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'rr t ' r , f ` f r. . '. `°i::.?. I , •1 €' s,:, • t .r. _ f J > .r 9,i .P. '7 ;t:. y, 1 1 . . : . , , ° , • ,1 ".; i or:l., g1. I. .. : s •i •E. s • `r.i'r r; sa!' ! f. w r..rr I; k;. i?.. .3 ?':. ' 7 i f. , i., . - : r „ .1. •'t ?xs'yt ? ,;.- - '- , ` ? • x •t•i ?:::c' i a "'4 4':::k'. ;4 y L fi.,*. .. .;5;: .14?. i, . . +k' j ?' _ei, ,..c. y .. 11•••.r 1 1C,? ?t --- - - -- - ?1, .....-. ,.." r, 1w. in f. r-..r?_ni:ak?:?l , l•r 4f{( I ' ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, August 4, 1994 - 6:00 P.M. - 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 on other than Public Hearing items, shall be limited to 3 minutes. No person sha ll speak more than once' on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY' REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 8131462-6684. 1. Pledge of Allegiance 1. Mayor. 2:' Invocation 2. William C. Baker, Assistant City Manager. 3. Service Awards 3. None. • 4. Introductions and Awards' I 4. None. 5. Presentations 5. a) Report given.' Discussion to be scheduled a) Charter Review Report 8115194.' Public Hearings 911 & 9115194. 6. Approval of Minutes - Regular Meeting 6. Approved as corrected. 7121194 & Special Meeting 811194 7. Jackie Blan o requested assistance in 7. Citizens to be heard re items not on the getting reinstated to HUD assistance. Agenda (maximum of 10 speakers pre- Ernie Barger expressed concern re news registered with City Clerk) reports that reclaimed water may be".mixed with drinking water. He requested the City 'continue to press the County to complete the trail. Not Before 0 P.M. - Sc a ule Pu lic. earings (1) ' Presentation of issues by City staff. (5) Commission questions. (2) Statement of case by applicant or (6) Final rebuttal by applicant or representative representative'(5 minutes). (5 minutes). (3) Commission questions. (7) Commission motion to determine (4) Comments in support and in opposition, disposition whether as an individual or as a spokesperson for a group (3 minutes). B C HEARING S All individuals speaking on pubic hearing items will be sworn-in. 8. Public Hearing & First Reading Ord. #5663- 8. Approved. Ord. #5663-94 passed 1st 94 - Vacating westerly 1' of the 10' reading. drainage & utility easement lying along the easterly side of Lot 13, Blk D, Shady Oak Farms Sub. (Allorto/Ware & Mayes, V94- 07)(CP1 814194 1 .'NSF ?1•?.:. .: 6. _. eY' I • ' IY ',IH t• f f , . • • I 9. Public Hearing & First Reading Ords. 9. Approved. Ords. #5643-94, #5644-94 & 16643-94, #5644-94.& #5645-94 - #5645-94 passed 1st reading., Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1312 Woodbine St., Pine Ridge Sub,, Bilk B, Lot 13, 0.18 acres m.o.l. (.!ones, A94-15, LUP94-17)(CP) 10. Public Hearing & First Reading Ords, 10. Approved. Ords,. #5649-94, #5650-94 & . #5649-94, #5650-94 & #5651-94 - #5651-94 passed 1 st reading. Annexation, Land Use Plan Amendment to Residential Low and RS-4 Zoning for property located at 1231 Keene Rd., Meadow Creek Sub., Blk C, Lot 1, 0.26 acres m'.o.l. (Crawford, A94-16, LUP94- 18) (CP) ; 11. Public Hearing -20th year CDBG Final 11. Approved as amended. Statement and objectives for FY 1994-95 (BD) 12. ' Not a Public Hearing - Fiscal Year 94195 12. Approved allocation of funds as City of Clearwater Social Services Grants - recommended by TRC, approved contract- recommendations for allocation of funds form. made by'the Technical Review Committee and proposed contract form for the funding contracts (HM) 13, -Second Reading Ord. #5564-94 - providing 13. Ord. #5564-94 adopted as amended.. authority for the issuance of not exceeding $8.25 million Gas System Revenue Bonds, Series 1994A, to provide for Gas System additions, extension, supplements and replacements (AS) ' 14. Not a'public hearing - Res. #94-55 - 14, Approved, Res. #94-55 adopted. providing for the' public sale of not to exceed $8.25 million Gas System Revenue Bonds, Series 1994A (AS)) . 15. Not a public hearing - First Reading Ord. 15. Approved. Ord. #5659-94 passed 1 st #5659-94 - providing for the issuance of reading. not exceeding $12,500,000 Improvement Revenue Bonds to pay a portion of the cost of the Municipal Services/Public Safety and Police Complex (AS) 16. Public Hearing & First Reading Ord. #5660- 16. Approved. Ord. #5660-94 passed "1st '. 94.- RPD-C Zoning for property located at reading. 316,0 McMullen Booth Rd. (Landmark' Manors), Sec. 21-28-16, M&B 23.04, .23.05, 23,06, 23.08 & 23.13, 17.3 acres m.o.l. (McCullough, Z94.04)(CP) 814/94 2 ?• . ' ' Fir ? +?'i ? BFI ,..I -f q; , `t f 1 f 17. Variance(s) to Sign Regulations for property 17. Approved height variance of 2.5' to allow a located at 400 Island Way, Sec. 5-29-15 & freestanding sign 8.5' subject to the. 8-29-15 (Starboard Tower Clipper Cove condition, the height of the-supporting posts Condominium Association/Clipper Cove be reduced to 7.5'. Condominiums,SV94-22)(CP) 18. Variance(s) to Sign Regulations for property 18. Approved height variance of 1.1' to allow a located at 425 Island Way, Sec, 5.29-15 & freestanding sign 7.1'. ' 8-29-15 (Starboard Tower Clipper Cove Condominium Association /Clipper Cove ' Yacht Club, SV94-23)(CP) , 19. Variance(s) to Sign Regulations for property 19. Approved variance to allow a freestanding located at 50 Somerset St., Mandalay Unit sign subject to: the sign shall have a ` 5, Blk 83, Lots 5 & 6 (Castillo/Montery maximum area of 37.4 sq.ft., maximum Motel Apartments, SV94-25)(CP) height of 14.8', and be set back a minimum of 5' from all property lines. 20. Variance(s) to Sign Regulations for property', 20. Approved area variance of 8.8 sq.ft. to located at 110 Island Way, Sec. 8-29-15, allow attached sign with, an area of 72.8 M&B 13.05 (King, Trustee/Island Estates' sq.ft., and sign area ratio variance of 0.12 Realty, Inc., SV94-26)(CP) sq.ft. per foot of building width to allow a sign area of 1.62 sq.f.t per,foot of building width subject to the conditions, no freestanding sign shall be placed on this property, and the sign on the south face of the building be removed. 2.1. Variance(s) to Sign Regulations for property 21, Approved variance to allow placement of a located at 108 N. Myrtle Ave., Gould & new freestanding sign with a height of 20', Ewing's 2nd Addition, Blk 16, Lots 12-22 an area of 48 sq.ft., and a setback of 5' (Finegan/Devoe and Reynolds Co., SV94- subject to the condition the existing 27)(CP) freestanding sign be removed. 22. Public Hearing,& First Reading Ord, #5654- 22, Continued to 911194. 94 - Amending Sec. 41.151, to revise dimensional requirements for docks (CP) - To be cont.- to 911194 23, Public Hearing & First Reading Ord.'#5655- 23. Continued to 911194. 94 - Amending Sec. 45,23, to delete the authorization for'minor variances'from dock width and setback requirements and to authorize minor variances from parking space requirements (CP) - To be cont. to 911 /94 24. 'Public Hearing & First Reading Ord. #5656- 24. Continued to 911194. 94 - Amending Ch. 40, creating new division 23A to establish a downtown/mixed use district; amending Sec; 41.053, to establish supplementary conditional use standards for conditional uses provided in the downtown/mixed use district (CP) - To be cont. to 9/1154 8/4/9! 3 . 'lA ?1'''. ?'r?a - i•,ti •. "??i a '3 ` ' S 25. Public Hearing & First Reading Ord. #5657- 25. Continued to 911!94. •94 - Amending Sec. 40.286, to increase the maximum allowable height for the Limited Office district (CP) - To be cont. to 911194 26. Public Hearing & First Reading Ord. #5658- 26. Continued to 9/15194. 94 - Amending Sec: 36.11, to establish ' l definitions for "Outdoor Cafe," Sidewalk Vendor,". and "Vendor Stand,", amending Ch. 41, creating a new division 12 to i' establish requirements for locating and operating outdoor cafes and sidewalk vendor operations iCPi' To be cont. 'to r 91594 ` Public Hearing - Second Reading Ordinances 27. Ord. #5571-94 - CPD Zoning for property 27: Continued. located at 706-712,Magnoiia Dr., Magnolia ' Park, Blk 31., Lots 6-9 (Nations Bank Florida, Z84-03) To be Cont. 28. Ord: #5597-94 - Amending Sec. 40,489 to 28. Continued. establish new'parking requirements for Bayfront Core and Eastern Corridor subdistricts of Urban Center District (LDCA94-06) To be Cant. 29. ° Orr]. #5617-94-- Amending Sec. 42.26, to 29. Ord. #5617-94. adopted. provide requirements for wire fences in residential zones (L.DCA 94-10) 30, , Ord. #5631-94 - Amending Sec. 35.1 1, to 30. Ord. #5631-94 adopted. revise the definition of personal services, ' amending Secs. 40.284 & 40,304; to provide for personal services as conditional uses in the OL and OG zoning districts, amending Sec. 41.053,, establishing supplementary standards for such uses ' (LDCA 94-02) 31. Ord. #5633-94:-Land Use Plan 31. Ord. #5633-94 adopted. Amendment to Residential High for property located at 1 110 Pine Ave., Mary Land Sub., ` Blk 133, Lots 1712 & vacated west 112 of Madison Ave.(RHAIFlorida Properties, Inc., ' . ' LUP93-37) ' . 32, Ord. #5634-94 - Land Use Plan Amendment to Commercial General for 32. Continued to 8118194. property located at 1914 Atlantis Dr., Sunset Point Estates, Blk A, Lot 22 (Touchette, LUP93-36) To be Cont. to • 8/4/94 4 : • a: figs; '1?... .',' ^,i;?,.•: '•,• .:?? y.f.' .- • ''' ., a •Y. 8118194 , '33. Ord. #5635-94 - Land Use Plan 33. Ord. #5635-94 adopted. Amendment to Institutional for property located at .701 N. Missouri Ave., New Country Club Addition, Blk B, Lot 12 less road on west (City of Clearwater, LUP93- 39) , 34. Ord. #5636-94 - Land Use Plan 34. Ord. #5636-94 adopted. Amendment to Institutional for,Parcel A & , B;•Parcel A - 601,605 & 607 Orange Ave., ' Turner's" 3rd Addition Blk 12, Lot 4; Parcel , B'- 604 & 606 Bay Ave., Turner's 3rd Addition, Blk 12, part of Lots 1 & 2 {Episcopal Church of the Ascension (formerly "and Ruth Willett"), LUP93-26} 35. Ord. #5637-94 - Land Use Plan 35. Ord, #5637-94 adopted. Amendment to Institutional for property located at 3190 McMullen Booth Rd., Turtle Brooke Sub., .Parcel A (North Bay Community Church, Inc. '(formerly Wright), LUP93-381 36. ' Ord. #5638-94 - Land Use' Plan 36.. Contin`uedy Amendment to Institutional for part Sec: 21-29-15, M&B 12.16 & 12.17 and abutting vacated portions of Sheridan Ave. (Parcel A) (1250 S. Ft. Harrison Ave.)(Morton Plant Hospital Association, Inc.; LUP94-16) To be Cont. 1 37. Ord.'#5639-94 - PISP PD; Zoning - part Sec. 37. Continued. ' 21-29-15, M&B 12.16 & 12.17 and abutting vacated portions of Sheridan Ave. (Parcel A) and Westover Sub., Blk A, together with vacated portions of Watkins Rd.'and Sheridan-Ave. abutting Blk A (1250 ' 'S. Ft. Harrison. Ave.)(Morton -Plant Hospital Association, Inc., Z94-07) To be Cont. ` P' 38: Ord. #5640-94 - Land Use Plan 38. Continued. Amendment- to Institutional for various properties east and west of 'S. Ft. Harrison Ave. and north and south of Pinellas ; St.(Morton Plant Hospital Association, Inc., et al, LUP94-15) To be Cont. 39. Ord. #5641-94 - MPD Zoning for various 39. Continued. praperties--east and west of S. Ft. Harrison Ave. and north and south of Pinellas St.(Morton Plant Hospital Association, Inc., et al, Z94-06) To be Cont. ys. 814194 5 f r r r r ' .. • ' j r r ' 40. Ord. #5642-94 - RM78 Zoning for property 40, Ord. #5642-94 adopted, located at 1563 & 1567 Druid Rd., Druid Groves, Blk A, E 7' of Lot 3 and Lots 4-6, 0.37 acres m.o.l. (Bowen/Desaulniers, Z94- 06)(Clearwater Community Hospital) 41. Ord. #5646-94 - Annexation for property 41. Ord. #5646-94 adopted. located at 112 Meadow Lark Lane, Bay ' View City Sub., Blk 1, S 80.75' of Lots 5 & 6, 0.17 acres m.o.l. (Kinsley, A94-14) 42. Ord. #5647-94 - Land Use Plan 42. Ord. #5647-94 adapted.. Amendment to Residential Urban for property located 'at 112 Meadow Lark Lane, ' Bay View City Sub., Blk 1, S 80.75' of Lots 5 & 6, 0.17 acres m.o.l. (Kinsley, LUP94- 14) 43•. Ord. #56,48-94 - RS' 8 Zoning for property 43. Ord. #5648-94 adopted. located at 112 Meadow, Lark, Lane, Bay View City Sub., Blk 1, S 80.75' of Lots 5 & 6, 0.17 acres m.o.l. (Kinsley; A94-14) 44, Ord. #5661-94 - Amending Sec.', 18.04, 44, Ord. #5661 '94 adopted. ; relating to library cards, nonresident fee for ' use'of city library and criteria for establishing residency 45.- Ord. #5662-94 - Vacating 30' r-o-w for 45. Ord. '#5662-94 adopted. Turner St. 0/n/a Central Blvd.) lying S of Lots 19-24, Midway Sub, and that 30' ' public .thoroughfare in Deed Book 1542, page 255, subject to retaining it full width as a, drainage & utility easement (Morritt Homes, V94-01) 46. Special Items o wid espread public interest a) Post, Buckley, Schuh & Jernigan - Drew Street a) Status report given. Project (PW) b) Authorize staff to proceed with development b) Continued. of the Del Oro Subdivision General Storm Replacement Project - Phase I in accordance with design described as Alternative I (PW) j 47. Citizens to be ear re items not on the Agenda Anne GarNs. indicated a petition has been prepared and circulated by a group on the beach -not to destroy beach pool. She asked that survey in Beach Views re East Shore.Drive be copied to the Commission. 814194 6 ., 7K: "i?. •l, 114 ,?, I rp' `.?'<S _. '1e • ill ' Laura Diane Kay thanked the Commission for police presence in her.area. She commended staff member Alan Mayberry. She complained re revamping Cleveland Street to three lanes. She expressed disappointment not allowing citizens to vote on Municipal 'Services Building. She ` questioned what the City plans to do with East End. Bob Bickerstaffe believed less money would be spent on the Municipal Services Building than would' ;.; have been spent on Sun Bank Building in the long run. He felt the project will help all downtown. Has not heard any detrimental comments re Cleveland Street. He said more action has taken place on the current Commission than ever before and encouraged them to continue on in the same manner. CITY MANAGER REPORTS 48. Receipt/Referral - Annexation, Land Use 48. Received'& Referred. Plan Amendment to Residential Low and - RPD-D Zoning for property located at 2377 Dora Dr., Rolling Heights Sub., Lot 12, 0.27 acres m.o.l. (Bailey, A94-17, LUP94- 20)(CP) 49, Other Pending Matters 49. a) Report given. Request made to a) Progress report re Pier 60 park & plaza rediscuss pool. , b) Rescind action on item #24 of 7121194 b) Action of "cont. to 9122194" for item and continue to 9115/94 #24 on July 21, 1994 rescinded, Item "cant. to 9115194". CITY ATTORNEY REPORTS 50: Other City Attorney Items 50. a) Continued to 8115194. a) Res. #94-69,- determining the necessity to construct improvements, repairs to and. rehabilitation of the East Plant Interceptor Sewer Line, authorizing and directing condemnation of the necessary property 1. City anager' era sports 51. Amen ment approve to Alan unmet contract with variable rates based on who ' performs work. City Manager reminded the Commission of Solid Waste Open House tomorrow from 1- 4 p.m. She referred to city advertising on the Jolley Trolley. ' She invited the Commission to attend mock hurricane exercise on 8/9/94. t:: , • ! . 8/4/94 7 'awl. `. - .. . • ' • rw f i . is b'r { , t3. f • ti s { ' f , J „ 1 ; , f ` r ' al ?.!ji'+• •d !`v4?' i', !: .'., ',E+ ? ''pYy , r , ` r , ?' "•;?•r ii!•rS31 ear i'e.'.+`• s.1 i±? ," 'rN '.t•. 'a .: •a` r'. : ?'. ''?"• ,?f'y,?. d City Manager'asked direction re advertising' P FGCAC options to locate in Clearwater. Consensus 'to do 112 page ad in the St. ' Petersburg Times. f She asked direction re marketing HarborvIew.Center re restaurant. ' Consensus do locally developing something inhouse. '. 52. Commission, Discussion{ Items 52. None, r ' 53: ''Other Commission Action. 53. Thomas suggested selling commercial time during Commission breaks..Consensus•to ` wait till the City has- its own channel to investigate. Tracking for ; December/January. Deegan referred to a letter re PSTA, proposals for signs on. transit'shelters. Questioned whether lights are wanted in shelters. Questions raised re amount ,= = signage and content of signs:. He .questioned whether minutes can be shorteried by, reducing amount of +J background information included from ' agenda item. Clerk to review. r1;;;:= f He thanked the City Clerk Department for t bringing the minutes up to date, He requested the Legal Department not include items closed out on their tracking list. 54. ',"Adjournment . 54. 1:44 a.m. (815/94 61 l.. = 81.4194' ' g J r?lz ?^k' s " CITY OF CLEARWAT•ER Interdepartmental Correspondence ; ` TO: Mayor and Commissioners FROM:. Cynthia E. Goudeau, City Cl SUBJECT: August 4, 1994 Agenda , i COPIES: Elizabeth Deptula, City Manager DATE: August 2, 1994 The agenda for August 4, 1994, is a bit unusual. As I'm sure you have noticed we have scheduled the Social Service Grant item immediately after-the CDBG item although the Social Service Grant is not a public hearing. We did this because. the items are closely related and many of the people that will be in attendance for the CDBG item will also be interested -in the social service item. We have also grouped all three items regarding bonds together although only the second reading of the Gas Bond Ordinance is a public hearing. We have done this in order to address all items for, which bond counsel is in attendance at one time. ' Finally you will note several second reading of ordinances that are being continued. Item 27 is being continued because the site plan required with a CPD zoning is not`ready to go forward. Items 28(downtown parking standards), 36, 37, 38, and 39(Morton Plant Hospital land use plan and zoning), because 1st reading did not occur at the July 21, meeting as had originally been scheduled, Item 32 .is the ordinance regarding the Touchette (Flower's Bakery) land use plan which the, Commission took action to schedule for August 18. ; I hope this information answers any questions you may, have. If not please let, me know. j+._ rft ? .Ir ?r ?i?ft r. ?•I flF?' t. -J }• ., : ."'kf '{... J , I . '[, i ..5„-f 'r t '•1, i.. s, :,; }p }} f :a.s', ;' . I, f.- ! f :rf w.C-'.'.a..? .` tr:. Sik"; 'e.,. `! e r.?,,411 ipgrR.y 'r, +,?r"e' _ : e' ` EI' ' ,w. •,l?r '.'t;- "S'. l '#. l ?i`S :I 1 ?, a J , 6 !' + V k , +.. k1' ;R ., ,x . 1, T, ?f;f.F r ,•Yp , ? i[i l,,, <; if, li - . , A ., _ '!'f~•'' ?'I.1 f Y,I,'7 .F,{__.r .,f .[l1 .I,'i.: ..}:,,'t.. It. o ° 1 .'?' •_`.?:. i Y:'. 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' ?? • ?` . • ° r , Y < , ' s'7 • [i ? ? i . d A ? :' a., ` , b Hrjg? ? 7 , 3 j r r , , 1 , •1 ) L i i. ' ;3: ? 3-IY 1'Y? .j, ?[?y', '1.... - l `. 3V•E, f 3? i ,?yn I • 1 S . ! t .! - ,?. . f , ', 7 t' el 'P.. n^?? r r ' • 1 I J y 'I f Y 1 l . t r ' ^ ' l°l,?. y',T,?` n- c• ?? - dF 3!'. •. .I ?r ? Y. .{,•. .. .), • ! ` r 1,, .3 r? .j '1t :5?•.a F/, .(I4'a1? •?t' •??t, r ? ?' ?. }.,• r t , "l - ' / ( • '? yr r r :??-?Yi -t' ' ^ 'l°•.., 3G't, w.?xilr'?t i :). .,tr i?L., 'I ':I':.Cc, r 1.ir v ? •++.-:.Y ,. °d't 1?°'..i.s. -t`, ?.s??? L' '? '?. _ [ .1 •rY _ .. 'f .,.d s ..r , , a. y .. [ f' .y' i ?P. 'j r'-1?Y? 1.:r J'.•.s I.. .r •. ? -, ' 1 r 1' •` ? ! r ' d t l ? r y ! , .. r, ` d. /, I I ' . • , . I ' , . I , + l ? 1 . ' , ( . , I . r ' [ ,r 'f • i , f1 ? , 3, f 1 A r ' [ , ? f If l N r 1 ' ° ' ` , li _ , Y 1•? • . , t ? .. 1 ..fir.. . ? ' ? ; 1 • ? ?? .. . . .. ... .. . . ° ilk EN 9 DATE 4 - - P 5•?r r?l• 7 '? "ITEP41 I a ' •? ' r ° 1 ? r ? - '? ' ' • , . [ ': ? ' } t .. r ( ', ° '. _ ? 7 r , ' , ° I .• - IN e , I • e.1. y s?•- ?`Y4 pit+j??' ifs .. ; .. ;. ! .. .... 1 • .. ?; -- ?''rl, / r ' ., d ' f' 1 I r1 .r Ir r?P, .•i?rl ?•1r '- r. .. .. L' , ! )I . ., • .. I .. „ ? r 11.f ` .? 1 ... .. 'iF.1f .T`i?: > ,i. •' + 1 ? . ', ' / • , • i ? Alt ?• r ?? r' C X TI',. Y OF C L E A- R W A T E R interdepartmental. Correspondence '. TO: City Commission f FROM: Sue Diana, Assistant City Clerk r °' ' Commit SUBJECT: Charter-Review tee Recommendations ;'. DATE: August 3, 1994 Page '3 of the 'letter written. by the- Chairman, of 'the, Charter, . ' 'Review Committee references .the Budget Advisory,, Committee (BAC) as recommending the' total indebtedness of the city be, changed from 20q; ' m:.. :. to 5%. This change was not recommended, -by .''the BAC ' but • was , . . .recommended by a group called the Charter Subcommittee and`, was chaired b `Rob'ert Wri ht y g . The words "may be, issued only. . after. the '. same have.'.been ; approved 'by vote of the, electors. of .tie city at referendum. `Yr conducted in, accordance with, the laws of 'the-State of Florida'."' , .. °• •: should not have been included on page 26 (c) 'of" the proposed charter . , as' this language is stated in the first paragraph?.'under .Section' .'' ' 9 . 0 2 on page 25. ; f., . IT you-have any questions, 'please give me a call. cc:' c . City Manager' , , City',Attorney 1 AUG "3199,4 CITY ATl UkivEY k j•. i r v' 1 r:?' .[V.r.M SF 4 ;T `' 1 _ r.`Ji :fit ?+• . fit"":: ?I'?yR4d,• %? ;rya ?'?'S . ' • ', - r e 1. r • i July 22, 1994. The Honorable Mayor and City'Commissioners -of Clearwater City, . P.0 . Box 4748 Clearwater, FL 34618-4748 RE: 1994 Charter Review Committee Recommendations Dear Mayor and'Commissioners: " On behalf of the Charter Review Committee, enclosed'aCre the' charter amendments proposed by the Committee.' .Wording proposed to be deleted is lined through; wording proposed to be, added. is 'underlined.' The Committee met fourteen times, the first meeting being on `. , February '2, 1994 and the last on June 22, ,1.994. I felt privileged to be'selected.chairman, but°, at end, felt more privileged to have served with nine individuals who' were not only bright, but, extremely knowledgeable of,the issues and the substantive as well ' as political information necessary to confront these issues. The " City Commission deserves praise for the quality of this Committee. Y The perspective which dominated the Committee's discussions was the good of the City 'and its citizens. More than once, reference was' made to a current. problem only to be brought back by a Committee member to address not a. current dispute, 'but the overall future of Clearwater. Although there were a few housekeeping/clarification recommendations, most are substantive in nature. Certain threads ran throughout the Committee's discussions: - The council/manager form of City government is, best for Clearwater; - Citizens must be informed in advance of issues to be considered by the Commission to allow a meaningful, opportunity for input. - Clearwater should not be governed by referendum. - As an alternative in decision-making regarding major issues, a "super majority",should be required. - Expenditures of significant monies should occur only after-thorough, discussion, citizen involvement,.expert ;. advice,, if necessary, and, in some cases, referendum approval. <'A1. • i The Honorable Mayor and City Commissioners July ;22, 1994 Page Two - Term limits which allow for more,citizens''to have the privilege of serving as.a,commissioner and which allow fresh ideas to come forth, without forever banning,an' individual from serving again, are good. - A City auditor to act as an independerit arm for the Commission would serve the City,well., Maybe'as important as what we recommend is what'we do•not:, A. The council-manager 'form of government should remain,'. The Committee unanimously rejected-a strong mayor form: The =major' reasons therefor include: - The council-manager form "fits.!" Any problems primarily 'are caused' by individuals ' :. holding the positions,, not the structure, - A council-manager form disperses power. B. At-.large election of the Commission should remain rather Ehan using,single member districts, Reasons therefor.i,nclude': -' At-large elections."hopefully foster City-wide views.. - Bingle'member districts could lead to parochialism and deal making.. ,- Too many districts would need to be created to allow for,-neighborhood or minority representation. There was a great.'deal of sentiment for a system which would foster minority representation, but the size of the City is' not , conducive to.such goal. ., C., - The powers of the mayor, should not be expanded. The City needs a.ceremonial head, but the mayor's vote should not count for more,.. D. .'The mayor should not be selected' by the Commission. Reasons therefor include': - Citizens have the right to elect their mayor. - A good commissioner will not necessarily be a good mayor. ter • ! , r , f .. fis • ria ?; .,• :f .. , .'rs ' •-., tip;.: ' rte 3 - ' ,',• I F.1. . ? ' a tyyyp'?yy •4f ?. ? yy • • f The 'Honorable Mayor and. City Cc July 22, 199,4 Page Three.' ! i . 3ioners ` the'other members of the Commission. Selection by the Commission' could lead to cronyism,and behind.the scenes positioning., ! E. Runoffs for Commission seats should not, be required. Historically, the number of candidates has., riot been significant.- Runoffs require additional expenditure of public dollars. F. An ethics -section and a Citizens' Bill of-Rights were , thought to be repetitive of'exis'ting laws and ordinances. G. No action is recommended regarding a limitation on the ' power of the Commission to trans fer'property or loan money to other political entities, e.g.,, the Community Redevelopment Agency, "whose, board's majority is composed of the City Commission. As to what is recommended, a summary of the 'section by section changes accompanied by rationale therefor are as follows: Section 2.01(a). Composition. Alt'hough' all of the commissioners are elected by a plurality of votes cast, this sentence was added to make this explicit. Section 2.01(d). Limitations. (1) This section has been 'interpreted by previous commissions-and staff as including within the total-indebtedness general obligation bonds.' The Committee believed another interpretation could exclude such 'bonds. The deletion of this language will clarify the answer by simply saying "The total indebtedness." The change from 20% to '15-9 was recommended by the City's Budget Advisory Committee. In light of past history, the recommendation was appropriate. Section. 2.01(d) (2). Purchases above $25,000, not $10',.000, must be approved by the Commission. Reasons therefor include: many, bid items are budgeted; this change would reduce the'number of bads, on'the Commission agenda by at least 50%; placing bid items on the.agenda leads to a lengthy.process where the City misses order ` cut-off dates. and and makes it- difficult for vendors to hold prices. ,l . S'ba1. .i1. 711"?Y3. ? ? fn . a5;r . •?;. The Honorable Mayor and City Commissioners July 22, 1994 Page Four, Section 2:01(d)(3) -Any real property purchased by the city would necessitate an 'appraisal by an independent certified appraiser. A purchase under $2 million would require one appraisal; a purchase over.-$2 million would require.two: The Committee believes strongly that property should not be purchased without an independent appraisal. Section 2.01,(d) (4) . Any non--capitalized, non'-emergency expenditure over $5 million would require a majority. Commission vote in two separate sessions with five days' notice '.prior to ' the second meeting. This provision 'is aimed at attempting to assure public knowledge of major expenditures`which are not budgeted, 1 Section 2.01.(d) (6).. This section -has been renamed "Real Property" and reparagraphed for-clarity. ; a. Property must be declared "surplus" not only t prior to sale or lease, but. donation or an transfer. The form of conveyance should not make a difference. , b. Discussion occurred. regarding requesting.a referendum if property is to be conveyed worth more than. $1 million whether the grantee• is a. governmental unit or not. The Committee recommends , a super majority (80!k) to approve such transfer. The Committee may convey property to a governmental unit for less than'appraised,value, but only 'after approval'by a super majority (80%).• These, changes are recommended because these transers are monetarily significant to the City. f. As to transfer of recreation/open space only after a referendum, the charter's effective date 1 was inserted. To clarify the meaning of-disposed of," the Committee recommends substitution of "sold, leased or conveyed to another entity." g. Leases without a declaration'of property being surplus may be for five' rather than three years. once declared "surplus," property could be leased for,up to' 20 years, rather than 15. These changes ' seemed more appropriate in light of actual operation and allows the Commission some flexibility. l?tP; s? ri+ Yt1 , s ' t toll i 1 , The Honorable Mayor and City Commissioners July 22, 1991 -Page Five The maximum of 20 years would not preclude lease renewal.. Existing language could be interpreted'as' 15 years being the' maximum for a lease without.. renewal being possible. h. For consistency, 119/5ths" would read 1180k.11 ' Numbers and-letters were changed. Section 2,03.'Term limits. Term limits were recommended to allow the possibility of new people with new approaches to come to the'Commission. However,'the recommendation only requires that an individual "sib out" a term.' The recommendation is a.'meshing of- the belief that'a citizen has a right to select his representative and the need to allow newcomers on the Commission. Section 2.04. Compensation and expenses. Any salary increase' would become effective on the date of the next regular election. The potential,delay caused by the six-month waiting period was felt . to be unnecessary: Statutes and a City 'policy exist regarding expense reimbursement.for the Commission. The Committee believes Florida Statutes govern. Although discussion occurred regarding the inclusion of specific salaries for the mayor and commissioners, the.Commi.ttee voted against such inclusion believing, as a.matter of philosophy,' that the Commission should be. the decision maker and specific amounts do not belong in the.charter. Concern also was expressed that a charter amendment on salary could so dominate' the referendum that other significant issues would 'not receive the consideration- they deserve. However, the Committee unanimously recommends that the Commission, adopt the following salaries which were calculated based' on the current salaries adopted in 1980 with a 9% increase per year compounded: Mayor - $2.1,600; Commissioner $18,000. r" Section 2.05. Mayor=,commissioner; functions and powers. The addition of the word, "temporary," clarifies the vice-mayor does not permanently,assume the Mayor's seat upon a,vacancy, temporary or otherwise. Section 2.06. Prohibitions. (c) This change emphasizes the inability of a Commission member to hold more than one public r office. yy c'v. . . The Honorable Mayor, and,City'Commissi.oners July 22,' 1999 Page' Six r Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards. (b) The current charter requires forfeiture of a Commission seat'for'three consecutive, unexcused absences. No provision exists for a number of non'consecutive, unexcused absences.' in light of the increase 'in the number of regular meetings, six was believed to be too few. Section 2.07. (c),Vacancy in commissioner's seat.', The title was changed from "Filling of vacancies." ' r • r 'The Committee believed a vacancy. in the may-or' s seat should be treated-differently because the mayor is and should be elected by the vo, ers,- not selected by the remaining commissioners., (1) A commissioner may be replaced by a majority vote of ; the remaining commissioners. However, it was believed the Commission. must act within 30 days' , " Failure to do so a special election. would require,the, calling of „ (3) "Service" would, be changed to "serve" to- correct a grammatical error.. I Section 2.07(ay. 'A new section is created to specify the vice-mayor-would maintain his seat, but act as mayor.. An elections . would'be held to elect the mayor.'- Section 2.07('f). Advisory boards. In addition to City I: residents;. owners of .property -in the'City.may serve on advisory boards. Such owners would have the City's interest at heart and would open up a valuable source of City volunteers. Section 2.'07 (h) . Regulatory and advisory boards. In appointment of such boards, the diversity of the community should be reflected. Numbers and letters are changed. Section 2.08(a). Meetings. The public should have every . opportunity to know what will be discussed at a Commission meeting. The only exception would be a super majority (80%) emergency vote: . ' t If the mayor or the City Manager can call a special meeting, each individual commissioner.,should also possess. such right., ? r 4 ? ? ? f?Y`• ' ' ? jyj ? ? . CCU The Honorable Mayor and,City Commissioners July 22, 1994 Page Seven Section 2.08(c). Voting. In that other sections other than those mentioned specify action by other than a majority vote of. alb. members, the general reference, "otherwise in 'this chapter, is appropriate. Section, 3 .01. (d) . Acting city manager. The recommendation deletes "By letter, filed with the commission." .This recommendation' actually came from the previous City Attorney who recommended that his absence from the City ought not to be public' ' knowledge. Section 3.03(h).' Powers and duties of the-city,managger. The Committee recognizes the annual 3?year financial forecast has been previously, performed by the City Manager. The Committee concluded f this good'idea ought to be a permanent part of the charter.' Section,4.02. City attorneys legal department. The position. of "paralegal" is added. ,.. Section 4.03(c). City attorney, appointment, removal, qualifications and duties, "Sy letter, filed with the commission", r, `. , is-deleted. '. Section 4.06. City auditor. The city auditor and staff,would be directly accountable to the Commission like the city manager and city attorney.' The existing internal Audit, Department would be ' abolished, The Committee believed placing this function under the. Commission, rather than the City Manager, should foster a greater independence, and also provide the commission with an arm in the development,of a better Clearwater. Section 6.05 Petitions. "Completed" r,,eferendum' petitions would add clarification. "Ninety" days was inserted because 11601t. days,seemed insufficient. Section 7.01(b)(2). Initiation by petition. 120 days was thought to be too restrictive; 150 days is recommended. Section 8.05. Candidate vacancy. This addition is required by state law, the intent of which is to have a candidate to avoid the calling of a special election. Article IX. Fiscal, management procedure. The current section requires an ordinance stating that any revenue bonds over a million' dollars shall go to 'referendum except for revenue ,bonds for public health, safety or•industrial development or refunding, The ° ? U+'?'i- ' v pG 3 1• Honorable Mayor and City Commissioners July 22, 1994 Page Sight proposed change raises the $1 million to $5 million. Alt2zough $20 rni.llion was discussed as a limit, -$5 million was deemed••more appropriate. The public health/safety exception is deleted because the Committee believes the'exception is one that,could easily devour the rule. Such language also creates 'concern invalidation proceedings ' The proposed amendment recognizes the constitutional restraint' 'on general obligation'bonds. With the exception of revenue bonds required.for projects mandated by, legislative fiat and judicial decree or refunding,, -any revenue bond over $5 million must be, approved at referendum. The proposed -amendment also requires that any contract for the acquisition or 'construction of a, project costing, more than $10 million where the funding therefor is from non-ad'valorem sources must be approved by the voters. The concern is ' that over- commitment of non-ad-valorem sources could lead.to.an increase in ad valorem'taxes. Section, 10.05. Schedule. The term limit provided for in Section 2.03 is not. retroactive. As•to each commission seat, the, term limit would become-effective at the next election for that specific seat., one other ,concern brought to the Committee by a citizen is day, .,time meetings, it is suggested, which make it impossible for many working citizens to consider running for acommission seat. The Committee brings this matter to the Commission for its consideration. These recommendations are presented with the unanimous support of'the Com'mit,tee. We stand ready to respond to any questions or. ' comments, The Committee thanks the Commission for.this opportunity.to.. serve the City. For each of us, it has been a splendid experience'. The committee also thanks the City staff for their support and aid, especially Sue Diana,, Assistant City Clerk, whose hard work„ " and knowledge were stellar. , •';_ !.*, f. t• 't. .S".J.y ,'C. ..r d.a .1.'1;I n, i?, i -}.. •x'. ,,, .a + `. F P 7 :5 , , .. 3."f s: {.. .1 {}..v%,'.,fRINaiLi ''k y.; L,i:f lr^. i,,?.'C'lft?` ,f h?' S .; M1S lr?s'+: "t lr.. d, M , , Y..'.. ? m - - . ,• '' ,. i i'• f .,? dt° ,1"_ . ?7? . ,O'' L- .° S f " s 1 " '? •' "1t 3 1?+ F?•t? `,.'1.'3.3•I '' -' - ' - i , ^> [{.. . . I +1"x 3 A;-. ) •d. , r y f I . i . . a • ' • .. r I A . ``E._ {.. V. -"•!'?'}G . , a l .f .. r , i ' i ' it,,•, , ;'' F . 1 't ?r :,! ,. ..1 . ` ' i 1, , . , , • ' ° , '. I I ! 1'?,. 4•' • J. , ?.st,.y?: . 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" ,I ti' -,t . .: { .i., _ V? 1 , f ' ',- "J i. '. . . ' i h ' 1 ,.- , .1 J T ,'.,,t ,r'K ,?. . I,d .. +'•, ' E .t',- 1 ,E 1' • / ' ,.. ,,A " ?.- .. - s<i,. E,f ° '' . F•'Si?vI C ., 1`, - i : '1 , . { ? ^ : - ' , , .. ' vL,t . , a'}'I. ?.. i.S :: k,:le..? }I '? v,:: Ii , 1 •4.:!.'}? A'+Ri i.?: , n ,'a!. .Sti. F-,. .. r:?+! ? . . . . .. ., .1Y ?. r.. .i r?S : 1, ..,. . °.r- ;, _ , ft ,•, , , . 7i li, t. P I S r . ' ,, r + ' , ' at fit' r. , ' 11 " ., . . f 1 y ! ?` . .t , . , , 1' '' i ' j ' i - r , ` ,• .i, y h, . } . t- 1 .. : 1I i•. f ' . :k , . , •, - A? ) '•7}, Fr '" ' . ,, , The 'Honorable Mayor and City Commissioners i { ..I ; ;". .. I. ''? ' - 1.994 I .. . {. .' • , July 2i2 '.. ' '. :} ;r; f:r, ,. ' . I Page Nine: > , r: ' ' t= ' , ' , ,. .. , . . I - ,. '. , " - -,, . • .. 1 , " .l? M 4 : ,: _? ON BEHALF OF THE CHARTER, , REVIEW. 'COMMITTEE : Vice : Cha rman it '' -° ?`I"'' ' . / , . ? ' ' Je r, Lancaster; . Joe Evich , : Anne Garris ' ' I ' `? ' -',' 2 Y ' Kenneth. Hamm ton' Al.. ? w ?' }. ' L ij.ewsk ;:..Curlee Rivers, 'Tony 'Salmon:, ,Karen ':w 'Seel .and Les Smou , : ;; Yf .. Respectfully submi " :,r " .II . tte d, ' ; F;" . , , % ' - : ` fttr , ,- ; Gerald A.. Figurski e :.t ?'u;r: a ? ' ' Chairman" ' `?' e . t , . • . ' `;- ;.?` cc ..City.f Mahage r ' . , , ' ' - "' .. .. ° .: , .. . : r=?Y > . . , . .. , fk r.:.,,, f. :CiyY Attorney.. { t: . . ?',' , . .. t -S. ,. .. ,. i.: 33 , ' , '''.!`:' '. T i i I , 1 , + r. dz lit ,.. ! . '' , • .. 1R ' S. ll .: 111 .. . F. - .. arcc--fix'. '.;.r ".3. r . ' T ' i , . , , .1- ;,' ,. 6: f ' ' f ' 1 ' f1 _ - VV..-;,. r, r . ,. .. . _ . , . 1 e F, r i : , ;, ",".! '' . i •.1-. -.f.x ; . . P ' ? , If if ,F ' 'r `i ,; r • b , yy __ ?,l:° Y:t' Y[ '!S- _ ,. i , f . ' .. , t -. .t •iif, 1 l., ? - , " ,I f , I 1 - - - I il' rK 0' t `•'1 .',r,% I. .1. , . , ' F .r' 'I .t r' - _ r 3 t LL " ' . s .t f.e . f . - .s ! _ - 1.' rt r s r r ' .1' 1 ° ' ?'.{ .7.. f' ' ` 1 ?? ? 1 f r . -i Ft . ; } ^ '' ` I. I P it,ai t 'a • F ! _ • 4 - , tl ' F J 1' , ' ^ ., i"-,{}? q .. , ! . E w?1{• . . , - ,3. k. ? ,j , j ' . ' ' `k1:r^ , 1. ., , _ .. 1 i { .. , }{pis I:rra- `f ' - 1 ' ;! ,,, , I ' r . y . - ' - • f'. f+ I . I , ' , f . , . C , 1' - ' • .. .. . 1 , ,I: `? i'k . , , ' - t i! `} V i r -t• . ii `"'- 1. .' .. , e'. (.' .I 'I t " , r t ' . - - . I i till''.. -: S : Is: 1 ' - _. + Ii ro,:: V , i V • ' : ., . t ' k , ,, t 'L. F: f - 'r. ._ ,•A .. , . f 1 i .. PI' f .;' .. +; 1 7 i , d' -; ' , I '{I . f I - :r I . . ? .. , .l E - [ 1 S t? / 1 - ', - 'q, J*', l•, I.. ;.' ,'f ' ! ' k , 1 . ', .. , Ir• e. 4 . . '} , 1 I I P, • ? k,, ' r + ' ,I f . . 'I trs S` .. ,. P .. 1. " •e d•' I , . t .' • :4N' :. ' r . '1 : , .. .,`. o f , + = r r r ,, L , . < , i - r11 is „ 1`. , ' , „ .I" e r y : ' ' :[ t t, e T . ?. ' . +` '+' Y P •;{:r •'1 ,t. .F ., t , A -'`<f`.; I . + f ' i }' ? ' ' , ? , ," 'e` ; , . n •' y { e I ' t , l 4 Y 1 r ` l . _ .- t : P ;d''t .•1.., f° j,: f.. 1'I' . t 'L,. ',. 1, Y . 1• ..* : T: z1 ,, ,h ' f,., R , a . t d ? t,T'.( f 1'' 1 .'i. `'?" 'S' <.?1'e • i? ¦t }'1' ' •i5 ' . •' , , !, I ?,, , .. . x i• • 1 1 s 1 1w.• S .f - ) R ' ' a ! t 1 J?so\.- ARTICLE I. CORPORATE EXISTENCE'AND POWERS* ---------- ,*State' law reference(s)--Powers generally under home rule, F.S. 166.021.- ---------- Section 1.01. Corporate-existence and,powers. (a) The City of Clearwater, Florida, hereinafter referred,to as city,.as created by Chapter 9710,'Special Laws of Florida, 1923,.as amended, shall exist and continue'as a municipal corporation, shall have all governmental, corporate and- proprietary powers to enable it to conduct municipal.,government', perform municipal functions and render municipal services, and may exercise any power,for municipal purposes ,except when expressly prohibited by law. (b) 'The, city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, by , contract or otherwise, jointly or in cooperation with any one or more states or political subdivisions or agencies thereof, or the .United States or any agency thereof.` .(c) The powers of the city under this charter shall be construed liberally in favor of the city. The city will be ` empowered to-do whatever is necessary and proper for the, safety, health,'convenience and.general welfare of its inhabitants. The specific mention.of a particular'power'in the charter shall not be, construed as limiting in any way the'general power stated in this section of article 1. (d) In,add.ition 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 and otherwise provided'by law. (Ord. No. 4768, 1, 1--19-89/3-14-.89) Section 1.02. Corporate boundaries. The corporate boundaries of the city shall remain fixed and established.as they exist on the date this charter takes effect, provided that the city shall.have the power to change its F'. boundaries in the manner prescribed by law. , (Ord. No. 4768, § 1, 1-19-89/3-14-89) State law reference (s) --Municipal. annexation or contraction, F.S. ch. 171. St: .R i ARTICLE 11. LEGISLATIVE Secti.on.2.01. Commission; composition; powers. (a) Composition.'There shall'be a city commission, hereinafter referred to as the commission, composed of five commissioners, including the mayor-commissioner. The m6mbers 'will °.occupy seats numbered one through five, inclusive. All members sha11,be elected at large by'the qualified voters of the city. The candidate receiving the, largegt_number of votes_ among the candidates for. that seat 'shall be elected. (b) Powers. All legislative power of the city shall,be vested in the commission, except as otherwise provided by law or the provisions of this charter, and the commission shall provide. for the exercise-thereof and for the performance of all duties -and obligations,imposed upon the city by law, (c) Duti'es'.. It shall be the duty of the commission to ' discharge the obligations and responsibilities imposed upon the commission by state'law, city ordinance and.this charter. 1. The commission,shall be responsible for'evaluating the. job' performance of all-their executive-and` administrative appointees,,reporting such evaluation each year'in the month of October to the citizens of the city. The evaluation,process shall be determined by the commission and may be made by the commissioneas a whole, an-independent management consultant., an appointed citizens' committee, or any combination. The. results of the evaluation shall report.the adequacy of,, performancb, recognizing areas of exceptional performance as well as areas of improvable performance. 2: The commission.shall adopt by ordinance a'fiscal management procedure code providing a comprehensive system-of fiscal management. 3. 'The commission shall provide for an annual independent ; audit by a firm of certified public accountants of all city accounts and may provide for more frequent audits if the commission deems',it necessary. No'firm shall be employed'for more than five consecutive years All :audits shall be according-to.the procedures and requirements required by law, (d) Limitations. The legislative power provided herein shall have'the following limitations; 1 .-(a+The total indebtedness, whi:eh-fez th p.?Y" `1 -s-- i atlen shall e I ' . 1 s I 1. .. , en of the city shall not exceed •35 40 ; percent of,the current assessed valuation of a[ll real property'located in the city; and 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. 3 .-4-2+All purchases .in excess of $10,000.00 shall be awarded to the lowest responsive and responsible bidder, ' sealed, competitive bids from selected after receiving no less than three qualified vendors whenever practical: provided, however, that such12urchases.that are in excess of $25,000 shall be awarded by the subjec,t commission. No contract or purchase which is , to the,requirements imposed by this paragraph may be split or-otherwise,awarded in a'cumulative manner. 3 .-E3-}-The ccomit ission'. when purchasing 'rea1 property whose value is less than $2 million dollars shall obtain at ' i i ' least one appraisal by an indepe ndent cert f ed apnraiser. If the value is in-excess of. $2 million, . the commissi n'shall obtain?at least two appraisals by. independent certified appraisers- Lon-capitalized and non-emergency expenditures in excess of 5 million must be approved b a majority vote of the commission in two'se-oarate sessions held'at least tWo weeks apart and an advertised notice of'a public-,hearing must be given at least five days'prior to the second session. ' S.4S+With the exception of maintenance or emergency.' dredging,'and dredging'related to that portion of Dunedin Pass located within the boundaries of the city, ' permits.for dredging or filling in excess of 4,000 ' cubic yards below the•mean high water line may be authorized only after properly advertised public hearings before the commission and approval-.at referendum. .6.-{-6-Real property. _-_y : Prior,to the sale donation or CaL Guepl_s , _ other transfer, or to the lease for a term longer than' five-? years of any municipal real property, the real property must be declared surplus and no longer needed for municipal public,use by the commission at an advertised public.hearing. Gxeep?z i-n?t-he ease of L=Ight .? F To; a easements er- 4 vansaetiens with .= Ana C l' entities ^Tas de ?eribed her-ein, fa real pyepe??-maw g en aiha-?- - ip:t-allfled Yeteve ef the eity at , r - S 3 1 1 , r F , • 1 i I e t•Y s3 ./Leri? r . i t -eemp -bid abeie the the highest' ve & z?a s aloe, e-xeept where t-ha--real _.-_r___ prapese=d `. _- be transEerred-ee anet entity ' Surplus real property may be-transferred to another, governmental entity for less than,the'appraised value... Now subsection (d).. r (b in the event the fair market value of a parcel of municipal real property is in excess of one million dollars as declared by-the commission based on'' appraised value, no such real Property, includincr but not limited-to a_transfer to another governmental entity, may be conveyed---without- an affi,rmati've 'vote Qf• . AO percent-off,-the- members of the commission. :• {c)•Sur lus real property sold to a.non- overnmental 'individual or entity is to be sold at the-_ highest competitive bid above the appraised value-.' ; Surplus real property maybe transferred to another. governmental entity for. Iess than the appraised value after an advertised public hearing has been held and a f finding by,the commission of a valid public purpose for. the transfer:' Such transfer must- be' aPProved by an• affirmative vote of 80--percent-of the commission members •LeL Surplus real property may be exchanged for other " real property having a comparable appraised value, M No municipally owned-real property as of the?ate ' se' ehavte beeemess-of€eetive, identified as,. the revi recreation/open space on the city's comprehensive land use plan map as said plan existed on November 1,_197L_ (or as may be added to' hereafter) , may be sold,- leased, or cgnveyed to another entity 'dcrcc_a $€ without prior approval of the qualified voters at referendum, except when the commission determines.it'is appropriate to dedicate right-of-way from properties identified as recreation/open space. t leaser-e€- real- zj- The commission has the power to lease municipal real property for-five twee years or less without declaring it surplus. municipal property,declared surplus may be leased for a maximum- of 20 -1-5 years'. provided, however, nothing herein sha.11 preclude renewal'of any lease. Right-of7way,or easements. Enow subsection 7'.) 4 IA: ., . S hl l , , ? .• ,.y r... , jf 1 ,` .i 1 i?? vlr 1i?- ' 4 "1, I r r a 1 ' i" I Leases of real property. [now' subsection (g) FF'' (h) Industrial park property.may be leased up to 30 years with an affirmative vote of 80 percent fbu-r- ' f-ifbh of the commission after a duly advertised public . . .',E hearing'and maybe leased for a period of time exceeding 30 years if approved,at referendum. Leases of real property in an industrial park shall provide for continual use-for private business'purposes and shall provide a reasonable rate of return on the city's 'investment, including a rent escalation clause.. lai All.leases of municipal,real property shall contain recapture-and reverter clauses. ' •. .-?-Right,-'of-way easements. No right-of-way or easement, 7 _ terminates,at, or,provides access to', the water's which , edge,of either a body of salt water or a body of fresh.' water may be'vacated for the benefit of private individuals.-Nothing contained in this,paragraph,shall prevent'an easement for utility purposes from"being ' or exchanged for a new easement for similar purposes' from converting a fee interest for utility purposes into an-easement for such..purposes. 8.-{S+No municipal or other public real, property lying west of'•Osceola.'Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described as:- That portion of city-owned land bounded on the.north by. the right-of-way of Drew Street, on the east by the right-of-way of Osceola Avenue, on the south of the right-of-way of Pierce Street, and on the west by the waters of Clearwater Harbor, lying below the 28 mean sea level,elevation, together with the following described tract: Beginning at the northeasE corner of section 16, township 29'south, range 15 east, Pinellas County, Florida,,and•run thence west along the north line of said section, 1320.0 feet;' thence south along'. the west line of the east one-half of the northeast. 'one-quarter of said section 16, 1526.16 feet to an ; intersection with an easterly 'projection of the a 89°45'00" W centerline of Pierce Street; thence south .. -along the centerline. of, Pierce Street, 418 feet to 'an iron stake set in,a projection of the west line of 'Osceola Avenue-as extended across Pierce Street; thence south 20 feet'along this projection of the southwest corner of the intersection of-Pierce,Street.and Osceola Avenue; thence south 88018'142" W along the'south;line of.Pierce Street, 375 feet to the point of beginning; r thence continue south 88018142" W, 270.89.feet along said south line of'Pierce Street to the east right-of-.. ' el ?.r y way line of Pierce Boulevard; thence south 19024139"', east along.aforesaid east right-of-way along'a curve to the right, chord 157.24 feet, arc, 157:41 feet, radius 980 feet; thence north 88018146" east, 120.42 feet; thence north 0°14132".west, 50 feet; thence north B8018142", 100 feet; thence north 0°14132" west, 99.80 feet to',the point of beginning less and except that, portion'of the above'described tract designated for the Bandshell Site; and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more'particularly described as: l That- portion of Memorial Causeway (S.R. 60) a 120.0.-foot-wide right-of-way, lying between the east abutment of the•west,bridge and the east lane of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbe'rs 17,500 and 17,502, shall be deyeloped'or'maintained'other than as open ' space and' public utilities •together'with as'soci.ated. appurtenances,'except upon a finding by the commission at a duly'adverrised 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 a'referendum, conducted subsequent to the public hearing. However,,ciry-owned tennis courts and associated appurtenances may be constructed and maintained on such property south of- Cleveland Street. '(Ord., No. 2905, § 1, 1.2-17-82/2-8--83; Ord. No. 3825, •§ 1, 12-20- 84/2•-12-85;' Ord.- No. 4766, § 1, 1--19-89/3-14--89; Ord.. No. 5161, § 1j 1-2--92/3-10792) Section 2.02. Qualifications. The members of the commission shall be qualified voters of the city and' shall have continuously resided in the' city -for at . least one year prior to submitting:a petition for election: The . commission shall'be'the judge-of the election and the other qualifications 'of its members and of,,the.grounds for forfeiture of their office. (Ord.- No. 4768,• § 1,. 1-19-89/3-14-89)'' Section 2.03. Election and terms. All commissioners, including the mayor-commissioner, shall be' elected for terms of three years. Terms shall overlap, with , 6 D?r f. 1 4, ; j' ?'• 9tt, vr4? 1Fpr ! i:,'1 the mayor-commissioner and two commissioners elected one year, and the additional two commissioners-elected the following year. No person shall serve more than six consecutive-years-as a city commissioner after which such person shall not hold any city commission seat, other than mayour-commissioner, ' for a minimum of three years. No person shall serve more than six consecutive years as mayor-commissioner after which such person shall not serve as mayor-commissioner or hold any city commission seat for a minimum of three years -Newly elected commissioners shall take office and be sworn in on the first Thursday, in April. (Ord. No. 3825, 9 2, 12-20,-84/2-12-85; Ord. No. 4768, 1, 1-19- °. . ' 69/3-14-89) ' Section 2.04. Compensation and expenses. The commission may determine the annual salary of commissioners and the mayor-commissioner by ordinance, but the n•e" ordinance increasing'such salary shall not become effective until' the date° of eemmen;eement ei tie--t?r-mS of ee.m.---ieneL=s sleeted at the next regular election pr-evided that: e e ee l fie' , e yepIlenef--sueh 'eyed-inanee by at=- l-easti^_-mete. Commissioners shall receive•their actual and necessary expenses incurred in the performance of their duties of office pursuant to Florida Statutes. •r Section 2.05. Mayor-commissioner, functions and powers. The-mayor-commissioner shall•'preside at all meetings of the commission, perform such other duties"consistent with the office as may be imposed by the commission and this charter and shall have a voice.and a vote in the proceedings•of the commission, but no veto power. The mayor-commissioner may use.the title of mayor in any case in which the execution of legal instruments in writing.or other necessity arising from the general laws of .the State of Florida,•the statutes or executive orders of the government of,the United States, or this charter.so require; but this'shall not be considered as conferring upon the mayor- commissioner administrative duties except as required to carry out the responsibilities stated-in this charter. The'mayor- commissioner shall be recognized as the official head of the city by the courts for the service of process, by'the governor for purposes of military law, and for all ceremonial.purposes. At'the second commission meeting in April of each year, the commission shall elect one of its members as vice-mayor. The'' vice-mayor shall act,as mayor-commissioner during the temporary 7 .I < A. • absence or inability of the mayor-commissione'r,-to perform'the duties of the office of the mayor. (Ord. No. 4769, § 1, 1-19-89/3-14-89) section 2.0S.'Prohibitions.. (a) Appointments and removals. Neither the commission nor any of its' members shall in any manner dictate the appointment or removal of any city administrative officers •or employees whom the city manager or any of the city manager's subordinates are empowered to,appoint. (b),Except for the purpose of inquiries and investigations, the commission or its members-shall deal with city officers and employees who are subject to the direction and,supervi'sion of the City manager solely through the city manager,- and neither the commission nor its members shall give orders to any such officer or employee, either publicly or privately. It is the express intent of this charter that recommendations for'improvement in city operations by individual commissioners be made to and through the city manager. Nothing in the foregoing paragraph is to be construed to,, prohibit'ndividual members of the commission'from closely scrutinizing by questions`and personal, observations' all aspects of city operations so as to. obtain independent information to' assist the members of the commission in the formulation-of sound policy. (c) Hol8ing other office. No present or former commissioner shall hold any compensated appointive city office or employment until one year after the'expiration of the term for which such commissioner'was elected. No commission members shall hold any other elected public office during the term for which the member was elected to „the commission. (Ord.-No. 4768, 1, 1-19-89/3-14-89) Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards. (a) Vacancies. The office of acommissioner shall become vacant upon the death, resignation or removal'f rom office in any manner authorized or required by, law or, forfeiture of the office,, such forfeiture to be declared by the remaining members of the commission.. (b) Forfeiture of office. A commission member shall'forfeit such of f ice it such member } r t 'k Fe,3, ' 1y5 ,f' '?ki r : , ?. fa? EgyYarg •s '? . y` k ??14• .°' ?;. k. ` it f I.. Lacks at any time during,the term of such office any qualification for the office prescribed by-this charter or-by law, or 2. is convicted'of a felony or a crime involving moral turpitude,'or .3. Fails to attend three consecutive regular meetings of ' the commission, unless-such absence is excused by the commission, or 4. Fails to attend-33 percent of the regular s___ °-egu e_ . meetings during a 12-month period whether excused or not. (c) Vacancy in commissioner's seat T_"__ = F _ a__ ____ . 1., A vacancy in the commission, other than mamor- commissibner'_ shall be filled filed by majority vote of the remaining commission members within 30 days of,-the vacancy and the person so'appointed shall serve as' commission member until the next regular or,special. election. 2. If the commission fails to fill such vacancy _within 3 0' 1 days after it-'occurs'. and if no regular'or special city i election will be held-within 90 days after it occurs, then a special election shall be called, no less than 90 days, nor more than 120 days after the vacancy occurred, to fill the unexpired term. 3. At the next regular or special election a special ballot.shall be voted to elect a commission member to serve serviee for the remainder of the unexpired term ;.,.° of the office filled by vote of the-commission. •4. Any person appointed to fill such a vacancy shall possess all the qualifications required of a commission member by this charter and by law. (This paragraph precedes subsection (3.) in the current charter.) T (d) i. Vacancy -in mayor's seat.If a vacancy occurs in the office of seat but is to be mayor, the vice-mayor will maintain his/her commission will act as mayor.. If no regular or special election, held within 90 days after such vacancy to--fill the- unexpired term of mayor-commissioner,_ then as__peci_al_ election shall be called, no less than 90 days nor more than 120 days, after'the vacancy occurred, to fill the unexpired term. -(-?- -xtraordinary vacancies: In the event that all ,'commission members are removed by death, disability, or' forfeiture of office, the governor shall appoint an interim 9 s` • _ i r y commission. 'that shall call a special election to beheld wi.thin 90 days of the.occurrence of the vacancies and such election shall be'done 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. 4-e•4-.E• Advisory boards. The commission may at any time appoint'an advisory board(s) composed of residents of the city,- and/or individual owners of ro ert within the city limits ,.qualified to act in an-advisory capacity'to the,commis sion. An , ''advisory board'' shall mean any board, group, committee or commission whose powers, jurisdiction and authority are solely advisory and do not include the final determination or • adjudication of,any personal or property rights, duties or obligations. The members of such-board(s) shall serve without compensation'for the time fixed in their'appointment, or at the pleasure of the commission and their duties shall be to consult and.advise.with such municipal officers'and make written .'.recommendations which shall become part of the records of the city. All•meetings shall be public. -+f+LgZ Regulatory boards. The commission is empowered to. appoint regulatory board(s) as may be established by-law. h Re ulator. and advisor boards. • Where possible, boards so a ointed will reflect the diversity of the communiLy. (Ord. No. 3825, 3,,12-20-84/2-12-85; Ord. No. 4768, § 1, 1-19- 89/3-?14-89) Section 2.0B! Procedure. (a) Meetings. The commission'shall meet regularly at least once in every month at such times and places as the commission may prescribe by rule. A.written agenda for an regular meeti.n shall'be available to the ublic no,later than 72'hours rior to the scheduled commencement of such meetin rovided however an item s ma .be added thereafter to any agenda-upon a'declarat-io of 'emergdncy by an affirmative vote of-So percent of the commission members.` Special meetings may be held on call,bf the mayor-commissioner, the.city manager, or any twe commissioners; and,•whenever practicable, upon no less than 24-hours' notice to each member and the public. All meetings'shall be public. The city manager and any commissioner shall have the power to cause any item to be'placed on the next compiled agenda. 10 iA' v-t t'. f y.'Fy (b) Rules and journal. The commission shall determine its own rules and order of business. The,city .clerk . shall. keep a journal of the commission proceedings. (c) Voting. Voting on ordinances and resolutions shall be.by roll call and shall be recorded in the journal. A ,majority-of the commission shall constitute a quorum;-but'a smaller number may adjourn from time to time-and may',compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the commission.' .,Except as provided i-H?ce iez°2.G:7(-e. -soe? .3.02 and' the pr-eeeding , otherwise.-in this charter, no action shall be valid or binding unless adopted by the affirmative vote, of the.majority of all commission members. (Ord. No. 4768, 9, 1, 1-19-89/3--14-89) Section 2.09. Ordinances and resolutions in general. (a) Definitions. ''Ordinance'' means an official, legislative action of the 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 commission concerning matters of administration, an'expression,of a temporary character, or a provision for the- disposition of a particular item of the business,of the commission. (b) Form. Each ordinance or resolution shall be introduced in writing and 'shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in-the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended action, section, s'ubsecti.on,,or paragraph of a section'or subsection., (c) Procedure. A proposed ordinance shall be read by title, or, in full, on'at least two separate days, at either regular or -special-meetings of the commission, and shall., at least ten days prior to adoption; be noticed<.once•,in a newspaper of general „ circulation in the city. The'notice of proposed enactment shall state the date,L'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. ' j„ •• r_ + h{y. ry .1 1' , t: ,s kl ?r . 7r . 1 , (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,itn introduction if it contains'adeclaration describing in clear and specific terms the facts a'n'd,- reasons constituting the emergency and receives the vote of at least two-thirds of the commission, members. An emergency ordinance shall'reinain effective as an ordinance for a period of < 90 days,and shall-automatically expire at the end of such 90-day period'unless,during the time of such period the ordinance is submitted for adoption in the manner 'provided for nonemergency 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; authorizelthe borrowing of money; enact or amend a land use' plan; or-rezone, private reap property. Emergency ordinances'.shall become effective' upon passing or-at such other..date' as,shall be specified in the ordinance.' (Ord. No. 3B25,,§ 4, 12-20-84/2-12-85; Ord. No. 4768, 9 1., 1-19- 89/3-14-89) State law reference(s)--Minimum procedural requirements for adoption,of ordinances and resolutions, F.S. § 166,041. Section 2.10. Authentication, recording and disposition of .charter amendments, ordinances and resolutions. (a) Authentication. 'The mayor.-commissioner and ,the city, clerk shall.authenticate by their signatures all ordinances and resolutions adopted by the commission. In addition, when charter amendments have been approved by the qualified voters, the mayor-> commissioners and,'the.city clerk shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the charter amendment by the qualified voters, (b) 'Recording. The city clerk shall keep, properly indexed t' books and/or microfilm records in which shall be recorded,,in full, all ordinances and resolutions passed by the commission'. Ordinances shall be periodically codified. The city clerk shall. also maintain the city charter in current form and shall enter all charter amendments and send a copy of the revised charter Y incorporating,amendments to the secretary of state's-office., 12 f fir'>? '?'•? {p 2 t :Sri;..>. , > ! r r t i r (c) Printing. The commission shall, by ordinance, establish procedures for. making all resolutions, ordinances, technical =., codes adopted by reference, and this charter available, to the people'of'the;city for.public inspection and available for purchase at a reasonable price'to cover the cost of reproduction. (Ord. No. 3825, 9-5,12-20-84/.2-12-85; Ord. No. 4766, 9'1, 1-;19- 89/3-14-89) ARTICLE III. ADMINISTRATIVE* 4 ` r ' r • } - ' --------•-- *Code reference--Officers and employees, generally, 9 2.261'. et' seq. Section' 3.01. City manages.,, ! There shall-be a city manager to serve as the chief administrative officer and chief executive officer of the city. The city manager shall be appointed on the basis of ' city administrative qualifications, experience and training. The manager,need not be a resident of the'city or state at the time of,'appointment,^ but shall establish residency within the city within one year of the appointment..The.city manager shall-be responsible to the commission for the administration of all city affairs placed in his or her charge by or under this charter (Ord. No. 4768, § 1,,1'-19-89/3-14-89) .,; Section 3:02.'Appointment; removal; compensation.' (a) Appointment. The commission shall appoint a city manager i by an affirmative vote of four commission members.'The-city manager shall hold office at the pleasure of the commission'. (b) Removal.-The commission may remove the city manager-by an affirmative vote of four commission members or by a majority of the commission members voting for removal 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 r the city manager. (c) Compensation, The compensation of the city manager shall be'fixed by a.majority (of] all the commission members.,' (d) Acting czty manager. By ____ , _____- tz 7A , h tThe 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. The aforementioned designation.shall be t. 13 7 J limited- to a period of. 60 days. At the expiration of 'this time, ' the comm ission shall'appoint,an'interim or new city manager in accordan ce with the provisions of the charter. (Ord,. No . 3825, 6, 12-20-84/2-12-85; Ord.' No, 4768, § 1; 1-19- 89/3-14- 89) :. Section 3.03. Powers and duties of the city manager. ' The city manager shall: " (a) Appoint and "when the city manager deems it necessary ' for the good of the city, suspend, demote or remove any' city employees or appointive-administrative officers under°the city manager's jurisdiction provided for or under this charter, except as otherwSse provided by r. -'law': Such'appointment, suspension, demotion or-removal- shall be,in compliance with the civil service law and all applicable rules'and'regulations of the'C'ity. (b) Establish or discontinue any department, division or , ' board, in the administrative affairs'. of.the, city, subject,to commission,approval. '(c) Attend commission meetings and shall have the right to take part in, discussion•but may not vote.. ' (d) See that all laws, provisions of this charter and acts of the commission which are subject to enforcement by .the city manager or by officers subject to the city' manager's direction and supervision are faithfully executed. (e) Prepare,and submit to the commission in the form ; provided by ordinance, the annual budget,'a capital improvement budget, ,and a'projected capital improvement program `for a minimum , five--year period, r Submit to the commission and make available to the public a comprehensive report on the finance and administrative activities of the city as of the end'of the fiscal year. In addition to the comprehensive ` report,, the city manager shall'submit a quarterly f inaneial' report (g) Make such other reports'as the commission may require concerning the operations of city departments; offices and agencies subject to the city manager's-direction and supervision.' 14 s ?ri? i Z ti 4? i, ?r ?,'iV'?k?Cir' er ? *? tt;.F "5`i ;i •? . f I}1 1 * kd?V? rd• Yl •'1.? f 1 A V ??-"' Y . . •r . -I S° i ,. ?' s a 1, 1 , (c) Be custodian of the official seal of the city; (d) Arrange for and supervise all city'elections; (e) Attend all meetings of-the commission and keep'a journal of its proceedings; (f) Give notice of commission meetings to its members and 'the public; (g} Perform'such other duties as directed or required-by, law. (Ord. No. 3825, § 8, 12-20-84/2-12-85; Ord. No.'4768, § 1, 1=19- 89/3'•-'14-89) Section 4.02. City attorney, legal department. There shall be a legal department, headed by the'city attorney,'operat'ing under the authority of, and responsible to the ; commission. The legal department shall consist of the city attorney, assistant city attorneys, when appointed and authorized', by the commission," and such. araTe al secretarial,'stenographic and clerical personnel as the commission may direct. :(Ord. No... 4768, §,1, 1-19-89/3-14-89) Section 4.03. City attorney, appointment, removal, qualifications and duties. (a)-The,city attorney shall be-appointed by the affirmative vote,of four commission members and may be removed by a majority of the members of the commission members voting for removal. Upon` request by 't'he-city attorney a public hearing will be held prior 'to a vote to remove the city'attorney. The city attorney shall be a'qualified attorney at law, admitted'and currently eligible to, practice before- a.11 of the courts of the State of ,Florida and the appropriate U.S. District.Court; and shall be a member in good standing' of the' "Florida Bar. (b) Duties. The.city attorney shall act'as the legal advisor to,the,commission, the city manager and all city departments, t ; offices and agencies.' When required to do so by the city, commission, the city attorney shall prosecute'or defend, on behalf of the city, all complaints, suits-and controversies. in which-the city is •a part y; and shall prepare or review and .approve as to form and legal sufficiency all contracts, bonds and E other instruments to which the,city is a party. The city attorney shall perform such other,duties as may be directed by the city commission or the laws of Florida. 16 ?? 1• u., ; bit 5•tia .11 •? , k 4I7fsi :,s ?.'. -VO 1 1 , (h) Keep the commission fully advised.as to the financial'' , condition and future needs of the city, annually provide a•3-year,_fi,nancial forecast, -and make.such recommendations to the commission concerning the affairs of the city as the, city manager deems desirable. .`U) Sign contracts on behalf of the city pursuant to the ; provisions of appropriations ordinances.' (j). 'Develop and keep current an administrative code which shall-set forth the organizational and operational procedures of the city government. (k) Provide such administrative assistance to the, A commission in connection with their Official duties,, , and perform such other duties as,rare specified in this charter or may be required by the commission. (1) -Act as purchasing agent for the city. (Ord. ' No. 3825,. §'7,'12-20-84/2-12-85; Ord. No. 4768, § 1, 1-1 9- , -89) 89/3-14 'Section 3`.04. Personnel system. `• Appointments ana 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 j. examination or other evidence of competence as provided by law.. ARTICLE IV. CITY CLERK; CITY ATTORNEY; LEGAL DEPARTMENT*, 1 , *Code reference--Officers and employees generally, § 2.261 et. seq. ;,. Section 4.01. City clerk. The, city manager, shall appoint,a city clerk, which appointment must be confirmed by;the commission prior to becoming effective. The city clerk-or the official representative of the city clerk shall: ?(a) Be custodian of all records, documents and papers of the 'city;. (b) Attest all documents, contracts' and agreements' to which the city,is a party; .. t' i c sf4 r . CI t ° '' r r i •. l S .. is .f •J r , f , r - `, ! .. ,i .?iL ' J t (c) -By .'Iet` lled with the n-; The. city attorney ' shall designate one or more assistant'city attorneys to perform' the duties of city attorney during his temporary absence or disability. The aforerr:entioneddesignation' shall be limited to a " period of 60 days. At the expiration of this-time, the commission . 'shall appoint an interim or new city attorney in accordance with :.: the provisions of the charter. (Ord. No. 3825, § 9, 12=20-,84/2-12-85; Ord. No. ,4768,' § 1,. 1-19- 89/3-14-89) Section 4.04. Assistant city attorneys, special counsel'. (a) The city attorney shall appoint as many assistant city attorneys' as authorized by the city commission. , (b) The commission, when it shall deem'itappropriate , may r . employ special counsel','outside of the legal department, who shall conduct. such investigations and perform such services as the commission may direct,and who shall report directly to the` commission. (Ord. No. 4768, § 1, 1-19-89/3--14--69) Section 4.05. Compensation. ; The' commission shall fix and provide for the compensation to be paid to.the city attorney and special counsel. (Ord.' No. 4768, § 1, 1-19-89/3--14-89) 'Secti.on 06 City auditor. s The commission shall appoint a city auditor who'shall serve .. aL_ the-direction and will of the commission.- The_- city--auditor's duties shall include but not be limited to: a) compliance audits;- j Ab.L.-operational efficiency audits; 4 ' 1. r J (c) reviews of city plans, procedures- operations and,. , related internal controls: and t' (d) =recommendations for, change and improvement,.' All reports of the. city auditor' shall' be filed in the office of .;the city clerk 1.7 -I ??4{:"•• ,;Ali' .-J ?S Y Y. ,``Y? ?? f • ' !, • . ' 3 . r , ' •'/tip( ARTICLE V. PLANNING AND ZONING* *Code reference--Land development code,' part TI, subpart B; ' zoning, ch. 40: ---------- . ' [Section '5 . Ol . 'Regula'tion . ] The commission is authorized to regulate the comprehensive. planning'and.zoning of the city and regulate land development in ;. the manner provided by law: (Ord. No., 4766, § 1, 1'-19-'89/3-14-89) r ARTICLE VI. INITIATIVE, REFERENDUM; RECALL*' *Code reference--Elections, ch. 14. Section 6.01. Initiative: r The qualified voters of'the city,shall have power to propose ' ordinances 'to the commission, and, if the commission fails t,o } . . ° adopt an ordinance so proposed without any change iii substance, '' ' ,to adopt. 'or reject it at a city 'election, provided that such ; -T 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'qualified voters-of the City shall.have,power to require a reconsideration.by the commission of any adopted ordinance and, if'.the commission` fails to repeal an ordinance so reconsidered, to approve or reject it at a city election; provided that such power shall not extend to the budget or,capi'tal program or 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 qualified voters-of the, city shah. have the power to recall or remove from office any elected-official or officials of. ; the city, for the reasons and-in the.manner set forth in the General'. Laws of the State of ,Florida, and :more. particularly r section 100.361,, , Florida° Statutes [F.S. 100.3611'1 'including any amendments thereto. (Orin,. 'No. `4768,. 9 1, 1-19-89/3-'14-89) ' 18 +t• }LF i ? irr r ?? t•S r Section 6.04. Commencement,of proceedings. Any,xfi,ve qualified voters, may commence initiative or + referendum proceedings by filing with the city clerk or. other official designated by-the commission an affidavit'stating they, will constitute the petitioner's committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to'which.all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to,be reconsidered. Promptly after the affidavit of the petitioner-'s committee isrfiled , the clerk or other official designated by the commission shall atrthe committee's request issue-the appropriate petition blanks to the petitioner's-committee at the committee,'s expense. (Ord. No. .4768, 1,'1-19-89/3-14-69) Section 6.05. Petitions. (a) Number of 'signatures. Initiative or referendum petitions must.be„signed by qualified voters of the city'equal'in number to at' least . ten ,percent of the total number of qualified 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 thee'' person signing. Petitions shall contain or have attached thereto throughout'their circulation the full text.ot 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 ?G-G days after the effective date of the ordinance sought to be reconsidered. 19 ?r ?: Section 6.06. Procedure to-filing. (a) Cert.i•ficate of city clerk, amendment. Within 20 days after the•initia,tive or referendum petition is filed, the city clerk or other official designated by the commission shall' complete'a certificate as to its sufficiency,-specifyin', if-it is in the particulars wherein it is"defective 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. A petition certified insufficient for lack.of the required.number,of valid signatures,' may be amended once if the petitioner's committee files a notice of 'intention to amend it with the city clerk or other official designated by the commission within two working days after receiving the copy of the cit}, clerk's certificates and files a supplementary petition upon additional papers. Within ten day's after receiving the'copy of such certificate.'Such supplementary ; petition shall. 'comply with the requirements of subsections (b) and (c), of section 6.05 and within five days after it is filed the city clerk or other official designated by,•the 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 rinsufficient, or if a petition or'amended petition is certified insufficient and the petitioner's committee does not elect to amend or request commission review under subsection (b) of this section within the time required, the city clerk or other official designated by the commission shall promptly present his- certificate to the commission and the certificate shall then be a final determination as to the sufficiency'of the petition., (b) 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 commission. The commission shall within 30 days review and approve or disapprove it, and the, commission's determination shall.then be a'final determination as to the sufficiency of the petition. ,(Ord. No. 3825,' 10, 12-20-84/2-12-85, Ord. No. 4768, § 1, 1=19' 89/3-14-89) Section 6.07. Referendum petitions; suspension of effect of ordinance.. f When a referendum petition is filed with the city clerk or other official designated by the commission, the ordinance sought to, be reconsidered shall, be suspended from.taking effect. Such suspension shall terminate when: 20 1,-There'is a final determination of insufficiency of the t petition, or 2. The petitionerls'committee withdraws the petition, or. 3. The commission repeals the ordinance, or ' 4. Tabulation of the ballots cast by the qualified voters of the city on the ordinance has-been certified. (Ord. No: 3825, 9 11, 12-20-84/2-12-85; Ord. No'., 4758, 1, 1-19- 89/3-.14-89) Section 6.08. Actiion on petitions. (a) Action by commission. When an initiative or referendum petition has been finally determined sufficient, :the commission shall'promptly.consider the proposed initiative ordinance in'the manner provided in article 11 or reconsider the referred ordinance by voting its repeal If the commission fails to'adopt a proposed initiative ordinance without any change in substance within-60 days or fails to repeal the referred.ordinance within'' 30 days after the date the petition was finalrly-determined sufficient', it shall submit the proposed or referred'ordinance'to the qualified voters of the city. (b) Submission to'qualified voters. The vote of the city on a proposed or referred, ordinance shall be held not less than 90 days and 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. commission shall provide for a special election; otherwise,'the vote shall be held at the same time as such regular election, except that the commission may in its discretion provide for a special election at an earlier date within the prescribed period, Copies of the,proposed or referred ordinance shall be made available at the polls., (c) IVithdrawal of'petitions. An initiative or referendum petition may be withdrawn at any time prior to the.15th,day preceding the day scheduled for a vote of the city by.filing with ;,'• the city clerk,or other official designated by-the commission a request for withdrawal signed,by at least four'members of:.the petitioner's committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be'terminated. (Ord. No. 47dB, 1, 1-19-.89/3-14-89) 21 Section 6.09. Results of election. (a)'Initiati,ve. If a majority of the qualified voters voting on a proposed initiative ordinance vote-in its favor, it shall'be. considered adopted upon certification of the election results'arid shall be treated in all respects in'the same manner as an ordinance of the same kind adopted by the comm,iss'ion.. If ` conflicting ordinances ' are approved '.at' the same.election, the `one receiving the greatest number of affirmative votes shall pievail• to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against the referred ordinance, it shall be considered repealed upon certification of the election results. (Ord. No. 3825, § 12, 12-20•-84/2-12-85; Ord. Na. 4768, 5 11 L-19? , '89/3-14-89') ARTICLE VII. GENERAL PROVISIONS Section 7.01. Charter amendment. ?. (a) Ini tia Lion by ordinance. In addition, to charter" r ` °> amendments otherwise • authorized by law, ,the commission may, by - ordinance,, propose amendments to any part or' all of. this chart'er, except article I, section 1.02, prescribing'boundaries, and upon' passage of the initiating'ordinance shall place the proposed amendment.to a'vote at the next general election held within the city or at a special election'called for such purpose.'. (b) Ini tia tion by pet.i Lion. 1. The qualified voters of the city may propose amendments to this charter, except article I, section 1-.02, prescribing boundaries, in the manner set forth in article VI, section 6.05(a)--(c). 2. Upon certification'of the sufficiency of the petition by the city clerk', the commission shall place the vote of the qualified voters at proposed amendment to'a , the. next general or special election-held not less"than 90 days nor more than 150 3-2-9 days after' certification. (Ord'. No. 3825, § 13, 12-20--84/2-12--85;. Ord. No. 476.8, 9 1,' 1-19- 89/3-14--89) State law reference(s)--Charter amendments, F.S. §..166.031. Section 7.02. Chanter review advisory committee.' The commission shall appoint a charter review advisory 22 J}, SPA.. .. I t f : `'f committee in January, 1994, and at least every five years thereafter provided the appointments are made in January of'a' year. preceding a'city election. The charter review advisory committee' shall be composed of not, less than ten members and'it shall review the existing charter and make recommendations tor•the commission for revisions thereto: I (Ord. No. 3825, 14, 12-20=84/2-12-85; Ord. No. 4768, 1, 1-?9- I ' , ARTICLE VIII. NOMINATIONS AND'ELECTIOXS* *Code reference--Elections, ch. 14. State law reference(s)--Electors and elections,' F.S. tit-. ' Ix. -'°---'-----_ Section 8.01..'Qualified voters. ..'Any person who is a resident of the City of Clearwater who has' qualified as a voter of the State of Florida, and the,County of Pinellas,.and who registers in the procedural manner prescribed by the General Laws of Florida :and the ordinances of the city, shall be;a qualified voter of the city. (Ord. .No,. 4768, q 1, 1.-19-89/3-14-89) Section 8.02. Nonpartisan elections. All nominations and 'elections for commission shall be ,.; conducted on a nonpartisan basis and without regard for or, designation•of.political party affiliation of any nominee on any nomination petition or ballot. ,'• (Ord. No. 4768, § 1, 1-19-89/3-14-89) <, Section 8:03. Form of ballots. ,. The commission shall, by ordinance, prescribe the form of ; the ballot arid,the method and manner of holding and-the conduct' of all elections of the city. (a)'.Commission ballots. Candidates for seats on the commission shall be grouped according to the seat number for- ` which they are candidates. Within these g'roups,,names shall'be ; placed on the ballot alphabetically. No candidate may seek' election to more than, one,seat in any given election. (b) Charter amendment. A charter amendment to be voted on by the'qualified voters of the city shall be presented for voting 23 r•4 r r • 14 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 sufficient blank space thereafter for the placing of the symbol to indicate the voter's choice or if voting machines are used, the question shall be placed-so as to indicate to the elector which lever or punch hole is used,in order to cast a vote for or against (Ord. No. 3825, 15,'12-20-84/2-.12-85; Ord. No. 4768, 9 ,1.,'.1-19- 89/3-14 89) Section 8.04. Nominations. The names of candidates for commission.shall be placed upon the election ballot'by-filing of a written notice of candidacy F. 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 qualified. voters. The qualifying fee and petition cards are to be received by the city clerk not more than GO days nor less than 46 days prior, s' 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 qualified voter of the,city and has-been a resident of said city continuously for at least one year immediately prior to the filing of the notice of candidacy. Where only one candidate qualifies for nomination to a seat on the " commission, then no general election shall be held with respect to the seat and'the candidate shall be declared elected to the r seat. (Ord. No. 382'5, 16, 12-20-84/2-12'-85; Ord. Wo. 4768, §'1,, 1-19-• :, •: 89/3-14-89; Ord. No. 5153, ? 1, 12'-19-91/3-10-92) Section 8.05. Elections. (a) 'Commission positions, All members of the city commission except°as otherwise provided by the charter, shall be elected a,t large by the qualified voters of the city. (b) Regular elections. Regular city elections shall be held on'.the'second Tuesday in March of each year in which a commission' term expires..- 24. i ` tf {f f4 , yJ i .fr ' 1j it (c) Special electlons 'Special municipal elections, may be called by the commission'at any time for such'purposes as. are -authorized by this.charter or by law. Notice+of all special elections shall be published in a city daily newspaper in accordance with state statutes. (d) Canvassing board. The commission shall meet as a canvassing board within 29 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 the certification of the returns by the-county canvassing board maybe accepted'as the certification of the municipal election returns. (ord. No.'3825, 17, 12--20-84/2-12-•-85; ord. No.. 4766, 9 1, 1-19- 89/3-'14-89) Section 8.06 Candidate'vacancy. If-the death ? withdrawal or- removal _from the_ ballot of A -qualified candidate occurs'after the end of the- qualifying period and leaves fewer than two' candidates 'for 'an_?off ice, then. , the-crualifving_yeriod shall, be extended to the latest-date-for which the election guidelines can be met. if the election u cuidelines cannot be met, when the remaining candidate-shal.llbbe declared-the winner. ARTICLE IX. FISCAL MANAGEMENT PROCEDURE* .*Code reference.--Fiscal management, ch. 2, art. .VI . Section 9.01. The fiscal management procedure shall include provisions -relating to the, operating budget,. capital budget and 'capital program,' providing-for hearings on'the budget,','capital budget and t capital'program and the amendment of the budget' following adoption. F Section 9.02. Bonds notes and other forms of indebtedness ma be issued only•after the same have been approved by vote of the electors of the ci-tv at referendum conducted in accordance, with the laws--of . the State of Florida, in the following instances_ (a)-. Secured by ad valorem taxation; _(b) Secured'bv a mortaq_e on city owned property:, 25 :(c) Secured b • revenue 'bands for nroiects in excess of $5 million exceptanv revenue bonds for projects mandated by federal _ ors state law- a -judicial decision or , refunding, may be issued.only'after the" same_ have been ° aj2p roved b y vote of the electors of the 'cit at- referendum conducted in accordance with the laws of the State of Florida Section 9.03. The City shall not enter-into any,contract for,'or otherwise undertake the acquisition and./or construction of, any capital project that costs more than 10 million, the payment of-which is proposed-to be made from any revenues derived bythe city from sources other. than ad valorem t.dxation without prior api=val, . by the ?ual.ified_ electors of the city at a referendum held in accordance with law. - &t? d-?-.?_-a e?shall -in add ? t- e n e e n t: a-i-n--ar ,'. . s.hall be put, te ----r?-?-rnz•iinr--=rT=FG Si•--?zr±?*?-^_?- -, # - = - --- industi el r (Ord. No. 4766, 1, 1-].9-89/3-14-89) 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 cit=y subject to modification or repeal in the same manner as other ordinances of the city.. Section 10.02. ordinances preserved. All .ordinances in effect upon the adoption" of this charter to"the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Section 10.03. Rights of officers and empl.oye'es. Nothing in this charter except as otherwise specifically provided shall affect-or impair the rights or privileges of persons who are city officers.or employees at-the,time of adoption. City commissioners shall, continue to-hold their. of,fices'. 26 • r .?F 7i1 ?{F1' '.i pl]x? .}•S?, `Ir 'ik,f f.1i1';•F ? 1 ' r '?1' ' rr f ' rt - •s r ' r and discharge the duties thereof'until their successors are elected, Section 10'.04. Pending matters.. All rights-, claims actiorsi; order's, 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 i7elating to nomination and election of"city officials shall take ' effect immediately upon passage.of this charter at referendum. Ter limits as s ecifi.ed in Section 2-.03 shah. not be ref oacti)e and shall- become effective' fo'r- each res ective seat on the date ` of-'the next election for that seat. (b) Time of taking, full effect. This charter shall be in ful1' effect for all purposes on and after,approval,by a'inajori,ty : , .'. of'rthe electors voting in a valid special,'election to be called for'. such purpose, and upon' being filed with the secretary of '. t state'. (c) Initial salary of conunission members. Members of. the commission-shall-receive 'an annual salary equal to that in,effect ;f '. ' under. the' prior .charter until 'such time as,changed in, accordance with this charter, (d),Transition,ordinances'. The commission shall adopt ordinances and -resolutions'required'to effect` the-transition. Ordinances adopted within 6"0 days of the first commission meeting '..`., • under this charter for the purpose, of facilitating. the transition = r . may be passed as emergency ordinances following iprocedures setup by law.except,that transition ordinances shall be•effective for up to 90' days after enactment. " . . . July,32. 1984. 27 .Si ,f , . ,.: ' ! .. ! . , . ` { { Sly-•i'?' r _ i , Y i J ,s? t :?i, jr,t„fP R t?i+?, ts' •4? v }445 " ?7? lrJr?'??+7...?FuF74 . r 1 1 I r i 1 ,' 1. .?_ 9. ' NIEETInG, E. Persons wishing to speak before the Commission at the beginning of the rneetinrg under ."Citizens to be Heard regarding Items not,on the Agenda" must pre-register -with the City Clerk Department prior to 6:00 ,'p.m. on the day of the, meeting. A maximum often, people (3 minutes per person) will be heard at this.time in'the-order in which. they register. Those persons wishing to pre-register PLEASE' PRINT your name and address below: NA ADDRESS. f Y? O-AI-X 2 f.. 14 r r '•t 4 6. :I 10. Persons who are nat pre-registe'red,and'wish to speak before the Commission may do so,after the public.