal and/or interest
due on the Series 2003 Bonds shall be paid by Ambac Assurance Corporation pursuant to the
Financial Guaranty Insurance Policy, the Series 2003 Bonds shall remain Outstanding for all
purposes, not be defeased or otherwise satisfied and not be considered paid by the Issuer, and
the assignment and pledge of the Trust Estilte and all covenilnts, agreements and other Series
2003 Bonds of the Issuer to the registered owners shall continue to exist and shall run to Ule
benefit of Ambac Assurance, and Ambac Assurance shall be subrogated to the rights of such
registered owners,
Payment Procedure Pursuant To The Financial
Guaranty Insurance Policy
The following language sets out the applicable procedure for payments under the Financial
Guaranty Insurance Policy:
As long as the Financial Guaranty Insurance Policy for the Series 2003 Bonds insurance shall be in
full force and effect, the Issuer and any Pilying Agent agree to comply with Ule following
provisions:
(a) At least one (1) day prior to all Interest Payment Dates the Paying Agent will determine
wheUler there will be sufficient funds in the Funds and Accounts to pay the principal of or
interest on the Series 2003 Bonds on such Interest Payment Date. If the Paying Agent
determines that there will be insufficient hmds in such Funds or Accounts, or Paying
Agent, if any, shall so notify Ambac Assurance. Such notice shall specify the amount of the
anticipated deficiency, the Series 2003 Bonds to which such deficiency is applicable and
whether such Series 2003 Bonds will be deficient as to principal or interest, or both. If the
Paying Agent has not so notified Ambac Assurance at least one (1) day prior to an Interest
Payment Date, Ambac Assurance will make payments of principal or interest due on the
Series 2003 Bonds on or before the first (1st) day next following the date on which Ambac
Assurance shall have received notice of nonpayment from the Paying Agent.
(b) the Paying Agent shall, after giving notice to Ambac Assurance as provided in (a)
above, make available to Ambac Assurance and, at Arnbac Assurance's direction, to TIle
Bank of New York, in New York, New York, as insurance trustee for Ambac Assurance or
any successor insurance trustee (the "Insurance Trustee"), the registration books of the
Issuer and all records relating to the Funds and Accounts maintained under the Series 2003
Authorizing Docwnent.
(c) the Paying Agent shall provide Ambac Assurance tlnd the Insurance Trustee with a list
of registered owners of Series 2003 Bonds entitled to receive principal or interest paymp.nts
from Ambac Assurance under the terms of the Financial Guaranty Insurance Policy, and
shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the
registered owners of Series 2003 Bonds entitled to receive full or partial interest payments
6
.
from Ambac Assurance and (ii) to pay principal upon Series 2003 Bonds surrendered to the
Insurance Trustee by the registered owners of Series 2003 Bonds entitled to receive full or
partial principal payments from Ambac Assurance.
(d) the Paying Agent shall, at the time it provides notice to Ambac Assurance pursuant to
(a) above, notify registered owners of Series 2003 Bonds entitled to receive the payment of
principal or interest thereon from Ambac Assurance (i) as to the fact of sllch entitlement, (ii)
that Ambac Assurance will remit to them all or a part of the interest payments next coming
due upon proof of Holder entitlement to interest payments and delivery to the Insurance
Trustee, in form satisfactory to the Insurance Trustee, of an approprinte assignment of the
registered owner's right to payment, (iii) that should they be entitled to receive full
payment of principal from Ambac Assurance, they must surrender their Series 2003 Bonds
(along with an appropriate instrument of assignment in form sntisfactory to the Insurance
Trustee to permit ownership of such Series 2003 Bonds to be registered in the name of
Ambac Assurance) for payment to the Insurance Trustee, and not the Paying Agent and
(iv) that should they be entitled to receive partial payment of principal from Ambac
Assurance, they must surrender their Series 2003 Bonds for payment thereon first to the
Paying Agent who shall note on such Series 2003 Bonds the portion of the principal paid by
the Paying Agent and then, along with an appropriate instrument of assignment in form
satisfactory to the Insurance Trustee, to the Insurance Trustee, which wiII then pay the
unpaid portion of principal.
(e) in the event that the Paying Agent has notice that any payment of principal of or
interest on the Series 2003 Bonds which has become Due for Payment and which is made to
a Holder by or on behalf of the Issuer has been deemed a preferential transfer and
theretofore recovered from its registered owner pursuant to the United States Bankruptcy
Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a
court having competent jurisdiction, the Payi.i1g Agent shall, at the time Ambac Assurance
is notified pursuant to (a) above, notify all registered owners that in the event that any
registered owner's payment is so recovered, such registered owner will be entitled to
payment from Ambac Assurance to the extent of such recovery if sufficient funds are not
otherwise available, and the Paying Agent shall furnish to Ambac Assurance its records
evidencing the payments of principal of and interest on the Series 2003 Bonds which have
been made by the Paying Agent and subsequently recovered from registered owners and
the dates on which such payments were made.
(f) in addition to those rights granted Ambac Assurance under the Series 2003 Authorizing
Document, Ambac Assurance shall, to the extent it makes payment of principal of or
interest on Series 2003 Bonds, become subrogated to the rights of the recipients of such
payments in accordance with the terms of the Financial Guaranty Insurance Policy, and to
evidence such subrogation (i) in the case of subrogation as to claims for past due interest,
the Paying Agent shall note Ambac Assurance's rights as subrogee on the registration
books of the Issuer maintained by the Paying Agent upon receipt from Ambac Assurance
7
of proof of the payment of interest thereon to the registered owners of the Series 2003
Bonds, tlnd (ii) in the case of subrogation tiS to cIuims for past due principul, the Paying
Agent shull note Ambac Assurance's rights as subrogee on the registration books of the
Issuer maintained by the Paying Agent upon surrender of the Series 2003 Bonds by the
registered owners thereof together with proof of the ptlyment of principal thereof.
Payment Procedure Pursuant To The Surety Bond
A. As long as the Surety Bond shall be in full force tlnd effect, the Issuer, Trustee and
Paying Agent, if uppropriate, tlgree to comply with the following provisions:
(a) In the event tlnd to the extent that moneys on deposit in the Fundi Account, plus
all tlmounts on deposit in and credited to the Reserve Account in excess of the umount
of the Surety Bond, are insufficient to puy the amount of principal and interest coming
due, then upon the Itlter of: (i) one (1) day after receipt by the General Counsel of Ambac
of tI demand for payment in the form attached to the Surety Bond as Attachment 1 (the
"Demand for Payment"), duly executed by the Paying Agent certifying that payment
due under the Series 2003 Authorizing Documents has not been made to the Paying
Agent; or (ii) the payment date of the Series 2003 Bonds as specified in the Demand for
Payment presented by the Paying Agent to the Generul Counsel of Ambac, Ambac will
make a deposit of funds in an account with the Paying Agent or its successor, in New
York, New York, sufficient for the payment to the Paying Agent, of amounts which are
then due to the Paying Agent under the Series 2003 Authorizing Documents (as
specified in the Demand for Payment) up to but not in excess of the Surety Bond
Coverage, as defined in the Surety Bond; provided, however, that in the event thtlt the
amount on deposit in, or credited to, the Reserve Account, in addition to the amount
available under the Surety Bond, includes amounts available under a letter of credit,
insurance policy, Surety Bond or other such funding instrument (the "Additional
Funding Instrument"), draws on the Surety Bond and the Additional Funding
Instrument shall be made on a pro rata basis to fund the insufficiency.
(b) the Trustee, or Paying Agent, if appropriate, shall, after submitting to Ambac
Assurance the Demand for Payment as provided in (a) above, make available to Ambac
Assurance all records relating to the Funds and Accounts maintained under the Series
2003 Authorizing Document.
(c) the Trustee, or Paying Agent, if appropritlte, shall, upon receipt of moneys
received from the draw on the Surety Bond, tiS specified in the Demand for Payment,
credit the Reserve Account to the extent of moneys received pursuant to such Demand.
(d) the Reserve Account shall be replenished in the following priority: (i) [principal
and interest on the Surety Bond shall be paid from first available Revenues] [principal
and interest on the Surety Bond and on the Additional Funding Instrument shall be paid
from first available Revenues on a pro rata basis]; (ii) after all such amounts are paid in
full, amounts necessary to fund the Reserve Account to the required level, after taking
into account the amounts available under the Surety Bond [and the Additional Funding
Instrument] shall be deposited from next available Revenues.
Interested Parties
A. Ambac As Third Party Beneficiary,
To the extent that the Series 2003 AuUlorizing Document confers upon or gives or grants to
Ambac any right, remedy or claim under or by reason of the Series 2003 Authorizing
Document, Ambac is hereby explicitly recognized as being a third-party beneficiary hereunder
and may enforce any such right remedy or claim conferred, given or granted hereunder.
B. Parties Interested Herein.
Nothing in the Series 2003 Authorizing Document expressed or implied is intended or shall be
construed to confer upon, or to give or grant to, any person or entity, other than the Issuer, the
Trustee, Ambac Assurance, the Paying Agent, if any, and the registered owners of the Series
2003 Bonds, any right, remedy or claim under or by reason of the Series 2003 Authorizing
Document or any covenant, condition or stipulation hereof, and all covenants, stipulations,
promises and agreements in the Series 2003 Authorizing Document contained by and on behalf
of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Trustee, Ambac
Assurance, the Paying Agent, if any, and the registered owners of the Series 2003 Bonds.
'l
EXHIBIT H
COMMITMENT FOR SURETY BOND INSURANCE POLICY
H-l
Ambac Assurance Corporation
One Stille Street PI<U..l
New York, NY JOOJI
212.66H.03-l0
A IIlt'mber of AII/bIlC Fiwl/lcilll GroUJI, I/:c.
COlVlMITMENT FOR SURETY BOND
Obligor:
CITY OF CLEARWATER, FLOIUDA
Commitment Number: SB25904
Commitment Date: November 13,2003
Expiration Datc: Febmary 11, 2004
Obligations: $8,900,000, Gas System Revenue Refunding Bonds, dated January 1, 2004 maturing on
September I, 2026
Surety Amount: $890,000.
Insurance premium: 2.75% of the surety amount.
Ambac Assurance Corporation (Ambac) A Wisconsin Stock Insurance Corporation hereby commits to
issue a Surety Bond (the "Commitment") relating to the Debt Service Reserve Fund for the above-described
debt obligations (the "Obligations"), substantially in the fonn attached hereto, subject to the terms and
conditions contained herein or added hercto (see conditions set forth herein).
To extend this Conunitrnent after the expiration date set forth above, an oral (subsequently con finned in
writing) or written request for renewal must be submitted to Ambac at least one business day prior to such
expiration date. Ambac reserves the right to refuse to grant a renewal or may renew this Commitment subject
to additional tenns and conditions.
11\e Surety Bond (the "Surety") shall be issued if the following conditions are satisfied:
1. Ambac shall receive an opinion of counsc\ or a certificate of an officer of the Obligor or ultimate obligor
stating that the information supplied to Ambac in order to obtain the Surety and the documents to be
executed and delivered in connection with the issuance and sale of the Obligations do not contain any
untrue or misleading statement of a material fact and do not fail to state a material fact required to be
stated therein or necessary in order to make the information contained therein not misleading.
2. No event shall occur which would permit any purchaser of the Obligations, otherwise required, not to be
required to purchase the Obligations on the date scheduled for the issuance and delivery thereof,
. ~ubJect 10 change, wilh Amhac's approval.
