04/13/2009
WORK SESSION AGENDA
Council Chambers - City Hall
4/13/2009 - 1:00 PM
1. Presentations
1.1Service Awards
Attachments
1.2Presentation of the City's Annual Financial Report
Attachments
1.3Presentation of GFOA Certificate of Achievement for Excellence in Financial Reporting – 2007 Annual
Financial Report
Attachments
2. Economic Development and Housing
2.1Approve amendments to Code of Ordinances, Division 9A, Sections 2.226 through 2.229 regarding the
Neighborhood and Affordable Housing Advisory Board, pass Ordinance 8068-09 on first reading, and
adopt Resolution 09-20
Attachments
2.2Approve the City of Clearwater’s State Housing Initiatives Partnership Program (SHIP) Local Housing
Assistance Plan covering State Fiscal Years 2009-2012, adopt Resolution 09-21 and authorize the
appropriaate officials to execute same.
Attachments
3. Financial Services
3.1Accept Fleet Utilization Report from Mercury Associates, Inc. (WSO)
Attachments
3.2Authorize the negotiated sale of not to exceed $72,500,000 Water and Sewer Revenue Bonds, Series
2009A and not to exceed $50,000,000 Water and Sewer Revenue Refunding Bonds, Series 2009B, adopt
Resolution 09-12 and authorize the appropriate officials to execute same.
Attachments
3.3Authorize the appropriation of $1,000,000 from Central Insurance fund reserves into project 181-99927 to
provide emergency funding capacity for emergency operations cost in advance of the 2009 hurricane
season. (consent)
Attachments
4. Parks and Recreation
4.1Amend the Community Development Code, Division 11. Public Art and Design Board – Section 5-1103d:
Powers and Duties and pass Ordinance 8026-09 on first reading.
Attachments
5. Police
5.1Amend, repeal and renumber specified articles of Chapter 25, Code of Ordinances, relating to taxicabs
and other public transportation carriers, amend Sections XIII and XXVIII of Appendix A and pass
Ordinance 8060-09 on first reading.
Attachments
5.2Reappoint C.W. “Bill” Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Plan.
(consent)
Attachments
6. Solid Waste/General Support Services
6.1Award a contract (Blanket Purchase Order) to McMullen Oil Company, Inc. of Clearwater, FL for an
amount not to exceed $2,850,000 for the purchase of unleaded and diesel fuel for City Motorized
equipment as per Transport award of City of Clearwater RFP 12-05 during the contract period May 1,
2009 through April 30, 2010 and authorize the appropriate officials to execute same. (consent)
Attachments
6.2Award a contract (Purchase Order) to Kenworth of Central Florida in the amount of $232,872 for the
purchase of one 2009 Autocar ACX64 Cab and Chassis with Labrie 29yd Automizer Side Loader Body in
accordance with Sec. 2.564(1)(d), Code of Ordinances - other governmental bid, authorize lease purchase
under the City's master lease agreement, authorize Risk Management to send a check to Fleet
Maintenance in the amount of $45,757 (Appraised Value) as settlement of the insurance claim, declare
G2562 surplus to the needs of the City and sell remaiing scrap material to the highest bidder and authorize
the appropriate officials to execute same. (consent)
Attachments
7. Public Utilities
7.1Approve the SRF water facilities plan as the planning documents for developing the City’s expanded
water system and improvements projects, certifying all documents necessary to develop the water system
expansion and improvement program and to assure compliance with the State Revolving Fund loan
requirements and adopt resolution 09-18.
Attachments
7.2Approve the SRF wastewater facilities plan as the planning documents for developing the City’s
wastewater system improvements projects, certifying all documents necessary to develop the wastewater
system improvement program and to assure compliance with the State Revolving Fund loan requirements
and Adopt Resolution 09-19.
Attachments
8. Engineering
8.1Approve the Cooperative Funding Agreement (L703) in the amount of $412,875 with the Southwest
Florida Water Management District (SWFWMD) and Pinellas County to share the cost of implementation
of the Allen's Creek Channel Improvement project and authorize the appropriate officials to execute same.
(consent)
Attachments
8.2Approve the Cooperative Funding Agreement between the Southwest Florida Water Management District
(SWFWMD)and the City for the construction of Phase I of the Tropic Hills Drainage Improvements
Project with each party funding $1,250,000 of the $2,500,000 construction cost and authorize the
appropriate officials to execute same. (consent)
Attachments
8.3Approve a contract to Caladesi Construction Company of Largo, Florida, for $1,662,525.45 for the
construction of the Lake Bellevue Branch 6A Stormwater Improvement Project (03-0030-EN), which is
the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate
officials to execute same. (consent)
Attachments
8.4Approve Supplemental Work Order 2 in the amount of $44,290.37 to Wade-Trim, Inc, Engineer of
Record, for engineering, design and construction administration services for the Morningside
Neighborhood Traffic Calming Project (Project number 07-0008-EN) and authorize the appropriate
officials to execute same. (consent)
Attachments
8.5Approve amendments to the Stormwater Capital Improvement Program (CIP) by eliminating FY2009
Stormwater Bond Proceeds and reallocating Stormwater Utility Revenue to current projects and
restructuring the Stormwater CIP due to reprioritization of projects.(consent)
Attachments
9. Planning
9.1Approve a Future Land Use Plan Amendment from the Residential/Office General (R/OG) Classification
to the Institutional (I) Classification and a Zoning Atlas Amendment from the Office (O) District to the
Institutional (I) District for property located at 303 Pinellas Street (Lots 1, 2 and 17, Block B, Westover
Subdivision, Section 21, Township 29 South, Range 15 East), 323 Jeffords Street and 300 Pinellas Street
(Lots 22, 23 and 24, and the East 40 feet of Lots 16 and 18, C. Perry Snell’s Bluff View Court, Section
21, Township 29 South, Range 15 East), and an unaddressed parcel located east of 323 Jeffords Street on
Reynolds Avenue (Lot 8, S.J. Reynolds Subdivision, Section 21, Township 29 South, Range 15 East),
together with vacated right-of-way of Pinellas Street, Sadler Street, and Bay Avenue; Pass Ordinance
8022-09 on first reading rescinding Ordinances 5856-95 and 5857-95, and Pass Ordinances 8023-09 and
8024-09 on first reading. (LUZ2008-11003)
Attachments
10. Official Records and Legislative Services
10.1Appoint Councilmembers as representatives on Regional and Miscellaneous Boards.
Attachments
11. Legal
11.1Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City in the matter
of PIERCE 100, INC., a Florida Condominium Association, on behalf of its Unit Owners v. City of
Clearwater. (consent)
Attachments
12. City Manager Verbal Reports
12.1Clearwater Ratings Reports
Attachments
13. Other Council Action
13.1Other Council Action
Attachments
14. Adjourn
15. Presentation(s) for Council Meeting
15.1Clearwater High School Basketball Team in 2009 State Finals
Attachments
15.2Proclamation: Clearwater and Nagano's 50th Anniversary as Sister Cities
Attachments
15.3Clearwater Poetry Day Proclamation
Attachments
15.4North American Occupational Safety and Health Week Proclamation - Barbara Cooksey, local ASSE
Chapter President
Attachments
15.5Occupational Safety and Health Professional Day Proclamation - Barbara Cooksey, local ASSE Chapter
President
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Veronica Josef Engineering
Ronald Theisen Parks & Recreation
Joseph Ryan Public Utilities
James Deluca Solid Waste
Karen Maldonado Parks & Recreation
Daniel Brown Parks & Recreation
10 Years of Service
Lawrence Labus Parks & Recreation
Cherise Sarnoff Parks & Recreation
Scott Smith Customer Service
Paul Bertels Engineering
Nicole Sprague Official Records & Legislative Svcs.
Theodore Strand Solid Waste/General Svcs./B&M
15 Years of Service
John Witkowski Development Services
David Roberts Public Services
Frederick Belzel Solid Waste/General Svcs.
20 Years of Service
James Houck Police
25 Years of Service
Eleanor Breland Equity Services
Dane Whitt Gas
Lawrence Gallop Engineering
30 Years of Service
Gary Costa Fire
35 Years of Service
Muhammad Abdur-Rahim Public Services
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Presentation of the City's Annual Financial Report
SUMMARY:
The City's External Auditors, Cherry, Bekaert & Holland, L.L.P., will present the results of the audit of the City's 2008 Annual
Financial Report to the Council.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Presentation of GFOA Certificate of Achievement for Excellence in Financial Reporting – 2007 Annual Financial Report
SUMMARY:
The Government Finance Officers Association of the United States and Canada (GFOA) has a certificate program (established in 1945),
which is designed to recognize and encourage excellence in financial reporting by state and local governments. The City of Clearwater
has earned the Certificate of Achievement for Excellence in Financial Reporting for its 2007 annual Financial Report. This is the 29th
year that the City has received this prestigious award.
In order to earn the Certificate of Achievement, the City of Clearwater’s Comprehensive Annual Financial Report had to meet the high
standards of the certificate program. By meeting the standards of the program, the Financial Report is a more useful and understandable
tool for Clearwater’s citizens, the media, and others who have a vital interest in the government. The governing body and taxpayers of
Clearwater should take special pride in the fact that their annual financial reporting document has been judged to be one of the best in its
class. The award gives bond insurers and rating agency comfort and thus insures that the City receives low interest rates on it’s
borrowing.
This award reflects the commitment by many individuals to the highest standards of financial reporting. It reflects the endorsement and
support of elected and appointed officials, and is a tribute to their foresight and leadership. This award also reflects the expertise, high
degree of professionalism, and many hours of hard work by the staff involved in preparing this annual financial report. Achievement of
this award is a tribute to all of them.
The City’s “CAFR” team works diligently each year to complete our financial report. This team is composed of members of the City’s
Finance and Budget departments as well as financial staff from other City departments. The City takes financial responsibility and
accountability very seriously, and therefore, we have placed individuals with financial expertise in various departments around the City.
Many of these individuals are licensed CPA’s. Jay Ravins, Assistant Finance Director for the City of Clearwater has the overall
responsibility for financial reporting for the City.
Our external auditors, Cherry Bekeart and Holland provided assistance in obtaining this award.
Review Approval:1) Clerk
Cover Memo
Attachment number 1
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Attachment number 1
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Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve amendments to Code of Ordinances, Division 9A, Sections 2.226 through 2.229 regarding the Neighborhood and Affordable
Housing Advisory Board, pass Ordinance 8068-09 on first reading, and adopt Resolution 09-20
SUMMARY:
The City Council passed Ordinance 7981-08 and adopted Resolution 08-15 in June 2008 which appointed the Neighborhood and
Affordable Housing Advisory Board (NAHAB) as the Affordable Housing Advisory Committee (AHAC) and added four additional
members in order to comply with Florida Statute 420.9076. The AHAC reviewed the city's policies, procedures, and land development
regulations and made recommendations to the City Council in a December 2008 report regarding strategies to encourage affordable
housing. Subsequent amendments to the City's Local Housing Assistance Plan (LHAP) have been made as a result of the AHAC's
report.
Now that the AHAC has completed its work for the FY 2008-09 period, the 11-member AHAC can be reduced back to the 7-member
NAHAB in order to be more effective with the administration of the advisory board and its duties.
Significant changes to the code of ordinances governing the NAHAB include:
-NAHAB will be reduced to seven members in the following categories:
1. Residential home building
2. Banking or mortgage industry
3. Advocate for low-income persons
4. Not-for-profit provider of affordable housing
5. Real estate professional
6. City of Clearwater resident
7. Employer representative
-Triennially, the NAHAB will be able to sit separately as the AHAC, augmented by four additional members in the following
categories to continue to meet state statute requirements:
1. Reprentative of labor in connection with home building
2. For-profit provider of affordable housing
3. Representative of the local planning agency
4. Representative of essential services personnel
Additionally, the ordinance describes the duties of the AHAC: to review the city's policies, procedures, and land development code and
present recommendations to the City Council.
Duties of the NAHAB will remain the same as before, generally reviewing the city's affordable housing programs and projects and
making recommendations to the City Council.
Resolution 09-20 acknowledges that the work of the AHAC has been completed and terminates their appointments.
The seven NAHAB members will be appointed at the next Council meeting after second reading of Ordinance 8068-09.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Ordinance No. 8068-09
ORDINANCE NO. 8068-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE NEIGHBORHOOD AND AFFORDABLE
HOUSING ADVISORY BOARD; AMENDING CODE OF
ORDINANCES, ARTICLE 2, DIVISION 9A, SECTIONS 2.226
THROUGH 2.229; DECREASING THE NUMBER OF BOARD
MEMBERS FROM ELEVEN TO SEVEN, TO BE AUGMENTED
TRIENNIALLY BY APPOINTMENT OF FOUR COMMITTEE
MEMBERS BY RESOLUTION; AMENDING POWERS AND
DUTIES OF THE BOARD; PROVIDING FOR TRIENNIAL
APPOINTMENT OF ADDITIONAL BOARD MEMBERS TO
SERVE AS THE AFFORDABLE HOUSING ADVISORY
COMMITTEE AND PROVIDING FOR COMMITTEE POWERS
AND DUTIES; PROVIDING FOR THE TERMINATION OF TERMS
FOR THE ADDITIONAL COMMITTEE MEMBERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7981-08 added certain distribution requirements and
established the Neighborhood and Affordable Housing Advisory Board as the Affordable
Housing Advisory Committee; and
WHEREAS, it is advisable to provide that the Affordable Housing Advisory
Committee shall be constituted only every three years, as statutorily mandated, and to
provide for termination of terms of the Committee following completion of its periodic duties;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Code of Ordinances, Division 9A, Sections 2.226 through 2.229, is
hereby amended to read as follows:
DIVISION 9A. NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD
Sec. 2.226. Creation; membership.
(1) There is hereby created and established the Neighborhood and Affordable Housing
Advisory Board of the City of Clearwater.
(2) The board shall consist of a minimum of seven eleven members, and augmented
by four members triennially appointed by resolution of the city council pursuant to
Section 2.228(4), who are residents of or conduct work in the city. Members shall be
appointed by the city council. The board shall include the following:
1. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
Attachment number 1
Page 1 of 5
Ordinance No. 8068-09 2
2. One citizen who is actively engaged in the banking or mortgage industry in
connection with affordable housing.
3. One citizen who is a representative of those areas of labor engaged in home
building in connection with affordable housing.
3. 4. One citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
5. One citizen who is actively engaged as a for-profit provider of affordable housing.
4. 6. One citizen who is actively engaged as a not-for-profit provider of affordable
housing.
5. 7. One citizen who is actively engaged as a real estate professional in connection
with affordable housing.
8. One citizen who serves on the local planning agency pursuant to F.S. § 163.3174.
6. 9. One citizen who resides within the City of Clearwater.
7. 10. One citizen who represents employers within the City of Clearwater.
11. One citizen who represents essential services personnel, as defined in the local
housing assistance plan.
* * * * * * * * *
Sec. 2.228. Powers and duties. The board shall have the following powers and duties:
The board shall have the following powers and duties: Every three years the
board shall review the established policies and procedures, ordinances, land
development regulations, and adopted local government comprehensive plan of the city
and shall recommend specific actions or initiatives to encourage or facilitate affordable
housing while protecting the ability of the property to appreciate in value. The board
shall submit a report to the city that includes recommendations on and triennially
thereafter evaluates the implementation of affordable housing incentives in the following
areas;
(a) The processing of approvals of development orders or permits and
expedited permitting for affordable housing projects.
(b) The modification of impact fee requirements, including reduction or
waiver of fees and alternative methods of fee payment for affordable
housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very-low
income persons, low-income persons, and moderate income persons.
(e) The allowance of affordable accessory residential units in residential
zoning districts.
(f) The reduction of parking and setback requirements for affordable
housing.
Attachment number 1
Page 2 of 5
Ordinance No. 8068-09 3
(g) The allowance of flexible lot configurations, including zero-lot line
configurations for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which the city considers, before
adoption, policies, procedures, ordinances, regulations, or plan provisions
that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands
suitable for affordable housing.
(k) The support of development near transportation hubs and major
employment centers and mixed-use developments.
The approval by the board of the city's local incentive strategies
recommendations and its review of local government implementation of previously
recommended strategies must be made by affirmative vote of a majority of the
membership of the board taken at a public hearing. Notice of the time, date, and place
of the public hearing of the board to adopt final housing incentive strategies
recommendations must be published in a newspaper of general paid circulation in
Pinellas County. The notice must contain a short and concise summary of the housing
incentive strategies recommendations to be considered by the board. The notice must
state the public place where a copy of the tentative board recommendations can be
obtained by interested persons. Within 90 days after the date of receipt of the housing
incentive strategies recommendations from the board, the city council shall adopt an
amendment to its local housing assistance plan to incorporate the housing incentive
strategies it will implement.
In addition, the board may:
* * * * * * * * * *
(4) Carry out the duties of an advisory committee when and to the extent that an
advisory committee may be required for the various state, federal and county housing
and community development programs funding the city receives.
Every three years, the Board shall sit separately as the Affordable Housing Advisory
Committee (AHAC) according to Florida Statute 420.9076. In addition to the seven
members, four additional committee members will be appointed by resolution of the city
council in the following categories:
(1) One citizen who is a representative of those areas of labor engaged in home
building in connection with affordable housing.
(2) One citizen who is actively engaged as a for-profit provider of affordable
housing.
(3) One citizen who serves on the local planning agency pursuant to F.S. §
163.3174.
(4) One citizen who represents essential services personnel, as defined in the
local housing assistance plan.
Attachment number 1
Page 3 of 5
Ordinance No. 8068-09 4
The AHAC shall have the following powers and duties:
Review the established policies and procedures, ordinances, land development
regulations, and adopted local government comprehensive plan of the city and shall
recommend specific actions or initiatives to encourage or facilitate affordable housing
while protecting the ability of the property to appreciate in value. The board shall submit
a report to the city that includes recommendations on and triennially thereafter
evaluates the implementation of affordable housing incentives in the following areas:
(a) The processing of approvals of development orders or permits and expedited
permitting for affordable housing projects.
(b) The modification of impact fee requirements, including reduction or waiver of
fees and alternative methods of fee payment for affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very-low income
persons, low-income persons, and moderate-income persons.
(e) The allowance of affordable accessory residential units in residential zoning
districts.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero-lot line
configurations for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which the city considers, before adoption,
policies, procedures, ordinances, regulations, or plan provisions that increase the cost
of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for
affordable housing.
(k) The support of development near transportation hubs and major employment
centers and mixed-use developments.
The approval by the board of the city's local incentive strategies recommendations and
its review of local government implementation of previously recommended strategies
must be made by affirmative vote of a majority of the membership of the board taken at
a public hearing. Notice of the time, date, and place of the public hearing of the board to
adopt final housing incentive strategies recommendations must be published in a
newspaper of general paid circulation in Pinellas County. The notice must contain a
short and concise summary of the housing incentive strategies recommendations to be
considered by the board. The notice must state the public place where interested
persons can obtain a copy of the tentative board recommendations. Within 90 days after
the date of receipt of the housing incentive strategies recommendations from the board,
the city council shall adopt an amendment to its local housing assistance plan to
incorporate the housing incentive strategies it will implement.
The appointment of these four (4) additional members shall terminate upon the
adoption at the end of each three-year review by the City Council of the amendments to
the Local Housing Assistance Plan.
Attachment number 1
Page 4 of 5
Ordinance No. 8068-09 5
* * * * * * * * *
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 5 of 5
Resolution No. 09-20
RESOLUTION NO. 09-20
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING THE AFFORDABLE HOUSING
ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF
THE STATE PROGRAM; PROVIDING THAT THE TERMS
OF THE AFFORDABLE HOUSING ADVISORY
COMMITTEE MEMBERS APPOINTED IN RESOLUTION
NO. 08-15 SHALL EXPIRE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Resolution No. 08-15 appointed certain members of the Affordable
Housing Advisory Committee; and
WHEREAS, said committee has completed its work for the 2008 – 2009 review
period, and Ordinance No. 8068-09 provides for the periodic reconstitution of said
committee, and it is no longer necessary that the members appointed by Resolution No.
08-15 serve; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The terms of the members of the Neighborhood and Affordable
Housing Board appointed as members of the Affordable Housing Advisory Committee
shall expire on the effective date of this Resolution.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve the City of Clearwater’s State Housing Initiatives Partnership Program (SHIP) Local Housing Assistance Plan covering State
Fiscal Years 2009-2012, adopt Resolution 09-21 and authorize the appropriaate officials to execute same.
SUMMARY:
Florida statute 420.907-9079 requires counties and cities receiving State Housing Initiatives Partnership (SHIP) funds to develop a 3-
year Local Housing Assistance Plan (LHAP) outlining strategies for how funds will be used.
The City receives an annual allocation from the State of Florida through the Florida Housing Finance Corporation (FHFC) each year.
For fiscal year 2008-2009, the City is expected to receive approximately $975,692. The City expends SHIP funds per the strategies
outlined in the LHAP. Our current LHAP covers state fiscal years 2006-2009.
This new LHAP will cover state fiscal years 2009-2012. The strategies outlined in the new LHAP are a continuation of our current
LHAP. All changes made within the 2009-2012 LHAP will be retroactive to the 2006-2009 LHAP. The strategies include:
Down Payment & Closing Costs Assistance For Newly Constructed Homes: The City will use SHIP funds to provide down
payment and closing costs assistance to eligible first time homebuyers purchasing a newly constructed home.
Down Payment & Closing Costs Assistance With or Without Rehabilitation: The City will use SHIP funds to provide down
payment, closing costs and rehabilitation assistance for existing homes.
Replacement Housing: The City will provide SHIP funds for replacement of dilapidated single-family structures for eligible
households.
Rehabilitation Assistance: The City will provide SHIP funds for the rehabilitation of owner-occupied single-family residences.
Foreclosure PreventionAssistance: The City will provide SHIP funds to assist households who are existing program
participants that are experiencing mortgage payment delinquency.
Multi-Family Housing: The City will provide SHIP loans to support the acquisition, rehabilitation and new construction of
rental housing.
Disaster Mitigation: In the case of natural or man-made disasters, this strategy will utilize SHIP funding for emergency or
interim repairs.
Per statute, the City Council is being asked to adopt by resolution the LHAP for state fiscal years 2009-2012.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
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Page 1 of 3
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Attachment number 1
Page 3 of 3
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Attachment number 2
Page 1 of 3
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Attachment number 2
Page 2 of 3
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Attachment number 2
Page 3 of 3
LHAP Template 6/06
Exhibit F
67-37.005 F.A.C.
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
EXHIBIT “F” INFORMATION SHEET
LOCAL GOVERNMENT: City of Clearwater
CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): FRANK V. HIBBARD
ADDRESS: 112 S. Osceola Avenue, Clearwater, Florida 33756
SHIP ADMINISTRATOR: Terry Malcolm-Smith, Housing Coordinator
ADDRESS: 112. S. Osceola Avenue, Clearwater, Florida 33856
_____________________________________________________________________________
TELEPHONE:(727) 562-4036 FAX:(727) 562-4037
EMAIL ADDRESS: terry.malcolm-smith@myclearwater.com
ADDITIONAL SHIP CONTACTS James R. Donnelly
ADDRESS: 112. S. Osceola Avenue, Clearwater, Florida 33756
EMAILADDRESS:jim.donnelly@myclearwater.com
INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter-local agreement):
________________________________________________________________________________________
The following information must be furnished to the Corporation before any funds can be disbursed.
LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000289
MAIL DISBURSEMENT TO: _______________________________________________________________
ADDRESS: _____________________________________________________________________________
________________________________________________________________________________________
OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM:
X NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED.
Provide any additional updates the Corporation should be aware of in the space below:
___________________________________________________________________________________________
___________________________________________________________________________________________
_________________________________________________________________________________________
Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000
TALLAHASSEE, FL 32301 Fax: (850) 922-7253
Attachment number 3
Page 1 of 1
67-37.005(9) FAC
8/04
Exhibit “I” DISASTER SELF- CERTIFICATION OF INCOME FORM
(Provided for use by Florida Housing Finance Corporation)
(To be completed by adult household members only, if appropriate.)
Household Name _______________________________________ Local Government ____________________________________
1. □ I hereby certify that I am a victim of _____________________
2. I will receive income from the following sources over the next 12 months: (Circle Y (yes) or N (no) for each statement):
Y N Wages from employment (including commissions, tips, bonuses, fees, etc.);
Y N Income from operation of a business;
Y N Rental income from real or personal property;
Y N Interest or dividends from assets;
Y N Social Security payments, annuities, insurance policies, retirement funds, pensions, or death benefits;
Y N Unemployment or disability payments;
Y N Public assistance payments;
Y N Periodic allowances such as alimony, child support, or gifts received from persons not living in my household;
Y N Sales from self-employed resources (For example: Avon, Mary Kay, Shaklee, etc.);
Y N Any other source not named above.
Y N I currently have no income of any kind and there is no imminent change expected in my financial status or
employment status during the next 12 months.
Please explain any Y (yes) answers and list the annual amounts: ________________________________________________
___________________________________________________________________________________________________.
3. □ I certify that I have provided income documentation for all income sources (For example: W-2 Forms, paycheck stubs,
earnings statements, etc); or
□ I certify that I am unable to provide complete: 3rd party verification or income documentation.
4. I will be using the following sources of funds to pay for rent and other necessities:
Therefore I certify my anticipated gross annual income for the next 12 months to be: $__________________.
Under penalty of perjury, I certify that the information presented in this certification is true and accurate to the best of my knowledge.
The undersigned further understand(s) that providing false representations herein constitutes an act of fraud. False, misleading or
incomplete information may result in the termination of a lease agreement. The information provided is subject to verification by the
county or eligible municipality.
Signature of Applicant Printed Name of Applicant Date
FOR AN OATH OR AFFIRMATION:
STATE OF FLORIDA
COUNTY OF____________________
Sworn to (or affirmed) and described before me this____ day of ______, 20___, by _____________________________.
(NOTARY SEAL) Signature__________________________________
__________________________________
Name of Notary (Typed, Printed, or Stamped)
Personally Known ________OR Produced Identification_________
Type of Identification Produced_____________________________
Attachment number 4
Page 1 of 1
Resolution No. 09-21
RESOLUTION NO. 09-21
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE CITY OF CLEARWATER
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN COVERING STATE
FISCAL YEARS 2009-2012; AMENDING STATE FISCAL
YEARS 2006-2009 FOR CONSISTENCY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William
E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Law,
allocating a portion of documentary stamp taxes on deeds to local governments for the
development and maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss.420.907-9079,
Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires
local governments to develop a one to three year Local Housing Assistance Plan
outlining how funds will be used, and
WHEREAS, the AFFORDABLE HOUSING ADVISORY COMMITTEE has met its
statutory and organizational assignments by preparing a set of recommendations to the
City Council addressing affordable housing incentives and associated issues; and
WHEREAS, the City wishes to make any and all changes within the 2009-2012
Local Housing Assistance Plan retroactive to the 2006-2009 Local Housing Assistance
Plan for administrative consistency; and
WHEREAS, Section 420.9075(7), Florida Statutes, provides that the City may
use five percent (5%) of its annual SHIP allocations for administrative expenses.
Florida Statutes also provides that if the City Council makes a finding, by resolution,
that five percent (5%) is not sufficient to cover the administrative costs, the City may
take up to ten percent (10%) of its annual allocation for administration plus five percent
(5%) of program income; and
WHEREAS, the City of Clearwater finds that five percent (5%) of the SHIP funds
are insufficient to adequately pay the necessary costs of administering the City’s SHIP
program. The City of Clearwater finds it necessary to increase up to but not to exceed
ten percent (10%) of local housing distributions deposited in the trust fund to cover
administrative costs; and
WHEREAS, the maximum sales prices and values for new and existing homes
associated with the LOCAL HOUSING ASSISTANCE PLAN covering Fiscal Years
2009-2012, shall be those as utilized by the U.S. Treasury, as amended and updated,
now, therefore,
Attachment number 5
Page 1 of 2
Resolution No. 09-21 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City of Clearwater hereby approves the Local Housing
Assistance Plan, as attached hereto and incorporated herein for submission to the
Florida Housing Finance Corporation as required by ss. 420.907-420.9079, Florida
Statutes, for state fiscal years 2009-10, 2010-11 and 2011-12.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2009.
______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Laura Mahony Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 5
Page 2 of 2
CITY OF CLEARWATER
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
FISCAL YEARS COVERED
2009-2012
Attachment number 6
Page 1 of 25
1
I. PROGRAM DESCRIPTION:
A. Name of the participating local government and Interlocal if Applicable:
__________City of Clearwater________________________
Interlocal: Yes __ No X
Name of participating local government(s) in the Interlocal Agreement:
Not Applicable___________________________
B. Purpose of the program:
Creation of the Plan is for the purpose of meeting the housing needs of the very
low, low and moderate-income households, to expand production of and preserve
affordable housing, to further the housing element of the City of Clearwater
comprehensive plan specific to affordable housing.
The City’s LHAP has the following goals:
• Increase homeownership in the City of Clearwater
• Preserve, increase and rehabilitate the City’s housing stock, especially
what is available for very-low, low and moderate-income families
• Promote better livable opportunities in the targeted areas
• Promote affordable housing for renters and homebuyers
• Provide opportunities for households to obtain or remain in their homes/
rental units
• Provide housing opportunities for the City’s homeless population or those
at risk of becoming homeless
• Provide a match required by federal programs
C. Fiscal years covered by the Plan:
2009-2010
2010-2011
2011-2012
D. Governance:
The SHIP Program is established in accordance with Section 420.907-9079,
Florida Statutes and Chapter 67-37.007 Florida Administrative Code.
The SHIP Program does further the housing element of the local government
Comprehensive Plan.
Cities and Counties must be in compliance with these applicable statutes and
Attachment number 6
Page 2 of 25
2
rules.
E. Local Housing Partnership:
SHIP Program encourages building active partnerships between government,
lenders, builders and developers, real estate professionals, advocates for low-
income persons and community groups.
The City of Clearwater’s local housing partnerships consists of organizations and
individuals that are involved in the development of affordable housing or
resources related to affordable housing. Some of our key partners include:
nonprofits, lenders, realtors, builders/contractors, professional services providers,
and other government agencies.
F. Leveraging:
The Plans are intended to increase the availability of affordable residential units
by combining local resources and cost saving measures into a local housing
partnership and using public and private funds to reduce the cost of housing.
SHIP funds may be leveraged with or used to supplement other Florida Housing
Finance Corporation programs and to provide local match to obtain federal
housing grants or programs.
G. Public Input:
Public input was solicited through face-to-face meetings with housing providers,
social service providers and local lenders and the City’s Neighborhood Affordable
Advisory Board. Additionally public input was solicited through the St.
Petersburg Times for the Notice of Funding Availability.
Information and records, relating to our proposed use of funds, is made accessible
for the public to view.
H. Advertising and Outreach:
The county or eligible municipality or its administrative representative shall
advertise the notice of funding availability in a newspaper of general circulation
and periodicals serving ethnic and diverse neighborhoods, at least 30 days before
the beginning of the application period. If no funding is available due to a waiting
list, no notice of funding availability is required.
I. Discrimination:
In accordance with the provisions of ss.760.20-760.37, the City of Clearwater finds it
is unlawful to discriminate on the basis of race, creed, religion, color, age, sex,
marital status, familial status, national origin, or handicap in the award application
process for eligible housing.
Attachment number 6
Page 3 of 25
3
J. Support Services and Counseling:
Support services are available from various sources. Available support services
may include but are not limited to:
Homebuyers Education/Credit Counseling – Through Tampa Bay Community
Development Corporation, Clearwater Neighborhood Housing Services,
Community Service Foundation and Consumer Credit Counseling Services, the
homebuyer counseling and credit counseling programs are made available to all
prospective homebuyers of all income levels with a special effort to include the
disabled, elderly, those with special needs and those of very-low to moderate
income. A homebuyer’s counseling and education certificate is awarded to each
prospective homebuyer whether or not that prospective buyer obtains financial
assistance.
Elderly Services – Pinellas Opportunity Council (POC) assists elderly persons
with maintaining their homes in a safe and sanitary condition, allowing the elderly
to remain independent and to avoid pre-mature institutionalization. POC services
include the removal of accumulated debris including old appliances, tires,
building material, furniture and other trash. The goal of POC is to assist the low-
income elderly Clearwater population in maintaining a decent, independent living
environment.
Fair Housing – Gulfcoast Legal Services Housing Preservation project seeks to
provide legal assistance for low to moderate income residents of Clearwater who
are victims of predatory lending practices, persons who are experiencing or who
have experienced discrimination and/or fraud in housing and to remedy these
matters through negotiation, mediation or litigation and to assist residents in
filling out complaints regarding violations of fair housing laws.
Homeless Services – Homeless Emergency Project and Clearwater Homeless
Intervention Project provide many services for the homeless population in
Clearwater. These services include assisting individuals into independent living
on a permanent basis. They also provide educational programs and large group
workshops that address the needs of the homeless and financially disadvantaged,
leading to greater chances of self-sufficiency and maintaining family continuity.
K. Purchase Price Limits:
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% of the average area purchase price in the statistical
area in which the eligible housing is located. Such average area purchase price
may be that calculated for any 12-month period beginning not earlier than the
fourth calendar year prior to the year in which the award occurs. The sales price
of new and existing units, which can be lower but may not exceed 90% of the
median area purchase price established by the U.S. Treasury Department or as
Attachment number 6
Page 4 of 25
4
described above.
The methodology used is:
___ Independent Study (copy attached)
X_ U.S. Treasury Department
___ Local HFA Numbers
The purchase price limit for new and existing homes is shown on the Housing
Delivery Goals Charts.
L. Income Limits, Rent Limits and Affordability:
The Income and Rent Limits used in the SHIP Program are updated annually from
the Department of Housing and Urban Development and distributed by Florida
Housing Finance Corporation. Affordable means that monthly rents or mortgage
payments including taxes and insurance do not exceed 30 percent of that amount
which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it
is not the intent to limit an individual household’s ability to devote more than
30% of its income for housing, and housing for which a household devotes more
than 30% of its income shall be deemed Affordable if the first institutional
mortgage lender is satisfied that the household can afford mortgage payments in
excess of the 30% benchmark and in the case of rental housing does not
exceed those rental limits adjusted for bedroom size.
M. Welfare Transition Program:
Should a eligible sponsor be used, the city/county has developed a qualification
system and selection criteria for applications for Awards to eligible sponsors,
which includes a description that demonstrates how eligible sponsors that
employed personnel from the Welfare Transition Program will be given
preference in the selection process.
N. Monitoring and First Right of Refusal:
In the case of rental housing, the staff or entity that has administrative authority
for implementing the local housing assistance plan assisting rental developments
shall annually monitor and determine tenant eligibility or, to the extent another
governmental entity provides the same monitoring and determination, a
municipality, county or local housing financing authority may rely on such
monitoring and determination of tenant eligibility. However, any loan or
grant in the original amount of $3,000 or less shall not be subject to these
annual monitoring and determination of tenant eligibility requirements. Tenant
eligibility will be monitored for at least annually for 15 years or the term of
assistance whichever is longer unless as specified above.
Attachment number 6
Page 5 of 25
5
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal
to eligible nonprofit organizations for purchase at the current market value for
continued occupancy by eligible persons.
O. Administrative Budget:
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an annual basis for
each State fiscal year submitted.
The City of Clearwater finds that the moneys deposited in the local housing
assistance trust fund shall be used to administer and implement the local housing
assistance plan. In accordance with Section 420.9075 Florida Statute and Chapter
67-37, Florida Administrative Code, a county or an eligible municipality may not
exceed the 5 percent limitation on administrative costs, unless its governing body
finds, by resolution, that 5 percent of the local housing distribution plus 5 percent
of program income is insufficient to adequately pay the necessary costs of
administering the local housing assistance plan. The cost of administering the
program may not exceed 10 percent of the local housing distribution plus 5% of
program income deposited into the trust fund, except that small counties, as
defined in s. 120.52(17), and eligible municipalities receiving a local housing
distribution of up to $350,000 may use up to 10 percent of program income for
administrative costs.
The City of Clearwater City Council finds, by resolution, that five (5) percent of
the local housing distribution plus five (5) percent of program income is
insufficient to adequately pay the necessary costs of administrating the local
housing assistance plan. The Council has adopted a resolution that states that the
cost of administering the program may not exceed ten (10) percent of the local
housing distribution plus five (5) percent of program income deposited into the
trust fund.
The city has adopted the above findings in the attached resolution, Exhibit E.
P. Program Administration:
Administration of the local housing assistance plan is the responsibility of the city.
Should a third party entity or consultant contract for all of part of the
administrative or other functions of the program provide in detail the duties,
qualification and selection criteria.
Q. Essential Service Personnel:
Define in accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-
37.005(8), F.A.C. and Section 420.9075(3)(a) FS.
Attachment number 6
Page 6 of 25
6
Essential Services Personnel means persons whose household income do not
exceed 120% of AMI, as updated annually from the Department of Housing and
Urban Development and distributed annually by the Florida Housing Finance
Corporation and adjusted for family size, including: teachers and educators; other
school district and university employees; police and fire personnel; health care
personnel; construction industry personnel; Federal, State, County, and local
government personnel; utility system (water/sewer, electrical, communication,
etc.) personnel; information technology industry personnel; child care personnel;
retail workers; tourism industry personnel; food service personnel; the
occupations in demand with the most employees; the occupations in demand
gaining the most new jobs according to the Agency for Workforce Innovation
(AWI); and personnel in other industries deemed essential by the City of
Clearwater based on the local economy.
II. LHAP HOUSING STRATEGIES:
A. Name of the Strategy: DOWN PAYMENT & CLOSING COST ASSISTANCE
FOR NEWLY CONSTRUCTED HOMES.
a. Summary of the Strategy: The City of Clearwater, through its housing programs
and through eligible developers and sub-recipients, will use SHIP funds for the development of
new housing units. These costs may include acquisition, site improvements, building costs and
down payment and closing cost assistance to eligible very-low, low and moderate-income
homebuyers.
The City may loan funds to eligible developers for the construction of new housing units, and in
some cases, acquisition of vacant properties and the associated infrastructure and costs for new
housing development. It may be necessary to grant all, or portion of, the SHIP funds associated
with infrastructure costs in any development. At no time shall the amount of assistance that is
“left-behind” to the eligible household exceed the maximum subsidy levels established in this
plan for this strategy.
The City may also provide funding for assistance to homebuyers for down payment and/or
closing costs, including, but not limited to, prepaid items and construction interest. Interest rate
buy-downs will also be an eligible activity under this strategy.
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
c. Income Categories to be served:
This strategy will serve all eligible homebuyers with incomes at or below 120% of area median
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
The maximum award is not automatically provided. It is not the intent of the City to over
subsidize a household, where in the absence of the subsidy, a household would be able to afford
Attachment number 6
Page 7 of 25
7
the level of debt associated with the home that they are seeking to obtain, based on normal
underwriting practices. The amount of subsidy should be the difference of what a household can
afford in terms of a first mortgage and the purchase price, less any borrower contribution, plus up
to 3% of the purchase price for closing costs.
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads to
foreclosure and/or loss of property ownership).
Deferred payment, grant, low-interest second or third mortgages will be available to eligible
homebuyers for down payment and closing cost assistance with the following stipulations:
• City loan term is not to exceed 30 years
• Loans will be secured by a mortgage and note with the mortgage recorded in the
public records of Pinellas County, Florida until satisfied
• Repayment of the entire principal balance of the loan is due and payable:
-Upon sale or transfer of title
-Property is vacated and no longer the primary residence of the borrower
-Property is converted into a rental unit
-Any refinancing with cash out or debt consolidation
The City has determined the following terms and provisions for program income versus
recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is no longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the State Fiscal Year they are received as appropriate for Annual Reporting
purposes.
f. Recipient Selection Criteria: Assistance is provided on a first-come, first-served
basis. All recipients will be income eligible and will be selected using the City’s Housing Pool
underwriting guidelines, policies and procedures.
1. To qualify for assistance, the eligible program participant must meet the City’s
definition of a first time homebuyer:
• A first time homebuyer is an applicant who has not owned a home in the last
three (3) years, except in the case of a person who has experienced some form
of hardship.
2. The property is located within the city limits of Clearwater.
Attachment number 6
Page 8 of 25
8
3. The applicant must have completed a Homebuyers Education class approved by
the City.
4. The purchased property must meet all applicable building codes and a “Certificate
of Occupancy” is issued prior to occupancy.
g. Sponsor Selection Criteria, if applicable: Include qualification system and selection
criteria for applications for Awards to eligible sponsors.
All program sponsors or sub-recipients will be selected using the City’s Consolidated Action
Plan Application. Eligible sub-recipients or sponsors that provide assistance under this program
will be required to contractually commit and comply with all SHIP program requirements.
Criteria include:
• The not-for-profit corporation must have received a tax-exempt ruling from
the Internal Revenue Service (IRS) under section 501c(3) of the Internal
Revenue code.
• The for-profit corporation must be organized and established under the laws of
the State of Florida.
• The not-for-profit or for-profit corporation must have financial accountability
standards that permit the Economic Development & Housing Department to
verify organizational capacity for project implementation.
h. Additional Information:
Other state, federal, county, private and homeowners contributions may be leveraged
with SHIP funds.
B. Name of the Strategy: DOWN PAYMENT & CLOSING COSTS ASSISTANCE
FOR EXISTING HOMES WITH OR WITHOUT REHABILITATION
a. Summary of the Strategy: The City of Clearwater, through its housing programs and
through its sub-recipients, will use SHIP funds to provide down payment and closing costs
assistance (including prepaid items) to eligible very-low, low and moderate-income homebuyers.
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
c. Income Categories to be served:
This strategy will serve all eligible homebuyers with incomes at or below 120% of area median
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
The maximum award is not automatically provided. It is not the intent of the City to over
subsidize a household where in the absence of the subsidy, a household would be able to afford
the level of debt associated with the home that they are seeking to obtain, based on normal
Attachment number 6
Page 9 of 25
9
underwriting practices. The amount of subsidy should be the difference of what a household can
afford in terms of first mortgage and the purchase price, less any borrower contribution, plus up
to 3% of the purchase price for closing costs.
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads to
foreclosure and/or loss of property ownership).
Deferred payment and low-interest second or third mortgages will be available to eligible
homebuyers for down payment and closing costs assistance with the following stipulations:
• City loan term is not to exceed 30 years
• Loans will be secured by a mortgage and note with the mortgage recorded in the
public records of Pinellas County, Florida until satisfied
• Repayment of the entire principal balance of the loan is due and payable:
-Upon sale or transfer of title
-Property is vacated and no longer the primary residence of the borrower
-Property is converted into a rental unit
-Any refinancing with cash out or debt consolidation
The City has determined the following terms and provisions for program income versus
recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is no longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the State Fiscal Year they are received as appropriate for Annual Reporting
purposes.
f. Recipient Selection Criteria: Assistance is provided on a first-come, first-served
basis. All recipients will be income eligible and will be selected using the City’s Housing Pool
underwriting guidelines, policies and procedures.
1. To qualify for assistance, the eligible program participant must meet the City’s
definition of a first time homebuyer:
• A first time homebuyer is an applicant who has not owned a home in the last
three (3) years, except in the case of a person who has experienced some form
of hardship.
2. Property must be located within the city limits of Clearwater.
3. The applicant must have completed a Homebuyers Education class approved by
Attachment number 6
Page 10 of 25
10
the City.
4. The purchased property must meet all applicable building codes. Any deficiencies
must be corrected prior to, or as part of, the purchase transaction.
g. Sponsor Selection Criteria, if applicable: Include qualification system and selection
criteria for applications for Awards to eligible sponsors.
All program sponsors or sub-recipients will be selected using the City’s Consolidated Action
Plan Application. Eligible sub-recipients or sponsors that provide assistance under this program
will be required to contractually commit and comply with all SHIP program requirements.
Criteria include:
• The not-for-profit corporation must have received a tax-exempt ruling from
the Internal Revenue Service (IRS) under section 501c(3) of the Internal
Revenue code.
• The for-profit corporation must be organized and established under the laws of
the State of Florida.
• The not-for-profit or for-profit corporation must have financial accountability
standards that permit the Economic Development & Housing Department to
verify organizational capacity for project implementation.
h. Additional Information:
Other state, federal, county, private and homeowners contributions may be leveraged with SHIP
funds.
C. Name of the Strategy: REPLACEMENT HOUSING
a. Summary of the Strategy: Due to the aging housing stock of very-low to
moderate-income households, a portion of SHIP funds will be used for the replacement of
dilapidated single-family structures. Funds may also be used to assist with acquisition,
demolition and construction.
The City will provide for the replacement of housing units for eligible very-low, low and
moderate-income persons. The City of Clearwater shall award funds to demolish and reconstruct
and/or develop owner-occupied housing that is found to be code deficient to the point that
rehabilitation is not economically feasible and/or meets one or more of the following:
• Poses threat of the health, safety and welfare of the occupants
• Cost of the repairs exceed 50% of the property value
• Is declared “unsafe” by the code enforcement official
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
c. Income Categories to be served:
This strategy will serve all eligible recipients with incomes at or below 120% of area median
Attachment number 6
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11
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads to
foreclosure and/or loss of property ownership)
Direct loan, grant, deferred payment or low-interest first or second mortgage will be available to
eligible recipients. Deferred payment loans may be available to those individuals who cannot
qualify for a conventional first mortgage loan upon making an application to at least two (2)
lenders. Deferred payment loans will be offered in the form of zero (0%) percent with provisions
for the recipient to make monthly payments to cover annual property taxes and homeowners
insurance. Partial grants will be typically used when a hardship exist, or for households who are
considered Special Needs. In the event of sale, transfer or lease of property, the recipient must
abide by the City’s loan and/or grant documents, which dictate conditions that will constitute
repayment.
The City has determined the following terms and provisions for program income versus
recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is no longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the State Fiscal Year they are received as appropriate for Annual Reporting
purposes.
f. Recipient Selection Criteria: Assistance is provided on a first-come, first-served
basis. All recipients will be income eligible and will be selected using the City’s Housing Pool
guidelines, policies and procedures.
• Single-family detached unit
• Property must be located within the city limits of Clearwater
• Structure shall comply with the definition of an affordable unit
• Structure or property poses threat to the public’s health, safety and welfare
• The amount of mortgages and liens, including SHIP funding assistance
shall not exceed 110% of the after loan-to-value ratio
• Applicant must make an attempt to obtain the maximum loan financing
through private lenders. Proof of applicant’s attempts to obtain such
Attachment number 6
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12
financing must be evidenced by either:
• Lender approval letter for maximum qualifying loan amount
• Lender denial letters from two lending sources
• Priority may be given to properties located within the target areas of the
City of Clearwater
• At a minimum, the homeowner should afford the monthly escrow for
property taxes and hazard insurance.
g. Sponsor Selection Criteria, if applicable: Include qualification system and
selection criteria for applications for Awards to eligible sponsors.
Sponsor selection criteria are not applicable. The City of Clearwater processes all requests
internally.
h. Additional Information:
SHIP funds expended may be used as gap financing with private funds and/or match for HOME
funds. Temporary relocation benefits may be made available to eligible households according to
the City’s Relocation Policy.
D. Name of the Strategy: OWNER-OCCUPIED REHABILITATION
a. Summary of the Strategy: The City of Clearwater, through its affordable housing
programs and through its housing pool providers, will provide funds for the rehabilitation of
existing owner-occupied single-family residences located within the City limits of Clearwater.
