02/02/1995
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CITY COMMISSION MEETING
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ACTION AGENDA. CLEARWATER CITY COMMISSION MEETING
Thursday, February 2, 1995 - 6:00 P.M, - Chambers
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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 shall 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 813/462.6684.
'\
1, Deacon Albert Tibbetts, St, Cecelia's
Catholic Church,
2. Mayor,
3, None,
4, Proclamation: National Burn Awareness
Week - 2/5-11/95,
5, a) Received report,
bl Received report,
6, Approved as corrected,
7, Shirlev Moran asked that agendas be
available at 1 st floor information window,
Requested a task force look into problems
the elderly have crossing the streets and the
danger they are in, Citizen Advisory
Committee of MPO was the suggested
body.
Jane Stinson felt she should have a choice
ra participation in the City's recycling
program.
pennis Haner-lar complained he is not
getting the police protection for which he
pays taxes,
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1 , Invocation
2, Pledge of Allegiance
3, Service Awards
4, Introductions and Awards
5, Presentations
a) Environmental Advisory Board - Annual
Report
b) Rice Williams - Cable Update
6, Approval of Minutes - Regular Meeting
1/19/95
7. Citizens to be heard re items not on the
Agenda (maximum of 30 minutes)
)
Not Before 6:00 P,M. - Scheduled Public Hearings
( 1 ) Presentation of issues bV City staff,
(2) Statement of case by applicant or
representative (5 minutes',
(3) Commission questions,
(4) Comments in support and in opposition,
whether as an individual or as a
spokesperson for a group (3 minutes),
(5) Commission questions,
161 Final rebuttal by applicant or representative
(5 minutes),
(7) Commission motion to determine
disposition
2/2/95
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PUBLIC HEARINGS
All individuals speaking on public hearing Items will be sworn-in.
8,
Public Hearing & First Reading Ords.
#6746-95, #5747-95 & #5748-96-
Annexation, Land Use Plan Amendment to
Residential Low & RS-8 Zoning for property
located at 1947 W, Skyline Dr., Skyline
Groves, Lot 105 (e.M.L. Building Co., Inc'f
A94-27, LUP94-31 HCP)
Public Hearing & First Reading Ords.
#6743-95, #5744-95 & #5745-95-
Annexation, Land Use Plan Amendment to
Residential/Office/Retail & CPO Zoning for
property located at 24244 US19,
Annexation/LUP for Haas Sub'f Lots 3-8
and Blackburn Sub" part Lot 3 & abutting r-
o-w for Lawson Rd. & Haas Ave,; Zoning
for Haas Sub" Lots 1-8 and Blackburn Sub.,
Lot 3 (Ridge Haven Associates, Ltd., A94-
28, lUP94-32}(CP)
Public Hearing & First Reading Ord. #5764-
95 - CI Zoning for property located at 1 200-
1222 N. Betty Lane and 1209-1223
Fairburn Ave" Fairburn Addition, Blk C, Lots
1-4 & 7-12 (Homeless Emergency Project
Inc., Z94-16I(CP)
Variance(s) to Sign Regulations for property
located at 650 Mandalay Ave" Revised
Map of Clearwater Beachf Blk 3, Lot 10
(Damsker/Beach Break, SV95-0S)(CP)
S, Approved, Ords, #5746-95, #5747-95 &
#574S-95 passed 1 st reading,
9, Continued to 2/16/95,
10, Approved. Ord, #5764-95 passed 1st
reading,
11 , Approved variance to permit a freestanding
sign with an area of 12,S8 sq.ft" a height
of 12.8', & a setback of 0' from Mandalay
Ave. r-o-w subject to standard setback
condition.
1 2. No Item,
13, Approved, Ord, #5720-95 passed 1st
reading,
14, Cont, to 3/16/95,
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11.
12,
13,
No Item,
Public Hearing & First Reading Ord. #5720-
, 95 - LDCA prohibiting nonresidential
driveway access across residential zoning
boundaries and adjusting the lot area
requirements for manufacturing uses in the
CI district (LDCA94-29HCPl
Public Hearing & First Reading Ords,
#5741-96 & #5742.95 - Land Use Plan
Amendment to Commercial General & CPO
Zoning for property located at 509 Bayview
Ave. & 50S Meadow Lark Lanef McMullen
Bayview Sub" Tract A, Blk 3, Lots 1 & 2
and S 1/2 of r-o-w to the N (R, Roy Meador,
LUP93-43, Z93-54HCP) - To be Cont. to
3/16/95
14.
2f2/95
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Publlc Hearing. Second Reading Ordinances
15. Ord. #6713-95 - LocA re neon lighting,
Illuminated area of signs & sign bases
(LOCA94-24) - Continued, 1st reading on
1/19/95 cant. to 2/16/96
16. Ord. #5721-95 - re Standard Housing Code,
amending See, 49,02 of City Code and See,
103.2 of Standard Housing Code, 1 991
Edition, relating to unsafe buildings and
repealing Sees. 49,04 & 49,05 of City Code
relating to notices, public hearings and
Commission action (CPJ
17. Ord, 6755-95 - LOCA re outdoor retail '
sales, displays, and/or storage in the Beach
Commercial and Resort Commercial zoning
districts (CP) Withdrawn, Denied on 1st,
reading on 1 n 9/95
18,
16, Ord, #5721-95 adopted,
17, Withdrawn,
Special Items of widespread public interest
a) DDS Discussion
1) Ord, #5751-95 - remove City Clerk as
SOE
2) Ord, #5753-95 - removing taxing
, authority
19.
a)
1) Ord. #5751-95 passed 1 st reading.
2) Ord, #5753.95 passed 1 st reading,
Citizens to be heard re items not on the Agenda
Ken Rosenow requested the issue of the tourist tax be agendaed,
CITY MANAGER REPORTS
20. Joint Facilities Agreement, Pay Coin
Agreement for ten year term, & First
Reading Ord, #5757-95 - granting to GTE
Florida, Inc., permission to occupy
municipal streets & rights of way in
Clearwater as a means of providing
telecommunication services; prescribing
terms & conditions accompanying grant of
franchise lIA)
2/2/95
20, Approved, Ord, #5757-95 passed 1 st
reading,
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21. First Reading Ord. 6766-96 - extending
term of franchise agreement with Vision
Cable of Pinellas, Ine" to 8/21/95 (IMt
21. Approved. Ord, #5756-95 passed 1 st
reading,
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22. Other Pending Matters
al (Cont, from 1/19/951 Sidewalk Vendor
and Outdoor Cafe Ordinance - Issues
(previous ordinance re this topic, #5658-94
withdrawn at 11 117/94HCP)
b) Res, #96-17 - Endorsing the nomination
of St. Joseph Sound to the list of "S,W,I,M,
Priority Waterbodies" in 1995
0) Sand Key Civic Association request re .
Clearwater Pass Bridge tolls
22. a) ~irection given,
bl Approved. Res, #95-17 adopted,
cl Withdrawn,
CITY ATTORNEY REPORTS
23, Resolutions
a) Res. #95-16 - relating to rules of
procedure for Commission; creating Rule 20
, defining absence of Mayor-Commissioner;
creating Rule 21 defining excused
,absences; creating Rule 22 establishing
strategic planning sessions
23. al Res, #95-16 adopted.
24, Other City Attorney Items
al (Cont, from 1/30/95) Revised Scope of
Services - David Cardwell
24, a) Approved,
25. City Manager Verbal Reports
25. The City Manager outlined negotiation
points the Chamber of Commerce Is
proposing re the old Utilities Building.
Direction given,
26, ' Commission Discussion Items
27, Other Commission Action
26, None,
27, Fitzaerald reported issue raised at Mayor's
Council re no funds in proposed State
budget for beach renourishment needs to
be followed closely, Staff to follow up.
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28. Adjournment
28, 10:19 p,m,
2/2/95
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C I T V OF C LEA R W A T, E R
'lnterdepartm~ntal Correspondence
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TO: Mayor Garvey
FROM: Sally Thomas, Agenda Clerk
SUBJECT: Invocation ,i
COPIES: Cynthia ,Goudeau, City Clerk
DATE: February 2, 1995
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Tonight~s Invocation will be offered by Deac~n Albert Tibbetts, St, Cecelia's Catholic
, Church, 820 Jasmine Way, Clearwater, FL 34616
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CLEARWATER ENVIHONMENTAL ADVISORY BOARD
ANNUAL REPORT - February 2, 1995
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Introduction
The board is charged with these powers and duties:
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1, Identify and assess significant environ menIal objeclives,
2, Review and provide recommendations to the city commission on selected environmental programs and
projects,
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'The board's powers are limiled to an advisory capacity,
Board Overview
The EAB was eSlablished by Ordinance" 5653.94 in September of 1994, Members are residents 01 the city
appointed by the Commissioners for telms horn 1 10 four years, The board has ten membership positions,
Eight are currently occupied by:
Mike Foley Chair John Jenkins
Jill Melkonian Vice Chair Brian Morris
Anne Garris Allan Stowell
Lisa Lanza Early Sorenson
Public meeiings ~ held on th~ third Wednesday each month in the commission meeting loom at 4 PM, The
staff liaison is Mr, Thomas H. Miller, manger of the Engineering Department's Environmental Management
Division. '
1, ,Undeveloped Properties List - Jill Melkonian compiled a list of undeveloped properties in the city. The
goal of this project is to identify undeveloped properties wilh significant environmental value to Ihe city so
they may be recommended for prolection, On the list are about 25 properties that need to be assessed .
for environmental features, The board has requested thaI the commission authorize sta,lf lime exceeding
8 hours to site review these properties, The board hopes to idenlify property for preservation before
development is planed.
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Review of Past Year's Activities
The board has met three times so far, Topics discussed include the following:
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2, Landscape Ordinance - Lisa Lanza has met wilh city staff to review the new ordinance and will be
advising the members on this issue so that a recomendation will be f0l1hcomming,
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3. Comprehensive Plan, Parts of Ihe plan are in need of change, The board will be meeting with city
planners to review changes to the plan so that the board may make recomendations,
4. Watershed Management -The report of city wide waler quality is being studied, The board is keeping
informed about the Alligator Creek project. the Maple Swamp project, Aliens Creek, and olher plans. The
board would like 10 see septic lanks regulated properly or hooked up to treatment facilities The board is
following the Federal NPDES permitting process, Water quality issues ale a priOlalY concern of the
board, Recomendalions will be fotthcomming as these issues mature,
5. Wetlands Setback Ordinance. The ordinance establishes a minimum setback rule, The boatd has
strongly supported the new ordinance and recommended ils approval.
6. Tree topping. The board has recommended passage of Iho tree topping ordinance rule, The board will
study tho relatec.llegal issues.
7, St. Joseph Sound as a SWIM Waterbody. The board will recommend Ihal 51. Joseph Sound be
nominated for inclusion in the SWIM program,
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8.' Other Topics. The board has be6r. sludying the Tamp3 Bay Nallonal Estual}' Program, bay front
projects. gas station tank Issues. parking lot runoff. the stormwater ulllity, potable water and oiher matters,
. , to advise the commission.
'Outlook for the Coming Year
Water quality will continue to be a primarY Issue, Polable water issues will will be sludied. Fishing needs to
be addressed, Landscaping will contrnue to be reviewed. Tall bridge design may become an issue.
Groundwaler contamination is being brought up and will be studied, Bay side and coastal development
matters are being brought up. Major development and re,development projects will be studied,
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~ncerns for Commission Consideration ,
Let us look for sensible. innovative and cost effective ways 10 preserve. prolect and Improve Ihe environment.
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, Respectively submitted by
, , ~ike Foley
, " Chair, EAB
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MEET1N~ DATE
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Persons wishing to speak before the Commission at the beginning of
the meeting 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 of ten 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:
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NAME
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Persons who are not pre-registered and wish to speak before the Commission
may do so after the public hearings.
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DATE
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'2-95
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ITEM #
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Clearwater City Commission
Agenda Cover Memorandum
Item II
Heetlng Date:
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SUBJECT:
Petition for Annexation, Future land Use Plan Amendment, and Zoning Atlas Amendment for 1947 West
Skyline Drive; Owner: C.M.L. Building Co.; Representative: William E. Ferris Jr., President; 0,17
acres m,o.l. (A 94"27 & lUP 94~31)
RECOMMENDATION/MOTION:
Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential low, and Zoning
Atlas Amendment to Single Family Residential "Eightlt (RS-B) for lot 105, Skyline Groves Subdivision,
and pass Ordinances No. 5746-95, 5747-95, and 574B-95 on first reading.
[] and that the appropriate officials be authorized to e~ecute same.
BACKGROUND:
The subject property is located on the east side of West Skyline Drive approximately 710 feet north of
Sunset Point Road and one street east of the south entrance to Top of The World. The applicant wishes
to annex to obtain City sewer service for a new single family home which will be built under a County
building permit. The property is contiguous to the City; street right-of-way in front of the property is
in the City.
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The properties in the subdivision which are in the City have a City and Countywide Future land Use Plan
Classification of Residential Urban (7.5 u.p.a,) while those lots in the County have a County/Countywide
Classification of Residential Low (5.5 u.p.a.). Upon annexation, it is recommended that the City assign
the property a Future land Use Plan Classification of Residential low, the same as its present
Countywide Classification, and a zoning of AS-B. This is one of the subdivisions with mixed land uses
which City and PineJlas Planning Council staffs are discussing in hopes of establishing a single land use
for each of the affected subdivisions.
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The Planning and Zoning Board held a public hearing on this application on January 10, 1995, after
which they unanimous\y endorsed the proposed annexation, Future land Use Plan Amendment to
Residential Low, and Zoning Atlas Amendment to Single-Family residential" Eight" (RS-B) to the City
Commission.
Pertinent information concerning the request is summarized in the tables on page 2,
RlVilwed ky:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACH
Other
N/A
ilIA
N/A
N/A
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N/A
Orlg1natlnl Dlpt:
CENTRAL PERMITTING
Cuu:
. NfA
Total
Cummllllan Actlun:
o Approved
o Approved w/condltlons
o Denied
o Continued to:
UllrDIJlt:
$
Current Fiscal Yr.
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Adv.rtllld:
Date: 12/29/94
Paper: TAMPA TRIBUNE
o NDt Required
AffactM ',rtlt.
Ill! Notified
o Not Requl rl:d
FundIng SuurcI:
D capl tal Irrp,
o Operating
o Other
Attuhmlnu:
ORDINANCES NO. 5746-95, 5747
-95, & 5748-95
LOCATION HAP
Appraprlltlun Cadi:
o NDne
~ Printed on recycled paper
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LOCATION
Subject
Property
North
South
East
West
DESCRIPTION
Density
Lot Area
Lot Width at
setback line
Depth
A 94-27 & LUP 94-31
Page 2
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
County Residential Low R-3 Vacant lot
County Residential Low R-3 Single family residential
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County Residential Low R-3 Single family residential \
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County Residential Low R-3 Single family residential
County Residential Low R-3 Two single family residential lots
occupy the property to the west.
City Residential Urban RS-8 The southerly one is in the City,
ZONING RESTRICTIONS
RS-6
REOUIREMENTS
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5.8 u,p.a.
7,500 sq. ft.
75ft.
EXISTING
5.5 u,p.a, max.
7,000 sq. ft. min.
70 ft. min.
85 ft. min.
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100 ft.
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS:
R-3
RM-' 5
RS-6
RS-8
u.p.a.
Single Family Residential (County)
Residential, Multiple Family District (County) (Top~of-the-World)
Single-Family Residential "Sixtt (City)
Single-Family Residential "Eight" (City)
Residential units per acre
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ORDINANCE NO. 5746-95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON ,THE EAST SIDE OF WEST SKYLINE
DRIVE NORTII OF SUNSET POINT ROAD AND ONE
STREET EAST OF THE SOUTII ENTRANCE TO TOP OF
TIlE WORLD, CONSISTING OF LOT 105, SKYLINE
GROVES, WHOSE POST OFFICE ADDRESS IS 1947 WEST
SKYLINE DRIVE, INTO TIlE CORPORATE LIMITS OF
THE CITY, AND REDEFINING TIlE BOUNDARY LINES
OF THE CITY TO INCLUDE SAID ADDmON;
PROVIDING AN EFFECTIVE DA 'fE,
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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 ordinaJ1(~('.;
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 105, Skyline Groves Subdivision, according to the map or plat thereof, as
recorded in Plat Book 44, Page 22, of the public records of Pinellas County, FloIida.
(LUP94-31)
Section 2, The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public which have heretofore been made by platt 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
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Ma~or-Commissioner
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Approved as to form and '
legalsufflcien;cy:,
Attest:
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City Attorney,
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Cynthia E~ Goudeau,
City Clerk
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ORDINANCE NO. S747~95
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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 EAST SIDE OF
,WEST SKYLINE DRIVE NORTH OF SUNSET POINT
ROAD AND ONE STREET EAST OF THE SOUTH
ENTRANCE TO TOP OF THE WORLD, CONSISTING OF
LOT 105, SKYUNE GROVES, WHOSE POST OFFICE
ADDRESS IS 1947 WEST SKYUNE DRIVE, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the amendment to the future land lise 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 us'e 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 105, Skyline Groves Subdivision,
according to the map or plat thereof,
as recorded in Plat Book 44, Page 22,
of the public records of Pinellas
County, Florida. (LUP94-31)
Residential Low
Section 2. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No, 5746-95,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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Rita GaNey
Mayor-Commissioner
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ORDINANCE NO. 5748~9S
AN ORDINANCE OF TIlE CITY OF CLEARWATER,
FLORIDA, AMENDING TIlE ZONING ATlAS OF THE
CITY BY ZONING CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF WEST SKYLINE
DRIVE NORTH OF SUNSET POINT ROAD AND ONE
STREET EAST OF TIlE SOUTH ENTRANCE TO TOP OF
THE WORLD, CONSISTING OF LOT 105, SKYLINE
GROVES, WHOSE POST OFFICE ADDRESS IS 1947 WEST
SKYLINE DRIVE, UPON ANNEXA nON INTO THE CITY
OF CLEARWATER, AS SINGLE FAMILY RESIDENTIAL
8 (RS~8); PROVIDING AN EFFECTIVE DATE.
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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 TIlE CITY COMMISSION OF 1HE
CITY OF CLEARWATER, FLORIDA:
Section 1. The follo~ng described property located in PinelIas 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 Zonin~ District
Lot 105, Skyline Groves Subdivision, (RS-8),Single Family Residential 8
according to the map or plat thereof,
as recorded in Plat Book 4, Page 22,
of the public records of Pinellas
County, Florida. (A94~27)
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, 5746-95,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
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Clearwater City Commission
Agenda Cover Memorandum
q,
I tern fI
MeetIng Date:
J. J, '1'3
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 24244
U.S. 19 North; Owner: Ridge Haven Associates, Ltd.; Representative: E. D, Armstrong III.
(A 94-28 & LUP 94-32)
RECOMMENDATION/MOTION:
Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential/Office/Retail for
Lots 3 through 8, Haas Subdivision and Lot 3, Blackburn's Subdivision, less the east 200 feet thereof,
togethar with the abutting right-af-way of Lawson Road and the right-of way of Haas Avenue from its
intersection with Lawson Road to U.S, 19; and Zoning Atlas Amendment to Commercial Planned
Development for Lots 1 through 8, Haas Subdivision and Lot 3, Blackburn's Subdivision, and pass
Ordinances No, 5743-95, 5744-95, and 5745-95 on first reading,
[] and that the appropriate officials be authorized to execute same,
BACKGROUND:
The subject property is located on the west side of U.S, 19 just north of Sunset Point Road. The
applicant is annexing the westerly 360 feet of Ridge Haven Trailer Park and combining it with the
easterly 200 feet of the trailer park to form a Commercial Planned Development. The development
would have a main building with a floor area of 42,933 square feet with an out-building of 3,255 square
feet. The main building would have setbacks of 50 feet from Lawson Road, 20 feet from Haas Avenue,
and approximately 288 feet from U.S, 19. The out-building would have a setback of 5 feet from the
south property line with a setback from the center line of U.S, , 9 of 226 feet. The property being
annexed has an assessed valuation of $494,400, and the combined properties making up the planned
development have an assessed valuation of $733,600,
All of the property within the proposed planned development has a Coutywide Future Land Use Plan
Classification of Residential/Office/Retail. The City and County also have the same classification for the
portions under their jurisdiction. The portion presently in the City has a zoning of Highway Commercial
while the portion in the County has a zoning of Commercial Parkway District (CP-2), It is proposed to
assign a City Future Land Use Plan Classification of Residential/Office/Retail to the property being
annexed, which is the same classification as the part already in the City. The proposed zoning for the
entire parcel is Commercial Planned Development,
R.vilwld by:
Legal
Budget
Purchasing
Risk Hgll1t.
CIS
ACH
Other
NfA
N/A
NfA
N/A
~
fA
Drlglnatlng D.pt:
CENTRAL PERMITTING
Co Itl:
tNlA
Total
Commlulon Actkm:
o Approved
o Approved w/condltlons
o Denied
o ContInued to:
u.., hpt
$
Current Fiscal Yr.
Sl6mitt141 by:
CI ana~
Advlrtllld:
Date:
Paper: TAHPA TRIBUNE
IJ Not Requl rl!d
AffHtad hrtl..
llJ lIotH I cd
IJ Not RequIred
fundIng Sourc.:
IJ Capital I~.
IJ Operating
o Other
Approprbtlon Cad.:
Attachm.nt.:
ORDINANCES NO. 5743-95, 5744
-95, & 5745-95
SITE PLAN
LOCATION HAP
IJ None
~ Printed on recycled paper
A 94-28 & LUP 94-32
Page 2 of 5
The Florida Department of Transportation has Includad an overpass at Sunset Point and U.S, 19 in Its
work program. The acquisition of right-of-way is programmed over a four year period beginning in
1996/97, Unless there is a major program revision, construction probably would not take place until the
turn of the century. Part of the subject property along U, S, 19 is expected to be acquired for this work.
The applicant has discussed with FOOT their proposed access from U.S, 19, and has received a
preliminary evaluation that the access shown on the site plan is acceptable to FOOT,
Staff recommends that freestanding signage on Haas Avenue and U.S. 19 be limited to one sign per
street with a maximum area of 1 50 square feet and maximum height of 20 feet, unless the US 19 sign
is allowed a height bonus due to overpass construction. Freestanding signage on Lawson Road shall be
limited to one sign oriented perpendicular to Lawson Road with a maximum area of 112 square feet and
a maximum height of 20 feet. To protect residential uses across Lawson, this sign shall not be
illuminated on its north side, Similarly, the main building shall not have any signage on the west side
(Lawson Road), but would be permitted to have signage on the south side, From US 19f the main
building shall be permitted attached sign age of 300 square feet:
For attached signage, staff notes that the main building is setback between 288 and 296 feet from US
19, Ordinarily, such a setback would allow for 262,5 square feet of attached signage based on a
permitted signage of 150 square feet with a distance bonus of 0.75%. However, staff recommends
"splitting the differencetl between the 262.5 square feet discussed above and the 337.5 square feet that
would be allowable if the building met a 300 foot setback. For the outbuilding, attached signage shall
be limited to 1.5 square feet per lineal foot of frontage, up to a maximum of 150 square feet, This
building shall not have signage on the south side of the building, These proposed signage requirements
are shown on the site plan,
Preliminary conditions for site plan approval are listed on page 5,
The Florida State Statues place special requirements upon mobile home park owners and governmental
agencies in the rezoning of the mobile home park property and/or the removal of mobile home owners
(S.S. 723.081 & 723.083). These requirements must be fully satisfied before finalization of this
rezoning, The City has informed the applicant that he is responsible for taking the lead in seeing that
applicable State requirements are fully satisfied, and he has indicated that he has obtained purchase
agreements from over 90 percent of the mobile home owners at the time of preparation of this report,
He has also provided the attached report that shows that there are available mobile home spaces in the
general area to which the remaining mobile home owners can move. Staff believes that the purchase
agreements have dissipated the initial opposition by the residents of the park, An update on the status
of purchase agreements will be presented to the City Commission at this meeting.