3. There shall be no material change in or affecting the Obligations, the Obligor or ultimate obligor
(including, but not limited to, the secunty ,for the Obligations or the proposed debt service stnlcture for
the Obligations), the Official Statement, If any (or any similar disclosure document), including any
financial statements therein contained, the financing documents or any legal opinions to be executed and
delivered in connection with the issuance and sale of the Obligations, or any other infon11ation
submitted to Ambac in order to obtain the Surety, from the descl;ptions or schedules thereof heretofore
provided to Ambac at any time prior to the issuance of the Obligations and there shall not have OCCUlTed
or come to the attention of the Obligor or purchaser any material change of {~\ct or law adverse to the
interests of Ambac, unless approved by Ambac in writing,
4, Unless expressly waived in whole or in part by Ambac, the financing documents shall contain a) the
terms and provisions provided in the Ambac STANDARD PACKAGE transmitted herewith, and h) any
provisions or COI1Ullents given orally by Ambac,
5, Ambac will prepare, and the Obligor will execute, a Guaranty Agreement in the fon11 (with such
revisions of Ambac and the Obligor agree to) contained in the Standard Package,
6. NO LATER THAN FIVE (5) BUSINESS DAYS JlIUOR TO CLOSING, Amhac shall be provided
with:
a) the final debt service schedule; amI
b) proposcd copies of all financing documents; and
c) the proposed official statement (or any similar disclosure document); and
d) the proposed various legal opinions delivered in connection with the issuance and sale of the
Obligations, including, without limitation, the unqualified approving opinion of bond counsel
rendered by a law firm acceptable to Ambac. The form of bond counsel's approving opinion
must be acceptable to Ambac. The form of bond counsel's approving opinion shall indicate that
the Obligor must comply with certain covcnants under and pursuant to the Internal Revenue
Code of 1986, as amended and that the Obligor has the legal power to comply with such
covenants. Ambac shall also be provided with executed copies of all financing documents,
including but not limited to the Official Statement (or any similar disclosure document) and the
various legal opinions rendered. The executcd opinion of bond counsel shall be addressed to
Ambac or in lieu thereof, a letter shall be provided to Ambac to the effect that Ambac may rely on
such opinion as if it were addressed to Arnbac and such letter shall be delivered with an executed
opinion; and
e) any provisions of the Purchase Contract or Bond Purchase Agrcement referencing Ambac or the
Obligor of the Surety in general. If such provisions are not received in a timely manner or if
provisions are inserted in the Purchase Contract or Bond Purchase Agreement without Ambac's
knowledge, compliance with such provisions may not be possible; and
f) a lettcr from bond counselor counsel to the purchaser or otherwise from another counsel
acceptable to Ambac to the effect that the financing documents, the Official Statement (or any
similar disclosure document) and the various legal opinions executed and delivered in connection
with the issuance and sale of the Obligations, are substantially in the forms previously submitted
to Ambac for review, with only such amendments, modifications or deletions as may be approved
by Ambac; and
g) a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy,
contract or agreement which provides for payment of all or any portion of the debt, the costs of
reconstruction, the loss of business income or in any way secures, ensures or enhances the income
stream anticipated to pay the Obligations.
7, Evidence of wire transfer of an amount equal to the payment for the Surety at the time of the issuance
and delivery of the Obligations.
S. An opinion addn:ssed to Ambac by counsel acceptable to Ambac that the Guaranty Agreement 1S a
legal, valid and binding obligation of the Obligor thereof, enforceable in accordance with its temlS.
9. The escrow agreement, in fonn and substance acceptable to Ambac, for the completc defeasancc of the
applicable Obligations (the "Prior Obligations").
10. Certi fication by a nationally recognizcd accounting timl, pre-approved by Ambac, that thc securities
invcsted are sufficient to pay the Prior Obligations.
11. Ambac must rcccive an opinion of Counsel acceptable to Ambac that the Prior Obligations have bCl:11
legally defeased.
12. A draft opinion of bond counselor special tax counsel acceptable to Ambac, addressed to Ambac, a
telecopy of the executed opinion on the day of closing (212-208-3404, to the attention of your closing
coordinator) and an executed original following closing, to the effect that the refunding and escrow are
in full compliance with all applicable Federal arbitrage regulations.
13. Funds held by the Escrow Trustee for the payments of the refunded Obligations must be held as cash
fully insured by or the Federal Deposit Insurance Corporation or invested in direct obligations of the
United States of America.
14. Arnbac must receive, at least five (5) business days prior to closing, draft opinions of Obligor's counsel
and escrow agent's counsel and a telecopy of the executed opinion on the day of closing (212-208-3404
to the attention of your closing coordinator) regarding the validity, binding nature and enforceability of
the escrow agreement.
IS, IF A FOR\VARD SUPPLY CONTRACT IS IJSED:
a) Securities delivered to the escrow agreement mllst be non-callable U.S, Government obligations,
which do not mature later than the date on which needed to pay debt service on the refunded
Obligations.
b) The CPA verification must be in a fonn and substance satisfactory to Ambac and mllst opine that
the escrow is sufficient to be defease the refunded Obligations whether or not the forward supply
contract provider delivers securities to the escrow.
c) 'Ibe forward supply contract must specify that (a) the purchase price of the securities delivered to
the escrow must not exceed the amount of cash received from maturing securities in the escrow, as
specified in the verification, and (b) the maturity value of the securities in the escrow must not be
less than the purchase price paid for such securities.
d) The forward supply contract provider shall have no recourse to the escrow upon any failure of the
Obligor or escrow agent to pcrfonn its obligations under the forward supply contract. Other than
the payment of the purchase price for the securities to be delivered pursuant to the forward supply
contract, no payments of any other kind may be made from the escrow in respect to the forward
supply contract.
e) The forward supply contract provider Illust be at least A by a nationally recognized rating agency.
t) The forward supply contract shall be in rOml and substance satisfactory to Ambac.
~/V' (}~A.e: r-.. _'
Authorized Officer
ITEM # .0
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Agenda Cover Memorandum
Page 1 of 2
city Commission
Submitted: 111-24-2003
Actual Date: I
~
Latest Possible Date: \12-18-2003
.=1
Preferred Date:112-18-2003
Subject / Recommendation:
Approve changing the name
of Aurel street to Laurel street and pass Resolution 03-44,
Summary:
* Public Works Adrninstration has initiated this street name change request to correct the
street name.
* Aurel street is named Laurel Street per the plat of Mandalay Subdivison as recorded in
Plat Book 14, Pages 34 of the Official Records of Pinellas County, Florida.
* Four properties are presently addressed on Aurel Street.
* Staff has notified the owners of the four properties of the proposed name change via
u.s. mail.
* Presently no other street in the city is named Laurel Street although there is one
street named Laurel Court and another named Laurel Drive.
Originating Department: I Engineering
Category: I Other
~ Section: I
Public Hearing:
INO
~
\3
/CY!"I ~ ~
rReview Approval:(Signature indicates approval.)
http://netfyilNetFYIIClientslI9281e3b-ed78-4S0a-bf54
12/5/2003
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12/5/2003
RESOLUTION NO. 03-44
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CHANGING THE NAME OF AUREL STREET,
LOCATED BEnNEEN ELDORADO AVENUE AND
CLEARWATER HARBOR; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Aurel Street is a City street located between Eldorado Avenue and
Clearwater Harbor; and
WHEREAS, it has been requested that this street name be changed to Laurel
Street;
WHEREAS, Aurel Street was originally platted with the name Laurel Street; and
WHEREAS, the City Commission desires to change the name as requested;
now, therefore I
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Aurel Street, located between Eldorado Avenue and Clearwater
Harbor, as described more particularly in Exhibit "A" attached hereto, is hereby
renamed "Laurel Street."
Section 2. The City Clerk is hereby directed to record this resolution in the public
records of Pinellas County, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D. Ruff
Assistant City Attorney
Resolution No. 03-44
EXHIBIT "A"
The full width and length of the street right-of-way of Aurel Street from a termination
point located approximately 110 feet west of the westerly right-of-way line of Eldorado
Avenue to a termination point located approximately 110 feet east of the intersection of
the northerly right-of-way line of Aurel Street and the easterly right-of-way line of Bay
Esplanade.
Resolution No. 03 - 1./ t4
NORTH
Scale: 1- = 40'
Exhibit "A"
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CITY COMMISSION RfSOLOUTION
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CHANGE AUREL STREET
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LAUREL STREET
SO
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City Commission
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Agenda Cover Memorandum
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Tracking Number: 319
Actual Date: 12/18/2003
Supje~L! Recommendation:
AJopt Resolution 03-45, which approves the Qualified Target Industry (QTI) application for
Project 031120 and commits the City of Clearwater to refund 10% of the eligible tax refund
upon certification by Enterprise Florida
Summa ry:
The Florida Legislature created Florida Statutes, Section 288.106 to encourage the growth of
Florida's high-wage, value-added employment. This program is commonly known as the
Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to
accept, review and approve applications for tax refunds to qualified target industry businesses,
Pursuant to Florida Statutes Section 288.075 and 288.1066, the applicant for Project 031120
requests to remain anonymous,
The tax refund is paid to the applicant each state fiscal year (July I-June 30) for three (3) years.
The applicant receives a refund for each new job created, The total award will be equal to
$3,000 times the number of new jobs created, plus an additional $1,000 per job if the average
annual wages exceeds the area's average by 150%, If the average annual wage exceeds the
area's average by 200% an additional $2,000 is awarded.
Project 031120 wishes to expand its Clearwater Corporate Headquarters to create 30 new jobs
over the next three years, and the applicant qualifies for the $5,000 per employee refund per
job level.
20% local City/County financial participation is required which breaks down to 10% from the
City of Clearwater and 10% from Pinellas County, Under the full scenario, the city's
commitment for the $150,000 maximum award will be $5,000 (2004) year 1, $5,000 (2005)
year 2, $5,000 (2006) year 3 for a total of $15,000. This will not have a fiscal impact until fiscal
year 2004-2005. Funding will be from the Economic Development operating budget.
Oriqinating: Economic Development and Housing
Section Other items on City M
Category: Agreements/Contracts - with cost
~ Hearing: No
Financiallnrormation:
we: Other
Bid Required? No
Bid Exceotions:
Other
Qther Contract?
QTI Program-Out of FY 04-05 ED Budget
Clearwater:
C it Y Com m IS S Ion
Agenda Cover Memorandum
~~~~%.%~~?~ :
In Current Year Budget?
No
Budaet Adiustment:
No
Current Year Cost:
$0,00
For Fiscal Year:
10/01/2004 to 09/30/2005
Review ADproval
Reainilld Owens
11-24-2003 10 :46:06
Prim Akin
11-25-2003 15:02:07
Bill Horne
12-04-2003 17:31:00
Tinrl Wilson
11-24-2003 13:45:11
l.vnOIf! GOIJOf!rllJ
12-05-2003 07:22:35
, . . . _"". ,",<", .. ,<..".._ "_" ......_".. .." ...<..._....._.,...~......_.... ......,..._~......,. H......-'_~..._ ..~"._.._'.---... "'" . ,............. ."..<.,,_.~ """'.~'T~' ~.' ",. ........,,'" .,_"'.' ..n..O.....'*~ ...._._ ,~~. ~'~'. ,.." ,_ ~"
RESOLUTION NO. 03-45
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, FINDING THAT PROJECT 031120 BE
APPROVED AS A QUALIFIED APPLICANT PURSUANT TO
SECTION 288.106, FLORIDA STATUTES; AND
IDENTIFYING SOURCES OF CITY OF CLEARWATER
FINANCIAL SUPPORT OF PROJECT 031120 AND EQUAL
PINELLAS COUNTY SUPPORT AS LOCAL PARTICIPATION
IN THE QUALIFIED TARGET INDUSTRY TAX REFUND
PROGRAM FOR FISCAL YEARS 2004-2005, 2005-2006 and
2006-2007; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has enacted Chapter 94-136.
Laws of Florida, creating Section 288.106. Florida Statutes, to encourage the growth of
Florida's high-wage, value-added employment; and
WHEREAS, Section 288.106, Florida Statutes. authorizes the Florida Department
of Commerce to accept, review and approve applications for tax refunds to qualified target
industry businesses; and
WHEREAS, Section 288.106, Florida Statutes, requires 20% local financial
participation as tax refunds become due; and
WHEREAS, PROJECT 031120 wishes to expand its corporate headquarters to
hire thirty (30) additional employees over the next three years, qualifying as high-value-
added jobs; and
WHEREAS, PROJECT 031120 will be located in the City of Clearwater and will
provide high-value-added employment to citizens of the City of Clearwater; and
WHEREAS, the City of Clearwater finds that providing tax refunds and other tax
incentives to PROJECT 031120 is vital to the public purpose of employing City of
Clearwater citizens and ensuring the City's economic vitality; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby recommends PROJECT 031120 be
approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida
Statutes, This recommendation is based upon the creation of the specified jobs and is
contingent upon the City's review of Project 031120 final application to be a Qualified
Target Industry Business and confirmation of the information therein.
Section 2. The necessary commitment of local financial support for the Qualified
Target Industry Business for the Qualified Target Industry Tax Refund Program has been
Resolution No. 03-45
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Untitled Document: FYIForm_viewO - Page 0
~ Clearwater t
;:;~I
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Agenda Cover Memorandum
Pago 1 of 2
City Commission
Preferred Oate:112-18-2003
Submitted:
111-24-2003
.=J'
Latest Possible Date: 112-18-2003
.:.1
Actual Date: I
Subject I Recommendation:
Approve changing the name of Aurel Street to Laurel Street and pass Resolution 03-44,
Summary:
* Public Works Adminstration has initiated this street name change request to correct the A
street name.
* Aurel street is named Laurel Street per the plat of Mandalay Subdivison as recorded in
Plat Book 14, Pages 34 of the Official Records of Pinellas County, Florida.
* Four properties are presently addressed on Aurel Street.
* Staff has notified the owners of the four properties of the proposed name change via
U.S. mail.
* Presently no other street in the city is named Laurel Street although there is one
street named Laurel Court and another named Laurel Drive.
.
.-
Originating Department: Ii:ngineering
Category: I Other
. ~ Section: L
,~
.
