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04/15/2009City Council Agenda Location: Council Chambers - City Hall Date: 4/15/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Clearwater Poetry Day Proclamation LB Attachments 4.2 North American Occupational Safety and Health Week Proclamation - Barbara Cooksey, local ASSE Chapter President ID Attachments 4.3 Occupational Safety and Health Professional Day Proclamation - Barbara Cooksey, local ASSE Chapter President ID Attachments 4.4 Proclamation: Clearwater and Nagano's 50th Anniversary as Sister Cities 1B Attachments 5. Approval of Minutes 5.1 Approve the minutes of the April 2, 2009 City Council Meeting as submitted in written summation by the City Clerk. 1B Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 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. 10 Attachments 7.2 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. 1B Attachments 7.3 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. LB Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 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) Attachments City Manager Reports 9. Consent Agenda 9.1 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) 1B Attachments 9.2 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) 1B Attachments 9.3 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) 1B Attachments 9.4 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) 1B Attachments 9.5 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) 1B Attachments 9.6 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) 1B Attachments 9.7 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) ID Attachments 9.8 Appoint Councilmembers as representatives on Regional and Miscellaneous Boards. 1B Attachments 9.9 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) Attachments 9.10 Reappoint C.W. "Bill" Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Plan. (consent) 1B Attachments 10. Other Items on City Manager Reports 10.1 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. ID Attachments 10.2 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 1B Attachments 10.3 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. 1B Attachments. 10.4 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. G Attachments 10.5 No item 10 Attachments 10.6 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. ID Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports LB Attachments 12. Council Discussion Items 12.1 EAB Shore Birds 10 Attachments 13. Other Council Action 13.1 Other Council Action LB Attachments 14. Adjourn ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Poetry Day Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date:4/15/2009 Cover Memo Item # 1 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 SUBJECT / RECOMMENDATION: North American Occupational Safety and Health Week Proclamation - Barbara Cooksey, local ASSE Chapter President SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 SUBJECT / RECOMMENDATION: Occupational Safety and Health Professional Day Proclamation - Barbara Cooksey, local ASSE Chapter President SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Clearwater and Nagano's 50th Anniversary as Sister Cities SUMMARY: Review Approval: 1) Clerk Meeting Date:4/15/2009 Cover Memo Item # 4 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the April 2, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 10 Unapproved Present: Also present: CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 2, 2009 Frank Hibbard George Cretekos Carlen Petersen John Doran Paul Gibson William B. Horne II Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call The Mayor called the meeting to ordeR offered by Reverend Jay Sloan of Central Chu of Allegiance. To provide continuity for rd necessarily discussed in that orde 4 - Presentations: hours summation Councilmembel Councilmember Peters nvocation was hLled the Pledge nda order although not water restrictions and said after- Requested that Agenda Item 12.2 be corrected to reflect Aye." Terrell Kirk offered his business consulting services to the City. Dru Jeanis expressed concerns with City sign codes. Council 2009-04-02 Mayor Vice-Mayor Councilmember Councilmember Councilmember 1 Item # 5 Councilmember Petersen moved to approve the minutes of the March 19, 2009, City Council Meeting as corrected. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Attachment number 1 Page 2 of 10 Public Hearings - Not before 6:00 p.m. 7 - Second Readings - Public Hearing 7.1 Adopt Ordinance 8039-09 on second reading, amending Section 33.028, Code of Ordinances, to allow the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually. Ordinance 8039-09 was presented for second readi Councilmember Cretekos moved to adopt Ordinance 80 motion was duly seconded and upon roll call, the vote "Ayes": Cretekos, Petersen, Doran,?iMn, an "Nays": None. 7.2 Adopt Ordinance 8045-09 on seconc Year ending September 30, 2009, to refl expenditures for the General Fund Stormwater Utility Fund Solid Wast Fund Parkin Fund and Central Insu Ordinance 8045- presentE Councilmember Gibs adopt motion was duly se d and roll "Ayes": os, rsE 4'% e. 7.3 A rdinance i1o on c increa n Develo ec clin seco ing nc was: I read by title only. second and final reading. The SV n et for the Fiscal ses in reve and pecial Progra Fund, Fund. Marine Fund. Airpark ad by title only. nd and final reading. The Dor ibson, and Hibbard. eadina. amendina the Capital Improvement B Ordina \sed wa sented"for second reading and read by title only. Councilmember ov adopt Ordinance 8046-09 on second and final reading. The motion was duly an n roll call, thevote was: "APetersen, Doran, Gibson, and Hibbard. "Nays": None. 7.4 Adopt Ordinance 8047-09 on second readina. annexina certain real Droperty whose Dost office address is 2350 Lake Shore Drive and unaddressed parcel at the corner of First Street East and Third Avenue North, together with the right-of-way of Fourth Avenue North abutting Lots 12,13 and 14, the right-of-way of First Street East abutting Lots 1 and 14, and the right-of- way of Third Avenue North abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13 of Block 47, into the corporate limits of the city and redefining the boundary lines of the city to include Council 2009-04-02 2 Item # 5 Attachment number 1 Page 3 of 10 said addition. Ordinance 8047-09 was presented for second reading and read by title only. Councilmember Doran moved to adopt Ordinance 8047-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. t East and Third Avenue North together with ht-of- Fourth Avenue North na Lots 12.13 and 14. the riaht-of-wav of F' reet East ab Lots 1 and 14. and th Ordinance 8048-09 was pres nted for eco a dread by ti ly. sna Councilmember Cretekos moved t t nce on second and f?Wl reading. The motion was duly seconded and upo he vote "Ayes": Cretekos, Peters son, a bard. "Nays East qjM Lots 1 an ri ht-o - Third Avenue North abuttin Lots 1 2 and 3 of Blo and Lots 10 ah 1 lock 47. Mon annexation into the Citv of Clearwater. as Ordina \sed wa sented"for second reading and read by title only. Councilmember ved dopt Ordinance 8049-09 on second and final reading. The motion was duly an n roll call, thevote was: "APetersen, Doran, Gibson, and Hibbard. "Nays": None. City Manager Reports 8 - Consent Agenda - Approved as submitted. 8.1 Approve a contract to Cairns Corporation of Tampa, Florida, for the renovation of the Council 2009-04-02 3 Item # 5 Attachment number 1 Page 4 of 10 existing Fire Station 48 facilities in the amount of $391,970.70, which is the lowest responsible bid in accordance with specifications, and authorize the appropriate officials to execute same. consent 8.2 Reappoint Dennis G. Roper and appoint Edward O'Brien to the Airpark Advisory Board with term(s) to expire April 30, 2013. 8.3 Appoint Councilmember Paul Gibson as Vice Mavor (consent Councilmember Doran moved to approve the Conse nda as submitted and that the appropriate officials be authorized to execute same. The was duly seconded and carried unanimously. 9 - Other items on City Manager Reports 9.1 Authorize the execution of a Joint Partici Clearwater and the State of Florida Department the Clearwater Airpark and adopt Resolution 09-1 The FDOT has agreed to pr °o maximuq cameras, digital recorders, card read ge at th $166,799.00. Upon executi 315-94858, Airpark a mid-VW bu is i1?l11llllll6unt Councilmember 09-11 t o adopt Re 09-11 an was duly seco and upon tween Agreement :pa Transpo or se secon d e in "A "Nays": ing to install new security fencing, Larwater Airpark in the amount of enMill establish capital project $166,799.00. 'ed to aut a the execution of a Joint Participation ate' the State of Florida Department of ms le ater Airpark. The motion was duly ? nd read by title only. Councilmember Doran moved )riz appropriate officials to execute same. The motion II, the vote was: , Doran, Gibson, and Hibbard. 9.2 Approve the Utilitv Work by Hiahwav Contractor Aareement with the State of Florida Department of Transportation (FDOT) in the amount of $1,929,092.70 for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the FDOT's SR 55 (US19) from north of Whitney Rd. to south of Seville Blvd. Protect, adopt Resolution 09-13 and the appropriate officials be authorized to execute same. Council 2009-04-02 4 Item # 5 Attachment number 1 Page 5 of 10 The Florida Department of Transportation (FDOT) has designed the roadway improvements of SR 55 (US19) from north of Whitney Rd. to south of Seville Blvd. Improvements will include an overpass at Belleair Rd. The project is due to go out to bid on June 1, 2009, and construction is currently scheduled to begin in September of 2009. This roadway improvement project will necessitate the relocation or adjustment of the City's water, reclaimed water and sanitary sewer mains and appurtenances within the project limits. The City of Clearwater's Engineering Department has coordinated the design for these utilities with FDOT representatives. FDOT will receive bids for the combined roadway improvements and utility relocation work and make award of contract to the low bider. In recent weeks the FDOT has introduced tem protect the traveling public and property owners durin, roadway, drainage and utilities. These are currently b which may change the overall cost of constructionA The amounts included on this agenda are subject to change as the design progress contractor's bid and may vary from this amount. FDOT. The breakout of the engineerestimate Capital Project: Water Line Relocation Reclaimed Water L Sanitary Utility Reloca ire the engineer',r e exact costs will cal sheet walls as a means to and excavation for the kd for locations and necessity $482,274.50 $372,822.50 $1,929,092.70 reimburs financing. the project Ii lution 07-2 ain Watelidenti ojects ciated with ovem1Wr 1, 2007, establishing the City's intent to project costs incurred with future tax-exempt revenue bonds as a funding source were included in Sufficient b for in financing or funding with 2009 Water and Sewer Revenue Bond proceeds when ailable in projects 0376-96742, Line Relocation - Capitalized in the amount of $1,073, and 0376-96739 Reclaimed Water Distribution System in the amount of $482,274.50 an 376-96634, Sanitary Utility Relocation in the amount of $372,822.50 for a total of $1,929,092.70 for this contract. Councilmember Cretekos moved to approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) in the amount of $1,929,092.70 for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the FDOT's SR 55 (US19) from north of Whitney Rd. to south of Seville Blvd. Project. The motion was duly seconded and passed unanimously. Council 2009-04-02 5 inary estimate, and C ed by the bid by $1,073,995.70 Item # 5 Attachment number 1 Page 6 of 10 Resolution 09-13 was presented and read by title only. Councilmember Gibson moved to adopt Resolution 09-13 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. na the aDDrogri The Florida Department of Transporta DOT) has designe oadway improvements of SR 55 (US19) from south of Se Ivd. of SR 60. ovements will include an overpass at Seville Blvd. e project is to bid on Ju 009, and construction is currently scheduled in Septe 009. This roadwa improvement project will necessitate the relocatio ent of th s water, reclaimed water and sanitary sewer mains and appurtenan w projec . The City of Clearwater's Engineering Department has coordinat e d r these es with FDOT representatives. FDOT ve bids f e com adw provements and utility relocation work and contrac th In recent wee FDOT introdu emporary critical sheet walls as a means to protect the traveling pub d pr owners ng underground excavation for the roadway, 11111 d utili rren eing reviewed for locations and necessity, which eral of con mounts incl on th enda item are the engineer's preliminary estimate, and are subjec hange as th ign p sses. The exact costs will be determined by the contractor's d may vary this a unt. The project will be competitively bid by FDOT. The bre of the en is estimate is as follows: Capital Project: Expense Code: Amount: Water Line Relocation: 'W 0327-96742-563800-533-000-0000 $1,372,394.15 Reclaimed Water Line Relocation: 0376-96739-563800-533-000-0000 $338,120.00 Sanitary Utility Relocation: 0376-96634-563800-535-000-0000 $374,108.75 Total: $2,084,622.90 Council 2009-04-02 6 Item # 5 Attachment number 1 Page 7 of 10 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 0376-96739 Reclaimed Water Distribution System in the amount of $338,120.00 and 0376-96634, Sanitary Utility Relocation in the amount ilable in 0327-96742, Line of $374,108.75. Sufficient budget and Utility R & R revenue A a Relocation - Capitalized in the amount of $1,372,394.15. Councilmember Petersen moved to approve th Agreement with the State of Florida Department of TrA $2,084,622.90 for the relocation of existing potabl facilities impacted by the FDOT's SR 55 (US40srsel 60 Project. The motion was duly seconded Resolution 09-14 was presented and adopt Resolution 09-14 and authori he ar was duly seconded and upon roll c o The F1q (US 19) from N improvements, the design. ork by Highway Contractor FDOT) in the amount of water and sanitary sewer ;v ulevard to north of SR FranspWation (FDOT) has a project to widen/improve SR55 outh of Seville including roadway, sidewalk, other ie those existing Clearwater Gas facilities which conflict with Council originally aWved this item on August 21, 2008, in the amount of $70,576. are asking for a $93,809 increase due to new construction designs included in the roadway plans mandated by the FDOT. Under the Utility Work By Highway Contractor Agreement (UWHCA - Lump Sum), the State of Florida's Department of Transportation general contractor will perform the relocation of existing natural gas mains. Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Council 2009-04-02 7 Item # 5 Attachment number 1 Page 8 of 10 Councilmember Cretekos moved to approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 256881-1-56-07/Pinellas County, SR55 (US 19) from North of Whitney to South of Seville, at an estimated cost of $164,385. The motion was duly seconded and passed unanimously. Resolution 09-15 was presented and read by title only. Councilmember Gibson moved to adopt Resolution 09-15 and authorize the appropriate officia to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gi "Nays": None. 256881-2-56-07/Pinellas Cou esumaieg cost execute same. S US 19 Hibbard. ville to Nor SR 60, at an the aoorooria officials to The Florida Department of Trani (US 19) from South of S North c improvements, and u ' de th the design. Council originall3q are asking 908 i plans m [ Florida's natural gas contractor insl releases Clea the Utility Lrtment of Taving tl natural Funding for th and Service Lines. ha oject to widen/improve SR55 Load dewalk, other Miter G facilities which conflict with st 21, 2008, in the amount of $39,427. We action designs included in the roadway ay Contr`tor Agreement (UWHCA), the State of neral contractor will perform the relocation of existing a's Department of Transportation general allows for work to be done in a timely manner and penalty payments. is available in capital project 315-96377- Pinellas New Mains Councilmember Petersen moved to approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60, at an estimated cost of $94,335. The motion was duly seconded and passed unanimously. Council 2009-04-02 -1 8 Item # 5 Attachment number 1 Page 9 of 10 Resolution 09-16 was presented and read by title only. Councilmember Doran moved to adopt Resolution 09-16 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Miscellaneous Reports and Items 10 - City Manager Verbal Reports - None. 11 - Council Discussion Items 11.1 Setting Budget Meetings ' Staff directed to set one meeting for Ju during a council meeting week in Au ust. 12 - Other Council Action Councilmembers reported on e in upcoming events and e? d condole s Councilme reteko nked to during Spring Trainih honors retireme and meetings participated, reviewed hnrad. r support of the Phillies gineering Department for receiving top Lieutenant Wayne Andrews for his recent r Police Volunteers for their efforts and generous donation of $18 96. 13 - Adjourn The meeting adjou Attest: Council 2009-04-02 at 6:45 p.m. Mayor City of Clearwater 9 Item # 5 Attachment number 1 Page 10 of 10 City Clerk Council 2009-04-02 10 Item # 5 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 Item # 6 Attachment number 1 Page 1 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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 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; P40rri # 6 Attachment number 1 Page 2 of 20 Public Art and Design Program Guidelines August 7, 2006 City of Clearwater Public Art and Design Program 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 as part of the City' s 4.2 Acquisition: The accession of an into the City's 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 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 , 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 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. P40n? # 6 Attachment number 1 Page 3 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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 from the 4.10 Design Team: The collaborative team that includes, but is not limited to, an and at least one other 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 equal to or greater than $500,000, including but not limited to buildings, greenways, roads, parking facilities, bridges or other above- ground prof ects. 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 4.13 Maintenance Account: An account created for the maintenance and repair of artworks within the City's Ten percent of all non-restricted 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: _ _ 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 4.16 Public Art Collection: commission, purchase, gift, or 4.17 Public Art and Design Fund. for the donated to the City for through the budgetary process acquired by the City through other means. A separate accounting of monies received consisting of funds received from private development; funds and other funds allocated by the City P40ra # 6 Attachment number 1 Page 4 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 4.18 Public Art and Design Board: The seven-member board appointed by the City Council to administer the 4.19 Public Art and Design Program: The program created through requiring that 1 percent of the construction budget of be allocated for . Private development projects with an 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 There is a maximum required art expenditure of $200,000. 4.20 Public Art and Design Master Plan: A master plan established by the in cooperation with City staff. This plan will establish criteria, policies, and priorities for the . 