The City will award funds for rehabilitation to owner-occupied, income eligible households on a
first-come, first-served preference.
Funds for assistance may be used by the homeowner for housing rehabilitation such as, but not
limited to, the following:
• Correct housing code deficiencies
• Eliminate incipient housing code violations
• Eliminate conditions having a demonstrative blighting influence
• Replace housing elements which are nearing end of their useful life
• Adapt the residence to meet accessibility needs of a handicapped family
member
• Alleviate an overcrowded situation
In certain cases, the work may be done as emergency repairs. In those cases where the health,
safety and welfare of the household are in jeopardy, they shall receive priority. Such things that
are considered “emergency repairs” are:
• Structural components that show signs of imminent collapse
• Inoperable heating systems during the winter months
• Water leaks in walls or foundation
Attachment number 6
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13
• Inoperable toilet or hot water heater
• Roof leaks causing electrical hazards, ceiling collapse or structural
damage
• Inoperable exterior doors and/or windows, preventing emergency egress
• Exposed bare wires or other imminent fire hazard
• Collapsed or inoperable chimney or flue
• Falling ceiling
• Lead-based paint
• ADA modifications of an immediate nature
• Other conditions as deemed an emergency by the City
Funding will also be available to modify elderly or special needs household homes that need
renovations to allow them to remain independent in their homes, and prevent them from having
to move into an assisted living type arrangement. Improvements may include such things as:
• Wheel chair ramps
• Widening of doorways
• Lowering of cabinets
• Installation of grab-bars
• Visual guiding systems for the hearing impaired
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
b. Income Categories to be served:
This strategy will serve all eligible recipients with incomes at or below 120% of area median
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads to
foreclosure and/or loss of property ownership)
Low-interest loan, grant or deferred payment first, second or third mortgages will be available to
eligible recipients. Deferred payment loans will be offered in the form of zero (0%) percent loan
to households who are eighty percent (80%) or less of the Area Median Income (AMI). For
moderate-income households, low-interest loans will be available with the repayment period not
exceeding thirty (30) years. As stipulated in the City’s mortgage documents, if a borrower does
not remain as the owner occupant, or if all or any part of the property or an interest therein is
rented, sold, transferred or leased, the recipient will be required to pay off the loan in accordance
with the terms and conditions specified in the mortgage and note. A grant may be given on an
individual case basis where there is an extreme hardship, but not limited to, emergency
repairs/retrofit, handicap accessibility modifications and cases of need. Recipients must also
abide by the City’s loan and/or grant documents, which dictate conditions that will constitute
Attachment number 6
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14
repayment.
The City has determined the following terms and provisions for program income versus
recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is not longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the state fiscal year they are received as appropriate for Annual Reporting
purposes.
f. Recipient Selection Criteria: Assistance will be on a first-come, first-served basis
while funds remain available and based on the level of need for each client (or project) and the
maximum allowable funds as per the program guidelines. Should funds not be available at any
time, a City created “Waiting List” will be utilized and eligible clients will be assisted when
funds are available. Priority will be placed on correcting deficiencies that impair the health and
safety of the household and for very-low and low-income households and for activities
occurring in our Target Areas. Clients that have been assisted with an emergency grant are still
eligible to participate in the rehabilitation program.
g. Sponsor Selection Criteria, if applicable: Include qualification system and
selection criteria for applications for Awards to eligible sponsors.
All program sponsors or sub-recipients will be selected using the City’s Consolidated Action
Plan Application. Eligible sub-recipients or sponsors that provide assistance under this program
will be required to contractually commit and comply with all SHIP program requirements.
Criteria include:
• The not-for-profit corporation must have received a tax-exempt ruling from
the Internal Revenue Service (IRS) under section 501c(3) of the Internal
Revenue code.
• The for-profit corporation must be organized and established under the laws of
the State of Florida.
• The not-for-profit or for-profit corporation must have financial accountability
standards that permit the Economic Development & Housing Department to
verify organizational capacity for project implementation.
h. Additional Information:
ADA modifications and emergency repairs that do not exceed $10,000.00 may be provided as
a grant.
Attachment number 6
Page 15 of 25
15
E. Name of the Strategy: FORECLOSURE PREVENTION
a. Summary of the Strategy: Funds will be provided to assist households who have
been previously assisted with City of Clearwater funds in order to prevent foreclosure. The City
will provide funds on a one-time basis to bring a household current with their existing first
mortgage, up to a maximum of six payments or the maximum allowable subsidy under this
strategy.
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
c. Income categories to be served:
This strategy will serve all eligible recipients with incomes at or below 120% of area median
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads
to foreclosure and/or loss of property ownership).
Deferred payment and low-interest second or third mortgages will be available to income eligible
previously assisted City of Clearwater clients. Properties must be used for principal/homestead
residence of the recipient. Recipients must also abide by the City’s loan documents, which
dictate conditions that will constitute repayment.
The City has determined the following terms and provisions for program income versus
recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is not longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the state fiscal year they are received as appropriate for Annual Reporting
purposes.
e. Recipient Selection Criteria: Assistance will be provided on a first-come, first-
served basis. The recipient must have previously been assisted with City of Clearwater SHIP,
Community Development Block Grant and/or HOME Investment Partnership funds. Assistance
will only be provided where a valid hardship exists that is the cause for the delinquency on the
first mortgage payments. Such examples of hardship include, but are not limited to: Loss of
employment, death of a spouse, disability, recent divorce or natural disaster.
Attachment number 6
Page 16 of 25
16
f. Sponsor Selection Criteria, if applicable: Include qualification system and
selection criteria for applications for awards to eligible sponsors.
Not applicable. The City of Clearwater processes all requests internally.
g. Additional Information: N/A
F. Name of the Strategy: MULTI-FAMILY HOUSING
a. Summary of the Strategy: Funds may be provided as loans to support the
acquisition, rehabilitation and or the new construction of multi-family housing, including single-
room occupancy, transitional housing, or the housing portion of a mixed-use facility and or
mixed-income projects. Funds may be used as a match for U.S. Department of Housing and
Urban Development’s HOME program and various other programs offered by the federal
government and the State of Florida to produce and preserve multifamily housing.
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
c. Income Categories to be served:
This strategy will serve all eligible recipients with incomes at or below 120% of area median
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads to
foreclosure and/or loss of property ownership).
Recapture will be in compliance with the SHIP program requirements to ensure affordability.
When HOME funds are used with SHIP, the most restrictive rules and regulations will apply.
In accordance with the City’s policy, the terms of the City’s funding for multi-family acquisition,
rehabilitation or new construction developments will vary from project to project, depending on
the economics of the development.
Loans or grants for eligible rental housing constructed, rehabilitated or otherwise assisted under
this strategy must be reserved for eligible persons for at least 15 years or the term of the
assistance, whichever period is longer. A restrictive covenant will be recorded to ensure that the
units remain affordable for the prescribed period of time. The City, eligible sponsor or appointed
designee, shall annually monitor and determine tenant eligibility throughout the compliance
period. For those developments that the Florida Housing Finance Corporation provides the same
monitoring and determination, the City may rely on such monitoring and determination of tenant
eligibility.
Eligible sponsors that offer rental housing for sale before the end of the compliance period or that
have remaining mortgages funded under this strategy must give a right of refusal to the City or
eligible nonprofit organizations for purchase at the current market value for continued occupancy
Attachment number 6
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17
of eligible persons.
The City has determined the following terms and provisions for program income versus
recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is not longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the state fiscal year they are received as appropriate for Annual Reporting
purposes.
f. Recipient Selection Criteria: The SHIP assisted units in a rental housing project
will be occupied only by households that are eligible as very-low to moderate-income families.
Maximum monthly rent limits will be those established annually by the HUD.
g. Sponsor Selection Criteria, if applicable: Include qualification system and
selection criteria for applications for Awards to eligible sponsors
Eligible sponsors will be selected using the City’s Consolidated Action Plan Application and
may apply for funding while funds are available. Eligible person, sub-recipients or sponsors that
provide assistance under this program will be required to contractually commit and comply with
all SHIP program requirements. Criteria include:
• The not-for-profit corporation must have received a tax-exempt ruling from
the Internal Revenue Service (IRS) under section 501c(3) of the Internal
Revenue code.
• The for-profit corporation must be organized and established under the laws of
the State of Florida.
• The not-for-profit or for-profit corporation must have financial accountability
standards that permit the Economic Development & Housing Department to
verify organizational capacity for project implementation.
h. Additional Information: N/A
G. Name of the Strategy: DISASTER MITIGATION STRATEGY
a. Summary of the Strategy: In the case of natural or man-made disasters, priorities
will need to be changed to meet emergency conditions. This strategy will only be used if a
disaster, or a declaration by the local authorities, State of Florida and /or federal government of a
disaster. These funds will be used for the following activities:
Attachment number 6
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18
• Purchase of emergency supplies to waterproof damaged homes
• Interim repairs to avoid further damage, such as tree and debris removal
• Payment of insurance deductibles for rehabilitation of homes covered under
homeowners’ insurance policies
b. Fiscal Years Covered: 2009-2010, 2010-2011 and 2011-2012
c. Income Categories to be served:
This strategy will serve all eligible recipients with incomes at or below 120% of area median
income, adjusted for family size as published annually by United States Department of Housing
and Urban Development (HUD) and distributed by Florida Housing Finance Corporation.
d. Maximum award is noted on the Housing Delivery Goals Charts:
e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which leads to
foreclosure and/or loss of property ownership)
Assistance provided under this strategy will be in the form of deferred payment or low-interest
loan. Recipients must also abide by the City’s loan documents, which dictate conditions that
constitute repayment. The City has determined the following terms and provisions for program
income versus recaptured funds:
• Program Income is a source of SHIP revenue, received from the following sources: bank
interest, amortized loan payments and any associated interest and penalties, loan proceeds
due to repayment of a loan under the condition of refinancing, death of recipient, sale or
transfer of title, property is not longer the client’s primary residence, and property that is
not maintained to housing standards.
• Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his
or her house to foreclosure or the City repays funds that assisted an ineligible client.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income or
Recaptured in the state fiscal year they are received as appropriate for Annual Reporting
purposes.
f. Recipient Selection Criteria: Applicants must be income eligible, and will be
served on a first-come, first-served basis, pending funds availability. The property must be
located within the city limits of Clearwater. Applicants must be current on mortgages secured by
the property, property taxes, and homeowners insurance.
g. Sponsor Selection Criteria, if applicable: Include qualification system and
selection criteria for applications for Awards to eligible sponsors
Eligible Sponsors will be selected using the City’s Consolidated Plan Application, or any other
method(s) that the City may develop to expedite the Selection of Eligible Sponsors during a
disaster.
Attachment number 6
Page 19 of 25
19
h. Additional Information:
This strategy will be implemented only in the event of a natural or man-made disaster
declaration using any SHIP funds that have not been encumbered. The City will use the Florida
Housing Finance Corporation’s DISASTER SELF-CERTIFICATION OF INCOME FORM,
attached as “Exhibit I”.
III. LHAP INCENTIVE STRATEGIES
In addition to Strategy A and Strategy B listed below, list all incentives as provided in
420.9076(4) FS.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing
projects are expedited to a greater degree than other projects.
The Planning expedites the review process of any site plan, land use amendment, rezoning, or
annexation application for an affordable housing project within the City of Clearwater. Some
affordable housing projects (rehabilitation or new construction), are approved administratively,
otherwise the project goes to the immediate next session of the Community Development Board
(CDB).
a. Established policy and procedures: Expedited Permitting
For Building Permit Applications, the City has a “Request for Expedited Permit Processing for
Affordable Housing Activity” available through the Economic Development and Housing
Department. This form allows the application to be expedited through the review process.
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review of local policies, ordinances, regulations and plan provisions that
increase the cost of housing prior to their adoption.
The City has a process in place by which it considers, before adoption, policies, procedures,
ordinances, regulations, or plan provisions that increase the cost of housing.
a. Established policy and procedures: Provide Description
The Senior Executive Team of the City of Clearwater meets every two weeks to discuss and
review upcoming agenda items on the City Council’s meeting schedule. As part of this meeting,
the City Clerk reviews with each Department Director proposed items to the agenda, which
includes policies, procedures, ordinances, resolutions and plan provisions for action by the City
Council. Any actions that have the potential to affect the cost of housing are addressed as part of
this process. Any determinations made by the Economic Development and Housing Department
and the affected Department will be included as part of the agenda summary to the City Council
on that particular item. The City Council agenda summary and all supporting materials are
available on the city’s website at www.myclearwater.com
Attachment number 6
Page 20 of 25
20
C. Name of the Strategy: The allowance of flexibility densities for affordable
housing.
The City encourages flexible densities for affordable housing developments in both the Future
Land Use Element and the Housing Element of the City’s Comprehensive Plan.
a. Established policy and procedures: Provide Description:
The following policy in the Future Land Use Element allows for flexible densities:
“Policy A.2.2.7 – The city will provide for density bonuses for affordable housing developments
that demonstrate that a minimum of 15% of the total units are reserved as affordable housing
units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map
and shall not include properties located in the Coastal Strom Area. The density bonus shall be
established by ordinance in the Community Development Code”.
The same policy applies to Housing Element as policy C.9.1:
Policy C.1.9.1 – The City will provide density bonuses for affordable housing developments that
demonstrate that a minimum of 15% of the total units are reserved as affordable housing units
Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and
shall not include properties located in the Coastal Storm Area. The density bonus shall be
established by ordinance in the Community Development Code.”
The City grants flexibility in densities to developers through the City’s Community Development
Code, which establishes flexibility criteria for specific uses requiring additional development
review. Such uses fall into two categories: flexible standard development and flexible
development.
D. Name of the Strategy: The reduction of parking setback requirements for
affordable housing
The City encourages the reduction of parking and setback requirements for affordable housing in
the Housing Element of the City’s Comprehensive Plan.
b. Established Policy and Procedures: Provide Description
The following policy in the Housing Element supports the reduction of parking and setback
requirements for affordable housing.
“Policy C.1.9.2 – Allow flexibility with regard to off-street parking to accommodate density
bonuses associated with affordable housing developments provided the project design does not
detract from the established or emerging character of immediate vicinity.”
“Policy C.1.9.3 – Allow flexibility with regard to off-street parking for projects containing
Attachment number 6
Page 21 of 25
21
affordable housing units located within 1,000 feet of a transit stop.”
The City currently allows flexibility in parking and setback requirements for affordable housing
though the City’s Community Development Code, which establishes flexibility criteria for
specific uses requiring additional development review.
E. Name of the Strategy: The allowance of flexible lot configurations, including
zero-lot-line configuration for affordable housing.
The City currently allows for site plan flexibility through the development review process, as
supported by the City’s Community Development Code, which establishes flexibility criteria for
specific uses requiring additional development review.
Such criteria may allow for more flexible site plan configurations, but may also require an
improved site plan to document how the flexibility will result in better design and /or appearance.
For example, the flexibility criteria tied to residential infill projects within the High Density
Residential (HDR”) District include:
a. Established policy and procedures: Provide Description
“Article 2, Section 2-504 (F.6) The design of the proposed residential infill project creates a form
and function which enhances the community character of the immediate vicinity of the parcel
proposed for development and the City of Clearwater as a whole; (F.7) Flexibility in regard to lot
width, required setbacks, height and off-street parking are justified by the benefits to community
character and the immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
F. Name of the Strategy: The preparation of a printed inventory of locally-
owned public lands suitable for affordable housing.
The City maintains an inventory of inventory of locally-owned public lands suitable for
affordable housing.
a. Established policy and procedures: Provide Description
The City of Clearwater on February 21, 2008 adopted Resolution 08-01, which establishes the
affordable housing inventory list per statutory requirements. A copy of the inventory list may be
obtained by contacting city staff in Economic Development and Housing Department. The list
will be posted on the City’s web page.
G. Name of the Strategy: The support of development near transportation
hubs, and major employment centers and mixed-used developments.
The Future Land Use Element of the of the City’s Comprehensive Plan supports the location of
residential uses within “mass transit and neighborhood-serving land uses” and near transit lines.
Attachment number 6
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22
a. Established policy and procedures: Provide Description
Policy A.2.2.2 – Residential land uses shall be appropriately located on local and minor collector
streets; if appropriately buffered; they may be located on major collector and arterial streets.
Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass
transit and other neighborhood-serving land uses.”
Policy A.6.8.7 – Create mixed-use, higher density and livable communities through design and
layout, near existing transit lines as well as proposed TBARTA lines and stations. Also support
walkability concepts near projected TBARTA stations.
In addition, the Housing Element of the Comprehensive Plan states:
“Policy C.1.4.2 – Assisted housing should be located in close proximity to employment centers,
mass transit services, parks, and commercial centers.”
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) F.A.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit
B. Program funds will be encumbered by June 30 one year following the end of
the applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan:
Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: .
Signed Certification is attached as Exhibit D.
E. Adopting Resolution:
Original signed, dated, witnessed or attested adopting resolution is attached as
Exhibit E.
F. Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G. Ordinance: N/A
If changed from the original ordinance, a copy is attached as
Exhibit G.
H. Interlocal Agreement: N/A
A copy of the Interlocal Agreement if applicable is attached as Exhibit H.
Attachment number 6
Page 23 of 25
23
I. Disaster Self Certification Form Exhibit I.
Attachment number 6
Page 24 of 25
24
EXHIBIT “A” ADMIN BUDGET
LHAP Template 6/06 67-37.005 F.A.C.
Exhibit A Admin Budget
Fiscal Year 2009-2010
Salaries and Benefits $ 88,384
Office Supplies and Equipment $17,022
Travel Per diem Workshops, etc $ 2,044
Advertising $ 119
$
$ 107,569.00
Fiscal Year 2010-2011
Salaries and Benefits $ 88,384
Office Supplies and Equipment $ 17,022
Travel Per diem Workshops, etc $ 2,044
Advertising $ 119
$ 107,569.00
Fiscal Year 2011-2012
Salaries and Benefits $ 88,384
Office Supplies and Equipment $ 17,022
Travel Per diem Workshops, etc $ 2,044
Advertising $ 119
$ 107,569.00
Based on a distribution of $ 975,692.00
Projected Program Income $ 200,000.00
Attachment number 6
Page 25 of 25
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Accept Fleet Utilization Report from Mercury Associates, Inc. (WSO)
SUMMARY:
In April 2007, the Budget Task Force recommended that the City have an outside review of City's fleet utilization to identify potential
cost savings.
Mercury Associates, a national fleet management consulting firm, was hired May 2008.
Mercury analyzed fleet data, conducted online surveys, and held on-site interviews with all user departments.
The results of this review included:
Identified 22 vehicles for elimination and 55 vehicles for a shared motor pool
Recommended annual written justification for underutilized vehicles
Recommended formal City-wide motor pool for sharing of vehicles
Staff is pursuing all recommendations.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:-0-Annual Operating Cost:-0-
Not to Exceed:Total Cost:
For Fiscal Year: to
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
Fleet Utilization
Report
Preparedfor the
March2009
Submittedby
MercuryAssociates,Inc.
Attachment number 1
Page 1 of 33
Fleet Utilization
Report
Preparedfor
CityofClearwater
March2009
Submittedby
MercuryAssociates,Inc.
16051ComprintCircle
GaithersburgMD20877
www.mercury-assoc.com
Attachment number 1
Page 2 of 33
16051ComprintCircle y Gaithersburg,MD20877
March9,2009
Mr.JayRavins
CityofClearwater
DeputyFinanceDirector
100SouthMyrtleAvenue
Clearwater,FL33756-5520
DearMr.Ravins:
MercuryAssociates,Inc.ispleasedtosubmit thefinalreporton fleetutilization
fortheCityofClearwater.
WewouldliketothankCitystaffthatparticipatedinthisstudyforthecooperation
andcourtesyextendedtoour projectteam.
VeryTrulyYours:
TonyYankovich
SeniorManager
Attachment number 1
Page 3 of 33
i
MercuryAssociates,Inc.
Table ofContents
Introduction ...........................................................................................................1
Background .......................................................................................................2
StudyApproach&Methodology ...........................................................................4
Findings ................................................................................................................8
FactorsInfluencingLow-UseVehicleRetention ..............................................13
AssessmentofAlternativeTransportation/EquipmentOptions .......................14
PotentialCostSavings ....................................................................................15
RecommendedActions .......................................................................................17
Appendix .............................................................................................................18
VehiclesTargetedforElimination ....................................................................19
VehiclesTargetedforTableofAssets(SharedResources)............................20
FleetUtilizationStudySurvey .........................................................................21
MotorPoolBestManagementPractices .........................................................28
InterviewParticipants ......................................................................................29
Attachment number 1
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MercuryAssociates,Inc.
INTRODUCTION
ThestatedmissionoftheCityofClearwateristo“providecosteffective
municipalservicesandinfrastructurenecessaryfor ahighqualityoflifeforallour
citizens".Aspartofthisongoingeffort,theCityengagedMercuryAssociates,
Inc.,anationalfleetmanagementconsultingfirm,toexamine thesizeofthe
City’sfleetandidentifypotential costsavingsbyreducing thetotalnumberof
vehiclesandequipmentinthefleet.Thisreportpresentstheresultsofthis
endeavor.
The primaryobjectiveofthisstudywasto identify specificassetsthatcanbe
reassignedorremovedfromtheCity’sfleet.Thisinvolvedidentifyingassets
whoseutilizationissubstantiallylessthanthatofcomparableunitsinthefleet;
surveyingtheusersoftheseassetstodeterminewhethertheirretentionis
warranted;andearmarkingandestablishingagreement(totheextentpossible)
with fleetuserorganizationsonthereassignmentordisposalofunderutilizedand
unneededassets.
TheCityofClearwateroperatesafleetofnearly 900 vehiclesandpiecesof
equipmentthatenableitsemployeestoperformawidearrayofjobduties.The
focusof thisstudy wason vehiclesandrollingstockequipmentwithinitial
purchasepriceover$10,000.
Inourexperience,theprocessofscrutinizingfleetsizeanddataon low-use
vehicleswithdepartmentalpersonnelin-of-itselfprovidesopportunitiesto
eliminatevehiclesthatarenolongerneeded.Thisissimplyduetothefactthat
fleetusersarecompelledtofocusonandjustifytheirbusinessneedsforthe
vehiclesassignedtothem.Savingsderivefromeliminatingdepreciationcosts
andreductions inmaintenance and repaircosts(whichevenunderutilized
vehiclesaccumulate –sometimesatahigherratethannewerbutmorefully
utilizedunits)andfromtransitioningemployeesfromfleetvehiclestomorecost-
effectivetransportationoptions.
Evaluatingfleetsizeandusagepatternsoffleetassetsshouldalways bedonein
thecontextofanorganization’smission,thetypesoffunctionsperformedandthe
levelsofservicerequired.FortheCityof Clearwater,vehiclesandother
transportationoptionsarenecessarytoolsusedtoperformroutineand
emergencyfunctionstokeeptheCityrunning.However,theCity cannotand
shouldnotmakeavehicleaccessibletoeachemployeewhoeverrequires
transportationtoperformhis/herjobfunction.Employeessimplyneedaccessto
theequipmentwhenitisneeded,forthedurationthatitisneeded,andata
reasonablecost.Acomprehensivefleetmanagementstrategyrequires
optimizinguseofallviabletransportationalternatives,includingpermanently
assignedvehicles,short-termrentalsfrommotorpools,commercialrentals/mini-
leases,reimbursementorallowanceforuseofpersonallyownedvehicles(POV)
andotherformsoftransportation.
Attachment number 1
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MercuryAssociates,Inc.
Cityanddepartmentalpolicies,proceduresandallocationofresourcesshould
workintandemtoallowdepartmentstoevaluateandoptforthebest-value
transportationoptionsforfulfillingtheirmissionswhilefacilitatingtheCity’s
oversightofthosechoices.Understandingthetransportationneedsof
stakeholdersisimperativeforidentifyingwhichfunctionscan/shouldbe
performedbyassignedvehicles,pooledresourcesorothertransportation
alternatives.Forexample,itwouldbeeasytoestablishahard-and-fast
minimummileagerequirement(i.e.6,000milesannuallyforageneralpurpose
pickuptruck)tojustifypermanentlyassigningavehicletoaparticularuseror
department.However,otherfactorsmustbeconsideredsuchashowthevehicle
isused,howoperationswouldbeimpactedwithouttheunit,andcouldan
employeereasonablybeexpectedtoperformtherequiredfunctioninhis/her
personalvehicleandbereimbursedbytheCity.TheCitycannotassessthose
factorsbysimplyanalyzingvehicleusedata.
Background
The primaryfactors driving fleetrelatedcostsforanyorganizationare thesize
andcompositionofthefleet.Themorevehiclesanorganizationowns,thehigher
theannualcost tothatorganization,becauseforeachfleetassettherearecosts
associatedwithownershipandoperation.Evenunder-utilizedvehiclesconsume
fuel and maintenanceresourceseachyear.Moreimportantly,theseunitsalso
losevalueeachandeverydayeveniftheyareolderandarefullydepreciated
(i.e.,paidfor)onthebooks.Timeandeffortarealsorequiredtomaintain
appropriatelicenses,tags,fleetinventoryrecords,insurance,fuelcards,etc.
Therearetwobasicreasonswhyemployersprovidetheiremployeeswitha
vehicle:
1.Compensation.Insomecases,anemployer-providedvehicleisaformof
remuneration thatisgiventocertaintypesofemployeesorpositions
withinanorganization,regardlessofhowmuchorhowlittletheemployees
needavehicletoperformthedutiesoftheirposition.
2.JobPerformance.Inmostcases,anemployerprovidesavehicletoan
employeebecauseitisneededtofulfillcertainjobduties.Thatis,thejob
requiresthetransportationofpeople,equipmentandtools,materials,and
soforthortheuseofaspecializedvehicle(e.g.,abackhoe/loader)or
attachment(a mowerdeck)withsufficientfrequencythatitisnecessary
andcosteffectivetoplaceavehiclepermanentlyatthedisposalofoneor
moreemployees.
Inmanycases,theactivemanagementoffleetsizeoccursinresponseto
economicpressuresthatforceofficialstoscrutinizebudgetsforsavingsand
futurecostavoidance.Unfortunately,suchreactiveundertakings havetwocritical
flaws:responsibilityforreducingfleetsizetendstobeplacedsolelyonthe
Attachment number 1
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MercuryAssociates,Inc.
shouldersofthefleetmanager,andorganizationstendtoapplyarbitraryuse
thresholdsinordertojustifytheretentionofvehiclesandequipment.Such
methodsaregenerallyineffectiveandoftencounterproductive.
Thefirstflawforcesthefleetmanagerintoarolewhereintheymust demand
returnofvehiclesandequipmentunitsthatfailtomeetestablishedminimum-use
guidelinesandalsohavefinalauthorityfortheapprovalofreplacementand/or
expansionstothefleet.Thisapproach inappropriately vests decision-making
authorityinfleetmanagerswho maylack theintimate knowledgeofuser
agencies’operations andworkmethodsneededtomake soundvehicle
acquisition usage,andretention decisions.Thisapproachalsocreates
adversarialrelationshipsbetweenfleet managersand theircustomers,the users
ofthefleet.
Minimumusethresholdsthatareapplied“acrosstheboard”arenoteffective
becausetheyfailtotakeintoconsiderationthesignificantdifferencesthatexistin
agencymissionsandthevehicleassignment,deployment,andusage patterns
thatresultfromthesedifferences.
Themostsuccessfulfleetsizemanagementprogramsinvolvea close
collaboration betweenfleetusers –whoarebest equippedtodefinehowvehicles
and equipmentenablethemtofulfilltheir missions –andfleetmanagers –who
have technicalexpertiseandaccesstojurisdiction-widefleetdatathatindividual
user departments lack.Furthermore,itisbettertouse guidelines (ratherthan
thresholds)thataredesignedtoreflecttheindividualworkpatternsofeachuser
departmentbecauseguidelinesallowtheprogramtobeflexibleenoughto
accommodateuniqueoperationalrequirementsthatcannotbemetthrough
alternativevehicleprovisionmeans,whilestillprovidingamethodtotrigger
furtherinvestigationofvehiclesthatmaynotbeneededbasedonthelackof
consistencyoftheirusecomparedtotheguideline.
Considera¾-toncargovanthatisassignedtoaCitytradesworker(i.e.,
plumber).Thevehicleisspeciallyequippedwithshelving,bins,andcabinetsto
storepartsandsupplies.Roof racks maybe installedonthetopofthevehicleto
carryladdersandpiping.Theplumber,inthiscase,startseachdayattheCity
shopwhereworkordersaregeneratedandassigned.Theplumber thenmay
drivejust5milestoanearbyCityfacilityandspendtheentiredayperforming
maintenanceoreffectingrepairs.Attheendofthedaytheplumberdrivesthe5
milesbacktotheshop.Inthisexample,thevehiclewillobviously accumulate
verylittlemileageevenoverthecourseofanentireyear.However,itwouldnot
bereasonableorcosteffectivetoprovidetransportationanyotherway.Hours
wouldbelosteachday(atthebeginningandendofeachshift)iftheplumber
wasrequiredtotransporttools,parts,supplies,etc.fromtheshoptoavehicle
eachday.
Attachment number 1
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MercuryAssociates,Inc.
STUDYAPPROACH &METHODOLOGY
Thefollowingtaskswereundertakentoperformthis project:
1.Developandsubmit an informationanddatarequest;
2.Developand“scrub”fleetinventory;
3.Developdetailedusageprofilesby assettypeandapplication;
4.Developandconduct aW eb-basedsurvey oftheusersof all individual
assets includedinthestudy;
5.Analyzesurveyresponse data and identify potentiallyunderutilized
assets;
6.Meetwithuseragenciestoreviewandagreeon the dispositionofunder-
utilizedassets;and
7.Documentandpresentstudymethodology,findings,conclusions,and
recommendations inaprojectreport.
Thesetasksaredescribedinfurtherdetailinthefollowingsections.
Develop FleetInventoryProfile
Inordertoobtainspecificanddetailedfleetassetinformation,wedevelopedand
submittedatemplatethatidentifiedallofthedataelements thatwererequiredfor
eachindividualunit.Someofthedataelementsrequestedareprovidedbelow:
AssetID
AssetDescription
AssetClassification
Department
Division
DomicileLocation
Status
InServiceDate
Year
Make
Model
OriginalPurchasePrice
CurrentMeterReading
MeterReadingDate
UsageLast12Months
Oncetheoriginalinventorywasprovided,weworkedwiththeFleetMaintenance
Divisionstaffto“scrub”theinventorytoensurethattheinformationwascurrent,
accurate,andrepresentedthecompleteCityfleet.Vehiclesandequipmentwere
classifiedby majorgroupingsor type(i.e.,pickuptruck,sedan,andbackhoe).
Thisinventoryservedasthebasisforourutilizationanalysis.
AnalyzeFleetUtilization
To identifyopportunitiestoreducethesizeand subsequentlythe costsof the
City’sfleet,ourapproach was predicatedontwokeyconsiderations:
Attachment number 1
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MercuryAssociates,Inc.
x Therearespecificreasonswhyanemployerprovidesvehiclestoits
employeesandthesereasonsconstitutetheprincipalifnotthesole
justificationforretainingornotretainingvehiclescurrentlyinthefleet;and
x Itwouldbeimpracticalandexpensivetoexamineindetailtheuseof,and
bonafidebusinessneedfor,everysinglevehiclein theCityof
Clearwater’s fleet,andareasonablefilteringprocessthereforeisneeded
forearmarkingspecificvehiclesforreassignmentorremovalfrom the
fleet.
Thesetwoconsiderationsarethephilosophical“underpinnings”ofourapproach
tothis partofthe study.Ourfocus wastoidentify vehicles andequipment whose
continuedretentioninthefleetisnotjustifiedbythejobperformance
requirementsoftheindividualsororganizationstowhichthesevehiclescurrently
areassigned.
Themostobviousindicatorofthebusinessneedforavehicleisthe amountofits
use.Usually,butnotalways,vehiclesthataregenuinelyneeded tosupportthe
performanceof City employees’jobsareusedfrequently,andthatusageis
reflectedinthenumberofmiles (orhours)suchvehiclesaredrivenoroperated.
Aseveryfleetmanagerknows,however,odometerreadingsarenotalwaysa
goodindicatoroftheneedforavehicle.Somevehiclesareheavilyusedeven
thoughtheydonotaccumulatealotamiles.Thus,whilehighmileagerates
usuallyareagoodindicationthatavehicleisneededandshouldberetained,the
oppositecannotnecessarilybesaidoflowmileagerates.Low-mileagevehicles
arenotnecessarilylow-usageorlow-importancevehicles.Theymayormaynot
bevitaltotheperformanceof City employees’jobdutiesand City department’s
missions.
Forthisreason,the analysisaimedatoptimizingfleetsizebyearmarking
vehiclesforreassignmentorremovalneeded tofocusprimarilyonlow-mileage
ratherthanonhigh-mileagevehicles.Inscrutinizingseeminglyunder-utilized
vehicles,however,itiscriticaltodevelopinformationontheiruseandimportance
tothe City thatsimplyisnotreflectedinasinglemetricsuchasannualmileage.
We began thistaskbyperformingstatisticalanalysesofvehicleutilizationdata
obtainedthroughtheinformationrequestsubmittedtotheFleetMaintenance
Division.Thepurpose oftheseanalyses was toidentifyallthosevehiclesthat,
basedonavailableusagedata,shouldbeinvestigatedforpossiblereassignment
orremovalfromthefleet.Wesegmented andanalyzed thevehiclesinthefleet
inventorybyuser department andvehicleclassortype.We then calculated
meanannuallife-to-dateandrecentannualusagelevelsbyvehicleclass.Based
ontheseanalyses,werecommended theannualusagelevelforeachgroup
whichshouldserveasa guideline forseparatingvehiclesthatclearlyshouldbe
retainedinthefleetfromvehiclesthatrequired moredetailedinvestigationand
possible action.
Attachment number 1
Page 9 of 33
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MercuryAssociates,Inc.
Forinstance,themeanannualusageof forsportutilityvehicles(SUV)is 9,479
milesperyear.WethenidentifiedallvehiclesintheSUVclassthathavean
averageannualmileagebelow50percent(4,740)oftheclassaverage.Wedid
thisforfifteenmajorvehicleandequipmentclasses.All units with a modelyear
of 2008wereeliminatedfromthereviewbecausetheyweretoonew tohave
adequateutilizationhistory.
To obtainadditionalinformationoneachvehicleinthefleetandtohelp decide
whethertheindividualvehicleswhoseusagef ell belowthepertinent guideline
(50%oftheclassaverage)shouldberetainedinoreliminatedfromthefleet,we
createdanon-linefleetutilizationsurvey.Thesurveyresultsprovided
informationontheiruse andthebusinessneedby asking aseriesofquestions1
aimedataugmentingandinterpretingtheannualmileageinformationcontained
inthe fleetdatabase.WithassistancefromtheCity’sProjectManager(Mr.Jay
Ravins,DeputyFinanceDirector)wewereabletogetresponsesfor99.76
percentoftheunitssurveyed.
IdentifyTargetVehicles
Uponcompletionof thesurvey,wereviewed thedata foreachsurveyedvehicle
andpieceofequipment forcompletenessandthenanalyzed thedatainorderto
identifyspecific units thatshouldbe removedfromthedepartmentfleetand
reassignedtoasharedpoolor senttoauction.Preliminaryrecommendationsfor
eachassetthatwassurveyed were developedinordertoprepareforfacetoface
meetingswithrepresentativesfromeachdepartment.
Wethenmet with representativesfromeachdepartment toreviewourfindings.
Theobjectiveofthesemeetings and interviewswastoreviewanddiscussthe
reasonableness andacceptabilityofour findingsandrecommendationsinlightof
considerationssuchasthefollowing:
x Anyspecialoperatingpracticesorcircumstancesthataccountforthelow
usageofthevehiclesearmarkedfor eliminationorassignmenttoamotor
pool;and
x Anticipatedchangesintheorganization’ssize,mission,work methods,
staffinglevels,orotheroperatingneedsandparametersthat might
mitigatesomeofrecommendedreductionstotheirfleet.
Onthebasisofthesediscussions,wefinalized ourrecommendationsregarding
changesinvehicleassignmentsthatwillreducethesizeofthefleettoanoptimal
level.
Finallywequantified the estimatedpotential costsavingsassociatedwith
implementingourrecommendedreductionsinfleetsize.We did thisusingcapital
1 Surveyquestionsareprovidedintheappendix.
Attachment number 1
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MercuryAssociates,Inc.
andoperatingcostdataoneachvehicleobtainedviathecomprehensive
informationrequestsubmittedto theCityandindustrystandards.
Attachment number 1
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FINDINGS
TheCityfleetthatwasreviewedforthisstudyincluded856units2 rangingfrom
smallmulti-purposeutilitycartstoaerialliftbuckettrucks.Theaverageageof
thefleetatthetimethisstudywasinitiatedwas5.5yearswhichimpliesan
averagereplacementcycleof11.0years.Thecurrentestimatedgross
replacementvalueofthefleetis$38.4million.Asummaryofthefleetby
departmentandmajorclassifications is providedinthefollowingtables.
Department #ofUnits
CustomerService 9
Development&NeighborhoodServices26
EconomicDevelopment&Housing1
Engineering 40
Fire 20
Fleet 23
GasSystem 61
GeneralServices41
InformationTechnology1
Library 1
Marine&Aviation3
ParksandRecreation124
Planning 3
Police 227
PublicCommunication3
PublicUtilities115
PublicWorks93
SolidWaste 65
Total 856
Overall,theaverageannualmileageforthemajorvehicleclassesintheCityfleet
isreasonable.Thisisadirectresultofcontinuedreviewandanalysisofvehicle
utilizationconductedbytheFleetMaintenanceDivisionandfleetreduction
initiativesoverthepastseveralyears.
2 FleetsizeandcompositionisreportedforJuly2008.Aswith alllargefleets,thenumberofunits
willchangeoftenasvehiclesandequipmentarereplacedthroughouttheyear.
AssetType #ofUnits
Compressor 7
Construction38
Forklift10
Generator5
GroundsEquip4
Misc.14
Mower25
Pickup264
Pumps3
Scooter4
Sedan221
SpecialPurpose,HD1
SpecialPurpose,MD1
SUV36
Sweeper5
Tractor11
Trailer10
Truck,HD83
Truck,LD9
Truck,MD43
Van62
Total 856
Attachment number 1
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MercuryAssociates,Inc.
VehicleType Avg.Annual
Mileage
Pickup 7,892.0
Sedan11,247.0
SUV9,478.5
Truck,HD10,460.7
Truck,LD6,432.1
Truck,MD5,674.1
Van6,162.8
Aboxandwhiskerchartpresentslargeamountsofdatainauserfriendlyformat
andhasbeenusedinourutilizationanalysisfortheCityofClearwater.Thered
diamondineachhorizontalbarrepresentsthestatisticalmean,oraverage
annualmileageforthevehiclegrouping.Theshadedareasaretheinner
(secondandthird)quartilesofthedata.Thehorizontallines extendingtotheleft
andrightoftheshadedareasrepresentthefirstandfourthquartiles.The
perpendicularlinesattheendsofthefirstandfourthquartilereflecttheminimum
andmaximumdatapoints.
AverageAnnualUtilizationbyClass
-5,00010,00015,00020,00025,00030,00035,00040,00045,00050,000
Pickup
Sedan
SUV
Truck,HD
Truck,MD
Truck,LD
Van
AverageAnnualMiles
Thesevehicleclassesrepresent84percentofthetotalfleetreviewed.However,
thereareseveralvehiclesandpiecesofequipmentthatwereidentifiedthat
accumulatedverylowmileageandhadlowoperationalimportance.Thatis,the
servicesprovidedbythedepartmentwouldnotbesignificantlyimpactedifthe
unitwaseliminatedfromtheCityfleet.
Thefunctionsofvehiclesandequipmentincludedinthesurveyvaried.
Respondentsindicatedmostvehiclesarenecessarybecauseoftheir
requirementtotransportpeopleandequipmentandsupplies.
Attachment number 1
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MercuryAssociates,Inc.
5%
11%
60%
24%
Whatistheprimarypurposeofthisasset?
TransportationofPeople
TransportationofEquipment,Materials,
Supplies
TransportationofPeopleandEquipment
MobileWorkPlatform
Departmentsrated94percentofallunitsascritical(livesand/orpropertywould
beendangeredwithoutthisunit)oressential(normalservicescouldnotbe
performedwithoutthisunit).
Ratethecriticalityofthisassettoyouroperations.
5%
62%
32%
Critical-livesand/orproperty
endangered
Essential-wouldnotbeabletoprovide
services
Optional-wouldberequiredtofind
alternate
Elective-notabsolutelynecessary
Asignificantnumber(36%)ofthesurveyresponsesindicatedthattheassetwas
specificallydesignedandincludedinthefleettorespondtoemergency
situations.ClearlymostPoliceandFireunitsarefirstresponseunits.Other
vehiclesareusedinemergencyrolesforgaslineleaks,streetfailures,etc.An
interestingnote,PoliceandFirevehiclesrepresent29percentoftheunits
surveyed.
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MercuryAssociates,Inc.
Isthisunitdesignedspecificallyforrespondingtoemergencies?
36%
64%
Yes
No
Halfofthefleetassetsareassignedtoaspecificindividualandmostofthe
remainingunitsareassignedtospecificworkcrews.
50%45%
5%
Isthisvehicle/pieceofequipmentassignedto…….
Aspecificindividual
Aspecificworkcreworgroup
Apoolofsharedassets
Animportantfactortoconsiderbeforeeliminatingvehiclesand piecesof
equipmentfromtheCity’sfleetistodeterminewhetherthereisaviable
alternativeavailable.Manyofthoserespondingtothesurveyarenotawareif
alternativesexist,probablysincetheyhaveneverbeenaskedorforcedtofinda
substituteunit.
Attachment number 1
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MercuryAssociates,Inc.
Canthisassetberentedfromacommercialrentalcompany?
29%
51%
20%
Yes
No
Don'tknow
UsingthefleetdatathatwasprovidedbytheFleetMaintenance Division,
informationobtainedviatheon-linefleetutilizationsurvey,andface-to-face
meetingswithdepartmentrepresentatives,weconcluded,with department
consensus,that22unitscouldbeimmediatelyremovedfromthefleet.
Department #ofUnits Disposal
Candidates
CustomerService 9
Development&NeighborhoodServices26
EconomicDevelopment&Housing1
Engineering 404
Fire 20
Fleet 232
GasSystem 611
GeneralServices412
InformationTechnology1
Library 1
Marine&Aviation3
ParksandRecreation1244
Planning 3
Police 2274
PublicCommunication3
PublicUtilities1152
PublicWorks 933
SolidWaste 65
Total 856 22
Attachment number 1
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MercuryAssociates,Inc.
FactorsInfluencingLow-UseVehicleRetention
Thereareseveralfactorsthatinfluencedepartmentstoretainlow-usevehicles
andpiecesofequipment.Somearediscussedbelow.
x EmergencyResponse:Duringinterviews,manydepartmentsreferenced
thattheymaintaindepth(sparesorbackupunits)insomevehicleand
equipmentclasses(e.g.,bulldozers,skidsteerloaders,backhoes,etc.)
specificallyforemergencyresponse.Muchoftheequipmentcouldbe
securedviashorttermrentalfromcommercialrentalcompanies.W ith
appropriatepreferentialaccessandavailabilitylanguagein acontract,the
Citywouldhaveaccesstothenecessaryequipmentwhenneededand not
assumeunnecessarycostsfromhavingtheequipmentsitidlemostofthe
year.
x FundingAllocationsforNewandReplacementEquipment:Operating
groupsrecognizevehiclereplacementfundsareuncertainfromoneyear
tothenext,sotheyfeelcompelledtoretainsomevehiclesrather than
disposeofthemintheeventthatreplacementfundingisreduced.When
vehicleandequipmentreplacementdoesnotkeeppacewithreplacement
requirements,vehiclesbecomelessreliableandrequiremoreextensiveor
frequentrepairs(resultinginincreaseddown-time).Toensuremissions
canbemetdespitetheagingfleet,departmentsopttoretainmore
vehiclesassparesandback-upunits.
Moreover,somegroupsholdontolow-usevehiclesasa“placeholder”
becauseitismucheasierfordepartmentstoreplaceavehiclethan toadd
anewvehicleifmissionrequirementschange.Onedepartment
acknowledgedthatrequestsfortheirserviceshavedecreasedsignificantly
duetotheeconomy,butwasreluctanttogiveupanyvehiclesdueto the
uncertaintyofobtainingnewunitsif/whenservicelevelsincreased.
x ReluctanceTo“Pool”Vehicles:Thetargetvehiclelistidentifiedmanylow-
usesedans,SUVs,vans,pick-uptrucks,andconstructionequipmentthat
couldbeeliminatediftheCityhadanestablishedmotorpool.While
Mercurytargetedsomevehiclesforpooling,webelievethatseveralmore
vehiclesandpiecesofequipmentcanbeeliminatedif/whenpoolingand
POVuseareviableandrequiredalternativestoemployeesusing
individuallyassignedCity-providedvehicles.Somevehicleson thelow-
uselistappeartobeassignedtoindividualsbasedonjobtitleratherthan
actualneedandjobrequirements.However,asitlooksforopportunities
toreducefleetsizeandcosts,theCityasanorganizationshouldreassess
theviabilityofthisperquisiteandthenecessitytocontinuethat
practice/perpetuatethatculture.
Severaldepartmentsacquireandmaintainthesameorsimilarheavyand
specialtyequipmentforoccasionalusethatcouldbeusedmoreeffectively
Attachment number 1
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MercuryAssociates,Inc.
ifpooledforinterdepartmentaldailyrental.Forexample,backhoesthat
arerequired onrareoccasions(afewtimesperyear)byonedepartment,
areusedmorefrequentlybyanotherdepartment,butarenotusedevery
day.Informally,departmentsborrowequipmentfromoneanother tomeet
someoccasionalneeds;however,thereisnotaformal systemfortracking
theequipmentloansorchargingbackthosecoststothe“borrowing”
departments.Someheavy andspecialtyequipmentcanbepooledor
sharedviaformalized chargebacksystemforrentingequipment(and
possiblyoperators).Department staffneeds torealizethatCityvehicles
andequipment,evenifpermanentlyassignedtoaspecificdepartment,
arenotthepropertyofthatdepartment.
AssessmentofAlternativeTransportation/EquipmentOptions
Asnotedpreviouslyinthisreport,acomprehensivefleetmanagementstrategy
requiresoptimizinguseofallviabletransportationalternatives,including
permanentlyassignedvehicles,short-termrentalsfrommotorpools,commercial
rentals,personallyownedvehicle(POV)reimbursementsorallowancesand
otherformsoftransportationwhenviable.Therefore,inadditiontoassessing
utilizationdataandobtaininginsightsonhowvehiclesareused,Mercuryalso
assessedtheviabilityofcompletingmissionsviaalternativetransportationor
equipmentacquisitionoptions,including:
x UseofPOVsinlieuofassignedorshared-usevehicles(includesmileage
reimbursementorallowances)
x Commercialrentals
x Optimizationofexistingpoolingoperations/activities
UseofPOV:TheCitycurrentlyreimburses employeesforconductingofficial
Citybusinesswiththeirpersonalvehicles.Recordsindicatethatanaverageof
$58,700peryearwasreimbursedtoemployeesoverthepastthreeyears.This
includesmileageforlocaldrivingandtransportationoutsideofClearwaterfor
meetings,training,andotherpurposes.