Public Hearing:
INo
.:;1
13
r Review Approval: (Signature indicates approval.)
http://netf)i/NetFYIIClients/19281e3b-ed78-450a-bf54
Icr/~ ()l1b ~
12/5/2003
Untitled Document: FYIFonn_ viewO - Page 0
IMiChael Quillen 11-24-2003 15:39:(
IBryan Ruff 12-04-2003 14:28:45
14:27:41
1~9..3t
If this is a Planning change please fill out the additional addendum by clicking below,
"J~5:~~",~}:;:~
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BMM Help
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Help
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~
Submit Form
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Page 2 of2
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Reset Form
1215/2003
RESOLUTION NO. 03-44
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CHANGING THE NAME OF AUREL STREET,
LOCATED BETWEEN ELDORADO AVENUE AND
CLEARWATER HARBOR; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Aurel Street is a City street located between Eldorado Avenue and
Clearwater Harbor; and
WHEREAS, it has been requested that this street name be changed to Laurel
Street;
WHEREAS, Aurel Street was originally platted with the name Laurel Street; and
WHEREAS, the City Commission desires to change the name as requested;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Aurel Street, located between Eldorado Avenue and Clearwater
Harbor, as described more particularly in Exhibit "A" attached hereto, is hereby
renamed "Laurel Street."
Section 2. The City Clerk is hereby directed to record this resolution in the public
records of Pinellas County, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
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. 03-44
EXHIBIT "A"
The full width and length of the street right-of-way of Aurel Street from a termination
point located approximately 110 feet west of the westerly right-of-way line at Eldorado
Avenue to a termination point located approximately 110 teet east at the intersection at
the northerly right-at-way line of Aurel Street and the easterly right-at-way line of Bay
Esplanade,
Resolution No, 03 - L./ 4
.
NORTH
Scale: 1- = 40'
Exhibit "A"
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Public WorksAdministration/En ineenn
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CITY COltlllSSION RESOLOUTION
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CHANGE AUREL STREET
TO
LAUREL STREET
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Clearwater
City Commission
.--- ':'-.':--. "~'-
Agenda Cover Memorandum
Trackina Number: 319
Actual Date: 12/18/2003
$J,tbjec;L R,e~QD1mend_atiQ!E
Adopt Resolution 03-45, which approves the Qualified Target Industry (QTI) application for
Project 031120 and commits the City of Clearwater to refund 10% of the eligible tax refund
upon certification by Enterprise Florida
Summarv:
The Florida Legislature created Florida Statutes, Section 288.106 to encourage the growth of
Florida's high-wage, value-added employment, This program is commonly known as the
Qualified Target Industry (QTI) Tax Refund Program, This Jaw authorizes Enterprise Florida to
accept, review and approve applications for tax refunds to qualified target industry businesses.
Pursuant to Florida Statutes Section 288.075 and 288.1066, the applicant for Project 031120
requests to remain anonymous.
The tax refund is paid to the applicant each state fiscal year (July 1-June 30) for three (3) years,
The applicant receives a refund for each new job created. The total award will be equal to
$3,000 times the number of new jobs created, plus an additional $1,000 per job if the average
annual wages exceeds the area's average by 150%. If the average annual wage exceeds the
area's average by 200% an additional $2,000 is awarded.
Project 031120 wishes to expand its Clearwater Corporate Headquarters to create 30 new jobs
over the next three years, and the applicant qualifies for the $5,000 per employee refund per
job level.
20% local City/County financial participation is required which breaks down to 10% from the
City of Clearwater and 10% from Pinellas County. Under the full scenario, the city's
commitment for the $150,000 maximum award will be $5,000 (2004) year 1, $5,000 (2005)
year 2, s5,OOO (2006) year 3 for a total of $15,000. This will not have a fiscal impact until fiscal
year 2004-2005. Funding will be from the Economic Development operating budget.
Originating: Economic Development and Housing
SectLon Other items on City M
Categ~ Agreements/Contracts - with cost
Mli.~aring: No
Financial Information:
~ Other
Bid Recuired? No
Bid EXc~Dtions:
Other
Qther~ontract?
QTI Prc,gram-Out of FY 04-05 ED Budget
Clearwater
:~':~:'~:%:'::~:~~
In Current Year Budget?
No
Budaet Adjustment:
No
Current Year Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Review Aooroval
Reoinald Owens
Prim Akin
Bill Horne
Tinrl Wilc:;on
C:v nr! ip. GOlJnp.rllJ
C it Y Com m is s ion
Agenda Cover Memorandum
11-24-2003
11-25-2003
12-04-2003
11-24-2003
12-05-2003
10:46:06
15:02:07
17:31:00
13:45:11
07 :22:35
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RESOLUTION NO. 03-45
A RESOLUTION OF THE CITY OF CLEARWATER.
FLORIDA, FINDING THAT PROJECT 031120 BE
APPROVED AS A QUALIFIED APPLICANT PURSUANT TO
SECTION 288.106, FLORIDA STATUTES; AND
IDENTIFYING SOURCES OF CITY OF CLEARWATER
FINANCIAL SUPPORT OF PROJECT 031120 AND EQUAL
PINELLAS COUNTY SUPPORT AS LOCAL PARTICIPATION
IN THE QUALIFIED TARGET INDUSTRY TAX REFUND
PROGRAM FOR FISCAL YEARS 2004-2005,2005-2006 and
2006-2007; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has enacted Chapter 94-136,
Laws of Florida, creating Section 288.106, Florida Statutes, to encourage the growth of
Florida's high-wage, value-added employment: and
WHEREAS, Section 288.106. Florida Statutes. authorizes the Florida Department
of Commerce to accept. review and approve applications for tax refunds to qualified target
industry businesses; and
WHEREAS. Section 288.106, Florida Statutes, requires 20% local financial
participation as tax refunds become due; and
WHEREAS, PROJECT 031120 wishes to expand its corporate headquarters to
hire thirty (30) additional employees over the next three years, qualifying as high-value-
added jobs; and
WHEREAS, PROJECT 031120 will be located in the City of Clearwater and will
provide high-value-added employment to citizens of the City of Clearwater; and
WHEREAS, the City of Clearwater finds that providing tax refunds and other tax
incentives to PROJECT 031120 is vital to the public purpose of employing City of
Clearwater citizens and ensuring the City's economic vitality; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby recommends PROJECT 031120 be
approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida
Statutes. This recommendation is based upon the creation of the specified jobs and is
contingent upon the City's review of Project 031120 final application to be a Qualified
Target Industry Business and confirmation of the information therein.
Section 2. The necessary commitment of local financial support for the Qualified
Target Industry Business for the Qualified Target Industry Tax Refund Program has been
Resolution No. 03-45
identified in the amount of $30.000, consisting of 50% of the local contribution coming from
Pinellas County and 50% coming from the City of Clearwater subject to annual
appropriations, which will be paid to the Florida Economic Development Trust Fund as tax
refunds become due with the stipulation that these funds are intended to represent the
local financial support required by Section 288.106, Florida Statutes and are conditional
upon the applicant meeting all statutory requirements of the program. Nothing herein will
prevent other jurisdictions or the private sector from increasing their contributions.
However, in no event will the total contribution of the City of Clearwater for PROJECT
031120 exceed $15,000.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst. Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 03-45
Ci(l' of Cleanvaler
QU,.IUFlED T..IRGETlNI)l..'STRJ' (QTI) T..IX REF1..''vD l'lWGRA,\I
/lOll' till! fJrtlJ:rtIl11 works
This program pro\'id~s tax refunds to pre-approved npplicnnts for S3.000 per new job crealcd and $6,000 in
an Ent~rprise Zon~, S~.500 bonlls in a designat~d I3rownlicld, Plus increased award per job for extrcmely
high \\ ages, I f approved, the applkarH may recein: refunds on thc taxes it pays including corporatc income.
sales, ad \;llorelll. intangibk personal propert~. insuranc~ pr~mium. and certain oth~r laxes. Thcrc is a cap
ot'S5 milliun per single qualilied applicant in all years, and no morc than 25% of the total refund approvcd
lIlay be taken in a single liscal year. ~ew or expanding business in selccted targeted industries or corporate
headquarters arc eligible, The program requires an annual approprialion by thc Legislature 10 executc
pay ments.
Ta/'geted Induslries
Oul)' busin~ss~s s~r\'ing JlJulti-stale and jntel11ationalmllliiets arc larg~ted. Business must be able 10 locat~
to other slales. Retail aClivitks. ulililies, mining and other extraction or processing businesses and
activities regulated by the Division of lIotel and R~staurants of Ihe Department of Busin~ss and
Professional Regulation an: statutorily ~xdudcd from consid~ration, EfTe.:tive 9/1/96 Targeted List.
Corporate Headquarters Business Services
Research and Development Security and Commodity Brokers
Chemical and allied products Insurance Carricrs
Rubber and ~ lisc, Plastics Holding and other invcstment ornces
Primary mctal industries ~on-depository Crcdit Ins!.
Fabricalcd t\lelal Products l\lotion Picture Sound Recording/Rcproducing Studios
Comll1unications Eleclronic and othcr eleclric equipmenl
Transportation ~quipll1cl\t Apparel and olher tc,xtiles
Instruments and relatcd products Lumber and wood products
Printing and publishing ~Iiscellaneous manufacturing
Furniture and fixlures Wholesale distribution
Paper and allied prodlll:IS Food and kindred producls
Slone. clay and glass Industrial machinery and equipmcnt
Business Files AppliclItioll State Appnl\'lIl Hequired )),ior to Making Decision
This incenlive has a "but for" c1ausc. A company has to prove thai thcy would have considcred other
localions but chose Florida. among other reasons. bccause of this inccntivc program, In order to participate
in the pro!!rum. a company must apply to Enterprise )<lorida luior to makinl! II decision to locate or expand
in Florida, All final decisions on applications arc bascd upon all available information at that limc. If a
. company has made public announcemcnts. incurrcd costs or madc commitmcnts at their Florida local ion.
the state decms thcm incligible for the QTl program,
The application is a critical part of this program, It is the vehicle uscd by Entcrprise Florida and the
Governor's Office ofTourisl1l. Trade and Economic Devclopmcnt (OTTED) in evaluating thc business
and the project. Projects will be evaluated based on wagc level, economic impact, capital invesllllcnt. long-
term commitmcnt to Ihe state and communily. and local supporl for the project. Therefore, well thought-
out. thorough rcsponses arc of utmost importance
Qualifications
I n order to qualify for consideration under the program. an applicanl must:
be a largct induslry
demonstrate Ihat the tax refund is necessary for the business to locate or expand in the coml1lunity.
create .11 Icast 10 new jobs and. if an c:xpansiun project. increase employmcnt by at least 10 perccnt.
jOb,f IIIIt,\'f he crellfedll'ithillll three-.I'L'lIr period.
requires that effective 3/0 I /03 an corporate average annual salary of all ncw hircs 10 bc al least
$36.049 if wagcs 150% of state, count)' or Mctropolitan Statistical Arca, $47,021, additional $1.000
award per new full-timc equivalent job; if 200%. $62,694, additional $2,000 award per each full-time
new job.
show that the jobs make a significant economic contribution to the arc a economy; and
provide a city resolution recommending the applicant for the incentive and cOl1llllitting the
communit)' to provide a local match equaling 20% of the tax refund.
/~~....
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Clearwater City Commission
Agenda Cover IVlemorandum
Kb1f15G- Jf
.~
,l
Final Agenda Item #
Meeting Date:
12-18-03
SUBJECT/RECOMMENDATION:
Pass Ordinance #7214-03 on first reading amending Ordinance #2779-82 creating the Downtown Plan Redevelopment
Trust Fund and defining use of the Tax Increment Financing funds related to the Fund,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
Subsequent to the City Commission adoption of the updated and expanded Downtown Redevelopment Plan, the County
Commission and Administration have reviewed that Plan and the City's proposed use of Tax Increment Financing (TIF).
The City is requesting extending the TIF timeframe an additional 30 years as allowed by Florida Statutes, The base year
for the original redevelopment area will continue to be December 18, 1981 and the base year for the Gateway Expansion
area will be December 4, 2003,
At the County's request there will be a review of the commitment of the County share of the TIF after 15 years which will be
the year 2019,
The City and the County administrations have agreed to criteria for this review that are specifically identified in the
ordinance, Staff will review these in detail with the City Commission during the presentation, In brief, the criteria are
intended to determine whether the redevelopment plan, programs, projects and funding (especially the TIF) has had the
effect of creating a successful and marketable downtown at the end of the 15 year period.
The County Commission has also defined how the City may utilize the County share of any TIF revenues. All of the
County TIF must be used for capital projects, land acquisition or environmental remediation,
The cumulative T1F (both City and County share) at the 15 year point will be approximately 23,5 million dollars based on
the plan projections, The cumulative TIF at the 30 year point would be 65,8 million based on plan projects, Clearly. more
than half the potential of TIF revenues are in the second 15 years,
The cost of proposed TIF financed projects at the 15 year point is approximately 58 million dollars. The cost of the
proposed TIF financed projects at the 30 year point is approximately 97 million dollars.