-hearings. f. ' ''r ts.?t•5 .3. ,r !?r P..• rite E',r,1 •',. 1f'ea'r ''1,: a+: • zz, , Ot, ! is a " item 0 CLEARWATER CITY COMMISSION Meeting Date Agenda Cover Memorandum SUBJECT: Vacation request 94-07 ( Allorto/Ware & Mayes ) RECOMMENDATION/MOTION: Approve the vacation of the Westerly 1.0,foot of the 10 foot Drainage & utility Easement lying along the Easterly line of Lot 13, Block "DOI, Shady Oak Farms Subdivision and pass ordinance No. 5553-94 on first reading. BACKGROUND: Mr. Ware and Ms. Mayes purchased a house from a Mrs. Allorto and the subsequent survey shows a pool enclosure which encroaches approximately 0.5 foot into a 10 foot Drainage & I3tility. The City has no existing utilities within this easement. This petition has been reviewed by various City departments/divisions''concerned with vacations and there are no objections. Florida Power, General Telephone and Vision Cable have reviewed this request and have-no objections. Central Permitting has instituted improved permitting and inspection procedures to help prevent future'construction encroachments into easements. The Central Permitting Director has reviewed the comments submitted by the reviewing Departments and recommends this request be approved. Reviewed by: Originating Dept. _ Costs: N/A_ Corniasian Action Central ermitting Legal. N/A (Current FY) Approved Budget 'N/A user e#:. Funding Source: Approved w/conditions Purchasing- N A -`- Capt. Imp. Denied Risk Hgmt. "M Advertised: Operating Cont!d to DIS H Date: 07121 9 07/x8/94 Other ACM Paper: Tnmaa Tribune Appropriation Code(s) Attachments: ?1 Other RJA•r- Not required ? N/A Application _ Submitted b : Affected parties ' Ordinance notified YES Location Sketch Ciane +r Not required vACOW ApN- }.. II 3 ., : S ' 7•..t , . ., a Vacation Number 94--07' • "Allot t.c'? . V A C 'A T I O N R E Q U E S T P R O C E' S S I N G' S H E E T PLEASE`REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS"BELOW: REFERENCE ATLAS SHEET NO 234A/-A-17 SECTION 32 TOWNSHIP 2sS RANGE 16B ,1. ENGINEERING D ISION: ' REVIEWED. BY: APPROVED BY:--- _ DATE: ?J• f , CONTENTS: The applicant is requesting o acate the- Westerly 1.0 feet of the Drainage & Utilit Easement lying ,., , along the Easterly side of Lot 13, Block "D", Shady. Oak Farms'subdivision . The pool screen enclosure and.decking encroaches approximately 0.5 foot into'the easement. The city has no existing utilities within the easement., The Engineeririg Division has- no objection to this vacation request. Florida Power, General Telephone, and .Vision Cable have no objection to this vacation request. „ °f9p 2.. CENTRAL PERMITTING DEPARTMENT: / , .. REVIEWED BY:SrtY?zD ,zr-r'APPROVED BY: SilVrT r DATE: G?7' . ": . COMMENTS: ";HAS aEi??4rt7w c?Jf f4oS t0o 0 Oj6C,T I 0(-J 1-0 ??- re a?Q cJc 3. I BUILDING INSPECTION: REVIEWED AND APPROVED BY : DATE: G td COMMENTS: JAG CUIb a, L::_r ? . Page 1 of 4 e ' 5. 3 ? '`+; • ° ?f'•+1 ? f 1 r't`i, ?1 ., Y '. b ? ?? . .•r ° ? ? ?' •r. H.f.°s:iSi?t;?^ ]5????k55 ?] 1 " ?. ? .. '' r , ? : X , R , ? I , ` ! ? w"?4 '' .er F, ; ? S ' ? ,? • i ` ? 1 ? r ?!' ' ?` ? , !' .sr ? r .. ° f 1 • I , € ' 1 ' d ' ? .' ? ? ? i?: • ? ? 1 ? ? . , ? ? ' . 1 ' ? .. , , :. t ? , ? , •'', ` . ? ' J 1. ?. d ! 1 • 1 °b? - .. .?1 r om `,? t..?F,• .r.: r . C,;1 e•,. ,. ? ?,., A r? ... .r' F? '.rr ? -? •.. ?, , .. ,''. , . ' .. '.ai}>kr? t . ? ' Vacation•Number 94-07. f "Allortoll, 4. ;GAS DEPARTMENTl: ''REVIEWED BY: APPROVED BY : i r DATE: UG M/Y4 , ,. COMMENTS: ?....-- 6S'7CC.71 o r? V6 5. PUBLIC'WORKS DIRECTOR: REVIEWED AND' APPROVED BY: DATE:6:°?J??/ ,T COMMENTS •/ .1 .I , S • el. .. ' ?- -- - - - - - - - --- r.------------- ..ADVERTISING DATE; . 07/21/94 ---------------------r - - r ' AND 07-28-9'4 a ' HEARING' DATE: 08/04/99 PUBLIC , COMMISSION.ACTION:----APPROVED---- CONTINUED-?--'-TABLED----DENIED---- °;,t •"'. .. ORDINANCE. NO. DATE OF ADOPTION RECORDED 'IN .O. R.'• BOOK: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION, CARD.' FILE: SHEET 2 `OF 4 ° :. REVISED-3.1r/90 VACPROC. DDM F]:r • • •, } {' ^'t••]l)'« r' ? .. I ' ? ? ?l ' r' ? ! f ? 1 ii • d•, 9!' i/e lE j?=•y, ?i'?f:Y ?1 ?., ? )•e3 ?.+' x.•.•alr.le. :,?., fB ?"?f?b :i _? ? y. ? i . S ? fjjYg r?:'l l d???d f?., .l's?: ra['a Y•.&? ir' , r: (.:'. ,• •1 , .. , , , . " . % SF If?!{mss'' ?r?a ?.'F? . ., r'v F'; a (,' r•i • s 1 r ` } ... }''!t.•1, ' r f ,ijl ,•' r F r 'f ' . 1 ,r' ;f,:.`? ' s, t. ,. .,%,. ..f.q. .. ;, 1, ..{e.e', • 1, :: ' .'i'. • • f , r ! f, .. '- s .. e,dt'. Y4L V A C A T 'I O'N R E 0 U E- S T .. F I L I N G F O R M NAME `:. ADDRESS: st-, HEREBY-PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING':,. r EASEMENT TYPE: RIGHT-OF WAY 0 ALLEY C? OTHER t, : + ' .2..-'; , , ' LEGAL, DESCRIPTION • OF PROPERTY - TO BE VACATED: STREET ADDRESS OR SIMPLE LOCATION: , A'- .-PROPOSED USE OF VACATED PROPERTI' ZONING ON ADJOINING PROPERTY: ,'.Page: 3 OF 'A ". f # , .? F'7Y r. rs? r 5 ' , 1 `I t a. 'ATTACHMENTS: LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION.INVOLVES EXISTING ENCROACHMENT, I' DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT,PLAN, ETC.) X SEE RESOLUTION, 8 2 -3 (ATTACHED) ATTACHED LETTERS OF NO OBJECTION FROM: X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY ' VISION CABLE . r OTHER ' SIGNATURE OF THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED. TO BF,, VACATED: (APPLICANT) =."rI14ME ADDRESS & ZIP CODE DATE PROPERTY ACQUIRED . 'rATE.0F "FLORIDA) 1 , )UNTY-OF PINELLAS) ;£ ie foregoing instrument was acknowledged before me this a lleA 0 D? who is personally known.to me or. .,o'- has produced f t>C r 4?23 G3-0,,5q1-3)'0Q " qe as identification • • _ I .z x; d who did '(did no take an oath. a4 Notary Public, Commission No. `,• !QC'? ---- (game 'of Notary typed, printed or.stamped) . ' .. ' f ? ?'?? 0. FCC COflhU4CK ? € t FRY CWM1SStDN #,CC292111 k v?'qn q EXPIRES: ,1ny 29, 1897 f' Bonded Thsu Nv" Pant UnftfW M SHEET 4 OF ' 4 ENG.. DEPT. 3/82 , Yyf REVISED to j92.. f .,4_ x' '•, ' ? , .Si i.r ? .. ? SSi . ' ss? t l f l i'r .]f , . I r . CERTIFIED 1O: FIDELITY NA TIONA1, 'PITLE INSMIANCE COMPANY 50007_._. ' SARCLAYSAMF RICAN/MQRTGACE CORPORATION CHARLES If • WAMF, F.,- STIA-ROM' V . MAYES • 3EC. B3 Tw. L9 S., AGE. IV E. OAV- Grzay? oaxyi5 ' m? + 0 r ' T/;r:r 114-,o9r `•?. ..0 5139058, 10 ?? ? Z ? i g I r: ^ . 1.r ' Sv TL Zr Z C Z POOL- ? N OWE' eToav ' f LON C. Ea. S. • ' p? vE „ 0 r I 1 y F. ag• s A 0 ., }! .09P Sy ses 4 2. 114, 11I ` VA , "BOUNDARY SURVEY" O accND: r.t.R. - FOUND IRCH ROD: r,C,LP. - FOUND CAPPED IRON ROD, S,N,D. - SET NAIL b DISK: r.C,w, - FOUND CONCRETE MONUMENI: P,R.u, - PERuANENT RErEREIICE v ' MONUMENT: P.C.P. - PERMANENT CONTROL Prolt: P.I. - PONT Or INTIEMSECTION: RIW RIOJT-Or-wAY: r,N.O. w FOUND HAIL k DISK; CONC. - CONCRETE: E COV. - COVERED: ASPH, - ASPH ALT: SEC, - SECTTDN; TWP. - 1OW4TNS41IP: RCE. - RANCE: ELEV. - ELEVATION: PVuT: - PAVEMENT. C.B.S. - CONCRETE BLOCK STRUCTURE: r.C.LR. - rOUND CAPPED IRON IIDD: P - PLAT: M - UCASURED:.D - DEED, r,I,P. - rOUND IRON. PIPE; S.C.I.R. _ SET CAPPED WON ROD, EZ:;3 : oMVe2o1 ACAS!; LOT 1 j?> OAR-' r-Al2M rJ 514ADY BLOCi P-' D . A SURVEY OF - I , ?L I AS RECORDED IN PLAT BOOK 80 PACE g? QF THE PUBLIC RECORDS OF PINEWKS COUNTY, FLORIDA. 1. WILLIAM C, KEATINC, THE SURVEYOR IN RESPONSIiILE CHARGE CEAWY .THAT THE SURVEY REPRESENTED HEREON AS UCLIING THE UINIMUN TECHNICAL STANDARDS SET tORT11 BY THE FLORIDA BOARD Or LAND-SURVCTOPE PURSUANT TD SECTION 472,027 Or 711E FLORIDA STAI ITES (AS PRESCRIBED IN RVLES'61Q)'T, DEPT, OF PRVESSIONAL rt• .ts r • ELEVATION STATEMENT: THIS IS TO CERTIFY T1TAT KZ HAVE. OBTAINED ELEVATIONS SHOM4 HEREON OF TIE ABOVE DESCRIBED LAND, THESE ELEVATIONS SHOWN HEREON ARE BASED ON THC NATIONAL VERTICAL DAIVM, 1979, BENCHMARK SUPPUED BY THE ENCINEERINC DEPT,, COUNn, FLORIDA, CDUMUNITY t+o. ] /' G 12 5 O[) PANEL No.o./' 0 0th'tom D MAP'DATL; 6- 9 APPEARS TO BE IN FLOOD ZONE. G BASE FLOOD ELEV. ORA" DY: r/ , G S DAM: S .. ?s -Cc APPROVED DY• ? ?•r • • , 1 ° r f I , CHECKEO BY: SCALE: I . #I WILLIAM C. KEATING R. I 0' W. p TIND ALLIED SURVL 2114 SUNNYDpALE BLVD. CUARWAIER'LFlORiDA 34825 i{] 1 I is ? .. ?? ' ' . • 4 e ' ! ` r??t'?., .``1 ! ORDINANCE NO. 5663-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, .`.:' VACATING THE WESTERLY ONE FOOT OF THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE EASTERLY SIDE OF LOT 13, BLOCK D, SI4'ADY OAK FARMS SUBDIVISION; PROVIDING AN EFFECTIVE DATE. ::- . WHEREAS, Laura Allorto, owner of real property located in the City of . 'Y. Clearwater, has requested that the City vacate the drainage and utility easement , . described herein; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it. is deemed to be to the best interest of the City and, the general public that the same be, vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER; FLORIDA: Section 1 The following: The Westerly 1.0 foot of the 10-foot drainage and utility easement lying along the-Easterly side of Lot 13, Block D,.Shady Oak Farms'. :Subdivision, as recorded in Plat,Book 80, Pages 95-96, of the, public. records of Pinellas'County, Florida, is hereby vacated, closed and released, and-the City of Clearwater quitclaims and p:j,.... releases all of its right,' title and interest thereto. Section 2. The City Clerk shall' record' this ordinance in the public records of Pinellas County,''Florida, following adoption,. Section 3.. This,ordinance shall-take effect immediately upon adoption. PASSED ON FIRST READING '. PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and . Attest: ?-' and correctness: au 11 V, Cynthia E. Goudeau . Assistant City Attorney City.Clerk t , A s, F r ? , s: `Scale N T S . . . =s' '' F r _?.i. •r a a 4y" •'Wei This',Is-not. 'a SURVEY . 5 '• .€ :{ter ??. lr ' y; .' 1 ' ' J • .fie _ J!t f A r "i i f • r I Reveshw ' Vacation by Applicant 13 `- o ? k -01 Q I ,'5 `s Dr. 6 Util. Esm-ts.---Z:ZIL I Vac. 94-07 ` "Atlorto ,z Section 33-28- 16 Drawn by, DAM. Date$ 7/6 / 94 Revd. 7/15/84 ` ? • . .ire • , 3 1;"F s.- y?, r,i?. •,4?•?y:? -_--- r -•?.'t .. , ,.?t' I'd [?p ?.tf.i;f?,'d?iv.iF`.7r;?:Eiafu??c?.?ti q item CLEARWATER CITY COMMISSION Meeting Date Agenda Cover Memorandum SUBJECT: Vacation request 94-07 ( Allorto/Ware'& Mayes ) RECOMMENDATION/MOTION: Approve the vacation of the Westerly 1.0 foot of the 10 foot Drainage & Utility Easement lying along the Easterly line of Lot-13, Block 'nDnn, Shady Oak Farms Subdivision and pass Ordinance No. 5663-94 on first reading. •1 BACKGROUND: Mr. Ware and Ms. Mayes purchased a house from a Mrs. Allorto and the subsequent survey shows a pool enclosure which encroaches approximately 0.5 foot into a 10 foot Drainage & Utility. The City has no existing utilities within this easement. This petition has been reviewed by various City departments/divisions concerned with vacations and there are no objections. Florida Power, General Telephone and Vision Cable have reviewed this request and have no objections. Central Permitting has instituted improved permitting and inspection procedures to help prevent future construction encroachments into easements. The Central Permitting Director has'reviewed the comments submitted by the reviewing Departments and recommends this request be approved. , lteviewed by. Originating Dept. Costs: N/A Consiinaion Action Central ermitting Legal-- NIA (Current FY) Approved Budget N/A , user ep . Funding•Source: Approved u/conditions Purchasing N18 Capt. Imp. • Denied Risk Mgmt. N/A Advertised: operating Cont'd to DIS N A Date: 07/21 b 07/28/94 other ACM A Paper: Tampa-Tribune Appropriation Code(s) Attachments: Other N/A Not required NIA Application ^Submitted b Affected parties . Ordinance ?y notified Yes Location Sketch t?ij1 a er Not required VACOW A" Ci •ne % / Vacation Number 504-U i ! V A C_-A. T 1 O 'N U E 8 T' • P R 0 C _ g s s 1 N G S H E E T •? PLEASE REVIEW THIS VACATION IN TERMS OF YOUR'PRESENT USE AND FUTURE' NEED FOR THE PROPERTY.' INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NU 23f4AC A-17' SECTION 32 TOWNSHIP 288 RANGE 16E ,1. ENGINEERING D ISION: REVIEWED ` BY : APPROVED BY :0,-1 DATE COMMENTS:. The applicant is requesting o, acate the Westerly 1.0'feet of the Drainage & Utilit Easement.'lying along the. Easterly side of Lot 13, Block "D", Shady Oak Farms Subdivision The pool screen enclosure and decking encroaches approximately 0:5'foot into,the easement. The r. City has no existing,utilities within the easement. The. Engineering Division has no objection to ;this'vacation ! request.` Florida Power, General Telephone, and-vision . Cable'have no objection to-this vacation request. ; •``' f ] 2. CENTRAL PERMITTING DEPARTMENT: 1 1 ! / REVIEWED BY : SrtYs Dot• zr-r ' APPROVED BY: . S Sher [3 DATE: G t T / .. F v COMMENTS, . '34K,S 'a ,?rc7?•. ?'rJf NHS n?o O Qj&C T 1 &-/ TI BUILDING 'INSPECTION: 1 REVIEWED AND APPROVED BY f DATE: G/r? 1?iL? . •. COMMENTS : o ab acc-'TIOt:3.? , °' ... Page 1 of q' ;• ; " ', ' !°•1 , lL3'.f i? .S'e t,te?a .l" + ' } ';i'%,. '•';;r;, "y.. p?• iy, :E?'..?,r,`x.it7'i5"?r?!?r ? [- vacation Numoer v4-ut 4. GAS DEPARTMENT/: REVIEWED BY: APPROVED BY: DATE: 0 C?4//yy, , COMMENTS :' c??'`?--? ' N6 biy?ELif d? >f' 5. 'PUBLIC WORKS DIRECTOR: REVIEWED AND APPROVED BY: DATE :Lf%z?''''-: j: COMMENTS:. -- .....- r_-....«.+----»... -- ....... -- .. -.-. -- -----------.. - - - - - - - - - - .`.? DATE; 07121j9 4 . 'ADVERTISING ; '07L2L9 4 AND , , f _? ' .PUBLIC HEARING DATE. 0e/04194 _ COMMISSION ACTION: -?---APPROVED-----CONTINUED----TABLED---DENIED------ :.:.? 'ORDINANCE NO.` DATE-OF ADOPTION ;., RE'CORD'EDINr 0. -R.. BOOK: PAGE: /.:''LETTER:TO PROPERTY OWNER ADVISING COMPLETION OF VACATION ' ., } . - VACATION CARD FILE: . 'SHEET 2' OF 4' -: REVISED11/90 VACPROC,:DDM, it ,„ I. sf. ;'j?;7;',"l, r;• `i;?1P I' fr r. ? h .(. ' 1" f ,? ?'S',.' *1Yl1J SS?der. t?z'@"•Y'4???r ' ? ? ' ? -f ' ? • ,f."emu V A C A T' I 0 N R E Q U E S T } _ F I L 'I' N 'G F O R M ;; .. NAME: HONE: _`j c1?--1??a\ ' 1 s ADDRESS: ae:0,? HEREBY •PETITION THE CITY COMMISSION 'OF THE CITY OF CLEARWATER 'FOR THE, VACATION.OF 'THE " FOLLOWING: ' EASEMENT TYPE,: RIGHT-OF-WAY,' .,,. , r t----? ALLEY., ?--? OTHE :.'2. LEGAL,DESCRIPTION OF. PROPERTY TO BE VACATED: .k[' .`ems?, ? ., , ,• ??.. STREET ADDRESS, OR SIMPLE LOCATION,: °; - ? ',CS;ec}; ?c?-fie: ,. ??3`1?\°` • elf ' ,r ' . , 1 r. y,<<'•'A PROPOSED USE OF- VACATED . PROPERTY: °'tt Vii..'. ZONING' ON ADJOINING ,PROPERTY: , z. S1•-?,Lr Zf ?Yy ??'"? i ?. ; Fee trl• Ct,\., Chi c Y Page . 3 of 4 ',,;°: , b. ATTACHMENTS: LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES s, EXISTING ENCROACHMENT. DRAWING SHOWING.PROPOSED'USE of VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) " X SEE'RESOLUTION 82-3 (ATTACHED) ATTACHED LETTERS OF NO OBJECTION FROM: X FLORIDA POWER CORPORATION GENERAL TELEPHONE COMPANY h VISION.CABLE OTHER SIGNATURE OF THE OWNER OF THE'PROPERTY ABUTTING,THAT PROPERTY, PROPOSED .?. " TO BE VACATED: (APPLICANT) J DATE PROPERTY-ACQUIRED t77yME ADDRESS & ZIP CODE ; .. : p ? LATE OF FLORIDA} ' ?UNTY= OF PINELLAS } ... to ,: foregoing instrument was acknowledged before me this G - l? - Cat r O' A O A doe` who is personally kno n to me or - - - , ,- o'has produced fib(. '-4-0'3 53 S? 30U q as,,identification - .d who did (did no take an oath. Votary Public, Commission No. U:/nP_?1 (Name,of Notary typed, printed ? or . stamped) , 0. MC COMM I •? nIr €: MY COMMISSION i CC MI 14 f S='r ?i EXPIRES: July 24. 1847 '^ `' ";;:?a Banrd ?ro Nctuy.i?Lc Unaer++nnoR - r SHEET 4 OF 4 ENG. DEPT. 3/82• REVISED .10/92 ?; fro- F, " ¦ CERTIFIED lo; FIDELITY NATIONAT, TITLE INSURANCE COMTIANY nARCLAYSAMFRICAN/MORTGAGE CORPORATION CTTARLES 11. WA'RF & - SITA-RON' V : MAYES S . 1 ?i • . 1 M , 1 -3EC. AL, 3WP. 2'D S., RCE. E. o.Av- Ca ovE oarvE m .. 1 I 1 ?•. 12M 1 .,n 114, o9P 5 89° 581 ! o I.?. Z Z 1 7 0OL. r Iw • t . 1 '" a _• `?.a ?' 2353 ;? ? ? 0"C' STCliZ • • - O •?• N •0 GON G. • p C..?.S. ?R'. ? ! [.] 1 1.1.0 ? f ? ` .N. m ,•25 O ? tJ- 10- ? N 89' s o' Inl f l4.09 i li 'F , •s 14 ,1l+`1 ? xs ' KCB F I.P "BOUNDARY SURVEY" LEGEND: rd.R. - FOUND IRON ROD: r,C,1.P. - FOUND CAPPED IRON ROD; S.H.O. SET NAIL DISK: F.C.M. - FOUND CONCRETE MONUMENT: PAX. - PERUANENI REFERENCE MONUMENT: P.C.P. - PCRUANENT CONTROL Pn11T; P.I. - PONE Or INTERSECTION: R/W . RIGHI-OF-WAY: F,N.D..1 FOUND NAIL k DISK: CONC. • CONCRCTE- COV. . CO'OtREO. ASA•H. - ASPHALT; SEC. - SECTION: r*P. - TOIANSHIP; RCE, - RANGE: ELEV. - ELEVATION: PWT. - PAWMEN•T: C.B.S. - CONCRETE BLOCK J? i c°veltal STRUCTURE: r.C.I.R. - FOUND CAPPED 1R1TN nOO: P - PLAT: U - MEASVR(D: 0 - DEED: r.1,P. - rOUNO IRON PIP(: S.C.I.R. . SCT CAPPED IRON "DO , G I. LOT I OLOCK-"O ,. 6)4AD OA)e r-ARM 5 A SURVEY OF AS RECORDED IN -PLAT BOOK 80 PACE 95J9? OF THE PUBLIC RECORDS OF PINELLAS COUNT 1, FLORIDA. 1, v4LUAU G KEATING. THE SUR\YYOR I N RESPONSIBLE CHARGE CCTTYY .THAT THE SURYCY REPRCSENTED HEREON AS UCETINC THE MMMULI TECHNICAL SIANDAR65 SET rORTH BY ME FLORIDA BOARD Cr LAN D SURVEYOPS• PURSUANT TO SECTI(Xi 472,027 OF THE FLORIDA STATUTES (AS PRESCRIBED IN RULES'G14)'I, DEPT. OF PROFLSS1014AL REGULATION)- (NOT VAUD UNLESS SEALED MATH AN EWROSSFD SURVEYOR'S SEAL). ELEVATION STATEMENT: THIS IS TD CERTIFY THAT %E HAVE OBTAINED ELEVATIONS SHOWN HEREON OF THE Ap04t DESCRIBED u1N0, THESE ELEVATIONS SHOWN HEREON ARE BA SED ON T14C NATIONAL VERTICAL DATU M, 1929, BENCHMARK SUPPLIED BY THE ENGINEERING DEPT., COUNTY, FLORIDA, CODUUNITY 110. 4ATNfl No, MAP DATE: APPEARS 10 BE RASE MOOD ELEV. 1 Z5 09 G O ao G D' B _/ 9 9 IN MOOD ZONE= u Al x ivq Jv ORAVM BY; DATE= APPROVED BY' CHECKED pY: SCALE= , VALLIAM C. KEATING R. , #I WYI A a lA!• 50 NO LLIED SUR 2124 SUNK ALL BLW, L ' EARWAIER, RORIDA 316as C I Ij r AN 0R[ VACANT, AND UT LOT 13 . ' AN EFF Z 5663-94 , 4RDINAKCE BQ• FLORIDA, 't OF THE CITY ' OF CLEARWATER, • FOOT OF TFiE IO-FOOTYD51DEAOF • I WESNERLY ONE THE EA5TERL PROVIDING i EASEMENT LYING ALONG .'? C D. 543ADY OAK FARMS SUBDIVlStdlfi in the City DATE- ' of o arty located, # and utility easement }onto, owner of real trhe drainage i•V? o rite vacate , WHEREAS , the C i ty be to now theref ore , , deemed to - - same be vacated; •TNE CITY OF municipal use' and it-Is ,general public that the TTY COMMISSION OF , g THE C BC IT, ORDAINED BY , r.. , ., :. CLEARWATER, FLORIDA: ;• , following and utility Basement Sect, The drainage Oak,Farms of the 10-foot Block D, Shady ublic .0 foot of Lot I3, 95- 9 6, of the p The Westerly 1. 0 side 60 pages . }at Book J lying along Subdivision,- as recorded' if PFlorida, uitclaims G a` records of Pinellas County, the City of Clearwater and and eased, Ian Ce the pub nterest thereto. in " . eb vacated, ts 9 cl ost it} released, is her y ri h , this ordlnan . releases all of i 'Clerk shall recordadoption• ' The City Florida, following adoptiot. Sect?o . records of Pinellas County, This ordinance shall take effect immediately upon E Sect?• PASSED 0N FIRST READING. PASSED ON SECOND ADD 'FINAL READING AND ADOPNE Rita Garvey . Mayor-Cammiss•ioner Attest: roved as to farm and F And correctness'. a Goudeau Cynt ?a E• .`.. City Clerk i, au pi ha P?' uAtt0rney Assistant City `s Tat ' r ??-' 't?• ;'S?'y l{? -.. r' F t ,.i'. ;; _, ;C:rr: /k-Y: 3?.. A 1,?;. •y{;,', y:.;l?•j?.R ?4r;'; r"?? f'??i' '?':?%1 •" i• Vie' .. J f. - .. , _ r ,- ?' - d' .1' >,?.•.,5:,'- ^y•i'llr, ?{ry F,ji L$ ,?'? ?F . ? ./? 'f ? II r? ? s ? 'J ` .. ? '•f r •n??l ?J#? Ar s`i hT3• ?I' RT`' :L •.?!' ??l J' ,]' .:1'' - ,. ,VS. ,!. .f, sr ' f' •.e??J ?j?r,37b' '?`,.?? 'i,. -a• •p ! it ' k _ , ?.3 ,.4'? . S ar.. :p?:.r?a-?i;r', ii; ..?;J a?,i',. •S'. r a. i. Y ;r< ; -7 s'= :•i..... m .- '. .. r., , ?. .. .. r i; . a. > ,. -.. : ... ,. -. >x:',.. ?s.'J eR;ttyL - , i, l 1. I 1. •:D , . ? I. • .' 1 'Lip DATE ITEM -,ti .,Y, °?/ l .eft ? f' SR ,•.?',? ??. I:•' / , . ? ? ? ", ' ' , jay ?, `- Irv ? .. ' - • -, ? •t` `:f•?'?'? r ? n . .?':?rC". f, L, 1, L - • ..1 '1 A. ?Ji (%.?S'.? .0X S i f7.-- - - -- =-.J.t?ses.a -- - ' J-- -?.`---- -- - '..-------`_ .- -.. - - i , .,. , - - ; 4,., c-. •a$` c ?i .'4x?.:[': '}?Ta • t F ti+;ilES if Lla'+`:'wf'! IrSa-• 1 J ylt ?°" i, - ' r. r . r . '? ',. .. . .. ... , .. .. 11': • S, 1 4 'i.' ,. =;•i-hy?s JL L-20--1994 11:32 FROM PLAIN 1 NG & DEVELOPMENT TO C 1 TY CLERK P.01 CITY OF CLEARWA'T1,Fa . • ' tdbL;BIpQR'tlttiAt GOL[Ai?1411?ACR S ' . TO. Be My Deptul,a, City Manager T •.? -? ? ? . ' YD#: Kathy Rico, Deputy City Manage M l B l A i O ?'• ?' Q `? anager f a ser, ss stant Bil ' FROM Scott Shuford, Ccxkfxal Permltting Director MMJECx: ' Planning and Zoning Board Action - Three Single Family Annexations COPnlIS: Cyndle Goudeau, City Clerk A?,'1<M July 20, 1994 On July 19, 1994, the Planning and Zoning Hoard unanimously reco=ended approval'of the following three umtntlon requests: A94-14 in~ley} ` .: A94-16 (Crawford) Picric advise if you have questions or continents. SSldb , . RK ppd. p ClGL ' - ;fr Post-Ir brand fax transmittal memo 787'1 *of sort I. P. • ., Pho?M o 'Mo Ni? •"}e '' •.?p ?° s,. .' i r : ,x.11 ? f, eke `,,?, .• i = f;' .'. , TOTAL P.01 F A ¦? 1 tem # ' Clearwater City Commission Meeting Date: Agenda Cover Memorandum SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1312 Woodbine Street; Owner: Elijah P. Jones, Jr. and Annie L. Jones; 0.18 acres m.o.l. (A 94-15 & LUP 94-17) RECOMMENDATION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 13, Block B, Pine Ridge Subdivision, and pass Ordinances No. 5643-94, 5644-94, and 5645-94 on first reading. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The subject property is located on the north side of Woodbine Street three blocks north of Stevenson Creek and approximately 260 feet east of Betty Lane. The applicants wish to annex to obtain City sewer service for their existing single family residence, assessed value of $35,600. The property in the area which is in the City has a Future Land Use Classification of Residential Urban, but the property in. the County has a classification of Residential Low. It is proposed to assign this property a Future Land Use Classification of Residential Low, the same as the County's classification and.a zoning of RS-8, the same as other properties in the area which are in the City. Later this year, staff will be getting back with the Pinellas Planning Council to try to establish a single Future Land Use Category for this subdivision (Residential Urban), and for other subdivisions with multiple land use categories. The Planning and Zoning Board held a public hearing on this application on July 19, 1994, after which', they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential " Eight" (RS-8) to the City Commission. Pertinent information concerning the request is summarized in the tables on page 2. Reviewed by: %iginating Dept: Costs: t NIA Commission Action: Legal N/A CENTRAL PER ITTING Total ? Approved Budget Purch asing N/A N/A ? 13 Approved w/conditions Risk Mgmt. N/A User Dept: y Current Fiscal yr. ? Denied CIS N/A ? Continued to: ACM Funding Source: other 1 I ? Capital Imp . Advertised: ? Operating Attachments: Date: ? Other ORDINANCES NO. 5643-94, 5644 Paper: TAMPA TRI8l1NE -94, & 5645-94 ? LO ATI N H Not Required C O AP Submitted by: Affected Parties ® Not i f i ed Appropriation Code: E3 Hone City enager 0 Not Required 0 Printed on recycled paper f nn ?4 y. iYt f . f? r7 A 94-15 & LUP 94-17, Page 2 EXISTING ZONING AND FUTURE LAND USE OF , APPLICANT'S AND SURROUNDING PROPERTIES' LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family residential ' Property North City Residential Urban RS-8 Single family residential South City Residential Urban RS-8 Single family residential East County. Residential Low R-3 Single family residential, West City Residential Urban RS-8 Single family residential ZONING RESTRICTIONS DESCRIPTION RS' 6 EXISTING REQUIREMENTS `r:{'€Ql: IRMENT S . . . Density 5.5 u. p .a. max. 5 p 6 u a . . . . Lot Area 7,000 s ft. min. 7,772 s ft. Lot Width at 70 ft min 67 ft . • . setback line Depth 85 ft. min. 116 ft. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X 81313REVIATIONS: R-3 Single Family Residential (County) RS-6 Single-Family Residential "Six" (City) RS-8 Single-Family Residential "Eight" (City) u.p.a. Residential units per acre ,,lip, .- .. I ,. . , '? •, '? '? , , ORDINANCE NO. 5643-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY. LOCATED ON THE NORTH SIDE' OF WOODBINE STREET., EAST OF NORTH BETTY LANE, CONSISTING OF LOT 13, BLOCK B, PINE RIDGE SUBDIVISION, WHOSE`POST OFFICE ADDRESS IS 1312 WOODBINE STREET,' INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE.DATE. WHEREAS, the owner of the real property-described herein and depicted on' the map attached hereto as Exhibit A has petitioned, the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable 'requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY' COMMISSION OF THE CITY 'OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into. the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 13, Block B, Pine Ridge Subdivision, 'according to the plat thereof as'recorded in Plat Book 28,'Page 98,'of the public records of Pinellas County, Florida. (A94-15) Section 2., The provisions of this ordinance are found and determined to . be. consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, 'parks, rights-of-way and other dedications to the public which°have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records' of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance', including the map attached hereto, with the Clerk of the Circuit Court and with the County j Administrator of Pinellas County, Florida, within 1 days after adoption, and shall file a certified copy with the Florida Department of, State within 30 days. after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner "Approved as to for and.correctness: Attest: M. A. Galbraith, Cynthia E. Goudeau Senior Assistant City Attorney City..Clerk ' •t 11A,:1 .... , 01 ORDINANCE NO. 5644-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,, ` AMENDING THE FUTURE LAND USE PLAN' ELEMENT. OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE•THE LAND' USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE s, OF WOODBINE STREET, EAST OF NORTH BETTY LANE, CONSISTING " OF LOT 13, BLOCK B, PINE RIDGE SUBDIVISION, WHOSE'POST OFFICE ADDRESS IS 1312 WOODBINE STREET, AS RESIDENTIAL ' LOW; PROVIDING'AN EFFECTIVE DATE. WHEREAS, the amendment to the future' land use plan element of the r }:'.:.'• comprehensive plan of the City as set 'forth in this 'ordinance is foun d to be reasonable, proper- and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore,.. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF .e CLEARWATER, FLORIDA: , :'. Section 1. The future land use plan-element of -the Comprehensive Plan of the City of-Clearwater-is amended by designating the land use-category for the hereinafter described property as follows: Property Land'Use Category Lot 13;:,Block B, Pine Ridge Subdivision, Residential Low according to the plat thereof as recorded in,Plat Book.28, Page 98, of the public records of Pinellas County,'Florida. (LUR94-17) Section 2, This ordinance shall take effect immediately upon adoption. • 1 PASSED' ON FIRST READING PASSED ON SECOND AND FINAL / READING 'AND ADOPTED Rita Garvey Mayor'-Commissioner Approved as to form and correctness: Attest: ; M. A. Gal br ith, Jr. Cynthia E. Goudeau Senior Assistant y Attorney, City Clerk. •y y$TJ.• I r?l. r•f'..r .1... i; ;g ' :` ??.??;? c ar • f ORDINANCE NO. 55645-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE' OF WOODBINE STREET, EAST OF NORTH BETTY LANE; CONSISTING OF LOT 130 BLOCK B, PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1312 WOODBINE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8 ; (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found -to be reasonable, proper and appropriate, and is consistent with'the'City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF, CLEARWATER, FLORIDA:' , Section `1. The following described property located in Pinellas'County, Florida, is hereby zoned as indicated upon annexation into. the City of . , Clearwater, and the zoning atlas of the City,is amended,'as follows: 4 Property Zoning District Lot 13, Block B,`Pine Ridge RS-8 = Single Family Subdivision, according to the plat .Residential 8 thereof as recordedrin,Plat Book 28, Page 98, of the public records of Pinellas County, Florida. (LUP94=17). Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3: This ordinance shall take effect immediately upon'adoption, .contingent upon and.subject to the adoption.of Ordinance No. 5643-94. PASSED ON FIRST READING ' ;t PASSED'ON SECOND AND FINAL' READING AND ADOPTED Rita Garvey , Mayor-Commissioner Appr ved as to form and correctness: Attest:, o M.?A.' Gal rat r. Cynthia E. Gou eau t . 'Senior Assistant y Attorney City Clerk. r t , ? r • r . .n``vS a irt. ;f 'w4n? ', .C ' .' ? r ? '' 't r ' i? ? •?? •C ir ? =' '? ti , 1 . rl FAiRA?ONT -- -- - ? - -. 10? 9 8 7 6 S 4 3 2 1 -, ?.-M,, . S N rp b or ?p 60 n CLAIRE DRIVE N M 50 f239 1620 ? . .. 3 2- 16 . 13 4 tia alb (.,1' {6 w rLSb rG:S ? o ? ? ? y ,rS90 .,h, n - h ~ h ~ f7 h ? 9 8 7 6 5 4 3w 2 bt A 10 11' 12• 13 1+ 15 16 ? 18 • C N ti (? N N re r3 w n ? ? ? ? . . . 16 15 1' q s . 10 ? fh 14 a 'S . sx 2 15,c;s A1tKWQOO y 5? ' i?1 _ rsrx 15 {6{° s ?, 4Zy : 14 t r ,1BOB 16{?aa ; 7 car '? {8a4 ' '{6q{' i :, 29 8 CLEA 17 18 6g6 7 1 d' ford ? ? q ` h ? fwil I`y h 9 8 ;z 7 & 5` 3 2 1 ? ATER 10n •11" I?= 15 n 17. 18 n o n rC "i?m a N rear b ?'--?, 94 n y w Q e'> h ]6 i5 t- M ? 19 9. t„ .. ° WOODBINE 8 DR. 8 21 {S?1 6{6 2 1 { 3t? D z r 22 {516 ? b°f 5 1 10 a a t: n i? 6 y 8 7 2 1 c rsor v • 11 1t i3 15 16 17 18 lp ? ti n ? n ? f g n ? C ? y H y , 16 15 23 SPRINGDALE s 1 , r- 24 c F- -+sa 25 (!) 1 .or 26 27 / 12/04 ' 02 IIti •1,L. i i Q :j - O y i Lr zs a OVERLEA h y n T rsrs -8 7~ o E ,? ? 0 1 rill 60 1 1 13/07 0 ] f'AFsK ' , 1 2 3'1 ail PROPOSED ANNEXATION LAND USE PLAN CL ASSIFICATION and•Z'ONI•NG OWN E R ,? ca N E ca A. 4- l 5 APPLICANT PROPERTY DESCRIPTION 'LAND USEPLAN ZONING t-°T 13, 'B (. 1C Br P1N1` RIDG-a COUNTY REs'1'DEjUTIAL 1_o W R _3 0. 18 acR>=s' CITY P E51DC1Jr1K}L LOW 1?5_S RIGHT OF, WAY ACRES PLANNING end'ZONING BOARD CITY COMMISSION SECTION 1'0 TOWNSHIP 2qf, S RANGE 15' E ATLAS PAGE 26 9 ??•t h•iY ., r •f C k F .:7 4 t J :r V 1 -re , Jott ?' 7J - r r? w r ? w w? ? • 1.1 \\ O r awwarr.a Ire ??ong eat7nl??li ? 111 lar.epurl '• `? t ? '?: uno? p• 1 1. rF arSL1.1] a Ol a e 61 `5 r ,..? ¦ P • ? 1r n ati 1`J ? i a V) C> •=h oaaP;1 I ? .?. .. ? ? 1 N A U I QQ ° u a. G fl I AV -1 .; i Lnl anY Puut4??r? `n ?e 1H LSu?v 1 \? ?• ???« --.... ? .. ?"I'"...? I 7 C I ' DA:• 1.IROL S'r 11 ¦ La `' I ¦? III - A-P F ??Fll " ? tU T + Item N " Clearwater City ConunLssion Meeting Date: r? Agenda Cover Memorandum V . ? f Gl SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1231 Keene Road; Owner: Ernest E. and Virginia A. Crawford; 0.26 acres m.o.l. (A 94-16 & LUP 94-18) RECOMMENDATION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Four" for Lot 1, Block C, Meadow Creek Subdivision, and pass Ordinances No. 5649-94, 5650-94, and 5651-94 on first reading. ? and that the appropriate officinis be authorized to execute same. BACKGROUND: The subject property is located at the southeast corner of Keene Road and Meadow Lane three blocks north of Lakeview Road. The applicants wish to annex to obtain City sewer service for their existing single family residence, assessed value of $67,300. The property in the surrounding area has a Countywide Future Land Use Classification of Residential Low, and it is proposed to assign this same classification to the applicants' property. The lots in Meadow Creek Subdivision which are in the City have a zoning of Single-Family Residential "Four". Staff recommends this same zoning for the applicants' property. The Planning and Zoning Board held a public hearing on this application on July 19, 1994, after which they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential " Four" (RS-4) to the City Commission. Pertinent information concerning the request is summarized in the tables on page 2. Reviewed by: Originating Oopt: Costs: # NIA Commission Action: Legal NIA CENTRAL PEI;HITTING Totai ? Approved Budget Purchasing N/A NIA 13 Approved w/conditions Risk Mgmt. N/A User Dept: s Current Fisca[ Yr. ? Denied cis ? Continued to: ACM Funding Source: Other N/A ? Capital Imp . Advertised: ? Operating Attachments: Date: ? Other ORDINANCES NO. 5649-94, 5650- Paper: TAMPA TRIBUNE ? 94, b 5651-94 Not Required LOCATION MAP Submitted by: Affected Parties ® Notified Appropriation Coder None Cit ana ar ? Not Required Printed on recycled paper u? 1 - m. :. i A 94- 16 & LUP 94-18 Page '2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family residential Property North County Residential Low R-3 Single family residential South City Residential Low RS-4 Single family residential East County Residential Low R-3 Single family residential West City Institutional PISP Central Christian Church and Wilhelm's.School ZONING RESTRICTIONS DESCRIPTION r:A:€::.::y:+> ;....,;?...,RS',. - RS 6 EXISTING . t ktllfiMNTS REQUIREMENTS . > ' ' Density :?. :?•=ii:: X24: 5'?f v`.?,ti.{:r i?i>i \:::?'h'f t .Y;':r .z:?{; ?.: ? : 5 5 u p a max 4 0 u a . . . . . . ,p. . Lot Area >1,0000"s` `? ftli=' <r'< 7 000 s ft min 11 040 s ft : , , . , q. . Lot Width at :>}>'!Q' 90 f min t 92 ft back line . . . t h ftD P :...._ 9Q.:t'rnlr 85 ft. min. 120 ft . OTHER REQUIRED REVIEWS AGENCY YES 'NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-2 Single Family Residential (County) RS-4 Single-Family Residential "Four" (City) RS-6 Single-Family residential "Six" (City) u.p.a. Residential units per acre r " ?wti. ' i ORDINANCE NO. 5649-94 AN ORDINANCE OF 'THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF KEENE ROAD AND MEADOW LANE, CONSISTING OF LOT 1; BLOCK C, MEADOW 'CREEK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1231 KEENE ROAD, INTO THE CORPORATE LIMITS .OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDF SAID.ADD,ITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to. annex Ithe property into the City pursuant to Section 171.044, Florida Statutes,' and the City has complied with all applicable requirements of Florida law in. connection with'this ordinance;'now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater'and the boundary lines of the City are redefined accordingly: Lot 1, Block C,'Meadow Creek Subdivision, according to plat thereof recorded in Plat Book 36, Page 26, public' records of Pinellas County, Florida. (A94-16) Section 2. . The provisions of this ordinance 'are found and determined to be consistent with 'the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way' and other. ded i cat i ons to. the public which have heretofore been made by p1at,'deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon'the official maps and records of the City. Section 3: This ordinance shall take effect immediately upon adoption. The'City Clerk shall file certified copies of this ordinance, including the map attached, hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption., and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED-ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and correctness: M. A. Galbraith, Jr. Senior Assistant. ty Attorney . r , ?qt A'iYi t•`.• '??. • y 35.x. .. ;J- ' f! Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk .M i . . 1 .. '.. .. a r, r - •• .. . . .,.s:.ate ORDINANCE NO. 5650.94 AN ..ORDINANCE OF -THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF. THE + COMPREHENSIVE'PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST' ' CORNER OF THE, INTERSECTION OF, KEENE ROAD. AND MEADOW' LANE, CONSISTING OF.' LOT 1, BLOCK C, MEADOW CREEK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1231 KEENE ROAD, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. element of the WHEREAS, the amendment. to the future land use plan , comprehe6,s i ve plan of the City as set forth in this ordinance is found to be the, City's reasonable, proper and appropriate, and is consistent. with , Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLE•;ARWATER, FLORIDA: Section 1. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category • Lot 1, Block C; Meadow Creek-Subdivision, Residential Low according to plat thereof recorded in Plat Book 36, Page-26, public records of Pinellas County, Florida. (LUP 94-18) Section 2. .This ordinance shall take effect immediately upon. adoption. PASSED ON FIRST READING PASSED-ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to,'fo m and 'correctness: Attest: M. A. Ga rait r., Cynthia E. Goudeau , ; Senior Assista City Attorney City Clerk P. , ., r 4.1 ay I e I e , ' F t t , r ? is f . F i ORDINANCE NO.' 5651-94 AN ORDINANCE OF THE CITY OF- CLEARWATER, FLORIDA, 'AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF KEENE ROAD AND MEADOW-LANE, CONSISTING OF LOT 1, BLOCK C,. MEADOW CREEK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1231 KEENE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 4 (RS-4); PROVIDING AN EFFECTIVE DAVE. WHEREAS; the assignment of a,zoning district classification as set forth in thi's ordinance is found to be reasonable, proper and appropriate, and is 'consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,..FLORIDA: Section 1. The following described property located in Pinellas.County, .Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows:F ; Property Zoning Districi t Lot'1, Block C, Meadow Creek Subdivision, RS-4 - Single-Family' according to plat thereof recorded in Residential 41, Plat Book 36, Page 26, public records of.Pinellas'County, Florida. (A94-16) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the-City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 5649=94. PASSED'ON FIRST READING PASSED ON SECOND'ANb FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved'as to fora and correctness: Attest: M.'A. Gal rait , i Cynthia E. GoLldeau Senior Assistant-City Attorney City Clerk • : 4 A :. :. u, ' 1 T ? .:' . ii. , %a ? ' •.w? ;,-.rr r 50 ? ?.,: ?.:-r •,. h.lti.. °-'d'?-- N,-5.. ;;"?;:. ?:'? ?? R ?;,??.. b a ? 1 . r1c . t: . YY Y- ? 4.Y. ,;..• ?'. ?? rs.:?..: y? ?:;..:?:; r-r.. ?:'?i.,: - ?'•.:D: h' q .. •..w:: .? ... - . c , •? : ; ti7' :?:i ... S:i.,?y ..':' ..!r. ?. ... .:. ? ESTATES 3: 1 02 =: ..?.,- ?== >?AU: ,_, r.l,,,...? •a. n•{ Y., •M-w.r• ,:.;- : Dftl - ?. ' , ±sNr-i.' ..?.? ?.? 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Ft i:,.St? tr1?L . .. 2 .7 LKJC .:..>w. ?' :!'? •rC `: "vh.?:'.l ..: YA?• s .. :,? "":`.•T.: `?'` :L'f: C gG VGfiLi CIRCLE P ¦ ! N. ,? :'i•f°ii"'?;i C .a.,:: IA pWA? R r.'s.?'cl VT F S L - % os =6 1; .0 3 , 1 4 Rf5 p?.• E '. £ • ' . ' } ? - 1.4 13 fztz rzry 12 11 , 2 A 1. , .32 1 7D •.;• s. 9?1 l r ?.t?? ?L' . , 1'1,4'11,:11 ?1?iii1=' ?;• ? - •: ::i1'm Dl"?':. •. ,, . .yrsaa?h.,:' :: •L ?:i"?;ti':L ?t?;'?° "?'i?? '_ -i?:: ?' ? Q !2!6 „ " ? ' VAC t.? ' '..t'^ _ :»•,Zii:' :v??' 3• .tat. "' ':i ;; '• ::'. 4 12 . • ' 1254 ': l.: SS. A' w .?'tif BRENTWOOD 101 a 4 Y . :;:. g 7_ 6' 10 t1 ' 1.2.. .16 i-J . 1.3 ?iz?'s 2Zr LLA O O ? •': a3 sr J C•1 . 4 ?0: M 60 a .+ ••- • •700:• '?? ?' 1=: - . ? , •' ' ? ? NI '?•° i. . ?,•- .. .. A ...? -.J: L :..=5 =_.. 3: {.r..... .?r::.h l. ati4:: ?=J . ---•• ... ?. ... , , , .... M PROPOSED ANNEXATION LAND .USE .PLA.N CLASSIFICATION and fONNG C• 9, r-, W O D E F. A. q y- t 6 EC A NT APPLICANT PROPERTY DESCRIPTION 'LAND USE PLAN ZONING Lo ?-k c t MEA3) o w C- F-cv- ,:,OUNT•Y RES1'DENr1AL L 0 W o, .G AC8ES• :CZT,Y RESIDENT 1 Al_ LOWS L4 RIGHT OF: WAY ' ACRES PLAHNING and'ZONING BOARD CITY COMMISSION SECTION '2 L4 TOWNSHIP 2•q s RANGE E ATLAS PAGE 30 6 A 7 , 3 r it rr i? I ? yS ? N I .?.tat;Pur? , L r r .D' a ?ti..?una7 p o1 1 c fiI 'S •tl ? ?? •u ? e1 j +Sm • L smDun f V r cn a,? y r , N ! m V ? Q f p ? r " ?• ^b ?aLt? I ?? r -? o r r rp 1 f In ' DAY F. Inzi PH 1i N I Q to • PH .yUZON j . ¦ R , ? ono -; ¦ ? t G1O v ? ? , i SAY Pux10 TR ? ? /;rnt?S?H s5u?;;• ? ° N ' N 1 - - - - -- - I s c • 9A?' 1snoss3ll ti ? r gl"AXIJ I l .. • wiwl 1:+11... ' t 3.A rf 5 .4 ? ' ..Y•r. ? ` 1 `,1?I 1 " r e ,°..;'SYrG?•.jy;,?r?r,r?.•!•?;,- ??f.eh, ,r. :r ?. .. ?!" .? ? ?' : ??, :1' ?; •t{t ?;:}i;: Sri': ;f.?};,.,R''. ••'? •? fL' t1 ?r. ?.? - .. .. .•1 .. .r 1?? t. '?y!'i ?i •. - ia'<! .t'. .s `I "? i ? r .a, 1 t I ? . > }• a `1 'z. EN-DA? . "? 1 ?' I ry13 I TIE #_ , it ? .. r .. ? ` ? .? ? FI •? • '??1. rW ?{ =, •.E, f:sF' ? . , r ? ? ? r r r s' r 1, ? - 1, ` ? . ? .. '.1? 'rt•h: w???er?? ___ ?1.? __ • ,'.t 1 .- z. r,t'?'?!L ?? !??:4, h,rryw '.Ir. r•1' i ,j INS f ' Item # Clearwater City Commission Meeting Date: Agenda Cover Memorandum - 7, SUBJECT: 20th year Community Development Block Grant Final Statement and Objectives RECOMMENDATIONNOTION: Approve the 20th year Community Development Block Grant final statement and objectives for FY 1994-1995 ® and that the appropriate officials be authorized to execute some. BACKGROUND: The City of Clearwater will begin the 20th year of Community Development Block Grant (CDBG) funding on October 1, 1994. The 20th year entitlement award is $1,108,000, program income is expected to generate $'100,000, carry-over from prior year unexpended funds is anticipated to generate $200,000, and carry over of the FY 1986-92 funds generated $929,752; the 1993-1994 budget will allocate $2,337,752. There were 32 requests for funding received from 20 separate agencies. Two of the applications were declared ineligible due to the U.S. Department of Housing and Urban Development guidelines. The attached rating sheet includes a summary description of all requests; the applicants requests are included in a separate book. These funding requests and the 1994-1995 budget were the. subject of a Technical Review Committee meeting and several Neighborhood Advisory Committee meetings held during the months of June and July 1994. The budget included in the Final Statement is a combination of both committee's recommended budget. The additional recommendations made by the Neighborhood Advisory Committee are listed as follows: 1. City Commission shall award $5,000 from the Social Services Grant Program to the Girls Reviewed by: Originating Dept: Costs: _¢_2,337.762.00 Commission Action: Legal N/A C NOW DEV LOPMENT Total O Approved Budget Purchasing N/A ? Approved w/conditions Risk Mgmt. _ _ N/A User Dept: Current Fiscal Yr. ? Denied Cis N/A ? Continued to: ACM' Funding Source: Other . ? Capital imp . Advertised: 17 Operating Attachments: Date: 07/20/94 ® other Federal rants 1. FY 94/95 Final Statement Paper: Tampa Tribune 2. CDBG Rating Sheet ? Not Required Submitted by: Affected Parties ? None ? Notified Appropriation Cody To be established X Not Required C Na ger irk Printed on recycled paper . `'r? i" .2- Club King's Kids Program. 2. City Commission shall award all remaining unallocated funds from the Social Services Grant f=und to the North Greenwood Association." 3. City Commission use General Revenue Funds to pay the $37,409 match required by the' ' Police Department's - U.S. Department of Justice Anti-Drug Abuse Act Grant Program to provide Community Policing, in the South Greenwood Neighborhood. . FINAL STATEMENT CDBG PROGRAM 1994-1995 DESCRIPTION OF USE OF'FUNDS CITY OF CLEARWATER, FLORIDA FUNDING RESOURCES Entitlement for 1994-1995 $1,108,000 -Estimated Program Income 100,000 Carry-over of prior year unexpended balance 200,000 ' Carry-over,of.FY 86 -92 unexpended balance 929,752 $2,337,.752 PROPOSED EXPENDITURES Public Services $ 166,200 Public Facilities 329,794 Rehabilitation 242,463 Relocation 10,000 Special Activity by Subrecipient 4,500 Acquisition 914,930 Disposition 40,000 Economic Development 233,265 i Code Enforcement 175,000 Administration 22,1, 600 " $2,337,752 ATEA .' l • . l ? ljr' Nw'! x.71 , : p' ; .F=•'r. 47`: •?}fit r.o- ,?! ?'. dr41,t's 7'??r1K Wil u,t i :AOIi: / V Jt{ r? .f't. .. a ''. .1 r . I - CITY OF CLEARWAT COMMUNIT BLOCK GRA ' J DESCRIPTION r: . 1S ? 4 'yam ' 1 ,"., , Y. , s R'•'?'" l , •? ?'i ?_• St Fr tJ $' E R ;. s J y' . (,DEVELOPMENT, J NT } -1 995 • -F: OF. -USE OF FUND'S* r .1 4 I,. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINAL STATEMENT OF OBJECTIVES The primary objective of the Community Development Block Grant Program. is the development of viable urban communities, by providing decent housing and suitable living environments and expanding economic opportunities, principally for persons of low and moderate income. Consistent with this primary objective, not less than 70 percent of the aggregate of the federal! assistance approved by this program shall support of activities that benefit persons by low and moderate income. The federal assistance provided by this program to the City of Clearwater is provided for the support of community development activities which are directed toward the following specific objectives: Aid in the elimination of slums and blight and prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community, principally persons of low and moderate income; Aid•in the elimination of conditions which are detrimental to the health, safety, and public welfare, through code enforcement, demolition, interim rehabilitation assistance, and related'activities; Aid in the conversion and expansion of the housing stock in order to provide a decent home and a suitable living environment for all person, but principally those of low and moderate income; 1 3 Provide a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other 'needed activity centers; Aid in the reduction of the isolation of income groups, within communities and geographical areas and the diversity and vitality of neighborhoods through.the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deterioration or deteriorated neighborhoods;- Aid in the restoration and preservation of properties of special value for historic, architectural, or esthetic reasons; Aid in 'the physical and economic distress through the stimulation of private investment and community revitalization in areas with population outmigration or a stagnating or declining tax base; and ,_ 1 1, Aid In the conservation. of. scarce energy resources, improvement of energy efficiency,. and the provision of alternative and renewable energy sources of supply. The Community Development Block Grant Program also addresses local objectives which include'the following: Providing, emergency or interim housing 'to low and moderate income persons and families without shelter; ; Minimize involuntary displacement due to. CDBG assisted activities or when displacement is unavoidable, mitigate its adverse affects on low and moderate income households; Address the housing needs of low to moderate income elderly, handicapped, female headed households,•large family household - and other groups with special needs; Provide improved neighborhood environments, especially in'low and moderate income areas•to include protecting and enhancing the natural and man made environments in all aspects; Provide a full range, of public utilities,' facilities- and infrastructure of'appropriate quality to meet the particular needs of low and moderate income residents; and' Provide a full range of human services as necessary to meet therneeds of low and moderate income person, the elderly and handicapped. ? rhl r3'Y`? ?rV' ?. ?i??ll ?' 1r?.? y?rl, :• .i .-1 ?`.????Xs ` .• -1 (fir. g ,.Y.C a ? J J ' FINAL STATEMENT 'j CDBG PROGRAM 1994-1995 DESCRIPTION OF USE OF FUNDS CITY OF CLEARWATER, FLORIDA FUNDING RESOURCES Entitlement for• 1994-1995 $1,108,000, Estimated°Pragram Income 100,000 ?'. Carry-over of,prior.year 'unexpended balance 200,000 Carry-over of FY 86 -92 unexpended balance 929,752 $2,337,752 PROPOSED EXPENDITURES Public Services $ 166,200 Public Facilities 329,794 ,.. Rehabilitation' 242,463 Relocation 10 000 Special Activity , by Subrecipient 4,500 Acquisition 914,930 Disposition 40,000 Economic Development 233,265 ' Code' Enforcement 175,000 - 'Administration 221,600 .. r ac_ccascccac . ' $2,337;752 i DESCRIPTION'OF USE OF FUNDS Public Services The. Salvation Army, 1625 N. Belcher Road, Clearwater, Fl 34525. This gtant'will provide support for staff salaries at the-1120 N. Betty Lane facility in Clearwater to serve the homeless.' The -'', overnight homeless shelter will provide s afe-lodging for chronic homeless individuals. ($43,051) Boys and•Girls Clubs of the Suncoast Inc:, 2936A Tanglewood Drive, Clearwater, F1,34619. Operating support for youth."club's activity program located in the 284 unit Condon Gardens public' housing development'. ($15,000) Girls Inc., 2936B.Tanglewood Drive, Clearwater, Fl 39619. Funding for certified teacher and supplies for after school. tutoring program at Condon Gardens and operational support for staff' { ?;.i? : ;?.'? _. { ` Cis. ,:y('`,• ` r ,. r ?. ?,.' 'r'? f,?f! FAR :: ? ; Via(: +'. x• s i . f salaries to provide after school and development for 58 girls in the Condon Gardens Housing Project. ($21,844) Partners in Self Sufficiency, 210 S. Ewing Avenue, Clearwater, F1 34616. Operational support for this program will provide a comprehensive support system of education, housing, child care and counseling for low income families, principally those with single heads of household. ($32,000) Community Service Foundation, III S. Garden Avenue, Clearwater,' Fl 34616. This program provides emergency rental counseling and assistance, eviction counseling, referrals and housing placement. Funds to be provided to be used for operational support for the Central Housing Assistance Program. ($40,316) Pinellas Opportunity Council, Inc., P. 0. Box 11088, St. Petersburg, Fl 33733-1088. This program provides housekeeping services to the low income elderly, who are unable to care for themselves throughout the City of Clearwater. Fund's will be used to provide.administrative'support to the agency. ($13,989) PUBLIC FACILITIES AND IMPROVEMENTS Community Pride Child Care Center, i235 Holt Avenue, Clearwater, 'Fl 34615. This program provides child care opportunities to children primarily from the North Greenwood Neighborhood. Funds provided to be used to renovate the buildings located at 1235 Holt Avenue. ($31,634) Homeless Emergency Project, 1200 N. Betty Lane, Clearwater, Fl 34615. This program provides transitional housing for the homeless in the City of-Clearwater. Funds provided will be used to renovate an existing storage garage into sleeping rooms to house the homeless. ($80,000) Religious Community Services, 1855 Highland Avenue South, Clearwater, Florida, 34616. This program provides transitional housing to homeless families in Clearwater. Funds are to be provided to relocate and convert four duplexes for emergency housing and to provide architectural, legal , and accounting services leading to the production of buildable plans. (129,300) The Salvation Army, 1625 N. Belcher Road, Clearwater, Florida 34525. This program provides housing opportunities for the Homeless .in the City of Clearwater. Funds are to be provided to consultant and architectural services for predevelopment funding to enable the process of searching for locating, designing, -and, rendering building documents to secure realistic costs for establishing a permanent Homeless Drop Inn Center facility. ($30,700) Gulf Coast Jewish Family and Mental Health Services, Inc. 14041 Icot Blvd. Clearwater, FLorida 34620. This, program provides = r ' / 1 t services to AID/HIV individuals in the City of Clearwater. Funds are to !provided to renovate a vacant building located at 407 Arcturas Avenue, Clearwater to house counselors for providing services to individuals with AIDS\HIV. ($50,000) YWCA of Tampa Bay, 222 South Lincoln Avenue, 'Clearwater, F1 34616. This program provides health, education,,counseloring services, and child care to pregnant teens in the City of Clearwater. Funds are to be provided to install a.heating and air conditioning system to the facility located at 222 South Lincoln Avenue. ($8,160) REHABILITATION 1 City of Clearwater, P. 0. Box- 4748, Clearwater, Florida 34618. Clearwater Neighborhood Housing Service, Inc., 1002 N. Greenwood Avenue, Clearwater, F1 34615. This program provides administrative services for city rehabilitation loans, inspection services for all City and CNHS loans, loanable funds for Challenge'2000, Emergency Rehabilitation, and Deferred Payment loans made by the City and- CNHS. ($242,463) RELOCATION 'City of Clearwater, P. O. Box 4748, Clearwater, F1 34618. Clearwater Neighborhood Housing Service, Inc., 1002 N. Greenwood Avenue, Clearwater, F1 34615. Provide funds for temporary relocation for City and Clearwater Neighborhood ' Housing Service, Inc. rehabilitation clients should they have to move temporarily while their home is being rehabilitated.'($10,000) SPECIAL ACTIVITY BY SUBRECIPIENT Community Service Foundation, 111 S. Garden Avenue, Clearwater, F1 34616. This program provides various housing assistance services for residents of the, City. Funds to be provided to be. used for activity delivery costs for applicants who participate in the City sponsored homebuyer's programs. ($4,500) r' ACQUISITION Religious Community Services, 1885 Highland Avenue South, Clearwater, F1 34616. This program provides transitional housing opportunities to homeless families in the City of Clearwater. Funds provided are to be used to purchase two parcels of land at 1552- 1558 S. Myrtle Avenue for transitional housing,sites.•($100,000) r : s ` i Clearwater Neighborhood Housing Service, Inc., 1002 N. Greenwood f Avenue, Clearwater, F1 34615. Funds to be provided are to be used to pay - for appraisals, title insurance, surveys, and etc, in association with purchasing land in the North Greenwood Neighborhood for the agency's Infill Housing Program: Funds will also be used to acquire these properties. ($294,930) Tampa Bay Community Development Corporation, 1499 Gulf to Bay Blvd., Suite 201, Clearwater, Florida: This program provides homebuyer opportunities to families and individuals in the City of Clearwater. Funds are to be provided for acquisition to low to moderate income families to purchase houses in the City . of Clearwater. ($270,000) Clearwater Housing Authority, 210 S. Ewing Street, Clearwater, FL. 34616. This program provides homebuyer opportunities to families and individuals in the City.. Funds are to' be provided for predevelopment costs of a multi-family/single-family affordable housing development. ($250,000) DISPOSITION Clearwater Neighborhood Housing Service, Inc., 1002 North Greenwood Avenue, Clearwater, F1 34615. Funds to be provided are to be used to fund the costs conveying property. from Clearwater Neighborhood Housing Service, Inc. to the owners of the new housing units, built in the Infill'Housing Program. ($20,000)' Tampa Bay Community Development Corporation, 1499 Gulf to Bay Blvd., Suite f#201, Clearwater, Fl. 34615. Funds to be provided.are to be used to fund the costs of conveying property from Tampa Bay Community Development Corporation to the owners of the new housing units built. ($20,000) ADMINISTRATION City of Clearwater, P. O. Box 4748, Clearwater, Fl 34618. Funds to be provided to be used for administration -of subrecipient contracts, program monitoring,, financial reporting, and compliance with applicable federal regulations for the Community Development Block Grant Program, HOME Program, SHIP Program, and any other applicable program administered by Economic Development Department. ($221,600) ECONOMIC DEVELOPMENT Clearwater Neighborhood Housing Service, Inc., 1002 N. Greenwood Avenue, Clearwater, F1 34615. Funds to be provided are to be used ' to provide employment opportunities for low to moderate income 5l ??? r ' i . •? ? ? FE • r 1 a :•Iv r : 1 1' _` r r t i - r e' t' :ay I 7r persons. Direct' loanable funds to for profit businesses.''and 7 eligible activity delivery,costs. ($87,380) Pinellas Private industry Council, 13770 58th St. North, Suite 312', Clearwater, FL 34620. This program 'provide 'employment-- and educational opportunities to low to moderate income' individuals who participate in the Youthbuilders Clearwater,Program.'Funds.are to be provided to pay 'the minimum wage training salaries for two groups of 15 youths. ($24,446), Clearwater Police Department,, P. 0. Box'4748, Clearwater, Florida. This program provides employment,opportunities to approximately 30 young..adults in the NuCops Program. Funds are to be provided for saliry' support of, the individuals to be hired by the; police department. ($21,439) City of Clearwater, P.O..Box 4748, Clearwater, Fl 34618. Funds, to be provided for the City's Economic Development. Loan' Pool. This program,. will provide small, busine6s loans' to for profit businesses • . who create of retain employment opportunities for low to moderate :r. income individuals. ($100,000) CODE ENFORCEMENT 'Clearwater Neighborhood. Housing Service, 608 N. Garden; Avenue, . Clearwater, Fl. Funds are to be used for administrative support to operate a code enforcement,' program in the 'North Greenwood 'Neighborhood. ($1.75,000) ';f Y?' - 14 E ° - y kz ' • a4 - ' l '' ? '? , rya° f '? 1o?:.S? %Y.y,S 1' .l ?,l: ' ,',x. .. ? .., .. !? .'t. r ? ,_ c, s :,., :s'I tl.• .. ??bL t.. a<.?e: =' ,-`. ji, ::?S ?-r??y ?Y4ry Rt?!?r?` r • ? < 'i ?,e 1 _. r t ce fir.' "• 'ti ' r ?f • 1 n??• . 1 .. < t ? t ? f l. ,1 ? "J h?'??J - ' P e ? r pp l i ''rttL i ' - ,. rl • 'i - . 1 1 ,ly? ? - e? , ' -? ? t I a 1 •' 'f t r .l •?? . ' . . i ( ,? .1 . Ir r J _ . '1, ?. ?...•?q t ' )?? f. ..i '. ,. :,T,?•.'Rt':fe,{„{;„.;.. a.,.. t?, ,. .. ? r. '' ?. '? 1 - r. : .. ?. `r .. -,. .. .AL?a'`?• LOW TO MODERATE'INCOME BENEFIT STATEMENT. ; of',the• proposed 'expenditures listed in the' Fiscal' Year 1994-1995 . . Final Statement,:the following are'the estimated-amounts of those . funds" pr' oposed to'be used, for activities that will.'benefit directly ' low and'moderate'income persons:' '?.. Services Public $ 166',200 ' , Public Facilities " 329,794' Rehabilitation 242 463 , ; ,j ..: Relocation. 10, 000 r '. -.:. ?; ; . • ' , .. Special Activities by . r Subrecipient 4, 5 D D ; . I Acquisition 954,930 _ Disposition 40; 000. .'t Economic Development 233,265' ? Administration 0 < Code Enforcement 0 . t 981; 152 , Ala e. I ? E .. '$ t • ? j S t ? ` ? ? r? ' ?? ,lr ? - , ` ! r{. 'i,. r ' ' ' ? ? .? ? 1 ? ' . t 1 , ,. , - ? ? ? s ? '•.S''4{'r+ '. I - ' i .r r• .. . ? ` i a. 9 ' f !F, t ?V 1: • i .S Syr: _ .t ?_ ,. .' , r , e r`?, ? ••t z,# i•? s,j^? ?? s?e t'99 .S I, ., •y ? •r ? err r ,r. Z YY? I 1 i Community Development Block. Grant &,,Social' Services''Grant-• .'.Technical Review:Committee Members`:` Representative '.Agency Barbara-Butz Florida HRS Robert Aude Williams Architects' Sandie'-Hugg Morton Plant Rehab Center Elizabeth Smoot P.T.E.C.- St., Petersburg Lolita'Brown S.P.J.C., Jerry Mitchell,' ' Pinellaa ' County Human Rights :t .'.,: r ,• .?'tz ?.:ry., 1•I •. .'r ei + t? • ? P ., I < 1 •. / • r, .. 1 ? r'.. ?, t it i, • r CrrY . OF CLEARWATER SOCIAL SERVICES GRANT AND COHbMNITY DEVELOPMENT BLOCK GRANT SIIBRECIPIENT RANKING SYSTEM APPlicant Name: -------------------- --------------- ----- -- Address: ------------------------------------------ -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , r r Proposed use of Funds •---------------------------------------- Amount Requested $ Qee=?esaae::saae=asaaaas=aaea=aasaaaa=aaaaaaaaaaaaas?aesrsaaaesaxressrarsaie?s?e , 1. MANDATORY EVALUATION FACTORS (CDBG ONLY) A. Does the project meet the basic CDBG eligibility for the National Objectives? If yes, identify National Objective. (Low Moderate Income Benefit, Aid in the Prevention and Elimination of Slum and Blight or Urgent Need) [ YES - Proposal continues through processing.. [ 3 NO If NO, do not continue the evaluation, funding is automatically denied. B. Are the goals the agency'wishes to accomplish with the CDBG funds consistent with the City's Affordable Housing,Strategy or Comprehensive Plan? ( ] YES.- Proposal, continues through processing. C ] NO If NO, do not continue the evaluation, funding is . automatically denied. Y. C. Is the request for funding considered- necessary and appropriate? [ ] YES - Proposal continues through processing. [ NO If N0do not continue the evaluation, funding is automatically denied. Subrecipient Ranking System - page 1 of.6 - s, , D. What is the agency's capacity to carry out the functions `of ' the program? Does the agency have adequate staff to implement the program within federal: mandates, [ ] YES - Proposal continues-through processing. C ] ' NO If NO, do -not continue the evaluation, funding is automatically denied. E. Was the application as submitted complete? Did it provide all the information asked for in the request for 'proposals? 2 [ ] YES - Proposal continues,through processing. [ ] NO F. Is the agency a registered 501 (C)(3) Non-Profit Agency or in the process of obtaining one vithin the next 6 months? [ ] YES - Proposal continues through processing. [ ] NO G. Has agency received any federal grant awards before and. what - was, the history behind 'them? Did they receive any major monitoring, findings that would disqualify, this present application? C ], NO - Proposal continues through processing. [ ] YES ' H. Are the services' to 'be provided a duplication of services provided by another existing agency? [ ] NO. [ ] YES , I.• Has the agency had a financial audit with any outstanding findings that would disqualify their present application? [ l . NO L ] YES J . Does the agency have a good history of being a service provider to the community? [ ] YES [ ] NO Subrecipient Ranking.'System - page 2 of 6 - r ! 1 I . • ' r i , .I '1 I I 11. IMPACT ON LOW INCOME PERSONS - 30 Points Evaluate only the proportion of low to moderate income households or individuals of the total households 'or individuals to be helped by the proposed program.'. 0W to 691 0 points 704; to 79%- 15 points ,80k to 89* 20 points 90!k to 99k 25 points look 30 points III. RATING.OF AGENCY AS SERVICE PROVIDER - 30 Points 1. Does the information presented demonstrate that there is a documented need for the program? (2 points) 2. Does the application describe"the services and/or resources presently in place•for resolving the problem? (2 points) 3. Is the target population well defined? (2 points) 4. Is the need clearly described 'and does it explain the relationship between the service, the population to be served and the linkage to the projects identified as essential,for community development? (2 points) 5. Is the facility licensed to provide these services? (2 points) 6. Are the services to be provided measurable? (2 points) 7. Are the objectives specific, tame-related, realistic and measurable? (2 points) 8. Is there a direct and feasible relationship between program services and outcome measures? (2 points) 9. Is professional' expertise and experience documented through certification, educational attainment or past performance? (2 points) 10. 'Is there a satisfactory record of the agency providing the proposed type of service? (2 points) 11. Does the agency have the the financial capability and resources to successfully support the proposed services? (2 points) Subrecipient Ranking System - page 3 'of 6 - .1`4 1r I? a1 , • ?f4't r/? i i r, 12. Does the agency have the administrative capability to account. for the funds received, administer the proposed program, maintain the necessary records? (2 points) 23: Are there additional committed resources available for this program? (2 points) 14. Did the agency provide any data on its plan for self sufficiency? (2 points) 15. Is the percentage of the total agency's budget for administration below 20k? (2 points) BONUS SERVICE QUESTIONS 16. Does the proposed program address a Priority I- need area identified in the I-COPE study? (5 points) 17. Does the proposed program address an,item with 51%, consensus as a priority in the community consensus report? (5 points) IV. LEVERAGE OF OTHER FUNDS - 10 Pointe BONUS Evaluate on the basis of committed funds only. Percentages refer to proportion of CDHG/SSGP funds to the total program budget.. 1$ to 20t 10 points 21% to 40%- 8 points 41t to 60t 6 points i 61t to B0t 4 points alt to 99t 2 'points 100 0 points V,' HOD NATIONAL OBJECTIVES - 25 Points Maximum 1.' Does the agency aid in the elimination of slums and.,blight and the prevention of blighting influences and the deterioration 'of property and neighborhood and community facilities of importance to the welfare of the community, principally to persons of low to moderate income? (3 points) 2.' Does the agency aid in the elimination of conditions which are detrimental to health, safety,, and public welfare; through code enforcement, demolition, interim' rehabilitation assistance, and related activities? (3 points) ?' Subrecipient Ranking System - page 4 of 6 - 3'. Does the agency aid in the conservation and expansion of the ' community's housing stock in order to provide a decent home and a. suitable living. environment for all persons, but principally those of low and moderate income? (3 points) 4. Does the agency aid in the expansion and improvement of quantity and quality of community services; ,principally. persons of low'and moderate income, which are essential for sound community development of viable urban communities? '(3 points) 5. Does the agency provide for a more rational-utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational and their needed activity centers? (3 points) 6. Does' the agency aid in the reduction of the isolation of income. groups within communities and geographical areas and the promotion of an increase in the diversity and vitality of. neighborhoods through the spatial deconcentration of housing opportunities' for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods? (3 points) 7. Does the agency aid in the restoration and preservation of properties of special historic, architectural or aesthetic value?, (I point) 8. Does the agency aid in the alleviation of physical - and economic distress through the stimulation of investment and community revitalization in areas with population out- migration or a stagnating or declining tax base? (3 points) 9. Does the agency aid in the conservation of energy resources, improvement of energy efficiency., and provision of alternative and renewable energy sources of supply? (3 points) VI. FAIR HOUSING: (15 points) Does the proposed program aid in efforts to affirmatively further fair housing?' Subrecipient Ranking System - page.5 of 6 gas j.F.. .. .. .. ., r . • , ;fir: ?:?s;,? ' . i 1 i `, f r ? F ' ?f "3. , . , r r i, • rr 1 E` , 51r?• ' ? ? ` , ? y 1 ^ ! ? ` ! i 1 , r • r < r - . . [ : d.. . a . / , ? .. .. ?, sJ ........ - ' ,tEs'J .. ? j' ... a.. .) r l . . .. _. . .. , .. ? . . r _iSr r l.Y ..f SCORING SUMMARY: TOTAL POINTS= 100 (MAXIMUM) I.- 10 MANDATORY CDBG EVALUATION FACTORS: `BENEFIT TO LOW AND MODERATE PERSONS • " II: ,. (30 POINTS MAX) : Ill. , SERVICE PROVIDER ANALYSIS, (30 POINTS MAX) : ' SERVICE BONUS (10 POINTS): IV. LEVERAGE BONUS (10 POINTS) : V.' • NATIONAL OBJECTIVE ANALYS I S , (25 POINTS MAX) : -; VI.. FAIR HOUSING IMPACT (15 POINT'S MAX) .: 1• OVERALL SCORE (INCLMiNG BONUS CAN NOT EXCEED 3.00), . ' ? , ' , ' ? • ' ' t ? ? , ? ? . it . L •, 3 1 r r [ , . r 1. . r r St,' 1 ' SubreciPient Ranking System`- Page 6 of ,6 - ` MEN , NAC and TRC Scoring f ' l ' i Agency Pro ect Amount NAC Score TRC Score HEP Public Facilities 80,000 .88.5 RCS Public Facilities 229,300 87.0 Salvation Army Public Facilities 30,70¢ 82,8 YWCA Public Facilities 8,160 80.2 Gulf Coast Public Facilities ' 50,000 79,8 { Community Pride Public Facilities 31,634 79,4 j Public Facilities Subtotal 429,794 }}} Project Self Sufficiency Public Services 32,000 94.5 77,0 Community Services Foundation Public Services 40,316 92,2 79.4 Salvation Army Public Services 43,051 .83,8 76.7 ' Boys & Girls Club Public Services 1.5,000 82,0 72.0 Pinellas opportunity Council Public Services 13,989 81,0 70.3 Girls Inc. Public Services 21,844 81.0 53.8 I Q'??k T : 3`R rt s?Iyvi *.k?? ''?+4 79.5 67.7 MR! ?k??y ?? ?tY • k > yZ`i'h?? 76.6 44.4 ub t :l+C??-s0i3' 71.7 45.0 71.0 63.7 65.8 48.6 Public Services Subtotal 166,200 Habitat 3 In-Fill Housing' 97.6 Community Services Foundation In-Fill Housing 4,500 92.2 ' Clearwater Neighborhood Housing Services s In-Fill Housing 59,397 91.8 Clearwater Housing Authority In-Fill Housing 250,000 82.3 ' Clearwater Neighborhood Housing Services ; In-Fill Housing 275,533 82.2 Tampa Bay CDC, In-Fill Housing 270,000 77.7 In-Fill Housing Subtotal 859,430 Clearwater Neighborhood Housing Services' Housing Rehab 239,548 84.0 Clearwater Neighborhood Housing Services Housing Rehab 12,915 _ 65.5 ' Housing Rehabilitation Subtotal 252,463 Clearwater Police Department Economic Development 21,439 90.0 Pinellas County Private Industry Council Economic Development 24,446 84,0 Clearwater Neighborhood Housing Services Economic Development 10,757 80.5 CtearwaterNel hborhood Housln Services Economic Development 76,623 79.5 Economic Development Subtotal 133,265 Clearwater Neighborhood Housing Services Code Enforcement 175,000 75.3 Total CDBG Funding Recommendations: $2,016,152 agencies shadod In pray ware not rocornmendad rot CDBG funding ° #= ^<i> :' i'.`>:'3?}? s• NAC requests funding for this agency from the Social Services Grant Program s NAC Requests funding for this agency from the General Revenue Fund 3 agency will recleve balance of funds requested from the HOME program 4 agency will reclevo balance of funds requested from the SHIP program Nt3: Two Agencies ( Sgt. Allen Moore & Head Start) submitted appilcations requesting funding not elI able under the Ct3BG Program_,_ _ _ r5?" Funding Allocation Proposal CDBG HOME SHIP Agency Project Amount CDBG HOME SHIP HEP Public Facilities 80,000 80,000 RCS Public Facilities 229,300 229,300 Salvation Army Public Facilities 30,700 30,700 YWCA Public Facilities 8,160 8,160 Gulf Coast Public Facilities 50,000 50,000 Community Pride Public Facilities 31,634 _31,634 Public Facilities Subtotal 429,794 429,794 - - Project Self Sufficiency Public Services 32,000 32,000 Community Services Foundation Public Services 40,316 40,316 Salvation Army Public Services 43,051 43,051 Boys & C-irls Club Public Services 15,000 '15,000 Pinellas Opportunity Council Public Services 13,989 13,989 Girls Inc. Public Services 211844 21,644 Public Services Subtotal 166,200 166,200 - - Habitat In-Fill Housing 50,000 - 50,000, Community Services Foundation In-Fill Housing 4,500 4,500 Clearwater Neighborhood Housing Services In-Fill Housing 122,441 59,397 63,044 Clearwater Housing Authority In-Fill Housing 250,000 250,000 Clearwater Neighborhood Housing Services In-Fill Housing 305,533 275,533 30,000 Tampa Bay CDC In-Fill Housing 300,000 270,000 1 30,000 City Housing Development Pool Housing Development 542,054 - 435,173 106,881 . Housing Development Subtotal 1,574,528 859,430 548,217 166,881 Clearwater Neighborhood Housing Services Housing Rehab 267,548 239,548 28,000 Clearwater Neighborhood Housing Services Housing Rehab' 12,915 12,915 C Housing Rehab Loan Pool Housin Rehab 158,900 - 158,900 Housing Rehabilitation Subtotal 439,363 252,463 - 186,900 Clearwater Police Department Economic Development 21,439 21,439 Pinellas County Private Industry Council Economic Development 24,446 24,446 Clearwater Neighborhood Housing Services Economic Development 10,757 10,757 Clearwater Neighborhood Housing Services Economic Development 76,623 76,623 City Economic Development Loan Pool Economic Development 100,000 100,000 k Economic Development Subtotal _ 233,265 233,265 0 0 Clearwater Neighborhood Housing Services Coda Enforcement 175,000 175,000 - - Administration 221,604 Total Requests: $ 3,018,150 $ 2,337,752 $ 548,217 $ 3531781 Community Development Block Grant Entrdement FY' 94-95 $ 1,108,000 , CDBG Roll Over FY,' 90 through' 93 $ 929,752 CDBG Roll Over FY' 94 $ 200,000 CDBG Program Income $ 100,000 TOTAL CDBG FUNDING $ 2,337,752 HOME Program $ •548,217 SHIP Program $ 353,781 y" 7 }' s 1 t c ? 1. af•• , • ? 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':BLS; :? ;• S ::t aY• '. ?''" ;r"'s>?' v ??•'' r j??;r?. "??f%???6'M;w?; ???` _ y?aawo. ,> a ;? •?t ?.6 Y ? • .Lw d,??? ? Ci .n. Y ? ? ' { ? ? ;?:? ;4 ' ?s? ? " u `?K r=" y ?u?? ? ? ?. >;: ?:s t-?...:? . t'4. :,: ?, ,.,.;..?:: ,•ss? p ';f3 ? : ?t. . t .S' zt S . • y. A] ?z ?+ O om G " ? f s 4 f t IsN. j $; C :t 'i, StlS'„ Il . + V n t Oy? C ' 3 ?, 9's E } E e.._ ?M3 f'F' rc E n .jam `?"? ?{;, S •r4 ", Viz.;, f ' LU O pp ' O p O ,{??yj. . ,." A a s '. pp O pp O ? O p p La 4h ; 2 O ^ Z O 3 ?' `. O N c N O_ v .; . g V 9Y ? . z O S §?? f Y Sn m W N .. a LLU i OC g ! ;" r ?_ ? S f ? M C< e E 't?• rh ?'• ?`•`? SAS ? U a ? f 1 0 1 , '13 CL CL CL fAt W ill ti';s f{iF ` 12 Era t t 4 A ' u o m :. o Y V 462 °? tp {r<. fo C 1P s}?. '.' a fD t0 ? ' rod n v :f r A is x ti",. ? i : ?y{ C7 q z t 3 : ,.'? M ?i O Yq ; '$ d ,'? ,?? F>4, ?; p? Ar Z. E YW , ? ??F { N VI b fy u c N x fL v r ?61? 0 ' N «? ? } w' . w i err: •I f CITY• OF CLEARWATE.R Interdepartmental Correspondence TO: Elizabeth Deptula, City Manager FROM, . " Alan J. Ferri, Director Economic Development I<I VED SUBJECT: Community Development Block Grant Roll Oi er'Funds •1 t, l J ? 1994 COPIES: Kathy S. Rice, Deputy City Manager , r -?nrrger. DATE: ' July 23, 1994 The report from Mr. Joseph McFate identified the following amounts' as, unexpended balances in the Community Development Block Grant (CDBG) program: In-Fill Housing $601,320.59; Housing Rehabilitation $167,012.86; Economic Development $154,882; and, other. $6,535.55. The total roll over amount is $929,751. Mr. McFate's report identified threw (3) oreas that allowed CDBG funds to accumulate to, tlils.level. First, budget authorizations did not match the department's or subgrantees' ability to efficiently use the funding. Second, budget controls did not adequately account for increases or decreases In program income. Third, inadequate accounting controls for ' program income generated by subgrantees. 1 have instituted several changes In' the Economic Development Department which will address these problems and prevent future roll over funding to reach this level. I am '. designing new accounting procedures in cooperation with the budget-department to better control and reconcile program funding. The budget request that I have made for the next, fiscal year will,double: the program delivery staff of my department. I will also continue to work' with Mr. McFate to develop adequate training and support for the accounting changes ' have recommended. r „ I •11?? ??t 't CITY O'F CLEARWATER • Interdepartmental Correspondence 01y i?iC1:1vorir TO: Elizabeth Deptula, City Manager ; . FROM: Alan J. -Ferri, Director Economic Development SUBJECT: City Commission CommunityDevelopment Block Grant Allocation Process ,COPIES: Kathy,S. Rice, Deputy City Manager DATE: July 23, 1994 1 am responding to your request for a brief,summary of the City Commission's role and responsibilities in the Community Development Block Grant (CDBG) allocation process. On November 5, 1992 the Commission adopted a Citizen Participation plan for the CDBG program; Federal regulations require a local Citizen Participation plan, The plan is both a guide to the allocation process and the actions available to the Commission. . At their August 4th meeting the Commission cannot unilaterally change budget recommendations contained in the proposed final statement of objectives. To change the recommendations 'of their designee, the Neighborhood Advisory Committee (NAC), the Commission must identify the specific funding for each activity and instruct staff to advertise the changes in the proposed final statement and hold a subsequent public hearing no sooner than fifteen (15) calendar days after the advertisement. The Commission would need to hold this special public hearing to solicit public comment on the proposed changes Monday, August 21 or Tuesday, August 22 and complete their actions as advertised at this meeting. This time table will allow staff nine (9) to ten (10) calendar days to compile the final statement of objectives and submit, it to HUD by their August 31 deadline, The Commission also needs to be aware of'other limitations on their,actions. First, the ,Commission cannot designate a subgrantee that did not participate in the application and evaluation process. Second, the Commission should not change the budget request of 'a subgrantee without identifying a specific element of their budget request that fails,to meet a necessary and appropriate determination, J , t It, f V; Listed below are the agencies and their, representatives who formed the Technical Review Committee to evaluate the CDBG applications. REVIEW COMMITTEE . t,:4;. Repr'es'entative ::;. J Y/. . .. a? >> '' •' AGENCY? 'REPRESENTATIVE CONFIRMED 'Pinellas Technical Education Elizabeth-Smoot Yes Center Juvenile Welfare Board, Dorothy Whitlock Yes.' St: Pete Junior'College Lolita Brown Yes Williams Architects Chartered. Robert Aude Yes' Morton•P.lant Sandie Hugg. Yes HRS Barbara Butz Yea Pinllas County Human Rights Jerry Mitchel Yes Pinellas County James Dates No Social Services - r •' s :: 0" f r'1, r Vtf`? "I 11 t t NAC Public Hearing Schedule W Community Service s Foundation - In-Fill Housing 4,500 F r . ? i June 21, 1994 P ublic Presentation Schedule Presentation Agency Project Amount Time Clearwater Neighborhood Housing Services Code Enforcement 175,000 7:30 PM Pinellas County Private Industry Council Economic Development _ 24,446 7:35 PM Clearwater Police Department Economic Development 21,439 7:40 PM Clearwater Police Department Public Services 37,409 Clearwater Neighborhood Housing Services Economic Development 10,757 7:45 PM Clearwater Neighborhood Housing Services Economic Development 76,623 Clearwater Neighborhood Housing Services Housing Rehab 12,915 7:50 PM Clearwater Neighborhood. Housing Services Housing Rehab .257,548 , Clearwater Neighborhood Housing Services In-Fill Housing 122,441 Clearwater Neighborhood Housing Services In-Fill Housing --- ------- 305,533 Tampa Bay CDC - w? Habitat v> In-Fill Housing In-Fill Housing 300,000 50,000 7:55 PM 8:00 PM Clearwater Housing Authority In-FIII Housing 250,000 8:05 PM ' YWCA Public Facilities 8,160 8:15 PM ; RCS_ N_S_ Public Facilities 221,300 8:20 PM HEP Public Facilities 80,000 8:25 PM Gulf Coast Public Facilities 50,000 8:30 PM _ Community Pride ;P11bllc Facilities 31,634 8:35 PM , Salvation Army _ Public Facilities 30,700 8:40 PM Salvation Army _ Public Servlces 61,726 Red Ribbon Homestead Public Services 77,153 8:45 PM Project Self Sufficiency _ Public Services 32,000 8:50 PM . Pinellas Opportunity Council Public Services 13,989 8:55 PM North Greenwood Association _ Public Services 47,429 9:00 PM K?rng% iEldr' Public Services 15,241 9:05 PM Girls inc. Public Services 24,847 Ervins' All American Youth Public Services .24,500 9:10 PM Community Services Foundation Public Services_ 40,316 9:15 PM Boys & Girls Club Public Services 15,000 9:20 PM Total Grant Requests: $ 2,440 606 I 1-1 X E : i I 4 !? Homeless F mergency l'r[Nett, Inc. 1120 N. licit), Lane ' , Clearwater, 11_ 4615 V, ?a CCS ? Z O -- tv J' -• L r a s `s W L " 'ji04 C. L [ E :J .f C "J ? ri 5- 2 -E 'R 2.3f "H. elping people'to help themselves" F A M1 V' I I r rJ C v V ? L E d ? a Q :r U w ^J CJ ?. c c ` ,r ° O ,?. .? + L C C U ? C C r V ? • C ? 0 4. ? ,? 0 te, C J q j v O L C.1 :s W ? 'Q c 0. Q V) vOO O s. ..? V/ C- Lw C "? C+ U Q, Lr W x ?- m L "J Q u C •. v ? Q • V) "J ? G U C Cf) C r ^' U C3 4. U 7 CJ j u r C C Y r • • I 'Z3 U U N ,G J .C U >r "2 v. •° U V ? F? C/a ?CChE' V Gd ? •O rF-l? ` L a cr g f V Cti1 r"+ 0 0? Q NON-PROFIT ORG. U.S. POSTAGE PAID PERMIT NO. 282 CLEARWATER, FL s o .J' c u 'a o ;" 72 u v v a. > 0 w O c U ° ca >1 ct i Y' U r U cs v Y , Qy 0 cs G, U y ? C C U C!) Gam] ,? C C v, t L- v, ? Q] 10 w ?>•' r cn a U •`? L?7 `r A )•?' O > R v, [] c °C7Ur 9.) . Ci E O 9A a v: - o.? ?? a U Cam' H + [` k 1A 1!?:: Lu r- -3 W) r G C C, C- U ) O > Ln cs U G C3 ° a) C) ? O • +CU v C ?-j y C C'^'f CS E s ? Ub ? ] Q t C ? CS CS ? C/) s o U ? .>` • C C] .? tr,[) Qom} U r c° EU • V 0 U • Cn [n M a z?M ?V •'¦ ',¦ r? .m w • ? CJ :? d ? F••,•• l C7 G 73 ` v ?} J C 7 •5 !J r" C ?' s7 ? w ? tfy f ? C C ? ? t•• n Imx! rJ J Q J uy :yam M u ??, J C 4E! ? r ? w 1 ; 7 O G, +J. .^4 . ? '_ -C ? a m y J r , ? .G "' U CIJ W M) J i C J U G, C/3 I, U -1 -5 :. f aJ ?J v v o • CI r '? > ? L rr `Y v z ' , '' ?, W > ,? 3 [!a om E G ,.IJ + h+M ? C v c 7 ? ?•i rJ rA ? ?7 ? i C I r ..• C rG ? L ? C J J `? C U J v J C Q 7 v C -1: 73 73 Z) C .C ?'? MO 1J t. fl y rC 1 ?I L1. ,?.? C C 'G ? J J 7 C b C C, d C M? 09 .r 7 ? C m ? d 3 V Q ? V -? ;i ti Cd IG ° M IW 'J C V C! y M CSI 'O O fr- >, ¦ '? C di G?+1 mow/ C o u cr a d «? O ? C ; • r-.Ci a ? y . ? • ? rte'.'' ? ? ? Q ? G ? N t/} ? ? ? ? . ya+ 57 O? © o J r, cs 4i ° c. wJ .a W p Q, -rr " u - • !?, ?, 3 `u_ c y G '- a c? cu rJ ?. o ° .5 c o '?' rs '? cs rs a a ° V x x z U 00 cl fn E u y ? v p •? ? `yy? cis f/1 C C/1 U W f? '? A A QC z C - au Q Q4 vi Q was ? x A O ? C/) U3 2 m ? i4 - a4 At 1-: 110 q??a a ? o CS -1 0 p . ??'u "?x? C s.. 7:t tj w -? p C CS .y .-_EJ W U - C r u v E v '? cs '-• a? r,1J v y E .-- :n z 3 ou>U C1.? o? C-M Pk-W cy d° eJ a y' r u y C= .>= O_ cs W C C >, ?y1 LL, w C v U Q 13 O ?., Vi -1 j? 15 a. 0 9z Q+ a .? r- tj a r3s ? U u [r• t4 A O ?s o as a A Cx Q o -f FOR THIS FAMILY, THEIR. DREAM 'IS ANY HOME AT ALL AND BECAUSE THEY EARN LESS, THEY CANNOT AFFORD THAT DREAM WITHOUT COMMUNITY SERVICE FOUNDATIONI HELP MAKE THEIR "BLUEPRINT" POSSIBLE... BY CONTRIBUTING TO COMMUNITY SERVICE FOUNDATION. When this family receives monthly pay of $800, Mom pays half just for rent. The remaining $400 disappears quickly, as she pays for food, electricity, gas for her old car, and child care for her pre-school aged children. To save $1000 needed as a security deposit/first and last month's rent, or for a down payment to purchase a home is nearly impossible. But for thousands of families, with Community Service Foundation's counseling and help, their dream has become a reality. We have shown them ho-tv to budget more carefully, access special services and programs. And they are now renting an affordable apartment, or have purchased an inexpensive home. You can help support individual counseling, training, and emergency financial assistance for this family, and over 10,000 other families who come to us each year. Thanks for turning this blueprint into reality -- Affordable housing for families struggling to live on lower incomes ?4. ?k Community Service Foundation 111 S. Garden Avenue Clearwater, Florida 34616 F ? 1. r . , , • , ' ? ? v .. r ,. , f ? ` r ; 1 , i " N1??S LIH??bZ ??E wnu.ingl'-. . 119'L '}uEld (``n- . 04 ,10£'MtS VHS L 'E)E uioy?i?iv whip ' - 9 L :3Uefd -1???1 :Q ? ? ? ?O • ? ? ? edo?al-? ?uQ?? ;. . . ?? , b0`08 'M,9 L/Ksg L 'J£ ? E®E tV L/Kok ':3£ 00.9£ :M,S ? eel , l Mtr/Hi9 'DOE 4 .:: r• s14616H pejobBuIS'1o 09 L-Z L wl ,. MOM& L '039 008 Mg/H,Q L ? r ' : A&S/H,8 00£ • e1unY.ed" r , f '1 •e " s z V DREAM" HOUSE? ; T?HNIKNG ABOUT YOUR t3' . ? r r • iR'?:+E? t All Ti i Let s Pu t Trying to get your own apartment or home? Mortgage or lease? FREE CLASSES NOW BEING OFFERED 'Getting a Mortgage" - 2 sessions, Mondays, 7-9 p.m. (both required. for certification) Locations for'1994: Greater Clearwater Assoc. of Realtors 1330 Cleveland St. (north door) St. Petersburg Suncoast Board of Realtors 7655 - 38th Ave. N. (conference room) Union Academy Cultural Center,- Tarpon Springs 401 M .L. King Jr. Drive 4/4 and 4/11 -- St. Petersburg 4/23 - HOUSING FESTIVAL, ST. PETERSBURG BAYFRONT CENTER 5/2 and 5/9 - Clearwater 6/6'and 6/13 - St. Petersburg 7/11 and 7/18 - Clearwater 8/1 and-8/8 - St. Petersburg 9/12 and 9/19 - Clearwater 10/1 HOUSING FAIR, CLEARWATER 11/7 and 14 - Tarpon Springs (these classes are endorsed by Citizens Alliance for Progress) "Family Budgeting Class" -- 5 sessions -- alternate. Tuesdays, 7-9 p.m. Beginning March 1 - St. Petersburg (4250-6th St. S. - Barnett Bank) Beginning May 17 -Clearwater (845 Woodlawn St., Woodlawn Church of God) TO REGISTER, CALL COMMUNITY SERVICE FOUNDATION - 461--0628 Underwritten by: Chase Manhattan Corp. Greater Clearwater Assoc. Realtors Beneficial Savings Pinellas Housing Finance Authority Citizens Federal Citizens Bank of Clearwater First Nationwide Pinellas Community Bank ..? Fortune Bank Mercantile Bank Fannie Mae Foundation- Barnett Bank Glendale Federal Market St. Mortgage 490 NationsBank SouthTrust Seminole Bank Marine Bank SunBank. Comerica Citibank AmSouth United Bank First Union ilk IN IM ao 00 ° as o 0° 0° COMMUNITY SERVICE FOUNDATION Dedicated to helping low/moderate in- come families find affordable homes MARCH 1994 bilitating the former Woodlawn Gar- dens Apartment complex. The South' Clearwater Progressive Association has welcomed us as "new neighbors" and hopes to work with us in pro- viding access to nearby resources . for our tenants. The Junior League of Clearwater/Dunedin is consider- ing several options for helping im- prove Foundation Village - needed interior decorating, and volunteer support for the tenant counseling program. FOUNDATION VILLAGE - DOUBLES OUR NUMBER OF A]PJ FORDABLE RENTAL UNITS! Foundation Village - with 28 apart- ments - is being remodeled, and 6 units are ready for occupancy. Painting inside and out - porches for each unit - landscaping -new carpeting - kitchen appliances - electrical and plumbing repairs -- all are a part of the "new look" for this complex. According to Board Prosident, Lee ReguIski, "The complex will be con- verted into a reputable and desirable rental complex for low and moderate income people. Our management plan will be geared to make this complex an asset to the southern part of the city of Clearwater," With housing assistance funds, rent for these apartments will be affordable (less than 118 of each family's monthly gross income) - leaving money for other critical expenses such as food, utilities, transportation to work, medi- cal care, and other necessities. Community Service Foundation will provide more than a "roof over their heads" - our tenant counselor will be in regular contact with each family - sharing resources to help them stretch their limited incomes, and deal with any crisis that may arise. Our tenant counselor already works with over 20 other families, who rent our other homes and apartments. She helps these families find training for new jobs, secure emergency medical services, obtain court ordered child support payments, learn how to bud- get their limited incomes, and deal with family problems such as discipl- ine, behavior at school and at home. In addition, a full-time manager/main- tenance staff person will reside on site at Foundation Village. Pinellas County's Community Devel- opment department, and the City of Clearwater, have provided interim 1-t- nancing to assist Community Service Foundation in purchasing and reha- you. Are invited To see our "DUST" As we remodel -- and tour some of our completed apartments, At our Open House Foundation Village will open our doors for your visit Thurs. March 24,'1994 4 - 6 PM. 910 Woodlawn St., south of Green- wood and Lakeview, in Clearwater. ?U. Meet our tenantst Meet your Neighbors! Learn about Community Service Foundation Ken Boaz of Reuival Remodelers, in front of recently renovated units. s We -Get Letters... . I was' honored that jewelry from my ?Y.' Gallery wits featured in your silent auction at your recent Mystery Dinner Theatre event. Thank you for inviting ; ,• ;; ?; us to be a part of your sell-out event. .;; I f l t l th t it t ee very s rong y a commun y support will make the difference for ;. lower income families who struggle to find affordable housing on limited in- conies, ; If we can assist you and your support- n ?. ??; ers further, please catch us at our gal- • lery and shop at 1433 S. bit. Harrison, Liz Brunner (Channel 13 nevus crew) interviews a mother about her in Clearwater,' and please put our struggle to find affordable housing for her fancily in 1993 name down for participation in next year's event, WETRE ON TELEVISION AGAIN... Warmest regards, Thanks to Realtor Assoc. Mike Charnel of Freedom Realty,.. Alike has volunteered. to videotape and produce a 5 part video series about affordable ?lI i mortgages, and the prmuss of buying or selling a )ionic. Community Cable Access volun- teen Libb D wn has assisted us in diti th 30 i t b d t J y o ey e ng ese m nu e programs, roa cas on Vision Cubic's Channel 24, Sat. 10:05 a.m. and Mon. 10:35 p.m. This series will also be Gareth Whitehurst President broadcast oil Paragon Cable, and available by summer in urea libraries on videotape. •lf . ' , , lilllitehurst GoldsmitllslSilversmiths you are interested in borrowing a copy, you can also contact Community Service I oundn- Lion. EDITOR'S NOTE; We are delighted to have Gareth's help, and encourage YOUR may have a lower minimum amount to zngs doesn't earn you any interest, but business to become a supporter of our up- establish a savings account. Or ask if' it does keep you from "wasting" $10 on coming benefit theatre performance on May ' another financial institution has a non-essentials, because it'is no longer 4. We would welcome donations of silent Christmas Club (you don't have to use in YOUR pocket each month. auction items (new, please. or services, ns the funds to buy Christmas presents!) ' well as chnmpagne, desserts from npproved ' or a special account for those who have Savings accounts and CD s are getting kitchens, and printing of flyers or bro- taken Cammuzlity Service criticism for their low rate of interest. . cllurcrs (DEADLINE FOR PRINTINGI REC- Foundation's classes on homeowner- right now. But have you considered savings bonds? For only $25 'you can OGNIIION: Alarch 31, 1991) ship (see list of these classes elsewhere in this newsletter) - such accounts , purchase a bond that will pay 4% in- allow you to begin with as little as terest (as of today) and continue to pay ' SAVINGS - IIINTS AND IDEAS $30, after you take the classes and interest, even AFTER it reaches face then you must save $30 per paycheck, value of $50. So, if you hold the bond . . After you've accumulated three to accumulate a downpayment for a . loniy enough, you. could receive much , months worth of income (to pay home. more than $50. You cannot,cash a sav- or deal with losing emergency bills, ings bond for 6 months after purchase, ' , your job), consider paying ahead on Having difficulty holding onto money ' but then' you can redeem it at any any debt which has an interest rate ve saved? Once you have a mini- you time - and savings bonds ,are portable _. higher than what US Savings alum "nest egiff in place for immediate they can be cashed at any bank that Bonds will pay. For example, if you . emergencies, consider paying bills accepts applications to purchase t have a 10?% o car loan, or a 147o in- AHEAD - power bill, phone bill... If bonds. (Bonds are mailed to you after, terest rate on your outstanding you pay MORE than you owe, each application and cash or check payment . credit card balance, you effectively month, eventually one month, you'll at a bank.) • call "save" 5-8% by paying'' ahead on owe nothing - and you can take that larger sum of money from your pay- Each day, as you spend cash, beep ' your debt, and reducing the total check to pay for something that is track of WHERE AND HOW you spent amount of interest payments you will have to make throughout the more expensive. (For example, if your ' it. Once you know what has happened.'' '. ; to your "walkin " around money you g Y lifetime of your loan. water bill is normally $35, and you pay $10 extra, in three mouths, you'll may be able to cut some of those ex- ' _ If your bank requires a large sum "have $35 from your paycheck that does lzezises. Could you talcs ajar of {natant to open n savings account, consider not have to be sent to the'water corn- iced tea mix to work, and use it in-.;.; another batik, or credit pnion,which pany.) Of' course, this method of sav- stead of buying a can of soda? ? •pry{? ;?'t$,?? *T°? s ?? ?:.f °,'?'af' ,, The First National Brink Of Clearwater J Sy4xF1 ;L?J ,w i? 4iif. !Sk' .t.;" .'?:I! 'rt'i!! I .'k°v „'sf., ?'•, qe; ` /t '1 j".,r WY? 1, ... r.•: ,+J': ?$ (AMSOUTH) Team wing first place and Pru- '?'5 dential Realty wine "Best Dressed Award" in croquet tournament. to benefit Community Ser- Fr.'xr? vice Foundation t '- r }lt ? ,..•,t !• '? ..mot' - (from left: Heather Toderingham, Ron Sellier • ,''' "` ; of Prudential Realty, and The Pirst National ' M Bank of Clearwater 7bam, 7bm Beatty, Harry Janticson, and Ron Rowan. Our thanks to donors who made special gifts to 1 y support our first ever CrogueL•`Iburnament Members of the Bellouir Beach Croquet Clubl 't'eam Sponsors: '*,r, .:•' r'. ;.,.,..., , r. r=' V1117 It AmSouth Bank Barnett Bank `? Caldwell Banker Realty fir ;;'? r• :.; ' x „r'a ` Fortune Bank Robert Fitzgerald a,s?• :: rr'_- ?. `*rv? , T? RobaA Lave, Mcriil Lynch .? '', • k';?f. ;'; ,,.? ....? „ Paino Webber '?