The Planning and Zoning Board will hold a public hearing on this application on January 1 a, 1995, and
the Development Review Committee will review the site plan at their January 19, 1995 meeting, The
results of these meetings will be provided to the City Commission at this meeting,
Pertinent information concerning the request is summarized in the tables on pages 3 and 4.
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A 94.28 & LUP 94.32
Page 3 of 5
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
County Residential/Office/ CP-2 Ridge Haven Trailer Park
Subject Retail
Property City Residential/Office/ CH Ridge Haven Trailer Park
Retail
North County Residential/Office CP-2 Vehicle service, contractor's
Retail office/shops, vacant parcels
South City Commercial General CH Gas station and strip commercial
East City U.S. '9 N/A State highway
West City Residential Medium RMH Sunset lake Mobile Park; Mobile
park
OTHER REQUIRED REVIEWS
AGENCY
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
YES
NO
X
X
", .~ > I, .
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A 94-28 & LUP 94-32
Page 4 of 5
ZONING RESTRICTIONS
DESCRIPTION CH CG
REQUIREMENTS REQUIREMENTS
Density 24 u.p,a, max. 24 u.p.a. max.
Lot Area 20,000 sq, ft, min, 10,000 sq, ft. min.
Lot Width at 120 ft. min. 100 ft, min.
setback line
Depth '00 ft. min. 100 ft, min,
Height 50 ft. max, 50 ft, max.
Setbacks:
Street 35 ft. min. 25 ft. min.
Side
Rear 20 ft. min. 10ft, min.
20 ft, min. 10ft, min.
Bldg. Coverage 45% max, 40% max,
Open Space
Lot 25% min. 15% min,
Front Yard 50% min, 50% min,
F.A.R. 0,5 max. 0.4 max,
;A~~~~~%ll~i_
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ABBREVIATIONS:
CG
CH
CP-2
CPO
RMH
RS-4
RS-6
u.p,a.
General Commercial (City)
Highway Commercial (City)
Commercial Parkway - 2 (County)
Commercial Planned Development (City)
Mobile Home Park District (City)
Single-Family Residential "Four" (City)
Single.Family Residential"Sixu (City)
Residential units per acre
PRELIMINARY CONDITIONS OF APPROVAL
1 , A fire hydrant assembly shall be installed not more than 300 ft, from the structure.
2. If structure requires or has installed an automatic fire sprinkler system, a Fire Department
connection shall be installed with a minimum of 15ft, from the structure, adjacent to a paved
driveway and within 30 ft. of a fire hydrant assembly,
Prior to certification, the Dumpster Requirement Form must be completed and returned to the City
Solid Waste Department.
Prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review.
Prior to issuance of a building permit, a copy of the approved SWFWMD permit is to be provided
to Engineering Site Plan Review.
Prior to certification, the final site plan must be signed and sealed by a Professional Engineer
registered in the State of Florida,
A Pinellas County Public Health Unit Permit, Ingress/Egress and a 10ft, utility easement over the
proposed water mains up to and including meters, backflow prevention devices and hydrants are
required prior to issuance of a building permit.
Backflow prevention devices must be installed by the City with applicable fees being paid by the
owner.
All existing and proposed utilities are to be shown on the site plan prior to certification,
Prior to certification, plans are to show 50 ft, of adjacent topography around perimeter of site,
Sidewalks are required adjacent to all street rights-of-way, and shall be shown on the site plan.
Handicap spaces must be adjusted to meet government standards.
Parking and/or driveways (placement of wheel stops) and traffic sign placement shall be approved
by the Traffic Engineer and shown on the site plan,
14. Dimensions to be shown on the plan shall denote measurements for aisles, parking stalls,
entrances, etc.
15. Prior to issuance of a building permitf a copy of the approved SWFWMD permit shall be submitted
to Environmental Management.
16, Signage should be as specified on the site plan.
17. The requisite building permits must be procured within one (1) year from the date of certification
of the final site plan and all requisites certificates of occupancy must be obtained within three (3)
years of the date of certification of the site plan,
18. A Unity of Title shall be recorded with Pine lias County Official Records prior to issuance of any
building permit.
19. All permitted uses and any approved conditional use permits or variances for the Commercial
Planned Development shall be listed on the final certified site plan,
20. The applicant shall contact Parks & Recreation for the required recreation/open-space assessment
fee, which shall be paid prior to certification of the site plan.
21. FOOT approval of proposed access to U.S. 19 shall be obtained prior to second reading of the
rezoning ordinance and approval of the final site plan,
3.
4.
5.
6.
7,
8.
, 9,
10.
11.
12.
13.
A 94-28 & LUP 94~32
Page 5 of 5
'< '
ORDINANCE ~O. 5743-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE
OF U.S. 19 JUST NORTH OF SUNSET POINT ROAD, CONSISTING
OF LOTS 3 THROUGH 8, HAAS SUBDIVISION, AND ,LOT 3,
BLACKBURN I S SUBDIVISION, LESS THE EAST 200 FEET THEREOF,
WHOSE POST OFF ICE ADDRESS IS 24244 U. S. 19 NORTH,
TOGETHER Wrn1 TAE~ABtlTTING RIGHT-OF-WAY OF LAWSON ROAD
AND THE RIGHT-OF-WAY OF HAAS AVENUE FROM ITS
INTERSECTION WITH LAWSON ROAD, TO U.S. 19, 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:
See Exhibit B attached. . (A94-28)
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
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
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
pam~.l~~n, City Attorney
Attest:
Cynthia Eo Goudeau. City Clerk
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LEGAL DESCRIPTION
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Lots 3, 4; S, 6, 7, and 8, Haas Subdivision, according to the map or plat
thereofas recorded in Plat Book 48, Page 66, of the public records of Pinellas
County, Florida; together with
Lot 3, Blackburn Subdivision, according to the map or p)at thereof as
recorded in Plat Book 24, Page 62, of the public records of Pinellas County,
Florida, less and except the East 200 feet thereof, together with the abutting
right~of-way of Lnwson Road and the right-of-way of Haas Avenue betWeen
Lawson Road and U.S. 19. (A94-28)
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, EXHIBIT B
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ORDINANCE NO. 5744.95
AN ORDINANCE OF TIlE 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 TIm WEST SIDE OF
U,S. 19 JUST NORTH OF SUNSET POINT ROAD,
CONSISTIN6- Of" '.L..QTS 3 THROUGH 8, HAAS
SUBDIVISION, AND LOT 3, BLACKBURN'S
SUBDMSION, LESS THE EAST 200 FEET THEREOF,
WHOSE POST OFFICE ADDRESS IS 24244 U,S, 19
NORTH, AS RESIDENTIAL/OFFICE/RET AIL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter described
property as follows: . " '"
Property
Land Use Category
See Exhibit A attached,
(LUP94-32)
Residen tial/ Office /Retail
Section 2. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 5743-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
1egU:;J
Pamela ,Akin'
City Attorney
Attest:
Cynthia E, Goudeau
City Clerk
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Lots 3f 4f 5f 6; 7, and 8, Haas Subdivision, according to the map or
plat thereof as recorded in Plat 'Book 48;.Page 66, of the public
records' of Pinel1as County, Florida: together with " '
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Lot 3, Blackburn S~bdivision, according to the map or plat thereof
as recorded in Plat Book 24, Page 62, of the public records of
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ORDINANCE NO. 5745-95
AN ORDINANCE OF lliE CITY OF CLEARWATER, FLORIDA,
AMENDING mE ZONING ATlAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF U,S.
19 JUST NORTH OF SUNSET POINT ROAD, CONSISTING OF LOTS 1
TIIROUGH 8, HAAS SUBDIVISION, AND LOT 3, BLACKBURN'S
SUBDMSION, WHOSE POST OFFICE ADDRESS IS 24244 U.S. 19
NORTII, TOGElHER WITII THE ABlITTING RIGHT-OF-WAY OF
LAWSON ROAD AND TIlE RIGHT-OF-WAY OF HAAS AVENUE
FROM ITS INTERSECTION WITII lA WSON ROAD TO U.S. 19, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL PLANNED DEVELOPMENT (CPD); PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas
of the City is amended, as follows:
Property
Zoning District
See Exhibit A attached,
(A94-28)
From: Unclassified and Residential/Office/Retail
(CH)
To: Commercial Planned Development (CPD)
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. 5743-95,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form and
jij,t~:
Pamela K. in, City Attorney
Attest:
Cynthia E, Goudeau, City Clerk
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PROPOSED ANNEXATION
USE PLAN CLASSIFICATION and
A 91./- - 2 8
ZONING
LUP 9'1-32-
LAND
OWHER RIDGE' HItVE/V f}SSOCII1TES rNC.
APPLIC....NT ' .I
PROPERTY DESCRIPTIOtf
'LAND USE P LAt.' Z 0 N IN G W/h ANNExflrloN- Lars 3-8, IIAAs
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P L.J. H U , U G tI n d Z 0 H III a 11 0 AnD - -- -=-L C I T '( COM IA I S ~ I 0 tl
SECTIOU G TOWHSHIP 29::> nAHal; IG E ATlAS PAGE
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JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P,A.
,\TTORNF.\'!i AND COUNSElLOR5 AT LAW
I~, 0, ,\JU.lfiTRONO III
UR.UCIl \'II, DAIl.NllS
JOlIN T, DL~L Y
DRUCE II. DOhOR
ALEXIS 1'. DROO'::;
allY M. BURNS
MICHAEL T, CRONIN
DllAt-.'E A DAlKER
ELlZADEllI I DANIELS
lls.\ \l DODGE
MARroN ItALE
REBECCA A Il11NSON
JM\ES \\" HUMANN
licOrrC,ILGF.NFRITZ
FRANK R IA!:ES
"IMOTIlY A JO:(NSON, JR,
511AlmN U .~ICJ:
JOHN R. l,\\\'SON, Jk .
M1CllAELO LIITlH
MICllAEL C, MAAKllAM
STEPIL\NIE T, MARQUARDT
DAVID J Orrll'lGI!R
F. WALLACE POI'E,IR
DARR YL R. RICHARDS
lJllNNI:Hl IUJl'l'HL.
l:'IIARLllS A 5MlARhOli
JOlIN,\ 5eJWWf.R
BHTlL\NN liCI IARRIlR
!'llllll' M SlIAfiTliEN
CHARt!!:! M, TATELD,\l1M
IOMl M \'I!CCIIIOLl
Ah'TllaN" p, ZINOI!
JUliUS I, 7.5CltAU
.OF COUNsEL
PU~ASE REI'L Y TO CLEARWATllR
FILENO, 35791,92453
January 9, 1995
VIA HAND DELIVERY
Mr, Scott Shuford
City of Clearwater
10 South Missouri Avenue
Clearwater, FL 34616
Re: Application for Annexation and Rezoning submitted by Ridge Haven
'..
Associates, Ltd.
Dear Scott:
This is a summary of available rental spaces showing that adequate mobile
home parks exist for the relocation of the Ridge Haven mobile home owners, This
information is submitted to assist the City in compliance with Section 723.083, Florida
Statutes.
"'
In the Ridge Haven Mobile Home Park, there are a total of 66 rental lots which'
are occupied, Twenty-three (23) of the mobile homes are owned by the property owner
and rented to tenants with month-to-month leases expiring April 3D, 1995 or earlier. Of
the 43 mobile homes which were owned by the residents, 35 mobile home owners have
sold their mobile homes to the proposed developer of the property, Harrison-Bennett
Properties: Inc., and have already made arrangements for relocation, Eight (8) mobile
homes remain which need to be relocated; however, we are hopeful that this number
will be reduced further in the coming days, The following table shows available rental
spaces and rental rates,
C't.tAk\\',\11:l~ UITl~'t
q II Cllt~,~lfT :m\tr.l
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CLJiARWAll;R,I'LnRID,\ .\.\(JI1.1]6~
'Tt:t.U'lIost ('UI~I.lm
TII.tCOI'ltllllUI 411,bl ~
1 A'll'" ornC'l
100 l'OIl.TtlT AMI'A ~Tlu,n
~urrr. 1100
I'lJ~" urne:': IlUX 1100
T,\~n'A. n.ORlPA ~\f.ol.llf~)
Tt:1.U'HONl,IMIlJ m,]\Oo
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JOHNSON, BLAKELY, POPE, BOKOR, ~UPPEL & BURNS, P ,A,
ATTORNEYS AND COUNsELl.ORS AT l./\W
Mr. Scott Shuford
January 9, 1995
Page 2
Mobile Home Park Location Monthlv No, of
Rental Spaces
Avail.
Tropic?,1 Breeze Lawson Road, Clearwater $250 Total of 7
and Sunset Lakes
:' Oak Bend 801 Main Street, Dunedin $345 1
Silk Oak . 28488 U:S. Hwy, 19 N" $28'2 3
Clearwater
Happy Trails 2261 Gulf~to-Bay Blvd,. $225 1
Clearwater
"
As shown above, there are adequate spaces to accommodate the eight mobile
homes to be relocated, Please note that the Tropical Breeze and Sunset Lakes mobile
home parks are located on the west side of Lawson Roadl across the street from Ridge
Haven Mobile Home Park. .
All of the attached rental availabilities have comparable rental rates to those at
Ridge Haven Mobile Home Park,
If you need any additional information pertaining to the relocation alternatives,
please feel free to contact me.
~ours,
E, D, Armstrong III
EDNjs
cc w/encl: Mr, David Freeman
0058841,01 fJs
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Clearwater City Commission
Agenda Cover Memorandum
10.
It em II
Meet{ng Date: ____
J, ~.Cf~
SUBJECT:
Application for Zoning Atlas Amendment for 1200 through 1222 North Betty Lane and 1209 through
1223 Fairburn Avenue; Owner: Homeless Emergency Project Inc.; Representatives: Otis C, Green and
Barbara C. Green (Z 94-16)
RECOMMENDATION/MOTION:
Approve Application for Zoning Atlas Amendment to Infill Commercial Lots 1 through 4 and 7 through
12, Block C, Fairburn Addition, and pass Ordinance No. 5764-95 on first reading.
[] and that the appropriate officials be authorized to e~ecute same.
BACKGROUND:
The subject property takes up all but the two southwest lots of the block at the southwest corner of
North Betty Lane and Engman Street. The applicants are requesting the rezoning to facilitate the
relocation and expansion of their emergency shelter from the block to the south on the property of
Everybody's Tabernacle. At the southeast corner of the property, there was a former rental storage
facility. A prefabricated unit has been installed in the center of this former storage facility which houses
up to 15 people. It is proposed to remodel the individual storage units into three and four bed sleeping
units and bathroom. The existing manufactured building would be used as a kitchen, dinning area and
double as a general use area, Office space for staff and laundry facilities are also to be provided,
The Planning and Zoning Board will hold a public hearing on this application on January 24, 1995. The
results of that meeting will be provided to the City Commission at this meeting.
Pertinent information concerning the request is summarized in the tables on page 2.
........ 1Ir.
Legit
Budget
Purchasing
R ilk Mgmt,
CIS
ACM
Other
H/A
NIA
NIA
NIA
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NIA
Dr"IMtbIt Dlpt
CENTRAL PERMITTING
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Colt.:
U/A
Toul
CemndnlGn Action:
C Approved
[] Approved w/condftions
[] Dent ed
C Continued to:
UnrD.,t
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Current Fiscal Yr,
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AIIVlrtiMlI:
Date:
Paper: TAMPA TRIBUNE
[] Not Requl red
AH..., Pud..
II Not If I ed
[] Not Required
Fllndlng S.lIm:
[] Capital l~,
[] Operat lng
[] Other
AttI.llmub:
ORDINANCE NO. 5764-95
LOCATION HAP
[] None
-
AJPr.,rlldla Cell.:
o Printed on recycled ~per
Z 94-1 6
Page 2
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
LOCATION CITY OR FUTURE LAND USE
COUNTY PLAN CATEGORY ZONING ACTUAL USE
Subject City Commercial General CN Rental storage facility, vehicle
Property repair, and homeless shelter
North City Commercial General CN Vehicle repair
South City Institutional P/SP Everybody's Tabernacle
East City Commercial General CG Contractor's offices and shop,
sail maker, and safehouse
West City Residential Urban RM-8 Single family residential
ZONING RESTRICTIONS
DESCRIPTION CN CI P/SP
REQUIREMENTS REQUIREMENTS REQUIREMENT
Density 15 u,p.a. max. 24 u,p,a. N/A
Lot Area 10,000 sq. ft. min, 71500 sq, ft. min. 42,560 sq, ft,min.
Lot Width, 100 ft. min. 75 ft. min. 100 ft. min.
Depth 100 ft. min, 100 ft. min. 100 ft, min,
Floor Area Ratio 0.30 max. 0.4 max, 0.65 max.
Bldg, Coverage 30% max. 30% max, 45% max,
Open Space
Lot 30% min. 25% min. 25 % min.
Front Yard 55% min, 50% min. 55% min.
OTHER AGENCY REVIEW
AGENCY
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
YES
NO
X
X
ABBREVIATIONS:
CI
CN
P/SP
u.p,a.
Infill Commercial
Neighborhood Commercial
Publlc/Seml~Public
Residential units per acre
ORDINANCE NO. 5764-95
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
NORTH BETTY LANE AND ENGMAN STREET, CONSISTING OF BLOCK
C LESS LOTS 5 AND 6, FAIRBURN SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1200 THROUGH 1222 NORTH BETTY LANE AND
1209 THROUGH 1223 FAIRBURN AVENUE. FROM NEIGHBORHOOD
COMMERCIAL TO INFILL COMMERCIAL: 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 Ci~y is amended as follows:
Prooertv Zoninq District
Lots 1,2.3.4.7.8.9.10.11 and 12 of From: Neighborhood Commercial
Block C, Fairburn Subdivision. according
to the map or plat thereof recorded in To: Infill Commercial
Plat Book 12, Page 18. public records
of P~nellas County. Florida, (Z94-16)
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,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor.Commissioner
~~.Jt:j:~~o form and legal
ame 1 a K, 1 n
, City Attorney
Attest:
Cynthia E, Goudeau
City Clerk
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Clearwater City Commission
Agenda Cover Memorandum
Item II
Heetlng Dote:
\ I '
~,~. 45
SUBJECT:
Variance to the Sign Regulations;
(0 woer / Appllcant/Rep rese ntative).
650 Mandalay Ave.:
Betty p, Damsker/Beach Break
(SV 95-08)
RECOMM ENDA TION/MOTION:
Approve a variance to permit a freestanding sign with an area of 12.88 square feet, a height of 12.8
feet, and a setback of zero feet from the Mandalay Ave, right of way, in a zone where freestanding signs
are not permitted unless a minimum 1 5 foot building setback exists, on property Identified as Lot 10,
Block 3, Revised Map of Clearwater Beachf for meeting See, 46.24 Standards for Approval, items (1)-
(4), subject to the following condition: By maintaining a sign within the street setback pursuant to this
variance, the owner and applicant agree that no governmental agency shall be liable for the cost of
relocating or removing the sign in the event the property is acquired by eminent domain for road
widening or any other public purpose,
[] and that the appropriate offfcfals be authorfzed to execute same,
BACKGROUND:
The applicant is requesting a variance to permit a freestanding sign with an area of 1 2.88 square feet,
a height of 12,8 feet, and a setback of zero feet from the Mandalay Ave. right of way, in a zone where
freestanding signs are not permitted unless a minimum 15 foot building setback exists.
The subject property is located on the northwest corner of Mandalay Ave. and Idlewild St" and is in the
Beach Commercial zoning district. The variance is requested to permit the existing sign to remain.
Pertinent summary information is listed in the following table.
Ravllw'" ~W:
LegaL
Budget
Purchulng
Rl.k r4gmt,
CIS
ACM
CAT
N/A
IliA
N/A
N/A
~
Orlglnl1lnll Dlpt:
CENTRAL 5STTING
COlli:
tN/A
Total
Comml..101t Action:
o Approved
tJ Approved w/condltlons
o Denied
o Cont fnued to:
Unr Dlpt:
S
Current ffscal Yr,
(r'N
AdnrU..d:
Onto:
Paper: Tampa Tribune
o Not Requl red
A UlaI.d Plrtl..
~ Notified
o Not Requl red
FundIng Souro.:
o ell!)1 tot llt4),
o Operotfng
o Other
Attachmlntl:
APPLICATION
VARIANCE ~RKSHEET
HAPS
o Nono
.....lttIlf ~W:
Cit en~
Approprlltlon Codl:
. 0 Printed on recvclod papor
SV 95~08
Page 2
Information
Existing
Permitted
Type of sign
Freestanding
Area
12,88 sq, ft.
No - because the
existing building
setback is less than
1 5 feet
Yes - if a freestanding
sign is allowed
50 sq. ft, - if a
freestanding sign is
allowed
5 ft,
20 ft, - if a
freestanding sign is
allowed
Location/orientation of sign
Mandalay Ave.
Setback
Height
Oft.
12.8 ft,
Staff Comments/Proposed Conditions:
This small lot (4f350 square feet) is developed with a residential and commercial use mix. Most
of the residential structure is set back 17 feet from the Mandalay Ave. right of way. The
northernmost portion of the structure, however, is positioned approximately four feet from the
right of way.
Freestanding signs are allowed in the Beach Commercial zone only when all buildings on the
property are positioned at least 1 5 feet from the right of way. Because the residence does not
meet this setback condition, the existing freestanding sign is rendered nonconforming and made
subject to the City's sign compliance program, The existing sign has an area of 12.88 square feet,
a height of 12.8 feet, and is without any setback from the Mandalay Ave, right of way. It is
unobstructed to the view of both northbound and southbound traffic. It is used to advertise the
commercial occupancy which is in the southwest corner of the property, fronting on Idlewild St.
The commercial occupancy is positioned back approximately 35 feet from the Mandalay Ave. right
of way.
Staff feels that there are special circumstances applicable to this property that give rise to approval
of this variance. First, the sign is comfortably situated in this front yard; it is not squeezed by
buildings or otherwise crowdod into a tight space. Second, the sign is in scale with the
development of this property; it is modestly proportioned with an area of 12,88 square feet and
a height of 12.8 feet. And third, the portion of the building to which the sign relates lli set back
substantially greater from tho Mandolay Ave. than the minimum 15 feet necessary to allow a
freestanding sign by right.
In closing, staff Is compellod to noto that the hot-pink sign panel doesn't help foster a high quality
Image for Clearwater Boach or tho City. Staff would encourage that the use and affect of such
colors be consldored as a part 0 f tho forthcoming Tropical Seascape Design program.