For occasionaldrivingrequirements,POVmileagereimbursementtypically
representsthemostcost-effectiveoption.Departmentsshouldencourage
employeestoclaimmileagereimbursementsinlieu ofretaininginfrequentlyused
department assigned vehicles.Additionally,departmentsshouldtrackPOV
reimbursementrelativetoCityvehicleusetoensureCityvehiclesareused
optimallyandPOVreimbursementisnotclaimedwhenCityvehiclessitidle.
CommercialRentals:Anothercosteffectivemethodformeetingoccasional
transportationneedsiscommercialrentalcompanies.TheCitycurrentlyhasan
agreementwithAvistoproviderentalvehicles,howevermanydepartmentswere
notawareofthisagreementbutindicatedthatitwasaviableoptionaslongasa
Citymarkedvehiclewasnotrequired.
Attachment number 1
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MercuryAssociates,Inc.
Citywide Pool:City-providedvehicles often offerthelowestcostalternative,
particularlyforhighermileagedrivers andspecialtyequipment.
Duringinterviews,some departmentsindicated thatsome transportation
requirements areplannedevents(training,meetings,equipment moving,orother
events)forwhichusersindicatetheywouldtypicallyhavesufficientnoticetoplan
aheadandreserveavehicle iftheycouldbeassuredthatthereweresufficient
poolvehiclesavailabletomeettheirneeds.Currentlythesedepartmentshave
vehiclesassignedtothemandusethemasneeded.Whennotneeded,theysit
idle.
Awell-managed motorpool withadiversemixofvehicles wouldprovide
opportunitiesforadditionalfleetreductionsasusers’becomeaccustomedto
rentingfromacentralsourceandrecognizethebudgetarysavingsofusingshort-
termrentalsinlieuofdepartment-assignedvehicles.
Notably,therequirementsindicatedbydepartmentsviathisstudymayvaryfrom
actualrequirements(duringutilizationstudies,intervieweesoccasionally
overstatevehicleneeds).Assuch,MercuryrecommendstheCity carefullytrack
motorpooluseandadjustthesizeandcompositionofthemotorpooloften.
Carefulrecordkeepingandtrackingofuseandturndownsisessentialtoensure
theCitypoolmaintainstherightmixandnumbersofvehiclestomeetusers’
needswithouthavingtoomanyvehiclesonhand.Severalfleetmanagement
softwaresystemsnowincludemotorpoolmanagementmodulesthat haveonline
reservationmanagementsystemstoallowcustomerstosubmitrequestsviathe
motorpool’swebpageandtoreceiveeitherconfirmationorturndownnotifications
electronicallyviaemail.Inourexperienceworkingwithotherorganizations,we
haverecognizedhowonlinereservationsystemshavesubstantiallyimprovedthe
organization,schedulingandserviceofmotorpooloperations.
TheCity’smotorpoolrentalchargebackratesshouldvarybyvehicletypeand
wouldbederivedtorecovertheCity’svehicleownershipandoperatingcostsas
wellascostsandresourcestoadministertheprogram.
PotentialCostSavings
Thereareboth“hard”and“soft”costsavingsthatcanberealizedby
implementingourrecommendedactions.Savingswillbederivedfrom:
x Thesaleofeliminatedvehiclesandequipment;
x Theavoidanceofthecostsofreplacingeliminatedvehiclesinthefuture;
x Theavoidanceofthemaintenance,fueling,andotheroperatingcostsof
thevehiclesthatareeliminated,althoughincreasedutilizationof
remainingassignedvehicleswilloffsetsomeofthesecostsavings;
Attachment number 1
Page 19 of 33
16
MercuryAssociates,Inc.
Inordertocalculatetheestimatedpotentialcostsavings,weusedthefollowing
assumptions:
x ProjectionsofM&Rcostsavingsweredevelopedbasedonvehicle
equivalencyunitsandindustrystandardsforannualM&Rcosts.To
recognizethelowuseoftheseunitsandprovideamoreconservative
savingsestimateweassumedthatonly 50 percent ofthe maintenance
andrepair (M&R)costsofthe eliminatedvehicleswillbeavoided.These
arerecurringannualcostsavings.
x Therewillbe anosavingsassociatedwiththefuelingcostsofthe
eliminatedvehicles becausemileageoftheeliminatedvehicleswill
transfertoothervehiclesremaininginthefleetastherequirementtotravel
willnotbeeliminated.
x Estimatedresidual values oftheeliminatedvehicles arecalculatedusinga
formulabased on ageandoriginalpurchasecost asderivedfromour
proprietaryfleetreplacementprogram(CARCAP)andhistoricalauction
recordsprovidedbytheCity.
CostSavings/Avoidance Amount
AvoidedReplacementCostofEliminatedUnits $515,200
ProceedsfromSaleofEliminatedUnits$53,650
Maintenance&RepairSavings(annual)$13,200
Total $582,050
Attachment number 1
Page 20 of 33
17
MercuryAssociates,Inc.
RECOMMENDED ACTIONS
x Eliminatethe 22 unitsidentifiedinthetableintheAppendix.Recognize
thattheuserdepartmentand/ortheFleetManagershouldhavethe
flexibilityofsubstitutinga similarunitifthetargetedunitisinbetter
conditionthananotherinthatvehicleor equipmentclassification.
x Reviewfleetutilizationannually.Calculateaverageannualutilizationby
majorvehicleand/orequipmentclassification.Identifyany unitthatfalls
below25percentoftheclassaverageandrequiretheuserdepartmentto
justifyretentionofthisvehicleinwriting.
x DevelopaTableofAssets(TOA)toidentifynon-critical,lowuse,general
purposeunitsthatcanbesharedamongdepartments.Thesearetypically
unitsthatarenotusedeverydaybutprovidenecessaryoperational
supporttotheassigneddepartment.Whennotinusebytheprimary
department,theyshouldbemadeavailabletootherdepartments.
TheTOAshouldincludeunitnumber,descriptionoftheunit,location
whereitisgenerally stored,and a contactperson with phone number.It
shouldbepostedontheCity’sIntranetandaccessiblebyallCity
employees.ItshouldbemanagedbytheFleetMaintenanceDivision.
ThisisthefirststeptowardsimplementingaCity-wide motorpool.
ExcellentcandidatesfortheTableofAssetsincludeadministrative
sedans,pickuptrucks,vans,backhoes,loaders,aircompressors,pumps,
etc.ArecommendedlistofvehiclesandequipmentfortheTOAis
providedintheAppendix.
Attachment number 1
Page 21 of 33
18
MercuryAssociates,Inc.
APPENDIX
ListofUnitsTargetedforElimination
ListofProposedUnitsfortheTableofAssets
CopyofFleetUtilizationSurveyQuestions
MotorPoolBestManagementPractices
ListofDepartmentRepresentativesInterviewed
Attachment number 1
Page 22 of 33
19
MercuryAssociates,Inc.
VehiclesTargetedforElimination
AssetIDMAIDepartmentYearMakeModelAssetDescriptionClass CodeClassDescription
G0386 PublicUtilities 1994 FORD EXPLORER FORDEXPLORER MT-6521 SUV/1/2TON/2WD
G1098 GasSystem 1990 INGERSOLL P-175B-W-D INGERSOLLRANDAIRCOMPRESSOR MT-1100 AIRCOMPRESSOR
G1274 GeneralServices 1994 FORD F250 FORDF250UTILITYBODYPICKUPTRUCK MT-5322 PU/3/4/2WD/UTILITY
G1457 ParksandRecreation 1995 DODGE RAM3500 DODGERAM15PASSENGERVAN MT-7013 VAN/PASSENGER/1TON
G1469 GeneralServices 1995 FORD F250 FORDF250UTILITYBODYPICKUPTRUCK MT-5322 PU/3/4/2WD/UTILITY
G1530 Police1995PONTIACGRANDAMPONTIACGRANDAM MT-2431OTHER/MED/2WD
G1751 ParksandRecreation 1997 CHEVROLET S-10 CHEVROLETS-10 MT-5120 PU/1/4/2WD
G1756 Fleet 1997 CHEVROLET S-10CAB CHEVROLETS-10CAB MT-5121 PU/1/4/2WD/KING
G1923 Police 1998 CHEVROLET MONTECARL CHEVROLETMONTECARL MT-2341 POLICE/NONPURSUIT/LGE/2WD
G2039 PublicWorks 1998 FORD F700 FORDF700FLATBEDTRUCK MT-5420 PU/1TON/2WD
G2190 PublicWorks 1999 VERMEER 1250 VERMEERCHIPPER MT-3810 FORESTRY/CHIPPER
G2311 Police2000CHEVROLETCAVALIERCHEVROLETCAVALIERMT-2421OTHER/SM/2WD
G2352 Fleet 2001 HUSTLER 3200Z HUSTLERRIDINGMOWER MT-4510 MOWER/RIDING
G2380 ParksandRecreation 2001 HUSTLER 3200Z HUSTLERRIDINGMOWER MT-4510 MOWER/RIDING
G2383 Police 2001 FORD TAURUS FORDTAURUSFOURDOORSEDAN MT-2331 POLICE/NONPURSUIT/MED/2WD
G2460 Engineering VARIABLEMESSAGEBOARD MT-6700 TRAILER
G2461 Engineering VARIABLEMESSAGEBOARD MT-6700 TRAILER
G2462 Engineering VARIABLEMESSAGEBOARDMT-6700TRAILER
G2463 Engineering VARIABLEMESSAGEBOARD MT-6700 TRAILER
G2492 ParksandRecreation 2002 BOBCAT 873G BOBCAT873GLOADER MT-4800 SKIDLOADER
G3201 PublicWorks 2006 FORD E350 FORDE35012PASSENGERVAN MT-7013 VAN/PASSENGER/1TON
G961 PublicUtilities SINGLEAXLETRAILER MT-6700 TRAILER
20
MercuryAssociates,Inc.
VehiclesTargetedforTableofAssets(SharedResources)
AssetIDDepartmentYearMakeModel AssetDescription StorageLocation
G0512 EconomicDevelopment&Housing 1994 FORD RANGER FORDRANGERPICKUPTRUCK CityHall
G0301 Engineering 1994 FORD CROWNVIC FORDCROWNVICADMINISTRATIVESEDAN MSBParkingGarage
G1975 Engineering 1998 FORD TAURUS FORDTAURUSSTATIONWAGON MSBParkingGarage
G3022 Engineering 2006 FORD F450 FORDF450CAB&CHASSIS PublicWorksComplex
G0984 Fleet 1986 FORD F700 FORDF700NATIONALCRANE GeneralServicesComplex
G1181 Fleet 1992 FORD LT9000 FORDLT9000TRUCKTRACTOR GeneralServicesComplex
G1272 Fleet 1994 FORD RANGER FORDRANGERPICKUPTRUCK GeneralServicesComplex
G1471 Fleet 1995 FORD CROWNVIC FORDCROWNVICADMINISTRATIVESEDAN GeneralServicesComplex
G1572 Fleet 1996 JEEP CHEROKEE JEEPCHEROKEE4x4POOLVEHICLE GeneralServicesComplex
G1574 Fleet 1996 FORD TAURUS FORDTAURUS GeneralServicesComplex
G1076 GasSystem 1986 FORD F700 FORDNATIONALCRANE GasSystem
G1081 GasSystem 1986 FORD F700 FORDFLATBEDDUMPTRUCK GasSystem
G1097 GasSystem 1990 INGERSOLL P-175B-W-D INGERSOLLRANDAIRCOMPRESSOR GasSystem
G2034 GasSystem 1999 VERMEER V3550A VERMEERDITCHER GasSystem
G2151 GasSystem 1999 KUBOTA B21TLB KUBOTATRACTORBACKHOE GasSystem
G2634 GasSystem 2003 CATERPILLA 416D CATERPILLARBACKHOE/LOADEREXTENDAHOE NA
G2800 GasSystem 2003 CASE 588G 588GCASEFORKLIFT GasSystem
G3103 GasSystem 2006 BOBCAT 331G BOBCAT331GMINIEXCAVATOR GasSystem
G3104 GasSystem 2007 INTL 4300 INTERNATIONALDUMPTRUCK GasSystem
G2181 GeneralServices 2000 INTL 4700 INTERNATIONALTRUCK/BUCKET-ALTEC VariousCityFacilities
G2243 GeneralServices 2000 KUBOTA B21TLB KUBOTATRACTORWITHTRENCHERATTACHMENT VariousCityFacilities
G2805 GeneralServices 2004 CHEVROLET SILVERADO1500 CHEVROLETSILVERADO1500PICKUPTRUCK VariousCityFacilities
G2817 InformationTechnology 2004 CHEVROLET ASTROVAN CHEVROLETASTROVAN MSBParkingGarage
G0596 Marine&Aviation 1992 FORD 445C FORDTRACTOR NA
G3107 Marine&Aviation 2006 CHEVROLET SILVERADO3500 CHEVROLETSILVERADO3500PICKUPTRUCK4X4 CityMarina
G1891 ParksandRecreation 1997 FORD 1720 FORDTRACTOR/SMALL CarpenterField
G2246 ParksandRecreation 2000 CHEVROLET EXPRESS/VAN/C-1 CHEVROLETEXPRESSCARGOVAN MSBParkingGarage
G3142 ParksandRecreation 2006 BOBCAT MT52 BOBCATMINITRACKLOADER BeachShed
G3323 ParksandRecreation 2008 FORD F350 FORDF350UTILITYBODYPICKUPTRUCK Parks&BeautificationInfrastructure
G3432 ParksandRecreation 2007 FREIGHTLIN 3500 FREIGHTLINER3500SPRINTERCARGOVAN CityWarehouse
G3435 ParksandRecreation 2008 BOBCAT 2200 BOBCAT22004X4UTILITYVEHICLE Parks&BeautificationInfrastructure
G3442 ParksandRecreation 2008 FORD RANGER FORDRANGERPICKUPTRUCK PBIWest
G2587 Planning 2002 GMC SAFARI GMC8PASSENGERMINIVAN MSBParkingGarage
G1003 PublicUtilities 1990 INGERSOLL P-175B-W-D INGERSOLLAIRCOMPRESSOR PublicWorksComplex
G1544 PublicUtilities 1995 GMC 3500 GMCWALKINVAN Northeasttreatmentplant
G1850 PublicUtilities 1997 SULLIVAN D250QJD5 SULLIVANAIRCOMPRESSOR PublicWorksComplex
G2003 PublicUtilities 1998 INGERSOLL-L8-4MH INGERSOLLRANDLIGHTTOWER PublicWorksComplex
G2056 PublicUtilities 1999 INGERSOLL L8-4MLT INGERSOLLRANDLIGHTTOWER PublicWorksComplex
G2305 PublicUtilities 2000 GMC C7H042 GMCCLASS6CRANETRUCK PublicWorksComplex
G2353 PublicUtilities 2001 INGERSOLR 185WJD INGERSOLLRANDPORTABLEAIRCOMPRESSOR PublicWorksComplex
G2544 PublicUtilities 2002 CASE 580SUPERM CASELOADER/BACKHOE PublicWorksComplex
G2693 PublicUtilities 2003 STERLING ACTERRA STERLINGACTERRAM7500DUMPTRUCK PublicWorksComplex
G2694 PublicUtilities 2003 JOHNDEERE 4210 JOHNDEERE4210COMPACTLOADER/BACKHOE PublicWorksComplex
G2862 PublicUtilities 2005 FORD TAURUS FORDTAURUS4DOORSEDAN PublicWorksComplex
G3182 PublicUtilities 2006 INGERSOLR P185GWJD INGERSOLLRANDPORTABLEAIRCOMPRESSOR PublicWorksComplex
G3184 PublicUtilities 2006 MANITOU M30-2 MANITOUM30-2FORKLIFT PublicWorksComplex
G3364 PublicUtilities 2007 MANITOU M30-2 MANITOUM30-2FORKLIFT MarshallStreetPlant
G3527 PublicUtilities 2007 BOBCAT 328D BOBCAT328GMINIEXCAVATOR PublicWorksComplex
G2162 PublicWorks 1999 JOHNDEERE 200LC JOHNDEERETRACKHOE PublicServicesYard
G2416 PublicWorks 2002 STERLING LT9500 STERLINGLT9500TRUCKTRACTOR PublicServicesYard
G2595 PublicWorks 2002 GMC SONOMA GMCSONOMAEXTENDEDCABPICKUPTRUCK VariousCityFacilities
G2604 PublicWorks 2002 WACKER RD11A WACKERVIBRATORYROLL PublicServicesYard
G2612 PublicWorks 2002 CATERPILLA 277 CATERPILLAR277LOADER-POSITRACK PublicWorksComplex
G2950 PublicWorks 2004 FORD RANGER FORDRANGERPICKUPTRUCK PublicWorksComplex
G3262 PublicWorks 2005 DITCHWITC FX30 DITCHWITCHTRAILERMOUNTEDVACUUMEVACUATIONSYSTEM PublicServicesYard
21
MercuryAssociates,Inc.
FleetUtilizationStudy Survey
1)Is theidentificationanddescriptiveinformationforthisasset/pieceofequipment
correct?
Yes
No
2)Please fillintheappropriatefieldsbelowforanyincorrectdata.
Department ___________________________________
ContactName ___________________________________
ModelYear ___________________________________
Make ___________________________________
Model ___________________________________
In-ServiceDate ___________________________________
3)Whatisthecurrentodometer,hourmeter,orbothreading(s)forthisasset/pieceof
equipment?(Enter0ifthemetertypeisnotapplicabletothisasset)
Odometer ___________________________________miles
HourMeter ___________________________________hours
4)Whatisthecurrentstatusofthisasset/pieceofequipment?
Inactiveuse
Backup/spare
Don'tknow/Unabletolocate(ExplainBelow)
5)Pleaseexplainwhyyoudon'tknowthestatusoforareunabletolocatetheasset.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
6)Wasthisasset/pieceofequipmentdonatedtotheCityorpurchasedwithdonated
funds?
Yes(ExplainBelow)
No
7)Pleaseexplainthedonation.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
8)Wasthisassetpurchasedwithfederalgrantfunds?
Yes(ExplainBelow)
No
9)Pleaseexplainthefederalgrant.
Attachment number 1
Page 25 of 33
22
MercuryAssociates,Inc.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
10)Doesyouragencyintendtorequestareplacementforthis asset/pieceofequipmentat
theendofitsusefullife?
Yes,withasimilartypeofasset/pieceofequipment
Yes,withadifferenttypeasset/pieceofequipment(ExplainBelow)
No(ExplainBelow)
11)Pleaseexplainwhyyouragencyischanging assettypesornotreplacingthis asset.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
12)Canthisassetberemovedfromthefleetinordertoreduceoverall fleetcosts?
Yes
No
13)Isthis asset/pieceofequipmentassignedto:
Aspecificindividual
Aspecificworkcreworgroup
Apoolofsharedassetsand/orpiecesofequipment
14)Assigneduserinformation(Individual'sInformationorGroup/DivisionName)
LastName ___________________________________
FirstName ___________________________________
Email ___________________________________
Group/DivisionName ___________________________________
15)Isthis asset/pieceofequipmentauthorizedfortake-homeuse?
Yes(ExplainBelow)
No
16)Please explainthetake-homeuse.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
17)Howmanytotalmilesperweekarecommutingmilesfromhomelocationtowork
location?
____________________________________________________________miles
18)Isthis asset/pieceofequipmentauthorizedtobeparkedataremotelocationatthe
endoftheworkday?
Yes(ExplainBelow)
No
Attachment number 1
Page 26 of 33
23
MercuryAssociates,Inc.
19)Please explaintheanswertothepreviousquestion.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
20)Howmanytotalmilesperweekarecommutingmilesfromremote parkinglocationto
worklocation?
____________________________________________________________miles
21)Whatisthe primary useofthis asset/pieceofequipment?
Transportationofpeople
Transportationofequipment,materials,orsupplies(ExplainBelow)
Transportationof people andequipment,materials,orsupplies(ExplainBelow)
Mobiletoolorworkplatform(ExplainBelow)
22)Pleaseexplainindetailtheselectionfromthepreviousquestionandstatewhy/howit
isimportanttothedeliveryofservicesprovidedbyyourdepartment.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
23)Isthis asset/pieceofequipmentdesignedspecificallyforrespondingtoemergencies?
Yes(ExplainBelow)
No
24)Please statethetypesofemergenciesthatthis assetrespondsto.
_____________________________________________________________________________
_____________________________________________________________________________
_________________________________________________________________
25)Doesthis assethaveasiren?
Yes
No
26)Does this assethaveredand/orblueemergencylights?
Yes
No
27)Arerecordsmaintainedontheemergenciestowhichthis assetresponds,
includingthetypeofemergency,thedateandtimeoftheemergency,and/orthe
durationoftheresponse?
Yes
No
Attachment number 1
Page 27 of 33
24
MercuryAssociates,Inc.
28)How manyhoursisthis asset/pieceofequipmenttypicallyusedeachdayofthe
week?(Selectfromthedrop downlistthenumberofhoursofuseduringthetime
periodsindicatedeachdayofatypicalweek.)
6AMto6PM Mon 00 Tue 00 Wed 00 Thu 00 Fri 00 Sat 00 Sun 00
6PMto6AMMon00Tue00Wed00Thu00Fri00Sat00Sun00
29)Whereisthisasset/pieceofequipmentusuallyparked/stored during normalwork
hourswhenitisnotbeingused?
City-ownedfacility
Non-Cityfacility(parkinglotorgarage)
ACityemployee'shome
Other(ExplainBelow)
30)Pleaseexplaintheanswertothepreviousquestion.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
31)Whatistheaddressoftheasset/pieceofequipment’sprimaryparking/storage
location during normalworkhours?
Facility/YardName ___________________________________
Address1 ___________________________________
Address2 ___________________________________
City ___________________________________
Zip ___________________________________
32)Whereisthisasset/pieceofequipmentusuallyparked/stored outsideof normalwork
hours?
Sameasabove
City-ownedfacility
Non-Cityfacility(parkinglotorgarage)
ACityemployee'shome
Other(ExplainBelow)
33)Pleaseexplain“Other”ifansweredinresponsetothepreviousquestion.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
34)Whatistheaddressoftheasset/pieceofequipment’sprimaryparking/storage
location outsideof normalworkhours?
Facility/YardName ___________________________________
Attachment number 1
Page 28 of 33
25
MercuryAssociates,Inc.
Address1 ___________________________________
Address2 ___________________________________
City ___________________________________
Zip ___________________________________
35)Whenthis asset/pieceofequipmentbreaksdown,isbeingmaintainedorrepaired,or
isotherwiseunavailableforuse,doestheuser:
UseanotherCityasset/pieceofequipment
Rentareplacementasset
Useapersonalasset
Takeataxi,bus,orotherformof publictransportation
Getaridewithsomeoneelse
Performalternateworkactivitiesthatdonotrequiretheuseofthistypeofasset/piece
ofequipment
Other(ExplainBelow)
36)Pleaseexplaintheanswertothepreviousquestion.
_____________________________________________________________________________
_____________________________________________________________________________
_________________________________________________________________
37)Canthistypeof asset/pieceofequipmentberentedfromacommercialrental
company?
Yes
No
Don'tKnow
38)Estimate thenumberofdaysinthelastyearthatthis asset/pieceofequipmentwasout
ofserviceformaintenanceorrepair.
____________________________________________________________days
39)Ratetheconditionofthis asset/pieceofequipmentusingthefollowingscale:1=
Excellent,2=Good;3=Fair;4=Poor
1 2 3 4
Mechanical
Condition
BodyCondition
40)Ifthistypeofasset/pieceofequipmentwereonlyavailablefromapoolof
sharedassetsorpiecesofequipment,howmanydaysperweekwouldyoutypicallyrentit
fromsuchapool?
Thisasset/pieceofequipmentalreadyisinashared-usepool
0daysperweek
1-2daysperweek
Attachment number 1
Page 29 of 33
26
MercuryAssociates,Inc.
3-5daysperweek
6-7daysperweek
41)Ratethecriticalityofthisvehicle/pieceofequipmenttoyourdepartment.
Critical –livesand/orpropertyendangeredwithoutit
Essential –wouldnotbeabletoprovidenecessarygovernmentserviceswithoutit.
Viablealternativesnotreadilyavailable.
Optional –wouldberequiredtofindalternativeformsoftransportation(i.e.,
commercialrentals)
Elective –unitnotrequiredtosupporteffectiveandefficientCityoperations
42)Isthis asset/pieceofequipmentavailableforusebyotherCitypersonnelwhenits
primaryuserisonpaidleave?
Thereisnosingleindividualwhoisitsprimaryuser
Yes
No
43)Is thisassetmaintainedattheCitymaintenanceshop?
Yes
No
44)Ifyouragencynolongerpossessedthis asset/pieceofequipment,are youawareof
similaroridenticalassetselsewhereintheCityfleetthat youcoulduseasasubstitute?
No
Yes(ExplainBelow)
45)Pleaseexplainwhereyouwouldgetthesubstitute asset.
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________
46)Howfarinadvanceistheuseofthis asset/pieceofequipmenttypicallyscheduled?
Notscheduledinadvance
Weeksinadvance
Daysinadvance
Hoursinadvance
47)Would yousaythatthis asset/pieceofequipmentisusedforthepurposethatitwas
designed?
Always
Mostofthetime
Rarely
Never
48)Information aboutthe personcompletingthisquestionnaire:
Lastname ___________________________________
Attachment number 1
Page 30 of 33
27
MercuryAssociates,Inc.
Firstname ___________________________________
Phonenumber ___________________________________
Emailaddress ___________________________________
49)Position ofpersoncompletingthisquestionnaire:
Operator/Driver
Supervisor/CrewLeader
SectionManager
Other(ExplainBelow)
50)Pleaseenterthepositionofthepersoncompletingthequestionnaire.
____________________________________________________________
Attachment number 1
Page 31 of 33
28
MercuryAssociates,Inc.
MotorPoolBestManagementPractices
1.Anonlinevehicleselection andreservationprocessusingmodernmotor
poolsoftware(optionally,anautomatedkeyretrievalsystem usingcodes
providedwiththereservation);
2.Areservationprocessthatallowsuseofpre-establishedaccountingcodes
forrentalcharges;
3.Amotorpoolmanagementservicestaffedbyknowledgeablepersonnelto
answerphones,assistcustomerswithrentalinquiries,assistcustomers
withvehiclepick-ups,andtogreetcustomersastheyreturnvehiclesin
ordertocheckfordamageandinquireaboutvehicleoperatingcondition
(also“prepforservicestaffingasnotedin#6);
4.Achargebackprocesswithrentalratesstructuredtofundtheentirecostof
staffingandoperatingthemotorpool,includingthecosttoreplacepool
vehiclesandequipmentinatimelymanner;
5.Aprocessforidentifyingandchargingextraforaccidentsandabuse;
6.Avehicle“prepforservice”processthatassuresthatvehiclesareclean,
fulloffuel,andfullyoperablewhenuserspickthemup;
7.Anadequatesupplyofthetypesofvehiclesneededforcustomerdemand
around80%ofthetime(basedonanongoinganalysisofdemand
history);
8.Pre-establishedcontractswithoutsidecommercialvehicleandequipment
rentalagenciestoprovidefor“peak”demandsandspecialneeds and
delivery/pick-upservicewhennecessary;
9.Trackingandreportingofdemand,vehicleutilization,andother
appropriatefactorstoallowrightsizingofthepool;
10.Provisionofmostlynewervehiclesthatwillattractandretaincustomersto
thegreatestextentpossible;
11.Provision ofextracostoptionssuchasGPSwhereappropriate;
12.Parkingareasspecificallydesignatedforpoolvehicleswithnumbered
parkingspacesinclean,secure,well-lightedareasthatallowforcustomer
ingress/egressduringnon-normalbusinesshours;
13.Locationsthatarecloseinproximitytothemajorityofusersand
geographicallydistributedwhenappropriate;
14.Appropriateorganizationalseparationfromfleetmaintenanceand
acquisitionfunctions(theMotorPoolshouldbeconsideredahighpriority
“customer”ofthesefunctions).
Attachment number 1
Page 32 of 33
29
MercuryAssociates,Inc.
InterviewParticipants
Name Department
S.C.Strong Fire
StanLovedayFire
WilliamBuzzellSolidWaste
MuhammadAbdur-RahimPublicServices
PerryLopezPublicServices
RoyThomenPublicServices
DonFilmonPublicServices
WilliamBairdPolice
JoeArrienFleet
JimWoodBuilding&Maintenance
KeithDownsGasSystem
RickNiemillerUtilities
AndrewBlauveltUtilities
RusCarterParks&Recreation
HowardSeligParks&Recreation
BrianMurphreeParks&Recreation
ScottSmithCustomerService
JohnScottCustomerService
JimGearyCustomerService
GordonWillsMarine&Aviation
DougMatthewsPublicCommunications
EleanorScharfLibrary
DanMayerInformationTechnology
SabrinaChuteInformationTechnology
JimDonnellyEconomicDevelopment&Housing
ScottSullivanPlanning
GlenBahnickJr.Engineering
JamesPottsEngineering
JanaHofferleParkingEnforcement
JeffKronschnablDevelopment
NeilLegtersBuilding
DanBatesDevelopmentServices
KevinGarriottDevelopmentServices
Attachment number 1
Page 33 of 33
City of Clearwater
Fleet Utilization ReportFleet Utilization Report
March 2009
Process
Mercury Associates, Inc. hired to examine
fleet size and identify potential savings
Information/data on current fleet provided Information/data on current fleet provided
to Mercury to develop a Fleet profile
856 on-line vehicle surveys completed
On-site department interviews to review
potential for vehicle disposal or sharing
Results
Excellent cooperation from
departments with 99.76% of on-line
surveys completed
On-site interviews identified 22 vehicles
for elimination
Additional 55 vehicles targeted for
shared motor pool by consultant.
Consultant Recommendations
Eliminate 22 vehicles as identified
Review fleet utilization annually, requiring Review fleet utilization annually, requiring
written justification for “underutilized”
Develop a Table of Assets to identify low
use, general purpose units to be shared
Conclusions
Study affirmed that City properly manages
fleet assets; additional cost savings
achievable
Budget process to include additional
justification for vehicle replacements and
retention
Emphasize and expand asset sharing via
motor pools
City of Clearwater
Fleet Utilization ReportFleet Utilization Report
March 2009
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Authorize the negotiated sale of not to exceed $72,500,000 Water and Sewer Revenue Bonds, Series 2009A and not to exceed
$50,000,000 Water and Sewer Revenue Refunding Bonds, Series 2009B, adopt Resolution 09-12 and authorize the appropriate officials
to execute same.
SUMMARY:
The City identified a need of approximately $60.1 million in capital projects for the water and sewer system from 2008 through 2009,
with bonds to be issued in 2009. A list of $60,133,842 in projects is proposed to be financed from the 2009 bond issue.
Resolution 07-28 was adopted on November 1, 2007, which provides for the City to be reimbursed from bond proceeds for expenditures
that occurred on these projects prior to issuance of the bonds.
This resolution authorizes the negotiated sale of not to exceed $72,500,000 of City of Clearwater, FL, Water and Sewer Revenue Bonds,
Series 2009A and authorizes awarding the sale thereof to Wachovia Bank, National Association and the co-managers selected by the
City. Only the amount of bonds needed to fund the $60,133,842 in listed project construction and associated debt service reserve and
issuance costs will be issued.
This resolution also authorizes the negotiated sale of not to exceed $50,000,000 of City of Clearwater, FL Water and Sewer Revenue
Refunding Bonds, Series 2009B, and authorizes the awarding the sale thereof to Wachovia Bank, National Association and the co-
managers selected by the City. Only the amount of bonds needed to refund the then outstanding balance of City of Clearwater, FL
Water and Sewer Revenue Refunding Bonds, Series 1998 and associated issuance costs will be issued.
City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5% …”. The
current prevailing market interest rates on tax-exempt municipal bond issues make it unlikely a refunding will occur at this time.
However, should interest rates decrease at the time of this sale, the threshold for this resolution is reduced to greater than 4% in order
not to miss an opportunity to refund due to a few basis points. Present value savings of 4% are approximately $1,800,000.
This resolution provides for the option to issue Build America Bonds as authorized by Section 1531 of the American Recovery and
Reinvestment Act of 2009. This will only be done if it is financially advantageous to the City.
Type:Operating Expenditure
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo
Resolution 09-12
RESOLUTION NO. 09-12
A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO
EXCEED $72,500,000 CITY OF CLEARWATER, FLORIDA, WATER
AND SEWER REVENUE BONDS, SERIES 2009A; AND NOT TO
EXCEED $50,000,000 CITY OF CLEARWATER, FLORIDA, WATER
AND SEWER REVENUE REFUNDING BONDS, SERIES 2009B,
AWARDING THE SALE THEREOF TO WACHOVIA BANK, NATIONAL
ASSOCIATION, ON BEHALF OF ITSELF AND THE CO-MANAGERS
SELECTED BY THE CITY, SUBJECT TO THE TERMS AND
CONDITIONS OF A PURCHASE CONTRACT; PROVIDING FOR THE
ISSUANCE OF THE SERIES 2009 BONDS IN BOOK-ENTRY-ONLY
FORM; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT IN CONNEC-
TION WITH THE DELIVERY OF THE BONDS; PROVIDING FOR
COMPLIANCE WITH A CONTINUING DISCLOSURE CERTIFICATE;
APPOINTING A PAYING AGENT AND REGISTRAR; APPOINTING AN
ESCROW AGENT; AUTHORIZING THE PURCHASE OF MUNICIPAL
BOND INSURANCE; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH
BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 2, 1984, the City Council of the City of Clearwater,
Florida (the “City or the “Issuer”) enacted Ordinance No. 3674-84 (the “Original
Ordinance”), as amended and supplemented in Ordinance 6915-01 enacted November
15, 2001 (collectively the “Bond Ordinance”) to provide for the issuance of bonds
payable from Net Revenues of the Water and Sewer System (as defined therein); and
WHEREAS on November 5, 1998, the City enacted Ordinance No. 6311-98 (the
“Series 1998 Ordinance) which authorized the issuance of not to exceed $49,000,000
City of Clearwater, Florida, Water and Sewer Refunding Revenue Bonds, Series 1998
(the “Series 1998 Bonds”), as Additional Parity Obligations under the Original
Ordinance to current refund a portion of the City’s outstanding Water and Sewer
Revenue Bonds, Series 1988 (the “Series 1988 Bonds”); and
WHEREAS, it is in the best interest of the City to designate a portion of bonds
authorized by the Bond Ordinance to finance a portion of the Series 2009 Projects as
“Water and Sewer Revenue Bonds, Series 2009A,” (the “Series 2009A Bonds”) and to
refund the Series 1998 Bonds and designate the Refunding Bonds as “Water and
Sewer Revenue Refunding Bonds, Series 2009B” to reflect the year of their issuance
(the Series 2009A Bonds and the Series 2009B Bonds collectively referred to herein as
the “Series 2009 Bonds”); and
Attachment number 1
Page 1 of 10
Resolution 09-12 2
WHEREAS, it is in the best interest of the City to provide for the negotiated sale
of not to exceed $72,500,000 of Series 2009A Bonds and not to exceed $50,000,000 of
Series 2009B Bonds; and
WHEREAS, the Issuer intends on negotiating a sale of the Series 2009 Bonds
with Wachovia Bank, National Association, on behalf of itself and as representative of
the co-managers RBC Capital Markets Corporation, Fifth Third Securities, Inc. and
Merrill Lynch, Pierce, Fenner & Smith Incorporated, each as selected by the City’s
Finance Director following a RFP process (collectively, the “Underwriters”) subject to
the terms and conditions contained herein and set forth in a Purchase Contract, a copy
of which is attached hereto as Exhibit "A" (the "Purchase Contract") and authorizing its
Mayor, or in his absence the Vice Mayor, and City Manager to execute such Purchase
Contract upon the approval of the terms thereof by the City Manager and City Finance
Director; and
WHEREAS, the Issuer now desires to approve the issuance of its Series 2009
Bonds, to sell its Series 2009 Bonds pursuant to the Purchase Contract, to authorize
the distribution of a Preliminary Official Statement and an Official Statement in
connection with the issuance of the Series 2009 Bonds and to take certain other actions
in connection with the issuance and sale of the Series 2009 Bonds; and
WHEREAS, the Issuer will be provided all applicable disclosure information by
the Underwriters as required by Section 218.385, Florida Statutes, prior to the
execution of the Purchase Contract, a copy of which disclosure is to be attached to the
Purchase Contract; and
WHEREAS, this resolution shall constitute a supplemental resolution under the
terms of the Bond Ordinance, and all capitalized undefined terms used herein shall
have the meanings set forth in the Bond Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
SECTION 1. The not to exceed $72,500,000 of the Water and Sewer Revenue
Bonds, Series [to be determined] authorized by the Bond Ordinance being offered
pursuant to this resolution are hereby designated as the 2009A Bonds (the “Series
2009A Bonds”) and not to exceed $50,000,000 of the Water and Sewer Revenue
Refunding Bonds, Series [to be determined] authorized by the Bond Ordinance being
offered pursuant to this resolution are hereby designated as Series 2009B Bonds (the
“Series 2009B Bonds”). In the event the City elects to issue a portion of the Series
2009A Bonds as Build America Bonds, the subseries will be designated as Series
2009A-1 Bonds for the tax exempt bonds and Series 2009A-2 Bonds for the Build
America Bonds. The issuance of not to exceed $72,500,000 of the Series 2009A Bonds
and not to exceed $50,000,000 of the Series 2009B Bonds, by the City is hereby
approved upon the terms and conditions set forth in the Bond Ordinance and this
Resolution.
Attachment number 1
Page 2 of 10
Resolution 09-12 3
The Series 2009A Bonds are hereby authorized to be issued, in whole or in part,
as Build America Bonds as authorized by Section 1531 of the American Recovery and
Reinvestment Act of 2009. The City Manager and the Finance Director, in consultation
with the Financial Advisor and the Underwriter, are hereby authorized to elect to issue
all or a portion of the Series 2009A Bonds as Build America Bonds so long as the net
(after federal subsidy) true interest cost rate to issue such bonds as Build America
Bonds would be lower than issuing the Series 2009A Bonds as tax exempt bonds, and
upon such election, the City Manager and Finance Director are hereby directed to elect
to issue such Build America Bonds with the federal subsidy in lieu of the available tax
credit.
SECTION 2. It is in the best interest of the Issuer and the residents and
inhabitants thereof that the Series 2009 Bonds be issued utilizing a pure book-entry
system of registration. For so long as the Series 2009 Bonds remain in such book entry
only system of registration, in the event of a conflict between the provisions of the Bond
Ordinance and the provisions of the Blanket Letter of Representations between the City
and Depository Trust Company as previously executed and delivered, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 3. (a) Due to the willingness of the Underwriters to purchase not to
exceed $72,500,000 in aggregate principal amount of the Series 2009A Bonds the not
to exceed $50,000,000 in aggregate principal amount of the Series 2009B Bonds, each
at favorable interest costs and the importance of timing in the marketing of such obliga-
tions, it is hereby determined that it is in the best interest of the public and the Issuer to
sell the Series 2009 Bonds at a negotiated sale and such sale to the Underwriters
pursuant to the terms and conditions contained in the Purchase Contract and herein is
hereby authorized and approved, subject to the satisfaction of the conditions set forth in
Section 3(b) below.
(b) The Finance Director is hereby authorized to receive the offer to purchase the
Series 2009 Bonds from the Underwriters in the form of an executed Purchase Contract
in the form approved herein. The City Manager and the Finance Director are hereby
authorized to award the sale of the Series 2009A Bonds and/or the Series 2009B
Bonds, respectively, on their determination that the offer submitted by the Underwriters
for the purchase of all of the Series 2009A Bond and Series 2009B Bonds, respectively,
are within the following parameters: (1) in the case of the Series 2009A Bonds, (i) the
true interest cost (with respect to any portion of the Series 2009A Bonds issued as
Build America Bonds, the true interest cost net of federal subsidy) rate shall not exceed
7.50%, (ii) the Underwriters’ Discount and original issue discount shall not be in the
excess of 3.00% of the principal amount thereof, and (iii) the final maturity date shall not
be later than December 1, 2039, and (2) In the case of the Series 2009B Bonds, (i) the
refunding of that portion of the Series 1998 Bonds to be refunded by the Series 2009B
Bonds shall provide the City with a net present value savings of not less than 4.00% of
the par amount of such Series 1998 Bonds, (ii) the Underwriters’ Discount and original
issue discount shall not be in excess of 3.00% of the principal amount thereof, (iii) the
final maturity shall not be later than December 1, 2018, and (iv) the principal amount
Attachment number 1
Page 3 of 10
Resolution 09-12 4
shall not be in excess of the amount necessary to defease and redeem the 1998 Bonds
to be refunded plus costs of issuing the Series 2009B Bonds. The Finance Director, in
coordination with the City’s financial advisor and the Underwriters, is hereby authorized
and directed to determine what portions of the 1998 Bonds are in the best interest of
the City to be refunded through the issuance of the Series 2009B Bonds. The City
Manager and the Finance Director are hereby authorized to award the sale of the
Series 2009A Bonds and/or the Series 2009B Bonds as set forth above or to reject the
offer from the Underwriters for any or all series of Series 2009 Bonds or any portion
thereof. Such award shall be final. The Finance Director, in consultation with the
Financial Advisor, may elect to sell the Series 2009B Bonds in an offering separate
from the offering of the Series 2009A Bonds. The acceptance of the offer to purchase
the Series 2009B Bonds, to the extent the proceeds thereof are used to refund the
1998 Bonds shall constitute a decision to refund the 1998 Bonds in accordance with the
Series 1998 Ordinance.
SECTION 4. The Series 2009 Bonds shall be sold to the Underwriters, upon the
terms and conditions set forth in the Purchase Contract attached hereto as Exhibit "A"
and incorporated by reference, upon the satisfaction of the conditions set forth in
Section 3(b) hereof. The Mayor, or in his absence the Vice Mayor, the City Manager
and the City Clerk are hereby authorized to execute such Purchase Contract in
substantially the form attached as Exhibit "A" upon the approval of the City Attorney as
to form and legal sufficiency, with such additional changes, insertions and omissions
therein as do not change the substance thereof and as may be approved by the said
officers of the Issuer executing the same, such execution to be conclusive evidence of
such approval.
SECTION 5. The Series 2009 Bonds shall be dated, shall bear interest at a rate
or rates not exceeding the maximum rate permitted by law, payable at the times, shall
mature and shall be subject to redemption as provided in the Purchase Contract. The
use of the proceeds of the Series 2009 Bonds, shall be as provided in the Official
Statement relating to the Series 2009 Bonds.
SECTION 6. The Series 2009 Bonds shall be issued under and secured by the
Bond Ordinance and shall be executed and delivered by the Mayor, the City Manager
and the City Clerk upon the approval of the City Attorney as to form and legal
sufficiency, in substantially the form set forth in the Bond Ordinance, with such
additional changes and insertions therein as conform to the provisions of the Purchase
Contract and such execution and delivery shall be conclusive evidence of the approval
thereof by such officers.
SECTION 7. U.S. Bank National Association, is hereby appointed Paying Agent
and Registrar for the Series 2009 Bonds to serve pursuant to a Paying Agent
Agreement substantially in the form customarily used by the Issuer with its Paying
Agents.
Attachment number 1
Page 4 of 10
Resolution 09-12 5
SECTION 8. U.S. Bank National Association is hereby appointed as the Escrow
Agent under each respective Escrow Deposit Agreement for the 2009B Bonds, which
Escrow Deposit Agreement shall be substantially in the form approved by the Series
1998 Ordinance.
SECTION 9. On the date of issuance of the Series 2009 Bonds, the Issuer may
transfer the funds on hand in the various funds and accounts established for the 1998
Refunding Bonds in such manner as may be approved by a certificate of the Finance
Director executed prior to or simultaneously with the issuance of the Series 2009B
Bonds.
SECTION 10. The distribution by the Underwriters of the Preliminary Official
Statement is hereby approved, confirmed and ratified. The distribution of a final Official
Statement of the Issuer relating to the issuance of the Series 2009 Bonds is hereby
approved, such final Official Statement to be in substantially the form attached hereto
as Exhibit “B”, with such additional changes, insertions and omissions as may be made
and approved by officers of the Issuer executing the same, such execution to be
conclusive evidence of any such approval. The Mayor, or in his absence the Vice
Mayor, and the City Manager are hereby authorized to execute such Official Statement
in substantially the form attached hereto as Exhibit “B”. The execution of such Official
Statement by such officers is hereby approved with such additional changes, insertions
and omissions as may be made and approved by such officers. For purposes of Rule
15c2-12 of the United States Securities and Exchange Commission (the “Rule”), the
City Manager and the Finance Director are hereby authorized and directed to deem
“final” the Preliminary Official Statement in substantially the form attached hereto as
Exhibit “B”.
SECTION 11. The City hereby covenants and agrees that, in order to provide for
compliance by the City with the secondary market disclosure requirements of the Rule,
that it will comply with and carry out all of the provisions of that certain Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit “C”, to be
executed by the City and dated the date of issuance and delivery of the Series 2009
Bonds, as it may be amended from time to time in accordance with the terms thereof
(the "Continuing Disclosure Certificate"). Notwithstanding any other provision of this
Resolution, failure of the City to comply with such Continuing Disclosure Certificate
shall not be considered an event of default; however, any holder of Series 2009 Bonds
may take such actions as may be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the City to comply with its
obligations under this Section and the Continuing Disclosure Certificate. The Mayor, or
in his absence the Vice Mayor, the City Manager and the City Clerk are hereby
authorized to execute such Continuing Disclosure Certificate upon the approval of the
City Attorney as to form and legal sufficiency, in substantially the form attached as
Exhibit "C", with such additional changes, insertions and omissions therein as do not
change the substance thereof and as may be approved by the said officers of the
Issuer executing the same, such execution to be conclusive evidence of such approval.
Attachment number 1
Page 5 of 10
Resolution 09-12 6
SECTION 12. (a) Pursuant to the Bond Ordinance, the City Manager and
Finance Director are hereby authorized, after consultation with the City’s Financial
Advisor, to select the provider (“Bond Insurer”) for Municipal Bond Insurance Policies as
the Credit Facility (as defined in the Bond Ordinance) as additional security for payment
of all or designated portions of the principal and interest on each series and/or
maturities of the Series 2009 Bonds. The determination of the City Manager and
Finance Director shall be final. Payment for such Municipal Bond Insurance Policies
from proceeds of each of the series of the Series 2009 Bonds is hereby authorized. The
Issuer hereby accepts the terms, conditions and agreements relating to the Municipal
Bond Insurance Policy in accordance with the Commitment for Municipal Bond
Insurance as accepted by the City Manager and Finance Director. A statement of
insurance is hereby authorized to be printed on or attached to the Series 2009 Bonds
for the benefit and information of the holders of the Series 2009 Bonds.