•: I'`: Prudential Realty ,t Lions' Club Sandra & William Sanders James R. Scott 4 - Steven M,' Seibert Gregory & Elizabeth Sembler Paul J. Skipper Idelin Smith "Alice in Wonderland" (Amanda Kurgas) presents Alice & Joel Spivey plaque to Ron Sellier Mr. & Mrs. M. `lYitschler Mary M. Vaughn THANKS TO OUR Arthur & June Finney Nancy Voght SUPPORTERSI Mary Ann & Robert Fitzgerald George F. Weiss Mr. & Mrs. William H. Freeman Carol Zoph Ethel appreciate the generous support of D. Fritts many old -- and many now donors to Corn- Mr. &,i?, Gbne ubneCreen Chase Manhattan Bank niunity Service Foundation, If we have in_ Yvpi1L1e Lr Comerica Bank advertently omitted your name in this list Mr, & Mrs, Philip Haminer Marine Bank of St. Petersburg of donors since our last newsletter, please James & Leah HaysIe.L Greater Clearwater Assoc. of Realtors lot us know so we can include your name Lucy & Warren' Henderson Republic Bank in our next'newsletter, D.F. Iicuchan SouthTrust Bank Mrs. Norma Huey SunBank Bett Akers Mr. Pat Imperato United Bank Y William C. Janson Rochester Vicinity Club Mr. & Mrs. Patrick Aland Mrs. Ruth Knowles Mrs: Hans Bader Joanne & Tatlock Lauten Christ it Presbyterian Club Mr. & Mrs. Theodore Blitz Chisbyterian Church G. William Bollcnre Margaret Lindsliog Skycrest United Methodist Church . Mrs. Marilyn Lokey Peace Presbyterian Church Nancy & George Bouse, Jr. Emil C. Marquardt Unity Clearwater Church Hazel T. Brooks Mrs. E.C. Marquardt Pinellas County Community Development Madeline Mada li Mners: M. Jared B BUOnaCarC. Brown Samuel & Sue McClain Pinellas County Community Foundation Mary Mitchell C,S. Dangler, Jr. Mr, & Mrs. Dan Carlisle Merwin E. Morse Beatrice M.'Carlson Mr. & Mrs. Lake Mott A Robert er3Cro 11ir. & Mrs. William Ciclianski Crown , Lois F. Cormier ' Raymond & Nancy Murray, Ace Liquors A'iacLane Norcross Stoufler Vinoy Mr. & Mrs. Joseph Cornelius Marianna O'Ibolo Sam Evans Walter & Marjorie Crasiner Raymond J. O"Ibolo Black Cat Deli Jelin P. Cunningham , C Di: & Mrs. Sherman Paco I{ Lynns Cat?rint, , CZ & Marian P. Curtis , ? C.S."1{ip" Dangler, Jr. Mr. & Mrs. James E ;I hillips Maloits Lois &,Paul Rnbor Rose & Crown Restaurant Mary Louiso Dobbs Shirley Ruichle Lori Mann & `1'ho Firebouse Pumpers, Herbert Donald Mildred T Routor Margaret & Francis L. Douglass Cliurles Saltzinau Airs, William Ebeltofh. ' i t „!,4•? f• I• '? li CLEARWATER AFFORDABLE : •tMf HOUSING FAIR -- "GETTING A MORTGAGE CLASS" - OVER 100 • 1.. ,} '{flt7:l i."'lY,_t .?..i1.'••,Yr j. ;y.".?.1 ATTENDEDI Each year, housing fairs in Clearwa- ter and in St. Petersburg provide renters information about affordable .? ;- homes,. mortgages, credit reports, and the "nuts and bolts" of home owner-''`) f ship. Please share the enclosed schedule J r t . with your church, your neighbors, i ..'; ' * f?Y";.,.:;,,,•;; ,?l, your school, library, or post wherever } ; • , ,? permitted. ;We will be happy to send ?• 3 t?' an updated schedule to any location in Pinellas County- just call our of- •? Tice, and indicate exactly where to mail our 1995 schedule. i {M OUR fMSSION CIRCLE THESE DATES ON BOARD: Community Service Foundation has, YOUR, CALE, NDARI ,been helping underprivileged people help themselves for over 50 years. Lee Regulski, PRESIDENT , ,Our mission is to • rovide decent af» March 24, ?-6 pm. -Foundation p Village Open House - everyone in- Mary M, Vaughn, VICE PRESIDENT' fordable housing for those who strug- vitedl gle to maintain a stable living, envi- Harry B. Jamieson, TREASURER ronment for themselves and, their May 4, 7-10 p.m. - Francis Wilson R. Bruce McManus, SECRETARY families. Playhouse Theatre benefit perfor- SERVICES INCLUDE mance/champagne and desserts/si- Emil C. Marquardt, Jr. Listing of available rental units lent auction MhcLane Norcross ,Operation of affordable rental units Nov.- 6 - Second Annual Croquet Barbara Rosenblum c Counseling clients to locate housing and Tournament, to benefit CSF temporary jobs. D. Alan Rotz Mediation/Conciliation with Walter H. Sanford landlords/tennnts TO PROVIDE. A COPY OF UPCOA1- Emergency Rental Assistance ING NEWSLETTERS TO FRIENDS, George Weiss Emergency Utility Assistance (north of PLEASE CALL OR WRITE: Executive Director: Charles D. Mann Ulmerton) Community Service Foundation, Editor: Jiffy Johnson Training in budgeting, home 111 S. Garden Ave., Clearwater, FL maintenance, tenants' rights and getting 34616 (813) 461-0618, a mortgage. ?z/ ti14% 11: M 1,%11%1 It. , Community Ser'ice Foundation S 111 South Garden Avenue Clenrwntei•, Florida 34616 Address Correction Requeuled Costs for Oils nowslollor undorw Ilion by CHASE I rLILW?I If • jl f9% .tom 1?' +r?' 1l `, M TO: Alan J. Ferri, Economic Development Director r FROM: Michael,'Holmes, Assistant Community Development Mgr!= ! COPIES: SUBJECT: Citizen Participation in the CDBG Application Process DATE: August 3, 1994 On August 1, 1993 I spoke to our HUD representative, Ms. Lugia Milanese, on citizen participation requirements in the CDBG Final Statement Application Process. We discussed the regulations stated in Section. 570.301, 570.302, and 570.305 of the Housing and Community Development Act of 1974, as amended. These regulations, provide a detailed view of citizen participation requirements as to what is required to prepare and submit a final statement. Please see attached copy of regulations. As requested, we also discussed the procedures required to amend the final statement should the governing body request an amendment. .Ms.,Milanese stated the regulations in Section 570.305 require citizen' participation in the amendment process if the amendment is declared a substantial, change. The City adopted Substantial Change Criteria would establish the - definition of what. constitutes a substantial change. According to Ms. Milanese, the regulations are clear that wheneve the amendment is a substantial change, the grantee should go back to the beginning of the citizen participation process. This includes re-advertising the notice of funding 'availability, subniitting requests for proposals, implementing the procedures, identified irk .the City's Citizen Participation Plan, which includes the NAC ranking process.,.seeking citizen comments on the proposed 'final statement, and lastly, seeking approval from the City' governing body. In view of the time required to submit the final statement to HUD, it appears that the governing body can only make non-substantial changes to the proposed final statement. To make a substantial change, the governing body would have to submit the final statement in its present condition. Then they would 'ask that we start the amendment process and not award any contracts under the proposed final statement. This is the only way in which they can .substantially change the proposed final statement M . , , • , t, 4. Subpar t• S of PaP:t 570 Is, revised to react a's fol.l.owss Subpart D Enti t 4.ement Grants. Sec. 570.300 General.. 570.301. •Presubmi^si.on xegtsirements. 570.302 Submission requirements. 570.303 Certifical:ions. 570.301 flaking of grants." : 570 , 305 Amendments.. 570.306 Housinq assistance plan. r r 570.307 Urban countries'. 570:308 'J61'nt requests. Subpart 'D ---- Entitlement Grants_ 570.300, General. I .`1 Th 1 s ` sulvar t describes. the policies and 'procedures go'Oernin 1 thse making' oE'community development block grants 'to entitlement Commun.i ties. ' The policies and procedures set forth in Subparts -A, C, 47, K, and 0 of Lhis part' also apply -to entitlement grAnteds. § 570.301. Pr.esubmi'ssion requirements. lot Pr i.or.: to the submission to' IlUt for its annual gran, the, grantee must (a) Develop a' proposed statement of community development objectives and projected use of funds, including the following items: , {-I The community development objectives the grantee p?aposes a. to pursue. (2) The ,cominuni:ty development activities the grantee ptoposes to carry out with anticipated CD13G funs, including all r : funds identified in paragraph. (b) (1? (i) of this gelation, to address its identified community development objectives. Each such activity, musti (i) Meet the applicable requirements;of424 CFR 570 ubpark ; C; and ' (i,i') Be described-In in suf-Eicient detaii ? including`; To ation, to allow citizens to determine the degree- tb'. which t they, rniy be affected, i' u-a, i 9/88 •` T , o.?. tit r.°}• , rya:,.'',1? i - ' fir', j. J,•Si" •'sr^ ?'i:x: s Y ?V} ' (b) In a mahne'r which provides for the timely citizen examination, appraisal, and comment on .'its statements, meet the following citizen participation,requirements: (1)' Furnish cit'izcns with, information 'concerning: (i) The amount of CDBG funds expected to be -available (inclu'ding the annual grant, program income expected to be received during the program year., together with program income received during the preceding program year and that has not yet been programmed for use,' and surplus from urban renewal settlement for community , ' development and housing activities); A (ii) The range of activities thcU may be undertaken with those funds pursuant to the criteria in 24 CFR, 570 ' Subpart C; (iii) The estimated amount of those funds proposed to be used for activities that will. benefit low and moderate income persons; (iv) The proposed CDBG activities likely 'to result - in displacement and the grantee's plans (consistent .with the ' grantee's ' housing Assistance Plan and policies developed pursuant to 5 570.606(b)) for minimizing such displacement of persons as, a result of its proposed activities; and (v) The types and,levels of assistance the grantee will make available (or to require others to make available)' to persons d i sp.laced by CDBG funded . activities, even 'if' the grantee expects no such displacement to occur. (.2} Hold at least one public hearing to obtain the views of 'citizens on the ' grantee's housing and community development needs (grantees may elect to -hold additional hearings and to cover other subjects through such public hearings, such as obtaining views on specific community development or housing activities). (3) .;Publish' community-wide its proposed statement of community development objectives and projected use of funds.so as to afford affected citizens an opportunity to examine the statement's contents, and to provide comments on the proposed. statement and on the grantee's community development performance. (c) Prepare its final statement of community development objectives and projected use of funds. Once the grantee has A D-2 9/88 • rl 1 r I r(mi IeLed tlrn citizen participation requirements in 'paragraph ?(11) of Lhi , sect inrr, the grantee must consider any such i:n1nnrerrts and 'vJews ' received' and if the grantee ' deems a pp r-opr. is l:r- 111od.i. f y Hie proposed statement. The grantee shall riialtr, Elie r i nral st atoment , ravallable to the public.. The final sl.r-1t:ement may include activities which do not either beliefit ' Inw. rand rrunriei"-at:e A ncome persons or prevent or eliminate slums and blight only i f l;he grantee identifies such activities in t.lrn final st:atemont and certifies that such- activities are c1t-5 i gned to meet: Wier . community development' needs haying a p ?er•t,icul?ai- urgency because existing conditions pose a .serious arnd hilmedlate threat to the health or welfare of the community, .:nrl other f..i.nranc i.riI. resources are not available. (d,) Submi.t: and rrl ce.ive, approval of Its housing assistance plan in frcco.rdance wi.t:h S 570.306. (Approved .lay Office of Management and Budget under Control tto. 2506-0077) 57 0.302 Submission requirements. (a) • . CConLenL.. Ili order- to receive its annual CDHG ? eantitlement ; gtrant, a gr-irntee mast submit the following: ? •. ( 1.) Standard Form 4211; (2) 11 copy of L}re;' grantee's final. statement of community development objectives sand projected use of funds,. covering the ware items as listed in S 570.301(a); and (3) Certif. i.cationu satisfactory to the Secretary covering all of the JLems. I i.sted in § 5.70.303. (b) Timing of _submissions. (1) in order tea faciliL•'ate continuity in its program, the gran Lee should submit its-final statement to HUD at least 30 days pr..i.or to the start of its community development but in no event will HUD accept a submission progr-arrr yq. ar, for to . grant .earlier than December 1 or later than the, first working day In September of the Federal fiscal: year for whinch the grant funds are appropriated. (2) A program, year shall run for a twelve month period. A grantee may, however, either 'shorten or = fert#hen its program year., provided TIUD receives written notice of a lengthened'program year at least two months pri.o to the date the program year, would have ended if it ha not been lengthened, or. HUD receives notice of a shorten dd program, D-3 9/88 1 y'!. A I o k • • ` ' r t I E I ' J 1 t ? in I a • f PLVyLalll YU13L . (Approved by the Office of,Management .and Budget under Control. No. 2506-0077) § 570-.303 Certifications. ,f The grantee shall submit certifications ghat: (a) It possesses legal authority to make a grant submission andL to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution' motion or, similar action authorizing the person identified as the official representative of'the'grantee to submit the final. statement and amendments thereto and' all. understandings and assurances containers therein, and directing aril authorizing the. person identified' as the. official representative of the.grantee to act in connection with-the 'submission' of the final statement and to provide such " additional information as may be required. (c) Prior to submission of its fi.nal statement to HUD, the grantee has: (1) -Met the citizen' participation requirements of section 104(a)(3) of the Act; and (2) Prepared its final statement of" communi.ty development . objectives and projected use of fonds in accordance with 5 570.301(c) and made'the final statement available to the public. (d) The grantee will affirmatively ,further „fair housing, and the grant will be conducted and administered in compliance with: (1) Title VI' of the Civil Rights Act of 1964 (Pub. L. B8-•352, 42 U.S.C. 20004 et and (2) The Fair liousUg Act (42 U.S.C..3601.20) . (.e) It has developed Its final statement of projected use of funds so as to give maximum feasible priority to activities which f' benefit low. and moderate income families or aid in the prevention , r. eliminatioti of slums or blight.. [The f•.i.na'1 statement of projected use of funds may also include activities which the grantee certifies pursuant to S 570.301(c) are designed to meet other community development needs having a parElcular urgency. (Rev. for 9/88) D-4. 9/89 , E ' SF J?ffy`€?4Rr •` • .Y F• ;.3 k. F x '3 . r (f) ? "d:• In the aggrc3rl7te, ,,t least 60 percent: of all CDBG funds", an , to be expended during the. one; two. or cie f,hied at § 570.3(e) . three consecutive program years specified by the grantee wilt la(3 for activities which benefit low and moderate income parsons, as descrthed in criteria at 24 CFR 570.208(a). .(g) Its notificaLi.on, inspection, testing and abatement procedures Colicerning :Lend-basod paint will comply with § 570.608. (h) It will comply wi.tth the acquisition and relocation requirements of Hid-Uniform Relocation 1lseistance and Real Property IVIClUi.sit-1011 PC31.1c1es 7tct of 1970 as required under § 570.606(a) and HUD implementing regulations at, 24 CFR Fart' .42; tthe requi.•rement s in § 570.606(b) governing the residential antidisplacement and,rel.ocation assistance plan under section 104(c3) of the Housing and Community, Development Act' of 1974 ' the Act) ( inclurli.rhg , a certification that . the grantee is following such a' plan): the relocation requirements. of § 570.60G(c) governing displacement subject to section 104(k) of the Act; and the relocation requirements of § 570.606(4) governing riptional relocation. assistance under section 1,05(a) (.1l) of h_he Act. ( ) It' leas " developed a cormunity development plan, which at a minimum, covers thee same one, two or three program.years pursuant to paragraph (f) of this section. At a minimum the Community (lovelopmerrt pl.ari must- (1 ) Identify the grailtiee's community development needs and „ housing needs; and .. (2.) Specify boLh short-term and long-term community development. oh jectives, consistent with the grantee's final statement, Llhat have been developed in accordance ' with L ho I)r.lmaty objective of the Act and the requirements o f th i s pa r t: . (j) H: will ctrlmpLy with the requirements, of § 570.200(c) (2) with' reglarc.l to the use of special assessments to recover the c/apita'1 costs of activities assisted with CDBG funds. (k) (Where, appt icabl.e, the grantee may also include the following arldit.i.onal rertiticat- ion.) It lacks sufficient resources from tcincls ph""OVided unc]lar this subpart or program income to allow it to comply with the provisions of § 570.200(c) (2),• and it imisL therefore assess properties owned and occupied by , rncacler3te i ncome persons, to recover the non--CDBO funded portion of-the capi.Lal cost without paying such assessments in their bebh 1. f From CDBG funds. f ' ( 1) ,. 1L ' is 'fo.1. owing a current housing assistance plan which has beery appr.ovod by IBM piir"suant to § 570.306: +? .•' D-5 9/88 . 1 '. r 3. }?iPS"; ., f5 . X 1 ( f) In the aggrerkate, at least 60 percent of all CD13G fUhds, as de f-i ned at § 570.3 (e) , to be expended during the one; 'two or three coniecuLi've program years specified by, the grantee wift he_ for .-activities which benefit low and moderate,' income pr_r.oiis', as described in criteria at 24 CFR 570.208(a). , (g) Its notification, inspection, testing and abatement procedures concerning .Lend-basted paint will comply with § 5700608. (h)" Ik: will rc?mpIy with the. acquiriftion and relocation requirements of the".-Uniform' Relocation }Assistance and Real Property Acquisition Policies Act of 1970 as required under, § 570.606(1,) and HUD implementing regulations at 24 CFR Part 42; the requirements in § 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of 'the housing 'and Community Development Act of 1974 (the Act) (i.ncludi.ng a certification that the grantee is 1 ' following such a plan) ; the' relocation requirements of § 570.606(6) governing displacement subject to section 104(k) of the Act; and the relocation requirements of § 570.606(d) governing nptionaL relocation assistance under section 1050.1)(11) Of the Act. (i) It has dev'ei aped -a community development plan, which at a minimum, covers i•.lin same one,. two or three program years " pursuant to pnragr.-Iph (f) of this section. At a minimum the' community df--V Qi.c1pmetit plan must: (1) Identify Hie grantee's community development needs and housing needs; and (2) Specify both short-term and long--term community development objectives, consistent with the grantee's. final statement, that have been developed in accordance with the ,primary objective of the Act and the !requirements of this pert. (j) It wi11 comply with the requirements of § 570.200(c)(2) with regard to. the use of special assessments' to',-keco4?er the capital cost, of activities assisted with CDBG funds. (k) (Where applAcable, the grantee may also include Lhe following additional certification.) It lacks sufficient-resources from funds provided under this subpart or program income to allow it 't:o- comply with the provisions of § 570.200(6) (2), and' !t Must theretor.e assess properties owned and occupied by moderate income persons, to recover the non-CbBG, funded , portion of the 'capital cost without paying such assessments in ' their behalf from CDBG funds. i (1) It is' fol.lowing a current housing assistance plan which has bond approved by HUD pursuant to § 570.306.. D-5 9/88 . ?N ' a1 •??r '?1 / 9 . where there is suh;:tantial evidence that there has been, ok ,there will he, a Cailure to meet the performance regUitementa or criteria described in 5ubpart? O. in such cafio, the conJt tional. tyrant will be made by means of a grant agreement; eYecuted by IM, which includes the terms of - the condition specifying I:he reason for the conditional grant, the Actions necessary to remove the condition and the,deadline for taking those actions. The grantee shall execute and 'Ireturn such an agreement to HUD within 60 days of the date of its transmittal. Failure of the grantee to execute and return the cirfint agref-went within 60 days may be deemed by HUD to constitute rejection o'f the grant by the grantee and nhall be cause for Iluo to determine that the funds provided 'in the grant agreement are available for reallocation in acd+ordance With section 106(c) `of the Act. Failure to satihfy ' the condition.may result in a reduction in the entitlement amount pursuant to S 570.911. 570.305 Amendments. (a) The grantee 'shall amend its final statement whenever it rlecides•(nob to carry out an activity described in the statement- to carry out an activity zSo preyfou eibed, or to substantially chic ge the purpose, _.scope,,_ 1oC8t.ti on, _ox beneficiaries of an activity:' Within 120 days of -the P fective date of this rule or, for a new grantee, prior to submission of its final statement, the grantee shall develop atic] make ` public its criteria for . what' constitutes a substantial change for this purpose. (b) Prior to amending its final statement, the grantee shall provide citizens with reasonable notice of, and opportunity'to comment on, such proposed changes in its use of funds. The grantee shall consider any such comments and, if the grantee deems appropriate, modify the changes. The granteb shall make available to the public, and shall submit to HUD, a description o.f any changes adopted. A letter transmitting such description to HUD shall be signed by the official representative of the grantee. § 570.306 11ousing assistance plan. (a) P11 rpose, In its housing assistance plan (HAP)j each metropolit?7n city and urban county surveys its housing conditions, assesses the housing assistance needs of its low ..and moderate income households, specifies goals for the'number of dwelling units arid low and moderate income households to be assisted, and -indicates the general locations of proposed S7,sisted housing for low and moderate incomb persons. D--7. 9/88 ri?f - .M AUG-04-1994 11:32 FROM PLANFI I f IG & DEVELOPMENT TO c1TY MANAGER Commissioners, before we begin tonight's public hearing for the 1994.95 Community Development Block Grant Program Statement of Objectives, I'd like to review with you beck ground issues that govern this process. These issues are the citizen participation process, the program amendment criteria, and the statutory limits on public service funding. Under the Community Development Block Grant Program the federal government requires the City of Clearwater to adopt a plan to involve the citizens while identifying community development needs and allocating resources to meet those needs. On November 5, 1992 you adopted a Citizen Participation Plan that designated the Neighborhood Advisory Committee to act as the City's agent in this process. Tonight you are reviewing their proposed final Statement of Objectives. Any changes to this Statement of Objectives that you may wish to enact are subject to the program amendment criteria of the Community Development Block Grant. Under that criterion, changes exceeding 5% of the final statement amount are substantial changes and require readvertising the proposed Statement of Objectives and holding a subsequent public hearing no sooner than August 22nd, or 23rd, Three other actions also trigger the substantial change criteria: first, adding an activity not included in the proposed Statement of Objectives; second, eliminating an activity included in the proposed Statement; and, third, changing the purpose, scope,, location, or beneficiaries that would reduce the stated benefits to low and moderate income persons or reduce the elimination of slum and blighting conditions. Any change in funding that you consider should be based on whether the funding level is necessary and appropriate for the need identified. This necessary and appropriate determination is required by the U. S. Department of Housing and Urban Development. t . Rust-it" brand fax transmittal memo 7671 N of p+?gee ? n Yn ? ? r f From r G9. Ca. Dept. PnorM M x r ?O F@x s ? R 1 AU6-04-1994 11:32 FROM PLAT-41 ING & DEVELOPMENT TO . CITY MAr•IAGf;f? P. OZ • You should note that only one category of program activities, public services, received , more requests for funding than we could supply. Congressional statute limits Public Services ' f expenditures under the Community Development Block Grant Program to 15% of the entitlement amount. For our program this year the 15% cap is M6,200. We received requests for funding f; in this category that exceeded twice that amount. This is not unusual, The Pinellas County social services program receives requests of more than $1,000,000 for their program pool of only $500,000. Through our citizen participation process and the evaluation procedure approved last April 18th, we have'set the'ground work for this final stage in the allocation, of our Community Development Block Grant Program. In your deliberations tonight, please remember the program amendment"criteria, the necessary and appropriate determination, and the statutory requirements of the program. 1 would now like to introduce the Director of Economic Development, Mr. Alan: Ferri. He will highlight for you the citizen participation process and the recommendations that you have before "you. .. , 1, .YI r 3;. Z r'.-'!l? '?" "F " ? > . .Jr'„1,,, , -- I ..'-. :a;., _r _}' .'! +.:e >•.'.'.1;: " r {kYk 'i''I. ! r ,'Jt? • r.,. t F: .L.? y,• .,•T -ti ., I.F?.e ?r.Sj?Fle'"G P .? ' r • ' s 1 r 't ` I L , .r , Y tr' , is j' "'t w'- i'?I "1t.•. Vt{? ,. I, 1 I , ' + I. I .. , r 1 .:l ..7. '.1: J?"'3i ::^?'??r., .. e'i;A 'a <, '!, .r . , / , . .. . .1. , _ I fir'.-'.'3?-.ti a . ... 1 Ir. '•!-,'t,-'`"'-!? -?" t " 'r F ,•L'• , + ' . . f , I - -..+ %, .F r R 8.-r' -"r ''. . ,. I }, t . f,. ?SR,a ,1 ,, r - ,i''. 3 1 .. . . '1 . . , r' .£`.:. i . "J'? ;}•d .+. .4j. ..'i3 '' - .. ' .1 F '.t , ,.J .. 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Y° SFr I.'' .1':•V"'t,'••!- 'r'':•i;.,*1 ?lq?-a- Sr1rlf. ?__.._-. rwwwr....._._.... . ,' :.' ,L..69,,:\r+,i:f4j.i,i'+J X??iP1a I: : ::y d r Clearwater City Commission Agenda Cover Memorandum 1a. Item # Meeting Date: 8/4/94 SUBJECT: Fiscal Year 94195 City of Clearwater Social Services, Grants RECOMMENDATION/MOTION: Approve the recommendations for allocation of City Social Services funds made by the Technical Review Committee and approve the proposed contract form for the funding contracts, ® and that the appropriate officials be authorized to execute some. BACKGROUND: In the meetings of April 18 and April 21, 1994, the City Commission approved the Request for Proposal (RFP) format for Fiscal Year 1995 Community Development Block Grant (CDBG) and City of Clearwater Social Services funding applications. The amount of $62,000 has been requested for fiscal Year 1995 for Social Services funding. The RFP•contained a provision that requests must be for $5,000 or less, that agencies submit only one Social Services application, and that agencies not apply for both Social Services and CDBG funding for the same project. Pursuant to the RFP, eleven (11) grant proposals were received for Social Services funding. The total amount of funding requests was $47,097. The Technical Review Committee convened on June 6, 1994 to consider the funding applications. The Committee recommended funding ten (10) requests for a total of $43,097. The attached spreadsheet contains information about the agencies and the nature and purposes of the programs for which they are requesting funding, information on funding in the current fiscal year, if any, and the Committee's recommendations. Also attached is the proposed funding contract form. (The funding contract which is currently in use is based on this form,) n/a W, Printed on recycled paper Reviewed by: originating Dept: Costs: S 43,097 Commission Action: Legal N/A uman elatiyi Total C] Approved Budget NIA purchasing i Approved u/conditions Risk Mgmt. _ N/A User Dept: Current Fiscal Yr. ? Denied CIS .?M ACH Funding Source: ? Continued to: Other 13 Capital Imp. Advertised: ® Operating Attachments: Date: 13 Other spreadsheet Paper: proposed contract ® Not Required Submitted by: Affected Parties 13 None Ci Han cr 13 Notified 0 Not Required Appropriation Code: 010-09232.582000.569-000 r t 1 ' , r I , , H . at0 ?H 73 s _ ?qp4?w ' E•l ii$ w a 1 0 mLo H o 10 ._ w o ?? r . .? M D1 M iJ I a ' fan d m c m n ?i w ? w ti .n rf w ? .n Oi N M q 40 r CV) y Y N CP) P trt "? ' i Y m a il, s r C r , E ?p i g $ $ g S c28 p m 1- {? 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'ti€r.''?`a j?'E' J.:::.;,',?'i',?7}' :1'."':1, ii?A,? ,>; ??5-•??,,g??,;.??r?rsa NMI .fin',, i•F` ?! •! . _ ? r [ , 'r ?f ? _ - s ,t f'Y: ??:?, ?'?''r. `, t •.. ? r r -T • ' ? . r . r r .... ry . , p, ° ,'yt F?.,° trylf?.'r.:' •' !:. .. I F r. I r ':r: 1 ,'r%, Y-?; ??*':' 1' - :? :5. -!?'ij y'..tY i.+ • f?? }' t . , r ! f -F.' l,: liy .. ? r s •-?: ?? i• '4 e'?1,3„ •f 'i, s?' f ,'S' it ••i:,k- : ? 7ri - 't.r - i .i ? I, ?'°. rl?r, K?J:'kr'..S I+?: J' ,, •',-'' ?.r, 1, ? ?+' .. '?r, .?)•' !`'C'f 4'ig L. '{''J?r. ?'+A :3 ?}! '1 a °t? '/1; .i !: ,t • _,?e,l. ?I:.L WIi. '~r' }?, ?t lJ[ ,• r _ . r •1 ?? I; ? .??~^?' i't:r :iP, ? rl v,?-F .k.?{.' 3 r 'I? 'c'' .??, !r' ,. ?!. i•t. ?:.. ''? ?Iar,.. .. .Mrr.,, tF. c,, •,r''... r.i,. .+a`?! .,-?-, ..C. ,'. .;' .r. ,' , .I. ,. ? ,., .,•r'..,r..'°. ? s«"::. - "?{'' le .'.i, .. «.f? ` ., Ff s ? ' .. -„ . a r . , ...... AI s r ? w - .. ' r. •y« f », o.. .. «r.....?.w.,rr 'i. <.+,. 4 Ll +p v 3 ,< CL ?r` p tL i F r la`s C i . , C ?F. ' • ? . . ' .. .. , .. - .J _ . ? . . ? . ? • y'; i,.-.`,? 0 IV 40 10 E 03 r to 40 72 C, in CL C: I cc go O O R,`• 0 CL 10 ch, tr >";,.Ir ,. - tl O J?Jpp '. •73 .II 0 M ID C: '0 Ll EL m ;iti?"? ,l3, ? ._ ? 1? C ? ? Q 1-• W ? 1 •. ' ? ' ? ? '. :.. ,' .. ? ? ` ,. 'r' , ......._..:?rFr. +f,: rL f?•?•'i? , l! , .r y rk, , •r' . .. r °k', 1,4' ` CW.FG3' 'F.f IY:. t I t' ,' ,*? r ? •1 f. ,,, ,. r'k `'F? :1 •r, ` ?:- .:?,}':r;'l I .DIREC"'TIONS FOR MENTAL IIEALTTI, INC. AGRFPMFN'r This Directions for Mental Health Funds Agreement is made and entered into this clay of between the City of Clearwater, hereinafter referred to as the City, and Directions for Mental Health, Inc., hereinafter referred to as tine Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to support programs for the betterment of our citizens; and WHEREAS; the City of Clearwater desires to help those in need of support by providing funding for such support; and WHEREAS,, Directions for Mental Health, Inc., provides counselling and support to families residing in emergency shelters in (lie City of Clearwater; NOW, THEREFORE, the parties agree as follows: AR'T'ICLE I. 'T'ERM The term of this agreement shall be for a period of 12 months commencing on the Ist clay of October, 1993 and continuing through the 30th day of September, 1994, (tile Termination Date), unless earlier terminated under the terns of this agreement. ARTICLE II. RESPONSIBILITIES OF `I'H AGENCY 1. Services to be Provided.' The Agency shall provide counselling services to families residing in emergency shelters and transitional housing in accordance with the proposal submitted by the Agency and approved by the City, which is incorporated herein by reference. 2. Area to be Served. Services rendered through this agreement shall be provided within the corporate limits of the City of Clearwater as it now exists and as its boundaries may be changed during tine term of this agreement. 3, Scheduled Reports of Agency Activities. 'rhe Agency shall furnish the City Department of Human Relations, Grants Coordinator, .with an annual report of activities conducted under the provisions of this agreement within sixty days following the end of the Agency's fiscal year. Each report is to set forth the total cost of services provided, the number of Clearwater residents served, and commentary on the viability, effectiveness, and trends affecting the program. 4. Use and Disposition oi' Funds Received. Funds received by tine Agency from the City shall be used for salary to staff in connection with delivery of counselling services to families residing in emergency shelters and transitional housing. Funds existing and not 1 S CL rte 0 1 a. i r , o 0•, used for this purpose at the end of the term of this agreement shall be deemed excess to the intended purpose and shall be returned to the City. 5. Creation, Use and Maintenance of Financial Records. a. Creation of Records. Agency shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures 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 personnel. b. Use of Records. Agency shall produce such reports and analyses as inay be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. c. Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the termination of this agreement. G, Non-discrimination. Notwithstanding any other provision of this agreement, during the term of this agreement, the Agency for itself, its agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a.. No Exclusion from Use. No person slial l be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b. No Exclusion from Ilire..ln tire management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded froth participation in or denied the benefits of, or otherwise be suljected to 'discrimination on the grounds of race, color, religion, sex, handicap,age, or national origin. c. 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. d. Breach of Nondiscri initiation 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. 7. Liability and Indemnification. The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its 1 i { i f• , fl tr 4 f r officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever, nature, to persons and property, including, without limiting tiie generality of the foregoing, death of any, person and loss of the use of any property, except claims arising.from 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 'related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds. The City agrees, to, provide a total 'grant of $ 4,000 to fund the services' furnislied in accordance with this agreement, 2. Payments. The total amount.requested will be paid by the City to the Agency. within 30 days after execution of this agreement by the City and the Agency but no earlier than October 1 of the budget year for which the' funds are authorized. AR'11CLE IV. DISCLAIMER OF WARRANTIES This Agreeincid 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 V. TERMINA'T'ION 1. For Cause. Failure to adhere to any of the provisions of this agreement inI material respect shall constitute cause for termination. This agreement may be terminated with 30 days notice. 2. Disposition of Fund Monies. In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City'. AR'11CLE VI. NO'T'ICE Any notice required or permitted 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 tiie address'indicatcd below (or at such other address as such party sliall specify to (lie other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after.the day on which such notice is . mailed and properly addressed. i .. ??•? Vii` ? ;. ,.`'u'.4r' _f: '. s' l• - '! d , :r' , -, 'Y.- ..e .., 1?-:: a;r,.•r. `:?: '?.X1 •-s„j'rp? 1, If to Agency,, 'addressed to: Directions for Mental Health, Inc. 1437 S. Belcher Road Suite 200 r Clearwater, FL ,34624 2. If to City, addressed to: Grants Coordinator Department of 1hnman Relations P.O. Box 4748 Clearwater, FL 34618-4748 ' AR•I'ICLE VII. EFFEC'T'IVE DATE The effective date of this agreement shall be as of the first day of October, 1993.. `' . ". IN WITNESS WHEREOF, a the parties hereto have set their hands and seals this day'of , 1994. CITY OF CLEARWATER, FLORIDA Countersigned: By: Mayor-Commissioner City Manager` Approved as to form and correctness: -Attest: M.A. Galbraith, Jr., City Attorney' Cynthia E. Goudeau, City Clerk Witnesses as to Agency: DIRECTIONS FOR MENTAL HEALTH, INC. ?. By: President Attest: ` ( 1.1 r }r.5'7 4,•v ?s:; ts'r ,. ?j ,? 7 1-13141 9.,r''tti'' ? r.??.-?'?I ? •I{' ' ' '• ? 'l o i f? JR ,Fy f+' ?. , ? ' -j ??'? ''` "'r",`si , • r .91 _ r. w' • le f' ??sR'c' ? ti ?? ` ( . f • " "•S •. r, 4 ? ? " ? • • • ? ? r ' ? " > ? ` ? ' • ? ? . i ? , r ir {- , I .-t.,,? 1 . ` • . ' f ,' ` r '- e?.?: "+?: :i.t"?'-.,i.{-,c.,.ef:: .. ., s,.u?'-..St?;.:n7?. ?,.L.'"d Uai l,•`' :?"i f se. .> .:r .. ! ... , .. .. ,. "'E.?.. r r,• t,-I ,, .t, ?:.3'. MEMORANDUM R . ' Uute ' ?L 2 7'1994 'TO: The City Commission' (;}Y ur i ,7i ?i:.. FROM: Betty-Deptula; City Manager ; SUBJECT: Social Service Funding Allocations DATE: July 26, 1994 I wish-to inform you that one of the agencies recommended for Social Service grant funding " from' the General Fund is the Quest Inn. My husband Stan, 'is'a member of the Board of , Directors and Treasurer of Questinn. I have had no involvement in the;•selection, process 'or r ;'•, in the ranking as proposed by the Technical Review Committee. If you have questions, please call. 14 ' ' • r '' , } ' . t tiny ,. s ? . rl??;? a •1 ;1 ' 'r 'e ?'?y t', ; . h,`,1??...,. SE?IR? ?t'_Ccvld re0.??? Item N '?•'" Clearwater City Commission Heating Date: ???ts ?`? • Agenda Cover Memorandum SUBJECT:' Issuance of not exceeding $8.25 million Gas System Revenue Bonds, Series 1994A -'Ordinance 5564-94 RECOMMENDATION/MOTION: Adopt on second reading Ordinance No. 5564-94, as amended, providing authority for`the issuance of not exceeding $8.25 million Gas System Revenue Bonds, Series 1994A, to provide for Gas System additions, extension, supplements and replacements ® and that the appropriate officials be authorized to execute some. BACKGROUND: Because of the delay which we have experienced in securing intergovernmental agreements in Pasco county, we are now proposing to split the original $35 million Gas System Revenue Bond Issue which was passed on first reading at the City Commission meeting of April. 7, 1994. This original issue has been renamed. the•Gas System Revenue Bonds, Series 1994A and reduced to'$8.25,million to accommodate only the first three (3) years capital expenditure budget (FY 1993- 1996) for the Pinellas County portion of the Clearwater Gas System Strategic Plan. Since the proceeds of this issue will only be used in Pinel,las•County, no validation will be required. This issue will be sold in one series through competitive sale scheduled for September 12,-1994,. The remainder of the original $35 million bond issue ($26.75 million) will be designated as the 1994B Gas System Revenue Bonds.. This issue will include the Pasco County gas expansion as well as the remaining portion of the Pinellas County gas expansion. The first reading for the 1994B issue is scheduled for August 18, followed by the second reading on September 1. The 1994B Gas System Revenue Bonds will be issued following validation in more than 1 series as the need for capital financing warrants.. Reviewed by: originating Dept: Costs: S N/A Commission Action: 'Legal DDAS/Finance Total ? Approved Budget Purchasing N S ? Approved w/conditions Risk Mgmt. N/A User Dept: Current Fiscal Yr. is Denied CIS NIA Clearwater Gas System ? Continued to: ACM Funding Source: other ? Capital Imp. Advertised: ? operating Attachments: Date: ? other ordinance 5564-94, as amended Paper: Summary of 1994 Gas System ? 41 R v B d I - Not Required e enue on ssues submitted by: Affected Parties Timetable for Series 1994A 0 Notified Appropriation Code: ? None Rf A 13 Not Required ger a C ,e arat:•: C ,, J I' r'.'L P.,i' ff y'.. r,;y 1.' 1:' :y: 1 1 r Iu,.s ti. n r,r et. K •?''i, .{ .?4r: ,•F°' F'.. Y' i ``tS ?' Sri'.: .:; y'rt . f:, Yv,y?: `i ','T;.-;,':6F' ??' 'it:l. f5'! Si .l."3. a ; 'x.- .1'.?:` ,_>," ?l pf'.•+!. f: ri '`i . ,r. 1 'J, !' .<• _r, l,ifif,e 5!`''.73. ";% d , r. ., i: - ', x , : t - "• '.j;i ''' J ?,' o. 'q. it:. ! X 11 ` i o . I . .. - . 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'I ;::,, -,:e 1?' i , : 1. °'t r - a`• I. ' !. , c' ,•.t-'. ?, - r , . : • " . t , - "-?, I'$.: .I,' . t', `k ,., 1 . '):. , ,. f . I ,:= ::.Fqx? Cje , f'f-., L',t :,f- I'I ,'r .r .E -r / _ f , ''S -•?i"!f ' f [s:?. f, '; !,r •.? yy ., F 'J. [ .f_ ,'k " I_" ie ?' ,l ' >} •44? } k f.f' r 61' i f I l ' 1 wt.. , :Pr !" `^?.. ir. ?L' '.'r : 'w•'i: ' / (?. .f •,!• ''[•: __' __ ,'`fY'a e: _.E +1'.' ,!' .... .J' .; ',i•,t' %`t ;1v" t l .dtJ [?.•. r. _ - - .- __ r _. .• t '.. r. •t- .. 1 ?" .°x;::v..O'. '.:f3:r$°..il?`...-.1.-•S,Yf+. f ORDINANCE NO. 5564-94 AN ORDINANCE PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF' ADDITIONS, EXTENSIONS, SUPPLEMENTS AND REPLACEMENTS TO THE GAS SYSTEM OF THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $8;2501000 GAS SYSTEM REVENUE BONDS, SERIES 1994A, AS ADDITIONAL PARITY, OBLIGATIONS OF THE CITY PURSUANT TO THE CITY'S ORIGINAL ORDINANCE, TO. PAY THE COST OF SUCH 1994A PROJECT; PLEDGING THE NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAY- MENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND'AGREEMENTS IN CONNECTION THEREWITH; PRO- VIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE'DATE. BE, IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. AUTHORITY FOR THIS ORDINANCE; ORDINANCE TO ]aE SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act")'and'the Original Ordinance; herein- after.defined. This Ordinance is supplemental to the original Ordinance and all provisions of the original Ordinance not supplemented, modified, superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b) apply to the 1994A Bonds, hereinafter defined, to the same extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter defined, and (c) are incorporated herein by reference as if fully set forth. , SECTION 2. DEFINITIONS. Unless, the context otherwise requires, the terms defined in this Ordinance shall have the meanings specified in this section or in Section 2 of the original Ordinance. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Additional Parity Obligations" shall mean additional obligations issued in compliance with the terms, conditions and limitations contained in the original ordinance and in this Ordinance and which (i) shall have a lien•on the Pledged Revenues equal to that of the Parity Bonds and'the 1994A Bands, (ii) shall be payable from the Net'Revenues on a parity with the Parity Bonds t ? f !, M and the 1994A Bonds, and (iii) rank equally in all respects with the Parity Bonds and the 1994A Bonds. "Bond Registrar" or "Registrar" -shall mean the officer of the Issuer or the bank or trust company which the Issuer may from time to time. designate to perform the duties herein set forth for the Registrar of the 1994A Bonds. "Bonds" shall mean (i) the Bonds authorized under the original ordinance, including but not limited to the Parity Bonds and the 1994A' Bonds and (ii) any Additional Parity Obligations issued hereafter in accordance with the provisions of the original ordinance and this ordinance. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Construction Fund" shall mean the Construction Fund created and established pursuant to Section 17 of this ordinance.- ."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 herein provided. "Contributions in Aid of Construction" shall mean any amount or item of money, services, or property received by the Issuer, any portion of which is provided at no cost to the utility, which represents an,addition or transfer to the capital of the System, and which is utilized to offset the acquisition, improvement or construction costs of the System. "Cost of Operation and Maintenance" of the System shall mean all current expenses, paid or accrued, for the operation, main- tenance and repair of all facilities of the System, as calculated in accordance with sound accounting practice, and shall include, without limiting the generality of the foregoing, insurance premiums, administrative expenses of the Issuer related solely to the System, labor, cost of materials and supplies used for current operation, and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice, but excluding any reserve for renewals or ''replacements, for extraordinary repairs or, any allowance .for depreciation. "Credit Facility" or "Credit 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 2 ,?,¦ ,n 1 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 managing 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 herein, by the Issuer or accruing to it in the operation of the System,' all calculated in accordance with sound accounting practice. "Holder of Bonds" or "Bondholders" or any similar term shall mean any person who shall be the registered owner ("Registered Owner") of any registered 1994A Bond, as shown on the books and records of the Bond Registrar. The Issuer may deem and treat the, person in whose name any 1994A Bond is registered as the absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and interest due thereon, and for all other purposes. "Issuer" shall mean the City of Clearwater, Florida. "Net Revenues" shall mean Gross Revenues less Cost of Opera- tion and Maintenance. 111994A Bonds" shall mean the obligations of the Issuer authorized to be issued pursuant to Section 6 of this Ordinance, which 1994A Bonds are to be issued as one series, designated the Series 1994A Bonds. 111994A Project" or 111994A Projects" shall mean the additions, extensions, supplements or replacements of the existing System within Pinellas County, Florida, for areas currently served by the System, pursuant to plans and specifications on file with the Gas System, Manager and the City Clerk and such other capital expenditures as set forth in the plans and specifications on file' with the Gas System Manager' and the City Clerk, or any other lawful purpose related to the, System or the 1994A Project, all as subsequently determined by the Issuer. "Ordinance" shall mean this ordinance of the Issuer as here- after amended and supplemented from time to time in accordance with the provisions hereof. "Original ordinance" shall mean City of Clearwater Ordinance No. 5118-91 as thereafter amended and supplemented from time to time in accordance with the provisions thereof. "Parity Bonds" shall mean the.outstanding Gas System Revenue Bonds, Series 1991. "Project costs" shall mean all costs authorized to be paid from the Construction Fund pursuant to Section 17 of this ordinance to the extent permitted under the laws of the State of Florida. It is intended that this definition be broadly construed to encompass all costs, expenses and liabilities of the Issuer related to the System which on'the date of this ordinance or in the future shall be permitted to be funded with the proceeds of any series of'Bonds pursuant to the laws of the State of Florida. "Reserve Requirement" for each series of Bonds shall be as determined by subsequent resolution of the Issuer. The Reserve Requirement for the 1994A Bonds shall be the lesser of (i), the Maximum Bond Service Requirement of the 1994A Bonds, (ii) 125% of the average annual Bond Service Requirement of the 1994A Bonds, or (iii) 10% of the net proceeds of the 1994A Bonds. ."System" shall mean the complete gas system now owned,, operated and maintained by the Issuer, together with any and all assets, improvements, extensions and additions thereto hereafter constructed or acquired. SECTION 3. FINDINGS. It is hereby found, determined and declared that: (A) The Issuer has heretofore enacted the original ordinance authorizing the issuance of certain obligations to be secured by and payable from the Net Revenues, and providing for the issuance of Additional Parity obligations, upon the conditions set forth therein, to be payable on a parity from such Net Revenues. ,(B) The Issuer now owns, operates and maintains the System and will continue to derive revenue from the rates, fees, rentals and .other charges made and collected for the service of such System, which Revenues and the other revenues pledged pursuant to the provisions of the Original Ordinance are not now pledged or encumbered in any manner, except for the payment of the Parity Bonds. (C) It is necessary and desirable to acquire, construct and erect additions, extensions, supplements or replacements to the System constituting the 111994A Projects",. as more particularly set forth in the plans and specifications on file or to be on file with the Gas System Manager and the City Clerk, in order to preserve and protect the public health, safety and welfare of the inhabitants of 4 -the Issuer and to issue the 1994A Bonds,to provide funds for such purposes. (D) The cost of such 1994A Projects shall be paid from the proceeds of the 1994A Bonds. (E) The principal of and interest on the 1994A Bonds and all required Sinking Fund, Reserve and other payments shall be payable solely from the Net Revenues derived from the operation of the System, as provided herein and in the Original Ordinance. The 1994A Bonds shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State, or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida, nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of, the 1994A Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the Issuer except from-the Net Revenues, in the manner provided herein and in the original Ordinance. The 1994A Bonds shall not constitute a lien upon the System, or any part thereof, or on any other property of the Issuer, but shall constitute a first and prior lien only on the Net Revenues in the manner provided herein and in the original Ordinance.' (F) The estimated Net Revenues to be operation of the System will be sufficient to p and interest on the Parity Bonds and the 1994A become due, and to make all required Sinking other payments required by this Ordinance ordinance. derived from the ay all principal of Bonds, as the same Fund, Reserve and and the Original (G) The Original Ordinance, in Section 16(T) thereof, provides for the issuance of Additional Parity Obligations under the terms, limitations and conditions provided therein. (H) The Issuer has complied with the terms, conditions and restrictions contained in the original Ordinance, The Issuer is, therefore, legally entitled to issue the 1994A Bonds as Additional Parity Obligations within the authorization contained in' the original Ordinance. (1) The 1994A Bonds herein authorized shall-be on a parity and rank equally, as to lien on and source and security for payment from the Net Revenues and in all other respects, with the Parity Bonds.' SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the 1994A Bonds authorized to be issued hereunder by those who shall hold the same from time to 5 time, this Ordinance and the Original Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. AUTHORIZATION OF 1994A BONDS-AND 1994A-PROJECT . Subject and pursuant to the provisions hereof, obligations of the Issuer to be known as "Gas System Revenue Bonds, Series 1994A" herein defined as the 111994A Bonds" are authorized to be issued in the aggregate principal amount of not exceeding $8,250,000.to (i) finance the costs of the 1994A Projects of the Issuer, (ii), make a deposit to the Reserve Account in the Sinking Fund to satisfy the Reserve Requirement (or to purchase a debt service reserve fund policy or surety, as determined by resolution of the Issuer adopted prior to the issuance of any series of 1994A Bonds) and (iii) pay the costs of issuance of the 1994A Bonds. The 1994A Projects are hereby authorized and expenditures from Revenues of the System are authorized to be made for costs of the 1994A Projects, which costs so paid subsequent to the adoption of Resolution No. 94-21 or as otherwise authorized hereby, are to be reimbursed from proceeds of the 1994A Bonds. SECTION 6. DESCRIPTION OF 1994A BONDS. The 1994A Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds and/or Current Interest Bonds; shall be dated; shall be numbered; shall be in the denomination of $5,000 each or integral multiples thereof for the Current Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or in such other denominations as shall be approved by the Issuer in a subsequent resolution prior to the delivery of the 1994A Bonds; shall bear interest at a fixed or floating rate not exceeding the maximum rate allowed by law, such interest to be payable semiannually on such dates and in such years and amounts; and shall mature on such dates and in such years, and in such amounts all as shall be fixed by resolution or ordinance of the Issuer adopted prior to the delivery of the 1994A Bonds. The 1994A Bonds are to be issued in one or more series, from time to time, either as construction or completion bonds, and if issued in more than one series, each series is to be separately designated as determined by resolution of the Issuer adopted prior to the issuance of any such series of 1994A Bonds. The 1994A Bonds shall be payable with respect to principal (and Compounded Amount in the case of Capital Appreciation Bonds) upon presentation and surrender thereof on the date fixed for maturity or redemption thereof at the office of the Bond Registrar; shall be payable in any coin or currency of the United States which 6 ¦ F<< / at the time of payment is legal, tender for the payment of public or private. debts; and shall bear interest from such date, but not earlier than the date of the 1994A Bonds, as is fixed by subsequent resolution or ordinance of the Issuer, payable in accordance with and pursuant to the terms of the 1994A Bonds. Interest on the 1994A Bonds which are Current Interest Bonds shall be paid by check or draft mailed to the Registered owners, at their addresses as they appear on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date for the 1994A Bonds (the "Record Date"), irrespective of any transfer of the 1994A Bonds subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in the payment of interest due ,on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the Registered Owners at the close of business on a special record date for the payment.of defaulted interest as established by notice mailed to the persons in whose names such 1994A Bonds are registered at the close of.business on the fifth (5th) day preceding the date of mailing. Payment of interest on the 1994A Bonds may',,at the option of any owner of 1994A Bonds in an aggregate principal amount of at, least $1,000,000, be trans- mitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon -written request therefor by the holder thereof for the appropriate interest payment date. If the date for payment of the principal of, premium, if any, or interest on the 1994A Bonds shall be a Saturday, Sunday,'legal holiday or a day on'which the banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday or legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The 1994A Bonds may be issued or exchanged for 1994A Bonds in coupon form, payable to bearer, in such.form and with such attri- butes as the Issuer may provide by supplemental resolutions, upon receipt of an opinion from a nationally recognized bond counsel that such issuance or exchange will not cause interest on the 1994A Bonds to be includable in gross income of the Holder for federal income tax purposes. SECTION 7. EXECUTION OF BONDS. The 1994A Bonds shall be executed,in the name of the Issuer by its city manager, counter- signed by its Mayor--Commissioner' and attested by its City Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The 1994A Bonds shall be approved 7 as to form and legal sufficiency by the City Attorney of the Issuer. The facsimile signatures of such officers may be imprinted or reproduced on the 1994A Bonds. The Certificate of Authentica- tion of the Bond Registrar, hereinafter described, shall appear on the 1994A Bonds, and no 1994A Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit.under this ordinance unless such certificate shall have been duly executed on such 1994A Bond. The authorized signature for the Bond Registrar shall at all times be a manual signature. In case any officer whose signature shall appear on any 1994A Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Any 1994A Bonds may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bonds shall hold the proper office with the Issuer, although at the date of enactment of this Ordinance such person may not have held such office or may not have been so authorized. SECTION 8. NEGOTIABILITY AND REGISTRATION. (A) NEGOTIABILITY. The 1994A Bonds shall be and shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida,, and each successive Holder, in accepting any of the 1994A Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all'of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the'State of Florida. (B) REGISTRATION AND TRANSFER. There shall be a Bond Regis- trar for the 1994A 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 respons- ible for the transfer and exchange of the 1994A Bonds. The Issuer shall, prior to the proposed date of delivery of the"1994A 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 compli- ance 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 1994A Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of the parties thereto.. The 1994A 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 1994A Bonds, along with the social security or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries -of the. trust, the date of the trust and the' name of the trustee. No 8 transfer of any 1994A Bond shall be effective until entered on the registration books maintained by the Registrar. In all cases of the transfer of the 1994A 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 1994A Bond or 1994A Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the Registered Owner is entitled to receive at the earliest practicable time in accordance with the provisions of this ordinance. Any 1994A Bond or Bonds shall be exchangeable for a 1994A 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 1994A 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 1994A 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 1994A 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 1994A Bond shall be delivered. All 1994A 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 1994A Bonds presented for transfer, exchange, redemption or payment (if so required by the Issuer), shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Issuer and the Registrar duly executed by the Registered owner or by his duly authorized attorney. SECTION 9. BONDS MUTILATED DESTROYED STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substi- tution for the Bond destroyed, stolen of lost, and upon-the Holder furnishing the Issuer proof of his ownership thereof and satisfac- tory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as afore- 9 said, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the source and security for payment from the funds, as herein- after pledged, to the same extent as all other Bonds issued hereunder. SECTION 10. BOOK ENTRY SYSTEM. Notwithstanding the provi- sions of Sections 7, 8 and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the 1994A Bonds, elect to use an immobilization system or pure book-entry system with respect to issuance of such 1994A Bonds, provided adequate records will be kept with respect to the ownership of such Bonds issued in book--entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as any Bonds are outstanding in book-entry form the provisions of Sections 7, 8 and 9 of this ordinance shall not be applicable to such 1994A Bonds. The details of any alternative system of issuance, as described in this para- graph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series 1994A Bonds. SECTION 11. PROVISIONS FOR REDEMPTION. The 1994A Bonds shall be subject to redemption prior to their maturity, at the option of the Issuer, at such times and in such manner as shall be fixed by resolution of the Issuer duly adopted prior to or at the time of sale of the 1994A Bonds. Notice of such redemption will be given by the Registrar (who shall be the Paying Agent -for the 1994A Bonds, or such other person, firm or corporation as may from time to time be designated by the Issuer as the Registrar for the 1994A Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) .not more than thirty (30) days and not less.than fifteen (15) days prior to the date fixed for redemption to the Registered Owner of each 1994A Bond to.be redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Registered Owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All 1994A Bonds or portions thereof so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any 1994A Bond for redemption in part only, the 'Issuer shall issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered owner, a new 10 dr ,•. .r• .`? .. - , ,. ;:.. fat • • 1 l : j .l % '- - .r , . ?' ' , , f ' ' , ,l i . ' r . • ! ? r /. r r ' , lf i? , l Y r , ' ' .. _ t ., 1.`t ,f • ,, , L ',/? ! i r it r' 1994A.Bond or, 1994A Bonds of authorized denominations in aggregate principal amount.equal to the unredeemed portion,,surrendered. Whenever any, 1994A Bounds shall be delivered toy the Bond Registrar for cancellation, upon payment of the principal amount .. thereof," or for replacement, transfer or exchange, sueh? 1994A Bonds ; shall be canceledand,l upon request of the Issuer, destroyed by the Bond Registrar." Counterparts of the certificate of destruction , evidencing•any such..destruction shall be furnished to the Issuer.. SECTION 12.. FORM OF THE 1994A BONDS. The text of the 1994A Bonds shall be in - substantially the following form with.'such omissions, insertions andvariations as may be 'necessary and',, desirable and authorized and permitted by this Ordinance or by any. subsequent 'ordinance or resolution adopted prior to-the issuance' thereof: ' . [Remainder ? of page intentionally left' blank] tip '• tk11 ,,F, -''• ? ?i`;/i';' • ?•3 ? ? ?e. _'. .,rte .} ?? iSt .3 ' 3 ., 1 5 jj •7w ?..fYlrFi *'f ,- _•{w' .a., ,' ss ...{''dry. (Form,of 1994A Bond)No. $ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER GAS SYSTEM REVENUE BOND, SERIES 1994A Dated Rate of Interest Maturity Date Date Cuin Registered Owner: r Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the city of Clearwater, Florida (hereinafter called "City"), for value received, hereby promises to pay to the Registered owner identified above, or registered assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such revenues,, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at the rate of interest per annum set forth above until payment of such sum, such interest being payable , and semi- annually thereafter on the first day of and the first day of of each year. The principal of and premium, if any, on this Bond are payable upon'presentation and surrender here- of on the date fixed for maturity or redemption at the principal office of (the "Paying Agent") in Florida, or at the, office designated for such payment of any successor thereof. The interest on this Bond, when due and payable, shall be paid by check or draft mailed to the person in whose name this Bond is registered, at his.address as it appears on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the city shall be in default in payment of interest due on such. interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in' whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Holder of the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name,such Bond is registered at the close of business on the fifth (5th)day 12 h, rt :, r . • preceding the date of mailing. Payment of interest on the 1994A Bonds may, at the option of any owner of 1994A Bonds in an aggre- gate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request there- for by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. This Bond is one of a duly authorized issue of Bonds in the aggregate principal amount of $ of like date, tenor and effect, except as to number, installments, maturity and inter- est rate, issued to finance extensions, improvements, and additions to the Gas System of the Issuer, pursuant to the authority of and in full compliance with the Constitution and laws of-the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No. 5118-91, duly enacted by the Issuer on August 15, 1991, as supplemented by Ordinance No. 5564--94, duly enacted by the Issuer on August 4, 1994, as amended and supplemented (hereinafter collectively called the "Ordinance"), and is subject to all the terms and conditions of such Ordinance. It is provided in the Ordinance that the Bonds of this issue will rank on a parity with the outstanding Bonds of an issue of Gas System Revenue Bonds, Series 1991, dated September 1, 1991, of,the Issuer (the "Parity Bonds"). This Bond and the Parity Bonds are payable solely from and secured by a first and prior lien upon and pledge of 'the Net Revenues, as defined in the Ordinance, which consists of the net revenues derived by the City from the,operation of the System (the "Net Revenues") in the manner provided in the Ordinance. This Bond does not constitute an indebtedness, liabil- ity, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, except from the Net Revenues, in the manner provided herein. It is further agreed between the City and the Registered Holder of this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues, in the manner provided in the Ordinance. (INSERT REDEMPTION PROVISIONS) 13 Bonds in denominations greater than $5,000 shall be deemed to be an equivalent number of Bonds of the denomination of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such may be redeemed, but Bonds shall be redeemed only in the principal amount of $5,000 or any integral multiple thereof. In the event any of the Bonds or portions thereof are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Registrar (who shall be the paying agent for the Bonds, or such other person, firm or corporation as may from time to time be designated by the City as the Registrar for the Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Holder of each Bond to be redeemed" in ' whole or in part at the address shown on the regis- tration books. Failure to give such notice by mailing to any Registered Holder of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any Bond for redemption in part only, the City shall issue and deliver to the Registered Holder thereof, the costs of which shall be paid by the Registered Holder, a new Bond or Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the cor- porate trust office of the paying agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day an which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. (To be, inserted where appropriate on face of bond: "Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect as if set forth on this side.") In and by the Ordinance, the City has covenanted and agreed with the Registered Holders of the Bonds of this issue that it,will fix, establish, revise from time to time whenever necessary, main- tain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of all costs of operation and maintenance of the System in such year and all reserve and other payments provided for in the Ordinance and 125% of the bond service requirement due in such year on the Bonds of this issue, 14 1 k ?r= b and on all other obligations payable on a parity therewith, and that such fees, rates, rentals and other charges shall not-be reduced so,as to be insufficient to provide adequate revenues for such purposes., The City has entered into certain further covenants with the Holders of the Bonds of this issue for the terms of which reference is made to the ordinance. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed, prece- dent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions,. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code - Investment Securities of the State of Florida. The Bonds are issued in the form of fully registered bonds without coupons in denominations of $5,000 or any integral multiple .of $5,000. Subject to the limitations and upon payment of the charges provided in the Ordinance, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the Registered Holder hereof in person or by.his attorney duly autho- rized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and of authorized denomination or denomina- tions, for the same aggregate principal amount, will-be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Holder of the Bonds to be trans- ferred or his attorney--in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer iden- tification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall enter the-transfer of ownership in.the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same Maturity Date and Rate of Interest for the aggregate principal amount which the Registered Holder is entitled to receive at the earliest practi- cable time in accordance with the provisions of the ordinance. The 15 r ?i 1` t City 'or the Registrar may charge the Registered Holder of such Bond ` of a Bond an amount sufficient for every such transfer or exchange , to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new`Bond shall be delivered. The City may deem and treat the Registered Holder hereof as the absolute owner hereof (whether, or not this Bond shall be over- due) for the purpose of receiving payment of or on account of prin- cipal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordi- nance until the certificate of authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF,, the City of Clearwater, Florida, has issued, this Bond and has caused the same to be executed, by the manual or facsimile signature of its City Manager and countersigned by the manual or facsimile signature of its Mayor-Commissioner, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by,the manual or facsimile signature of its City Clerk, as of the Dated Date. , CITY OF CLEARWATER,'FLORIDA (SEAL) City Manager Mayor-Commissioner ATTEST: APPROVED AS TO FORM AND LEGAL'SUFFICIENCY: City Clerk City-Attorney. CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR This Bond is one of the Bands of the issue described in the within--mentioned ordinance. By Authorized Signature Date of Authentication 16 The following abbreviations, when used in the inscripti the face of the within Bond, shall be construed as though they ' written out in full according to applicable laws.or regulat3 R TEN COM = as tenants in common UNIF TRANSFERS TO MIN ACT- TEN ENT - as tenants, by the entireties (Cust.) JT TEN as joint tenants Custodian for with right of sur-- (M no vivorship and not as under Uniform Transfer tenants in common Minors Act of (State) Additional,abbreviations may also be used though not in above. ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"),, hereby sells, assigns and transfers unto (Please insert nam Social Security or Federal Employer Identification numbs assignee)' the within Bond and all rights thereunder, and 'h irrevocably constitutes and appoints (the "Transferee") as attorney to register the tra of the within Bond on the books kept for registration thereof, full power of substitution in the premises. R Dated: Signature guaranteed: NOTICE: Signature(s) must be NOTICE: No transfer 'wil- guaranteed by a member of the registered and no new Bond' New York Stock Exchange or a be issued in the name o commercial bank or a trust Transferee, unless the s company. ture(s) to this assi corresponds with the name appears upon the face of within Bond in every par lar, without alteratio enlargement or any change w ever and the Social Securi Federal Employer Identific Number of the Transfere supplied. (End of Form of Bond] 17 j SECTION 13. APPLICATIO1 The 1994A Bonds, herein authc as herein expressly provided) obligations issued under the and.shall be entitled to all therein for the Parity Bonds, to the same security, rights Bonds. t^OF PROVISIONS OF ORIgINAL ORDINANCE.- )rized, shall for all purposes (except be considered to be Additional Parity authority of the Original ordinance, the protection and security provided and shall be in all respects entitled and privileges enjoyed by the Parity The covenants and pledges contained in the Original ordinance shall be applicable to, the 1994A Bonds herein authorized in like manner as applicable to the Parity Bonds. The principal of and interest on the 1994A' Bonds shall be payable from the. Sinking Fund established in the original ordinance on a parity with the Parity Bonds, and payments shall be made into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and, interest' on the Parity Bonds and the 1994A Bonds as such principal and interest become due. SECTION 14. APPLICATION OF 1994A BOND PROCEEDS. The proceeds, including accrued interest and premium, if any, received from the sale of any or all of the 1994A Bonds shall be applied by the Issuer as follows: (A) The accrued interest shall be deposited in the Interest Account in the Sinking Fund created in the original Ordinance and shall be used only for the purpose of paying interest becoming due on the 1994A Bonds. (B) Unless provided from other funds of the Issuer on the date of issuance of any series of 1994A Bonds as set forth in Section 16(B) of the original ordinance, a sum equal to the Reserve Requirement for the 1994A Bonds shall be deposited in the subaccount in the Reserve Account in the Sinking Fund, herein created and established for the benefit of the 1994A Bonds, and shall be used only for. the purposes provided therefor, or, if determined by subsequent resolution of the Issuer, a sum equal to the premium of a debt service reserve fund policy or surety provided in satisfaction of the Reserve Requirement for such series of 1994A Bonds. (C) Unless paid or reimbursed by the original purchasers of the 1994A Bonds, the Issuer shall pay all costs and expenses in connection with the preparation, issuance and sale of the 1994A Bonds. (D). The balance of the 1994A Bond proceeds shall, be deposited in the Construction Fund. SECTION 15. SPECIAL OBLIGATIONS OF ISSUER. The 1994A Bonds shall be special obligations. of the Issuer, payable solely from the Net Revenues as herein provided. The 1994A Bonds do not constitute z . an indebtedness,' liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State of Florida or any political.subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the 1994A Bonds, the interest thereon or other costs incident thereto, or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein. The acceptance of the 1994A Bonds by the Holders from time to time thereof shall be deemed an agreement between the Issuer and such Holders that the Bonds and the indebtedness evidenced thereby shall not constitute a lien upon the System, or any part thereof,' or any other property of the Issuer, but shall constitute a first and prior lien only on the Net- Revenues, in the manner hereinafter provided. The Net Revenues shall be immediately subject to the lien of this pledge without any physical delivery' thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. The payment of the principal of and the interest on the Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues of the System, as def ined herein, on a parity with the Parity Bonds and the Issuer does hereby irrevocably pledge such Net Revenues of the System to the payment of the principal of and the interest on the 1994A Bonds, for the reserves therefor and for all other required., payments . SECTION 16. COVENANTS OF THE ISSUER. The provisions of Section 16 of the original Ordinance shall,be deemed applicable to this Ordinance and shall apply to the 1994A Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 17. CONSTRUCTION FUND. The Issuer covenants and agrees to establish a separate fund to be known as the "City of Clearwater Gas System Revenue Bonds Construction Fund," which shall be used only for payment of the cost of the 1994A Project, which shall include the payment of interest, and if due, principal, on -the 1994A Bonds prior to the date on which the 1994A Project is fully,placed in'service. Moneys in the Construction Fund, until applied in payment of any.item of the cost of a Project, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The Issuer shall establish within the Construction Fund a separate account in the construction Fund for each series of Bonds. The Issuer covenants that the acquisition, construction and installation of each Project will be completed without delay and in 19 :'S accordance with sound engineering practices. The Issuer shall make disbursements or payments from the construction Fund only to pay the cost of a Project. Notwithstanding any of the other provisions of this Section 17, prior to the date the 1994A Project is placed in service, and thereafter, to the extent that other moneys are not available therefor, amounts in the Construction Fund shall be applied to the payment of principal and interest on Bonds when due. Promptly after the, date of the completion of a Project, as determined by the Gas System Manager, and after paying or making provisions for the payment of all unpaid items of the cost of such Project, the Issuer shall deposit in the following order of prior- ity any balance of moneys remaining in the construction Fund in (1) another account of the Construction Fund for which the Gas System Manager has stated that there are insufficient moneys present to pay the cost of the related Project, (2) the Reserve Account, to the extent of any deficiency therein, and (3) such other fund or account established hereunder as shall be determined by the City Commission of the Issuer, provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for federal income tax purposes. SECTION 18. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHOUT CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the original ordinance shall be deemed applicable to this ordinance and shall apply to the 1994A Bonds issued pursuant to this ordinance as though fully restated herein. SECTION 19. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS OF BONDS. The provisions of Section 18 of the Original ordinance shall be deemed applicable to this Ordinance and shall apply-to the 1994A Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 20. DEFEASANCE. The provisions of Section 19 of the original ordinance shall be deemed applicable to this Ordinance and shall apply to the 1994A Bonds issued pursuant to this ordinance as though fully restated herein. SECTION 21. GOVERNMENTAL REORGANIZATION. The provisions of Section 21 of the Original ordinance shall be deemed applicable to this Ordinance and shall apply to the 1994A Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 22. TAX COVENANTS. r`. (A) The Issuer covenants with the Registered owners of each series,of Bonds that it shall not use the proceeds of such series of Bonds in any manner which would cause the interest on such 20 l? { series of Bonds to be or become includable in the gross income of the Registered Owner'thereof for federal income tax purposes. (B) The Issuer covenants with the Registered owners of each series of Bonds that neither the Issuer nor any person under its control or direction will make any use of the proceeds of such series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such series of Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and neither the Issuer nor any other person shall do any act or fail to do any act which would cause the interest on such series of Bonds to become includable in the gross income of the Registered owner thereof for federal income tax purposes. (C) The Issuer hereby covenants with the Registered Owners of each series of Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from the gross income of the Registered owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. SECTION 23. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the security or the value of the 1994A.Bonds. Such covenants maybe set forth in a resolution adopted prior to or simultaneously with the sale of the 1994A Bonds and shall have the same effect as if such covenants were set forth in full in this ordinance. SECTION 24. PRELIMINARY OFFICIAL STATEMENT. The distribution of a Preliminary Official Statement relating to the 1994A Bonds is hereby approved in such form and substance as shall be approved by the,Mayor and City Manager of the Issuer. The Mayor and the City Manager are hereby authorized to deem such Preliminary Official Statement as "final" within the meaning of Rule 15c-2-12 of the Securities and Exchange Commission, except for certain "permitted omissions" as defined in such rule. SECTION 25. VALIDATION NOT REQUIRED. In that the City has previously validated the issuance of its bonds to finance the acquisition and construction of additions and expansions to its System, and all of the 1994A Projects authorized hereby constitute additions and expansions of its existing System, the City has determined not to validate the 1994A Bonds. SECTION 26. SEVERABILITY. If any one or more of the cove- nants, agreements, or provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then 21 , rC? t ? ' " . such covenants, agreements. or provisions shall 'be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Ordinance or of the Bonds. ' -'- R SECTION 27.•-REPEAL OF INCONSISTENT INSTRUMENTS. All ordi- ?:= " nances or resolutions, or parts thereof, in conflict h erewith are hereby repealed to the extent of such conflict. SECTION 28. EFFECTIVE DATE. This Ordinance shall take effect 1=ediately upon its enactment. PASSED.ON FIRST READING ` PASSED ON SECOND AND FINAL READING AND ' ENACTED ' Rita Garvey Mayor-Commissioner :. Attest: Cynthia E. Goudeau City Clerk Approved as to' form and legal sufficiency: E Alan Zimmet Interim:City.Attorney ` .•p ,. .` , .fit .f _ .. 22 i .. r ?, i sift;???,' ?,`q. '? + '• ''''e SUMMARY OF 1994 GAS R1 WINU1s BONI) ISSUE FOR CSWi7/6/94 i C Ir R W K>;Ir G S 5 S' ' M E E msIO ($ Millions) ..' ISSUE ISSUE '. ' 1.onpjsu'ieo Stmtceic Plan Bond Issues (1993- 2000) 'T'O'NAL 1994A 199413 , Pinelins Counly Gns'Mnln & Service Extensions $ 12.93 S,5.67 7.26 ` . Pasco County Gas Win & Service Extensions 9.56 -0- 9.55 Develop New Grin Markets (NG Vehicles & Gas A/C) 2.2 Subtolarl Net Capital Renuiinmerils for Stmiegia I'inn Exrnnsiun $74-73- $ 7.01 Allowance for Additional Authorized 2xpausion Projects'-* 5.0o -U- , 5.00 Allowance for Bond Expenses & Debt'Service Reserve stand,"* 5.27 ' .' Tofid 1994 Gas Revenue Bond Isstia Rcnim-hied # S 35.00 $ 8.2-5 W.75' -` PROJ).CT[rD SERIES° ' SI?RI$5 l iti"ag Risycnue_Bond.Scr;w; (19.23 - 1996) C05'T' 1994 19948 Pinellas County' Gas Main & Service Extensions (1993-1996) $ 5.67 4y., - Commercial & Residential Main & Service Line Extensimz,4 $ 3.64 - MniniRclocation due to Highway lmnrove metits & Other Public Works Projects .89 - Indian Rocks Loop .5o = Pinellas Vehicles (8) & Cornptifers (7) .15 - Engineering Design Services .20 - Gas,Metee Chnngeout Program .20' - Proparie Tanks & Installation .09 ' Pasco County Gns Main & Service Extensions (1994-1996)11// -t7- 7.06 ! -'T'runk Main Line Extension 5.40 - Commercial & Residential Main & Service'Line F-mensions 1.40 -'Enginee'ring Design Services and Other Consultants :20 i - Pasco Vehicle-s (3) &' Compulers (2) .OG Develop Now Gas Markc& (1993-1996) - Natural Gas Vehicle Stations/Conversions & Gas Air Conditioning ' 1.30 "' - Mnrketing Vehicles (2) & Computers (3) .04 ' .I Subtotal Net Capital RmInirements for Gas Dond Scrips $ 7.01 $ 7.06 Allowance for Bond.Expenses & I?cbt Service, Reserve Fund :'Told Initial Gas Revenue Bond Scrien R(xitic teal 11 .$,8.25 $.30 : Allownnco for'cast effective project additions to the Strategic Plnn as author ized by the City Commission. Cost of bond issuance estimaled by our 1'tsmicial Advisors inclndinq Dcl7os it to (lie Debt Service Remerve fund. " :;:;•?. !/' This is a not to•exeeed figure; however, ilia Issue 1994D lolal may very ns it will reflect (lie balance not utilized in Isstie 1994k 1111 Covers (lie first 2,ycau; of Pasco Colmly Gas I'sxlmrisiori'nriginally lyrojcclcd in the CGS Strategic Pisan for 1993-1995, 6f 7U !-29•-' 94 WED 10: d9 1 D: R3A M113L 1 C F I IJf?! Fr ? rAx 1.10: 813--573-8315 ? • 1 iF`• City of Clearwater, Florida Gas System Revenue Bonds, Series 1994A FWELTMiNARY UA'tC'-A]-DjU DATE ACTION E PUN um 7 Juno 24 Revisal Drnit ofl3ond Ordinance BC June 28 First Draft of Resolution to Authorize Printing and Publishing BC July 1 10.30 n.m. - Conference Call to Discuss Comments on Dand All Ordinance and Resolutlonn to Audtarizc Printing and Publishing ' S July 6 Distribute Revised 13ond Ordinance and Resolution to Authorize IBC ,PriritiugandPublishing " July 7 First Draft of Preliminary Ot:ticinl Sintement , DC July 7 Submit Dommienns to Bond lnsurem%nting Agencies rA July'S Submit Bond Ordinance and Resolution to Awhorke Prirtthi BC ' nud Publishing to City r July 14 Conference Call to Discuss Comments on POS All : s July 21 Receive Commitment for imuratnce/Ratings FA August 4 Second Reading of Ordinance and Sate Rending of Resolution to All' _ Authotize Printing niid Publishing August 9 Revised Draft of POS DC August 25 Mail Preliminary official Statement FA ?. , 'Publish Notice of Sale September 12 Public Sale, Aimd of Bondy. All r ' September 14 Draft of Closing Documents/Officinl Staten cat BC ': ?` . 1:.1 •f ?:i? ' • ? 1 : . !'?".?' ? • y1, ? ?e:i.a alt, Ya; C? je f ••., q ??'?' ., i?'"?, if ? ' .?.'?'?.` ri M, v '"• (, ? „1'. ,'.>•: ??' 'F '. ;'1 •a:?. ".hJnr '.. . .r,5 .'J .rt':' °t':... .2*JS £ ?y. .1 ., • '• ` ., r J P? , ... r F..f. 9 t 11 r' ? .e 'r , ' _ ` P i. . . ' . ? r ? { , % I , I 1 1 !1 . ' - ? , ! ' ' ;'f r r .. I 1 .r•t` ,1• k ``,f t ,.?' '65 y . . . 1 ' s. . ?y?`.l r f l _ !,1 i' ••1?'i '?1 r Y . rt{?Wi 'f f '.l` • i, ' ?r,R' ? I,'k .f, ? ? s .1 , , t .I + 1 . . .. _ .r1. •_ , .. 1 ,i : A ?! ?ri'•f F,,r 1/'.. i ? ?P i? k. . /? 2? f, 1'.'' '! F ? ? ? < .I ? r r- r? 1 a ! ? - ^Y •1^'r`, `^t< s d ice`` S.. flw ?"i •a?•r '?E, i??lj/' ;f'-4 ?' ?1 ?'.j ?' '! •. 7,. ..1 JLJ-4-29-' 9a LIED 10:50. I D: RJA PULL 1 C F I I P.IC5 FASO' NO Bi3-573-83i5 #397 M4i05 City of Clfn!?ivatet•, I+lot'idtt Gas System Revenue Bonds) Series 199411, ' Pf3AX-'?IMETABI,E_{CQNINxT M ? ; l?' ? USPONSEB '. • September 19 Print:utd Mall Off a1 Stal r i PC^ f; September 27 )arc-Closing All ' r September 28 Closing All , Keyi ILZeviscd June 29, 199 r'a,• City: Cky of Cieanvater s Bond Cotuiscl (Bryant, Miller & Olive) FA: Financinl Advisor (R• y:nond Joines & Associntes, Inc:) DC: Disclosure Counsel (Bryant, Miller & Olive) ? ' • ' ) ' - ` - ? I 1. f 11 ...' .. , r f r r 1 ? .D Y , General * Bond issues on agenda are: * Not to exceed $12.5'million for Municipal Services Building (first reading) * Not to exceed $8.25 million for Pinellas Gas Expansion (second reading of amended ordinance and sale resolution) * City Charter requires a referendum for revenue. bonds issued for projects in excess of one million dollars with the exception of revenue bonds for public health, ' safety and industrial development and revenue bonds for refunding. General obligation Bonds require referendum (Florida Statutes). These are bonds which pledge the full, faith and credit and taxing power of the municipality'and for payment of which recourse may be had against the general fund of the municipality. * Revenue Bonds'mean'obligations of the municipality which are payable from revenues derived from sources other than ad valorem taxes and which do not pledge the property, credit, or general tax revenue of the municipality. * Gas Revenue bonds qualify for the *public health and safety exception. 1983 Gas System Revenue bonds were validated for this issue. * City will validate municipal Services Building bond issue on the public health, safety and industrial development issue. If validation is successful, no referendum will be required. $12.5 million for Municipal Services Building * Proceeds from bond issue expected to generate $11 million for the project after providing for deposit into debt service reserve and bond issue costs. * A pledge-of Public Service Tax will be used to secure payment on these bonds over 36 years.- There will be no increase in the Public service Tax due' to the issuance of these bonds. * Public Service Tax collections for fiscal year 1992 and'.1993 were $9,943,853 and $10,740,616, respectively. $8.25 million for Pinellas Gas Expansion * The 1994 bond issue has been separated into'2 issues 7r * .1994A - This issue which -is to pay for first 3 , years of Pinellas County-projects only. 1994B - Other issue used to pay for, Pasco County expansion projects as _well _ as future Pinellas County projects. I .t.Y . Yt ;wii' « t "f' 2'rf ;4:, ,sV ?', •..`r .,, r,; . •3. air.. ,F:'rY:-" 'r,lt ,•i°1.rP,-r i *.50 , r,'j, ' r,{' 1 .. I: .. .I?a ,? ?1 .ti:J A': 'lrYf •''''R,r "''l.? ').'• "tl: *?]H_ ?1?..?., {,t'li}i {`Y/i?S*. X -f, tegl•.r I " , ,. , •f r • 1 .I. • .' ,r I .F' .(• ?1 ,'?•, 9'f ''sf? 41 .1 ..r•?? 17J ??1 a , , ,f.Sr •.i.l .+k ..fr'i'SAI',Y. i' .'..!..1' .C ` ..' .S r ,J?r 3,',?1 ?. CLEARWATER, FLORIDA ' GAS SYSTEM REVENUE BONDS, SERIES 1994A INSURED SCALE 30 YEAR ISSUE + `SOURCES AND USE Dated 9/01/1994 Delivery 9/28/1994 ' t Par Amount of Bonds ............................... $8,180,000.00 Accrued Interest from 09/01/1994 to 09/28/1994... 39,696.19 '.' Tota! Sources $8,219,696.19 ' Total Underwriter's Discount (2.000X) ,,,,,........., $163,600.00= Costs of Issuance ........ :...................... 75,000.00 Gross Bond Insurance Premium.........` ..:.......... 108,746.50 Deposit to Debt Service Reserve Fund (DSRF)......... 818,000.00 Deposit.to Debt•Service Fund ...................... 39696.19 t•' Deposit to Project`Construction Fund .............. 7,010,000.00. " Contin enc '4,653.50 9 y .... .......... Total Uses $8,219,696:19 4 Raymond James 8 Associates, Inc. FILE = GAS9430 Public Finance Dep6rtment 7/12/199G 9:21 AM % .i.,.•,sr!,. - .I +? ??` •?->.:? ,3, ,, `y .fj •' ..i;f ,rr• •r: •'.?•'i'''?i`>?."r`,±'4f f N?•i ,f',;:Frr ?,,, ''_:t,+E of f CLE ARWATER, FLORIDA GAS SYSTEM REVENUE BONDS, SERFS 1994A INSURED SCALE, 30 YEAR ISSUE PRICING SUMMARY DATE PRINCIPAL COUPON YIELD MATURITY VALUE PRICE DOLLAR PRICE BOND YEARS 9/01/1997 - 4.70000% 4.69872X • - 100.000% - - 9/01/1998 - 4.95000% 4.94891% - 100.000% - - 9/01/1999 - 5.10000% 5.09905% - 100.000% - 9/01/2000 „ - .5.25000% . 5.24914% 100.00ox - „ ss: 9/,61'1zQ01 i':::.::;:..:' :. - • .: i .:5.35000% ;, 5:34922% .. :.:. - . .. IOD.0009 '.: , ", ::.... . 9/01/2002 - 5.45000% 5.44927% - 100.000% - - 9/01/2003 - 5.55000% . 5.54931% - 100.004% - ' 9/01/2004 5.65000% 5.64933% - 100.000% - - 9/01/2005 - 5.75000% 5.74936% - 100.000% - - zi?LO.?/2093 `.<'s'i,...i:.. ..:<:.,., .... :5:05000% ".;.5;84937% 00.004%'.:. .,.. ` 9/01/2007 - 5.95000% .5.94938% 100.000%, - 9/01/2008 - 6.05004% 6.04939% - 100.000% - 9/01/2009 - -6.15000% 6.14939% - 100.000% - - 9/01/2014 535,000.00 6.35000% 6.34944X 535,000.00 100.000% 535,000.00 10,700.00 .5 9/01%ZQ14 .:.:';3, 230; 000:40 :• ''6:450009 ' : 6.- 44 9?,7X .. 3, 230; 000.00 100:000% . ' . 3, 230, 000:00:`:.:':: .:':. ; ..74;700:0 9/01/2024 4,415,000.00 6.50000% 6:49950% 40415,000.00 100.000% 4,415,000.00 124,180.00 TOTAL a, 180, 000.00 - • 8,180,000.00 - 8,180,000.00 209,580.00 r? ` Raymond James b Associates, Inc. FILE z GAS9430 Public Finance Department 7/12/1994 .9:211AM BID INFORMATION Par Amount of Bonds ............................... $8,180,000.00 (Discount)/Premium ................................ Grass Production (100.0000000%.) $8,180,000.00 Total Underwriter's Discount (2.000'%.) ............. 5163,6001100 Bid $8,016,400.00 Accrued Interest from 09/01/1994 to 09/28/1994... 39,696.19 Totat Purchase Price $8,056,096.19 Bond Years ....................................... 209,580.00 is Average Life ...................................... .25.621 YEARS = Average Coupon .............................:...... 6.4745205% Net Interest Cost (NIC) ........ ...... I............ . 6.5525814% :• True Inceresc Cost (TIC)....... ................... 6.6364024%. • f r , i CLEARWATER, FLORIDA GAS SYSTEM REVENUE BONDS, SERIES 1994A INSURED SCALE 30 YEAR ISSUE D EBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST DEBT SERVICE 9/01/1995 - -' 529,282.50 529,282.50 9/01/1996 - - 529,282.50 529,282.50 9/01/1997 4.70000% 529,282.50 529,282.50 .9101/1998 - 4.95000% 529,282.50 529,282.50 <:,9/01/1999 :.5.10000% '... 529;282:50. 524,282:50 ., 9/01/2000 - 5.250009 529,282.50 529,282.50 9/01/2001 - 5.35000% 529,282.50 529,282.50 9/01/2002 - 5.45000% 529,282.50 529,282.50 9/01/2003 - S.5S000X 529,282.50 529,282.50 V ;;:;:9%01%2004;' ...:. :-;5.'65000% ':J :529;282-50 282i50 ,9/01/2005 5.75000% 529,282.,50 529,282.50 9/01/2006 - 5.85000% 529,282.50 529,282.50 9/01/2007 - 5.95000% 529,282.50 529;282.50 9/01/2008 - 6.050009 529,282.50 529,282.50 9/0 1 %2009' 6:.15000% .:• .:.:.529;282:50 '.: 524;282.50 .9/01/2010 - 6.35000% 529,282.50 529,282.50 9/01/2011 6.35000% 529,282.50' 529,282.50 9/01/2012 - 6.35000% 529,282.50 529,282.50 9/01/2013, 6.35000% 529?282.50 . 529,282.50 ' ;x.9/01/2014 535,000.04` . 6'35000% ' .. ; 529,282:50' , .. -1 064,282.50 :; 9/01/2015 565,000.00 6.45000% 495,310.00 1',060,310.00 9/01/2016' 605,000.00 6.45000% 458,667.50 1,063,867.50 9/01/2017 645,000.00 6.450007. 419,845.00 1,064,845.00 9/01/2018., 685'1000.00 6.45000% 378,242.50 1,063,242.50 ' 9/01/2014 :: .: 730000.00 • •6.45000%. .' 334;060.00 1,064,060.00'... 9/01/2020 775,000.00 6.50000% 286,975.00 1,061,975.00 9/01/2021 825,000.00 6.50000% 236,600.00 1,061,600.00 9/01/2022 880,000.00 6.50000% 182,975.00 1,062,975.00 9/01/2023 935,000.00 6:50000% 125,775.00 1,060',775.00 .<:.9/01/2024` . . 1,000,000.00 6.50000%. 65'000'.00 065•;000:00,'. TOTAL .. 