~ .. ".,
SV 95-08
Page 3
SURROUNDING LAND USES
Direction
Existing Land Uses
North
South
East
West
Apartments
Apartments
Restaurant
Single family residential
This 12.8 foot high, 12.88 ~quare foot sign is in scale with the development in this area. The sign
does not, by virtue of its size, height or setback, divert attention from nearby land uses, Its color,
however, which is not regulated by the City, may serve to divert attention,
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.
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SV 95-08
Page 4
BilJevant Previpus Deci~ions by the, Commission:
FREESTANDING SIGNS IN THE BEACH COMMERCIAL ZONE
ON PROPERTIES WITH BUILDINGS NOT SET BACK 1 5 FEET
,~'CASE:'#" ' , ,ADDRESS' ~'" ' ' , MEETING:; :
" 'NAME VARIANCES
, '. .. , REQUESTED/ACTION DATE' '
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SV 92-49 657 M~ndalay Ave. North Beach 1 freestanding 3/25/93
Motel si nlDenied
SV 92-100 400 East Shore Dr. Sandpiper Motel 1 freestanding 1/24/94
si n/A roved
SV 92-27 411 East Shore Dr, Bay Breeze 1 freestanding 4/27/94
Motel si nlA roved
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VARIANCE WORKSHEET - CASE NUMBER SV 95-08
STANDARDS FOR VARIANCE API'ROVAL
STAFF FINDINOa
(11 Thero oro spoclel clrcumstences lelllted to tile penlc\lle'
physrCIII eUHoundlngo, ehllpll or topographhllll conditione
Oppll08ble to the lend or bundlngo. and ouch clrcumotllnelle
.r. pecuu.r to euch land or buildings and do not apply
genll.ny to tha IIInd or buildIngs In the lIppllcable zoning
dlatrlGt,
TII'" small lot \4.3'60 .qua.. hatllo dll'llaloped with a
r..ldentlal and comma,clol u.. mix, Moot of the reoldontlol
otructure I, eet back 17 ,..t from the Mlndeley Ave. right 0'
way, The northernmo.. portion of tha etructufO. howner. Ie
pOlllloned oPPlulmately 'our ,..t from the right 0' way,
Fre..tllndlng olgno alO allowed In the Beach CommeroJa' lone
only when all bulldlngo on the property a,. pOlltlonad at Ie..t
16 feet from the rIght 0' WilY, Bacllue. the ,..ldlnoe do..
not meat thlo oatbllck conditIon, the .xbltlng f,..obndlng
olgn '0 ulndered nonconforming and mod. .ubJeot to tha
elty'o olgn comphanoe program, The axbltlng e\gn h.. an
111011 0' 12,88 Iqulre flllt, II height of 12,8 ,..t, and Ie
without IIny letbllck from the Mendlllay Av., right of w.y. It
Is unobstructed to the view of both northbound and
southbound tratl1o, 1t Is ulld to advertl.. the commerc\lil
occupancy which b In tho louthwest cOiner of the proplrty.
fronting on Idlowlld St, The commerclol occupllncy ,.
pooltloned bllck IIpproxlmlltely 36 feet from the Mendlllay
Ave, right of WilY,
Stllff feell thllt there 1110 opeclal clroumstoncu appll~ble to
thle property thllt glvII rloll to IIpprovlIl of this vllrlllnclI, Flrot.
thll olgn Is com'ortllbly sltullted In thll front Yllrd; It ItI not
equeozed by bulldlngo or otherwba crowded Into II tlllht
spaco. Socond, ths olgn Is In 1I0111s with thl development 0'
thlo property: It 10 modaltly proportioned wllh IIn ar.. 0'
12,88 squllrs 'ut and e height 0' '2,0 'set, And third, tha
portion of the building to which ths olgn IOlat.O.!! ..t blck
ouboUlOtlally greater from the Mandalay AVII, thlln the
minimum 16 foet nec.uery to ollow a 'r"1tllndlng .1gn by
right,
121 Th. .trlct .ppllcallon 0' the provisIons 0' the code would
dlprlv. tho applicant of the re8l0nllble uoe of the land or
building.,
The existing olgn 10 ruoonablo given tha opeclal
clrcumotancOl dOlcrlblld above,
131 The variance 10 not baaed exclusIvely upon the d..lre for
econllmlo or other moterlal geln by thll applicant or own.,r,
Thll varlanclI requalt appear. to IIItlo'y thlo condition,
l41 Tho V'llntln\J of th. vllrlam:o will be In nalmony with 1ne
Ilene'.' purpolII IInd Intent of the land davelopmant code end
comprlhenslve plan and will not ba materially InJurlouo to
surrounding propertlu or otharwln datrlmantal to the publlll
wel'ar.,
The sllln reguletlono we,e adoptlld whh the Intent of
enhenclng tha vlouol qUllllty 0' ths City'. .treets end
landocapeln ord.,r to protllct the velue 0' propenl.. and tho
well,belng of thll local tourist oriented economy, The
IIrllntlng 0' this varIance appeers to be conolotont with thlo
Intent,
:~, ~
1'SQ.oa
ReceiDtll
CITY OF CLEARWATER
SIGN VARIANCE APPUCAnON
95-08
SV#
PROPERTY OWNER(S) NAME & ADDRESS:
~e"'~ 7, 'i)f\'t1\~ \<~ ~
\
~7>o ~;~\~o.... ~<'\M').
Q.'~o..t u.H\-\\ (l '~\ '\.' )...."'3,0
\
REPRESENTATIVE(S) (if any) NAME & ADDRESS:
JC\1"r\l- t\.S C ~~-Q (L
TELEPHONE: (~\ ~ J L} 't-b ~ l. II..~
TELEPHONE:
, )
ADDRESS OF SUBJECT PROPERTY: ~S C) ~ t).i\ \ o..\G:4 \\~ t\u.e....
\
NAME OF B~SINESS (IF APPUCABlEJ: 1x.. G f''''' 1,f~~\c;
ZONING DISTRICT: L 1> lAND USE ClASSIFlCAnON: ~ \= \-\ LAND AREA: (\, \ ,':\~, p 1
LEGAL DESCRIPTION OF SUBJECT PROPERTY:j..tS\ \0 l'6\~~~ ~ I ~~~\~f\l~\ ~o...~ C\ ~ ~\eCl.(U1L;.\'tQ.. ~L(o.tL..
l.\o..~ 'toOo~ ,\ l(G-'\e. ('~ \>\"'~\\~'> ~~\'>"C\~.l -;\4...
PARCEL NUMBER: ~<" I Qq 1.Js.: Ilb~"'2... I O():, I 0 I ClO (This information
i, IIvailable from your tex receipt or contact Pinellas Co. Property Appraiser's Office at 462~3207. If more than one.
o percel number. ettach B% x " inch sheet)
DESCRIBE SURROUNDING USES OF PROPERTY:
NOrth:~ .
South: ~ l{\S '
VARIANCEIS) REQUEST:
East: ~fi'~(\,\.\ ((\ ~ \
West: S~r-. \)~ ~l'\\,,-\~.,,-\ hl:'>\.uL-
REASON FOR REQUESTING VARIANCE(S): IRefer to Standards for Approval. next page)
-
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CONTINUED ON REVERSE SIDE
STANDARDS FOR APPROVAL: A variance shall not be grented by the City Commission unless the application and
evidence presented clearly support the fOllowing conclusions:
- (1 ) There are special circumstances related to the particular physical surroundings, shape or topographical
conditions applicable to the land or buildings. end such circumstances are peculiar to such lend or buildings
and do not apply generally to the land or buildings In tho appliceble zoning district,
(2) The strict application of the provisions of the code would deprive tho epplicont of the reasonable usa of the
land or buildings.
(3) The variance Is not basod exclusively upon a desire for economic or other material gain by the applicant or
owner.
(4) The granting of the variance will be in harmony with the goneral purpose and intent of the land development
code end comprehensive plan end will not bo materially injurious to surrounding properties or otherwise
detrimental to the public welfare,
~110\~ ,
SIGNATU E OF PROPERTY OWNER l"OR REPRESENTATIVE OR BUSINESS OWNERI
Sworn to end subscribod before me this ZJJo
day of J)rcr.:aV{5(32
A,D.. 19 qLj.
Bt::'fTL1 p, O/1TYlS /L.aL
S'Z.3iS2..1 0 clc::.b C1/7JlJ3
R.; OL ..p;: DS '2.1o Oq as identification, STATE OF FLORIDA, COUNTY OF......PI ~8....LP6.
~~~
, ISllln.,u,.1 . ROBER r A L OLUa\<1
NonnY l'unLIC, STATE OF FLORm....
MY COM~lISS~OTN ~;~~~~ru ~~n~,~iiiP.s.
nOSDl:U 'l"UllU NU ^
by
. who is personally known 10 me and/or has produced
Notary Public. Commission No, ~?i9 '
IName of Notary typed, printed or stamped)
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DESCRIPTIONI Lot 10, l\lock .:', REVISFJ\ MblP OF CLFMIW^TF:R BAF.r.H, a~ recClrcle<l in
Plat ~ok 11, PagB 5, Pinella~ C~unty, Florirla
niE PROPERTY LIES IN floon ZONEA12AS PER r,I,R."'. MAP 1250%-00078
Pinel1as f.ounty, FlodrlaMAP RE\I\SED n/t/R~
lHE SURlJty WAS PREPARED mmoUT 1HE BENEFIT or ^ nItE COMMlll.l(lH IINO IS SUBJECT TO EASEMENTS.
RIGHTS-Of-W,"'" AND SIMILAR MATTERS or TIllE. .
Thl, certlliu thaI ,urvey reprnenled hereon
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Administrative Code,
11115 SURVEY IlOT V,I.l.ID UI~lES~
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SURV['(OR'S SEAL
DATE OF FIELD SURVEY: I 'l. \ 11 \ '1"3-
PARTY CHIEF: John f.olp.y
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SIGN VARIANCE REQUEST
BETTY DAMSKER / BEACH BREAK
PUBLIC HEARING DATE: FEBRUARY 2, 1995
SEC: QQ TWP: 29 S RGE: 1.5. E
CLEARWATER CITY COMMISSION
NAME:
SV # 95-08
ATLAS PAGE: 258A
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Clearwater City Conunission
Agenda Cover Memorandum
Item N
Heeting Date:
r 3 .
~. *(:/.Cf5
SUBJECT:
Land Development Code Amendment - Prohibition of Driveways Across Residential Zones and Revisions
to Infill Commercial District Requiremonts. (LOCA 94-29)
RECOMMENDATION/MOTION:
Approve Land Development Code Amendment prohibiting nonresidential driveway access across
residential zoning boundaries and adjusting the lot area requirements for manufacturing uses in the CI
district and pass Ordinance No. 5720-95 an first reading
[J and that the appropriate officials be authorized to execute same.
BACKGROUND:
As part of the Lakeview Road zoning study, staff recommended a change to our code requirements to
better protect residential uses. This change involves using zoning district lines to restrict property access
in order to protect surrounding residential development. This is described in greater detail below.
In most communities, zoning district boundaries are run along the centerline of roadways. However, in
some communities, a different approach is utilized - residential zoning boundaries are run along one side
of the road right-of-way. This approach allows regulations to be developed that keep nonresidentially
zoned property from being accessed across residential zoning boundaries. For example, a commercial
zone across the street from a residential area might have the commercial zoning boundary located on
one side of the street right-af-way, with the residential zoning boundary including the entire street right-
of-way. With the regulation described above, no access to the commercial property could occur from
the "residentially zoned" street. In communities where it is used, this regulation is qualified by allowing
access to "residential" streets if no other "nonresidential" access is available.
If the City pursued such regulation, and staff recommends that we do, we will need to perform a survey
to determine which streets would ultimately be zoned uresidential streets II and which would be zoned
"nonresidential streets." This is a long range study that should be placed in the Central Permitting work
program for FV 95/96. In the interim, however, this regulation would help with both the small scale
zoning studies currently being prepared.
For the Lakeview Road study area, if the residential zoning boundary was shifted to the north side of the
Dempsey Street right-of-way, and no new nonresidentia,1 driveways were permitted from Dempsey
Street, there would be increased protection for the residential uses on the south side of Dempsey Street.
RnlMIMI lIy:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACH
Other
PM
MIA
MIA
MIA
~A
- 'h (L---:
NIA
Orlglnatlllll Dlpt:
CENTRAL PER ITT1NG
Cllb:
tN/A
Total
Camml..lon Acdan:
o Approved
o Approved w/condi t Ions
o Deni ed
o Continued to:
U.., D.,t
S
Current Fiscal Yr.
AdVlrtltM:
Date:
ri\ Paper: TAMPA TRIBUNE
o Not Requi red
Af1HtH Plrtlel
o Notified
IllI Not Requi red
FuDdIIlll Saurcl:
o Capl tal Irrp.
o Operating
o Other
AttlcMllnb:
ORD INANCE NO. 5720- 95
o None
ApPfJpriltJDn C.dl:
() prInted on recycled paper
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LDCA - CIIRes. Driveways
, , Page 2
As a city like Cloarwater reaches full development, it is important to address the inevitable conflicts
between land uses as available land is used up. This is why, even though many of the !tbig" planning
issues in Clearwater have been resolved, (e.g. where major thoroughfares are, where infrastructure Is
" pla~ed, generalized zoning patterns, etc.) there's still a strong need for careful redevelopment and inflll '
planning in order to minimize these types of land use conflicts. , ,
, We also recommend an adjustment to the lot area requirement for manufacturing uses in the CI district.,
,The current conditional use permit requirement is for a minimum of 30,000 sq. ft. of lot area for this use;
'.i we suggest a reduction to 10,000 sq. ft. ,of lot area.' The conditional use review and approval process
will protect surrounding properties.
"
, , ,Tho Planning'and Zoning and Development Code Adjustment Board comments will be forwarded' in a
';, separate memorandum.
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ORDINANCE NO. 5720-95
I '
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA" RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTION 41.053, CODE OF
ORDINANCES, TO REDUCE THE MINIMUM LOT AREA
REQUIREMENT FOR MANUFACTURING USES IN THE
INFILL COMMERCIAL ZONING DISTRICT; CREATING
SECTION 42.36, CODE OF ORDINANCES, TO PROHIBIT
DRIVEWAY ~CCESS FOR NONRESIDENTIAL USES ACROSS
RESIDENTIAL ZONING DISTRICTS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF T~E
CITY OF CLEARWATER, FLORIDA: I
Section 1. 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 su'pplement the general standards of UDe
identified in section 41.052. No conditional use shall be
authorized unless determined to meet all of the standards
app~icable thereto.
*
*
*
'"
*
(17) Manufacturing uses may be permitted in the infill commercial,
research, development and office park districts upon determination
tha t : '
(a) The hours of operation are compatible with surrounding
" uses.
(b) The volume of traffic generated by the use is compatible
with surrounding uses.
(c) Any noise generated by the use is compatible with
surrounding uses.
(d) In infill commercial districts, a minimum lot 'size of
10.000 3Q,000 square feet shall be provided for this use;
and
(e) The use complies with all of the general standards
contained in subsection (b) this section.
*
*
*
*
*
Section 2. Chapter 42, Code of Ordinances, is amended by the
creation of Section 42.36 to read~
, '
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Sec. 42.36. Nonresidential driveways prohibited acroaa or from,
residentially-zoned areas.
The purpose of this section is to regulate the placement of
driveways serving nonresidential uses so that adjoining or nearby
residential areas are protected from the adverse impacts of
nonresidential property access.
(1) There shall be no driveway access to a nonresidentially-
zoned property across or from a residentially-zoned property unleBs
no other opportunity for driveway access exists.
; (2) In cases where no other driveway access opportunit:iul3
exist, the development code administrator and the traffic engin0f~r
shall determine the most suitable location for the driveway, taking
into account applicable site conditions and the zoning, use and
site design of surrounding properties, in order to minimize the
impact of the driveway on surrounding residentially-zoJll:'.!cl
properties. .
Section 3. The provisions of this ordinance are found and
determined to be consistent with the City of Clearwuler
Comprehensive Plan,'
,Section 4. This ordinance shall take effect immediately upon
adopt.ion.
PASSED ON FIRST READING
'1
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Attest~
. ,
Cynthia E. Goudeau, City Clerk
Appro~ed as to form and
legal sufficiency;
~L
City Att.orney
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ORDINANCE NO. 5721-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING
TO THE STANDARD HOUSING CODE; AMENDING SECTION 49.02 OF
THE CODE OF ORDINANCES AND SECTION 103.2 OF THE STANDARD
HOUSING CODE, 1991 EDITION" RELATING TO UNSAFE
RESIDENTIAL BUILDINGS; REPEALING SECTIONS 49.04 AND
49.05, CODE OF ORDINANCES, RELATING TO NOTICES, PUBLICS
HEARINGS, AND ACTIONS BY THE CITY COMMISSION AFTER PUBLIC
HEARINGS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
,
Section 1. Section 49.02 of the Code of Ordinances, City of
Clearwater, Florida, is hereby amended to read as follows:
Sec. 49.02. Same--Amendments~
,The Standard Housing Code, as adopted in section 49.01, is
amended as follows .J.nd changed :'0 t:tc ::o::c.,..:.::g ::::'c:Jpecto:
11l Section 103.2.1 of the Standard Housina Code is amended to
'read as follows:
103.2.1 Unsafe Residential Buildinas or Structures.
(1) All residential buildinas or structures used as
such which are unsafe. unsanitary. unfit for human
habitation, or not provided with adeauate earess. or
which constitute a fire hazard. or are otherwise
danaerous to human life. or which in relation to existina
use constitute a hazard to safety or health by reason of
inadeauate maintenance. dilapidation. obsolescence. or
abandonment. are considered unsafe buildinas. All such
unsafe buildinas are hereby declared illeaal and shall be
abated by repair and rehabilitation or bv demolition in
accordance with Section 47.161 of the Code of Ordinances.
(2) Any buildinq or structure meetinq one or more
of the followina descriptions shall be deemed to
constitute an unfit or unsafe buildina and a nuisance.
and the owner' of the buildina or structure shall be
required to take corrective action pursuant to the
Standard Housinq Code as amended and adopted bv the City:
(a) Havinq a condition dangerous to the health.
safety or welfare to the occupants. passersby or persons
in contiguous areas because of fire. deterioration.
unsanitary conditions. decay. structural defects.
improper desian. unstable foundation. termites. acts of
God or other causes:
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{b} Lackina illumination. ventilation. or
sanitation facilities adequat~ to orotect the health and
safety of the occu~ants or the public:
{c} Containina conditions constitutina a I1maior
violationl1 as defined by Section 202 of the Standard
Housing Code:
Cd} Requirina repair. where the enforcina official
determines the cost of repair exceeds 50 percent of the
value of the buildina or structure as described in
Section 103.2.4 herein:
'.
(e) Having a condition of uncompleted reoair for
which a buildina permit was issued. where such repair is
not comoleted in substantial conformity with the aporoved
plans and specifications and the buildina oermit has
expired: or
(f) Havina a condition reauirina corrective action
where the owner has failed to comolv with a notice or
notices from the enforcina official. issued and served in
accordance with Sections 103.2.2 and 103.2.3.
~ Section 103.2.2 of the Standard Housina Code is amended to
read as follows:
103.2.2 Notice Required: Content of Notice.
Whenever the enforcina official' determines that
there are reasonable arounds to believe that there has
been a violation of any provision of this Code or of anY
rule or reaulation adopted pursuant thereto. the official
shall aive notice of such alleaed violation to the person
or persons resoonsible therefor and such alleaed
violations shall constitute a nuisance. Such notice
shall:
ill.
Be out in writina:
(2) Include a statement of the reasons why it is
beina issued:
(3) Soecifv the time period within which all
necessary buildina oermits must be secured. work
commenced. and work completed which shall be as follows:
~ For a maior violation. all necessary permits
shall be secured and the work shall be commenced within
ten calendar days or in such time as the enforcina
official shall determine. and shall be completed within
20 calendar days of permit issuance or in such time
,period as the enforcing official mav determine. not to
exceed 120 calendar davs followina permit issuance.
2
b. For a minor violation. all necessary permits
shall be secured and the work shall be commenced within
ten calendar days or in S'.1ch time as the enforcina
official shall determine, and shall be completed within
30 calendar days of oermit issuance or in such time
period as the enforcinq official may determine. not to
exceed 120 calendar davs followinq permit issuance,
~ State that. if such repairs. reconstruction,
alterations, removal or demolition are not voluntarily
completed within the stated time as set forth in the
notice. the enforcinq official shall institute
at:'propriate leqal proceedinqs charqinq the property owner'
with a violation of this Code~
(5) State that the structure mav be boarded UP for
a maximum of 45 calendar days if a defect in the
structure constitutes a maior violation. or otherwise for
a maximum of 60 calendar davs. after which time the
completion of necessary repairs, reconstruction.
alterations. removal, or demolition shall be reauired.
l1L Section 103.2,3 of the Standard Housina Code is amended to
read as follows:
103.2.3 Se~rice of Notice.
'"
Service of notice shall be as follows:
(1) By delivery to the owner personally, or by
leavinq the notice at the usual place of abode of the
owner with a cerson of suitable aqe and discretion: or
(2) By depositina the notice in the United States
Post Office addressed to the owner at his or her last
known address. as determined bv the county property tax
records. with postaqe prepaid thereon: or
(3) By oostina and keepina posted for 24 hours a
COpy of the notice in a conspicuous place on the premises
to be reoaired.
l!l- Section 103.2.4 of the Standard Housinq Code is amended to
read as follows:
103.2.4 Authority of Enforcina Official.
Uoon determininq that a buildina or structure is a
minor violation constitutinq a nuisance. the enforcinq,
official may order the repair or reconstruction of the
buildinq or structure. includina any accessorY structure
havinq a condition which also constitutes a nuisance in
violation of this code. In anv case where the condition
of a buildina or structure is a maior violation. or where
the cost of repair exceeds 50 percent of the value of the
3
buildinq or structure, the enforcinq official may ord~r
the vacation. repair, reconstruction. demolition. or
removal of the buildinq or structure in accordance with
Section 47.161 of the Code of Ordinances and the Standard
Unsafe BuildinG Abatement Code.
For the pur~ose of establishinq whether the cost of
re~air of a buildinG' or structure exceeds 50 oercent of
the value of the buildinG or structure. the value shall
be determined by an MAl appraisal performed within the
precedinq twelve months or. if no such appraisal is
available, the value shall be determined from the mos~
recent assessment roll prepared bv ~he Pinellas County
Progertv Appraiser. The cost of repair of a buildinG or
structure shall mean the total cost of labor. materials
and services, based on current prices.
121 Section 105 of the Standard Housina Code. relatina to
hardships. is deleted,
l.2.L Section 106 of the Standard Housina Code. relatinq to the
Housina Board of Adiustment and Appeals. is deleted and a new
Section 106 is added to read as follows:
Section 106, AP'!?eal of Interpretation of Enforcina
Official: Hearina of Violations bv Municioal Code
Enforcement Board: Procedure Upon Noncomoliance with
Order of Municipal Code Enforcement Board.
106,1 Anpeals to Building/Flood Board of Adiustment
and Appeals.
(1) The buildinq/flood board of adiustment and
aooeals shall have the authority to orovide for
adiustments and anpeals to the Standard Housinq Code. and
shall have the authority to make the final interpretation
of provisions of such Code.
lZl A notice of appeal must be filed by the person
or cersons responsible with the enforcinq official within
10 calendar days from the date of service of ' the notice
of violation under the Standard Housina Code and Section
49.01 of this Code on a form orovided bv the enforcina
official. The notice shall contain at least the
followinq information:
a. Identification of the building or structure
concerned bv street address or leqal description,
b, A statement identifyina the leqal interest of
each appellant in the prooertv.