Info Tech NA
~~:A~~rkS iit
Planning
Originating Dept:
Economic Development
User Dept,
Economic Development
Attachment.
1. Ordinance No, 7214-03
Funding Source:
Capitollmprovemenl
Current Fiscal Year
Reviewed b~Y'
Legal r
Finance ......'
Purchasing NA
Risk Mgmt NA
(J
Coats
NA
Total
Ope..bng
Other
Submitted by: "l)Jl M..
.-... .....
Clt Man er -. ~
D None
Appropriation Code:
Rev. 2191
fV /;!s~)1
"J
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." ,.#, .
ORDINANCE NO. 7214-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 2779-82, WHICH ESTABLISHED A
REDEVELOPMENT TRUST FUND PURSUANT TO SECTION
163,387, FLORIDA STATUTES TO PROVIDE FOR THE
DEPOSIT OF FUNDS INTO THE TRUST FUND FOR THE
GATEWAY CRA EXPANSION AREA AS ESTABLISHED IN
RESOLUTION 03-22; ESTABLISHING THE BASE YEAR FOR
THE EXPANSION AREA; PROVIDING FOR THE FUNDING OF
THE REDEVELOPMENT TRUST FUND FOR THE COMMUNITY
REDEVELOPMENT EXPANSION AREA; PROVIDING FOR THE
APPROPRIATION OF TAX INCREMENT REVENUES OF THE
CITY AND THE COUNTY TO THE REDEVELOPMENT TRUST
FUND; PROVIDING FOR THE USE OF SUCH FUNDS BY THE
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR
THE DURATION OF THE TAX INCREMENT FINANCING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of Florida has enacted the Community
Redevelopment Act of 1969, as amended, and codified as Part III, Chapter 163, Florida
Statutes (the "Redevelopment Act"); and
WHEREAS, all powers arising through the Redevelopment Act were conferred by
that Act upon counties which have adopted home rule charters, which counties in turn
are authorized to delegate such powers to municipalities within their boundaries when
such municipalities desire to undertake redevelopment within their respective municipal
boundaries; and
WHEREAS, Pinellas County, Florida (the "County") and the City of Clearwater,
Florida (the "City") mutually desire to increase the ad valorem tax base of the County
and City; and
WHEREAS, under circumstances where a delegation for redevelopment has
already occurred and the City wishes to expand that delegation, the County finds that
delegation of certain redevelopment powers and authority to the City under the
Redevelopment Act is an appropriate vehicle to accomplish the necessary planning for
redevelopment within the proposed expanded area in the City; and
WHEREAS, the Board of County Commissioners of Pinellas County. Florida, by
its Resolution No, 81-466 dated June 30,1981, delegated to the City Commission of the
City of Clearwater, Florida, the power and authority to conduct redevelopment activities
as defined in the Redevelopment Act; and
Ordinance No. 7214-03
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No,
81-67 dated August 6, 1981, declared a blighted area in downtown Clearwater and the
need for a Community Redevelopment Agency to carry out redevelopment activities in
this blighted area; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
81-68 dated August 6, 1981, declared the City Commission to be the Community
Redevelopment Agency; and
WHEREAS, the City Commission of the City of Clearwater, by its Ordinance No,
2576-81 dated December 17, 1981, adopted a Redevelopment Plan for the Downtown
Redevelopment Area; and
WHEREAS, the City Commission of the City of Clearwater, by its Ordinance No.
2779-82 dated August 19,1982, established a Redevelopment Trust Fund for
redevelopment projects within the redevelopment area and set the duration of the Trust
Fund; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, by
its Ordinance No, 82-34, dated October 26, 1982, approved a redevelopment project
schedule within the Clearwater Downtown Redevelopment District and created a
redevelopment trust fund and provided for the appropriation of tax increment revenues
of the County to the redevelopment trust fund; and
WHEREAS, the City Commission of the City of Clearwater, by its Ordinance No.
3021-83 dated February 28, 1983, amended the Redevelopment Plan to add the
Community Redevelopment Project Schedule; and
WHEREAS, by Ordinance No, 86-14, dated April 16, 1986, the Board of County
Commissioners of Pinellas County, Florida, amending Ordinance No, 82-34 approving a
redevelopment project schedule within the Clearwater Downtown Redevelopment
Districtand creating a redevelopment trust fund and providing for the appropriation of
tax increment revenues of the County to the redevelopment trust fund; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No,
99-26 dated April 7, 1994, adopted an official map clearly and precisely showing the
boundaries of the community redevelopment area; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, by
its Resolution No. 94-157, dated June 7. 1994, re-delegated redevelopment powers to
the City Commission of the City of Clearwater, Florida, after a rectification between the
Redevelopment District map and the Redevelopment District legal description; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No,
95-65, dated August 17, 1995, adopted an amended redevelopment plan for the
Redevelopment Area;
2
Ordinance No. 7214-03
t
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, by
its Resolution No. 95-261, dated September 19, 1995, approved the new Downtown
Redevelopment Plan; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No,
96-48 dated July 18,1996, amended the Downtown Redevelopment Plan; and
WHEREAS, the Board of County Commissioners of Pinellas County. Florida, by
its Resolution No, 98-42, dated February 24, 1998, approved the amendment to the
Clearwater Downtown Redevelopment Plan; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
98-47 dated October 1, 1998, amended the Downtown Redevelopment Plan to change
the land use designation for certain property located within the Redevelopment Area;
and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
99-35 dated September 2, 1999, amended the Downtown Redevelopment Plan to
change the land use designation for certain property located within the Redevelopment
Area; and
WHEREAS, the City Commission of the City of Clearwater, Florida, by its
Resolution No. 02-41, dated August 8, 2002, declared an area generally east of the
Redevelopment District of the City described in said Resolution, hereinafter referred to
as the "Gateway Expansion Area" to be a slum or blighted area; and
WHEREAS, the Board of County Commissioners, by Resolution 02-287 dated
October 29, 2002, delegated certain authority and power for the Gateway Expansion
Area to the City.
WHEREAS, the City Commission of the City of Clearwater, by its Resolution 03-
22 dated May 1, 2003, expanded the boundaries of the Downtown Redevelopment
Area; and
WHEREAS, the City Commission of the City of Clearwater on September 18,
2003, passed Ordinance 7153-03, as amended by Ordinance 7231-03 on December 4,
2003, adopted an amended Downtown Redevelopment Plan; and
WHEREAS, the Board of County Commissioners, by Resolution
approved the amended Downtown Redevelopment Plan; now therefore:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
3
Ordinance No. 7214-03
Section 1. Ordinance 2779-82, which was passed and adopted on August 19,
1982 is hereby amended and readopted to read as follows:
1. Creation and Purpose
There is hereby established and created, pursuant to Section 163,387, Florida Statutes,
a Redevelopment Trust Fund, hereinafter referred to as the "Fund," to be used
exclusively to finance or refinance community redevelopment projects by the City of
Clearwater Community Redevelopment Agency, pursuant to Chapter 163, Florida
Statutes, Part III, Community Redevelopment Act.
The funds allocated to, and deposited into, the Fund as provided in this
Ordinance are hereby appropriated to the City of Clearwater Community
Redevelopment Agency, hereinafter referred to as "Agency," to finance the City of
Clearwater community redevelopment projects within the redevelopment area identified
in Ordinance No. 7153-03 of the City of Clearwater. The Agency shall utilize the funds
and revenues paid into and earned by the Fund for those community redevelopment
purposes delegated to it as contained in the plan for redevelopment and as provided by
law, and such fund shall exist for the duration of the projects within the redevelopment
area, and for so long thereafter as indebtedness continues to exist.
2. Monies Appropriated To and ComprisinQ the Fund
The Redevelopment Trust Fund shall consist of, and the City of Clearwater hereby
appropriates, commits and sets over for payment into tile Fund a sum equal to that
increment from the income, proceeds, revenues and funds of the City derived from or
earned in connection with the community redevelopment project area, and agencies
undertaking and carrying out of the community redevelopment projects therein, Such
tax increment shall be determined and appropriated annually, and shall be an amount
equal to the difference between:
(a) The amount of ad valorem taxes levied each year by the City and County
on taxable real property contained within the geographic boundaries of the
redevelopment area as defined in the adopted Redevelopment Plan for
Downtown Clearwater (Ordinance No, 7153-03, as amended by
Ordinance No. 7231-03; and
(b) (1) For the original CRA area: the amount of ad valorem taxes which
would have been produced by the rate upon which the tax is levied each
year by the County and City upon the total of the assessed value of the
taxable property in the above-referenced redevelopment area as shown
upon the assessment role used in connection with the taxation of such
property by the County and the City prior to the effective date (December
17, 1981) of Ordinance No. 2576-81 of the City of Clearwater; or
4
Ordinance No. 7214-03
(2) For the Gateway Expansion Area: the amount of ad valorem taxes
which would have been produced by the rate upon which the tax is levied
each year by the County and City upon the total of the assessed value of
the taxable property in the above-referenced redevelopment area as
shown upon the most recent assessment role used in connection with the
taxation of such property by the County and the City prior to the effective
date (December 4, 2003) of Ordinance No. 7231-03 of the City of
Clearwater enacting the downtown redevelopment plan.
In calculating the increment, the amount of ad valorem taxes levied based on
county-wide debt service on general obligation County bonds or city-wide debt service
on general obligation City bonds shall be excluded from the calculation. All increments
in this amount shall continue to be used for its voter-approved purpose and shall not be
appropriated in any part to the Fund. In no year shall the County or City obligation to
the Fund exceed the amount of that year's tax increment as defined by this ordinance.
Specifically excluded from the annual funding calculations are any increments in
ad valorem taxes received by the Pinellas County Planning Council, the Juvenile
Welfare Board, the West Coast Regional Water Supply Authority, the South West
Florida Water Management District, the Pinellas Anclote River Basin Board, Emergency
Medical Board, Environmentally Endangered Lands, the Central Pinellas Transit
Authority, the Clearwater Downtown Development Board, and any other such boards,
councils or authorities as may be duly established during the duration of the trust fund,
The Agency is directed to establish and set up the Fund and to develop and
promulgate rules, regulations and criteria whereby the Fund may be promptly and
effectively administered, including the establishment and maintenance of books and
records and adoption of procedures whereby the Agency may, expeditiously and
without undue delay, utilize such funds for their allocated statutory purpose,
The Agency is faced with full responsibility for the receipt, custody,
disbursement, accountability, management and proper application of all monies paid
into the Fund.
2, Duration of the Fund
The County and City shall annually appropriate to the Fund the tax increment
due the Fund at the beginning of the County and City fiscal year. However, the Fund
shall receive the tax increment only as, if and when such taxes are collected. The
County and City's obligation to annually appropriate to the Fund shall commence
immediately upon effective date of this ordinance and continue until all loans,
advances, indebtedness and obligations incurred as a result of the community
redevelopment project have been paid or for thirty years from the effective date of this
ordinance, if there has not been at the end of that thirty year period a pledge of the tax
increment funding granted by this ordinance through a formal commitment to expend
5
Ordinance No. 7214-03
funds or the issuance, sale or delivery of an instrument of indebtedness such as bonds
or tax anticipation notes described in Section 163,385, Florida Statutes.
Notwithstanding the above, in 2019, the County may review its tax increment
contribution to determine whether given the totality of the circumstances there is a
continued need for the dedication of the County portion of tax increment at the existing
level.
Conditions for 15-year TIF review
The success of the Plan relies on significant private investment in residential,
employment and retail uses so that the Downtown is marketable. Absent realizing this
investment, the Plan is not succeeding.
1. Performance of TIF revenues
During the 15-year review period, how do the annual TIF revenues collected
compare to the estimated revenues?
Measures: Collected TIF revenues (per Property Appraiser and Tax Collector)
2, Implementation of Downtown Redevelopment Plan
During the 15-year review period, how has the City performed in implementing
the Downtown Redevelopment Plan with particular emphasis on use of TIF funds in
implementation.
Measures: Capital projects built or almost complete compared to Capital
Improvement Plan; and eRA Programs and Initiatives implemented compared to those
in the Downtown Redevelopment Plan implementation chapter.
3. Effectiveness of Downtown Redevelopment Plan at Mitigating Blighting
Influence
During the 15-year review period, did the actions implementing the Downtown
Redevelopment Plan have the desired effect of redeveloping the CRA?
Measures: Changes in the Downtown/CRA assessed property value as
compared to the City's assessed value between the years of Plan Adoption to the 15th
year after adoption.
Demographic changes in the Downtown/CRA comparing the year of Plan
adoption to the 15th year after adoption.
Housing changes in the Downtown/CRA comparing the year of Plan adoption to
the 15th year after adoption,
6
Ordinance No. 7214-03
Property ownership rates, code enforcement rates and crime rates in the
Downtown/CRA comparing the year of Plan adoption to the 15th year after adoption.