8,180,000.00 - 13;569,300.00 21,749,300.00 . Raymond James 8 Associates, Inc. FILE = GAS9430 Public Finance Department 7/12/1994. 9:21 AM YIELD STATISTICS Accrued Interest from 09/01/1994 to 09/28/1994... .39,696.19 Average Life ...................................... 25.621 YEARS Band Years ....................................... 209,580.00 .=-. Average Coupon........... .'............ 6.4745205% Net Interest Cost (NIC) ...:....... .......... .. .... 6.5525814% • . . Bond Yield for. Arbitrage Purposes......'..... :..... 6.5803360% , True Interest Cast.(TIC) ....................... 6.6360024% .; A' Effective Interest Cost (EIC) ..................... 6.8268024% 31 S .Y : A r. •4 r w rr A: .. . . , . . .. .. ? ' • - ., , . ? E' .tom. 1Yk 1 t CLEARWAIER, FLORIDA GAS SYSTEM REVE NUE BONDS COMBINED GROSS DEBT SERVICE (SERIES 1991 9 1994A) -DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST DEBT SERVICE 9/01/1995 150,OOD.00 1,017,302.50- .1',167,302.50 9/01%1996 240,000.00 - 1,008,902.50. 1,248,902.50 9/01/1997 255,000.00 995,102.50 1,250,102.50' 0111998 9/ 2700000.00 980;312.50 1,250,312.50 , %;X91$1'1.14g9: :?:;':'.?.??eS':40o40::: ?,;:<,':,. ? . :' . a:`.9?. ;382:50:`:: a :::::•.1:24 , 9/01/2000 300,000.00 947,282.50 1,247,282.50 9/01/2001 320,000.00 - 928,982.50 .1,248,982.50 9/01/2002 340,000.00 909,142.50 1,249,142.50 9/01/2003 360 000.00 887,722.50 1,247,722.50 ........„ ...... ::Q%Q?%200?if;:`::. .':``380?QOQ?QOs.: :.....:iI3?41?82:5ps. .r;d 1y244'i?82':50•f': 9/01/2005 .. , 410,000.00 ' - 839,982.50 1,249,982.50 9/01/2006 435,000.00 - '813,332.50 1;248,332.50 9/01/2007 465,000.00 - 785,057.50 1,250,057.50 9101/2008 490,000.00 - 7541832.50 • 1,244,832.50 > {?9/01?2009.:<:•::?'.::525;000:00 ;r. ..... ,.. ::722,982:50. ; ...: :::':;1;247;982:SO;;a--, 9/01/2010 560,000.00 - 688;857.50 1,248;857.50 9/01/2011 595,000.00 - 652,457.50 1,247,457.50 ` 9/01/2012 635,000.00 - 613,782.50 1,248,782.50 9/01/2013 665,000.00 - 572,507.50 1,237,507.50 , r9 owoi4': :,'', `535;000;00"., .. :. ,. .' :.::529;282:50: : 064',282:50',:<: 9/01/2015• 565,000.00 - 495,310.00 1,060,310.00 '9/01/2016 605,000.00 - 458,867.50 1,063,867.50. 9/01/2017 645,000.00 - 419,845.00 1,0640-845.00 „ 910.11.2018 685,000.00 - 378,242.50 , „•1,063,242.50. h9l01/2019.:,';:;.: ;`.730;b00:00 ..'.•:334;060:06: ::. 1064;060.00: .: 9/01/2020 775,000.00 - 286,975.00 1,061,975.00 9/01/2021' . 825,000.00 236,600.00 '., 1,061,600.00 9/01/2022 880,000.00 - 182,975.00 1,062,975.00 1/2023 9/0 - 935,000.00 - 125,775.00 1,060,775.00 , 1/2024 <::,'1,00007(f00:00 65,'000 00 •...;.1Q65,000:00':a: TOTAL 15,860,000.00 19,460,540.00 35,320,540.00 Raymond James &.'Associates, Inc. FILE GAS9194 Public Finance Department 7/12/1994 9:25 AM, Set: - j -r' • .? . , • ; . - .. .. - f, j • it ,l.1_?S• '. N': ?•}`i9'r! Rip i Y??F?ii rl7:r .3' ,'?); ,.'t?..R; t.. .• .t? t' _ ?,r a ', 3. t:'.:,?...j^ r- ?, .1. .syx.: ,'rr r•. f. r? .I,.r ...,.r :t .. Y. ? f, .. f y, ? L "' ?rp .. 'i?' • .F' : ?: •-, • ,1'' r? ?:.'' ?j?'.f } ?•?'?y' /,'"yy" )E.t ,cry" ?' {!sir, 4 , ? . ,y.. 'r` ,}':' { •=F fir' . r ? ? ? r " - r ? ? •',s .. 't .. ., .' Ufa 1d .1`r .f, ° - r ,- . ' ? 3 r ` ' , ,'r•1 r 1 1,' .,t}a , r?'' ?, 1't'f ,.'-{'?I' i ` i= ? . i ?i'Y, rf '.: P!: ? ? r . iI "'F I ? ..6 •r•1. ..',I?'t _ t'r , 1 - ! ! ' _ ,1 .}, ,I, ;!r •! ,ttd ,r!', .S : !A= e 3 j 1 " ' r ? ? l ? s :f °, , "y • :,f ` =.t .Ir . ? t?•'° r' yr'..as_, , E is "' ?•';.r el •r?. '!? is .'ri r .s , _ ,.r. ''vC r7 •?5r'`i. ?:f. 'r? .,f; 1?•%f?~?'<'.: ? ? ... r ,Ir;. y '1 ?r-t? '`i:: r _ ?r rr, `rF•, r. 'a"y? t. `r° , - • ?J, :1 ''r. P r 'i ?'"7: r '+r?'r-y1,• `?! ''1 ?'e, I ?:.'' ?`'. ' r• ? ? ° Y}? e .. ',`I q'. : r'+. .?1? ? =.ib?''. Sa: -L°^^r 2'l.r` ti. YY..°!'?r •?.'1'•w,:• ;'t ,.ff'. ^;F.i?.cs ,L - '! ?>'•. '. ? s' 'ti' t:r ,?s.: 7 ?° r !' 'Er,r,S?J Cl:.'. .... .1 ..•j t'. r ...? a , 5 1f. pia •.. .., .. .. .. f..x„ .,. ... ,. • ?', ,.. '. .,', .,k' • ?j', .>r ? r.',? `Fay. 'E N, 1'^I?, y''?• .. .:1 't .r r ? ? ?' .. ?1? ' ? ? i? ? •, ? ? ? ?! ? ? r ?1 ? ', Y; [ 't,';si •'.?i DAT E ITEM r??i ,' ? Y .. erf, ? .,. r. ? ?, r+ ' , .. ,' ...,I f • J - r.r SS ,5,. } P r i ? , ' .. ' F.. ? 1, lEl• J s "!.. ? ? .. . ? !S ? `''Pi r rJ. y1?° , .. i ?k, ? ?r.' Ir • • ' .' _' ` f?. .. ?5-3•''it .?.5.? -i.r_?_..-?? _ -?_ ?_ _.__. __ , ,!• - - -__- ,'. .r ,. ?r. ° .. s?!?1 ? , ' . ,,"f?rf???, ?i*?.. '1,59 _. ..Y-.?:i'?`,'?l:l?tit??+rzi?+:`tliyl?5'tJ t-j .S ?. 'CC11Y?' ?'r i .'•?R1 •1 i ?r d'Ylts.'. 7.1 r bra Clearwater City Commission Agenda Cover Memorandum W Item # Meeting Date: ?-q.qy. , , SUBJECT: ` Public Sale of not exceeding $8.25 million Gas System Revenue Bonds, Series 1994A - Resolution 94--55 RECOMMENDATION/MOTION: Adopt Resolution 94-55 providing for the public sale of not to exceed $8.25 million Gas System Revenue Bonds, Series 1994A ® 'and that the appropriate officials be authorized to execute some. rr_riri.u inru¦ i iii i .uwn..rrr. mnrrnnin..o?rrrrrr BACKGROUND: Gas System Revenue Bonds, Series 1994A, for $8.25 million will accommodate the first three (3) years capital expenditure budget (FY 1993-1996) for the Pinellas County portion of the Clearwater Gas System Strategic'P1an., Since the proceeds of this issue will only be used in.Pinellas County, no validation is required. 'This issue will be sold through competitive public sale scheduled for September 12, 1994. Current plans'are to repay the bonds over 30 years. A pledge of Gas System revenues will be used to secure payment of the principal and interest on the bonds. ' The adoption of this resolution authorizes the public sale and award of the bonds to the bidder offering such interest rate(s) and purchase price which will produce the lowest true interest cost to the city over the life of the Series 1994A Bonds.' Included with this resolution are the following exhibits: Exhibit A - Form of Notice of Bond Sale Exhibit B - Form of Summary Notice of Sale Exhibit C - Form of Bid Proposal ExhibitD - Preliminary Official Statement The above exhibits cannot be finalized. until just-prior to the Commission meeting date due to pricing considerations and market conditions. Final exhibits will be distributed as soon as possible. Reviewed by: P originating Dept: Costs: "/A-- __ _ Commission Action: Legal Bud et DOAS/Finance $? Total ? Approved g Purchasing WA, nA S 13 Approved u/conditions Risk Mgmt. NIA User Dept: Current Fiscal Yr. 13 Denied CIS N A ACM ??- C[earWater Gas system Finding Source: 11 Continued to: Other ? Capital imp. Advertised: ? Operating Attachments: Date: l7 other Resolution 94-55, with Paper: Attachments A, B, C, D ® bl Ti Not Required meta e submitted by: Affected Parties ? Notified Appropriation Caxie: ? Nona 0 Not Required C Ma gar I1 f. = 4 C o•l .. ?k RESOLUTION NO. 94--55 A RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED $8,250,000 GAS SYSTEM REVENUE BONDS; FIXING REDEMPTION PROVISIONS FOR THE 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 THE BID; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE SELECTION OF A REGISTRAR AND PAYING AGENT; AUTHO- RIZING THE SELECTION OF A PROVIDER OF MUNICIPAL BOND INSURANCE; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1991, the City Commission of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original ordinance") to provide for the issuance of bonds payable from Net Revenues of the Gas'System (as defined therein); and WHEREAS, on August 4, x.994, the Issuer adopted Ordinance No. 5564-94 (together with the Original ordinance, collectively the "Bond Ordinance") which authorized the issuance of not to exceed $8,250,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A as Additional Bonds under the original Ordinance; and WHEREAS, the City wishes to designate such Bonds as "Gas System Revenue Bonds, Series 1994A11 (the "Series 1994A Bonds") ; and WHEREAS, it is in the best interest of the City to provide for the public sale of not to exceed $8,250,000,of such Series 1994A Bonds; NOW, THEREFORE, BE IT RESOLVED,BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. 'PUBLIC SALE. There are hereby authorized to be sold pursuant to a public sale not to exceed $8,250,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A. SECTION 2. .PROVISIONS FOR REDEMPTION. The Series 1994A Bonds maturing on September 1, 2003, and thereafter are subject to -redemption at the option of, the. City prior to maturity on or after September 1, 2002, 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 prices' expressed as a k i percentage of the principal amount of the Series 1994A Bonds to be redeemed as set forth below, together with accrued interest to the date fixed for redemption. Redemption Price Period During-Which-Redeemed (Percentage of Par} September 1, 2002 through August 31, 2003 September 1, 2003 through August 31, 2004 September 1, 2004 and thereafter 102% 101 100 SECTION 3. SALE OF SERIES 1994A BONDS. The Finance Director is hereby directed to publish the Summary Notice of Sale of the Series 1994A Bonds in the St. Petersburg Times and 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) days prior to the date of sale; and to publish such Notice in such other newspapers on such dates as may be deemed appropriate by the Finance Director. Proposals for 'purchase of the Series 1994A Bonds will be received at the office of the Finance Director of the City, 112 South Osceola Avenue)' Clearwater, Florida 34616, from the time that the Notice of Bond Sale is published until 1.2:00 p.m., on September 12, 1994. SECTION 4. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of Sale of the Series,1994A Bonds and.the Official Bid Form to be submitted for purchase of the Series 1994A Bonds shall be in substantially the forms annexed hereto, as Exhibits A, B and C, respectively, together with such changes as shall be deemed necessary or desirable by the Finance Director. SECTION 5. PRELIMINARY OFFICIAL STATEMENT. The Mayor and Finance Director are authorized and directed to cause a Preliminary Official Statement to be prepared in substantially the form attached hereto as Exhibit D, with such changes, insertions and omissions as shall be approved by the Mayor and Finance Director, containing•a copy of. the attached Notice of Bond Sale and Official Bid Form and to furnish a copy of such Preliminary Official Statement to interested bidders. SECTION 6. REGISTRAR AND PAYING AGENT. First Union National Bank of Florida, Jacksonville, Florida, is hereby appointed as Registrar and Paying Agent for the Series 1994A Bonds. SECTION 7. MUNICIPAL BOND INSURANCE. The Mayor and the Finance Director are hereby authorized to'select a bond insurer to provide insurance to insure the scheduled payment of principal and interest on the Series 1994A Bonds on behalf of the Issuer or in the alternative, allow each bidder to select whether the Series 1994A Bonds are to be insured, and if so, by which municipal bond insurance provider. 2 sir f ri Y'f'?/. r % .. _ r} :+ `L,4. ,.b,. •, ' gip . .fn •r,:T1°?? SECTION 8. AWARD.,,,OF BID. The Finance Director ' is ° hereby , . " authorized to accept,the bids for the series 1994A Bonds, and,the Issuer will'award said'Series 1994A Bonds on it's determination of '. +.: the best bid submitted'in accordance with the terms of the Notice of Bond Sale provided`for herein.' Such. award shall•be final. R= SECTION .9. EFFECTIVE DATE. This resolution shall take effect ' immediately upon,its adoption. 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' LC'tEt i t, i 1 " OFFICIAL NOTICE QF BOND'SALE CITY OF CLEARWATER, FLORIDA GAS SYSTEM REVENUE BONDS, SERIES 1994A Sealed proposals will be received by the City of Clearwater, Florida (the "City") at the offices of the 'Finance. Director of the City, 112 South Osceola Avenue, Clearwater, Florida 34616 by 12:04 P.M. (Eastern Daylight Savings Time) on September 12, 1994 for the purchase of the City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A (the "Series 1994A Bonds"). Each proposal, together with the good faith deposit described below, should be enclosed in a scaled envelope marked "Proposal for S • City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A; Do Not Open Until 12:00 P.M. (Eastern Daylight Savings Time), September 12, 1994, or such similar legend which appropriately identifies the contents thereof. Form of Series 1994A Bonds The Bonds will be issued in fully registered form, without coupons, and in denominations of $5,440 or any integral multiples thereof: Principal of and any redemption premium on the Bonds shall be paid, to the registered owners at the principal corporate trust office of Furst Union National Bank of Florida, Jacksonville, Florida (the "Paying Agent" and 'Registrar"), upon presentment and surrender of the Bonds. Interest on the 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 March 1, 1995, Interest will be calculated on the basis of a 360-day year of twelve 30-day months. Mgt3lrity h 1 The Series 1994A Bonds will mature on September 1 of the following years in the following principal amounts: Principal Principal Principal + Ma uri Amount* Maturity Amount' Maturi Amount 1997 2043 2009 1998 2004 2010 1999 2005 2011 2000 2046 2012 2001 2007 2013 2002 2008 2014 Redemntion Provision 'The Series 1994A Bonds maturing on September 1, 2003, and thereafter are subject to redemption at the option of the City prior to maturity on or after September 1, 2002, 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 prices 'Preliminary, subject to chance. J T.F. * . f?`4tf If.;• . v . Wry expressed as a percentage of the principal amount of the Series 1994A Bonds to be redeemed, as set forth below, together with accrued interest to the date fixed for redemption. ltcdemption _Peris2l Redemption Price September 1, 2002 through August 31, 2003 102% September 1, 2003 through August 31, 2004 101 September 1, 2004 and thereafter 100 Adlustrnent 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 1994 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 five percent (5%) 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, no rebidding or recalculation of the bid submitted will be required or permitted. If necessary, the total purchase price of the Series 1994 Bonds will be increased or decreased in direct proportion to the ratio that the adjustment bears to the aggregate principal amount of the Series 1994 Bonds specified herein; and the Series 1994 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 Series 1994 Bonds offered pursuant to the Bid Maturity Schedule, without taking into account any adjustment in the amount of Series 1994 Bonds set forth in the Bid Maturity Schedule, Desienatlon of Term Bonds The annual Principal Amounts for Bonds maturing on or before September 1, 2009 shall be Serial Bonds. Bidders may specify that the annual Principal Amounts of the Bonds coming due in any two or more consecutive years on and after September 1, 2010 may be combined to form one or more maturities of Term Bonds scheduled to mature in the last of such years with the preceding annual Principal Amounts for such years constituting mandatory Amortization Installments 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 1994A Bonds. The purchase price bid for the Series 1994A Bonds may include a discount (including underwriters' discount and original issue discount, but excluding any municipal bond insurance premium) not to exceed two percent.(2%) of the principal amount of the Series 1994A Bonds and shall specify how much of the discount is original issue discount. No more than one (1) Proposal from any bidder will be considered. The City reserves the right to determine the Successful Bidder (as defined below), to reject any or all bids and to waive any irregularity or informality in any bid. The Series 1994A Bonds will be awarded to the bidder (herein referred to as the "Successful Bidder") 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 1994A Bonds. True interest cost for the Series 1994A 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 1994A Bonds will equate the sum of such discounted semiannual payments to the bid price 2 .µ (exclusive of accrued interest). Such semiannual debt service payments begin on March 1, 1995. The true interest cost shall be calculated from the closing date of the Series 1994A Bonds (September 28, 1994) and shall be based upon the principal amounts of each stria] maturity set forth in this Notice of Bond Sale and the bid price set forth in each Proposal for the Series 1994A Bonds submitted in accordance with the Notice of Bond Sale. In case of a tic, the City may select the Successful Bidder by lot. It is requested that each Proposal for the Series 1994A 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 The Series 1994A Bonds shall bear interest expressed in multiples of onc-cighth (1/8) or onc-twentieth (1/20) of one percent. No interest rate speed for any maturity may be lower than any interest rate specified for an earlier maturity. 't'here shall not be a difference greater than one hundred basis points (100 b.p.) between the lowest coupon and highest coupon. 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 1994A Bonds bear the same rate of interest, provided that all Series 1994A 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. Paving Agent and Retristrar The Paying Agent and Registrar for the Series 1994A Bonds is First Union National Bank of Florida, Jacksonville, Florida. Security Principal of and interest on the Series 1994A Bonds to be issued pursuant to Ordinance No. 5118-91, as amended and supplemented by Ordinance No. 5564-94 and all required sinking fund, reserve and other payments shall be payable solely from the Net Revenues of the City's Gas System, together with the earnings thereon derived from the investment thereof in the Funds and Accounts established in the Resolution and as more fully described in the Preliminary Official Statement. The lien of the Series 1994A Bonds upon the Net Revenues is on a parity with the City's outstanding $7,680,000 Gas System Revenue Bonds, Series 1991. The Series 1994A 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 1994A Bonds or the making' of any debt service fund, reserve or other payments provided for in the Resolution, Purpose Pursuant to the Ordinance, the Bonds arc being issued to finance additions, extensions, supplements or replacements to the City's Gas System, to make a deposit to the Reserve Fund for the Series 1994A Bonds or to pay the premium for a debt service reserve fund surety policy, and to pay the cost of issuance of the Bonds. 11suance_or $crles 1994A Bonds The Series 1994A 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 1994A Bonds are being issued pursuant to Ordinance No. 5118-91 enacted August 15, 1991, and Ordinance No. 5564-94, enacted August 3 4, 1994 (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. MunlgipUl Bond Insurangg Policy A commitment to issue a municipal bond insurance policy guaranteeing payment of principal and interest on the Bonds has been obtained from . Bidders, at their option, may elect to utilize this bond insurance commitment in their bid [or they may obtain a commitment from another municipal bond insurance company]. Alternatively, bidders may rely upon published ratings on the Bonds received from Moodys Investors Service and Standard & Poor's of and , respectively. If bond insurance is used, the price bid for purchase of the Bonds, as set forth on the Official Bid'Form, will be reduced by the amount of the bond insurance policy premium, for the purpose of calculating the true interest cost rate of the bid. Information regarding the bond insurance commitment including the premium rate, cxpresscd as a percentage of total aggregate debt service on the Bonds, may be obtained from David Thornton of Raymond James & Associates, Inc., Financial Advisor to the Issuer (813) 573-8268. Proposals are desired on forms which will be furnished by the City, and envelopes, containing Proposals should have endorsed thereon "Proposal for $ City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A; Do Not Open Until 11:00 A.M. (Eastern Daylight Savings Time), September 12,1994", or words of equivalent import, and should be addressed to the City at the above address. Each proposal must be accompanied by either (i) a Cashier's or Certified Check drawn upon an incorporated bank or trust company, payable to the City of Clearwater, Florida, in a sum of $ , as evidence of good faith, or (ii), a Financial Surety Bond from any insurance company licensed to issue such a surety bond in the State of Florida and approved by the City (as of the date hereof only Capital Guaranty Insurance Company has been so approved) and submitted to the City prior to the opening of the bids, identifying each bidder whose deposit is guaranteed by the Financial Surety Bond, which shall evidence good faith on the part of the bidder. If a check is delivered the check of the successful bidder may be cashed by the City and the proceeds will be held as security for performance of the bid. If a Financial Surety Bond is provided by the successful bidder the, good faith deposit shall be delivered by wire transfer to the City by 3:00 p.m, on the next business day. If the Successful Bidder shall fail to comply promptly with the terms of its Proposal, the amount of such check will be forfeited to said payee as liquidated damages. The checks of unsuccessful bidders will be returned to such bidders by registered mail at the addresses stated in their Proposals, or delivered to a representative of such bidder immediately after the award of the Series 1994A Bonds to the Successful Bidder. The proceeds of the good faith check of the Successful Bidder will be applied to the payment of the purchase price of the Series 1994A Bonds. Prior to the delivery of the Series 1994A Bonds, the City may cash and invest the proceeds from the good faith check. No interest will be paid to any bidder upon any good faith check. _Delivery_nnd Ilaunent It is anticipated that the Series 1994A Bonds in fully registered form will be available for delivery on September 28, 1994 in New York, New York at The Depository Trust Company, or 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 check, in Federal Reserve funds without cost to the City. Closing DDo amen( The City will furnish to (tic Successful Bidder upon deliver y of the Series 1994A Bonds the following closing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation certificate; (2) federal- s Syyc, ,t^ .. •4 e tax certificate; (3) certificate regarding information in the Official Statement; and (4) seUces receipt as to payment. A copy of the transcript of the proceedings authorizing the Series 1994A Bonds will be delivered to the Successful Bidder of the Series 1994A Bonds upon request. 'Copies of the form of such closing papers and certificates may be obtained from the City. lnformatinn Statement Section 218.38(1)(b)1, Florida Statutes requires that the City file, within 120 days after delivery of the Series 1994A 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 1994A Bonds; (b) the name and address of any attorney or fr-am- al consultant who advised the City with respect to the Series 1994A 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 1994A Bonds, including any fee paid to attorneys or financial consultants. The Successful Bidder %U be required to deliver to the City at or prior to the time of delivery of the Series 1994A 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 1994A Bonds, to furnish the City with such information concerning the initial prices at which a substantial amount of the Series 1994A 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-banding statement will be required from the Successful Bidder at closing substantially in the following form: "The City of Clearwater, Florida is proposing to issue S " original aggregate principal amount of Gas System Revenue Bonds, Series 1994A for the purpose of (i) financing capital projects for the City's Gas System, (ii).funding a reserve fund or paying the premium for a reserve account insurance policy, and (iii) paying the costs of issuing the Bonds, all as further described in Ordinance No. 5564-94. The final maturity date of the Bonds is September 1, 2014, and the Bonds are expected to be repaid over a period of twenty (20) Mars. At a forecasted average interest rate of % per annum, total interest paid mvr the, life of the Bonds will be S The source of repayment or security for this proposal is the City's Pledged Funds, including the Net Revenues of its Gas System and moneys and investments held in the funds created under the said Ordinance. Authorizine the Bonds .will result in S not being available to finance the other gas services 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 Bonds." j&gat Opinion The Successful Bidder will be furnished, without cost, with the approving opinion of Bryant, Miller and 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 in-manent earnings to the United States Treasury, the interest on the Series 1994A Bonds is not includable in the gross income of individuals, however, interest on the Series 1994A Bonds will be included in the calculation of the alternative " Preliminary: stn ject to change. ,1 s minimum tax and environmental 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 1994A Bonds or the inclusion in certain computations (including, without limitation, those related to the corporate alternative minimum tax and,covironmcntal'tax) of interest that is excluded from gross income. 9filclul Statement ...The Preliminary Official Statement, topics 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)(1) (except for certain permitted'om.*=*ons.as described in such rule) but is subject to revision, amendment and completion in a final Official Statement. Upon . the sale of the Series 1994A Bonds, the City will publish a final Official Statement in substantially the same form, as the Preliminary Official Statemeni. 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. ,CUSIP_Numbcr It is anticipated that CUSIP identification numbers will be printed on the Series 1994A Bonds, but neither the failure'to print such number on any Series 1994A 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 1994A Bonds in accordance with its agreement to purchase the Series 1994A Bonds, All expenses in relation to the, printing of CUSIP numbers on the Series 1994A 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. Coples,or 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, Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Florida 33716, telephone (813) 573-8160.1 • Amendment rend Notifies Amendments hereto and notices, if any, pertaining to this offering shall be made by the Munifacts News Service. CITY OF CLEARWATER, FLORIDA ?. Mayor-Commissioner a , . r. ,i f' }T ;? P, ,:4: L,'/., '. `Y r' 'r; ,1711 A. :z' .? it t',. Y "!-R.',; .' rt";eC'i:r P': e},,:;f.;''- :-f ,.r-"V?)'rgm, °,•?h•t?,rw F 't i";I "N :f: t '•.-` ) !_ :r''. „ ,"1.. it ',.: .1,. - +111 if . " -d•":, -gI-FS...I.' .u ?, ?Nrr l i m :tl.k 'r' J ' r: :°?' r :'' I ; :L' r I a + , ' "r° t'e, 1 a a . 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'S i`° ^ ° r ° is 5..' 'f 4F,-. 1. tn. i' .Si, rd. +,r { da•:= 4:.`« t . , .. , tA( •'d?y• .. . :r , r7 't. .Y. Y ?.3,71f'' r'e )?: r.75' t -+,i•.P...,,:, 1?,'' Y'• ..,,ti i4 1 '' ! . ? i:'.:.`,'--r'; ,-, r it:...' ' ,' ",,r, i',.: i,i :, ?a., fr. - .}..?, .:c E^',. ..19hCr..i?1; s) .j•s„fss'.t", r ". SUMMARY NOTICE OF BALE, CITY OF CLEARWATER, FLORIDA. - Gas System Revenue Bonds Series 1994A Sealed bids will be received by the Finance Director of the' City of .Clearwater, Florida, at the office of the Finance Director,'' 112 South Osceola Avenue,, Clearwater, Florida 3461:6, subject to the provisions of the Official Notice of Bond Sale'. Sale,Date: September 12, 1994 Time: 12:00 p.m., E.D.S.T. Bonds Dated: September 11 1994 'Maturities:. Payable September 1 in the years and amounts. as follows: Due Principal Due- Principal (September 1). Amount (September 1) Amount 1997 2006 1998 2007 1999 2008 2000 2009 2001 2010. 2002 2011 2003 2012 2004 201,3 2005 2014 Interest Payment Date s: Payable March 1 and September ''1, "commencing. March 1, 1995. Legal. Opinio n: Bryant, Miller and Olive, P.A., Tallahassee, Florida For copies , of the official Notice of Bond Sale, the Preliminary Offic ial Statement of the City of Clearwater, Florida,, : and official' Proposal .Form, please contact the Finance Director, 112 'South Osceola Avenue, Clearwater, Florida 34616, telephone (813) 462-6930, or the Financial Advisor, Raymond James & Associates, Inc., .880 Carillon.Parkway, St. Petersburg, Florida 33716, telephone (813) 5738160. 1 rk , f . s A s, . i r .. 3"y '?.'? ? J .tL 'Fti ; i J,» -r• .r c`. /fa^I' .ii .I' cr. '?'::l;, r k g:+ ry•'ti "q::•. „f. r',-; . ?x::,H? l % ?` 1 ,r ,s Y ?.j . c,'.r Y,..: '., .?Y,i ° a: . 7F; . ). 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L S 7 ,3;?+'it, -:rll",ri.i. r,T.f ?jr'. ,,::j•J r i•r ti"s K` tt , r; i; sf'e> ::."i t !.t[r t(, r 3. f "7' S 'q,? I.S. .> •. , k . 6 ',?• `¢,-'r ar. :f 1 F i ?4 E:': e• ! Ly-t+ :.?J!{1If1 `.C' .1-. -.i•"s ,'t.i•.:' e.I f..> .'[ F 1 .! ?1r 1J7P ri » .. •ti>.:... „*. ,,µ ,,. "A: ?:`.:A ,,: ....:'"'p:r•; •i.°:.y-t:-,;:, ..... _'>:. . t.•4 < e - - , .. , f ply , .r 6f<? ,t. .! a •r - .., . t. I r: +. r.. J :1;. r.i r/. ?l F f -1 Y 'll j ._,,,r .Jf,. f r. . R .I , e p 1 r f' - ' - . 1? ' r) v • iP I`k ;' ;:'' ;'1` ; > . , EXHIBIT C :, "I", ,?1, - . :-<?• i.. ;- . ., - .. r ..x 1 . :y ?° ,.^,°, !FORM .OF BID PROPOSAL - . ' _ : r{ > :? 1 r e ,r?. sip.: - .:1:. - AF`. „ . -. .,. . . ,.1}' -,' !1 L?' aUCrS:i i. .'Y,r. r.. .. ,...., f:. .-'-. . ..- , ._, . - .. .. •. .. .. .. .., ... ,-, ,.,. r r „ ... .s•'r. . :4" ,,;i,•, -°i . '')' - ' ' 1•'. 'I , r , F' a f.. :`i. Gyi ' fir, ,? t,4 'Y'. .f,;,,fi:;psi r - ` ,ir •1 . 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PROPOSAL FOR CITY OF CLEARWATER, FLORIDA GAS SYSTEM REVENUE BONDS, SERIES 1994A Commission Chambers City Hall 112 South Osceola Avenue Clearwater, Florida 34616 Ladies and Gentlemen: For the City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A (the "Series 1994A Bonds"), dated September 1, 1994 and maturing on September 1, 1997 through September 1, 2014, in the principal amount of $ , described in the Official Notice of Bond Sale, which is hereby made a part of this Proposal, we will pay you in immediately available federal reserve funds Dollars (S_ )'(not less than $ plus accrued interest to the date of delivery of the Series 1994A Bonds. Said Series .1994A Bonds shall bear interest at the rates and shall be reoffered at prices or yields specified below. Principal Interest Price Principal Interest Price Maturity Amount, Rate or Yi Maturit y An. ount -Rate or_Yieid 1997 2007 1998 2008 1999 2009 2000 2010" 2001 2011" 2002 2012•' 2003 2013•' 2004 2014•' .. 2005 . 2006 Term Bonds Option. The interest rate or reoffering price or yield for any Term Bonds shaU be indicated in the table' above only in the year of fuial maturity. The annual Principal Amounts so indicated shall be applied for the mandatory retirement of one or more Term Bonds maturing in the years and amounts and bearing interest as follows; Term Bonds maturing on September 1, at % per annum to yield ' % per annum. $ Term Bonds maturing on September 1, 2014 at % per annum to yield % per annum. We will accept delivery of said Series 1994A Bonds at on or about September 28, 1994, unless another date or place shall be mutually agreed upon, it being understood that the City shall furnish to us, free, of charge at the time of delivery of said'Series 1994A Bonds, the opinion of Bryant, Miller and Olive, P.A., Bond Counsel, Tallahassee, Florida, Approving the validity thereof." In accordance with the Official Notice of Bond Sale, we enclose herewith either (i) a Cashier's or Certified. Check for $ payable to the order of the City of Clearwater, Florida, to be returned to the * Preliminnry susubiect to change as stated in Official Notice of Sale. "May gdesignatecLas_T_ermwBonds. r, • a f undersigned upon the award of said Series 1994A Bonds provided this Proposal is not accepted, or (u) provided . for a Financial Surety Bond.'' accordance with the Official Notice of Sale. The amount of said check to be retained and cashed by the City until the delivery of said Scrics' 1994A )fonds and payment therefor, and to be , applied to the payment of the Series 1994A Bonds or to be retained as and for liquidated damages in case of the failure of the undersigned to make payment as agreed. V e do or do not wish to have the Bonds insured. If we elect insurance, we wish the Bonds to be insured by This proposal is not subject to any conditions not expressly stated herein or in the, annexed Official Notice'of Bond Sale,. Receipt of the Preliminary Official Statement relating to these Series 1994A Bonds is hereby acknowledged. The names of the underwriters or members of the hccount or joint bidding accounts, if any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. By: Address City State Zip , Telephone Number The following is our computation made in accordance with the Official Notice of Bond Sale of the true interest cost to the City of Clearwater, Florida, under terms of our Proposal for Series 1994A Bonds, which is for informational purposes only and is subject to verification prior to award: Par Amount $ Less Original Issue Discount $ Less Underwriter's Discount $ Amount Bid Before Accrued Interest $ Less Bond Insurance Premium (if applicable) $_ Bid $ Accrued Interest S True Interest Cost Rate (To September 28, 1994 and Inclusive of Insurance Premium costs, if any) % The following truth-in-bonding statement is required to be completed in compliance with Section . 218.385, Florida Statutes: The City of Clearwater, Florida is proposing to issue $ of debt or obligation for the purpose of funding certain Improvement Projects, This debt or obligation is expected to be repaid over a period of 20 years.' At a forecasted interest rate of % (insert true interest cost), total interest paid over the life of the debt or obligation will be $ ' (insert total interest cost). The source of repayment or security for this proposal is the Net Revenues of tbc,CiWs Gas System. Authorizing. this debt er obligation will result in an annual amount not to exceed $ (insert amount of maximum annual 2 s. :a ^f`,r ?.?(a.- ., .y., .> - ? ^S. r -+: ?. "• r' ',,S'," /erx, lu?r-,?.7.:eF sY < ` "Irk rl?'kj'?'rlyfr :K'--e"ti` ri' .. f'?.i.. r•,+1isi'. e+.v??Fr{Lr?.3..a.L`4... I % ;t' ., ?' .''? „ .7: .,, i. .5. .?_ .., ? .. .. _. ?. ^.r: .r i .; principal and interest payment) of the Net Revenues of the City's Gas System not tieing available to finance,the' other services of the City each year for 20 years. ` {No addition or alteration is to be made to this Official Did Form, and it must be submitted with the ,R ( Official Notice of Bond Sale.) Receipt for the return of the good faith check is hereby ackn6wle'dgcd. By, l i '. 5.j ? c .. .. ? _ .? . id.."'' .t?,;: ..t .• '- °rr'Jj,y: i'7:>`';.Y. elf ?•i;ai1. :r'.' r'?f;l<. ?-l?:kt?!}.`7. t. i ±. i'r ,y;•: "Ij t"y.f, is y' ?',g?;=".? y• 3i'r r'?yr .r=?tA ir?! Vii. i'`• .'.f,?;p?. . it"?•, hi, iy rT 3 !?4 r.}•'j; t: _:. .?l.. 1l,••r: id;. 1 ?J. .'i. ',s .t rw, ,'r',.. _ta, 'r, 1,,;,-,..}tie'r'f;::'..'s <y.,; *,t,;. y ?rt r•a rf-1'.I. " 3.F.. d t,- .?; ? '_der, ,.. " : •,, ',,.'.; i! a-? 4,`:"'•:'. 'fi ' er t: {3''JI ?1 ' -i l.{•'}#' nl?7G. . 3;'7' r'"?'fN' GF'ef j ?;,h:' .+}".,i ,.f a =!i ?, ,"1:.J? •`.,; 4`: ':7, "ri 3 • , ' <°a'!. .r: :! '.r?, -R'('r 5 .-i• .?x:, ,,?d;:.f a, fi:"r tF i+tf' i;1 : r, ?• .LY: !{ . •!• :•. , . ~'c 'I'' , a •? r , sue. l., ••,ix: S.? .00 4 :d.: ., it { , 'J'=•\`f rJ •J i • Jt e•''yyii,,r ,iP 'y• i'.: F,. e3 ,E "d• F 's , ( •F. ,:.yi ,. ? S .• ,. 4 Y ` (i!''t'T y t i . _' • y. f 1 ' r ' i '• V '''a `t i?.. a,". 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'I +r .R; '.Fy .)' a• .` -i it }: i' •. ''? `<'' ;?- "G :?', '' .''d. : . ' t' ` r F wf r': J 'e r , ?sti': :!f i` ',? .;? d. £i Ks G< . ••1' r:ar: . ,J'=X . 'j •J,'7i' ".'F° 'S',:;a`,:t:t`5f' { ,.i'. 'c. 't '')r E°:i 'd. '',.. ` , J. ,i . (":J . e.. fs., )!:.•t. . S, .. r'y., i''J- 'il .E 4!: 'r i ,. ' -,V.,.1 + `} -r ;`} '`F..°i1e''r' ".rt'.?,?, -'r,"!, J•"y' 1' r. .°S ,* #Y. ei, ..r, , n:.' .r `f' rti l?? Y:'\,,,.'.}? ..f..': 1't i. .,,: 'a: o h +. ,Ji' =i - C.- s F .' `f ,r .t' J. Jb °' 1 ,F: i ' L , 4 ' ?! • ?f, .itY 3. ' G 4,};., ',2. .F F. ,L' '.J•.. :,f5 g rJ., Ai ,,. l,.° i.3 .J?1,.£.. ,?':j s 3''J?? rY i' •7 E{ 'i 4_' " .?` 1).'1'.Y,. . 1 (i Ti :? S. ay ' j.. ?yi. .r •E. Y gg J ?.. .,1' , I. TE•' i`• '1' ; •y' 'j• .1' 1 t:' ,i ,. , .Sr .5. fr J'J 'L,r• `t; ,'t'.• 7Y. 1 ?c. ,,, 't. y 1" . r.. .C, , `e' ! ,s. .?' ,.y.: .' ?` x rl?• , ms . J?."-?`r•1 .. ! ` ' i;iw,.?,:7•,irrr_:...:i r , 'z- . ",t- ,7,,, ssv..f F',•cE' ?! ?s .'7=l' ?h,.?' > 1 .•'•@'1. ..e,x •E , i a .•!'-d. J,•Jt2 e.mss:. e,.'..:a!- 's-n.JYC`S, . r'°:. r .J er rr n? Y•=.'., ry,rr-? s,.; " .i. • `tr ..r, i, j o- i'' - R '.a ,4,r 'dl;r'? r ', e i- r, `. • :.( . '! i;.` ,t rl. u • .. ,.r,, .)4., t,.. r. F., 1'.i„ k ,i:.: t ( EXHIBIT D , { ' ,` .,,. " "z ?; ; .. .. t t•; ;"-k 4'' .PRELIMINARY OFFICXAL. STATEMENT ' ' -. s'? . r'. I F 'i •3'-.-a fa r .'r: 1..'.' , . f, .,0 'f I I" ' . i .. F. I ,.l x .j ' r 1' N J .l, ri'i ?' ;. a ` €' a }.. _ , f„ , • . r . i i' "7: a '? 1 :i:; , J:. , ' t 1 r S ' , . ;t"( f ` : A k¢ ';i tl )'i` P •y"ib r,, .'! , •i il',a ?,. ?JI } ,), '! "- ,1}a. 1% •F,.{? ,,5 ./. ;l: •J i '.1?:.'Fa,A /' (? ' Fi '`Ir '. ?.. 1 , I )J: , ` i e • 1r e. I i'; y'"i ' ¢ r e J'• :"' t f, - -, r<s r . - r. s:: : '{ ';" :' f: . r, ? 5: JF . } i i i 1 4 i `t t1 .1 ' 4 . SS 1 '1' ?'e?( ?1' J - P'a' 1 R .e. ? }jive. ',i; .r ' i . F ;r. I,- ' - - tr: ,(, Y . • '. t7,ii ,.3i 1' ,'r F- i S`.J , }}yy i' 'F. / ,?'J. `,{-?5, . , .r'• a 1:,'t '1 ' it - i - r •'i' tM 1 _,ir,':o- !3f . '1 . .'r• 'f. ., 1: ','1o- '"CF!.'J6 c r,^, 1 i '. f t , :l "' ,. ` , t.'{ tier ll,;, ?..Si?F? °J .(1 i ,L` aJ .s`' - , - r, ,1. ;4, at 'i?? F ?1. .e.. ; .5 ?, r { , . . ;;! r' r' r ,. i i 'k ,1 's• , r' 'r' t .. i . `'? r. f. - F .. .. , ' / , : , :j. , J'. . • . , , . . , ' . , F '• ' ' I' , .. !` t, 4 ' 4' rl f .1, J,r' '• r f y'?`rl s` [I' , ' ` ' , I , J' , - , ! f X49 ' '. , %I 1:' '..ice t . t : t t i Y f' 'Y t- .r. rid.€' ,f _ :$Y1 ,Fih _ ' , r .i' [.' •j 1` 1. :'!J ' F' 'i-'rae`-';i- 'yin ' ;t. e'° . r ''i: •3. :" .. .' F -It's ! '. ':f,) i. ITi • ' 1 'Y ' i ' F - . 1 11 . , - " - ?' ? . I ' E ' ' ? L' r, ' I , I " ? I : . ? : : , . i , '? ? , ' - , .1, . r . ? , : " ' . , , . L " I I " , I . ?, ' - - . , ? , . L 1 . ? . ? ? k ? , . I ? ; ? ' ' L r I ". . , . "?. ) , . . . . t , ?? ' L 'L; ', .? ? . - , ? ?j '4 J r ' .. 'i•' , 'I,. .J,1 •}i-',>e-'i'_;.7 f_.• -'fin{ ; , h r i t 4 w i? ?, .r 1' t S'1' ` r =•k ?F „i .-t - -i : "s=• :':'. , k.Y?i7 .17 4:f.'•r "§^i 3? i1 6rYrS:?! .. l . .......:--- - - 1-29-' 94 WD 18:49 I D: RJR PU13L I C F II444CE FAX 140:80-573-8315 438'7 P03/06 •. ; City of Clearwater, Florida Gas System Beveliue Bonds, Series 19914A PRELIMINARX TIMETABLE dune 8 Af T 1v T F S 1 2 3 4, 3 6 7 9 9 t0 It 12 13 14 13 16 17 . 13 19 20 21 22 23 24 25 26 .27 28 29 30 MY - s hi T W 7 F' S 1 2' 3 4 3 6 7' a 9 10 11 12 13 14' is 16 17 18 19 '20 71 22 23, 24 23 26 27 28 29 30 31 DATE ACTION June 24 Revised Draft ofBoad Ordinance Jute 28 First Draft of Resolution. to-Authorize Printing and Publishing July l ]0:31) a.w. - Conference Call to Discuss' Comments on Bond Ordinance and Resolution to Authorize Prindug and Publishing, July 6 Distribute Revised Dond Ordinance and Resolution to Autl.orize Printing and Publishing July 7 First Draft of Preliminary Official Statement July 7 Sub:iJt Documents to Bond InsurerODU:lg Agencies July 8 Submit Bond Ordinance and Resolution to Authorize Printing and Publishing to City July 14 Conference Call to Discuss Comments an FOS July 21 Receive Commitment for I1.surance/Italings August 4 Second Reading of Ordinance and Sole Reading of Resolution to Authorize Printing and Publishing August 4 , Revised Draft of POS August 25 Mall Preliminary Mini Statement Publish Notice of Sale September 12 , Public. Sale, Award ofB011dt• September 14 Draft of Closing Documents/Official Statement. ! '?ji?` .r?ai'•' r r ? • ?r?z?fr .y j'ay 'za Y -• . y Aug S M T W T F $ 1 2 3 4 S 6 7 8 9 10 11 11 13 14 15 16 , 17 18 19 20 21 22 23 24 43 26 27 28 29 30 31 5cpt s tti1 T Iv T F 8 1 2 3 4 7 6 7 8 9 10 11 12 13 14 13 16 17 IT 19 20 21 22 23 24 23 26 27 29 29 30 PO S GE , BC BC All BC DC FA BC All FA All DC 1~ A All. BC r,:flrlv:eaY?:J' r?? y J=?x r e ' ' ? ' ?•1?; -fl , . . I 3 ,/ .' f , , , _ '' .. 1? - 1 S g ' .i z s :) ' - r- ;Y: ?l i iil'.?.f.Y•4.1 :Y " [? i • ... 'Se'''• .f"(1x•3'.1 .u/j, q.] ,./?• , - J r .. r • < ..• e. .1 • .• r 1 . r.. F "r"? ?#39'? N04i06 • JYN--29-' 94 WED 'id: So I A: RJR PL03L I C 'F I WWE FAX NO-80-573-EMS : f ;, J , City of Clearwater, Florida ` . Gas System Revenue Bonds, Series 1994A ACTION EgSPONSIBL'E September 19 Print and Mtil Official Statement ' DC FA : ' . . Scptember .27, Pxc-Closing All September 28 Closing All Key*' Revised June 29, 1994 ! .` ` City: City of Cteanvater i BC Bond Counsel (Bryant, Miller & Olive) ! . k T.. FA:, '. Financial Advisor (Raymand James &'Assoeintes, inc.) ; ,; . DC: Disclosure Counsel (Bryant Miller & Olive) . ' , , . Sri:- 4•s F - - _ _ t k?' _ ` - r r- , 1.1,.e't. (. }J'?`'As I (,!s-? `?•,?"r?} 117 • r , 1 [ 14RESOLUTION NO. 94-55 A 'RESOLUTION PROVIDING FOR THE SALE OF NOT.TO EXCEED $8,250,000 GAS SYSTEM REVENUE BONDS; FIXING REDEMPTION PROVISIONS FOR-THE BONDS; SETT114G FORTH THE FORM OF THE NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE RELATING TO THE SALE OF SUCH BONDS; DIREC'T'ING PUBLICATION OF THE SUMMARY NOTICE OF :TALE RELATING TO 'SUCH BONDS; PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF THE BONDS; SETTING FORTH THE OFFICIAL NOTICE OF SALE AND BID FORMS; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE SELECTION OF A REGISTRAR AND PAYING AGENT; AUTHORIZING THE SELECTION OF A PROVIDER OF MUNICIPAL BOND INSURANCE; PROVIDING CERTAIN; OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN.EFFECTIVE DATE. WHEREAS, on August 15, 1,991, the Cwty.Commissi.on of the City of Clearwater, Florida (the "'City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original ordinance") 'to provide for the issuance of bonds"payable from Net Revenues of the Gas System (as, defined therein); and WHEREAS, on August 4, 1994, the Issuer enacted Ordinance No.. 5564-94 (together-with the Original. Ordinance, collectively the ' "Bond ordinance") which authorized the issuance of not to exceed'. $8,250,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A as Additional Bonds under the original Ordinance; and WHEREAS, the City wishes to designate such Bonds as "Gas ' System Revenue Bonds, Series 1994A" (the "Series 1994A Bonds") ; and WHEREAS, it is in the best interest of the City to provide for the public sale of not to exceed $8,250,000 of such Series 1994A Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION.OF THE CITY OF CLEARWATER, FLORIDA, 'a:, follows: SECTION- i.• PUBLIC SALE. There are hereby authorized to be sold pursuant to a public sale not to exceed $8,250,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A. SECTION 2. PROVISIONS FOR REDEMPTION. The Series 1994A Bonds are subject to redemption at the option of the City prior to maturity on or after September 1, 2002; 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 •redemp'tion prices expressed as a percentage of the principal amount of the Series 1994A Bonds to be redeemed as set forth below, together. with accrued interest to the date fixed for redemption. Redemption Price Period During Which Redeemed Percentage-of liar)_ September 1, 2002 through August 31, 2003 1024 September 1, 2003 through August 31, 2004 101 September 1, 2004 and thereafter 100 SECTION 3. SALE OF SERIES 1994A BONDS. The Finance Director is hereby directed to publish the Summary Notice of Sale of the Series 1994A Bonds in the St. Peter sburg.,Times and in The Bond Buyer, such publications to be on such date as shall'be deemed by the Finance Directcr.to be in the best interest of the Issuer and such publications to be not less than ten (10) days prior to the date of sale; and to publish such Notice in such other newspapers -on such dates as may be deemed appropriate by the Finance Director. Proposals for purchase of the Series 1994A Bonds will be received at the office of the Finance Director of the City,' 112 South Osceola Avenue, Clearwater, Florida 3461.6, from the time that the Notice of Bond Sale is published until 12:00 noon, on September 12, 1994. SECTION 4. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of Sale of the Series 1994A Bonds and the Official Bid Form to be submitted for purchase of the Series 1994A Bonds shall be in substantially the forms annexed hereto,.as Exhibits A, B and C,, respectively, together with such changes as shall be deemed necessary or desirable by the Finance Director, incorporated. herein by reference. SECTION 5. PRELIMINARY. OFFICIAL STATEMENT. The .Mayor-- Commissioner and Finance Director are authorized and directed to cause a Preliminary Official Statement to be pr.,spared in substantially the form 'attached hereto as Exhibit D, With-such changes, insertions and omissions as shall be approved 'by the mayor-commissioner and Finance Director, containing a copy of the attached Notice of Bond'Sale and Official Bid Form and to furnish a copy. of` such Preliminary Official Statement to 'interested bidders. The Mayor-Commissioner 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 1994A 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. 2 M, 1, r SECTION G. REGISTRAR.AND PAYING AGENT. First'Union National Bank of Florida, Jacksonville, Florida, is hereby' appointed as Registrar and Paying Agent for the Series 1994A Bonds. !. SECTION 7.' MUNICIPAL. BOND INSURANCE. The Mayor-Commissioner and the Finance Director.are hereby authorized to select a bond insurer to provide insurance to insure the, scheduled payment of principal and interest on the Series 1994A Bonds on behalf of.'the Issuer or,,, in the alternative, allow each bidder to select, whether' the Series 1994A Bonds are to be insured. 'SECTION 8. AWARD OF BID. The Finance Director' is hereby authorized to accept the bids for the Series 1994A Bonds,' and the Issuer will award said Series 1994A'Bands on.its determination of the best bid submitted in accordance with the terms of the Notice of. Bond Sale provided for herein or may reject all bids. Such award shall be final.' SECTION 9. EFFECTIVE DATE. This resolution shall-take effect immediately'upon its adoption. Passed and adopted by the City Commission of the City- of 1A. 'Clearwater, Florida, this day of , .1994. Rita Garvey Mayor-Commissioner . 1 , J . Attest: Cynthia E. Goudeau ! ' City Clerk , Approved'as to form and legal sufficiency: • Alan Zimmet ? -- -- - r 5 Interim City Attorney Y a l?' f >li':l l: ? r••r.3r. "t !• < r. a iut.,•, ;.. .. .!'°- '}• t m" A',r;, , >; raa,V? - ,*}' 'I? • ',s° =4?1! :?' ..41 '.i•:t,i f %y " f of k. t -,- . I..` ::5 ; •. i • i-•::.:' r 3'.'., '.r, ° r 1' `j ' ',?? i.. ? F`•'• S, '1. ''? r 1 ai` °t i '{!1' •. ••?-?,., •fi. 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"}F, t f. ; Fi,...-, IS •.zi• ••W.pr , ` ; i I • : ??--------'-`--- st ,. ..F L_a4rl. ?Fi„{ f, '`k f"tom r ? f 4 ICIAL_NQ33QE Or BOND S-F $8,180,000• CITY OF CLEARWATER, FLORIDA GAS SYSTEl11 REVENUE BONDS, SERIES 1994A Scaled proposals will be received by the City of Clear%vatcr, Florida (the "City") at the offices of the Finance 'Director of the City, 112 South Osceola Avenue, Clearwater, Florida 34616 by 12:00 Noon (Eastern Daylight Savings Time) on September 12, 1914 for the purchase of the City of CIearwaler, Florida, Gas System Revenue Bonds, Series 1994A (the "Series 1994A Bonds"), Each proposal, together with the good faith deposit described below, should be enclosed in a sealed envelope marked "Proposal for $8,180,0400 City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A; Do Not Open Until 12:00 Noon (Eastern Daylight Savings Time), September 12, 1194, or such similar legend which appropriately identifies the contents thereof. Form'of Series 1994A Bond The Series 1994A Bonds will be issued in fully registered form, without coupons, and in denominations of $5,000 or any integral multiples thereof. Principal of and any redemption premium on the Series 1994A Bonds shall be paid to the registered owners at the principal corporate trust office of First Union National Bank of Florida, Jacksonville, Florida (the "Paying Agent" and "Registrar"), upon presentment and surrender of the Series 1994A Bonds. Interest on the Series 1994A 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 shows 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 X and September 1, commencing March 1, 1995. Interest will be calculated on, the basis of a 360-day year of twelve 30-day months. IVlttt -urity Scliedille The Series 1994A Bonds will mature on September 1 of the following years in the following principal amounts: Principal Principal aril AmQunl* M u ri Amount 2014 $535,000 2020 S 775,000 2015 565,000 2021 825,000 2016 605,000 _2022 880,000 2017 645,040 2023 935,000 2018 05,000 .2024 1,000,000 2011 730,000 Redemntlon Provision The Series 1914A Bonds are subject to redemption at the option of the City prior to maturity on or after September 1, 2002, 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 prices expressed as a percentage of the principal amount of the Series 1994A Bonds to be redeemed, as set forth below, together with accrued interest to the date fixed for redemption. r *Preliminary, subject to change. I z c?, 4y s + e r RcdgmVJioo Pcriod September 1, 2002 through August 31, 2003 Scptcmber 1, 2003 through August 31, 21104 September 1, 2004 and thereafter Atliu?tment or Prlnglnal Amqunj Redcmotion_Pricc 102%u 101 100 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 1994A 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 five percent (5%) 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, no rebidding or recalculation of the bid submitted will be required or permitted. If necessary, the total purchase price of the Series 1994A Bonds will be increased or decreased in direct proportion to the ratio that the' adjustment bears to the aggregate principal amount of the Series 1994A Bonds specified herein; and the Series 1994A 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 Series 1994A Bonds offered pursuant to the Bid Maturity Schedule, without taking into account any adjustment in the amount of Series 1994A Bonds set forth in the Bid Maturity Schedule. Destenatlon of Term Bonds Bidders may specify that the annual PrincipL I Amounts of the Series 1994A Bonds coming due in any two or more consecutive years may be combined to form one or more maturities of Term Bonds scheduled to mature in the last of such years with the preceding annual Principal Amounts for such years constituting mandatory Amortization Installments to he selected by lot and redeemed at a price of par plus accrued interest in accordance with the Resolution. unsis_ or Award Proposals must be unconditional and only for all the Series 1994A Bonds. The purchase price bid for the Series 1994A Bonds may include a discount (including underwriters' discount and original issue discount, but excluding any municipal bond insurance premium) not to exceed two percent (2%) of the principal amount of the Series 1994A Bonds and shall specify how much of the discount is original issue discount. No more than one (1) Proposal from any bidder will be considered. The City reserves the right to determine the Successful Bidder (as defined below), to reject any or all bids and to waive any irregularity or informality in any bid. The Series 1994A Bonds will be awarded to the bidder (herein referred to as the "Successful Bidder") 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 1994A Bonds. True interest cost for the Series 1994A 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 1994A 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 March 1, 1995. The true interest cost shall be calculated from the closing date of the Series 1994A Bonds (September 28, 1994) 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 each Proposal for the Series 1994A Bonds submitted in accordance with the Notice of Bond Sale. In case of a tic, the City may select the Successful Bidder by lot. It is requested that each Proposal for 2. ,s II f t? the Series 1994A 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 The Series 1994A Bonds shall bear interest e:,pressed in multiples of one-eighth (1/8) or one-twentieth (1/20) of one percent. No interest rate specified for any maturity may be lower than any interest rate specified for an earlier maturity. There shall not be a difference greater than fifty basis points (50 b.p.) between the lowest coupon and highest coupon. 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 tine second semiannual payment will be raised to the next higher cent. It shall not be necessary that all Series 1994A Bonds bear the same rate of interest, provided that all Series 1994A 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. Pitying A n n R l-t r The Paying Agent and Registrar for the Series 1994A Donds is First Union National Bank of Florida, Jacksonville, Florida. Sesurity Principal of and interest on the Series 1994A Bonds to be issued pursuant to Ordinance No. 5118-91, as amended and supplemented by Ordinance No. 5564-94 and all required sinking fund, reserve and other payments shall be payable solely from the Net Revenues of the City's Gas System, together with the earnings thereon derived from the investment thereof in the Funds and Accounts established in the Resolution and as more fully described in the Preliminary Official Statement. The lien of the Series 1994A Bonds upon the Net Revenues is on a parity with the City's outstanding $7,680,000 Gas System Revenue Bonds, Series 1991. The Series 1994A 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 1994A Bonds or tine making of any debt service fund, reserve or other payments provided for in the Resolution. P._ _urrtose Pursuant to the Ordinance, the Series 1994A Bonds are being issued to finance additions, extensions, supplements or replacements to file Citys Gas System, to make a deposit to the Reserve Fund for the Series 1994A Bonds, and to pay the cost of issuance of the Series 1994A Bonds. Is it?nce-of 5erics_1994A Bonds The Series 1994A 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 1994A Bonds are being issued pursuant to Ordinance No. 5118-91 enacted August 15, 1991, and Ordinance No. 5564-94, enacted August 4, 1994 (collectively, the "Bond Ordinance") by the City of Clearwater, Florida (the "City") and pursuant to the provisions of Chapter 1611, Florida Statutes, and other applicable provisions of law. r. 3 f; Municipal Banc Insurance 11911Vv A commitment to issue a municipal bond insurance policy guaranteeing payment of principal and interest on the Series 1994A Bonds has been obtained from Municipal Bond Investors Assurance'Corporation. Bidders, at their option, may elect to utilize this bond insurance commitment in'their bid. Alternatively, bidders may rely upon published ratings on the Series 1994A Bonds received from Moody's Investors Service and Standard & Poor's of _ and , respectively. If bond insurance is used, the price bid for purchase of the Series 1994A Bonds, as sct forth on the Official Bid Form, will be reduced by the amount of the bond insurance policy premium, for the purpose of calculating the true interest cost rate of the bid. Information regarding the bond insurance commitment including the amount of the premium, may be obtained from David Thornton of Raymond James & Associates, Inc., Financial Advisor to the Issuer (813) 573-8282. Proposals Proposals are desired on forms which will be furnished by the City, and envelopes, containing Proposals should have endorsed thereon "Proposal for $8,180,000' City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A; Do Not Open Until 12:00 Noon (Eastern Daylight Savings Time), September 12, 1994", or words of equivalent import, and should be addressed to the City at the'above address. Each proposal must be accompanied by the sum of $81,800 in the form of either (i) a Cashier's or Certified Check drawn upon an incorporated bank or trust company, payable to the City of Clearwater, Florida, as evidence of good faith, or (ii), a Financial Surety Bond from any insurance company licensed to issue such a surely bond in the State of Florida and approved by the City (as of the date hereof only Capital Guaranty Insurance Company has been so approved) and submitted to the City prior to the opening of the bids, identifying each bidder whose deposit is guaranteed by the Financial Surety Bond, which shall evidence good faith on the part of the bidder. If a check is delivered the cheep of the successful bidder may be cashed by the City and the proceeds will be held as security for performance of the bid. If a Financial Surety Bond is provided by the successful bidder the good faith deposit shall be delivered by wire transfer to the City by 3:00 p.m, on the next business day. If the Successful Bidder shall fail to comply promptly with the terms of its Proposal, the amount of such check will be forfeited to said payee as liquidated damages. The checks of unsuccessful bidders will be returned to such bidders by registered mail at the addresses stated in their Proposals, or delivered to a representative of such bidder immediately after the award of the Series 1994A Bonds to the Successful Bidder. The proceeds of the good faith check of the Successful Bidder will be applied to the payment of the purchase price of the, Series 1994A Bonds. Prior to the delivery of the Series 1994A Bonds, the City may cash and invest the proceeds from the good faith check. No interest will be paid to any bidder upon any good faith check. Dcllvcry and Payment It is anticipated that the Series 1994A Bonds in fully registered form will be available for delivery on September 28,1994 in New York, New York at The Depository Trust Company, or 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 check, in immediately available Federal Reserve funds without cost to the City. Q951ng Document The City will furnish to 111e Successful Bidder upon delivery of the Series 1994A 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 'Preliminary, subject to change. , 4 I ? . payment. A copy of the transcript of the proceedings authorizing the Series 1994A Bonds will be delivered to the Successful Bidder of the Series 1994A }Bonds upon request. Copies of the form of such closing papers and certificates may be obtained from the City. ,Inform tion Shstement , Section 218.38(1)(b)l, Florida Statutes requires that the City file, within 170 days after delivery of the Series 1994A Bonds, an information statement with the Division of Bond I~mancc 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 1994A Bonds; (b) the name and address of any attorney or financial consultant who advised the City with respect to the Series 1994A 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 1994A 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 1994A 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 1994A Bonds, to furnish the City with such information concerning the initial prices at which a substantial amount of the Series 1994A 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 the Successful Bidder at closing substantially in the following form: "The City of Clearwater, Florida is proposing to issue $8,180,000* original aggregate principal amount of Gas System Revenue Bonds, Series 1994A for the purpose of (i) financing capital projects for the City's Gas System, (ii) funding a reserve fund, and (iii) paying the costs of issuing the Series 1994A Bonds, all as further described in Ordinance No. 5564-94. The final maturity date of the Series 1994A Bonds is September 1, 2024, and the Series 1994A Bonds are expected to be repaid over a period of thirty (30) years. At a forecasted average interest rate of _.,._% per annum, total interest paid over the life of the Series 1994A Bonds will b-- $ The source of repayment or security for this proposal is the City"s Pledged Funds, including the Net Revenues of its Gas System and moneys and investments held in the funds created under the said Ordinance. Authorizing the Series 1994A Bonds will result in $ not. being available to finance the other gas services of the City. This truth-in-bonding statement prepared pursuant to Section 218385(2) and (3) of the Florida Statutes, as amended, is for informational purposes only and shall riot affect or control the actual terms and conditions of the Series 1994A Bonds." 1, tit Opinlon The Successful Bidder will be furnished, without cost, with the approving opinion of Bryant, Miller and 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 Stales Treasury, the interest on the Series 1994A Bonds is not includable in the gross income of individuals, bowever, interest on (lie Series 1994A Bonds will be included in the calculation of the alternative minimum tax and environmental tax liabilities of corporations. T lie Code contains other provisions that could 'Preliminary, subject to change. 5 i 4 ?.1 result in tax consequences, upon which,Bond Counsel renders no opinion, as a result of ownership of the Series 1994A Bonds or the inclusion in certain computations (including, without limitation, those related to the corporate alternative minimum tax and environmental lax) of interest that is excluded from gross income. Ofticla! Statement The Prelimuiary Official Statement, copies of which may be obtaincd'as describcd below, is in a form "deemed final" by the'City for purposes of SEC Rule 15c2-12(b)(1) (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 Scrics 1994A 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. _CUSIP Number it is anticipated that CUSIP identification numbers will be printed on the Series 1994A Bonds, but neither the failure to print such number an any Series 1994A 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 1994A Bonds in accordance with its agreement to purchase the Series 1994A Bonds. All expenses in'relation to the printing of CUSIP numbers on the Series 1994A. 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. 1 D m n 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, Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Florida 33716, telephone (813) 573-8281 en n ment_untd Notices Amendments hereto and notices, if any, pertaining to this,offering shall be made by the Munifacts News Service. CITY OF CLEARWATER, FLORIDA ISLRita.J. rv Mayor-Commissioner , , ' y'ri !• ' a ?• ti tiR 'ij»t''Ix?a {i %•Y"e`,^a ', r>;`'?•'< .fi tf .:y° - '1: :,i' , 1•, .5e rf?-e,1,,. er:Y'` - pf'.:; - .i•.Ir;a 1:.r!'r'>" r R,•'. r'}is'.F.Y ..:?n'fi?3 yjayy<- - ? pI2 Y =th: IY P•".;t°s tr "r" r 2•}'; "1 3'•" 't• ''fL? 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L Jam .". - y r «H • r' e ..• I r , .' r SUMMARY NOTICE OF BALE $8i1801000* .,CITY OF:CLEARWATERt FLORIDA Gas system Revenue Bonds r Series 1994A ' f Sealed bids will be received by the Finance Director of.the City of Clearwater,' Florida, at the office of the Finance Director, 112 South Osceola Avenue, Clearwater, Florida 34616, subject to the provisions of the.Official Notice of Bond Sale'. Sale Date: September 12,'1994 Time: 12:00'noon, E.D.S.T. Bonds Dated: September-1, 1994 Maturities: Payable September 1 in the years and amounts as follows: Due Principal' Due Principal jseptember 11 -Amount* (September 1 . Amount* r 2014 $ 535,000 2020 $ 7751,000 2015 565,000 2021 825,000 2016 605,000 2022 880,000 2017 645,000 2023 935,000 2018 685,000 .2024 1,000,000 2019 730,000 Interest Payment Dates: Payable March 1 and September 1, commencing March 1, 1995. Legal Opinion: Bryant, Miller and Olive,'P.A., Tallahassee, Florida For copies of the official Notice of Bond' Sale, the . Preliminary Official Statement of the'City of Clearwater, Florida, , and official Proposal Form, please contact the Financial Advisor,. Raymond James Associates, :inc., 880 Carillon Parkway, St'. Petersburg; Florida 33716, telephone (813) 573-8282.• *Preliminary, subject to change. r? .. ,f r • F ?t•i• ?yy? i f ,t-j": J,,,+R r'S6J i 3° J? ,yF • it i.;,. r'7! " r,7 : 4' 7' r `A'., .4' •, .' {, ,Y;^'yi Lbw: "ar 'I', +f'';:l :, fi. ' c ;•c.`?, Y },. _ .,t1%, ;lift,. ,.,,3,..,Y.• -?, K }.. 'Ya te, -',, ?j ?L. i ,. r=.lii ' 71 . r ,, ° s'%:r':• ? rry' _ :l Y' _ '.',.;,e i"," #: r. Iwiti"'i+' rd l"y; , e' J3, V F< k ' `dti: 1 rt ; '`'r• 'r' "'?•'' :`i J'. •, 't r?-. ',''v I 3tl?`•.l ri'•+?' e: - .i{. ',t' s ?' 11 £' y ! t. d?"x;,,,.r ,a ul ? i'. r , f . , i,. )i ' >igfa': '1. , f, if, • , f. 'r•rz t' : r T.2"','';a' x r, 4 , .'j° .r, .. I'' r ?I j' I. °S' -i'i;',+' 11 $- xi6"'1 [ '/`' T, - x. a. ! Fl J • , °.t, .il1,- "i. l1•,,,?:#, fsh, '-4', ti)p 'i. 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EXHIBIT C, . - - .e%-' 'r • ° .r FORM OF' tBID PROPOSAL "i,: ',ar ', r, . , : : rx,a 'i' 's..: - .r..1,.' : 1 '1.- r -r"fir; f - 'Y -1- •V,1. , 3x •r '. J' ;' -I Y,d .,.. ,,.. . I' , .h., . .a-. , • , . ..:a-., »i .v - .. : - . .. -. -.:'.-f}:-.` ... a. ,,. ,..... _ a .r ,:i','(il i I. t- ' ?y ' j - .. 5 -, ' , r,. ,•r 'k 1 .r` .i' ` a I I r'. . . 1,. T.' ,%y'.. i:4, fI;:rT: c : ',i .. , ? it ,.i. '!.' a eI ,. ° .. .,, , .. l Y,Iyy: ?tf r)' '{.,.. ' ,! -r' j• ? r ,-t•,'a. M1: .V At•! ;'r 'k. Y :1' i,? 't: > •?. •f r i '_r` :J ', ta,,.{. F: Ott ..r. 'I' .t ` . 'r' f .L r `Y, Y' t 1 1"' ' . ~ ' 1 r "L _ 1.. I S? :.? 4 : rr. ,"r .?., 'r' , "r ,Y .'I'. Yr °?" - `J• # `+.a .'yr','. ,, :F: ", l?. 'j. sf..'' ;s" 1 .r( ,j' r. x .r i??? ! . f ,3 3' i'- .r?i' 'J' . Fa z<' `o.'. q'i f ?' 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' .a r , ' 1 ,{' t `"l+ .i+ .t, a,' ,J,r, .#S`i # 'l rp , .:t' rrh Ti. a!` ...?' :.•.'! 'i r: 5 J ¢-Y , "`IF 1 F,' I 't- ?e _ `t. ,IL - °r, fi'l'et,. r+a '1t" '¢ r '3 ;!3'- ,F y ;?`f;i(;;rp { v.Z', r{' , 1? . ,r, ', i - Is y '• 6 J`.k"':.'!f•I'. F.. +. -f i L't:, •~a: 'd 'f v it I, .. 18-E, `t` s,?k,.'.`P P:. ' i i iP . '; , ,a t i' Yi . ," ' , ': _ "'L , ? ' T 'ilk. 'l"^ 1 ! s , ° v . r . 7 . 1 ,1 14 ti "," '?, Y' :I g 1 L ,+-.... >. .'?!',''YI1 - •F S .-. '.ir? Ts `'°'t„ .fi`r' 1 ? i"'`, i :: 11 I "F i? L. ? ?....?._..... .J.._?....._-.. _.._._... .. . ..c .. .< °Y- F}L ,r s r:.lv, ,.ri,!'•.s?rLi^,`•,.s.h,i,'skl -#'??2154:?3f'4i?{it PROPOSAL FOR $8,180,000° CITY OF CLEARWATER, FLORIDA GAS SYSTEM REVENUE BONDS, SERIES 1994A Commission Chambers City Hall 112 South Osceola Avenue Clearwater, Florida 34616 Ladies and Gentlemen: I Revenue Bonds, Series 1994A (the "Series 1994A. For the City of Clearwater, Florida, Gas System . Bonds"), dated September 1, 1994 and maturing on September 1, 2014 through September 1, 2024, in the principal amount of $8,180,OM*, described in (lie Official Notice of Bond Sale, which is hereby made apart of " this Proposal, we will pay you in immediately available federal reserve funds _ Dollars {$ ) (not less than $4,016,41}0*),•p1us accrued interest to the date of delivery of the 'Series 1994A Bonds. { We do ' or do not wish to have the Series 1994A Bonds insured. We understand that the Scrics 19944 Bonds will be insured by Municipal Bond Investors Assurance Corporation if the election to purchase insurance is made. 'Said Scrics 1994A Bonds shall bear interest al the rates and shall be reoffered at prices or yields specified below. Principal Interest Price Principal Interest Price Ila Sri y AmuunL' R--Ma a pr Y cld . tiir' Amount* RgIe or Yield 2014 $535,000 2020 $ 7'15,(M . 2015 565,000 2021 825,000 2016 605,000 2022 880,000 2017 645,000 2023 935,000 2018 685,000 2024 1,0110,000 2019 730,000 Term Bonds n,Clion, The interest rate 'or reoffering price or yield for any Term Bonds shall be indicated in the table above only in the year of final maturity. The annual Principal Amounts so indicated shall be applied. for the mandatory retirement of one or more Term Bonds maturing in the years and amounts and bearing interest-as fo;lows: $ Term Bonds maturing an September 1, at pcr.nnnum to yield , % per annum. $ Term Boncls maturing on September 1, at % per annum to yield %a per annum. . _ $ Term Bonds maturing on September 1, _ at % per annum to yield 90' per annum. $ Tcrm Bonds maturing gn September 1, at %n per anncsrn to yield %n per annum. $ ' 't'erm Bonds maturing on September 1, at % per annum to yield % per annum, Prclimitt r obi • h n as stBtgd in Official Notice of Sid 1 / I • . ,4 We will accept delivery of said Series 1994A Bonds through The Depository Trust Company, with the closing occuring at the office of the Finance Director of the City of Clearwater, 112 South Osceola Avenue, Clearwater, Florida 34616 on or about September 28, 1994, unless another date or place shall be mutually agreed upon, it being understood that the City shall furnish to us, free of charge at the time of delivery of said Series 1994A Bonds, the opinion of Bryant, Millcr,and Olive, PA., Bond Counsel, Tallahassee, Florida, approving the' validity thereof. In accordance with the Official Notice of Bond Sale, we enclose herewith either (i) a Cashier's or Certified Check for $81,800 payable to the order of the City of Clearwater, Florida, to be returned to the undersigned upon the award of said Series 1994A Bonds provided this Proposal is not accepted, or (ii) provided for a Financial Surely Bond in accordance with the Official Notice of Sale. The check is to be cashed and the amount of the check retained by the City until the delivery of said Series 1994A Bonds and payment therefor, and is to be applied to the payment of the Series 1994A Bonds or retained as and for liquidated damages in case of the failure of the undersigned to make payment as agreed. This proposal is not subject to any conditions not expressly stated herein or in the annexed Official Notice of Bond Sale, Receipt of the Preliminary Official Statement relating to these Series 190A Bonds is hereby acknowledged. The names of the underwriters or members of the account or joint bidding accounts, if any, who are associated for the purpose of this Proposal arc listed either below or on a separate sheet attached hereto. Name of Firm Address By City Stale Zip Name: Title; Telephone Number The following is our computation made in accordance with the Official Notice of Bond sale of the true interest cost to the City of Clearwater, Florida, under terms of our Proposal for Series 1994A Bonds, which is for informational purposes only and is subject to verification prior to award: Par Amount $ Less Original Tissue Discount $ Less Underwriter's Discount $ . Amount Bid Before Accrued Interest S Less Bond Insurance Premium (if applicable) S Bid S + Accrued Interest $ True Interest Cost Rate (To September 28, 1994 and Inclusive of Insurance Premium costs, if any) r: 'z e2 frf?' 'f'F7 i r w4 [I. r i. t E : t? Y Y.1;rim f. e The .City ofl Clearwatcr,' Florida is proposing to issue' $8,180,000' original aggregate principal amount of Gas System Rcvenue Bonds, Scries'1994A for the purpose of (1) financing capital projects for the City's Gas System,, (H) funding a reserve fund, and (iii) paying the costs of issuing the Series 1994A` Bonds, all as further described iri Ordinance No. 5564-94. The final maturity date of the Series 1994A Bonds is Septe'mbe'r 1., 2024, and the Series 1994A> Bonds are expected to be repaid over a period of thirty (30) years. At a forecasted average interest rate of % per annum, total interest paid over the life' of the Series 1994A Bonds will be $ The source of re'payme'nt or security for this proposal. is the City"s Pledged ' Funds, including the Not Revenues of its Gas System and moneys and investments held in the funds crested under the said'Ordinance. Authorizing the Series 1994A Bonds will result in $ not bring available to finance the.othcr gas'services of the City. This truth-in-bonding statement prepared pursuant to Section 21$.385(2) and (3) of the Florida Statutes, as amended, is for informational purposes only and shall not.affcct or control the actual terms and conditions'of the Series 1994A Bonds. . (No addition or alteration is to be made to,this Official Bid Form, and it must be submitted with the Official Notice 'of Bond Sale.) 'Receipt for. the return of the good faith check is hereby acknowledged. By t +Prgl'srninflry. subjccl ISM _chaneg, .?•, fill. '`+kr ';f,, >`' t:':5 '' !3•td!;_. ..itc :t N ^ _ s Y r at + ,r k r«' ' ,. f " v P-,'f `'kc,,:rJ'-M r' 1m:r, i':; - r- ; !: 'i•" ,.d, f 1 >.. ; ,,'I 11 x'ti?'r S; Jh Y;ti'•_: -k" :s, <Wr?l:::}• ; ir' .'?x ikM "b`F'?ht ?: ,i-•, s. .a i c j. r r. . ,,-'e.!-y';. 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'f? ??r.ISh''i'3eY.R .14•..w ?tT,li4l?.I,r J?f?6??L: r , PRELIMINARY OFFICIAL STATEMENT DATED , 1994 NEW ISSUE Ratingss (See "Ratings" herein) In the opinion of Bond Counsel, under existing, laws, regulations and judicial decisions interest on the Series 1994A Bonds Is excluded from gross income for purposes of federal income taxation and the Series 1994A Bonds are exempt from all present intangible personal property taxes imposed pursuant to chapter 199, Florida. Statutes., -See, however "Tax Exemption" herein for a description of certain federal minimum and other special taxes that may affect the tax treatment of 'interest on the Series 1994A Bonds. ` CITY OF CLEARWATER, FLORIDA $8j250,000* Gas System Revenue Bonds Series 1994A 'Dated: September 1, 1994 Due: September 1, as sliowr,'bel.ow The City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A (the "Series 1994A Bonds") will be issued as fully registered bonds in principal denominations' of. $5,000 or any integral multiples thereof. Interest on the Series 1994A Bonds is payable nemi-annually, commencing March 1, 1995, and each March 1 and September I thereafter by check or draft of First Union National Bank of Florida, Jacksonville,, Florida, as Paying Agent and Bond Registrar, mailed to the Registered owner thereof at the addreas shown on the Registration Books kept by the Bond Registrar on the 15th day of the month next preceding each interest payment date (the "Record Date"), provided, however, that at the written request of any Registered Owner of at least $1,000,000 aggregate principal amount. of the 'Series 1994A Bonds, interest may be.payable by wire transfer to the bank account on file with the Paying Agent on the applicable Record Date. Principal of the Series 1994A Bonds and redemption premium, if any, will be payable upon presentation and surrender of the Series 1994A Bonds at the designated corporate trust office of the Paying Agent. The Series 1994A Bonds are subject to optional And mandatory sinking fund redemption prior to their stated maturity under the terms and conditions described herein. The Series 1994A Bonds will be issued by the City of Clearwater, Florida (the "City") to (i) finance the costs of certain additions, extensions, , supplements or replacements of the existing gas system owned and operated by the City (the'"System") within Pinellas County, Florida (the "1994A Project); (ii) make a deposit to the Reserve Account in the Sinking Fund to satisfy the Reserve Requirement (or to purchase a debt service reserve fund policy or surety, as determined by resolution of the Issuer adopted, prior to the issuance of any series of Bonds), and (iii) pay the costs of issuance of the series 1994A Bonds. The series 1994A Bonds are limited obligations of the'City, payable solely from the Net Revenues derived from the operation of the system, as provided in Ordinance No.' 5564-94,of the City (the "Series 1994A Ordinance") and in Ordinance No. 5118-91- of the Issuer (the "Original Ordinance"), as amended and supplemented, on a parity with the City's Gas System Revenue Bonds, series 1991, as herein described, The Series 1994A Bonds and the interest thereon shall not Preliminary; subject`to change.. Z'S Lr. , `•rtrrt.s. r ? 1, ? r , 't5f K.'r F ' r • r . r be"rand shall not constitute an,indebtednese of the'City •or of the State of Florida 'or any political subdivision thereof within the meaning of any "Consti.tuti.onal, statutory, charter or other limitation of, indebtedness,' and neither the full faith and credit nor the taxing powers of the State•of Florida or the City are pledged as security for the payment of the principal of,, redemption: premium; if any, or interest on the Series 1994A Bonds and no holder or holders of any Bonds shall ever have the right to compel the exercise of the ad valorem taxing-powers of the city, or taxation in any form of any real property therein to pay the Bonds or the interest thereon. The series 1994A Bonds shall be on a parity and rank equally, as to lien on and source and security for payment from the Net Revenues and in all other respects, with the City's Gas System Revenue Bands, Series 1991. [Payment'of the principal of and interest. on the Series 1994A Bonds. is guaranteed under a policy of to be issued simultaneously with the delivery of the Series 1994A Bonds by: For a discussion of the terms and provision s'of such policy, including the limitations, see "MUNICIPAL BOND INSURANCE" herein.]. This cover page contains certain information for quick reference only. It ' is-not a summary of the issue. Investors must read the entire official, Statement to obtain information,essential to making an informed investment decision.' MATURiTTES _ AMOUNTS. INTEREST RATES, PRICES, AND YIELD $ Serial Bonds Principal Interest; Maturity Amount Rate Price Yield $ If. Term Bonds due 1, at ?. $ Z Term Bonds due 1, at I. Sealed bids for the series 1994A- Bonds will be received at' 112 South Osceola Avenue, Clearwater,,F'lorida, until 12 noon (Clearwater, Florida, time) on,September. 12, 1994. Please refer to the official Notice of Sale dated ],994 which outlines the terms'and conditions for the subm scion of offers to purchase the Series 1994A Bonds. The Series 1994A Bonds will be offered when, as and if issued and delivered to the Underwriters, subject to approval of Bryant, Miller and Olive;' P.A., Tallahassee, Florida, Bond Counsel to the City, and certain.other conditions. Certain legal matters will be passed on for the City by its Interim City Attorney, Alan Zimmet, Esquire,. I'. is expected that the 1994A Bonds in definitive form will be available for 6elivery in New York, New York, on or about 1994. i r :? ' :jam i f : •- .. ; 1 ,, r,lr'•Si , i V ' . b ?.•' , r. ;? + • , ' f '•' '.' , r.'•, ' ..1.. f ?.??'3.''rvlN,n?•.A e, ,ei„ r' '•?'r . .F r. ,'f.,K r;.,.'s 5.n:v.•'h?.. •.-':.. . s ! .,''... .. .. . ?, "1 ? r ? 4 [. ` ! . d .ff.' i?'" ?i?? , . . r r . . r 1 ! i1i'` 1 CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue Clearwater, Florida 34616 ' , CITY COMMISSION Rita J. 'Garvey, Mayor--commissioner Sue Berfield, 'Commissioner Arthur 'X. Deegan, Commissioner r Fred Thomas, Commissioner . Commissioner Richard A. Fitzgerald > , , CITY OFFICIALS Elizabeth Deptula, City Manager , Finance Director. CPA Margaret Simmons , , Cynthia E. Goude' au, Casty Clerk' , Managing Director-and ..Charles S: Warrington, Jr. , Executive Officer, Gas System INTERIM CITY ATTORNEY Alan,Zimmet; Esquire BOND COUNSEL P.A Bryant, Miller and 'Olive, , T'allahass`ee, Florida „ z: FINANCIAL ADVISOR Raymond James & Associates,. Inc. r St. Petersburg, Florida t rr,r d. s 5" .S ?Y No dealer; broker, salesperson or, other person has been authorized by the City or the Underwriters to give any information or to mace any reprenentationa other than as contained herein, and, if given 'or made, such information or, representations must not be relied upon as having been authorized by any of the foregoing, This Official Statement is not to be construed as a contract with the purchasers of the series 1994A Bonds. This official statement does 'not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 1994A Bonds by any person to make such offer, solicitation or sale. The information set forth herein has been obtained from the City, [Bond Insurer,] public documents, records and'other sources which are believed,to be reliable but is not guaranteed as to accuracy or completeness by, and is not to • be construed as a representation of the City with respect to information provided by or the Underwriters. The information and expressions of opinion stated herein are subject to change without notice, and neither the delivery of this official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no ' change in the affairs of the city since the date hereof or the earliest date as of which such information is given. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 1994A BONDS AT LEVELS ABOVE THAT WHICH'MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET, SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME." All summaries herein of documents and agreements are qualified in their entirety by reference to such documents. and agreements, and all summaries herein of the Series 1994A 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 1994A BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "CO"COMMISSION") OR WITH ANY STATE SECURITIES COMMISSION. THE SERIES 1994A BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE 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 . . . . . . . . . . . . . . . . . . . . . . . . 1 PURPOSE OF SERIES 1994A BONDS . . . . . . . . . . . . . . . . . . . 1 PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ESTIMATED SOURCES AND USES OF'FUND5 . . . . . . . . . . . . 2 DESCRIPTION OF:THE SERIES 1994A BONDS . . . . . . . . . . . . 3 General .. 3 Negotiabilit:y,'Registration and Cancellation . . . . . 3 Transfer and Exchange . . . . . . . . . . . . . . . . . 3 Redemption Provisions . . . . . . . . . . . . . . . . 4 ' Notice of Redemption . . . . . . . . . . . . . . . 6 ` SOURCE OF PAYMENT AND SECURITY FOR THE SERIES 1994A BONDS 6 General . . . . . . . . . . . . . . . . . . . . 6 Reserve Account . . . . . . . . . . . . . . . . . . . . . . . . 7 1 _ FLOW OF FUNDS , . . ' . `. ". '. 7 Establishment of Funds and Accounts . ' . .. . ' . , ... .7 ..) Priority of Flow of Funds .' . ' . 8 COVENANTS . . . . ... . . . . . . . . • . . . . 9' COVenant -Rate 9 Additional Paucity Obligations 10 Operation and Maintenance . .` . . . . . . . .°. 11 Operating Budget, . . . . . . . . . . . . . . . . ... 11 Annual Audit • . . . 11' No Mortgage or Sale ofthe'System . . . . . . . . . . . 11 No Free Service . . '. . . . . ... . . . . . . . ' . 12 Enforcement of collections '. .. . . r. . .. 12 :.: No Competing System . . . . . . . . . . . ... 12 Unlawful Connection Prohibited .. 13 Amendment of the ordinance . . . . . . . . . .... . . .' .`. . 13 .:. THE SYSTEM, .. ... . . 13 Physical • Description . . . . . . . . . . . . . . . ... . . . .13 . . . . . . . . . . ' Management .' 14 . .. , Gas. Supply . . . . . : . . . . . . . '. . . , 15 .< ° Rates, ' Fens and Charges . ' . 15 Service Area . 16 ,. Clearwater Gas Strategic Plan . . . . . 17 Gas System Revenue Bonds . ..' . . . . . , ... ... Pasco County Territorial Dispute . . '. .. ' 18 Manufactured Gas Plant . . . . . . . . . . .. ... 18 ; ADDITIONAL 'PROJECT 19 (MUNICIPAL BOND INSURANCE) 19 THE'CITY`AND PINELLAS COUNTY .. , . . . . 19 COMBINED DEBT SERVICE REQUIREMENTS .• , ., 26 HISTORICAL COVERAGE OF MAXIMUM DEBT SERVICE 'BY NET REVENUES 2.1 RATINGS , . . . . . _ . . . . . . . . . . . . . 21 LEGALITY . . . . . . . . . . . . . . . . , . . 21 TAX' EXEMPTION . . . . . . . . . . . . . . . . . . . . ." ,. 1 . 21 UNDERWRITINd . . . ... . . . . . .` . . . . 23 ENFORCEABILITY OF REMEDIES . . . . . . . ... , .. .. 23 LITIGATION . . . . . . . . . . . '. . . . 23 GENERAL-PURPOSE FINANCIAL STATEMENTS .,. '. . .' 23 FINANCIAL ADVISOR. . . . . . . . . . . . . . . . . . 23 '. MISCELLANEOUS . . . . . . . . . . . . . . . . . . 24 AUTHORIZATION OF,AND'CERTIFICATION` CONCERNING OFFICIAL STATEMENT . . . . . . . . . . . . . . . . 24 ' 1 ' {• , j • 1 • ` • { t , l ' 1, ,,• , - . - ; e -f; ' i1 , , 6 ;'iudydy ,,° : : ? ?€. i• yi .?;?.:ij...,?1?'rJti 2:`,l ?1'j ?? g •' i . .1.. 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'1 r .APPENDIX A - 'GENERAL INFORMATIOI RELATING TO THE CITY- OF -CLEARWATER,,' FLORIDA . =?.,. APPENDIX B -- EXCERPTS FROM THE CITY'OF'CLEARWATER, FLORIDA GENERAL PURPOSE , FINANCIAL STATEMENTS,AND OTHER INFORMATION. FOR THE FISCAL; YEAR ENDED SEPTEMBER 30, 1993 '`<e ' APPENDIX C - -SUMMARY OF• CERTAIN PROVISIONS OF THE, ORDINANCE APPENDIX D -- FORM OF BOND COUNSEL OPINION APPENDIX,E SPECIMEN'BOND INSURANCE.POLICY F- ,? err k - - .. - . , , t Yid' rl ' OFFICIAL STATEMENT $8,250,000" The City of,Clearwater, Florida Gas. System Revenue Bonds, Series 1994A INTRODUCTION The'purpose of this Official Statement, which includes its cover page and certain enclosed 'Appendices, is to. furnish information with respect to the issuance by the city of Clearwater, Florida (the "City") of its 'Gas System Revenue Bonds, Series 1994A (the "Series 1994A Bonds") in the aggregate principal amount of $8,250,000*. The Series 1994A Bonds are being issued under the authority of and.in full compliance. with the Constitution and laws of the State of Florida, including Chapter 566, Part II, Florida Statutes,'as amended and supplemented, the city charter; as amended and supplemented, and other applicable provisions of law. The Series 1994A Bonds ire being issued more specifically pursuant to ordinance .No. 5118-91' enacted by the City Commission of the city (the "Commission") on August 15, 1991, which authorized the issuance of Gas System Revenue Bonds, Series 1991 (the "Original ordinance"), as supplemented by Ordinance No. 5564-94, authorizing the issuance of the Series 1994A Bonds duly enacted by the commission on. August 4, (the "Series 1994A ordinance") and as further supplemented by an award resolution adopted on August 4, 1994 (the "Award Resolution") (the original ordinance, the.Award.Resolution, and the Series 1994A Ordinance are collectively referred to as the "Ordinance"). The'Seri,es 1994A Bonds are special,, limited obligations of the City payable solely from the, Net Revenues derived frori, the operation of the System, as provided in the ordinance on a parity with the City's Gas System Revenue Bonds,• Series 1991, of which $7,6BO,000 remaina outstanding as of September 1, 1994 (the "Series 1991 Bonds"), all as further described under the heading "Additional Parity obligations" herein. Capitalized terms not otherwise defined in.this Official Statement shall have the same meanings assigned to such-terms in the summary of the ordinance, which is set forth in Appendix "C The description of the Series 1994A Bonds, thb Ordinance, and certain statutory provisions as well as the information from various reports 'and "statements contained in this Official Statement' are not comprehensive or definitive. All references to such documents, reports and statements are qualified by the actual content of such documents, reports and, statements, copies of which may be obtained by contacting the Finance Director, City of. Clearwater, Florida, 112 South Osceola Avenue, Clearwater, FL 34616, (813) 462.6936 or during the offering period of the series 1994A Bonds from .Raymond James & Associates, Inc., financial advis{zr to the City. PURPOSE OF SERIES 1994A BONDS The Series 1994A Bonds shall be issued by the City to (i)' finance the costs of certain additions, extensions, supplements or replacements of the existing gas, system owned and operated by the City (the "System") within Pinellas County, Florida (the "1994A Project"); (ii) make a deposit to the Reserve Account in the k Preliminary; subject to change. . 1 r 1 r f' , I f J .. '• r l 1 f I J r 1' ', •, F (or to purchase a debt service Sinking'Fund to satisfy the'Rese'rve Requiremen= , reserve fund policy or surety, as. determined by resolution of the Issuer adopted prior ?to the issuance of'any series of Bonds); and (iii) pay the costa of issuance of the Series 1994A Bonds. PROJECT A portion of the proceeds from the sale of the series 1994A Bonds will be utilized by the City for the additions, extensions, 'supplements or replacements of the existing gas system (the "system") within Pinellas County, Florida, for areas currently serviced by the System 'the '11994A Project") . , The estimated cost of the 1994A Project is $7,010,000 which will'be funded in part from. Series 1994A Bond'proceeds. The following chart shows the current components for the 1994A Project to . be funded by the Series 1994A'Bond proceeds and certain investment earnings, and the estimated costs of the components. Pinellas County Gas Main & Service Extensions $5,670,000 - Commercial and Residential Main and Services Line Extensions 3,640,000 -,Main Relocation due to Highway improvements and other Public Works Projects 890,000 -- Indian Rocks Loop 500,000 -- Pinellas Vehicles (B) and Computers (7) 150,000 w Engineering Design Services 200,000 - Gas Meter Changeout Program 200,000 -.Propane Tanks and Installation 90,000 Develop,New Gas Markets 1,340--000 - Natural Gas Vehicle Stations/Conversions .and Gas Air conditioning 1,300,000 - Marketing Vehicles (2), and Computers (3)' 40,000 Total Net Capital Requirements for 1994A Project $7.030.000 ESTIMATED SOURCES AND USES OF FUNDS The proceeds to be received from the sale of'the Series 1994A Bonds are j' expected to be applied as follows: Sources of-Funds Principal Amount of Series 1994A fiends $ Less Original Issue Discount ( ) Accrued Intorest- • Total Sources of Funds $ '' ?• Uses of Funds ' Deposit to the Construction Fund S Deposit to Interest Account (1) Deposit to the Reserve Account Underwriter's Discount ( ) Costs of Issuance (2) Total Uses'of Funds $ (1) Accrued interest. (2) Includes the premium for the Municipal Bond Insurance Policy: r, 2 y I?l rr ,` ,, ? f IS of , I fie if }}'Y4 %r?,t• ;i r DESCRIPTION OF THE SERIES 1994A BONDS General 1", 1 The Series 1994A Bonds shall be issued in fully registered form in denominations of $x,000 and integral multiples thereof and shall be dated, shall bear interest (payable semi-annually on March.3. and September 1 of each year commencing March 1, 1995) at the rates per annum and shall mature on the dates- and in the amounts, all as set forth on the cover page. of this official Statement. Interest on the Series 1994A Bonds will be payable by First Union National Bank of Florida having its primary corporate trust office in Jacksonville, Florida, as Paying Agent, by check or draft mailed to the registered owner at the address shown on the registration books of the City maintained by the Paying Agent, also acting as Registrar, on the fifteenth' (15th) day of the month prior to each Interest Payment pate whether or not such day is a.business day ("Record Date"), provided that, at the request of any registered owner of at least $1,000,000 in aggregate principal amount of series 1994A Bonds, interest may be payable by wire transfer to the bank account number on file with the Paying "Agent as of the applicable Record Date. The principal of and premium, if any, on the Series 1994A, 'Bonds are payable at maturity or earlier redemption to the registered owner upon presentation and surrender at' the designated corporate trust office of the Paying Agent. Negotiability, Registration and Cancellation At the option. of any registered owner of one or more Series 1994A Bonds and upon surrender at the principal corporate trust'office of the Bond Registrar with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his or her duly authorizers attorney, the Series 1994A Bonds may be exchanged for series 1994A Bonds of the same maturity of any other authorized denominations. The Registrar shall keep books for the registration of the Series 1994A Bonds and for the registration of transfers'of the Series 1994A Bonds as provided in the ordinance. . The Series 1994A Bonds shall be transferable by the registered owner thereof in person or by his attorney duly authorized in writing only upon 'the registration books of the City kept by the Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his or'her duly authorized attorney. upon the transfer of any such. Series 1994A Bonds, the City shall issue in the name of the transferee a new Series 1994A Bond or Series 1994A Bonds. The City, the Paying Agent and the Registrar shall deem and treat the person whose name any Series 1994A Bond shall be registered upon the books kept by the Registrar as the absolute owner of such series 1994A Bond, whether such Series 1994A Bond shall be overdue or not; for the purpose of receivtng payment of, or on account of, the principal of and interest on such Series 1994A Bond as the same: becomes due and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 1994A Bond to the extent of the sum or sums so paid, and neither the city, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. Transfer and Exchange In all cases in which the privilege of exchanging series 1994A Bonds or transferring Series 1994A Bonds is exercised,'the City shall execute and the Registrar shall authenticate and deliver Series 1994A Bonds in accordance with the provision of the Ordinance. All Series 1994A Bonds surrendered in any such exchanges or, transfers shall forthwith be delivered to the Registrar and canceled 3 by the-Registrar in the manner'provided by the-ordinance. There shall be no charge for any ouch exchange or transfer of Series 1994A Bonds, but the City or the Registrar may require-payment of.a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be required'(a) to transfer or exchange series 1994A Bonds for a period from the Record' Date to the next ensuing payment date on such Series 1994A•Bonds 'or 15 days next preceding any selection of Series 3.994A Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or exchange any Seriea 1994A Bonds called for redemption. Redemption Provisions optional Redemption. The Series 1994A Bonds maturing on or after September 1, 2002 and thereafter, may, at the option of the City, from any funds legally. available for 'such purpose, be redeemed in whole on any date on or after September 1, 2002, or in part on any interest' payment date thereafter, in any manner as shall be determined by the City at the redemption- prices (expressed as, percentages of the principal amount of such Series 1994A Bonds to be redeemed)' as set forth below if redeemed in the. following redemption 'periods, plus accrued , interest to the redemption date: Redemption Periods Both Dates InclusiRedemption Price September 1, 2002 through August 31,.2003 102% September 1, 2003 through August 31, 2004 101 September 1, 2004 and thereafter 104, Mandatory Sinking Fund Redemption of the Series 1994A Bonds. The Series 1994A Bonds maturing on September 1, _ are subject to mandatory sinking fund redemption by funds deposited in the BBond Amortization Account in the Sinking Fund prior. to maturity in part, by lot at a redemption'-price equal to their principal amount and the accrued interest on each September 1 in the years and amounts set forth below at a redemption price equal to 100% of the unpaid principal amount of such Series 1994A Bonds being redeemed•plus accrued interest thereon to the date fixed for redemption, without premium: Principal Year Amount * Final Matur ty 'Mandatory Sinking Fund Redemption of'the Series 1994A Bonds. The Series 1994A Bonds maturing on September 1, are subject to mandatory sinking fund redemption by funds deposited in the Bond Amortization Account in the Sinking Fund prior to maturity in part, by lot at a redemptIon, 'price equal to their principal amount and the accrued interest-on each September 1 in the years and amounts set forth below-at a redemption price equal to 100% of the unpaid principal. amount of such Series 1994A Bonds being redeemed plus accrued interest thereon to the date fixed for redemption, without premium: 5 , r . ' i - ?a'• ?' ? :psi ? pp . - '' ?.