4
c. A statement identifyina the specific order or
section beinq appealed,
f.
schedule.
refunded.
An apolication fee as det:ermined in the fee
If appellant is successful. the fee will be
(3) The filina of a notice of appeal shall suspend
the time required to secure necessary buildinq oermits
and take corrective action. and the time limits for
~boardina UP the structure. until the board has heard the
appeal and rendered a decision,
(4)
or mailed
violation
date.
A notice of hearinq shall be served personally
in the same manner as required for a notice of
at least 10 calendar days prior to the hearina
(5) Hearinqs before the board shall be conducted
qenerallv in accordance with the orovisiQns of the board
pursuant to Article II of Chapter 47 and the rules of the
board.
(6) The decisions of the board shall be subiect to
iudicial review in the circuit court by common law
certiorari. which must be filed within 30 days of the
board's decision.
106.2 Hearina of Violations bv Municioal Code
Enforcement Board.
11l As an alternative code enforcement remedy. the
Municipal Code Enforcement Board is hereby authorized to
conduct hearings relatina to violations of the Standard
Housina Code. In any case in which the Board finds that
a violation has occurred. the Board may order corrective
action to be taken bv a date certain. which corrective
action may include the repair. imorovement. vacation. or
demolition of the buildinq or structure, and may
otherwise carry out its powers oursuant to Division 9 of
Article III of Chapter 2 of this Code relatina to any
such violations,
l1l.. The hearinq notice shall be serviced oersonally
or mailed as required by Section 2,216 of this Code at
least seven calendar days crior to the hearina date.
5
106.3 Procedure Upon Noncompliance with Order of
the Municipal Code Enforcement Board.
If the person or persons t"esponsible fail within the
time sgecified to comply with the order of the Municipal
Code Enforcement Board issued pursuant to the Standard
Housina Code. then the City. throuqh the enforcinq
official. is authorized to vacate. demolish. or remove.
either' with City forces or by independent contractor
submittinq the lowest and best bid. any such structure.
includinq accessory buildinqs. without further notice to
the cerson or persons responsible. at cost to the person
or persons responsible. the cost of which shall become a
lien on the property until paid. ~
106.4 Deference of Abatement in Certain Cases.
In anY case where the violator 'is an owner and
occupant of the property. and the violator has applied to
the City's Community Development office for a loan to
make the requisite repairs and has been denied such loan.
the City Manaqer may defer abatement of the violation
until such time as the Manacrer may direct.
l2L Section 107 of the Standard Housincr Code. relatincr to appeals.
is deleted.
ill Section 202 of the Standard "Housincr Code is amended as
follows:
-Lll "Abandoned Buildina" as used in the Standard
Housinq Code shall mean a buildincr or structure that is
unoccupied. deserted bv the owner and is left unsecured.
with no efforts being made to secure the buildincr or
structure.
.ill "Abandoned Motor Vehiclell as used in the
Standard Housina code shall have the definition provided
in Section 20.32 of the City Code.
liL- Section 308.3 of the Standard Housina Code is amended to read
as follows:
308.3 Water'Closet. Lavatory and Bath Facilities
At least one flush water closet. lavatorv basin. and
bathtub or shower. properly connected to a water and
sewer system and in aood workina condition. shall be
supplied for each four roams or maximum of eioht oeoole
within a roominq house wherever such facilities are
shared, All such facilities shall be located on the
floor they serve within the buildinq so as to be
reasonably accessible from a common hall or oassaqewav to
all persons sharina such facilities,
6
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llQl Sect~on 308.8 of the Standard ~,Housing Code is amended by
adding Subsection 308.8 to read as follows:
308.8. Definitions.
As'used in this section, "rooming housell shall mean
and include any rooming house, hotel, motel, dormitory,
or lodging house. The provisions of subsection 308.7
aubccationo 308.1 through and including 308.7 of this
code shall apply to every rooming house, hotel, motel,
\ dorm! tory, and lodging house, CJtccpt th.:lt .:l rooming houac
licenoe shall not bc required for a dormitory unloaD
requircd by Florida 1.:1'.1.
"Rooming house license" means the public lodging
license required by F.S. 5' 509.~4l, and issued by the
,Florida Department of Business Regulation, Division of
Hotels and Restaurants.
ll1l Those proyisions of the Standard Housing Code not expressly
amended by this section shall continue in full force and
effect.
Section 2. Sections 49.04 and 49.05, Code of Ordinances, are
repealed.
Section 3. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
January 19. 1995
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Attest: .
Cynthia E. Goudeau, City Clerk
Approved as to form and
l~lt:a:fiCienCY'
Pamela K. Akin, City Attorney
7
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... when you see Geese heading South fOf the winter '"
Rying along in V formation ... you might consider what Sci~ncQ
has discovered as to ~Vhy they Ry that Way:
, ,
As each bird flaps its Wings, it creates an Upl~n for the bird immedialely Following.
By flying in V formation,
the whole Hock adds at least 71 % greater Flying Range
than if each bird Flew on its Own.
People wno share a common direction and sensB of community
can get where they are going more quickly and easily
because they are travelling on thB thrust of one another.
When a goose Falls out of Formation it suddenly feels the Drag and Resistance
01 trying ,to go it alone... and quickly gets back into Forma,ion to take
Advantage of the Lining Power of the bird in front.
If we have as much ~'4nse os a goose,
we win stag in formation with t!lose
Ulho Dre headed the same wag we are.
When the Head Goose gets tired it rotates back into the Wing.
and another goose flies Point.
It ;s sensible to take turn1J doing demanding Jobs wilh people
or with geue Hying SDuth.
Finally... and this important... when Q goose gets sick, or is wounded by gunshots,
and falls out of formation, two other geese (all out with that goose and follow it down
to lend Help and Protection. They stay with the Fallen Goose until it is able to Fly,
or until It Dies,' and only then do thtlY launch out on their own,
or wilh another Formation, to catch up with their Group.
I
If w.lraf1~ the sepse of geese, We wilt stand tOgtlthllT Ilk. thaL
+ soUra unknown +
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Alachua 'County Subslance Abuse Prevention Partnership
,
Santa F~ Community College -> C SAP -> School Board of A/achua County
P-152, 3000 N. w: 83rd Street, GtJin~suille, FL 32601 . (904) 39f5..5914
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1'iS ~ ,-.1-
ORDINANCE NO. 5751-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE DOWNTOWN DEVELOPMENT BOARD: AMENDING
SECTION 2.145, CODE OF ORDINANCES, RELATING TO
FREEHOLDERS I REFERENDA AND ELECTIONS, TO REMOVE THE CITY
CLERK AS THE ELECTION SUPERVISOR AND SPECIFY THAT THE
BOARD USE A~ INDEPENDENT FIRM AS ELECTION SUPERVISOR:
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.145,\Code of Ordinances, is amended to read:
Sec. 2.145. Freeholders I referenda and elections.
Whenever a freeholders I referendum is required or an election of board
members is necessary, such referendum or election shall be conducted as follows:
(1) Election supervisor. For the purposes of conducting freeholders'
referenda and elections, the board shall use an independent firm to city clcrk
shall act as election supervisor and do all things necessary to carry out the
provisions of this section.
(2) Registration from tax assessment rolls. The election supervisor
clcrk of tAt city shall obtain a list of the names and the last known addresses
of the freeholders in the downtown area from the tax assessment rolls of the
county and such list shall constitute the registration list for the purposes of
any freeholders referendum, except as provided in this section.
(3) Notification. Notification of freeholders' referenda and elections
shall be by United States mail and in addition thereby by publication one time
in a newspaper of general circulation.
(4) Voting. Voting shall be as provided in the by-laws of the downtown
development board, which by-laws shall not be inconsistent with the provisions
of this section. Within 30 days after the closing of the registration list, the
election supervisor clcrk shall have a secret and direct ballot of the
freeholders by paper ballot.
(5) ,Certification of election. Within 48 hours after holding the
election, the election supervisor clark shall certify the results thereof to the
downtown development board. Any person voting who has knowledge that he or she
is not a freeholder shall be guilty of perjury and shall be prosecuted and upon
conviction punished in accordance with the provisions of the laws of this state.
(6) Passage of division. The freeholders shall be deemed to have
approved the passage of the measure submitted to the electorate at such time as
the election supervisor clarl( certifies to the downtown development board that
in excess of 50 percent of those voting were in fa~or of the measure. For the
purposes of this division, one vote shall be allowed for each parcel of property.
Where a parce 1 of property is owned by more than one person, the jo int and
several owners of the parcel shall designate a voting representative who shall
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cast one ballot for the parcel. The voting representative shall be designated'
as provided in the by-laws of the board. '
(7) Elections after changing ..of boundaries. Additional freeholders'
elections called after increasing or decreasing the boundaries of the downtown
area in accordance with :;ection 2.144 shall be held in accordance with the
referendum provisions for initial approval of this division~ provided, however,
that no provision of this division shall require the approval of freeholders in
an area wh,ich has previously approved of the provisions of this division by any
referendum held pursuant to this section, unless there is involved a decrease in
the boundaries of the downtown area. "
,(8) Dissolution. The dissolution of the district, the abolition of the
board, and the repeal of this ,division may be requested by a petition of the
freeho.lders representing at least 30 percent of the freeholders in the downtown
area. Upon the receipt of such a petition by the city clerk, the board shall
,consider and decide, whether to take such action by resolution upon compliance
with the requirements of section 189.4043, Florida Statutes.
(9) Cost of elections. The cost of elections to be held under this
division shall be borne by the board.
Section 2. This ordinance shall take effect immediately upon adoption.
I
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form and
legal sufficiency:
Pamela K. Akin
City Attorney
2,
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ORDINANCE NO. 5753-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO DOWNTOWN DEVELOPMENT BOARD; AMENDING SECTION
2.150, POWERS, TO REMOVE THE POWER OF THE BOARD TO
RECEIVE PROCEEDS OF CERTAIN AD VALOREM TAX; REPEALING
SECTION 2.151, WHICH AUTHORIZED THE LEVY OF AD VALOREM
TAX; REPEALING SECTION 2.152, WHICH PROVIDED FOR MILLAGE
LIMITATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater Downtown Development Board (DDB) was established
pursuant to Chapter 70.635, Laws of Florida, as subsequently amended, which was
repealed and made an ordinance of the City by Chapter 77-637, Laws of Florida;
and
WHEREAS, the Community Redevelopment Agency (CRA) of the City was created
in 1982 pursuant to Florida Statues 163.330 et seq.; and
WHEREAS, the CRA and the ODB cover the same boundaries and were established
for similar purposes, which purposes are now being accomplished by the eRA; ana
WHEREAS, since its creation the DOB has collected approximately $2 million
in taxes, the majority of which has been spent on administrative costs without
substantial measurable accomplishment of its purpose of promotion and development
of business in the downtown area: and '
WHEREAS, the DOB has been unnecessary and redundant since the creation of
the Community Redevelopment Agency of the City (eRA) and is at times at cross-
purposes with the CRA: and I
WHEREAS, the City Commission finds it appropriate, desirable and necessary
to remove the taxing powers of the DOS granted by City ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.150, Code of Ordinances, is amended to read:
Sec. 2.150. Powers.
In the performance of the functions vested in or assigned to the board
under section 2.149, the board ;s hereby granted the power to:
(1) Enter into contracts and agreements to accomplish the functions set
forth in section 2.149, and sue and be sued as a body corporate;
(2) Have and use a corporate seal:
(3) Accept grants and donations of any type of property, labor, or other
thing of value from any public or private source;
(4) Receive the ~rocee8s sf the tax impesee ~y this 8ivisi8A~
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'ill +s+ Have exclusive control of funds legally available to it, subject
,to limitations imposed upon it by la~ or by any agreement v~lidly entered into
by it;
ill +e+ Cooperate and enter into agreements with other governmental
agencies or other public bodies, except that nothing in this division shall be
construed as authorization to initiate a federally subsidized urban renewal'
, program and any such urban renewal program is hereby specifically prohibited.
Section 2. Section 2.151, Code of Ordinances, is hereby repealed.
'I
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Section 3. Section 2~152, Code of Ordinances, is hereby repealed.
e ,Section 4. , This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
"
PASSED ON SECOND AND FINAL READING
AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form and
legal sufficiency:
Pamela K. Akin
City Attorney,
, ,
2
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ITEM #
4~ )60.9'
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(8
Clearwater City CommissIon
Agenda Cover Memorandum
;;) O.
Item #
Meeting Date:
;;{.d'CfS
SUBJECT:
GTE of Florida, Inc. Telecommunication Franchise Ordinance and Related Agreements.
RECOM:MENDATIONIMOTION:
Approval of the GTE of Florida, Inc. Telecommunication Franchise Ordinance, Joint Facilities Agreement, and
Pay Coin Agreement for a Term ofTen Years, and pass Ordinance 5757~95 on 1st reading.
and that the appropriate officials be authorized to execute same.
BACKGROUND:
GTE of Florida, Inc. has agreed to abide by the terms of Franchise ordinance 5757~95 and both the Joint
Facilities, and Pay Coin agreements. Municipalities cannot provide residential telecommunication services in
accordance with Florida Statutes. Currently Long Distance providers cannot become local providers. As a
result, local telecommunication services are monopolistic in nature. Many people are of the opinion that within
the next several years both Long Distance providers and Cable providers will be allowed to provide local service.
If the City exercised its option to purchase or assigns its right to purchase GTE facilities within the City, we
would be forced into both costly and lengthy litigation with the company with respect to the purchase price.
Furthermore, the only other major local provider in the state of Florida is Southern Bell, Inc. which has no
additional or better services to offer the City relative to the services provided by GTE.
See the attached Franchise Negotiation Highlights for additional information.
~:ed~~
Budget NI A
Purchasing N/A
Rlak Mgmt, N/A
CIS "f'~
ACM .'.(...... ....
Other . N/A .d'\
It -,
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Originating Dept: t1~/I
Internal Audit .
Il '
Costs:
Tolal
Commlss50n Action:
o Approved
o Approved w/oonditlon.
o Denied
o Continued to:
User Dept:
Ceneral Servlcel
Current FY
FundIng Source:
o Capital Imp.
o Operllllng
o Other
SUbmlll..s~
Clt~
Advertised:
Date:
f!!.pcr:
U Not RequIred
Affected Pllrtle,
D Notified 0 Not Required
Appropriation Code:
AUlcbmenu:
Telccommunlcllllon Ord, 5757.95
Joint f&u:Ultlea Agreement
Pay Coin Agreement
Franchlac U1,lhl1Ilhts
o None
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GTE Florida. Inc.
Franchise NeQotlatlon Highlights
February 2. 1995
1) The Franchise is non exclusive that does not have a non competition clause. If
the City both desires and has the authority to get into the telecommunication
business during the franchise, we will be able to do so.
. 2)' Initial term of franchise is 10 years. Please note that often the conditions of the
franchise are more important than the duration or term. Conditions that stipulate
when a franchise can be renegotiated (time or event driven) are extremely
important. If at any time during the franchise the City has the authority to regulate
video dial tone service, GTE is required to negotiate a Cable franchise ordinance.
Approximately two month's ago the FCC ruled that telecommunication companies
that provide video dial tone through eXisting telecommunication facilities are not
required to have local franchise agreements. In the immediate future, the FCC
. will rule or make a determination regarding whether or not telecommunication
companies must have local franchise agreements for video dial tone services
where additional infrastructure is required in order to provide the service.
. 3) Telecommunication franchise fees for local service is limited by 337.401 (3)
Florida Statutes to 1 % of local recurring revenue, Any additional money, property,
or service required by a local government from a "talco" must be deducted against
the remittance of the 1 % of local recurring revenue per state statute, We have
stipulated in the ordinance that in the event that Florida Statutes are amended to
allow for either a larger percentage or broader base, the City will receive this
additional revenue.
4) Any sale or transfer of GTE Florida, Inc. must be approved by our Board of
Commissioners in order for the franchise to continue,
. 5) Penaltles for Non Performance andler poor service of the franchisee are
stipulated.
6) Reqired permits, GTE notification to the City when WOrking in the right of way, etc.
are all stipulated,
. 7) We are requiring the following stipulation for audJting telecommunication franchise
revenues:
The City may require an audit of GTE's books at a minimum of once every five
1
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years. GTE will reimburse the CitYs audit costs if the audit identifies errors in the
company's franchise revenue base of 5% or more for the period audited. Errors
identified during the audit process shall be projected for any additional time
periods not covered during the audit if there is a reasonable probability these
errors occurred during the unaudited period, Any underpayment of franchise fees
shall be assessed interest of 10% per annum. Both the underpayment of
franchise fees and interest shall be paid within thirty days after receipt of demand
from the City.
.
. 8) GTE, Inc, has agreed to have underground over 90% of all Telecommunication
Facilities. The Company has indicated that currently over 50% of their facilities'
have been constructed underground.
. 9) GTE, Inc must obtain the City's permission (not included in the franchise
ordinance) in order to provide Wireless Communication services (peS system)
through the use of the public right of way. Our City Attorney Is current working on
ordinances that address both wireless communication and private facilities
installed by companies for their own use.
10) The purchase of GTE property for the purpose of getting Into the telecommuni-
cation business is in accordance with the Citts ordinance. We can exercise this
right anytime during the term of the franchise.
. 11) A separate joint facilities agreement has been negotiated that will allow the City
to utilize GTE duct space, poles, and lines free of charge for 10 years. Previously
charges were stipulated for the use of the other parties facilities; however, it
appears that there were no actual charges or payments made during the former
franchise period (impractical).
. 12) A separate Pay Coin agreement has been negotiated with GTE will provide the
City 15% commissions plus 1 % franchise fees and 7% public service tax on local
service revenues for 10 years, The preVious Franchise ordinance required only
10% commissions.
. 13) We have settled the revenue audit with GTE and agreed on $415,000.
. A bullet Indicates that the particular Item Is a new Item relative to the previous
franchise ordinance.
2
ORDINANCE NO. 5757-95
AN ORDINANCE GRANTING TO GTE FLORIDA INCORPORATED, THE PERMISSION
TO OCCUpy MUNICIPAL STREETS AND RIGHTS-OF-WAY IN THE CITY OF
CLEARWATER, FLORIDA, AS A MEANS OF PROVIDING TELECOMMUNICATION
SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE
GRANT OF FRANCHISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
SECTION 1. pindinqs.
(A) The Grantor deems it necessary, desirable and in the interest
of the health, safety and welfare of its citizens to establish by
ordinance a franchise granting the permission to Grantee to occupy
Rights-of-Way in the city of Clearwater, Florida, as a means of
providing telecommunication services.
(B) The Grantee is willing to place and maintain its
Telecommunications Facilities within the city under a franchise
from Grantor, pursuant to Section 362.01 Florida statutes (1993)
and section 337.401 Florida Statues (1993), and Chapter 32, Article
II of the City Clearwater Code.
SECTION 2. Short Title.
This Ordinance shall be known and may be cited as the "GTE Florida
Incorporated Telecommunications Franchise."
SECTION 3. Definitions.
For the purposes of this ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
(A) "cable systems" - A facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and
control equipment that is designed to provide cable service which
includes video programming and which is provided to multiple
subscribers within a community, but such term does not include:
(1) A facility that serves only to re-transmit the
television signals of one or more television broadcast
stations;
(2) A facility that serves only subscribers in one or
more mUltiple-unit dwellings under common ownership,
control, or management, unless such facility or
facilities uses any public rights-of-way;
(3) A facility of a common carrier, except that such
facility shall be considered a cable system to the extent
such facility is used in the transmission of its video
programming directly to subscribers;
(4) Any facilities of any electric utility used solely
for operating its electric facility systems.
(B) "The city" - The city of Clearwater, Florida.
(C) "Emergency" - A reasonably unforeseen occurrence with the
potential to endanger personal safety or health, or cause
substantial damage to property, that calls for immediate action.
(D) "Franchise Areall - That area portion of Grantee's service which
is within the corporate city limits of the Grantor.
(E) "Granteell - GTE Florida Incorporated, its successors and
assigns.
(F) uGrantorU The city of Clearwater, Florida.
(G) "Personll Any person, firm, partnership, association,
corporation, company or organization of any kind.
(H) "Recurring Local Service Revenues" - Subject to the prov1s1ons
of section 6(A), all revenues presently set out, or which in the
future, may represent those presently set out, in the revenue
accounts 5000-5069 as established by the Federal communications
commission for local network revenues in accordance with 47 CFR
Part 32, SUb-part D. such revenues shall also include any
subaccounts as established by Grantee under these account numbers.
(I) "Rights-of-Wayll - All of the public streets, alleys, highways,
waterways, bridges, easements, sidewalks and parks of the city, as
they now exist or may be hereafter constructed, opened, laid out or
extended within the present limits of the City, or in such
territory as may hereafter be added to, consolidated or annexed to
the city.
(J) "Telecommunications Facilities" - All of Grantee's facilities
used in the provision of Telecommunications services.
(K) "Telecommunications Services" - Services which enable the
electronic or electrical transmission, conveyance, routing, or
reception of sounds, signals, data, images, or information through
2
the utilization of wires, cables, radio waves, microwaves,
satellites, fiber optics, or any other method now in existence or
that may be devised.
SECTION 4.
Grant of Authority.
(A) There is hereby granted by Grantor, to Grantee, the right and
privilege to construct, erect, operate, own and maintain, in, upon,
along, across, above, over and under Rights-of-Way now laid out or
dedicated, and all extensions thereof, and additions thereto in the
city, poles, wires, cables, underground conduits, manholes and
other communication fixtures and utility structures necessary or
proper for the maintenance and operation of its Telecommunications
services, provided that all visible portions of the same shall
conform to the National Electrical Code. This Franchise is awarded
subject to all applicable provisions of general or special laws of
Florida and the federal laws and regulations. Grantee and Grantor
acknowledge that Grantee's Telecommunications services business is
subject as a telecommunications common carrier to the requirements
of Chapter 364 Florida statutes (1993) and the Rules and
Regulations of the Florida PUblic Service commission in its
intrastate aspects and to 47 U.S.C. S201 et seq., and the Rules and
Regulations of the Federal Communications Commission in its
interstate aspects.
(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way
for all lawful purposes related to Grantee's Telecommunications
services business. Grantee agrees that it shall not, unless
allowed specifically by applicable state or Federal law, use
Grantor's Rights-of-Way for the operation of a Cable System without
a separate franchise therefor from the city. Grantee also agrees
that without the prior written permission of Grantor, it will not
allow any entity providing a wireless communication system to
acquire rights to occupy Rights-of-Way under this Franchise.
Grantor shall not prevent Grantee from using wireless technology to
provide Telecommunications Services, under applicable ordinances
and regulations. Any other use of Grantor's Rights-of-way by
Grantee, its wholly owned subsidiaries, subcontractors, agents and
authorized representatives for any reason shall require a separate
franchise and is not permitted under this Franchise.
(C) Annexation or Contraction. Grantee agrees that the Franchise
Area may be subject to expansion or reduction by virtue of
Grantor's annexation or contraction of municipal boundaries. If
Grantor approves any Franchise Area expansion or reduction by
annexation, Grantor will provide notice to Grantee. Grantee must
revise its payments due to any expansion or reduction by annexation
within a reasonable time after notice to Grantee, but no later than
sixty (60) days after notice of the effective date of change.