(b) For so long as the Credit Facility is applicable to the Series 2009 Bonds, the
additional provisions set forth in the Commitment with respect to notices to the Bond
Insurer and payment procedures under the Credit Facility are hereby approved and
ratified. In addition to the covenants and agreements of the City previously contained in
the Bond Ordinance regarding the rights of the Credit Facility Issuer which are
incorporated herein, the City hereby covenants and agrees for the benefit of the Credit
Facility Issuer and the holders of the Series 2009 Bonds while the Credit Facility
insuring the Series 2009 Bonds is in full force and effect, to provide the Credit Facility
Issuer with copies of any notices to be given to any party pursuant to the Bond
Ordinance, and to provide prior notice to the Credit Facility Issuer of any amendments
to the Bond Ordinance.
(c) The City Manager and Finance Director are hereby authorized and directed to
determine, with input from the City’s Financial Advisor, whether the purchase of a debt
service reserve fund surety policy or bond or similar instrument (a “Reserve Surety”)
would be in the best interest of the City rather than funding any increase in the debt
service reserve fund for the Series 2009 Bonds solely with proceeds of the Series 2009
Bonds or other legally available funds of the City. In the event the City Manager and
the Finance Director determine that it would be in the best interest of the City to
purchase a Reserve Surety, they shall select the Reserve Surety that provides the
greatest value to the City as determined by the City Manager and the Finance Director
after consultation with the Financial Advisor, so long as the Reserve Surety is in a form
acceptable to the Credit Facility Issuer. The determination of the City Manager and
Finance Director shall be final. In the event the City Manager and Finance Director
determine to use a Reserve Surety, then this Resolution shall be deemed to include the
provisions set forth in the commitment for such Reserve Surety, and the Mayor, or in his
absence the Vice Mayor, and City Manager are authorized to execute and the Clerk is
authorized to attest upon the approval thereof as to from and legal sufficiency by the
City Attorney, a financial guaranty agreement or similar agreement, with such changes,
insertions and omissions as may be approved by such officers. For purposes hereof,
the Reserve Requirement (as defined in the Original Ordinance) shall be maximum
annual debt service on all Bonds outstanding under the Original Ordinance, with any
Attachment number 1
Page 6 of 10
Resolution 09-12 7
required contribution thereto as a result of the issuance of the Series 2009 Bonds shall
be paid from proceeds of the Series 2009 Bonds but not in excess of the amount equal
to the lesser of (i) the Maximum Bond Service Requirement of the Series 2009 Bonds,
(ii) 125% of the average annual Bond Service Requirement of the Series 2009 Bonds,
or (iii) 10% of the net proceeds of the Series 2009 Bonds.
SECTION 13. All prior resolutions of the Issuer inconsistent with the provisions
of this resolution are hereby modified, supplemented and amended to conform with the
provisions herein contained and except as otherwise modif ied, supplemented and
amended hereby shall remain in full force and effect.
SECTION 14. The Mayor, or in his absence the Vice Mayor, the City Manager,
the Finance Director, the City Attorney and the City Clerk or any other appropriate
officers of the Issuer are hereby authorized and directed to execute any and all
certifications or other instruments or documents required by the Resolution, the
Purchase Contract, the Escrow Deposit Agreement or any other document referred to
above as a prerequisite or precondition to the issuance of the Series 2009 Bonds and
any such representation made therein shall be deemed to be made on behalf of the
Issuer, and the City Manager and the Finance Director are hereby authorized to take
such actions as may be necessary or desired to effect the refunding of the Series 1998
Bonds, including, but not limited to, the selection of a verification agent and escrow
investments. In the event both the Mayor and the Vice Mayor are unable to execute the
documents related to the Series 2009 Bonds, then any other member of the City
Council shall be authorized to execute such documents with the full force and effect as
if the Mayor, or the Vice Mayor had executed same. All action taken to date by the
officers of the Issuer in furtherance of the issuance of the Series 2009 Bonds is hereby
approved, confirmed and ratified.
SECTION 15. This resolution shall become effective immediately upon its
adoption.
Passed and adopted by the City Council of the City of Clearwater, Florida, this
____ day of ________, 2009.
CITY OF CLEARWATER, FLORIDA
By: __________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ _______________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 7 of 10
Resolution 09-12 8
EXHIBIT A
PURCHASE CONTRACT
Attachment number 1
Page 8 of 10
Resolution 09-12 9
EXHIBIT B
PRELIMINARY OFFICIAL STATEMENT
Attachment number 1
Page 9 of 10
Resolution 09-12 10
EXHIBIT C
CONTINUING DISCLOSURE CERTIFICATE
Attachment number 1
Page 10 of 10
CITY OF CLEARWATER, FLORIDA
$_________________WATER AND SEWER REVENUE BONDS, SERIES 2009A
$_________________WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2009B
May __, 2009
BOND PURCHASE AGREEMENT
Mayor and City Council
Municipal Services Building, 3rd Floor
100 S. Myrtle Avenue
Clearwater, FL 33756
Ladies and Gentlemen:
Wachovia Bank, National Association (the “Representative”), as representative of itself,
RBC Capital Markets Corporation, Fifth Third Securities, Inc. and Merrilll Lynch, Pierce,
Fenner and Smith Incorporated (collectively, the “Underwriters”), offers to enter into this Bond
Purchase Agreement with the City of Clearwater, Florida (the “City”). This offer is made
subject to written acceptance hereof by the City at or before 12:00 midnight, New York City
time, on the date hereof. If not so accepted, this offer will be subject to withdrawal by the
Underwriters upon written notice delivered to the City at any time prior to the acceptance hereof
by the City.
1. Purchase and Sale. Upon the terms and conditions and in reliance on the
representations, warranties, covenants and agreements set forth herein, the Underwriters hereby
agree to purchase from the City, and the City hereby agrees to sell and deliver to the
Underwriters, all (but not less than all) of the $_________ aggregate principal amount of the
City's Water and Sewer Revenue Bonds, Series 2009A (the "Series 2009A Bonds") and
$_________ aggregate principal amount of the City's Water and Sewer Revenue Refunding
Bonds, Series 2009B (the "Series 2009B Bonds," and together with the "Series 2009B Bonds,"
the “Series 2009 Bonds”). The Series 2009 Bonds shall be dated their date of delivery and shall
be payable in the years and principal amounts, bear such rates of interest and be subject to
redemption prior to maturity, all as set forth in Exhibit A attached hereto. The purchase price for
the Series 2009A Bonds shall be $_____________ (representing the par amount of the Series
2009A Bonds, [less net original issue discount][plus net original issue premium] of
$___________ and less Underwriters’ discount of $_____________). The purchase price for the
Series 2009B Bonds shall be $_____________ (representing the par amount of the Series 2009B
Bonds, [less net original issue discount][plus net original issue premium] of $___________ and
less Underwriters’ discount of $_____________). The purchase price shall be payable to the
City in immediately available funds[, with the exception of the premiums for the financial
guaranty insurance policy (the “Insurance Policy”) and the reserve account surety bond (the
“Reserve Account Surety Bond”) to be issued by __________________ (the “Insurer”), which
shall be payable to the Insurer directly by the Underwriters in immediately available funds].
The Series 2009 Bonds shall be as described in the hereinafter described Preliminary
Official Statement ("Preliminary Official Statement"), and shall be issued under the authority of
Attachment number 2
Page 1 of 19
2
and in full compliance with the Constitution and laws of the State of Florida, including Chapter
166, Florida Statutes, the Charter of the City, the Bond Ordinance (as defined in the hereinafter
described Resolution), (the “Ordinance”) and other applicable provisions of law (collectively, the
“Act”) and Resolution 09-12 of the City, adopted on April 15, 2009 (the “Resolution”).
Terms used in capitalized form and not defined herein shall have the meanings assigned
to such terms in the Resolution and the Preliminary Official Statement.
2. Delivery of Official Statement and Other Documents. (a) Prior to the date hereof,
the City provided to the Underwriters the Preliminary Official Statement dated April __, 2009
(the “Preliminary Official Statement”), that the City deemed final as of its date, except for
certain permitted omissions (the “permitted omissions”), as contemplated by Rule 15c2-12 of the
Securities and Exchange Commission (“Rule 15c2-12” or the “Rule”) in connection with the
pricing of the Series 2009 Bonds. The City hereby confirms that the Preliminary Official
Statement was final as of its date, except for the permitted omissions, and ratifies and confirms
the use and distribution thereof by the Underwriters prior to the date hereof in connection with
the public offering of the Series 2009 Bonds.
(b) The City shall deliver, or cause to be delivered, at its expense, to the Underwriters
within seven (7) business days after the date hereof, sufficient copies of the final printed Official
Statement dated the date hereof (the “Official Statement”) in form and substance satisfactory to
the Underwriters. In determining whether the number of copies to be delivered by the City is
sufficient, the number shall be sufficient to enable the Underwriters to comply with the
requirements of Rule 15c2-12, all applicable rules of the Municipal Securities Rulemaking Board
(“MSRB”) and to fulfill their duties and responsibilities under Florida and federal securities laws
generally.
The City authorizes the use and distribution of the Official Statement in connection with
the public offering and sale of the Series 2009 Bonds.
(c) From the date hereof to and including the date which is twenty-five days from the
end of the underwriting period (as defined for purposes of Rule 15c2-12), if an event occurs
which, in the reasonable opinion of the Underwriters or in the reasonable opinion of the City,
requires a supplement or amendment to the Official Statement so that it will not contain any
untrue statement of a material fact or omit to state a material fact necessary in order to make the
statements therein, in the light of the circumstances under which they were made, not
misleading, the City will supplement or amend the Official Statement in a form and in a manner
approved by the Underwriters and the City. The City will promptly notify the Representative of
the occurrence of any event of which it has knowledge, which, in its opinion, is an event
described in the preceding sentence. The amendments or supplements that may be authorized for
use with respect to the Series 2009 Bonds are hereinafter included within the term “Official
Statement.”
3. Public Offering. The Underwriters agree to make a bona fide offering to the
public of all of the Series 2009 Bonds at not in excess of the initial public offering price or prices
(or below the yield or yields) set forth in Exhibit A hereto; provided, however, that the
Underwriters may (i) offer and sell the Series 2009 Bonds at prices lower (or yields higher) than
the public offering prices (or yields) set forth in Exhibit A hereto and (ii) change such initial
offering prices (or yields) as the Underwriters may deem necessary in connection with the
marketing of the Series 2009 Bonds.
Attachment number 2
Page 2 of 19
3
4. Good Faith Check. The City hereby acknowledges receipt of a corporate check of
the Representative payable to the City in an amount equal to $________ (the “Good Faith
Check”) as security for the performance by the Underwriters of their obligation to accept and pay
for the Series 2009 Bonds at the Closing in accordance with the provisions of this Bond Purchase
Agreement. The City shall retain the check, uncashed, except under the circumstances
hereinafter set forth. In the event the City fails to deliver the Series 2009 Bonds at the Closing,
or if the City shall be unable to satisfy the conditions to the obligations of the Underwriters
contained in this Bond Purchase Agreement, or if such obligations shall be terminated for any
reason permitted by this Bond Purchase Agreement, the City shall be obligated to immediately
return the uncashed Good Faith Check to the Representative. In the event the Underwriters
accept and pay for the Series 2009 Bonds at Closing, the uncashed Good Faith Check shall be
returned to the Representative at Closing. In the event the Underwriters fail (other than for a
reason permitted under this Bond Purchase Agreement) to accept and pay for the Series 2009
Bonds at Closing, the Good Faith Check may be cashed and the proceeds thereof shall be
retained by the City as and for full liquidated damages for such failure, and not as a penalty, and
for any and all defaults hereunder on the part of the Underwriters, and thereupon, all claims and
rights hereunder against the Underwriters shall be fully released and discharged, it being
understood by the City and the Underwriters that actual damages in such circumstances may be
difficult or impossible to compute.
5. City Representations, Warranties, Covenants and Agreements. The City
represents and warrants to and covenants and agrees with the Underwriters that, as of the date
hereof and as of the date of the Closing:
(a) The Preliminary Official Statement was, as of the date thereof, and the Official
Statement will be as of its date, and at all times subsequent thereto up to and including the date
twenty-five days following the end of the underwriting period (as defined for purposes of Rule
15c2-12) will remain, true and correct in all material respects, and the Preliminary Official
Statement did not, as of the date thereof, and the Official Statement will not at any time up to and
including the date twenty-five days following the end of the underwriting period, contain any
untrue statement of a material fact or omit to state a material fact necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading. In addition,
any amendments or supplements to the Official Statement prepared and furnished by the City
pursuant hereto will not contain any untrue statement of a material fact or omit to state any material
fact necessary to make the statements therein, in light of the circumstances under which they were
made, not misleading.
(b) Except as disclosed in the Preliminary Official Statement, the City is not, nor has
it been, in default any time after December 31, 1975, as to principal or interest with respect to an
obligation issued or guaranteed by the City and which is required to be disclosed in the Official
Statement pursuant to Section 517.051, Florida Statutes.
(c) Except as disclosed in the Preliminary Official Statement, the City has at all times
complied with all of its prior continuing disclosure undertakings entered into pursuant to
paragraph (b)(5) of Rule 15c2-12.
(d) The City will furnish such information, execute such instruments and take such other
action not inconsistent with law in cooperation with the Underwriters as the Underwriters may
reasonably request in order to (i) qualify the Series 2009 Bonds for offer and sale under the Blue
Sky or other securities laws and regulations of such states and other jurisdictions of the United
Attachment number 2
Page 3 of 19
4
States as the Underwriters may designate and (ii) determine the eligibility of the Series 2009 Bonds
for investment under the laws of such states and other jurisdictions, and will use its best efforts to
continue such qualifications in effect so long as required for the distribution of the Series 2009
Bonds; provided that the City shall not be obligated to take any action that would subject it to
general or special service of process in any state where it is not now so subject or qualify the City to
do business in such other jurisdictions.
(e) The City will advise the Underwriters promptly of any proposal to amend or
supplement the Official Statement and will not effect any such amendment or supplement without
such prior notice to the Underwriters. The City will advise the Underwriters promptly of the
institution of any proceedings known to it prohibiting or otherwise affecting the use of the Official
Statement in connection with the offering, sale or distribution of the Series 2009 Bonds.
6. The Closing. At or prior to noon, New York City time, on May __, 2009, or at
such earlier or later time or date to which the City and the Underwriters may mutually agree, the
City will, subject to the terms and conditions hereof, deliver the Series 2009 Bonds to the
Underwriters in full book-entry form, duly executed, together with the other documents
hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriters will
accept such delivery and pay the aggregate purchase price of the Series 2009 Bonds as set forth
in Paragraph 1 hereof (such delivery of and payment for the Series 2009 Bonds is herein called
the “Closing”). The Closing shall occur at the offices of the City, or such other place to which
the City and the Underwriters shall have mutually agreed. The Series 2009 Bonds shall be
prepared and delivered as fully registered bonds in authorized denominations and registered in
full book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company,
New York, New York (“DTC”), and shall be delivered to DTC through the “F.A.S.T.”
procedure.
7. Closing Conditions. The Underwriters have entered into this Bond Purchase
Agreement in reliance upon the representations, warranties, covenants and agreements of the
City contained herein and in reliance upon the representations, warranties, covenants and
agreements to be contained in the documents and instruments to be delivered at the Closing and
upon the performance by the City of its obligations hereunder, both as of the date hereof and as
of the date of the Closing. Accordingly, the Underwriters’ obligations under this Bond Purchase
Agreement to purchase, to accept delivery of and to pay for the Series 2009 Bonds shall be
conditioned upon the performance by the City of its obligations to be performed hereunder and
under such documents and instruments at or prior to the Closing, and shall also be subject to the
following additional conditions:
(a) The representations, warranties, covenants and agreements of the City contained
herein shall be true, complete and correct on the date hereof and on and as of the date of the
Closing, as if made on the date of the Closing;
(b) At or prior to the Closing, the Underwriters shall have received copies of each of the
following documents:
(1) An opinion of Bryant Miller Olive, P. A., Bond Counsel (“Bond
Counsel”), dated the date of the Closing and addressed to the City, in substantially the
form attached as an appendix to the Official Statement, accompanied by a letter
authorizing the Underwriters to rely thereon as though such opinion was addressed to the
Underwriters;
Attachment number 2
Page 4 of 19
5
(2) An opinion of Bond Counsel, dated the date of the Closing and addressed
to the Underwriters, in substantially the form attached hereto as Exhibit C;
(3) An opinion of the City Attorney, dated the date of Closing and addressed
to at least the City and the Underwriters, in substantially the form attached hereto as
Exhibit D;
(4) A certificate, dated the date of the Closing, signed by the City Manager of
the City or other authorized officer of the City in substantially the form attached hereto as
Exhibit E (but in lieu of or in conjunction with such certificate the Underwriters may, in
their sole discretion, accept certificates or opinions of Bond Counsel, the City Attorney,
or of other counsel acceptable to the Underwriters, that in the opinion of such counsel the
issues raised in any pending or threatened litigation referred to in such certificate are
without substance or that the contentions of all plaintiffs therein are without merit);
(5) The opinion of Nabors, Giblin & Nickerson, P. A. (“Disclosure Counsel”),
dated the date of the Closing and addressed to the City and the Underwriters, to the effect
that, with said firm’s participation in the preparation and review of the Official Statement
and without having undertaken to determine independently the accuracy or completeness
of the contents of the Official Statement, nothing has come to the attention of said firm
that would cause it to believe that the Official Statement (except for the financial and
statistical data contained therein and information relating to the book-entry only
registration system as to which no opinion need be expressed) contains an untrue
statement of a material fact or omits to state a material fact required to be stated therein
or necessary to make the statements made therein, in light of the circumstances under
which they were made, not misleading;
(6) Certified copies of the Ordinance and the Resolution;
(8) A copy of the executed Continuing Disclosure Certificate, Escrow Deposit
Agreement and Official Statement;
(9) [Copies of the Insurance Policy and the Reserve Account Surety Bond
issued by the Insurer with respect to the Series 2009 Bonds;]
(10) [Executed copy of the Guaranty Agreement;]
(11) [A certificate of an officer of the Insurer dated the date of the Closing and
addressed to the Underwriters, concerning the Insurer, the Insurance Policy, the Reserve
Account Surety Bond, the Guaranty Agreement and the information relating to the
Insurer and the Insurance Policy contained in the Official Statement, in form and
substance satisfactory to the Underwriters;]
(12) [An opinion, dated the date of the Closing and addressed to the
Underwriters, of counsel for the Insurer, in such form as is mutually and reasonably
acceptable to the City and the Underwriters;]
(13) Evidence of ratings from Fitch Ratings (“Fitch”), Standard & Poor’s
Ratings Services (“S&P”) and Moody's Investors Service ("Moody's") on the Series 2009
Attachment number 2
Page 5 of 19
6
Bonds of ___, ___ and ___, repectively, based on the Insurance Policy, and of a ___, ___,
___, respectively, without regard to the Insurance Policy;
(14) The written consent of Burton and Associates, to the use of their report in
Appendix F of the Preliminary and final Official Statement; and
(15) Such additional legal opinions, certificates, instruments and other
documents as the Underwriters may reasonably request to evidence the truth and
accuracy, as of the date hereof and as of the date of the Closing, of the representations,
warranties, covenants and agreements of the City contained herein and the truth, accuracy
and completeness of the statements and information contained in the Official Statement
and the due performance or satisfaction by the City on or prior to the date of the Closing
of all agreements then to be performed and conditions then to be satisfied by it.
All of the opinions, letters, certificates, instruments and other documents mentioned
above or elsewhere in this Bond Purchase Agreement shall be deemed to be in compliance with
the provisions hereof if, but only if, they are in form and substance satisfactory to the
Underwriters, with such exceptions and modifications as shall be approved by the Underwriters
and as shall not, in the reasonable opinion of the Underwriters, materially impair the investment
quality of the Series 2009 Bonds.
If the City shall be unable to satisfy the conditions to the obligations of the Underwriters
to purchase, to accept delivery of and to pay for the Series 2009 Bonds contained in this Bond
Purchase Agreement, or if the obligations of the Underwriters to purchase, to accept delivery of
and to pay for the Series 2009 Bonds shall be terminated for any reason permitted by this Bond
Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the
Underwriters nor the City shall be under any further obligation hereunder, except that the
respective obligations of the City and the Underwriters set forth in Paragraph 9 hereof shall
continue in full force and effect.
8. Termination. The Underwriters may terminate this Bond Purchase Agreement by
written notice to the City in the event that between the date hereof and the Closing:
(a) the marketability of the Series 2009 Bonds or the market price thereof, in the
reasonable opinion of the Underwriters, has been materially adversely affected by an amendment to
the Constitution of the United States or by any legislation (other than any actions taken by either
House of Congress on or prior to the date hereof) (i) enacted or adopted by the United States, (ii)
recommended to the Congress or otherwise endorsed for passage, by press release, other form of
notice or otherwise, by the President of the United States, the Chairman or ranking minority
member of the Committee on Finance of the United States Senate or the Committee on Ways and
Means of the United States House of Representatives, the Treasury Department of the United States
or the Internal Revenue Service, or (iii) favorably reported out of the appropriate Committee for
passage to either House of the Congress by any full Committee of such House to which such
legislation has been referred for consideration, or by any decision of any court of the United States
or by any order, rule or regulation (final, temporary or proposed) on behalf of the Treasury
Department of the United States, the Internal Revenue Service or any other authority or regulatory
body of the United States, or by a release or announcement or communication issued or sent by the
Treasury Department or the Internal Revenue Service of the United States, or any comparable
legislative, judicial or administrative development affecting the federal tax status of the City, its
Attachment number 2
Page 6 of 19
7
property or income, obligations of the general character of the Series 2009 Bonds, as contemplated
hereby, or the interest thereon; or
(b) any legislation, rule, or regulations shall be introduced in, or be enacted or adopted
in the State of Florida, or a decision by any court of competent jurisdiction within the State of
Florida shall be rendered which, in the reasonable opinion of the Underwriters, materially adversely
affects the market for the Series 2009 Bonds or the sale, at the contemplated offering prices, by the
Underwriters of the Series 2009 Bonds to be purchased by them; or
(c) any amendment to the Official Statement is proposed by the City or deemed
necessary by Bond Counsel, or the Underwriters which, in the reasonable opinion of the
Underwriters, materially adversely affects the market for the Series 2009 Bonds or the sale, at the
contemplated offering prices, by the Underwriters of the Series 2009 Bonds to be purchased by
them; or
(d) there shall have occurred any outbreak or escalation of hostility, act of terrorism,
declaration by the United States of a national emergency or war or other calamity or crisis the effect
of which on financial markets is such as to make it, in the judgment of the Underwriters, impractical
or inadvisable to proceed with the offering or delivery of the Series 2009 Bonds as contemplated by
the Official Statement (exclusive of any amendment or supplement thereto), or
(e) legislation shall be enacted or adopted, or any action shall be taken by, or on behalf
of, the Securities and Exchange Commission which, in the reasonable opinion of Bond Counsel, has
the effect of requiring the contemplated distribution of the Series 2009 Bonds to be registered under
the Securities Act of 1933, as amended, or the Resolution to be qualified under the Trust Indenture
Act of 1939, as amended, or any laws analogous thereto relating to governmental bodies, and
compliance therewith cannot be accomplished prior to the Closing; or
(f) legislation shall be introduced by amendment or otherwise in or be enacted by, the
House of Representatives or the Senate of the Congress of the United States, or a decision by a
Court of the United States of America shall be rendered, or a stop order, ruling, release, regulation,
official statement or no-action letter by or on behalf of the Securities and Exchange Commission or
any other governmental authority having jurisdiction of the subject matter of the Series 2009 Bonds
shall have been proposed, issued or made (which is beyond the control of the Underwriters or the
City to prevent or avoid) to the effect that the issuance, offering or sale of the Series 2009 Bonds as
contemplated hereby or by the Official Statement, or any document relating to the issuance, offering
or sale of the Series 2009 Bonds is or would be in violation of any of the federal securities laws at
Closing, including the Securities Act of 1933, as amended and then in effect, the Securities
Exchange Act of 1934, as amended and then in effect, or the Trust Indenture Act of 1939, as
amended and then in effect, or with the purpose or effect of otherwise prohibiting the offering and
sale of obligations of the general character of the Series 2009 Bonds, or the Series 2009 Bonds, as
contemplated hereby; or
(g) there shall have occurred, after the signing hereof, either a financial crisis or a
default with respect to the debt obligations of the City or proceedings under the federal or State of
Florida bankruptcy laws shall have been instituted by the City, in either case the effect of which, in
the reasonable judgment of the Underwriters, is such as to materially and adversely affect (i) the
market price or the marketability of the Series 2009 Bonds, or (ii) the ability of the Underwriters to
enforce contracts for the sale of the Series 2009 Bonds; or
Attachment number 2
Page 7 of 19
8
(h) a general banking moratorium shall have been declared by the United States, New
York, North Carolina or Florida authorities, which in the reasonable opinion of the Underwriters,
materially adversely affects the market for the Series 2009 Bonds or the sale, at the contemplated
offering prices, by the Underwriters of the Series 2009 Bonds to be purchased by them; or
(i) any national securities exchange, or any governmental authority, shall impose, as to
the Series 2009 Bonds or obligations of the general character of the Series 2009 Bonds any
material restrictions not now in force, or increase materially those now in force, with respect to the
establishment of material restrictions upon trading of securities, including limited or minimum
prices, by any governmental authority or by any national securities exchange, which in the
reasonable opinion of the Underwriters, materially adversely affects the market for the Series 2009
Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Series 2009 Bonds
to be purchased by them; or
(j) legal action shall have been filed against the City wherein an adverse ruling would
materially adversely affect the transactions contemplated hereby or by the Official Statement or the
validity of the Series 2009 Bonds, the Ordinance, the Resolution, the Continuing Disclopsure
Certificate, the Escrow Deposit Agreement or this Bond Purchase Agreement; provided, however,
that as to any such litigation, the City may request and the Underwriters may accept an opinion by
the City Attorney, Bond Counsel, or of other counsel acceptable to the Underwriters, that in such
counsel’s opinion the issues raised by any such litigation or proceeding are without substance or that
the contentions of any plaintiffs therein are without merit; or
(k) any information shall have become known which, in the Underwriters’ reasonable
opinion, makes untrue, incorrect or misleading in any material respect any statement or information
contained in the Official Statement, as the information contained therein has been supplemented or
amended by other information, or causes the Official Statement, as so supplemented or amended, to
contain an untrue, incorrect or misleading statement of a material fact or to omit to state a material
fact required or necessary to be stated therein in order to make the statements made therein, in light
of the circumstances under which they were made, not misleading and upon the receipt of notice of
same by the City, the City fails to promptly amend or supplement the Official Statement; or
(l) an event occurs as a result of which the Official Statement, as then amended or
supplemented, would include an untrue statement of a material fact or omit to state any material fact
which is required or necessary to be stated therein in order to make the statements made therein, in
the light of the circumstances under which they were made, not misleading which, in the reasonable
opinion of the Underwriters, requires an amendment or supplement to the Official Statement and, in
the reasonable opinion of the Underwriters, materially adversely affects the marketability of the
Series 2009 Bonds or the contemplated offering prices thereof and upon the receipt of notice by the
City, the City fails to promptly amend or supplement the Official Statement; or
(m) trading in the City’s outstanding securities shall have been suspended by the
Securities and Exchange Commission or trading in securities generally on the New York Stock
Exchange shall have been suspended or limited or minimum prices shall have been established on
such Exchange; or
(n) there shall have occurred since September 30, 2006 any material adverse change
in the affairs of the City from that reflected in the audited and unaudited financial statements of
the City included in the Official Statement which has a material affect on the market for the
Attachment number 2
Page 8 of 19
9
Series 2009 Bonds or the sale, at the contemplated offering prices, by the Underwriters of the
Series 2009 Bonds, other than as previously disclosed to the Underwriters in writing.
9. Expenses. The Underwriters shall be under no obligation to pay, and the City
shall pay, any expenses incident to the performance of the obligations of the City hereunder
including, but not limited to: (a) the cost of preparation, printing or other reproduction of the
Resolution; (b) the cost of preparation and printing of the Series 2009 Bonds; (c) the fees and
disbursements of Bond Counsel, Disclosure Counsel and the City Attorney; (d) the fees and
disbursements of any other experts, consultants or advisors retained by the City; (e) fees for bond
ratings; (f) [the premium for the Insurance Policy]; (g) the fees and expenses of the Registrar, the
Paying Agent and of their respective counsel; (h) the costs of preparing, printing and delivering
the Preliminary Official Statement, the Official Statement and any supplements or amendments
to either of them; and (i) expenses (including in the expense component of the Underwriters’
Discount) incurred on behalf of the City’s employees which are incidental to implementing this
agreement, including, but not limited to meals and transportation of those City employees;
however, the City shall have no obligation to pay any fees, costs or other amounts relating to any
supplements or amendments to the Official Statement required as a result of incorrect
information provided by the Underwriters or to the extent such amendment or supplement is
prepared after the period described in paragraph 2(c) hereof (provided that for purposes of this
paragraph, the end of the underwriting period shall be deemed to be the date of the Closing).
The Underwriters shall pay: (a) the cost of any related filing fees under state securities
laws; (b) all advertising expenses incurred by them; and (c) all other expenses incurred by them
or any of them in connection with the public offering of the Series 2009 Bonds, including the
fees and disbursements of Counsel to the Underwriters. In the event that either party shall have
paid obligations of the other as set forth in this Section 9, adjustment shall be made at the time of
the Closing.
10. Notices. Any notice or other communication to be given to the City under this
Bond Purchase Agreement may be given by delivering the same in writing at its address set forth
above to the attention of the City Manager, and any notice or other communication to be given to
the Underwriters may be given by delivering the same in writing to Wachovia Bank, National
Association, 3637 4th Street North, Suite 330, St. Petersburg, FL 33704, Attention: David
Thornton.
11. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit
of the City and the Underwriters (including the successors or assignees of the City or the
Underwriters) and no other party or person shall acquire or have any right hereunder or by virtue
hereof. All representations, warranties, covenants and agreements in this Bond Purchase
Agreement shall remain operative and in full force and effect, regardless of: (i) any
investigations made by or on behalf of the Underwriters; (ii) the delivery of and payment for the
Series 2009 Bonds pursuant to this Bond Purchase Agreement; or (iii) any termination of this
Bond Purchase Agreement, but only to the extent provided by the last paragraph of Section 7
hereof.
12. Waiver. Notwithstanding any provision herein to the contrary, the performance
of any and all obligations of the City hereunder and the performance of any and all conditions
contained herein for the benefit of the Underwriters may be waived by the Underwriters, in their
sole discretion.
Attachment number 2
Page 9 of 19
10
13. Effectiveness. This Bond Purchase Agreement shall become effective upon the
execution of the acceptance hereof by the Mayor or City Manager and shall be valid and
enforceable at the time of such acceptance.
14. Counterparts. This Bond Purchase Agreement may be executed in several
counterparts, each of which shall be regarded as an original and all of which shall constitute one
and the same document.
15. Headings. The headings of the sections of this Bond Purchase Agreement are
inserted for convenience only and shall not be deemed to be a part hereof.
16. Florida Law Governs. The validity, interpretation and performance of this Bond
Purchase Agreement shall be governed by the laws of the State of Florida.
17. Truth In Bonding Statement. Pursuant to the provisions of Section 218.385(2)
and (3), Florida Statutes, as amended, the Underwriters provide the following truth-in-bonding
statement:
(a) The City is issuing $_________ aggregate principal amount of the City's Water
and Sewer Revenue Bonds, Series 2009A (the "Series 2009A Bonds") and $_________
aggregate principal amount of the City's Water and Sewer Revenue Refunding Bonds, Series
2009B (the "Series 2009B Bonds," and together with the "Series 2009B Bonds," the “Series
2009 Bonds”) for the purposes of: (i) refinancing the Refunded Bonds and paying costs of the
Series 2009 Project, and (ii) paying costs and expenses incurred in connection with the issuance
and sale of the Series 2009 Bonds[, including the payment of the premiums on the Insurance
Policy and Reserve Account Surety Bond]. The Series 2009 Bonds are expected to be repaid over
a period of approximately ____ years. At a true interest cost of ________%, total interest paid over
the life of the obligations will be $______________.
(b) The sources of repayment for the Series 2009 Bonds are the Net Revenues.
Authorizing the Series 2009 Bonds will result in an average of approximately $___________ of Net
Revenues not being available to finance other services of the City every year for approximately
____ years.
Attachment number 2
Page 10 of 19
11
18. Entire Agreement. This Bond Purchase Agreement when accepted by you in
writing as heretofore specified shall constitute the entire agreement between us and is made
solely for the benefit of the City and the Underwriters (including the successors or assigns of the
City or the Underwriters). No other person shall acquire or have any right hereunder or by virtue
hereof.
WACHOVIA BANK, NATIONAL ASSOCIATION
RBC CAPITAL MARKETS CORPORATION
FIFTH THIRD SECURITIES, INC.
MERRILL LLYNCH, PIERCE, FENNER AND SMITH INCORPORATED
By: WACHOVIA BANK, NATIONAL ASSOCIATION
By:___________________________________
Name: David R. Thornton
Title: Managing Direcor
Accepted by:
CITY OF CLEARWATER, FLORIDA
By:
Name:
Title:
Attachment number 2
Page 11 of 19
A-1
EXHIBIT A
TERMS OF BONDS
Maturity Schedule
Maturity Principal Amount Interest Rate Yield
Redemption of Series 2009 Bonds
Series 2009A Bonds Mandatory Sinking Fund Redemption
The Series 2009A Bonds maturing on December 1, [ ] will be subject to
mandatory redemption prior to maturity, selected by lot, or in such manner as the
Registrar may deem appropriate, at a redemption price equal to par plus accrued
interest to the redemption date, on December 1, [ ], and each December 1 thereafter,
from amounts deposited in the Redemption Account in the Bond Service Fund
established by the Ordinance, in the following years and amounts as follows:
Year Amount
* Maturity
The Series 2009A Bonds maturing on December 1, [ ] will be subject to
mandatory redemption prior to maturity, selected by lot, or in such manner as the
Registrar may deem appropriate, at a redemption price equal to par plus accrued
interest to the redemption date, on December 1, [ ], and each December 1 thereafter,
Attachment number 2
Page 12 of 19
A-2
from amounts deposited in the Redemption Account in the Bond Service Fund
established by the Ordinance, in the following years and amounts as follows:
Year Amount
* Maturity
Series 2009B Bonds Mandatory Sinking Fund Redemption
The Series 2009B Bonds maturing on December 1, [ ] will be subject to
mandatory redemption prior to maturity, selected by lot, or in such manner as the
Registrar may deem appropriate, at a redemption price equal to par plus accrued
interest to the redemption date, on December 1, [ ], and each December 1 thereafter,
from amounts deposited in the Redemption Account in the Bond Service Fund
established by the Ordinance, in the following years and amounts as follows:
Year Amount
* Maturity
The Series 2009B Bonds maturing on December 1, [ ] will be subject to
mandatory redemption prior to maturity, selected by lot, or in such manner as the
Registrar may deem appropriate, at a redemption price equal to par plus accrued
interest to the redemption date, on December 1, [ ], and each December 1 thereafter,
from amounts deposited in the Redemption Account in the Bond Service Fund
established by the Ordinance, in the following years and amounts as follows:
Year Amount
* Maturity
Series 2009A Bonds Optional Redemption Provisions
The Series 2009A Bonds maturing on December 1, [ ] and thereafter will be
subject to optional redemption prior to their respective maturity dates beginning on
December 1, [ ] at 100% of the par value thereof.
Series 2009B Bonds Optional Redemption Provisions
The Series 2009B Bonds maturing on December 1, [ ] and thereafter
will be subject to optional redemption prior to their respective maturity dates beginning
on December 1, [ ] at 100% of the par value thereof.
Attachment number 2
Page 13 of 19
B-1
EXHIBIT B
CITY OF CLEARWATER, FLORIDA
$_________________WATER AND SEWER REVENUE BONDS, SERIES 2009A
$_________________WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2009B
DISCLOSURE STATEMENT
May __, 2009
Mayor and City Council
City of Clearwater, Florida
Clearwater, Florida
Ladies and Gentlemen:
In connection with the proposed issuance by the City of Clearwater, Florida (the “City”),
of the above-referenced Bonds (the “Series 2009 Bonds”), Wachovia Bank, National Association
(the “Representative”), as representative of itself, RBC Capital Markets Corporation, Fifth Third
Securities, Inc. and Merrilll Lynch, Pierce, Fenner and Smith Incorporated (collectively, the
“Underwriters”) have agreed to underwrite a public offering of the Series 2009 Bonds.
Arrangements for underwriting the Series 2009 Bonds will include a Bond Purchase Agreement
between the City and the Underwriters.
The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385(6),
Florida Statutes, as amended, certain information in respect to the arrangement contemplated for
the underwriting of the Series 2009 Bonds as follows:
(a) The nature and estimated amount of expenses to be incurred by the Underwriters
and paid by the Underwriters in connection with the purchase and offering of the Series 2009
Bonds are set forth on Schedule I attached hereto.
(b) No person has entered into an understanding with the Underwriters, or to the
knowledge of the Underwriters, with the City for any paid or promised compensation or valuable
consideration, directly or indirectly, expressly or implied, to act solely as an intermediary
between the City and the Underwriters for the purpose of influencing any transaction in the
purchase of the Series 2009 Bonds.
(c) The amount of underwriting spread, including the management fee, expected to
be realized is as follows:
Series 2009A Bonds:
Dollars Per $1,000 Bond Dollar Amount
Average Takedown
Underwriters’ Expenses
Total Underwriting Spread
Attachment number 2
Page 14 of 19
B-2
Series 2009B Bonds:
Dollars Per $1,000 Bond Dollar Amount
Average Takedown
Underwriters’ Expenses
Total Underwriting Spread
(d) No other fee, bonus or other compensation is estimated to be paid by the
Underwriters in connection with the issuance of the Series 2009 Bonds to any person not
regularly employed or retained by the Underwriters (including any “finder,” as defined in
Section 218.386(l)(a), Florida Statutes, as amended), except as specifically enumerated as
expenses to be incurred and paid by the Underwriters, as set forth in Schedule I attached hereto.
(e) The name and address of the Underwriters are set forth below:
Wachovia Bank, National Association
3637 4th Street North, Suite 330
St. Petersburg, FL 33704
Attention: David Thornton.
We understand that you do not require any further disclosure from the Underwriters,
pursuant to Section 218.385(6)(g), Florida Statutes, as amended.
Very truly yours,
WACHOVIA BANK, NATIONAL ASSOCIATION
RBC CAPITAL MARKETS CORPORATION
FIFTH THIRD SECURITIES, INC.
MERRILL LLYNCH, PIERCE, FENNER AND SMITH INCORPORATED
By: WACHOVIA BANK, NATIONAL ASSOCIATION
By:___________________________________
Name: David R. Thornton
Title: Managing Direcor
Attachment number 2
Page 15 of 19
B-3
SCHEDULE I
ESTIMATED UNDERWRITERS’ EXPENSES
Dollar Amount
Underwriters’ Counsel Fee and Expenses $5,000.00
BMA
Dalnet
Dalnet Charges
DTC
CUSIP
Day Loan
Out of Pocket Expenses
Total Expenses
Attachment number 2
Page 16 of 19
C-1
EXHIBIT C
OPINION OF BOND COUNSEL
Attachment number 2
Page 17 of 19
D-1
EXHIBIT D
OPINION OF CITY ATTORNEY
Attachment number 2
Page 18 of 19
E-1
EXHIBIT E
CITY OF CLEARWATER, FLORIDA
$_________________WATER AND SEWER REVENUE BONDS, SERIES 2009A
$_________________WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2009B
CERTIFICATE OF CITY
The City of Clearwater, Florida (the “City”), certifies as follows:
1. The representations, warranties, covenants and agreements of the City contained
in the Bond Purchase Agreement dated May __, 2009, among the City, Wachovia Bank, National
Association and the other Underwriters named therein (the “Bond Purchase Agreement”), with
respect to the sale by the City of the above-referenced bonds (the “Series 2009 Bonds”), are true
and correct in all respects on and as of the date of the Closing as if made on the date hereof.
2. The Underwriters have complied with all the agreements and satisfied all the
conditions on their part to be performed or satisfied at or prior to the date hereof pursuant to the
Bond Purchase Agreement.
All capitalized terms used herein which are not otherwise defined shall have the same
meanings as in the Bond Purchase Agreement.
Dated: May __, 2009
CITY OF CLEARWATER, FLORIDA
By:
Name: William B. Horne, II
Title: City Manager
Attachment number 2
Page 19 of 19
NEW ISSUE - FULL BOOK-ENTRY Ratings: Moody's: " "(Insured)
“ “(Underlying)
Fitch: " ": " "(Insured)
“ “(Underlying)
S&P: ” “: " "(Insured)
“ “(Underlying)
(See "RATINGS," herein)
In the opinion of Bond Counsel, assuming continuous compliance with various covenants in the Ordinance (herein defined), under existing statutes, regulations and
judicial decisions, the interest on the Series 2009 Bonds will be excluded from gross income for federal income tax purposes to the owners thereof. The Series 2009 Bonds are not an
item of tax preference for purposes of the federal alternative tax imposed on individuals or corporations, and interest on the Series 2009A Bonds will not be taken into account to
determine adjusted current earnings of corporations; however, interest on the Series 2009B Bonds may be subject to the alternative minimum tax when any Series 2009B Bond is
held by a corporation. See "Tax Exemption" herein.
$[Bond Amount]*
CITY OF CLEARWATER, FLORIDA
Water and Sewer Revenue Bonds, Series 2009A
Water and Sewer Revenue Refunding Bonds, Series 2009B
Dated: Date of Delivery Due: December 1, as shown below
The Water and Sewer Revenue Bonds, Series 2009A (the “Series 2009A Bonds”) and the Water and Sewer Revenue Refunding Bonds, Series 2009B (the “Series 2009B
Bonds”) (collectively, the "Series 2009 Bonds") of the City of Clearwater, Florida (the "City") are being issued in fully registered form and, when initially issued, will be registered
to Cede & Co., as nominee of The Depository Trust Company, New York, New York. U.S. Bank, National Association, Orlando, Florida, is acting as the Paying Agent and Bond
Registrar for the Series 2009 Bonds. The Series 2009 Bonds will be purchased in book-entry form only, in the denomination of $5,000 or any integral multiple thereof. There will
be no physical delivery of bond certificates to individual Bondholders. Interest on the Series 2009 Bonds will be payable semi-annually beginning on December 1, 2009 and on each
June 1 and December 1 thereafter. Principal of and premium, if any, on the Series 2009 Bonds will be payable at maturity or upon redemption prior to maturity.
The Series 2009 Bonds are subject to optional redemption and mandatory redemption prior to maturity as described herein.
The Series 2009A Bonds are being issued for the purpose of paying the costs of the design, acquisition, construction or reconstruction of capital improvements to the
City’s water and sewer system (the “System”) undertaken by the City from time to time, a portion of which are designated by the City to be paid from the proceeds of the Series
2009 Bonds (the “Series 2009 Project”), paying a portion of the cost of issuing the Series 2009 Bonds and funding a portion of the debt service reserve fund . The Series 2009B
Bonds are being issued for the purpose of currently refunding and redeeming all of the Outstanding principal amount of the City's Outstanding Water and Sewer Refunding
Revenue Bonds, Series 1998, paying a portion of the cost of issuing the Series 2009 Bonds and funding a portion of the debt service reserve fund. The Series 2009 Bonds and the
interest thereon are payable solely from the Net Revenues derived from the operation of the System, as further described herein. The lien of the Series 2009 Bonds on the Net
Revenues is on a parity with the holders of the City's Outstanding Water and Sewer Revenue Bonds, Series 2002, the City’s Outstanding Water and Sewer Revenue Refunding
Bonds, Series 2003 and the City’s Outstanding Water and Sewer Revenue Bonds, Series 2006 (the "Parity Bonds"), as further described herein. The timely payment of the
principal of, and interest on, the Series 2009 Bonds will be guaranteed by a policy of municipal bond insurance issued by
[Insurer Logo]
(see “Municipal Bond Insurance” herein).
AMOUNTS, INTEREST RATES, MATURITIES, YIELDS AND CUSIPS
(See Inside Cover Page)
The Series 2009 Bonds are offered when, as and if issued and accepted by the Underwriters subject to the approval of legality by
Bryant Miller Olive P.A., Tallahassee, Florida, Bond Counsel. Certain other legal matters will be passed upon for the City by Pamela K.
Akin, Esquire, City Attorney, and by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Disclosure Counsel to the City. Raymond James &
Associates, Inc., St. Petersburg, Florida is serving as Financial Advisor to the City. It is expected that the Series 2009 Bonds, in definitive
book-entry form, will be available for delivery through DTC in New York, New York on or about 2009 .
Wachovia Bank, National Association
RBC Capital Markets Corporation Fifth Third Securities, Inc.
Merrill Lynch & Co.
, 2009
__________________________________
x Preliminary, subject to change.
Attachment number 3
Page 1 of 63
SERIES 2009A BONDS PRINCIPAL AMOUNTS, INTEREST RATES, MATURITIES, YIELDS AND CUSIPS
$ Serial Bonds
Maturing
December 1
of the Year
Principal
Amount Coupon Yield CUSIP
Maturing
December 1
of the Year
Principal
Amount Coupon Yield CUSIP
2019 2024
2020 2025
2021 2026
2022 2027
2023 2028
$ % Series 2009A Term Bonds, Due December 1, 20 Price: CUSIP:
$ % Series 2009A Term Bonds, Due December 1, 20 Price: CUSIP:
SERIES 2009B BONDS PRINCIPAL AMOUNTS, INTEREST RATES, MATURITIES, YIELDS AND CUSIPS
$ Serial Bonds
Maturing
December 1
of the Year
Principal
Amount Coupon Yield CUSIP
Maturing
December 1
of the Year
Principal
Amount Coupon Yield CUSIP
2019 2024
2020 2025
2021 2026
2022 2027
2023 2028
$ % Series 2009B Term Bonds, Due December 1, 20 Price: CUSIP:
$ % Series 2009B Term Bonds, Due December 1, 20 Price: CUSIP:
Attachment number 3
Page 2 of 63
CITY OF CLEARWATER, FLORIDA
ELECTED OFFICIALS
MAYOR
Frank Hibbard
CITY COUNCIL
George N. Cretekos (Vice-Mayor)
John Doran
Carlen A. Petersen
Paul F. Gibson
APPOINTED OFFICIALS
William B. Horne, II, City Manager
Pamela K. Akin, Esq., City Attorney
Margaret L. Simmons, CPA, Finance Director
BOND COUNSEL
Bryant Miller Olive P.A.
Tallahassee, Florida
FINANCIAL ADVISOR
Raymond James & Associates, Inc.
St. Petersburg, Florida
UNDERWRITERS
Wachovia Bank, National Association
RBC Capital Markets Corporation
Fifth Third Securities, Inc.