The Board of County Commissioners shall complete its review prior to March 1,
2019 and shall notify the Community Redevelopment Agency in writing by March 1,
2019, if it intends to eliminate or reduce the County's tax increment contribution. In the
absence of such notification, the contribution shall continue as provided herein.
4. Proiects
The assets of the Redevelopment Trust Fund shall be applied, allocated,
expended and invested or reinvested in furtherance of the projects outlined in the
Downtown Redevelopment Plan as adopted in Ordinance 7153-03, and amended by
Ordinance 7231-03. Such application of the funds shall also be consistent with the
provisions of Chapter 163, Florida Statutes, Part III, Community Redevelopment Act.
There is hereby established and created, accordance with the provisions of the
Act, a Community Redevelopment Trust Fund ("Trust Fund") for the Community
Redevelopment Area including the Gateway Expansion Area, which funds shall be
utilized and expended for the purposes of and in accordance with the Plan, including
any "community redevelopment," as that term is defined in Section 163.340(9), Florida
Statutes, under the Plan.
The funds deposited or allocated into the Trust Fund are appropriated to the City of
Clearwater Community Redevelopment Agency to finance the Downtown Clearwater
Community Redevelopment Plan. The Community Redevelopment Agency shall use
the funds paid into or earned by the Trust Fund for any community redevelopment
purpose delegated to it, as set forth in the modified Downtown Clearwater Community
Redevelopment Plan Ordinance. Use of that portion of the tax increment attributable
to the County shall be limited to capital improvements, land acquisition and
environmental remediation as more specifically provided in Ordinance 7231-03,
Section 2. Severability
If any provision or portion of this Ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and
portions of this Ordinance shall remain in full force and effect.
Section 3, Repeal Conflicting Ordinance
All ordinances or parts of ordinances in conflict herewith are to the extent of such
conflict hereby repealed.
Section 4. Effective Date
7
Ordinance No. 7214-03
This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Pamela K. Akin
City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 7214-03
.
. .
I'Ll) L
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~ Clearwater
u
Interoffice Correspondence Sheet
TO:
FROM:
Bill Home, City Manager (. 1
Cyndi Tarapani, Planning Dire~ ~)
Downtown Principles
RE:
DATE:
December 5, 2003
The revitalization of Downtown Clearwater is dependant on a multitude of different clements and
components working together at the same time, It is the combination of the Clearwater DOWlltOWl1
Redevelopmellt Plall, the Community Development Code, the proposed Design Guidelines and City
Staff working in concert with residents, property and business owners within the DO\l'1l10WI1 Plal1
area that will bring about a successful revitalization.
The careful fomlUlation and subsequent application of the Downtown Design Guidelines will result
in the successful physical manifestation of the Dow1l10WIl Plan Guidelines are effective when the
community understands why they are important and what they do. In order to gain this broad
understanding, it is necessary to gain general agreement regarding the purposes and the design
principles associated with the Guidelines. The Planning Department has prepared the attached paper
from which this discussion can begin. The Downtown Design Guidelines Steering Committee
(DDGSC) will work with the Planning Department to provide recommendations to the Commission
regarding:
· Purposes of Downtown Design Guidelines; and
· Design principles or the ideas that should guide:
o Site design;
o Building placement;
o Building design;
o Treatment of designated historic structures; and
o Signs, lighting and other issues
The City Commission needs to discuss and reach consensus on the above topics. Once this occurs,
the framework for the Guidelines will be established and the Planning Department (in conjunction
with the DDGSC) will begin to draft the actual Guidelines.
S:ll'lr"'''i''K /)"l'lIrtml'lllI/)OIl'NTOII'N I'/.AN UI'IJA 77:\/JOII'NTOWN DESIGN GU/IJEI./,W:Sil'lIblic A fIol'lillgs I I 2-09-0J DDGSC McctingI/2-09-0J
DIJGSC COI'Cr MCII/o l.O.doc
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
Meeting Date:
12-18-03
SUBJECT/RECO:\IMENDA TION:
APPROVE the Design Principles that will guide the preparation of the Downtown Design Guidelines.
[gJ and that the appropriate otTtcials be authorized to execute same.
SUMMARY:
As the Clecl11mter Downtoll'/1 Redevelopment Plan was developed. each major clement was discussed with the City
Commission for policy direction prior to the actual drafting of the element. Based on the effectiveness of this approach.
the Planning Department recommends this process be used in the preparation of the Downtown Design Guidelines.
To assist in the development of the Guidelines, a steering committee comprised of members of the Main Street Design
Committee, a representative from the Community Development Board, representatives from the Old Bay and East
Gateway neighborhoods and design and construction professionals has been established. The Downtown Design
Guidelines Steering Committee (DDGSC) will work with the Planning Department to prepare draft Guidelines that will
be presented to the Commission for policy direction and conceptual approval.
The Committee and the Commission's review schedule of the Design Guidelines have been organized around four major
topics of discussion. The first one is Design Principles and is the subject of this agenda item. This topic centers on the
basic principles that will guide the formulation of the Guidelines. Attached is a paper that details the goals of design
guidel ines, what guidelines do, and the design principles for the numerous aspects of site and building design. The
Planning Department is seeking conceptual approval of the concepts presented in the attachment (or as revised). Once
this occurs, the draft Guidelines can be prepared. It is anticipated the Guidelines will have three major elements and after
each has been drafted with input from the DDGSC, it will be presented to the Commission for conceptual approval. The
review schedule for each major section is as follows:
Topic
New Construction
Rehabilitation of Existing Structures
Signs and Miscellaneous
Date
February 19,2004
March 18, 2004
April 15,2004
The Downtown Design Guidelines Steering Committee will review the Design Principles at its meeting on December 9,
2003 and the Planning Department will report the Committee's recommendation at the Commission meeting.
Reviewed by: Originating De t.:
Legal Info Srvc N/A PLANNING D ENT
Gina L. Cia on
Budget N/A Public Works N/A User Dept.: ~
Purchasir,g N/A DCM/ACM Planning
Risk Mgrr:t N/A Other Attachments:
Memo to City Manager
Design Principles
o None
Costs
Total N/A
Current
FY
N/A
Funding Source:
CI
OP
Other
Appropriation Code:
~ Clearwater
u
Interoffice Correspondence Sheet
Design Guidelines will be applicable to all land uses in the entire DOWlltowlI Pia" Area and
shall reflect and relate to the various Character Districts and existing land uses,
I. GOALS OF DESIGN GUIDELINES:
1. To implemcnt the Vision, Goals, Objectives and Policies of the Downtowll Plall and the
various Character Districts;
2. To encourage a diversity of architectural styles within the framework of the DOW1ltOlVll Pial/
that relates to the Character Districts;
3. To provide investor and property owner confidence through design continuity;
4. To guide new infill development and redevelopment relating those developments with the
existing fabric of the Downtown and with the vision of the Character Districts;
5. To guide the appropriate rehabilitation and preservation of structures designated as historic
by the City Commission; and
6. To create a pedestrian-oriented environment built upon the City's history and activities.
II. WHAT DO GUIDELINES DO?
A. Guidelines direct appropriate site design elements:
1. Block and Lot Characteristics;
2. Access, Circulation and Parking;
3. Site elements such as Open, Public and Civic Spaces, Public Art and Buffering and
Screening.
B. Guidelines direct appropriate building placement:
}, Location;
2. Orientation;
3, Separation; and
4, Coverage,
C. Guidelines dircct appropriate building design:
I, FOrol: Mass and Scale, Height, Width, and Depth and Rhythm and Spacing;
2. Architecture; and
3. Materials and Color.
D. Guidelines direct the appropriate treatment of designated historic structures,
1. Rehabilitation, Preservation and Maintenance of Historic Structures;
2. Building Relocation; and
3. Building Demolition.
E. Guidelines direct appropriate design for:
1. Signs;
2. Lighting;
3. Accessory Structures and Additions;
4. Property Maintenance;
5. Pinellas Trail; and
6. Transitions between Character Districts.
III. DESIGN PRINCIPLES
A, SITE DESIGN
1. Block and Lot Characteristics:
Appropriate block alld lot size depellds Oil tile Character District ill which it is located alltl
shollld help create a sellse of III"tlall scale.
Blocks should be appropriately sized to create a pedestrian-scale environment. Blocks should
promote easy pedestrian access through the block and encourage cross-use (different people
using the same paths for different purposes/destinations).
Larger lots with buildings located away from the roadway can create a campus-type or more
suburban appearance that may be more appropriate for the Town Lake Business Park Character
District. Smaller lots, such as those typically found in traditional Downtowns, create a walkable
urban environment with a greater sense of space and place and provide opportunities for social
interaction and are more appropriate in the Downtown Core.
2. Access. Circulation and Parkine::
Cars m,d people IIeed to co-exist however it shollld be recogllized tllat the DowlltowII is first
m,d foremost for people. Parkillg lots alld garages shollld be as IIIlObtrllsive as possible
effectil'ely hiddell from view either by screellillg or by other bllildillgs or IIses sIIch as
dwel/;,'gs, restallrallts m,d retail.
A complete network of paths permits people to park their cars once and walk everywhere they
need to go thereby reducing traffic congestion.
Curb cuts interfere with the creation of a continuous block face and create conflicts between
pedestrians and vehicles,
The appearance of a "sea of asphalt" as well as conflicts between vehicular and pedestrian
movements are undesirable,
Parking garages are often the most efficient method of locating a substantial amount of parking
within a limited space. They should merit the same level of detail as the principal building does
with regards to the use of basic design elements.
2
3. Site Elements:
Space shollld be made for courtyards, plazas, art, etc, Opell spaces provide pllblic "livillg
room s ".
Open space can be provided by a developer on a particular projcct site or by the City off site in
the fo011 of public parks such as Station Square and Coachman Parks. Open space provided on-
site can also act a transition between public (sidewalks and strccts) and privatc (residences,
offices, stores, etc.) spaces. In general the site and its surrounding uses should influence the type
and character of the urban open space.
Bllfferillg alld Screellillg (lalldscapillg, fellces alld walls) help defille spaces alld call block
"" sightly yet IIecessary elemellts (parkillg, storage, dllmpsters, HV A C, etc,)
The purpose of buffering and screening is important to preserve and cnhance the quality and
character of an area.
Public art that reflects the City and Downtown's character is encouraged. The developer or the
City through a Public Arts Program may install public art.
B. BUILDING PLACEMENT
1. Location:
Tile appropriate locatioll of a b"ildblg shollld help defille alld prOl'ide a coherellt street!t'cape
allll appearallce of all area resllltillg ill a defilled sellse of space alld place,
The appropriate location of a building on a site varies depending on the Character District in
which the development is located. Locating a building farther from a property line may provide
the space with which to include a plaza or public art. A building located directly on a property
line may be appropriate when that is the existing or desired character of the street.
2, Orientation:
B"ildillgs s"o"ld be oriellted towards t"e street.
The front of a building should face the street. Lots with morc than one street frontage should
provide a fully finished fa~ade along each street and the major enhancements should be located
on the principal street. The appropriatc orientation of a building helps crcatc and complete the
streetscape and has an effect on the sense of space and place.
3, Separation:
Tile existillg alltVor desired c"aracter of tile area sllO"l,l defille tire distallce behveell
bllildillgs.
The appropriate building separation differs between Character Districts and the District's vision
should define appropriate separation between buildings.
4. Covera2e:
Higl, percelltage of grol",d coverage is lIecessary alld appropriate ill a dO,.,IItOJVII settillg.
One of the goals of the Dow1l10w" Pia" is to increase the density and intensity of uses within the
Downtown to help create a more vibrant and exciting downtown. Providing high ground
coverage will allow for higher densities and greater number of uses to bc located within the
Downtown. Coverage can also refer to plazas, outdoor cafes and other public spaces in addition
to a building footprint.
3
C, BUILDING DESIGN
1. Form:
Tile form of a bllildillg is made lip of a combillatioll of elemellts illcllldillg mass, scale (the
relatiollship behveell height, width alld depth), rhythm alld spacillg. The form of a bllildillg
sllollld relate to the existil'g COli text of tile area amI/or the ellvisiolled appearallce of the
Cllaracter District.
a. Mass/Scale:
The mass alld the scale of bllildillgs shollld help dejille tile IIrball patte", of the DowlltowII
QI,d tl,e Character Districts,
Mass refers to an interplay of the height, width and depth of a building. Mass can be
augmented and influenced by design features such as doors and windows which can reduce
the apparent mass of a building. Scale refers to the relative size of a building as it relates to
neighboring buildings.
b. Height:
New del'elopmellt alld redevelopmellt shollld be well desiglled QI,d cOlllpatible witll
surroulldillg strllctures alld respect tire existillg vertical I,eigl,t of adjacellt bllildil,gs ill
creatillg or lIIailltaillil,g a pedestriall scale.
The apparent height of a building can be influenced and augmented by the use of stepbacks,
horizontal features such as cornice lines, string courses, wide windows, etc.
c. Width:
TI,e width for IIew strllctures alld illjill developlllellt should be well desiglled alld
cOlllpatible witll other structures ill tile area.