(D) Non Exclusive Use. The right to use and occupy Rights-of-Way
for the purposes herein set forth shall be non-exclusive, and the
3
Grantor reserves the right to grant a similar use of said Rights-
of-Way, to any person at any time during the period of this
Franchise so long as such grant does not materially and adversely
affect Grantee's right to use and occupy Rights-of-Way as
aforesaid.
SECTION 5. Term of Franchise.
(A) The Franchise and rights herein granted shall take effect and
be in force from and after the final passage hereof, as required by
law and upon the filing of an acceptance by Grantee of all the
terms thereof with the Grantor and shall continue in force and
effect for a term of ten (10) years after the effective date of
this franchise. This Franchise may be extended at the sole option
of the Grantor for additional twelve (12) month periods unless the
Grantor notifies the Grantee of termination at the end of the ten
(10) year term. The city may terminate the extension and the
effectiveness of the Franchise at any time after the initial term
hereof.
(B) Provided, however, that the Grantor or Grantee at any time
during the term of this Franchise open applicable terms hereof for
renegotiation if, as a result of legal or regulatory changes on the
Federal or state level:
(1) Grantee's offering of video services over its
Telecommunications Facilities within Grantor's Rights-of-
Way causes such facilities to be subject to Grantor's
municipal franchise authority; or
(2) Grantor requires access to Grantee's video dialtone
service for transmission of Grantee's municipal
governm~nt programming and such access becomes
permissible on a preferential basis to Grantee.
The party seeking to reopen the terms of the Franchise shall
provide written notice of intent to do so to the other party. Upon
receipt of notice to reopen, the party receiving such notice shall
be required to meet with the other party to review the terms
requested and to negotiate in good faith on such terms.
Negotiations on all, reopened terms shall be concluded within a
reasonable period of time, but in any event shall be concluded
within ninety (90) days after commencing. Neither party is excused
from compliance with the Franchise during any period of
renegotiation. If the parties are unable to reach agreement on the
reopened terms, the Franchise may be terminated by the City.
SECTION 6. Payment to Grantor.
(A) The Grantee shall pay to the Grantor monthly as a franchise
fee under this Franchise the sum of one (1%) percent of the monthly
4
.....-J.......~.~ I ~
gross receipts from Recurring Local Service Revenues, as defined in
section 3 (H) of this ordinance, the city of Clearwater Code of
ordinances section 32.034, as prescribed in Section 337.401(3),
Florida statutes, (1993). Should the Florida statutes be modified
to permit a higher percentage or broader base of services to be
subject to franchise fees, or if it is determined that Recurring
Local service Revenues include a broader range of revenue accounts
than described in section (3) (H), the percentage or base specified
in this agreement shall be automatically modified to the maximum
amount permitted by law.
(B) If at any time, the Grantee agrees to pay any municipality or
county in the state of Florida: (a) a greater percentage of the
gross receipts on Recurring Local Service Revenues; or, (b) agrees
to pay the same percentage of gross receipts on Recurring Local
service Revenues upon additional classifications of revenues (as
described in the Federal communications commission's uniform System
of Accounts 47 C.F.R. Part 32), the Grantee shall immediately
notify the Grantor and the Grantor reserves the right to amend this
Franchise to require the Grantee to pay the Grantor such increased
percentage or the same percentage upon the additional
classifications of revenues paid any other Florida municipality or
county. The Grantee's failure to notify Grantor of such additional
payments does not limit Grantor's rights to such additional
payments nor limit Grantee's liability with respect thereto
including interest on late payments outlined in Section G(e).
eC) Payment shall be made to the Grantor for each month no later
than the twentieth (20th) day of the following month. The monthly
payment shall be made by wire transfer. Any monthly payment or any
portion thereof received thirty (30) days or more after the due
date shall be subject to interest at the rate of 12% percent per
annum or the maximum amount allowed by law, whichever is higher,
until all payments are paid in full.
aECT~ON 7. APproval of Transfer.
The rights and privileges granted by this Franchise shall not be
sold, assigned, transferred, leased or pledged in whole or in part
without the express consent of the city commission in accordance
with the city of Clearwater Code of ordinances Section 32.035,
which shall not be unreasonably withheld. No such sale or transfer
shall be effective until the vendee, assignee or lessee has filed
with the Grantor an instrument, duly executed, reciting the fact of
such sale, assignment or lease accepting the terms of the
Franchise, and agreeing to perform all the conditions thereof.
5
SECTION 8. Ordinance violations.
(A) Violations. Any material violation by the Grantee, its
vendee, lessee or successor of the provisions of this Franchise or
any material portions thereof, may cause the Franchise and all
rights hereunder to be terminated and/or penalties to be imposed in
accordance with the city of Clearwater Code of Ordinances section
32.038. After written notice to Grantee of a violation and failure
by Grantee to rectify the violation within a reasonable time,
Grantor may terminate the Franchise and/or assess a penalty. A
reasonable period of time is defined as the period of time required
to rectify a violation assuming that the Grantee has commenced a
good faith effort to rectify such violation but under no
circumstances shall be longer than thirty (30) days unless
violation is due to circumstances beyond Grantee's control such as
an act of God.
(B) Penalties For Non-performance. In the event that certain
events occur, penalties from a minimum of $500 to maximum of $1000
per occurrence may be imposed by the Grantor. Listed below are
certain requirements which, if not met by Grantee, may cause
Grantee to be subject to penalties:
(1) Upon Grantor's undertaking a utilities project and
submission of plans or drawings to Grantee for review and
comment, Grantee shall respond to Grantor no later than
two weeks from the date of receipt of such plans to
comment on the feasibility and compatibility of such
plans with the existing Telecommunications Facilities.
(2) Telecommunications Facilities shall not be installed
or placed without Obtaining all required permits~
(3) Grantee shall obtain Grantor's approval before
Grantee undertakes any project requiring the Closing of
streets or traffic lanes, except during emergency
situations.
(4) Grantee shall obtain permits from Grantor prior to
the trimming and removal of trees.
(5) Grantee shall obtain Grantor's approval before
Grantee has displaced, damaged, or destroyed any sewer or
water main, storm water appurtenance, or other utility
belonging to Grantor.
(6) Grantee shall provide adequate customer service to
Grantor in accordance with Florida statute 364.01 and
Florida public service commission RUles for service
6
standards . Penalties, shall only apply to the extent
deemed appropriate by the Florida Public Service
commission under its existing rules and regulations.
The Grantor shall enforce the foregoing provisions with respect to
the assessment of penalties in accordance with the Florida
Administrative Procedure Act, Chapter 120 of the Florida statutes.
SECTION 9. Grantor Rights in Franchise.
(A) The right is hereby reserved to the Grantor to adopt, in
addition to the provisions herein contained and existing applicable
ordinances, such additional regulations as it shall find necessary
in the exercise of its police power, provided that such
regulations, by ordinance or otherwise, shall be reasonable, and
shall not be in conflict with the laws of the state of Florida or
of the United states or with the lawful regulations of any state or
federal agency possessing the power to regulate the activities of
the Grantee.
(B) The right is hereby reserved to the Grantor to order, in
accordance with all applicable tariff terms, Telecommunications
services offered by Grantee within the Franchise Area, including
any video dialtone services that may be offered by Grantee and that
Grantor may wish to order for municipal government programming.
Nothing herein shall be deemed to the contrary.
SECTION 10. Conditions on street Occupancy.
(A) ~. Telecommunications Facilities erected by the Grantee
within the Franchise Area shall be so located as to cause minimum
interference with the proper use of Rights-of-Way, and to cause
minimum interference with the rights or reasonable convenience of
property owners who adjoin any of the said Rights-of-Way.
(B) Restoration. In case of any disturbance of surface, base or
landscape treatment of Rights-of-Way or damages to Grantor's
structures and facilities caused by the Grantee's operations and
activities, the Grantee shall, at its own cost and expense and in
a manner approved by the Grantor, replace and restore all Rights-
of-Way or Grantor's structures and facilities disturbed, in as good
or better condi tion as before said work was commenced and in
accordance with city Code. However, should the Grantee fa i 1 to
commence restoration after fifteen (15) days notice, in writing, to
said Grantee by the Grantor, the Grantor may make such repair and
restoration and the cost of the same shall be paid by the Grantee.
Grantee shall warrant for one (1) year all work done to repair
Grantor's Rights-of-Way and other property during the term of this
Franchise. Upon detection by Grantee or upon request of the
Grantor, Grantee shall at no cost to the Grantor repair sunken
7
patches, trenches or make other repairs that become necessary
because of excavation or other work done by the Grantee at any time
during the term of the Franchise agreement.
Grantor will set parameters for street cuts and maintenance as
provided in the city Codes. Parameters will also be set for tree
trimming.
(C) Relocation. If at any time during the period of this Franchise,
Grantor shall lawfully elect to alter, or change the grade of any
Rights-of-Way, or alter or move any structure or facility of
Grantor, Grantee, upon reasonable notice by Grantor, shall review,
relay, and relocate its poles, wires, cables, underground conduit
and other Telecommunication Facilities at its own expense.
(D) Placement of Fixtures. Grantee shall not place poles or other
fixtures where the same will interfere with any water hydrant,
water main, or sewage line, reclaimed water lines and hydrants,
traffic signal poles and facilities, storm drains and facilities
and all such poles or other fixtures placed in any Right-of-Way
shall be placed in such a manner as not to interfere with the usual
travel hereon.
eE) Unauthorized Installation. Except in an Emergency, any
conduits, cables or pole lines installed or placed without first
having obtained the permits herein provided for shall be moved
within thirty (30) days after receipt of written notice by Grantor
to remove the same. In default of compliance with such notice, the
conduits, cables, or poles may be removed by order of the
Department of Public Works of the City and the cost of removal
shall be borne and paid by the Grantee.
(F) Temporary Removal of Wire for Building Moving. Grantee shall,
on the request of any person holding a building permit issued by
Grantor, temporarily raise or lower its wires to permit the moving
of buildings. The expense of such temporary removal, raising or
lowering of wires shall be paid by the person requesting the same,
and Grantee shall have the authority to require such payment in
advance. Grantee shall be given notice of not less than forty-eight
(48) hours to arrange for such temporary wire changes.
(G) Tree Trimming. Grantee shall have the authority to trim trees
upon and overhanging Rights-of-Way of Grantor so as to prevent the
branches of such trees from coming in contact with the wires and
cables of Grantee, all trimming to be done pursuant to governing
laws and at the expense of Grantee.
(H) Underground Facilities. (1) All existing underground cable
shall remain underground when repaired, replaced, extended or
upgraded, when practical. Consistent with good engineering
practices and economic feasibility, future construction shall be
underground. Undergrounding of utilities along the Rights-of-Way
8
that abut development which utilize a large volume of utilities may
occur in coordination with "existing deficiencies" classified by
Grantor.
(2) Replacement poles, underground cables or other
Telecommunications Facilities shall be placed between the property
line and the curb line of all streets and avenues and shall not be
within the roadway recovery area. New underground cables, when it
is practicable to do so, shall have consistent alignment parallel
with the edge of pavement, a thirty-six inch (36") depth of cover
for the paved portion of roadways, a twenty-four inch (24") to
thirty inch (30") depth of cover in all areas except the paved
portion of roadways, and shall have a two (2) foot horizontal
clearance from other underground utilities and their appurtenance.
The lowest wire on any poles placed in any Right-of-Way used by
vehicle traffic shall not be less than eighteen (18) feet from the
,ground and, whenever Grantee's wires and electric power wires cross
each other, wires shall cross and be maintained in accordance with
the National Electrical Code.
(3) Within six (6) months of the effective date of this Franchise,
the Grantee shall present a facilities plan, which shall: (i)
include a construction schedule; (ii) be coordinated with the
Grantor's construction programs to minimize impact on the motoring
publici (iii) be in compliance with section lOCH) of this Franchise
Ordinance; and (iv) be acceptable to the city's Director of the
Department of Public Works. The goal of the plan shall be the
undergrounding of the Grantee's aerial facilities consistent with
good engineering practices and economic feasibility within ten (10)
years from the effective date of this Ordinance. The Grantee shall
within ten (10) years of the effective date of this Franchise, have
over 90 percent of all the Telecommunications Facilities
underground.
(4) The Grantee shall provide the Grantor with records of its
underground installation, on as built field ties, (horizontal and
vertical) or on drawings provided by the Grantor within thirty (30)
days of the Grantor's request for such information.
(5) Grantor agrees to be a member of the one-call toll-free
telephone notification system prescribed pursuant to Chapter 556 of
the Florida statutes (1993).
(I) Permits. No work shall be performed by Grantee, its
subcontractors, contractors, agents or authorized representatives
to install, locate, relocate or maintain Grantee I s
Telecommunications Facilities in, upon, along, across, above, over
or under the Rights-of-Way now laid out or dedicated, and all
extensions thereof, without ,first obtaining a proper permit for
such work from Grantor. To the extent required by law, Grantee and
each of its subcontractors, contractors, agents or authorized
representatives must be licensed to perform their service in the
9
Franchise Area. Grantee assumes all responsibility for applicable
permit(s), their requirements and conditions, including
notification for inspection purposes, and conformance to Grantor
specifications. Grantee assumes responsibility for licensing fees
and any fines or penalties resulting from the failure of Grantee,
its subcontractors, contractors, agents or authorized
representative's to comply with this section of the Franchise
agreement. To the extent allowed by law, all licensing fees are
applicable to Grantee.
(J) Ri9ht-of-Way not warranted. Grantor does not warrant any right,
title or interest of any Rights-of-Way in existence or hereafter
acquired, used by Grantee or as may be used by Grantee in the
future.
(K) utility Projects. Upon Grantor1s undertaking a utilities
project and sUbmission of plans or drawings to Grantee for review
and comment, Grantee shall respond to Grantor no later than thirty
(30) days from the date of receipt of such plans to comment on the
feasibility and compatibility of such plans with the existing
Telecommunications Facilities.
(L) Inspection. The Grantor shall have the right to inspect all
construction and installation work to insure compliance with
governing ordinances.
SECTION 11. Governing Law and Venue.
(A) Grantee shall, at all times during the life of this Franchise,
be subject to all lawful exercise of the pOlice power by Grantor,
and to such regulation as Grantor shall hereafter by resolution or
ordinance provide.
(B) The rights and privileges granted to Grantee by this Franchise
shall at all times be subordinate and inferior to the rights of the
public in and to the ordinary use of Grantarls rights-of-way and
nothing in this Franchise shall be considered as a surrender by
Grantor of its right and power to use and relocate the use of its
Rights-of-Way.
(C) The Franchise and rights herein granted are subject to the
provisions of the existing Federal laws and laws of the state of
Florida and those hereafter enacted pertaining to the granting of
this Franchise and to the existing ordinances and provisions of the
Charter of Grantor and those hereafter enacted pertaining to the
granting of franchises.
(D) Venue. In the event that any legal proceeding is brought to
enforce the terms of this franchise, the same shall be brought in
pinellas County, Florida.
10
SECTION 12. Grantee Liability -- Indemnification.
(A) The Grantee shall indemnify and hold the Grantor and its
officers, directors, agents, servants, employees, successors, and
assigns harmless of and from any and all claims for personal
inj ury , death or property damage, any other losses, damages,
charges or expenses, including attorneys fees, witness fees, court
costs and the reasonable value of any services rendered by any
officer or employee of the Grantor, and any orders, judgments or
decrees which may be entered, which arise or are alleged to have
arisen out of, in connection with, or attributable to, the
Grantee's activities under this Franchise and the placement,
repair, relocation or removal by the Grantee of any portion of the
Telecommunications Facilities. The Grantee shall undertake at its
own expense the defense of any action which may be brought against
the Grantor city for damages, injunctive relief or for any other
cause of action arising or alleged to have arisen out of, in
connection with or attributable to, the foregoing and, in the event
any final judgment therein should be rendered against the Grantor
resulting from the foregoing, the Grantee shall promptly pay the
final judgment together with all costs relating thereto; the
Grantee being allowed, however, an appeal or appeals to the
appropriate court or courts from the judgment rendered in any such
suit or action upon the filing of such supersedeas bond as shall be
required to prevent levy or judgment against the Grantor during
such appeal or appeals. Grantor shall notify Grantee's
representative in city within thirty (30) days after presentation
of any claim or demand, either by suit or otherwise, made against
Grantor on account of any neglect, default or misconduct, as
aforesaid on the part of Grantee.
(B) Grantee shall reimburse Grantor for damages which Grantee, or
its representative, negligently or willfully causes to any of
Grantor's water lines, sewers and traffic light controls resulting
from the actions of Grantee, or its representatives, in the
construction, operation or maintenance of its facilities in the
Franchise Area.
(C) Insurance. Grantee shall maintain, and by its acceptance of
this Franchise specifically agrees that it will maintain throughout
the terms of this FranChise, liability insurance insuring the
Grantor and Grantee with regard to all damages set forth in
Paragraph 12(A) in the minimum amounts of:
(a)
$1,000,000 for bodily injury or death to a
person, within the limit; $3,000,000 for
bodily injury or death resulting from anyone
accident.
(b)
$50,000 for property damage resulting from any
one accident.
11
(c) $1,000,000 for all other types of liability.
(D) The certificate of Insurance reflecting the above coverages and
limits of liability, with Grantor named as an additional insured,
shall be filed with and approved by the City Commission, and such
proof of insurance shall be filed and maintained with the city
Clerk during the term of this Franchise.
SECTXON 13. Severability.
Should any section or provision of this Franchise Ordinance or any
portion thereof be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the
remainder, as a whole or any part thereof, other than the part
declared to be invalid. In the event of any such partial
invalidity, the Grantor and Grantee shall meet and negotiate in
good faith to obtain a replacement provision that is in compliance
with the judicial authority's decision.
SECTION 14. Records and Reports.
The following records and reports shall be filed with or available
to or from Grantor:
(A) Grantee Rules and Regulations. Copies of such rules,
regulations, terms and conditions adopted by Grantee that relate to
Grantee's use of Grantor's Right-of-Way shall be available upon
request by Grantor.
(B) Annual Report. Grantee shall annually submit to Grantor a copy
of its published Annual Report upon request by Grantor.
ee) Accounting. The Grantee will attach to each payment a statement
of its annual Recurring Local Service Revenues by revenue account
category for the period on which such payment is based, signed by
an authorized representative of the Grantee, in such reasonable
form and detail as Grantor may from time to time prescribe,
sufficient to show the source and method of computation of said
revenues. The acceptance of any statement or payment shall not
estop the Grantor from asserting that the amount paid is not the
amount due or from recovering any deficit by any lawful proceeding,
inclUding interest to be applied at a rate equal to that provided
by statute for circuit court judgments.
(D) Availability of Records. Grantee shall supply all accounts and
records of the Grantee and/or all such information that the Grantor
or its representatives may from time to time request or require.
Such financial records as are required under this agreement hereof
shall be kept and maintained in accordance with generally accepted
accounting principles. All of the said records shall, on written
request of Grantor, be open for examination and audit by Grantor
12
and Grantor's External Auditors and their staff during ordinary
business hours, in the Clearwater Area Office of Grantee and such
records shall be retained by Grantee for a minimum of five (5)
years.
In the event the Reports are not made available to Grantor at
Grantee's principal office in the City of Clearwater, Grantee shall
reimburse Grantor for the reasonable travel expense of Grantor's
representative resulting from said representative's travel to the
location where the reports are maintained.
(E) Records and Reports - Audit. Grantor may require an audit of
Grantee's books at Grantor's expense once every five (5) years
during the term of this Ordinance. In the event any such audit
identifies a 5% or greater error on Grantee's part in failing to
report the franchise revenue base for the audit period, Grantee
agrees to reimburse Grantor for its reasonable audit costs.
Provided, however, that such costs shall not have been incurred by
Grantor as a result of any contingency fee arrangement between
Grantor and any third party auditor, that any such auditor shall
meet all legal qualifications to perform such audit, and that
Grantee shall have the right upon request, to review the contract
between Grantor and any such auditor to confirm the foregoing. In
the further event, the audit identifies errors which will require
time for correction, such errors may be projected into the future
for a reasonable period of time to allow Grantee to correct same.
At the time of correction of the error(s), a true-up or comparison
of the amounts paid as a result of any projections shall be made
and if such true-up results in the Grant~e overpaying its franchise
fee, Grantor shall reimburse Grantee for said amount including
interest at the rate of 10% per annum. If such true-up results in
the Grantee underpaying its franchise fee, Grantee shall pay said
amount including interest at 10% per annum. Any underpayment or
overpayment as provided herein shall be paid within thirty (30)
days after receipt of any demand or invoice from Grantor or
Grantee.
(F) underground Installation Records. Grantee shall provide
Grantor with records of its underground installation, on as built
field ties, (horizontal and vertical) or on drawings provided by
Grantor within thirty (30) days of Grantor's request for such
information.
SECTION 15. compliance with Law.
Grantee shall maintain and operate its Telecommunications
Facilities and render efficient service in accordance with the
rules and regulations as are, or may be, set forth by the Public
service commission of the state of Florida.
13
SECTION 16. Local Presence.
Grantee shall maintain a business office or authorized agents or
locations within the City which shall be open during normal
business hours for the purpose of accepting payments of telephone
bills and receiving customer inquiries.
SECTION 17. Grantor's Authority.
(A) Nothing in this ordinance shall prevent Grantor from levying
and collecting any other taxes or fees as Grantor may from time to
time be empowered, by law, to levy and collect. Such taxes and
fees are not considered part of the franchise fees.
(B) Grantee shall not be excused from complying with any of the
terms and conditions of this Franchise by any failure of the
Grantor, upon anyone or more occasions, to require Grantee's
performance or compliance with anyone or more of such terms or
conditions.
(e) Purchase of Grantee's Property. In the event the City shall
seek to acquire the property rights of the utility as well as any
extensions thereof within and without the city, used in or useful
in or connected with such utility and the extensions thereof, all
grants or renewals shall at once terminate in accordance with the
city of Clearwater Code of Ordinances Section 32.034 (2) . The
purchase price of said property will be determined by negotiation
between the parties. In the event the parties are unable to agree
on the value, the parties hereby agree to submit the matter to an
arbitration board of three members for determination. Each party
shall have the right to appoint one member and the two members so
appointed shall select the third member of the board. If either
party does not wish to abide by the findings of the arbitration
board, in that event the parties may disregard the arbitration
findings and exercise any other legal rights they may have,
including condemnation proceedings.
SECTION 18. ordinances in Conflict.
Notwithstanding anything contained in this Franchise Ordinance to
the contrary, in the event that (1) this Franchise or any part
hereof, (2) any procedure provided in the Franchise or (3) any
compensation due Grantor under this Franchise ordinance, becomes,
or is declared or determined by final judicial authority exercising
its jurisdiction to be excessive, unenforceable, void, unlawful, in
whole or in part, Grantee and Grantor shall meet and negotiate in
good faith to obtain a new franchise that is in compliance with the
authority's decision or enactment; and, unless explicitly
prohibited, the new franchise shall provide Grantor with a level of
compensation comparable to that set forth in this Franchise.
14
i-IC
SECTION 19. Agoeptanoe.
Grantee shall signify its acceptance of the Franchise terms in
writing prior to City Commission's approval of this Ordinance by
filing such written acceptance with the city Clerk.
SECTION 20. Attorney's Fees and ExPenses.