( , ? 7 • I I ' Principal, Xeax Amount *.F nal'Matur ty Money held for the credit of the Bond Amortization Account is required to be applied to the retirement of term obligations as follows: (l) 'Subject to the provisions of paragraph (3) below, the City may purchase Term Bonds then outstanding at the most advantageous price obtainable, with reasonable diligence, such price not to exceed the principal of such Term Bonds plus the accrued interest to the date of delivery thereof. The City is required to pay the interest accrued on such Term Bonds to the date of deelivery,. thereof from the Interest, Account and the purchase price from the Bond Amortization Account, but no such purchase may be made by the City within the period of 45 days immediately preceding any interest payment date on which Term Bonds are subject to call for redemption, except from money in excess of the amounts set aside'or deposited for the redemption of Term Ponds. (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 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 City is required to withdraw from the Interest Account and from the Bond Amortization Account and' sett aside in separate accounts or'deposit with the paying agents the respective amounts required for paying the interest on and the principal of and redemption premium applicable to the Term Bonds so called for redemption. (3) Money in the Bond Amortization Account is required to be applied by the City'in each fiscal year to the retirement 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 are not then subject to redemption from money in the Bond Amortization Account and if the City is at any time unable to exhaust the money applicable to the Term Bonds of such series under the provisions of this clause or in the purchase of such Term Bands under the provisions of paragraph (1) above, such money or the balance of such money, as the case may be, must be retained in the Bond Amortization Account and, as soon as it is feasible, applied to the Term Bonds of such series; and (b) Any balance then remaining, other than money retained under the first clause of this paragraph (3), is required to be applied to the retirement of such Term Bonds as the City in its sole discretion determines, but only, in the case of the redemption of Term Bonds of any series, in such amounts and on such terms as may be provided in the ?r z , Y • 'fie ?•? ?t'.?... . f ?.t resolution or ord.innnce authorizing the issuance of the obligations of such series. The city is required to pay from the sinking Fund all expenses in connection with any ouch purchase or redemption: Notice of Redemption Notice of call for redemption of the Series 1994A Bonds shall be mailed by first class mail, postage prepaid, by the Registrar at least fifteen"(15) days and 'not more than thirty (30) days, before the date fixed for redemption to all registered owners, of the Series 1994A Ronda (or any portions thereof) to, be redeemed, to their addresses as they appear on the registration books for the Series 1994A Bonds or to such other address as shall be furnished to the Registrar by such Bondholder.' Failure of any registered owner of Series 1994A Bonds that are to be redeemed to rece::ve such notice of redemption, or any defect in such notice, shall not affect the validity of the proceedings for such redemption of any other series 1994A Bonds. When notice of redemption is given, the Series 1994A Bonds called for redemption will become due and payable'on the redemption date at the redemption price stated in'the notice. Interest on any Series 1994A Bonds duly called for redemption will cease to accrue after the date fixed for redemption if funds sufficient for payment of the redemption price has been deposited with the Paying Agent. SOURCE OF PAYMENT AND SECURITY FOR THE.SERIES 1994A BONDS General. The principal of, redemption premium, if any, and interest on the series 1994A Bonds are payable from the Net Revenues equally and ratably with each other and the Series 1991 Bonds. The Series 1994A Bonds and the Series 1991 Bonds are secured by a first and prior lien on the Not Revenues derived from the operation of the System deposited in the Sinking Fund created and established under the Ordinance and from monies and investments deposited in certain funds and accounts established by the ordinance and earnings thereon. The series 1994A Bonds shall not be and shall not constitute an indebtedness of the City or the State of rlorida or any political subdivision thereof within the meaning of any Constitutional, statutory, charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing power of'the City,.the State of Florida, or any political subdivision thereof, are pledged or obligated as security for the payment of the principal of or interest on any series 1994A Bonds. The holders of the Series 1994A Bonds shall have no right to compel the exercise of the ad valorem taxing power, of the City or taxation in any form of real property therein to pay the Series 1994A Bonds or the interest thereon. The proceeds of the sale of the Series 1994A Bonds shall be and constitute trust funds for thn'purposes provided in the ordinance and there is a lien upon such money, until so-applied, in favor of the Holders of the Series 1994A Bonds. "Net Revenues" is defined in the Ordinance to mean Gross Revenues less the Cost of Operation and Maintenance. "Gross Revenues" means all monies received from rates, fees, rentals or other charges or income derived from the investment 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. "Cost of Operation and Maintenance" of the System means all current expenses, paid or accrued, for the operation, maintenance and repair of all facilities of the System, as calculated in accordance with sound accounting G 1 F 1 1 • r ' practice and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses of the City related solely to the System, labor, cost of materials and supplies, used for- current operation and ,.charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice, but excluding any reserve for renewals or replacements,' for extraordinary repairs or any a'.lowance•for depreciation. The Series 1991 Bonds and the Series 1994A Bonds are further secured by a prior lien on and pledge of the monies and investments deposited in the' Funds and Accounts established, by the' ordinance except for monies and investmenta deposited in the operation and Maintenance Fund and the Rebate Fund. Reserve Account. A Reserve Account within the Sinking Fund has been established pursuant to the Ordinance., Within the Reaerve-Account, there will be established a separate subaccount for each series of Bonds. Revenues must be applied by the City 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 will initially, be deposited therein from the proceeds of the sale of the Series 1994A Bonds and other funds of the City. To the extent the City determines pursuant to a subsequent resolution to fund a subaccount within the Reserve Account for a respective serles of.Bonds, the City may provide that the difference between the amounts on deposit in'suah 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 mun!.cipal 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 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. ''For further information concerning the Reserve Account,, please refer to the section entitled "Flow of Funds" contained herein. Notwithstanding any provision of the Ordinance to the contrary, moneys in each subaccount in the Reserve Account may be used only for the purpose of the payment of maturing principal of or interest or making Amortizatiori 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. FLOW OF FUNDS Establishment of Funds and Accounts' .s The following Funds and Accounts have been established pursuant to the' ordinance: Revenue Fund operation 'and Maintenance Fund Sinking Fund Interest Account Principal Account Reserve Account Bond Amortization Account Renewal and Replacement Fund A separate rsubaccount is required'to be maintained in the Reserve Account for each series of-Bands. '? +k1' r. a r' 0 W'. r Priority of Flow of Funds The entire Gross Revenues,. except the income from investments (hereinafter discussed), derived from the operation of the System must be deposited in the .Revenue Fund. The Revenue Fund constitutes a trust fund for.the purpose provided in the ordinance, and must be kept separate and distinct from all other funds of the City-.and used only for the purposes and in the manner provided in the ordinance. All revenues at any time. remaining on deposit in the Revenue Fund must be disposed of on or before the fifteenth (15th) day of each month only in the following manner and in the following order or priority: 1. Revenues must first be used to deposit in the operation and maintenance Fund, such sums as are necessary for the, Cost of operation and maintenance for'the next ensuing month. 2. Revenues must next be used for deposit into the Interost Account; such sums as will be sufficient to pay one-sixth (1/6) of all interest becoming due on the Series 1994A Bonds and the Series 1991 Bonds on the next semi-annual interest payment date. 3. Revenues must next be used for deposit into the Principal Account, in any bond year in which a Serial Bond matures, such sums as will be sufficient to pay one-twelfth (1/12) of the principal maturing on Serial Bonds in such year. 4. Revenues must next be used for deposit into the Bond Amortization Account in any bond year in which an Amortization installment is due, such sums as will be sufficient to pay one--twelfth (1/12) of the Amortization Installment' required to.be made in such year. Such payment will be credited to a separate special account for each series of Term Bonds outstanding,-and if there is 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 are pledged solely to the payment of principal of the Term Bonds of the series or maturity within a series for which it is established and will not be available for payment, purchase or redemption of,?1erm Bonds of any other series or within a series, or for transfer to any other account, in the Sinking Fund to make up any deficiencies in required payments therein. Moneys on deposit in each of'the' separate special accounts in the Bond Amortization? Account are required to be used for the open market purchase or,the redemption of Term 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 required,deposits to the Principal Account, Interest Account and Bond :'Amortization Account are required to be adjusted in order to take into account the amount of money currently on deposit therein. 5. Revenues must 'next be applied by the city to' maintain in each subaccount in the Reserve Account a sum equal to the Reserve Requirement, 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 1994A Bonds and other funds of the City. To the extent the City determines pursuant to a subsequent resolution to fund a subaccount within the Reserve Account for a respective series of Bonds, the City may provide that the difference between the amounts on deposit in such subaccount and the Reserve Requirement for such series of Bonds shall bo 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 . j, r 1 , 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 the Series .1994A 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 Standard S Poor's Corporation and Moody's Investora Service, Inc. Any withdrawals from any oubacdount in 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 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 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 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 from the subaccount within the Reserve Account for such series of Bonds, all or any portion of the amounts accumulated therein with respect to the Bonds being refunded and deposit such amounts as required by.the resolution authorizing the refunding of such series of Bonds. 6. The City must next deposit'into the Renewal and Replacement Fund an amount equal to one-twelfth (1/12) 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 are required. The moneys in the Renewal and Replacement Fund may be used only for the purpose of paying the cost of extensions, enlargements or additions to, or the replacement of capital assets of the System and emergency repairs thereto. Such moneys on deposit in such Fund are also required to be used to supplement the Reserve Account if necessary, in order to prevent a default in the payment of'the principal or Amortization Installments of and interest on the Bonds. 7. The balance of any moneys remaining in the Revenue Fund after the above' required payments have been made may be used by the City for any lawful purpose. 8. The Operation and Maintenance Fund, the Sinking Fund, the Renewal and Replacemrnt 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 herein for such funds. All such funds shall be continuously secured in the same manner as City deposits are authorized to be secured by the laws of the State of Florida. COVENANTS Rate Covenant in and by the Ordinance, the City has covenanted that it will fix, establish, revise from time to time whenever necessary, maintain and.collect always, such fees,, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide Revenues in each 9 3 r ;.+I re ° I year sufficient to pay, and out of such funds pay, 100% of the Cost of operation and Maintenance of the System in such year and all reserve and other payments ' provided for in the ordinance and 125% of the Bond Service Requirement due in such year on all outstanding Bonds. The City has covenanted that such rates, fees, rentals, or other charges shall not be reduced no as to be insufficient to provide Revenues for such purposes, Additional Parity Obligations Additional Parity Obligations, payable on a parity from Net Revenues of the System with the Series 1994A Bonds, may be issued after the issuance of the Series 1994A Bonds, for 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 set forth below, from the System, either during the immediately preceding fiscal Year, during any twelve (12) consecutLve calendar months of the eighteen, (18) calendar months immediately preceding the sale of the proposed Additional Parity obligations or during the last twelve (12) month period for which the City has audited financial statements for the System, at the option of the City, shall have been not less than 125% of the Maximum Bond service Requirement which will become due in any calendar year thereafter on (a) the " Series 1994A Bonds then outstanding, (b) any Additional Parity obligations issued and then outstanding (including the Series 1991 Bonds), and (c) the Additional Parity obligations then proposed to be issued. 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 City shall have acquired prior to the issuance of such Additional Parity obligations or which the City shall be acquiring from proceeds of such Additional Parity'obligations;.and b. In the event a change has been made in the rate schedules for services from the System prior to the issuance of the proposed Additional Parity obligations-for a part of such 12 month period referred to in (1) above,' and such change has resulted in'an increase in•Net Revenues, such amount of additional Net Revenues which the consulting Engineers estimated would have been received by the City during such 12 month period if such change in such rate schedule had been in effect during the entire 12 month period; and.in the event a change has been made in the-rate schedules for services from the System prior to the issuance of the proposed Additional Parity obligations for a part of such 12 month period referred.to in (1)' above, and such change has resulted in,a decrease in Net Revenues, by subtracting therefrom such amount of the Net Revenues which the Consulting Engineers estimate would not have been received by the City during such 12 month period referred to in (1) above, if such change in such rate schedule had been in effect during the entire 12 month period. 2. Each resolution or ordinance authorizing the issuance of Additional Parity Obligations will recite thaL• all, of the covenants contained in 'the ordinance will be applicable to such Tdditional Parity obligations. 3. The City shall not be in default in performing`any of the covenants 'and obligations of -the Ordinance, if all payments required to have been made into the accounts and funds, as?provided in the Ordinance, shall have been made to the full extent required.. 10 6- fit; ?I E,0 'f 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 accoiints relating, to the System to be properly audited by a recognized independent firm of certified public accountants. No Mortgage or Sale of the System The'City has covenanted not to sell, lease,,mortgage, pledge or otherwise encumber the 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 determinen, 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 aiiiount 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 is required to make a finding in' writing, determining that such property comprising a part of the System is no longer necessary, useful or profitable in the operation thereof. If the amount to be received from such sale, lease or other disposition of said property is in excess 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 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 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 $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 must 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 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 findings of such city Manager or other officer and'of the consulting Engineer, and authorize such sale, lease or other disposition of said'property. Anything in this section to the contrary notwithstanding, nothing restricts the governing body of the city or, to the extent such 'authority has been vested in the City Manager by such governing body, the City Manager in exercising discretion, from authorizing the sale.or other disposition of any of the property 'S• i . A J r r • r 1 ,l ,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 series 1994A Bonds for the parity 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 do not reduce the amounts required to be paid into such Fund by other provisions of'the ordinance. Anything in this section to the contrary notwithstanding, nothing prohibits the City from transferring ownership of the system to another governmental entity in accordance with the Ordinance without complying with the provisions described in this section. No' Free Service The city has covenanted not to render or.cause to be-rendered any free services,, except to the extent that certain marketing and sales programs may involve incentives to the customer with such resulting expenses paid for by appropriate marketing and sales expense funds of, the System. ' Nor will any preferential rates be established for users of the same class, except that the. City, Commission has authorized by ordinance the use of discounted gas service rates to avoid the-loss of a customer who has decided to consent to a lower cost alternate energy source. Whenever the City, 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 City and any such department, agency or instrumentality. Such charges shall be paid as they accrue, and the City is required to transfer from its general funds to the Gas 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 be deposited and accounted for in the same manner as other Gas Revenues derived from a similar operation. Enforcement of collections The City has covenanted to enforce and collect the rates,.fees and other charges for the aervicea and facilities, of the System herein pledged; 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 ex' tent 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 trust to be'applied as provided in the Ordinance. The City 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 chargers for the services of the system and will not furnish him or permit him to receive from the System further service until all obligations owed by him-to the city on account of services have been paid in full'. No Competing System To the full extent 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, for. the furnishing of competing gas service--s 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 12 i granting of such franchise or permit for such area upon such terms' and conditions as it.may approve. Unlawful Connection Prohibited The City has enacted an ordinance making it unlawful fcr 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 permitted 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 a majority of the Bondholders of the principal amount of the Series 1994A Bonds of each Series so affected and than outstanding/ provided, however, that no modification or amendment may permit a change in-the maturity of such Series 1994A 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 City to pay the principal of and interest on the Series 1994A 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. For purposes of this paragraph, to tho extent that any Series 1994A Bonds are secured by a Credit Facility and such Series 1994A 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 successore and assigns, then the consent of the Credit Facility issuer will be deemed to constitute the consent of the Bondholders and in such case no consent of the Bondholders is required. THE SYSTEM Physical Description The Clearwater Gas System ("CGS" or "System) began operations?in the mid- 1920's with the production,-distribution and sale of manufactured gas. The System was converted to natural gas in 1959 when Florida Gas Transmission (FGT) extended pipelines into'Florida. CGS also provides propane (LP) service in areas where natural gas mains have not yet been extended. In addition to serving the City of Clearwater, the CGS has expanded into, and has franchise agreements with, the cities of Belleair, Belleair Reach, Belleair Bluffs, Dunedin, Indian Rocks Beach, Largo, Oldsmar, Safety Harbor, and Tarpon Springs. The System also .services the unincorporated area between these cities. The franchise agreements expire respectively in 2020, 2002,.2020,'2018, 2001, 2014, 2001 and 2013, which in some instances is prior to the maturity of the Series 1994A Bonds. It is anticipated that'such franchise agreements will be renewed upon their expiration/ however, there is no assurance, of such renewals. Each franchise agreement authorizes the respective municipality to terminate the franchise agreement in the event the City fails to furnish gas for a period of. 72 hours as required by the agreement for causes within the control of the City. In 'addition, the franchise agreements with Dunedin, Belleair Bluffs, Largo and Safety Harbor authorize' the municipality to purchase •.from''the City the property used with respect to each franchise, at the expiration of the franchise. The franchise agreements with Oldsmar and Tarpon Springs authorize Oldsmar and Tarpon Springs to purchase such property during the term of the franchise as well as at 13 .f i f ' k iM expiration. CGS currently serves 12,010 customers and has 482 miles of gas main as of June, 1994. According to a survey conducted by Pipeline & Gas Journal dated September, 1993, the Clearwater Gas System ranked as''the third largest municipal natural gas system in Florida and the 39th largest in, the United States. Management The City has a commission-Manager form 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 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 System. The Clearwater Gas System is administered by the Gas System Managing Director & Executive officer who reports directly to the City Manager. CGS is one (1) of six (6) utilities (Water, Sewer, Gas, Solid Waste, Recycling, and Stormwater)•billed on a consolidated basis by the Clearwater Utility Customer Support. Charles S. Warrington, Jr. currently serves as Managing Director & Executive'Officer of the Clearwater Gas System and reports directly to the City Manager. He received his Bachelor of Electrical Engineering degree from the Georgia Institute of Technology in 1971 and is a 1982 graduate of the University of Michigan Public Utility Executive Program. He has been a registered Professional Engineer in the State of Florida since 1976. 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 23 years of public utility experience of increasing responsibility. Mr. Warrington currently serves on the Board of Directors of the Florida Natural Gas Association, serves on the Hoard of Directors and as Secretary to the Municipal Gas Authority of Florida, and serves on the Board of Directors and as Vice President of the Florida Engineering Society - Pinellas Chapter. Terry Neenan has served as Assistant Director of CGS/Gas Supply & Operations since 1994. Prior to that he served as Gas Superintendent from 1986 until 1994, Assistant Superintendent from 1982 to 1986, Service Supervisor from 1979 to 1982, and utilities Serviceman from 1968 to 1982 all with the Clearwater Gas System. He holds a Masten Gas Contractor License with Pinellas County, a Natural Gas Specialty Contractor License with the Pinellas County Construction Licensing Board, a 601 LP License from the Department of Agriculture, and holds other licenses and certificates related to natural and LP gas. Mr. Neenan serves as qualifier for the Clearwater Gas System both in Pinellas and Pasco Counties. Mr. Neenan graduated from Largo Senior High School in 1960 and has attended St. Petersburg Junior College and the Florida Gas Transmission School in Sanford. He has served as a Secretary, Treasurer, Vice- Chairman and Chairman' of the- Operating Section of Florida Natural Gas Association. He has also served two years as Secretary to the Florida Municipal Natural Gas Association. James M. Lewin, Sr, has served as Assistant Director of CGS/Gas Marketing .& Planning since April 1994. Prior to that, he served as Assistant Superintendent from 1986 to 1994, Gas Supervisor from 1977.to 1986, and as a Distribution Serviceman-from 1974 to 1977, all with the Clearwater Gas System. 14 i • 1j , 1 i • 1. r Mr. Lewin also holds a Natural Gas Specialty Contractor License with the Pinellas County Construction Licensing Board, a 601 LP License 'from, the Department of Agriculture;.and holds other licenses and certificates related to natural gas. Mr. Lewin graduated from Largo fiigh School in 1972. He is three (3) credit hours from completing an Associate of Arts Degree in Business Administration. Gas Supply The city purchases its supply of natural gas from the Citrus Industrial Sales Company, Inc. The present supply of gas is based on service agreements between the City, the Municipal Gas Authority of Florida (MGAF) and Florida Gas Transmission Company (FGT). On August 1, 1990, the Federal Energy Regulatory Commission (FERC) deregulated the natural gas pip-aline industry. This allows other natural gas suppliers and local distribution companies (LDC), like the Clearwater Gas System to transport gas over FGT pipelines as, opposed to purchasing natural gas supply from only FGT. FGT at the present time is equally owned by Enron Corporation and Sonat, Inc. Enron Corporation through its subsidiaries operates or has interest in approximately 37,000 miles of transportation pipelines from Texas to the Canadian border and from California to Florida. Sonat, Inc. owns and has interest in natural' gas. transportation facilities that provide service in the states of Florida, Georgia, Alabama, South Carolina, Tennessee, Mississippi, and Texas. as well as,the Federal Offshore Domain in and around the State of Louisiana. MGAF is an inter--local municipal organization which purchases natural gas supplies for fifteen (15) municipally owned LDCs and Gas Districts served by FGT. Clearwater Gas System was a leader in forming MGAF. The City of Clearwater joined MGAF by Resolution 92-75 which was adopted by the City Commission on December 3, 1992. MGAF began purchasing gas supplies for Clearwater Gas, System through a three (3) year gas management and purchasing contract with Citrus, .Industrial Sales Company in November 1993. These agreements provide a maximum daily quantity of approximately 10,219 MMBtu's,of natural gas,during- the months of November to April; 4,652 MMBtu'a during the months of May to September; and 7,496 MMBtu's for the month of October. The total annual entitlement is 2,793,771 MMBtu's of natural gas transportation. FGT is constructing an additional gas pipeline along the west coast of Florida called Phase III, which will-increase the supplies of gas available to the CGS. Clearwater Gas has entered into Phase III transportation agreements with FGT for an additional 1,781 MMBtuls to be delivered during the summer and 1,348 MMBtu's delivered in the winter. Phase III is projected to be in service date by the end of - December 1994. Phase III will increase our yearly transportation entitlement by 583,816 MMBtu's. This will establish a new annual entitlement of 3,377,587 MMBtu's to be delivered by the FGT pipeline,•which will provide adequate capacity through at least the year 1998. It is anticipated that additional entitlements can be acquired from either the proposed FGT Phase IV or the proposed Sunahtne Pipeline to satisfy CGS's customers' needs into the twenty- first century. Rates, Fees and Charges The City Commission. has established a schedule of rates and charges by ordinance, which includes a purchased gas cost adjustment provision allowing the City to pass-through to customers any increase or decrease, in the purchased price of gas. The City is not subject to regulation by any state agency' in 'establishing or revising its rates. In the last five years the general (firm) and interruptible ratea have ranged from lows of 61.2364 and 42.1164"per therm in July 1990 to highs of.834 per therm in June 1993 and 604 per therm in December 1992,`respectively. The current rates are as follows: 15 r 1. ` •l. . ':'m d4F' , l Bate Sc ed le Rate Pe_-`Them General (Firm) b Interruptible` Service Area, CGS's present service area covers all of northern,Pinellas County, an area of approximately 135 square miles. The, service area is generally bounded by Ulmerton Road on the south, the Gulf of Mexico on the west, the Pasco County line on the north and the Hillsborough County line and the Tampa pay on the east. In addition to the City of Clearwater, the service area includes the' cities of Belleair, Belleair Reach, Belleau Bluffs, Belleair Shores, Dunedin, Indian nooks' Beach, Largo, Oldsmar, Safety Harbor and Tarpon Springs, as well as portions of the unincorporated areas of northern Pinellas County. As of June-1994, the latest date as of which the information is readily available, CGS's active natural gas customers were located as shown in the following table: Location Meters Percentage Belleair 261 2.3% Belleair Beach 9 0.1 Belleair Bluffs 10 0.1 ' Clearwater 6,433 57.2 Dunedin- 982 8.7' Indian Racks' Beach 4 Largo 1, 172 10.4 ;. •' Oldsmar 22 0.2 Safety Harbor 504 4.5 Tarpon'Springs 286 2.5 ' Unincorporated Areas 1.568 13.9 ' Total 11,251 100.0% CGS provides service to firm (non-interruptible) and interruptible classes of customers: CGS derives less than'one percent of its revenues from its largest ' ` firm customer. " The following table shows the five (5) largest interruptible customers by peak monthly consumption and the percent of the CGS's revenues derived from such customers,during the 12 months ending September 30, 1993: Peak' V of Customer Name Monthly'Therms Gross Revenues f National Linen Services, Inc.' 73,320, 3.6% Metal Industries, Inc. 48,530 2.7% Morton F. Plant Hospital cif 45,960 0.7% ?. Aubrey T. Moorefield Paving Contractors; Inc. (2) 41,330 1.7% Clearwater Linen.&.Uniform Supply, Inc.' ' 27,800 1.4% Used an alternative fuel service until May, 1993. {2? Currently using an alternative fuel service'since July, 1993. CGS's customers have grown in the past five years from 10,490 in September 1989 to 12,010 in 'June 1994. CGS's 12,010 .customers represent a market 16 '1. ' A Y S .. ,. o S ) riY}' !` 1 f aa ? M I penetration of approximately 5%,. providing a significant opportunity for continued customar,growth within the existing service area. The following table shows the,breakdown of CGS's customers by category,as well as the,volume of gas cold and the sales revenues generated by each category for the fiscal year ending September 30, 1993: Average No. Gas Gas Customers Volume Sales Interruptible 10 °17.5% 13.1% Residential 9,029 23.5% 25.1% Commercial 1,926 59.0% 61.89, Clearwater Gas Strategic Plan The management of Clearwater Gag system developed a comprehensive 111993- ' Commission on 2000 Strategic Plan" which was,preserted to the City of Clearwater August 10; 1993. This Strategic Plan provided four (4).aggressive strategic' opportunities: 1. Continue the existing level of gas service operations and ' growth rate in Pinellas County -? this is projected to add 2,800 new customers by the year 2000? r 2. Accelerate growth in Pinellas County -- this is projected to add,an additional 2,500 new customers by the year 2000; 3.• 'Expand gas service into Pasco County - this is projected to add'an additional 1,900 new customers by the year 2000; and .4. Develop new Gas Markets - this would allow CGS to expand " services into new market opportunity areas such as Natural, Gas vehicles and Gas Air Conditioning, , All four strategies by the city commission are projected to allow Clearwater Gas System to grow by 60% to 19,000 customers by the year 2000. It is estimated that its growth would provide gross revenues of $25 million, and net income of $6.1 million by the year 2000. The City Commission approved this Strategic Plan in its entirety and began the.process of authorizing a total of, $3S million in additional Gas Revenue Bonds'. to (support this Strategic Plan by approval of City of Clearwater Resolution 94-21 28,'1994 and (Gas System Bond Reimbursement Declaration of Intent) on'February . by subsequent approval of city of Clearwater ordinance' 5564=94 (Gas 'System' Revenue 'Bond Issue 1994A) on August 4, 1994. The Series 1994A Bonds are the " first issue of bonds required.to implement the funding for the overall Strategic ' Plan. [Remainder of page intentionally left blank.] , 17 ! ,. •"f• " t' 1' t i }f • 4 Gas System Revenue Bonds , A-breakdown of the Gag System Revenue Bond issues planned is as follows: ISSUE ISSUE Long Range Strategi.c_Plan Bond Issues (1943-2000) TOTAL 1994A 19948 Pinellas County Ga's Main &'Service Extensions $12.93 $5.67 $ 7.26 Masco County Gas Main & Service Extensions 9.56 -0- 9.56 Develop New Gas Markets (NG vehicles & Gas A/C) 2.24 1.34 X90 Subtotal Net Capital Requirements for Strategic Plan Expansion ' $24.73 $7.01 $17.72 Allowance for Additional Authorized Expansion Projects 5.00 -0-- 5.00' Allowance for nond Expenses & Debt Service Reserve Fund, 5.27 1.24 4.03 Total 1994 Gas Revenue Bond lasue'Requested $35.00 $8.25 $26.75 ? Pasco County Territorial Dispute 4 , On June 21, 1994, Peoples Gas System, Inc., petitioned the Florida Public. Service Commission (FPSC) to,reaolve a territorial.dispute between'Pe'oples Can System (PGS) and Clearwater Gas System relating to the ,Pasco County Service ' territory. PGs has asked the FPSC to deny CGS the Panco County territory and certify the area for Peoples Gas. The City intends to vigorously defend its right to serve this area which is immediately adjacent to the City's existing service territory and a logical extension thereto, whereas PGS's.nearest facilities are over 16 miles away. Resolution of this territorial dispute in favor of the City must occur before the issuance of bonds may be'undertaken to fund that project., Manufactured Gas Plant Clearwater Gas system operated a manufactured gag plant. at the, site of the System's existing AdinLnistzative offices & ,Operations Center at 400 North Myrtle Avenue near downtown Clearwater from'the mid-1920's to approximately 1960: The plant has since been dismantled and the,gas holder removed around 1984. On October 17, 1988, the Florida Department of Environmental Regulation (FDER) completed. a preliminary assessment at the site and concluded that a site screening investigation was warranted. The U.S. Environmental Protection Agency (EPA)* retained 'a contractor to conduct this investigation in 1990 and determined that 'there was "no evidence that on-site or near off-site disposal' of gasification by-products ever took place." However, due to "poor housekeeping and waste disposal practices at other gasification plants," they concluded that "gasification by-products may also be present at this site." EPA recommended a medium priority for a FDER site screening investigation. In'necember 1993 the'Florida Department of Environmental Protection (FDEP) informed the City that they were ready, to proceed with the site investigation. The City has retained a licensed Environmental Contractor who is experienced in manufactured gas plant site investigations to perform a Contamination Assessment Plan for the former gas plant site. Currently under negotiation are the terms of 'an Inter-governmental Agreement between the, City and the FDEP to establish the parameters of the site assessment. The City does not believe that the site will require extensive clean'-up7 ' however, the extent of such clean-up (if any is required) will not be known until the Contamination Assessment Plan is concluded. ?. ' 3 ADDITIONAL PROJECT The following chart shows the currant components for the 1994B Project to be funded by,the series 19948 Bond proceeds and certain investment earnings Pasco County Gals Main and Service Extensions ,. - Trunk Main Line Extension -Commercial and Residential Main and Service Line Extensions - Engineering'Design services and other Consultants - Pasco Vehicles'(p) and Computers (0) [MUNICIPAL BOND INSURANCE] ". [To come] •THE,CITY AND.PINELLAS COUNTY The City is a'municipal corporation organized and existing under the laws of the State of Florida. The City is located in the middle of the west coast of Florida on the Gulf of Mexico and has a population of Its city limits compride,of approximately, 32-1/2 square miles of land and 8.5 square miles of waterways and lakes. The City is governed by a city commission and operates under a Comntiiasion-- Manager form of government. The city, Commission appoints a full-time City Manager and a full--time City Attorney. A full-time Director of Finance has the •, responsibility for all internal auditing and financial record keeping operations of•the City, and is appointed by' the City Manager. Also, an internal audit director is appointed by the City Manager and serves full time. i° The City.is primarily a resort and residential community of well'-kept homes and recent developments of condominium apartments. The 'City has, many recreational facilities including tennis, golf, boating, fishing, water sports,' and and recreational paths. During the winter months, the 'hotels, motels, , restaurants fill to capacity with visiting tourists and winter residents. ;The City offers over 42 acres of public beach front. The City of Clearwater and the other municipalities served by. the System are located in Pinellas County, Florida. Pinellas County is the second smallest county in the state in.land mass, but is the most populated'county in Florida and the most densely. populated with nearly residents. Major' private employers in the County include an-electric ut ty holding company, a several hospitals, a newspaper publisher, and, a'' ' television merchandiser, , retailer's' corporate headquarters. Tourism is the,largest industry in the County employing over people in hotels, shops, restaurants and other related' businesses. Annual visitors exceed million people. € Further information on the City is contained iri Appendix A - "GENERAL INFORMATION RELATING'TO THE CITY OF CLEARWATER, FLORIDA". 19 e r . . ?f' 'fi .:i•> .. as ' y?•ry??r'? .15? ?7 t'i ^. _. .•!. ' 'i, S: is ?, ?.5".F' t ?y:... .^Y. .l. t.Nt:,?.:- .,I IY.?.. {Y,atr. S,ti",J:i?.i .. :I ?,I' . , Ka ? J Y `' ?1 ? ' : ? ' ' ?6 ! ', :RJ'. i c .F j kr ,t .I ` . 1_ , f . : C F. : ! ? ? . ' yy ? {{ f • ! J R i ' ` f° ? ? ', S I s . , ' t r • t , • '.;e, ti; . J i y . I ? 1 ` 1.., .'r ; "t r . ` ; s• ''1 e 1 r - Ir f 'A - t? ? r F ?J ,r• r :? .FJ !i^ "l ?, F [t: .. '. rj ., , , S • ' ' .r- IS;-'-!•?:: 1•a I.` 1 -Ft?. .l. '' •.F, .f ? ? ?f ?.. I. ` .: k?? I ? S ?i}? j?;j,ae' 'jr .1.' 0. '; ?•1>r :J, °I;•' .t' ' ' ' r •r .f, .{ .i} s i :4 ?,:} S .L I,. • iY. r . ..i.. re' (? ?,Y , l' F 1 r • . •I , f?Y i rA. r t F ?• ' . /. ? ` ? .t .>,.? oy?'y'r"if.': 'tr i"...;}?.L 'fr ((-??,lAt•s; ' ' ..? r?v+?l3_?.frl N.4a fli4.?.'?wM.''?..?,'i1',4?.•YR.'J.li-fi y?.•..Slrla,rn•lae.I?;;j9.Ie „A •`d ` = .F j .l .. .t .i. •r.k, '1 ? I +? ,'??? COMBINED. DEBT SERVICE' REQUIREMENTS r.• Set Earth below are,the amounts of principal and interest an the. Series .'1991 Bondsand the'' Series 1994h- Bonds and thercambined debt 'service of 'each in the bond years' indicated. Band Year' t ; Ending. Series 1991 'Bonds Series-1994A Hands Combed' ' Sept. 1- Principal ,''Interest Principal Interest-, Aebt Service " : , 1995 _ i . ' 19 96 . 1997 1999 2000 2001 r 2002 2003 : - f 2005 :i. 5 F • : J ' ' 2006 = . 6 2007: ft; 20013- 2009. ;r 2010 '1 t3 4 '201'1 "' ? • :2012" 2013, - '2014• .. .. ' , ? ` •r I; ? `J' - ? ::??? t . 2015 fr ; Y , 2 017 2018 ; 2019 :. } '. ;2020 ? , ' " ? -` ; 2021. '?, ! , - ei :? ?. r.. ' € ' •, r - 2022: 2023 • ,2021 .. , , tr , , ,+,Tyt f J , _ e f t? ` . Total f F f?n F # I'J. F . ? Bf I' 2 6: ? __ -_ • S• :Sy " . .A.'..{?' .{....' 3.^..ll ii?_ ?i ?ll-utiaC e F?.F?3.ikf X31 ?:A? 1{{,, } y,. JI? ti,.r'{ry lr •? j.,i./r?., •, 1: t4?•. ?`ri'? 7's qty. .. •; r r , p... • E'.. 'y`t: 1 HISTORICAL COVERAGE OF MAXIMUM DEBT SERVICE BY NET REVENUES Fiscal Year Ending 1991 1992 199.3 Gross Revenues (1)" $9,865,958 $11,586,605 $12,562,105 Cost of operation and Maintenance (1) 7,977,703 811161051 9,364,981 Net Revenues 1,888,255 3,470,554 3,197,124 Projected Maximum Annual Debt Service (2) 1,250,313 1,250,313 1,250,313 Coverage of Projected Maximum Annual Debt Service by Net Revenues 1.51x 2.78x' 2,56x (1). C ty of C earwater, Annual Financial Reports (Audited) (2) Assumes $8,180,000 in par amount of Series 1994A Bonds at 6.64% true interest cost. RATINGS Moody's Investors Service, Inc. and Standard r? Poor's Corporation have assigned the Series 1994A Bonds ratingL- of and , respectively. 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 1994A Bonds. If the successful purchaser in the-competitive bidding on,the Series 1994A Bonds elects to cause the Issuance of the Municipal Bond Insurance Policy referred to herein, then standard & Poor's Corporation and Moody's Investor Services, Inc. will assign their municipal bond ratings of "AAA" and "Aaa", respectively, to the Series 1994A Bonds with the understanding that upon delivery of the Series 1994A Bonds, a policy insuring the payment when due of-the principal of and interest on the Series 1994S Bonds will be issued by For any additional description of ratings and their meanings, Moody'+s Investors Service, Inc. and Standard & Poor's '. Corporation should be contacted. LEGALITY Certain legal matters in connection with the issuance of the Series 1994A 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 1994A Bonds. The proposed form of such opinion of Bond Counsel is attached to this Official, Statement as Exhibit D. Certain legal matters will be passed upon for the city by Alan 2immet, Esquire, Interim City Attorney. TAX EXEMPTION The Internal Revenue Code of 19B6, as amended (the "Code") establishes , certain requirements which mist be met subsequent to the issuanco and delivery of the Series 1994A Bonds in order that interest on the Series 1994A Bonds be and remain excluded from gross income for purposes of federal income taxation. Non- compliance may cause interest on 'the Series 1994A Bonds to be included in federal gross income retroactive. to the date of issuance of the Series 1994A Bonds, regardless of the date on which such non-compliance occurs or is ascertained. These requirements include, but are nct limited to, provisions which prescribe yield and other limits within which the proceeds of the Series 1994A Bonda'and .the other amounts are to be invested and require that certain investment earnings 21 Tk + ' I '3 + f J • on the foregoing must be rebated on a periodic basis to the Treasury Department of the United States. The City hras•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 1994A Bonds. In the opinion of Bond Counsel, assuming compliance with the aforementioned covenants, under existing laws, regulations, judicial decisions and rulings, interest on the Series 1994A Bonds is excluded from gross income for purposes of federal income taxation. Interest on the Series 1994A Bonds is not.an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals or corporations; however, interest on the Series 1994A Bonds may be subject to the alternative minimum tax when any Bond is held by a corporation. The alti?rnative minimum taxable income of a corporation must be increased by 75% .of the excess of such corporation's adjusted current earnings over its alternative minimum taxable income (before this adjustment and the- alternative tax net operating loss deduction). "Adjusted' Current Earnings" will include interest on the Series 1994A Bonds. The Series 1994A Bonds are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Except as described above, Bond counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on,' or disposition of Series 1994A Bonds. Prospective purchasers of Series 1994A Bonds should be aware that the ownership of Series 1994A Bonds may result in collateral federal income tax consequences, including (i) the denial of a' deduction for interest on indebtedness incurred or continued to purchase or carry, Series 1994A Bonds, (ii) the reduction of the loss reserve deduction for property and casualty insurance companies by 15% of certain items, including interest on the series 1994A Bonds, (iii) for taxable years beginning before January 1, 1996,' the inclusion of. interest on Series 1994A Bonds in "modified alternative minimum taxable income" for purposes of the environmental tax imposed on corporations, (iv) the inclusion of interest on the Series 1994A Bonds in earnings of certain foreign rorporations"do:ng business in the'United States for purposes of a branch pro`ri,ts tax, (v) the inclusion of interest on Series 1994A Bonds in passive income subject to federal income taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close of the taxable year, and (vi) the , inclusion of interest on the Series 1994A 'Bonds in "modified adjusted gross income" by recipients of certain Social Security and Railroad Retirement benefits for purposes of determining whether such benefits are included in gross'income for federal income tax purposes. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIF'S 1994A BONDS AND THE RECEIPT OR ACCRUAL OF THE, INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR -CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. During recent years legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain- federal tax consequences resulting from the ownership of obligations that are similar to the Series 1994A Bonds. In some cases these proposals have. contained provisions that altered these, consequences on a retroactive basis. such alteration of federal tax ,consequences may have affected the market value of, obligations similar to the series 1994A Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting' from ownership of Series 1994A 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 ELh adverse effect- upon, the series 1994A Bonds. 22 4 r on the foregoing must be rebated•on a periodic basis to the Treasury Department of the United States. The City has covenanted in the ordinance to comply with such requirements in order to maintain the exclusion-from federal gross income of the interest on the Series 1994A Bonds. In the opinion of Bond Counsel, assuming compliance with the aforementioned covenants, under existing laws, regulations, judicial decisions and rulings, interest on the Series 1994A Bonds is excluded from gross income for purposes of federal income taxation. Interest on the Series 2994A Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals or corporations; however, interest on the Series 1994A Bonds may be subject to the alternative minimum tax when any Bond is held'by a corporation. The alternative minimum taxable income of a corporation must be increased by 75% of -the excess of such corporation's adjusted current earnings over its alternative minimum taxable income (before this adjustment and the alternative tax net operating loss deduction). "Adjusted Current Earnings" will include interest on the Series 1994A Bands. The Series 1994A Bonds are exempt from all present intangible personal property, taxes imposed pursuant to Chapter 199, Florida Statutes. Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual - of interest on, or disposition of Series 1994A Bonds. Prospective purchasers of Series 1994A Bonds should be aware that the ownership of Series 1994A Bonds may result in collateral federal income tax consequences,. including (i) the denial of a deduction for interest on indebtedness incurred or continued to purchase or carry Series 1994A Bonds, (ii) the reduction of the loss reserve deduction for property and casualty insurance companies by 15% of certain items, including interest on the Series 1994A Bonds, (iii) for taxable years beginning before January 1, 1996, the inclusion, of interest on series 1994A Bonds in "modified alternative. minimum taxable income" for purposes of the environmental tax imposed on corporations, (iv) the inclusion of interest on the series 1994A Bonds in earnings of certain foreign corporations doing business in the United states for purposes of a branch pro::its tax, (v) the inclusion of interest on Series 1994A Bonds in passive income subject to federal income taxation of certain Subchapter.S corporations with Subchapter 'C earnings and profits at the close of the taxable year, and (vi) the inclusion of interest on the series 1994A Bonds .in "modified adjusted gross income" by recipients of certain Social Security and Railroad Retirement benefits for purposes of determining whether such benefits are included in gross income for federal income tax purposes. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 1994A BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND, CORPORATE BONDHOLDERS. PROSPECTIVE, BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS rOR INFORMATION IN THAT REGARD. During recent years legislative proposals have been introduced in Congress, and, in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 1994A Bonds. In some cases these proposals have contained provisions that altered these consequences on a retroactive basis. Such alteration of federal tax consequences may have affected the market value of obligations similar to the Series 1994A Bonds. From time to time, legislative proposals are pending which _ could have an effect on both the federal 'tax consequences resulting from ownership-of Series 1994A 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 Serien 1994A Bonds. 22 I M: 45 9 d' 1 A UNDERWRITING The Series 1994A Bonds are being purchased by the Underwriters from the City at an aggregate purchase price of $ (the face amount .of the Series 1994A Bonds less underwriter's discount [and original issue discount on certain of the Series 1994A Bonds)), plus accrued interest on the'Series 1994A Bonds. The Underwriters are jo.tntly and severally obligated to purchase all the Series 1994A Bonds if -any are purchased. Following thoa initial public offering, the public offering prices may, be changed from time to time by the Underwriters. ;The Series 1994A Bonds may be offered and sold to certain dealers .(including underwriters and other dealers depositing such Bonds into investment trusts) and others at prices lower than the public offering prices set forth on the cover page of this official Statement. ENFORCEABILITY OF RMIEDIES The remedies available to the owners of the Series 1994A Bonds under the ordinance (and the policy of municipal bond insurance referred to herein, if any) are in many respects dependent upon judicial actions which are often,subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically Title 11 of the United States Code, the remedies specified by the Federal Bankruptcy Code, the ordinance and any policy of municipal bond insurance referred to herein may not be readily available or may be limited. The various legal opinions to lie delivered concurrently with the delivery of the Series 1994A Bonds ,(including Bond Counsel's approving opinion) will be qualified, as to the enforceability of the various legal instruments, by limitations imposed by bankruptcy, reorganization,. insolvency, or other similar laws affecting the rights of creditors or by such principles of equity as the court having jurisdiction may impose with respect to certain remedies which require or may require enforcement by a court of equity. LITIGATION There is no litigation or controversy of any nature now pending or threatened,(i) to restrain or enjoin the issuance, sale, execution or delivery of the Series 1994A Bonds or (ii) in any way questioning or affecting the validity of the Series 1994A Bonds, the ordinance, any proceedings of the City taken with respect to the authorization, sale or issuance of the Series 1994A Bonds or the pledge or application of any moneys provided for the payment of the Series 1994A Bonds, including the Net Revenues of the System. The City is a party from time to time in variOUB law suits involving the City generally, and believes that none of the actions currently pending will have a material effect upon the'finances of the City or of the System. GENERAL PURPOSE FINANCIAL STATEMENTS The excerpts from the General Purpose Financial Statements and other information of the City for the fiscal year ended September 30,' 1993, 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 performed any services relating to, and are therefore not associated with, the issuance of the Series 1994A Bonds. FINANCIAL, ADVISOR The City has retained Raymond James & Associates, Inc., St. Petersburg, Florida, as financial advisor (the "Financial Advisor") to the City in connection with the preparation of the City's plan of financing and with respect 'to the 23 A authorization-and issuance of the Series 1994A Bonds.' Although•the Financial Advisor assisted in the preparation of this official statement, the Financial' Advisor has not undertaken to make an independent verification or to'assume responsibility for the accuracy, completeness or fairness of the information contained in this official Statement. MISCELLANEOUS -' ' All information included herein has been provided by, the City, except, where ' ` attributed to other sources. The summaries of and references:to all documents, statutes, reports and other instruments referred to herein do not purport; to be cbmp'lete, 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 Ruch documents referxed.to herein are on idle with the City Clerk of the City at 112 South Osceola Avenue, Clearwater, Florida 34616. The information herein has•been compiled from official and other sources 'and, while' not' guaranteed by the City, is believed to be correct. As far as any statements made in this official Statement and the appendices attached hereto involve matters of-opinion or of estimates, whether or not.expressly stated, they are'set forth as such and not as representations of fact and no representation 'is made that any of the t?atimates will be realized. AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT ; 'The delivery of this official Statement has been authorized by the City , Commission. Concurrently with 'the delivery of the Series '1994A Bonds,' the undersigned will furnish their certificate to the.effect that, to the beat of ' not as. their knowledge, this Official statement did not as of its date, and does of the date of delivery ot: the. Series 1994A 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 nece'ssary.in order to make the statements contained therein,, in the light of the eircumstances.in which they were made,,not misaloading. CITY Of CLEARWATER, FLORIDA By: Mayor-commissioner.. By: City Manager • J:IaQHOS1405T1fa05h2?7/7ff?diGCiJ?Ii - ' 24 ?, •3 ...f t'. % • . 'i . a f4?y'yj• Y •1• i,?N 0 c; ,'_• ff'.i•'r',•r'i7 5;•AJ,{!i:AiA's s 2E?.-?$ f'r .?. .r, 1 - .•¢ r..,:, y,r. .lt .: IF Sr .•f..E?rr. rJ•F ' J •,. r .t '. ` .. - a ? •? l -' ? Jam, f. •• - ? ? '?L '?j'??^,1'=';5? S?.l r:. ? ? I' i ;(;',j F' .. , r ? > r /J)f, ?'?.I l??•?: ??,ja ???rr ..3. •?? ??? r ? J .. ,r T.- ...•' .r'? , •'' r ra h ,r.r' 'E ? a: •r <. r•' ;.tr 4t?IM 9'i Yr •{7''s, I'•I .. 'i ,?s.Y? `r1?1? ,t', a"^; .. •t .r( ? ,. ?+.1?. r ..a. .t? A j? +•??' 3t, , _ fir. •r.' I .. .l. ? f7?? ;•!,' ?: "^ .2.:' t • ?, r ;r , a .. .. .. < r. :?E .?.> s , e :-ts,"4-m'.' i' ? P.. g;(>,•? t ft,W yiY,L}J''l.I;. ,°3'%e _Ttf"t? ., ,?c<?]"':'s?., r'cd'r!`•t Y. ?•v-cY •. ?` ... .. ?-?3?' i ? l' • •F:? ? ? ? . ? ? - r `. ... ? ? ,' ', ? r .. .. r.Y •, .. ''fir Dlr. ', r[ • .? r r ?? ?? ? r 1 ,'';1?. ITEM '.;T' ,t 'I Ip ; • , J??? I I •' ,? ` 'r • ? F F SJ•. Y,^ F ''x • , ?a .' ? r `, ' .. ; ' ? - ? ? e. ` ? s• ? j,? lid 'Y'•L ? ;7, ? ,E?,' f E ?,r, .. ? .! ?? ?t' •'r.. .r. :?? rho. ',',?? r F?,,?+tv i ?7'f J(• ')°• f ^ yr' r;,,} r'?? X S Al;r item Clearwater City Commission Meeting Date: Agenda Cover Memorandum ?+rE 15. SUBJECT: Issuance of Municipal Services/Public Safety and Police Complex Revenue Bonds - Ordinance No. 5659-94 RECOMMENDATXON/MOTION: Pass on first reading Ordinance No, 5659-94 providing for the issuance of not exceeding $12,500,000 Improvement Revenue Bonds•to paya portion of the cost of the Municipal services/Public Safety and Police Complex 0 andthat the appropriate officials be authorized to execute same. BACKGROUND: The accompanying ordinance has been prepared by bond counsel and reviewed by our-financial advisor and City staff. It provides for the ability to-issue bonds necessary to pay a portion of, the cost of the Municipal Services/Public Safety and Police Complex. The'City will file proceedings to validate these bonds in order to confirm compliance with the Article IX of the.City Charter related to the issuance of revenue bonds for public health, safety or industrial development. Should these bonds fail to be validated by the courts, the city has the option of -going to'public referendum or paying for the project from other funds. Current plans are to repay the bonds over 30 years. A pledge of Public Service Tax revenues will be used to secure payment of the principal 'and interest on the bonds. it is the intent of the City, following the validation hearing expected in late September, that this issue will, be sold at competitive public sale tentatively scheduled for the week of November 28th. f Reviewed by: originating Dept: Costs: Commission Action: Legal, Budget o0 5/Finance Total' ? Approved Purchasing N A `?`1 ? Approved k/conditions Risk Mgmt. - /A User Dep : Current Fiscal Yr. ? Denied cis ACM N ACM ? continued to: Other Funding Source: ? Ca ital Im p p. Advertised: 17 operating Attachments: Date: ? Other Timetable Paper: ordinance No 5659.94 ? . Not Required Submitted by: Affected Parties 13 Notified Appropriation Code: ? None _0 Man ?qr 13 Not Required ----^-------JUL? 12-' 94 TUE 14:33 1 D : RJA PUBLIC FINANCE FAX Np : 813.573-8315 9494 P02 . • City of Clearwnter, Florida Municipal•Services/Public Safety & Police Complex Improvement Revenue Bonds, Series 1994 PRELTMiNARY TIMETABLE ME. S tit; T w T F s 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 - 13 16 17 1e 19 20 21 22' •23 24 25 26 27 29 29 30 31 . OCL 5 R1 T w T 'F 9 1 2 3 4 3 6 7 9 9 10 - 11 12 13 14 15 16 . 17 18 19 20 21. 22 23 24 25 26 27 29 29 30 33 NOV. Dec. S t11 T w T F ' S S dt T W T F 5 1 2 3 4 3 1 2 3, 6 7 a 9 10 At 12 4 3' 45 7 a 9 10 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 17 20 21 22 23 24 27 38 29 30 25 26 27 28 '29 30 31. F?? ACTION 1tE SJ'ONSIBLE June 9 First Drag of Bond Ordinwice BC June 20 Conference Call to Discuss Continents on Bond Ordinance All June 23 Distribute Revised Bond Ordinance BC June 27 Submit Documents to City for First Reading of Ordinance aC July 6 First Draft of Preliminary Official Staltanent DC July 6 Submit Documents to Bond InstirerslR.?ting Agencies FA July 20 r Receive Comments on Documents From Rutting Agencies/ . • FA insurers August 4 City Contlnission Meeting for First Reading of Ordinance All August 18 City Commission Meeting For Second Reading of Ordinance All - ' r Vi- August 22 File for Validation f All _ : September 6 First Draft of Resolution to Authorize Printing and Publishing DC ,:• . - September 19 Comments Due on Resolution ,e,Jl '.tk .C r. V 444-y r ' r t 1 ORDINANCE NO. 5659-94 AN ORDINANCE OF THE CITY OF CLEARWATER,, FLORIDA • PROVIDING FOR THE ACQUISITION AND'. CONSTRUCTION OF A MUNICIPAL SERVICES/PUBLIC 'SAFETY AND POLICE COMPLEX FOR THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR THE ISSU- ANCE-OF NOT EXCEEDING $12,504,000 IMPROVEMENT REVENUE BONDS, SERIES 1994 (MUNICIPAL SERVICES/PUBLIC 'SAFETY AND POLICE COMPLEX PROJECT), TO PAY A PORTION OF THE COST OF SUCH 1994 PROJECT; PLEDGING A JUNIOR AND SUBORDINATE LIEN. 'UPON THE CITY'S PUBLIC SERVICE TAX TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING,FOR THE. RIGHTS OF , THE HOLDERS OF. SUCH BONDS; PROVIDING FOR THE PAYMENT 'THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY 'OF CLEARWATER, FLORIDA, as follows: SECTION 1. AUTHORITY FOR THIS _ORDINANCE;_ ORDINANCE TO BE SUPPLEMEN'T'AL. 'This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act" ) . 5 . SECTION 2. DEFINITIONS. The following terms in this Ordi- nance shall have the following meanings unless the text otherwise expressly requires: .f "Additional Parity obligations" shall mean additional obli- gations issued in compliance with the terms, conditions and limitations contained herein and which shall have an equal-lien upon the Revenues, and rank equally in all respects with the 1994 Bonds. "Amortization Installments" with respect to any Term Bonds of a series, shall mean an amount so designated which is established for the Term Bonds of such series, provided that (i) each such installment- shall be deemed to` be due on such interest or principal maturity date of each applicable year as is fixed by subsequent ordinance or resolution of the Issuer and shall be a multiple of $5,000, and (ii) the aggregate of such installments for such series shall equal the aggregate principal amount of Term Bonds of such series authenticated and delivered on original issuance. M,' •r s l? 1 T ? ."Authorized Investmentsll shall mean any investment authorized under applicable Florida and United states law. "Bond Registrar" or "Registrar" shall mean the officer of the Issuer or the bank or trust company which the Issuer may from time to time designate to perform the duties herein set forth for the Registrar of the 1994'Bonds. "Bond Service Requirement" for any Fiscal Year, as applied to the Bonds of any series, shall mean the sum of: (1) The amount required to pay the interest becoming due on the Bonds of such series during such Fiscal Year,.except to the, extent that such interest shall have been provided by payments into the Sinking Fund out of bond proceeds for a specified period of time. (2) The amount required to pay the principal of Serial Bonds of such-series maturing in such Fiscal'Year. (3)' The Amortization Installment for the Term Bonds of such series for such Fiscal Year. In computing the Bond Service Requirement for any Fiscal Year, the Issuer shall assume that an amount of the Term Bonds of such series equal to the Amortization Installment for the Term Bonds of such series for such Fiscal Year will be retired by purchase or redemption in such Fiscal Year. When determining the amount of principal of and interest on the Bonds which mature in any year, for purposes of this ordinance or the issuance of any Additional Parity obligations, the stated maturity date of Term Bonds shall be disregarded, and the Amortization Installment, if any, applicable to Term Bonds in such year shall be deemed to mature in such year. "Bonds" shall mean the 1994 Bonds and all Additional Parity Obligations.- 111994 Bonds" shall mean the obligations of the Issuer authorized to be issued pursuant to Section 5 of this Ordinance. "Capital Appreciation Bonds" shall mean the aggregate prin- cipal amount of the Bonds that bear interest payable solely at maturity or upon redemption prior to maturity in the amounts determined by reference to the Compounded Amounts, all as shall be determined by subsequent resolution of the Issuer. In the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Code" shall amended, and the proposed. mean the Internal Revenue Code of 1986, as regulations and rules thereunder in effect or 2 r n ? e I "Compounded Amounts"' shall mean, as of the date of computation with respect to any capital Appreciation Bonds,'an amount equal to the principal amount of such Bonds (the principal amount at the date of issuance) plus the interest accrued on such Bonds from the date of original issuance of such Bonds to the Interest Payment Date next preceding the date of computation or the date of computation if an Interest Payment Date, such interest to accrue at an-interest rate per annum of the Capital Appreciation Bonds, as set forth in the resolution awarding the sale of such Bonds, compounded on the interest payment dates of'each year, plus, with respect to matters related to the payment upon redemption of such Bonds, if such date of computation shall not be an Interest Payment Date, a portion of the difference between the Compounded Amount as of the immediately preceding Interest Payment Date (or the date of original issuance if the date of computation is prior to the•first Interest Payment Date succeeding the date of original issuance) and the Compounded Amount as of the immediately succeeding Interest Payment Date, calculated based on the assumption that the Com- pounded Amount accrues during any period in equal daily amounts on the basis of a year of twelve 30-day months. A table of Compounded Amounts for the Capital Appreciation Bonds shall be incorporated in the resolution'awarding the sale of any Capital Appreciation Bonds, "Credit Facility" or "Credit Facilities" shall mean either individually or collectively, as appropriate, any bond insurance policy, surety bond, letter of credi,t,'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. "Current Interest Bonds" means the aggregate principal amount of Bonds that bear interest payable semiannually on such dates as determined by subsequent resolution of the, Issuer adopted on or prior to the sale of the Bonds. "Federal Securities" shall mean direct obligations of the United States of America and obligations the principal. of and interest on which are fully guaranteed by the United States of America, none of which permit redemption prior to maturity.at the option of the obligor, and interest on obligations of the Resolution Funding Corporation. "Fiscal Year" shall mean the period commencing on October 1 of each year'and continuing to and including the succeeding September 30, or such other annual period as may be established by law as the Issuer's fiscal year. 3 "Holder of Bonds" o`r,"Bondholders" or any similar term shall mean 'any person who shall be the registered owner ("Registered Owner") of any registered 1994 Bond, as shown on the Bond Register. The Issuer may deem and treat the person in whose name any 1994 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. "Maximum Bond Service Requirement" shall. mean, as of any particular date' of calculation, the greatest amount of aggregate Bond Service Requirement for the then.current or any future Fiscal Year. "Ordinance! shall mean this ordinance of the Issuer as here- after amended and supplemented from time to time , in accordance with the provisions hereof. "Outstanding" or "Bonds Outstanding" means all Bonds which have been issued pursuant to this Ordinance, except: (1) Bonds' canceled after purchase in the open market or because of payment at or redemption prior to maturity; (2)• Bonds for" the payment or redemption of which cash" funds or Acquired obligations or any combination-thereof shall have been theretofore irrevocably set aside in a special account with an Escrow Agent (whether upon or prior to the maturity or redemption date of any such Bonds) in an amount which, together with earnings on such. Acquired Obligations, will be sufficient to pay the principal of and interest on such Bonds at maturity or upon their earlier redemption; provided that, if such Bonds are to be redeemed before the maturity thereof, notice•of such redemption shall have been given according to the requirements of this ordinance or irrevocable instructions directing the timely publication of such notice and directing the payment of the principal of and interest on all Bonds at such redemption dates shall have been given to the Escrow Agent; and (3) Bonds which are deemed paid pursuant to this ordinance or in lieu of which other Bonds have been issued under Sections 8 and 9 hereof. "Paying Agent" shall mean the officer of the Issuer or the bank or trust company which the Issuer may from time to time designate to serve as paying agent. 1 "Pledged Funds" shall mean (1) the Public Service Tax and (2) until applied in accordance with the provisions of this Ordinance, all moneys, including investments thereof, in the funds and accounts established'hereunder,.other than the Rebate Fund.' 4 "Prior Bonds" shall mean the remaining bonds. outstanding of the Issuer's $640,000 Capital improvement Revenue Bonds, Series 1984 issued pursuant to Ordinance No.'3804-84 and due to mature on November 16, 1994, and of the Issuer's $7,155,000 City of Clearwater, Florida Public service Tax and Bridge Revenue Bonds, Series 1985 issued pursuant to Ordinance No. 3932--85. "Public Service Tax" shall mean the taxes (formerly called "Utilities Services Tax") levied and collected within the area of the Issuer on the purchases of utilities services pursuant to Section 166.231, Florida Statutes, and Article 111, Public Service Tax, of Chapter 44 of the Code of Ordinances, City of Clearwater.. Notwithstanding the foregoing, the term "Public Service Tax'' shall only include the Public Service Tax which is legally available after all deposits have been made therefrom as required pursuant to the ordinances of the Issuer authorizing the Prior Bonds. "Registered Owners" shall mean those persons whose names and addresses appear on the registration books,' at the point in time when registered ownership is to be determined unless a contrary intent is clearly indicated by the context, maintained by the Bond Registrar. "Reserve Requirement" for each series of Bonds shall be as determined by subsequent resolution of the Issuer. The Reserve Requirement for the 1994 Bonds as subsequently determined shall not exceed the lesser of (i) the Maximum Bond Service Requirement of the 1994 Bonds, (ii) 125% of the average annual Bond Service Requirement of the 1994 Bonds, or (iii) 10% of the net proceeds of the 1994 Bonds. "Serial Bonds" shall mean the Bonds of a series which shall be stated to mature in annual installments. "State" shall mean the State of Florida. "Term Bonds" shall mean the Bonds of a series all of which shall be stated to, mature on one date and which shall be subject to retirement by operation of the Bond Amortization Account. SECTION 3. FIIdDI-UGG It is hereby found, determined and declared that: .(A) 'The Issuer plans to acquire, construct, operate and maintain a municipal services/public safety and police complex, a parking facility for the use of the tenants of the complex and related equipment (collectively, the "Project"). (B) The Pledged Funds pledged pursuant to the provisions of this Ordinance are not now pledged or encumbered in any manner, except for the prior lien of the Prior Bonds upon the Public Service Tax. 5 ,s, 1 ? (C), It is necessary and desirable to acquire, construct and equip, the. Project, as more particularly set forth in the plans. and specifications on file or to be on file with the City Clerk, -in order to preserve and protect the public health, safety and welfare of the inhabitants of the Issuer and to issue the 1994 Bonds to provide funds for such purposes. (D) A portion of the cost of such Project shall be paid from- the proceeds of the 1994.Bonds. (E) The principal of and interest on the 1994 Bonds and all required Sinking Fund, Reserve and other payments shall be payable solely from the Pledged Funds. The 1994 Bonds shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of. the faith, credit or taxing power of the Issuer, the State, or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida, nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem taxes on' any property to pay the principal of the 1994 Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the Issuer except from the Pledged Funds, in the manner provided herein. The 1994 Bonds shall not constitute a lien upon any property of the Issuer, but shall constitute a lien only on the Pledged Funds in the manner provided herein. (F) The estimated Pledged Funds to be received by the Issuer will be sufficient to pay all principal of and interest on the 1994 Bonds, as the same become due, and to make all required Sinking Fund, Reserve and other payments required by this Ordinance. SECTION 4. THE ORDINANCE TO CONSTITUTECONTEACT. In con- sideration of the acceptance of the 1994 Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. AUTHORIZATION OF 1294 BONDS AND PROJECT. Subject and pursuant to the provisions hereof, obligations of the Issuer to be known as "Improvement Revenue Bonds, Series 1994 (Municipal Services/Public Safety and'Police Complex Project)" herein defined as the 111994 Bonds" are authorized to be issued in the aggregate principal. amount of not, exceeding $12,500,000 to (i) finance a portion of the costs of the Project of the Issuer, (ii) make a deposit to the Reserve Account in the Sinking Fund in the amount necessary to satisfy the Reserve Requirement (or to purchase a debt 6 I] service reserve fund policy or surety, as determined by resolution of the Issuer adopted prior to the issuance of any series of 1994 Bonds) and (iii) pay the costs of issuance of the 1994 Bonds. The-Project is hereby authorized and expenditures from Pledged Funds and other legally available capital improvement funds are authorized to be made for costs of the Project, which costs so paid subsequent to the adoption hereof but prior to issuance of the 1994 Bonds or as otherwise authorized hereby, are to be reimbursed from proceeds of the 1994 Bonds. SECTION 6. DESCRIPTION OF 1994 BONDS. The 1994 Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds and/or Current Interest Bonds; shall be dated; shall be numbered, shall be in the denomination of $5,000 each or integral multiples thereof for the Current Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or in such other denominations as shall be approved by the Issuer in a subsequent resolution prior to the delivery of, the 1994 Bonds; shall bear interest at a fixed ,or floating rate not exceeding the maximum rate allowed by law, such interest to be payable semiannually on such dates and in such years and-amounts; and shall mature on such dates and in such years, and in such amounts all as shall be fixed by resolution or ordinance of the Issuer adopted prior to, the delivery of the 1994 Bonds. 'The 1994 Bonds are to be issued in one or more series,' from time to time, either as construction or completion bonds, and if issued in more than one series, each series is to be separately designated as determined by resolution of the Issuer adopted prior to the issuance of any such series of 1994 Bonds. The 1994 Bonds shall be payable with respect to principal (and Compounded Amount in the case of Capital Appreciation Bonds) upon presentation and surrender thereof on the date fixed for maturity or redemption thereof at the office of the Bond Registrar; shall be payable in any coin or currency of the United States which at the time of payment is legal tender for the payment of public or private debts; and shall bear interest from such date, but not earlier than the date of the 1994 Bonds, as is fixed by subsequent resolution or ordinance of the Issuer, payable in accordance with and pursuant to the terms of the 1994 Bonds. Interest on the 1994 Bonds which are Current Interest Bonds shall be paid by check or draft mailed to the Registered owners, at their addresses as they appear on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date for the 1994 Bonds (the "Record Date"), irrespective of any transfer of the 1994 Bonds subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in the payment of interest due on such interest payment date. In the event of any such default, such defaulted interest 7 i." y ` f shall be payable to the Registered Owners at the close of business on a special record date for the payment of defaulted interest as established by notice mailed to the *persons in whose names such 1994 Bonds are registered at the close of business on the fifth (5th) day preceding the'date of mailing. Payment of interest on the 1994 Bonds may, at the option of any owner of 1994 Bonds in an aggregate principal amount of at least $1,000;0oo, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent'as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. If the date for payment of the principal of, premium, if any, or interest on-the 1994 Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday or legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The 1994 Bonds may be issued or exchanged for 1994 Bonds in coupon form, payable to bearer, in such form and with such attri- butes as the Issuer may provide by supplemental resolutions, upon, receipt of an opinion from a nationally recognized bond counsel that such issuance or exchange will not cause interest on. the 1994 Bonds to be includable in gross income of the Holder for federal income tax purposes. SECTION 7. EXECUTION OF BONDS. The 1994 Bonds shall be executed in the name of the Issuer by its City Manager,.counter- signed by its Mayor-commissioner, and attested by its City Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The 1994 Bonds shall be approved as to form and legal sufficiency by the City Attorney of the Issuer. The' facsimile signatures' of such officers may be imprinted or reproduced on the 1994 Bonds. The Certificate of Authentication of the Bond Registrar, hereinafter described, shall appear on the 1994 Bonds, and no 1994 Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this ordinance unless such certificate shall have been duly executed on such 1994 Bond. The authorized signature for the Bond Registrar shall at all times be a manual signature. In case any officer whose signature shall appear on any 1994 Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Any 1994 Bonds may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution.of such Bonds shall hold the proper office with the Issuer, although ,a4 g at the date of enactment -of this ordinance such person may not have held such office or may not have been so authorized. SECTION S. EG AB LITY AND REGISTRATION. (A) NEGOTIABILITY. The 1994 Bonds shall be and shall have all of the qualities and incidents of negotiable instruments under -the Uniform Commercial Code - Investment Securities of the State of Florida, and each successive Holder, in accepting any of?the 1994 Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code Investment Securities of the State of Florida. (B) REGISTRATION AND TRANSFER. There shall be a Bond Regis- trar for. the 7.994 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 respons- ible for the transfer and exchange of the 1994 Bonds. The Issuer shall, prior to the proposed date of delivery of the 1994 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 compli- ance 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 1994 Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of the parties thereto. The 1994 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 1994 Bonds, along with the social security or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any 1994 Bond shall be effective until entered an the registration books maintained by the Registrar. In all cases of the transfer of the 1994 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 1994 Bond or 1994 Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the Registered Owner is entitled to receive at the earliest practicable time in accordance with the provisions of this ordinance. Any 1994 Bond or Bonds shall be exchangeable for a 1994 Bond or Bonds of the same maturity and interest rate, in any authorized denomination, but in a prin- cipal amount equal to the unpaid principal amount of the 1994 Bond or.Bonds presented for exchange. Bonds to be exchanged shall be surrendered at the principal office. of the Registrar, and the 9 t .Registrar shall deliver in exchange therefor the 1994 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 1994 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 1994 Bond shall be delivered. All 1994 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 1994 Bonds presented for transfer, exchange, redemption or payment (if so required by the Issuer), shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Issuer and the Registrar duly executed by the Registered owner or by his duly authorized attorney. SECTION 9. BONDS _MUTILATEDI__DESTROYED, STOLEN OR MOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the 'Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated'Bond,upon surrender and cancellation of such mutilated. Bond or in lieu of and substi- tution for the Bond destroyed, stolen or lost,' and upon the Holder furnishing the Issuer proof of his ownership thereof and satisfac- tory indemnity and complying with such other reasonable regulations and .conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as afore- said,, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this, section shall' constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen. or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall. be entitled to equal and proportionate benefits and rights as to lien on the source and security for payment from the funds, as herein- after pledged, to the' same extent as all other Bonds issued hereunder. SECTION 10. BOOK --ENTRY SYSTEM. Notwithstanding the pro- visions of Sections 7, 'S and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the 1994 Bonds, elect to use an immobilization system or pure book--entry system with respect to issuance of such 1994 Bonds, provided adequate records will be 10 'i} kept with respect to 'the ownership of such Bonds issued in book--entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as ariy Bonds are outstanding in book-entry form the provisions of sections 7, 8 and 9 of this ordinance shall not be applicable to such 1994 Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series 1994 Bonds. SECTION 11. PROVISIONS FOR REDEMPTION. The 1994 Bonds shall be subject to redemption prior to their maturity, at the option of the Issuer, at such times and in such manner as shall be fixed by resolution of the Issuer duly adopted prior to or at the time of sale of the 1994 Bonds. Notice of such redemption will be given by the Registrar (who shall be the Paying Agent for the 1994 Bonds, or such other person, firm or corporation as may from time to time be designated by the Issuer as the Registrar for the 1994 Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the.Registered owner of each 1994 Bond to,be redeemed in whole or in part at the address shown on the registration books. Failure to gave 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 1994 Bonds or portions thereof so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any 1994 Bond for redemption in part only, the Issuer shall issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered Owner, a new 1994 Bond or 1994 Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. Whenever any 1994 Bonds shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such 1994 Bonds shall be canceled and, upon request of the Issuer, destroyed by the Bond Registrar. Counterparts of the certificate of destruction evidencing any such destruction shall be furnished to the Issuer. SECTION 12. FORM OF THE 1994 BONDS. The text of the 1994 Bonds shall be in substantially the following form with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this ordinance or by any subsequent ordinance or' resolution adopted prior to the issuance thereof: 11 y' V? s Af '? - . - r r t . (Form of 1994 Bond) No. $ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER IMPROVEMENT REVENUE BOND, SERIES 1994 (MUNICIPAL SERVICES/PUBLIC SAFETY AND POLICE COMPLEX PROJECT) Dated to o t est Maturity Date Cusip Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida (hereinafter called ."City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered. assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such'revenues, interest on said sum from the Dated Date of this Bond or from the most-recent interest payment date to which interest has been paid, at,the rate of interest per annum set forth above until payment of such sum, such interest.being payable .' F and semi- annually thereafter on the first day of and the first day of of each year. The principal of and premium, if any, on this Bond are payable upon presentation and surrender here- of on the date fixed for maturity or redemption at the principal office of (the "Paying Agent") in Florida, or' at the office designated for such payment of any successor thereof. The interest on this Bond, when due and payable, shall be paid by check or draft mailed to the person in whose name this Bond is registered, at his address as it appears on the books and records of the Bond Registrar, at the close of business on the 15th day of the month.(whether or not a business day) next preceding the interest payment date (the "Record, Date"), irrespective of any transfer of- this Bond subsequent to 'such Record Date and prior to such interest payment date, unless, the City shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is- registered at the close of business on-a special record date for the payment. of defaulted interest as established by notice mailed by the Registrar to the Registered Holder of the Bonds not less than fifteen (15) days preceding such special record 12 a. .. I , i t.i r date. such notice shall -be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the 1994 Bonds may, at the option of any owner of Bonds in an aggregate principal, amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. This Bond is one of a duly authorized issue of Bonds in the aggregate principal amount of $ of like date, tenor and effect, except as to number, installments, maturity and interest rate, issued to finance a portion of the acquisition, construction and equipping of a Municipal Services/Public Safety and Police Complex for the Issuer, pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No. 5659--94, duly enacted by the Issuer on ; 1994, as amended and supplemented (hereinafter collectively called the "Ordinance"), and is subject to all the terms and conditions of such Ordinance. This Bond is payable solely from and secured by a lien upon and pledge of (1) the Public Service Tax, as levied and collected by the Issuer pursuant to Sections 166.231 and 166.232, Florida Statutes and Article III of the City charter of the Issuer, which lien shall be junior and subordinate to the lien thereon of the remaining bonds outstanding of the Issuer's (if Bonds are issued prior to November 16, 1994, $640,000 Capital Improvement Revenue Bonds, Series 1984 issued pursuant to ordinance No. 3804-84 and] .$7,1551000 City of Clearwater, Florida Public Service Tax and Bridge Revenue Bonds, Series 1985 issued pursuant to Ordinance No. 3932-85, and (2) until applied in accordance with the provisions of the Ordinance, all moneys, including investments thereof, in certain of the funds and accounts established by the Ordinance, all in the manner and to the extent described in the Ordinance (collec- tively, the "Pledged Funds") in the manner provided in the Ordinance. This Bond does not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, except from the Pledged Funds, in the manner provided herein. It is further agreed between the City and the Registered Holder of 13 .y this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien upon any property of the City, but shall constitute a lien only on the 'Pledged Funds in the manner provided in the. ordinance. (INSERT REDEMPTION PROVISIONS) Bonds in denominations greater than $5,000 shall be deemed to be an equivalent number of Bonds of the denomination of $5,000. In the event a Bond is,of a denomination larger than $5,000, a portion of such may be redeemed, but Bonds shall be redeemed only in the principal amount of $5,000 or any integral multiple thereof. In the event any of the Bonds or portions thereof are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Registrar (who shall be the paying agent for the Bonds, or such other person, firm or corporation as may from time to time be designated by the city as the Registrar for the Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Holder of each Bond to be redeemed in whole or in part at the address shown on,the regis- tration books. Failure to give such notice by mailing to any Registered Holder of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All. Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds, for their redemption are on deposit at the place of payment at that time. Upon surrender of any Bond for redemption in part only, the City shall issue and deliver to the Registered Holder thereof, the costs of which shall be paid by the Registered Holder, a new Bond or Bonds of authorized denominations in aggregate principal amount equal, to the unredeemed portion surrendered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the corporate trust office of the paying agent is located are autho- rized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on-the nominal date of payment. (To be inserted where appropriate on face of bond: "Reference is hereby made to the further provisions of this Bond'set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect as, if set forth on this side.") The City in the ordinance has covenanted with and for the benefit of the holder of the Bonds of this issue (i) that it will not repeal or adversely amend the ordinances levying the Public 14 Service Tax, so as to impair the power and obligations of the City to levy and collect said taxes, (ii) that it will levy and collect the Public Service Tax at rates not less than those currently in effect, (iii) that the pledge and covenants in the Ordinance constitute a contract between the city and the holders of the Bonds of this issue not subject to repeal, impairment or modification by the City or the Legislature of the State of Florida. The City has made certain other covenants for the benefit of the holders of the Bonds of this issue, for the terms of which reference is made to the Ordinance. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed prece- dent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions. This Bond is and, has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code - Investment Securities of the State of Florida. The Bonds are issued in the form of fully registered bonds without coupons'in denominations of $5,000 or any integral multiple of $5,000. Subject to the limitations and upon, payment of the charges provided in the Ordinance, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same maturity of, other authorized denominations. This Bond is transferable by the Registered Holder hereof in person or by his attorney duly autho- rized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and of authorized denomination or denomina- tions, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Holder of the Bonds to be trans- ferred or his attorney-in--fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer iden- tification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer-of a Bond, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or 15 a . r Bonds of authorized denominations of the same Maturity Date and Rate of Interest for the aggregate principal amount which the Registered Holder is entitled to recbive at the earliest practi- cable time in accordance with the provisions of the ordinance. The City or the. Registrar may charge the Registered Holder of such Bond for every such transfer or exchange of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax,' feet or other governmental charge required to be paid with respect to'such transfer or exchange, and may require that such charge be paid before any such new Bond shall be delivered. The City may deem and treat the.Registered Holder hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose.of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the ordi- nance until the certificate of authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF, the City of. Clearwater, Florida, has issued this. Bond 'and has caused the same to be executed by the manual or facsimile signature of its City Manager and countersigned by the manual or'facsimile signature of its Mayor-Commissioner, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by'the manual or facsimile signature of its City Clerk, as of the Dated Date. i CITY OF CLEARWATER, FLORIDA- (SEAL) City Manager Mayor--Commissioner ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Clerk City.Attorney 16 MONO" (7( iIt . t 1 Y CERTIFICATE-OF'AUTHENTICATION OF BOND REGISTRAR . This Bond is one of the Bonds of the issue described in the within=mentioned Ordinance. • B yAuthorized Signature, Date of Authentication VALIDATION STATEMENT This Bond is one of a series' of Bonds which were validated and confirmed by judgment of the Circuit Court for Pinellas. County, Florida, rendered on , 199 The following abbreviations, when used in"the inscription on -the face of the within Bond, shall be construed as though-they were written out in full according to applicable laws or regulations: TEN COM'--as tenants in common UNIF TRANSFERS TO MIN ACT - TEN ENT - as, tenants by the entireties (Gust.) JT TEN - as joint tenants Custodian for with right of sur-- (Mi.nor) vivorship and not as under Uniform Transfers to" tenants-in common Minors Act 'of • (State) Additional abbreviations may also be used though not in list'' above. 17 r i j V J ASSIGNMENT'S FOR VALUE RECEIVED, the undersigned (the."Transferor"), hereby sells, assigns and transfers unto (Please insert name and social 'Security or Federal Employer Identification number of. assignee) the within 'Bond 'and all rights thereunder, and',-hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on 'the books kept for registration thereofwith full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be NOTICE: No`transfer will be guaranteed by a member of the registered and no new'Bond-will New York Stock.Exchange or a. be issued, in the name of the commercial bank 'or a trust Transferee; ' unless the signa- company. ture(s) to. this' assignment corresponds with the name as.it appears upon 'the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of 'the Transferee is supplied. [End,of Form of Bond] 18 j ri 'Y SECTION 13. LEDG FU D . Until payment has been provided for as herein permitted, the payment of the principal of. and interest on the Bonds shall be secured forthwith equally and ratably by an'' irrevocable lien on the Pledged Funds prior and superior to all other liens or encumbrances on such Pledged Funds, subject only to the prior lien of the Prior Bonds upon the Public Service Tax, and the Issuer does hereby irrevocably pledge such Pledged Funds to the payment of the principal of and interest on the Bonds, the reserves therefor, and for all other required payments. The Pledged Funds shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. SECTION 14. APPLICATION OF 1994 BOND PROCEEDS. The proceeds, including accrued interest and premium, if any, received from the sale of any or all of the 1994 Bonds shall be applied by the Issuer as follows: (A) The accrued interest shall be deposited in the Interest Account in the Sinking Fund herein created and shall be used only for the purpose of paying interest becoming due on the 1994 Bonds. (B) To the extent the Issuer, by subsequent resolution elects to fund a Reserve Account by determining the Reserve Requirement, and unless provided from other funds of the Issuer on the date of issuance of any series of 1994 Bonds as set forth in Section 16(B) of this ordinance, a sum equal to the Reserve Requirement for the 1994 Bonds shall be deposited in the Reserve Account in the Sinking Fund, herein created and established for the benefit of the 1994 Bonds, and shall be used only for the purposes provided therefor, or, if determined by subsequent resolution of the Issuer, a sum equal to the premium of a debt service reserve fund policy or surety provided in satisfaction of the Reserve Requirement for such series of 1994 Bonds. (C) Unless paid or reimbursed by the original purchasers of the 1994 Bonds, the Issuer shall pay all costs and expenses in connection with the preparation, issuance and sale of the 1994 Bonds. (D) The balance of the 1994 Bond proceeds shall be deposited in the Construction Fund. SECTION 15. SPECIAL OBLIGATIONS OF ISSUER. The 1994 Bonds shall be special obligations of the Issuer, payable solely, from the Pledged Funds as herein provided. The 1994 Bonds do not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the 19 State of Florida.or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions.. Neither the State of Florida nor any political subdivision thereof nor.the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the 1994 Bonds, the interest thereon or other costs incident thereto, or (2) to pay the same from any other funds of the Issuer except from the Pledged Funds in the manner provided herein. The acceptance of the 1994 Bonds by the Holders from time to time thereof shall be deemed an agreement between the Issuer and such Holders that the Bonds and the indebtedness evidenced thereby shall not constitute a lien upon the 'Project, or any part thereof, or any other property of the Issuer, but shall constitute a lien only on the Pledged Funds, in the manner hereinafter provided, subject to the prior lien of the Prior Bonds upon the Public Service Tax. The Pledged Funds shall be immediately subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. The payment of the principal of and the interest on the Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Pledged Funds, as defined herein, and the Issuer does hereby irrevocably pledge such Pledged Funds to the payment of the principal of and the interest on the 1994 Bonds, for the reserves therefor and for all other required payments. SECTION 16. COVENANTS OF-THE-ISSUER. Subject to the provi- sions of Section 17 hereof, for as long 'as any of the principal of and interest on any of the Bonds shall be outstanding and unpaid, or until payment has been provided for as herein permitted, or until there shall have been set apart in the Sinking Fund, herein established, including the Reserve Account therein to the extent of the Reserve Requirement, a sum sufficient to pay when due the entire principal of the Bonds remaining unpaid, together with interest accrued and to accrue thereon, the Issuer covenants with the Holders of any and all Bonds as follows: (A) REVENUE FUND. After all payments required by the ordinance authorizing the issuance of the Prior Bonds have been made, all Public Service Tax, except the income from investments (hereinafter provided for), shall upon receipt thereof, be deposited in the "City of Clearwater Improvement Revenue Bonds, Series 1994, Revenue Fund's (hereinafter called the "Revenue .Fund"), hereby created and established. Such Revenue Fund shall constitute a trust fund for the purposes herein provided, and shall be kept separate and distinct from all other funds of the Issuer and used only for the purposes and in the manner herein provided, (B) SINKING FUND. There is hereby created and established a separate fund. to be designated "City of Clearwater Improvement Revenue Bonds, Series 1994 Sinking Fund" thereinafter called 2Q 1, "Sinking, Fund"). There. are also hereby created and established in the Sinking Fund four accounts to be known as the "Interest Account", "Principal Account",, "Reserve Account" and "Bond Amorti- zation Account". A separate subaccount shall be maintained in the Reserve Account for each series of Bonds. (C) DISPOSITION OF REVENUES. All Public Service Tax receipts at any time remaining on deposit in the Revenue Fund shall be disposed of on or before the fifteenth (15th) day of each month, commencing in the month immediately following the delivery of the Bonds only in the following manner and in the following order of priority: (1) Revenues shall first 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. (2) Revenues shall next be used for deposit into the Principal Account, in any bond year in which a Serial Bond matures, such sums as will be sufficient to pay one-twelfth (1/12) of the principal maturing on Serial Bonds in such year. (3) 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 Install- ment 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 resolution or ordinance, establish the amounts and maturities 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 Bonds 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 principal amount of investments 21 ?t r.' 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 Section 16(D) (1) hereof, 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 redemption or maturity of the Term Bonds. The resolution or ordinance establishing the Amortization Installments for any series or maturity of Term Bonds may limit the use of moneys to any one 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. (4) Revenues shall next maintain in each subaccount in to the Reserve Requirement, if each series of Bonds, which su therein from the proceeds of t funds of the Issuer. be applied by the Issuer to the Reserve Account a sum equal any; for any 'subsequent year on m shall initially be deposited he sale of the Bonds and other 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 1994 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 22 subaccounts in the Reserve Account after all required current payments for the Sinking Fund (including all deficiencies in prior payments to those Funds) have been made in full. Notwithstanding any provision of this 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 such series of Bonds. (S) 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 premium, if any, then due and thereafter to become due on such Bonds then Outstanding by operation of the Bond Amortization Account. (6) 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. (7) ' The Sinking Fund, the Revenue Fund, and all accounts therein and any other special funds herein established and created shall constitute trust funds for the purposes provided herein 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 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 23 Ii and used to pay matdring principal, Amortization Installments and interest on the Bonds. The cash required to be accounted f or in each of the foregoing funds and accounts may be deposited in a single bank account, and funds allocated to the various accounts established herein 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 herein provided. The designation and establishment of the various funds and accounts in and by this 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 herein provided. . (D) 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) Moneys in the Bond Amortization Account shall be used to purchase or redeem Term Bonds in the manner herein provided, and for no other purpose. The Issuer shall adjust the amount of the deposit into the Bond Amortization Account not later than the month immediately preceding any date for payment of an Amortization Installment so as to provide sufficient moneys in the'Bond Amortization Account to pay the Amortization Installments on the Bonds coming due on such date. Payments to the Bond Amortization Account shall be on a parity with payments to the Principal Account. (2) Amounts accumulated in the Bond Amortization Account with respect to any Amortization Installment (together with amounts accumulated in the Interest Account with respect to interest, if, any, on the Term Bonds for which such Amortization Installment was established) may be applied by the Issuer, on or prior to the sixtieth,(60th) day preceding the due date of such Amortization Installment (a) to the purchase of Term Bonds of the Series and maturity for which such Amortization Installment was established, at a price not greater than the Redemption Price at which such Term Bonds may be redeemed on the first date thereafter on which such Term Bonds shall be subject to redemption, or (b) to the redemption at the applicable Redemption Price of such Term Bonds, if then redeemable by their terms. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of 24 the Bond Amortization Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon'as practicable after the sixtieth (Goth) 'day preceding the due date of any' such Amortization Installment, the Issuer shall proceed to call for redemption on such due date, by causing notice to be given as' provided in Section 3.03 hereof,. Term Bonds of the Series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on an Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The Issuer shall pay out of the Bond Amortization Account and the Interest Account to the appropriate Paying Agents, on or before the'day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agents to such redemption (or payment). The Issuer shall pay from the Sinking Fund all expenses in connection with any such purchase or redemption. (E) OPERATION AND MAINTENANCE. The Issuer will maintain the Project and all parts thereof in good condition and will operate the same in an efficient and economical manner making such expendi- tures for equipment and for renewals, repairs and replacements as may be proper for the economical operation and maintenance thereof. (F) NO REPEAL OF PUBLIC SERVICE TAX ORDINANCES. The Issuer covenants with and for the benefit of the holders of the Bonds (i) that the Public Service Tax and the pledge of the proceeds thereof made in this Ordinance to the payment of the Bonds are, and shall continue, irrevocable until all Bonds are paid or provision for the payment thereof is duly made hereunder; (ii) that the provisions of the ordinances of the Issuer 'authorizing the imposition and collection of the Public Service Tax are confirmed.to and for the benefit of the holders of any of the Bonds, and the Issuer will not repeal such ordinances and will not reduce the rates of such taxes below the rates in effect on the date of this ordinance; (iii) that it will not issue any obligations payable from the money in the Revenue' Fund other than Bonds within the limitations and restrictions prescribed hereby, and will at all times maintain the Revenue Fund by paying into the Fund all proceeds, of taxes received, collected and derived under such ordinance, without deduction therefrom of any charge or expense for the collection or receipt thereof, and will at all times administer the same as provided herein, and will not use any money in the Revenue Fund for any purpose other than the purposes permitted hereby; and (iv) that it will punctually pay the Bond Service Requirement in each Bond Year. 25 (G) AMENDMENT OF PUBLIC SERVICE TAX ORDINANCES. The Issuer will not amend or modify the ordinances pursuant to which the Public Service Tax is levied, in any manner, so as to impair or adversely affect the power and obligation of the Issuer to levy and collect such taxes or impair or adversely affect in any manner the pledge of such taxes made herein or the rights of the holders of the Bonds. The Issuer will do all things necessary to ensure its eligibility to receive the Public Service Tax. The Issuer shall be unconditionally and irrevocably obligated, so long as any of the Bonds or the interest thereon are-Outstanding and unpaid, to levy and collect the Public Service Tax, at rates not less than those rates currently in effect. (H) PLEDGED FUNDS NOT SUBJECT TO REPEAL. The Issuer has full power -to irrevocably pledge the Pledged Funds to the payment of the principal of and interest on the Bonds, and the pledging of such Pledged Funds in the manner provided herein shall not be subject to repeal or impairment by any subsequent ordinance, resolution or other proceedings of the governing body of the Issuer or by any subsequent act of the Legislature of Florida. (I) ENFORCEMENT OF COLLECTIONS. The Issuer will diligently enforce and collect the Public Service Tax herein pledged; will take steps, actions and proceedings for the enforcement and collection of such Public Service Tax as shall become delinquent to the full extent permitted or authorized by law; and will maintain accurate records with respect thereof. All such Public Service Tax herein pledged shall, as collected, be held in trust to be applied as herein provided and not otherwise. (J) BOOKS AND RECORDS. The Issuer shall also keep books and records-of the Public Service Tax 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. (K) ANNUAL 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 of the city 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. 25 1$ ?y (L) INSURANCE. For so long as any of the Bonds are out- standing, the Issuer will carry adequate fire and windstorm insur- ance on all 'buildings and structures of the works and properties of the Project which are subject to loss through fire or windstorm, and will otherwise carry insurance of all kinds and in the amounts normally carried in the operation of similar facilities and proper- ties in Florida; provided, however, that in lieu of such insurance the'Issuer may establish a qualified plan of self-insurance. Ariy such insurance shall be carried for the benefit of the Holders of the Bonds. All moneys received for losses under any of such insur- ance, except public liability, are hereby 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. (M) ISSUANCE OF OTHER OBLIGATIONS. The Issuer will not.issue any other obligations payable from the Public Service Tax 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 1994 Bonds and the interest thereon upon said Public Service Tax except under the conditions and in the manner provided herein. Any obligations issued by the Issuer other than the 1994 Bonds herein authorized and'Additional Parity obligations provided for in Subsection 0 below, payable from such Public Service Tax, shall contain an express statement that such obligations are junior and subordinate in all respects to the 1994 Bonds, as to lien on and source and security for payment from such Public Service Tax. (N) NO ISSUANCE-OF ADDITIONAL PRIOR LIEN OBLIGATIONS. The Issuer hereby covenants and pledges to the registered owners of the Bonds from time to time that it will not, for so long as any Bonds are Outstanding hereunder, issue any debt payable on a parity with the Prior Bonds from the Public Service Tax, other than obligations refunding the Prior Bonds which have an annual debt service requirement equal to or less than the debt service requirement on such refunded Prior Bonds. (O) ISSUANCE OF ADDITIONAL PARITY OBLIGATIONS. Additional Parity Obligations, payable on a parity from the Public Service Tax with the 1994 Bonds, may be issued after the issuance of any 1994 Bonds,'. for. the construction and acquisition' of additions, extensions and improvements to capital projects of the Issuer or for refunding purposes and upon the following conditions: (1) The City Finance Director shall certify at the time of the issuance of the Additional Parity Obligations that the Issuer is not in default of any of the provisions, covenants and agreements hereof, and that there is no deficiency in the Sinking Fund. 27 (2) The City Finance Director shall certify at the time of the issuance of the.Additional Parity obligations that the Public service Tax pledged for' payment of any outstanding Bonds, the Prior Bonds and the Additional Parity obligations proposed to be issued, received by the Issuer during any twelve (12) months out of the eighteen (18) months immediately preceding the date on which the Additional Parity obligations are issued shall have been equal to not less than 1.00 times the ,Maximum Bond Service Requirement (or such higher amount as is determined by resolution of the Issuer adopted prior to the issuance of the 1994 Bonds) on the outstanding Bonds, the Prior Bonds.and the proposed Additional Parity Obligations during 'any Fiscal Year in which the Additional Parity Obli- gations to be issued will be'Outstanding. The Issuer need not comply with the provisions, of the preceding paragraph in the issuance of Bonds if and to the extent the Bonds to be issued, are refunding bonds, if the Issuer shall cause to be delivered a certificate of an independent certified public accountant setting forth the Average Annual Bond Service Requirement (i) for the Bonds then outstanding and (ii) for all Bonds "Co be immediately outstanding thereafter and stating that the Average Annual Bond Service Requirement pursuant to (ii) above is not greater than that set forth pursuant to (i) above. .(3) The Public Service Tax for the twelve month period selected pursuant to Section 16 (o) (1) above may be adjusted to include the estimated amounts from such taxes that the Issuer would have received from areas that the Issuer has annexed prior to the issuance of the Additional Parity obligations and not fully reflected in such Fiscal Year. (4) The Public Service'Tax for the twelve month period selected pursuant to Section 16(0) (1) above may' be adjusted to include the estimated amounts from such taxes that the Issuer would have received during such twelve month period due to any increase in the rate or rates of such taxes during such twelve month period and not fully reflected in such twelve month period. (S) The Ordinance authorizing the issuance of the Additional Parity obligations shall recite that all of the covenants contained herein will be applicable to such Additional Parity. Obligations. SECTION 17. CONSTRUCTION FUND. The Issuer covenants and agrees to establish a separate fund to be known as the "City of Clearwater Improvement Revenue Bonds, Series 1994, Construction Fund," which shall be used only for payment of the cost of the Project, which shall include the payment of interest, and if due, 28 principal, on the Bonds prior to the date on which the Project is fully placed in service. Moneys in the Construction Fund, until applied in payment of any item'of the cost of a Project, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The Issuer shall establish within the Construction Fund a separate account in the Construction Fund for each series of Bonds. The Issuer covenants that the acquisition, construction and installation of the Project will be completed without delay and in accordance with sound engineering practices. The Issuer shall make disbursements or payments from the Construction Fund only,to pay the cost of a Project, including interest, and if due, principal on the Bonds. Notwithstanding any of the 'other provisions of this Section 17, prior to the date the Project is placed in service, and thereafter to the extent that other moneys are not available therefor, amounts in the Construction Fund shall be applied to the payment of principal and interest on the'Bonds when due. Promptly after the date of the completion of a Project, as determined by the city Manager, 'and after paying or making provisions for the payment of all unpaid items of the cost of such Project, the Issuer shall deposit in the following order of prior- ity.any balance of moneys remaining in the Construction Fund in (1) the Reserve Account, to the extent of any deficiency therein, and (2) such other fund or account established hereunder as shall be determined by the City Commission of the Is provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for federal income tax purposes. SECTION 18. DEFAULTS ANDREMEDIES. (A) EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default":' (1) Default shall be made in the payment of the principal of, Amortization Installment, redemption premium or interest on any Bond when due. (2) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of.a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit.of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an'agreement of composition with its 29 creditors, or the approval by, a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (3) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this ordinance on the part of the Issuer to be performed, and such default shall continue for a period of thirty (30) days after written notice of,such default shall have been received from the Holders of not less than twenty-five percent (25%) of the aggregate principal amount of Bonds Outstanding or the Credit Facility Issuer of such amount of Bonds. Notwithstanding the foregoing, the Issuer shall not be deemed in default hereunder if such default can be cured within a reasonable'period of time and if the'Issuer in good faith institutes curative action and diligently pursues such action until the default has been corrected. (B) REMEDIES. Any Holder of Bonds issued under the provisions of this ordinance or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in-any court of competent juris- diction, protect and enforce any, and all rights under the saws of the State, or granted and contained in this ordinance, and may enforce and compel the performance of all duties required by this ordinance or by any applicable statutes to be performed by the Issuer or by any officer thereof. The Holder or Holders of Bonds in an aggregate principal amount of not less than twenty--five percent (25%) of the Bands then outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this ordinance with authority, to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the off ice of the City Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than twenty--five percent (25%) in aggregate principal amount of Bonds Outstanding and the, trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. After.the appointment of the first trustee hereunder, no further trustees may be appointed; however, the Holders of a majority in aggregate principal amount of all the Bonds then outstanding may remove the trustee initially appointed and appointea successor and subsequent successors.at any time. 30 ?F Upon the occurrence-of an Event of Default, a trustee may, and shall,, at the direction of 25% of the Bondholders, 'by written notice to the Issuer, declare the principal of the Bonds to be immediately due and payable, whereupon that portion of the prin- cipal of the Bonds thereby coming due and the interest thereon accrued to the date of payment shall, without further action, become and be immediately due and payable, anything in this ordinance or in the Bonds to the contrary notwithstanding. (C) DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then outstanding (or any Credit Facility Issuer insuring any then outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to the trustee, to direct the method and place of conducting all remedial proceedings to be taken by the trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions he and that the trustee shall have the right to decline to follow any such direction which in the opinion of the trustee -would be unjustly prejudicial to Holders of Bonds not parties to such direction. (D) REMEDIES CUMULATIVE. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter.existing at law or in equity or by statute. (E) WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by Section 18(B) of-this ordinance to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. (F) APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver appointed for the purpose shall apply all Pledged Funds as follows and in the following order: (1) To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and (2) To the payment of the interest and principal or Redemption Price, if applicable, then due on the Bonds, as follows: (a) Unless the principal of all the Bonds. shall have become due and payable, all such moneys 'shall, be applied: 31 i FIRST: 'to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatary redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 21 of this ordinance), in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the Redemption Price of any Bonds called for optional redemption pursuant 'to the provisions of this ordinance. (b) If the principal of all'the•Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest ,then due and unpaid upon. the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without.any discrimination or preference. (G) CONTROL BY CREDIT FACILITY ISSUER. Upon the occurrence and continuance of an Event of Default, the Credit Facility Issuer, if such Credit Facility Issuer shall have honored all of its commitments under its bond insurance policy, shall be entitled to direct and control the enforcement of all rights and remedies,with respect to the Bonds it shall insure. SECTION 19. AMENDINg- AND SUPPLEMENTING OF ORDINANCE WITHOUT Ca S N O L E S 0 BONDS. The Issuer, from time to time and'at 32 'al i? f / any time and without the consent or concurrence of any Registered Owner of any Bond, may adopt an ordinance or resolution amendatory hereof or supplemental hereto, if the provisions of such supple- 'mental ordinance or resolution shall not adversely affect the rights of the'' Registered Owners of the Bonds then outstanding, for any one or more of the following purposes: (A) To make any changes or corrections in this 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 mani- fest error contained in this ordinance, or to insert in this Ordi- nance such provisions clarifying matters or questions arising under this 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 this 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 this 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 Project into compliance with applicable state or federal laws; and , (H) To modify any of the provisions of this ordinance in any other respects provided that such modification shall not be effec- tive until after the Bonds outstanding at the time such supple- mental ordinance or resolution is adopted shall cease to be outstanding, or until the Holders thereof consent thereto pursuant to Section 19 hereof, and any Bonds issued subsequent to any such modification shall contain a specific reference to the modifi- cations contained in such supplemental ordinance or resolution. SECTION 20. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS QE BONDS. Except as provided in Section 19 hereof, no material modification or amendment of this ordinance or of any ordinance amendatory hereof or ordinance or ' resolution supplemental hereto 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 33 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 Public Service Tax or reduce the percentage of the Registered Owners of the Bonds required- to consent to any material modification or amendment hereof without the consent of the Registered Owner or Registered owners of all such obligations. For purposes of this Section, 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 succes- sors 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. SECTION 21. DEFEASANCE. If, at any time, the Issuer shall have paid, or shall have made provision for payment of, the prin- cipal, interest and redemption premiums, if any, with respect to the 1994 Bonds, then, and in that event, the pledge of and lien on the Public Service Tax in favor of the Holders of the 1994 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 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 1994 Bonds, shall be considered "provision for payment." Nothing herein shall be deemed to require the Issuer to call any of the outstanding 1994 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. SECTION 22. GOVERNMENTAL REORGANIZATION. Notwithstanding any other provisions of this Ordinance, this Ordinance shall not prevent any lawful reorganization of the governmental structure of the Issuer, including a merger or consolidation of the Issuer with another public body or the transfer of the Project to another public body, provided that any reorganization which affects the Project or any transfer of the Project shall, provide that the Project shall be continued and that any public body which succeeds to the ownership and operation of the Project shall also assume all rights, powers, obligations, duties and liabilities of the Issuer under this Ordinance and pertaining to all Bonds. 34 J I? SECTION 23. TAX--COVENANTS. (A) The Issuer covenants with the Registered owners of each series of Bonds that it shali not use the proceeds of such series of Bonds in any manner which would cause' the, interest on such series of Bonds to be or become includable in the gross income of the Registered owner thereof for federal income tax purposes. (B). The Issuer covenants with the Registered Owners of each series of Bonds that neither the Issuer nor any person under its control or direction will make any use of the proceeds of such series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such series of Bonds to be "arbitrage bonds" within the meaning of Section 1.48 .of the Code and neither the Issuer nor any other person shall do any act or fail to do any act which would cause the interest on such series of Bonds to become includable in the gross income of the Registered Owner thereof for federal income tax purposes. (C) The Issuer hereby covenants with the Registered owners of each series of Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from the gross income of the Registered Owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. SECTION 24. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Credit Facility Issuer that shall, agree to provide a Credit Facility that shall enhance the security or the value of the 1994 Bonds. Such covenants may be set forth in a resolution adopted prior to or simultaneously with the sale of the 1994 Bonds and shall have the same effect as if such covenants were set forth in full in this ordinance. SECTION 25. PRELIMINARY OFFICIAL STATEMENT. The distribution of a Preliminary Official Statement relating to the 1994 Bonds is hereby approved in such form and substance as shall be approved by the Mayor and City Manager of the Issuer. The Mayor and the City Manager are hereby authorized to deem such. Preliminary Official Statement as "final" within the meaning of Rule 15c72-12 of the Securities.and Exchange Commission, except for certain "permitted omissions" as defined in such rule. SECTION 26. VALIDATION AUTHORIZED. The City Attorney, in conjunction with bond counsel, is hereby authorized and directed to prepare and file proceedings in the circuit Court of the Sixth audicial Circuit in and for Pinellas County, Florida, to validate the 1994 Bonds in the manner provided by law and the proper officers of the Issuer are hereby authorized to verify on behalf of the Issuer any pleadings in such proceedings. 35 ?4•..A. •.f, ?:! ' .F? Y > ?..,. ? .,r."F. q.7?' ;MS -, '. r'v. •',ii art?,/r 'rt a?,S,.i t' ' • , .. ? ? A ? 4 ?' S Ir1 , : '?r.. 1,:. .. Yr, ., r _ _ '` rr ' 1 ?? jj rfrX?':`K?>; . ?r'' ., :r' .lra?t,•.al:<,:. $'•tit;.'p )I''k?4r•w?'tr•'i?.. ? '?" ?' Ir. ? .. .. . ?.?sf.+.? r`% ?. S." ,. _. ..z ? ;,lr.r„? SECTION 27.. :.SEVER, LTTY: If any one or more of. the cove--.` .' Hants, agreements, or provisions•of this ordinance should be held r' contrary.to any-express provision of law or contrary to.the' pol,icy' , of dxpress,law, though not expressly prohibited,•or'against public policy, ' or!: shall "for any.' reason whatsoever be . held invalidr 'then such 'covenants, agreements or provisions shall be -null and void and shali be deemed separate'.from the remaining covenants agreements ' , , or 'provisions of this ordinance- or '•of"?the;-Bonds. " SECTION 28: ' REPEAL' OF INCONSISTENT INSTRUMENTS. All ordi' nances- or 'resolutions, or parts. thereof, in _ conflict herewith are.' ! . ' ., hereby.-repealed to-the extent 'of such- conflict. • ? , .,,`, i . . , ., r ? ? ' ? 1 ' ', %t .?? ' 1 ' ' . .. - {... ? ? . •.Y ,r a e I r ' I i , -Jt ?,? ., , + . 1 ? .' r t' r ' . •- ?? ? ? ? • `? . ,. ' f. F , f . . , i ' 136 4J 1 ,, i . b?,•,? M ;RS.} ,. ? .I e • ?y`tr ;'T„•,,.t,, ,;a r : >, ,,7; • •, ?,;???"?t?; ;s?p? ?? i • , . t , . 5' ?, c i''t ,("2 v « e r' • ( ?•i; ., .,. i`fk`if++..`; Ie?r- • f r :1 e 1 F.?: iJ.i 's', r t ? !` :?`,?'. i' :r', ?? i. T F ??? t•` 't `i'[' ??'1iv 5' ,'' '} ` ? - r I ' ., 'v .. ' '?•' 1'223 ??^??r:.rr., +?°:{j r.. Y'i.Jt•' ,:i?;/h,.,!"i,:a't •r,, .? ? .y.l i•.' .. trJ.?.:,>.. ? .. ,rl .z 'J'i...';. ..'.S• ? i .. ^,•z,,!%, yfin J., s SECTION 29. / E DATE. This ordinance shall 'take effect .' ' immediately, upon its enactment..' PASSED ON FIRST READING ....PASSED ON SECOND AND FINAL READING -AND , ENACTED, Rita. Garvey Mayor-Commissioner I; Attest: x ,'Cynthia E. Goudeau' City. Clerk , Approved as to form and, legal sufficiency -Alan Zimmet F ' Interim 'City, Attorney t: .. ? • Y ? _ . r. ? t :tip` i 37, pfd. ? , •. ? _ ? i i ' '?ti:i si,' ',?.' '. R` ?il 'l R.. ;??i,T'`!?k'!°i:,F.; li ,'s'•I,e; R: :r ?5r. ,t?''.:.•br '. F. .rl .r. ., '.?• r .f r .I?)' .. .. 3 N.1. .bj/,j''.i:; •"S•)':r'lrjy{ '. p', .? '' , r . r ' , ' ' • r r r 3: • ! ? fie I + (',4i•a'4?a?.`1'Si ?;r.Sr:,,.r lam. ^.:f-'.' .. r .. .. .. .. ? ioitvskd.•/.. ?,F.' ?:/". „? n r •?. ') f.' •I r ` .. ,1 .. .? d. ...s i'11 ? . <r <? .!' ., r ° ,il? AUG-04-1994 15:55 FROM' RAYMOND JAMES TO 58134626720- P.02 CITY'VP CLEP1RtirATL'R, FLORIDA IMPjtovxmzNT R6vpt s BONDS, anisS 1 994 iMWICIVAL SERVICRB/PUBLIC SAYLrr AND POLICE COMPLEX PROJSCT) SVR= MR RESERVE SOURCES Arm USES Dated 12/01/1994 Delivery 12/01/1994 Par Amount of Bonde.......... •.. .............r. , 5Z2,,i369,000.go ; Total Sources S1i,26fr,000.00 Total ftdefewxLter's Direount i0.t0W ......... • C90,129.00, tl. Caste of Isausncei..................... ......... 75?goo. 00 tixoes Sand Insurance Premiu:n;,.,.' ................. 74,336.94 Deposit to Debt zervlcC Ronarve Fund (DSRF3....... 20,710.94 ' r' . Deposit,to Project Construction rund... ... 11,OO0,000.DD . Contingency ....................................... e,t13.48. y Total We$ 5111265.000400 ?) 1r'! .. ... f.,l1 :• "fir Raymond .7am4s 4 Associates, Inc. FILE MVN2 ` Public Financi Departroont 0/ 4111!,4 'd{09 PM ; t I ' t • t: • • r t r , ? r , ysr?11,. ?,??!'r•r'(??y'r!•;.,?'r1,A3flr?.'d: "111'°•`2- nr r /y,'3, ?r1? !kr ?f r t i.r L_ .,{, ,•til I •Y1 r '1' i•' , _ ... 'i:''i..l'I i?Zi?f.S:?Y' t, • : `A Y ? y { y t sl't Ste, .I' , ' , . r. 1 1 . r ! t 1 ?{, _?kl • i •' _ t'}, •1?,I` .. - J • r t I I ryk J''. t ' • •.. 'l'? ? . . A . .iai?;:$!: i r ? ?. •i- R'?? 'r.` ..'i ''L:ev34{+?+t.?,°.i:.? :?. :'j.°... t. , . Y, .. ? ? ,.. > ' . ,. _ ,.. [ ' ftLU-04-1994 .15 ? 55 ' FROM .RAYMOND TAMES' TO 9913 4625720 r ' P.03 CI'T'Y OP CI,SAR19A7ER. FLORIDA t° NPROM? RCygm !bans. milts 1594 ! (MOXCIM SBRYICSS/?UREIC Z"XTY AND FODICS COMPM PROJ.BCT) J r •. . ' FVfkY FUNDOD R138BRYE f' SOURC88 A" USES • r .. I>akcd 17/a1/1914 Dellvcxy 1Z/01/1994 •. •r.? :??, s: r Par Amount of Gonda ............................... S1];150.0OO:OD •' ? Total, sourcex S1x,15a.000.00 Y '' ;r1 Total•UndsrxrLter;s 0110 ount (0.800=)............i ' 547.200.00 _ '.°, ............................ Costs ox Issuance. . 7ir000.00 k?r t f Crops bond Insurance Premium..... ....... ..... QOr216.Ed r ` Deposit to Debt "rvloe.Resrrvr Fund (vsxr)d....... 897,750.DV + IHDosAt to Pxojact construction rand .............. 11,000.000.00' " lr.s`1 `J '. Cbnt).ngtnay :....:............... ................ 7,011.74 :, ; Zbta1'Vaws .. G12,150.a00.00'. ' _ '. 1 Roymand'James ?R APSOCiatoq. Inc'. FILb ?' N{Ih11 , . `; Public Finance DepartmcnC a/ 4/1574 4:00 Pt1. tr ( f Er". a ' r ' ' , I J ' '; MY , , t Y • a ? . . tt l' ._ I .` •!.. J 1 1 . .. ' t .. L t 1I,_ {1l .. J St r • f t ' t , . (, ! • l' /' i., .r .,' i• ?'? f ''S'ri ::? J`:. ?r? ? I JI, i .rt.?`e E Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: SUBJECT: Zoning Atlas Amendment for 3160 McMullen-Booth Road (Landmark Manors); Owner: James B. & Marlene K. McCullough; Representative: Avid Engineering; 17.3 acres m.o.i. (Z 94-04 & PSP 94-05) RECOMMENDATION/MOTION: Approve Zoning Atlas Amendment to Residential Planned Development- C for Part of Section 21-28-16, M&Bs 23104, 05, 06, 08, & 13, and pass Ordinance No. 5660-94 on first reading. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The applicants' property was annexed into the City in 1992 (Ordinance No. 5260-92). The City assigned a Future Land Use Classification of Low Density Residential (Ordinance No. 5261-92) and zoning of Single-Family Residential "Six" (Ordinance No. 5262-92), both-of which were subject "... to the approval of the land use designation by the Pinellas County Board of County Commissioners". The County Board of Commissioners never approved the Future Land Use Classification of Low Density Residential (now Residential Urban).. During the City/County consistency program the property was assigned a Future Land Use Category of Residential Suburban. The property does not have a zoning classification due to the County never approving the original Future Land Use Classification. Staff proposes to assign the new zoning classification of Residential Planned Development-C to the applicant's property. This zoning provides for a density of 2.5 dwelling units per gross acre, but otherwise has the dimensional and numerical requirements of the Single-Family Residential "Six" zoning district. The applicants propose to develop 20 single family homes, and incorporate his existing home into the' development, total of 21 lots, on the 17.3 acre parcel, a density of 0.83 dwelling units per gross acre. Entrance into the new subdivision is proposed to be from Landmark Drive. The entrance road would have a bridge over the northern portion of the retention pond adjacent to Landmark Drive on the property of the Eagles Glen Condominiums. The entrance road and all roads in the subdivision will be private roads, but will be constructed to City standards. There are existing wetlands located on the property which will restrict development. The dimensional requirements of the Single-Family "Six" district will permit the applicants needed flexibility in laying out the subdivision. This was the justification for originally assigning the property this zoning. Development with the proposed zoning will not affect the Reviewed by: Originating pept:• Costs: _# NIA_ Commission Action: Legal NIA CENTRAL PERMITTING Total ? Approved Budget Purchasing _NIA _ N/A ? Approved w/conditions Risk Mgmt. N/A Userllept Current Fiscal Yr. U Denied cis .---? NJ, A? © Continued to: ACH Fundin g Source: Other _H/A 17 Capital Imp . Advertised: 13 operating Attachments: Date: 7/09/94 0 other ORDINANCE No. 5660-94 Paper: TAMPA TRIBUNE LOCATION MAP ? Not Required Submitted by: Affected Parties ? None ® Notified Appropriation Code. f 13 Not Required C Ma ager 0 Printed on recycled paper Z 94-04 & PSP 94-05 Page 2 permitted density or infringe on the environmentally sensitive wetlands. As regards the latter, the applicant is working closely with the Department of Environmental Protection (DEP) and -the City Environmental Management Group in order to design the proposed residential devclopment in an environmentally sensitive manner. The Planning and Zoning Board will hold a public hearing on this application on July 19, 1994. The results of that meeting will be provided to the commission in a separate memorandum. Pertinent information concerning the request is summarized in the following tables. ACCESS: Landmark Drive PARKING: Off street ' DRAINAGE: SWFWMD design standards and City of Clearwater stormwater design criteria UTILITIES: All essential services to be provided by the City of Clearwater. CONCURRENCY: De minimis EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES ` LOCATION 'IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject City Residential Suburban None Single family residential and vacant Property North City Residential Suburban RS-6 Single family residential (Turtle Brooke Subdivision) South City Institutional PISP Chi Chi Rodriguez Golf Course East City Institutional PISP Churches and preschool (Bethel Lutheran and North Bay Community Churches, and Wee Care Preschool) West City Residential Medium RM-16 Multi-family residential (Eagles Glen Condominiums) r , w;Y-, ZONING RESTRICTIONS Z 94-04 & PSP 94-05 Page 3 DE CRIPT ON RS-2 .^a;:.;y$.• :'i;4:5ff:?i?i?F'`.<}°riy:: rn.i j}S fE„„'4';:: .'.{:: ::. r-.}. •.. fSFrIY•f?::.y'i: rii?•.. 5Y, ".f:.,:f' {'$ ?v };?S??f ?} >:::;y:{. } .... •kjn3' t ... % . REQUIREMENTS ::,i???:i;:i 'w .:r'+:v':'<..:::;;M ::iL,'sri.:•44<' ,;r: ie.:: •?. }'i:E:?: X:iY:i: S$yr.i$iy;, ur it:. 4..F{?iir .:'.);1;. ?{.; rr ?-. <::t.;:°,h :,i ,„ r.:,r•}>"::.iFY: sri::: r.:. <r ? ? R1MM lM? ?C?? j i \???'I ` f l ' ..r: r y F a f, 3:t $• D i 8 4r?e.,,X:`:`;.:'r`.%zr`stis":s: ?y X»}'.": .,i. f>; .:.Y..:;;?c?:r •r ) ` ens ty u.p.a. max. 1. .>:..Yd p;i ' ?yYl:yK.?ti/?.? f .vhf:}.i. ? ? ??!}'?1 •I1.'r.,{SSf?)'r.{'. •?i?r•;;i'x?;Yy:r?9.iy.?;Y; AS.d. ?::r .: $ ? ? ? ? ??? KV:s 4 L, ? , ?i7:<t.ti,.?RF?y ?,{?.L:::11?I Y tr fTy ?:4 ii:G.S<+ Lot Area 000 s 20 ft min ' f:;::'f . ".:£:tiifr: ;a?:{v:{:;rtfy ` .,..... rFYrri:$ ':!4:• y:: "33 <: 0, r ?:' `?::F?i S ?.., Y?`r:f't ;.'C• ? f ,r;E'yi??Sr,.{a'X , , q. . ? i::}`iiiryl:?ry: n:?:?$%Y,}F ?'Si'4.:?:}3'} tifiG: :?!:?'i:L$: $ ?5.'si}Y,.4Y'.hx yy5}S 1{•' //?ti Lot Width at 100 ft. min. ( <t'rGv{?S°'rSh2.::i ..?y?. i!`; ?Hv.rl...??n?y??{k???{'}.vh}a?rl:?,? :} ? 'j:} i il Wi .. ii s +•: : «F•f?#jy }?5• ?"`i: lif i ti+{ F' 3 setback line : : ? . f, ` l V . , i . YJ r )} ?; ' • ' G ,. r:iY3 , • .: ".err. $i #::. af?ik ? }.: r::• ^. l`..?r?:: f.:'ti::44r rr.<: w)::•. e'Y:.<;;r:,..rrS:e ,, s'}ir ?.,...r??, 'iy }l4v:rKY:])5:,:.:{:iY' ??? ??f.<?ih `. s, }'))'?'`y,:•. Depth ? 100 ft. min. $ . .i i; ft: ;i .`rr ?+ h rY,; !?" 4Y '! : : .k.>::.,.:n: .i:.< '.F i:;,: :" ? F?," >(G.'.<...."::r:riHS??..?{.U:{7'kyn7tij.vftit } ?:{fri:}?'l .F•.\ ?.I}{J_f ''l:%::'F.:•hr:::ry:•.r. •Y'<+: :{r•: iy!'i .3f"'l?( L': yii{}•rl ' ' { `t 4 F S Structural setbacks: :. ? { 1 y{.L i$WS: S: `, : n':•>S? Street: ' 35 ft. min. 3' 5::;.sy?Y'4}`j } y x.55; f }..,•,m a:%'?;i•,3FS??':r'{iir?:.:53:q :'Xi r ?li?%ff}y'f:5: ? ? ? ? ? id 5 i ?i•r`?i<ti}::zS:i;Si?f r:}?(?v : (?} S} )):Y}M?:iF'?lt?',:?f?y?rC.??'//r1Y Y?}? ii{•ry)y ' }i) . ) 7{? W` l •va,.,• } S k S e property line: 1 n. ft. m ` : iy}, F r {: .f;+S : Y:Y ti V t{ = Rear ro erty line: 25 ft min <>:y{rr': ?:„ .. xr : :Y< rx 1` °' i ry.f::r p p , . :Y'•yi,•r{?':',-"•'r_:':Y::S:Y :1.t;{S r:'•';r: •::'..k ;Y.:7,';: <t. ?j riff :;. ry.:.,r Setbacks for in-ground pools: ,J ct?i?'e < 'y F? ' " ?A}}: i .,?;.?:}#? ?;r2y l,;i;•. :::?{., ,i?? ?Y <??.3:•?n•:??i? > Street: 35 ft. min. ......> r Y : ,;?;4frt: } .::r:< i.}':......; q ' • , ide pro erty line: ' min 15 ft . \k:.. .:r .,.$s..: '? ` •Yi?i'J.:"l: ?5: /'. ?'45:$'iYS:i.>yrvk'•i. ir. $: ? ? i., .t}JS.•XQ+' ,L:$ 'F{.j4 ,} : - ••':, :`Y? :`S?of?:?r'}iz : x•{::r..;,v >:: rYY}•>''` :{.: i ni;^: wr:Y . •• .MIn p . . [? : y; • (. r: Rear property line: 15 ft min :z' :' ;<..• n,r. x' =: 5 i . . : n : ?;!. ......::,;}: SA': ;,{ ks„y? j; •;.i , i.},: ? eft is: ,;.;S:TM'.}# . • s is iF; '.C•' itiir'4`.'rvi:2'': ryr.: s^.\ NT `: a:+,rv{??.yyA i' F.:y '.. ?.:{:: }: '-ir';.{o ?'l ; f{. Building coverage: 25 o max. ;? rr..:{i•i :: i j..',: } ry :.{: Y.Y. rti::}:} r• }. i:: Si r ^.f:'.J::.. C.w?:.;?:u a. i'•:'?.'?. ?-:C::.S.:-.rv?: ?f..v An.{r?::[v. r.K.r. ,?'?.?Kv. i'. . :4 en s O ace: ? , c ::F.<} ?:??;? ?n ' a-r,'$l:??J :Sr 4{io>':}.i'Siii?'}??:?'.'?::? ?.i }{?'`'_? v!ry 'R''??,.??i?? •,,'{i' \?"!N.' sr p p +$t^ Z}s ;: ?.;K .: `15':{ {? ?. v ?:•:f v r $' r t tit ' ? Lot: min 60% ?. ?,x ? : . M; ??J ,: (r.; r: $: i:}:: T v.i: ?J::?}::r?. 'tit??:i :{ Y:?'? }::??. ii:,irr] Q '4':.}?i:.?v.lf`.$ ?:..4'?•2 . }:?5 :?, v?~i??SS^.4G.+rk:i.;.::.;5:}:?'i:\: n:5.:v4:;r ?r ;.'<'L: IS.}:i: •j h ` Front yard: 75% min. ?:: Y.:: yr .r. r:hS'' '?yJ' ): 1:sT'}}:•:s?::.{.;y-!•:.: 1i ' ::}:.: r>.. : M OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X 11 Florida Department of Community Affairs X ABBREVIATIO NS: P/SP Public/Semi-Public (City) RM-16 Multiple-Family Residential "Sixteen" (City) RPD-C Residential Planned Development - E (City) RS-2 Single-Family Residential "Two" (City) RS-6 Single-Family Residential "Six" (City) u.p.a. Residential units per gross acre I 1001 Ft. Harrison 'i 7-7 % # ., 11yrtle lve. I 1 ti N --.»-- Nlssouri Ave. a en 1 q Xings ItL hxay ` to ` to n C Highland Ave. 5- N ti N Lake Ave. d C=- M ,? i fr n. o q :Q w ? n I xeene-'Rd. ju? 110rcuIaI Ilvt f r a C 'a [ `.~ Belcher Rd. X11 WM Nw, f7 f H 0 tl W r V •' 4? Irl I Cie i U. S. 19 ytde stY •?f?o, D ' 'Coun -4 Landmark Dr. >ICMIIICn Booth Rd. .^r-some •a.*Nw-?r.A .ate ` a?snrrs. h5 U. w NNW .r w 5 13. Wo "I `e 1 r^ }3d?Yi rx .. •1 r r ORDINANCE NO. 5660-94 ' AN ORDINANCE 'OF THE' CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF .THE CITY BY REZONING CERTAIN PROPERTY LOCATED WEST OF McMULLEN'BOOTH ROAD, AND WEST OF 'BETHEL LUTHERAN AND NORTH BAY COMMUNITY CHURCHES,.SOUTH OF TURTLE BROOKE SUBDIVISION, EAST.OF EAGLES'GLEN CONDOMINIUMS, AND NORTH OF CHI CHI RODRIGUEZ GOLF'COURSE, CONSISTING OF PART OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE'ADDRESS IS 3160 McMULLEN-BOOTH ROAD, FROM SINGLE-FAMILY RESIDENTIAL 6 (RS-6) TO RESIDENTIAL PLANNED DEVELOPMENT- C (RPD-C);' PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore,' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF . CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida,' is hereby rezoned, and the zoning atlas of the City is amended as follows: Property_ Zoning-District See Exhibit A.attached. From:.RS-6 - Single-Family (Z94-04) Residential 6 To: RPD-C - Residential Planned' ,.Development - C Section 2, The Central' Permitting Director' is directed to' revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3.' This ordinance shall take effect immediately, upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED' Rita Garvey Mayor-Commissioner Approved'as to form and correctness: Attest: M. A. Galbraith , My Cynthia E: Goudeau Senior Assistant Attorney City Clerk- f - . t l ids . . .. .. ' t, ' 1 '. if S 't - if t ; J J ; :?r;;1 ? .,3 F'= • 1 F, ' . . . • I t'{.. ?.? • ! . , ' 1' l I !,. o I .. , . Jr •1,' t t 4 J e' `,.,i °i: f 'J fr& .3rr"y k.ir.°-. A..tiL: I 1.f. •ir '. ., Zk et".?S r?l i •-i.. r a ( 1 .. `i >a .. : it7•-'•'s< ..'?4..) , 3-_, :'l'i 1 ?+L Wr .x e,?,iib..r•i...•.... 'n. . .. ,? r,:'. - .. I ' . . .. I (!' .. . •yr.". „ tR,.. ? . 1 , Lr? ': Y .. ..•t . LEGAL DESCRIPTION " r ' Commence at -the Northeast (corner of the Southwest 1/4 of': the. Northwest 1/4.of =1: Section 21, Township 28 South, 'Range 16 East, P.inel•las County,' Florida; thence, '. 5.00°02' S0"E.-, along' East line of the Southwest. l/4 of the,Northwest 1/4 'of. Said,, ' " .' - Section 21; being also the centerline of McMullen-Booth Road, 667.42 feet; thence N.89026'26"W., 50.00.'feet.to'a point on the West right-of-way line of McMullen-, BootRoad; said point also being the .`Point of ,Beginning (P.O.B.); thence '. S.00002-150" -E., along, said West ;.line of said McMul len-Booth- Road; 40 .00 feet; , thence N:89°26'26"W. 615.00 .feet; thence S.00°02'50"E:'293.40 feet; ..thence, point on the 5,89°29'43"E:- 162.88 feet; thence 5.00°01'00"E. 333.47 feet to a , • .?South'line'of the Southwest 1/4 of,'the Northwest, 1/4, of said Section'21;' thence' ,' J . , , J N.89°1b' 18"W. along the South l ine of of the' Southwest'-1'/4 ;of the Northwest 114 _ . , said Section 21,-840'.54. feet to a point on'the' West line of said Section 21; ":c 'thence' N.0007'04"E. along tile.West.,line of said Section 21, 997.15•feet;' thence S.89 29 45 E.. '670.49 feet .feet;' ' thence S.00"021,58"W-. 333.58. thence , , . , . 1 5:89°26'26"E• 620.00 feet to, the Point' of Beginning (P.O.B.-) , i` ` J ! f F 1 r ' 1'•11 ' a I I ' , ' a ' S EXHIBIT A ,r t.F' .. .J - -J ,l" f1 :'f. 1.. ):S' If..? 'f'-ilsrj.f? r?'• ' 1h ilr•l; ky , iI .I f,•?tJ ?y ;ilea;,?'.?` r? ? a ? 1 • ?? 7 +4 S.r X ??? t? l. "1' 'F il `'. p ??? VVV? ? ? ,,t, ,'i_1 r A • 1 i * _ f ' i 1 t 5 .1 ' . 5 t J 5`?PLACE 1W y '•,? L0 LAND . ARK HILL Q y? 1 ? 7S va p? p • :: e0 i fl? i a ~ E 24/03 'o 7 n T U R T L o ; J 3 . ?? ?°0 8 „ ?UR1}EwBRG4KE /rr!j (J n ` 30-00 R.EL °A A ( r? I 23 K R ? o V1 aoss I ? s 7 5 3 8Nl, r B R O O K E 97-97 1 ?• 23/02 1 S 24/05 23/04 ,k ( __ af:e L SAiEfYNOR ' 14/02 T- C"fv 24,E s nn,"n BETHEL LUTHERAN CHURCH . PH i PH 111.E ? i 108 -- 99 . ? , ? : . err aw4 a ..,• '.? , ./D .e .. COUrt1T w i?' r •`ri` . i'11 • PH 11+ .23/10 , , ' ? ? • ' -• ..: ? su0 24%39 • • _ r » 230 2J/14 -- ata0 PH V• H °, • , • • , ' + xa/}D , ? ' • .. ?? I[ an Ord .. • 23/12 , t k • y .. iy! ' • • ' , ..- ? ?1?}-507 .' ' , . al?S .t• l, _' 80' POST. CASU'T. !49. 11'02 ? '1 • ti •?? r :' . . HA N - R ' ps :;. :,•...:s• •• ':t` .:::,:?i:? ,. +• ,j! •..1.'`'s1 ?''':? +' . ! 7''':.?•r' ,y . SAFETY. RBO STATIO flRE • . '?, } : ,? 'i•7? f l'N,•.. .Y i'..t i . ?! 'r,. l.,. •r.it:'.': p ' . , : • , Y tt : .. 'i'; '7 t.: ,4 te tt ?•'i :i S ! •aT +?: ' '•w' ti , . .. i, la ,+s- +?•: • ,j ?':?st ?.:/•;• 'i ` . t- a . , /. •. i. •. i•? .? ' ,y r: , '!1 '• , ?1' • '?1'• ' 'f ' ," it 1Y' .; .: I. 1• .[`}.i ?• f!,, ? :?..;i'"mil ;??iii. •.5 r' • ; . tr??J ' r•r•, iht •{.f/'1.':1.,? ?i'• :li i.,'ff j?'l • . ? ?..' - ? ,,'• : •i its s . t{ r ?•- ?'' ?'+ '' Ir ' 1•,.• .. .,?. •?,••r'ii It.!::r. * ; :,:::'. ?1'' ,i; • is ,.; • !. :?u. •'?{. .?•r••r f]lJVt ex I r. :, :+51if+.:? .,r?? ?• U ,Z O . ;.; ;? i .'.? ?^`.'Z?[, vl;r??'• •.r:;' .! ?1/• •. •11i •1.•,'• }: .?: i^ ? : , , . •7 A`: 1'• ! .i. S . . r 1 PROPOSED REZONING APPLICANT 1M c C U I-u o G w J t3 iC t?l z Qq o PROPERTY DESCRIPTION ZONING ?. to 6 2 ? /'!3 FROM Q S 6 To RP o - c- /7,3 ACRES PLANNING end ZONING BOARD CITY COMMISSION - SECTION '?? TOWNSHIP '?8 8 RANGE E? E ATLAS PAQI+ VZO.4 ! r 1 4 5y41 JUL-20-1994 11.31 FROM PLANNING & DEVELOPMENT TO CITY CLERK P.01 CITY OF CLEARWATE'R ' ? ' lwhidepr??at Cerrrc?oa?no. . . TO: Betty Deptala, City Manager . < Kathy Rica, ]Deputy City Manager VIA: , Bill Baker, Assistant City Manager , aF'ROiN., Scott Shuford, Central Permitting Director SUM M. Planning and Zoning Board Action - Z 94.041kSP 94.05; Jau= B. McCullough Rezoning COPIES: Cyndle (ioudeau, City Clerk DATE: July 20, 1994 on July 19, 1994, the Planning and Zoning Board approved the proposed amendment to the zoning Was for the 17 aEcre,McCullough Subdlvislon by a unanimous vote of 5 to 0, subject to the following conditions; 1) An easement for the bridge shall be obtained from the Eagles Glen'Condominium.: 2)' The bridge design shall be in substantial croAformance with the drawing submitted by Mr. McCullough at-the July 19, 1994 Planning and Zoning Board meeting. - ; "I have attached a copy of the drawing submitted by Mr. McCullough showing-the bridge design and elevation. Please advise if you have questions or comments SS/db 13 fY DfcPY% , Ctf?K - CJ7Y Poet-It" brand talc Itansmittal memo 7671 #01 a+g!r ? OOI C(L. UfP%1 Ont ?Idn? ... , o • { i 1 I I it !lffI F'.`I+' ?,' ?' ..•t • .., ? ' .. 711';:: 1'' , . ?? ?1.i •4'i. 51%•' •," i 1,1,.1"; r, ;• * .' ff?; .`r 5'S. 01 1 * ? r, rl rn, tip. i SS I 1 ! Q kkll ?• ? F +• r ~ ?l , M1vl? ,'1'51:: „ . ? t ? , , , I ?, ? • QU ' d ACIZI 1j ^l I J U.L .l.NQI%MW 1nnZ4 0 ZAl1 I'VA U IQ piuUza b£ : G Z YOU & it IL « Item # Clearwater City Commission Meeting Date: Agenda Cover Memorandum T7. SUBJECT: Variance to the. Sign Regulations; 400 Island Way; Starboard Tower Clipper Cove Condominium Association/Clipper Cove Condominiums (Owner/Applicant); Robert E. Wright (Representative), (SV 94-22) M RECOMMENDATION/MOTION: Deny a height variance of 3.5 feet from the permitted 6 feet to allow a freestanding sign 9.5 feet high on property identified as Sec. 5- and 8-29-15, Starboard Tower Clipper Cove Condominium, for failure to meet Sec. 45.24 Standards for Approval, item (1). Approve a height variance of 2.5 feet from the permitted 6 feet to allow a freestanding sign 8.5 feet high on property identified as Sec. 5- and 8-29-15, Starboard Tower Clipper Cove Condominium, for . meeting Sec.. 45.24 Standards for Approval, items. M-(4), subject to the condition that the height of the supporting posts be reduced to 7.5 feet. i, and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting ' a height variance of 3.5 feet from the permitted 6 feet to allow a freestanding sign 9.5 feet high. The subject property is located on the southwest corner of Island Way and Skiff Point, and is in the Multiple Family Residential "Twenty-eight" zoning district. The variance is requested to permit the .existing sign to remain. Pertinent summary information is listed in the following ',table. Reviewed by: Drlplnating Dept: Costa: # NIA Commission Action: Le0al N/A CENTRAL PERMITTING Total ? Approved Budget N/A S'S ? Approved w/conditions chasin Pu NIA S g r 13 D d i Risk Mgmt. N/A Uut Dept; Current Fiscal Yr. en e cis 13 Continued to: ACM -C fL Funding Source: Other N/A C] capital imp. Advardiod: ? 'Operating Attachments: Date: ? Other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET d ? NEAPS Not Require submiaw by, Affected Parties ' Appropriation Code: 13 None ® Ratified ? Not Required C Manager 0 Printed on recycled paper ?,,q SV 94-22 Page 2 Information Existing Permitted . . Type of sign Freestanding Yes Location/orientation of sign Island Way Yes Area 22.7 sq. ft. 24 sq. ft. Setback 6.7 ft. 5 ft. Height 9.5 ft. 6 ft. Staff-Comments/proposed _ Conditions: The maximum sign height allowable in residential zones is six feet. The existing Clipper Cove Condominium sign has an overall height of 9.5 feet. The sign is not uniformly at a height of 9.5 feet; only the two supporting posts, located at each end of the sign, attain this height'. The sign panel, located between the posts, reaches an overall height of 8.5 feet. Since the panel is curved at the top, it too reaches this height only at a point. The curved portion of the sign, which depicts a boat, is only two square feet in area. The message portion of the sign, which is the bulk of the sign, is located substanstially in accordance with the established height limit. The 9.5 foot height of the posts represents a 58% departure from the code. There do not appear to be special circumstances applicable to this property to support a variance to this extent. The variance could easily be reduced somewhat by lowering the height of the posts, without affecting the structural or aesthetic integrity of the sign. If the posts were reduced to a height of 7.5 feet, the post height would depart from the code by only 25%. The overall sign height then would be 8.5 feet as measured to the top point of the curved sign panel, and would depart from code by 42%. The sign would continue to be attractive and an asset to this property and the City. Staff regards this as a minimum variance, and a practical solution to effectively reduce the extent of the existing nonconformity. SURROUNDING LAND USES, Direction Existing Land Uses North Condominiums South Townhouses East Condominiums West Condominiums A 9.5 foot high sign is not in character with other freestanding signs identifying residential uses. 1 r SV 94-22 Page 3 Applicable Variance S andards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request does not meet all of the standards. In particular, the following standard does not appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. Relevant Previous Decisions b the Commission: FREESTANDING SIGN HEIGHT CASE #. ADDRESS NAME VARIANCES . .. MEETING : REQUESTED/ACTION : : DATE .. -SV 92-28 1290, 92, 94 Stewart Title 2 ft. add'I to allow 10 12/17/92 Court St. ft./Denied SV 92-87 20865 U.S. 19 Public Storage 15.1 ft. add'I to allow 3125193 35.1 ft./A roved SV 92-05 20162 U.S. 19 Suncoast Inn 1 ft. add'I to allow 25 517192 ft./Denied SV 93-18 1800 Gulf to Bay Young's BBQ 5.33 ft. add'I to allow 1119193 25.33 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 16.75 ft. add1 to allow 1/24/94 36.75 ft./Denied SV 92-30 1266 Court St. Accurate 17.2 ft. add'I to allow 1124194 Automotive 25.2 ft./Denied Repair 3.9 ft. add'[ to allow 11.9 ft./Approved SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'I to allow 20 1124194 ft./A roved SV 93-41 25778 U.S. 19 Forbidden City 12 ft. add'I to allow 32 2/7/94 ft./Denied SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'I to allow 28 3/21/94 ft./Denied SV 92-27 411 East Shore Dr. Bay Breeze 5.66 ft. add'I to allow 4/27/94 Motel 25.66 ft./Denied I -ji r it r , ' VARIANCE 'WORKSHEET '- CASE NUMBER SV 94-22 sTAfrnAlM FOR VAIMAMC6 APPf#nV/LL STAFF F11111MMINIOt{ 01 There are special circumstances related to the particular The maximum sign height allowable, In residential zones Is six physiesl surroundings, shape or topographical conditions feet. The existing Clipper Cove Condominium sign has an applicable to the land or buildings, and such circumstances overall height of 8.5 feet. The sign Is not uniformly at i are peculiar to such land or buildings and do not apply height of 8,5 feet, only the two supporting posts, located at generally to the land or buildings In the applicable zoning each and of the sign, attain this height. The sign penal, dlstrlat, located between the posts, ruches an overall helghtrof 8,5 foot. Since the pane) Is curved at the top, It too reaches this height only at a point. The curved portion of the sign, which deplete a boat, Is only two square foot In area. The message . portion of the sign. which to the bulk of the sign, Is located substsnotlelly In accordance with the established height limit. The 9.5 fnot height of the posts represents a 68% departure from the code. Thera do not appear to be special circumstances applicable to this property to support a, variance to this extent. The variance could easily be reduced somewhat by lowering the height of the posts, without affecting the structural or eeethetlo Integrity of the sign. If the posts wore reduced to is height of 7.5 feet, the post height would depart from the code by only 25%. The overall sign height then would be 8.5 feet as measurad to the top point of the curved sign panel, and would depart from code by 42%. The sign would continue to be attractive, and an asset to this property and the City, Staff regards this as a minimum variance, and a practical solution to effectively reduce thi extent of the existing nonconformity. (2) The atrial application of the provisions of the code would The use of the axlsting sign Is reasonable given the scale of deprive the applicant of the reasonable use of the land or the development on this property. buildings. 13) The variance is not based exclusively upon the desire for The variance requeat appears to satisfy this condition. economic or other material gain by the applicant or owner. 14) The granting of the variance will be In harmony with the The sign regulations were adopted with the Intent of general purpose and Intent of the land development code and enhancing the visual quality'of the City's streets and comprehensive plan and will not be materially Injurious to landscape In order to protect thi value of properties and the surrounding properties or otherwise detrimental to the publia well-being of the local tourist oriented economy. The welfare. granting of this variance Is consistent with this Intent, r f •= r } I _ LI I Y UI- CLlARWAZ LK /g l u/I SIGN VARIANCE APPLICATION 2 2 V# PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIV LEIS) lit uny) NAME & ADDRESS: STARBOARD T CIITPPF C IF rnNnn nccQrATION •440. Island !Jay - Clearwater', FL 34630 ,.,Kenneth Devoe., President,, # 209' TEE EPHONE:, 61 a-,2 4 61, - 4 0 3 9 RQBF T R_ WRInHT 400 1 TELEPHONE: (6l3)-A4'3 '2940ADDRESS OF SUBJECT PROPERTY:--, 400 Island Way _ NAME OF BUSINESS JIF APPUCABLE): CL ZONING DISTRICT: RM 28 LAND USE CLASSIFICATION: , H . D - R . LAND AREA- 2' 7 4G LEGAL DESCRIPTION OF SUBJECT PROPERTY: STARBOARD TOWER CLIPPER COVE CONDO ASSOCIATION PARCEL NUMBER: 08-29-1 51 8 51 5 9 /Q00-000Q !! 1 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462-3207. If more than one parcel number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: CONDO'S South: roNnn I East:, .. MUDOS. West: CONO' S__ - -- VARIANCE(S) REQUEST: ENTRANCE SIGNAGE HEIGHT ALLOWED FROM 6FT TO 9.6 FT. h 174PTANCP OE 3-5 PT. TO PERMIT A FREBSTANBING 01"" HEIGHT OF 9.5 FT. TO REMAIN WRE REASON FOR REQUESTING VARIANCE(S): (Refer to Standards for Approval, next page) IF LOWERED TO-REQUESTED CODE BI_QUIREMENTS, SIGN WILL NOT BE VISUALLY ?EFFE;<TI,-V-P.-,. CONTINUED ON REVERSE SIDE / , r STANDARDS FOR APPROVAL: A variance shall not be granted by the. City Commission unless the application and evidence presented clearly support the following conclusions: (t) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action 'or actions of the property. owner, predecessor in title, or the applicant. Any mistake made in the execution' of a building permit or work --- performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance. ?(2) . The particular physical surroundings, shape or-,topographical conditions of the property involved acid the"strlct ._w.application .of_the. provisions of this development code would result in an unnecessary hardship upon the .applicant. ? .....,_.?• ...._ .. _. _ ..... ,..... - , .... .. , . , .. . _,..... ,,.., ......, L (3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital "2" for the purpose of making reasonable use of the land. (4) The request for a variance is not based primarily upon the desire of the applicant to secure a greater financial return from the property. (5) The grunting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located. (6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community. substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired will not adversely affect the public health, safety, order convenience, or general welfare of the community. (8) The granting of the riance desired will not violate the general spirit and intent of this development code. - ??Re5I DENT' SIGMA l,1RE of PROPERTY OWNER (-.-OR REPRESENTATIVE OR BUSINESS OWNER) CLIPPER COVE CONDOMINIUM Sworn to and subscribed before me this Zla- day of __A.D., 19??- by , who is personally known to me and/or has produced as identification. STATE OF FLORIDA, COUNTY OF PINELLAS Notary Public, Commission No. (Name of Notary typed, printed or stamped) G011.I,'i r:.'WC: STAT« CF ILV10A A7 LAx, l..Y EAFIRES OCTCII:3 17, 1994 BONDED THRJ AGENV5 NOTARY BROXERAGE r Paula Snoreman r , ! r , 1 LAW O. f 1CES .•Y P A BECKER&POLIAKOFF . . , BOCA RATON• CLEARWATER DAYrTONA BFAW FORT MYERS HOLLYWOOD MF,LAWRNE* MIAMI NAPLES ORLANDO PORT CHARLOTTE ST. PETERSBURG SARASOTA' SUN Cay CENTER" TALLAHASSEE TAMPA WEST PALM BEACH ' GARY A. P+oW07 S T CLEAWATER Town ADMItIJUBATIVF, OM= BtAL? ; . L T:cnx ALM 33 Nom Goo AYFJWF, SurTS 960 EnAAW LARKCC*tMMPW Roun E J. MAmw u, CmA wATER, FL 34615-4116 3111 stun Rob FmLmwm%MFL3 33 1 2 45 23 Clexrwate htrnRarTrA KnuxT{t OM EL S. RosCK Aw, P.O, Box 2823 F L7mFxmJW4) 432.11112 Soma "& Woo CLEARwAm, FL 34617-2823 'CAW C. RMW Ct nw&TER (813 443 3781 AUL"K EWC " TAMPA (813) 874.7550 UE H: 8MO RoRRTA TOLL FREE 800) 422.6894 ' Km RRama T Fnc imu (B 13) 443-4079 : {4} T sl . Cum. ?' STV4N 8, L um • . ' Hbam H BRtir MART"l JAYM MKxrl! G. Mu FS HUMUT 0.8A(XK. JR. CM0 M. MccRFmulm April 29 1994 , EurmG.Hiwo ' DOM A. HAAS KErfiETTI S. DIRCJITOR ? 1 i J052Y71 L A,111 . HAaoRSa £. KAnAn . . . ' A4cm m y. 7WM . '.> 1 PHE1 I~ City of 'clearwater t F. `M`" "GT State of Florida ' ' . T'SAeRCY Baum s Dana D BvwR ' ' AWsaT K. GEYtRI .. S mc1W1J. BanrYTY i CC,Ja'nTGMi?'a,BaTraw"Ex rm CERTIFICATE OF TITLE JosTThi R. Cuw'Rrx{C Howm! The undersigned, ROBERT L. TANKEL, a licensed attorney at ' STOM M. DAMS JAMES R. DEFMO Rom M. AAWKLLJ O 1AA law, does hereby certify that as of the date of this Jtttarx WtU DRAKE Sam& MA certificate that fee simple title to the property described Swpq F0*0 MARTYI KUK%, Doacmpi.lcnocRR in Exhibit "A" and attached hereto and made a part hereby by H:pNfL KORanu . MERatc 1. Ketaw HECTOR °A r : reference is presently held by the. record title holders of OWEM M"M , , svELYnMMERCYRNIT . PET"C.?4ORt.MG-Am" condominium parcels in STARBOARD TOWER CLIPPER COVE AWRTO N. MO%r. ftt TT L RAm 'r - DAR H•Rw+? KARrrR ? Reesxw CONDOMINIUM. • RonuR Ruwr?TTTrt . AALLR.mSChWAMI ^ EXECUTED this L day of 1994. i MFcwa R, W1177 i LYnT&rrso"WMIS • At#Z E- 2wn ' KAYLATd1A L. BECK & POLIAKOFF, P.A. ' CAROIY PC11CR AU ' (jCOI10E Wurmuu{ ' V . By. -ROBERT L. TANKEL OTHER OFFICES { ? . P NUX. T Cato RTZrzruc Q(MGUKX4 PedTS's Rt7PTa{ut of CitrrA . .NOT AurrrT[1? rl FtoRaoA . ?;' ?AY?dl/1NLF'aRCOtSSiJt.TAllal f:\wP\stsrbrd`certitie ?t }, 0Y AR'arTTMl74T, 1 Y ??.. 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N 24 RM 28 s 2-11 1 Z?/? /??4V N tl N N S 1 B AY y? X06 9 !a h v 921 ry`' 1 920 2 1 roxstt ?r ° a f 7 t-cl A L/C. DOLPHIN COVE CONDO '20-56 '31 ,.? R M 28 229 9 227 ?. ?22s DORY PASSAGE zzs zzr X219 217 zrs Lp 1 err • ? ? '209 ` 205 -+ - c 209 ss,??1 20`0 a 2o1 zoo 1 a SIGN VARIANCE REQUEST NAME: STARBOARD TOWER CLIPPER COVE CONDO / WRIGHT SV # 94-22 PUBLIC HEARING DATE : August 4, 1994 ATLAS PAGE: 2678 SEC: 08 TWP: 29 S RGE:.1? E .: .+.{.. ...: :. ,:,?.r: :.•..:"..: is .. f '.<? ??1'•? ?$''.. .{?:'>? ?.-$:: :CLEARWATER.CiTY<.COMMISSIDli?? •- A 1 ` ' r t?. r r 049 y s -? O ? p r Y r Y• i `\J ? ?NI4Y? "? i 1 _1 1 y O ?' I Y ?? 1 V a m a `• •1' 1, 1 ' •i5? ? C r r' r r J .r ,,, '. _] :F.. -y,"rs .t,t•;1 x,.+. ;,'..?. .tr.,. ^,,; IpP,?.':` .f a• °!?:P f; tYa"-;''.nz?ry:.+rtr 'ns.' y},., rW'a, ?r .?,.' r - a: t'.1.• )S. :;.f ?. "l: ?'t = ,F,'• •A ? ?<ii ,?? .-s„ bl ,'}'•F' if. `.?• x. !.-^' R I? ,?; i ? '3':Ei }; ?R! S, 'b. ;s' ? , P,' LJ .,?:,.• ra, h IY?„..? .?k ..,u?'i, `: `3 ? ii' ,r. 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X 'I' -a?.°' ,. :'i, Y•.s 'i.'+'?rr; ?dl'; +s ?'.{r. t , r7 ?'. _??W-- -- - -- - ---- -- - -- - -- "6= ---- - --'t-- --raS,.'?_. ., ,. .r c =t; ,. .. ,.•_vn`?r.}y4":a.r,?,.r??'.:.. .k.?RG f ff^ Item N t OR Clearwater City Commission Meeting Dote: Agenda Cover Memorandum IPII?? ?IIIAI 11111 I I II II IFl I IIFl?11 ?, ? ° ?? SUBJECT: Variance to the Sign Regulations; 425 Island Way; Starboard Tower Clipper Cove Condominium Association/Clipper Cove Yacht. Club (Owner/Applicant); . Robert E. Wright (Representative). (SV 94-23) RECOMMENDATION/MOTION: Deny a height variance of three feet from the permitted six feet to allow a freestanding sign nine feet high on property identified as Sec. 5- and 8-29-15, Starboard Tower Clipper Cove Condominium, for failure to meet Sec. 45.24 Standards for Approval, item (1). Approve a height variance of 1.1 feet from the permitted six feet to allow a freestanding sign 7.1 feet high on property identified as Sec. 5- and 8-29-15, Starboard Tower Clipper Cove Condominium, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). 13 and that the appropriate officials be authorized t5 execute some. BACKGROUND: The applicant is requesting a height variance of three feet from the permitted six feet to allow a freestanding sign nine feet high. The subject property is located on the east side of Island Way, at the east end of Skiff Point; and is in the Multiple Family Residential "Twenty-eight" zoning district. The variance is requested .to permit the existing freestanding sign to remain. Pertinent summary information is listed in the following table. Reviewed by: Oripinsting Dept: Costs: iz NIA Commission Action: Legal N/A CENTRAL PERMITTING Total 0 Approved Budget Purchasing --N/A N/A 13 Approved w/conditions Risk Hgmt. - N/A )leer Dept: s Current Fiscol Yr. E3 Denied cis N/A C] Continued to: ACA Funding Source: Other E3 Capital Imp . Advertised: 0 Operating Attssbments: Date: other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET 13 MAP ' Not Required S Suhmittd My: Affected Parties 13 None ® Notified Appropristion Code: cit an gar Not Required 13 Printed on recycled paper ' 1 t K . SV 94-23 Page 2 Information Existing Permitted Type of sign Freestanding Yes Location/orientation of sign Island Way Yes Area 22.7 sq. ft. 24 sq. ft. Setback 5.5 ft. 5 ft. Height 9 ft. 6 ft. Staff Comments/Proposed Conditions: The maximum sign height allowable in residential zones is six feet. The existing Clipper Cove Yacht Club sign has an overall height of 9 feet. The sign is not uniformly at a height of 9 feet; only the two supporting posts, located at each end of the sign, attain this height. The sign panel, located between the posts, reaches an overall height of 7.1 feet. Since the panel is curved at the top, it too reaches this height only at a point. The curved portion of the sign,, which depicts a boat, is only two square feet in area. The message portion of the sign, which is the bulk of the sign, is located in accordance with the established height limit. The 9 foot height of the posts represents a 50% departure from the code. There do not appear to be special circumstances applicable to this property to support a variance to this extent. The variance could easily be reduced somewhat by lowering the height of the posts, without affecting the structural or aesthetic integrity of the sign. If the posts were reduced to a height of 7 feet, the post height would depart from the code by only 16%. The overall sign height then would be 7.1 feet as measured to the top point of the curved sign panel, and would depart from code by 18%. The sign would continue to be attractive and an asset to this property and the City. Staff regards this as a minimum variance, and a practical solution to effectively reduce the extent of the existing nonconformity. SURROUNDING 'LAND USES Direction Existing Land Uses North Condominiums South Condominiums East, Clearwater Harbor West Condominiums A 9 foot high sign is not in character with other freestanding signs identifying residential uses. !1 iy. SV 94-23 Page 3 Applicable Variance- Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request does not meet all of the standards.' In particular, the following standard does not appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. Relevanj Previous Decisions by the Commission: FREESTANDING SIGN HEIGHT CASE # ADDRESS NAME VARIANCES; . , MEETING: REQUESTED/ACTION . -:DATE SV 92-28 1290, 92, 94 Stewart Title 2 ft. add'l to allow 10 12/17/92 Court St. ft./Denied SV 92-87 20865 U.S. 19 Public Storage 15.1 ft. add'I to allow 3125193 35.1 ft./Approved SV 92-05 20162 U.S. 19 Suncoast Inn 1 ft. add'[ to allow 25 5!7192 ft./Denied SV 93-18 1800 Gulf to Bay Young's BBQ 5.33 ft. add'I to allow 1119!93 25.33 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 16.75 ft. add'I to allow 1124194 36.75 ft./Denied SV 92.30 1266 Court St. Accurate . 17.2 ft. add'I to allow 1124194 Automotive 25,2 ft./Denied . Repair 3.9 ft. add'I to allow 11.9 ft./Approved SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'I to allow 20 1124194 ft./A roved SV 93-41 25778 U.S. 19 Forbidden City 12 ft. add'I to allow 32 217194 ft./Denied SV 93-72 23197 U.S. 19 The Golf Depot 8 ft, add'I to allow 28 3121194, ft./Denied SV 92-27 411 East Shore Dr. Bay Breeze 5.66 ft. add'i to allow 4127194 Motel 25.66 ft./Denied 1 VARIANCE WORKSHEET - CASE NUMBER SV 94-23 11 TAINNU OS MR VA1rAMM APPROVAL STAff FW§Dfi= (1) There are special clrcumstancee related to the particular The maximum sign height allowable In residential zones Is six physical surroundings, shape or topographical conditions fast. The existing Clipper Cove Yacht Club sign has an applicable to the land or buildings, and such circumstances overall helght,of 9 feet. The sign is not uniformly at a height are peculiar to such land or buildings and do not apply of 9 feet, only the two supporting posts, located at each and generally to the land or buildings In the applicable zoning of the sign, attain this height. The sign pensr; located district, between the posts, reaches an overall height of 7.1 feet. Since the panel to curved at the top, It too reaches this height only at a point. The curved portion of the sign, which depicts a boat, In only two square feet In area. The message portion of the sign, which Is the bulk of the sign, Is located In accordance with The established height limit. The 9 loot height of the posts represents a 50% departure from the code.' There do not appear to be special circumstances applicable to this property to support a variance to this extent. The variance could easily be reduced somewhat by lowering the helght of the posts, without affecting the structural or aesthetic Integrity of the sign. If the posts were reduced to it height of 7 feet, the post height would depart from the code by only 1896.'The overall sign height then would be 7.1 feet as measured to, the top point of the curved sign panel, and would depart from code by 1896. The sign would continue to be attractive and an asset to this property and the City. Staff regards this as a minimum variance, and a practical solution to effectively reduce the extent of the existing nonconformity. 121 The strict application of the provisions of the code would The use of the existing sign Is reasonable given the scale of deprive the applicant of the reasonable use of the land or the condominium building with which k Is associated, and buildings. also given the height of the companion sign located.ocross the street. 13j The variance Is not based exclusively upon the desire for The variance request appears to satisfy this condition. economic or other material gain by the applicant or owner. 14) The granting of the variance will be In harmony with the The sign regulations were adopted with the Intent of general purpose and Intent of the land development code and enhanoing the visual quality"of the City's streets and comprehensive plan and will not be materially Injurious to landscape In order to'protact the value of properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare, granting of this variance Is consistent with this Intent. . I Ftecei^t V I I, Sf x&?? SIGN VARIANCE APPLICATION SVP PROPERTY OWNER(S) NAME & ADDRESS: 400 ISLAND WAY CLEARWATER, FLA. 34630 PRES. KENNETH DEVOL, #zuv TELEPHONE: REPRESENTATIVE(S) 01 arty) NAME & ADDRESS: -? 400 ISLAND WAY #502 TELEPHONE: _(21 a e BI- .4-3--2540 ADDRESS OF SUBJECT PROPERTY: 422 1SLAND WAY NAME OF BUSINESS (IF APPLICABLE): CLIPPER COVE *AGHT GLUB ZONING DISTRICT: RM •28 LAND USE CLASSIFICATION: LAND AREA: LEGAL DESCRIPTION OF SUBJECT PROPERTY:,gmARnnARn m. WF'R?CbIF-FrR- 901 r?r,-_ YACHT CLUB. PARCEL NUMBER;n ! ! 1 1 (This information is'available from your tax receipt or con act Pine as Co. roperty Appraiser's Office at 482.3207. !f more than one parcel'number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: -2-INGLE ''"r Ly HOME`" East., T-MATE South: A?mndFN.TcW"t:GEHH3 VARIANCE(S) REQUEST: ENTRANCE FE12I.P OF FT. TO PERMITA FREESTANDING SIGN HEIGHT,OF 9FT. T . IS Al=WtU REASON-FOR REQUESTING'-VARIANCE(S): (Refer to Standards-for'Appro%ral, next page) VISUALLY EFFECTIVE. r LOWERING SIGN WILL CAUSE IMPAIRED VISION TO THE.SOUTH FOR A CAR S WLAK TRAPIC TO BE ENDANGERED. BEHIND 'SIGN. '=NTINUED ON REVERSE SIDE i i j 1 ANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and dence presented clearly support the following conclusions: (1) The variance requested arises from a condition which is unique to the property in que.tion and Is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant.' Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance. {2) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application . of the provisions of this development code would result in an unnecessary hardship upon the applicant. {3} The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital "2" for the purpose of making reasonable use of the land. (4) The request for a variance is not based primarily upon the desire of the applicant to secure a greater financial return from the property: {5} • The granting of the variance will not be materially detrimental or injurious to other' property or improvements in the neighborhood in which the property is located. (6) The granting of the variance will not impair an adequate supply of light or ventilation to -adjacent property, detract from the appearance of the community, substantially increase the congestion in the public "streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired will not adversely affect the public health, safety, order convenience, or general welfare of the" community. (8) The granting of the variance desired will not violate the general spirit and intent of this development code, ; 7 1711. Aix J NATUR-E OF"PROPERTY OWNER (--OR REPRESENTATIVE OR BUSINESS OWNER) KENNETH DEVOL, PRESIDENT.', CLIPPER COVE CONDO. ASSOC. .f! earn to and subscribed before me this day of 1?fl'? 1Z, A.D., 19? who is personally known to me and/or has produced - as identification. STATE OF FLORIDA, COUNTY OF Notary Public, Commission No, ISignirtumY )Name of Notary typed, printed or stamped} ' I:?Tl.CY frULLIC; ar•r: OF FtOiUDA AT I.M;C: ' p.y COM1,0551014 C: N;ZES 0=5-,: 17, 1994 C0I:0=:1 TKU f,G:1;1'S NOTARY PtO1:51iAr7 r } ^ " + . ;, BECKER&POLIAKOFF, P.A. O - X m ; PI' N • BOCA RATON* CLEARWATER DAYTONA BEACH' FORT MYERS HOLLYWOOD MELBOURNE' MIAMI NAPLES ORLANDO PORT CHARLOTTE" ST. PETERSBURG SARASOTA SUM CITY CENTER' TALLAHASSEE TAMPA WEST PALM PEACH , GARY A. POWXaT CtEARWnteR TOwCRS ATIMPUS UVF QrFL 13it1LIsz + ALAN S. DECKER 33 Nowm GARDEN AVEHuEI Sotm 960 LKE1AtD LAKE CORPMTE PARR Room J. MAert 3111 srMIM pow CtEnRwnTER, F1.34G15 4116 •AWtETnrr[rnnuK FuRTLADDE1I1stM FL 33312,6525 GiCl1r11ptCr Armlom A. KAutatt Box 2623 Fm LAumcALE (305) 907.7550 P O DAmiS.Roxnm LK 1 - Sworl A. Wma . . FLo?wNToLLFktc19001432.7712 CLCnRWnit?, FL 34 617-2023 . GARY C. Rwh CLEARWATER (B13) 443.3781 Aurn A. L-'NVC TAMPA (813) 874.7550 La H. DtRn FLORIDA TOLL FREE (800)'422.6894 Roma LTAhKu Fncstmu (813) 443.4079 OmLu N. TETtnc Strnm B. Lmu f oviD H. DRtn KOM I. JA?TE Acheu O. MILLS Hr"ERT O. BRocm, JR. CIku1 M. MCCt.E.MTI H April 29, 1994 DAm H. Room Eul7t G. HIRSCD Duns A. HAAS ' KEM1ES11 S. DIRMOR ( . Jozru E. AttUts ' Hmoui E. Kuwt • ' Maur) X. Z?LgQ / .. . - PAUL L. WEAn DrwicFmetu+An City Cxty of Clearwater , KuTH CKU State of Florida NvoLN : 0AR5IRER ' ' Dam D. BERCER ' AUJ%W K: DMEL ; Mrcnku J. DRulww KAmm M. JoinC115 TLms tER C. Jan C. CDwz,TEe+srr CERTXPICATE OF TITLE . ' - . Jo"I R. Cm-PONE i ' Cur Tict",,J.Coouxtss The 'undersigned,. ROBERT L. ,TANKEL, a licensed' attorney at'. Jmm R. DEFLsuO , I C A s%M.O does hereby certify that as of the ' date of this . law D R , f JrtrtruDAtEsDwc r. STLVMKFAM certificate that fee simple title to the property described. SD,an FURO I • . , ` DOPE^M•1`r' in Exhibit' "AI' and attached hereto' and 'made a part hereby by . H. PAUL KORptES . , Mom 1. Kwim HECTOR E. Loan JAn WA=+ . reference is presently held by the record title-holders of GRACE N. MArME c. %w,, condominium parcels in STARBOARD TOWER CLIPPER COVE, AucERro N. Moms Darten L RAIY11 Dmm H. I Rom CONDOMINIUM. RopExT Rurwtmw i "hLLRR.SchwwAn? EXECUTED this Z day of 1994: MIc11AEt R. WIirT LYM Suy.On WOOL'S COUNSEL 1(ArLntanA . A.' BECK • & POLIAKOF F. P { GUNGE WEAMAIIA te ?? r By: , ROBERT L. TANKEL OTHER OFFICES / Kam. Tie Cucli Ru4uRuc Gtw+OUlau1 . PEO1Vd RUWUC Or C1otA . ' , .NOT AUmmui Irt FLOI411A ' 1 •AWVLMIErU00004VAl14t1 f:lwp\stnrbrd\certft1c .. nYMt7lrtTnt71T. , IR, s .: 5 ]t`r - ITTV- k }? 1 tti 4 ' (.1 u.R. 4 7.0 8 FLU 1.419 , • ? ..."" .? ? e ? Jna r: r' JCS: F ' + •'? . I IS 10 ?? ? . y;,j?a"Q? t? .?f 1616 it pl l?! ?? r• ? n , . I op ?'• ' }i 6610 X1,11 •A... ?? yJ a 4 10 • ??... -r. ,tip ? n ??nnM io4? yyG H O O •I y ?(? ! O h N r ti t4 tA Lot x ti L M . oil 4' ten .o ra.• Gqi N4 V ? 1 1 Q Z hl p ?' b DO ? ';4 41J1 ' elu? al 1 16 ..?`}! it ? j„,;.. .41' 4• ???. ?•`.. 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Nry?rnrp% r~ir' f i x 1. , u. 3 Aso 50 N 6 5 4 450 449 51 2 440 4311 1p0 52 45 46 44 A 741 V,'? o m a, r<Tv>::`.?!1!y; 47 424 25 43 20 fc) 42 48 ;0c, 29 4 1 17 41 4t5 ?.? 19 49 412 417 415 40 113 16 r? 50 406 407 409 3$ 3400 J 'Q A • ? ? ?,Q, So?x? 11 401 15 d 51 400 401 38 Y„ AREA] g33Y? 52 330 3sr CID 0 0 ?A x_72 j?l G 4? 344 333 53.9;!4 37 325 25 a 13 a 36 334 q 325 54 SIB 919 23 p 12 24 55 35 12/01 BAY +Z,sr2 ifs POIt1T o COIZD0?87 d56 34 ? s2t 11 sos soT D YL rowrltzfi g05 10 57 300 301 33 303 20-56 10r td 58 3: a _-so 231 2 z2s 9 2? PASShGE 225 59224 DORY 2x3 221 219 '1 8 60 217 218 219 a 13/01 [n Zf3 rD 7 61 21f 212 2fs 209 20T ci 62 / 206 6 z 206 207 203 200 y 201 20a 145 63 200 20: SIGN VARIANCE REQUEST AME: STARBOARD TOWER CLIPPER COVE CONDO / CLIPPER COVE' Y. C. / WRIGHT [ V # 94-23 PUBLIC HEARING DATE : August 4, 1994 AT LAS PAGE: 26 BB SEC: g8 TWP: 29 S RGE: 16 E CLEARWATER CITY COMMISSION 1 1 OtS, 'M t ' M ^ r K r t . z.1 . ? 1 ? .y r .' . Q • a 1 ? '!•151`„ ?. ?llt1: J?Ir'?? f ! S ?(r??'I55 r J , ? r t , ' e J J • I , 1 ' "aI 'fog V## J ti ? J 1 u ^sen Ob 4 ? ' i f • r tr I• , s$ -3 -- - i HvI? ^VV '. J b - 1 . 1 s-. , A. • • , t ' f I, r1 . 1 ' Clearwater City Commission Agenda Cover Memorandum I tem /. Meeting Date: I?. ey. L/,(:? SUBJECT: Variance to the Sign Regulations; 50 Somerset St.; David and Sharon Castillo/Monterey Motel Apartments (Owner/Applicant/Representative). (SV 94-25) RECOMMENDATION/MOTION: Approve a variance to allow a freestanding sign in a zone where freestanding signs are not permitted, on property identified as Lots 5 and 6, Blk. 83, Mandalay Unit 5, :For meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following conditions: (a) the sign shall have a maximum area of 37.4 square feet, a maximum height of 14.8 feet, and shall be set back a minimum of 5 feet from all property lines, and (b) no attached signs shall be allowed. O and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting a variance to allow a freestanding sign in a zone where freestanding signs are not permitted. The subject property is located on the north side of Somerset St., east of Mandalay Ave:, and is in the Multiple Family Residential "Twenty" zoning district. Within residential zones, freestanding signs are allowed only for conforming uses and only to identify subdivision or property entrances. This sign is used to identify the Monterey Motel, which is a nonconforming use. The variances are requested to permit the sign to remain, but with a smaller area and lower height than currently exists. Pertinent summary information is listed in the following table. +¦ Reviewed by: Originating Dept: Casts: # NIA Commission Action: Legal ' Budget Purchasing N/A N/A NIA CENTRAL PER TTING J Total S 0 Approved 13 Approved w/conditions Risk Mgmt. Cis ACM other NN/AA ?t N/A User Dept: Current Fiscal Yr. Funding Source: C3 capital imp 0 Denied 13 Continued to: . Advertised: ? operating Attachments: Onto: © other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET [] Not Required MAPS submitted by: Affected Parties ® Notified © Not Required Appropriation Code: 17 None y nager I I - _1 iii Printed on recycled paper f SV 84-25 Page 2 Information Existing/Proposed Permitted Type of sign Freestanding No Location/orientation of sign Somerset St. No freestanding sign allowed Area 57.8 sq. ft./37.4 sq. ft. 24 sq. ft. (attached) No freestanding sign allowed Setback 8.7 ft. No freestanding sign allowed Height 21.8 ft./14.8 ft. No freestanding sign allowed StaffComments/Proposed Conditions: Somerset St. is the north-south dividing line between the residential zoning for the north beach, and the commercial zoning for the mid-beach and south beach. Subject property is on the north side of Somerset St. and is zoned residential. The motel use is nonconforming under the residential zoning. Nonconforming uses in residential zones are permitted one sign which must be an attached sign. The maximum sign area is 24 square feet. The existing Monterey Motel sign is a freestanding sign. The applicants propose to remove the "pool" sign panel that projects up from the top of the sign, thereby reducing the area to 37.4 square feet and the height to 14.8 feet. There are special circumstances applicable to this property that support granting the requested variance. First, conforming uses are allowed freestanding signs in this zone. It would be inequitable to 'require that the freestanding sign be removed when a residential use would be allowed a freestanding sign by right. Second, the requested sign is not out of scale or character with the mix of uses that presently exist in this-area of the beach. And finally, properties on the opposite side of Somerset Street are permitted a 50 square foot freestanding sign. It is therefore not unreasonable to allow a 37 square foot sign on the north side of this street. SURROUNDING LAND USES Direction Existing Land Uses North Single family residential South Motels, apartments, and condominiums East Motel West Motel a, i. s4 , SV 94-25 Page 3 A 14.3 foot high, 37.4 square foot sign is in character with the signs permitted ' for the surrounding properties. The granting 'of these variances will not detract from the surrounding properties that have conforming signs and will not adversely affect the overall appearance of the community. Aoplicable Variance Standards: To be eligible-for a,variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request meets.all of the standards. In particular, the following standards do appear' to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are, peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based exclusively upon the desire for economic or other material gain by the,.applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions by the Commission: There are no previous decisions regarding freestanding signs for nonconforming uses in residential zones. ??t r y VARIANCE WORKSHEET - CASE NUMBER SV 94-25 ! E ?i F • Receict :_?V' ]. ••• !!! SIGN VARIANCE APPLICATION q+zS SV ' -50-00 PROPERn OWNER(S) NAME & ADDRESS: REPRESENTATIVEISI (if any) NAME & ADDRESS: !LA? 64?77ZXQ ?E L.±NN, TELE PHONE: TELEPHONE: ADDRESS OF SUEOECT PROPERTY: LC NAME OF BUSINESS (IF APPLICABLE): A(,e 3 LAND USE CLA551FICAT30N: ZONING DISTRICT: % l A /7" LAND AREA: o 0 5?. LEGAL DESCRIPTION OF SUELJECT PROPERTY: /6 ¢ /%ILOMMY L/ /% c-?• 20 &F 7 .1 1 PARCEL NUMBER: ?.a I a2 5? 1 ?.5? 11 D 93 ! Oo.S'O (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462-3207, if more than one parcel number, attach 8'/2 x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: ULTI/°l? W51D0706 East: ly1n78 South: r066 2S West; 1 #1 If VARIANCE(S) REQUEST: 01 1 Gt I Or1 t` - "QTEp,? r'.?" tLf?f.?F?? `A)e. 51,?,4r??ri- per- rza LA 5 '1 3 EltkW 5 i n7 A 1?) 