The width of a building is the horizontal distance between the farthest sides of the building.
The apparent width of a building can be reduced or otherwise influenced through the
introduction of columns, tall windows and doors, etc,
d. Dcoth:
Building depth sllOuld be well desiglled alld compatible witl, otl,er structures ill tl,e area,
Maintaining a consistent building depth makes it easier to locate shared parking lots behind
groups of buildings.
e. Rhythm/Spacing:
A common QI,d cO/,sistellt r/'ytlll" alld spacillg call help create a sellse of place.
Rhythm and spacing are connected elements and refer to the patterns created within a single
building fa~ade or among and between a group of buildings through the use of and distance
between doors, windows, lights, color, architectural features and/or the spaces between
buildings, common objects or features,
4
2. Architecture:
The architectural style of IIew developmellt or redel'elopmellt should be cOllsistellt with the
developmellt ill the surroulldillg Character Districts or as otherwise ellvisiolled by the
DowlltOWII Plall.
Architecture refers to the relationship and culmination between the various features of a building
including entrance design, doors, windows, details, roofs, materials and color in addition to the
mass and scale.
A variety of architectural styles exist within the Downtown and the Guidelines should not
prescribe anyone architectural style as being the most appropriate, New buildings may use a
variety of architectural styles as appropriate to the intended use of the building and the context of
the surrounding area. New buildings that simply imitate the details of historic or existing,
traditional buildings dilute the quality of those structures. New designs should avoid strictly
replicating the details of a historic or traditional style, which would create a false representation.
Rather, new design should use contemporary materials to abstract historic design elements.
3. Materials and Color:
Buildillg materials alld color should be cOllsistellt with alld relate to t"e cOlltext ami/or
arcllitectllral style of the bllildillg ami/or wit" other buildillgs ill tile area.
Materials for new construction should be selected from among those that are typical of
surrounding buildings and should be compatible with existing materials with regards to texture,
size, shape, color and scale. The scale of the building materials used should relate to the scale of
the proposed building.
Building colors should be selected based on the architecture of the building (each style has a
range of characteristic colors) while concurrently achieving a greater harmony with adjacent
buildings. Colors that are garish, gaudy, loud, excessive and ostentatious or that constitute a
glaring and unattractive contrast to surrounding buildings should not be pemlitted.
D. TREATMENT OF DESIGNATED HISTORIC STRUCTURES*
1. Rehabilitation. Preservation and Maintenance of Desil!nated Historic Structures:
Historic preservatioll, tl,e rel,abilitatioll, preservatioll alld IIIailltellallce of older bui/dillgs, call
be l'ital ill providil,g a cOIII,ectioll to our past COllCllrrellt witll cOllti,med service for their
adaptil'e reuse.
Older, revitalized buildings are vital for the economic vitality of a city, They, together with
newer buildings, can provide a wider price range of buildings and rents and can result in added
diversity, vibrancy and vitality of the Downtown.
· Owners of properties listed on the National Register of Historic Places or determined to be eligible for
listing on the Register wishing to receive federal tax credits for rehabilitation should comply with this
section of the guidelines.
5
When a structure has fallen into disrepair or has been altered by the removal of character-
defining assets or by the addition of inappropriate features one or more methods will be used to
work with the structure: Restoration, Preservation, Rehabilitation and Remodeling.
The Secretary of the Interior Standards for Rehabilitation are ten basic principles created to help
preserve the distinctive character of a historic building and its site, while allowing for reasonable
change to meet new needs.
Whenever feasible, the rehabilitation of a structure is the preferred method and should be based
upon analysis and historic documentation.
2. Duildine: Relocation:
A relocated buildillg should meet all Design Guidelines reqllired of new bllildings.
Relocated buildings should be moved onto a site appropriate to the size and scale of the building.
The relocated building should relate to other buildings in the Character District with regards to
size, scale, location, orientation, etc.
3. Duildine: Demolition:
A desigllated historic bllildillg is irreplaceable alld its delllolitioll may ha.'e 10llg-term
detrimelltal effects withill the Character District. Therefore, tlte delllolitioll of a desigllated
historic bllildillg shollld be tl,e LAST resort of allY development and should be considered ollly
AFTER all other optiolls illcllldillg restoratioll, presen'atioll, rehabilitatioll, remodeling alld
relocation I,ave beell exhallsted.
Demolition of a non-historic building should be evaluated concurrently with the proposed new
development, unless the building has a seriously damaged structural system requiring immediate
demolition in the interest of safcty.
D. ADDITIONAL ELEMENTS:
1. Sie:ns:
The appropriate scale alll/ placemellt of siglls 011 a farade shollld colltribllte greatly to tl,e
appearallce of a bllildil'g.
Every sign, whether freestanding or attached, should be designed as an integral architectural
element of the building to which it principally relates and should compliment that building with
regards to materials, color, texture, finish, scale and design and architectural context.
2. Lie:htine::
Lighting alld Iigl't fixtures sllOllld he part of all OJ'erall design plall aI,d sllOllld be appropriate
to tl,e built/ing to wl,ie/, tl,ey will he auae/,ed alUl/or ser.'e.
When unlit, lighting fixtures can impact a building or space through the physical form of the
fixture, At night lighting can impact buildings and spaces and create atmosphere through the
level of intensity and color of the light emitted.
3. Accessorv Structures and Additions:
Accessory strtlctllre.fJ aI,d additiolls shollld relate to tile pr;"cipal structure whiclt tile)' ser.'e
with rt'gards to materials, scale, architectllre alld c%r.
Utilizing the same materials, style and colors for additions and accessory structures as thc
primary structure brings an aesthetic continuity to a sitc.
6
4. Property Maintenance:
Maintait,ing properties once they I,ave been rehabilitated or those properties which are
currentl)' IInoccupied is vital to success of Dowlltown Clearwater,
Properties that fall into disrepair quickly become eyesores and damage the integrity of the
downtown and reduce the value of surrounding properties. In addition, required repairs are often
more expense than regular maintenance. Allowing properties to fall into disrepair costs everyone
money. Regular, consistent property maintenance is the obligation of all property owners.
5. Pinellas Trail:
Parcels tllat abut the Pinel/as Trail sllOuld celebrate it m,d be oriented towards tl,e Trail,
The Trail presents the opportunity to bring people into Downtown and as such is a unique source
of economic development. Uses along the Pinellas Trail should be oriented toward the Trail to
take advantage of the people drawn to this recreational/transportation amenity. Connections to
the Pinellas Trail should be incorporated in site plans when property is adjacent to the Trail or
when the proposed use would benefit through a connection,
6. Transitions between Character Districts:
Transitions betweell Downtown and surroundillg areas should create all aesthetic cOllsistellcy
and continuity between these areas.
When a site is on the border of the Downtown area or its use is divergent from surrounding uses,
a careful evaluation of the site and its location should form the basis for the design features
which should be incorporated into the site and building design to minimize negative impacts to
the surrounding properties.
S:IPla""i"g DqmrtmclIllDOWNTOlfW PLAN UPDA TEIDOlf'NTOWN DESIGN GUlDEI./NES\Pllbli~ McclingslI 1-09-0J DDGSC McCiillg\i 2-
09.()J DDGSC Oulline S.O.doc
7
.
Goals of Design Guidelines
1. To implement thc Vision, Goals. Objectivcs and Policies of the DowlItvll'n Plan
and the various Character Districts;
..,
To encourage a diversity of architectural styles within the framcwork of the
Duwntown Plan that relates to the Character Districts;
3. To provide investor and property owner contidencc through design continuity;
4. To guide ncw intill development and redevelopment relating those developments
with the existing fabric of the Downtown and with the vision of the Character
Districts;
5. To guide the appropriate rehabilitation and preservation of structures designatcd
as historic by the City Commission; and
6. To create a pcdestrian-oriented environment built upon thc City's history and
activities.
.
7. To distinguish Cleveland Street as Downtown's Main Street which is valued both
for its historic character and scale of development and for its function as the maior
retail street. rNote : from Obiective IF of the Downtown Planl signs.slr~etcllrc's.public
area~. pedestrian
8. To cnhancc Downtown Clearwater's reputation as an interesting and fun
destination. Details, divcrsity. an e.xpericnce ditlcrelllthan strip malls. water orientation
9. To develop an identity for Downtown Clearwater; one that is consistcnt with the
emerging concept of' creative communities.' local character. authenticity. unique ambiance building
on existing assets rather than anempling to artificially recreate successes of olher places, ans WId cullure. special sense of
place
10. To maximize downtown's economic vitality.
.
weJ 111l1J5 to Goals of Design Guidelines 031215
Printed 1211412003 10:25 PM
PlD :2
~ Clearwater 3'~)'
u
From:
Bill I-lome, City Manuger
Cyndi Tarapani, Planning Director rJ;J
To:
Date:
December 11,2003
RE:
Design Principles
The Downtown Design Guidelines Steering Committee met on Deccmber 9, 2003 to discuss the
design principles that should guide the preparation of the Downtown Design Guidelines. After
much review and discussion, the Committee recommended two rcvisions be made. One revision
amends the language contained in the Access, Circulation and Parking section and is located on
page two. The other one relates to architecture and is located on page 5. Attached please find
the design principles as recommended by the Committee shown in color and in strikethrough and
underline format.
Also attached is a copy of the PowerPoint presentation to be uscd in the Design Guidelines
discussion at the Commission worksession on Decembcr 15, 2003.
Attachments
, I
~.. Clearwater
u~~~
,,--~_/'"'"'..~/-~,~.....,-./
Intcroftice Correspondence Sheet
Design Guidelines will be applicable to all land uses in the entire Downtmvn Pltln Area and
shall reflect and relate to the various Character Districts and existing land uses,
I. GOALS OF DESIGN GUIDELINES:
I. To implement the Vision, Goals, Objectives and Policies of the Downtown Plan and the
various Character Districts;
2. To encourage a diversity of architectural styles within the framework of the Down/own Plan
that relates to the Character Districts;
3. To provide investor and property owner confidence through design continuity;
4. To guide new infiJl development and redevelopment relating those developments with the
existing fabric of the Downtown and with the vision of the Character Districts;
5. To guide the appropriate rehabilitation and preservation of structures designated as historic
by the City Commission; and
6. To create a pedestrian-oriented environment built upon the City's history and activities.
II. WH.-\ T DO GUIDELINES DO?
A. Guidelines direct appropriate site design elements:
I. Block and Lot Characteristics;
2. Access, Circulation and Parking;
3. Site elements such as Open, Public and Civic Spaces, Public Art and Buffering and
Screening.
B. Guidelines direct appropriate building placement:
I. Location;
2. Orientation;
3. Separation; and
4. Coverage.
C. Guidelines direct appropriate building design:
I. Fonn: Mass and Scale, Height, Width, and Depth and Rhythm and Spacing;
2. Architecture; and
3. f\.faterials and Color.
. .
D. Guidelines direct the appropriate treatment of desi gnated historic structures.
I. Rehabilitation, Preservation and Maintenance of Historic Stnlctures;
2. Building Relocation; and
3. Building Demolition.
E. Guidelines direct appropriate design for:
I. Signs;
2. Lighting;
3. Acccssory Structures and Additions;
4. Property Maintcnance;
5. Pincllas Trail; and
6. Transitions bctween Character Districts.
III. DESIGN PRINCIPLES
A. SITE DESIGN
1. Block and Lot Characteristics:
Appropriate block lInd lot ~'ize tlepelllls on the Character J)i.ftrict i" which it i.f locatetllllu/
.1i/wultI help create a sem.e of human scale.
Blocks should be appropriately sized to create a pedestrian-scale environment. Blocks should
promote easy pedestrian access through the block and encourage cross-use (different people
using the same paths for different purposes/destinations).
Larger lots with buildings located away from the roadway can create a campus-type or more
suburban appearance that may be more appropriate for the Town Lake Business Park Character
District. Smaller lots, such as those typically found in traditional Downtowns, create a walkable
urban environment with a greater sense of space and place and provide opportunities for social
interaction and are more appropriate in the Downtown Core.
2. Access. Circulation and Parkin2:
Glrs anti people need to co-exi.ft however it .fhoultl he recognized that the Downto....n i.1i fir.lit
anti foremost for people. florklllg fnlS (/lid g(/ruge.' shuuld hl' as flIIOhll'llsl\'l' as I'u.\\lhll' \lhdl'
!lW!.' Ih IlJ!il Jg. i,.:i:!SXif.l :(:~:,~~[N /1:0 ~_ !1!.l'(! '-~~' _d'~( LCl'.J.I.il]gL'Ltll.J!!::d_Ut b~<'\:,Aj~! : /(.I//(I......(~(1j ~lUXP!Jd hI' ~k!lllgs
~!t_,ll.'< 's.sllC.'h.( {.\.Jbl't' I {llIg". rlZ~!~(/lr(I!.!L':._(l!!d J(,[(liI.. Par" illg .-lot...tHul-. ~tlf'tlgt'.\--SllOlIld be II."