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 '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 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; P40A # 6 Attachment number 1 Page 5 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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: P406 # 6 Attachment number 1 Page 6 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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; P40rfi # 6 Attachment number 1 Page 7 of 20 Public Art and Design Program Guidelines August 7, 2006 City of Clearwater Public Art and Design Program 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; P40r? # 6 Attachment number 1 Page 8 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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; P40r i # 6 Attachment number 1 Page 9 of 20 Public Art and Design Program Guidelines August 7, 2006 City of Clearwater Public Art and Design Program 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 P40rR # 6 Attachment number 1 Page 10 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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. Pagte1-a # 6 Attachment number 1 Page 11 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program 6.2 Methods for Selecting Artists August 7, 2006 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; Pagte% # 6 Attachment number 1 Page 12 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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. Temporary) 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 ' 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." PagoeN # 6 Attachment number 1 Page 13 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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: 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. Buffet: Adequate to cover all costs for the design, fabrication, insurance, transportation, storage, and installation of the proposed artwork, plus reasonable unforeseen circumstances. Pagte1-a # 6 Attachment number 1 Page 14 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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. Timeline: A proj ect 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 Pagte1-4 # 6 Attachment number 1 Page 15 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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. PagoeM # 6 Attachment number 1 Page 16 of 20 Public Art and Design Program Guidelines August 7, 2006 City of Clearwater Public Art and Design Program 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: PagoA # 6 Attachment number 1 Page 17 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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 PagteW # 6 Attachment number 1 Page 18 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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 Pagoe1fi # 6 Attachment number 1 Page 19 of 20 Public Art and Design Program Guidelines City of Clearwater Public Art and Design Program August 7, 2006 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. Pagte1-R # 6 Attachment number 1 Page 20 of 20 Public Art and Design Program Guidelines August 7, 2006 City of Clearwater Public Art and Design Program 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. Pagog6l # 6 Attachment number 2 Page 1 of 2 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 solo^+S the °r+,",^r , 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. Item # 6 Attachment number 2 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Laura Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. E -6% ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 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) Item # 7 Attachment number 2 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: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 7 I \I.».9111a ?11 Fil¦.L\13.`g/_vl. ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 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) Item # 8 Attachment number 2 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 THE 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: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 8 a a a 0 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 (0) 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 (0). 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. Cover Memo Item # 9 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Attachment number 1 Page 1 of 8 w DRUID RD = w DRUID RD F , ' Vii - - - JASMINE WAY L. Q m PROJECT SITE MAGNULw LOTUS PATH F JEFFORDS ST 0 Q ? a 0 ... .. Z GRAND CENTRAL .. . "mom .: Sf..XN .. .... : Yf ? S . .•.• i2.. : S :l.li{'S i..•t :%1': y:i"? ffr.n •'Y: .i:r }S}.' 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'.y'•. r.•? -:..?? . :•r :::: {?.. ;{?...; ....f:::•::;?: ;ik.. • .f. : },::: vy:.':....f :::.?:::5i•?'•:... ..{:::: s5.:.;: ,i}: r • ••: }•;;d?'1'.' ?r?.• s ?ti:::Rr;.. {?.-.. . . • ' : i ' '• •• _ _ _ , .:,.{ ?•ti,....,;5 `• ?.. .: , }. !ti' a,?: a}? . { ,•ti? `S :S 11 • YS' :!Y11 :Y11 : .:... ??"?'• :r r=- •i: i :i ?:' :i } ? }r: ?:•= ::'i: ::'i i : ?• .. . . . . : : : . . . . .. ... :. N .. {i.?: •? ti:::rr . ?.. ?.::? ti:::..rr y. ::: :::? ?:.: ..r .. y.. :::? ?:. .r.?: '? ?: .•y..? ?: •y.? ?: ?:::: •"• d •Jf ..:.: .. . • : • • • • . . . .. • `I= ?f• A _: 1:' '•_?:ti-:' ';;'{••?.?::ti??:ti-: r??;;'{'•?.?.::{?'.ti-:: .?_.. .r.;{Ly :::..?.. :{f.;{L{:::......•••.f.ti •4{.,-•. .y •`r`??y?•. ~ s - •: : : .. ..r f•}•... fr?•:.•' r' f-}'.•• 5.r. r .'rr ,'{:: ;r..-.. , };.:. r..;..?; ::•: };.:. r..,?..?; ::.; : .. 'i ?:r`:f? .: ]'x?': !i •. .Y i• -1:;:•::Ii:..:• -1. ;. .Ir:-•: ••• ?I. ;. .Ir:-•: ••• ?I.:. .li:.. :.i.:. :1 ?•-• ?:I.:. .l •..••... ..i. ?. • • { { 5 ?5 5y• Existing Surrounding Uses Map Owners: Morton Plant Hospital Association, Inc. Case: LUZ2008-11003 303 Pinellas Street; Property Site: 323 Jeffords Street & 300 Pinellas Street; and 1 33 acres . Size (Acres): Unaddressed Parcel on Reynolds Avenue Land Use Zoning 21-29-15-96678-002-0010; 21-29-15-00000-120-1500; PIN : and From : R/OG O 21-29-15-74574-000-0080 To: I I Atlas Page: 305B S:\Planning DepartmentT D B\Land Use Amendments\LUZ 2008\LUZ2008-11003 - MortonPlant\Maps\EXISTING.docltem # 9 Street Attachment number 1 LUZ2008-11003 Morton Plant Hospital Association 303 Pinellas Street; 323 Jeffords Street and 300 Pinellas Street; and Unaddressed Parcel on Reynolds Avenue Item # 9 Page 1 of 3 View looking west at the subject parcel, 303 Pinellas Street View looking northwesterly from the subject parcel, 303 Pinellas View looking east from the subject parcel, 303 Pinellas Street View looking southwesterly from the subject parcel, 303 Pinellas View looking south along Bay Avenue View looking north along Bay Avenue Attachment number 1 LUZ2008-11003 Morton Plant Hospital Association 303 Pinellas Street; 323 Jeffords Street and 300 Pinellas Street; and Unaddressed Parcel on Reynolds Avenue Item # 9 Page 2 of 3 View looking northeasterly from the subject parcel, 323 Jeffords Street and 300 Pinellas Street View looking north at 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 northwesterly from the subject parcel, 323 Jeffords Street and 300 Pinellas Street View looking west along Pinellas Street View looking east along Pinellas Street Attachment number 1 LUZ2008-11003 Morton Plant Hospital Association 303 Pinellas Street; 323 Jeffords Street and 300 Pinellas Street; and Unaddressed Parcel on Reynolds Avenue Item # 9 Page 3 of 3 View looking southeasterly from the subject parcel, Unaddressed View looking east at the subject parcel, Unaddressed Parcel View looking west from the subject parcel, Unaddressed Parcel View looking northeasterly from the subject parcel, Unaddressed Parcel View looking south along Reynolds Avenue View looking north along Reynolds Avenue Attachment number 2 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.18W2*19 Attachment number 3 Page 1 of 2 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 (1); 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 Legal description attached hereto (LUZ2008-11003) Land Use Category From: Residential/Office General (R/OG) To: Institutional (1) 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 Futt?reemap? Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 8023-09 Attachment number 3 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 9 2 Ordinance No. 8023-09 Attachment number 4 Page 1 of 2 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 227 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 87 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 (1) 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 Item # 9 Ordinance No. 8024-09 Attachment number 4 Page 2 of 2 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 8024-09 Attachment number 5 Page 1 of 8 CDB Meeting Date Case Number: Owner/Applicant: Address Agenda Item March 17, 2009 LUZ2008-11003 Morton Plant Hospital Association / Michael Delk, Community Development Coordinator 303 Pinellas Street, 323 Jeffords Street and 300 Pinellas Street, and an unaddressed parcel located east of 323 Jeffords Street on Reynolds Avenue EE-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. SITE INFORMATION (b) Rezoning from the Office (O) District to the Institutional (I) District. 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: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category ZONING DISTRICT: Current District: Proposed District: Hospital Hospital Residential/Office General (R/OG) Institutional (I) Office (O) Institutional (I) Community Development Board - March 17, 2008 - Case LUZ2008-11003 -Page 1 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 2 of 8 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. L 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. Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 2 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 3 of 8 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. 13.1.4 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. Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 3 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 4 of 8 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. Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 4 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 5 of 8 NIAXINI[fNI POT ENTIAL TRAFFIC Current Existing Proposed Net New Ft. Harrison Avenue: Pinellas Street to Situation Plan Plan Trips Jeffords Street Categor ) Categor 2 y y Maximum Daily Added Potential Trips N/A 227 223 (4) Maximum PM Peak Hour Added Potential Trips N/A 22 22 0 Volume of Ft. Harrison Avenue between Pinellas 18,022 18,249 18,245 (4) Street and Jeffords Street LOS of Ft. Harrison Avenue between Pinellas F F F F Street and Jeffords Street 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. 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 Hospital 57,934 sf 956 (-91) 1.46 85 (44) 1 = Institute of Transportation Engineer's Trip Generation 8" Edition Land Use 720 2 = Institute of Transportation Engineer's Trip Generation 8"' 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 Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 5 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 6 of 8 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. Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 6 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 7 of 8 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. Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 7 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 Attachment number 5 Page 8 of 8 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 Community Development Board - March 17, 2009 - Case LUZ2008-11003 - Page 8 of 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8894.1.LUZ2008-11003_Staff Report.doc Item # 9 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 Emergency Operations Project Detail Activity 1999 - 2009 Year Description Revenues Expenses Balance 1998 (5,761.79) 1999 FL Dept Community Affairs 286,775.00 281,013.21 1999 Supplies & Mtls 6,918.19 274,095.02 2000 FL Dept Community Affairs 2,677.30 276,772.32 Supplies & Mtls 276,772.32 2004 Payroll expenses 84,387.76 192,384.56 Debris removal 48,005.40 144,379.16 Supplies & Mtls 48,095.48 96,283.68 2005 Central Insurance Funding 1,100,000.00 1,196,283.68 FEMA Reimbursement 1,674,666.74 2,870,950.42 Payroll expenses (34,024.25) 2,904,974.67 Equip Rental & Debris removal 854,239.92 2,050,734.75 Supplies & Mtls 107,660.88 1,943,073.87 Reimburse Central Insurance 1,100,000.00 843,073.87 Reimburse General Fund 339,010.37 504,063.50 2006 FEMA Reimbursement 73,658.49 577,721.99 Central Insurance Funding 1,000,000.00 1,577,721.99 Supplies & Mtls 22,491.01 1,555,230.98 Generator & trailer 28,985.00 1,526,245.98 2007 Shelter Review 3,896.96 1,522,349.02 Generators 57,395.90 1,464,953.12 2008 Engineering 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 2009 Nortel phone system for EOC 92,061.00 1,228,473.12 Item # 10 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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 Comme nts: 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 City of Bid Required?: Yes Bid Number: Clearwater RFP #12- 05 Other Bid / Contract: Bid Exceptions: None Review 1) Office of Management and Budget 2) Solid Waste/General Support Services 3) Office of Management and Budget 4) Solid Approval: 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 Item # 11 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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 Sheriffs Association & Florida Association of Counties Contract 08-16-0908. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $48,437 For Fiscal Year: Appropriation Code 2007 to 2008 Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None $63,288 $232,872 0316-94234-564100-519-000- $232,872.00 L/P CIP 0000 Review 1) Purchasing 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 12 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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 Comments: Current Year Cost: $412,875 Not to Exceed: $412,875 For Fiscal Year: 2008 to 2009 Appropriation Code Amount 0315-96164-563700-539-000- 412,875.00 0000 Budget Adjustment: None Annual Operating Cost: 0 Total Cost: $412,875 Appropriation Comment 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 Item # 13 Attachment number 1 Page 1 of 1 (jj p Q W LW U z > ROGERS d Q Q U Q W > 0) Q ST Q T mer x PINE ST Q) w U) } z p p m ° ir_ :ST) p (If p zz J Y p m _ Of J > O U -1 2 OD W LL Q -C m Q Z Q U DRUID RD j ? Q > ° Q > Q <9ON T Q z? ST CROYDON DR 2 p p F Z 0 J° KENMOORE DR m W DR O Q n ° X W W z MAGNOLIA w O o ? O? ?? Z) MAGNOLIA m w w 0 Q Q Y O RIPON DR of Of U m = RIPON DR z OAK LAKE DR JEFFOR DS wp KENDALL DR U) 1O w Q? U MEADOW LA 0 p J O O BEVERLY p CIR N v? Y O BRENTWOOD O DR LAKEVIEW w Q DR Q Q GRACELYN O Martha z DGNt\fV ° ° o o ? LL fY W ED w Q U JEFFORDS ST REBECCA DR 0 REBECCA O z VSANDRA DR w ? DR RD CC n CC 0 0 ° Y Q O Allen Creek CR-488 10R°?- SANDRA LEES CT w Q CORONET I DIPLOMAT N *Aftal 1Y? 1r LIMITS OF WORK Aliens Creek W- E Prepared by: Engineering Department Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 em # 13 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: AM Date: 8/1/2008 Grid #: 308A S-T-R: 24-29s-15e Scale: 1"=600' www.MyClearwateccom iviap uocumem: (v:?Uio? iempiatesmewo x i i.mxa) 11/2 1 /2007 -- 10:45:40 AM Attachment number 2 Page 1 of 22 r... l•.. 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H n :R7 Q Q tiy? e u s 5 V R n Attachment number 2 Page 22 of 22 Item # 13 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 11 and III. • Phase 11 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 Ham Blvd. • Phase III consists of replacing approximately 900' undersized pipe that is upstream of phase 11. 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 $1,250,000 of SWFWMD (337900) to CIP 0315- 96170, Coastal Basin Projects.. A copy of the SWFWMD agreement is available in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Other Yes Budget Adjustment: Annual Operating Cost: Total Cost: to Yes Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 1 SHELLEY SEVILLE BLVD RD PEARCE DR Phase III Phase I Phase II a;. a%oo Location of Tropic Hills Outfall Improvment Project and Phases " W E Prepared by: Engineering Department Geographic Technology Division Drawn By: JHH Reviewed By: E$ Date: 11/16/07 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.M Clearwateccom Grid # 310A S - T - R 20-29s-16e Scale: N.T.S. Item # 14 Map Document: (V:\GIS\Engineering\Location Maps\Tropic Hills Outfall Improvements.mxd) 11/21/2007 -- 8:36:44 AM Attachment number 2 Page 1 of 30 I I Nam 03 - -ter-- - ? - - - -_ - - _ ,_. J. 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L Oil, 11,11 I'll I Item # 14 OF I _ ate: _ .,?: ..4 i?7_'r ::^r.'_.??_? _ -:?.•r -C-_--. _ _ i:L??, _ 17*1 Attachment number 2 Page 26 of 30 I 71 IL lilliolilli Irl- -ism Item # 14 i M MEOW hill, Attachment number 2 Page 27 of 30 Item # 14 Attachment number 2 Page 28 of 30 "ENTER WeEM IN Item # 14 Attachment number 2 Page 29 of 30 e A Item # 14 Attachment number 2 Page 30 of 30 Y.i Item # 14 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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- 1,261,299.59 See Summary 000-0000 0315-92273-563700-541- 313,313.86 See Summary 000-0000 Cover Memo Item # 15 0376-96742-563800-533- 62,755.00 See Summary 000-0000 0376-96634-563800-535- 25,157 See Summary 000-0000 Bid Required?: Yes Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 1 J u o¢oQo °z} w GRAND CENTRAL W ? _ U ST of AVE LAKEV I E W W D ST g E a McLENNAN JQ73 C BLVD. _ o? \ of O PROJECT SITE Harris Williamson Y (0 O J Vernon v w E ;r; City of Clearwater Engineering Department s Lake Bellevue Stormwater Improvements Drawn By. S.K. Reviewed By: E.S. Scale: N.T.S. Grid # 306A S - T- R 2-29s-15e Date: 04/17/07 PINELLAS a s F- Of a ? P?NE?? 2 TUSKAWILLA ST :T:.sEa:w:i1la:: C7 z d? W W W 00 ? Q Q ? Oe?QSe? z O Y = SOUTH z J O z C7 Q Q o z_ = KING J LEY o! Q W a QUEEN Harvey Item # 15 WOODLAWN ST Attachment number 2 Page 1 of 6 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. Page 1 Item # 15 Attachment number 2 Page 2 of 6 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: WITNESS: SURETY By: ATTORNEY-IN-FACT COUNTERSIGNED: Page 2 Item # 15 Attachment number 2 Page 3 of 6 CnNTR A CT 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. Page 3 Item # 15 Attachment number 2 Page 4 of 6 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. Page 4 Item # 15 Attachment number 2 Page 5 of 6 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: William B. Horne, II City Manager Countersigned: By: Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (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). Attest: Cynthia E. Goudeau, City Clerk Approved as to form (Seal) Camilo Soto Assistant City Attorney (Contractor) By: (SEAL) Page 5 Item # 15 Attachment number 2 Page 6 of 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 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 15 F Z O O O 6? IXi CI M O (O O W V O N M V of M O O (O N I? N LL? W LL? O LL? O LL? X LL? O 0 LL? O 0 LL? ? I? N O O LL? O O LL? O O O W O V O O LL? r V cC O O (O O of (O O LL? V LL? O O O O O O V O LL? V V LL? N N O (O O W N O O O N I? O O O O O M S M M O LL? O N r O of LL? O O O of O r of O r of O of O O O O V N O O LL? U) W W F W O O O O R I? O M O r LL? N O N LL? V N N (O I? O N I? W of W N W V r V O V N N V I? N O O M N r N O (O V W V I? LL? M O N O r N W M M V N O of N M M O V LL? N O N N O V r _ O O V LL? V V LL? V M V V O O V O M (O N O V N LL? O M I? M N O of O O of M O I? V Q U) LL? IXi r r r r N M r r LL? 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LL Q ? N 00,6 A - - °S J J W y J = U ? U } a _ wN z d ? F ? v ?O ri M r v r U) M M Z 0 Z U LL O Q V O to r O of ? p Y y K » » » z0 M O u a U °fn W Q U_ W a Z m O O N a z L6 H Z 00 v °v v °v ro J a o H ?aM 0 ? v N o a CO M Q __ a O Z LL fA fA fA N U a i y c z in 'Q U Z j ? Y a Z 13 u u? o o co Q ?j w F 7 o ro v ro o Q Z F n O Q v (MO ri O ro Q w M W F J y LL A A A ?N(9 U W J c d z 0 M O H I N v 7 rn -zz m OOHJ c°o = y F= Q LL Q U w U z w - » K z w O I p?- H M W 1 > z Q Q U a I Q p 0U j N a Z 1 ? 1 7 12 I F p F ' z ° t7 UM ' Z ? Q M Q r d y Z W J » O LL z U O O W 0 N p U U m W °m K 13 J c J ? Q Z U 7 0 0 0 0 M M M M c6 c6 O M V O M M WE O N H O N _ M W O Z O c N N F N U W o F W Q N H K p p W Z m J 0 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 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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: Current Year Budget?: Budget Adjustment Comments: See attachment Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure None to Budget Adjustment: Annual Operating Cost: Total Cost: No Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 1 O O O O O O O 0 O 0 V (0 N (0 O N O O O O O O W O O V O O 1 M V (0 V 1- (0 O O O w U O (O CO O (0 M CO V N O (O CO N (0 N 06 M v w v m G E aQ > O ? C O W OI 7 m M } O O O N M O O (O O O 0 O O V (O Q M O r M V 0 00 (O 00 (O r O O M 00 O M r N 00 O O O O O O 0 O V 0 M O 0 O O 0 (O V V 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 Q O Q (0 V W -a W 0) 7 O r CO I- M r O M (O 0 (O 0 M N 0 M N r I- 00 M (O M O O O V O M r W In 00 M O In (0 r r C \l r O W V r M O In G In M (O 'IT M M (0 [- V In M V O 0 V O U) 00 N Oo CO a m W O r V O M M H Q M V N 00 00 a' ' O O O n O O O O O O O O O O V M M N O N O O O O a W N O O V O O r V (O a O W E } LL rn (0 ro O ((00 } = t Ln CO V 0) _ N O (O E O N (0 N V Q Q M O V N V O O (O M O 00 M O (O M O Q O N O (0 O V 0 0 0 O O N 0 M N M 0 M M M O O ? O N I? 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(? Z (7 ? ? ? Z Q > w p LLi > ? W Z W ? 0 a v U) 0 Y Q (D W w 2 J W z (n ~ p H Q W W J W 0 (n N Q Q Z LLJ W O Q Q z Y Y F- (/J d > Z Q Q W d' (j 2 > Z Q Q Z W Q - 0 a O 2 U H - O 0 a O d 2 O a LLJ F- a W W O 0 W 7 a Z W W X of W H Y H W 7 z W y X Y o LLJ Q y W a' („) Q (n W W Y U W W W LL' a Z z W a' M W W Y U W W W of a Z } W LLJ U } LLJ Z U U } LLJ Z U J C1 (n W a ~ Z 0 a m O W J M } Z 0 Q 00 Y J ¢ w a z p W J w ? CO Z Q m > Z a U W (n O J W O H w U CO 0 H (q (n J (n a 0 a uJ -1 w H W U m 0 H (j O j 2 0 ? a Z W U Y m Q a (n (n z z Q 2 Z w Q ~ J ¢ ?j 2 Z W m Q a (n (n Z Z Q ? Z W Q ~ U Q ? Q ? O u> O > W a W 0 a w Y 0 J Z q § w J Fr ( J af O > W ? Q O w m U Q O > W LLJ Y J z g LLJ J a J O > W ? Q O W H I- of H ? g J J a J H I- W 7 W I- H J LL J a J I- H m ? (n a (n a ¢ Im- ¢ ¢ w w ¢ a CO (A (n < < (A ¢ (A (A U Item # 16 ' l City Council Agenda Council Chambers - City Hall 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: Meeting Date:4/15/2009 Cover Memo Pinellas Planning Council (PPC) Doran Item # 17 (3rd Wednesday - 9:00a.m.) (term expires 12/31/2010, two-year term) Board (Date/Time of Meeting) Delegate 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 Item # 17 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 SUBJECT I 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 Item # 18 Attachment number 1 Page 1 of 3 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the day of , 20097 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'). WITNESSETH: 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. Item # 18 Attachment number 1 Page 2 of 3 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. 