Merrill Lynch, Pierce Fenner & Smith Incorporated
REGISTRAR AND PAYING AGENT
U.S. Bank, National Association
Orlando, Florida
Attachment number 3
Page 3 of 63
No dealer, broker, salesman or other person has been authorized to give any
information or to make any representations, other than those contained in this Official
Statement, in connection with the offering of the Series 2009 Bonds described herein, and if
given or made, such information or representations must not be relied upon as having been
authorized by the City or the Underwriters. This Official Statement does not constitute an
offer to sell the Series 2009 Bonds or a solicitation of an offer to buy nor shall there be any
sale of the Series 2009 Bonds by any person in any jurisdiction in which it is unlawful for
such person to make such offer, solicitation or sale. The information set forth herein has
been furnished by the City and by other sources which are believed to be reliable, but it is
not guaranteed as to accuracy or completeness, and is not to be construed as a
representation or contract, by the Underwriters. The information and expressions of
opinion herein are subject to change without notice and neither the delivery of the Official
Statement nor any sale made hereunder shall, under any circumstances, create any
implication that there has been no change in the affairs of the City since the date hereof.
IN CONNECTION WITH THE OFFERING, THE UNDERWRITERS MAY OVER-
ALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE
MARKET PRICE OF THE SERIES 2009 BONDS OFFERED HEREBY AT A LEVEL
ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH
STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
The Series 2009 Bonds have not been registered with the Securities and
Exchange City Council under the Securities Act of 1933, as amended, nor has the
Ordinance been qualified under the Trust Indenture Act of 1939, as amended, in
reliance upon exemptions contained in such acts. The registration or
qualification of the Series 2009 Bonds in accordance with applicable provisions
of the securities laws of the States, if any, in which the Series 2009 Bonds have
been registered or qualified and the exemption from registration or qualification
in certain other states cannot be regarded as a recommendation thereof. Neither
these States nor any of their agencies have passed upon the merits of the Series
2009 Bonds or the accuracy or completeness of this Official Statement. Any
representation to the contrary may be a criminal offense.
Attachment number 3
Page 4 of 63
i
TABLE OF CONTENTS
Page
INTRODUCTORY STATEMENT ................................................................................................ 1
THE SERIES 2009 PROJECT ........................................................................................................ 3
REFUNDING OF THE SERIES 1998 BONDS ............................................................................. 3
DESCRIPTION OF THE SERIES 2009 BONDS .......................................................................... 4
General ...................................................................................................................................... 4
Redemption of Series 2009 Bonds ............................................................................................ 4
Book-Entry Only System .......................................................................................................... 6
SECURITY FOR THE SERIES 2009 BONDS ............................................................................ 10
Series 2009 Bonds Not a Debt of the City .............................................................................. 12
Parity Bonds ............................................................................................................................ 12
MUNICIPAL BOND INSURANCE ...................................................................................... 12
DEBT SERVICE REQUIREMENTS ........................................................................................... 14
DEBT SERVICE REQUIREMENTS ........................................................................................... 14
SOURCES AND USES OF FUNDS ............................................................................................ 15
THE WATER AND SEWER SYSTEM ....................................................................................... 16
Water System .......................................................................................................................... 16
Sewer System .......................................................................................................................... 18
Future Water and Sewer Capital Improvements ..................................................................... 20
RATES, FEES AND CHARGES ................................................................................................. 20
Establishment of Rates, Fees and Charges; Rate Study .......................................................... 20
FINANCIAL STATEMENTS ...................................................................................................... 21
INVESTMENT POLICY OF THE CITY .................................................................................... 21
LITIGATION ................................................................................................................................ 22
RATINGS ..................................................................................................................................... 22
TAX MATTERS ........................................................................................................................... 23
Federal Income Tax Matters ................................................................................................... 23
LEGAL OPINIONS ...................................................................................................................... 24
ENFORCEABILITY OF REMEDIES ......................................................................................... 25
FINANCIAL ADVISOR .............................................................................................................. 25
UNDERWRITING ....................................................................................................................... 25
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ............................... 26
ADVISORS AND CONSULTANTS ........................................................................................... 26
CONTINUING DISCLOSURE .................................................................................................... 27
CERTIFICATE CONCERNING OFFICIAL STATEMENT ...................................................... 27
MISCELLANEOUS ..................................................................................................................... 27
Attachment number 3
Page 5 of 63
ii
Appendices
Appendix A General Information Regarding the City
Appendix B Excerpts from the City's Comprehensive Annual Financial Report for the Fiscal Year Ended
September 30, 2008
Appendix C Form of Ordinance 6915-01 and Resolution 09- 12
Appendix D Form of Continuing Disclosure Certificate
Appendix E Form of Bond Counsel Opinion
Appendix F Rate Study
Appendix G Schedule of Rates, Fees and Charges
Appendix H Specimen Municipal Bond Insurance Policy
Attachment number 3
Page 6 of 63
OFFICIAL STATEMENT
$[Bond Amount]*
CITY OF CLEARWATER, FLORIDA
Water and Sewer Revenue Bonds, Series 2009A
Water and Sewer Revenue Refunding Bonds, Series 2009B
INTRODUCTORY STATEMENT
The purpose of this Official Statement, which includes the cover page, the Summary
Statement and the Appendices, is to provide information concerning the City of Clearwater,
Florida (the "City") and the City's [Series A Amount] Water and Sewer Revenue Bonds,
Series 2009A (the “Series 2009A Bonds”) and the City’s [Series B Amount] Water and
Sewer Revenue Refunding Bonds, Series 2009B (the “Series 2009B Bonds”) (collectively,
the "Series 2009 Bonds").
The Series 2009A Bonds are being issued for the purpose of paying the costs of the
design, acquisition, construction or reconstruction of capital improvements to the City’s
water and sewer system (the “System”) to be undertaken by the City from time to time, a
portion of which are designated by the City to be paid from the proceeds of the Series 2009
Bonds (the “Series 2009 Project”), paying a portion of the cost of issuing the Series 2009
Bonds and funding a portion of the debt service reserve fund. The Series 2009B Bonds are
being issued for the purpose of currently refunding and redeeming all of the Outstanding
principal amount of the City's Outstanding Water and Sewer Refunding Revenue Bonds,
Series 1998 (the “Refunded Bonds”), paying the cost of issuing the Series 2009 Bonds and
funding a debt service reserve fund. The lien of the Series 2009 Bonds on the Net
Revenues is on a parity with the holders of the City's Outstanding Water and Sewer
Revenue Bonds, Series 2002, the City’s Outstanding Water and Sewer Revenue Refunding
Bonds, Series 2003, and the City's Outstanding Water and Sewer Revenue Bonds, Series
2006 (collectively, the "Parity Bonds"), as further described herein.
The Series 2009 Bonds will be issued pursuant to the authority of and in full
compliance with (a) the charter of the City, (b) the Constitution and the laws of the State of
Florida, particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions
of law, and (c) Ordinance No. 3674-84 enacted by the Issuer on August 2, 1984, as amended
and supplemented in Ordinance 6915-01, enacted November 15, 2001 (collectively, the
"Ordinance") and as further supplemented by Resolution 09-12, adopted by the City on
April 15, 2009 (the "Series 2009 Resolution").
Neither the Series 2009 Bonds nor the interest thereon constitute a general
obligation or indebtedness of the City within the meaning of any constitutional, statutory
or charter provision or limitation. No owner or owners of any Series 2009 Bonds shall ever
have the right to compel the exercise of the ad valorem taxing power of the City, or any
other taxing power in any form on any real or personal property of the City, to pay the
Series 2009 Bonds or the interest thereon. The City shall not be obligated to pay the Series
Attachment number 3
Page 7 of 63
2
2009 Bonds or any interest thereon except from the Net Revenues, in the manner provided
in the Ordinance.
A Reserve Account has been established for the benefit of the Series 2009 Bonds and
the outstanding Parity Bonds (as herein defined). Upon issuance of the Series 2009 Bonds,
the Reserve Account will be funded in an amount equal to the Reserve Account
Requirement for Series 2009 Bonds and the Outstanding Parity Bonds.
The City covenants in the Ordinance to fix, establish and maintain such rates, and
collect such fees, rentals and other charges for the services and facilities of the System (as
herein defined) and revise the same from time to time whenever necessary as will always
provide Gross Revenues in each Fiscal Year sufficient to pay (i) the Cost of Operation and
Maintenance of the System in such Fiscal Year, (ii) 115% of the Bond Service Requirement
for such Fiscal Year on the Outstanding Series 2009 Bonds and on all Outstanding
Additional Bonds and Parity Bonds, plus (iii) 100% of all reserve and other payments
required to be made pursuant to the Ordinance.
The City may issue Additional Bonds, payable on a parity from the Net Revenues
with the Series 2009 Bonds and the Parity Bonds, for the purpose of refunding a part of the
Outstanding Bonds, or financing the cost of extensions, additions and improvements to the
System and for the acquisition and construction of, and extensions and improvements to,
sewer and/or water systems which are to be consolidated with the System and operated as
a single combined utility, provided that, among other requirements, certain earnings tests
relating historical Net Revenues to the Maximum Bond Service Requirement of all Bonds
outstanding after the issuance of such Additional Bonds can be met. Such historical Net
Revenues may be adjusted by the Consulting Engineer as provided in the Ordinance.
Definitions of certain words and terms having initial capitals used herein and in the
Ordinance are contained in the "Conformed Copy of the Ordinance and Amendatory
Ordinance" in Appendix C hereto.
The references, excerpts and summaries of all documents referred to herein do not
purport to be complete statements of the provisions of such documents, and reference is
directed to all such documents for full and complete statements of all matters of fact
relating to the Series 2009 Bonds, the security for the payment of the Series 2009 Bonds,
and the rights and obligations of holders thereof. The information contained in this Official
Statement involving matters of opinion or of estimates, whether or not so expressly stated,
are set forth as such and not as representations of fact, and no representation is made that
any of the estimates will be realized. Neither this Official Statement nor any statement
which may have been made verbally or in writing is to be construed as a contract with the
holders of the Series 2009 Bonds.
Attachment number 3
Page 8 of 63
3
THE SERIES 2009 PROJECT
A portion of the proceeds of the Series 2009A Bonds will be applied to the payment
of approximately $60 million of capital improvements to the System. Approximately $49
million of this amount will be expended on renewals and replacements to the System,
including relocation of certain lines. In addition, approximately $5 million will be
expended to expand the System’s reverse osmosis plant #1 and an additional approximately
$5.4 million will be expended to construct a second reverse osmosis plant. The expansion
and construction of the reverse osmosis plants are anticipated to be placed in service in
[201_] and will produce approximately [ ] gallons per day of water.
REFUNDING OF THE SERIES 1998 BONDS
A portion of the proceeds of the Series 2009B Bonds will be deposited into an escrow
account (the “Escrow Account”) established with [Escrow Agent], [Escrow Agent Location],
as escrow agent (the “Escrow Agent”) and invested in cash and/or direct obligations of the
United States in order to provide sufficient funds on [ ], to pay and redeem $[
] of the Series 1998 Bonds (the “Refunded Bonds”), at the redemption price of [ ]% of
the principal amount thereof, together with accrued and unpaid interest thereon.
Upon issuance of the Series 2009B Bonds and based upon the deposit into the
Escrow Fund of the cash and/or direct obligations into the Escrow Fund as described above
and the verification of the mathematical accuracy of the sufficiency thereof to pay and
redeem the Refunded Bonds as described above by a firm of independent certified public
accountants, Bond Counsel will deliver and opinion to the effect that the Refunded Bonds
will no longer be outstanding for purposes of the resolution under which they were issued
and the pledge of and lien on the Net Revenues created by or pursuant to the Resolution
with respect to such Refunded Bonds will cease, terminate and be discharged.
Attachment number 3
Page 9 of 63
4
DESCRIPTION OF THE SERIES 2009 BONDS
General
The Series 2009 Bonds will be dated the date of their initial issuance and delivery.
The Series 2009 Bonds will bear interest at the rates and mature on December 1 in the
amounts and at the times set forth on the cover page of this Official Statement. The Series
2009 Bonds are to be issued as fully registered bonds in denominations of $5,000 or integral
multiples thereof. Interest on the Series 2009 Bonds will be payable on December 1, 2009
and semiannually thereafter on June 1 and December 1 of each year, by check or draft
mailed to the registered owners, at their addresses as they appear on the registration books
of the City maintained by the Bond Registrar, as of the 15th day (whether or not a business
day) of the month preceding the interest payment date (the "Record Date"). Owners of
$1,000,000 or more in aggregate principal amount of Series 2009 Bonds may receive
interest by wire transfer, at the Owner's expense, to a bank account designated in writing
by the Owner not later than the Record Date. Principal of, and premium if any, are
payable at maturity, or upon redemption prior to maturity, upon presentation and
surrender thereof at the corporate trust office of the Paying Agent. U.S. Bank, National
Association, Orlando, Florida, is acting as Paying Agent and Bond Registrar for the Series
2009 Bonds.
The Series 2009 Bonds will be initially issued in the form of a single fully registered
Bond for each maturity of the Series 2009 Bonds. Upon initial issuance, the ownership of
each such Series 2009 Bonds will be registered in the registration books kept by the Bond
Registrar, in the name of Cede & Co., as nominee of The Depository Trust Company, New
York, New York ("DTC"). While held in book-entry form, all payments of principal,
interest and premium, if any, on the Series 2009 Bonds will be made to DTC or
the DTC Nominee as the sole registered owner of the Series 2009 Bonds and
payments to Beneficial Owners will be the responsibility of DTC and the DTC
Participants as described below. See "Book-Entry Only System."
Redemption of Series 2009 Bonds
Series 2009A Bonds Mandatory Sinking Fund Redemption
The Series 2009A Bonds maturing on December 1, [ ] will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption
date, on December 1, [ ], and each Decemb er 1 thereafter, from amounts deposited in the
Redemption Account in the Bond Service Fund established by the Ordinance, in the
following years and amounts as follows:
Attachment number 3
Page 10 of 63
5
Year Amount
* Maturity
The Series 2009A Bonds maturing on December 1, [ ] will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption
date, on December 1, [ ], and each Decemb er 1 thereafter, from amounts deposited in the
Redemption Account in the Bond Service Fund established by the Ordinance, in the
following years and amounts as follows:
Year Amount
* Maturity
Series 2009B Bonds Mandatory Sinking Fund Redemption
The Series 2009B Bonds maturing on December 1, [ ] will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption
date, on December 1, [ ], and each Decemb er 1 thereafter, from amounts deposited in the
Redemption Account in the Bond Service Fund established by the Ordinance, in the
following years and amounts as follows:
Year Amount
* Maturity
The Series 2009B Bonds maturing on December 1, [ ] will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption
date, on December 1, [ ], and each Decemb er 1 thereafter, from amounts deposited in the
Redemption Account in the Bond Service Fund established by the Ordinance, in the
following years and amounts as follows:
Attachment number 3
Page 11 of 63
6
Year Amount
* Maturity
Series 2009A Bonds Optional Redemption Provisions
The Series 2009A Bonds maturing on December 1, [ ] and thereafter will be
subject to optional redemption prior to their respective maturity dates beginning on
December 1, [ ] at 100% of the par value thereof.
Series 2009B Bonds Optional Redemption Provisions
The Series 2009B Bonds maturing on December 1, [ ] and thereafter will be
subject to optional redemption prior to their respective maturity dates beginning on
December 1, [ ] at 100% of the par value thereof.
Book-Entry Only System
The Series 2009 Bonds will be available in book-entry form only, in denominations of
$5,000 or any integral multiple thereof. Purchasers of the Series 2009 Bonds will not
receive certificates representing their interests in the Series 2009 Bonds purchased. The
Underwriter is to confirm original issuance purchases with statements containing certain
terms of the Series 2009 Bonds purchased.
The following information regarding The Depository Trust Company, New York,
New York ("DTC") and the book-entry only system of registration has been obtained by the
City from DTC. No representation is made by the City as to its accuracy or correctness.
The Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Series 2009 Bonds. The Series 2009 Bonds will be issued as fully-
registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or
such other name as may be requested by an authorized representative of DTC. One fully-
registered Series 2009 Bond will be issued for each maturity of the Series 2009 Bonds, as
set forth on the inside cover page hereof, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized
under the New York Banking Law, a "banking organization" within the meaning of the
New York Banking Law, a member of the Federal Reserve System, a "clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency"
registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934.
DTC holds and provides asset servicing for over 2 million issues of U.S. and non-U.S.
equity issues, corporate and municipal debt issues, and money market instruments from
over 85 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC
also facilities the post-trade settlement among Direct Participants of sales and other
securities transactions in deposited securities, through electronic computerized book-entry
Attachment number 3
Page 12 of 63
7
transfers and pledges between Direct Participants' accounts. This eliminates the need for
physical movement of securities certificates. Direct Participants include both U.S. and
non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and
certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust &
Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct
Participants of DTC and Members of the National Securities Clearing Corporation,
Government Securities Clearing Corporation, MBS Clearing Corporation, and Emerging
Markets Clearing Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries of
DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange
LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is
also available to others such as both U.S. and non-U.S. securities brokers and dealers,
banks, trust companies, and clearing corporations that clear through or maintain a
custodial relationship with a Direct Participant, either directly or indirectly ("Indirect
Participants"). DTC has Standard & Poor's highest rating: AAA. The DTC Rules
applicable to its Participants area on file with the Securities and Exchange Commission.
More information about DTC can be found at www.dtcc.com.
So long as the book-entry only system is in effect, beneficial interests in the Series
2009 Bonds will be available in book-entry form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers of beneficial interests in the Series 2009 Bonds
will not receive certificates representing their beneficial interests in the Series 2009 Bonds
purchased. Each Underwriter is to confirm original issuance purchases of beneficial
interests with statements containing certain terms of the Series 2009 Bonds in which such
beneficial interests are purchased.
Purchases of Series 2009 Bonds under the DTC system must be made by or through
Direct Participants, which will receive a credit for the Series 2009 Bonds on DTC's records.
The ownership interest of each actual purchaser of each Series 2009 Bonds ("Beneficial
Owner") is in turn to be recorded on the Direct and Indirect Participants' records.
Beneficial Owners will not receive written confirmation from DTC of their purchase.
Beneficial Owners are, however, expected to receive written confirmations providing details
of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through which the Beneficial Owner entered into the transaction.
Transfers of ownership interests in the Series 2009 Bonds are to be accomplished by entries
made on the books of Direct and Indirect Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership
interests in Series 2009 Bonds, except in the event that use of the book-entry system for
the Series 2009 Bonds is discontinued.
To facilitate subsequent transfers, all Series 2009 Bonds deposited by Direct
Participants with DTC are registered in the name of DTC's partnership nominee, Cede &
Co., or such other name as may be requested by an authorized representative of DTC. The
deposit of Series 2009 Bonds with DTC and their registration in the name of Cede & Co. or
such other DTC nominee do not effect any change in beneficial ownership. DTC has no
knowledge of the actual Beneficial Owners of the Series 2009 Bonds; DTC's records reflect
Attachment number 3
Page 13 of 63
8
only the identity of the Direct Participants to whose accounts such Series 2009 Bonds are
credited, which may or may not be the Beneficial Owners. The Direct and Indirect
Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by
Direct Participants to Indirect Participants, and by Direct Participants and Indirect
Participants to Beneficial Owners will be governed by arrangements among them, subject
to any statutory or regulatory requirements as may be in effect from time to time.
The Paying Agent will make payments of principal of, premium, if any, and interest
on the Series 2009 Bonds to DTC or such other nominee, as may be requested by an
authorized representative or DTC, as registered owner of the Series 2009 Bonds. DTC's
practice is to credit Direct Participants' accounts upon DTC's receipt of funds and
corresponding detail information from the City and the Paying Agent, on payable date in
accordance with their respective holdings shown on DTC's records. Payments by
Participants to Beneficial Owners will be governed by standing instructions and customary
practices, as is the case with securities held for the accounts of customers in bearer form or
registered in "street name," and will be the responsibility of such Participant and not of
DTC nor its nominee, the Paying Agent subject to any statutory or regulatory requirements
as may be in effect from time to time. Paym ent of redemption proceeds, distributions, and
dividend payments to Cede & Co. (or such other nominee as may be requested by an
authorized representative of DTC) is the responsibility of the City or the Paying Agent,
disbursement of such payments to Direct Participants will be the responsibility of DTC,
and disbursement of such payments to the Beneficial Owners will be the responsibility of
Direct and Indirect Participants.
The City and the Paying Agent will send redemption notices to DTC. If less than all
of the Series 2009 Bonds within an issue are being redeemed, DTC's practice is to
determine by lot the amount of interest of each Direct Participant in such issue to be
redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with
respect to Series 2009 Bonds unless authorized by a Direct Participant in accordance with
DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City
as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s
consenting or voting rights to those Direct Participants to whose accounts Series 2009
Bonds are credited on the record date (identified in a listing attached to the Omnibus
Proxy).
THE CITY AND THE PAYING AGENT WILL HAVE NO RESPONSIBILITY OR
OBLIGATION TO THE BENEFICIAL OWNERS, DTC PARTICIPANTS OR THE
PERSONS FOR WHOM DTC PARTICIPANTS ACT AS NOMINEES WITH RESPECT TO
THE SERIES 2009 BONDS FOR THE ACCURACY OF RECORDS OF DTC, CEDE & CO.
OR ANY DTC PARTICIPANT WITH RESPECT TO THE SERIES 2009 BONDS OR THE
Attachment number 3
Page 14 of 63
9
PROVIDING OF NOTICE OR PAYMENT OF PRINCIPAL, OR INTEREST, OR ANY
PREMIUM ON THE SERIES 2009 BONDS, TO DTC PARTICIPANTS OR BENEFICIAL
OWNERS, OR THE SELECTION OF SERIES 2009 BONDS FOR REDEMPTION.
The City and the Paying Agent cannot give any assurances that DTC, DTC
Participants or others will distribute payments of principal of, premium, if any, and
interest on the Series 2009 Bonds paid to DTC or its nominee, or any redemption or other
notices, to the Beneficial Owners, or that they will do so on a timely basis or that DTC will
serve or act in a manner described in this Official Statement.
For every transfer and exchange of beneficial interests in the Series 2009 Bonds, the
Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other
government charge that may be imposed in relation thereto.
DTC may determine to discontinue providing its services with respect to the Series
2009 Bonds at any time by giving notice to the City and the Paying Agent and discharging
its responsibilities with respect thereto under applicable law. Under such circumstances,
in the event that a successor depository is not obtained, Series 2009 Bonds are required to
be printed and delivered. In addition, the City may determine to discontinue the use of
book-entry transfers through DTC (or any successor securities depository). Under such
circumstances, certificated Series 2009 Bonds are required to be delivered as described
below.
In the event that the book-entry only system is discontinued, the following
provisions will govern the transfer and exchange of Series 2009 Bonds. The Series 2009
Bonds will be exchanged for an equal aggregate principal amount of corresponding bonds in
other authorized denominations and of the same series and maturity, upon surrender
thereof at the principal corporate trust office of the Bond Registrar. The transfer of any
Series 2009 Bonds will be registered on the books maintained by the Bond Registrar for
such purpose only upon the surrender thereof to the Bond Registrar with a duly executed
written instrument of transfer in form and with guaranty of signatures satisfactory to the
Bond Registrar, containing written instructions as to the details of transfer of such Series
2009 Bonds, along with the social security number or federal employer identification
number of such transferee. The City and the Bond Registrar may charge the registered
owners a sum sufficient to reimburse them for any expenses incurred in making any
exchange or transfer after the first such exchange or transfer following the delivery of the
Series 2009 Bonds. The Bond Registrar or the City may also require payment from the
registered owners or their transferees, as the case may be, of a sum sufficient to cover any
tax, fee or other governmental charge that may be imposed in relation thereto. Such
charges and expenses shall be paid before any such new Series 2009 Bonds shall be
delivered. Neither the City nor the Bond Registrar shall be required to register the transfer
or exchange of any Series 2009 Bonds during the period commencing on the fifteenth day
(whether or not a business day) of the month next preceding an interest payment date and
ending on such interest payment date or, in the case of any proposed redemption of a Series
Attachment number 3
Page 15 of 63
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2009 Bonds, after such Series 2009 Bonds or any portion thereof has been selected for
redemption.
SECURITY FOR THE SERIES 2009 BONDS
Net Revenues. The principal of and premium, if any, and interest on the Series
2009 Bonds are payable solely from and secured by an irrevocable first lien upon and
pledge of the Net Revenues (as hereinafter defined) derived and collected by the City from
the operation of the water and sewer system of the City (the "System"), on a parity with the
Parity Bonds. "Net Revenues" are defined by the Ordinance to include all income or
earnings, including any income from the investment of funds, derived by the City from the
operation of the System after deduction of current expenses, either paid or accrued, for the
operation, maintenance and repair of the System, but not including reserves for renewals
and replacements, for extraordinary repairs or any allowance for depreciation.
The Series 2009 Bonds do not constitute a general indebtedness of the City within
the meaning of any constitutional, statutory or charter provision or limitation. The
principal of and interest on the Series 2009 Bonds and all required reserve and other
payments shall be made solely from the Net Revenues. The City shall never be required to
levy ad valorem taxes on any property therein to pay the principal of and interest on the
Series 2009 Bonds or to make any of the required debt service, reserve or other payments,
and any failure to pay the Series 2009 Bonds shall not give rise to a lien upon any property
of or in the City, except the Net Revenues.
Rate Covenant. In the Ordinance, the City has covenanted to fix, establish and
maintain such rates and collect such fees, rentals and other charges for the services and
facilities of the System and revise the same from time to time whenever necessary, as will
always provide Gross Revenues in each Fiscal Year sufficient to pay the Cost of Operation
and Maintenance of the System in such Fiscal Year, one hundred fifteen per centum (115%)
of the Bond Service Requirement becoming due in such Fiscal Year on the Outstanding
Parity Bonds, on the outstanding Bonds and on all outstanding Additional Bonds, plus one
hundred per centum (100%) of all reserve and other payments required to be made
pursuant to this Ordinance and the Original Ordinance. Such rates, fees, rentals and other
charges shall not be reduced so as to be insufficient to provide Gross Revenues for such
purposes.
Reserve Account. The Ordinance creates a Reserve Account in a sum equal to and
sufficient to pay the Maximum Bond Service Requirement on all outstanding Bonds
becoming due in any ensuing Fiscal Year. The Reserve Account will be fully funded after
the issuance of the Series 2009 Bonds. No further payments will be required to be made
into such Reserve Account as long as there shall remain on deposit therein a sum equal to
the Maximum Bond Service Requirement on all outstanding Bonds becoming due in any
ensuing Fiscal Year.
Attachment number 3
Page 16 of 63
11
Moneys in the Reserve Account shall be used only for the purpose of payment of
maturing principal of or interest on the Bonds when the moneys in the Sinking Fund are
insufficient therefor. Interest earnings on funds held in the Reserve Account will be
transferred to the Revenue Fund. In lieu of or in substitution for all or any part of the
required deposits to the Reserve Account, the City may provide for the deposit of a surety
bond or insurance policy from a reputable insurer in accordance with the provisions of the
Ordinance.
Any withdrawals from the Reserve Account will be subsequently restored from the
first moneys available in the Revenue Fund after all required current payments into the
Sinking Fund and into the Reserve Account, including all deficiencies for prior payments,
have been made in full.
Additional Bonds. Additional Bonds, payable on a parity from the Net Revenues
with the Series 2009 Bonds and the Parity Bonds, may be issued for the purposes of
refunding a part of the outstanding Bonds or financing the cost of extensions, additions and
improvements to the System and for the acquisition and construction of, and extensions,
additions and improvements to, sewer and/or water systems which are to be consolidated
with the System and operated as a single combined utility. Additional Bonds, other than
for refunding purposes, will be issued only upon compliance with all of the conditions set
forth in the Ordinance, including the following:
(1) There shall have been obtained and filed with the Clerk a certificate of the
Finance Director stating: (a) that the books and records of the City relative to the System
have been audited by qualified and recognized firm of independent certified public
accountants; (b) based on such audited financial statement, that the amount of the
adjusted Net Revenues derived for the Fiscal Year preceding the date of issuance of the
proposed Additional Bonds or for any twelve (12) consecutive months during the eighteen
(18) months immediately preceding the date of issuance of the Additional Bonds with
respect to which such certificate is made, adjusted as herein below provided; and (c) based
on such audited financial statement, that the aggregate amount of such Net Revenues, as
adjusted, for the period for which such Net Revenues are being certified is equal to not less
than 120% of the Maximum Bond Service Requirement becoming due in any Fiscal Year
thereafter on (i) all Parity Bonds and the Bonds issued under the Ordinance, if any, then
Outstanding, and (ii) on the Additional Bonds with respect to which such certificate is
made.
(2) Upon recommendation of the Consulting Engineers, the Net Revenues
certified pursuant to (b) in the previous paragraph may be adjusted by including: (a) 100%
of the additional Net Revenues which in the opinion of the Consulting Engineer would have
been derived by the City from rate increases adopted before the Additional Bonds are
issued, if such rate increases had been implemented before the commencement of the
period for which such Net Revenues are being certified, and (b) 100% of the additional Net
Revenues estimated by the Consulting Engineer to be derived during the first full twelve
month period after the facilities of the System are extended, enlarged, improved or added
Attachment number 3
Page 17 of 63
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to with the proceeds of the Additional Bonds with respect to which such certificate is made.
The adjustments described in (b) of this paragraph may only be made if the Net Revenues
as adjusted under (a) of the prior paragraph for the period for which such Net Revenues are
being certified equals at least 1.00 times the Maximum Bond Service Requirement
becoming due in any Fiscal Year thereafter on (i) all Bonds then outstanding; and (ii) on
the Additional Bonds with respect to which such certificate is made.
See Appendix C, "Conformed Copy of the Ordinance and Amendatory Ordinance."
See also "Parity Bonds" below under this principal caption.
Series 2009 Bonds Not a Debt of the City
The Series 2009 Bonds shall not constitute a general obligation or
indebtedness of the City within the meaning of any constitutional, statutory or
charter provision or limitation, and no Bondholder shall ever have the right to
compel the exercise of the ad valorem taxing power of the City or taxation in any
form of real or personal property therein for the payment of the principal of and
interest on the Series 2009 Bonds or to compel the City to pay such principal and
interest from any other funds of the City except the Net Revenues. The Series
2009 Bonds shall not constitute a lien upon any property of or in the City, but
shall constitute a lien only on the Net Revenues all in the manner provided in the
Ordinance.
Parity Bonds
At the time of pricing of the Series 2009 Bonds, there will be Outstanding under the
Ordinance, $58,035,000 Maturity Value of the City’s Water and Sewer Revenue Bonds,
Series 1998 (the “Series 1998 Bonds”), $52,360,000 of the City's Water and Sewer Revenue
Bonds, Series 2002 (the "Series 2002 Bonds"), $2,210,000 of the City's Water and Sewer
Revenue Refunding Bonds, Series 2003 (the "Series 2003 Bonds") and $26,430,000 of the
City's Water and Sewer Revenue Refunding Bonds, Series 2006 (the "Series 2006 Bonds").
The Series 1998 Bonds will be refunded from a portion of the proceeds of the Series 2009B
Bonds. The Series 2002 Bonds, the Series 2003 Bonds and Series 2006 Bonds rank on a
parity with the Series 2009 Bonds as to the lien and pledge of the Net Revenues and
hereinafter referred to collectively as the "Parity Bonds"). It is anticipated that the City
will continue to issue Parity Bonds from time to time to finance additions, expansions and
improvements to the System.
MUNICIPAL BOND INSURANCE
[TO COME]
Attachment number 3
Page 18 of 63
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Attachment number 3
Page 19 of 63
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DEBT SERVICE REQUIREMENTS
Fiscal
Year
Ending Series 2009 Bonds Aggregate
30-Sep Parity Bonds Principal Interest Total Total
2009 $ 1,875,422.51
2010 5,169,938.77
2011 5,121,202.52
2012 5,109,327.52
2013 5,109,935.02
2014 5,117,045.02
2015 5,124,202.52
2016 5,175,868.77
2017 5,181,595.02
2018 5,181,092.52
2019 5,140,351.89
2020 6,259,848.76
2021 6,261,387.51
2022 6,267,807.51
2023 6,268,853.76
2024 6,269,818.76
2025 6,270,831.26
2026 6,271,368.76
2027 6,276,681.26
2028 6,276,281.26
2029 6,279,668.76
2030 6,286,118.76
2031 6,285,143.76
2032 6,289,675.01
2033 6,288,915.63
Totals $141,158,382.84
Attachment number 3
Page 20 of 63
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SOURCES AND USES OF FUNDS
Series 2009A Bonds
SOURCES
Principal Amount of Series 2009A Bonds $[2009A Bond Amount]*.00
Original Issue Discount
Total Sources
USES
Deposit to Construction Fund $
Deposit to Reserve Fund
Costs of Issuance including Underwriter's
Discount __________
Total Uses $
Series 2009B Bonds
SOURCES
Principal Amount of Series 2009B Bonds $[2009B Bond Amount]*.00
Original Issue Discount
Total Sources
USES
Deposit to Escrow Fund for the Series
1998 Bonds
Deposit to Reserve Fund
Costs of Issuance including Underwriter's
Discount __________
Total Uses $
Attachment number 3
Page 21 of 63
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THE WATER AND SEWER SYSTEM
Water System
Water supply for the area served by the System is currently derived from existing
City wellfields and by the purchase of water from Pinellas County. The City has a bulk
water purchase agreement with Pinellas County that supplies up to 80 percent of the
service area's water needs on an as needed basis. The City currently has eighteen (18)
production wells scattered throughout the service area, each equipped with automatic
control systems. The City water system and the Pinellas County water system are
interconnected at seven (7) locations.
Under the City's contract with Pinellas County, Pinellas County agrees to supply the
City with sufficient water for the designated service area, based on a formula set forth
therein, and the City agrees to purchase a minimum of 1,460,000,000 gallons of water from
Pinellas County within each calendar year. The current contract rate is approximately
$2.52 per thousand gallons. The rate is set by the Board of County Commissioners and is
based on a prorated share of revenue cost requirements of the Pinellas County water
system including production and transmission costs required for the supply of water to the
Pinellas County water users. Pinellas County obtains approximately 70 million gallons per
day or 100% of its water supply from Tampa Bay Water, a Regional Water Supply
Authority ("Tampa Bay Water") (the successor to West Coast Regional Water Supply
Authority). It is entitled under contract to obtain 100% of its water needs per day from
Tampa Bay Water. The City currently acquires approximately 10.5 to 11.0 million gallons
per day from Pinellas County.
The City's water distribution system consists of approximately 588 miles of water
mains ranging up to 20 inches in diameter. The distribution system contains numerous
interconnections between piping, making larger size mains unnecessary for existing flow
conditions. City water storage within the distribution system consists of a series of ground-
level water storage pumping systems and elevated tank water storage. The City currently
has four 5-million gallon ground-level water storage reservoirs and two 1-million gallon
elevated water storage tanks. The City's elevated storage tanks are all steel vessels
designed to ride on the distribution system. They provide immediate response to pressure
and flow demands in the local areas.
Raw water within the City of Clearwater has historically been of adequate quality to
meet minimum regulatory requirements and has received treatment only in the form of
disinfection via chlorination with a limited amount of aeration for sulfide control.
Additional treatment has been added in the form of corrosion control (polyphosphate). This
type of treatment to date has been compatible with the quality of bulk water purchased
from the County. Continual use of the City's wells has led to increasing mineralization of
the City supply, but there has been no danger to public health.
Attachment number 3
Page 22 of 63
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The following chart shows the average daily water flow on an annualized basis
over the past five years:
Source and Volume of Water Pumped
(in million gallons per day, averaged over the Fiscal Year)
FY City Wells County Total
2003 3.927 8.916 12.843
2004 3.601 9.544 13.145
2005 3.550 10.630 14.180
2006 4.093 9.999 14.092
2007 3.570 9.090 12.660
2008 3.075 8.844 11.919
The table below illustrates the growth in number of customers over the past five
years.
Historical Growth in Number of Water Customers
(all figures are as of September of the year indicated)
Year Water Customers
2003 40,227
2004 40,235
2005 40,178
2006 40,467
2007 40,407
2008 40,131
Attachment number 3
Page 23 of 63
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The ten largest water customers and their 2008 water use including water revenues
received are shown in the table below:
Ten Largest Water Customers
Fiscal Year Ending September 30, 2008
Revenues% of Total
Name of User Produced Revenues
1. Church of Scientology FSO Inc. $ 440,4371.87
2. Morton Plant Hospital 295,6521.26
3. Pinellas County Schools 241,4991.03
4. City of Clearwater 199,237.85
5. Clearwater Housing Authority 194,069.83
6. IMT-LB Central FL Portfolio LLC 171,475.73
7. United Dominion Realty Trust 140,883.60
8. Sandpearl Resort LLC 132,489.56
9. Brenntag Mid-South Inc 128,539.55
10. Bre/Clearwater Owner LLC 116,200 .49
Total $2,060,4808.77
Source: City of Clearwater
Sewer System
The City's sanitary sewage collection system is composed of slightly more than 321
miles of connector mains, utilizing 79 lift stations. Three treatment plants with a combined
design capacity of 28.5 mgd (million gallons per day) are on line and operational. These
three plants are the Marshall Street Facility, the Northeast Facility and the East Facility.
The wastewater pollution control plants, Marshall Street, constructed in the 1950's,
East, constructed in the 1960's and Northeast, constructed in the 1970's, have been
expanded several times to their current design capacities of ten million, five million and
thirteen and one-half million gallons per day respectively. All three plants utilize
Advanced Wastewater Treatment processes. Their current systems include nitrogen and
phosphorous removal, anaerobic digestion, sludge thickening and provide highly treated
reclaimed water for private, commercial and municipal use. The Marshall Street and
Northeast plants also provide for sludge dewatering.
The Northeast Biosolids Management Facility was constructed in 1994. It is
designed to process thirty-three dry tons per day of sludge that meets EPA and Florida
Department of Environmental Protection sludge criteria.
Attachment number 3
Page 24 of 63
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The following chart shows the average daily sewage flow on an annualized basis
over the past five years:
Average Sewage Flow
Annual Avg. Daily Flow
Fiscal Year In MGD
2003 16.2
2004 15.0
2005 14.7
2006 13.8
2007 13.6
2008 14.0
The following table illustrates the growth in number of customers over the past five
years.
Historical Growth in Number of Sewer Customers*
Year
Sewer
Customers
2004 33,234
2005 33,305
2006 33,279
2007 33,255
2008 33,146
*All figures are as of September 30 of the year indicated.
The ten largest sewer customers and their 2008 water use including sewer revenues
received are shown in the table below:
Attachment number 3
Page 25 of 63
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Ten Largest Sewer Customers
Fiscal Year Ending September 30, 2008
Name of User
Revenues
Produced
% of Total
Revenues
1. Church of Scientology $ 426,900 1.70
2. Morton Plant Hospital 334,970 1.33
3. Pinellas County Schools 312,724 1.25
4. Clearwater Housing Authority 184,424 .73
5. IMT-LB Central FL Portfolio LLC 181,327 .72
6. United Dominion Realty Trust 181,098 .72
7. Bre/Clearwater Owner LLC 150,203 .60
8. Sandpearl Resort LLC 132,456 .53
9. City of Clearwater 129,190 .51
10. Sheraton Sand Key 124,891 .50
Total $2,158,183 8.59
Source: City of Clearwater
Future Water and Sewer Capital Improvements
The Rate Study forecasts a capital improvement program for the System over the
ten year period from 2008 through 2018 in the amount of approximately $351.9 million. Of
this amount, it is anticipated that the City will incur long-term revenue bond financing for
approximately $60 million from the proceeds of the Series 2009A Bonds and an additional
$75.88 million from the issuance of future series of revenue bonds. The balance of the costs
of the capital improvement program are expected to be paid from impact fees, grant
funding, renewal and replacement and from unexpended amounts on deposit in the
Revenue Fund after payment of debt service on Bonds.
RATES, FEES AND CHARGES
Establishment of Rates, Fees and Charges; Rate Study
The City establishes by Ordinance rates, fees and charges for use of the System,
which are adopted in response to periodic rate studies conducted by Burton and Associates,
the City’s utility rate consultant. The most recent Revenue Sufficiency Analysis, dated
June 23, 2008 (the “Rate Study”) forms the basis for establishing future rates fees and
charges for System services based upon a planning period of FY 2008 through FY 2018. The
result of the Rate Study suggests a 7% increase per year in FY 2009, FY 2010, and FY 2011
Attachment number 3
Page 26 of 63
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followed by 6% annual rate adjustments in FY 2012 and each year thereafter. See,
Appendix F – Rate Study.” The City enacted Ordinance7913-08 on June 19, 2008
establishing rates, fees and charges for FY 2009 through FY 2012 in conformance with the
recommendations of the Rate Study. The Rate Study is included herein as Appendix F and
a schedule of rates, fees and charges is attached hereto as Appendix G.
Debt Service Coverage By Historical Net Revenues
Fiscal Years Ended September 30
2004 2005 2006 2007 2008
Net Revenues Available
for Debt Service (1) $12,986,878$14,135,278$14,651,000$15,706,000$15,689,000
Annual Debt Service 9,538,5139,891,5819,731,00010,703,00010,897,000
Coverage 1.361.431.511.471.44
(1) Revenues used in calculation include interest earnings and exclude extraordinary gain and contributed revenues.
Expenses used exclude depreciation (and similar non-cash expenses), amortization of bond discount and issue costs, bond
interest, sinking fund and reserve requirements and extraordinary loss.
Source: City of Clearwater.
FINANCIAL STATEMENTS
The combined financial statements and Water and Sewer enterprise fund financial
statements of the City at September 30, 2008 and for the Fiscal Year then ended, appended
hereto as Appendix B, have been excerpted from the financial statements contained in the
City's Comprehensive Annual Financial Reports for the Fiscal Year ending September 30,
2008.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45, Florida Statutes, the City adopted a
written investment policy, which applies to all funds held by or for the benefit of the City
Council (except for proceeds of bond issues which are deposited in escrow and debt service
funds and governed by their bond documents) and funds of Constitutional Officers and
other component units of the City.
The objectives of the investment policy, listed in order in order of importance, are:
1. Safety of principal
2. Provision of sufficient liquidity
Attachment number 3
Page 27 of 63
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3. Optimization of return within the constraints of safety and liquidity
The investment policy limits the securities eligible for inclusion in the City's
portfolio. The City will attempt to maintain a weighted average maturity of its
investments at or below three years; however, the average maturity of investments may
not exceed four years.
To enhance safety, the investment policy requires the diversification of the portfolio
to reduce the risk of loss resulting from over-concentration of assets in a specific class of
security. The investment policy also requires the preparation of periodic reports for the
City Council of all outstanding securities by class or type, book value, income earned and
market value as of the report date.
Notwithstanding the foregoing, moneys held in the funds and accounts established
under the Ordinance may be invested only in Authorized Investments, as described in the
Ordinance.
LITIGATION
In the opinion of the City Attorney, no legal proceedings are pending or threatened
that materially affect the City's ability to perform its obligations to the holders of the Series
2009 Bonds or that materially affect the Pledged Revenues.
In the opinion of the City Attorney, there is no litigation or controversy of any
nature now pending or, to the City's knowledge, threatened to restrain or enjoin the
issuance, sale, execution or delivery of the Series 2009 Bonds or in any way contesting the
validity of the Series 2009 Bonds or any proceedings of the City taken with respect to the
authorization, sale or issuance of the Series 2009 Bonds or the pledge or application of any
moneys provided for the payment of the Series 2009 Bonds.
RATINGS
Moody's Investors Service (“Moody’s), Fitch Ratings (“Fitch”) and Standard & Poor's,
a division of The McGraw-Hill Companies (“S&P”) have assigned ratings of " ", “ “ and " "
respectively, to the Series 2009 Bonds, based upon the issuance by [Insurer] of its policy of
municipal bond insurance concurrently with the issuance of the Series 2009 Bonds.
Moody's Investors Service (“Moody’s), Fitch Ratings (“Fitch”) and Standard & Poor's, a
division of The McGraw-Hill Companies (“S&P”) have assigned ratings of " ", “ “ and " "
respectively, to the Series 2009 Bonds, without regard to the policy of municipal bond
insurance. Such ratings reflect only the views of such organizations and any desired
explanation of the significance of such ratings should be obtained from the respective
rating agency. Generally, a rating agency bases its rating on the information and
Attachment number 3
Page 28 of 63
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materials furnished to it and on investigations, studies and assumptions of its own. There
is no assurance such ratings will continue for any given period of time or that such ratings
will not be revised downward or withdrawn entirely by the rating agencies, if in the
judgment of such rating agencies, circumstances so warrant. Any such downward revision
or withdrawal of such ratings may have an adverse effect on the market price of the Series
2009 Bonds.
TAX MATTERS
Federal Income Tax Matters
The Internal Revenue Code of 1986, as amended (the "Code") establishes certain
requirements which must be met subsequent to the issuance and delivery of the Series
2009 Bonds in order that interest on the Series 2009 Bonds will be and remain excluded
from gross income for purposes of federal income taxation. Non-compliance may cause
interest on the Series 2009 Bonds to be included in federal gross income retroactive to the
date of issuance of the Series 2009 Bonds, regardless of the date on which such non-
compliance occurs or is ascertained. These requirements include, but are not limited to,
provisions which prescribe yield and other limits within which the proceeds of the Series
2009 Bonds and the other amounts are to be invested and require that certain investment
earnings on the foregoing must be rebated on a periodic basis to the Treasury Department
of the United States. The City has covenanted in the Resolution to comply with such
requirements in order to maintain the exclusion from federal gross income of the interest
on the Series 2009 Bonds.
In the opinion of Bond Counsel, assuming compliance with the aforementioned
covenants, under existing statutes, regulations and judicial decisions, interest on the Series
2009 Bonds is excluded from gross income for purposes of federal income taxation, interest
on the Series 2009 Bonds is not an item of tax preference for purposes of the federal
alternative minimum tax imposed on individuals and corporations, and interest on the
Series 2009A Bonds will not be taken into account to determine adjusted current earnings
of corporations; however, interest on the Series 2009B Bonds may be subject to the
alternative minimum tax when any 2009B Bond is held by a corporation. The alternative
minimum taxable income of a corporation must be increased by 75% of the excess of such
corporation’s adjusted current earnings over its alternative minimum taxable income
(before this adjustment and the alternative tax net operating loss deduction). "Adjusted
current earnings" will include interest on the Series 2009B Bonds.
Except as described above, Bond Counsel expresses no opinion regarding other
federal tax consequences resulting from ownership of, receipt or accrual of interest on, or
disposition of the Series 2009 Bonds. Prospective purchasers of the Series 2009 Bonds
should be aware that (i) Section 265 of the Code denies a deduction for interest on
indebtedness incurred or continued to purchase or carry the Series 2009 Bonds; (ii) with
Attachment number 3
Page 29 of 63
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respect to insurance companies subject to the tax imposed by Section 831 of the Code,
Section 832(b)(5)(B)(i) reduces the deduction for loss reserves by 15% of the sum of certain
items, including interest on the Series 2009 Bonds; (iii) interest on the Series 2009 Bonds
earned by certain foreign corporations doing business in the United States could be subject
to a branch profits tax imposed by Section 884 of the Code; (iv) passive investments income,
including interest on the Series 2009 Bonds, may be subject to federal income taxation
under Section 1375 of the Code for Subchapter S corporations that have Subchapter C
earnings and profits at the close of the taxable year if greater than 25% of the gross
receipts of such Subchapter S corporations is passive investment income; and (v) Section 86
of the Code requires recipients of certain Social Security and certain Railroad Retirement
benefits to take into account, in determining the taxability of such benefits, receipts or
accruals of interest on the Series 2009 Bonds. Other provisions of the Code may give rise to
adverse federal income tax consequences to particular Bondholders. Holders of the Series
2009 Bonds should consult their own tax advisors with respect to the tax consequences to
them of owning the Series 2009 Bonds.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2009
BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE
ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND
CORPORATE REGISTERED OWNERS. PROSPECTIVE REGISTERED OWNERS
SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT
REGARD.