IIl1obtm,..h.lLWi-jlO.....sihle t:ffl'ctipe~,Lllidd<'" :!;oam-IJit'Il' i'itIH''''')' ...atlt'nill~ {If.by otlt<,,. building..
O'-II."t',\ . !ill clt tI,,, tlH'l'Ili ";.:....re....tfltl /"{Ul t.'i-lwtl rt'1uil,
A complete network of paths permits people to park their cars once and walk everywhere they
need to go thereby reducing traffic congestion. '
2
. Curb cuts interfere with the creation of a continuous block face and create conflicts between
pedestrians and vehicles.
The appearance of a "sea of asphalt" as weIJ as conflicts between vehicular and pedestrian
movements are undesirable.
. .
Parking garages are often the most efficient method of locating a substantial amount of parking
within a limited space. They should merit the same level of detail as the principal building does
with regards to the use of basic design elements.
3. Site Elements:
Space dumld be made for courtyards, plazas, art, ete:, Open .\plU..'es jJrtwitle public "lil'i"g
roo illS ".
Open space can be provided by a developer on a particular project site or by the City ofT site in
the form of public parks such as Station Square and Coachman Parks. Open space provided on-
site can also act a transition between public (sidewalks and streets) and private (residences,
offices, stores, etc.) spaces. In general the site and its surrounding lIses should innuence the type
and character of the urban open space.
Buffering anti Screening (Iaml..caping, fence... ami wall...) help define ,"pace... ami Ctln block
1III,\'igl,1Iy yet nece....\'afJ' element... (parking, ...torage, ti""'p...ten', J-/ VA C etc,)
The purpose of buffering and screening is important to preserve and enhance the quality and
character of an area.
Public art that reflects the City and Downtown's character is encouraged. The developer or the
City through a Public Arts Program may install public art.
B. BUILDING PLACEMENT
t. Location:
The appropriate location of a building slwultl help tlejine ami prOl'itle (I colterent .'1treetscape
ami appearance of lln area re.\'ulting in a defined sen~'e of.\]JlICe and place.
The appropriate location of a building on a site varies depending on the Character District in
which the development is located. Locating a building farther from a property line may provide
the space with which to include a plaza or public art. A building located directly on a property
line may be appropriate when that is the existing or desired character of the street.
2. Orientation:
/Juilding... ...h{}l,1tJ be orientell towarl/s the street.
The front of a building should face the street. Lots with more than one street frontage should
provide a fully finished fayade along each street and the major enhancements should be located
on the principal street. The appropriate orientation of a building helps create and complete the
streetscape and has an effect on the sense of space and place.
3. Separation:
The existing aneVor l/esired character of the area should l/efine the tlistance between
built/ings,
The appropriate building separation differs between Character Districts and the District's vision
should define appropriate separation between buildings.
4. Covera2e:
High percentage of grounl/ cOl'erage is nece.'1.'lar)' ami appropriate in a tlowntlJWn setting,
One of the goals of the Downtown Plan is to increase the density and intensity of uses within the
Downtown to help create a more vibrant and exciting downtown. Providing high ground
3
. .
coverage will allow for higher densities and greater number of uses to be located within the
Dmvntown. Coverage can also refer to plazas. outdoor cafes and other public spaces in addition
to a building footprint.
C. BUILDING DESIGN
1. Form:
The form l?f a huilding is made up of a comhination of elements inclmlillg "'miS, scale (the
relation.'iltip hetween height, width ami depth), rl,ytl"" {lIId .'if}{,cing, 11,e form of a huilding
should relate to the existing cOl,text (If the area allll/or tl,e em'isioned appearlll,ce of the
Clurracter Di.\'trict,
a. Mass/Scale:
The IIU1.'i.'i {lnd the scale of huilding... sluJIlltl help t1efille the urhan pattern of the Downtown
ami the ClllIracter J)i...trict.",
Mass refers to an interplay of the height, width and depth of a building. Mass can be
augmented and influenced by design features such as doors and windows which can reduce
the apparent mass of a building, Scale refers to the relative size of a building as it relates to
neighboring buildings.
b. Height:
New tiel'e/opmellt and retiel'elopment .\'Iwultl he well designed 1II1l1 COIIIP{,tihle with
surrounding .'itructures and respect tlte exi.\'tit'g l'ertical lteight of adjacent huildings in
creating or nu,intaining 1I pellestrian .\'cale.
The apparent height of a building can be influenced and augmented by the use of stepbacks,
horizontal features such as cornice Jines, string courses, wide windows. etc.
c. Width:
The wittth for new structure... ami infill tlel'elopment ...hoult! he well tle!;ignetl ami
compatihle with other ...t",etures in the {"ea.
The width of a building is thc horizontal distance bctween the farthest sides of the building.
The apparent width of a building can be reduced or otherwise influenced through the
introduction of columns, tall windows and doors, etc.
d. Depth:
Iluiltling lleptl, .'ihmlit! he well {Iesignetl and compatible with other structure!.' in the area
Maintaining a consistent building depth makes it easier to locate shared parking lots behind
groups of buildings.
4
e. Rhythm/Spacing:
A comnwn anti consi.'itcnt rhythm ami spacing can help create a sen.'ie of place.
Rhythm and spacing are connected elements and refer to the patterns created within a single
building fa~ade or among and between a group of buildings through the use of and distance
between doors, windows, lights, color, architectural features and/or the spaces between
buildings, common objects or features,
-.
2, Architecture:
The architectural style of new del'e/opment or redevelopment .'1lwuld be com-;''1tent with the
development in the .'IIIrrollluling Character Districts or as othen.'ise em'isiotled by tile
Downtown Plan.
Architecture refers to the relationship and culmination between the various features ofa building
including entrance design, doors, windows, details, roofs, materials and color in addition to the
mass and scale.
A variety of architectural styles exist within the Downtown and the Guidelines should not
prescribe anyone architectural style as being the most appropriate. New buildings may use a
variety of architectural styles as appropriate to the intended use of the building and the context of
the surrounding area. New-buildings-lhat--siml)ly--imilale--the-detHib-of-histor1c"or- e~istln~..
I radiHolla I-bll i Id i ngs-d i 11I1 e-t he-quH I i ly-of-those-st-fU€1 ufesc---New-desi~ns~hou ld-nvoid----slric t I Y
fepl iEHt1 ng-l he-delails-oj:"H-hisI0fic--or-lftldiH0I1H 1~I-y-le;-wh1dl--Wollld-cfeHle"H-fHI-se-fer)feSelll H I it Hl-
ICII h",'1 11', ew design should-!11a~_Use contemporary materials to abSI ract!!~hmLhistoric design
elements imp_~uw2.,:j;lJ.!ildjng.
3. Materials and Color:
Building material... ami color .'1llOu/d be con...istent with ami relate to ti,e conte:d amI/or
architectural.'1tyle of the building and/or with other buildings in the area.
Materials for new construction should be selected from among those that are typical of
surrounding buildings and should be compatible with existing materials with regards to texture,
size, shape, color and scale. The scale of the building materials used should relate to the scale of
the proposed building.
Building colors should be selected based on the architecture of the building (each style has a
range of characteristic colors) while concurrently achieving a greater harmony with adjacent
buildings. Colors that are garish, gaudy, loud, excessive and ostentatious or. that constitute a
glaring and unattractive contrast to surrounding buildings should not be permitted.
D. TREATMENT OF DESIGNATED HISTORIC STRUCTURES.
I. Rehabilitation. Presenration and Maintenance of Desi~nated Historic Structures:
Historic preservation, the rehabilitation, presen'ation anti maintenance of oltler buildings, can
be l,ital in prOl'iding a connection to our pa.ft concurrent with continut!tJ .fen,ice for their
atlapth'e reuse.
Older, revitalized buildings are vital for the economic vitality of a city. They, together with
newer buildings, can provide a wider price range of buildings and rents and can result in added
diversity, vibrancy and vitality of the Downtown.
· Owners of properties listed on the National Register of Historic Places or determined to be eligible for
listing on the Register wishing to receive federal ta.x credits for rehabilitation should comply with this
section of the guidelines.
5
When a structure has fallen into disrepair or has been altered by the removal of character-
defining assets or by the addition of inappropriate features one or more methods will be used to
work with the structure: Restoration, Preservation, Rehabilitation and Remodeling.
The Secretary of the Interior Standards for Rehabilitation are ten basic principles created to help
preserve the distinctive character of a historic building and its site, while allowing for reasonable
change to meet new needs.
Whenever feasible, the rehabilitation of a structure is the preferred method and should be based
upon analysis and historic documentation.
2, Huildini! Relocation:
A re!ocatetl bui/ding !ilwult/ meet all IJes;gn Guideline.... required t~r new bui/ding....,
Relocated buildings should be moved onto a site appropriate to the size and scale of the building.
The relocated building should relate to other buildings in the Character District with regards to
size, scale, location, orientation, etc.
3. HuUdini! Demolition:
A t/e.'iignated hi....toric built/ing is irrep/lIC:eable and it.\' demolitioll "",)' IUII'e long-term
tletri",ental effects witlJin the Cllllracter J)i.'itrict, Therefore, the tlemolitioll of tl de....ignatetl
hi....toric built/ing shoultl be the lAST re!UJrt of (III)' t1el'e/opment anti .'ihoultl be cfJII....itleretlonl)'
AFTER all other option.... including restoration, pre.'ien'tltiOlI, rehabilitation, relllOlleling ami
relocation hm'e been exhllll.'iteIL
Demolition of a non-historic building should be evaluated concurrently with the proposed new
development, unless the building has a seriously damaged structural system requiring immediate
demolition in the interest of safety.
E. ADDITIONAL ELEMENTS:
l. Siens:
The appropriate scale and placement of signs on a fm;atle .'ihoultl contribute greatly to tIre
appeamnce of II hui/tling,
Every sign, whether freestanding or attached, should be designed as an integral architectural
element of the building to which it principally relates and should compliment that building with
regards to materials, color, texture, finish, scale and design and architectural context.
2. Liehtine:
J.ighting amllightfmures shoultl he pllrt of an overall tlesign plan ami shoult/ he approprillte
to the building to which they will be attached antVor sen'e.
When unlit, lighting fixtures can impact a building or space through the physical form of the
fixture. At night lighting can impact buildings and spaces and create atmosphere through the
level of intensity and color of the light emitted.
J. Accessory Structures and Additions:
AC(,'t~UO'" structures and atldition.'i ....hollltl relate to the principal structure which they seTl'e
with regard.II III materilll...., sCllle, architecture ami color.
6
. ,
Utilizing the same materials, style and colors for additions and accessory structures as the
primary structure brings an aesthetic continuity to a site.
7
'.
4. Property Maintenance:
Maintll;ning properlie... once tlley hUl'e been rehabilitated or those properties which are
cllrrently IInoccllpied ;s v;tal to ...lIccess of ]Jowntown C1eanl'ater,
Properties that fall into disrepair quickly become eyesores and damage the integrity of the
downtown and reduce the value of surrounding properties. I n addition, required repairs are often
more expense than regular maintenance. Allowing properties to fall into disrepair costs everyone
money. Regular, consistent property maintenance is the obligation of all property owners.
5, Pinellas Trail:
Parcels that lIbut the Pinel/as Trail shollltl celebrate it anti be oriented towartl... the Trail,
The Trail presents the opportunity to bring people into Downtown and as such is a unique source
of economic development. Uses along the Pinellas Trail should be oriented toward the Trail to
take advantage of the people drawn to this recreational/transportation amenity. Connections to
the Pinellas Trail should be incorporated in site plans when property is adjacent to the Trail or
when the proposed use would benefit through a connection.
6, Transitions between Character Districts:
1i'all.\'itions between Downtown and .mrrounding areas should create {Ill aesthetic COI1SiSlell(y
and continuity between these areas,
When a site is on the border of the Downtown area or its use is divergent from surrounding uses,
a careful evaluation of the site and its location should form the basis for the design features
which should be incorporated into the site and building design to minimize negative impacts to
the surrounding properties.
S:V'/anning IJepartmen/lDOJI'NTOWN P1-4N lJPDATE'If)()JI?70II?-/ D/i"..'\/ct,v Gl'IIJEI.INf-;'\PuMc .\fcl!tln.~.f\12-IS-03 COnJmi.f$IOP!
Muting\Deslgn PnnClp/e.f I'a~r,doc
8
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~ Clearwater
u
To:
Bill Horne, City Manager
From:
Cyndi Tarapani, Planning Director
Date:
December 18, 2003
RE:
Design Principles
The DO\\l1town Design Guidelines Steering Committee met on December 9,2003 to discuss the
design principles that should guide the preparation of the Downtown Design Guidelines. After
much review and discussion, the Committee recommended two revisions be made, One revision
amends the language contained in the Access, Circulation and Parking section and is located on
page two. The other one relates to architecture and is located on page 5.