Except as otherwise provided for herein, Grantor and Grantee hereto
agree that if litigation becomes necessary to enforce any of the
obligations, terms and conditions of this Franchise, the prevailing
party shall be entitled to recover a reasonable amount of
attorney's fees and court costs, including fees and costs on
appeal, from the non-prevailing party.
SECTION 21. Notices.
Except in exigent circumstances, all notices by either Grantor or
Grantee to the other shall be made by either depositing such notice
in the united states Mail, Certified Mail return receipt requested
or by facsimile. Any notice served by certified mail return receipt
shall be deemed delivered five (5) days after the date of such
deposit in the certified United states mail unless otherwise
provided. Any notice given by facsimile, is deemed received by next
Business Day. tlBusiness Daytl for purposes of this section shall
mean Monday through Friday, with Saturday, Sunday and Grantor and
Grantee observed holidays excepted. All notices shall be addressed
as follows:
To Grantor:
Ms. Elizabeth Deptula
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34618-4748
To Grantee:
Donald W. McLeod
VP-Regulatory & Governmental Affairs
Eastern Regions
GTE Florida Incorporated
P. O. Box 110
FLTC0006
Tampa, Florida 33601
"
Notice shall be given as required by this Franchise and for all
other Emergencies. Notice shall be provided to the above-named
15
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addressees unless directed otherwise in writing by Grantor or
Grantee.'
SECTION 24. Non-waiver Provision.
The failure of either party to insist in anyone or more instances
upon 'the strict performance of anyone or more of the terms or
provisions of this Franchise, shall not be construed as a waiver or
relinquishment for the future of any such term or provision, and
the same shall continue in full force and effect. No waiver or
relinquishment shall be deemed to have been made by either party
unless said waiver or relinquishment is in writing ,and signed by
the parties.
SECTION 25. Effective Date.
;'
.
This ordinance shall take effect immediately upon adoption.
, PASSED ON FffiST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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Rita Garvey, Mayor-Commissioner
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Attest:
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Cynthia E. Goudeau, City Clerk
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Approved as to form and
legal sufficiency:
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Pamela K. Akin, City Attorney
16
FACILITIES AGREEMENT
THIS FACILITIES AGREEMENT made as of the _ day of ; 1995, between GENERAL
TELEPHONE COMPANY OF FLORIDA, hereinafter referred to as the "Company," fl corporation of the State of
Florida~ baving its principal office at 610 Morgan Street; Tampa, Florida, and the CITY OF CLEARWATER, hereinafter
referred to at the "City" a municipal cOIpOration of the State of Florida, having its principal office at City Hall,
Clearwater, Florida.
WHEREAS, the parties hereto in some instances are presently using, and in the future desire and propose to use,
the facilities of each other as follows:
1. The placement ofthe City Facilities in a joint trench with the Company.
2. The attaclunent of the City facilities to poles of the Company or of the City.
3. The placement of the City facilities in the Company cable ducts; and
WHEREAS tho Company is willing to pennit, Co the extent it may lawfully do so; the use of its trenches, poles RDd
cablo ducts to, accommodate tho City facilities where; in its judgement, such use will not interfere with its own service
~ or , as it may be advised, the service requirements of other joint users, including considerations of economy
and safety; provided, however, that access by the City to the WJderground facilities of the Company shall be only upon
tho prior approval of the Company: and provided that, once installed, the facilities will not be removed or relocated
without sufficient notification to Che City, with due regard to che City's obligation to provide continued service.
WHEREAS, \he City is willing to pennit, to the extent it may lawfully do so, the use of its poles to accommodate the
Company facilities where, in its judgment, such use will not interfere with its own service requirements or, lIS it may be
advised, the service requirement of other joint users, including considerations of economy and safety,
NOW, THEREFORE, in consideration of mutual covenants, tenns and conditions conlained herein, the parties hereto
mutually covenant and agree as follows:
1. a. During the tenn of this Agreement, the Company slulll give the City at least three (3) weeks prior
notfficalioo, through each of the fonowing department heads; Director of Public Works, Attention: Traffic Engineer; Fire
Chief and Police Chief. each and every time OK! Compmy intends to open a trench for the insInUation of cables or conduit
within the City limits of the City, as said limits now are fixed or IllRY be fixed in the future.
b, Upon said notification; tho City nulY, within one week, nOlify the Company that it de~ires to place cables
or conduit in such trench, 111t' COl11pMY shall tlll:n.'upon determine the cost of makins sllch placl.lment and shall 80 infoml
tbo City. 1110 City shall review this cost and notify till'! Company of ilflllCcllptlll\Ce or rlljcctiol\ Ilrior to thll datll set for
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1M commencement of the work. The City may elect to install the cable or conduit with its own forces. The ownership
of any cable or conduit installed for or by the City shall be and remain with the City.
c. Thereafter; the City shall have the right to maintain said cable or conduits and upon prior reasonable
notification to the Compnny, shall have access at all proper times to the trenches; manholes, or other openings of the
, Company for such pll'pt'sc, 1be COlllJlBDY may provide, without cost to the City, its representatives to be present during
the time the City is in the act of sucb maintenance.
d. The Company shall charge the City no rental for use of trenches and cable duct space 88 contemplated
berein.
2. Application for pole attachments, the removal thereof and the use of cable ducts is to be made using the
appropriate fonns designated as Exhibits A, B and C which are attached hereto nod made a part hereof.
3. Because it bas been detennined that joint use is taking place upon an approximate equal number of City and
company poles; no charge shall be imposed by either party of this Agreement for sucb use except in the case of a City
operated electric utility; access to electri utility poles will be subject to a separate agreement. As both parties are utilizing
one another's facilities; the consideration under this Agreement shall be the right to use one another's facilities to the
extent that such use by one party does not disadvantage the other.
4, All work by either puty shall be in accordance wilh the "National Electrical Safety Code" in its present fonn
or 88 subsequently revised; amended or superseded; and shall meet the Company standards and be perfonned under the
direction of its Area Engineering and Construction Manager at no cost to the City for such direction. It is agreed and
understood that Company permission for the placement of City facililies in the Company trenches, cable ducts, and on
poles; sba11 be dependent upon availability of space; with due reganlto the company's present and future requirements.
S. Failure on the part of either party to meet commitments may result in the forfeiture of rights to utiliz.e a
specific facility.
6. A put)' shall iOOemnify and bold bannless the other party from and against any and alllos8; claims, demand,
damage. expense, suit or judgment for death, pen;onal injury or property dwnage; resulling from the sole negligence of
that perty or its officers; agenls or employees and occurring or arising in the course of tbe joint occupancy of facilities
as aforesaid. With the exception that the City of Clearwater shall not be liable beyond the limitations and restrictions in
the Sovereign Inununity Statuto F.S, 768.28,
7, Any noci~ provided in this Agreement to be given by either JlRrty to the olher shall bu deemed to lu\Vo been
duly aiven when made in writing IUXl deposite<.l in the Unitoo Stlltes nu\i1, postage rreJlllid. addrl,l!500 as follows:
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City of Clearwater
City Hall'
, Clearwater, Florida 33516
Oeneral'Telephono ComPany
201 N. Franklin Street
Tampa, Florida 33602
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8; . This Agreementlhall run concurrentlywilh. and be part of, the
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~~o eote~ pursuant to Onlinance No.,_. of the City, dated
the oxpiiation'of said franchiso agreement,
franchise agreement into which the parties
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Ordinanco No.' 5757-95 I it is ~el'ltood and agreed that the tenDs and cOI~litions of the said Onlinance shaU prevail,
, conlrol, uxl be paramount to this Agreement.
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firat above written.
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ATI'EST:
GENERAL TELEPHONE COMPANY
OF FLORIDA
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CITY OF CLEARWATER, FLORIDA
(SEAL)"
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Countersigned:
City Attorney
M~yor-Commi&&ioner
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EXlDBIT A
No.
APPLICATION - POLE ATrACHMENTS
In .c~ordanCc with the tenns of the Franchise Ordinance and FacUities Ag~men~ bet~een the City' ~f'
, Clearwater IUX1 GTE of Florida, Inc. dated , we bereby request permission to place and '
, , ..~.m certain facilities upon certain polos, aU as more particularly descnbed and delineated on the sketch ROd diagram
attached hereto and made a part bereof.
SKETCH AND DIAGRAM
,(Include data as to pole locations, polo numbers and kind and position of equipment sufficient to descn'be the
ecpipment and ita proposed location, on ~ch pole., Note whether rearrangement and changes are required of eiiher the'
owner.! facilities or other joint users' facilities.)
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Dated:
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Applicant
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Page 1
No.
Permiuion ill hereby granted to place the descn'bed equipment on the identified poles, all as set forth in the
sketch and diagram attached hereto, subject to torms and conditioIlS of the above-mentioned Agreement and subject to
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paying the cost of the changes ~ rearrangements detail~ on the attached sheet, estimated to be $
_, .InstAllation of said equipment 011 said pole(s) shall be completed within ( ) days from the date
hereof. failing which, the permission hereby granted shall automatically be revoked.
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Page 3
No.
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BlR OWNER'S USE ONLY
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Effective Date
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Total Contracts
To Date
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Including This
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EXlUBIT B' J
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No. .
NonCE OF REMOVAL OF FACILITIES FROM POLES
'In .ccordanc~ With the terms of the Franchise Ordinance and Facilities Agreement between the City of
,Clearwater and,OTE of Florld&, Inc. dated , you are hereby notified that on
, we removed attachment.to your poles, all as more particularly described ~ delineated on the sketch
',and diagtani appearing belowand/or attached bereto and made a part hereof.
Dated:
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EXHIBIT D,
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F~R OWNER'S USE ONLY
Effective Dato
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EXlDBIT C
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APPLICATION - CABLE DUCTS
, AppUcad. CITY OF CLEARWATER. ~ ~ permission from O~ TELEPHONE COMPANY
t OF FLORIDA to> Ute cable ducta wbicb aro available. or can be mad., available. in acconlance with the terms of tho
Franchise Ordinance and Facilities Agreement dated . to home equipment of the City of
C~ described mJ delineated in the sketch and dillgram shown hereon or attached hereto arid made a piut hereof.
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SKETCH AND DIAGRAM
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(Include data u to &treda, priv. property. buildings, and kind and position of facility sufficient to descnbe the
facility ad ita proposed location. Each application will be limited to a continuous segment of cable and branches
of combined length not to exceed 2,000 feet.)
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EXlDBIT C
Page 2
No.
Geoend Telephone Company of Florida hereby grants the City of Clearwater pennission to use the cable ducts
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U ,ad forth in the sketcl1, and diagram of ~ City of CleArwater attached heret~. Pennission is subject to the terms of the
abovo-mentioned agreement and subject to completion of equipment installations. nus pennit does not constitute a
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l'OIorvation of said ducts for a period extending more tban one hundred and eighty (180) days beyond the pennis~ion.
granted date.
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Estimated Cost of City of
ClearwAter
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Pennission granti:d:
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,General Telephone Company' of Florida is hereby authorized to make the above-mentioned clw1ges 'and
~eoierita Il~ tho 8010 expense of the City of Clearwater, estimated to cost $ "
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Notice is hereby given that equipment of the City of Clearwater was placed in the conduit as authorized by this
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CABLE DUCTS - RENTAL FEES
(As of June 1, 1977)
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Occupied space is 33, 282 feet at $,025 per foot
$ , 832.05
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This Agreement is Made on
Between
GTE FLORIDA INCORPORATED
CITY OF CLEARWATER
201 N. Fmnklln Stntt
and
111 S. Oscelo Avenue
Tampa, Florida 33602
(SubteqllClllly refemd to u GTE)
Clearwater, Florida 34618-4748
(Iubsequently referred to .. City)
For provi5ioo of Public Telepbone Service at the location set forth in Exluoit A to this Agreement (subsequently referred
to as the Premises).
GTE will pay the City tbe following commission:
Fifteen percent (15 %) of sent paid local coin-aoo.-oox revelUJes ard fifteen percent (15 %) of sent paid credit card intra-lata
toU revenues generated by tbe GTE public telephones installed on the Premises,
1. Bafllc A~ment - The City grants GTE the non-exclusive right to install and operate public telephones at the
Premises, and GTE agrees to provide such service.
2. ram - This Agreement is for an initial tenn of ten (10) years from the above date, The City or GTE may elect
to open tenDJ of this agreemem for renegotiation at inervals of three (3) years from the effective date of the contract until
terminated wxJer the procedurea set out in Paragraph 13 of Ous Agreement.
3. Commission - GTE will pay tbe City the commission set out on the first pago of this Agreement on a monthly
basis for all phones that qualil)r for a commission, with commission checks mailed no later than forty-five (45) days after
the end of the month.
4, Inc;tnllation - GTE will supply and install public telephones, along with such telephone enclosures, protective
bumper posts, identifying signs and related equipment as are necessary for efficient and lIafe use of the telephones at
locations on thQ Premises which are l1l1tUa1ly acceptable to GTE and the City. Dates for installation and conunencement
of servico will be as mutually agreed, Installation work will be accomplished in acconlance with applicable codes,
ordinances am regulations. The type of enclosure, signage and related equipment are subject to approval by the city and
to provisions ohny applicable ordinances of the City. All telephones, enclosures and related equipment supplied and
installed by GTE shall ranain GTE's property, ani GTE shall be respon~ible for any loss or damage to such items oxcept
u are causod by City's negligence or willful misconduct, Telephones installed at a later date on the Premises shall be
included under tho tenns of this Agreement,
S. Telephone Service'l-l1le telephones will provide a full range of services and Rccess, to include use of both coins
and telephone company calling canis. GTE will select new features and options to be provided IlS they become nvailable.
5.1. 911 Emerllency CnlLfl - To the extent not otherwise required by statute, rule, regulation or order of the Public
Service Conunission, the Grantee shall make no charge during the tenn of this franchise for calls mado from any of its
telephone within tho Franchise Area for the sole purpose of giving police or fire alanns and reports, provided that such
calls are made to telephone numbers designated by the Grantee.
6. Operation and Maintenance - GTE will maintain tho telephones and reJllted equipment in good opemting
corxlition, respond to repair calls within 24 hours of notification by the City OlOlidays and weekends excepted), answer
customer inquiries, provide refunds to callers and operate the service in compliancl.l wilh Ill! applicable tariffs and
rClllulationl. The City lihall exercise its best efforts to maintain the area around thll ltllllphonllll, providl.l unobstructed
plblic MCCes8 to the tlllephones during nonnal Premises business hours, notl\lIow conntlCtion of equipment or extension
phones to the telephones or tho telephone lines except as authorized by GTE, and notify aTE of any service p.'Oblem.
GTE agrees to give priority response to repair calls involving a bank oftclephones on the Premises.
7. Moves and Chanllts . GTE may relocate or remClve any telephone which: (1) does not produce minimum
revenuOl to support continued opemtlon in accordance with GTE's guidelines; or, (2) has, in GTE's judgment, been
excelllively damaged through vandalism or misuse; or, (3) City or any other appropriate govenunent agency requestll
removal; or, (4) the parties mutually agree to relocate or remove, Notwithstanding the foregoing, GTE shaU not relocale
or remove MY telephone, the location of which, as determined by the City, is necessary in the interest of public' safety
or tho public good.
8. Removal ofTele~nes - Upon tennination of this Agreement, either in whole or in part with respect to individual
telephones Of Premi!Cll Ioddrealle8, GTE wiu at its e~pense remove the items installed by GTE and return the Premises
to a reasonably restored and safe condition, Donnal wear and tear excepted.
9. Non-exc1usivit,y - The City grants to GTE the non-exclusive right to provide public telephones at the Premises
for the entire term, 'This non-exclusivity also applies to new locations opened or acquired by the City during the tenn
of this Agreement.
10. Electrirm Connection. GTE may connect electric lines for booth or sign lighting to M appropriate cOlUlection
point on the premises as approved by the City. The City agrees to supply the electrical power on a 24-hour basis for
booth and sign lighting after the telephones are placed in service,
11. Premket; A~ - GTE may enter the premises during nonnal business hours for the Premises and at other times
upon reaaonable notice, for the purposes of fulfilling GTE's obligations under this Agreement.
12, Si~ IlIId Advertlltlng . Subject to local ordinances and any lease governing City's use of the Premises, GTE
shall have tho exclusive right to place telephone directories, signage and advertising for products or services that do not
compete with City's business, within or on the telephone enclosures,
13. Tennlnnfion - Either party may tenninale dlis Agreement allhe end of the initial or any subsequent tonn by giving
a writteI1 DOtico to tho other alleast sixty (60) days prior to the end of the tenn. Either party may tenninate this Agreement
by written notice if tho other party becomes insolvent, makes an assignment for the benefit of creditors, is unable to pay
debts as thoy maturo, bas a trustee or receiver appointed over all or MY substantial part of its assets, or goes out of
business. If a put}' fails to perfonn any major obligation Wlder this Agreement. the other party shall gi V6 written demand
to aJI'C, and if the non-perfonning party does not correct the deficiency within sixty (60) days of receipt of such demand,
the notifying party may tenninate this Agreement upon second written notice. This Agreement may otherwise be
tenninated only upon mutual agreement.
14. Suhrontrllctors. A~silrnment IlI1d Surressors - Either party may perfonn its obligations under this Agreement
through duly authorized subcontractors or agents, TIlls Agreement may be not be assigned without the other party's prior
written consed. which shall not unreasonably be withheld, However, either party may assign its righls and obligations
hereurxJer in whole or in part, to a subsidiary, successor or related company upon prior written notice to the other party.
1l1is Aglllemellt binds the patties wx1 their successors and assigns, and is a conlractual obligation for use of the Premises
and provision of public telephone service which sludl continue between GTE and a new owner for the tenn of this
Agreement upon clUUlge in ownership of the Premises or of the City'a business conducted there.
IS. Comes Beyond Cnntrol or u Pnrty - Ncithur party shall be Iillbl~ for failure to pl.lrfonn obligations under this
AgJl)Omenl if prevented from doing so by a Cllll~'" or causcs which could not with reasorUlble diligence be controlled or
prevented by the party.
.2
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,16. Indemnlficallon - aTE will hold the City hnnnless from claims or liabilities arising out of OTE's ownership,
instalJatioo, operation, maintenance or removal of, or the use by any person of, the telephones and related equipment IllI
provided for in thiI Agreement, provided that this obligation to indemnify shall not be operative to pay any judgement
rendered .gainlt City as . remit of its comparative or sole negligence,
17. Umltatinn of' lnhffity . With the exception of improper termination in violation of Paragraph 13 or breach of the
non-exclwivity or authority provisions of Paragraph 9 and 19, neither party sball be liable to the other for any special,
conaequcntw or incidental damages in connection with either party's performance, delayed performance, or
nonperformance of this Agreement or any part of it,
18. J\ppIkahIe l.aw - This Agreement shall be governed by and inlerpreted in accordance with the domestic laws of
tho State of Florida. This Agreemed sball at all times be subject to such changes or modifications as the appropriate state
or federal regulatory aaeocies may from time to time direct and approve in the exercise of their jurisdiction. In the event
any provision oftbia Agreemed is in conflict with any state or federal law or regulation, such provision shall be deemed
modified to conform with such law or regulation and all other provisions of this Agreement shall continue in full force
and effect.
19. Authority - The person signing represents and warrants to have the City's authority to execute this Agreement,
and that the City owns, leases or otherwise conlrols the Premises with full authority to agree to the provision of public
telephone service as set out in this Agreement.
20. EDliG. Azreement - Except for written amendmenls, supplements or modifications made subsequently and signed
by both parties, this Agreement represents the entire agreement between GTE and the City with respect to the subject
matter of this Agreement and supersedes all prior negotiations, representations and agreements, either oral or written.
This agreement is hereby executed on behalf of OTE and the City of Clearwater by the following duly authorized
representatives:
FOR GTE FLORIDA INCORPORATED
FOR CITY OF CLEARWATER
Signature:
Signature:
Name:
Name:
Title:
Title:
Date:
Business Name: City of Clearwater
Executed At:
Business Address:
Atteat:
Business Phone:
Date:
Allest:
City Clerk
Approved .. to fonn:
Auistant City Altomey
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Clearwater City Commission
Agenda Cover Memorandum
;Z \.
I tern II
Heetlng Date:
Q'~,95
SUBJECT:
Extension of Franchise Agreement with Vision Cable of Pinellas, Incorporated
for an Additional Six Months
RECOMMENDATION/MOTION:
Approve extending the term of the franchise agreement with Vision Cable of
Pinellas, Incorporated, by six months to August 21, 1995, and pass Ordinance
No.' 5756-95 on first reading
QD and that the appropriate officials be authorized to execute same.
, BACKGROUND:
The franchise agreement with Vision Cable of pinellas, Incorporated, which was
granted on February 2~, ~9BO for a period of fifteen years, expires on February
21, 1995.
The nonexclusive franchise agreement permits Vision Cable of Pinellas,
Incorporated, the use of City rights-of-way for the installation, operation and
maintenance of a cable communications system within the City. In return, the
City has received a 3% franchise fee based on gross annual revenues of Vision
Cable of Pinellas, Incorporated. That fee base yielded revenues to' the City of
$329,399 for FY 1992, $334,142 for FY 1993, and $371,679 for FY 1994.
The City has been negotiating specific terms of a franchise renewal and
"additional time is required for discussions between the City and Vision Cable
of Pinellas, Incorporated.
Ordinance No. 5756-95 extending the term of the present franchise agreement
with Vision Cable of Pinellas, Incorporated for six months from February 21,
1995 to August 21, 1995, has been developed for Commission approval. Vision
Cable of Pinellas has indicated its agreement in the term extension.
User Dept:
$ "'"
Current fiscal Yr.
Commission Action:
o Approved
o Approved w/condltlons
o Denied
o Cont I nued to:
Reviewed by:
LegaL
Budget
purchaalng
R ilk Hgmt.
rs
ACM
Other
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Originating Dept:
rnformatlon Hgmt.
Costs: S N/A
TotDI
ell
Advertised:
Dotal
Pllpor:
~ Not Allqul red
Affected Parttes
o Notified
~ Hot Aequl rod
Funding Source:
o tllpl tol llll'.
o oporatlng
o Other
Attachment s:
Ordlnonco No. 5756-95
Submitted by:
Appropr1ation Code:
o Mone
0. Printed on rocycLod papor
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ORDINANCE NO, 5756-95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE FRANCHISE AGREEMENT
WITH VISION CABLE OF PINELLAS, INCORPORATED,
TO AMEND THE FRANCHISE AGREEMENT TO EXTEND
THE TERM OF THE FRANCHISE FOR A PERIOD OF SIX
MONTHS, ENDING ON AUGUST 21, 1995; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Ordinance 2084 of the City granted a nonexclusive franchise for
the use of City rights-of-way to Vision Cable of Pinel/as,' Incorporated; and
, WHEREAS, Vision Cable of Pinel/as, Incorporated has submitted a renewal
proposal pursuant to the provisions of the Cable Communications Policy Act of
1984 and the Cable Television Consumer Protection and Competition Act of 1992
("Federal Cable ActU); and
, WHEREAS, additional time is required for discussions between the City and
Vision Cable of Pinellas, Incorporated on a successor franchise agreement; and
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WHEREAS, in order to accommodate the franchise renewal negotiation
process, the parties desire to allow for the extension of the current franchise and
proceed with negotiations under the informal procedures of the Federal Cable Act;
and
WHEREAS, Vision Cable of Pinellas, Incorporated agrees to the extension"of
the franchise term to allow for such preparations;
now, therefore,
, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER FLORIDA:
Section 1. The term of the franchise agreement between the City of
Clearwater and Vision Cable of Pinellas, Incorporated, granted by' Ordinance 2084
of the City is hereby extended six months such that the term shall expire on
August 21, 1995. All other provisions of Ordinance 2084 shall continue in ful/
force and effect. Vision Cable of Pinel/as, Incorporated shal/ operate in the same
manner as prior to the extension. Operation in the same manner and under the
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, same terms and conditions include, but are not limited to, access and local
origination operation and funding, consumer service and complaint response, and
compliance with ~II public safety regulations and applicable laws and regulations,
. Sectio'n 2. This ordinance shall not be construed to infer that the term of
the franchise shall again be extended, or that Vision Cable of Pinellas, Incorporated
shall b~ approved as a franchisee of the City beyond the extended term of the
current franchise agreement.