26 UAA? W * "' DOL.', Am 'n , t REASON FOR REQUE=STING VARIANCE(S): (Refer to Standards for Approval, next page) % r 1. _1 % enkL 6. ? ? S f t?7?Q1'_? ? '? f7..?'? F-?R-'?, ! UZ t??1? b ? 5h'tu?S?a? pa, ?1 ?J U]DL C n A , G i 1 , 61,16 .0 , 4t '4?w vty? conrrwu?o ON . At LA 0..? 1-14'R,b-- Pr?3 C , r J • lyD t? IQ,C,G„ ANDARDS FOR'APPROVAL:` A variance shall riot'be granted by the City Colrimission'uniess the 'application?and dente presented clearly support the' following' conclusions ' ?. ?.yR.,'•.. qtr. .. i', ..-' t' :\'.h '., :w '? - .• ,. ??, w :•.• y ? •; `.. , ,.`•,w:.•'.? , 11) The variance requestedF arises from a condition which Is uitigd-e to the'property?, in que?fion and is`neither. ordinarily or uniformly appllcable-tn the zoning district nor, created by an action-or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of.* building permit or work performed without the benefit of a permit shall not be considered to be situations which support. the 0ranting ., -._of a variance...... , .. W ..?_.w?. .. T h (2) The particular physical surroundings; shape or rapograpixica! canaitions of the property involved and the strict":'° application of.-the provisions of this,-development code would result iris ari unnecessary hardship upon the applicant... (3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital t'2'; for•the.purpose.of making reas6nable use of the land. (4) The request for a variance is not based primarily upon the desire of the applicant to secure a greatec• financial return from the property. ' (5a) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located. (5) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property. detract from the appearance of the community, substantially increase the'congestion in the public streets, increase the danger of fire, endanger the gublic safety in any way, or sub stantially.diininigh or impair the value of surrounding property. r (7) The variance desired will not adversely affect the public health, safety, order'convenience, or general welfare of the community. (8) The granting of the variance desired will riot violate the general spirit and intent of this development code. ' ? ,t, lam»er • ..• I , ?7 URE OF PROPER OWNE4 ('• Ft fiEPRESENTATIVE OR BUSINESS OWNERi r :orn to and subscribed before me this day of ' !.i A. D., 18? _ Q t!_(-C}?, who i personally known to me ndlor has produced as identification. STATE OF FLORIDA,. COUNTY OF • CC / (019 7 '7 Notary Public, Commission No< ; I ipra.a,r.y , , co f . '4 U > -- - -(FOrt M'I sS)a2? &Ll'r? 46197?(Name of Notary typed, printed or stamped) ND-ay Pr-Wir, St&t of-Florida My coroiii non "xpires My. 19, 1993 . 'and@d rhru Tiny fnln • tn,uroa:s Inc. 44j 3 , 1 , - Y r e y qtr 9. r'' t .. • i , . r , ' ' . . r AFFIDAVIT ".? 1,???..('a'TJLLO. "//. as owner of the property described as,. clude tlon acrd name o company applicable! T Q 45ra9 .?.S?f7SlO"QaSZ? "do hereby authorize to appear before the: ???•=;•- " • • • •'• fn,fn. of npr...rfrsr/wl Dev$lopment Code Adjustment Board Variance) ?----? Planning & Zoning Board (Conditional Use) L_J City Commission (Alcoholic Beverage Distance Variance, Sign Variances) to request approval of v 4 ` Cdr" r n , ZA eeZ? -6;? ?ignaruee ?cfPwxvt? Making ;iffidavir (IncAi6no posidon en?&& (ff company if appAcable) Subscribed and sworn to (or affirmed) before me this r4day of lc' , A. D. 19q4 b•y_ A e-0-K k c.._En=L::-L-- ! who is personally Prlnr Name' linclude position and name of company N applicable! known to me as identification. tType of ldanWicatlon! STATE OF' FLORIDA, COUNTY OF 41S ?1 N ? L11? S Notary Public, Commission No. yn.rw.J 0„N.V.4y PljB- OFFICIAL NOTARY sEAL (Name of Notary typed, printed or stamped) • z?]{ * COMMISSION NU1dUSR o CC257499 7 yt. COMMISSION EXP, OF F' ;PEB. 311997, i r , rr. IFi ,; 1, T j7' i ARICO SPECIFIC11i.I.Y fiv1K i FIRST NATIONAL BANK vif DUNEDIN i I i F 14 •z•I: sec.. 32 ?.. •rwp• 28 S RG)t 15 E 1 M 0NTEREY MOTE L *50 SOMERSET ST. 119 01 PL AT) -I 19.7`{FIELM Fi R. • . . • • " Is.r INFO I. M I srY ° w F- >c a c.0.2. ? ' ? ,IS IS rv '.? ? O r STY x 3 Z .s5 c 8. 7 20.4 ?.• 1 STY I 4 e t t.3• _ b Q Ms?M I Qo°?' '' Q 06, 0.1?• ? 5 @ ,A iLDi LINO 2 4 ... 27.I1 _ } , $ i ' I TEL( d? 6 t ? 5 si Mt 5 1 » ; 60OTM O ?• I Bq O• ASPHALT PAMIK1 . 60C S oo + 5 SPIKE 120 0• F.f.H p O p ' O SOMERSET STREET ., A SURVEY Of LOTS 5 M StiK. "83", M ANPALAY UNIT S _ AS RECORDED I,, I l " l g•;`OK 20 PAGE 27 - OF THE PUBLIC RECORDS OF P+Iti;LLAS COUNT* -%?,RIDA ' I 14EPEBY CCPT,FY 1?1LT THE SURVEY REPRES':NTLU HEREON MEETS 1HE MINIMUM REOLIII?E- MEN1 S AVPTE D BY ` THE F S P.L S AND THE F1 1A I 4AWN my dA*E APPROVEQ 84, L.R.C. -2?Td R J NccKco ¦r SCA4[ LU WILLIAM C. KEATING - F1EG LlRVEYOR NO 1520 ? C K R 4y AM 1231 KArr 011Mr9 F., 1• t i • ? o r b tecy yfich 0 F r r 1` 1 r F r w? Is Ap, f r' 41 ' F r I 1 ' • FI W i 1,? ASTER STREET l 4 14 7r^! 712 ` y 7 7` ` 7?1 ... -__j l V V _w...- _ Go ?', 7101 co 711 3 Q14 7 10 7 ot? 709 7_ r'Z 12, oG 707 705 pre 1 rG Q 71& ry:o4 7D5 1707 ` 7oz 7o5 3 2 4711 7rI F 7011 23 700 Tar 1 pD 2 N o2 7- 77 01 40 tc a 1 71a tV b h Y7 tL •r1 ,3? i 3 'to ACACIA TR 7U5 3 IM-I !Ui CF) 2 708 vg ?,°,+ &hrog r4, 2 a s 3 ? 4 3 2 4 •? ! r• m 1 fi76 L 3 1 Y? 5 CONDO 71 3?4 3 j 2 ?' Y? ss3 7S 1 ° _ nai 4??2fl G80 8 675 ro o . 4 'u o I qi` .J ° SOMERSET ' STR • ?"?'? '° cgs 1 a N N ry M a b71 °i t?" 44 3 ass 4 5 6 7 6 9 10 11 t 60 ss' Got 13 2 613 COLD 14 1 11 10 1 A z ss7 s6G to 687 13 665 5 8 664 U1 12 ? ° .`_ 4 ry r) tj _ 685 t - THE CAMBRIA 5TR ° g ?4 PEIHOO bar ' " ^ N this "1656 14 CONDO. L79 a 4 I~5 6 7 8 Q 57 7 3 m 677 bl07 4 s 4575 M u 3 M ` 6 t 5 C55 7 '1 5 67S _ 6511 I 13 L1 11 110 Q4 F`'+ Q 659 73 --jt 649 o I t°v t°y 655 5m n1E 65r f 12 650 G69 - - 8 !? ID SIR p Gas I _. 17 a fec? 7 SURFSME 1p) CONDO. GI0 5 6433 18 c w 4w 70--1 13 11 10 z 2 A 1 A ° esf ?? 3 4` 5 5 4 M 20 G STR n 1 spy 1 VLW OF CLW. ° ROY LO WAY BE . CON 0.626 , s0--lls D291 N 1v 4?1 1i 2 684 61/12 ., z`~?h vN Gsz ,? 111 101 9 g 1 ° czs3a+ sza e : ! ?1 / / 1 g HEILWOOD STR E ?-T > 40 ti a N t? GfI 4 3 C2626 4 1 5 6 6 ' 'y / c ESPLANADE °o62? r 5 Gw2 613 Gr2 617 _ 0 lift CID 85 4 13 11+10 6 13 li L19 5 6r$ I t"v t ° Co 7 9 co .D?-6i 1 2 Lp 1 ???4 SIGN VARIANCE REQUEST NAME: MONTEREY MOTEL APARTMENTS /DAVID AND SHARON CASTILL 0 SV # 4-25 PUBLIC HEARING DATE : August 4, 1994 ATLAS PAGE: 218A SEC: Q-5 TWP: 22 S RGE: 15 E CLEARWATER CiT'Y COMMISSION . I_ ,m • r ' a i 0 WON" ¦ a ,i b 1 1 G 1 ? w Item # • Clearwater City Commission Meeting Date: I WK Agenda Cover Memorandum SUBJECT: Variance to the Sign Regulations; 110 Island Way; Prances P. King, Trustee/island Estates Realty, Inc. (Owner/Applicant); • Bill King or Joanne Hiller (Representative). (SV 94-26) RECOMMENDATIONNOTION: Approve the following variances: (1) an area variance of 8.8 square feet from the permitted 64 square feet to allow attached signs with an area of 72.8 square feet, and (2) a sign area ratio variance of 0.12 square feet per foot of building width from the permitted 1.5 square feet per foot of building width to allow a sign area of 1.62,square feet per foot of building width, on property identified as Sec. 8-29-15, M & B 13.05, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following, conditions: (a) no freestanding sign be placed on this property, and (b) the sign on the south face of the building be removed. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting the following variances: (1) an area variance of 8.8 square feet from the permitted 64 square feet to allow attached signs with an area of 72.8 square feet, and (2) a sign area ratio variance of 0.12 square feet per foot of building width from the permitted 1.5 square feet per foot of building width to allow a sign area of 1.62 square feet per foot of building width. The subject property is located on the west side of Island Way, north of Windward Passage, and is in the General Commercial zoning district. The variance is requested to permit the continuation of the attached "Island Estates Realty" sign on the east face of the building oriented toward .island Way. The 6.3 square foot sign on the south face of the building will be removed. Pertinent summary information is listed in the following table. Reviewed by: Originating Dept: Costs: # NIA Commission Action: Legal N/A _ CENTRAL PERMITTING Total ? Approved Budget Purchasing N/A N/A El Approved /conditions Risk Mgmt. N/A User Dept: S Current Fiscal Yr. ? Denied Cis R /A ? Continued to: ACM ?C Funding Source: Other N/A J ? Capital Imp . Advertised: ? Operating Attachments: Date: 0 other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET 13 Not Required MAPS Submitted by: Affected 'Partlos ? None ® Notified Appropriation Code• . Ci(,W M. agfi er 0 Not Required 0 ..Printed on recycled paper SV 94-26 Page 2 Information Existing/Proposed Permitted ,Type of sign Attached Yes Location/orientation of sign Island Way Yes Area 79.1 sq. ft.172.8 sq. ft. 64 sq. ft. Ratio 1.62 sq. ft./1 ft. of building width 1.5 sq. ft.11 ft. of building width Staff Comments/Proposed Conditions: Subject property has no freestanding sign. According to the application, in 1984, this site was purposely designed without a freestanding sign in order to enhance the aesthetics of the area. However, the attached sign on the east building face is larger than the code now allows. It is 8.8 square feet greater than the 64 square feet allowed. This is a 14% deviation. The existing sign area yields a ratio of 1.62 square feet per foot of building width. This is an 8% deviation from the code. Given the lack of a freestanding sign, these variances are relatively minor deviations. SURROUNDING LAND USES Direction Existing Land Uses North Shopping center South Bank East Condominiums West Retail complex The existence of this 72.8 square foot attached sign is in keeping with the character of signs permitted' for the surrounding area. The granting of this variance will not detract from the businesses that have conforming signs and will not adversely affect the appearance of the community. Applicable Variance -Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the' petitioner's request meets all of the standards. In particular, the following standards do appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable, to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. F ?'?•1 /Y 11 , r I SV 94-26 Page 3 (3) The variance is not based exclusively upon the desire for economic or other material gain, by the applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Rel van Previous Decisions h the Commission:' ATTACHED SIGN AREA :.:CASE.#:. :ADDRESS . .. .. NAME VARIANCES..:.::: MEETING"'.. . REQUESTED/ACTION. :..:..... . :.DATE' . : . SV 92-19 27001 U.S. 19 J.C. Penney 329 sq. ft./Denied 10/15/92 Co. SV 92-42 714 Cleveland St. Trickel 70 sq. ft./Approved 219193 Jewelers SV 93-73 2200 Gulf to Bay Goodyear 136, sq. ft./Denied 1119193 ' Auto SV 93-37' 20505 U.S. 19 Burdines 1851185 s q. ft./Denied 1124194 SV 93-96 1499 Gulf to Bay Barnett 43.5/49.5 sq. ft./Approved 1/24/94 Bank SV 93=32 20505 U.S. 19 Poston's 194 s q. ft./Approved 217194 SV 93-49 1420 S. Missouri Good 22.6 sq. ft./Approved 217194 Rentals SV 93-106 704' Court St. Workbench 7.9 s q. ft./A roved 3121194 SV b3-39 20505 U:S. 19 Dillard's 21.26 s q. ft./A roved 4/19194 SV 92-90 423 East Shore Olympia 51.6 sq. ft./Denied 4127/94 Motel `u. a ? . . .i'S` .. .. . . SV' 94-26 Page 4 RATIO A SEI'' ;`ADDRESS NAME`•.... VARIANCES ..-? '?<..:.. MEETING' : :.....:... ' ..:.. , .. , .° REQUESTED/ACTION,.:.'. ;' .' : :.:..:.....:..'.. DATE: SV-92-34 1685 Gulf to Walgreens. 2.9-sq. ft./1 ft. width - 9128/93 Ba Denied SV 93-69 1645 Gulf to 30-Minute Coin 0.79 sq. ft./1 ft. width - 1119193 Bay L.aundr Approved SV 93-15 1407 Gulf to Hugh Grant Realty 0.83 sq. ft./1 ft. width - 1119/93 , Ba and Builders Approved ' SV 93-32 20505 U.S. Poston's 1.57 sq. ft./1 ft. width - 217194 19 Denied 0.72 sq., ft./1 ft. width - A roved' SV 93-30' 20505 U.S. Gayfers 0.027 sq. ft-/1 ft. width- 4/27194 '19 Denied SV 92-90 423 East Olympia Motel 1.1 sq. ft./1 ft. width - 4/27/93 . Shore Denied j } :: "e .s t1TAN mma Fm VNRImm AmmvAL XrAff FIMMOM III There aro speolol circt instances related to the particular Subjsat property has no,freestonding sign. 'According to the phyelcal surroundings, shape or topographical conditions application, In 1884, this site was purposely designed applicable to the land or huildingi, and such circumstances without a freestanding sign In order to enhance the aesthetics are peouUar to such land or buildings and do not apply of the area. However, the attached sign on the east building generally to the land or buildings In the applicable zoning face is larger then the code now allows,. It Is 8.8 square feet district. greater than the 64 square foot allowed. This Is a 14% deviation. The existing sign area yields a ratio of,1.82 square feet per font of building width. This Is an 8% deviation from the code. Clven the lack of a freestanding sign, these variances are relatively minor doviatlons. (2) Tha strict application of the provisions of the code would The existing 72.8 square foot attached sign is a reasonable deprive the applicant of the raasonsble use of the land or use, buildings. (3) The variance Is not based exclusively upon r1he desire for Given the special circumstances applicable to this properly, economic or other material gain by the applicant or owner. the variance request appears to satisfy this condition. (4) The granting of the variance will be In harmony with tha The sign regulations were adopted with the Intent of general purpose end Intent of the land development code and enhancing the visual quallty of the City's streets and °. comprehsnslve plan and will not be materially injurious to' landscape In order to protect the value of properties and the surrounding properties or otherwise detrimental to the public wellbeing of the local tourist oriented economy. The welfare., granting of this variance appears to be consistent with this Intent. r I 1 I •fj'Ifi•?ft?rFi•?'; ? '?S•?l Fit-'?j• ?'? !•. z Sd Receipt #t . 11 51, 3 c, q PROPERTY OWN R(S) NAME & ADDRESS: Frances P. King truest 1 CITY OF CLEARWATER q rn _ VARIANCE APPLICATION V# Unit 2031700 Island Way Clearwater,, Fl. 34630 REPRESENTATIVE(S) (if any) NAME & ADDRESS: Bill Kin ( son 240 )Windward Epp, 'L. Joanne Hiller daughter) 'Camden Dr. Clw. TELEPHONE: (813) 446-2657 TELEPHONE: (813) 442--9129 ( Bill) ADDRESS OF SUBJECT PROPERTY: 110 Island Way Clearwater, FL.. 447--0040 (Joanne) NAME OF BUSINESS (IF APPLICABLE):, Island Estates Realty. -_..- ZONING DISTRICT: CG LAND USE CLASSIFICATION: CC LAND AREA: ' 0.199 acres LEGAL DESCRIPTION OF SUBJECT PROPERTY: Sec 8-29-15, M&B 13.05 PARCEL NUMBER: 8 29 15 00000 130 0500 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462-5207. If more than one parcel number, attach 81/z x 11 inch. sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: island Estates Shopping -Center East: Islander. Condominium South: West- strip shopping center & Pick Quick VARIANCE(S) REQUEST: - 7Z.1 1. A variance of 9' sq ft to permit ?' sq ft of nonconforming. Attachod wall sinage -to remain. 2.'A variance of 0.12 so ft per ft width of business to nermi 1.62 sq ft per ft. to permit nonconforming sinagc to remain. REASON FOR REQUESTING VARIANCE(S): (Refer to Standards for Approved, nex-t page) In 1984 when our building was in the planning stage, it was our understanding that signs near the street, sidewalk or parking area or other areas away from _tht-- b1ui I ±1nr- mare nn-+. - T T considered aiksfzLxx aesthetical desirable, Thus d3 ri eri 1• ?nr±nrnnr?a+:A -- Y ?_r gn_. nur bu3,],d3,'ng be -- sineage on our bui-ldina. Thjs me darn bg mr3r-ing our bula:djng higher than-neaded-_ ( ;p - surupy and--note_our ninangf-- Int-33tion In 9G4) ?M Please note that we do-not have any neon signs,montnrs- ni cturTTCto _; n nur t.ri n nuge Only our building signs. ILlso, in an i nfo=P1 nurirpli of of > i-.:? 1• -rPCj fir ? . ?_ was f d w )'NOTE: Total a gnage on ui czng front aw o i.. an ours ss ess ian ed. Thus total i'ront ;ignago currently meets current regulations. CONTINUED ON REVERSE SIDE J:i S. ?1' e STANDARDS FOR APPROVAL: A variance shall not be granted by the Development Code Adjustment Board unless the Application and evidence presented clearly support the following conclusions: (1) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made.in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance. ' (2).. The particular physical surroundings, shape or topographical conditions of the property involved and the strict . application of the provisions of this development code would result in an unnecessary hardship upon the applicant. , (3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital "2" for the purpose of making reasonable use of the land. (4) The request fo'r a variance is not based primarily upon the desire of the applicant to secure a greater financial return from the property. (5) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located. (6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired will not adversely affect the public,health, safety, order convenience, or general welfare of the community. (8) The granting of the variance desired will not,violate the general spirit and intent of this development code. THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVi; : • Ilncku?4 poniti 'and nm a o1+7 Ann , npplioa6lr " Sworn to and subscribed before me this day of /I7I? A.D., 19 9 ` by .7 CfF1?u/dc P'?. who is personally known to me and/or has produced F. LAC''` -3-1 743 4as identification. STATE OF FLORIDA, COUNTY OF .4f T Notary Public, Commission No. &, Afa ?Sl9nnturcf ?RCZN F°^'d (Name of Notar y Typed, printed or stamped) NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. 3. ' • t41 `Sf .. .I IM .! yk i f.4 I I:.. , ..q, i . N k; : i,,, ?,f .S t :,i f' •'f'„!' ,r... :.R;T, s, . ,.2.° °". [•'.:" 'el D''i'i' +'r Yi,• ? 1. "ft -;s•lbfi .: 'it " .°.. '{,<:r. :'r' " : r; rf' :b a;, .K,`?• -` .° r` ?$?' :J- 7 .?"':. r!.,.r;fdb:: Ti €. ,t.J 4, ". , =r'.`t t+ :k-- 'r `:,1' .a{ 'j ,'' - '!. r. •i:, i; .L'° _ s.?;:'t. ' 3t '?'3 i{r({•:?r.? .is i Mfr, , cl? r"??" t. 1 t '?',t [n F.ir. {l.. k?,•: 1k1 lsi.'•ih? 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Va 3 y (t r 47 1 fL- - J < V? 7 31. »2b 224 2»5 L p?sS' k GE 59 DORY 2 217 C? ?? 8 60 218 219 3D ?-3 '? to 13/01 2f5 -a r3 j w 2f 3 7 to 61 2.9 211 , 2 209 r2 Is 207 t-6 62 28 205 6 Zoe »o7 / p :E 20 03 ? twj rv0 201 27 s 200 f45 5 63 zoo 201 . rso [ 148 j 13/02 146 64 130 !sf 26 125 4 65 25 !2? 125 fib 04 iu r2f co 66 !ra 119 24 y. ,..? ??' 67 23 1!,? 113 fJ PH. 11 113 10 Z ?6-1R A 68 o 22 o 13/04 Z rob !u7 PHASE 10 13/06 ros • p ya»ia E-i U 70 0 69 20 o too q foo 101 tl mR M 28 PASSAGE s 8 ao C 1 .S 5 C 5 /4 2 ? ?? 2 18 G CID 3 44 43 17 } ¢ as 37 16 as??a- f ova ? o a G 5 sz s1 15 <r Lp 6 ES TA r] PS, 26 2.T 14 °?' U T TRACT A 7 2 47-1 zo 60 19 13 9'5 - ? / : f 8 ?i Is 12 SIGN VARIANCE REQUEST NAME: FRANCES P. KING TRUSTEE / ISLAND ESTATES REALTY, INC / K. SV # A4-26 PUBLIC HEARING DATE : August 18, 1994 ATLAS PAGE: 267B SEC: P TWP: 29 S RGE: 15 E - CLEARWATER CITY COMMISSION: E. =1 i i , i a • cr -- occ Vt f , ,I I I I ! g ! I 1 r ' r ! 0 4 6 'Oki 3042)v 1 yyi R O M V 'YO 3wvl OHYIkgIM ` • I , A1t3Y 1 }A1• sunosSlh +1•--1 C jJei.= 1` ;Iii .F•E?. I's:% E"r f ']4Y 000a04330 . hoslgwk....•tj..?.. ??~ . I I `? L3 % E S b ! G 1 Item Meeting Date: Clearwater City Commission Agenda Cover Memorandum C SUBJECT: Variance.to the Sign Regulations; 108 N. Myrtle Ave.; Charles W. Finegan/Devoe and Raynolds Co. (Owner/Applicant/Representative). (SV 94-27) RECOMMENDATION/MOTION: Approve a variance to allow .the placement: of a new freestanding sign with a height of 20 feet, an area of 48 square feet, and a setback of 5 feet, in a zone where freestanding signs are not permitted, on property identified as Lots 12-22, inclusive, Block 16, Gould & Ewing's 2nd Addition, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the condition that the existing freestanding sign be removed. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The applicant is requesting a variance to allow the placement of a new freestanding sign Wth a height of 20 feet, an area of 48 square feet, and a setback of 5 feet, in a zone where freestanding signs are not permitted, The subject property is located on'the west side of Myrtle Ave., south of Drew St., and is in the Urban Center (Core) zoning district. The existing freestanding sign will be removed to make way for the new sign. Pertinent summary information is listed in the following table. W t; Revirkod by: Originating Dept: Caste: I NIA Cammission Action: Legal N/A CENTRAL PERMITTING Total ? Approved Budget Purchasing NZA N/A 5 13 Approved w/conditions Risk Hgmt. N/A ' User Dept: x Current Fiscal Yr. ? Denied cis 4A N Cl Continued to: - ?= Funding Source: Other NLA C] Capitol Imp . Advertised: ? operating Attachments: Date: © other APPLICATION J? Paper: Tampa Tribune VARIANCE WORKSHEET 17 MAPS ' Not Required Submitted by: Affected Parties ? None ® Notified Appropriation Code: F 0 Not Required ger Ci 'iii Printed on recycled paper r ?? ,I SV 94-27 Page 2 'I Information Existing /Proposed Permitted Type of sign Freestanding No Location/orientation of sign' Myrtle Ave. No freestanding sign permitted Area 91.5 sq. ft./48 sq. ft. No freestanding sign permitted Setback 3 ft. (Grove St.), 0 ft. No freestanding sign (Myrtle Ave.)/5 ft. permitted Height 27.3 ft./20 ft. No freestanding sign permitted Staff Comments/Proposed., Conditions: This property is developed with two buildings, both of which are substantially set back from Myrtle Ave. The building that is least set back is situated 53 feet from the Myrtle Ave. right of way. Consequently, if the use of the property is identified by attached signs alone, it would be inordinately difficult to identify the use from the Myrtle Ave. right of way. It is reasonable that a freestanding sign be allowed. The requested sign area is 48 square feet. On March 21, 1994, the City staff and City Commission established a direction regarding the area for freestanding signs in the downtown. That direction was to allow properties over an acre in size to have a 64 square foot sign, and to allow properties less than an acre to have a 24 square foot sign. This property has an area of 0.82 acres. Staff recommends approval of the requested 48 square foot area for several reasons. First, this property is only marginally shy of one acre; second, the requested sign area is 25% less than the area allowed for a one acre site; and third, properties on the opposite side of Myrtle Ave. are zoned to allow a 64 square foot sign regardless of property size. Regarding the requested 20 foot sign height, there exist circumstances that support approval. First, a 20 foot height would maintain an appropriate scale for a 48 square foot sign area; second, signs on the opposite side of Myrtle Ave, are allowed a height of 20 feet under the assigned zoning; and third, the western portion of the sign will overhang a parking space and the additional height is appropriate to avoid interference with the space. The sign will be meet the standard setback from the adjoining street rights of way. It will be located a minimum of five feet from Myrtle Ave, and Grove St. The above circumstances constitute special conditions applicable to this property. It appears that these conditions serve as the impetus for the variance request. Given these conditions, it does not appear that the variance is based exclusively upon a desire of the applicant to secure a greater ' economic gain. , f'u SV 94-27 ' Page 3 SURROUNDING LAND USES Direction Existing Land Uses North Business service South Business service East Vacant West Manufacturing The placement of a 20 foot high, 48 square foot sign is in character with the signs permitted for other downtown properties of this size and location. The granting of this variance will-not detract from properties that have conforming signs and will not adversely affect the appearance of downtown or the City. Applicable Variance Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff.finds that the , petitioner's request meets all of the standards. In particular, the following standards do appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the ` reasonable use of the land or buildings. (3) The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. n 4. F IM r . Ir t • I r , I . ' I ' r i'/, ' i 1 E r ' 1 1 r r SV 94-27 Page 4. Relevant. Previous Decisions by the Commission: FREESTANDING SIGNS IN THE URBAN CENTER CORE ZONE CASE.#: - ADDRESS NAME VARIANCES; : ::MEETING .,,,:. REQUESTED/ACTION, . DATE ` . SV 92-18 706 Drew St. Seven Oaks BP 2 freestanding 1124194 signs/Approved SV 93-97 305S. Pinellas County 1 freestanding 3121194 Osceola sign/Approved SV 93-100 121 N. Ft. Caryl's Natural 2 freestanding 3/21/94 ' Harrison Foods & Juice signs/Approved Bar ' SV 93-102 624 Court St. American Red 1 freestanding 3121194 Cross sign/Approved SV 93-107 606 Chestnut Fortune Savings 2 freestanding 3/21194 Bank signs/Approved SV 93-112. 619 Chestnut Pontrello,Law 1 freestanding 3121194 Office sign/Approved SV 94-11 415 S. Ft. Gruver's Chevron 1 freestanding 4/19/94 Harrison sign/Aperoved 1 ' r ? r ir', i •.y ? , ?r? VARIANCE WORKSHEET - CASE NUMBER SV 94-27 s3TAIOMARDR FOR VARIAf11CE APPROVAL XU" FIFbt14118 ' II I Thera arm special circumstances foisted to the particular This property Is developed with two bulldings, both of which physical surroundings. shape or topographical conditions are substantially met back from Myrtle Ave. The building that applicable to the land or buildings, and such circumstances Is bast set back Is situated 53 feet from the Myrtle Ave, right are peculiar to such land or bulldings end do not apply of way. Consequently, If the use of the property Is identlfled. generosity to the land or bulldings In the applicable zoning by attached signs alone, It would be Inordinately difficult to district. Identify the use from the Myrtle Ave. right of way. It Is reasonable that a freestanding sign be allowed. The requested sign area Is 48 squire feet. On March 21, 1884, the City staff and City Commission established a direction regarding the area for freestanding signs In the downtown. That direction was to allow properties over an acre In size to have it 84 square foot sign, and to allow properties lees than an acre to have ¦ 24 square foot sign. This property has an area of 0.82 norms. Approval of the requested 48 square foot area Is warranted for several reasons. First, this property In only marginally shy of one acre, second, the requested sign area Is 25% less than the area allowed for a one acre site, and third, properties on the opposite side of Myrtle Ave. are zoned to allows 84 square foot sign regardless of property size. Regarding the requested 20 toot sign height, there exist circumstances that support ¦pproval..First, a 20 foot height would maintain an appropriate scale for a 48 square foot sign ¦rea; second, signs on the opposite side of Myrtle Ave. are allowed a height of 20 feet under the assigned zoning; and third, the western portion of the sign will overhang a parking space and the additlonal height Is approprlate to avoid Interference with the space. Finally, the proposed sign will be positioned live feet from all property lines, the standard established for freestanding signs throughout the City. 12) The strict application of the provisions of the code would If the use of the property Is Identlfled by attached signs deprive the applicant of the reasonable use of the land or 'alone, it would be Inordinately difficult to Identify the use buildings, from the Myrtle Ave. right of way. 131 The variance Is not based exclusively upon the desire for The variance request appears to satisfy this condition, economic or other material gain by the applicant or owner. 141 The granting of the variance will be In harmony with the The sign regulations were adapted with the Intent of general purpose and Intent of the land development code and enhancing the visual quality of the Clty'e streets and comprehensive plan and will not be materially Injurious to landscape In order to protect the value of properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare. granting of this variance appears to be consistent with this Intent. r /` r 3,t .'?: , ?. )) y 41 e '.?tectics uZG3S SIGN VARIANCE APPUCAT10N V a 4 ^SV# SO.mo PROPERTY OWNER(S) NAME & ADDRESS: Charles W. Finegan M-Be e s e venue Belleau Beach, L 34635 REPRESENTATIVE(S) (it any) NAME & ADDRESS: Charles W. Fine a 108 N. Myrtle Avenue Clearwater, FL 34615 TELEPHONE: (813 ) 596-4986 TELEPHONE: ADDRESS OF SUBJECT, PROPEMY: 108 t4. Myrtle Avenue, Clearwater NAME OF BUSINESS .W APPS. CLABLE): Devoe and ' Raynol ds Co. ZONING DISTRICT: U. 0 ' (C) LAND USE CLASSIFICATION: D D D LAND AREA: LEGAL DESCRIPTION OF SUBJECT PROPERTY: Gould & Ewi ng's 2nd Addition Block 16 _ Lots 12 - 22 inclusive PARCEL NUMBER: 16 1 29 1 15 /32292 016 1 0120 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462-3207. If more than one parcel number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Business Service East- Vacant _ South: Business Service West: Man[]far g? VARIANCE(S) REQUEST: A variance to permit a freestanding sign of 48 square feet of sign area,_a height-- of,20 feet, and located no closer than 5 feet from a street right of way to remain w ere freestanding signs are prohibited. The granting of the variance will.not be materially detrimental or injurious to other property or improvements in the neighborhood in-which the pr6Qerty is located- REASON FOR REQUESTING VARtANCE(S): (Refer to Standards for Approval, next page) Devoe and Raynolds will suffer economic hardship if we'are not allowed a'sign on V „the street by which our customers can locate our store, CONTINUED ON REVERSE SIDE MDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and ence presented clearly support the following conclusions: (1) The variance requested arises from a condition which is unique to the pr6p6rty in 4ue!:t16n, and is neither ordinarily or uniformly applicable to the toning district.nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made In,the execution of a building permit or work performed without the benefit of a permit shell not be considered to be situations which support the granting of a variance. (2) The particular physlcAI surroundings, shape or topographical conditions of the property Involved and the strict application of the provisions of this development code world result In an unnecessary hardship upon the applicant. (3) The variance Is the minimum necessary to overcome the unnecessary hardship referred to in preceding thcital "2" for the purpose of making reasonable use of the land. (4) The request for a variance Is not based primarily upon the desire of the applicant to secure a greater financial return from the property. (5)?The granting of the variance will not be materially detrimental or injurious to ether property or improvements in the neighborhood in which the property is located. .16) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety In any way,'or substantially diminish or impair the value of surrounding property. (7) 'The variance desired will not adversely affect the public health, safety, order convenience, or general welfare of the community. 18) The granting of the variance desired will not violate the general spirit and intent of this development code, ATURE OF PROPERTY OWNER I--OR Y*RESENTATIVE OR BUSINESS OWNER) )rn to and subscribed before me this day of A.D., 19 . who is personally known to me -wWM, 'ram as identification. STATE OF FLORIDA, COUNTY OF . Notary Public, Commission N " r... SAMUEL 'el A+iEii, dfi. _?{ My COMMISMN 1 CC 23MI EXPIRES °` Dvobu 18, iw6 SQ M {d + . r n ^(' f 4;,,;A LOI+DFU PM TtSOl FA1fi UtSWWICE, ll. "r- - (Name of Notary typed, printed or stamped) ' 1 • , f l '. II ? I , ' r7 k 1-rydit: i ?,/.. f ?.- ..! li rd .L. _II._ ..I's'I . f .? f .. 1 ' •`' .. ? ?'4K I 4A FhBRIG?1?oRsC D?LIutJNG *s77z.+ AdveE ?h1?1t`? rah' nJ, MI -rLt AVC CtidA?l?vhtrt,FL. ? • ' I1' ` .rte-r?..w??...??... .. h• f +?-k.4AIMUM CAa,,Q& - W?k??YtrG N rI-buthurt Wl2RAJA lb Mme- NIL.?'. . !''. + UNt3R?A ?A el.? Ft.?X- rrtc?S lfultt{' ' ?''tr ?!N1LtA r l?rq- r?1 V? rU?i L Pb f C S • f J, = l t e 1 l I ? I '? . .r ? .! ?, ? ,. , ' l , ' .. '? • ' .I j ' I ' , . r= i i ^ , . p ? '»tit.4f s{',:'f. ?.i . ? t.? ?. ,. ? Vy ? ' .. .tom ,- tf'!...e ? se ••:, :*,. ¢.. ` . , , ,' 1 / y . ' . .. ' I .I - . ? Yt . ? , ,. .. ? ` . _ .,vr ' , rQ ??? x E r tuMl?umm Cpl d)Aim + ?t1f RYt i?' ; f , C#JAM&t ?tNi£N. O a WtfAWt„ ILLU MIAJAT76Au. 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NN to? ~ NN!") v+ m !•7 ?'J oN t 4 ,? 4 0 67 5 a24 q 3 ?Z + n ? ? ror FO a b b b n ° t, ° n r 40 m m 4 qa , 0 C) in o q v! m 207 20 19 18 17 205 1165- NG1- 225 ,p 1 2 3 4 g cm n y EE 7 ---- w - -0 - c+ 11 e0 J87 , N ro ti !a»- ?s h ?!u-? t7r+-ISiry ?i + to b tn b 30 to to m amo ch oi 7 432 1 109 7654 3Zt 3 22/031 5 gq 3 a 22/04 ?2 03 r2 1- 1) ? 1 13B 195 6 ;z 3 11/01 N # i >t _ w 7 `' . 32/02 ? g 2 z 110, MO NSON : :. 7 G E .... . r. E 2 1 1 a `' 2 4 GROVE STREET rr o5 0 4 t a o c co co 101 7 OA 9 , 7 201 o ra a to o 12 mD c 2 2 /05 "' n to S :: 15 , s .r 10 -- 3 13 14 58 , ? g 1 ? + 3 3r 5p 13 14 15 !G 17 18 12 13 14 15 16 ,. SARAH 22/06 15 IZ & G . 3 L no ?? b m ,tl0 4 co 0 ^ 0 g , -'v 2 l? p-_ {AURA g STREET LAURA a 7 o cc h McMULLEN t kk i 5 3 2 I 1 5 4 3 2 1 1,? Q R 7 VARIANCE REQUEST : SIGNS NAME: Devoe and Ra nolds Co. Fine an SV #.a4-27 PUBLIC HEARING ?ATE : August 4, 1994 ATLAS PAGE: 286B SEC: 15 TWP: 29 S RGE: 15 E CLEARWATER CITY COMMISSION ?r ? r 2 ? + I ' 'i ?I F . ?.fr. 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ORDINANCE NO: 5617-94 AN -ORDINANCE OF THE CITY- OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING 'SECTION 42.26, CODE 'OF ORDINANCES-,'TO PROVIDE REQUIREMENTS'FOR: WIRE, FENCES IN RESIDENTIAL ZONES; PROVIDING AN EFFECTIVE .. DATE. . BE, IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF "`. CLEARWATER, FLORIDA:, Section 1. Section 42.26, Code of Ordinances, is amended to;read: Sec. 42.26. Fences and walls.' ! (3)' -Materials. All fences and walls shall be constructed of materials a ppropriate:ta•their purpose and location.. In no instance shall corrugated or s hheet metal be ermi tted, 'and 'no', electric or ather- potentially .'injurious, hazardous. or noxious materials .or construction techniques, shall be permitted. :., Barbed -wire fences: may, be permi toted by the ' bu i 1 d i ng director in . accord ..with ' i f h ll b ' o " ?. ences s a e . In residential zones w re subsedti n (9 of this section: const_ructed_ o chain lin?Cwire only.. Section 2 . The provisions of this ordinance are found -ai)d determined .to be conslst? with the City of•Cl'earwater Comprehensive Plan. " Section 3. This ordinance shall take effect -immediately upon 'adoption". f PASSED.ON. FIRST READING July 21, 1994 PASSED ON SECOND 'AND' FINAL READING AND ADOPTED R-ifa Garvey Mayor.-Commissioner. Attest: yn .i a ou eau City Cleric Approved'as to form and correctness: a rat r :. Senior Assist c'YW City Attorney ilia ; : ??•i y ?Iry J ?-!, t ? .1,? {'?, a ?. qa'?- 'ter I • ``' `' ''?; ?. 'ORDINANCE NO. 20. AN ORDINANCE OF THE CITY OF' CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFINITION OF , PERSONAL SERVICES; AMENDING SECTIONS'40.284 AND 40.3041 CODE OF ORDINANCES, TO'PROVIDE FOR PERSONAL SERVICES AS CONDITIONAL USES IN THE LIMITED OFFICE AND GENERAL OFFICE ZONING DISTRICTS; AMENDING SECTION 41.053, CODE OF ORDINANCES, ESTABLISHING SUPPLEMENTARY STANDARDS FOR SUCH USES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY. COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 35.11, Code of Ordinances, is amended to read: Sec, 35.11. Definitions. The following words, terms, and 'phrases, when used in this'development code-, shall have the meanings ascribed to them in this section, except where the' context clearly indicates a different meaning:' _ "Personal'service" means.a business'primarily engaged in providing_services i nvo 1 v i na the care of a person or his or her personal goods or apparel. , sff?rlng r Such.business shall not conveyance of a product.- --6 primarily involve theesale of merchandise 2r- a•TT`]^ ..'}e ,,'C-!Ye k-t'C'j"n.. .1:.-..1r., of n..+nv.ier equimmen?' nrz.l.i_f•__i.ar_svr! rl? Tn?l?.7r . [Tr i [i J This category of use shall- includes the following services: .'ba'rbershop, beauty salon, clothing dry cleaner, laundromat, shoe repair, print shop, pet groomer, tailor, wcontrol or fitness.therao offices clinics not having a state medical license, and like personal service uses., Section 2. Section 40.284, Code of Ordinances, is amended.,to read: Sec. 40.284. Conditional uses. r Within limited office districts, the following uses maybe allowed as conditional uses: . 12 Personal services, Section 3. Section 40'.304, Code of Ordinances, is amended to read: Sec. 40.304. Conditional uses, Within. general office' districts, .the following uses may be allowed as conditional uses: ,. Personal services .•' w E k• Section 4, Section 41.053, Code of Ordinances, is amended to read: Sec. .41::053. Supplementary standards,by,category of use. The.standards in this section which apply to the, identified category of use, shall supplement the general standards of use identified in section 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (24) Personal services may be permitted in,the limited office_,__ general ';'• office. 'and research, development and office park districts upon determination . that. use' -he (a) In research; development and office park districts, the ` provides, as its primary purpose, services-to a property•or properties containing one'' or more of the permitted uses of the research, development and office park district and is located not more than one-quarter mile from such property or properties'. In limited office and `general office districts, the use' steal l be limited-to beauty salons and barber shops onl and shall not have hours of o eraflon incompatible with surrounding uses parking generated b the use, shall not • overburden existing _ or prop_o_s_ed__park i ng facilities. Ste444 The use complies with all of the general standards contained in section 41.052. Section 5. The 'provisions of this ordinance have been found to be co.nsi•stent with the City of Clearwater,Comprehensive Plan. Section 6'. This ordinance shall take effect immediate'ly.upon adoption. PASSED ON FIRST READING Jul 21 1994 PASSED.ON SECOND AND FINAL READING AND ADOPTED T Rita Garvey Mayor-Commissioner. r Attest: Cynthia E. Goudeau City Clerk Approved as form and correctness: M. A. Galb aith, r. ' Senior Assistant Ci y Attorney .` Yi .pT4ryR i4u 3' S` 1?E. IFS , iuJ.. .,. .. .'.,, ri, ,,:..i?r:j?t ?7+':'J,. .I, •I { r ,.'fi'r ORDINANCE NO. 5633-94 1 . AN ORDINANCE- OF THE CITY OF CLEARWATER,'FLORIDA,., AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 5516-94• - WHICH ,AMENDED THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY-TO CHANGE'THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF COURT STREET AND EAST OF GREENWOOD'AVENUE,•CONSISTING OF LOTS 1 THROUGH 12, BLOCK B-3,. MARY LAND SUBDIVISION, AND THE ZEST ONE--HALF OF THE ABUTTING VACATED RIGHT-OF-WAY OF' MADISON AVENUE, WHOSE POST OFFICE ADDRESS IS 1100•. ' PINE. AVENUE, FROM RESIDENTIAL/OFFICE GENERAL TO RESIDENTIAL HIGH; PROVIDING FOR SEVERANCE; PROVIDING AN r EFFECTIVE DATE. WHEREAS, Ordinance No. 5516-94 was adopted on second reading on January 20, 1994',' amending the future land use plan element for Lots.1 through 12, Block B-?3, ' Mary.Land.Subdivision and the abutting vacated right-of-way of Madison Avenue,' from Residential'/Office General to Residential High, -and establishing: an effective date; and t WHEREAS,, Section .3 of said ordinance does not make the effective date contingent upon the determination by the state land planning agency or. the Administrative Commission of the State of Florida.,' as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land.'Development Regulation Act, pursuant to § 163.3189,'Florida Statutes; and WHEREAS, the Florida Department of Community Aff a'i rs has informed the City l that it will not process this future land use plan amendment until the ordinance is amended to?include such requirements; now, therefore, BE, IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,'FLORIDA:' Section 1. Section.-3 of Ordinance No. 5516--94 is deleted and the following Section 3 is substituted: Section 3. This ordinance shall take effect immediately upon adoption, subject to,the'?pproval of the land use designat•ion'by the Pinellas County" Board of County Commissioners and subject to a determination by the state land- planning agency or the.` Administrative Commission of'the State of Florida, as appropriate, of compliance. with the 'applicable requirements of the Local Government Comprehensive' Planning and L'a.n'd"Development Regulation Act, pursuant to §- 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning' Council. an application to amend the Countywide Plan in .` order to'achieve consistency with.the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Section 2. All other provisions of Ordinance Flo. 55161-94 remain as stated. in the adopted ord i'na•nce . +' f f ' ., .r. r ._ 3 ', .•.ti .,`3'11+• .!•=? 7t`J? i 4`! ?ifr,?K.1 - ,t' i •.J'- ,.f:'t 1'? 4' y *j?.+ r.t ':I 'YI'': i , 7' r/ •i•l'? 'j ?r, t III '3 'v° .? '.,}.. `i 't. '.i i??. j':' 1. ?? i',;. •.3. `'r,t r:?af.`r t`r :??:' ?1pp,, 5. ?,.•??? r'1 ; w.?? . ':, ??.fp . . '?.1. X. ' q:.i. t ' 'r;r J'•?', ' ' x^ elJ' t f ? "? t r 1 t li; vr'•i j'' , `, y . ? . i ? .. s , e lyr .r , :r r . : ??yy, . . : e.Jf; ,,,, 7 :; .. .{: : S t. :3 31: !F .? #9V1?: I, ?` :i' i { - .. ? t I , ` ,r t: , .. • : F r ? J'I' ? • ° •- GA's ' t..t ? .i J.? .. ? ' I tl11 ~' 1. ..f r - ! hf ? f.. ti .< .t,14r •t t • r ' 1,Jbfb, ' 1°? ' ? ?'f F.. f .t ,.r i'..1„t?J ,; f'. ? ff tr 'r a J, 'i??r 'tI • ' tr .1 ', r .. <. .. . 1 7 ?I ,?? a'Je ? a f 7J, •, I ' ' 4 . 't°" .e?' t '' ,,i!?' };{"y;•.';? •r' r ? ? lr' y j ti,t` :' i {,:?: ,. "): < r+ .4 f .?, AEI ?J}? ti? ' 'i . , . a .. €' '` •?1' is f ?'f ? ? ' r : , J 1 . : +' ' .1 ? 't . ? 1 ? i- ?f,; 1. '?, •et. ./; ? e ? ` , i ?j ? n ,.7 ?.7 .S S. II Y`? r [ ' s f 6 . l. .a , ct t?Y.,, ( Y 'S^ -ll? }-??.dl, 1,?;%•?' !! ?•Y ? J - I , .! ! ,Y.'Yrr• ? .. .f. 11. •f'. !'??. r•JI` ,?t'1?? L: . {r L '. ? • '' r ' ? ? \ • $ ? tf.? ir -• !;? Y ?.'e t ; f ' s . .rrr 6. ! r' :f: .S •@`??T' ,1 i ?('f? 1Tj ?} ! . I /' :\.l r .: ??tA:. V'(•:h4:. R ? ) .L7.: , ,l ?} "rdl;? .?C ?,xr?•??•U, by,?i 1-'?1 Ire ? ? .< • r ` J Y ' > i s . . , d• !. ? r / t rrt7 .r. rya f. S a •• « r!'yi•.,!..,}r.4:t. , ! . ; ( .Y'S:r'41'L•?a.,i<S-.?S[+. •f,.i'1?d•i?rT?, iY; .' :S'+.r r .. jj>•k a +•fe i.fl..•f`,. • .-rtt 1'., P. ..., , .'7,: ef'?, d ..ll ?.r ?,6 .r.If 'Section' 3: If 'this ,ordinance or any provision hereof is declared ifival id, 'such-declaration shall not affect the validity of Ordina6ce.5516-94, which snail ., , continuie. in fuI l force and. effect as if this ordinance had not -been adopted: To- . : ' . . achieve that'objective,: h s ordinance'and,Ats provisions are'declared 's'everable: : Section 4. This ordinance effect immediately' upon adoption. shal l take , , + - ' ON. FIRST READING 'PASSED '1 . July -2,• 1994 '. r. PASSED ON SECOND AND FINAL READING AND ADOPTED ,. Rita Garvey ' Mayor-Commissioner Attest.' a Cynthia E . Goudeap.. City.•Clerk Approved as to` Form aiid !correctness: ` r i ..... s .. ht. A. Galbrait ,O i Senior,Assista t ty Attorney ; 11'x' - ? ? r ? .. i ' 1 J_. .. 1 ! • VI r r _ • ' r? _, .. 'ire •;v- ?.,?- - -_-_____-_ - - - ___- -- _- -__ :w: -_-___.-_-_-_ :Ytr..t'.,.,,,i1,:.'r:s.•F..•.S.i.?It{'?Ii,i-'iStru7?t. S 'r,'ySy .t ? i% p Y. r• r I , ORDINANCE NO. 5635-94 , AN ORDINANCE OF •THE CITY OF CLEARWATER,• FLORIDA, AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 5531-94 WHICH AMENDED THE FUTURE. LAND USE ELEMENT' OF THE COMPREHENSIVE PLAN OF THE CLTY TO :CHANGE -THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY.,LOCATED AT :THE' SOUTHEAST CORNER. OF THE INTERSECTION OF SEMINOLE •STREET ; AND NORTH MISSOURI AVENUE, CONSISTING OF LOT •120 BLOCK B, LESS ROAD ON THE WEST, AND THE NORTH 135 FEET OF'UNPLATTED BLOCK C WEST OF THE 1/2'SECTION LINE NEW COUNTRY CLUB ADDITION,11HOSE POST OFFICE ADDRESS IS 701 NORTH MISSOURI AVENUE, FROM RECREATION/OPEN SPACE TO INSTITUTIONAL;- PROVIDING=FOR'SEVERANCE; PROVIDING AN EFFECTIVE DATE.. WHEREAS, Ordinance No. 5531--94 was adopted on second reading on.February 3,. 1994, amending the future land use plan element for.Lot 12; Blook B, less the road on the West, and-the North 135 feet of unplatted Block tirl ,West of the .1/2 section: Brie, New Country Club Addition, from Recreation/Open Space.'to Instritutional.,'and establishing an effective date; and WHEREAS;.Section. 3. of said ordinance does not make the effective' date contingent,. upon the determination by the state land planning agency'or the'` Administrative Corgimission of the State of. Florida,. as appropriate; of compliance with the, applicable, requirements of the Local Government Comprehensive•Planning and.Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes; " and N WHEREAS, the F lori'da Department of Community Affairs has informed the C i ty• that Jt'wi l l not process this future land use plan amendment unti 1 the ordinance ` is'amended to include such.requirements; now,.therefore, BE -IT ORDAINED BY THE CITY COMMISSION OF THE CITY= OF CLEARWATER, FLORIDA: Section 1. 'Section 3 of;Ordinance No. 5531-94 is deleted and,the following Section 3 is substituted. Section 3. This ordinance shall take effect'immediately upon adoprtion, subject to'the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to,a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable' requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Director of Central Permitting is 'authorized to transmit to the Pinellas County Planning Councillan.appIication to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Section 2. All other provisions of Ordinance No. 5531-94 remain as stated in the adopted ordinance.. Fair' ??b ' ,-A ?I.IYS?•'?' r ? ? ? 'r``''?? ? f. r':?r'` Ti ' ? J ? ? ? ,r ., •i. ,3 '<; ,,,• .'>.' F, ?'e ?,' ?A?.:. ?? ; 1'? ? r. ? }•"` ??' i ':y r : .. '??' ' ? i i r ? r, ? .. ,'' ? J?,? • ? '?F3.T1 1, i:? , • , .s3 • , ? ?r .. `r ?-, •`, ?' j .,, -F ?fiati>;rr.: t.f:.',`;.' , c S, r+k,kL •?i+?Crh :S Mfg#s"?`da. l: i r M .. ?' :r ., Section 3. If: this ordinance or any provision hereof is declared invalid,' ' ':=:'''?• such.'declaration.shall not affect the-va+lidityrof Ordinance 5531.-'94, which shall`,` continue ' •i n ju" 11 force and 'effect as if this ordinance had not been adopted. 'Jo, $e'•;t•,'•:'; •' achieve'that,objectian, this ordinance and its provisions are declared severable. ,rSection 4.1. This ordinance shall take, effect immediately.upan adoption..', PASSED. ON FIRST ,READING July' 21, 1994 " PASSED ON-SECOND AND FINAL READING 'AND 'ADOPTED Rita Garvey f. Mayor-Commissioner .. Attest: Cynthia. E Goudeau i. Approved as o form and correctness. }. : ,.. z.?:. M. A-. Galbraith/ Jr.], ;. Senior Ass1stan y Attorney , ,fir •?"A ? r ? e ?, 1 . .? , r „ r ! ` r t ?, 1 ,r r "1 ?y,`r .? !?. ? •. r ` ,3, ? ! r J ? ? ,'? ? .,. a .. ?, .Y •!r v1 `h ?f.cf.W 'i S r ? 1 J. f ,y •• S4o.Y?t'7i? f "i' ?r,r?r ?'• ;`StEt`???; , f ,. e: .. tsf. •:. ti'e' • f :.l _E,' '.j '. 'f a f. ! '+± ? aA+,;': . ?.. '?- .'>Jr f. `.ia`r1-!!. •'i"•'7 • .•. . ., r r , f f ', ORDINANCE NO: 5636.94 AN ORDINANCE OF THE CITY. OF CLEARWATER, FLORIDA, 1 AMENDING THE EFFECTIVE DATE OF ORDINANCE NOY 5461-93 WHICH AMENDED THE FUTURE' LAND USE' ELEMENT' OF''THE COMPREHENSIVE PLAN, OF THE CITY TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL' PROPERTY LOCATED AT. THE SOUTHEAST CORNER OF THE INTERSECTION OF TURNER STREET AND ORANGE AVENUE, 'CONSISTING OF LOT 4, MAP OF TURNERS 'SUBDIVISION NO. 3, WHOSE POST OFFICE ADDRESSES ARE 6011 605 AND 607 ORANGE STREET, AND CERTAIN REAL PROPERTIES ON THE WEST SIDE OF BAY AVENUE, CONSISTING OF PART OF LOTS.1 AND 2, TURNER'S 'THIRD ADDITION, WHOSE POST OFFICE ADDRESSES ARE 604 AND 606 BAY AVENUE, FROM MEDIUM DENSITY ' RESIDENTIAL ' AND 'RESIDENTIAL/OFFICE, TO - INSTITUTIONAL; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE, WHEREAS, Ordinance No. 5461--93 was adopted on second reading on January 6, 1994, amending 'the future land use plan element for Lot 4, Map of Turners Subdivision No. 3, and part of Lots I and 2., Turner's Third Addition, from Medium, ' Density Residential and Residential/Office to I6sti,tutiona1, and establishing an effective date; and WHEREAS, Section 3'of, said ordinance does not make the effective date contingent upon the determination by the state land 'planning agency, or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning s and Land Development-Regulation Act; pursuant to § 163.3189, F.]orida Statutes; and WHEREAS, the Florida Department of Community'Affairs has informed the City that it'will not process this future land use plan amendment until the ordinance As amended to include such requirements; now, therefore, BE,,IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sectiony 1. Section 3 of Ordinance Nd. 5461-93 is deleted and the fol lowing . ' -Section 3 is substituted: ' Section 3. This ordinance shall take effeci immediately upon adoption, subject'to the approval of the land use designation by,the Pinellas County Board of County Commissioners and subject to a determination by the . state land, planning agency or the "Administrative.Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government, Comprehensive.Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Director of Central Permitting.is authorized to transmit to the Pinellas County, Planning Council an app]ication- 'to amend, the: Cpuntywi,de,'Plan in order to achieve consistency with the Future Land Use Plan Element of -the City's Comprehens i,ve Plan as amended by this ord i r6ancef. pbi. ti• r?tl T. .`E..rx x7,i rt?;fh.??S rk?, ?, "?`: t?j',: ,^a ,.1" r +;- 'r' :7 ''f' s' • ?7? "'It'?•',"°'r.` ; 'F Ih ,''!?./F`ss?. "75 ?' ":Y ? is 'r, •4 5., ` , = 'f?' > > 4<G. >'. r i, ?•r.+:/:?:{'aJ?si.';.lp ?'n Sff Ili ?trl rr- .'' '.+ .•i, :r.' ?, ,`,, r ., r r r, .. r ," 'a •' .c"ra:+'?3"FkkY '".'_ :Pj. .a,,i.x••An •i Y„••JP It r ,3'r!R?.'ji•r .1' '``; z;sl.. i?•:S_..1.'i ? -t - •• , ?s , , ? 1' .',? ?:-_. fir' ?, x; '3.• ,.r. rr •a4>! tFlkfFi.?;t?^.a1r ,. '?: .., , ,... ?.s%.....:.i'r?i`=f f[',?'aS,Xt.xU. .,, .. .' •: , ',L - l.v . . .. ,rj' t.. . .• Ir ?a.." .. ...., +. .. ?f `r.. r'?M1 i Section 2. A11 other' provisions 'of Ordinance No. 5461-93 remain as 'stated " in the adopted ordinance. Section 3. ' I f th i s ordinance or any prov i s i.on hereof ' i s decl aced , i nval i d, such declaration shall not affect the validity of'Ordinance 5461-931 which -shall ; continue: in'fu'i1 force and effect as if this ordinance had`,not -been adopted. Jo, .s atchieve"`that objective, this ordinance and its, provisions are declared severable. Section 4. ' This ordinance shall take effect immediately' upont.adoption. ., PASSED ,ON FIRST READING ' July, 21, 1994 .,< PASSED ON SECONDHAND FINAL READING AND' ADOPTED Rita Garvey ` Mayor-Commissioner. ?' 'Attest: ; - I' s f, p Cynt 'ia E. Goudeau City Clerk y Approved as. to form and correctness; r Ir . y M. 'A.. Ga lbraith, ' :Senior.Assist.ant?Ci .Attorney. a; i! r' 1 a3?4thfYr?':'i,y?"?tti', P:;t?., s:;,it4•e1i•" a?i, ??x 4 t f • r 'r` , J ' I ' ' iF ? ./i .f 7 , + • • J 1 F , ', I J ' YS I . ' - 1'`t1Lt?J'}'; i'., r r .;' J..f?:;:7,•.ew?St+: 1' iYS=.7 ORDINANCE NO. 5637-94 " -AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, . AMENDING - THE EFFECTIVE DATE OF ORDINANCE NO. 5533-94 WHICH AMENDED THE FUTURE LAND USE. ELEMENT OF 'THE COMPREHENSIVE PLAN OF THE CITY JO CHANGE THE LAND USE rF ." DESIGNATION FOR CERTAIN-REAL PROPERTY LOCATED. ON THE WEST SIDE- OF MCMULLEN-800TH ROAD ACROSS FROM. ITS INTERSECTION WITH BRIAR CREEK BOULEVARD, CONSISTING OF :r PARCEL A, TURTLE BROOKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3190 MCMULLEN-BOOTH ROAD; FROM RESIDENTIAL ' SUBURBAN TO INSTITUTIONAL; PROVIDING FOR 'SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No.-5533-9 ' 4 was adopted on second reading on February, 3, 1994, amending the'future land use!plan'element for Parcel A,'Turtle Brooke :.:. .Subdivision, and establishi.ng an effective date; and " WHEREAS, Section 3 of said ordinance doe-s' not make the effective date contingent upon the determination' by the state land planning agency or the' Administrative Commission of the State of Florida, as'appropriate; of compliance with the applicable requirements of the Local Government Comprehensive Planning- . and Land Development Regulation Act, pursuant to § 163.3189, FTortda Statutes; . .and > WHEREAS, the Florida Department of Community: Affairs-has informed the. City, that it will not process this future nand use plan amendment until the ordinance" 'is amended'to include such requirements; now, therefore,, .. BE IT ORDAINED BY THE, CITY' COMNISSI0t OF , THE CITY 'OF CLEARWATER, FLORIDA:' 'Section 1. Section 3 of Ordinance No. 5533-93 is deleted and" the following Section .3 'is substituted Section 3. This ordinance shall take effect iminediate,ly upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners 'and subject to a 'determination by. the state land planning agency or' the Administrative Commission,of the SiAte of Florida, as appropriate, of compliance with, the applicable requirements of the Local Ggvernment?Comprehensive Planning and Land Development.Regulation Act,' pursuant, to §' 163.3189, Florida Statutes. The Director of CedtrM Permitting is authorized to transmit to the Pinellas County Planning, Council. an application to amend the Countywide 'Plan in. order to achieve consistency with-the Future Land Use PIAn Element' of the City's Comprehensive Plan as amended by•thiskordinance. Section 2. A]1'other provisions of Ordinance No. 5533-94 remain as stated ` ! in the adopted.ordinance, 1yt?' .? . r - ,Se ,- 7 i!f ,{:Z '?{/. , ^?'+??.-} .,,.ti<, .??. -. e' I r • GI } ,?!+:K ?' 'et 7 _ .?w ..C i.'YR,r tTi'?;;:t?,•k•?-, r ,b :fi ,r?,ti1`;`?e\'PtLr,.?. ?,. l;" I, "S'' .j' ?f.' r• f rir??':i ? :'I1?`, ',? r i . _ , ' e ' '1 r,,'?•, . !' = , , r '.. ' ' ' . ' ,n r1' A . E , '' r E 6 i Y f , ri . .I 'i ? : <.r MP I. T NS ° R ? " ? " ? ,? _ '? ? ? f?? ?!' ° { y ;r e ;. `• ; 3t, 3+? - S J E .?;' , l ?, ?. A . . s? . -i'.' • .. a?•'''??1 , ?i,' -.,, .. r: ." .. ? d 1 ?' , _ ... ir f -i, 3 ?• ?? l? ?4'1 ? , . y),'?"Vy S t ''sr inf.{' 13 is K' i• !''' ? I , S .l ' r es f ,1iA1[7.:r -it t3 • .. ,. - ., .r ,.. ). ". ) ..?..11Y1Ft5-..iJ.tiriiil'Y1I'.?:Tlli?,c+7 +n-r/.. y '. _=y'.. i,5:. .....r r,, .,. ':}' .r'<'.. ...r°"P'l.,i.., s??: ,`,.. :Y ?:? .r={. ,. Section 3. If this'ordinance or any provision hereof' is declared' invalid, ' not affect the such declaration shall ' which'shall" '5533 94 'e validity of,Ordinanc -:}+'<< ; _ ;' ' • : continue in full force ' and effect as , . if this ordinance had, not been adopted. To , r ... •-° -, .'' .F... achieve that objective, this ordinance and nits provisions,are.declared .severable. Section 4. This ordinance shall take effect immediately upon adoption. _ ' .:;:.:..."l,:... .PASSED- ON' FIRST' READING Jul 21 1994 € ..,: ..... Y .' •R 1 PASSED "ON SECOND AND 1 FINAL. READING t' AND ADOPTED R i ta' Garvey.' w • '. Mayor--Commissioner. ;... , ' Attest:' :. :i...r ` E : Coudeau Cynthia Cit C 16 r k . y '` Approved ,as' to" form and correctness: ' r 1 r ' 1 ' • • ? ' 1•l •a ? - r ' . ? I S . r? r . f r / . ` ` Yi. 1 , .:;:.. M.'A. Galbraith Jr , Senior Assistan Cj .y Attorney „ ° . } . 0. r ? I ? ? ?? r f • , , , ? ' ? • , ' .. r' r " !; , • • j+• , ... f`•.. a .r' .. ''i 4 ! i ,•? r ' . ? . i ,, , l = f ? 4 . , , 1 r t • s `k .tSM?' Syr{air yr,°??';kre'1 ?' } •l tp ii` s' r = i? f ' kf r,. •r. J i' . 1 r ' 3 r ' { ',) r ' S j. 1 , ' I ' ' . 1 • ' I Y , ' ' 1 Y. j . i • . P F r? 'r ? { ! y ' , • `i ! ,+ • r 1 I [ j • s r .f •??iIi f,' r. . ' ..e.. . ., r •.w li'.1.'[S t(: .1>• r . ., .I s ' . r. ,. I .. ... . ... •^? ORDINANCE NO. 5642-94 AN ORDINANCE' OF THE CITY OF' CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY. BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE `F INTERSECTION OF DRUID ROAD AND CREST AVENUE, CONSISTING OF THE EAST 7 FEET OF LOT 3 AND ALL OF LOTS'4, '5, AND 6, BLOCK A, DRUID GROVES, WHOSE POST OFFICE ADDRESS IS 1563 AND 1567, DRUID ROAD, FROM SINGLE-FAMILY RESIDENTIAL.8 TO MULTIPLE-FAMILY RESIDENTIAL 8; PROVIDING AN EFFECTIVE DATE. WHEREAS., the amendment to the zoning atlas of the City as set forth, i n this ordinance.is .found to be reasonable, proper and,appropriate,' and is 'consistent with, the City's Comprehensive Plan; now, therefore', BE IT ORDAINED BY .THE-CITY COMMISSION OF THE CITY OF CLEARWATER', FLORIDA: ". t 'Section 1. The following described property in Clearwater,..Flor.ida, hereby rezoned, and the zoning at 1 as 'of the City is. amended as follows: Property Zo'n i ng `District East 7 feet of Lot 3, and all of . From: Single-Family Residential 8 Lots 4',, 5, and 6, Block. A, Druid Groves Subdivision, according to' the map To: Multiple-Family Residential 8 ;. or plat thereof as recorded in Plat ; Book-15, 'Page 46, publ id , records of Pinellas County, Florida.',(Z94-08) Section 2. The, Centra'1 Permitting 'Director is directed''to rev.ise'the zoning atlas of ,the City in accordance with the foregoing'amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Jul 21 1994 PASSED ON SECOND AND FINAL READING AND ADOPTED ' Rita Garvey Mayor-',Commissioner Approved'as to form.and correctness:' Attest:- A. . Gal br th, Jr. . Cynthia 'E : Goudeau Senior AssisVartY City Attorney City Clerk al?f`StVii. ' ;:1• IL_t ;. I.l _''f't?'Y=, r4.4 l• t';S 'Q 6JJ ,, ,. a3 ?Q z9J u? , - 11' 12 13 Sd 11 12 S -- 14 13 12 If 64? Y e b Vb t I q p e '° '?° b 11 d a R S 8 P ! 1v.E ST $ . eva ? •ave 39 40 41 drr 56 eiv 42 are at-( 617 era 54 7or53 • , 700 45 705 704 52. 46 7t! 7r0 51 47 7rS 712 50 d d O ? { 48 w 907 ?? eo0 h h 57 58 59 6D Q art era 76 61 era Q 75 _ • 62 et4 alp did G1 74 63 , 7or 700 y3 Q 64 706 704 67 72 65 7rr ` 709 71 66 ' 712 70 69 68 67 Ira 8o l so eor ? avo i 2 3 4 av 009 dto 20 5 er6 erx 19 6 C trip, d7 18 7 7o(t 7 8 700 706 70d 1 ti 9 7r115U, 10 710 r6 Tr2 14 }13 1? 11 ? ~ b b 50 806 $ ~ e00 1 2 3 eov 20 5 eta. ers ? •? ?• 6t2 ? dig 18 eta lot 7vo 8 ' 17 I 7'05 16 706 .-. 9 lop 15 107Oe 7ta 14 •i2 1t 1 ? r I.. o q a .b o e 5 4' 3 dog' 22 QI dra 21 , ar7 20 A 70J' 19 tc) 1$ 00 707 7rt , 17 713 ?U 16 15 1d . o b v w a 00 40 ion } CLEARWATER.J COMMUNITY HOSPITAL P/q P 2 3 t to A n 1 12 11 .1D 9 B 7 a o 0 n e to W ? ?o b to 60 A 2 W 3 4 D 5 Q bl9 B 8 6 3, s s f 43/10 '43, I , u s4/Q1 i v r JASM1NE R S V w?' I I 43 /19 7o i ' 34/D2 o. -)4/03 906 ` b *ma a h rl u 1 ro h w 1 ?2 4 5 6 I. > 2 C' 46 4 5 DR O US 8A It8 17 Z. ,6 .5 3 a Z ?1 1 A 40 ? b ? y Ip MAM40UA DRIVE 1 PROPOSED REZONING OWNER lye % r. i L, r I I E 1Z 5 <24 8 v uJ E N Z q t.! ., p e APPLICANT CLFARwC,TED- C•0 MM aSP1TA L- PROPERTY DESCRIPTION - ZONING LO`1's y - 6 PA1,1• L,::r - GLv A , DRuto GRovES FROM R G Q SIB ACRES O. PLANNING 'and ZONtNC] BOARD CITY COMMISSION SECTION TOWNSHIP 'Zq 6 RANOE E ATLAS PAGE 'r ORDINANCE NO, 5646-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON•THE,WEST SIDE OF MEADOW LARK LANE, BETWEEN KENTUCKY AND VIRGINIA AVENUES; CONSISTING OF LOTS 5AND 6, LESS THE NORTH 47 FEET OF EACH, BLOCK 1, BAY VIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 112 MEADOW LARK LANE, INTO THE .CORPORATE LIMITS OF THE' CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE' SAID ADDITION;, PROVIDING AN EFFECTIVE DATE:. WHEREAS, the owner of the real property described herein and depicted on the"map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City.pursuant to Section 171.044, Florida Statutes, and the' 'City has.complied with all applicable requirements of Florida law in connection with this ord inance;,, now, therefore,,. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The'following-described property is hereby annexed into.the City of. Clearwater and the boundary 'lines of the City are redefined accordingly: Lots 5 and 6, less the north 47 feet of each, Block 1, Bay View City Subdivision, according to the,-plat thereof recorded in Plat Book 9, Page.43, public records.of Pinellas County, Florida. (A94-14) Section Z. The provisions of this ordinance are found and determined, to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks', rights-of-way and'other dedications to the public which have heretofore been made by plat., deed or user within the annexed property. .The City Engineer, the City Clerk and the Ce'ntral''Permitting Director are directed to include and show 'the property described'herein upon'the official maps,and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Cleric shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days of ter' adoption . F PASSED ON FIRST READING July 21, 1994 PASSED ON SECOND AND FINAL. READING•,AND ADOPTED Rita Garvey Mayor-Commissioner 'Approved as to form and correctness: Attest: M. A. Ga eaith, Cynthia E. Goudeai Senior Assistant 'ty.AttornPy City.CTerk J3 'i Fz t•tia'• v +-'?SF.11??,[,'?I ? i !'iprr'e•1. L--L-Z IUD- J , nna?v 12 11 10 7 / la !; S 0, 0 ??t CAROUNA AVENUE =+_ I vac. 264-0-666 ? ? ? ? f ?I y !sue! w f c3 f r - --• PROPOSED ANNEXATION LAND... US-E---?-LA. N C L...A-S-SMUC.AT I O N and Z O N --l N G owN R A. qy - iL? APP?ICAH K I N S LE Y G D M. L. • PROPER'T'Y DESCRIPTION 'LAND USE PLAN ZONING pIq RT Lars 5 E 6, ?L1'? I GAY VIEW C.1TY COUNTY RE5loE:vj-rjAL_ t.jRBAN '3 o17 ACRES CITY R-Es 113C0-r%AL.. VR'g A N RS -? RIGHT O.F. W AY . ACRES PLANNING and ZONING F30ARD CITY COMMISSION SECTION 16 TOWNSHIP 2t( S RANGE IG E ATLAS PAGE 2Q ?. A i FXHT5TT r i rA i• , . ' .. I S' t .. • i • • . , , ., , to J, ORDINANCE NO. 5647-94 AN' ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE , OF MEADOW LARK LANE, BETWEEN KENTUCKY AND VIRGINIA AVENUES'; CONSISTING OF LOTS 5 AND 6, LESS THE NORTH 47` FEET OF EACH, BLOCK 1, BAY VIEW CITY SUBDIVISION, WHOSE , POST -OFFICE ADDRESS IS 112 MEADOW. LARK LANE, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE,DATE. WHEREAS, 'the'amendment to the future. land' use plan element of the comprehensive plan of the City as 'set forth in this ordinance-is found to be reasonable,' proper and 'appropriate, and is consistent with the City'.s Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY, OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the Comprehensive Plan of the'City of Clearwater is'amended by desig'nating.the land use category for the hereinafter described property as follows: PronertV Land Use Category Lots 5 and 6, less the North,47 feet Residential'Urban of each, Block 1,' Bay View City"•' - ' Subdivision., according to plat thereof ; recorded in Plat,.Book 9, Page.43,. public records'of Pinellas County, Florida. ( LUP94-1'4) ; Section 2. This-ordinance shall take effect, immediately upon adoption., PASSED ON FIRST,READING Jul 21 1994 ' PASSED ON SECOND AND FINAL ' READING AND ADOPTED Rita Garvey Mayor--Commissioner Approved as to form and correctness: Attest: M. A.,Ga raith J .' .Cynthia E. Gou eau Senior`Assistant.C.ity Attorney City Clerk N? 7S 1 Y ? S ? T ? '•f T ? 7 ? .._L???lt•?.. I ?rr I ? ?vTe»,?x, ?trs_?z. CLEVnXN0 S-i RaT L^p W p ` ?. N {may b ! i[ 1.1 {? 1fl`4{r11n ?Hler- ?C n r rv 72/13 rai •°, ?°T N'r N•!f © C.i N N NC1, pOpp +j i^l9? + ?i (4 _ GTl ' i'•1 ?f? C3, A • MI NNIM IC.IN N• N?N rqy? ?N ?? O 4?'?+1 ,^? S'`t ?r• - ,i +,?? .22/12, N o q N fV p 'O N Zi a C1 t7 ?+- 1 r a? N n? rtN N h N ?F !tl (He'd ?y •StM.•?Stt°j - ?4'- ?- n C1 C_'t 4 :ri}f?' •'* A X50 •r ' .+,'Y??s?•. 222/ a? R 1?R?tNA UE R AP, mom ""_* a q - 07 GORE ?E.. 97 2- 3 L .47, 1111111, O 4 ?„` _ wti..? y....•?...1 12 y 10 r. 9 8 7 5 't'' . s. l d O n ` ?rrr i j7 v1 / ` Yoe- R01W :r ? r? `'?-.•t`-...+eYY:`::-0.T: ^ ?-S.'hr.L ' ti ,:-r-^ N r iy,,w -+!z,'_T•t ''"!i F?_ ?. 111' 6b+a-676 :? .rv,ly;C'?L'7YTYSS•tS ?1?1-..,. yx 3r_. - NqK1'i:.^. 77-7,7 .'O! I d._• l.u:?tt??; •?pp ?, i GLJ Rw? mR btr p O'er;=? -,n`•?. ?, S4 - VIE L to TERRACE d Y -' 10 a 3 r 23 22 21 20 i9 18 17 16 15 z:r ca wr z» NEia7C.c '+' t? ?.???ti.u?+.?_:??: ?': r. ,"'i.F}i::"•"it.'?1t?F`:. n o f H '309? ` =? ' • . ?' w .- _ 00 Ell 1n 1LLl1 4 "'? ; "r_% YJ•%c"' :TSa ?ti.1 ?'7i: Y-? 'R.?1P ?J 7 3 ~ ? n 7>'a? ; •' Q{ y, k I `- J I I a Y 4 ':.?j? + s.-?.1• Sj` r•• J-]w- ??i : ?• G7?•?. ??a?:.i `? r` 1 X J ? 12 11 110 ° h 7 'w 04 1r,1? ?^ J.r 4 G7-61 7S- SQ } -+ 1a'• 1$ ?LkJORS S<<nMw?Y:. 1Or 'r9 ?j 510 7 00 LAI Vqi H q q,Cc ? q br Kf???CK 37'-84 sL9 CAROLINA AVENUE , _ vcc. 15W-oafs 1 w PROPOSED ANNEXATION I LAND U S-E-..P,L•A--?4-...c." .A.5 :.E C_A_T I O N and ZONING owxER A q - t E APPLIc.A?4 ? k t N S L. c ?' 1 G• -? M. L PROPERTY DESCRIPT10N 'LAND USE PLAN ?ONIN'G" PAR L°-r5 5 e6 )B 1C ? SAY vtzw c•1+ y C4uHT•Y RES113E:Q tf;L Lip 'BAN p,-3 o,17 ,ACRES, CITY F'?St? 1J71r•,c.. up 's A N RS _ f RIGHT ol=: w: Y PLAHNING and'ZONtNG BOARD Ct i Y COMMISSION SEC -& ION ks , OWN5NIP -lc( S RAOCE 1 , E ATLAS PAGE 'I q 1 A :Yr f? lfi; f i' F , • , r , • I T , iw.lil ..n , l .. ., ' ,_ •'. r•., . .1.u ' , . , .n f. r{?', n'.r +r! - r 1,•'•. ORDINANCE NO. 5648-94 AN ORDINANCE OF THE. CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL-PROPERTY LOCATED ON THE WEST SIDE OF'MEADOW LARK LANE; BETWEEN KENTUCKY AND VIRGINIA AVENUES, CONSISTING i. OF LOTS 5 AND 6, LESS THE NORTH 47 FEET OF EACH, BLOCK 1, BAY VIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS ' IS'112 MEADOW LARK,LANE, UPON ANNEXATION.INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL,8 (RS'-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a'zoning district classification a's set.forth, ' in this ordinance is found to be reasonable, proper and appropriate; and is :.' consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY • THE CITY COMMISSION. OF THE. CITY OF . CLEARWATER,'FLORIDA: r' Section 1. The following described property located in,Pinellas County; Florida, is '.hereby zoned as indicated upon -annexation into the City of Clearwater, and the zoning atlas-of the City is amended, as follows: Property District Lots 5`and 6, less the north 47 feet RS--8 _ Single-Family' of each; Block 1, 'Bay View City Sub- Residential $ . division, according to the plat thereof recorded' in Plat, Book-9,- Page 43, public records of Pinellas County, Florida. (A94-14) Section 2. The Central Permitting Director is directed to revise. the ' ?'. zoning atlas of the City in accordance with the foregoing amendment. Section' 3., This ordinance shall take effect immediately upon,adoption, contingent'upon and subject-to the adoption of Ordinance No. 5646-94. PASSED ON FIRST READING -July-21,',1994- PASSED ON SECOND AND FINAL READING AND ADOPTED° Rita Garvey Mayor-Commissioner Approved as to form and correctness: Attest:' 441 -4 c?C-GCL? M. A. Gai aith,A r Cynthia E. Goudeau Senior Assistan C' y Attorney City Clem: ' 4r ?t f r. , CLEVI-M0 S-MUJ 11 h p :rl???t Z'-?'•'- ?7fy-?1f . 1..?. ?rl.fCYj..??- r` ?' ?r r htwJ U n 2 z /1-3 c* .1 0.0 :4 U3 C4 C4 n n N h n ??j N •' f N:ti ?.N r fr n? n! f~I '?/QUC?? N N N t+l N ; ' n s•?nIN `cv %`?IN n• rv?n ? r :. 53-EE. ?\ \ M 4 ? s`?'S{ c, co C4 In C4 C, rlr`Jx b uwy ~ _ r 4 tA22/11. n Y , Z2,/18 ` • 2 ss VfRCfilN A i 1JE a . a 1. AA J_ 60 f?M?? • .n +e ^'raI a ~r?'p-1 X2 3 -? 1' ?e ?•{ r- Z ? i lt.? ? ,.., ;rte «..l. :i.?..,+.? ? ratt_ T,b Ay 10 S $ 7 b p 12 l 10 an 8 7. 4"4 - 1311 32 ltir. Y•- ? V • .y? ff .7 i"tYL:r' 1 ~"s I L ?L21•`.0 n tzs ,, o? O?\o?\ L.j ' z• [.{JVN 1.1? £• Q ]? vor- Rl'w N: -- ... t;S„«. .--...-rs+r.++::.••ti.. ?_t ..... y /•? r .s.a„?'f ?/+?/if i?? y; `!h5„ '. ti+??•J {?7 iy"Ol,tr..M t::; s--..r..'?? °?-?L-r?i ?y }? y 43 /v4i\1,•ti"l .-rr'. In •Z'?.• .`~ T ,:° :tea ...•y:r.ay,,.n.--.•'1tiY?t ,?'=?• , / .?i.?. 6.6ti4-670 :): .:?rvetrlh'C7+.,7'JJl'S?iC?? ?;%r?',.?rj•`>3-.. ? -)r'- .? ?,? 2Qt 'a:: CRw 2 2 MEW rl-- - R-M, LLJ TERRACE ?10 o v 7 o r- ?z 22r 1'21 20 19 18 17 76 15 "$= JG ? tih n ?L 3 I 2 CLE wA c' 217 i. '•-i ?`-?'?'?„^-.:b ' f r^'..'•'•`?: K`?[-??t'•?'?: ?.?i?'--.'.:? .?.?'?:.?rY %?.sr' ,•?..r ?":.r'CQIJlITY:::y?y+i?i7??;/;?..?[? f ..r. ,, ' I?,y`t?«r'???Ct-.'C :.'.? _.?`. v' •.Z.• ..:i ?. "."r. I.•` li:_?-?i:,;;..7y-' ?-.r s??r LLJ?V?}• 1 0 ?I .:C',-*?'^?..•. ....?•!?{`r.._:'?`.?' =?". ? ::Y.:?+`?-,'_??'.M''....}: ?Y ?,...... -?• rte.?_??.-:X....- ..-.?..._ ? l N .•??. ?• - :.t?:k ADO` 1 f cs O? r ` mmV O O9„i;rs?.l? :ftiy. ,2:1 r' •.i -•'r'. '?•,?; ?-s?. }?? .?1r: w._- ?7 ..? !! 1h }r{1?_ ? ?:t! i n ti ?? ,?"'^' .f ?? .t,r?`.:1`sr " i:.1• :? ?:.?:,?: ?f r;s '5 71 8 =3 ? ?`"97 b -.2&Z' n? "t! 12 11 10 XrB r l y q n ?J AYi. 3_'q h •?•??' ?v?.f O 'ram„ a+ .! 8w 7 05, , ......x MANOR KAPdK 37-aa _ Z JI tY•, .? fir.- r .. r ? r r r 14i=:` 'O CnROLJNA AlYENU_ i` 'lac. 251Gr4d5 t o? t f SS7 I 'PROPOSED ANNEXATION LAND U S-E -•-P-L.A.?4-•' .C. L-..A=E] CAT I O_ N_ an d ZONING OWNER A, P'4 3,PPLICAH K l {`1 SLED' I G T3 M, L PROPERTY DESCF31PT108 'LAND USE PLAN ZO.*N EN G t0UNT'Y RESIDEOTIAL 0R. -6 R_3 Cfzy RrS{;?tlJrl?;c? uR e A ?J RS ~$ p p P,7 U 0-r:5> S£ 6, a L l SAY VIEW c.{.Y 0.17 ACRES, Fi1GHT 0F. W AY ACRES PLANNING and ZONING BOARD CITY COMMISSION SF,C VON ` l6 OWNSHIP '1 C{ S RANGE 16 E. ATLAS PAGE n S?Z ORDINANCE NO. 5661-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CLEARWATER PUBLIC LIBRARY; AMENDING' SECTION 18.04, CODE OF ORDINANCES, RELATING TO LIBRARY CARDS, THE NONRESIDENT FEE FOR USE OF THE CITY LIBRARY, AND THE CRITERIA FOR ESTABLISHING RESIDENCY; PROVIDING AN,EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section?l. Section 18.04, Code of Ordinances, is amended to read: Sec. 18.04. Library cards; fees Fee for use by nonresidents. (1) A librarv ca'rd shall be issued, upon aDDlication, to residents of the city without charge. Fees far-'iise of 'the r=ity library by persens whe are not- Effective October 1 1994 a Pinellas Public Library Cooperative Card shall be issued without charge-to residents of the git the unincor orated areas of Pinellas' Count and other cities which are Pinellas Public 'Library Coooerative_Member Cities, without charge. .3 A library card may be issued to nonresidents upon payment of the nonresident fee. Fees for nonresidents are set out in-Appendix A to this Code. The fee schedule may be amended by resolution adopted b the -citcommission. - } The term "resident of the city" rzr4te is hieh establis" the elass of rail` Fes4de^?- for the purpose of this section means any person who ate: {a} Has established permanent Permanent residence w-ithin the corporate limits of the City; or (b} Owns Gwner5hip ? real property within the corporate limits of,the City, ; or r c se ri• ss aid-- g? a rte,--;T? -1-4i i lithe-C-4•t f j -er- he m e-:, or + Lcl ?4 Owns Owners.-e#- real property outside the corporate limits of the CJty,L following receipt and referral of an annexation petition, Effective October 1', 1994, for the purpose of establishing eligibility for a library card frovthe Pinellas Public Library Cooperative, the term "resident" shall mean any person who has established permanent residence or owns real _property, within the unincorporated area of ?PinellasCounty or a Pinellas Public Librarv Cooperative Member City., iiuLy,°. .3 s; .: '; ,Sr , p t S 1. .. „FY'M[!'+l? .! i •xl.•S ,1 'f - •1 ,•V- 'i I1 ' .J t'1.11 Niti?`.li.«l ! J 3 ' ? s.J. y: 4 'A person who does not qualify as a "resident of-the city" as the term y; 7.. ,:. is defined in subsection 4 or as 'a "resident" as that term is defined is subsection. (5) mar be issued a library card which may be used only in a library of the Cit without charge, if such person: ial Is employed by, the City, or is_amember of a City employees '. immediate household: or - „ ,? . Estab1ishes-res1dency as a tourist or quest, residing at a property within the City. ' Section 2. This ordinance shall take effect immediateIy:'upon' adoption.'. PASSED ON FIRSTr READING July .21j, ' 19914 PASSED- ON 'SECONb AND FINAL READING AND ADOPTED `r Rita-.-Garvey, ..'Mayor-Commissioner ` Attest: Approved as .to, form' and correctness: `Cynthia E. Goudeau M.A., Galbraith, r. City Clerk Senior Assistant c' y Attorney ^r?'? ?' ?' ?` . c; }?1 ? ,?fir •F, ORDINANCE NO. 5662-94 - AN ORDINANCE OF THE, CITY OF CLEARWATER, FLORIDA, VACATING THE 60-FOOT' RIGHT-OF-WAY FOR A PORTION OF TURNER'STREET LYING EAST OF HERCULES AVENUE, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, 'David G. Morritt, owner of real property located in the City of Clearwater, has requested that the City vacate a portion. of the right-of-way described herein, and the City Engineer suggests that, an additional portion. of the right-of-way be vatated;' and WHEREAS, the City Commission finds that said right-of-way is not necessary for'municipal use and it is deemed to be to the best interest of the City an'd'the general,public that the same be vacated; now, therefore, BE IT, ORDAINED BY THE CITY COMMISSION OF THE CITY OF. CLEARWATER, FLORIDA: Section 1. The following: The 30-foot half right-of-way lying South of Lots 19 thru 24, -as shown on the Plat of Midway Subdivision as recorded in•Plat•Book 13, page 4, of the public records of Pinellas County, Florida, together with the North.30 feet of the South 1/2' of the West 1/4 of the 'Northwest 1/4 of the Southeast 1/4 of Section 13, Township 29, South, Range 15 East, Pinellas County, Florida, is hereby vacated; closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto, except that.the City of Clearwater hereby retains a'drainage and utility easement over the full width of the described property for the installation and maintenance of any and all public utilities thereon. " t Section 2. The City Clerk' shall record this ordinance in. the public' records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON e.F IRST READING July 21, 1994 PASSED ON SECOND AND FINAL READING AND ADOPTED „ Rita Garvey Mayor-Commissioner Approved as to form and Attest: and correctness: 14. A. Ga ra Jr. Cynthia E. Goudeau Senior'Assis City•Attorney City Clerk 'r'J. f r: •'f 't ,' • N.W. N. W. Carner 1/4 of S.E. 1/4 :Sect. 13- 29-15 ROGCRS ST. , 1 3 • rT C K W 42/06 Scoff i N.r.S. 24 23 22 21 20 19 w -Req Uesh9d Vacation 6y p/ican w z =1 : 5:x T. : . . M 8 B 42/07 h(ZI ) quested Vacation a . 1 City, O r N Ik West, 1/4 ?--? "Morrltt Homes" Voc. 9 4-01 + Sect. 13-'29-15 .a Drawn bit D.Q.M. F J. S ' Date i O6j21/94 r , J .. it }`?I'+ ,1'•.l, ht?s'I =t • 1?k. 77". _ r !, iq PUBLIC HEARING DREW STREET (S.R. 590) PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FROM NORTH HIGHLAND AVENUE TO NORTHEAST COACHMAN ROAD CLEARWATER, PINELLAS COUNTY, FLORIDA State Project Number: 15050-1501 Work Program Item, Number: 7117121 Federal Aid Project Number: M-1464(9) Presented by: CITY OF CLEARWATER and FLORIDA DEPARTMENT OF TRANSPORTATION August 9, 1994 4:00 to 7:00 p.m. Oak Grove Middle School 1370 South Belcher Clearwater, Florida WELCOME TO THE DREW STREET (STATE ROAD 590) PUBLIC HEARING The public hearing tonight has been scheduled to offer you the opportunity to obtain information and to comment on the proposed improvements to Drew Street from North Highland Avenue to Northeast Coachman Road. This public hearing consists of an informal and a formal session. During the informal session you will have the opportunity to attend the slide show, review the available displays and documents, and have your questions answered by the study team representatives. During the formal session, which will begin at 6:00 p.m., the Florida Department of Transportation (FDOT) will provide a description of the project to be followed by a formal statement session when you, the interested citizen, can formally comment on this project. Your statements during this period will be recorded and will become part of the official public hearing transcript. In addition to making a verbal statement during the formal session, there are three other opportunities for your comments to become a part of the official public hearing transcript: • Make a statement to the court reporter during the informal portions of this hearing; • Fill out the Public Comments form provided at the back of this handout and drop it in one of the comment boxes tonight; or • Fill out and mail the Public Comments form or any statements and exhibits pertaining to this project to the FDOT District Seven address provided on the comments form (last page of this handout) by August 19, 1994. Regardless of the way the comments are received, they-will be considered equally before a final recommendation is developed. Project information is available for review through August 20, 1994 at the Clearwater East Library, 2251 Drew Street, Clearwater. PROJECT DESCRIPTION AND NEED The FDOT and the City of Clearwater are presently undertaking the Project Development and Environment (PD&E) Study for the improvement of Drew Street from North Highland Avenue to Northeast Coachman Road. The project originally extended from Pierce Boulevard to Northeast Coachman Road, However, subsequent to the Alternatives Public Workshop held on June 24, 1993, the City of Clearwater initiated a feasibility study for the replacement of the Memorial Causeway Bridge. Replacement of this bridge will greatly affect traffic circulation patterns and volumes along the major routes in downtown Clearwater. Therefore, it was decided to postpone any action on Drew Street in the downtown area until the findings of the bridge feasibility study are available. As a result, the Drew Street PD&E study area limits were shortened to encompass only that area of Drew Street between North Highland Avenue and Northeast Coachman Road, a distance of approximately 2.24 kilometers or 1.39 miles. A project location map is attached. f ? f3. ' e 1 • R: O ' t 1? 5s0 MAIN ST - r 19 3 rt S.' F DUN DIN Q - ± ti.nl-r- m 59a) t # LT r}Ar occ 55 :E vm r r r , SUNSET POINT ROAD 588 h sx R,R ?, 594 {?, a r 7SAFETY BEG T ENDD -lrA f HARBOR ' 3' rl PROJECT Lp o 1 f f?? ?? ? r . ?pP l-rte ? ?? ? 5 93 4r \?-{--E-? ?13? DREW STREET 60 CLEVELAND STREE •. dry` •. .` _ ^ .r? ?rV?r,y _ s r; rr,; ULF-TO-SAY BOULEVARD 651 64 '1 i7? Rr, CLEAR WATER ??? rri?.' '"r"ski "i rrr •'. `? 1• + ` ? _ ? r '`'fir ,?;,?t??????''+ ? ej 651 55. %m cc S LL AIR'?h cr-fir r.i'? 7-} f «r 4p 595) LARGO 686 EAST SAT DRIVE ?. ST.PETERSSURG ' 697 [ ~ ` 19 ?• ' rr CLEARWATER ~'t AIRPORT ?q q Ir • V T j 'P ULMERTON ROAD 688 , n h PROJECT LOCATION MAP DREW STREET (SR 590) PD&E STUDY CITY OF CLEARWATER AND FLORIDA DEPARTMENT OF TRANSPORTATION j?'? .,1 1 R Drew Street is currently a four-lane undivided facility centered within a right of way that varies from approximately 20.0 to 30.5 meters (65 to 100 feet). It is classified as a minor arterial and is under the jurisdiction of the FDOT designated as State Road 590. Review of its current conditions revealed that: • it provides undesirably narrow 3.0-meter (10-foot)-wide lanes, • it exceeds maximum allowable levels of congestion and delay during peals hours • it experiences abnormally high accident rates which at some locations exceed the statewide average rates by 2.5 times, and it floods during high intensity storm events causing the outside lanes to be temporarily inoperable. With the anticipated traffic growth for this area, these conditions are projected to deteriorate further. Both the City of Clearwater and the Pinellas County Metropolitan Planning Organization (MPO) have identified and documented the need for improvements to Drew Street in their Comprehensive Plan and 2010 Long Range Transportation Plan, respectively. These plans indicate that Drew Street is currently approaching or exceeding its capacity and recommend its widening to a four-lane divided facility, The objective of the PD&E study is to provide documented information, including engineering and environmental analyses for FDOT to reach a decision on the type, design and location of the necessary improvements along Drew Street to accommodate the future traffic demand in a safe and efficient manner. Alignment alternatives were developed for the project and evaluated using a multitude of criteria including engineering, socioeconomic, cultural, and environmental factors. The alternatives and the associated impacts were presented to the public at an Alternatives Public Workshop, held on June 24, 1993, as part of the evaluation process. THE FINAL ALTERNATIVES Based on consideration of factors, such as impacts on noise sensitive receivers, local land use, property access, circulation patterns, and quality of traffic operations, the one-way pair option for the revised study area was eliminated. As a result of this elimination process two final alternatives are now being considered as viable: • the "No-Build Alternative", and • 1 the "Preferred Build Alternative." The following pages briefly describe these two alternatives. •r?jj tf.Tt ?t ". ,1 ??JS.{?'.. tf .- .,, ?. .. .. J}. .. .. ,ww-r' 7+?tP.-`i,o . . ?. .!': .,. ? ? • rI , ? ? .. . . . .f> 'r fft .,s r . No-Build Alternative The "No-Build Alternative" limits work in the project area to routine maintenance and is still considered to be a viable alternative, having some advantages and disadvantages. Advantages include:. • No inconveniences caused by construction; • No right-of-way acquisition or relocation of residents or businesses; • No new right-of-way and construction costs. Disadvantages include: • Increased traffic congestion and associated road user costs; • Deterioration of traffic safety; • Deterioration of air quality caused by traffic congestion and delays; • Increased emergency response times; • Increased roadway maintenance; and • Incompatibility with the transportation objectives established by the City of Clearwater and the Metropolitan Planning Organization, Preferred Build Alternative The preferred build alternative involves widening the existing roadway to provide four standard 3,6-meter (12-foot)-wide travel lanes, a 4.2-meter (14-foot)-wide continuous median left turn lane, and sidewalks and bicycle lanes on both sides. In addition, the intersection of Drew Street With Northeast Coachman Road will be signalized. In selecting the preferred build alternative, three alignments were evaluated to accommodate the required widenings: widening to the north, widening along both sides, and widening to the south. For ease of comparative purposes the project was divided into Segment A, from North Highland Avenue to Orion Avenue and Segment B from Orion Avenue to Northeast Coachman Road. After evaluation and comparison of local impacts, it was recommended that the widening be centered throughout the length of the project to minimize relocations and costs. An evaluation matrix summarizing the socioeconomic, environmental, and physical impacts and costs of the preferred alternative is included in this handout. i 1 , ?: . M . 31111 M/2) 03SOdO dd o o E W a ? o W z • u uj ? a E W U w 4 ? ? 0 W 0 O -- - Z Q LL. O h N W v Z W = z v N = 1J CC c? X, L{.1 N O Q ?J U. Z .. «. p CL" v W r N Q tY CL > E ? ? Q ? ? LL 4 lil 3NI I M/8 (33SO dO8,J + f, W 31,41 1 M3 03SOd0dd ? N v Z ua ^? Q ri O u ` F- 4 n r O Z o 0 E - N Z w a to E- LU vi u 01, w n Z LS ? rn O U. o u _ rn 1? !il L!f E -- ?, r F6 cv D l? _ 'r LU O Q. ri V 3NI I M/U a3SOdddd z o a N w O a a Z a a LCI ix ? LL Z O oG u a «... O :E a Lu 0: u w en ° a w cc O L D u . z a a ?Vi li az a. Z lh Q LeJ v? H c Ls1 Q h- ?r 1-- uJ u_ in C? Lij U C.1 LW 0 t • " J • PREFERRED ALIGNMENT IMPACTS SUMMARY ?.tir l?" ?'j fr•rs e• .?;+' F S' ?..., •, ilZ. `; ,SEGMENT A8EGMN; B'. PRE ERKED IILJd 1MENT,, :EVALUATMN'FACTOR8 • . • , A=C _ B.C ,, ;r .• ..,:.y ;;:t I 13USINESS RELOCATIONS: Number of businesses expected to be relocated 0 1 1 RESIDENTIAL RELOCATIONS: J Number of residences expected to be relocated 12 0 12 COMMUNITY FACILITY IMPACTS: Community facilities within ROW: -Number of churches -Number of schools -Number of nursing homes -Number of hospitals -Number of cemeteries -Number of other public services (fire stations, etc. NOISE IMPACTS: Number of noise sensitive *Iles Impacted 71 7 IMPACTS ON CULTURAL/HISTORIC RESOURCES AND PUBLIC PARKS: ^ Number of historic shes/structures within or adjacent to ROW 0 0 0 Number of public parks wMn or adjacent to ROW 0 0 0 m? l NATURAL ENVIRONMENT IMPACTS: Area of wetlands within ROW: -Disturbed hectares (acres) 0.00 (0.0) 0.00(a.0) '6.00(0.0) -Undisturbed hectares (acres) 0.00 (0.0) 0.00 (0.0) 0.00 (0.0) -Total Wetland Acreage hectares (acres) 0.00 (0.0) 0.00 (0.0) • 0.00 (0.0) Area of floodplain and floodway enc roachments: -Base rloodplain encroachment hectares (acres) 0.00 (0.0) 0.00 (0.0) 0.00 (0.0) -Base ftoodmy encroachment hectares (acres) 0.00 (0.0) 0.00 (0.0) 0.00 (0.0) POTENTIAL HAZARDOUS MATERIAL AND PETROLEUM CONTAMINATED SITES: Number of potential hazardous material sites 2 0 2 Number of potential petroleum contaminated shoe 8 7 15 RIGHT OF WAY IMPACTS: Number of parcels Impacted 97 18 115 Area of ROW to be acquired hectares (acres) 2.134 (7.0) 0,36 (0.9) 3.20 (7,9) ESTIMATED PROJECT COSTS (Present value In million S): ROW acquisition cost 5.41 1.68 7.09 Engineering cast 0.32 0.20 0.52 Roadway construction cost 1.65 0.96 2.61 ConsbWlon engineering and Inspection 0.17 0.10 0.27 TOTAL COST 7.55 2.94 10.49 .sr. r l,e . WHAT'S NEXT? The FDOT and'the City of Clearwater will make a final evaluation of all the elements of the ' PD&E study including public comments, finalize the documentation, and then ' make recommendations. The documentation is then sent to the Federal Highway Administration (FHWA) for approval.' Following approval, a legal advertisement announcing the approval will appear in the St. Petersburg Times; Pinellas edition. A project schedule presenting the major milestones in the PD&E process and the additional steps necessary to construct this project is included in this handout, PUBLIC COMMENT Please review the available information and provide us with,your comments and suggestions on the, attached Public Comments forms. Written comments can be turned in tonight or, mailed to the address indicated on the Public Comments form: The comments must be postmarked by ' August 19,,1994 to be included in the official public hearing transcript. If you prefer,, a court' reporter is available tonight to record your verbal comments and statements before and after,the ' formal presentation. f, Thank you for attending this iaublic hearing., f' i O A ? O w ? a ? ' O F w A ra..? C-n a O 2 O p4 w ?? i+' 'r cl?"• ••frF'. ?,• a•,t•?df ?r.Sp?{..=, :IS'•r 'Al •',?Y1i ., .,?s •? A[ ?. Ir ?,. • ? , ? ''?• x `? t. ?''; ?• 'S;rSi?y t.Jfy ?.-L'.L\ L's?t}i. ?' r:.r? .'jr'?7?y?`F{•i?'? I?S"`•i?'!{yy?k Fn?{ -O ? ??}? ?: „y7^.. ,few ,,.? 'J1 •4,. A .,' -•?: i ? . s I .,.. `s['S ,? t, 1 t,?1F'?J?P 1? ' xi'•i "y''1 pit .??-'i'?1,,q:.17' 9??.4 w • OM r•?•y?yh ?? klx v. h}? MV4 • Fri: ,' ? '?. ,?• `;!',;t; :' ,?.;i,'i,? 1 w".Y. . li,? 4 r PUBLIC COMMENTS Stato Project No. 15050.1501 Work Program Itam No. from 7117121 Tuesday, August 9, 1994 Federal Aid Project No. PUBLIC HEARING M-1464(8) Drew Street (S.R. 590) Project Development and Environment Study Part V- Comments We encourage you Ito write down your opinions and comments to ensure that they become a part of the public hearing transcript. Phase provide your comments below. If additional space is needed, please use the back of this form. Part II - Request to be on Mailing List If you desire to be included in the mailing list to receive the final newsletter, please complete this part. Name 'Address City, State, Zip Code If you would like to mail this form, it inust be postmarked by August 19, 1994 and addressed to; Mr: William H. McDaniel, Jr„ P.E., District Secretary Attn: Mr. Michael J. Coleman, P.E. DATE: i Distract Project Development and Environment Engineer Florida Department of Transportation 11201 North Malcolm McKinley Drive MS 7-500 Tampa, Florida 33612.64,93 (8131975-6077 a' r RtCEIVE r R 2? 2 1994 CITY OF CLEARWATER Interdepartmental 'Correspondence CITY CLERK DEPT, TO: Betty De tula, City Manager FROM: William C. Baker, Assistant City Manager r COPIES: , Kathy S. Rice, Deputy City Manager Te Iennings, Chief Engineer 'D Meerians, Acting Traffic Engineer ' ` yndie Goudeau, City Clerk ; ' .r SUBJECT:. Drew Street Project ' DATE: June 20, 1994 I have received word from Post Buckley Schuh.. and Jernigan Engineers that the Federal Highway Administration, as well as-FDOT, has officially signed off on the new project boundaries., The project now has an eastern terminus of Northeast Coachman.Road and 'a western terminus of Highland Avenue. 'That. portion from Highland Avenue to downtown Clearwater will, as you are aware, be studied in another PD and E project-- the new State Road 60 bridge. The -Drew Street Project now has no one way pair alternative. The'preferred alternative for the reconfigured project will now be the widening of Drew Street to a five lane section from Northeast Coachman Road to Highland Avenue. r" Post Buckley will make arrangements,` for a public hearing wherein the reconfigured boundaries and the preferred alternative is available for public input. The meeting will be held sometime in August at a local public school auditorium and will be conducted entirely by Post Buckley. A brief report of the material to be displayed at the public hearing will-be given to our City Commission at its meeting. of August 4. By copy of this = memorandum I am,asking City Clerk Goudeau to schedule such an item for that meeting's agenda. WCBIkd Printed on Recycted Paper ter., , .f r ' • ' r + ?? {{{111• .1., IY • 4 •3 • Y• ?' S\, 1 R.?r S '1 - 1 w Item # Clearwater City Commission Heating Date.: t Agenda Cover Memorandum, SUBJECT: Del Oro Subdivision General Storm Replacement Project RECOMMENDATION/MOTION: Authorize staff to proceed with development of the Del Oro 'Subdivision General Storm Replacement Project - Phase I in. accordance with the design herein described as Alternative 2, ? and that the appropriate officials be authorized to execute some. BACKGROUND:- On February 14, 1994, development of a stormwater treatment facility within the Del Oro Park was presented to the City Commission in the Environmental Management Five Year Capital Watershed Plan. At that time, the Commission directed staff to return to the Commission for further discussion after meeting with the residents to determine the community's interests and concerns. A public meeting was held on March 8, 1994 at the East Library'in which staff presented two alternatives to the residents. Both alternatives addressed the need to resurface the roads due to failure caused by the underlying substandard storm sewer system. Alternative one provides for an enhanced level of service, consistent with current City design standards, to resolve existing drainage problems and also includes larger stormwater pipes and a stormwater treatment pond in the Del Oro Park to serve 51 acres. ' Alternative one would solve drainage problems along Bayshore Boulevard, which floods in two areas during even minor storm event's. In addition, stormwater that currently flows overland would be directed to upgraded inlets into the stormwater system and be treated prior to discharge to Tampa'Bay. Alternative two would only provide in kind replacement of existing stormwater pipes with no change in the current level of service. Although, alternative two would not require stormwater permitting, no stormwater treatment facility would be provided and the existing drainage problems in the neighborhood would persist. Following the meeting, on March 21, Staff received a. letter from the Association Board of Directors. The Association continues to contest the legality of placing a pond within the Park. In addition, the Association has also requested that the City move forward with in kind pipe replacement, but now also add new'inflows at two designated spots on Bayshore Boulevard, where the road flooding occurs, and, if need be, create a small pond to treat this flow. The Association's request for the enhanced level of service would only be permittable; however, if the entire volume of combined contributory uplands (31 acres) were directed to a treatment n Reviewed by: Orig' ti pt: Costs: ! None Commission Action: Legal NIA P i W s/E ironmental Total 13 Approved Budget N/A N/A chasin Pu 13 Approved w/conditions _ g r Risk Mgmt. N/A Current fiscal Yr. ? Denied Cis ---- ACM user t Works funding Source: ? Continued to: other ? Capital Imp. Advertised: O operating Attachments: Date: ? other May 3, 1994 Letter Report: Paper: Oel Oro Subdivision General H Not Re uired Storm Replacement Project q submitted by: Affected Parties ® Notified Appropriation Code: 13 None 13 Not Required nag r Cit Y 1 W Printed on recycled paper F deloagen.tjf July 19,1994 . P. ., .'3.. Cf0 "";3 Lr,'• ' i, 4.i• ,'. 1 1: .y''' .4"'!' I•, 'S 'J 1. ?S'. ;4 , r 3' • iAi :'..',:{'':r4!" . 1 , .. ',S} '7,,' ?.15:r •, i:a r•i,r l':Y'..lr,. o??,'yy•"'t! 5? 7' •',,; J .('...? ." ,. >4,,'i'f' r'. I ih .?- r I r I ,. . •If , . fi . , , 1 . , - . f 1 ''4' • F, 'l, . ..,;1'. ? . .i.3',.1 r i lt . ; 1 • .. . , . .. 1 " . . f .1 . 4 r `1'. i °.{1. 5` I} - i . ! ?¢ , ''t r .. 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'.tii . , r. . ;A a result of 'the pub s lic meeting, Staf f 'Conti'nues to believe that ",Alternative One ' is 'the best,'solution to the overall•street resurfacing and drainage problems in I,"` '.