Subsequently, at the December 15, 2003 City Commission Worksession, Commissioner Jonson
suggested additional changes by adding four Goals to the Design Principles which were not
presented at the December 9, 2003 Steering Committee meeting. It was also suggested that the
topic of "'transparency" be added to the Design Principles.
These changes were distributed to the Steering Committee on December 16 and 18, 2003 via
email and followed up by phone calls to each of the Steering Committee members. The
responses garnered from the 15 members of the Steering Committee as of noon today are as
follows:
1. The addition of four goals to the Design Principles:
Six members responded in the negative, The general opinion is that the four suggested goals are
similar to goals currently included within the Downtown Plan and that since the Design
Guidelines will ultimately be inserted into the Downtown Plan restating them would be
redundant and unnecessary,
Three members responded 111 the positive stating that these goals should be restated for
reinforcement.
Page - 1
2. The addition of the topic of transparency to the Design Principles:
Five members respondcd in the negative. Thc gencral opinion was that it was discussed at the
December 9, 2003 Steering Committee mccting and decided that transparency would be an
important topic to be included into the body of thc Guidelincs in greater detail.
Onc membcr simply responded that transparcncy was important and should be includcd in the
Design Guidclincs.
Thrce members rcsponded in the positive and that it should be included in the Design Principles.
Staff has prepared a subsection addressing the issue of transparcncy to be included within the
Design Principlcs undcrlined below.
A, BUILDING DESIGN
1. Form:
a. Mass/Scale:
b. Height:
c, Width:
d. Depth:
e. Rhythm/Spacing:
f. Transparency:
Transparent bllildill/! facades are esselltial to a pedeSlriall-frielld/)I ellvirOl""elll,
Transparency (the ability to see into or through a building via windows and doors) provides a
connection between the public and private spaces creating a sense of security, vibrancy and
interest to the streetscape, Non-residential and high-rise multi-family residential buildings
should include substantial transparency to provide visual interest along block faces.
S:V'lanning lA'parlmentIDOII'N7VII'N PUN UI'DATE\DOWNro/l',\' DESIGN GUlDELlNESll'/lblic MeetingsI/2-IS-03 Commission Mectillg
- Design Prillciples\Memo 10 Bill /lome rc Sleering Committee Recommendations /I.doc
Page - 2
I
.
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3237 gill! fEfJRIJ n:
ttEI1RVIlTER, fi. 33759
DECEMBER 13, 2003
TO: BRIAN J. AUNGST, MAYOR AND
COMl\f1SSIONERS JONSON, HAMILTON, HIBBARD
IN THE NEAR FUTURE YOU WILL FACE THE TASK OF EITHER
APPOINTING SOMEONE TO FILL THE COMMISSION SEAT BEING
V ACA TED BY WIDTNEY GRAY OR CONTINUE WITH FOUR
COMMISSIONERS UNTIL THE MARCH ELECTION IN 2004. I AM
CONFIDENT THAT WHATEVER DECISION IS MADE IT WILL BE FOR THE
BENEFIT OF ALL CLEARWATER CITIZENS. SHOULD YOU DECIDE TO
FILL THE VACANCY, I WOULD LIKE TO BE CONSIDERED FOR THE
INTERIM POSITION.
AS A FORMER COMMISSIONER FOR SIX YEARS, THREE OF WHICH AS
VICE MAYOR, I AM QUALIFIED TO FILL THE SEAT. SINCE LEAVING THE
COMMISSION IN 2001, I HAVE REMAINED ACTIVE IN CITY AFFAIRS IE:
CIVIL SERVICE BOARD FOR A BRIEF PERIOD OF TIME (RESIGNED TO
ACCEPT APPOINTMENT) TO A VIA TION ADVISORY BOARD AND JUST
RECENTLY COMPLETED THE CLEARWATER CITIZENS ACADEMY.
AS FOR CIVIC AFFAIRS I AM ON THE BOARD OF SALVATION ARMY,
AREA AGENCY ON AGING, CLEARWATER COUNTRY CLUB AND
SERTOMA CLUB. I AM ALSO ON. THE ST. PETERSBURG-CLEARWATER
AIRPORT NOISE ABATEMENT TASK FORCE.
THANKS FOR CONSIDERATION. I WILL BE HONORED TO SERVE IF
APPOINTED TO FILL THE VACANCY.
SINCERELY,
11/3/2003
~'. 3~6
RECEIVED
DEe 03 2003
Comm, Hoyt Hamilton
Palm Pavillion
Clearwater Beach, Fl.
OFFICIAL RECORDS AND
LEGISlATIVE SRVCS DEPT
Dear Comm. Hamilton.
I would like to be considered for the position of Clearwater City
Commissioner due to the resignation of Commissioner Whitney
Gray,
I served as the Mayor of Clearwater between 1978 and 1983 some
Of my accomplishment include the following,
Brought stability and labor peace to city Hall.
Endorsed by business, labor, Board of Realty,
Brought cable TV to Clearwater,
Re- financed the entire city debt.
Built neighborhood Police and Fire Stations.
Rezoned entire city of Clearwater,
Established Neighborhood Housing Services.
Helped establish the Jolly Trolley
Represented the City in Nagano City, Japan.
Ruth Eckerd Hall became a reality on my watch.
Sand Key Bridge became a reality,
Served on the Board of Directors for:
Clearwater Chamber of Commerce
Pinellas County League of Cities,
Pinellas Industry Council
Ruth Eckerd Hall,
Clearwater Community Hospital.
Neighborhood Housing Services,
Sun state Opera Society
Education.
Eckerd College, St Petersburg, FI BA -American Studies,
Military Service
U,S, Coast Guard Reserve,
In conclusion, many of the same problems that existed 20 years ago still
exist today, I certainly understand those problems and want to be part of the
solution, In addition I have a great interest in zoning, labor issues, racial
justice, downtown solutions, traffic resolutions, and the delicate balance
between tourism, property rights, and living conditions to name a few,
I am a team player, with a solid background in business, office development,
and politics, Thank you in advance for your consideration
Sincerely,
6t{;~ t~~
Charles LeCher -
420 Bay Ave,
Apt 5F-147
Clearwater, Florida, 33756
445 4005 cell 434 0570
, . ,.'
, '. ',', "
'" "
October 30, 2003
1\Irs, Sue Diana
City Clerk Department
City of Clearwater
City Hall
1 12 South Osceola Ave,
Clearwater, Fl. 33756
Dear Ms, Diana,
Joel T, Brannen
1634 Dre\v St.
Clearwater, Fl 33755
(727) 461-1718
R.e. -sgB
,! "',
I 2003
. .
.J .1.~11h. : \~ t(JHhJt:'i
Please present me as a temporary commissioner to fill the balance of Whitney
Gray's seat #4 on the Clearwater City Commission.
Clearwater and Clearwater downtown are very important to me, and I feel
confident I can successfully fulfill the duties, responsibilities and obligations
which are relegated to the commission by state law, and the City of Clearwater
charter,
I am willing to receive no monetary compensation for the remainder of Ms. amy's
term.
Please feel free to contact me for any additional information before appointing me
on a temporary basis.
Sincerely,
Joel T. Brannen
Uec l~ U~ lU:~cp
p,2
Joel T. Brannen
1634 Drew St.
Cleanvater, Fl. 33755
.Joel was born in \Vaycross., Georgia on 5/25/1942 and worked in
Pnnarnu City, Florida as a disc jockey and engineer while owning his
own music shop, .Joel served 6 years in the National Guard most of
which time was served in Hounta, Louisiana.
Jo~1 n'sides at 1634 Drew Street in Cleanvater, Florida. While .Joel
h14s rcth'cd from the broadcasting business since 1996 - he still remains
ucti,'c with managing the investment portfolio for the family.
Juel came to be n Radio Broadcast Station owner after a background
of ownership in the music business, strip store center owner, radio
shation engine'~r, disk jockey and general manager of Broadcasting
Stallion K.nN. Work bcginning in the 1960's in Fernandina Beach,
Florida, radio experience in Panama City, Florida at WDLP Radio
Staltion nnd living and working in Mouma, Louisiana in the late 1960's
n' KCIL-lll\1 :lIld AM Ibdio Stations. A college graduate with a degree
from Southern Tcchnkal Institute of Atlanta, Georgia in 1962.
.Jol,1 bought his fir~t commercial center in 1974 in Clearwater,
JiJoridn Ulld procured the other half of the business block in 1984.
Most of .Joel's business life has been in radio broadcasting stations,
commercial property businesses, and condo ownership. KCIL AMfFM
Radio which he owned aod operated since 1976 with approximately 25-
30 em ployccs.
Dee 15 03 01:26p
p. 1
Joel T. Brannen
1634 Drew St.
Clearwater. FL 33755
i
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December 5, 2003
r;F~ f. < \ "
Clearwater City Commission
112 S. Osceola Ave,
Clearwater, FL
Dear Commission,
My name is David Tobiassen and I am interested in filling the temporary vacancy on
the City Commission, I live in Clearwater and am interested in serving the City as a
temporary City Commissioner, I currently work for Bernie McCabe as an Assistant
State Attorney and have worked at the State Attorneys Oftice for twelve years, As a
prosecutor, I have tried approximately ninety jury trials and negotiate cases and sentences
in matters ranging from murder to capital sexual battery on a daily basis, I have B,A.
degrees in economics and political science and a doctorate degree in jurisprudence, As
an undergraduate studying economics, I prepared a feasibility study on the economic
impact a baseball team would have on the TampalSt. Petersburg standard metropolitan
statistical area and the financial pros and cons associated with bringing a team to the area.
I have lived in Clearwater for approximately twenty years and am interested in assisting
the Commission with upcoming decisions that will determine the City's economic,
emergency, and aesthetic well being for years to come, Although I have never served on
the City Commission, I am famiIar with public service and the responsibility, duty, and
preparation it demands, Consequently, I hope you will review my resume and consider
me for a temporary position on the City Conunission,
~:~.
cjinc~relY Y o~'l .
oJ m'Tt.b1----'
David Tobiassen
DAVID KENNETH TOBIASSEN
3046 Oakbrook Circle
Clearwater, FI33759
(7271712-1335
WORK EXPERIENCE
5/28/91-PRESENT State Attorneys Office for the Sixth Judicial Circuit
Assistant State Attorney
As an Assistant state Attorney, I have tried approximately 90 jury trials
and over 100 non-jury trails including but not limited to murder, attempted
murder, and capital sexual battery, In addition, I have argued countless pre-trial
motions and handled daily court calendars on behalf of the State Attorneys
Office.
1/1/99-Present Police Academy
Teacher
I currently teach classes at the Police Academy in Sf. Petersburg,
FI. The classes range from Fourth Amendment Search and
Seizure issues to Sentencing under the Florida Criminal
Punishment Code.
1/10/91-5/10/91 The State Attorneys Office for the Eighth Judicial Circuit
Prosecution Intern
I performed the many functions of an Assistant State Attorney
under the guidance of a sworn attorney with the State
Attorneys Office. During the internship, I tried two jury trials and
a number of non-jury trials. In addition. my responsibilities
included researching issues of law, drafting briefs. and writing
various memorandums for the attorneys.
1/2/90-1/10/91 Richard & Blinn. P,A., Ocala, Rorida
law Clerk
Three partners made up Richard & Blinn P.A. Peter Blinn did
strictly bankruptcy work. Consequently. I researched and wrote
numerous memorandums interpreting bankruptcy law as it applied
to small businesses and individuals, Jim Richard was a general
practitioner, As a result. I researched a wide variety of legal issues
that ranged from mobile home manufacture's liability to tradename
registration in the State of Florida. My experience with Richard &
Blinn. P.A. was both enjoyable and invaluable because of the
diversity of the firm. the quality of the attorneys, and the productive
working environment.
EDUCATION
University of Florida May, 1991
Spessard Holland Law Center
J.D,
Activities:
Volunteer Tax Assistant
UF College of Law Softball Team
1M Football
IM Basketball
Trial Clinic
St. Olaf College, Northfield, MN May 1988
B,A,: Economics and Political Science
GPA: 3,3
Honors and Activities:
NCAA Division III Football(4 yrs.)
Senior Project(Grade Received: A)
Honor House Resident( 1986-87)
Food Shelter V olunteer( 1986-87)
1M Basketball, Soccer, and Softball(4 yrs,)
Countryside High School, Clearwater, FL
GPA: 3,98
Honors and Activities:
National Honor Society Memberffreasurer(1983-84)
Coaehes Scholastic Award(1983-84) .
Football(Varsity 1982-84)
Arrowhead High School, Hartland, WI
GP A: 4,0
Activities:
Varsity Cross Country( 1980)
Basketball
Band
Tmck
Baseball
CURRENT ACTIVITIES
Teen Court(I997-present)
Drug Court(l996-present)
Grade. School Mentor Program(2000)