2 Item # 18 Attachment number 1 Page 3 of 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: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney 3 CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk BRICKLEMYER SMOLKER & BOLVES, P.A. By: Jeffrey L. Hinds, Esquire By: Jay J. Bartlett, Esquire Chief Operating Officer and Vice President Item # 18 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 Item # 19 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: Annual Operating Cost: Total Cost: to None Cover Memo Item # 20 Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Attachment number 1 Page 1 of 11 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 20098, 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 200913" 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 Resolution No. 09-12 Item # 20 Attachment number 1 Page 2 of 11 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. 2 Resolution No. 09-12 Item # 20 Attachment number 1 Page 3 of 11 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 shall not be in the excess of 1.00% 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 shall not be in excess of 1.00% of the principal amount thereof, (iii) the final maturity shall not be later than December 1, 2018, and (iv) the principal amount shall not be in excess of the 3 Resolution No. 09-12 Item # 20 Attachment number 1 Page 4 of 11 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. 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 4 Resolution No. 09-12 Item # 20 Attachment number 1 Page 5 of 11 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. SECTION 12. (a) Pursuant to the Bond Ordinance, the City Manager and Finance Director are hereby authorized, after consultation with the City's Financial Resolution No. 09-12 5 Item # 20 Attachment number 1 Page 6 of 11 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 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 6 Resolution No. 09-12 Item # 20 Attachment number 1 Page 7 of 11 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 modified, 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 Resolution No. 09-12 Item # 20 Attachment number 1 Page 8 of 11 Approved as to form: Attest: Pamela K. Akin City Attorney J:\wdox\Docs\Clients\25341 \003\O RDRES\00295866. DOC Cynthia E. Goudeau City Clerk Resolution No. 09-12 Item # 20 Attachment number 1 Page 9 of 11 EXHIBIT A PURCHASE CONTRACT Item # 20 Attachment number 1 Page 10 of 11 EXHIBIT B PRELIMINARY OFFICIAL STATEMENT Item # 20 Attachment number 1 Page 11 of 11 EXHIBIT C CONTINUING DISCLOSURE CERTIFICATE Item # 20 Attachment number 2 Page 1 of 19 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 Item # 20 Attachment number 2 Page 2 of 19 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. 2 Item # 20 Attachment number 2 Page 3 of 19 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 3 Item # 20 Attachment number 2 Page 4 of 19 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 juri sdictions. (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; 4 Item # 20 Attachment number 2 Page 5 of 19 (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 5 Item # 20 Attachment number 2 Page 6 of 19 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 6 Item # 20 Attachment number 2 Page 7 of 19 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 7 Item # 20 Attachment number 2 Page 8 of 19 (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 0) 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 (1) 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 8 Item # 20 Attachment number 2 Page 9 of 19 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 o£ (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. 9 Item # 20 Attachment number 2 Page 10 of 19 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. 10 Item # 20 Attachment number 2 Page 11 of 19 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: I I Item # 20 Attachment number 2 Page 12 of 19 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 * Maturity Amrninf 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, A-1 Item # 20 Attachment number 2 Page 13 of 19 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 * Maturity Amount 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 * Maturity Amrninf 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 * Maturity Amrninf 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. A-2 Item # 20 Attachment number 2 Page 14 of 19 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 B-I Item # 20 Attachment number 2 Page 15 of 19 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(1)(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 B-2 Item # 20 Attachment number 2 Page 16 of 19 SCHEDULE 1 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 B-3 Item # 20 Attachment number 2 Page 17 of 19 EXHIBIT C OPINION OF BOND COUNSEL C-1 Item # 20 Attachment number 2 Page 18 of 19 EXHIBIT D OPINION OF CITY ATTORNEY D-1 Item # 20 Attachment number 2 Page 19 of 19 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 E-1 Item # 20 Attachment number 3 Page 1 of 63 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 betaken 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 • Preliminary, subject to change. Item # 20 Attachment number 3 Page 2 of 63 SERIES 2009A BONDS PRINCIPAL AMOUNTS, INTEREST RATES, MATURITIES, YIELDS AND CUSIPS $ Serial Bonds Maturing Maturing December 1 Principal December 1 Principal of the Year Amount Coupon Yield CUSIP of the Year 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 Maturing December 1 Principal December 1 Principal of the Year Amount Coupon Yield CUSIP of the Year 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: Item # 20 Attachment number 3 Page 3 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 Item # 20 Attachment number 3 Page 4 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. Item # 20 Attachment number 3 Page 5 of 63 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 Item # 20 Attachment number 3 Page 6 of 63 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 11 Item # 20 Attachment number 3 Page 7 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 Item # 20 Attachment number 3 Page 8 of 63 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 (1) 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. 2 Item # 20 Attachment number 3 Page 9 of 63 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. 3 Item # 20 Attachment number 3 Page 10 of 63 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 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: 4 Item # 20 Attachment number 3 Page 11 of 63 Year * Maturity Amrnint 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 * Maturity Amnunt, 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 * Maturity Amnunt, 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: 5 Item # 20 Attachment number 3 Page 12 of 63 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 6 Item # 20 Attachment number 3 Page 13 of 63 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 7 Item # 20 Attachment number 3 Page 14 of 63 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. Payment 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 8 Item # 20 Attachment number 3 Page 15 of 63 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 9 Item # 20 Attachment number 3 Page 16 of 63 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. 10 Item # 20 Attachment number 3 Page 17 of 63 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 11 Item # 20 Attachment number 3 Page 18 of 63 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] 12 Item # 20 Attachment number 3 Page 19 of 63 13 Item # 20 Attachment number 3 Page 20 of 63 DEBT SERVICE REQUIREMENTS Fiscal Year Ending Series 2009 Bonds 30-Sep Paritv Bonds Principal Interest 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 14 Total Aggregate Total Item # 20 Attachment number 3 Page 21 of 63 SOURCES AND USES OF FUNDS Series 2009A Bonds SOURCES Principal Amount of Series 2009A Bonds $[2009A Bond Amount] *.00 Original Issue Discount Total Sources TTgRq Deposit to Construction Fund $ Deposit to Reserve Fund Costs of Issuance including Underwriter's Discount _ Total Uses $ Series 2009B Bonds ROTTPCER 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 $ 15 Item # 20 Attachment number 3 Page 22 of 63 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. 16 Item # 20 Attachment number 3 Page 23 of 63 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 17 Item # 20 Attachment number 3 Page 24 of 63 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 Name of User Revenues % of Total Produced Revenues 1. Church of Scientology FSO Inc. $ 440,437 1.87 2. Morton Plant Hospital 295,652 1.26 3. Pinellas County Schools 241,499 1.03 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 $2,060,480 8.77 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. 18 Item # 20 Attachment number 3 Page 25 of 63 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* Sewer Year 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: 19 Item # 20 Attachment number 3 Page 26 of 63 Ten Largest Sewer Customers Fiscal Year Ending September 30, 2008 Revenues % of Total Name of User Produced 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 20 Item # 20 Attachment number 3 Page 27 of 63 followed by 6% annual rate adjustments in FY 2012 and each year thereafter. See, Appendix F - Rate Study." The City enacted Ordinance 7913-08 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 9,538,513 9,891,581 9,731,000 10,703,000 10,897,000 Coverage 1.36 1.43 1.51 1.47 1.44 (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 21 Item # 20 Attachment number 3 Page 28 of 63 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 22 Item # 20 Attachment number 3 Page 29 of 63 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 (1) 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 23 Item # 20 Attachment number 3 Page 30 of 63 respect to insurance companies subject to the tax imposed by Section 831 of the Code, Section 832(b)(5)(B)(1) 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. 24 Item # 20 Attachment number 3 Page 31 of 63 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. 