During recent years legislative proposals have been introduced in Congress, and in
some cases enacted, that altered certain federal tax consequences resulting from the
ownership of obligations that are similar to the Series 2009 Bonds. In some cases these
proposals have contained provisions that altered these consequences on a retroactive basis.
Such alterations of federal tax consequences may have affected the market value of
obligations similar to the Series 2009 Bonds. From time to time, legislative proposals are
pending which could have an effect on both the federal tax consequences resulting from
ownership of the Series 2009 Bonds and their market value. No assurance can be given
that additional legislative proposals will not be introduced or enacted that would or might
apply to, or have an adverse effect upon, the Series 2009 Bonds.
LEGAL OPINIONS
Legal matters incident to the authorization, issuance and sale of the Series 2009
Bonds are subject to the approval of Bryant Miller Olive P.A., Tallahassee, Florida, Bond
Counsel, whose approving opinion will be printed on the Series 2009 Bonds and will be in
substantially the form set forth in APPENDIX E. Certain other legal matters will be passed
upon for the City by Pamela K. Akin, Esquire, City Attorney and by Nabors, Giblin &
Nickerson, P.A., Tampa, Florida, Disclosure Counsel to the City.
Attachment number 3
Page 30 of 63
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ENFORCEABILITY OF REMEDIES
The remedies available to the Holders of the Series 2009 Bonds upon an Event of
Default under the Ordinance are in many respects dependent upon judicial actions which
are often subject to discretion and delay. Under existing constitutional and statutory law
and judicial decisions, the remedies specified by the Ordinance may not be readily available
or may be limited. The various legal opinions to be delivered concurrently with the
delivery of the Series 2009 Bonds will be qualified, as to the enforceability of the various
legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or
other similar laws affecting the rights of creditors enacted before or after such delivery.
The remedies granted to the Bondholders under the Ordinance do not include the power to
accelerate the principal of the Series 2009 Bonds.
FINANCIAL ADVISOR
Raymond James & Associates, Inc. has served as independent financial advisor to
the City with respect to the issuance and sale of the Series 2009 Bonds. The Financial
Advisor assisted in the preparation of this Official Statement and in other matters relating
to the planning, structuring and issuance of the Series 2009 Bonds. Raymond James &
Associates, Inc. will not engage in any underwriting activities with regard to the issuance
and sale of the Series 2009 Bonds. Raymond James & Associates, Inc. is not obligated to
undertake and has not undertaken to make an independent verification or to assume
responsibility for the accuracy, completeness or fairness of the information contained in
this Official Statement and is not obligated to review or ensure compliance with the
undertaking by the City to provide continuing secondary market disclosure. Raymond
James & Associates, Inc. may assist the City in bidding certain investments on behalf of
the City, which may result in additional fees being paid to Raymond James & Associates,
Inc.
UNDERWRITING
The Series 2009 Bonds are being purchased by Wachovia Bank, National
Association, on behalf of itself and as representative of the co-managers, RBC Capital
Markets Corporation, Fifth Third Securities, Inc. and Merrill Lynch, Pierce Fenner &
Smith Incorporated, (collectively, the “Underwriters”), from the City at an aggregate
purchase price of $ (par less underwriter's discount of $ , plus accrued interest
on the Series 2009 Bonds). The Underwriters are obligated to purchase all the Series 2009
Bonds if any are purchased. Following the initial public offering, the public offering prices
may be changed from time to time by the Underwriters.
Attachment number 3
Page 31 of 63
26
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Section 517.051, Florida Statutes, as amended, and the regulations promulgated
thereunder (the "Disclosure Act") require that the City make a full and fair disclosure of
any bonds or other debt obligations that it has issued or guaranteed and that are or have
been in default as to principal or interest at any time after December 31, 1975 (including
bonds or other debt obligations for which it has served only as a conduit issuer such as
industrial development or private activity bonds issued on behalf of private businesses).
The City is not and has not since December 31, 1975 been in default as to principal and
interest on its bonds or other debt obligations (see, however, disclosure which is being made
in the next paragraph related to conduit indebtedness).
The City hereby makes the following disclosure regarding a default on an issue of
industrial development bonds not related to any direct indebtedness of the City, as it is
aware of a prior default in 1990 with respect to an issue of industrial revenue bonds for
which the City served only as a conduit issuer. The City was not liable to pay the principal
of or interest on such bonds except from payments made to it by the private company on
whose behalf such bonds were issued and no funds of the City were used to pay such bonds
or the interest thereon. Although the City is not aware of any other defaults with respect to
bonds or other debt obligations as to which it has served only as a conduit issuer, it has not
undertaken an independent review or investigation of such bonds or other debt obligations.
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance of
the Series 2009 Bonds. These advisors and consultants are compensated from a portion of
the proceeds of the Series 2009 Bonds, identified as "Costs of Issuance" under the heading
"ESTIMATED SOURCES AND USES OF FUNDS" herein; and such compensation, is, in
some instances, contingent upon the issuance of the Bonds and the receipt of the proceeds
thereof.
Financial Advisor. The City has retained Raymond James & Associates, Inc., St.
Petersburg, Florida, as Financial Advisor. The fees of the Financial Advisor will be paid
from proceeds of the Series 2009 Bonds and such payment is contingent upon the issuance
of the Series 2009 Bonds.
Bond Counsel. Bryant Miller Olive P.A., Tallahassee, Florida represents the City
as Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds, and
such payment is contingent upon the issuance of the Bonds.
Disclosure Counsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida represents
the City as Disclosure Counsel. The fees of Disclosure Counsel will be paid from proceeds
of the Series 2009 Bonds, and such payment is contingent upon the issuance of the Series
2009 Bonds.
Attachment number 3
Page 32 of 63
27
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial owners of the
Series 2009 Bonds to provide certain financial information and operating data relating to
the City by not later than June 30 in each year commencing June 30, 2010 (the "Annual
Report"), and to provide notices of the occurrence of certain enumerated events, if deemed
by the City to be material. The Annual Report will be filed by the City with each
Nationally Recognized Municipal Securities Information Repository ("NRMSIR"), and with
the State of Florida Repository, if and when created. The notices of material events will be
filed by the City with the NRMSIR and with the State of Florida Repository, if and when
created. The form of Continuing Disclosure Certificate containing the specific nature of the
information to be contained in the Annual Report or the notices of material events appears
in "APPENDIX D - FORM OF CONTINUING DISCLOSURE CERTIFICATE." These
covenants have been made in order to assist the Underwriter in complying with S.E.C.
Rule 15c2-12(b)(5). The City has never failed to comply in all material respects with any
previous undertakings with regard to said Rule to provide annual reports or notices of
material events.
CERTIFICATE CONCERNING OFFICIAL STATEMENT
Concurrently with the delivery of the Series 2009 Bonds, the City will furnish its
certificate, executed by the Mayor or Vice-Mayor of the City, to the effect that, to the best of
his or her knowledge, this Official Statement, as of its date and as of the date of delivery of
the Series 2009 Bonds, does not contain any untrue statements of material fact and does
not omit to state a material fact ,which should be included herein for the purpose for which
this Official Statement is to be used, or which is necessary to make the statements
contained herein, in the light of the circumstances under which they were made, not
misleading.
MISCELLANEOUS
The references, excerpts and summaries of all documents, resolutions and/or
ordinances referred to herein do not purport to be complete statements of the provisions of
such documents, resolutions and/or ordinances and reference is directed to all such
documents, resolutions and/or ordinances for full and complete statements of all matters of
fact relating to the Series 2009 Bonds, the security for and the repayment of the Series
2009 Bonds and the rights and obligations of the Holders thereof. Copies of such
documents, resolutions and ordinances may be obtained from the City Clerk's Office.
So far as any statements made in this Official Statement involve matters of opinion
or of estimates, whether or not expressly stated, they are set forth as such and not as
representations of fact. No representation is made that any of such statements will be
Attachment number 3
Page 33 of 63
28
realized. Neither this Official Statement nor any statement which may have been orally or
in writing is to be construed as a contract with the Holders of the Series 2009 Bonds.
The execution and delivery of this Official Statement by the Mayor of the City has
been duly authorized by the City Commission.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard, Mayor
William B. Horne, II, City Manager
Attachment number 3
Page 34 of 63
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
Attachment number 3
Page 35 of 63
DRAFT #1: 03/__/09
APPENDIX A.1
GENERAL INFORMATION
RELATING TO THE CITY OF CLEARWATER, FLORIDA
Location
The City of Clearwater (the "City"), the county seat of Pinellas County (the fifth
most populous county in Florida), is geographically located in the middle of the west
coast of Florida on the Gulf of Mexico. It is situated approximately 20 miles west of
Tampa and 20 miles north of St. Petersburg. Standing on the highest coastal elevation of
the State, the City limits comprise approximately 25.5 square miles of land and 8.6
square miles of waterways and lakes.
Clearwater Beach, a corporate part of the City, is a beach community connected to
the mainland by Memorial Causeway, a four-lane, toll-free drive stretching almost two
miles across the Intracoastal Waterway. Business on Clearwater Beach is mainly tourist
oriented, with hotels, motels and gift shops. Many fine homes, apartments and
condominiums offer pleasant, semi-tropical island accommodations to permanent
residents and winter and summer visitors.
History
The area now known as Clearwater was first explored in 1528 by Panfile de
Narvaez, a Spanish explorer who encountered a large tribe of Indians, which his army
drove out. The Indians recaptured their territory and held it until the Seminole Wars of
1835-42. The Indians who inhabited this area are said to have called it "Pocotopaug,"
meaning "clear water," for the many springs of clear, fresh water that bubbled along the
shore and even below the waterline at low tide.
Settlers began moving into the area around the time of the Seminole Wars. After
the wars ended, the territory was opened by the Federal government for homesteading
under the Armed Occupation Act. The first land title was granted in 1842. The early
settlement, named "Clear Water Harbor," was incorporated in 1897. "Clear Water" later
became one word and "Harbor" was dropped in 1906 when Pinellas County was created
by an act of the State Legislature. In May 1911, Clearwater became the County Seat and
Clearwater was chartered as a municipality on May 27, 1915.
Government and Administration
Clearwater has a council-city manager form of government. Four council members
and a mayor are elected at large to serve overlapping three-year terms. They appoint the
city manager and the city attorney. All other administrative and professional positions are
appointed by the city manager in accordance with the City's Civil Service System.
Attachment number 3
Page 36 of 63
A-2
The City has approximately 1,894 employees, covered by the City's Civil Service
law relating to recruitment, promotion, evaluation and discipline based on merit
principles. Four employee unions represent the City's civil labor force: two units of the
Fraternal Order of Police; two of the International Association of Fire Fighters; and one
from the Communications Workers of America.
Transportation
Pinellas County and Clearwater are served by three major causeways and bridges
over Tampa Bay, by U.S. 19 and I-275 to the north and south, by I-4 and U.S. 60 to the
east. State Roads 590 and 686 also afford access to the City.
Tampa International Airport, located approximately seventeen miles from
downtown Clearwater, provides air travel access with approximately 260 national and
international flights daily. Limousine and taxi service to and from the airport is available
from Clearwater and throughout Pinellas County. St. Petersburg/Clearwater International
Airport, approximately ten miles from downtown Clearwater, offers regularly scheduled
passenger service and charter and special group flights, on a more limited basis to both
domestic and foreign destinations, particularly to Canada, Mexico, and Central and South
America. The Executive Airpark, which is slightly over a mile from the downtown
business section, provides service and maintenance for private plane owners. The airport
has one 3,000 foot hard-surface runway and facilities for visiting and locally based
planes.
The Port of Tampa (22 miles to the east) is the closest deep water port. The port is
serviced by a variety of steamship agents and operators. The United States Coast Guard
maintains an air station at the St. Petersburg/Clearwater International Airport, and a
search and sea rescue cutter station on Clearwater Harbor opposite Sand Key.
Gulf Coast Motor Lines provides service daily between Clearwater, St. Petersburg
and Tampa and makes connections with Greyhound and Trailways Bus Lines in Tampa.
Scenic tours are available via Gray Line out of Clearwater and St. Petersburg, and both
Gray Line and Gulf Coast have buses for charter. Pinellas Suncoast Transit System
maintains 54 routes in 19 municipalities in Pinellas County.
Utilities, Public Service and Community Facilities
The City owns and operates its own water and wastewater collection systems.
Water is obtained from 17 deep wells owned and operated by the City (approximately 20-
25%) and from wholesale purchases from the Pinellas County Water System
(approximately 75-80%). Total daily average is approximately 29 million gallons per
day. The wastewater collection program provides for the transmission of wastewater
Attachment number 3
Page 37 of 63
A-3
through the City's underground sewer mains, collectors and interceptor lines and for the
maintenance, repair and replacement of 363 miles of sanitary sewer lines. The
Department of Public Works maintains 305.1 miles of paved streets, 10.4 miles of
unpaved streets, 147 miles of stormwater mains, 567 miles of water mains and 753 miles
of gas mains.
Electric power is provided by Progress Energy and telephone service is provided
by Verizon of Florida, Inc. Bright House Networks and Knology provide cable television
service under franchises with the City. Local editions of the daily St. Petersburg Times
and The Tampa Tribune, plus weekly newspapers from adjacent Dunedin, Largo,
Seminole and Clearwater Beach are widely distributed.
The Clearwater Public Library System consists of a main library and four branches
which are spread evenly throughout the community for easy access. The City offers 42
acres of public beach front, 1,134 acres of parks, 32 playgrounds, numerous athletic
courts and fields, seven swimming pools, an 8,500 seat baseball and softball stadium,
three golf courses, seven recreational centers, 32 special recreation facilities, 7.4 miles of
recreational paths, boat ramps and a 209 slip yacht basin and marina. The Philadelphia
Phillies conduct spring training at the municipal baseball stadium and have a long-term
contract for farm club training on Clearwater's specially constructed facilities during the
Winter Instructional League Program. Clearwater is the home of the Clearwater
Bombers, a national amateur fast pitch softball team.
Tourism
The State of Florida reported 82.5 million tourists came to Florida during the year
2008, a decrease of 2.3% from 2007. The first six months of the year actually showed a
2.9% increase. It was during the second six months that the global economic crisis caused
consumers to change vacation patterns and companies to cancel meetings and
conventions. More than 3,859,000 residents took a pleasure trip in the fourth quarter of
2008 and in-state trips increased by 22.9% in 2008 overall. Preliminary data collected at
14 of Florida's major airports shows a 7.3% decrease in total enplanements to Florida for
the fourth quarter and a decrease of 2.1% for 2008. During the fourth quarter of 2008,
overseas travel to Florida decreased by 8.0%, however overseas visitation for the 2008
calendar year increased 1.1%. Canadian travel to Florida during the fourth quarter shows
a 5.7% decline, yet Canadian travel to Florida increased by 14.0% overall in 2008.
According to information provided by the St. Petersburg/Clearwater Area Convention
and Visitor's Bureau, there are over 13.5 million visitors to the Pinellas County area
annually. Tourism is the region's number one employer with Pinellas County residents
earning a combined annual payroll of $2.9 billion annually. The total impact of tourism to
Pinellas County is over $6.9 billion annually. Pinellas County is ranked seventh of the top
Attachment number 3
Page 38 of 63
A-4
ten destinations in Florida. Clearwater's Fun 'N Sun Festival each spring attracts
thousands of visitors.
Education
The Pinellas County School District is the seventh largest in the State and operates
a total of 180 schools comprising elementary through high school, vocational schools
(including Area Vocational Centers), alternative schools, Charter Schools and
Department of Juvenile Justice Schools within the County. The Pinellas County School
District is the 23rd largest in the nation and the seventh largest in the State with 19,000
part-time and full-time employees. During the 2005-2006 school year enrollment reached
109,087 with students attending 82 elementary (K-5), 24 middle schools (6-8), 17 high
schools (9-12), along with five exceptional schools and four centers, four secondary
schools (6-12), 27 alternative education centers and six charter schools. The district also
operates one adult learning center, one secondary vocational center, two technical
education centers, two evening adult high schools and three community schools with a
2005-2006 enrollment of 46,091. Private schools and academies are also located within
or near the City limits. In addition, St. Petersburg College has a Clearwater campus.
Eckerd College in St. Petersburg, Beacon College in Largo, Stetson University College of
Law in Gulfport, the University of South Florida and the University of Tampa in Tampa
offer nearby college and post-graduate education.
Industry, Commerce and Labor
Light, clean industry is encouraged in Clearwater. In 1957, the City of Clearwater
developed a 100 acre industrial park adjacent to the Clearwater Airpark (Executive
Airport) and to the CSX Transportation Company. There is also a privately owned, 35
acre industrial park. Large industries located near Clearwater include Honeywell, General
Electric, UNISYS, Concept and Hercules Defense Electronics Systems, Inc. During the
1999 fiscal year IMRglobal Corp. ("IMR") occupied its new world headquarters in
downtown Clearwater.
Pension Plan
The Employees' Pension Plan and the Fireman's Pension Plan are self-
administered by the City. City contributions for fiscal year ending 2006 were $7,400,205
to the Employees' Plan and $1,397,390 to the Fireman's Plan, and were in accordance
with actuarially determined funding requirements.
In addition, supplemental pensions exist for certified Police Officers and
Firefighters, funded solely from excise taxes on certain insurance premiums covering
Attachment number 3
Page 39 of 63
A-5
property in Clearwater, collected by the State and remitted to the City. Both plans require
benefits to be adjusted to equal funds assets provided by the defined contributions.
[Remainder of page intentionally left blank]
Demographic Information
Last Ten Fiscal Years
Year
(a)
Population
(b)
Per Capita
Personal Income
(c)
Median
Age
(d)
School
Enrollment
(e)
Unemployment
Rate (%)
1999 104,454 $27,305 43.9 14,551 3.0
2000 108,787 28,813 44.2 15,978 2.7
2001 109,231 29,649 43.0 16,293 2.7
2002 109,719 31,784 43.0 17,047 3.9
2003 110,055 32,590 43.9 16,295 4.9
2004 110,325 33,361 44.0 16,323 4.4
2005 110,831 33,631 44.2 15,964 3.7
2006 110,602 35,607 44.2 15,696 3.2
2007 110,496 38,530 44.5 15,500 3.8
2008 110,251 41,448 44.5 15,482 5.5
(a) Source is the University of Florida, Bureau of Economic and Business Research, April 1, 2008 estimate for current year and
Florida Statistical Abstract for prior years.
(b) Data is from per capital personal income for Pinellas County for two years prior. Source is the University of Florida, Bureau
of Economic and Business Research, Florida Statistical Abstract.
(c) Data is for Pinellas County for prior year. Source is the University of Florida, Bureau of Economic and Business Research,
Florida Statistical Abstract.
(d) Source of data is the Pinellas County School District.
(e) Source for fiscal years 1999 through 2007 is the University of Florida, Bureau of Economic and Business Research, Florida
Statistical Abstract, Annual Averages of the indicated fiscal year. Source for fiscal year 2008 is the US Department of Labor,
Bureau of Labor Statistics, Tampa Metro Area as of September 2008.
Source: City of Clearwater, Florida Comprehensive Annual Financial Report for period ending September 30, 2008.
NOTE: Data is the latest published annual data available for an unspecified point in each year, not specifically September 30.
Attachment number 3
Page 40 of 63
A-6
Property Values and Construction
Last Ten Fiscal Years
Commercial Construction Residential Construction
Fiscal
Year
Number
of
Permits Value
Number
of
Permits Value
Total Assessed
Property Value
(a)
1999 1,821 90,770,0555,624 37,677,855 6,349,561,534
2000 2,666 177,565,8125,483 30,355,644 6,555,350,175
2001 2,313 164,741,1455,512 34,182,620 7,108,110,272
2002 2,192 108,881,1465,440 36,490,317 7,858,986,677
2003 1,820 189,656,9566,071 54,107,088 8,556,134,526
2004 1,864 202,893,7926,325 59,345,196 9,461,860,503
2005 1,823 136,505,6937,423 73,216,187 10,638,613,482
2006 2,182 6,328
2007
2008
(a) Pinellas County Property Appraiser, values listed are for years of collections.
Source: City of Clearwater, Florida Comprehensive Annual Financial Report for period ending September 30, 2008.
Attachment number 3
Page 41 of 63
A-7
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Attachment number 3
Page 42 of 63
A-8
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Attachment number 3
Page 43 of 63
A-9
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Attachment number 3
Page 44 of 63
A-10
City of Clearwater, Florida
Principal Real Property Taxpayers
Current Year and Nine Years Ago
September 30, 2008
2009 1999
Taxpayer
REAL PROPERTY
Taxable
Assessed
Value Rank
Percentage
of Total
City
Taxable
Assessed
Value
Taxable
Assessed
Value Rank
Percentage
of Total
City
Taxable
Assessed
Value
Bellweather Prop. LP Ltd $123,725,1001 1.16% $81,862,900 1 1.97%
Clearwater Mall 45,686,2002 0.43
Taylor, John S. III 44,793,0003 0.42 22,596,600 4 0.54
Park Isle Condo Dev. LL 39,850,0004 0.37
Sand Kay Association Ltd. 38,600,0005 0.36 19,300,300 5 0.46
Weingarten Nostat Inc. 32,333,0006 0.30
W R I Countryside Centre
LLC
32,000,000
7 0.30
United Dominion RLTY
Trust
30,775,000
8 0.29
ZOM Bayside Arbors Ltd. 28,488,6009 0.27 19,215,400 6 0.46
Duff, Andrew R. – Trustee 25,200,00010 0.24 14,624,100 10 0.35
Excel Realty Trust Inc. 42,230,200 2 1.02
Regency Land Partnership 29,994,200 3 0.72
Walmart Store, Inc. 17,387,700 7 0.42
Branch Sunset Assoc., LTD 16,454,700 8 0.40
HRE Prop. 15,273,200 9 0.37
Total $441,450,900 4.15% $278,939,300 6.72%
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period ending September 30,
2008; Pinellas County Property Appraiser.
Attachment number 3
Page 45 of 63
A-11
City of Clearwater, Florida
Ratio of Net General Bonded Debt to Taxable Assessed Value
and Net Bonded Debt Per Capita
Last Ten Fiscal Years
Fiscal
Year Population
Taxable
Assessed
Value(a)
(000)
Net
General
Bonded
Debt
Ratio of Net
General
Bonded Debt To
Assessed
Value
Net
General
Bonded
Debt
Per
Capita
1999 104,454 $ 4,692,399 - n/a 0.00
2000 108,787 4,903,479 - n/a 0.00
2001 109,231 5,208,787 - n/a 0.00
2002 109,719 5,688,426 - n/a 0.00
2003 110,055 6,105,078 - n/a 0.00
2004 110,325 6,693,265 - n/a 0.00
2005 110,831 7,468,727 - n/a 0.00
2006 110,602 8,650,231 - n/a 0.00
2007 110,469 10,656,245
2008 110,251 11,148,755
(a)Values listed are for year of collections.
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period
ending September 30, 2006.
[Remainder of page intentionally left blank]
Attachment number 3
Page 46 of 63
A-12
City of Clearwater, Florida
Legal Debt Margin Information
Last Ten Fiscal Years
(amounts in thousands)
Fiscal
Year
Debt
Limit
Total Net Debt
Applicable
to Limit
Legal
Debt Margin
Total Net Debt
Applicable
to Limit
as Percentage
of Debt Limit
1999 $ 830,744 $ 116,410 $714,334 14.01
2000 870,699 121,644 749,055 13.97
2001 931,415 167,938 763,477 18.03
2002 1,026,014 254,873 771,141 24.84
2003 1,116,032 243,518 872,514 21.82
2004 1,236,804 249,370 987,434 20.16
2005 1,395,730 236,154 1,159,576 16.92
2006 1,631,179 247,706 1,383,473 15.19
2007 2,028,832 230,639 1,798,193 11.37
2008 2,128,847 224,224 1,904,623 10.53
Legal Debt Margin Calculation for Fiscal Year 2006
Assessed valuation of non-exempt real estate $10,644,255
Debt Limit (20% of assessed valuation per City Charter) 2,128,847
Debt applicable to limit:
Revenue bonds $ 240,725
Capital leases 11,492
Less: Amount set aside for repayment of bonded debt (27,993)
224,224
Legal debt margin $ 1,904,623
Note: Per City Charter, the City's indebtedness, to include revenue, refunding, and improvement
bonds, shall not exceed 20 percent of the current assessed valuation of all real property
located in the City.
Attachment number 3
Page 47 of 63
A-13
City of Clearwater, Florida
Computation of Direct and Overlapping Debt
September 30, 2008
Governmental Unit
Net General
Obligation Debt
Outstanding Percent Amount
City of Clearwater $- N/A $-
Pinellas County School Board $39,327,874 13.77% $5,415,448(a)
(a) Applicable Net Debt Percentage is based on ratio of City to County Taxable values
for 2007 collections ($6,978,650,700 / $50,693,636,100 = 13.77%).
Attachment number 3
Page 48 of 63
APPENDIX B
EXCERPTS FROM THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008
Attachment number 3
Page 49 of 63
APPENDIX C
FORM OF ORDINANCE 6915-01 AND RESOLUTION 2009-[ ]
Attachment number 3
Page 50 of 63
APPENDIX D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
Attachment number 3
Page 51 of 63
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is
executed and delivered by the City of Clearwater, Florida (the "Issuer") in
connection with the issuance of its [Series A Amount] Water and Sewer Revenue
Bonds, Series 2009A (the “Series 2009A Bonds”) and its [Series B Amount]
Water and Sewer Revenue Refunding Bonds, Series 2009B (the “Series 2009B
Bonds”) (collectively, the "Series 2009 Bonds"). The Series 2009 Bonds are being
issued pursuant to Ordinance No. 3674-84 enacted by the Issuer on August 2,
1984, as amended and supplemented in Ordinance 6915-01, enacted November
15, 2001 (collectively, the "Ordinance") and as further supplemented by
Resolution 2009-[ ], adopted by the City on [ ], 2009 (the
"Series 2009 Resolution"). The Issuer covenants and agrees as follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This
Disclosure Certificate is being executed and delivered by the Issuer for the
benefit of the Series 2009 Bondholders and in order to assist the original
underwriters of the Series 2009 Bonds in complying with Rule 15c2-12(b)(5)
promulgated by the Securities and Exchange Commission ("SEC") pursuant to
the Securities Exchange Act of 1934 (the "Rule").
SECTION 2. PROVISION OF ANNUAL INFORMATION. Except
as otherwise provided herein, the Issuer shall provide to all of the nationally
recognized municipal securities information repositories described in Section 4
hereof (the "National Repositories"), and to any state information depository that
is established within the State of Florida (the "SID"), on or before June 30 of
each year, commencing June 30, 2010, the information set forth below in this
Section 2. Notwithstanding the immediately preceding sentence, to the extent
any such information does not become available to the Issuer before June 30 of
any year, the Issuer shall provide such information when it becomes available,
but no later than one year following the end of the Issuer's Fiscal Year.
(A) the Issuer's Comprehensive Annual Financial Report for the
immediately preceding Fiscal Year (the "CAFR"), which shall include the audited
financial statements of the Issuer for the immediately preceding Fiscal Year
prepared in accordance with Generally Accepted Accounting Principles, as
modified by applicable State of Florida requirements and the governmental
accounting standards promulgated by the Government Accounting Standards
Board; provided, however, if the audited financial statements of the Issuer are
not completed prior to April 30 of any year, the Issuer shall provide unaudited
Attachment number 3
Page 52 of 63
2
financial statements on such date and shall provide the audited financial
statements as soon as practicable following their completion; and
(B) to the extent not set forth in the CAFR, additional financial
information and operating data of the type included with respect to the Issuer in
the final official statement prepared in connection with the sale and issuance of
the Series 2009 Bonds (as amended, the "Official Statement"), as set forth below:
1. Updates of the historical financial information set forth in the
Official Statement under the principal captions "THE WATER AND
SEWER SYSTEM" for the then-immediately preceding five fiscal years
and " APPENDIX G - SCHEDULE OF RATES, FEES AND CHARGES."
2. Description of any additional indebtedness payable in whole or
in part from the Net Revenues (as defined in the Ordinance).
3. Any other financial information or operating data of the type
included in the Official Statement which would be material to a holder or
prospective holders of the Series 2009 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year" means the period
commencing on October 1 and ending on September 30 of the next succeeding
year, or such other period of time provided by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. The Issuer
shall provide to the National Repositories or the Municipal Securities
Rulemaking Board (the "MSRB") and to the SID, on a timely basis, notice of any
of the following events, if such event is material with respect to the Series 2009
Bonds or the Issuer's ability to satisfy its payment obligations with respect to the
Series 2009 Bonds:
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on the debt service reserve fund reflecting
financial difficulties;
Attachment number 3
Page 53 of 63
3
(D) Unscheduled draws on credit enhancement reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to
perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of
the Series 2009 Bonds;
(G) Modifications to rights of Series 2009 Bondholders;
(H) Redemptions;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
Series 2009 Bonds;
(K) Rating changes; and
(L) Notice of any failure on the part of the Issuer or any other Obligated
Person (as defined herein) to meet the requirements of Section 2 hereof.
The Issuer may from time to time, in its discretion, choose to provide
notice of the occurrence of certain other events, in addition to those listed in this
Section 3, if, in the judgment of the Issuer, such other events are material with
respect to the Series 2009 Bonds, but the Issuer does not specifically undertake
to commit to provide any such additional notice of the occurrence of any material
event except those events listed above.
Whenever the Issuer obtains knowledge of the occurrence of a significant
event described in this Section 3, the Issuer shall as soon as possible determine
if such event would be material under applicable federal securities law to holders
of Series 2009 Bonds, provided, that any event under clauses (D), (E), (F), (K) or
(L) above will always be deemed to be material.
SECTION 4. National Repositories. Prior to July 1, 2009, or such
later date as the Securities and Exchange Commission shall state as the
effective date for the amendments to the Rule pursuant to Release No. 34-59062
Attachment number 3
Page 54 of 63
4
(Dec. 5, 2008) (the “Effective Date”), the term “National Repositories” to which
the Issuer shall provide the information described in Sections 2 and 3 above, to
the extent required, shall, mean the following organizations, their successors
and assigns:
(A) Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: 609/279-3225
Fax: 609/279-5962
E-Mail: Munis@Bloomberg.com
(B) FT Interactive Data
Attn: NRMSIR
100 William Street, 15th Floor
New York, New York 10038
Phone: 212/771-6999
Fax: 212/771-7390
E-Mail: NRMSIR@interactivedata.com
(C) Standard & Poor's Securities Evaluations, Inc.
55 Water Street, 45th Floor
New York, New York 10041
Phone: 212/438-4595
Fax: 212/438-3975
E-Mail: nrmsir_repository@sandp.com
(D) DPC Data Inc.
One Executive Drive
Fort Lee, New Jersey 07024
Phone: 201/346-0701
Fax: 201/947-0107
E-Mail: NRMSIR@dpcdata.com
(E) A list of the names and addresses of all designated National
Repositories and SIDs as of any date may currently be obtained by calling the
SEC's Fax on Demand Service at 202/942-8088 and requesting document
number 0206 or by visiting the SEC's website at
www.sec.gov/info/municipal/nrmsir.htm.
Attachment number 3
Page 55 of 63
5
Subsequent to the Effective Date, the term “National Repositories” shall
mean the Municipal Securities Rulemaking Board established pursuant to
Section 15B(b)(1) of the Securities Exchange Act of 1934
SECTION 5. NO EVENT OF DEFAULT. Notwithstanding any
other provision in the Ordinance to the contrary, failure of the Issuer to comply
with the provisions of this Disclosure Certificate shall not be considered an event
of default under the Ordinance; provided, however, any Series 2009 Bondholder
may take such actions as may be necessary and appropriate, including pursuing
an action for mandamus or specific performance, as applicable, by court order, to
cause the Issuer to comply with its obligations hereunder. For purposes of this
Disclosure Certificate, "Series 2009 Bondholder" shall mean any person who (A)
has the power, directly or indirectly, to vote or consent with respect to, or to
dispose of ownership of, any Series 2009 Bonds (including persons holding Series
2009 Bonds through nominees, depositories or other intermediaries), or (B) is
treated as the owner of any Series 2009 Bond for federal income tax purposes.
SECTION 6. INCORPORATION BY REFERENCE. Any or all of
the information required herein to be disclosed may be incorporated by reference
from other documents, including official statements or debt issues of the Issuer
of related public entities, which have been submitted to each of the National
Repositories and the SID, if any, or the SEC. If the document incorporated by
reference is a final official statement, it must be available from the MSRB. The
Issuer shall clearly identify each document incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, from
time to time, appoint or engage a dissemination agent to assist it in carrying out
its obligations under this Disclosure Certificate, and may discharge any such
agent, with or without appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this
Disclosure Certificate shall terminate upon (A) the legal defeasance, prior
redemption or payment in full of all of the Series 2009 Bonds, or (B) the
termination of the continuing disclosure requirements of the Rule by legislative,
judicial or administrative action.
Attachment number 3
Page 56 of 63
6
SECTION 9. AMENDMENTS. Notwithstanding any other
provision of this Disclosure Certificate, the Issuer may amend this Disclosure
Certificate, and any provision may be waived, if such amendment or waiver is
supported by an opinion of counsel that is nationally recognized in the area of
federal securities laws, to the effect that such amendment or waiver would not,
in and of itself, cause the undertakings herein to violate the Rule if such
amendment or waiver had been effective on the date hereof but taking into
account any subsequent change in or official interpretation of the Rule.
SECTION 10. ADDITIONAL INFORMATION. Nothing in this
Disclosure Certificate shall be deemed to prevent the Issuer from disseminating
any other information, using the means of dissemination set forth in this
Disclosure Certificate or any other means of communication, or including any
other information in its annual information described in Section 2 hereof or
notice of occurrence of a significant event described in Section 3 hereof, in
addition to that which is required by this Disclosure Certificate. If the Issuer
chooses to include any information in its annual information or notice of
occurrence of a significant event in addition to that which is specifically required
by this Disclosure Certificate, the Issuer shall have no obligation under this
Disclosure Certificate to update such information or include it in its future
annual information or notice of occurrence of a significant event.
SECTION 11. OBLIGATED PERSONS. If any person, other than
the Issuer, becomes an Obligated Person (as defined in the Rule) relating to the
Series 2009 Bonds, the Issuer shall use its best efforts to require such Obligated
Person to comply with all provisions of the Rule applicable to such Obligated
Person.
Dated as of this day of May, 2009
ATTEST: CITY OF CLEARWATER,
FLORIDA
By: By:
City Clerk Mayor
Attachment number 3
Page 57 of 63
APPENDIX E
FORM OF BOND COUNSEL OPINION
Attachment number 3
Page 58 of 63
APPENDIX F
RATE STUDY
Attachment number 3
Page 59 of 63
APPENDIX G
SCHEDULE OF RATES, FEES AND CHARGES
Attachment number 3
Page 60 of 63
1
Rates, Fees And Charges
The City uses a three-tiered rate structure for water and sewer usage. The base rate includes
a minimum usage for residential and nonresidential water rates. Any usage over the minimum is
billed at one rate per 100 cubic feet up to a designated level and at a second rate for usage over that
level. For irrigation, there is a base rate, with no minimum, and a charge per 100 cubic feet of water
usage up to a designated level and a higher charge for usage over that amount. The sewer base rate
includes a minimum usage and a fixed charge per 100 cubic feet of water usage over the basic
allowance. The minimum usage and second tier usage level vary with the size of the meters. For
fiscal year 2008 there were no changes to the three-tiered rate structure for water or sewer usage.
Effective October 1, 2000 the basis for billing was converted from cubic feet to gallons.
Residential and
Nonresidential Water Rates
October 1,
2004
October 1,
2005
October 1,
2006
October 1,
2007
October 1,
2008
Size of Meter Gallons
Minimum- Under 1 inch 10.59 11.34 12.03 12.75 13.65
1 inch 24.71 26.46 28.07 29.75 31.85
1.5 inch 353.00 378.00 401.00 425.00 455.00
2 inch 822.49 880.74 934.33 990.25 1,060.15
3 or 2 inch manifold 1,267.27 1,357.02 1,439.59 1,525.75 1,633.45
4 inch 2,439.23 2,611.98 2,770.91 2,936.75 3,144.05
6 inch 6,265.75 6,709.50 7,117.75 7,543.75 8,076.25
8 inch 10,590.00 11,340.00 12,030.00 12,750.00 13,650.00
Additional charges are assessed for cubic feet of usage in excess of designated minimums.
Rates for Irrigation (Lawn)
Meters
October 1,
2004
October 1,
2005
October 1,
2006
October 1,
2007
October 1,
2008
Size of Meter Gallons
Minimum- Under 1 inch 3.78 4.04 4.28 4.54 4.86
1 inch 11.34 12.13 12.86 13.63 14.58
1.5 inch 56.70 60.67 64.31 68.17 72.94
2 inch 158.76 169.87 180.06 190.86 200.22
3 or 2 inch manifold 313.74 335.70 355.84 377.19 403.59
4 inch 604.80 647.14 685.97 727.13 778.03
6 inch 1,825.74 1,953.54 2,070.75 2,195.00 2,348.65
Attachment number 3
Page 61 of 63
2
Sewer Rates October 1,
2004
October 1,
2005
October 1,
2006
October 1,
2007
October 1,
2008
Size of Meter Gallons
Minimum- Under 1 inch 14.58 15.60 16.53 17.52 18.75
1 inch 34.02 36.40 38.57 40.88 43.75
1.5 inch 486.00 520.00 551.00 584.00 625.00
2 inch 1,132.38 1,211.60 1,283.83 1,360.72 1,456.25
3 or 2 inch manifold 1,744.74 1,866.80 1,978.09 2,096.56 2,243.75
4 inch 3,358.26 3,593.20 3,807.41 4,035.44 4,318.75
6 inch 8,626.50 9,230.00 9,780.00 10,366.00 11,093.75
8 inch 14,580.00 15,600.00 16,530.00 17,520.00 18,750.00
Per 100 cubic feet of water used over
that allowed in minimum
4.86
5.20
5.51
5.84
6.25
Attachment number 3
Page 62 of 63
APPENDIX H
SPECIMEN MUNICIPAL BOND INSURANCE POLICY
Attachment number 3
Page 63 of 63
Attachment number 4
Page 1 of 6
Attachment number 4
Page 2 of 6
Attachment number 4
Page 3 of 6
Attachment number 4
Page 4 of 6
Attachment number 4
Page 5 of 6
Attachment number 4
Page 6 of 6
Project Title Total
Beach Walk 175,543
Bio Solids Treatment3,431,721
WWTP Generator Replacements2,599,393
WWTP Headworks 5,245,485
WWTP New Presses1,560,000
WWTP Aeration Improvements3,897,000
Liquid Disinfection 825,279
Sanitary Sewer Utility Relocation914,549
Laboratory Facilities Upgade & Improvements570,486
Water Pollution Control R & R2,523,236
Sanitary Sewer R & R9,591,250
WWTP East Bypass & Northeast Pump462,000
Pump Station Replacement3,942,791
Reclaimed Water Distribution System3,400,996
Water Supply - Treatment300,000
Line Relocation Capitalized4,454,952
Meter/Back Flow Prevention Device Changeout530,718
Water Service Lines1,000,000
Elevated Water Tank Upgrades948,128
Telemetry for Wells 227,990
Wellfield Expansion2,582,370
Reverse Osmosis Plant #1 Expansion 4,903,790
Water Quality Monitoring Devices591,745
Reverse Osmosis Plant #25,454,420
60,133,842
2009 Water and Sewer Bond Projects
Attachment number 5
Page 1 of 1
Attachment number 6
Page 1 of 2
Attachment number 6
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Authorize the appropriation of $1,000,000 from Central Insurance fund reserves into project 181-99927 to provide emergency funding
capacity for emergency operations cost in advance of the 2009 hurricane season. (consent)
SUMMARY:
The City is responsible to pay the costs of emergency operations (including repairs and debris clearance) in the event of an emergency,
such as a hurricane. Much of these costs will be reimbursed by insurance, FEMA and/or the State; however, the City must provide
advance funds for these expenses, since reimbursement could take several months.
The city does not budget in each individual fund for these costs and since staff is not authorized to exceed existing budgets, we pay
these costs, if necessary out of project 181-99927. In addition, this project is used to pay the costs of emergency preparation
expenditures including building assessments, generators, and supplies. The amount of funds in this project is currently $1,228,473.
This is below the level that staff feels is necessary to have available in case of emergency. Staff would like to transfer an additional $1
million from the Central Insurance Fund prior to the 2009 hurricane season in order to be adequately prepared financially. These funds
will allow the City to operate in emergency mode until such time as we could get additional appropriations authorized by Council.
A history of the funding and expenditures in this project since 1999 is provided.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
Year Description Revenues Expenses Balance
1998 (5,761.79)
1999FL Dept Community Affairs286,775.00 281,013.21
1999Supplies & Mtls 6,918.19 274,095.02
2000FL Dept Community Affairs2,677.30 276,772.32
Supplies & Mtls 276,772.32
2004Payroll expenses 84,387.76 192,384.56
Debris removal 48,005.40 144,379.16
Supplies & Mtls 48,095.48 96,283.68
2005Central Insurance Funding1,100,000.00 1,196,283.68
FEMA Reimbursement1,674,666.74 2,870,950.42
Payroll expenses (34,024.25) 2,904,974.67
Equip Rental & Debris removal854,239.92 2,050,734.75
Supplies & Mtls 107,660.88 1,943,073.87
Reimburse Central Insurance1,100,000.00 843,073.87
Reimburse General Fund 339,010.37 504,063.50
2006FEMA Reimbursement73,658.49 577,721.99
Central Insurance Funding1,000,000.00 1,577,721.99
Supplies & Mtls 22,491.01 1,555,230.98
Generator & trailer 28,985.00 1,526,245.98
2007Shelter Review 3,896.96 1,522,349.02
Generators 57,395.90 1,464,953.12
2008Engineering Study 47,196.00 1,417,757.12
Supplies & Mtls 23,625.00 1,394,132.12
Generators 73,598.00 1,320,534.12
2009Nortel phone system for EOC92,061.00 1,228,473.12
Emergency Operations Project
Detail Activity 1999 - 2009
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Amend the Community Development Code, Division 11. Public Art and Design Board – Section 5-1103d: Powers and Duties and pass
Ordinance 8026-09 on first reading.
SUMMARY:
· Following discussion at the December 1, 2008 Work Session, City Council resolved to amend the Public Art and Design
Program to include language establishing that the City Council shall be responsible for final approval of all public art installed on city
property, as recommended by the Public Art and Design Board through the Public Art and Design Program.
· Therefore, staff is recommending that the Community Development Code be amended to reflect the Council’s desire to change the
approval process. The additions follow in bold font, appended to the original language for matters of clarity.
Community Development Code:
Division 11. Public Art and Design Board
Section 5-1103 d. Related to City construction projects, in concert with City staff, is responsible for working with appropriate
department in program planning; designating sites; determining project scope and budget; managing the artist selection process;
providing recommendationfor the commission of artworks; approving design, execution and placement of artworks; and overseeing the
maintenance of the artworks and the process for removal of artworks from the City’s public art collection. The Public Art and Design
Board will review proposed artwork and prepare a recommendation for commission subject to review and approval by City
Council. Approvals for purchase are then guided by City purchasing requirements.
· Public Art and Design Program Guidelines were amended by the Public Art and Design Board on January 20, 2009.
· The Community Development Board at their March 17, 2009 meeting unanimously recommended approval of the proposed
amendments.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Public Art and Design Program Guidelines August 7, 2006
City of Clearwater Public Art and Design Program
Page 1
PUBLIC ART AND DESIGN GUIDELINES
CITY OF CLEARWATER
These guidelines have been developed by the Public Art and Design Board in cooperation
with the Cultural Affairs staff with the purpose of establishing procedures for the
implementation of the Public Art and Design Program.
1.0 BACKGROUND
On October 6, 2005, the City of Clearwater passed Ordinance NO. 7489-05 establishing a
public art requirement on eligible City capital improvement projects of $500,000 or more
and private development projects with an aggregate job value of at least $5 million.
Developers may either allocate 1 percent of their construction costs for an on-site public
art project or they may contribute 0.75 percent to a City Public Art and Design Fund.
There is a maximum required art expenditure of $200,000. The ordinance becomes
effective October 1, 2006.
2.0 PURPOSE
Public art contributes significantly to economic vitality by improving the quality of the
environment and fostering a positive community identity. Artists can be valuable
members of planning or design teams and resources in the revitalization of
neighborhoods and redevelopment areas. The purpose of the Public Art and Design
Program is to enhance Clearwater for those who live and visit here and contribute to a
legacy for generations to come.
3.0 GOALS AND OBJECTIVES
The City of Clearwater’s Public Art and Design Program is committed to the highest
artistic standards and to the broadest involvement of artists and citizens. Specifically, the
Public Art and Design Program seeks:
3.1 To encourage the creation of quality public works of art throughout
Clearwater by locally, regionally, nationally, and internationally
recognized artists;
3.2 To promote tourism and the economic vitality of the City through the
enhancement of public spaces;
3.3 To integrate the work of artists into the design of eligible City and private
development projects;
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3.4 To increase opportunities for citizens and artists to participate in the
design and appearance of our city;
3.5 To enhance the climate for artistic creativity in Clearwater.
4.0 DEFINITIONS
4.1 Accession: The procedure used to accept and record artwork as part of the
City’s public art collection.
4.2 Acquisition: The accession of an artwork into the City’s public art collection,
whether by commission, purchase, gift or other means.
4.3 Affordable Housing: Housing development, which is supported in whole or
part with funds from the Housing Division of the City’s Economic
Development and Housing Department.
4.4 Aggregate Job Value: The total of all construction costs associated with a
particular site plan project, regardless of the number of permits associated
with the project, or whether it is a phased project. Construction costs include
all labor, structural materials, plumbing, electrical, mechanical, infrastructure,
and site work.
4.5 Annual Public Art and Design Plan: A plan that outlines the expenditure of
funds from the Public Art and Design Fund for the fiscal year. This Plan
coincides with capital improvement project planning and budgeting and is
submitted for City Council approval. The Plan identifies projects and
recommends the public art process.
4.6 Artist: A practicing fine artist, generally recognized by critics and peers as a
professional of serious intent and ability. Indications of a person’s status as a
professional artist include, but are not limited to, income realized through the
sole commission of artwork, frequent or consistent art exhibitions, placement
of artwork in public institutions or museums, receipt of honors and awards,
and training in the arts.
4.7 Artwork: Tangible creations by artists exhibiting the highest quality of skill
and aesthetic principles and includes all forms of visual art conceived in any
medium, material, or combination thereof, including paintings, sculptures,
statues, engravings, carvings, frescos, stained glass, mosaics, mobiles,
tapestries, murals, photographs, video projections, digital images, bas-relief,
high relief, fountains, kinetic, functional furnishings such as artist designed
seating and pavers, architectural elements designed by an artist, and artist
designed landforms or landscape elements.