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Section 3. 'This ordinance shall take effect lmm~diately upon adoption.
PASSED ON FIRST READING
r. .:
PASSED ON SECOND AND FINAL READING
,', AND ADOPTED
;,
Rita Garvey
M ayor~Commissioner
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Attest:
Cynthia E. Goudeau
City Clerk
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Approved as to form and correctness:
,
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Pamela Akin
City Attorney
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"'-'7/ COPIES TO:'
COMMISSION
FROM:
Betty Deptula, City Manager
Jeffrey E. Harper, Information ~anagement Director ctIJ
. II t
Kathy Rice, Deputy City Manager
CIT'd/(N=:lci8a~ A TER
INTERDEPARTMENT COflJA~g~ONDENCE
CLERK I AliORNEY
TO:
COPIES:
SUBJECT:
Status of Cable TV Franchise
DA TE:
January 19, 1995
This is a status report on our franchise negotiations with Vision Cable, and of
Vision Cable's request to transfer ownership of the franchise to Time Warner
Entertainment-Advance/Newhouse Partnership.
1. Franchise Negotiations. - The City has been working on ~he franchise renewal
process for many months. The issues the City was asking to be addressed in the
request for renewal proposal were listed in my memorandum of July 8, 1994, copy
attached. In its response to this proposal Vision Cable met some of our requests,
and others are still being discussed. Open subjects include:
1. Information highway concerns, e.g., what institutional services will be
provided.
2. Government access provisions, such as, channel allocation and
equipment requests.
3. Service concerns - what services will be received.
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For its part, Vision Cable is concerned about the duration of the franchise and the
expense of some of the items requested in the RFP. The City team and Vision
Cable have proposed not to divulge specifics of our progress in these negotiations
during the negotiating process. '
The negotiators last met on October 13, 1994. At that time each requested
detailed information of the other party, and assignments were made for Vision
Cable and Rice, Williams Associates, the City's cable consultants, to have their
engineers discuss some technical questions.
In December, the City sent a list of questions concerning Vision Cable's
compliance with the existing contract to Vision Cable for response. Responses
were received January 9. Rice, Williams is now completing the compliance audit,
and hopes to have a report to the City on January 23.
Page 2
January 19, 1995
This would have been the last piece of background needed to continue with
franchise negotiations. However, on October 26, the City received a request to
approve transfer of ownership from Vision Cable to the Time Warner
Entertainment-Advance/Newhouse Partnership. This has complicated the franchise
negotiations.
2. Transfer of Ownership. - Under the terms of our existing franchise agreement,
the City has 30 days to approve a request for transfer of ownership. The City
advised Vision Cable on November 23, that it would abide by the approval period
of 120 days as established by the FCC. Vision Cable agreed to this.
,1. Compliance issues related to the existing franchise. - As noted above,
the compliance audit report is expected from Rice, Williams the week
of January 23. This will give the City the information it needs to see
if there are significant compliance issues that need to be addressed in
the transfer process.
Issues of concern to the City in this transfer process include:
2. Rate Increases. - Vision Cable has very competitive rates. The City
needs to address how the new owners will address rates.
3. Customer Service Issues. - Our negotiation research has shown that
Vision Cable does a good job with customer service. The City has an
interest in seeing that the new company will continue good customer
service.
4. Financial Concerns. - Rice, Williams Associates has noted recent
articles in the Wall Street Journal and USA Today concerning the
financial circumstances of Time Warner. Some analysts are
wondering if the company is overextending itself. The City needs to
assure itself that the new owners will be able to meet their
commitments. Rice, Williams Associates can conduct a financial
analysis of the new owners documentation.
The City has not had time to obtain the information needed to make an informed
recommendation to the City Commission concerning the transfer of ownership. To
get to the point where an informed recommendation can be made, City staff needs
to do the following:
1 . Review the compliance audit report.
Page 3
January 19. 1995
2. Review the ownership proposal analysis from Rice, Williams.
.,
Discuss and resolve any concerns resulting from the above with
representatives of Vision Cable.
3.
The 120 day approval period for the ownership transfer request expires February,
26, 1995. The parties can extend this period by mutual agreement. This date, a
letter was sent to Vision Cable requesting a 45 day extension. Vision Cable has
advised staff that they will review our request and pass it up through their
organization. However, approval is doubtful, as Vision Cable just denied a 90 day
extension request from Pine lias County.
The City has several options. , First, if no action is taken and an extension is not
agreed to, the transfer of ownership is automatically approved.
Second, if Vision Cable agrees to a 45 day extension, all issues will be addressed
as discussed above. A recommendation will be brought to the City Commission
within the time period.
Third, the City can deny the request. In this event, the City must state its reasons
for the denial. Rice, Williams has advised us that when denials occur the following
usually happens.
1 . The company tries to negotiate an approval.
2. The company takes the City to court charging it with being
unreasonable.
3. The local company is allowed to continue, but with little corporate
support. Local service suffers.
The City of Pinellas Park and Pinellas County both have franchises with Vision
Cable and are involved with similar approval of transfer of ownership requests.
Pinellas County requested a 90 day extension of the approval period and Vision
Cable did not agree. PineHas County may deny the transfer. Pinellas Park, on the
other hand, seems poised to approve the transfer.
Rice, Williams Associates strongly recommends that the City address the request
for ownership transfer before proceeding with franchise negotiations. This will
allow us to be sure the new company will address any concerns we have.
Once the transfer of ownorship request is resolved, City staff will be ready to
resumo franchise negotiations.
CITY OF CLEARWATER
INTERDEPARTMENT CORRESPONDENCE
TO:
Betty Deptula, city Manager
FROM:
,
Jeff Harper, Director of Administrative services f:/,(l ..
Jim Lange, community Outreach Manager
Laura Crook, Information Services Manager
Jean Rice, Rice, Williams Associates
COPIES:
SUBJECT:
RFP - Vision Cable Franchise Renewal
DATE:
July 8, 1994
,I
The request for proposal for Vision Cable's proposed franchise
renewal will be hand delivered to the company on July 8th. Staff
has been working with Rice, Williams Associates and the city of
pinellas Park, which is also in the process of renewing its
franchise with Vision cable, in preparing this proposal.
There are a number of advantages in Clearwater and Pinellas Park
working together in the renewal of our franchise agreements with
vision Cable. The company has expressed an interest in upgrading
the cable system with fiber optics throughout their franchise
areas. This will require a substantial dollar commitme~t from
vision Cable. The larger geographic area represented by the two
cities makes this upgrade far more viable. Moreover,
negotiations with Vision Cable will, by and large, involve the
same issues for both cities. It should be noted that each city
will be given the opportunity to specify individual requirements
exclusive of the other, thus recognizing the uniqueness of each
,.city.s needs.
Fallowing is a summary of the key items being requested of Vision
cable in the request for proposal.
A. Subscriber Network
1. A complete rebuild of the cable system to a minimum of
750 MHz, one hundred channels and taps capable of
passing 1 Ghz.
2. A dedicated program during the rebuild to audit and
test all subscriber drops to make sure all drops are in
compliance with the National Electric Code.
3. Improvement in the quality of channels WEDU, WTSP and
WFLA.
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July S, 1994
4. The prov1s1on of a redesigned fiber to the feeder based
architecture and the company is encouraged to design
the system with approximately BOO or fewer 110tn::S per
fiber node. H&#?r~
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5. The provision of stereo sound on all channels that
offer stereo signals.
6. The cities require status ,monitoring on the fiber
portions of the rebuilt system.
7. A neighborhood by neighborhood construction timetable'
for the system rebuild is required.
B. Service to all homes in the cities is required.
B.Consumer Compatibility
1.
The cities require a plan describing how the system
will continue to be compatible with cable ready
television sets, stereo televisions, VCRs, etc.
2. The company must describe how high definition
television and digital compression, when available,
will be integrated into the system.
c. Consumer Services .
1. The company should provide its outage response and
rebate policies.
2. The cities seek on-site response to repair calls within
"24 hours, ninety (9q) percent of the time.
D. Interconnection
1. The cities require interconnection of the access
channels and two-way interconnection of the public
sector institutional networks with all area systems
owned by Vision Cable.
2. The cities require interconnection with contiguous
systems within Pinellas county assuming the cooperation
of the other cable systems and franchising authorities.
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July B, 1994
E. Programming
1. The company is to specify which services it intends to
provide as part of the basic service tier, other tiers
of service, a 1a carte channels, and pay offerings.
F. Access
1. The cities have the goal of expanding facilities,
equipment, and services provided for public,
educational, and government access.
2. The following access channels are requested:
a. No fewer than three channels for government
access including one for Clearwater and' one
for Plnellas Park.
b. No fewer than three channels for educational
access.
c. No fewer than two channels for pUblic access.
d. No fewer than four channels for future access
use for BO channels or 10% of the channels
for more than 80.
3. All access channels shall be placed in the basic tier.
, ,
G. Equipment
1. Each city requires that the company supply professional
quality equipment for government access. The city of
Clearwater is requesting equipment to upgrade the city
commission chambers, to help equip the Clearwater
government access channel, to provide an interactive
information system, and a mobile van for field
productions.
2. Free drops for non-premium service, service to all city
buildings, current and future.
H. Access Support
1. ^ staffed public access production facility for public
access is required.
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July a, 1994
2. ,Training for the use of access equipment.
3. Maintenance of access facilities.
4. Production assistance for specified amount of hours.
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I. 'Institutional Network (I-Net)
The cities require a fiber optic based I-Net.
J. Franchise Fee'
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The city of Clearwater is proposing a franchise fee of 4% of
total gross annual revenues for the first year, increasing
to 5% the third year, or the maximum allowed by law,
whichever is higher.
K. Term of Franchise
The cities are requesting that yision Cable indicate in its
response the franchise term that is sought.
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The RFP is going to vision Cable July 8. Vision will try'to
respond by August 6, or earlier, but they may need more time. We
plan to begin negotiations with Vision Cable before the end of
Au~ust. First reading of the ordinance is planned for September
'15, with second reading on October 6.
I will keep you advised of progress.
"
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Information Management
Deportment
P,O. BOX 4748
CtEArM'ATEn:. fl 34616.4748
TELEPHONE (813) 462-6679
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Clearwater
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January 19, 1995
James K. Waldo
Vice President/General Manager
Vision Cable of Pineltas, Inc.
2530 Drew Street
Clearwater, Florida 34625
Dear Mr. Waldo:
,The City of Clearwater hereby requests a 45 day extension to the 120 day
approval period for Vision Cable' 5 request for approval of transfer of ownership of
the franchise to Time Warner Entertainment-Advance Newhouse Partnership.
This extension will enable the City to complete its analysis of the proposal. The
City is reviewing specifically Vision Cable's compliance with the existing franchise,
and financial aspects of the proposal. The City will review compliance issues the
week of January 23rd. Our analysis will be complete by February 16, 1995.
If significant concerns are identified we will discuss them with you to resolve
them. City staff will prepare a recommendation to the City Commission in time for
it to be acted upon within the 45 day period. The period requested would begin
February 26. 1995.
Please advise me by return mail of your response.
Sincerely,
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I Jeffrey E. Harper
Information Management Director
cc: Betty Deptula
Rice, Williams Associates
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, CLEARW A TER.FLORIDA
CADLE NEGOTJA nONS
CITY NOTES ~ CONFIDENTIAL
AGENDA.. UPDATE
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Fehxuary 2. 1995
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A.
OPENING REMARKS
City
Vision Cable
B. SUBSCRIBER NETWORK
1.
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Unserved Areas
[$30,100 to serve biarina Harbor Master and Marina Slips,' Cily seeks service
there,. Company says all residences in the C/tJt are and will be served; Cit)' to
provide list of downtown buildings to be sened.}
2.
New Developments '
[CDmpan)' proposes constllJctWn commences ~ilhin thirty days and activation
within ninety days,. Commerdal property will be served for IUJrmal instaJUJtion
of ISO' and time and maLerio.ls thereafter; CiIy to rn'iew this policy.]
3.
Network Design
[Compan:l accepted City authority in the franchise to apprr)"~e design based on
specifications,. Company agr2td to discuss testing of existing cable to
11Ul/Ju.lacturc~ specifications: Engineers Olscussed how thaJfit Into the approval
process.]
4.
Construction Schedule
{C6mpany will pro.ide section~by..section plan with dates for completion,
Qttjl1ation, cuJover with specific windows for individual and area outages /0 be
specified in the franchise.]
5.
Construction Supervision ,
{City will specifJ' construction superviSion, tumkey cOnJraClor, Kennedy
Construction of Geor~' sllpervisory penonnello construction crews. City to
drrift language regarding inJerventhJn if cOnJraCl insta1laJ1tJn or other crews are
consistently problematic. Cil)1 plans to have a ten year plan to have aU utilities
1
6.
V
7.
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9.
11.
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and cable underground on major thoroughfares within specific time frames.
City to keep Company infomzed and Compan)' to re.iew need/or joW trenching
language in franthisc. Company rtquested same treatment as utilities; Cit),
indicaJes that if they know in ad'l'unce, tlte.1' should be able to plan around areas
sUzJed to go underground; Company to check to see if thDJ can be done during
the rebuild, otherwise underground costs for Boulevard 'wi1/. be $120,858.]
Drop Replacement
ICily requires 100% drop inspection. Cit). indicaled if subscribers paidfor ii,
the Cit}. would own some portion. Company agreed. Engineers discussed test
procedures and specifications needed.}
Cutover Plan
[Enginefrs discussed additional delails needed to ensure mininud consumer
problems (CilJ' seeks no ouJage longer than 20 minutes during 12-hour cutover
period). City seeks autonwtic rebates for upgrade related outages. Company
to call back 10% of customers?]
Upstream Signals
(Upstream activation cost to be estimated bj' the Compan)'. City seeks
immediate upstream from the home and free llse of upstream from the home;
Compan)' seeks late implementation of upstream.]
10.
Fiber Construction
[Company conftnned thaJ 25% of plant will be fiber optics.)
Equipment
(Jerrold MVP on aU scrambled clulnnels; New converters allow cJuznnel to be
skipped; Company provided parental control plan for Iii/eo and audio blocking
of all channels.)
Converters .
[Company upgrading converters at 25, 000 per year system-wide and this'is ahoUl
Year Three to change out to basebaruf conveners; Company to indicate when
conveners will be provided in Clearwaler; Need make and model number or
converter specs,' Company to use digital when available,' City to seek
commitment ill the franchise; How is plan consumer friendly? City fmnchisf!
ta include no scrambling of basic, if technologiCflUy feasible; best elforls by
Company to make tiers ava,lable on cable-ready sels.]
12.
Emergenc)' Alert ,
[Company to check on Cit)' access from touch/one phone,' Company Ie check on
providing a tone prior to emergenc)' communication; City to see if biannual
testing plan is acceptable.]
2
Additional Rate Information
[Charges for parental contro~ relocation, VCR connection.]
13.
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Sta~ h!onhoring
[CompanJ' tstUnaJes lOst at $163, 000; CiI)' rlquested,' Company says not netded,
but wiU revitw,' Should be included tJl node Wes.]
14.
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Fuli-Ser\'ice Network
rs.vstem archiucture for ~bllild; SUJle..(Jf-4he-an language '0 be developed.]
C. SUBSCRIBER SERVICE
1. Post RebuUd
[City to require mix, level, and quaIitJ. standard; Compan>' to provide the
number of channels to he 4lctivated close to eruI oJ fnJ.nchise discussions.}
'2. Handicapped Discount
[Company to consider offering a discount service and possible options for the
hearing impaired.]
DROPPED FROM AGENDA:
Pay-Per- View Service
[CtJmpany has plans for multiplexing premiwn channels.]
Audio Service
[DigiUJI service to be continued; Increase to 30 channels,' Railw Reading
Service.]
D. LOCAL PROGRAMMING
1. Access Channels
,/' [City required 3 gOl-'emment c/uJnnels (1 for Clt), use),. 3 educational channels;
2 public channels,. 4 for future we, and 10% up and downstream for additional
c1utnnels abol'e 80; Company proposed same as current and one for Cleal"Watelj'
City to review the no. of channels requened,' Company offered to relocate
Clearwater channel to //35. Compan)' agreed 10 provide; City to conrlder
, threshold olluJU1'e public access channels.]
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Initial Government Acc~s Equlpll1ent
(Cit)' required Commis~ilJn room robotics studw, playback, duplication and
camera equipmentforthe Government channel; Interactil'e lrifonr..atiJ:Jn System;
Equipment upgrade of VisWn equipmem; Police and Fire ~qWpment; and
equipment fund for new pu,.choscs; No proposal by Company for new
equipment; STIUlU upgrode and dunation of existing equipment. City seeks grant;
City estinur.te& costs at $500,00() for initial equipmctU. City requested use 01
Drew Street faciJit)'; Company to provide Ust of past services to the City.]
3.
, Initial Educational Access Equipment
[Company agreed to most favored nation clause for educational access (e.g.
more funds based on subscribership; In the RFP the City required playback
equipment and access to studio, modulation, and post production equipment;
Company did not propose to provide an)' educational equipment.)
4.
Public Access Facility Upgrade
[Company agreed to most lal'ored tuJ./ion clause for publU access; Company
included cost 01 cu"ent upgrade plans for 1993 and 1994 facilily,. Cit)' to
discuss additional access studio needs.}
5.
Replacement and Maintenance of Access Equipment
ICily reguirtd; CltJrificatWn needed; Seek replacemenl dollars based upon useful
We plus inj1ation; City to develop schedule 0/ tUjuipment replacement.
Company committed to access rep~emenJ.J
6.
Mobile Van
[Cily required a mobile van lor PEG access and estimates cost at $200,000;
CompanJ' did not propose one: CiJy to connder sharing a van ~,ith other
governments.]
7.
Training
[Company agreed to training senrices on-sile requeste.d,. Cit}. to devewp whal is
needed lor replacement.] , .
Tunetable ror Equipment
[City seeks funds initi.a1ly,. backup would be over a 2-year peritJd.]
8.
9.
Publicity
[PubUcily services to be clarified, e.g., preview guide, PSA's, promotions,
handouts and offers.]
10.
Technical and Other Services
[Staff support needed for all of access; Company proposal 10 continue access
aJ current rale plus in/fl'zli()n: Expense now in base oj rate to be discussed and
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11.
,/ 12.
13.
agreed to b)' Compan)',' Cill' requested additional SUiffing; CitJl seeks 18 houn-
of support per week; Discuss meeting coverrzge hours by the Company is in ;ate
ban.]
OriginatiOD Sites
{Su I-net mes.]
Closed-Circuit Switching, Equipment, and Converters
{City required; Company to review techniCDl issues; City to develop n.umber of
tonyerters needed.}
Local Onpnation
(Company Qgreed to' local origination for current number of hours Jor the
dunztion of franchise.]
14.
ADA Requirements
[CiIy to rtYlew.]
E. INSTITUTIONAL NETWORK
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2.
InstitutJonal Network Teclmology
[Company proposed using existing coaxial I-net and adding wcations an4
capacity at cost; City required fiber optic I-net with multiple fibers (6 to sites
and 12 Jor public $ofe1>'; City provided 11Ulp of sites; CompUance issue' of
$38,000 grant,' City requested fiber network to be provided free.]
Inst1tutional Network Design
[Design to be approJ'ed with architecture 10 support sonnet technology,' Map,
specifications, and responses to RFP questions needed for a fiber system.]
Institutional Network Repair Response
[Maintenance and repair timelrames and costs to be dk;cussed.]
3.
4.
I-Net Interconnect with Subscriber Network
[at). required.]
INTERCONNECTIOlt_
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1. Connection of Three Headends
[Systems being purchased by Time Warner to be discussed,' and Engineers
discussed length of cascade lor inlerconn ecnon to Tel.]
5
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2. Interconnection with Other 1\funidpaUtie.c;
[Clarification needed.)
G. CONSUMER PRACTICES
1. Future Services
[Interactive and other plans to be discussed.]
, 2. Resolution of Complaints Submitted to the City
[Correct procedure to be included in the franchise.}
3. Telephone Answering
[Busy standtJrds to be discussed and how the Company wi11 respond if FCC
standards are not met.)
4. Pa)ment Stations
/Three fuU service Iocatwns1' Company may change; Cil)' to discuss.]
5.' Repair Call Resp'onses
[Company meets 36-hour staruJani,' Compan)' to look ott' City initially steks
standard of U-hour standard; Repeat 1'fpair respons,.]
6. Outage Credit and Plan
[City 10 propose plan.]
7. Compliance with FCC Standards
[Company compUes1' City to develop language on corrective ~n if standards
are not met.)
8. Consumer Compatibility
[See technical regarding level of compatibility.]
10. Cable Guide '
[Company agreed to access channel listing in new,)' & guide.)
.a. ORDINANCE
I. FRANCHISE
J. REIMBURSEMEVI' FOR RENEWAL EXPENSES
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Clearwater City Commission
Agenda Cover Memorandum
I tern II
Meeting Date:
'J~~.
~'~.95
--
SUBJECT:
Sidewalk Vendor and Outdoor Cafe Ordinance. Issues.
RECOMMENDATION/MOTION:
Consider issues associated with outdoor cafes and sidewalk vendors and provide direction to staff.
[] and that the appropriate officfols be authorfzed to execute some.
BACKGROUND:
The City Commission was scheduled to consider an ordinance prepared by staff for first reading on
November 17, 1994. This ordinance regulated the location of sidewalk vendors and outdoor cafes.
The Commission had a number of questions concerning the provisions of the ordinance, and directed
staff to return with a list of issues for Commission discussion.
Staff has identified several issues that appeared to be of concern to the Commission. These are
provided along with some discussion and a staff recommendation, on the following pages.
The Central Permitting staff will be present to generate discussion and solicit Commission direction on
each of these issues. Should the Commission have other issues it would wish to consider, these could
be brought forward at this time. '
IIIvlewM .y: _1M Drfulnallllll Dip!:
Lelilal CENTR JITTING
Budget N/A
Purchasing MIA
Risk Mgnlt. N/A Unr Dip!:
CIS N/A
ACM
Other N/A
CUb:
tNlA
Total
Commllllon Aolln:
D Approved
[] Approved w{condftfons
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$
Current Fiscal Yr.
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Date:
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WI
Clearwater City Commission
Agenda Cover Mbmorandum
Itom If:
~
~
Moollng Dlllo:
SUBJECT: St. Joseph Sound Nomination as a S.W.I.M. Priority Waterbody
RECOMMENDATION/MOTION: Adopt Resolution 95-17 to endorse the nomination of St.