25 Item # 20 Attachment number 3 Page 32 of 63 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. 26 Item # 20 Attachment number 3 Page 33 of 63 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 27 Item # 20 Attachment number 3 Page 34 of 63 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 28 Item # 20 Attachment number 3 Page 35 of 63 APPENDIX A GENERAL INFORMATION REGARDING THE CITY Item # 20 Attachment number 3 Page 36 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. Item # 20 Attachment number 3 Page 37 of 63 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 A-2 Item # 20 Attachment number 3 Page 38 of 63 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 A-3 Item # 20 Attachment number 3 Page 39 of 63 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 A-4 Item # 20 Attachment number 3 Page 40 of 63 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 (a) Year Population (b) Per Capita Personal Income (c) (d) (e) Median School Unemployment Age Enrollment 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. A-5 Item # 20 Attachment number 3 Page 41 of 63 Property Values and Construction Last Ten Fiscal Years Commercial Construction Residential Construction Number Number Total Assessed Fiscal of of Property Value Year Permits Value Permits Value (a) 1999 1,821 90,770,055 5,624 37,677,855 6,349,561,534 2000 2,666 177,565,812 5,483 30,355,644 6,555,350,175 2001 2,313 164,741,145 5,512 34,182,620 7,108,110,272 2002 2,192 108,881,146 5,440 36,490,317 7,858,986,677 2003 1,820 189,656,956 6,071 54,107,088 8,556,134,526 2004 1,864 202,893,792 6,325 59,345,196 9,461,860,503 2005 1,823 136,505,693 7,423 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 end ing September 30, 2008. A-6 Item # 20 Attachment number 3 Page 42 of 63 41 it O O sir ^? ? it V •H ? V ? O U W .? C.' 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GO O l0 i. i. .O W W yU w 01 01 01 01 01 01 01 01 01 01 ,? t y a p 01 01 01 01 01 01 01 01 01 01 O M -N O Z U ? r? Ol M ? N N O ?1 V'1 GO ?O M M M M GO GO V'1 c ? ? ? CC ' ' +' GO GO V 1 N O ' N 01 V 1 ' 01 C U i.i U C ? ? "O U ? CC M ?O GO .--i V 1 GO N 01 V 1 .--i y W U CC U ? w U U CC "I . O O p 'O w C, O •yy ? ?r U U GO GO N O GO 01 V'1 N 4 C, O U U ,0 --i ca . . O. --. p . . ?. O •? . V'1 01 ?O M O M V'1 M . O --? ? --? ? M 4. g.- M ?O GO .--i V'1 GO M 01 V'1 N {U.i / p N 69 N N M M M ? ? V'1 V'1 ? ? CC ? ? ? ? ?+ 01 O --? N M V'1 ?O ? U 01 O O O O O O O w --? N N N N N N N A-8 0 1A ? GO U --i N O O y? U U N N O p O C ? ? Item # 20 Attachment number 3 Page 44 of 63 a? P4 H it CCI bA Z 4.r O o i~r ?I y ? bA 60 a CCI CCI r.. it Ci .. it A 00 r- d1 d1 d1 00 \O M \O O l? O? O? O N O O? N l? O? ? M M M ? ? ? M ? N O N N N N N N N N N N -- N N N N N l? W-? 00 -- `O `O `O `O `O N 4.1 O . C? N U U S.. H Q O U O C? O U O U C/) O _O O U Q ? Q U U U w 0 0 0 0 0 0 0 0 o N OM 000 O O O O O O O O O O O O O O -? -? l? l? l? O ? ? ? ? M M M M O `p O O O O O O O O O O O O O O O O O O O O M O l- l- W'? CO O -- -- -- -- -- t CO ? ? ? W? I:t O `O OM ? 01 OM N O O ? -- `p M 00 N d1 -- M d1 00 00 00 00 00 00 00 00 r- O O O O O O O O O ^? O O O O O O O O O O? co N N N O O O O co r- M M M M M M M 00 r- ^? O O O ? ? ? ? O l? 01 O -- N M W? `O r- 00 ? N N N N N N N N N A-9 F." O ? N ? N C O U .y Q O ? a C O N C 3 C o .? o •,? N 0 0 w M r` t o by 0 - C O G' w Q. p ? o p U ti ? W ._ U O f? O Ct N by ? Sr" N a O Cz ?Uoo U cd ? O b?C 'O Cz Cz o d?d 0 Item # 20 Attachment number 3 Page 45 of 63 City of Clearwater, Florida Principal Real Property Taxpayers Current Year and Nine Years Ago September 30, 2008 2009 1999 Percentage Percentage of Total of Total city city Taxable Taxable Taxable Taxable Taxpayer Assessed Assessed Assessed Assessed REAL PROPERTY Value Rank Value Value Rank Value Bellweather Prop. LP Ltd $123,725,100 1 1.16% $81,862,900 1 1.97% Clearwater Mall 45,686,200 2 0.43 Taylor, John S. III 44,793,000 3 0.42 22,596,600 4 0.54 Park Isle Condo Dev. LL 39,850,000 4 0.37 Sand Kay Association Ltd. 38,600,000 5 0.36 19,300,300 5 0.46 Weingarten Nostat Inc. 32,333,000 6 0.30 W R I Countryside Centre 7 0.30 LLC 32,000,000 United Dominion RLTY 8 0.29 Trust 30,775,000 ZOM Bayside Arbors Ltd. 28,488,600 9 0.27 19,215,400 6 0.46 Duff, Andrew R. - Trustee 25,200,000 10 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 R eport for period e nding Sept ember 30, 2008; Pinellas Cou nty Property Appraiser. A-10 Item # 20 Attachment number 3 Page 46 of 63 City of Clearwater, Florida Ratio of Net General Bonded Debt to Taxable Assessed Value and Net Bonded Debt Per Capita Last Ten Fiscal Years Net Ratio of Net General Taxable Net General Bonded Assessed General Bonded Debt To Debt Fiscal Value (a) Bonded Assessed Per Year Population (000) Debt Value 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 "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] A-11 Item # 20 Attachment number 3 Page 47 of 63 City of Clearwater, Florida Legal Debt Margin Information Last Ten Fiscal Years (amounts in thousands) Fiscal Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Debt Limit 830,744 870,699 931,415 1,026,014 1,116,032 1,236,804 1,395,730 1,631,179 2,028,832 2,128,847 Total Net Debt Applicable to Limit $ 116,410 121,644 167,938 254,873 243,518 249,370 236,154 247,706 230,639 224,224 Legal Debt Margin $ 714,334 749,055 763,477 771,141 872,514 987,434 1,159,576 1,383,473 1,798,193 1,904,623 Legal Debt Margin Calculation for Fiscal Year 2006 Assessed valuation of non-exempt real estate Debt Limit (20% of assessed valuation per City Charter) Debt applicable to limit: Revenue bonds $ 240,725 Capital leases 11,492 Less: Amount set aside for repayment of bonded debt (27,993) Legal debt margin Total Net Debt Applicable to Limit as Percentage of Debt Limit 14.01 13.97 18.03 24.84 21.82 20.16 16.92 15.19 11.37 10.53 $10,644,255 2,128,847 224,224 $ 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. A-12 Item # 20 Attachment number 3 Page 48 of 63 City of Clearwater, Florida Computation of Direct and Overlapping Debt September 30, 2008 Governmental Unit City of Clearwater Net General Obligation Debt Outstanding Percent $- N/A Amount 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%). A-13 Item # 20 Attachment number 3 Page 49 of 63 APPENDIX B EXCERPTS FROM THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008 Item # 20 Attachment number 3 Page 50 of 63 APPENDIX C FORM OF ORDINANCE 6915-01 AND RESOLUTION 2009-[ ] Item # 20 Attachment number 3 Page 51 of 63 APPENDIX D FORM OF CONTINUING DISCLOSURE CERTIFICATE Item # 20 Attachment number 3 Page 52 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 Item # 20 Attachment number 3 Page 53 of 63 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; 2 Item # 20 Attachment number 3 Page 54 of 63 (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 3 Item # 20 Attachment number 3 Page 55 of 63 (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.aov/lnfo/muniCiDal/nrmsir.htm. 4 Item # 20 Attachment number 3 Page 56 of 63 Subsequent to the Effective Date, the term "National Repositories" shall mean the Municipal Securities Rulemaking Board established pursuant to Section 1513(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. 5 Item # 20 Attachment number 3 Page 57 of 63 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: City Clerk By: Mayor 6 Item # 20 Attachment number 3 Page 58 of 63 APPENDIX E FORM OF BOND COUNSEL OPINION Item # 20 Attachment number 3 Page 59 of 63 APPENDIX F RATE STUDY Item # 20 Attachment number 3 Page 60 of 63 APPENDIX G SCHEDULE OF RATES, FEES AND CHARGES Item # 20 Attachment number 3 Page 61 of 63 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 October 1, October 1, October 1, October 1, October 1, Nonresidential Water Rates 2004 2005 2006 2007 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 d esignated mi nimums. Rates for Irriaation (Lawn) October 1, October 1, October 1, October 1, October 1, Meters 2004 2005 2006 2007 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 1 Item # 20 Attachment number 3 Page 62 of 63 Sewer Rates Size of Meter Minimum- Under 1 inch 1 inch 1.5 inch 2 inch 3 or 2 inch manifold 4 inch 6 inch 8 inch Per 100 cubic feet of water used over that allowed in minimum October 1, October 1, October 1, 2004 2005 2006 Gallons 14.58 15.60 16.53 34.02 36.40 38.57 486.00 520.00 551.00 1,132.38 1,211.60 1,283.83 1,744.74 1,866.80 1,978.09 3,358.26 3,593.20 3,807.41 8,626.50 9,230.00 9,780.00 14, 580.00 15, 600.00 16, 530.00 4.86 5.20 5.51 2 October 1, October 1, 2007 2008 17.52 18.75 40.88 43.75 584.00 625.00 1,360.72 1,456.25 2,096.56 2,243.75 4,035.44 4,318.75 10,366.00 11,093.75 17, 520.00 18, 750.00 5.84 6.25 Item # 20 Attachment number 3 Page 63 of 63 APPENDIX H SPECIMEN MUNICIPAL BOND INSURANCE POLICY Item # 20 Anacnmem numoer 4 Page 1 of 6 CONTEWROG tDISCIAMR&C v RTMC W I t CMTSII? .]. PibAAdd Be ", for the Modmed by > ?? FkvrWa 'requ&ww is staid tho enW protaW * Am Item # 20 Attachment number 4 Page 2 of 6 'fimmmal statamenu on su d and *hall prov sLuMad ed ato*meau ** w= im r bk comps (B) to it1w twt t?=t CA;ad& 1 _ finwwal fi AVAI Offl" nt p" ? "W W" the emu "d iftuanm, O I. U *-a bi ,fioa Mthe WAD et c- `&Ubr c an &" AWIMM 0 : SCFMUU OF U t AM CAE," a m 4d =y ""=ad in ins gable wbdo aw mud in wbich w=U bo maw to a haWn or prompecti" hoWws tt Some . . Por pu of paW d Dtime swe Owdficats, "PUad Yfte twww the fir, or vwh of of pwvRW by sit .w. period d*n pmvwe 00 Nom. Revosftmm or Securities of Mowing :, 'sue e-mmt w t to 9 Boa& t x s oklity to MXPOd W the ,6nd _t ;(B) 1' on- t rehil*d d ds&uha; U d d draws .; Attachment number 4 Page 3 of 6 Item # 20 Attachment number 4 Page 4 of 6 Mft. IS, ) (the "FAwd" DIat ), t term aNauonsi R it w to winch the Isswr sh&U prm t Woata bbd is Sens 2 a S above, to the extent uhn(? ", ads tbw tom, fir _ miomssas assipw 181ee''barg Mina 100 Rte" Pu* Drive iSkMjzaai4 New Jay PIWIW. Omi" Fax; some-Ms (B) FT Interactive Dau A. NRM= loo wmi=s et, lb'M Floor Now York ,New York 1OOM 'box] : 212/771-M9 Fax: 2121771* 390 (C) 8 =Urd * J`a's ud . 65 Water Street, 4fith Ploor N York, Now YoTk 10041, Vie: 212/4' Fay 2121,4&'3975 (Q) DP C Data Txe. t o" Drive Fort Lo. Now JotftY 07024 Pte: 201/346-0701 Pax Qom?