- Del-:Oro and, requests authorization to proceed with the Del Oro Subdivision Gener`al' :.::.: ::.:Storm,Replacement Project=Phase.z in'accordance'with the design.herein'described :`V `?,,::e'a' .Alternative One and-'in, the' attached May. 3,, 1994 , lettdr report, ' City Staff will " I` r: continue .lto work with the homeowners association , t'o 'provide' the most acceptable: - ' i'!: , '? -'pon' - design .and • associated. landscaping . within'' areas 'not , restricted" by : died for ':`_: : "'":such':use . . r 1 , .. .. r, -1 . s,. .. , . 1 ' r ; 11. b" r, }.. I , , r;,.j ' ' e I > 1F m;' ? , 1 F?yy'. 4d. '(. r t e ... . . '.,35. 1' III; ..}4r .? i' •' . I F I — r . I r ?i • ?I'3•.j. r- ' '. . 4'i I`.', . ` a Yiia.; }?.? 'Y?. 1 f .f. 'Jl .. ?,V '- .. . ? .!,%'- ' ',. .. e S I ? E ? ` t ` { . . .I r. i. ; 1 l .F , , e ,.sc ; •. . 1, ' f . i4;k _ )' t . . - - d 4 .,r 1 :} ?r , 1, ? r .. , .. f r r i r ;'?; A. . . Ili' ) . ' ' , : ` e 4 t , . .?. - ,F: •' ,, :j :? - r .. . . , , - .'r.` Ff r s : - I • I 1 't I } I 1 t -:, , 3 ..I . .. 1 r ; 1. Y . o , A '7. 'i, " rE , T. tl I l , r , , i'' , I?"r't,." .. ,r' i .I - i. - 'fi .. ? ' ` - ' 1 , r , ? , L,r' 1., d ` . ' ,; 6 lya 4 ,I I . ' C I ,t.. I 3 . + r',1r .i.. I . ' ,;.. . . , . r . I ' ., .i1 tit at. •y ' r . . . :.i t , . . . t . i • ' re' ' t I i , . li .I ' . . 1 1 j I ` f} t ,,aEy4', t ,ir,r .. 'l. f;t I' r . 1, ':1.'F °.. 2f 7 'P -5 ' 'f' ` .Si. a ' e?1. x ?i.'.li -t 'y7' " a' ',' S` .' _ W., . . r _ . --- _- . - f° ` . I 4 r _ Ir ?.'! fa?t'I'r'; :"1"'`S''.'F•f It5?*.i,'.i;'.h', J••-; f I-N,3 y,, ,` r.Fr. UI?55,v k'lr_f:5>}• CITY Oh CLLAItWA''I' x it Iii terdeparltiler[ till, Alerrrorarrclrrrrt AllN102-06-I2 TO: Betty Deptula, City Manager W.C, Baker, Assistant City Mnnaber , . T.IIRU: Peter Yauch, Interim Public Works Director FROA4: Tom Miller, Assistant Director of i,W/I1NV COPIES: Terry Jennings, Cllief Engineer ' Terryi:inch, Environmental 1'rogrnms Supervisor DATE: May 3, 1994 ; SUBJECT: Letter Report; Del Oro Subdivision General Storm Replacement Project Purpose: The purpose for this memorandum is to provide a sommary,of Phase I of the subject project, including relevant history, and to provide staff recommendations for project completion. This letter report will not discuss Phase It which, when completed, will discharge to Alligator Creek via storrnwater treatment ponds that may be located on City parkland property adjacent to Alligator Lake. Direction to proceed is required, given concerns e'xf)ressed by the homeowners association. Problem Statement: The Del Oro Park is located adjacent to the Del Oro subdivision, between Bayshorc Boulevard and Cooper's Bayou, The storrnwater pipes within the Del Oro Subdivision were installed about forty years ago and are in a general state of failure that includes pipe collapse and joint separation. This storm system failure lias led to"the.efosion ofroad- base material and subsequent road i surface failure. In addition, minor localized Clooding,of private property occurs adjacent to Bayshore Drive. The latter represents a local traffie hazard according to residents living in the. area. The work necessary to rectify the local drainage problems and improve the street surfaces is beyond the scope of routine maintenance,. requiring replacement of the storm water' drainap. system. Staff have developed a stormwater systeni designed to replace the existing system that includes an enhanced level of service to eliminate existing drainiigc problem areas and provide water quality treatment capabilities in accordance ]with state.-law.. The design also includes complete street paving. The resident homeowners association, "The Del Oro'Groi,es EstnlesAssocialiorr, hir-," has"expressed { 'concern for the. project as designed and have offered an alternative. recommendation for further consideration. Background: Creation of a pond within Del Oro Park, for water quality, purposes, and an agreement for cooperative funding with the Soutinvest Florida Water Management. District (SWFWMD) was - considered by the City Commission in 1990. The agreement provided for a, commitment of "In-Kind Services" and $25;QQQ cash contribution, by-the City and a commitment from the SWI:WMD to fund the project design and construction at a cost of $220,000. The residents of the area were ge'nerally' opposed. to development of a pond within the Del Oro Park, as expressed by the Association, and argued that a water quality trentmct t. pond wus nit inappropriate use of that land because: + r r • . ' 4 Del Oro Letter Report ' May 3, 1994, Page 2 (1) ' The proposed site of the pond was on land purehascd with funds npprovcd in a purported public refcrenduni. (1970) for tie nctluisition' of additional parkland, and deeded to (lie City in , perpetuity for "part: and recreational purposes." Therefore, the Association argued that the creation of a water quality improvement pond on (his property was not consistent with the intent of the pnrklnnd dedication to the, City, {2} Furtlierinore, the residents argued that (he parkland, along B3ayshore Boulevard was considered by the residents of the nren to be a beautiful and pristine parcel-of land adjoining Coopers Bayou that should remain whole, wi[liout fltrilier res(rictions from use that a pond would create. (3) Finally, the residents also expressed concerns about (he "success" of pond development, believing that the pond would not function as intended. arid would ultimately become unsightly, + thereby reducing property values in the neighborhood. These arguments, while successful, at the time originally presented by the Association to the City Commission, remain . a continuing concern" of the Association' today. On August 2, 1990, [lie City Commission voted to deny Staffs recommendation to approve the interlocal agreement for stormwatcr- rehabilitation and further directed staff to' identify 'a more efficient. and economical site for "a rehabilitation project (Exhibit A). As a result of this action, funding consideration by the SWFWMD was withdrawn for this project. During this same. period, the Del Oro Homeowners Association expressed concerns for the deteriorating condition of neighborhood streets and requested that, (lie City place the streets within the Del Oro Subdivision on the re-paving schedule for, 1991. Although inspection of the system in March, 1991 did not identify a general state of disrepair scricus enough to warrant a neighborhood wide road resurfacing, it did identify specific areas for. minor. maintenance that were referred to Public Service. In addition, Public Service also identified storm sewer problems, 'serious enough'to require placement of(lie +Del Oro „ . Subdivision on the list for storm sewer systern improvements "within the next four to five years" as sufficient funding from (lie storinwater. utility program would become available-(Exhibit B). Subsequent to those stormwater iniprovcnicnts being completed, the. City, agreed to resurface the neighborhood streets, In November, 1993, Staff'applied for state funding again. for this project through Pinellas County to the I Pinellas-Anclote River Basin Board of SWFWMD to offset planned pond improvements through the .,Surface Water Improvement and Management' (S.W.B.M.) Program. In addition, Environmental Management incorporated into the Five Year Capital Watershed Plan and IYater Resource Project. Summary Document for FY 1995, a stormwater treatment project within (lie Del Oro Park. At th.6'tinic , . the'document was presented to the Commission for approval, the Commission directed thnl Staff return ` to tie Commission for further project discussion, after holding a public inecting with residents of the . ' .. Del Oro Community, before proceeding with project development. i Del Oro Letter Report ' May 3, 1994 Page 3 • r Discussion mid Project Description: 'c'hose portions of the Del Oro Subdivision that are incorporated into the phase I project boundaries represent S 1 acres of residentially zoned (RS-4) land. Adjacent to the Subdivision, along the cast ern boundary, is the llcl Oro Park which is zoned OS/R. The design recommended by' Staff incorporates larger stormwater pipes to receive drainage from four streets and adjoining properties: (1) San Jose, 12 acres; (2) San Pedro, 13' acres; (3) San I3crnadino, 7 acres; and (?i} Sari Mateo, 19 acres. This design is in accordance with City Storrnwater Drainage Policy (Section 42.33, Clearwater Ordinances) and will provide the'desired level of gervice enhancement to prevetit stormwater surcharge for storms with a rcitrrent frequency of up to and including, once in ton years • . (Clearwater Compreliensive Plan Policy 16.1.1). This design would reduce (lie isolated flooding along Dayshore Drive. In order to achieve this cnhanccd level of sentice, Staate•Law and Florida Adlliir115lratlve Code requires a permit for ."the alteration or abantlotiment (If any surface water rrrarrage»rerrt system" (Chapter 40D- 4.041(1)(b)) where alteration is defined as "Wiry activity resulting in substarrtlat expansion or chatrge ` of a surface water management system that. mill increase or decrease the design discharge of the system, increase pollutant loading, change the poi?ri or points of discharge, or intrude into or otherwise adversely hripact istellrnrds by rinr• ditching, draining, filling or excavation. Routine . custodial triai?rtej ' rance and repairs shall not constitute alterations (Chapter 40D-4.021(7)). This project will increase (he pollutant load and the design discharge. Only the point of discharge is expected to remain unchanged. There will be no adverse impacts to wetlands, Therefore, by definition, this project represents a substantial alteration of a surface water management system and will require state permits. This was convcycd.to Staff and the current President of the Association during a meeting with Pinellas County, the state delegated authority for stormwater permitting, on November 22, 1993. Given the permitting requirements, for the project recommended by Staff and recognizing 'tile neighborhood's desire for improvements that preclude a pond, Staff developed another alternative that would also accomplish the desired road improvements to the surface water management, system, but would be considered' routine custodial maintenance and not a substantial alteration. As a result, no permits would be required and therefore, no ponds would be a project requirement unless the City would assert the need for, ponds in accordance with the goals, objectives and policies of the City Conlprellensive Plan. At the public, meeting for the Del Oro residents, held on March 8, 1994, both project alternatives Were 'presetited to the residents. The alternatives included: A. Alternative One: Provides f'or an enhanced level of service to resolve the current drainage problems and would include larger stormwater pipes, stormwater treatment in the Del Ora Park, and road resurfacing. Stormwaitcr permitting would be required, Pond design would be subject to resident input for design considerations. The final design and water quality treatment would be creditable .iindcr the National Pollutant Discharge Elimination System (NPDES) permitting process for consistency' with the intent of (lie federal Clean Water Act. The design would also conform to all the City Drainage nnd'Comprehensive Plan Policies, State Water Policy, and i ,related federal prograin requirements and acts. '41 t ?a _ r . , of •. f r r , Del Oro Letter Report May,3, 1994 ; - Page 4 Be Alternative Two. Provides no change in the current level of service (<i irr to Yrs) and would not resolve the current drainage problems. Stormwater liipcs would be replaced with the same size pipes presently in the ground within the Del Oro Community. No stormwater permitting would be rcquircd and therefore, no mandatory water quality treatment would be required either. :'Tile streets would be resurfaced. -Tile potential would exist to add, a storrnwater treatment.pond' . for water quality protection at the Del Ora oulfalls at some later date if the federal government i imposes.NPDES requirements to reduce the pollutant load to Coopers Bayou from the Del Oro i Community, consistent with the federal Clean Wntet- Act or State Water Policy and'the National,- Estuary Program Comprehensive Conservation and Management Plan for Tampa Tiny. Orr March 21, 1994, Staff received a letter from the Association Board of Directors in response to the ' public meeting (Exhibit C). The Association coniinucs to contest the legality of placing a pond within the Park and in addition, formally moved to: Regztest 'the, City to replace the eristing 12," stores drainage pipe 3ilith neiN 12!'.'storns drainage pipes and inrprovd the two designated spots on Bayshore Boulevard with 1tel"rsfloius and small ponds to handle these limited problem, areas. Designs of these ponds and corresponding landscaping to !rave input and design recommendations, front the Del-Oro Estates Honscotvrsers Association. The Association requests the City immediately proceed with any necessary p&ptifling to determine if ' !Iris proposal can be accomplished as ive, recommend." The changes. requested by the Association Board of Directors, which herein are'considered Alternative IIA, would affect surface inlets in two locations and enlargement of some underground pipes along Bayshore. Table 1 compares and contrasts the . alternatives currently being considered. Table I. Alternative Comparison Summary and Recommendations: Everyone agrees that the . roads ' within the Del Ora Community need to be resurfaced. There is little t't'" °'?"' LOW 1"?ua_ Ir>t7r tias r? 1A TA 9411 or no disagreement that the need for road resurfacing is due to a failed storm sewer system. 1"""x`1 { • ? i E f i 1 1 In addition, there also now+appears to be little or a?11 1 1 _ _ 1 _ no disagreement that sonic . minor drainage, . 'problems exist and that sonic degree of uwr<r"u ;1 1. 1 improvement is desirable. The only expressed concerns' remaining appear to be the need to •r- Yu •-• Nr •t- rawro create stormwaler treatment ponds and whether the proposed 'location for the pond or ponds and . allowable within the Del Oro Park. yf``.??•. 1•'t T .f' ?y ?•MI'?f` ' ' f ' . Del Oro Letter Report May 3, 1994 Page 5 L Legal .Issare Related to Association Coneerrrs fur Pond Placement 1111 ritt Del Oro Park: On March 22, 1994, an opinion from the City Legal Department was requested to determine the legality of placing, a stormwater treatment facility on parkland (Exhibit D). The opinion rendered by Legal was 'inconclusive without a title search of the property, and verification that the land was purchased through a public referendum. The Legal opinion suggests that a pond may not be acceptable located on property with deed restrictions,that limit the use of the land to "park purposes;" however, only a portion of the Del Oro Park appears to. have these (iced restrictions. Those Oortions of the Del Oro Dark with the decd restrictions could be avoided and still accomplish this project with a pond or•ponds located elsewhere on Del Oro parkland without similar restrictions. Establishment of ponds within the Del Oro Park, if not a permitted use,`could certainly be permitted as a conditional use (Section 40.564(3), City of Clearwater Ordinances), The precedent has already been established for this in other areas of the City where stormwater leas been • ndded to existing parkland lakes (Crest Lake Park, Ross Norton Park, Westchester Lake, Cliff Stevens ,Park, etc.) or where 'ponds Iinve been created on parkland for stormwater treatment purposes (Eddie C. Moore Complex Pond, Glen Oaks Golf Course Pond, Frank Tack Park Pond at Hercules Ave, and, Sunset Point Road, etc.). The Legal Department has recommended that other' alternatives for the location of the pond be researched.' As the Del Oro Subdivision is firlly'developed, no other alternatives for pond placement exists in the area unless privnte property is purchased to accommodate stormwater treatment. If the concern is one of legal contest, the recent'correspondence with the Association would appear to suggest that placement of one or more ponds within the Park may not necessarily be objectionable provided that 'their size were designed to be as sinall as possible and within guidelines established in conjunction with the Association, 2. Enginccrutg Issue Related to Associations Concerns for Pond Placement in Del Oro Park: The storm sewer system at San Jose gild San Mateo Streets where they intersect with Bayshore ' BoulcN.ard are presently undersized and create it ponding situation on private and public property, at both locations, during, moderate rainfall events.' To correct this situation will involve, in addition to new enlarged, catch-basins; the addition of enlarged feeder storm sewer lines and,a new, larger outfall pipe. As a result, the threshold dermilion'of alteration is triggered,•requiring stormwater permits and water duality 'treatment. The degree of (reatment required for the addition of new, larger pipes and catch basins will not only include that water ponded 'as a'result of the present, inadequate situation, but the entire' volume of water generated by the i6terconnected. drainage system that contributes water to these locations. Therefore, the alternative recommended by the Association, while it seems that a reasonable compromise could be achieved in a smaller treatment pond requirement,%it would only be pe'rmittable to the extent (lint ,the treatment volume would includc..the entire sub-basin drainage areas for San Jose - and Sah Mateo Streets (31 Acres). However, the alternative provided by the Association would not accommodate treatment for San Pedro and San Bernadino Streets that would remain untreated outfalls. Should the NPDCS program require ectrotit in the fixture, the stormwater system would again need to . be modified, at public expense, where to modify the system to meet the intent of the City's. Comprehensive Planning Requirement now, could produce a long terns savings. in •i: ?I 1 t .d.? r t': ?., „ .i' k #:ryti,'fY :. ??i ?' -F'' t: ;???rP eh S', F`"?, '.,?.?'7?•'.?r:¢f3a? ?s't'iiv,`t? : ? :•Sf ' ', ''?r•?, l ? . 1 ' ? 1 ? a . r ? ' ?r / ? ' ? ! r ? 'r ? i r ??. r- t x?'Y 'S. J J .. ?t ,1 , Y s':F i• : •.f , y [ ' r ' ?'.l i/ .? }5• •} ., ' CIA f? ??e I]- F1: F ? .1 ' i s t? 'c:'??3 ?` ?: 'Y: . • ?'j6, ?-i? ?? ? r' ; ,E ?) #'? ? ' ' ? •7,? • . x• ,i , - , ,•? '1, 1 'P. t 1 ( ' I. r , r ,? . ' :S?F. . ?t FF '5 ??''?+ t: IStr s''ri,y' ' ',? ?? J°-r !? , •?. ' d ,P ^ ? 1- ,,a 1 . ? , : ` r • • , ? e .i? Yf ?Y. •e? .ti ? '', f.. .. ?1 i. ? .. - ,? [?` ? I? `.' ? r'• ` . - ''r? ? ..t' '• " a ,? , ; ' ? '• :;; ' " . . - f . + ° ' ° ' ? ! , i ???i: T .i'?.r1PPi i ? ;r . ?. j ;, .P , , •i i',.1 . •i.• ._??S?, Jw'j,{y 1''1?v'I.FS . , It i• 1 ? . ?if tj?' : ?H u ' I ' . !? r _ : ? # ( ?- F= ` +' . { d '? }J • - - - - • , r . . • l [ . .: - . h. . .J ., N ... .,, F ,.... .r ., .}' -9i vf. •.•._,.. ... .. ,... Del Oro Letter Repot } May 3, .1994 A . As it result of this project CVgluatlon Star r 'con17i ends that:. ''..• • 1, . The City. `Staff be authorized' to proceed with the Del On? Subdivision General 'Starnt , Replacement Project- Phase I in, accordance with, the desip'tt , describer! Herein as Alternative. Otter ' f « • :' 2i .,' The City Staff he'authorized to proceed with a pond design that shall be located within the Del Oro Park,' w thin areas not restricted 1,•y deer! from uses not solely for park pterposes. ` 3. ,`..; The City Staff be authorized to Work with the Association of homeowners; to provide appropriate pond co' hfigurution and landscaping. ; jt'l 1'? - I ft• + ' • ' ? ? - ? - r f x ' J .- r i • ..? y [ i. r ' ' ... 'f ' rt „ . # [ ' r % ;, l` , 5• y r ? ? • ? e ? r - ? '? 1 ? ' ` ? ? ? ? F ? `?? ? ? a ? l . • 5 ?1 ' e ' '? ? 'F ' ' . 1 ,• 1 , f. s ' Via.. Y?q. - . c ? ? ?? ?:r x ? ' ' •' x. ? ? ?r ? J ,. a , 561; #f . •• <: `f:'. ,?aJ '?, li = - tl? el'1j'{s{r+ '".34??fyt , I I 9 EXHIBIT !t I r.31994 A PR ' • . '11,1,,\?•t.. q.p...T•.1,. nr+..L. .. . r. ,. _.. ... .. r,. rr.. ,, ... .I I . .. . r . . .. _-'?'?:.. :•:1: -•. ill or. m r r ' ' 11U ?l : ".;`1? w..r.'i„ 1• ::c IT.?.? 1 F. ;:'.•r,:'' ' neecipt t rtersreAl -•i. tantt 11+c P1,1n Amendment Io ?;?•?, ••••.' ` Pill, Itr,/Sum(-I+trlrlif, 4nd a Iart lnq Aa!cildfneA( to )'1St' for two parcels (?A t r I the first IacA:+:r1 al llic SK ' t,F.,rir;'',?•.. acres) '?•"l?"•,."'r,.',•' t• carnet- of Ifand)hwn $l. And Prospect ii, t'?.'•:1,t ?',t , AY-7, and 1hr sevond loc;tted it- 1516 ;,±4+?ir?• •, :• Prospect Ave., neIm nt 2nd Add PIk :(??+ri'i;F,•'"t" ' C, Lois 1-4 and 0-10 (lloodlaun•Church *'?i..'?'t••.+:,°;? : ; of C,o{: T90-04, LIN .13)(PLO) f1}?' ?t•)' 25, Lend Develapn+ent Cade Amendmcutt T.5. neeclved 7t neferrerl as - amended,. r.?'N.i•f: ' : t',' f•. t nr!trl trod by the Clcarlr::ter 'fir: 1t •, I1 ;t' Comprehenslye Plan (PLO) ; ?+,i•' y R,'•'`t. MY AffORUCY +,?s,??•;rr•'', ,;'..z;` i Agrcnments, 0CC6 3 EA sernf:ntI ` • ." - 16. Drr, innr a tit 111 t arrd s idasrrr }k ?:-?•":;;,'. '' ;? casement - Grove Circle Sub;, E 17' of Lot, lb (Sotith, Agolar And Dlshura) • 3 •+,t•rlj +li• r••c•?' x (11ilEIt 11LI15 till CITY 5AIIAGt11 REFURT 27. 13'W:rlocal 'Agreement for stornNater 21. Denied. 'Directed stn.! In lrlcntlfy n t'???,; fig .?ti?„ .,,.,;;•,;• ? rehabilitation project for Del Ora more ctffclcni, economical Site, , 5uhdivlslon (P1f OF r? r.• r dti 147 f:.'' r y'?.r r'jf1,? r,);r ` ?;,.,,r•'.• ,.:•., •• 20. Pinellas Trails poutti through 20, Approved. . ,l.• s rh_ ('i?N`.•r?:+"?,-'•''•i1 downtown ClC:lrwater (FR) Cry"iti??,r;;:?t;r'' ,;;???r.?''?ti :?',. `.•• '29. Preliminary Site Pian for Island 29. hcccnlcd and forwarded through 1.11: E:t,itesrDry Storage fiarlna (1,I -acre process with final action by the City F5 h m.o:1.),Additiort/fter.ovatlorrs)located Cor,'misslan. > > `,,, •? at 271 ttindward Passage, Island . ?r+ `'}••1c.?r,?.'?2ti?tti:?''•P?11;r;•• Estett:s Unit S, OIL, C. kot: G, ?hit ,? '" 'h(`•l-?`'f1 ?'?;`i,s' tom' '' HeuheuY/Ga for PSPgO-1 } PLD 30. Receipt I Itcfcrral of ncznnIng and 30., Recolved L nuferrcd with corrditia,:1? ias.ter Rev ..z.] Site P1an -Post . t i ,, (,?. , +?1i •?;;:',.t.. itarbortr, i;m.' 0rowr ,,uh., Luis 10-1Z '' ?, ,,Y??w?Sr;`'•?;:;i'•= `'? and Day tlelplrts, part of Lots 1-0 (Z90-06)(PLD) ??' :•st ti1,:•,? ^; ,; 3t. Auf.horirr construction, technical And 31. Authorized CDti to.perturm setviers. ;-1%,.. + Tr??r{G?;??r.; • permitting strviecs for The tell ; 1; .'1 ??;•c7:?1..I.'t?r. r 1e)d 1116bilitnlinn project for a ;, r'`?+t,t ?i h, ?s.y' •, cast of S)33,091.00 (PW) sf," 32. Aes,190-33 -'noyisod fee Schedule for 32, Approved. Res.190.33 idaptvJ. ;.'„ .• .,t+? v' „ y:?i? , land U:c Plan, Toning, Site 1,0 . ??. ???{•t, L-?• .,fa;,, ? Plan/Plat. Conditional Use Perrn(.t, ' •:? ,4 '?' •?.. r •?[,-l:r{?i`r`'`r;+: f Variance: and Concurrency ItevNNs .7 P 1. D .. ,iii '' •??;?rl ??C ??'74••• + ?tl.wr,lti,fft fi 4r•1.?? : ' r , ?,-•'r).,JS:'C?•,,?ri x) Other' Pending hatters XI )innr.. •i;? • :? ?`'? r", ;' ??•r?.c:'';j1( Cf1Y A)IUntlEY 101011 }5 ? ?' ?f ?r?• J :t?';'ah;?rt.';i X11 nrsGlution; 1` - L,y ?YS' ,?? '• r 4,ig71S?f? 33. Rcs.lyq•34 = aasesslnn *opnr.y J3. fit a.f!t0-3ri adrp:.d. M • .* ,'?;?°t+.?t.f?,:r% ),'ratr.d In Pals. Pnrk• 5ub., Dlk C, Lot ; f) Tor the. costs of d:molltlon in the ;•r._ ty t;'fi1?`, 3; f'ii' nn?t,ul 15,4A0,35 ltrcurrr,d In rcmovino ,t I 9c s sir et e; )% .•; ? •"' .?. ' ?. * y"'/Cr lF?:' tfan ruu a ur r•'`'t'• i. f •i ?? ?r•, r11 alt Oil .011f I ??. ? f •?: `n .Yri? •f j` 'd• '. .s• :°'?',?+? 5'}?•.. ' Vii. !f, • ? 111. •r't' i itltku;r ??i?l ?ti N?;t???i,?=il,?,?,? a?,r.1 j??;:i'ai, •,, j. ?Il. i."`•?; ' ? ' r • •r r r, ,i• ' :?a .?l.',t''??.tt:?''t ;, •: li 1. ,tj + ',, 1'':.) FS,,•1 i,:,Ir +I.r•?l •, , . ° '+?'+'. ` 'r?.? ?tii?il;Ftt?Y,tt?l`:,?1A.?:?'?•'!i ?:Y'lPr'I;; ''ri"i' •'t+f i• .." •,,,; +` ?+•,•, t.f,l R, ,'.r•,?w.;r•)•:?;'f'i;... '1!', :L .'+\ •? 1 , r 1 r? .1 4? ., I .• ..1 •;. •S,' .+'.7; 'L; y,l.. la` ffl `1, ?`S`i `If. t; I;,T:'?1 !. t,L',i. ?y r'• +'+ i, rr" ' r???? rY' :1I, 'Z/ i"'? t'! ='a +.;.'?ar,1 X11; Ir,tr?.+r ta'?/ii;'ti?i•`j'•' . rl ',. . I' : •,; .,' •Y rf, a.. ! Irk r?' ! It 1 ?'.• ?+' .,' :. ; • i ? • , . .r •••r., r. .,.t ?'•••.'iryr?fil.'fi;? r`\f?ati `'l?ir??,;!':!'• '1 fa.%?. r'IS "ia?? Ilr TSr; •li'I, I. ?+1• t .•': ,:' f•. '?'? r, 1 ., .J. zlr{,?•} '? ..:e',' :+'.ra:??ll, y,y+.r !. ,I ,a r.. ? ?i.. 1, •? ,i;r•',1 • •?• '•?`1.t=.:.;'... ,4tJL?? t i. t.l.. 't -:(('.i.a?, : '?i';' .r.1.? ?;, +??, `•, ?r t ,, , ' :'; ',..1}. .f.. i;?: 1r'+ty-+T='''?' ? S, •1?4+iY,.fi.?;i ;11 •;•L:(. ,I?. a.r ,;.ii k. .?; .1•.._a ?('; i.•(• .;t•,t 'p, 'r<.?. .',' t ,rtr•:r '•?:. '!?• \,t.1 .,r, t , ,. , 1 f • , t L•'?r S . ?)y ''!'! , r r:'i. ? ?ry •?S, fy?„?} tiA.ii i+ri?ir?' CIj\tL/7q,1 ? r 1 : ?, (' 1 •rl.{ r I t?,'+P Y . y Y lv?I ??? '1 ?.Z.t f,.i{•' ?SI :?•' r?', ?v. t,r '' r • t "';t• =?a Y'•1. 1l df^.y+'ra.dih{•l f? " ' , i r ,•.. • ""' 1?'4:??? * [:.1 ' ?:µ `•r..w ? ?+ 1 7rt V ?.Y??I `'?1, + ?'_ ? y1 1? y?j ?5'a,?.? +?:.r? r ?,w ?il :? ' i', 1 ?{ 1•rl i r,? ? ? f., 1. f + ;1M rFF ? L .1+'.T: ,fi•' '?I''(} ! ? .(}?•1 r•= 1 a . w ! I 7? t :•!1 .'''t ti' t5;j f , j.?• 4r' 1 Lf 11Wf!Ifti.1.41Tl.rS(!I^ .',?".'i:.l?+Fll'F, i.l,L?! ft4?=} 4iYfa a.r tWF. ':'i•)•lah.?:"r "A'...4 fSOW, ,•1. il.?.".r'? ' •:r1'r':1+1't'r'}xi;lJan, . . i• r:'•.i %r. it i • ;;?•! :11...71 fl•'ia\f,...xfi•.! L. Post-Disaster Radavolopment Variancos Consistent with the Comprehensive O Plan, post-disaster variances to dimensional requirements are not to be pfurmitted -!.% r,.:,c#;;r,;f? unless other hardships exist. . it r? ; :.. ;i? J. n , '?,••lr?.ii' H. BaYyshore Boulevard as a Sconic Corridor - These am_ndwents strengthen an ?': +',?•.'};;?: ''tF?'t? '•' i f;•;s •r.?rj' i • earlier Cotmission resolution that established Bayshore Boulevard as 'a scenic corridor. .' iti•- r:li(?•. ' H. Developmmnt Aonsities Seaward of tho CCCL -This amendment prohibits the ''"I.•s'!?•i,•l:'•?a'P i assignment of density to properties seaward of the Coastal Construction Control Line .': ?.•{;f•l,s.:,,•:•f,r.t ,.•.,•,.,r,:? . wf' • , 1 yl? •''?.4L 1 t in accordance with Plan politics r,%,;f,Sl;.r\,;:.1,+A '7'•.'r,,c ` In response to July 30th work session concerns and suggestions regarding Lite Land Development Code amendments, staff has made the (a)laly ng chanJ,Ies: Item A - Transfer of Development flights Withdraw draft proposal to permit variances for transfer of devel6pm4nt rights projects. ;:?1 ;,., r1:\:?' Sij• '?1»'l"a3; Item G - Landscaping Standards ??i,}•...i-,L+••',;+ i;r•L:-,lI' Revise the beginning of subsection c.()} to read: From street rights-of-way is landscaped strip shall be provided between any nonrl:sidcntial and multi 'family development apci all strcc t ,rights-of-way; :;;•'•;;;,,t !,l i p ,rr,,; ' f.? rat•' excluding... :•,l'' ;: ??,?''"'t??^`?;,Y' Xx- Item K _ Nat Density Withdraw this item revising tilt definition of nct•density until the f:rt ,?;: ?':;' '' '+;?,ti ?. :?• l , •'•' r.:.? •ti r•; +.I:? ' effect of the,Pinellas Planning Council consistent program is known. The ,?t:.;:,`?'•,'='c''fi""i'`;'F'ti??' Conmission has indicated a desire to not perntit; a density increase as a result of this proposed amendment,) :;?t? 'h '' i3fi?'ati ??• ?V t'?„`.'f fit::; •'t??y 1?` J?• ! Commissioner' Raoul skI moved to race ive the draft Lhnd Development Code ?L:j;rM:?; 1,;`r?x :'e?i C Ti•tr?? i amendments as amended and refer them to the City Clerk to be advertised for public :•.• ??,'.`tti"•r?,;it•+s' r;kS r hearing. The Mtign was duly seconded and cnrried unanimously. %?{?t ;uy ?{'E(1 ,ttf f?, ITEM 127 - trrloca A r c rrit for stormnater rch:Ll117itntinn pro act for bel Ora ?i,• ''' .'•,•{;sTiti'tr erl?1??i],'I lp? ` {lbdivisio PH A(=:. ,- The Southwest Florida Water Management District's Surface Water Improvement - t ? •r and Management ( S.W.1.M, )Program „ • (..r,+ ;'"r?.`+?,?'=*+,,`Il? has identified Tampa, Day as a priority water body ,r.:.,.,a;?r;;;;?,._.,t?f+•', t;sa y for protection. ilunicipal and county public worts prajer¢s lihich are designed to : ?•;Ct.?.,u,. ,jf45A, ?: •?r•i t., `l yt•1 ..'F'L\.ar ?1 r treat starnr?ater runoff from existing development discharging to Tama BaY are L ,' I'. +• { ?'•i1 "SIC r:;.-'i•L(••1y .?'t'? •r:,.r,?. t1L + eligible for matching grant funding from the District, A stornxrater draint.ge system, ' aY}s;lY+}{..i;,y?'•?' ?Jty'i;?i for the Del Oro Groves Subdivision on the shore of Tama Ba was cunstrutted in the " ~?'• •`?`+`'t: r: Z vi` early 1960's Starln+rater collected from Lite residentiai str cts of this subdivision are piped underground through Del Oro pat'k wih direct discharr? es•to Tnirpa Bay, f•.t;':`;i??}rk'?l, i;i ` if this stormrrater flow could be interrupted. and 'routed t}1rough a natural ;?ti +;; r;, ;: ;y;`a;'•,*'1 "' ' t5i retention/wetland system, considerable water qulity treatment could take plate. :;1 r?;Lr'? s::?•?c: J?!; t r??3s hook 44 0/2/90 A L ,, ;• f..;Sti lal.•T `!t>rTr?'?A?O'4?? ? u't '-v ?1•'(? rlYV" ?. ? 11r?,; „14t7i ('.•q.r' ?? + f"t•?--..wa+cq••-? _Z Ir k y in tiu,?l=SV ,aqr ; 5'?tY?r `ii r Si? 'tP+ w a+.ar 1 31'• 1'{h•SS?f". •? I tlw..,}a ,I lat•a , , 'r.`n L; :u i. t a r r i?1 .Cf r> r . ,? t d ! 1 ?••• i'd.tt 4?1??r r1•:: , ,.: iC:.n.Y.?,r `y;?'„Y?wty. ` , y+'rr ? y !r• r? L i 1.•v ,r,., r: •, c r. ,ilr.•..,; t'?? r; L' L'.::i.. • y•'• r .)wc,,..-v,• I, • r, y ? +?117 L.r fa r rj tt ,..,•, Y.. «,: Ii ,•a ; t. ,. s r a . .'c-??i... ,..+,.r?L hr rE 1Z !rt{..:C; FiLf r fi S1 M N. ,G !{V ?' t l r i?i J• t . nI !' Ir ?' I J? + t rcy I. t .> r•. '• 1't. .., r t . n 'i°.`' {? ii. ,. P 1 r r { ,! i!, 1 ,'1 i I 1 b? a,L; I 1 ;f t:?' 1".: I 1,:: Ir. ' ?' .,1s:'r;+ ,1+, +? t • r. I •.?., t f I ' I , f{' ? ? wed%; I, ?•t M1l .,!•? f•; t''il • '1•, r r ,.. . (.' '•f . 1 L is ; ,r•«•.C J•t+ I ., 1. ••r ?,}i ?+ ;;SJ1{? ' Vt •;.?5 :`? `r .a ) r"t' ??'lf''L1f ',f l; ? .. t 1 ? 1•r l'1 f? ' , . •r. '. 1''t :1• ? r• :L: i!ti? { 'St 1 CI?} ti . ??A?'1 ?. 1'Yr?.l r}1 Si i la t? +' (1?1r '.y.....yi' .,r.; .,1?...tYr. /,..t" ;:•L; :'i.;a. ••/ti• jt'. :.i,. ?. 'fir; 5+1t vrS 1 '? til ?i .. ' ?•,1 ?rr?./?,?9}i r i:: :. ryl'YI `i dtjr ?](ik lir{IS. ?!=!+..5 •', r:, r'. ?+•.r . •'4 ''•,i •: r.. I,: :'•1. .,.. . r. L. ...r :.r"„• , , rN....j,+.i'..P• ? i??'+?•1'1 ?h l•.;1 v.,,r; •r•, ' a i ? .r: t .. I' 1 e •;f 1 ' ' ; ? ? ? .: ?•S}. r?,•4J;: •.y :+•i',1?'.i,i1 ?: ? i''?'.•4...N. ? ?:l ?. . . . • ,• 1 0 1 1% t %N . '?4•`tirt?'".f {y.5•?_???}:'''i .??tt?'•: j''r •1j?, i,1?. 1 •• ,'' 1 • 1 . .. r , .5 .. ?laYl:t'y .;.1i ;',y i •.4•$•'''i1 '' : •' 1 , . .?••:t? .:'it'•i?1:t.1,'::?;','., • ',,' 1 wl ""ri' ?,?y'(tit??1?i??'r?rrll? t'lili?%l ?i;`..:•3f)1'r?rtil•':;??:??Ifr?:?tk"7????qf:l?+??{?i'rd•r?z':,:(a?,;.?.•?,1? ?.iti•?.:..Iryin . ? r ' ' \t,•,,; .,,.. r' ,ti •r rf .r ''7.\+.1•Pa, ,jre?; Si S'h+l,• ? r•,• ''_• ,• ,' • ? ' 1 = 1 , rl+? r +. •'•i!•w ti. ';'..1 ,? e rll .• •- •'q•.'y' r 1.:Y:? ,• " :: ' '? ' ' .• , rti r,• :: , d. ? r j.a .i, ,. •. r:S/:' If i .:?•..r.ri: ,:I lr . 7'-• 1 ?'i 7 ' ' S ;I?' ' i ; il, .. . r.a i . . • :1'.. ! •'1 rr. . . r o 1,4. • '? . ; a ' ? ' ih$`?'?`•'•til,'/.i L'?•1:`? ''''??'' iv t'?.,`rili. :.•?'.'•'..+i?.r: f"•• : ? i a . 71{''1: Vi .'4i fti: [: ,• .i i {' k "i ' 'Lr l .! :, .•,' , , ,D :•r r • r; 4.;,'f• ?.?, if properly designed and maintained, the wetland ;5rea will also hove educational ill value for those Interested in how citizens, city and state governments can work ,•,.r.,4;; together to help,protoct the water quality of Tampa Day.. Educational. e,•11';btts can be constructed in conjunction with observational boardwalks and interpretive displays throughout the wetland treatment,area whit!, point out how natural systems can work to treat urban runoff. The area can still be used and enjoyed by the = 1:=r{'', ?? °' 4 ?.: ter his residents as a passive park. , iS1 r r On September 14,.I.M , the, City submitted a concept application to the District for - grant funding •for a 5•14.1,M project in Dal Oro Groves park in competition 0th 76 other projects submitted from the in?ncdiate Tampa Bay area. . The City of Clcarwater'.s conceptual proposal was selected, along with 16 other projects, by the District for grant assistance. An interlocal agreement between the Hater Management District and the'City of 'Clearwater Is required to begin the actual design of the concept described by the City. 1'n the interlocal agreement, the District agrees to pay $220,000 towards the design and construction of the project,, The City-would. agree to provide a 125,000 cash contribution with additional in-kind services of constructlon management and maintenance of the projact. Since actual design has not been performed, severa)' conceptual drawings have been prepared -to' describe what may be appropriate for the property 'to accomplish the water troatment,and educational golds shared by the City and the State for this pub Iirr property. The agreement provides for Clty participation In the review of the design of the project. The City shall also be allowed to approve any final dnsign prior' to. the District's consultant applyying for permits or advertising for bids for cons tructIon'of the 'project. Tliis City latitude to make a "go/no 'go" decision following the completion of 'design is important'to ensure that the. project has an outstanding chance for Success as,a natural treatment site, has a reasonable long- term maintenance requirement which the City can manage, and is compatible with the 'existing passive recreational uses In,this open space,aren. In'conjunction with the District's S.N.1.M grant program, Tampa Day has been designated by t1he EPA as an, estuary of national significance. In this prominent position, one of 11 such estuaries in 'tile United States, increased studies over the next five years will be made. of the impacts of•stormwater runoff and other non- , point sources of pollution upon Tampa Day. Following this five year period of federal, state, and local sponsored research, there may be Increased emphasis from ' the regulatory arm of the Environmental Protection Agency (EPA) and the Department of Environmental Regulations (DER) - for the treatment of existing storm%)ter discharges to Tampa'pay wh7ereyer possible. T11Is.potential regulatory program will come on the heels of another. existing regulatory program directed by DER, and EPA for IIPOES water quality performance permitting of storrmrrater outfalls for cities of 100,000 and greater, effective in 1942/93. The combined Impact of these two state and federal programs foreshado?s-the possibility of regulatory requirements for stormwater retrofit work of the type conceived in Clrrarwater's grant application. Book 44 4 8/2190 T i•:i ¢ Ir ! ' ,err rX, l• X11 i List rte.. _4, . .... r , ., ,.-. .. ::, .? .....•:r.:•r.,.r? t•.•.1?..:r:rs:7rrw•??wl•.???a.:.: H?i?Cr:S-f1Rl'i'h?L'•iT•1'?1?,5?r-7r iJ7,C?L1?"!'?/,?? ? r, 1??,?: r?S.', 41•+i •,'•,rr'•• ?;,7t r «?r;r,.. :. •.? d .'•r, •}.:.. ' r,jl.; :r..•:.l,t ,;, :..'rte .:i •• ., .1.\ t ..,. pxJf :: :,l Ili ?::i '' ry +'?r•,' ?,II ••1''1M •. ,: ' 'I?.l • , .r •I,? \ t. 4• '•. 7 rhl f, r, 1t •' Z'.i rii4l w:-.?r4wr2i. ?,i??.t •?+,,'r ;far'*. •,':+;?1?; :'.tl ,r':'.:•ir .1•h. \i?'.. •.'r?rPii. l: ': J'r t,•?'I''': i,. 'l•'•r, '•>..' i :.?+:•.•1 .,:+. . Sr', •, i. ,,.,i •'r.f:!''?1; ., ••.. +'..' ,, . /. . {: n'., ?. •S,:\;, ,'„'•: jSS?' i'. t? ? „•'• i';y?r',+,1,!': y t, :•' 1• , F, ,•r:•.?, •.,.e ,1 '" ,r ti. ;., , 'i!!. .r•,?•" ,1+ \ " :?"?;i'; r' 7?• rr rr ''',. " ., '•Ii ??fS:'y:1',.Sr'•„?' •,.1';., ... .?r1 .1 ,'ll :?•••, .%,??,•.? . , ,."a• ''?4 A 1'. 4 ;a6?Z4i.C:tiYC?' PY?•I ?ALIiiIt.Y,Y;`,lr l.T T.?(i•?A,'iettl r,ia+. .., .i?+ . • . ,.. .. ., .'llr4 •- ?-, While storsrwater runoff pollution' from the Del Oro Groves coastal drainage basin does not have the same magnitude of impact upon Upper Tampa Ray when compared to much larger drainage basins in the City of Clearwateri Such as Alii9ator Creels, it is one of the few sites under City ownership where stornrater treatment retrofit projects for Tampa Bay can be constructed. The District also recognizes. tie demonstration value that the Be! Oro Groves proposal can have as a water uality and educational pproject because of its manageable proportions. If the pro ect is not implemented by the District and the City tender the: general guidelines of this voluntary grant program and tnterlocal agreement, the City will sue no iirviediatp consequence. However, in a future regulatory climafs, the City sway anc day return to this property to construct 'a'stormoater retrofit project as a regulatory rc f rem n without the assistance from grant sources. ' Staff believes it is highly advantageous and cast effective, to enter into the interlocal aggreement between the uistrict and the City, with the proper "go/no go" decision auttfority reserved to ttic City Conenission following comilletfan of ti;e design stage'of the project., The City Manager stated the agreement has been amended to more clearly state that the City can terminate the agreement if later ditisatiWell with the (lesion of ` the project, Mike Perry, S.W.I,,M. Department Director, Indicates) this program is a way of dealing with surface water bodies statewide, )line water bodir:s have been identified in need of improvement with Tampa Day being the first priority to he addressed. -lie indicated extensive urbanization has degraded water quality with most pollutants coming from urban runoff. Ile said. one way of dealing wit)? this problem is to retrofit-older developments indicating the importance: of manasfing and maintaining retention systems. Assistant City Manager Charles Ilunsicker indicated several projects had been reviewed and it was felt Ciearwater's proposal wosfld have the most irtpact, be affordable and represent an opportunity for the District and the City to develop a design to-purify stornwater before It sinters Tampa Uay. Ile Indicated the District is trying to work with each government staying within a set amount of funds. Three citizens spoke in opposition to the project questioning whether the proposed system will work, whether It can be-cbMpleted vi$til the funds allocated, if in times of drought, whether the ponds will, hauma dry depressions destroying the beauty of the parkland, who will be liable for the ponds and will they require -fencing, )ihether other sites had been considered and whether water-sansples were taken from outfalls of Del Oro to,deturmie}c contamination coming from that area. Concerns were expressed regarding the legality of the project due to the property being purchased-with funds designated for parks' and recreational facilities and whether the proposed pored was sufficient to tako care of 1-inch of rainfall. They requested mare research be dons: before a proposal is approved. The Cityy' Attorney Indicated the City acquired the property without use restrictions in the deed. Ile also felt there was nothing in this project that would make it incompatible with a park. Rook 44 13, 21?0 . l0 .•i 1'+??` i ? raw r +Or ,! ?r7,r, Y1J?JSHSI'TJTJSrfT?•?r•Q+Qrls'? R . ?. y {, • fYf :l,T ?+?'1? r 'Ar` ?I •,?'T`. Ji 1 .1.1 e?i;+;?,'J},,: i.t?r} }!r TW7 . 1 ?!?,cu+%4ti!LfarC ? ),, is r? ,r.. y .??l,S'!L ??? Jl????????iy??. ?:??? l1• ..ti?•?7??.tSt? •J r7 '/ iN •?rl•"ei •?1~• ''i?; }:4:••': M?• '1!''•iA?l?'ii ?•v:.i •:1 .:"?' .•..•I•r.• + •f.•...N... ... ,1 E •, ?`( r}?' rr/i?/?Y?i'?'Ji.,?ltiii,???'it'•.s='?i rylM x: fry:li i.i'.'?.':' ,s,4;?•i:i •r1. ??. 71?i„? .'i ?7r • , , , . •..r. t1 5?•,.?t(hr'?,1 Y J" .tf?y lL. , }?Jr .i. ??t'e1 •.. 7 i.it..i; i Y' •y.li?'? ,. u.i ;•.. ? Y:.. • '. ,t • Y :1 r rS?i1',I? C ? Y?fl7 ?}'l i t?:?rlhl:'.?. tlrti': } r,.• % R'L':'' ;• ? . !•'' 1'. •'. .ti ? . .. • >I}' Y 7A. t r.i. r r i.:'r,.t:: ,ref,.., : . • ?. .'r: r•i rt Sf't'•r : Cr ?t? ?. ? .y: , •?Jf ,? i S?'•"'t" 1 s. il.. r' " , ,: {.'.'.:': •'r ? '. ' { , • :?,"?' f?f?i ?: r~if? r (r + 7!7 1tii •'•.'r ?:? T):???ri+'; j • , ?' i;•,.•'. ! • •'t•c ,•r• it 4?>1??r'55I Pill. tr ! ?t.li'rE:' r:.,? ,I.. •il?•:.?;'.t ,;}'`,;?,?;, ',;' ,' • ?J r',. ?? ,t•+••. ?'JJ ,.. d +?r \', ?,t•!ri .r•r:',. ,. .7 .; If.' •?i.••r'. r•r ?'. Je• . ' f fir !''??•!1. , . }, •. ..gay ^r ?••? •; .'r' % '' ?3i=r/1•`: ffr?:/,•C,7t??i?? a???fAn??j..;ti.;,!!a•","r.:•t?ii`.,Q,,'.?? ..;'t, ? ', .: •,, •` > r???5fa•, J: 'llr,~.f}? J?• ?'?,?i ?,. ,? i1''?,'?:li {ti:1..?'.. .,, •i''!'i?«•!.? ,;, ,' t •, ;; ,',' . - ` f +r,Ft,J ?I(?11.?'?;?r'f j•„ftU;,.t?al?,.?s?f?..•rr{ fY?.+?i;'??: t •ts.Y??•SL' '?''r?•'I"'': + • ••?r ?i.?l`i? ??Y;f}•?,.?,r1,?1,?.?i.: ''C.rr{;,,.,.,I •f.•sl'i;•?? i•?l:;ti?'r:'e". y. ;11,.?i'S.• •7. .. • „r?.(1 r.:?,_,,._:_,? ,......,-rrfri'al'??7?;?t?ri?'r?,.-,..,n?c:+cs?t ,.,• r . . r'. ; I IN tlve; Ll }Yi? i •,! 1 , r•' ' ' ' . f:'?' , :1 1\ 7r j?h?` ?lpk 1' fit f 7 t Z•` r,7l A`••IZJj?'ij j?,i i w•(J''' I '1 ,• '.i ,•,. ,N, ', tIJ'..'i,? 'I ? . A 1, •• •:' 2r :,!jY N:1,1 A, 1r 1• iylt . , : 1 1 , ' 1 ,' 1 , r ' 1; • , ' J ,'I J' 1 I,r„ I ' ?./ ,al N;I?, y,f;,• ?I? aF'i 1.?4,?y?,'t. ?.'.!1 ?•1 1. . r ., 'I:. ... , • /•'',• , I•• •7 '1 • •??• ft4?+iih?yi?S,y, l>. it 0`,k) ,1111. ''?,?Il l' .Y , , ',? j , ,11. • .' ' ' 1: 1 f 1'''• ''i:? 1'I?.1 ,',, r'r, l',,'1 ; aj' ltiy, 1; j'?,1w,:?'+rfi{,?.,`t?' 1!{i•' 1:??: 'i ?1,? 1J•i!'4••' ,' •„ •` i. ,i'• ' i S,' •'?,r • ' . I t,,?;'.,: l.l? • ?} '• . L , ,r..:.t,'?' '1 !'',11f r ,1 ?.?w •1'' 1 r •L t 1 1 ,. ,•1, . i r, ' 1 ?',.: { „ r.. r . f,r;t`i, r ,: +:. 1• `r ?S. •? .t ., 1' ?tlr119?1?1 kr y .1On'1, 1 . ,iq t y 7.?I„ S ! '} ='h r tll rl'f?1 ?' r ii f?.e.. /%'?•'••',";+ „•r:'• rl ?. ?. i ?1.1• /if.1 ?' 1 1 fY'i? 1'1tir?.t'I t',y ?4 .3 rYS Ir f r. .1 / ! ?rt. 1 : 1 1 ,.?1 I1'.! SON, `=??'r ?'? 1;.• i'v .'.'''a ? ." ?Ili' ! If i +,«I?+y;??,elyl•,t?,,?t+'iIn responso•tb the above, lit. Parry staled this stale of the art stormraater •, :,;.j;,.r;) L' '"(t "•'n2'`? technique has been used ir1 other areas and' }IC indicated It would have to. be 'r.• rr+r.: f maintained. Ile indicated rodent water samples hnvr, not been taken from Dal Ora +r;„•.?jtit y rrr.'(::.; t;;?'•':i Groves; however, lie sa III enough' work has. been dons on typical urban areas to ;x it determine typical pollutants such as fertilizers, Fro ase and oil and sediments. :'r•.` •? r. tfyt ,,1,•.,•>i(•r} Ile said that b conttinin the 'first 1/2-1 !Welt rainfall 90 accent of the ,., pollutants are captured. in now devalopmants, storm.later is be ng' dealt with I• `'. ,.2 ,.'? ` }i throe It retention ponds sized to handle and treat that first 1/2-1. inch of rainfall. ; n f?irr r? ,'%?,ft1: Y !{ lie sa d the conceptual drawing merely'gives an Idea of what will take place and the would go dry. Ile said many . r,?:7;`1;4:? :`: ; design of the pond would determine whether or not I' sites are being considered around Tama nay with site selections bning made in cooperation and coordination with all local governments, ?''•?: ;:i;2';' rat' ,`???t,' 'i?t',rtlZ;1•' In response to a question, Mr,. Perry indicated other area projects include ?Y?s 1r ?'Et3.1t1 ,:?J(';'d'^..r ?•. ?., two lake systems in St. Petersburg,, three sites .in Tompa and they are presently 1;^;1 41Kr??? ?nlIR; working with Pinellas County to f Ind a site. ' Lta' Jd t' tjs:?1 k:c• • 1i'v tit ' ?g. k r? Mr. perry indicatf d . they wi 11 work to keep the cost of the project within ' .•; ?.?JI'?t•.fl,?.,???; the budget; however, the ultimate budget will depend on the actual design. ,r•,'.. ;; VY, ' ?tr; ? ? Mr, llunsickrr Indicated the City will maintain the project. ile said the Department of Environmental 'Regulation (DER) will decide whether 'the existing ?? •>'???•???: wetland areas can be used. Y5' A question was raised regarding whether or not the volume of 'water to be ?' f1 retained/detained would be 1/2-1 inch over tho drainage basin and Mr. Perry 1 • 1.1. ;9•?+• 4 , indicated optimum depth requirements will be considered in the design. Y':l?4,i, ?r(4A A question was raised regarding flooding flushing out the pond and Public 1.1 ??~t Works Director Bill Baker Indicated a detention pond designed for water quality ;•,;,,•,T} • P only handles the first 1/2-1 inch and is not designed for major fiord:;. .?,.•.Y+.s.? 03 Concern was expressed regarding the proposed project only addrnssing water s quality and not quantity., Questions were raised as to whether or not other sites' had been investigated. Commissioner Regulski moved not to approve the interlocal agramrent ind direct •'.iijN; fit, staff to find a more efficient and economical site to use this sum of monies to A accomplish the combined purposes for storm.rater quantity and quality improvements and control. The gnat' er was duly seconded. Upon the vote being . taken, 'Commissioners Regulski, tiunamaker, Fitzgerald and Bertield voted "aye," Mayor Garvey ;;axis ;r'r?{ voted "nay.." ootsort ar,od, { IJEM RD.- Ring Jns Trail Route t?irou ih downtown) Clearwater_ (PR) ' ? ??f• )rr. At tha City Commis0on meeting of June 21, 1990, two "on street" routes were +w? presented for the segment. of the Pinellas Trail through downtown Clearwater. Because of various reasons, includinq'1 asidont opposition, a route was not approved. a1`1F•' s" During discusslon, that portion of, the route on East Avenue: between Drew and Turner ,i :'•`I Streets appeared td have tentative approval. However, for'the segment south of J 4Yf Book 44 8/2/90 ???t?'•?' :,...• f rt, •. r ..?J. 1, ?pr.?.,•7" „1t1.4f.?`I +.Q'.••.• .,... 1 t, '.?.•, •.,,•.1 r•I lr"1Gr y, r .• 'rI, • •.,1.1•, J •r11•r,,l}', (.'r t'r S'..,+" ' •'•i :1'1 ! l. 'f '; S''< 1,• :•11'r'' Jr•.. Y 5•.'.f' /,;:?, ,::( ,i . k•7 ;,; '•>. .', 11 .:ru`w.`• rr? i.ji,??:wlr{I% ? ?SC it•' t t: r 1 -t A A'l F?:''!IJ •' tif? \. 1.<' ? h• 1 I?y;l.? 'ryi{I(( r, _:?f••., . . ,:?:41. ?,1r?'. ,{3 .1 t?j °( ly( ti 1 i',?r•,r('• ` r?+:Ir ,: 1 r •? ' jT '(? S 11 •' 1 1 L Ir,.: 1 r y >1 i ! ,'1 p /.ti'? i' !' 1, r1 .. •t q L+J ''.', y '1 ;: t?.l i 1 11 fI /1 Yi ,JIr r tia.r, •r l''Si ?.LY 1 ? r ' It': f Zi' j,s": .':•••Ir: 1 } I., . ; 1. ;'1/ ?.,•tf?1 ri ?`.'.} ..'?f.r 1?r ;' ! i.•' ''f•',.7_'S? ?7'? ? 1.;.?.• r-1?4•' :f. , ., I•' ,1 Ar rJ? Ohl •'li 1 '' ,? 1• ,JA ?, ,Srii 1'.! i,.? rt. ';^.,. '( 1 ,?.:' ' 't, 11.1 ?[•? I,' ?I:i L, •. ?'. 1, a :, r' J. .,J.'•+.1 ?..' ,r'.tl'? 4 r 1;1 :.:'., , 1' . f .? Y t f ' K•rJ it , I .4jA>},fv?-p?y (1° f ( i(??i 1•r ?j •'1• ,ii';'.•t''Clr r,,.,.. .. i.lf'; r.' r S , 1, (Ir; ,... i'•?I.1 ..?„ 7: r,?" ,,. tai l?,l ? ? , l ???:{I: ri i,??%I? 8' (.,. J' t ? .:1. ,'t. '' 1...•l. ? ;r. ,., i;li:' ? 1? ?I,r{f.;,' _ (e',,? , _ • . ,? •::, ? ., 1 t f 1ih (?rll:.t 1,? •f ItY4,•?j 1., •lt ai,1 i' 1•.y,{S?j •i;''1•, 1;5' (ryn 5 ,• r' ' ?. !. ; ,['tr r? 1 I' 1 { r• •J }aJ1. 'II, ! !•'t. 1'r:' 'l•, ,;?1 (''':'''i r ?.1},?di,,.lj[•1• • , i; t: , , /•;S i.? ,. 4 r. t ;1 / rl A 1 't 1!:•'•' 1,: ..' •:JY 1'r.. .. Jr.' IF r t•• 1.. ''? +. '1?1J31t?1 Tti?/?l:?p r k. ,?(J: ?'}:. '1',,1:.5. ..;,'7r1..'• li•J •a. S.t.j..?, v,. , . ?t C.1?,'.? • • 1 f••?f : ;.rr I:Q ?... I?Yi. . 11 ?N. 1'' , , r., , ,, It,' I,..' •, ?,I r./ r 1 1 •r ri''.?1.•r , r•? •?f +1?',?,?/'f :'r i;' 'f 1 ! .{' tl , 1 •r(. , , 1? + . , Ji , r ? { r , . , , 1 1 . s r ., . EXHIBIT., 1y .1 _ O. F. C L `E .A, )R W A T , f'o£? rOrrlCE Box 4748. " CLEA'nWA.7'E'A. F L 0 n t 0 A 94618.4740 March 4, 1991 Mr. J. B Johnson Del Oro Groves Estates Associjation, Inc. 3165,San Pedro St. ' ' Clearwater, Florida ''34G.19'' . ' Re: General Street Pavirng, Del Oro Subdivision. Dear Rrir . Johnson: ' Your letter of February'1.9, 1991, regarding general :roadway r pavement conditions in Del Oro -Subdivision has been received and inspection of the pavement conditions'in Del Oro Subdivision has. been made. ?. The inspection by Public•Works.staff has determined that the ; Del'Oro are good and do not warrant, general pavement conditions i.n' . ; repaving'at this time.- Selected areas where settlement has ? • occurred around manholes have been referred to the Public Service Division'of,Public Works for-specific maintenance. This maintenance will be placed in.the normal work'schedule and-should ' be accomplished within 'the next five' to six months.' The City of Clearwater has limited funding available for pavement management. and must prioritize'these funds based on overall pavement conditions- throughout. the .City. ' The Public Service Division.has,requested the general maintenance/replacement*of the storm sewer'collebtion`system in the area of Del Oro Subdivision from San Jose St. south. The existing storm pipes•'are generaJ.ly'located,in the center of the pavement- sections. At-.the time of replacement of these pipes,, ` complete resurfacing of the*pavement will be necessary. The replacement of the storm ,system is scheduled within the next four to five years when suffi'cient funding can be made available from the newly begun,stormwater utilit?r program. Very tru y yours, ' William C. Baker, P.E. Director,of Public Works r • , WCB :'TCJ : j 1 cc: Cecil M. Henderson Jz., ADPW/Engineering.Group ' Gardner`SmiL•h, ADPW/Iinfrastructure Group Engineering File ` ?i.'I ?,? ?rF' 1. r, ?, itit ' t •' ' I i' '}'' `T ? j . tr .F, . i , r i E rxul.91T C. del Oro G ovcs'Estates'Association, Inc. ; /1 Caring Neighborhood 600 Bayshore Boul,e'vard ' Clearwater,.FL 34619 March 17, 1994 Mr, Tom Miller ' ,Environmental Services ' City of,ClearwaLar ; Dear-Tom The Officers and' •.D'recto'rs of Del'- Oro Groves Estates Association. met March 1 6,, to review the aptions,presentod by you , and the City Staff at the EasE Library: the avening of March 8, 1994, :regarding storm water di-a,i'nage and ::treat improvements. An. immediate question that arose was,ls it legal :to put I. stormw'ater treatment facilit'iQS an city parklAnd a portioi-3 of which has 'a deed restriction',for park and recre'atio'nal purposea ., in perpetuity, and all of which was purchased with'funds from a ' public referendum for ,the. purchase ,of•pa'rkland?'This question was ' asked at the March 8 ineeti-ng and X asked the same question o`f Terry finch when Z was 'in your office on the 9th., •' , '. After a thorough review. of the options you presented and ' much discussion, the Del'Oro•Board passed the following motion: "Request the City. 'Lb replace the existing 12" storm drainage pipes with nevi 12" storm 'drainage pipes 'and improve the two designated spot-s o•n. Baythore Boulevard'with.new inflows and small ponds to handle "these limited' problem areas. Design of these ponds and- corresponding'-landscaping to have input'and ' 'desi.gn recommendations ' from the ' Del ' Oro Estates Homeowners ,. Association. ' ,The, Association requests•the CUy immediately proceed with-.,- any necessary permiti.ny to determine -ii~ this proposal can be accomplished a,s we recommend, " . °. The two limited problem areas are: ' 1. At the South-corner of Sari Mateo and Bayshoxe there . occurs limited flooding after extremely heavy''rains. The flooding'disappears in a short time after the . rain stops.. There -is a drainage, inlet on San- Mateo- , . Slightly uphill, from the corner, Possibly moving that " inlet to Ba'yshore would'alleviate the problem. In add-- r. ition, the drainage- ditch just South, of San Mateo badly needs cleaning out-. ' ` •? St r• • 5 f . ?':??. 'di:f «?; ',fd . ts, ,,:?: i :L• • , { d ''r'.. . t •^3? ;Y s- .ra •.1' ! >? :j... 'f9^ .t.'• A' .'t1 Y?•' .., .s.:/_ '?+ ?' ,t -.?i: !?."-!, •}'^••3J .5' ??'. ..!?w.''.Y •a•,t))4 ?hi '? . •?•'' • 't,?s 'Y'• , ,.3? , 1 v , "1.' .. '?ll? '''1' °Y.. .1','/•'.?.':'?ry•'i ?????? S 1 , }' 1? . °+ ? • a f .. •• J 1 ' 3' it ?'F14 y},. J ' ,rf.. !t:r S. '? .` r - , ' fl '' " 'i. S. ,/•e 1 .. x :ff Tp. -7 ? ?'3 ?!' ?'er".',t ? ./` A' ' A ?, t?'t' , .t ? 'p •3. ..P, ..i, ? ?? 71. .?'r. S{•.ifk•w ?k'- ?''` `? ` f'?' ''3 tA.' 'lr?1 t>' '' .. iJ .. I ',? f'`,fla . ., i , 5,31 '?? ^r\'• • ?! ? , . 'i. ?V a•r,7W:.,r`i F? ? -':t•,i,s•??,1{?. s ?:oJ ?tY ,r^. .n•. 1 <.,. ... '." .. .., `... i f'.. .. J .r .''.• A C?tirin NC:Ib1IbQI-hooC? , Serious flooding occurs after almost any heavy rain on $syshnre between San Pr:dro and Sail' .dose': This is Lhe? low spat of Bayshore in the.area . ''An' in,l et is - on the . r..: West side of th'e -sLrreet '.in th'e. flooding area but the heavy lawn turf .between the road and L)-ie in1c:L results. in pnoling . of 'the '.waL er ''on', L h e sLreet- compl gte1y covering. the streeL,.rssulLingfin'a serious traffic 1 ha'zard.. If 'analysis' i.ndi:caL• es a larger oar additional inlet is needed''perhaps •a. smal'l•:pond-.on, the East, side 'of '- the' street would salve this problem. 'L'i ations if"required, with permitting 'agencies. to, mitigate the j-" 3:.., wetland area.' might gain permission for a small' pond;, 3 , ') ?•A`. , ? `1' f , , ? f •, • • rim • • t ;'Pleasq ' contact me • 'at .'7.26-1542 if you need any 'additional informaion . Sinc relit Charles De Blaker .` President is ?:. ??• ? ? I?i?` ?`r' - ? ? ?; ',. j t, 11'3 {t ' f I, • + ! • ! , , 1• I r r ` ; r • . . ` , ' ' a y r EXHIBIT D .?CITY.0F CLEAR,WATER Interdepartmental Memorniidum , ADMI0•0d; 02.06-I2 ' TO:- Al Galbraitli, City Attorncy. bli f P W k /ENV Di t ' O ill i o c rcc u or s .. er, Ass or o FR stant m M M: n COPIES: VC, Baker, Intdrim Assistnht City Manager , Peter'Yauch, Acling Public Works Director Tcrry Jennings, Chief Engineer 'ferry finch, Environmental Prograins Supervisor ; DATE: March 22, 1994 ' SUBJECT: Request for Legal Opinion s As you inay be aware, Public Works is sitlcmpting to implement a project within the Del Oro Subdivision, between Daysl?ore Boulevard aEid Coopers Bayou; in eastern Clearwater. The project is primarily a street resurfacing project.. However, it has been determined thal the streets have deteriorated due to stormsewer-pip'e failure and, that €uiy repairs to improve the system will require a starmwatcr .treatment pond. The resideni homeowner association is protesting that additional feature due 16their desire not to have a storniWater treatment facility located within' "'their public park." They have. posed to the .City the following question: , Is it legal to put storrrmwer treatin,ant facilities on. city prrrlclarrrl, .a portion of mlriclt has a decd restriction for park and recreational purposes in'perpetirity, and.all•of 111hich 1pas purchased u?ith funds fr'oin a public: refercndmn for the ;purchase of parkland? Attached please field a- map, marked up to'facilitatc your review that references all (lie deeds f that Public Works has access to. Thd reference to the use of property for parkland purposes. ,'r• Is highlighted' for you on Attachlllent "B." Would you please address a legal response to this r - question that I may redirect in a leittcr back to.t?le Del Oro I?olneowncrs Association. The City Commission has mandated that 'be ' fore any decision is made to proceed with the ' project, it will require their furtlier consideration and approval. We are'now preparing the agenda papccwork for an early May Commission review. Thank you for your assistance with this'matter..• 1'1.1 M/j k ' 4,t rl N ' ? ! r , y ? l4 '14 k i i r 87,6 cl?Y U ' t00 . co CLEARWA uJ W rn rn ut u, at 4 N +c 1,01, Ir- co #71 t0 rx7 O N ! ) to r+ u, C7 N i•7 v I r n n r r r r i• 10 o AND .VICIN11' " ? ? • ? .. "- PfNELLAS. C4.i. ? ? h r'1 h ?S r? 1f ? d to to r ca CD .0 N M `r v} w r W to t4 to la w r r r r r+ r r~ ?? t I1 00 Q5 O w t7 4t to r m of o r i >h to 4D tp to to tL lD to to to r r` JNN N N NN N N N N NN n NN ? 4 h n +? W.4 41:1 '1 r -Le a f O r N m .4. tf') u r w cc co W * 4] co tO I 5 M, .? r+ r r r r r - is LEGEND , M N) Nr to to n W UI d `jNNN NtVN N N? %C? We AU %r46 ACATf0- /J BLOCK NUM, ?ztr,ss, 8 a [ ry r Ji O r- N t7 i t i to to , 01 0 . • N M v P to en to In to y to 1!') tf) ID S to to tD i r? t7 f7 >7 M ?? rl r'1 ry M ') Cl N a N N 0' ri vii) ? Y • l• r ? V - ' h h C i fi Y I y, ; AGREEMENT to to n to rn r- tp to to m to N) M M M to v) t c.' ,s = 3a 2,412 . ' LOT ADDRE. to to !? t>a rn t r7 t•7 M t'1 r7 v v¦rvv0 • YACJtTFp YOB T f G n rn o O to I 0 V w m 4 a) o r a j n o to th v, rn a )i 1 to . t o to W) uy IT 'v Nr •v •v v Ir to to ID )z ttoo tw tto o O ^ X 1 In ,n tf 1 to to u j try N t to io r 7, O .- tv Nl . ut°y n trn I`n n t tin n n ,°°n tr to Linn co f tin q N a ,t t SHADED AREA DE. "ticPROPERTY OUTSIC' 4343:-M4 cf TA ` ri .r trt f) r+y rh ID to to +'] SO n t? tD n a0 m t'y f'1 [D tf] D `> BOB Cl 00 N rr t to a M rh to f rh 4 tD a to V to to V a, N Jf to .4 m +t eD 3' rn at tD - C v • CLEARWATER U4 04 1 S•i n tt 1 ,n th t(j Ln I A CD tD tD to t(y is CITY 0'-1410 • O.R, 4690-4073 W 4 4'/011 44/at f 274A 271E t f ?C37tA a d ITY OWN,rf) PACIIIXArio r? / -vAIInAHTY Ik41:11 1RLI+J•1? ?•I.wl, ?1hr C ?. / 1•flill MS02 of :3413 1 lY a L. ,v 1!{U4 + ??. ??' , Iv Mrl nlr 411.1 hnrl+.. 11+1 It... 11,.11 1,.rlnde the WIt1. rllae.lot rern.I0511.14. Inn el. n/1 •uAt•r M•Ir.1.1 •t 11y nlnrrtl•r I?ullrr Anrl?i Il.• In• •1 I1.0 IlnrelN wornbtt /11wn I..Hnd[ tl.r 0•In, •1. 14J IIH 1111•I'IM tint w1111 Ibr n1• nl •ny r•ntrr alr•11 In[bJ• . •11 t/NJr11. + . j r flacla Illls ?C -`"? lily of Tn AtiTIif3HY U. t3L"I'M 1DE ant[ i•S11S CARET H1. p 'UNADET hib wife of Ilia coussly of Pigellu5 ht thl{state, of Florida ' party of Ilia first part, nail Car oration ti3iJin xAd}drGLEAHWATElt a Florida Muni,cippral h , C t 01' x• fs7f,11 1 Clenrwator , of Ilia Caunly of Pinellas lit the Statc'of Florida 335111 pilrly of Clio second pact, 1 1111ilncRncll, that the said jini;ly or ilia first pnrl, for, and d[t consideration of ilia sum of 'rest dollars ollll oilier valunble consideration, in Win ht Isand paid by the said Party of ilia ' ' • ?• 1 sictond part, the receipt whereof Is hereby A0,nowledged, has Crnnted, bnrgahiad and soid .to the 1,•?i. said pnrly of the second part its' Iteirs aud',aisipoi forever,. Clio following desdribed Isnd, silualo ' lying and being ht Ilse tounty of Pinellas' , Slate of Florida, to w111 t cc L , LOTS 179 - 180 161 -• 1.9.2 - 183 « 184 - 185 ? 186 - ' rsr , 187 and I,U'';; 272 ,» 273 '71. 2'T5' •- 276 = 277 -• 't.7F3- 11:41 , 279 'and. 280 q.C- DE[, ,U[tU CitU'1[s;; according i;a' the Map or Pleat, tiorcor as rt;cordfrrJ lit Plot; Book 12, 'Page 2 of the public. records or .Piliullaz; County, Florida, together '' with any and all riparian rights ,'appertaining t:bereto, This' conveyance i s, made? sub,jecte• to re ,t:rictiona, ruse vvations and aasetnsiito or record; ttrlct ,also; subject Lo taxes for' the year 1970 t and subroquent_yrears, . ........ ............... .., ...... ' .. .. .,...,....r',,.'.,. , ...? Docu1'1[, 41AR`? ;a'T`%?,"f= l= F LCJF3ID? 1 tit ctURTA !!-Uhit?rfrRY STAMP TAS,r FLOW A co) G [rotllR ?3rr:.s t "" acrti•[o 2 3. 6 S _ •? _ r:a. octls'+a 1i 6 .+?, 0 0 I COO And tie sail jointly of Ilse first part.docs lscreb)' fully warrant ilia 1111a to said land, and w111 ,lafend ilia sense agattist tlsa 1nw(ut claims of all persons Midnisoever.' 2111 111111rca« 1111fcrcti[, tho salt!'pnrly of Cie first part tins hereunto sat lilt hand Apd i scal.lltc day rrttl year first abovr; M)I)eu. ' l' fs'iollrb, Art, imb 1IrliulrtN I1 eL1nr rllrttrN. ''' ? ' • ` .? .?t.C_ ,C??(,_? 'Ji,,. '' ? `r?li't'IlUlil' Of?dcftlahB%,T ((,.•, '(j'[? • ,, ., .'? ,• %????;; z.==i, rr%? '17 ?1tr?t.?r.?cl,`' rte , ,1TiTT riTT r . r. ti'i3 GT`?-`' • ' ' . s7•'rr or FLOU DII 1 • r • S 0 u .. ••^ ? j. 'r J 'a . '• '• ...... .: •r,+;?r-;'YrLr;-..,,,, ? •,....__...,__?-.....-s«.'.. , . T... . ' i rir r r r • 'r flar?reL t ,: ;° '° „fir, ri :?.'? ?'? ' :•'. ,' ` ! 1 .a,.. . .. _ .... ....---•--'•'•- .r....r.._._.._._.1r•_•r_n._+r....__+fr..?..rwa.w...+ti??.. ,,-:.r,rlraw...?. . r , 4t6 :' L ?1,? t A , $ F , .?, i^ .,Fink 6!- , Y;' F 5' L11) = f ,y .r , t J 1; II ,?.p.t.ILII Ut tO' ""!'`[ "'r''?'- "? .E1Jt? •t- , ,,..,?,. `, ,,.,. i :8-t • I"4u? ? "t'`j'? • `t?`? ? ? ? l:kl(:"I14li:zllll?lG blVi.. ?'',,I•' r ? 'OFFICE C011Y (" ! This h(ICfiti eel Undo: this If day of Atol;tlst , d: I)1 1973 ` r II1FCll LILIAN TIiLSSUI U11SC:1 E'L, .1 widow, also !mown us Lilian T. Urncltcl, of llte County of PlnellnQ mod Stile u( hlorida party of the first linrl, mul C1'1'X,0r'C1,,EA1l1YA'AZ1kj FLORIDA, A M ullicipal ulhosc onnililon 0fldrrss b corporation, PO 13ox 4748, C10arWutcr , Of file collolly of mid Stuff: of pnrly of llrr, srraml pnr•1, Lll?llPSSL'111, III(,, the sclfcl ))(,fly of the first hurl, for ntd isl ronsidr,raliut of file strrre of _ _______Tort______________:..Uullurs, nod other youd I ' lirtim 1 • mi 1 the rem it wherraf h hereby achnuntt- 1 • .r i • r• and unrttoble eoomderahuru to ter 8-11 1 1 , 1 rllprd, Im is yrnoiled. brlrpnirlyd, tort! arlrt ctollueuril• find by lhrse presr•1111 itrr 8-a Urairl. bur- gain, sell, cunuey nnrt rnnfrrm rrnto 1h4: ar"i"l p1 tr'1 of the sernlnl hurt floor! Iter pars nttd nssiplts forever, rrll fhed rerlrrr,o lulrr•r1 s,f Iruoll lyl"rg unrl brisog in thr,Cuunltl uJ Pinellas ntd Slule of Florida Inure parlimleirly drseribcd us Pullouts: ?, r•-? Lots 508 through 511, inclusive; Lots 574 through 5[14,, a ti Inclusive; ntid Lots 651 lhrou'gh 656, Inclu:"ive,,all Ili Del Oro Croven Subdivision nccording to the :nulu or' plat ;: y1 v . ? therco[ as recorded in 171111 Aaolc 12, page Z, of the I'aublle Records of Pinellas Country, r lorida, together with fill n " w riparian rights; subject to ru-sirlclions and ellrtementu ° of record,` 2 I F This property is deeded to the City of C1carwalcr for parts and rccre:ational purposes in pcrpctulty. . ,l . I s,,t i :-`,y L?.•-..{^,;r ylr c.c, a t•:,r:;,iei1 ? s 'Z:, :?- '?' .!"• tit'IYCU ,?.._?... l1oe?1J °?•!?-;_ •G•"..... !:i V 1 '.l?} ?<f:;Y.?':!1 ! e?_}: ?' :. `j, ?.] 1"I':':'1`?l:•--:J: M- T. k?i.•t} =,? fe5li l.? ?.t"f"!•..i t! i1??^.;.7_•: •I?E"L:` ??.h ?1:?`: :?.:i; ?1,' 1:?.'• ?.••~??:•?:'?:1'• 1' L: ,'?I:.t:I•ii?:,?:J'. .I'. .J. J. .1?`'*'ij:1_:IrI:J? ?' • 7;.' 1C. . :1:?•.:t: l =1-1;1. 1.; ,•,,1.1:1-,1;: 1.t 7,:D ?di-v ,13 .KJ TDOCHIf11 with all '!hr trnrmrrrts, hr.r'relilnntrlels and npllurfritultrrr, ,uifli ".null privilege, rigl"f. Mir, inleresl'und rsfatc, dourrr nerd riglrt of flower, r•currtiun, r•rmoinder until eusmictil thereto bcionging or in ntyruisr nlrltrrtrrininq: To hive 11111 to 110111 Plot surrte in lee. sillipic forever. Alid [loc.. said pcirty of Ilor first Itiort Iloea `Cotsrorrml rllith floe said party ' of the serourl )trim !lint she io l(unfnllu s":iscrl of the staid premises. lltnl thry are free front nit r,Itrttthrrlltces wiff "lent site has good right 01111101,11- /lot llrithrlr'il)' la .18-11 IJIr .+nnir•: 111101 Ihv .1u4d lrrn•1 y of the first lrrrrl do c u hereby /ally ttarrrnrrl life litle in mill hint!. Inlet t1•ill rb•f ellrf "111:.417r1r rlltrlinn Il1R latr'fNl rhdrnd v/ rill Mort"on" "vllnont0avrr. 111 Ivilliess Tu11f1'C01, floc Amid party • Of,/loc'first part Ions hereuotto set bar hflrtri and 4rat lhr day uml year ubuuc mriltr.n. , Sigurd, trotted and detirterrd in uar pretr,rrec ........ ... I- ................................................. ......1...,. - ....ilial? '1's cs•a.. Urscltcl 1? /?,_.....,..... :............. alItf.tt...L• IIiun Tr •U'racltcI............ 10. .....,.. ......?.?.,`..... K-t;.«.. !.`{......!:.'.....??..L?.......1.?...tL.ti.s:i:.4..,1+sls:.{: :... ? r.. :...,? .. ?. ? ............. ...... ,......... .....................,............,............,....... ,? . ite,rulln I 'Ot M. 71ria flttnluorut f8- f?nnl! 1?•: 1lytlx htl1l ulna:l t:8-, l It,cltarcd ?' CITY C1,1r1'lc a?bhrsi 11LI;illa:'1` i.,. C., P.0. BOX 4,948 City of C;Icart'::,lro, Io O 1,:u,• •t'ld8 GIJ:,411?1',1'1'1'I1t, FI.A.1. AIF • CIl?attt'utly, lnlus'isla ;IJfilli• y ?l?J I I r J ' i .. v r ? , 1 • ' ,, r 1 • r Jr. ,. r ? 3. f ' , I r r 01.1.10, coy' 1 1' ,, ?.. / _?: , RESTRICTIONS ? ,'CITY 01' C1.EARWATER, rLORIDA, n municipal corporatior•• W1iEREAS ' is the owner a( the following real property situate, fying and lscirit; in the ' • County of Pincllss and State of Florida, to yi1t: Degbl,at•the Soulliwcst corner.of the Southwest 114 of the Southwest )/4 of Sectlon 2, 'Township 29 South, ,Itangc 15 ` ? r,4;t, and run N 0. 66'17"1 W 663, 07 fact; tlictice run S 09' 24!3111 E 33. 0 fact to a P.R.M. for a P, O, 13. ; thence *9 P run N 0' 0011711 1Y 341.'00 fact to a P.R.M. thence run, ` i S 89' 2413111 E 633. 13 feet to a'1', It, M. i thence run • S 0. 0715911 r- 3-11. 30 feet to a P. R. M. ; thence run ' N 0- 7413111 W•633. 10 fact to a P.6.13. ' Lotu 179 through 1137, inclusive, and Lots 272 through F '. ZOO, Inclusive, Del Oro Geovea Subdivision, North I/2. ' of Southeast IA of Section 9, Township Z9 South,.ltatige ' • ' st 14•1 of Southwest /4 of Northen .16 :Past, and Northeasi 1 ! . 1/A of Section T8;.6ship,29 South,.Rarlg'a.16 East, Pinellas. • County, Florida. '.AND' ; Southwest Garner of the Soulheaut 114 of the ,Dcgtn at the ,.. / Southwtot'114 of Sactinli 9, Townuhlp:Z95oil th,.Rtingt: 16 , 'Emat • • ' d S 89' 'iP fa }tP O B F, e c fae R Z i h 6 -) 111 E66o lt ?I 0 a . . . e v r 4 e n . 7 t . 2 o . run N 0' 0412311 ?, 666; gt.fect to u, nail; t}laztcc run .' S 09•' 2413211 E 660. 40 fcpt to ti P. R. M. ; thellCe run ' S 0. 0714311 W 666. 60 feet io`Un Zorn Pin; lichee run N 09' 2611411 W .668.'73 feet to Lila P. 0. 13. • I3e1stg t)iat part of the SW 1/1 0? the'N14? 1%-1 of SCeti6q 0, ' Township 2,9 South, Rnn•gc 16 lyiiitf North of the right of way of•tlic Seaboard Goaat Lina Itatlroad pnd )tiast of the right , •_' : of way of U. S.' Highway No. 19; being morn anti particularly •• daacrlpcd as`follows, to wit; Coinrncnce itt the SW corner of the, 1`1W' 1/4 'of the afore'salil See.tlon B; Township 29 South; 1tange 16 n%pt and Fun N 0' W4511 1:, •i 12, 77 teat along the West boundary l fpG f1,l of Elie afQresnlrl NW 1/4 of Section [l,• Townslyill Zg South, Range ' ' ' 1 - ., ID feet to an intcrieetion of . Last; thence 5 O1. 05145'1.1~, ]21 , J+ 16 f?Al?G the 14ort1! boundary of the aforasuid,Scuboard Coi?st 1..1ne'rig11t ?alN of wa.y wltb the l astcin'rlgbt'of way line of the aforesaid U.S. • 111gli%vay No. 19 for a P. 0.1'], i.from this locutud P, 0. 11, continuo ' 19. 79 S 81' 0519511 E, Iz56. 6D fact-, tl,nnce run N 1 • 1014I11 L, .11 , fact; thence N 07. 351271' W, 12'63.779 fact to the aforesaid Eastcrn right of way line of the aforesaid U.S. 1116hway No. 19, thence . , S 0. 54'1511 W 232. 94 -feel; thence; S 09' 0511511 E, 10. 00 feet; r + thence S 01 541451' W, 500. 00'fec(; therica S Oq' g51l5" Z, !Q, 0D ' fact; thence S 0. 54.145i1 201,169 fact to.the P. 0, 13,' and containing 2q.4ggLa.creF,' more or )car-,, Dcuringa :11,o%vn hereon refer to thc• • PInelIna County arid System. ; l tlH? f• r i f , ' ? 1UM\11111 Ir r•rp. u......,, .1.•, .1 ... r1••„ ?? •???..r.t }••r., },"t ? •.,,..r .,•...,, .a•. ...,.•....? . -'" A1GI0?1-I1I?G DIVISION ?. , bFFtci:co.rYl tIETVRN Tot City Cie k, r, ;•??(} PD Box 4714, CleArwn cr, ` •. , u ,? l? j? ?? tt? F l o r ldi 3 3 519 - r r y ,l 4 E: . and. will defand the sa,rhe analult the lawful c airs fatly all parsoni ioltor tsoto sata ever. lard, z 3I1 TiM1l11Ci111 Tull ?111'rl?l-. the raid party of the first part has ? . • ....., calrsed thaw prasants to be sidred in its prams by its President, rtfadc this 5t:ls dhy of February.' , .4..0. 19 74 f /•sa..•v+••w/ A...1,., /a• Ir... •,••rh' rl•!I I.ri•r•r. 4r ?•I.r. M»ra•1 f.pNr•I.N.rI• ?. A• 4133 FACE 636 _ `/l rrpu..f •..1/...n/l,.. .. ".:_1 r.•..:_1 NlWr. r•••h.r 4r w1•; IA. r.. .f P. fh lel.r .- }.. , J... 1M ' •.?.+••. . , .rl•fi 1•rl•v{. r ,I-M r •••f•la.f 11. •r. rf .•, (, r.rl.. 11.11 1811 ,,1• ??, \\\ •Il,rw.lrrr, 1 or aired jt~IiUCC11 PEACE Mt MORIAL HOMES, INC. , a corporatiori not for prof t . rrr xacrlncnlruxntabn exislinf.under flrc.lrzuis of f.Ira,SCn.Ea of Florida Navin its pxinoi rnll? rtes ojbresirzesa. In the CaurcE11 of Pinellas arrd Stace Of' Flop; i?a lrar ly.of tha first part, and CITY OF CLCARWKM-R, FLORIDA; a ntun? cipnl cor+poratibn,, whose address is 1':0. !lox 117118, Clenrwatex 3.351a,'t`; of Eire Corinty of Pinellas 'artd Stata of ' Floii.da', 33518 party or the sacondt part, " Rl1I11en!Ieth Mat the said. party of Wpb fr•st part, for un(i in consideration of 111.0 supra of Teti Dollars trod other. valuable consideration :UVAI MZ, to it ' •irr ]tared raid by tli,a said ]party of file sacond part, Eke r•eeo+:pl• whereof is lzcre6y , arknoruled.Oad, Jens, jIr•u•nted, brzrQained. and sold to the sa.id•party of tins second part , forever-, (ho follora6r.9 described lcr,rrd', sitrtatc,.IUirr?r a±td beinf in tips County of Pinellas , State of Florida, to wit: Lots 365 through 370, inclusive; Lots 135'throu& 440, inclusive; Lots 503 through 507, , i.hcl.usi,ve; Lbtn 572 through, 578, inclusive; and Lots 642 through 650, inclusive; DEL ORO GROVES Si3I3D VISION, ; according t.o' the, map or plat t:hereoE' as recorded in' Plat !look I' I Page Z, of 'the Public, Records of Pinellas County, Florida. This Dead conveys but does 'not warrant title to any and all 1 riparian ;rights or submerged land'owned by the Grantor in ? tti connection with the property hereby conveyed. j 5 n f E3 '.•;}? ' r' ' ;' : and its corporate scat to be aPi ted, attested by its „ u f • :1• , s , ,' Secretary tho day and year abovo wricten. .? i :, .. (Corpafatel ; 'Seal) PEACE MEMORIAL HOMES INC . 211 eis a-., A13CiT•D. Patterson, Secretary ligrhert E. !lard, President. 51, Hat, ibrnlr1) anti I3r lurrrl to (Qtur Tirrrcrrrrrr ? . ' I? I'll Fey SS / r.l ` , l r 1111Yibll a+e `u'• r[:-;' Erll k tDurntln of Pinellas fa 11 lirrdiD Orrll(U. That am this 5th day of February .4. D.19 74 1 before me personally appeared Herbert. E. Hard and 1 y w Alice B. Patterson.' Presidarit and s` respectively of PEACE MEMORIAL 110E-1ES, INC. , a• non-profit , u corporation 1 lurrl.er Clio !ails of the &0 t(1 Ur Florida , to ma knomt. to be Eha ' parsons clcsrritrcrl In and telio cxocuter•lhe foredofnd canveyareoo to I CITY OF CLEARWATER, FLORIDA, a municipal corporation, F and sa ernlly aclosoll'leditlrrl the, rxrrrttion, thereof to bu their free oct. aml deed. as shall o/Jlccr.+, 1111 !!In rrsl:x urrrt ]I+r.rlrnsrs t/1.11[111 uiarftfonad; arrd 1118E 1111'1; a plxed. thereto the olJirifrl 'Teld'of tirlid corllrrrution, aped the said, instrtrrlreont in 1111 urt an'd ` dt!rd nj s11ill crrrlurrutiu1l. '. W11nr1111 Aril sisfr1'1zt.lrre ana ojJl'd of scrtl at Clearwater ; • ,, irr• thn core?pall of Pinellas: r and State of Flurillit.. /A? 11.1y (1111!, year lest nforesuid. . uC19 ' t ;•'st, , : ` '; ' ; Notary Publia r s :' •" '+ : , ! My•Cunrrrrl.?ai.nrryfs,?pire+ s 1• { 1 'r?S;r',?,'{'?. ,rr -.?.: .Y, p? 'It. 't• ,'7,' .1- q r ?r,.z'?,.J`'f' •h..'r?`???? :?a? '?'??",.`:g??ti i411?'?k??'d• •.11 r _ ;. .. `• .. ` ' 1 J ,. ' 'fir,. ? ' ' ' ? ?y •`'(- `1, .. ? 1 lid 1 i .. .. p•F , l . ?" +. y'jr{ br},• '?i iii r?`5 wi• i t,,, a,. ? . a , ? , '. , ? '? 1 ?!''?r 'J:ar.? rr.'i+'t:? 3' F' s :i `. '{s,9t F/'s,,,.l?, ,'"'_ 'k ?l? r° 'f i' ?? ? ?S•, tl-i• ?'f' ,.=f`,7? 'y?di,aFu ?. •;'? ry.i ,f,J ,fi'`'r'. S,i; i•Y rF,.. t,r•t ?r .6} .1 ? r it ' ., •• .. ? ? .F? ;t?'r ?.'td` ,d` ff," •.i1 'e?" ? }i ;'?? .,' + ''?, ..' 1 1 .. 1 .-'. ,r. ? ). ji'. ,i'?°,? '; ;r: ' ',i. iR•``'r Fpi .e,S•,vdi ;i- A,•1..F'j it a .. ? .? ? ?r ? rr ? ... r`. `:? ;; ?jt?eS:?'?!: .. ,..f: .'l ?Y.'.'at .'`a ire,, f ° . .. r ?f ., ?` ,?F. .?°•?' ?,{FG+v?.{v#.`irfn}'.?.'? ,.' <,S. r;*rr.)• '.3 •{? • r. ? ,. , . , ,. ,.. .S?a:%„1., s, r EN ,i DATE ol 7. ?`'? Mzr' :31? ;4, "1. r ` ? , d ? r l : ? .- ?E'. ? ' r ? 1 ,S-' ? r••,!`i. llli"'i?Y 4sd1 t?i7, ., •.; ?)r'? a •'.,. ? .. ? ? .i- „ , r? ,'.,`,d , 4sw.r•m.,.w.e 4. .„..,,,,,.. u:.sr:.Nst.C^'?_? :.4, ,.. ?,,,»r •::,ir. - •_(?: •F: •t" nom"-`^s_•?«`;,,, :. +.+7.a.-T, '?• 4'" .> '.3 =ai -. r.??' Beach Views 4'? ThursdayAIX , July 21, 1994 ! Twenty-!seven People Respond to Beach "Views Sdrvey..., by Anne McKaiy Garris No one, but no one of twenty-seven peo le who responded to the BeixI1 biers survey. on the Planning Department's recommendations for East Shore Drive improvements voted for movin the civic center, and other city facilities to East Shore Drive. ' Only two were in favor of a "smaal , conference center on Clearwater Beach and only two voted for a community redevelopment agency for the area. Overall, the majority of the people were- opposed to those plans submitied by the City Planners and in favor of those suggestions made by citizens at the various hcarings on the subject. 111e score was ati follows: 1: Mic atin5 East Shore Drive 3 in faivor 23 opposed 2. Vacating Poinsettia 2,in favor 25 opposed 3. East Shore,* Poinsettia one-ways , . 3 in favor 22 opposed 4. Vacating Papaya fox pedestrian use 3 in favor 23 opposed 5: Restricted Baymont parkin g* 34n favor 19 opposed 6..Parking gaaraage at Surfstde.Ilolid ly Inn 11 in favor 16 opposed. 7. Parking gara =I on Poinsettia. I l in faivor 16 opposed 8. Community redevelopment Agency. 2 in favor 23 opposed 9. Moving library, civic center; etc. 0 in favor 26 opposed 10. Conference'center, • 2 in favor 24 opposed 11..Inceeaased height limitation 3 in favor 25 apposed To this'point,the,Nsues are part of the Planning Department's preliminary proposfal.' From number 12 flown are suggestions made, by citizens at public-hearings., . 12. Low.cost improvement loans 18 in favor. 9.opposed 13. Busiriess use of on street parking 18 in favor 9 opposed 14. Conference center on.Beach 9 in favor 17 opposed 15. Enforce Property nmintenance. codes 25 in favor 2 oppose d,:. 14 Keep general chaaratcter.of aarea replacing 18 in favor. 2 opposed only rundown buildings . ' .•17. Use.East Shore as Entertainment ai ea 10 in•favor 11 opposed 18., Leave it alone! 11 in lavor 10 opposed 19 . Postp9no decision until October . , 24 in favor 3 opposed Other views expressed in accompanying letters were: "We do not need another 'theme city'. Families come to Clearwitterr Beach for the beach, sun, sand, water, restaurants and affordable motels. Math will change. if you bring in a developer, Leave the Beach .alone." "No parking garage, no tall buikrings, no observation tower, nn pool -or library removal, no convention center! Plant trees for shade,.not•more structures. Please keep pool, and heat it in cold weather. - Do get tough with property owners who let their properties decline.", . "The older units on the South West corner of Baymont and Poinsettia at(.ld nothing to the area atnd should be 'retriovccl. By-ail means, vigorously a hfurce,thc'r' atintenance cedes on unke it properties. Live-aboards East:of East Shore Drive should be moved out and controlled more closely in the entire: Marina area. Abovt; all, keep North Beach from being I. copy of South Beach. Use electronic signs at Cleveland and Myrtle to indicate when Beach lots aare oat Catpacity." "City'conterence centers ahnost never Day liar themselves; Let hotels host conferences, Build anotherlI)?arking level above present civic center lot. Parking for business is necessary. No high rise buildings. This survey will be t)rescntecl to the City Comnlissiorl along with the results. If-you would like to add yciur voice to the eomrtients, call pr write to the City Commission f6r'thcy will make the filial decision. - - i } ? item !l Clearwater City Commission Meeting Date: Agenda Cover Memorandum q'F. g.qqq SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 2377 Dora Drive; Owner: Beulah C. Bailey; 0.27 acres m.o.l. (A 94- 17 & LUP 94-20) RECOMMENDATIONIMOTION: Receive the Petition 1for Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Residential Planned Development - D (RPD-D) for Lot 12, Rolling Heights Subdivision, and refer the request to the City Clerk to be advertised for public hearing. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The subject property is located one block north of Drew Street and approximately 2,350 feet east of Belcher Road. The applicant wishes to annex to obtain City sewer service for her existing single family residence, assessed valuation of 62,600. The applicants' property has a Countywide Future Land Use Classification of Residential Low and should be assigned to the same City Classification. Other lots in the subdivision which are in the City have been assigned a zoning of Single=Family Residential "Six".or Residential Planned Development- D if they have been annexed recently. The applicants' property should be assigned a zoning of Residential Planned Development - D, the zoning for areas with a Land Use of Residential Low (maximum density of 5.0 units per acre) and dimensional requirements of the Single-Family Residential "Six" District. Staff will be following up with an administrative rezoning in Rolling Heights to establish a single zoning classification for the subdivision as part of a major Consistency rezoning program later this year. Pertinent information concerning the request is summarized in the tables on page 2. Reviewed by: Originating Dept: Colts: _I NIA Comminion Action; Legal N/A CENTRAL PERMITTING Total ? Approved Budget Purchasing N/A N/A ? Approved w/conditions Risk Mgmt. N/A User Dept: s Current Fiscal Yr. ? Denied CIS © Continued to: ACM a Fundin g Source: Other /A T ? Capital imp . Advertised; ? ' operating Attachments: Date: ? Other PETITION Paper: MAP ® Not Required Submitted fry: Affected Parties ? None r ? Notified Appropriation Code. or Not Required c M ago r rrv Printed on recycled paper t r , A 94-17 & LUP 94-20 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family.residential Property North County Residential Low R-3 Single family residential South City Residential/Office OL Office complex (Drew Office Park) General East County Residential Low R-3 Single family residential West City Residential Low RS-6 Single family residential ZONING RESTRICTIONS DESCRIPTION RS-4 EXISTING REQUIREMENTS :..,... <<lf GUIRMN.`5:;:><'<r , Density 3.75 u.p.a. max. "p 8,: Ea c ; >;- 3 63 u p a :. . . . . RS-6: 5.5 u.p.a. max. Lot Area 10 000 sq. ft, min. : ; 7`'0{?S q 12 00 sq ft , : . . . Lot Width at 80 ft. min. 80 ft. setback line Depth 90 ft. min. 150 ft. OTHER REQUIRED REVIEWS AGENCY YES NO. Pinellas Planning Council/Countywide Planning Authority X. Florida Department of Community Affairs X ABBREVIATIONS: R-3 OL RPD-.D. RS-6 u.p.a. , 41 Single Family Residential (County) Limited "Office (City) Residential Planned Development - D (City) Single-Family Residential "Six" (City) Residential units per acre ' f 1 ' ? e i ' PETITION FOR ANNEXATION city commission City,of Clearwater P.o. Box ,4748 Clearwater, Florida commissioners: We, the undersigned, being all owners of the described real property', contiguous to the present boundaries of the city of Clearwater, and situated in an unincorporated area of Pinellas County, Florida, do hereby request'that said property be annexed into the corporate limits of the-city of Clearwater, Florida. We hereby further request that said property be zoned and classified under the Zoning Ordinance of the City'of Clearwater, as set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of title from •a title company, a copy of the deed or a letter from a licensed attorney getting forth the names of all persons, farms or corporations owning,any interest in the described property. The undersigned have been advised of, understand and in consideration' of annexation, utility servicd's, and other good and valuable consideration, do hereby agree and covenant as follows; 1. all structures and improvements which are erected upon said property subsequent tor the date of this petition for annexation shall comply with all applicable City of Clearwater regulations and ordinances-as set forth in the City Code of ordinances.' 2. to convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by,the City to meet City Standards, said improvement will be done on an assessment basis, consistent with city procedures therefore. We, the undersigned hereby c6rtify that we have read and examined all of the statements and allegations an the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full knowledge thereof. STATE OF FLORIDA ) COUNTY of PINELLAS ) subscribed and sworn to before me L•his day of n 199Y(I. . My commission Mires: wor! I^ i4ste of n m III" [rpM+s Oct. 29, 1944 N1?Idikninrsa?•wr?.ww otary W/1 J' fi4't°'?.t -r " .S NAA VE,%? AD CLEaRw&TER r .r so RPD-D n? 34 a ?33?qq 32 w 31 N .30:q3 :29 ; 28 27,- 26eyny 25h 241b '23 -qq 22 sot21 S2 `q•. ?.ANNA AVENUE. ;•. ..» .. Isis sra ?;. •?;?..;?;i •; s?37ta'os ' . :. t03 102 101 100 h % r99 - 98 97'. 95N 9'F."' :93' a t 6 ` 82' ,83 -1 84N 8 "?86? j 87'o w a?N ;:40 91•. 21" -. •,?. rl, u'S :•1„•p s' •?f q ^;'_',?'f !?-~1 •. ei vv?? '' ?. a'M :•i l. ,? ,I.t?DO _ ? ..4 . 6x615 17 "'"- i. ' . - "r ' •' ' ? ' ' " i?•?y •'S•/ ? . ... i .... K. ,,:?; s,••'..!...:..}ni'••45i w..' •tt ts1, ir?;tiu;, =: ? , -41T ?"'? 6 R . 1 ' 3`?3 '? ? •? .w ^ .".?•". ?? .. •' b .4 . •• , . . .t -t0 •` ;J• :.sae ? , w .. •h ..;?i''"•°? Y ? • N ?.lf `J s ,? + ? h 1:74 N •? :? ': ??`'73" w 7 16 ao? 80 79:N . • •,? S, • 17- ?? ?hii '?';`b;?r+ -:1- :.'i_1: ?r?;?? •I? '', :? ???-?.? +f ,•.. f. .. -; ..r• O ,• 1J ' . ` • ' ? 6 D .:'0 '^, 82? Y &30 4ro ?t6 65 ;4 ,, 66 :?? ., =o = . ?' f 4 1y F !' :i: ` ~f-• ; : H :`?? s:c:k :::h ' '? Y'g• m' '• . 10 : Q .,. ?, n ; ; . .r• . •' + ' -• . •" .i:.M ?} :.?•. a ' :? w 1•- ;r?r. IY:IY! \ ]r,l? lwr'?' ??=T1' r.:?- E11:11'?.•.r. _ ...?. _ ;PU1C'- 11 gg ?s -?•!'' .,. ?;' ?? : 14. `? •42.1.-.:. ,•...,, "•44'?s00a7•, 66 • S - ' ?? -"' : a !ji %, ? ;:......, ..•..? , Mai .? ' S5 " . : ..: x°'54 ;5$?` „ ! :,. •v1• • \J V i?. Lr'a ? Y.a y.!.•i 3?: -Ir:!Z :.?,•.. ! ry:': Y• !•`• i "1548?, 49 . 10 •p;; wM : •.a}y?: 4JV[\?•• ??•. ..i?•••- •:•1'1r?•=. t.:_.: - " p• -? DPX11 -r •= •h >-'? n h??• ?~ . , • ` ?? PARK 4 ` • CONDO . s;,y,. ;.,,r: r :+1• -?`•«, OUNTY% •• • CLE7 WA C .•.?11.,??••••??1 -.. s} ; J :ir.t - ly r.. C • ? ,,D E F c] G H I T r ? ` ;F QX?cton }' U? . 4y• ?y 1.7 R. strKllons PH A i r - Ti0 y .: to ?r *;r ?? 1-Y.tf 1~'7 1?j 40- 72 ? .Y.Y N i D R E W STREET 4 3too PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWNER A. a y - 17 APPLICANT L EY ? a PROPERTY DESCRIPTION 'LAND USE PLAN ZONFNG? ?-?`? IZ, RvL-LING (4EIGPTS COUNTY REST DEWTI A1- t_0U_) R--3 0,-J7 ACRES C[T,Y RE'S 11) EW-Cl 1Lr L-0Lx) RIGHT OF. WAY PIP 0 - D ACRES PLANNING and' ZONING BOARD. CITY COMMISSION SECTION p7 TOWNSHIP 'Zq S RANGE 16 E ATLAS PAGE .2 ? L A • I I. of f4 ?7 `Isnu;pur7 '0 una? ' t ?rF ?PSc/,is a 4 r . m 1?.. FF r In ` en f, s F J? I \ l E U 1 , p 1 Jut t, .4 qy- 17 `s- CrrY 'OF CLEARWA T'ER , P.O. BOX 4748 CLEA?RWATER 174ORMA -34618-4748 , City Commission ` . MEMORANDUM Manager TO: Betty Dcptula City , . PROM: Fred -A, Thomas, Commissioner W 4 Lia16 "`;. DATE: July 29, 1994 . ?' . CITY Cl.rEiK `' • SUBMCT: Pier 60 Tower Restaurant • CQPI1?S; Mayor, Commissioners ? r?rrrw?rMarrrrwwwww?fw?? ?..M?.r....... M...,r....?M .M..«....ww««....w.....,«.M.....rr.wr?..?f?www..?irr???r..r.r,. r.. Please advise me when we will have a request for proposal to go out to the inaxketplace for the 's Tower and Restaurant at the Pier 64 project. You will recall that in Commissioner Deegan motion that wgi.part of the overall Pier 60 issue. We must have something going out to the ' as wide an audience as possible to make general marketplace, and have this issue brought to their proposals. .: Please inform me when this is going to happen. Thank you. { PAT/sr ." , T ' d Wd90 ; F-0 , b6 r 62,-Inf Vr ' l. f', r r?.•r•, 1 • z' r .: ir 1 '4 ?i, s: ..,: ' :Y: 7f ',•'t'i tl' ` ' ";'J 'i io!' t r. . . "S / l i, . r I" r r L r_' r •1° .!' t:'6;? ?,.5 •?'=?' .: ?. [J` !' ?' .r T. ` •.i - S r .. 1, , rrIVA?c3p .l ;.?Fi l??r .. .. ., r''f: • r .. '.. :f .., 1, - „.', "l +ri CITY OF C V E A R W A'T E>R. Interdepartmental Correspondence 1 7' TO: Mayor and Commissioners ;• FROM: Cynthia E. Goudeau,' City Clerk -' SUBJECT: Item #24 7121194 Agenda - Public Hearing and 1st reading Ordinance 5618-94, Temporary Uses in Conjjunction with outdoor retail sales : COPIES: Elizabeth Deptula, City Manager Alan Zimmet, Interim City Attorney Scott Shuford, Central Permitting Director DATE: August 2, 1994 =Y At- the July 21, 1994, meeting the above referenced item was continued to September 22, `. 1994,' as indicated on the, agenda cover sheet.. The September 22 date was incorrect and should have been September 15. Therefore 'l an: adding,.under tither Pending Matters,.on the August 4'agenda an1tem for you to rescind the previous action and to continue the item to ,September 15, 1994. t='..' ', , It If you have any questions, please let n* know. S !?Yf. `'.+,:•. l.H -:pi Min r'• '^i']j Yii''r'tid'1 ? ? r. X11 '¦?'7 , RESOLUTION NO. 94-69 A RESOLUTION. OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE NECESSITY TO CONSTRUCT 'IMPROVEMENTS, REPAIRS TO AND REHABILITATION OF THE EAST PLANT, INTERCEPTOR SEWER LINE, AUTHORIZING, AND DIRECTING CONDEMNATION OF THE. NECESSARY PROPERTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the'City Commission has been advised by its Department of Public Works that it is necessary and in the public interest to make- improvements, effect repairs and rehabilitate sections of the East Plant Interceptor Sewer Line in order, to improve the structural- integrity of the line, to,provide for the safe transmission of-sewage to the East'Plant, to prevent salt water intrusion into the East Plant, to protect the surrounding area from discharge of raw sewage and to protect the waters of Tampa Bay from harmful discharges from the East-Plant due to the structural failure of the East Plant Interceptor Sewer Line, and salt. water intrusion; and WHEREAS, the City Commission has determined that the acquisition of certain property and property rights is necessary for this public purpose; and ' WHEREAS, the City Commission is empowered by the Florida Constitution and by Chapters 73, 74, and 166, Florida Statutes, to exercise the power of eminent domain and acquire such property and property rights as is deemed necessary by the City Commission for the public purpose of providing the necessary rights-of- way.and easements for the construction of this project; and WHEREAS, the Department of Public Works has surveyed and located its line or area of construction and intends in good faith to construct the project on or over the hereinafter described property, An accordance with the construction 'plans for East Advanced Pollution Control Facility South Interceptor Rehabilitation Project; and WHEREAS, the City Commission has considered engineering analysis and staff r presentations and has determined the necessity of acquiring certain property and property rights only after considering alternative routes,-or the lack thereof, safety factors, environmental considerations, costs of the project, and long term area planning; and WHEREAS, attempts to negotiate the acquisition of necessary rights-cif-way and temporary construction' easements have been unsuccessful, and it.is therefore necessary to exercise the power of eminent domain for the. public purpose of improving sewage -transmission., and treatment in the City of Clearwater and reducing the risk of discharge of untreated sewage; now, therefore, BE IT RESOLVED BY THE CITY'COMMISSION OF-THE CITY OF-CLEARWATER, FLORIDA:, Section 1. The City Commission finds it necessary'an& in 'the public interest,to construct 'improvements, repairs to and rehabilitation of 'the East Plant` Interceptor. Sewer Line accordance with the engineering plans for the project. Section 2. The City Commission authorizes the Director of Public Works or his designee, to give testimony and commit the City as to the construction plans r k for this project. Section 3. The City Commission commits itself to the particular use and extent of the property to be taken as reflected in the construction plans, and the City Commission recognizes that., in the case of easement acquisition, the ::. owner reserves and retains all rights in, the easement property not inconsistent with,the City's uie thereof. Section 4. 1 The City Commission finds it necessary to acquire the specified interest in the following described property in order'to construct, said project in accordance with said plans: SEE EXHIBITS A & B. 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Section- '5: 'T'he,City Attorney .is , hereby expressly, authorized ,ta.,f,ile a' ' ... f:' ," ,I'::' : '. pyetition inreminent domain against the properties identified in this' `resolution. ' . ' `1' ; ' , . . I . , . , V 'ir;`::.A; :.. Se,ctio' A Thissresolution shall , take effec rt .immediately= upon'adoption... :'3 , . , .. ° `' ',`?' • ' PASSED AMD ADOPTED:AS AMENDED "this 4th.'-of August, '1994. 1 , f t Attest.. ; r` '? _ I ,; , , ;, .{ - ; ? t -'d. nt ia. E. - Goudeau, City'C er s'';: 'S Cy' Rita. Garvey,' Mayor-Commissioner. • ... - , . '`,e . ', l7 .. , y ' b ' . j tl ,= . - • r r . f ? r , kFt,t) ?,F , . , 6 f ? • i, e .. a . rr - . I s , I !'fir. - .f r .. 1. .s ,I , .. -, ,F r:, 'r r. r ., i. .. ' ? , _ r . a ? IT r , .?,i )r i .. I S Q „ ! 7 y Z ' I .. . - r ! ji, i'- a) r c. . i 11 F. r . . l ' (. . - r i l-k.. ? 0 < J .. 3. r 'T • r F 1 1 . i , l 5 ' s • r 4 '§ ' 1•!i 1 r•f .. ( , ? • I'!'a ',4 S r . , 1 , r , - , _ .I' - • r- .• .? f ', .. ?'i, ,t ,! . ' .1 a . 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(013) 462-6760 Fax(a13)467-6426 MEM0RANDUM t: TO: Honorable Mayor-and City Commissioners FROM: Alan` S. Zimmet, Interim City Attorney CC: Elizabeth Deptula, City Manager . DATE: August 3, 1994. RE: Amendment to Agreement between City and Alan S. Zimmet 'As you know, Al Galbraith has resigned effective August 31, 1994: With his resignation, the present staff of the City Attorney's Office, including me, will not be able to perform its duties without additional assistance. When the contract between the City and me was entered into, the City Commission specifically requested that the contract be with me and not my law firm. The intent of this requirement was that I, and not other attorneys'with my firm, perform the City's work. " Mr. Galbraith has informed me that he intends to use his annual leave during the month of August and will not be in-the office for virtually the entire month. (He has enough leave to take off the entire month). With his resignation, the situation has changed since my agreement was entered into. I'would request that my agreement with the City be amended to allow me to utilize other attorneys in my law firm to perform the work that was being performed by Mr. Galbraith. This change is necessary so that I have some-assistance to continue to provide the legal services that the City needs. I am attaching an Amendment to the Agreement between myself and the City which would allow me to utilize the attorneys available to me at my law firm • that are familiar with local government law issues. These attorneys have worked extensively in this area of the law. If you have any questions regarding this matter, please do not hesitate to contact me. Isp #43465 "Equal Em,pIoymenI arid AfIIrma IIva A c I I o n EmpIo.yar" ` r _ yr; :, w • '?.. "`1. #R Ei r f . r 'CITY OF CLEARWATER' INTERDEPARTMENT CORRESPONDENCE' ; TO: Betty Deptula,,City Manager FROM: Jeff Harper, Director of Administrative. Services . SUBJECT: Jolley Trolley Advertising ' DATE:, July 27, 1994 'r. 'Comm3.ssioner Berfield suggested,that we contact the+.Joliey Trolley staff about placing advertisements promoting city programs. We, have spoken-with Mr. Henion'. He advised us that the City'may place,one advertisement on each of, the,three trolleys. The cost will be only,4the cast of producing } the sign. The Graphics staff has developed some possible ads for,you,and the City Commission to review. They have also requested prices to have the signs made on the material suggested by Mr. Henion. Please let.us know if these proposed ads meet with approval. ,If so, ,we should 'be able to place them on the' trolleys '-the 'week of August'1 'If not°, we will come up with more ideas. ; I' r r • ' f ' '/ t,r?,k'r "k t i AM 1NDMENT.TO AGREEMENT This Amendment to Agreement made and entered into this day of August, 1994, by and, between the City . of Clearwater (hereinafter referred to as the "City "), 'and Alan S. Zimmet (hereinafter referred to as "Zimmet") amends that certain Agreement entered into on April 21, 1994, between'the City and Zimmet: WHEREAS, the City wishes to authorize Zimmet to utilize other attorneys' who are ' members of his firm„Tew, Zinober, Barnes, Zimmet and Unice to ensure that the duties and obligations of the City Attorney's Office are accomplished in an appropriate manner. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will , accrue to the parties hereto, it is mutually understood and agreed as follows: 1. That certain Agreement between the City and Zimmet dated-April 21., 1994, (hereinafter" referred to as the "Agreement") is hereby amended to, authorize Zimmet, in accordance with'Section 112.313(16), Florida Statutes, to utilize his partners and associates who ' are members of his law firm, Tew, Zinober, Barnes, Zimmet and Unice to perform the duties and work of the City's Legal Department, as he deems necessary. 2. Zimmet will continue to act as' Interim City Attorney in accordance with the Agreement, 3. All remaining provisions of the Agreement shall remain in full force and effect. This Addendum shall be terminated in the same manner provided for in the Agreement. IN WITNESS. WHEREOF, the parties hereto have executed this Amendment to Agreement on.the day and year first above written. CITY OF CLEARWATER ALAN S. ZIMMET BY: By: Rita Garvey, Mayor Alan S. Zimmet ATTEST: Cynthia Goudeau; City Clerk, Isp 1143467 {{,t?x?Yi •, E` d Y