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4.8 Cultural Affairs Staff: Employees assigned to the Cultural Affairs Division
within Parks & Recreation Department.
4.9 Deaccession: The procedure followed to remove an artwork from the
public art collection.
4.10 Design Team: The collaborative team that includes, but is not limited to,
an artist and at least one other design professional, such as an architect,
landscape architect, or engineer.
4.11 Design Professional: A practicing design professional, such as an
architect, landscape architect, or engineer, generally recognized by critics
and peers as a professional of serious intent and ability.
4.12 Eligible City Capital Improvement Projects: Projects included in the
approved Clearwater Capital Improvement Program, commencing with the
City’s Fiscal Year budget, for any new facility construction or renovation
projects equal to or greater than $500,000, including but not limited to
buildings, greenways, roads, parking facilities, bridges or other above-
ground projects. Specifically excluded from this definition are street
resurfacing, major drainage, wastewater, below-grade utilities, annual
repair and replacement projects and any other project where the funding
source is restricted from being used for the purchase of public art.
4.13 Maintenance Account: An account created for the maintenance and
repair of artworks within the City’s public art collection. Ten percent of
all non-restricted Public Art and Design Program funds that are applied to
City owned public art projects are deposited into this account.
4.14 Publicly Accessible: Locations that are open to the general public during
normal business hours (9-5 pm) and must be able to view the artwork 24
hours a day.
4.15 Public Art: Artwork that is accessible to the public and created through a
public process that considers the social and physical context of the site and
addresses the goals of the Public Art and Design Program.
4.16 Public Art Collection: Artwork acquired by the City through
commission, purchase, gift, or other means.
4.17 Public Art and Design Fund: A separate accounting of monies received
for the Public Art and Design Program consisting of funds received from
eligible City capital improvement projects; private development; funds
donated to the City for public art; and other funds allocated by the City
through the budgetary process.
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4.18 Public Art and Design Board: The seven-member board appointed by
the City Council to administer the Public Art and Design Program.
4.19 Public Art and Design Program: The program created through
Ordinance NO. 7849-05 requiring that 1 percent of the construction
budget of eligible City capital improvement projects be allocated for
public art. Private development projects with an aggregate job value of at
least $5 million must also participate. Developers may allocate 1 percent
of their construction costs for an on-site public art project or they may
contribute 0.75 percent to a Public Art and Design Fund. There is a
maximum required art expenditure of $200,000.
4.20 Public Art and Design Master Plan: A master plan established by the
Public Art and Design Board in cooperation with City staff. This plan will
establish criteria, policies, and priorities for the Public Art and Design
Program. The Public Art and Design Master Plan is subject to City
Council approval and shall be periodically reviewed.
4.21 Public Art Selection Panel: The individuals appointed by the Public Art
and Design Board to recommend artists and propose artwork for a public
art project. Generally includes artists, design professionals, arts
administrators, and community or project stakeholders.
4.22 Public Art Specialist: A staff member of the Cultural Affairs Division
within Parks & Recreation Department that administrates the Public Art
and Design Program.
4.23 Renovation Projects: Projects requiring a City building permit where
50% or more of the building footprint is being modified, rebuilt or
improved by construction.
5.0 PROGRAM ADMINISTRATION AND RESPONSIBILITIES
5.1 The Clearwater City Council shall:
5.1.1 Appoint members to the Public Art and Design Board;
5.1.2 Approve agreement and contract forms for use in acquisition of
artwork and design services;
5.1.3 Review and approve recommendations from the Public Art and
Design Board for public art installations on city property.
5.1.4 Review and approve the Public Art and Design Master Plan;
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5.1.5Approve Annual Public Art and Design Plan and expenditures
through the annual budget review process.
5.2 The Cultural Affairs Staff shall:
5.2.1 Administer or hire a consultant to administer the provisions
relating to artwork acquisition and display;
5.2.2 Facilitate meetings and communication of the Public Art and
Design Board and Public Art Selection panels;
5.2.3 Develop and maintain a list of potential Public Art Selection
Panelists;
5.2.4 Develop and maintain a registry of artists;
5.2.5 Create and submit project summary for call to artists;
5.2.6 Negotiate and administrate contracts with artists with review by
City Attorney’s office;
5.2.7 Maintain records and documentation of work accessioned into the
public art collection;
5.2.8 Oversee maintenance and conservation of artworks, including the
development of regular surveys of the condition of the public art
collection;
5.2.9 Coordinate community participation and public education aspects
of the public art process;
5.2.10 Facilitate and provide collateral materials, marketing, and
promotional aspects of projects;
5.2.11 Review proposed gifts or long-term loans of artwork, and when
appropriate, submit proposals to the Public Art and Design Board
for approval;
5.2.12 Oversee the process of deaccessioning artworks from the public art
collection;
5.2.13 Facilitate a program evaluation process.
5.3 The City Department with an eligible capital improvement project shall:
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5.3.1 Provide the Cultural Affairs Staff with information on the capital
improvement program, budgets and schedules;
5.3.2 Designate a departmental representative to participate in the artist
selection process, when appropriate;
5.3.3 Provide contact information on the project architect of a capital
improvement project to the Public Art Specialist. When
appropriate, the project architect may be invited to help review the
development of a public art project scope and the selection of the
project artist.
5.4 The Public Art and Design Board, as provided in the Ordinance shall:
5.4.1 Develop guidelines, selection procedures and organizational
policies to facilitate the Public Art and Design Program;
5.4.2 Prepare the Public Art and Design Master Plan in concert with City
staff to establish criteria, policies, and priorities for the Public Art
and Design Program;
5.4.3 Prepare an annual Public Art and Design Plan in concert with City
staff for the expenditure of public and private monies in the Public
Art and Design Fund for approval by the City Council during the
annual budget review process;
5.4.4 Related to City construction projects, in concert with City staff, is
responsible for working with appropriate department in program
planning to designate sites; determine project scope and budget;
manage the artist selection process;make recommendations to the
City Council for public art installations on city property; approve
design, execution and placement of artworks; and oversee
maintenance of the artworks and the process of deaccessioning
artworks from the City’s collection;
5.4.5 Related to private development projects, assist the private
developer, in concert with City staff, with the artist selection
process if requested;
5.4.6 Review the project and its Public Art Plan to ensure that it meets
the Public Art and Design Program requirements prior to issuance
of occupational certificate;
5.4.7 Recruit professionals in the visual arts and design fields to serve in
the artist selection process;
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5.4.8 Approve the members of all Public Art Selection Panels;
5.4.9 Review and approve recommendations by the Public Art Selection
Panel;
5.4.10 Reserve the right to reject the work recommended by the Public
Art Selection Panel;
5.4.11 Review artworks for acceptance, prior to final payment to insure all
requirements of the artist contract have been met;
5.4.12 Encourage appropriate community participation in this process and
public education activities;
5.4.13 Coordinate, investigate, review and recommend to the City
Council other means by which artworks may be obtained;
5.4.14 Develop and administer the City’s Gift Policy for public artwork
and the Deaccession Policy for public art;
5.4.15 May adopt such rules of procedure as the Board finds necessary,
which shall not be in conflict with State law or ordinances of the
City;
5.4.16 Periodically review ordinance, guidelines, and policies and if
needed recommend changes to the City Council.
Public Art and Design Board Composition
As provided in Ordinance NO. 7489-05, the Public Art and Design Board shall
consist of seven (7) members who shall be appointed by the City Council. Each
member of the Public Art and Design Board shall be appointed for a term of four
(4) years, and no members shall serve more than two (2) consecutive terms. In
2006, four (4) members will be appointed to serve for a four (4) year term, and
three (3) members for a three (3) year term. Whenever a vacancy shall occur, a
successor shall be appointed in like manner to serve for the remainder of such
term.
The Board shall be composed of the following members:
One (1) Clearwater Arts Foundation member;
One (1) Pinellas County Arts Council staff, or designee;
One (1) architect, landscape architect, urban planner, or related design
professional who is a City resident;
One (1) active professional artist who is a City resident;
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Three (3) private citizens who are City residents and are knowledgeable in the
field of public art, education, or community affairs.
5.5 The Public Art Selection Panel shall:
5.5.1 Be chaired by a Public Art and Design Board member;
5.5.2 Review the credentials, prior work, proposals and other materials
submitted by artists for the project;
5.5.3 Approve all selections by a majority vote or consensus;
5.5.4 Reserve the option of making no selection from submitted
applications and may reopen the competition or propose other
methods of selection if no proposal is accepted.
5.5.5 Recommend to the Public Art and Design Board an artist or artists
to be commissioned for the project, or who will be engaged to join
the design team for the project, or whose existing work is to be
purchased for the project;
5.5.6 Report Public Art Selection Panel recommendations to the Public
Art and Design Board, outlining how the selection of the artist(s)
was conducted and how the proposed artwork meets the criteria for
the project;
5.5.7 Be sensitive to the public nature of the project, the values of the
community, and the necessity for cultural diversity in the public art
program.
Public Art Selection Panel Composition
Each Public Art Selection Panel shall be appointed by the Public Art and Design
Board, and shall serve for the duration of the selected project. The composition of
each Public Art Selection Panel will depend on the nature of each project and site.
However, the Public Art Selection Panel shall be composed of not less than five
(5) voting members, including at least:
One (1) member of the Public Art and Design Board;
Two (2) artists or arts professionals (designer, curator, collector, public art
administrator, etc.);
One (1) representative from the City Department at which the project will be
located;
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One (1) representative from the community.
The Public Art Selection Panel may also include one or more non-voting advisors
deemed appropriate by the Public Art and Design Board or the Cultural Affairs Staff.
5.6 The Artist(s) shall:
5.6.1 Submit credentials, visuals, proposals and/or project materials as
directed for consideration by the Public Art Selection Panel;
5.6.2 Conduct necessary research, including attending project
orientations and touring project sites, when possible;
5.6.3 If selected, execute and complete the artwork or design work, or
transfer title of an existing artwork, in a timely and professional
manner;
5.6.4 Work closely with the project manager and/or other design
professionals associated with the project;
5.6.5 Submit to the Public Art and Design Board, or to the Public Art
Specialist, as appropriate, any significant changes in the scope of
the project, color, material, siting or design of the approved work;
5.6.6 When appropriate (as defined within each project contract), make
public presentations, conduct community education workshops, or
do a residency at an appropriate time and forum in the community
where the artwork will be placed.
5.7 Conflicts of Interest
5.7.1 Artists (or members of their immediate families) serving as
members of the City Council, Cultural Affairs Staff, or Public Art
and Design Public Art and Design Board may not be
commissioned under, or receive any direct financial benefit from
any City public art project during the term of their tenure on the
Public Art and Design Board or Public Art Selection Panel. This
restriction shall extend for a period of one year following Public
Art and Design Board membership and shall extend indefinitely
for any specific projects that were reviewed or otherwise acted
upon during the artist(s)’s membership on the Public Art and
Design Board. An artist(s) serving on a Public Art Selection Panel
may not be considered for that project, but may be eligible for
other projects. Any participation in Clearwater’s public art
processes requires that staff, members of the Public Art and Design
Board and their advisors and representatives, and panel must
declare any direct or indirect benefit to themselves, or their
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respective employers, partners, families or associates which may
arise from the City’s acquisition or deaccession of any public
artwork or related activities, and will be required to remove
themselves from such processes.
5.7.2 Artist Restrictions:
Members of the project management, project architect or
consulting firms, and employees of the City of Clearwater are
ineligible for selection as the project artist(s). An artist is
precluded from having his/her work considered for public art
commission or project while serving on a Public Art Selection
Panel or Public Art and Design Board.
6.0 SELECTION OF ARTISTS
Selecting the appropriate artists, whether to create a discreet artwork or to
participate in a design collaboration, is the single most important decision in the
public art process. Special care must be taken in all aspects of artist selection in
order to ensure the best possible public art project, taking into account the goals
of the project, the community served, the nature of the site, and the other
members of the design team.
6.1 The Public Art and Design Board will review eligibility requirements for
each project.
6.1.1 Artists will be selected on the basis of their qualifications as
demonstrated by past work, appropriateness of the proposal to the
particular project and its probability of successful completion.
6.1.2 Specifically excluded are artworks done by students under the
supervision of art instructors or done to satisfy course
requirements; artworks by the design architect (or other relevant
professionals or members of the project design firm); artworks by
City employees, and works by artists who are members of, or
related to, staff or members of theCity Council, Cultural Affairs
Division, Public Art and Design Board, or the Public Art Selection
Panel for the project.
6.1.3 In general, selection of artists will be without regard to race,
gender, religion, ethnicity, or disability.
6.1.4 Typically, selections will involve commissioned work by living
artists. In general, the purchase of existing works will not be
considered, unless there are extraordinary circumstances that make
this approach advisable for a particular project.
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6.2 Methods for Selecting Artists
6.2.1 Open Competition (Request for Qualifications or Request for
Proposals): An open competition is a “Call to Artists” for a
specific project in which artists are asked to submit evidence of
their past work. Any artist may submit credentials and/or
proposals, subject to limitations established by the Public Art and
Design Board.
6.2.2 Limited Competition: A limited number of artists shall be invited
by the Public Art and Design Board or Public Art Selection Panel
to submit credentials and/or proposals for a specific project.
Artists shall be invited based on their past work and exhibited
abilities to meet situations posed by particular project goals.
6.2.3 Direct Selection: At times, the Public Art and Design Board or
Public Art Selection Panel may elect to make a direct selection in
which they contact a specific artist for a particular project.
6.2.4 Mixed Process: A mixed process includes any combination of the
above approaches, including a Design Team approach.
6.3 Criteria for Selection of Artworks
6.3.1 Eligible Artwork
Includes all forms of visual art conceived in any medium, material,
or combination thereof:
a. Sculpture: Freestanding, wall supported or suspended, statues,
kinetic, electronic or mechanical in material or combination of
materials;
b. Murals or portable paintings: In any materials or variety of
materials, with or without collage or the addition of
nontraditional materials and means, including engravings,
carvings, tapestries, and frescos murals;
c. Earthworks, neon, glass, mosaics, photographs, prints,
calligraphy, or any combination of forms of media, including
sound, film, holographic, and video systems or projections,
digital images, mobiles, hybrids of any media and new genres;
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d. Fixtures such as grates, street lights, signage, functional
furnishings (ex. designed seating and pavers), fountains,
landscape elements, architectural elements and other design
enhancements as rendered by an artist(s) for unique or limited
editions;
e. Temporary1 or permanent artworks;
f. Similar amenities as determined by the Public Art and Design
Board.
6.3.2 Ineligible Artwork
The following costs may not be expended for fulfilling public art
requirements:
a. Directional elements, except where these elements are integral
parts of the original work of art, designed and/or executed by
an artist(s);
b. “Art objects” which are mass-produced of standard design such
as playground equipment, fountains, or statuary objects;
c. Reproductions, by mechanical or other means, of original
works of art, except in cases of film, video, photography,
printmaking or other media arts;
d. Decorative, ornamental, or functional elements that are
designed by the project architect, landscape architects or their
consultants;
e. Landscape architecture and landscape gardening, except where
the artist(s) designs these elements and/or are an integral part
of the work of art by the artist.
6.4 Site and Artwork Selection Criteria
Projects and acquisitions of artwork should further the purpose and goals
of the Public Art and Design Program.
6.4.1 Site Selection Criteria
1 Temporary artworks are not eligible fulfillments of the public art requirements for private developers, as
per Ordinance 7498-05: “The developer may contract with a professional artist(s) to create a permanent
public artwork as part of the development project.”
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Artwork sites for public projects are selected for aesthetic
possibilities, maximum visibility and accessibility to the public and
safety. Particular attention will be given to:
a. prominent facades, major intersections, corridors and entrances
to the City of Clearwater;
b. complements to existing public artworks or public amenities in
the local area, or fulfillment of a need identified in the
community.
6.4.2 Selection criteria for Artists and Artwork
The Public Art Selection Panel will apply the following criteria
when selecting artists and artwork:
a. Artistic Merit: Excellence of craftsmanship, originality and
strength of concept and design, and integrity of materials used.
b. Artist’s Relevant Experience: Experience and professional
record of artist(s) should provide convincing evidence of
ability to successfully complete the project as proposed,
including:
i. Ability to execute and complete a project in a timely
and professional manner.
ii. Manage all aspects of the project including budgets,
boards, sub-contractors, installers and other
construction and administrative logistics.
iii. Engage community representatives in a project;
iv. Flexibility and problem-solving skills;
v. Ability to work effectively in collaborative situations;
vi. Work with architectural drawings and construction
documents;
vii. Communicate effectively and elicit the ideas of team
members.
c. Budget: Adequate to cover all costs for the design, fabrication,
insurance, transportation, storage, and installation of the
proposed artwork, plus reasonable unforeseen circumstances.
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d. Context: Compatible in scale, material, form, and content with
its surroundings including: the architectural, historical,
environmental, geographical and socio-cultural context of the
community, as well as the way people may interact with the
artwork.
e. Diversity: Artwork should represent diversity in style, scale,
media and geographic distribution throughout the City of
Clearwater.
f. Durability of Materials: For permanent works of art,
consideration should be given to the structural and surface
soundness, inherent resistance to theft, vandalism, weathering,
and excessive operational, maintenance or repair costs.
g. Feasibility: The proposal is appropriate to the particular
project and its probability of successful completion.
h. Maintenance: Artist(s) should include recommended method
and schedule for maintenance. It will be the policy of the
Public Art and Design Program to encourage the design of
public art that will require limited maintenance.
i. Public Safety: Work and worksite shall be evaluated to ensure
that it does not present a hazard to public safety.
j. Timeline: A project timeline should incorporate design review,
fabrication, delivery and installation in accordance with project
schedule.
7.0 COLLECTION MANAGEMENT, MAINTENANCE, AND
CONSERVATION
7.1 Project Identification, Documentation & Registration
7.1.1 A plaque stating the artist’s name and artwork title shall identify
each artwork and the date it was dedicated. The plaque will be
placed in an appropriate location near the artwork that can be
easily viewed by pedestrians.
7.1.2 All projects must be fully documented including artist, media,
methods of construction and installation, along with project
maintenance details, which will be registered in the City’s Public
Art Collection.
7.2 Maintenance and Conservation
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7.2.1 Routine maintenance of public art located on City of Clearwater
property will be the responsibility of the City Department that
maintains the facility and/or site where the art is located.
Suggested maintenance will be outlined in the artist’s contractual
agreement. The City Department must notify the Public Art
Specialist or Cultural Affairs Staff immediately if an artwork is
damaged or stolen, or if the City Department plans to move the
artwork or in any way alter its site.
7.2.2 Annually, a Cultural Affairs Staff member will survey the
condition of all public art located on City property. A condition
report with prioritized recommendations for the restoration or
repair of artwork and estimated costs for conservation projects will
be included in the Annual Public Art and Design Plan. The City
shall retain the right to deaccession any work of art acquired by the
City, regardless of the source of funding for the particular artwork
through its deaccession policies and procedures.
7.2.3 Cultural Affairs Staff will contact the artist when possible for
recommendations prior to engaging in conservation efforts. A
professional art conservator or person(s) trained by a conservator
may be consulted or hired to provide maintenance and
conservation work for the public art collection.
7.3 Relocation of Works of Art
While it is the intent that site-specific works will remain in the site for
which they were created, the Public Art and Design Board reserves the
right to relocate pieces if circumstances dictate. Works of art that are part
of a rotating collection may be relocated throughout City facilities at the
discretion of the Public Art and Design Board.
8.0 DEACCESSION
The Public Art and Design Board as provided in Ordinance NO. 7489-05 Section 5-
1103(d) shall oversee the process for removal of artwork from the City’s public art
collection. The Board will follow the process outlined in the City’s Deaccession Policies
and Procedures.
9.0 OWNERSHIP AND ACCEPTANCE
All contracts for artwork that will be acquired or accepted for ownership by the City must
be reviewed by the City Attorney’s Office. Ownership of all works of art acquired on
behalf of the City shall be vested in the City, which shall retain title to each work of art.
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10.0 PRIVATE DEVELOPMENT PROJECTS
10.1 It is the desire of the City of Clearwater that public art be incorporated into
new development projects in accordance with the guidelines set forth in
this section.
10.1.1 The following development projects are required to implement a
publicly accessible art project:
10.1.2 New construction of, or Renovation Projects related to
commercial, industrial, mixed-use projects and developments, and
residential projects and developments, any of which equal or
exceed an Aggregate Job Value of at least $5 million ($5,000,000).
10.1.3 If renovations affect multiple structures on a project site, which
may be permitted separately, the Aggregate Job Value is based on
the construction valuation of all permits for that site.
10.2 The following projects are exempt from the publicly accessible art
expenditure requirement:
10.2.2 Projects with an Aggregate Job Value under $5 million;
10.2.3 Residential developments of new construction for
affordable housing.
10.2.4 Eligible projects pending approval for a building permit
that have submitted a complete application prior to October
1, 2006, provided that:
a. The application is approved within six (6)
months of the date of application.
b. Construction begins within six (6) months of the
issuance of such approval and is diligently
pursued to completion.
10.3 When a project is subject to the requirement of a public art
allocation, the developer shall have two options:
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10.3.1 The developer may contract with a professional artist to
create a permanent public artwork as part of the
development project. Artworks must be located in
publicly accessible locations.
a. If desired, support will be available from both
City staff and the Public Art and Design Board
to assist in the selection of an artist. A
professional arts consultant may also be retained
to assist in the selection of artists or to manage
the project.
b. Before contracting with the artist, the property
developer will submit for approval by the Public
Art and Design Board a Public Art Plan that
includes: the artist qualifications, the artist’s
proposal, a statement of how the project satisfies
the parameters of the Public Art and Design
Program, and a budget reflecting that the
allocation of funds required by the Public Art
and Design Program has been met.
c. Eligible media and forms of public art may
include amenities such as streetscapes, paving
treatments, architecturally integrated water
features as well as mosaics, murals, stained
glass, sculpture, as well as traditional artwork.
d. Eligible costs that may be charged against the
required public art expenditure include:
i. Artist costs for design and/or fabrication
including materials, insurance, permits,
taxes, site preparation, etc;
ii. Pedestals, foundations or other structures
to support the artwork;
iii. Delivery, and installation;
iv. Art consultant fees;
v. Acknowledgement/ identification
plaque;
vi. Other appropriate costs as approved by
the Public Art & Design Board
e. Prior to the issuance of the building permit, the
developer must allocate 1% of the Aggregate
Attachment number 1
Page 17 of 20
Public Art and Design Program Guidelines August 7, 2006
City of Clearwater Public Art and Design Program
Page 18
Job Value of the project for the completion and
acceptance of the public art project by the
Public Art and Design Board.
f. The artwork must be completed or
commissioned before a certificate of occupancy
will be issued.
g. Unless extended by the Public Art and Design
Board, the developer has six months following
the issuance of certificate to install the artwork.
If this deadline is missed, escrow account will
be deposited in the City’s Public Art and Design
Fund for fulfillment of the public art
requirement.
10.3.2 In lieu of an on-site project, a developer may contribute
0.75% of the Aggregate Job Value to the City’s Public
Art and Design Discretionary Fund. This in lieu fee
must be paid prior to the issuance of a building permit.
The developer will have no responsibility to install
artwork.
10.4 Guidelines for the Selection and Installation of Art in Private
Development Projects
10.4.1 The developer may use any of the art selection methods
listed in 6.2 Methods for Selecting Artists.
10.4.2 The selected artist should be outside the normal project
team (i.e. project architect, landscape architect, or
engineer.)
10.4.3 Site-specific artwork is encouraged. Ideally, the artist
should be involved in the development project at the
conceptual stage.
10.4.4 The selection of a site is as important as the selection of
the artist. Often, high quality artworks fail in public
situations because they are of an improper scale for
their assigned location, hidden by an architectural
feature, situated in an unused site, or improperly lit.
Developers are encouraged to consult artists in the
Attachment number 1
Page 18 of 20
Public Art and Design Program Guidelines August 7, 2006
City of Clearwater Public Art and Design Program
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selection of sites for their artwork and in arranging for
proper lighting at the site.
10.4.5 Exterior sites are encouraged for maximum public
access.
10.4.6 All installations of artwork should have a plaque of
durable metal adjacent to the artwork listing: the title of
the artwork, the artist’s name, and the date completed.
10.4.7 All financial arrangements are negotiated between the
developer and the artists.
10.4.8 It is recommended the applicants consider hiring a
public art consultant to facilitate the process. The cost
of the consultant is considered an eligible expense in
the calculation of the required value (cost) for the
public art project. An experienced public art consultant
is the best assurance of implementing a successful
public art project. The consultant should be available
to: work with City staff, advise on artist resources, art
and site compatibility, and on all technical aspects of
the project such as contracts, copyright requirements,
installation and maintenance.
11.0 ARTWORK OWNERSHIP AND MAINTENANCE
11.1 Upon installation, the property owner of the site or building maintains
ownership and retains title to each work of art and is responsible for
maintenance and conservation.
11.2 If the property is sold, the seller may:
11.2.1 Either include restrictions in the deed that require maintenance of
the artwork and prevent its removal from the property;
11.2.2 Remove the artwork and make a contribution to the Public Art and
Design Fund in an amount equal to 0.75% of the initial Aggregate
Job Value.
11.3 If the title is passed to a subsequent owner, and, as a result, a deed
restriction exists as to the artwork, the subsequent owner shall maintain
the artwork in accordance with applicable law or other established
guidelines.
Attachment number 1
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11.4 The artwork cannot be altered, modified, relocated or removed other than
as provided herein without the prior approval of the Public Art and Design
Board.
11.5 Property owners should be aware of the Visual Rights Act (VARA), a
section of the Federal Copyright Legislation. Among other provisions,
this law forbids the willful destruction of a work of visual art. See United
States Code Annotated, Title 17. Copyrights, Chapter 1 – Subject Matter
and Scope of Copyright, Current through P.L. 105-153, approved 12-17-
97.
11.6 Property owners will be required to maintain the work of art in
good condition in the approved location, as required by law or other
applicable guidelines, including, but not limited to normal code
enforcement rules to ensure that proper maintenance is provided.
11.7 The owner may request that the artwork be removed from the site
due to hardship with the approval of the Public Art and Design Board. In
addition, in the event there is a condition that occurs outside the
reasonable control of the owner such as an Act of God, then this provision
may be implemented with the approval of the Public Art and Design
Board.
11.8 The developer will receive formal recognition as a participant in the City’s
Public Art and Design Program, which can be used in promotions or
marketing for the development project.
12. GIFTS, LOANS, MEMORIALS
As provided in Ordinance NO. 7489-05 Section 5-1103(h), the Public Art and Design
Board will coordinates, investigates, reviews and recommends to the City Council other
means by which artworks may be obtained, including donations to the Public Art and
Design Program, and grant applications for public art projects. The Board will follow the
process outlined in the City’s Gift, Loans, and Memorials Artwork Policy.
Attachment number 1
Page 20 of 20
ORDINANCE NO. 8026-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT
CODE, DIVISION 11, PUBLIC ART AND DESIGN BOARD,
SECTION 5-1103, POWERS AND DUTIES; PROVIDING
THAT THE PUBLIC ART AND DESIGN BOARD SHALL
MAKE RECOMMENDATIONS TO THE CITY COUNCIL
FOR THE COMMISSION OF PUBLIC ARTWORK AS
REQUIRED IN THE COURSE OF THE CONSTRUCTION
OF CITY CAPITAL IMPROVEMENT PROJECTS;
FURTHER PROVIDING THAT THE CITY COUNCIL SHALL
PROVIDE FINAL APPROVAL OF SUCH COMMISSION OF
ARTWORK; PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Clearwater Ordinance No. 7489-05, adopted October 6,
2005, established a Public Art and Design Program and authorized the allocation of
certain funds in the construction and renovation of eligible city building projects; and
WHEREAS, Ordinance No. 7489-05 (“Ordinance”) also established a Public Art
and Design Board (“Board”) to administer the Public Art and Design Program, including
the authority to commission public artwork as required under the Ordinance in the
construction and renovation of Eligible City Capital Improvement Projects (“City
Projects”) as defined therein; and
WHEREAS, the City Council of the City of Clearwater now deems it to be in the
best interest of the public for the City Council to review recommendations by the Board
and provide final approval for the commission of artwork required under the Ordinance
for City Projects; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWTER, FLORIDA:
Section 1. Division 11, Public Art and Design Board, Section 5-1103(d) is hereby
amended to read as follows:
Related to City construction projects, in concert with City staff, is responsible for working
with appropriate department in program planning; designating sites; determining project
scope and budget; managing the artist selection process; providing recommendation for
the commission of artworks; approve design, execution and placement of artworks; and
overseeing maintenance of the artworks and the process for removal of artworks from
the City’s public art collection. The Public Art and Design Board selects the artwork will
review proposed artwork and prepare a recommendation for commission subject to
review and approval by City Council. Approvals for purchase are then guided by City
purchasing requirements.
Section 2. This ordinance shall take effect immediately upon adoption.
Attachment number 2
Page 1 of 2
Ordinance No. 8026-09 2
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
_______________________________ _____________________________
Laura Mahony Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Amend, repeal and renumber specified articles of Chapter 25, Code of Ordinances, relating to taxicabs and other public transportation
carriers, amend Sections XIII and XXVIII of Appendix A and pass Ordinance 8060-09 on first reading.
SUMMARY:
· Articles II and III of Chapter 25, Code of Clearwater, regulate the operation of taxicabs and public conveyances in Clearwater;
and Section XIII of Appendix A contains provisions authorizing the Clearwater Police Department to collect fees for inspecting taxicabs
and public conveyances and issuing permits.
· Changes in the business environment and in the development of regional taxi and transportation systems have rendered many of
the provisions in Articles II and III of Chapter 25, Code of Clearwater, obsolete.
· The Clearwater Police Department no longer has the resources to conduct physical inspections of taxicabs and public
conveyances.
· No other municipality in the Tampa Bay area conducts physical inspections of taxicabs and public conveyances.
· The State Department of Agriculture is responsible for conducting inspections and certifying the accuracy of the taximeter.
· There are currently no major taxicab companies operating with a business address within the City of Clearwater.
· A 2008 audit by the City Auditor found that the expenses to administer a taxicab and public conveyance inspection and permit
process currently exceed the revenue generated by the fees.
· Based on the above, approval is requested to repeal Articles II and III and renumber Article IV as Article II and to amend Section
XIII and Section XXVIII of Appendix A to read as noted in the proposed Ordinance 8060-09.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Reappoint C.W. “Bill” Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Plan. (consent)
SUMMARY:
· In keeping with the provision of Florida Statute 185.05, which states in part… “The fifth member shall be chosen by a majority of
the previous four members, and such person’s name shall be submitted to the legislative body of the municipality. Upon receipt of the
fifth person’s name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member…”
· At a meeting of the Board of Trustees held on December 12, 2008, C.W. “Bill” Renfroe agreed to serve another full two-year term
as Trustee. Mr. Renfroe is a Clearwater police officer with more than eleven (11) years experience and has agreed to serve for the term
February 1, 2009 to February 1, 2011.
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Award a contract (Blanket Purchase Order) to McMullen Oil Company, Inc. of Clearwater, FL for an amount not to exceed $2,850,000
for the purchase of unleaded and diesel fuel for City Motorized equipment as per Transport award of City of Clearwater RFP 12-05
during the contract period May 1, 2009 through April 30, 2010 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This blanket purchase order covers the purchase of unleaded and diesel fuel delivered to the City fuel facility located at the Solid Waste
compound on Hercules Ave. This fuel is used for all City equipment.
The is the 5th year of a 5 year contract.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$2,500,000 Annual Operating Cost:
Not to Exceed:$2,850,000 Total Cost:$2,500,000
For Fiscal Year:5/1/08 to 4/30/09
Appropriation Code Amount Appropriation Comment
566-06611-550500-519-000 $2,850,000 BPO
Bid Required?:Yes Bid Number:
City of
Clearwater
RFP #12-
05
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Solid Waste/General Support Services 3) Office of Management and Budget 4) Solid
Waste/General Support Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Purchasing 9) Clerk 10) Assistant City
Manager 11) Clerk 12) City Manager 13) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Kenworth of Central Florida in the amount of $232,872 for the purchase of one 2009 Autocar
ACX64 Cab and Chassis with Labrie 29yd Automizer Side Loader Body in accordance with Sec. 2.564(1)(d), Code of Ordinances -
other governmental bid, authorize lease purchase under the City's master lease agreement, authorize Risk Management to send a check
to Fleet Maintenance in the amount of $45,757 (Appraised Value) as settlement of the insurance claim, declare G2562 surplus to the
needs of the City and sell remaiing scrap material to the highest bidder and authorize the appropriate officials to execute same. (consent)
SUMMARY:
G2562's cab and engine area was destroyed by a fire that started in the engine compartment. Some of the body mechanisms can be
salvaged and used on other Solid Waste trucks. The remainder of the truck is a total loss. The current market value of this truck is
$45,757.00.
This truck will be purchased through the Florida Sheriff's Association & Florida Association of Counties Contract 08-16-0908.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$48,437 Annual Operating Cost:$63,288
Not to Exceed:Total Cost:$232,872
For Fiscal Year:2007 to 2008
Appropriation Code Amount Appropriation Comment
0316-94234-564100-519-
000-0000
$232,872.00L/P CIP
Review
Approval:
1) Purchasing 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve the Cooperative Funding Agreement (L703) in the amount of $412,875 with the Southwest Florida Water Management
District (SWFWMD) and Pinellas County to share the cost of implementation of the Allen's Creek Channel Improvement project and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
This agreement (L703) was previously approved at the August 21, 2008 council meeting, but has since been revised due to the Pinellas
County design and bidding schedule changes and minor typographical errors.
Pinellas County approached the City and requested that we partner with them and Southwest Florida Water Management District
(SWFWMD) on this erosion control project. One side of the Creek is in the City, the other is in the County and the side banks are
vertical and need to be stabilized.
The project will consist of reinforcing approximately 2000 feet of channel with gabions and grading the creek bank above the gabions
at a gradual slope to blend with surrounding topography.
The engineer's estimate for the project is $1,651,500. The County will take the lead on this project handling the design,
construction management and fund $412,875. The City will assist with the project by providing $412,875. The SWFWMD will fund
$825,750 of the project. Design and pre-construction documentation will be completed by June 30, 2009.
The County will bill the City for the work and we will process their applications and pay up to $412,875.
Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96164, Allen's Creek Improve Project.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$412,875 Annual Operating Cost:0
Not to Exceed:$412,875 Total Cost:$412,875
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
0315-96164-563700-539-
000-0000
412,875.00
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
Allens Creek
SFAM 1"=600'308A 24-29s-15e8/1/2008Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Allens Creek
Map Document: (V:\GIS\Templates\new8 x 11.mxd)
11/21/2007 -- 10:45:40 AM
LIMITS OF WORK
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Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve the Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD)and the City for
the construction of Phase I of the Tropic Hills Drainage Improvements Project with each party funding $1,250,000 of the $2,500,000
construction cost and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On April 19,2007 Council approved a work order to Advanced Engineering, Inc, a City of Clearwater Engineer of Record (EOR) to
provide engineering design and permitting services for Tropic Hills Drainage Improvements Phase I.
The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and
during heavy rainfall stormwater backs up in the neighborhood flooding streets and houses. The Tropic Hills Drainage Improvements
Project consists of the following 3 phases:
Phase I is the subject work and the first step in reducing the flooding potential for this area. This phase will include widening the
existing channel, stabilizing the eroding north bank with gabions, and replacing a deteriorating seawall along the south side of
the channel. This will improve water quality and provide the outfall capacity for Phases II and III.
Phase II consists of FDOT replacing the 2 undersized 36” pipes under U.S. 19 with a 4’x10’ box culvert during the
reconstruction from SR 60 to Harn Blvd.
Phase III consists of replacing approximately 900’ undersized pipe that is upstream of phase II.
Council action at this time is necessary to secure District funds for the construction cost. Separate agreements will be presented to
Council for awarding the construction contract.
Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96170, Coastal Basin Projects to match
SWFWMD. A midyear amendment will increase the budget only by $1,250,000 of SWFWMD (337900) to CIP 0315-96170, Coastal
Basin Projects..
A copy of the SWFWMD agreement is available in the Office of Official Records and Legislative Services.
Type:Other
Current Year Budget?:Yes Budget Adjustment:Yes
Budget Adjustment Comments:
See Summary
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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Phase I
Phase II
Phase III
Tropic Hills Outfall Improvements
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
JHHES
N.T.S.310A20-29s-16e
11/16/07Drawn By:Reviewed By:
S - T - RGrid #
Date:
Scale:
Location of Tropic Hills Outfall Improvment Project
and Phases
Map Document: (V:\GIS\Engineering\Location Maps\Tropic Hills Outfall Improvements.mxd)
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Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve a contract to Caladesi Construction Company of Largo, Florida, for $1,662,525.45 for the construction of the Lake Bellevue
Branch 6A Stormwater Improvement Project (03-0030-EN), which is the lowest responsible bid in accordance with plans and
specifications, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Stevenson Creek Watershed Management Plan (WMP) was developed in accordance with a cooperative agreement between the
CITY and the Southwest Florida Water Management District (SWFWMD). The WMP includes prioritized recommendations for capital
improvement projects to address flooding, water quality, natural resources, and erosion problems within the watershed.
Project 6A of the WMP is the Lake Bellevue Branch Stormwater Management Project which consists of the expansion of Lake Bellevue
to provide additional flood storage capacity and water quality improvements. As part of the project, Lakeview Road from Ewing to
Missouri Ave will be reconstructed including a new storm system, a new water main and some minor utility relocates and adjustments.
The estimated time period for construction is 360 calendar days to start in May 2009 and finish in March 2010.
Resolution 07-28 was passed on November 1, 2007, establishing the City’s intent to reimburse certain Water & Sewer Utility project
costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in
the project list associated with Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in
projects 0376-96634, Sanitary Utility Relocation Accom in the amount of $25,157.00 and 0376-96742, Line Relocation - Capitalized in
the amount of $62,755.00. Additional funding is available in Capital Improvement Program (CIP) projects 0315-92273, Street and
Sidewalks in the amount of $313,313.86 as well as $292,105 from SWFWMD, $348,871 from FDEP and $366,624.72 of Stormwater
Utility Revenue in CIP 0315-96152, Lake Bellevue Stormwater Improvement.
A midyear amendment will transfer $175,682.54 of Drain Improvement (381615) Fees and $118,954.60 of Stormwater Utility (388419)
revenue from CIP 0315-96170, Coastal Basins Projects to CIP 0315-96152, Lake Bellevue Stormwater Improvement to provide total
Stormwater funding of $661,261.86 for the contract and $40,938.27 for miscellaneous costs of the project.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
See summary
Current Year Cost:$1,662,525.45 Annual Operating Cost:0.00
Not to Exceed:$1,662,525.45 Total Cost:$1,662,525.45
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
0315-96152-563700-539-
000-0000
1,261,299.59See Summary
0315-92273-563700-541-
000-0000
313,313.86See Summary
0376-96742-563800-533-
000-0000
62,755.00See Summary
Cover Memo
0376-96634-563800-535-
000-0000
25,157See Summary
Bid Required?:Yes Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
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PROJECT
SITE
S.K.E.S.N.T.S.
306A 22-29s-15e 04/17/07
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:
Location Map : Lake Bellevue Sormwater Improvements
Lake Bellevue Stormwater Improvements
City of Clearwater Engineering Department
Attachment number 1
Page 1 of 1
Page 1
BOND NUMBER: _________________
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we CALADESI CONSTRUCTION CO.
Contractor and THE HANOVER INSURANCE COMPANY (Surety) whose home address is 440
LINCOLN STREET, WORCESTER, MA 01653
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE MILLION, SIX HUNDRED
SIXTY TWO THOUSAND, FIVE HUNDRED TWENTY FIVE DOLLARS AND FORTY
FIVE CENTS ($1,662,525.45) for the payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns for the faithful performance of a certain written contract,
dated the_____, day of , 2009, entered into between the Contractor and the City of
Clearwater for:
LAKE BELLEVUE BRANCH 6A
STORMWATER MANAGEMENT PROJECT (03-0030-EN)
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Attachment number 2
Page 1 of 6
Page 2
CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2009
CALADESI CONSTRUCTION CO.
CONTRACTOR
By:
ATTEST:
____________________
SURETY
WITNESS: By:
ATTORNEY-IN-FACT
___________________________________
COUNTERSIGNED:
Attachment number 2
Page 2 of 6
Page 3
CONTRACT
This CONTRACT made and entered into this ____ day of ____________, 2009 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
CALADESI CONSTRUCTION CO., of the City of LARGO, County of PINELLAS and State of
FLORIDA hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
LAKE BELLEVUE BRANCH 6A STORMWATER MANAGEMENT PROJECT (03-0030-
EN) IN THE AMOUNT OF ONE MILLION, SIX HUNDRED SIXTY TWO THOUSAND,
FIVE HUNDRED TWENTY FIVE DOLLARS AND FORTY FIVE CENTS ($1,662,525.45).
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Attachment number 2
Page 3 of 6
Page 4
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
Attachment number 2
Page 4 of 6
Page 5
CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:_______________________________ ______________________(Seal)
William B. Horne, II
City Manager Attest:
Countersigned: ________________________
Cynthia E. Goudeau,
City Clerk
By:_______________________________ Approved as to form
Frank Hibbard,
Mayor-Councilmember
_______________________
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
_______________________
_______________________
(Contractor)
By: (SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
Attachment number 2
Page 5 of 6
Page 6
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF ____________________
COUNTY OF _______________________
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the (TITLE) of CALADESI
CONSTRUCTION CO., a Florida Corporation, with its principal place of business located at 1390
DONEGAN ROAD, LARGO, FLORIDA 33771 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the day of
________ , 20__, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
LAKE BELLEVUE BRANCH 6A
STORMWATER MANAGEMENT PROJECT (03-0030-EN)
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me CALADESI CONSTRUCTION CO.
AFFIANT
This day of , 20__ .
BY: _______________________
__________________________________
NOTARY PUBLIC
_________________________
My Commission Expires: PRESIDENT
Attachment number 2
Page 6 of 6
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Attachment number 3
Page 2 of 6
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Attachment number 3
Page 3 of 6
Attachment number 3
Page 4 of 6
Attachment number 3
Page 5 of 6
Attachment number 3
Page 6 of 6
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve Supplemental Work Order 2 in the amount of $44,290.37 to Wade-Trim, Inc, Engineer of Record, for engineering, design and
construction administration services for the Morningside Neighborhood Traffic Calming Project (Project number 07-0008-EN) and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
This project involves construction of traffic calming features in the Morningside community envisioned by community residents at the
Morningside Traffic Calming Charrette and supported by a petition signed by owners of approximately 65% of the parcels in the project
area. At the 60% milestone, the engineering plans were reviewed for faithfulness to the charrette vision by residents belonging to the
Morningside Traffic Calming Tech Team.
The project includes a roundabout at the intersection of Claiborne Avenue and Harn Boulevard and one at Summerlin Avenue and Harn
Boulevard. At the 60% milestone, the engineering plans were sufficiently developed to determine with accuracy that easements or
"corner clips" would be needed from owners of several properties adjacent to the two roundabouts; however, most of the property
owners declined to sell the easements.
The work included in this Amendment is necessary to re-design the two roundabouts to fit within the available right-of-way. The re-
design will not compromise the roundabouts unacceptably.
There is no maintenance component related to the supplemental work order.
Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-92259, Traffic Calming.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$44,290.37 Annual Operating Cost:0.00
Not to Exceed:$44,290.37 Total Cost:$44,290.37
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
0315-92259-561200-541-
000-0000
$44,290.37
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
March 31, 2009
Mr. Michael D. Quillen, PE
City Engineer
City of Clearwater
100 South Myrtle Avenue
Clearwater, Florida 33756
Re: Morningside Neighborhood Traffic Calming Design and Construction Administration Services
Work Order Amendment No. 2 – Initiation Form
Dear Mr. Quillen:
Enclosed for your review are two (2) executed Work Order Amendment No. 2 Initiation Forms for
additional services associated with two (2) roundabout design modifications in order to eliminate
right of way acquisition at proposed intersections. A Scope of Work and fee estimate are also
enclosed.
Thank you for the opportunity to assist the City on this assignment. Should you have any
questions or comments, please do not hesitate to contact me or Brad Hubbard at (813) 882-8366.
Sincerely,
WADE TRIM, INC.
David O. Theung, PE
Vice President
enclosures
cc: Ken Sides, City of Clearwater
Attachment number 1
Page 1 of 6
CITY OF CLEARWATER
WADE TRIM WORK ORDER
INITIATION FORM
Date: March 31, 2009 Project Number: CLW 2051.04M
City Project Number: 07-0038-EN
1. PROJECT TITLE: Morningside Neighborhood Traffic Calming Neighborhood
Design and Construction Administration Services – Work Order Amendment No. 2
2. SCOPE OF SERVICES:
This Work Order Amendment No. 2 Initiation From has been prepared for the design
modifications at two (2) roundabout intersection located within the Morningside
Neighborhood. The intersection modifications will consist of reducing the roundabout
size while accommodating large vehicular (Fire, Sanitation and tractor trailer) turning
movements in order to avoid right of way acquisition. The intersections are currently at
60% design phase. Modifications will consist of geometric revisions, intersection
regarding, drainage, construction, utility adjustments, signing & marking, and
landscaping revisions. Updated vehicular turning movements, construction quantities
and cost estimate will be preformed.
The intersection design modifications will be conducted at the following locations::
1. Roundabout at the westerly neighborhood entrance intersection at Harn Blvd. with
St. Charles St. and Clayborn Drive.
2. Roundabout at the easterly neighborhood entrance intersection at Harn Blvd. and
Summerlin Drive.
I - PRE-DESIGN PHASE
Task 1 – Project Management Plan involves project continuation and daily
management activities internally and externally due to schedule extension.
Task 2 – Additional project coordination will involve sub consultants including:
Alternate Street Design, P.A.; and GeoMasters Inc.
II - DESIGN PHASE
No geotechnical investigation is required at this time.
No additional topographical survey is required at this time.
An allowance is included for sub-surface utility investigation on an as-needed basis.
III – 60% ROUNDABOUT DESIGN MODIFICATIONS
Task 1 – Modifications to one (1) roundabout intersection at Harn Blvd. & St.
Attachment number 1
Page 2 of 6
Charles will require the following design plan sheet revisions and performing
related design tasks:
Construction Plan Sheets
1. Typical Sections (Roundabouts, 2 Sheets)
2. Roadway Demolition Plan Sheet Roundabout Int. (Harn & St. Charles)
3. Roadway Construction Plan Sheet Roundabout Int. (Harn & St. Charles)
4. Roadway Grading Plan Sheet Roundabout Int. (Harn & St. Charles)
5. Roadway Geometric Plan Sheet Roundabout Int. (Harn & St. Charles)
6. Roadway Utility Adjustment Plan Sheet Roundabout Int. (Harn & St.
Charles)
7. Roadway Signing & Pavement Marking Plan Sheet Roundabout Int. (Harn &
St. Charles)
8. Roadway Landscape Plan Sheet Roundabout Int. (Harn & St. Charles)
9. Roadway Irrigation Plan Sheet Roundabout Int. (Harn & St. Charles)
10. Miscellaneous Roadway Construction Details
11. Pavement Marking Construction Details
12. Miscellaneous Drainage Construction Details
13. Miscellaneous Landscape Construction Details
The roadway construction plans will be prepared at a scale of 1”=20’ for full size
plans.