-0107 B- W pads U- , ( A list of the nam" and addr - of all "gnated NAI 81 SWs Flax on Demand Service at 202/U2-8M and r"u"fiag doeument numb" Q or by vmtmg t 8Ws webeft a at Item #"20 Attachment number 4 Page 5 of 6 S u oKuexi to a tom, t term "N o it P t '° aim wo" the Rule. eatabisd put to n 15D(b)(1) oftM S"uAti" MW?ftp Act of 1934 SEMON S. NO 'ITT OF D A 's. NdMthetanding any other prwAsicft In the Otdiuanx* to the tt , ; ure of t I to ply with the pr one dthis D 1oeu C B to di&H aot be wasMai%d in pmt of d t ua d the Order; provided, however, mw Series WW Bondholder aetwn for mandamus 'foi% ep sble, by court ordo r , c axwe the Isom to comply with its obli ?tw fim*uvAer. For purpom* of this ewlosum Certificate, Bondholdee s wbe (A) has t p c 4ixw , to vote or cm"nt with rem to, or to ak"m of apt Boa W 2WO Bon& thmu h nomhum, depositories + oflier in rm s), or (B) is tmated the owner 4 a SaAes 200 d for tai micome to purposm thein ati= requixvd hvtointo be &sdased maybe ormUd bYra&rOnm i oth#r dwu , indu d 1 + , or debt Wu" of tfie lw r ted public til ts, whieh have b to ee of t Nati6 l Reposuoriss e the SM, it any, or t SEC. If t document neo*orut ed by r rea a aAMI QffUW a t, it m gt be available fiVM the . The Imue r diaH "ly idmtW ee dt im ut d by fOhftO*- SEC71ON 7, DI TWIM The Issuer may, from t=e to t or eapse a aiseemmation to a t it M CqxrYMg out its li the under tbis Dikloom Cartifimte, i may diechcp ouch agent, with or withoat appointing a wwomm d minat ng ap ut C71T & TERXINATION. The I"uwr'z ohl bong under this klo sam Cute shall mete upon 4) the 1eW , ? , prior redemption or payment fib of all of the Series Barden, or ) t ten of`t oofti nuing da owes r"u m ts 't Rule by ' Wative? jutdil car adndrdstntiv* ation. 5 Item # 20 Attachment number 4 Page 6 of `6 CTN 0 ABEEM. NotwitbAUnd a other provision d this T &"ui* ta, dia I r my ajiieM t 11isdosu C , and W ppnvision be f ;, such amondmont cwr war is isu m-ted by . opinim coumel that QV recognized in the of %U"l :ties laws, to ithe tbwtt & 1KIMent or waivvr Would myr in d at it l4 cause t u herein to plate the AtjU if amh or wai ?d b+ eve on the date 'h? but talUg into a omt saw s qu in or interprotati on of the R . SECTION 10. ADDITION "CAN. o in this deemed DwJosure CartMopte shall be to pin the lwnw fh= die mewu of d ssmm O iot nth in this III Caen or any other rasans of lion, ter indu g any other infortio?n m its qua tion drib" in won 2 here or nodoe of oc oe of a aiguMmat ant deed Section addition tb*t iah is r ,uir by this Diwbmift Cer te. If tb* Ieeuer chooses to dude ey motion in its annual rm n or notioe ooourre m ofa ei nt eve* in add to that which is specifiedLy'rKluired by the Disc4oswm rr ca* ih-e bout sb*U have a* ob n under this Disdomm C"-dfimto to data such or ind it in it* fi t gal infa-mation of occurrea of a of t nt the Ieeuer, becom an Obfipt . Pomon (as domed in the Rule) relating to the Free 2000 Pronds, the der its best e0rts to req such Obligated Poreft to ply 'nth all pr*Asioas dt1w Rnlo p bk to sueh Obl d Isereon. Did of lis day of Y, AMA City Clark Mayor s Item # 20 Attachment number 5 Page 1 of 1 2009 Water and Sewer Bond Projects Project Title Total Beach Walk 175,543 Bio Solids Treatment 3,431,721 WWTP Generator Replacements 2,599,393 WWTP Headworks 5,245,485 WWTP New Presses 1,560,000 WWTP Aeration Improvements 3,897,000 Liquid Disinfection 825,279 Sanitary Sewer Utility Relocation 914,549 Laboratory Facilities Upgade & Improvements 570,486 Water Pollution Control R & R 2,523,236 Sanitary Sewer R & R 9,591,250 WWTP East Bypass & Northeast Pump 462,000 Pump Station Replacement 3,942,791 Reclaimed Water Distribution System 3,400,996 Water Supply - Treatment 300,000 Line Relocation Capitalized 4,454,952 Meter/Back Flow Prevention Device Changeout 530,718 Water Service Lines 1,000,000 Elevated Water Tank Upgrades 948,128 Telemetry for Wells 227,990 Wellfield Expansion 2,582,370 Reverse Osmosis Plant #1 Expansion 4,903,790 Water Quality Monitoring Devices 591,745 Reverse Osmosis Plant #2 5,454,420 60,133,842 Item # 20 MLLCIL:IIIIICIIL IIUIIIUCI V Page 1 of 2 Can ? 17_ rA Obwa I the wid* an d mu6 BAM two an i #c raoWm a dftW wentf a LM'may t Pqnwmt BMW Anwim Son& cm be and to ftsew a ifts of pmjods. Item # 20 Item # 20 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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 Item # 21 Attachment number 1 Page 1 of 5 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. Ordinance No.18M*21 Attachment number 1 Page 2 of 5 2. One citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. nee niti?en ?.Mhe is a representative of these areas of laher engager! in heme 3. 4 One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 4. 6. One citizen who is actively engaged as a not-for-profit provider of affordable housing. 5. 7L. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 6. 9. One citizen who resides within the City of Clearwater. 7. 49. One citizen who represents employers within the City of Clearwater. 11 (lee niti?en Whe represents essential sepiines personnel as definer! in the Inn-al 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 heard shall re?iie`"Zestablished pelinie s ai-d nrnned? ordinannes luani?d pvarc?.?r-iurr-rcvr ?n anra-prvc ? vr?rt?rrv???cr development regulations, and adepted IGGal government GOMprehensive plan Of the Gity housing whole nrnteeting the ability of the property to appreciate in vela Ie The beard shall submit a r ert to the pity that leek ides rennmmendatinns nn and triennialhi arl ulr?a?T the.re-afte-1: e-vali-lates the implementation of affe-rd-able- housing areas; arcca-.r (ache pr ?ing of apprevals A f a °v nmeRt erd er dd eser n c - - expedited permitting fnr affordable heI Icing p d p reients m ndifinatinn of impant fee FeG Ilra (b) The m eRtS innli (ding r n nr ? TT l ? helms O i /nhe alln?nronne of flP-4ibi? ti_-_sSf R ddeRS (dd) The reserniation of infrastrl Intl ire napa er affordable hnI Icing nity fnr he icing for Vent manning distrints (f) TheredI Intien of parking and setba Gk er}ts ffel: affer Fe`" 6Ii re m aapic a g r cr rr vr 2 Ordinance No.18M*21 Attachment number 1 Page 3 of 5 ( ) The alln?nian?e of flevihle let n nnfi ,ratii onns inGludin + l ne zern_In g urations for affe rd Genfi ah housin le g , g ? i g - - - - g . (h) The mndifiration of /i he establishment Street ran, ,ir of o prnness ementS fo b ? Mhinh r affordahle ho, the p'4 ,Sinn idersb re y . +h a+ innreaSe the nn S+ of hn, ,Sinn r ara+inn of /i The o print V ed p, blip lands p S, ,i+ahle for affordahle hn , ,Sinn ff d /Lhe sannnrrt n nmon eoans nr+o+inn hi th e on jeT o empln men+ pen+erS and Miver!_i ice develnpm F en+S y the hoard Gf y 'S Innal innent0 The preyal b thP S+t e strate i - y ? . y _ reGnmmendatiQRS and its revi&ni of Innel overnment implementation g of reviousl g rmatiye vote of A m rennmm e Stra+e d {? s must he mode b - - -- -- P y a i nr it ef the - y rcvvrrrrrr c a?crcrc?rraQC ?)r T?°i cr rrr g membership of the heard taleen at a public hearing Notice of the time d y a J °'? c? ate and place nf th_e uhliG eaFiR f th n adept final hni,SO n n n invent; h Va rd t e VG strategy ft p g o f rt te - li d at e n s m ust be ublished On a news reGG)MMeR a er of eneral aid -I ;;tMen On GirQ p l -l l -I I I Il p p g p The nn+ine m,,S+ nnntain o Short and nnnniSe Summar o DiRellas (`n, Rt - . f the hn„Sinn y y i i i i i dered by the heard Th nr-ent ve strateg es reGOMmendat ons; to he r-Ans e not r-e M- ist nr eRtive strate ies reGOMmend atie ns fre m the beard the Git GA 1 InGil s hall ade t an V - g - -i . . s , y - - p Strategies it will implement in addition the heard mav• * * * * * * * * * * (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 fi, the city receives. Everv three vears. the Board shall sit seaarately as the Affordable Housina Adviso 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. Ordinance No.18M*21 Attachment number 1 Page 4 of 5 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. (0) 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 aaaroval by the board of the citv's local incentive strateaies 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 Housina Assistance Plan. Ordinance No.18M*21 Attachment number 1 Page 5 of 5 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.18M*21 Attachment number 2 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides City Attorney , 2009. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution Nde(di-#C21 ' l City Council Agenda Council Chambers - City Hall Meeting Date:4/15/2009 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: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: Other None Budget Adjustment: Annual Operating Cost: Total Cost: None Cover Memo Item # 22 For Fiscal Year: to Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 3 m o? m v m Q- E v F a Q x J m F m x W CO n x x w w W F Q W J U LL O U C N E E N O N U O J O v E M Z a x x a x x x x a 0 N V a Q I Q v ¢ 7 O 0 d - ¢ m a 1 M 0 Y K 12 Q E r ¢ K E ¢ K ` = IT E 10 W a 0 W 3 w E R a` x c c C Q F L L R w c 3 O d Z Q E O a` J G) C 2 r L N O v R d R V .Q R L C C F C O w 0 'o w v c 7 O 5, d S? 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Z U N U 0 ' 0 a 2 ? a 2 ? 0 O U m 3 m U) R 3 C LO 0) M ¢ O 0 E 0 t 0 N 0 I? 00 Q > E 7 > c 7 Q _ t m c O C a 9- L a y E = N 3 E 2 a ?a w O > Z C9 3 Q C7 E c = O O L O C9 W 0 H z W H O N R O E U V L CO N E N 0 ? W c ii o a J a N Q a 0 c 2 E a C W ! r = r Z 0 a o 2 7 w . R 0 0 ? C J ? m - E N v O „ E E - W 0 N R O C H ee - V 0 0 y O .R .R H a 03 0 . 2 R 2 Q O 0 R d d J Z fn fn Q Q 0 Q 0 0 ?2 Attachment number 3 Page 1 of 1 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(a myclearwater.com ADDITIONAL SHIP CONTACTS James R. Donnelly ADDRESS: 112. S. Osceola Avenue, Clearwater, Florida 33756 EMAILADDRE S S : j im. 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: XLL 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 Item # 22 Attachment number 4 67-37.005(9) FAC Page 1 of 1 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: S 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) Personally Known OR Produced Identification Type of Identification Produced Name of Notary (Typed, Printed, or Stamped) Signature 8/04 Attachment number 5 Page 1 of 2 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, Resolution Nt:904122 Attachment number 5 Page 2 of 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: Laura Mahony Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution Nt:904122 Attachment number 6 Page 1 of 25 CITY OF CLEARWATER a er SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2009-2012 Item # 22 Attachment number 6 Page 2 of 25 L PROGRAM DESCRIPTION: A. Name of the participating local government and Interlocal if Applicable: Citv 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 1 Item # 22 Attachment number 6 Page 3 of 25 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. 1. 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. 2 Item # 22 Attachment number 6 Page 4 of 25 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 3 Item # 22 Attachment number 6 Page 5 of 25 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. 4 Item # 22 Attachment number 6 Page 6 of 25 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. 