Joseph Sound to the Southwest Florida Water Management District's (SWFWMD) list of Surface
Water Improvement and Management (SWIM) priority waterbodies in 1995,
o and that tho appropriate officIals be authorized to exocute same,
BACKGROUND: St. Joseph ,Sound is a unique and important natural resource in the City of
Clearwater for many reasons related to its natural function and contribution to the overall health,
welfare, enjoyment and economic benefit of Clearwater's residents and visitors.
On January 25, 1995 a representative of PR,ID,E (People Restore, In Dunedin, Every Waterway)
met with the City to request support for the nomination of St. Joseph Sound as a SWIM priority
waterbody. A--copy of-their nomination lottsr to tAe S\..VF\~/MD is attaofted.
Florida Statute and associated State rules establish the timing and process, respectively for
State consideration of nominated priority waterbodies. Evaluation of the list of priority
waterbodies is scheduled for Basin Board review and approval this year beginning on February 3,
1995 and extending until February 19, 1995. This nomination will be reviewed by the Pinellas
Anclote River Basin Board on Tuesday, February 16, 1995.
Adoption of this resolution does not commit any City funds. Staff resources are also not
committed by this action. This action will provide greater opportunity to fund water quatity
improvement plans and projects which would improve the water quality in St. Joseph Sound.
Revl_~ by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
EngIneering
ACM
Other
OriglnatlnlJ Deplrtment:
E ngl no orlnglEnvlro n
Co.,.:
o
Total
Commission Action:
NIA
NIA
NIA
~
Unr Department:
o
Current Fiscal Yr
o Approved
o Approved w/conditlons
o Denied
o Conllnued to:
Submitted bV:
c~~
Dato:
~or:
U Not Allllulrlld
Affect.d Partl..
D NOllflod
o NOI ROl1ulrotl
Funding Source:
o Capitol hnprovement
o OpOl oting
o Olho,:
Attachments:
Resolution 96 - \'1
Advlrtl"d:
Appropriation Code:
o None
o Printed on recycled paper
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. ,
, .
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J~ b.
Resolution 95.17
A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA, ENDORSING THE NOMINATION
OF ST. JOSEPH SOUND TO THE LIST OF "S.W.I.M, PRIORITY WATER80DIES" IN 1995:
PROVIDING AN EFFECTIVE DATE, .
WHEREAS, St. Joseph Sound traverses Clearwater between the mainland of Clearwater and It's
associated barrier islands; and,
WHEREAS, 51. Joseph Sound has been desIgnated for "special consideration" by the State of
Florida for Its importance as a unique natural resource that provIdes Important nalUral functions related
to marine productlvlly, as well as, fish and wildlife habitat, and contributes to the overall health, welfare,
enjoyment and economic benefit to Clearwater's residents and visitors; and
WHEREAS, the important natural functions and benefits derIved from St, Joseph Sound are
directly dependent upon Its water quality; and
WHEREAS, the effects of runo'f from stormwater systems and natural creek trIbutarIes contribute
to poor water quality through enrichment and the contribution of pOllutants from development which
diminIshes natural system funcllon and reduces Public benefit; and
WHEREAS, development that contributes stormwater runoff to St. Joseph Sound from Clearwater
extends from Curlew Creek In the north to Bellealr Creek in the south; and
WHEREAS, the Improvement of the water quality within 51. Joseph Sound would enhance Its
function and Public benem; and
WHEREAS, the South Florida Water Management District's Surface Water Improvement and
Management (5,W,I.M,) program can participate with tocal governments in funding planning and
construction projects to Improve the water qualily of designated S,W,I.M. waterbodies; and
WHEREAS. such participation by S,W,I.M. would enhance the ability of the City of Clearwater to
plan far and construct projects that would Improve the water quality of St. Joseph Sound far the benefit
of Its citizens and visitors; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1, The Cily Commission of the City of Clearwater endorses the nomination of 51. Joseph
Sound \0 the list of "S,W.1.M. Priority Waterbodies" In 1995.
Section 2. This resolution shall take eHect immediately upon adoptfon,
PASSED AND ADOPTED this
day of
,1995,
Altes\:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
@ ~~\ ' ~ ';;t b.
I)I~Ol}L~ Itl~sTonE~IN DUNEllIN,EVEItV WATEn.'VAV
J llllllil r y 1 0 1 99!.i
To: Miohnol,Porry
Diroctor, SWIM Dopt., SWPWMD
I;'rom: PH,lD,El (Poopla Hoatoro In llunoclln 1'~vlJry \'lnterway)
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Subj oct: S l:. JODoph Sound
D Q n r ~I r. Po r r y :
Tho'nilent sound of pollution, olowly but exactly, pouring into
OU~ bolovod st. J6neph Sound ovor tho many years is starting
to spoak, with its mud nnd nilt clogged creoks and canals.
'I1ho urban run--of f from t:hu vary populn tion drawn into this
beautiful wntorway by itu gift of fishing, crabbing, and the
rocroation of banting and canoeing up its stream is choking
its vor~ gift.
Diminishing io tho spawning 'of sporting fish, the bottom feeding
blua oraba, the non grasno" which are tho spawining homes of
much' Bon life llnd tho, many ooa bIrds thtl t graco our shores.
The 'cry' of our Ot. Josoph Sound cannot be hoard aloud, only
tho ~ollont cryl we must liston to.
\~o, tho ulldornigllod would like to pla.co St. Joseph Sound in
nomlnllt.ton au n olwdlc'lt1t:o of tho list of t1S.~/.I .M. Priority
WlItorbodiooll 'which comoa up for revision in 1995.
In domonstra.ting sllpport for this offort, we ~ro contacting
thoDO listod balOW, to obtain resolutions from their respective
City nnd County COlnl1liolJionu; to 1'o-onforco further support of
thin of fOl:t.
Sinooroly,
~'LVn: C\. .. \'~ '/)'-I~,&~j,
It"ono ~ .~oo Urycu{t
PH,IU,g Co-chairs (013)734-0429
(Pooplo Hantorn In l)unouin ~vory watorway)
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cc~ Dunodin Moyor - Tom Andoruon
Cil:! Y,OI1 tlroup - DUJlodin I~nv iroJlmon till Qual i tias-Don Skinner
Clont'\Viltur MilYOt- - lU tn Gnrvey
" ell:J zon O."OUIl - I';nvll'onmontlll ^dvluory lJonrd - Hiko Poley
Uu.l LOillr l\ullOlI Nnyor ~. \~Illialll Attober.ry
Jl.l rlllltnu (!Olllll:y cOlllm.lullionor - ~l:ovo Stobert
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~ CITY OF CLEARWATER
Interdepartmental Memorandum
~cx 'b.
ADM02-06-12
TO: Elizabeth M. Deptula, City ~ager
THRU: Rich Baier, CitY Engineer v r
FROM: Tom Miller, Assistant Director of Engineering/ENV
DATE:
January 27, 1995
SUBJECT:
SWIM Priority Waterbody Nomination
With respect to your request for additional information related to the subject nomination of St. Joseph
Sound on Monday, January 30, 1995, please accept the following:
PRO's:
1, The SWIM process is established in accordance with state law to prioritize worthy planning
efforts or capital improvement projects for joint funding support by the State. In order to
qualify, the project must affect a designated waterbody in a manner which improves and
. enhances the natural resource, Therefore, if St. Joseph's sound were nominated a SWIM
waterbody, the CitY would increase the likelihood of state funding support for such projects
'as: (1) Downtown lake: (2) Edgewater Drive Restoration: 131 Memorial Causeway Bridge
Replacement; {41 Ambient Water Ouality Monitoring Project in Clearwater Harbor: etc.
2. Focus greater attention on water Quality problems in St, Joseph Sound allowing more
opportunity for interlocal cooperation among other government agencies.
3. Clearwater will be recognized as a leader among local governments for their farsighted support
for water Quality protection and improvement of St, Joseph Sound,
4. Could get NPDES credit as well as further support the FEMA Flood Credit requirements,
5. There is no economic cost to Clearwater by this resolution which only endorses anothers
request,
CON's
1. Politically, Clearwater is supporting an issue raised by Dunedin and not by its own citizens,
2, As only a local government can "officially" nominate a waterbody as a SWIM priority
waterbody, and since only Clearwater appears to be endorsing this nomination irom among the
surrounding communitY of governments, if the state were to agree to nominate St. Joseph
Sound as a priority waterbody, Clearwater could be asked to assume that leadership role and
develop more fully the nomination, This could place Clearwater in the awkward position of
having to commit Staff effort to assume the lead of another communities issue, perhaps at
some embarrassment to the City of Dunedin.
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CITY OF CLEARWATER
lnterdepartment Correspondence Sheet
FROM:
Elizabeth M. Deptula, City Mana2" ~.-.
Richard J. Baier, City Engineer 1-[ ~ .
William C. Baker, Assistant City Manager
Kathy S. Rice, Deputy City Manager '
Tom Miller, Asst. Director of ENG/Environmental
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SUBJECT:
S.W .I.M. Design~t;on of St. Joseph's Sound Waterbody
"
DATE:
February 1, 1995
As requested, I contacted Bob Brotherton of the City of Dunedin and he has relayed to me the
following information:
. The City of Dunedin is very supportive of the S.W.I.M, designation of St.
Joseph's Sound's waterbody, He believes the City Commission will review this
item sometime in mid-February and, also, has indicated that he believes the City
Commission will approve the designation once reviewed in depth.
'.,
. He believes, as well as I believe, that a S.W,I.M. designation can only result in
positive attributes for the City of Clearwater, City of Dunedin, City of Tarpon
Springs and its citizens,
. Bob Brotherton preferred that Clearwater take the lead and pro~active role with
this S.W.I,M, designation due to his staff constraints at the present time,
.
I have also contacted Michael Perry of S.W.F.W.M,D" and he denoted only
positive aspects of this S.W,I.M, designation as well.
"
I firmly believe that we are in line with the City.of Dunedin's future actions and we can only
benefit by designating the St. Joseph's Sound waterbody as a S.W,I.M, waterbody.
If you should have any additional questions, please don't hesitate to give me a call at 6042.
RJBJjl
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Clearwater, Florida 34630
1340 GuU Boulevard, Suite 2-S
Telephone: (813) 593-2405- ~ . ~ ."15
93
The Hon. Rita Garvey, Mayor
City Commissioners
City of Clearwater
P. O. Box 4748
Clearwater, Florida 34618-4748
January 24, 1995
Bob Henion, Vice President
1480 Gulf Blvd. # 102
Clearwater, Florida 34630
Dear Mayor and Commissioners:
The Sand Key Civic Association wishes to address the City
Commission to request RELIEF FROM TOLLS ON THE CLEARWATER PASS
BRIDGE. We would appreciate this item being placed on the agenda
as soon as possible.
Due to the closing of the Bellaire Beach Causeway Bridge,
residents and workers on Sand Key no longer have convenient free
access to the mainland and the rest of the City of Clearwater.
It is our understanding that the present toll will end with the
closing of the Clearwater Pass Bridge. We therefore respectfully
request that the ci ty discontinue collecting tolls at this time.
Further, this would encourage residents of Sand Key and adjacent
communities to shop in the City of Clearwater.
Realizing that this action WOUld negatively affect anticipated
revenue, we are also suggesting two less radical alternatives:
* Collect Tolls Southbound Only
Effectively 50% discount,
Some benefit in collection cost & traffic flow
* Two for one TOKEN SALES to residents and workers
preserves revenue from occasional users, non residents
Please contact me at 593-9374 when this item has been
scheduled. Thank you for your attention in this matter.
Since~,~ _
B~~ot: Vi~~re.ident
cc: Betty Deptula, City Manager
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RESOLUTION NO. 95-16
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, RELATING TO THE
RULES OF PROCEDURE OF THE CITY COMMISS ION;
CREATING RULE 20 DEFINING ABSENCE OF THE
MAYOR-COMMISSIONER; CREATING RULE 21 DEFINING
EXCUSED ABSENCES; CREATING RULE 22
ESTABLISHING STRATEGIC PLANNING SESSIONS;
PROVIDING AN EFFECTIVE DATE.
,
WHEREAS, the City commission finds that it is necessary to
amend the rules of procedure for the conduct of its meetings to
define absence of the mayor and excused absences as provided
herein; and
WHEREAS, the City Commission finds that strategic planning
sessions should be added to the rules of procedure as provided
herein; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
section 1. Rule 20 of the Rules of Procedure of the
Clearwater City Commission is created to read:
Rulp. 20
Pursuant to Charter section 2.05, ~the vice-mayor shall act as
mayor-commissioner during the absence or inability of t.he
mayor-commissioner to perform the duties of the office of the
mayor . ~ For the purpose of that section, the mayor-
commissioner shall be considered absent if there are duties of
the office which must be performed and the mayor-commissioner
is not present and able to perform them.
, Sect ion 2. Rule 21 of the Rules of Procedure of the
Clearwater City Commission is created to read:
Rule 21
Pursuant to Charter section 2.07 (b) 1, a commission member
shall forfeit office under certain conditions, one of which is
failure to attend a specified number of II consecutive regular,
meetings of the commission, unless such absence is excused by
the commission. II 1\n absence shall be considered excused when
advance notice is given by a commission member that the
commission member will not be present at a meeting, or in the
event of emergency which precludes advance notice.
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Sect'ion 3. Rule 22 of the Rules' of Procedure of the
Clearwater City Commission is.created to read:
Rule 22
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Each year the City Commission shall meet in a strategic
planning session (s) to develop a five-year strategic plan
which will include 'a three-year financial forecast
presented by the City Manager and will be the beginning
of the budget process for the next' fiscal year.
Section 4; This resolution shall take effect immediately upon
adoption.
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PASSED AND ADOPTED'this
Attest:
"
d~y of February, 1995.
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Cynthia E. Goudeau
City C"lerk
Rita Garvey
, Mayor-Commissioner
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HOLLAND & KNIGHT
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200 ICIoIlh 0ruI1 AVIGIt
P.O. Box 1516 (ZLP 32J01.U26)
0t\.u0cI0, P\orida J:z.I() I
407-415-1500
PAX 407.2-44-'2111
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January 13, 1995
DA VlD Eo CARDWELL
Bu. 5112
VIA FA:)1
Ms. Pamela Akin
city Attorney
city of Clearwater
112 south Osceola Avenue
Clearwater, FL 34618
Rat East End Project; Enqaqement as Special
Counsel
Dear Pam:
This is to follow up on our reCent conversation and
propose terms for the engagement of Holland & Rniqht by the City
of Clearwater (the !Icity") for special legal services pertaining
to the redevelopment of certain property in the downtown area of
the city, often referred to as the "East End project.1I On behalf
ot the firm let me express our appreciation to you for
considering us and we look forward to working with you and other
officials of the city of Clearwater. This letter replaces my
correspondence to you dated october 27, 1994.
The City desires to redevelop approximately 15 acres in
the downtown redevelopment area on which is now located the City
Hall Annex. The city operations now located at that site will be
relocating to a new municipal services center to be constructed
in the vicinity. Redevelopment of the city Hall Annex property
and immediately adjacent property will be accomplished by a
private developer, who will enter into an agreement with the city
setting forth the terms ot the disposition or the property to the
developer and the type of development to occur on the property.
Our role will be to assist you and to advise the city
regarding legal issues that arise from time to time, inclUding
when applicable, Part III, Chapter 163, Florida statutes, the
Community Redevelopment Act. As you know, we have extensive
experience with redevelopment in Florida and have represented
numerous local governments throughout the state concerning
redevelopment projects, including the disposition of property,
the selection' of developers, the structuring ot tinancing
arrangements, and the negotiation and preparation or appropriate
agreements.
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Ms. POJQsla Akin
January 13, 1995
Page 2
Before any agreement can be entered into with a
prospective developer or developers tor the East End Project, or
any part of it, it i5 necessary that certain preliminary actions
be taken by the City. Those actions establish the legal
foundation for the city to proceod with the redevelopment program
and,to enter into a redevelopment agreement with the developer,
which can include the disposition ot real property. We have
reviewed the current plan for the downtown redevelopment area
with particular focus being those provisions applicable to the
East End Project. Our review indicates a need to amond or revise
the plan to include more specific provisions addressing the
redevelopment of the proposed site of the East End Project in the
manner now contemplated. We have made conceptual recommendations
to the city staft regarding changes to the plan that we believe
are neces&ary and appropriate to consider ~t this time hetore any
agreements concerning the East End Project are entered into.
Before negotiating with a prospective developer it will
also be necessary to publish a solicitation requesting proposals,
to eVAluate the proposals received, and then accept or reject any
such proposal for purposes of negotiating an agreement. We have
propared the text of a request for proposals which was published
and responses were received. Working with city staff we reviewed
the developers' proposals and prepared responsive letters on
behalf ot the city. SUbsequent to those letters being prepared
we have participated in discussions with the developers
concerning the scope of the project and the possible terms of an
agreement with the city.
The final step is the negotiation and preparation of
the agreement for the development of the East End Project. That
agreement will address the disposition of the reAl property by
the city to the developer, the development of structures and
facilities on that property, infrastructure needs and
improvements, design and operation of the project, ana other
issues applicable to the development and operation of this
project. We will advise the City as to the strategy and tactics
to follow tor these negotiations and whether any preliminary
agreement should be done. We will fully participate in the
negotiations with the developer to the extent reasonably
necessary to be effective, provide on-going advice and assistance
to the city staff, and to better and more efficiently draft the
development agreement. upon completion of negotiations of the
basic terms ot the agreement we will draft tho agreement and
negotiate its text with the developer and its counsel to
completion. should an impasse be reached at any stage and it
becomes necessary to cease negotiations and terminate the
developer'S selection we will advise the city as to the proper
process for doing so. Conversely, should the negotiations lead
to an agreement acceptable to those participating in tho
negotiations, we will advise the City as to the proper process
for considering the agreement, inclUding any required notices or
public hearings.
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Ms. Pamela Akin
January 13, 199~
Page 3
We will not undertake any independent review or
analysis of the compliance of this project and the development
agreement with the city's comprehensive plan as well as other
pertinent land use and zoning requirements. ShoUld any changes
to those be necossary, our services will not include the
preparation and processing ot those changes. Likewise, our
services will not include any examination or search of the title
to the property to be provided for this project or the handling
of the real estate transaction. We will also not ba responsible
for any analysis of environmental conditions or risks on the site
and any mitigation or remedial process or any defense of any
enforcement action that might be brought by any agency or person.
Of course, should you desire us to participate in any ot these
matters then we will agree with you as to the scope of our
services and the tees above and beyond those set forth herein
before undertaking those services.
In proposing the fees to be charged for our services we
have considered the individual lawyers who will be involved and
their customary hourly rates. I will be the partner in charge of
our "team" and will provide most ot the services for this
engagement. others in the firm with various expertise and
experience will aGsist me trom time to time, though I now expect
most of that assistance will be provided by Charles Hawkins II.
, The billing rate of $135 is significantly below my regular hourly
rate and would be a unified rate for all attorneys involved in
this engagement regardless of their customary hourly rate (which
in the case ot partners will always be significantly greater).
Any paralegals will be billed at the rate of $50 per hour, whiCh
I expect will be limited to research assistance when needed.
Costs will be billed at the amount of the expense
incurred by us for services provided by third parties such as
long distance telephone tolls, travel and courier or delivery
charges. Photocopying, rax transmissions and other service for
which we incur internal costs will be billed in accordance with
the firm's cost schedule (a copy of which will be provided to you
separately). Mileage tor travel to and from Clearwater will be
based on and will only be billed to the city for the distance
from our Tampa office (and not from the orlando oft ice where I am
resident or any other office from which lawyers may be called in
to work on this project). Any extraordinary costs (such as
travel other than mileage to and trom Clearwater) will be
authorized by you or the city staff prior to being incurred if
they are to be billed to the City.
Our invoioes will be submitted monthly and will set
forth in detail the services provided, the lawyer or paralegal
providing the service and the amount of time expended tor that
service. We would expect our statements to be promptly reviewed
and either paid in full, partially paid while any dispute is
resolvod, or you will immediately notify us of any questions,
concorns or needed additional information. Please notify me if
you will require any documentation of services or costs other
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January 13, 1995
Page 4
than the detailed descriptions in the invoice. (We customarily
do not attach copies of recoipts or other expense documentation
unless specifically requested to do so).
For the services rendered trom the commencement of our
services 1n October through the end of December, 1994 (we have
not provided any services since then in response to instructions
from the city), our fecs totalled $5,097.50 and costs were
$120.26. LOOking to the future, it is ditficult to accurately
predict the total amount ot time required to complete the
'negotiation and preparation or the development agreement, which
can take several weeks or even 'several months depending on the
issues confronted and the details of the project. Subject to
change as we learn more about the project as proposed by the
selected developer, we now estimate the total time for
negotiating and preparing the development agreement to not exceed
150 hours, or total tees to not exceed $20,000. Our costs will
be billed in addition to tees, and I do not expect our costs to
exceed $1,000 unless travel is required.
From time to time during the course of our engagement,
in addition to verbal reports, I will provide you with a written
status report setting forth the then status of the task, the
expected action to occur and any recommendations as to the
process or strategy to be followed or any needed additional
services:.
Please notify me if the terms set forth herein are
acceptable to you and the city. We have commenced our services
and regard our engagement to have become effective on Monday,
October 17, 1994, the date of my first meeting with you and Pater
Gozza to consider this project.
On behalf of the firm let me express our appreciation
at being considered by you and the City tor this matter and I
look forward to working with you on the redevelopment of your
tine City'S downtown area.
sincerely yours,
HOLLAND & KNIGHT
BY~(' ~~
David E. Cardwell
DEe/mer
cot Peter Gozza
ORL-11844S/707/39B17-1
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HOLlAND & KNIGHT
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200 Sooth Oran~ Avenue
P.O. Box 1526 (ZIP 32802-1526)
Orlando, Florida 32801
401-m.8500
FAX 401-244-5288
AUanla
Fort Lauderdale
Jacksonvllle
Laketand
Miami
51. Pelersburg
Tallahassefl
Tampa
WashIngton. D.C.
West Palm Beach
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J~nuary 11, 1995
DAVID E. CARDWELL
Ext~lIulon 6112
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Mr. Peter Gozza
city of Clearwater
112 South Osceola Avenue
P.O. Box 4748
Clearwater, FL 34618-4748
Re: East End Project
Dear Pete:
This letter will confirm our telephone conversation in
which you instructed me to cease any and all services on behalf
of the city of Clearwater pertaining to the comedy Hall of Fame
project. You have learned that representatives of the comedy
Hall of Fame are receiving proposals from and making
presentations to other local governments about the project and
possibly placing it in one of those locations. This is
contrary to the representations made by the Hall of Fame project
representatives in your office on November 29th and as repeated,
during our telephone conference with them on December 7th that
they were only considering Clearwater as the home of the Comedy
Hall of Fame. It is my understanding that you have notified the
Hall of Fame personnel that we have stopped all work on this
project.
The schedule we discussed previously contemplated
completing a draft of the development agreement for this project
by January 20th and have it be considered by the city commission
on January 30th. In light of the cessation of work as well as
negotiations with the Hall of Fame that schedule cannot be met.
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Gozza
11, 1995
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instructions
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have ceased
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the status
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all services on this
from you to do otherwise.
of thisproj ec't.
matter until
Please
keep,
'Sincerely yours,
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