Associated Design Tasks/Activities
1. Site Visit to Review 90% Utility/Geometrics/Landscape Impacts
2. Intersection Vehicular Turning Movement Analysis
3. Quantity Updates
4. Cost Estimate Updates
5. QA/QC Roundabout Redesigns
The design plans shall be compiled using the City of Clearwater CAD standards, as
attached.
3. PROJECT GOALS:
The Morningside neighborhood is scheduled soon for traffic calming improvements in the
year 2009 as part of an over all City neighborhood traffic calming program.
4. BUDGET:
This price includes all labor and expenses anticipated to be incurred by Wade Trim for
the completion of these tasks, on a lump sum basis, for a fee of Forty-Four
Thousand Two Hundred and Ninety Dollars and Thirty Seven Cents ($44,290.37).
5. SCHEDULE:
See attached MS Project Schedule
Attachment number 1
Page 3 of 6
6. STAFF ASSIGNMENT
Wade Trim
David O. Theung, Vice President, Principal-in-Charge
Brad Hubbard, PE, Project Manager (Engineer of Record)
John Kelley, EI, Design Engineer
Aaron Epperson, CAD Technician
City of Clearwater
Ken Sides, PE, PTOE, Project Manager
7. CORRESPONDENCE/REPORTING PROCEDURES:
Engineer’s project correspondence shall be directed to Mr. Brad Hubbard, PE. All City
project correspondence shall be directed to Mr. Ken Sides, PE, PTOE with copies to
others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef,
Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748, for work
performed. Invoices will be prepared monthly with associated progress report with
copies transmitted to Mr. Ken Sides, PE, PTOE.
City Invoicing Code: 0315-92259-561200-541-000-0000
9. ENGINEER CERTIFICATION:
Wade Trim will certify as a licensed Professional Engineer, registered in accordance with
Florida Statute 471 (481), that the above project’s construction plans meet or exceed all
applicable design criteria specified by City municipal ordinance, State, and Federal
established standards. We understand that it is our responsibility as the project’s
Professional Engineer to perform a quality assurance review of these submitted plans to
ensure that such plans are free from negligent errors and/or omissions.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
PREPARED BY: APPROVED BY:
________________________ ________________________
David O. Theung, PE Michael D. Quillen, PE
Vice President City Engineer
Wade Trim City of Clearwater
March 31, 2009 ___________________
Date Date
Attachment number 1
Page 4 of 6
ATTACHMENT A
CITY OF CLEARWATER
MORNINGSIDE NEIGHBORHOOD ROUNDABOUT & INTERSECTION MODIFICATION
DESIGN SERVICES
PPRROOJJEECCTT BBUUDDGGEETT
WADE TRIM
Sub
consultant
Task Description Services Labor Total
1.0 Pre- Design
1.1 Monthly Project Management Activities $1,896.56
1.2 City Depts./Sub Consultant Coordination $1,661.06
1.3 Task Allowance
$3,557.62
2.0 Design Data Collection
2.1 Survey Data Collection $0
2.2 Task Allowance $0
$0
3.0 Final Design Plans
3.1 60% Roundabout Design Modifications $39,250.00
3.2 Task Allowance
$39,250.00
Subtotal, Labor and Subcontractors $42,807.62 $42,807.62
Other Direct Costs (Cadd, Fax, Word
Processing & Copies) $ 1,482.75
Grand Total $44,290.37
Attachment number 1
Page 5 of 6
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT “A”
FORMAT
The design plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
DELIVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at
a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver
all drawing files in digital format with all project data in Land Desktop (Land Desktop 2000
or later format, including all associated dependent files. When is not available, upon
approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered
with all associated drawing and dependent files. The ASCII file shall be a comma or space
delimited containing code, point number, northing, easting, elevation and description for
each data point. Example below space delimited ASCII file:
POINT # NORTHING EASTING ELEV DESC
284 1361003.838 264286.635 25.00 BCV
or comma delimited ASCII file:
284,361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved
deviation from Clearwater or Pinellas County CAD standards are used the consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
AutoDesk, Inc. release. All block references and references contained within the
drawing file shall be included. Please address any questions regarding format to Mr.
Tom Mahony, at (727)562-4762 or email address
mailto:tom.mahony@myclearwater.com
All electronic files must be delivered upon completion of project or with 100%
plan submittal to City of Clearwater.
Attachment number 1
Page 6 of 6
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve amendments to the Stormwater Capital Improvement Program (CIP) by eliminating FY2009 Stormwater Bond Proceeds and
reallocating Stormwater Utility Revenue to current projects and restructuring the Stormwater CIP due to reprioritization of projects.
(consent)
SUMMARY:
On June 19, 2008 the Council passed Ordinance 7914-08 amending the Stormwater Utility rates through Fiscal Year 2012. The
amended rates provide funding for utility operations, debt service and capital projects
Midyear budget amendments will provide sufficient funding for 2009 projects and required maintenance while eliminating the need to
issue bonds in 2009.
The proposed stormwater budget is the result of analysis and prioritization of projects by the Engineering Department and the Capital
Improvement Stormwater Management Committee.
Type:Capital expenditure
Current Year Budget?:None Budget Adjustment:No
Budget Adjustment Comments:
See attachment
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
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Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve the SRF water facilities plan as the planning documents for developing the City’s expanded water system and improvements
projects, certifying all documents necessary to develop the water system expansion and improvement program and to assure compliance
with the State Revolving Fund loan requirements and adopt resolution 09-18.
SUMMARY:
The City identified a list of capital projects as ready-to-go stimulus projects for the expanded water system and improvement program.
Florida’s Drinking Water State Revolving Fund (DWSRF) Program will receive approximately $88 million from the American
Recovery and Reinvestment Act (ARRA) for drinking water infrastructure construction projects.
To be eligible under ARRA, projects must secure a place on the DWSRF priority list, meet the DWSRF program’s basic funding
criteria, and be “shovel-ready” such that they can be under construction before February 17, 2010.
The first step in applying for funds is to submit a Request for Inclusion (RFI) form on the DWSRF priority list form.
Under ARRA, all DWSRF program requirements remain in effect. All Planning Requirements and Readiness to Proceed Requirements
must be met before a project can be placed on the priority list for funding.
Projects will be ranked in priority score order and funds will be allocated up to the “segment cap” of approximately $4 million per
project until the funds are exhausted. (The segment cap is the maximum amount of money any project can receive in a given year in
order to give all sponsors of ready projects a fair opportunity to secure financing.)
A priority list adoption hearing has been scheduled for May 13, 2009. All readiness to proceed requirements must be met by April 29,
2009, to qualify for the priority list at that hearing. If all ARRA funds are not obligated at that hearing, additional hearings will be
scheduled as needed to obligate the remaining funds.
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
NOTICE OF PUBLIC HEARING
CITY OF CLEARWATER
Notice is hereby given that the City of Clearwater will hold a public hearing on April 15,
2009, at 6:00 p.m. at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, for the purpose of
considering the approval of the Water and Wastewater Facilities Plans. The Facilities Plans are
studies that determine the condition of the existing water and wastewater systems and explore
alternatives available to correct or accommodate any issues discovered in the course of the
studies. This hearing will include a discussion of the documents and the financial impacts on the
City. The hearing is intended to afford the opportunity to individuals to be heard on the
economic and social effects of the location, design, and environmental impact of the planned
improvements.
A portion of the funding for the project is anticipated to come from the State Revolving
Fund (SRF) loan program. The Capital Financing Plan will be available and included as an
appendix to the Facilities Plans. All interested parties are invited to attend the Public Hearing,
and all persons wishing to speak will be given an opportunity to do so following a brief
presentation.
Copies of the plans will be available for review beginning on April 7, 2009 at the City
Engineering Department, Municipal Services Building-Room 220, 100 S. Myrtle Avenue,
Clearwater Florida 33756 during the hours of 8:00 a.m. to 4:00 p.m. For additional information,
contact Rob Fahey, Engineering Utilities Manager, 727-562-4750.
Other business, which may properly come before the City Council, will also be
addressed. All interested persons are invited to attend and be heard.
Cynthia Goudeau
City Clerk
(4/2/09)
Attachment number 1
Page 1 of 1
RESOLUTION NO. 09-18
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE
FACILITIES PLAN ENTITLED “STATE REVOLVING FUND (SRF) WATER
FACILITIES PLAN” AS THE PLANNING DOCUMENT FOR DEVELOPING THE
CITY’S EXPANDED WATER SYSTEM AND PROVIDING FOR OTHER
IMPROVEMENT PROJECTS, COMITTING TO ADOPT A DEDICATED REVENUE
PLAN IN SUPPORT OF THE WATER SYSTEM EXPANSION AND
IMPROVEMENT PROGRAM, AND AUTHORIZING THE APPROPRIATE CITY
OFFICIAL TO SIGN AND CERTIFY ALL DOCUMENTS NECESSARY TO
DEVELOP THE WATER SYSTEM EXPANSION AND TO ASSURE COMPLIANCE
WITH STATE REVOLVING FUND LOAN REQUIREMENTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of Clearwater has determined that the construction of the
recommended water system expansion and improvement program is in the best interest
and welfare of its citizens; and
WHEREAS, the City Council examined the Facilities Plan document dated March
2009, and discussed the results and recommendations of the report at a public hearing
on April 15, 2009, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council of Clearwater does hereby adopt the Facilities Plan
document as the planning document for developing the water system expansion and
improvement program, and authorizes the appropriate city official to sign and certify all
documents necessary to develop the water system expansion and improvement program
and to assure compliance with the State Revolving Fund loan requirements.
Section 2. This resolution shall take effect immediately upon adoption. The
Public Utilities Director shall send copies of this resolution to the Florida Department of
Environmental Protection as necessary to effect the City application for State Revolving
Fund loans.
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve the SRF wastewater facilities plan as the planning documents for developing the City’s wastewater system improvements
projects, certifying all documents necessary to develop the wastewater system improvement program and to assure compliance with the
State Revolving Fund loan requirements and Adopt Resolution 09-19.
SUMMARY:
The City identified a list of capital projects as ready-to-go stimulus projects for the wastewater system improvement program.
Florida’s Clean Water State Revolving Fund (CWSRF) Program will receive approximately $132 million from the American Recovery
and Reinvestment Act (ARRA) for wastewater and stormwater infrastructure construction projects.
To be eligible under ARRA, projects must secure a place on the CWSRF priority list, meet the CWSRF program’s basic funding
criteria, and be “shovel-ready” such that they can be under construction before February 17, 2010.
The first step in applying for funds is to submit a Request for Inclusion (RFI) form on the CWSRF priority list form.
Under ARRA, all CWSRF program requirements remain in effect. All Planning Requirements and Readiness to Proceed Requirements
must be met before a project can be placed on the priority list for funding.
Projects will be ranked in priority score order and funds will be allocated up to the “segment cap” of approximately $10 million per
project until the funds are exhausted. (The segment cap is the maximum amount of money any project can receive in a given year in
order to give all sponsors of ready projects a fair opportunity to secure financing.)
A priority list adoption hearing has been scheduled for May 13, 2009. All readiness to proceed requirements must be met by April 29,
2009 to qualify for the priority list at that hearing. If all ARRA funds are not obligated at that hearing, additional hearings will be
scheduled as needed to obligate the remaining funds.
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
NOTICE OF PUBLIC HEARING
CITY OF CLEARWATER
Notice is hereby given that the City of Clearwater will hold a public hearing on April 15,
2009, at 6:00 p.m. at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, for the purpose of
considering the approval of the Water and Wastewater Facilities Plans. The Facilities Plans are
studies that determine the condition of the existing water and wastewater systems and explore
alternatives available to correct or accommodate any issues discovered in the course of the
studies. This hearing will include a discussion of the documents and the financial impacts on the
City. The hearing is intended to afford the opportunity to individuals to be heard on the
economic and social effects of the location, design, and environmental impact of the planned
improvements.
A portion of the funding for the project is anticipated to come from the State Revolving
Fund (SRF) loan program. The Capital Financing Plan will be available and included as an
appendix to the Facilities Plans. All interested parties are invited to attend the Public Hearing,
and all persons wishing to speak will be given an opportunity to do so following a brief
presentation.
Copies of the plans will be available for review beginning on April 7, 2009 at the City
Engineering Department, Municipal Services Building-Room 220, 100 S. Myrtle Avenue,
Clearwater Florida 33756 during the hours of 8:00 a.m. to 4:00 p.m. For additional information,
contact Rob Fahey, Engineering Utilities Manager, 727-562-4750.
Other business, which may properly come before the City Council, will also be
addressed. All interested persons are invited to attend and be heard.
Cynthia Goudeau
City Clerk
(4/2/09)
Attachment number 1
Page 1 of 1
RESOLUTION NO. 09-19
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE
FACILITIES PLAN ENTITLED “STATE REVOLVING FUND (SRF)
WASTEWATER FACILITIES PLAN” AS THE PLANNING DOCUMENT FOR
DEVELOPING THE CITY’S EXPANDED WASTEWATER SYSTEM AND
PROVIDING FOR OTHER IMPROVEMENT PROJECTS, COMITTING TO ADOPT
A DEDICATED REVENUE PLAN IN SUPPORT OF THE WASTEWATER SYSTEM
EXPANSION AND IMPROVEMENT PROGRAM, AND AUTHORIZING T HE
APPROPRIATE CITY OFFICIAL TO SIGN AND CERTIFY ALL DOCUMENTS
NECESSARY TO DEVELOP THE WASTEWATER SYSTEM EXPANSION AND TO
ASSURE COMPLIANCE WITH STATE REVOLVING FUND LOAN
REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of Clearwater has determined that the construction of the
recommended wastewater system expansion and improvement program is in the best
interest and welfare of its citizens; and
WHEREAS, the City Council examined the Facilities Plan document dated March
2009, and discussed the results and recommendations of the report at a public hearing
on April 15, 2009, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council of Clearwater does hereby adopt the Facilities Plan
document as the planning document for developing the wastewater system expansion and
improvement program, and authorizes the appropriate city official to sign and certify all
documents necessary to develop the wastewater system expansion and improvement
program and to assure compliance with the State Revolving Fund loan requirements.
Section 2. This resolution shall take effect immediately upon adoption. The
Public Utilities Director shall send copies of this resolution to the Florida Department of
Environmental Protection as necessary to effect the City application for State Revolving
Fund loans.
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Plan Amendment from the Residential/Office General (R/OG) Classification to the Institutional (I)
Classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 303
Pinellas Street (Lots 1, 2 and 17, Block B, Westover Subdivision, Section 21, Township 29 South, Range 15 East), 323 Jeffords Street
and 300 Pinellas Street (Lots 22, 23 and 24, and the East 40 feet of Lots 16 and 18, C. Perry Snell’s Bluff View Court, Section 21,
Township 29 South, Range 15 East), and an unaddressed parcel located east of 323 Jeffords Street on Reynolds Avenue (Lot 8, S.J.
Reynolds Subdivision, Section 21, Township 29 South, Range 15 East), together with vacated right-of-way of Pinellas Street, Sadler
Street, and Bay Avenue; Pass Ordinance 8022-09 on first reading rescinding Ordinances 5856-95 and 5857-95, and Pass Ordinances
8023-09 and 8024-09 on first reading. (LUZ2008-11003)
SUMMARY:
This Future Land Use Plan (FLUP) amendment application involves three parcels of land, comprising approximately 1.33 acres in area,
located west of South Fort Harrison Avenue in the vicinity of Reynolds Avenue and Bay Avenue. These parcels, part of the Morton
Plant Hospital campus, have a FLUP classification of Residential/Office General (R/OG) and a zoning designation of Office (O). The
applicant is requesting to amend the FLUP classification of the site to the Institutional (I) classification and to rezone the property to the
Institutional (I) District in order to establish a FLUP classification and zoning district that are consistent with the Future Land Use Map
and Zoning Atlas designations of the remainder of the hospital campus.
In 1995 the Morton Plant Hospital Association submitted an application to amend the Future Land Use Plan category and zoning
designation for a portion of this property to the I land use category and I zoning district. The City Commission adopted Ordinances
5856-95 and 5857-95 on December 7, 1995. The City, however, did not transmit the ordinances to the Florida Department of
Community Affairs nor to the Pinellas Planning Council for review. Therefore, the original ordinances are not considered legally
effective, and must be rescinded. The amendment to the Future Land Use Plan classification and the accompanying rezoning must be
reprocessed as well. The current application includes 0.43 acres more land than in the original application due to the vacation of
portions of Pinellas Street, Sadler Street and Bay Avenue rights-of-way, which occurred in 1996 and 2000.
The Planning Department has determined that the proposed future land use plan amendment and rezoning amendment, as
recommended, are consistent with the following standards specified in the Community Development Code:
· The proposed land use plan amendment is consistent with the Comprehensive Plan.
· The proposed use is compatible with the surrounding area.
· Sufficient public facilities are available to serve the property.
· The applications will not have an adverse impact on the natural environment.
Please refer to the land use plan amendment and rezoning (LUZ2008-11003) staff report for the complete analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council
and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and
review and approval by the Florida Department of Community Affairs is required.
The Community Development Board reviewed this application at its public hearing on March 17, 2009, and unanimously recommended
approval of the Future Land Use Plan amendment.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROJECT
SITE
PROJECT
SITE
PROJECT
SITE
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l
e
-
-N
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t
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S
u
r
v
e
y
-
Location Map
Owners: Morton Plant Hospital Association, Inc. Case: LUZ2008-11003
Site:
303 Pinellas Street;
323 Jeffords Street & 300 Pinellas Street; and
Unaddressed Parcel on Reynolds Avenue
Property
Size (Acres): 1.33 acres
Land Use Zoning
PIN:
21-29-15-96678-002-0010;
21-29-15-00000-120-1500;
and
21-29-15-74574-000-0080 From :
R/OG O
To:
I I Atlas Page: 305B
S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-11003 - MortonPlant\Maps\LOCATION.doc
Attachment number 1
Page 1 of 8
JEFFORDS ST JEFFORDS ST
PINELLAS ST PINELLAS ST
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REYNOLDS AVE
REYNOLDS AVE
WATKINS RD WATKINS RD
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BAY AVE
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Aerial Map
Owners: Morton Plant Hospital Association, Inc. Case: LUZ2008-11003
Site:
303 Pinellas Street;
323 Jeffords Street & 300 Pinellas Street; and
Unaddressed Parcel on Reynolds Avenue
Property
Size (Acres): 1.33 acres
Land Use Zoning
PIN:
21-29-15-96678-002-0010;
21-29-15-00000-120-1500;
and
21-29-15-74574-000-0080 From :
R/OG O
To:
I I Atlas Page: 305B
S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-11003 - MortonPlant\Maps\AERIAL.doc
Attachment number 1
Page 2 of 8
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Future Land Use Map
Owners: Morton Plant Hospital Association, Inc. Case: LUZ2008-11003
303 Pinellas Street; Property
Size (Acres): 323 Jeffords Street & 300 Pinellas Street; and Site: 1.33 acres
Unaddressed Parcel on Reynolds Avenue
Land Use Zoning 21-29-15-96678-002-0010;
21-29-15-00000-120-1500; PIN: and
21-29-15-74574-000-0080 From : R/OG O
To: I I Atlas Page: 305B
S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-11003 - MortonPlant\Maps\FLU.doc
Attachment number 1
Page 3 of 8
80
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09432
24 23 22 21 20 19 18 17 16
15 14 1312 11 10 9 8 7 6 5 4 3
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Zoning Map
Owners: Morton Plant Hospital Association, Inc. Case: LUZ2008-11003
Site:
303 Pinellas Street;
323 Jeffords Street & 300 Pinellas Street; and
Unaddressed Parcel on Reynolds Avenue
Property
Size (Acres): 1.33 acres
Land Use Zoning
PIN:
21-29-15-96678-002-0010;
21-29-15-00000-120-1500;
and
21-29-15-74574-000-0080 From :
To:
R/OG O
I I Atlas Page: 305B
II
I
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-11003 - MortonPlant\Maps\ZONING.doc
Attachment number 1
Page 4 of 8
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Hospital Parking
Hospital Hospital
Hospital Vacant
Parking Vacant
Vacant
Parking
Parking Hospital Parking Hospital
Existing Surrounding Uses Map
Owners: Morton Plant Hospital Association, Inc. Case: LUZ2008-11003
303 Pinellas Street; Property
Size (Acres): 323 Jeffords Street & 300 Pinellas Street; and Site: 1.33 acres
Unaddressed Parcel on Reynolds Avenue
Land Use Zoning 21-29-15-96678-002-0010;
21-29-15-00000-120-1500; PIN: and
21-29-15-74574-000-0080 From : R/OG O
To: I I Atlas Page: 305B
S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-11003 - MortonPlant\Maps\EXISTING.doc
Attachment number 1
Page 5 of 8
View looking west at the subject parcel, 303 Pinellas Street
View looking southwesterly from the subject parcel, 303 Pinellas
Street
View looking south along Bay Avenue
View looking northwesterly from the subject parcel, 303 Pinellas
Street
View looking east from the subject parcel, 303 Pinellas Street
View looking north along Bay Avenue
Page 1 of 3
LUZ2008-11003
Morton Plant Hospital Association
303 Pinellas Street; 323 Jeffords Street and 300 Pinellas
Street; and Unaddressed Parcel on Reynolds Avenue
Attachment number 1
Page 6 of 8
View looking north at the subject parcel, 323 Jeffords Street and
300 Pinellas Street
View looking northwesterly from the subject parcel, 323 Jeffords
Street and 300 Pinellas Street
View looking west along Pinellas Street
View looking northeasterly from the subject parcel, 323 Jeffords
Street and 300 Pinellas Street
View looking south from the subject parcel, 323 Jeffords Street
and 300 Pinellas Street
View looking east along Pinellas Street
Page 2 of 3
LUZ2008-11003
Morton Plant Hospital Association
303 Pinellas Street; 323 Jeffords Street and 300 Pinellas
Street; and Unaddressed Parcel on Reynolds Avenue
Attachment number 1
Page 7 of 8
View looking east at the subject parcel, Unaddressed Parcel
View looking northeasterly from the subject parcel, Unaddressed
Parcel
View looking south along Reynolds Avenue
View looking southeasterly from the subject parcel, Unaddressed
Parcel
View looking west from the subject parcel, Unaddressed Parcel
View looking north along Reynolds Avenue
Page 3 of 3
LUZ2008-11003
Morton Plant Hospital Association
303 Pinellas Street; 323 Jeffords Street and 300 Pinellas
Street; and Unaddressed Parcel on Reynolds Avenue
Attachment number 1
Page 8 of 8
Ordinance No. 8022-09
ORDINANCE NO. 8022-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RESCINDING ORDINANCE NOS. 5856-95 AND 5857-95;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater previously adopted Ordinance Nos. 5856-95 and
5857-95, effective December 7, 1995, regarding certain property located at 1221 and 1256
Bay Avenue, 323 and 325 Pinellas Street and 1225 Reynolds Avenue; and
WHEREAS, said ordinances were not forwarded to the Pinellas Planning Council for
Pinellas County processing, and therefore are not considered legally effective; and it is
thus necessary to rescind the comprehensive plan amendment/designation and its
accompanying zoning designation in order that they be readopted by means of the
proposed Ordinances Nos. 8023-09 and 8024-09; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Ordinance Nos. 5856-95 and 5857-95 are hereby rescinded, and
shall be of no further force and effect.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 1 of 1
Ordinance No. 8023-09
ORDINANCE NO. 8023-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF BAY AVENUE AT THE
WESTERN TERMINUS OF PINELLAS STREET, CONSISTING
OF LOTS 1, 2 AND 17, BLOCK B, WESTOVER SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 303 PINELLAS STREET,
TOGETHER WITH VACATED RIGHT-OF-WAY OF PINELLAS
STREET; CERTAIN PROPERTY LOCATED ON THE NORTH
SIDE OF PINELLAS STREET APPROXIMATELY 100 FEET
WEST OF REYNOLDS AVENUE, CONSISTING OF LOTS 22, 23
AND 24, C. PERRY SNELL’S BLUFF VIEW COURT AND THE
EAST 40 FEET OF LOTS 16 AND 18, C. PERRY SNELL’S
BLUFF VIEW COURT, WHOSE POST OFFICE ADDRESS IS
323 JEFFORDS STREET AND 300 PINELLAS STREET,
TOGETHER WITH VACATED RIGHT-OF-WAY OF SADLER
STREET AND BAY AVENUE; AND CERTAIN PROPERTY
LOCATED ON THE EAST SIDE OF REYNOLDS AVENUE
APPROXIMATELY 190 FEET NORTH OF PINELLAS STREET,
CONSISTING OF LOT 8, S. J. REYNOLDS SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS AN UNADDRESSED
PARCEL ON REYNOLDS AVENUE, FROM
RESIDENTIAL/OFFICE GENERAL (R/OG) TO INSTITUTIONAL
(I); 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 COUNCIL 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
Legal description attached hereto From: Residential/Office General (R/OG)
(LUZ2008-11003) To: Institutional (I)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
Attachment number 3
Page 1 of 2
Ordinance No. 8023-09 2
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 2 of 2
Ordinance No. 8024-09
ORDINANCE NO. 8024-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
WEST SIDE OF BAY AVENUE AT THE WESTERN
TERMINUS OF PINELLAS STREET, CONSISTING OF
LOTS 1, 2 AND 17, BLOCK B, WESTOVER SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 303 PINELLAS
STREET, TOGETHER WITH VACATED RIGHT-OF-WAY
OF PINELLAS STREET; CERTAIN PROPERTY LOCATED
ON THE NORTH SIDE OF PINELLAS STREET
APPROXIMATELY 100 FEET WEST OF REYNOLDS
AVENUE, CONSISTING OF LOTS 22, 23 AND 24, C.
PERRY SNELL’S BLUFF VIEW COURT AND THE EAST 40
FEET OF LOTS 16 AND 18, C. PERRY SNELL’S BLUFF
VIEW COURT, WHOSE POST OFFICE ADDRESS IS 323
JEFFORDS STREET AND 300 PINELLAS STREET,
TOGETHER WITH VACATED RIGHT-OF-WAY OF SADLER
STREET AND BAY AVENUE; AND CERTAIN PROPERTY
LOCATED ON THE EAST SIDE OF REYNOLDS AVENUE
APPROXIMATELY 190 FEET NORTH OF PINELLAS
STREET, CONSISTING OF LOT 8, S. J. REYNOLDS
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS AN
UNADDRESSED PARCEL ON REYNOLDS AVENUE, FROM
OFFICE (O) TO INSTITUTIONAL (I); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property Zoning District
Legal description attached hereto From: Office (O)
(LUZ2008-11003) To: Institutional (I)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 8038-09 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Attachment number 4
Page 1 of 2
Ordinance No. 8024-09
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ___________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 2 of 2
Community Development Board – March 17, 2008 - Case LUZ2008-11003 -Page 1 of 8
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.8895.1.LUZ2008-11003_Staff_Report.doc
CDB Meeting Date: March 17, 2009
Case Number: LUZ2008-11003
Owner/Applicant: Morton Plant Hospital Association / Michael Delk, Community
Development Coordinator
Address: 303 Pinellas Street; 323 Jeffords Street and 300 Pinellas Street; and an
unaddressed parcel located east of 323 Jeffords Street on Reynolds
Avenue
Agenda Item: E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST: (a) Future Land Use Plan amendment from the Residential/
Office General (R/OG) Classification to the
Institutional (I) Classification.
(b) Rezoning from the Office (O) District to the
Institutional (I) District.
SITE INFORMATION
PROPERTY SIZE: 57,934 square feet or 1.33 acres (total)
(1) 303 Pinellas Street: 23,958 square feet or 0.55 acres
(including vacated right-of-way)
(2) 323 Jeffords Street and 300 Pinellas Street: 27,442
square feet or 0.63 acres (including vacated rights-
of-way)
(3) Unaddressed parcel on Reynolds Avenue: 6,534
square feet or 0.15 acres
PROPERTY USE:
Current Use: Hospital
Proposed Use: Hospital
PLAN CATEGORY:
Current Category: Residential/Office General (R/OG)
Proposed Category: Institutional (I)
ZONING DISTRICT:
Current District: Office (O)
Proposed District: Institutional (I)
Attachment number 5
Page 1 of 8
Community Development Board – March 17, 2009 - Case LUZ2008-11003 - Page 2 of 8
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.8895.1.LUZ2008-11003_Staff_Report.doc
EXISTING North: Hospital
SURROUNDING USES: West: Hospital
South: Hospital
East: Hospital
ANALYSIS:
This Future Land Use Plan amendment and rezoning application involves three parcels of land,
comprising approximately 1.33 acres in area, located west of South Fort Harrison Avenue in the
vicinity of Reynolds Avenue and Bay Avenue. The subject property is located within the
Morton Plant Hospital Campus and is occupied by a 35,187 square foot hospital (Powell Cancer
Pavilion), a parking lot for Morton Plant Hospital (main building), and a vacant, unimproved lot.
It has an existing Future Land Use Plan designation of Residential/Office General (R/OG) and a
zoning designation of Office (O). The applicant is requesting to amend the Future Land Use
Plan classification of this property to the Institutional (I) classification and to rezone the parcels
to the Institutional (I) District in order to make this property consistent with the Future Land Use
Map and Zoning Atlas designations of the remainder of the hospital campus.
In 1995 the Morton Plant Hospital Association submitted an application to amend the Plan
classification and zoning designation for a portion of this property to the I land use category and
I zoning district. The City Commission passed Ordinance No. 5856-95 and 5857-95 on
December 7, 1995. The City, however, did not transmit the ordinances to the Florida Department
of Community Affairs nor to the Pinellas Planning Council for review. Therefore, the original
ordinances are not considered legally effective, and must be rescinded. The amendment to the
Future Land Use Plan classification and the accompanying rezoning must be reprocessed as well.
The current application includes 0.43 acres more land than in the original application due to the
vacation of portions of Pinellas Street, Sadler Street and Bay Avenue rights-of-way, which
occurred in 1996 and 2000.
In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the density of the parcel, review and approval by the
Florida Department of Community Affairs is required.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-
602.F.1 and Section 4-603.F.1 and 2]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
A.2. Goal – A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
A.2.1 Objective – Public institutions, such as hospitals, parks, utility facilities and government
facilities shall be provided sufficient land area to accommodate identified public needs.
Attachment number 5
Page 2 of 8
Community Development Board – March 17, 2009 - Case LUZ2008-11003 - Page 3 of 8
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.8895.1.LUZ2008-11003_Staff_Report.doc
A.2.1.2 Policy – Growth of Morton Plant hospital shall continue to be consistent with the
Morton Plant Hospital Master Plan.
A.4.1.1 Policy – No new development or redevelopment will be permitted which causes the level
of City services (roads, recreation and open space, water, sewage treatment, garbage
collection, public school facilities, and drainage) to fall below minimum acceptable
levels. However, development orders may be phased or otherwise modified consistent
with provisions of the concurrency management system to allow services to be upgraded
concurrently with the impacts of development.
A.5.1.1 Policy – Identify Activity Centers: high intensity, high-density multi-use areas
designated as appropriate for intensive growth and routinely provide service to a
significant number of citizens of more than one county. Activity centers are proximate
and accessible to interstate or major arterial roadways, and are composed of multiple
destination points, landmarks and neighborhood centers and character features.
B.1.4 Objective - The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the
land use map, rezoning, subdivision plat, or site plan approval.
Recommended Conclusions of Law
Amending the Future Land Use Plan classification and zoning designation on the subject parcels
would result in a single land use and zoning designation across the Morton Plant Hospital
Campus, consistent with the hospital’s master plan. Morton Plant Hospital is identified as an
activity center on the Citywide Design Structure, which serves as a guide to support
redevelopment. Staff analysis includes a review of the potential impact of this amendment on
the levels of City services. The proposed plan amendment is not in conflict with any Clearwater
Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater
Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Institutional (I) category, as specified in Section 2.3.3.7.3 of the
Countywide Rules, is to depict those areas of the County that are now used or appropriate to be
used, for public/semi-public institutional purposes; and to recognize such areas consistent with
the need, character and scale of the institutional use relative to surrounding uses, transportation
facilities, and natural resource features. The I category is generally appropriate to those locations
where educational, health, public safety, civic, religious and like institutional uses are required to
serve the community; and to recognize the special needs of these uses relative to their
relationship with surrounding uses and transportation access.
The requested Future Land Use Plan category is appropriately located due to the parcels location
within the Morton Plant Hospital campus, located on South Fort Harrison Avenue.
Attachment number 5
Page 3 of 8
Community Development Board – March 17, 2009 - Case LUZ2008-11003 - Page 4 of 8
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.8895.1.LUZ2008-11003_Staff_Report.doc
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3]
Recommended Findings of Fact
These parcels are internal to the Morton Plant Hospital campus and have Morton Plant property
surrounding them to the north, south, east and west.
Recommended Conclusions of Law
The proposed Future Land Use Plan designation and rezoning are in character with the overall
Future Land Use Plan and zoning designations in the area. They are compatible with
surrounding uses and consistent with the character of the immediate surrounding area and
neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.6 and Section 4-
603.F.4]
Recommended Findings of Fact
As stated earlier, the subject parcels are approximately 1.33 acres in total area. The westernmost
and central parcels are presently paved parking for hospital buildings. The easternmost parcel is
presently vacant, but a future hospital project is planned for it and the surrounding lots. Based
on a maximum permitted development potential in the proposed Institutional (I) Future Land Use
Plan category, including a floor area ratio bonus provision for hospital uses in the institutional
classification, a floor area of 57,934 square feet could be potentially constructed on these parcels.
Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council’s (PPC) traffic generation guidelines. The
PPC’s traffic generation rates have been calculated for the subject site based on the existing and
proposed Future Land Use Plan categories and are included in the following table.
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MAXIMUM POTENTIAL TRAFFIC
Ft. Harrison Avenue: Pinellas Street to
Jeffords Street
Current
Situation
Existing
Plan
Category1
Proposed
Plan
Category2
Net New
Trips
Maximum Daily Added Potential Trips N/A 227 223 (-4)
Maximum PM Peak Hour Added Potential Trips3 N/A 22 22 0
Volume of Ft. Harrison Avenue between Pinellas
Street and Jeffords Street
18,022 18,249 18,245 (-4)
LOS of Ft. Harrison Avenue between Pinellas
Street and Jeffords Street
F F F F
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category.
2 = Based on PPC calculations of 167 trips per acre per day for the Institutional Future Land Use Category.
3 = Based on MPO K-factor of 0.095.
Source: The Countywide Plan Rules
Based on the 2008 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of Ft. Harrison Avenue from Pinellas Street to Jeffords Street has a LOS of
F. The proposed amendment does not increase the overall volume of PM peak hour trips, so the
LOS will not degrade further. The Engineering Department’s corridor improvement plan
includes plans for intersection improvements within this segment of roadway.
Specific uses in the current and proposed zoning district has been analyzed for the number of
vehicle trips that could be generated based on the Institute of Transportation Engineer’s Trip
Generation 8th Edition.
Uses Square Footage
Daily
Trips
Net Change of
Average Daily
Trips
PM Trips
Average Rate
PM
Peak
Trips
Net Change
of PM Peak
Trips
Existing O District/
R/OG FLUP
Maximum
Development
Potential
Medical/Dental
Office Building2 28,967 sf 1047 1047 4.45 129 129
Proposed I District /
I FLUP
Maximum
Development
Potential
Hospital3 57,934 sf 956 (-91) 1.46 85 (-44)
1 = Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 720
2 = Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 610
The existing use for the subject property, parking for the surrounding hospital and medical
buildings, does not generate trips. The traffic analysis above compares the expected traffic
generated by the maximum medical/dental office building use and the maximum development
potential allowed by the proposed I District and I Future Land Use Plan category. Based on the
Institute of Transportation Engineers Trip Generation Manual, the proposed Future Land Use
Plan category could generate up to 85 more PM Peak Hour trips onto Ft. Harrison Avenue than
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the existing parking lots. While the proposed I land use plan category could generate more PM
Peak Hour trips than the existing use, the maximum PM Peak trips generated by the proposed
use would be 44 fewer PM Peak trips than could be generated under the existing category of
Residential/Office General (R/OG).
This analysis looks at scenarios. Any proposed development is reviewed by the Engineering
Department, which determines if a Traffic Impact study is required to determine possible
mitigation for a particular project. The City’s Comprehensive Plan does not permit roadways to
operate below an LOS of D at the PM peak hour. In the event that the site is redeveloped,
transportation concurrency must be met and mitigation may be required.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change. The subject site is located directly between two
existing transit routes along Jeffords Street (north) and Ft. Harrison Avenue (east).
Water
The current Future Land Use Plan category could use up to 2,900 gallons per day. Under the
proposed Future Land Use Plan category, water demand could approach approximately 5,800
gallons per day. The City of Clearwater Engineering Department has confirmed, however, that
the increase will not negatively affect the City’s current LOS for water.
Wastewater
The current Future Land Use Plan category could produce up to 2,300 gallons per day. Under
the proposed Future Land Use Plan category, sewer demand could approach approximately 4,600
gallons per day. The City of Clearwater Engineering Department has confirmed that the
proposed land use will not negatively affect the City’s current LOS for wastewater.
Solid Waste
Assuming a maximum medical/dental office use, the current Future Land Use Plan category
could result in the production of 66.63 tons of solid waste per year. Under the proposed Future
Land Use Plan category, the development of a hospital could generate 72.42 tons of solid waste
per year. The proposed Future Land Use Plan amendment will not negatively affect the City’s
current LOS for solid waste disposal.
Recreation and Open Space
The proposed land use plan amendment and rezoning will not impact the LOS of recreational
acreage or facilities due to available capacity. Should the site be redeveloped, Open Space,
Recreation Land and Recreation Facility impact fees may be required prior to the issuance of a
building permit. This will be determined as part of the development review process.
Attachment number 5
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Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in additional degradation of the existing LOS to the adjacent roads.
Further, there is a minimal impact to water, wastewater, and solid waste service as each has
adequate capacity to handle the maximum potential increase in demand generated by this
proposed amendment. Open space and recreation facilities and mass transit will not be affected
by the proposed future land use plan category.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. These parcels are primarily parking for the
associated hospital buildings and have trees located in interior landscape islands and perimeter
buffers. Prior to development of the subject property, the stormwater management system will
be required to meet all City and Southwest Florida Water Management District (SWFWMD)
stormwater management criteria. Water quantity and quality will be controlled in compliance
with the Clearwater Comprehensive Plan.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. Any
redevelopment would require compliance with the City’s tree preservation and storm water
management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed Institutional (I) District boundaries is consistent with the
boundaries of the subject parcels, which are generally rectangular. The proposed I District is
compatible with the surrounding institutional uses.
The location of the proposed I District boundaries is logical and consolidates this property into
the appropriate zoning district. The I zoning district is a compatible district with the adjacent I
zoning districts located to the immediate north, south, east and west.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
Attachment number 5
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SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from the R/OG classification to the I classification
for the subject site and rezoning from the O to the I District is requested. The proposed site is
developed primarily as parking for the Morton Plant Hospital campus. The request makes the
Future Land Use Plan classification and zoning designation for these parcels consistent with the
surrounding property. As indicated earlier, this request was approved in 1995 but due to an error
in processing, was not legally effective at the time. These amendments would complete the
process.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
Recommend APPROVAL of the Future Land Use Plan amendment from the Residential/Office
General to Institutional Classification and rezoning request from the Office designation to the
Institutional designation
Prepared by Planning Department staff: _______________________________
Lauren Matzke, Planner III
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Plan Map
Zoning Map
Existing Surrounding Land Use Map
Site Photographs
Attachment number 5
Page 8 of 8
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Appoint Councilmembers as representatives on Regional and Miscellaneous Boards.
SUMMARY:
Regional and Miscellaneous Boards
2009
Appointments
Board (Date/Time of Meeting) Delegate
Tampa Bay Regional Planning Council (TBRPC) Petersen
(2nd Monday – 10:00 a.m.)
Mayor’s Council of Pinellas County Hibbard
(1st Wednesday – 11:30 a.m.)
Barrier Island Governmental Council Cretekos
(4th Wednesday – 9:00 a.m. – location TBA for each meeting) Doran – Alt.
Tampa Bay Partnership Board of Governors Hibbard
(as called)
Tampa Bay Partnership Policy Board Hibbard
(bi-monthly – 9:00 a.m.)
Tampa Bay Estuary Policy Board Gibson
(Quarterly – 1:30 p.m.)
Councilmember highly recommended
Homeless Leadership Network Petersen
Doran
Courtney Campbell Scenic Highway Citizen Advisory Committee Doran
(3rd Friday – 11:00 a.m.)
Area Agency on Aging of Pasco/Pinellas Kerry Kimball
(bi-monthly – 1:30 p.m. 2nd Monday) Office on Aging Mgr
Pinellas Collaborative Committee Cretekos
(1st Wednesday – 9:00 a.m.)
School Transportation Safety Committee Cretekos
(1st Wednesday – 9:00 a.m. – every other month)
Suncoast League of Cities Board Cretekos
The following Boards have the specific term expiration date noted:
Pinellas Planning Council (PPC) Doran
(3rd Wednesday – 9:00a.m.)
(term expires 12/31/2010, two-year term)
Board (Date/Time of Meeting) Delegate
Cover Memo
Pinellas Suncoast Transit Authority (PSTA) Gibson
(4th Wednesday – 9:00 a.m.)
(term expires 9/30/2009, three-year term)
Metropolitan Planning Organization (MPO) Hibbard
(2nd Wednesday – 1:00 p.m.)
(term expires 9/11/2009, four-year term)
Sister Cities Advisory Board Petersen
(term expires 12/31/2010; four-year term
Pension Advisory Committee (PAC) Petersen
(2nd Thursday – 9:00 a.m.) 4/4/2009
(two-year term) Gibson
4/4/2010
Doran
4/4/2010
Appointments by other entities
Downtown Development Board Ex-Officio Members Petersen
(CRA Trustees) Doran
Convention Visitors Bureau (CVB) Petersen
(County makes appointment)
WorkNet Pinellas Board Cretekos
(term expires 6/30/2009; two-year tem)
U.S. Conference of Mayors Hibbard
Florida League of Mayors Hibbard
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City in the matter of PIERCE 100, INC., a
Florida Condominium Association, on behalf of its Unit Owners v. City of Clearwater. (consent)
SUMMARY:
On December 1, 2005, City Council authorized the City Attorney to hire Jeffrey L. Hinds, Esquire, as outside counsel to represent the
City in the matter of PIERCE 100, INC., a Florida Condominium Association, on behalf of its Unit Owners v. City of Clearwater, et
al. The funding for these outside counsel services came from the Memorial Causeway Bridge project budget.
Since such date, Mr. Hinds has become a shareholder in the law firm of Bricklemyer Smolker and Bolves, P.A.
At this time, the City Attorney requests Council to authorize entering into a Legal Services Agreement, for the outside counsel services
of Jeffrey L. Hinds, Esquire, of Bricklemyer Smolker & Bolves, P.A. This agreement will supersede any prior agreements between the
City and Jeffrey L. Hinds, Esquire.
There is no request for additional funds at this time.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ____ day of __________, 2009, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater,
Florida, 33758-4748 (the "City") and Bricklemyer Smolker & Bolves, P.A., 500 East
Kennedy Boulevard, Suite 200, Tampa, Florida, 33602-4825 (“Counsel").
W I T N E S S E T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in the
following matter:
PIERCE 100, INC., a Florida Condominium Association, on behalf of its
Unit Owners v. City of Clearwater.
NOW, THEREFORE, in consideration of the promises and mutual
covenants herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide
its professional services for the following matter: Representation of the City of
Clearwater in PIERCE 100, INC., a Florida Condominium Association, on behalf of
its Unit Owners v. City of Clearwater.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and
Counsel agree to a rate of $200.00 per hour for attorney services and a rate of
$90.00 per hour for paralegal services for Bricklemyer Smolker & Bolves, P.A.
SECTION 4. TERM. This Agreement will be effective commencing April
16, 2009.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses
shall be made by the City to the firm for reasonable out-of-pocket expenses as
determined by the City Attorney without markup, including but not limited to long
distance calls and facsimiles, copying or reproducing documents, postage, court
costs, parking costs and travel incurred by Counsel in performance of the duties
hereunder. Travel and per diem costs as well as auto travel expenses shall not
exceed that which is available to City of Clearwater employees.
Attachment number 1
Page 1 of 3
2
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents
free and harmless from and against any and all losses, penalties, damages,
settlements, costs, charges, professional fees or other expenses or liabilities of
every kind and character arising out of or due to any negligent act or omission of
Counsel or its employees in connection with or arising directly or indirectly out of
this Agreement and/or the performance hereof. Without limiting its liability under
this Agreement, Counsel shall procure and maintain during the life of this
Agreement professional liability insurance in the amount of $1,000,000. This
provision shall survive the termination of this Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and
Counsel that Counsel is not aware of any clients of the firm that currently present
any conflict between the interests of the City and other clients of Counsel. If any
potential conflict of interest arises during the time Counsel is representing the City,
Counsel will promptly inform the City. The City is under no obligation to agree to
permit the conflict representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. This Agreement may be amended only by a writing duly entered into by
the City and Counsel.
SECTION 9. COURT REPORTER SERVICES. D & D Reporting Services
is the City Attorney’s Office’s preferred vendor for all court reporter services,
including the use of court reporter services by the City’s outside counsel. Counsel
agrees to use D & D Reporting Services whenever possible.
SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel
may cancel or terminate this Agreement upon ten days advance written notice to
Counsel. In the event of cancellation, Counsel shall immediately cease work
hereunder and shall be reimbursed for eligible and documented reimbursable
expenses incurred prior to the date of cancellation. Further, it is understood and
agreed between the City and Counsel that Jeffrey L. Hinds, Esquire, will be the
lead attorney assigned by the firm to provide the services contained herein. The
City in its absolute discretion may immediately terminate this Agreement upon
written notice to the firm if the services of this attorney are unavailable to the City.
SECTION 11. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each
party shall bear its own costs and that jurisdiction for such an action shall be in a
court of competent jurisdiction in Pinellas County, Florida.
Attachment number 1
Page 2 of 3
3
SECTION 12. PRIOR AGREEMENTS. This agreement shall
supersede any prior agreements between the City and Jeffrey L. Hinds.
IN WITNESS WHEREOF, the City and Counsel have executed this
Agreement as of the date first written above.
Countersigned: CITY OF CLEARWATER,
FLORIDA
___________________________ By:________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ __________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
BRICKLEMYER SMOLKER &
BOLVES, P.A.
__________________________
By: Jeffrey L. Hinds, Esquire
__________________________
By: Jay J. Bartlett, Esquire
Chief Operating Officer
and Vice President
Attachment number 1
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Clearwater Ratings Reports
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Clearwater High School Basketball Team in 2009 State Finals
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Proclamation: Clearwater and Nagano's 50th Anniversary as Sister Cities
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Clearwater Poetry Day Proclamation
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
North American Occupational Safety and Health Week Proclamation - Barbara Cooksey, local ASSE Chapter President
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:4/13/2009
SUBJECT / RECOMMENDATION:
Occupational Safety and Health Professional Day Proclamation - Barbara Cooksey, local ASSE Chapter President
SUMMARY:
Review Approval:1) Clerk
Cover Memo