0. 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 ci . 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. 5 Item # 22 Attachment number 6 Page 7 of 25 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 Strate2y: 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 6 Item # 22 Attachment number 6 Page 8 of 25 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. 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. 7 Item # 22 Attachment number 6 Page 9 of 25 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 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 8 Item # 22 Attachment number 6 Page 10 of 25 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 9 Item # 22 Attachment number 6 Page 11 of 25 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. It. 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 10 Item # 22 Attachment number 6 Page 12 of 25 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 11 Item # 22 Attachment number 6 Page 13 of 25 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. It. 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 Strate2y: 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 12 Item # 22 Attachment number 6 Page 14 of 25 • 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 13 Item # 22 Attachment number 6 Page 15 of 25 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. 14 Item # 22 Attachment number 6 Page 16 of 25 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. 15 Item # 22 Attachment number 6 Page 17 of 25 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 SHW, 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 16 Item # 22 Attachment number 6 Page 18 of 25 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 Strate2y: 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: 17 Item # 22 Attachment number 6 Page 19 of 25 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. 18 Item # 22 Attachment number 6 Page 20 of 25 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 P". 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 19 Item # 22 Attachment number 6 Page 21 of 25 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 20 Item # 22 Attachment number 6 Page 22 of 25 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. 21 Item # 22 Attachment number 6 Page 23 of 25 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 0 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, FXhihit F witnessed or attested adopting resolution is attached as 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. 22 Item # 22 Attachment number 6 Page 24 of 25 Disaster Self Certification Form Exhibit I. 23 Item # 22 Attachment number 6 Page 25 of 25 EXHIBIT "A" ADMIN BUDGET LHAP Template 6/06 Exhibit A Admin Budget 67-37.005 F.A.C. 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 aries and Benefits $ 88,384 ce Supplies and Equipment $ 17,022 vel Per diem Workshops, etc $ 2,044 rertising $ 119 $ 107,569.00 Fiscal Year 2011-2012 aries and Benefits $ 88,384 ce Supplies and Equipment $ 17,022 vel Per diem Workshops, etc $ 2,044 rertising $ 119 $ 107,569.00 Based on a distribution of Projected Program Income $ 975,692.00 $ 200,000.00 24 Item # 22 Attachment number 7 Page 1 of 2 LHAP Template 6/06 Exhibit D 67-37.005 J .A.C. CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: CITY OF CLEARWATER (1) The local government will advertise the availability of SHIP funds pursuant to Florida. Statutes. (2) All SHIP funds will be expended in a manner, which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for ids has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. () Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Hmising Assistance Phan shall provide for the expenditure of SHIP Binds within 24 months follov,-ing the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Flan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 1) An interlocal entity shall have its local housing assistance trust fu«d separately audited for each state fiscal year, and the audit forwarded to the Corporat i on as soon as possible. Item # 22 Attachment number 7 Page 2 of 2 LHAP Temp lait 6106 Exhibit D 67-37.005 F.A.C, Page 2 Certification (14) SLAP fiends will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from bath SKIP and the Low Income Mousing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LI C requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SKIP program requirements. (16) Fans shall be provided for periods not exceeding 30 years, except for deferred payment leans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420.907-907 FS, and,Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida has or hay not been implemented. ND't AMPVe,491c. Witness Witness Date OR Attest; (Seal) Chief Elected Official or designee William B. Lorne ll, City Manager Type Name and Title Approve to Form: Laura Mahony Assistant City Attorney. 2 Item # 22 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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 11 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 11 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 11 and III and renumber Article IV as Article 11 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 Item # 23 ORDINANCE NO. 8060-09 Attachment number 1 Page 1 of 2 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REPEALING ARTICLES II AND III OF CHAPTER 25, CODE OF ORDINANCES, RELATING TO TAXICABS AND PUBLIC CONVEYANCES; RENUMBERING ARTICLE IV OF CHAPTER 25, CODE OF ORDINANCES; AMENDING SECTION XIII OF APPENDIX A, CODE OF ORDINANCES, RELATING TO THE FEES CHARGED FOR TAXICAB AND PUBLIC CONVEYANCE PERMITS AND VEHICULAR STICKERS; AMENDING SECTION XXVIII OF APPENDIX A, CODE OF ORDINANCES, RELATING TO THE BUSINESS TAXES COLLECTED FOR THE OPERATION OF TAXICABS AND PUBLIC CONVEYANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, 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; WHEREAS, 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; WHEREAS, the Clearwater Police Department no longer has the resources to conduct physical inspections of taxicabs and public conveyances; WHEREAS, no other municipality in the Tampa Bay area conducts physical inspections of taxicabs and public conveyances; WHEREAS, the State Department of Agriculture is responsible for conducting inspections and certifying the accuracy of the taximeter; WHEREAS, there are currently no major taxicab companies operating with a business address within the City of Clearwater; and WHEREAS, 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; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA Section 1. Articles II and III of Chapter 25, Code of Ordinances, are hereby repealed; and Article IV is renumbered as Article II. Section 2. Section XIII of Appendix A, Code of Ordinances, is amended to read: XIII. POLICE DEPARTMENT: Ordinance No. 8060-09 Item # 23 Fees for services provided by the police department: Attachment number 1 Page 2 of 2 (1) Taxi perfflft (§ 26.071) (see-alse PUBLIG TRANSPORTATION GARRI€RS) .. 19.00 --- (see also PUBNG TRANSPORT-A IG RIERS` .........................................10.00 (3) TaxiGabip blip senvey nee'-vehivnle n1r?- P°vTrRit stieE ............................................. - nn M (4) Handbill distribution permits (§ 3.41) .........................................................10.00 (2)(6) Amusement machine permits (§§7.26, 7.42) ................................................10.00 W Letters of good conduct ............................................................................5.00 M Bank employee I.D. processing ..................................................................5.00 U5 W Fingerprinting: (a) One card .........................................................................................5.00 (b) Additional cards, each ........................................................................2.00 M Auto accident report copies--(Fee as set by Florida Statute) M (4-9) Event report copies--(Fee as set by Florida Statute) (-a-a-) Other report copies--(Fee as set by Florida Statute) JM (4? Administrative fee for processing background investigation (§29.27) ................50.00 Section 3. Section XXVIII of Appendix A, Code of Ordinances, is amended to read: XXVIII. BUSINESS TAX: Category No. 101.000 TAXICAB first vehicle (See note B and ehapteF 26, pFeef of 69.80 Plus each additional vehicle 25.20 107.000 TRANSPORTATION SERVICES (public conveyance bus station - 267.70 .nteFstate-. chartered, limousine, sightseeing) (See shapteF , note B) Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED If 14% Tobjert v d as t form urette J. Assistant ity Attorney y Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 8060-09 Item # 23 Apr. 11 2009 9:31AM Bay Area Metro, L L C No, 6094attaRhme%tnumber 2 Page 1 of 3 If it would help, I would be glad to get the management of the other tarsi companies operating in Clearwater together to help develop a fee structure and inspection process that would pay for the resources to continue inspections as well as protect the City of Clearwater and the taxi industry. I would even offer our facility in Clearwater, and my 50 years of experience, to help facilitate the inspections. Respectfully, Allen Weatherilt General Manager United Taxi (727) 507-2667 Office (727) 235-8937 Item # 23 AP r. 11 2009 9; 31AM Bay Area Metro, LLC No. 6094 attkhm?ntnumber 2 Page 2 of 3 April 11, 2009 Councilman Doran (John), I have mixed emotions about this. I have worked very bard over nay 50 years in the City to protect the City and the taxi industry from unscrupulous companies that feed off the tourists and the elderly. I do not know of any bad press or complaints that the City has had to deal with throughout the years in regards to the taxi industry. I felt it was partially because 25 years ago I worked hand in hand with the City to develop this Taxi Ordinance. The inspections are really just a once a year opportunity to keep everyone honest. Show that the companies are legitimate with permitted drivers that have had a current FBI background check. What if there is a known child molester or felon that decides to start a cab company, how are we going to catch them till it is too late? It is like when you get in an airplane you trust that the FAA has procedures and inspections in place to protect the passengers' safety. Taxi passengers think that there is someone watching over the taxi industry as well. As far as "Staff Recommendations:" I do not know what they are referring to with "Changes in the Business environment," I am not familiar with any regional changes. As far as the police department not having the resources: I made a suggestion to Chief Kline the other day that the industry should pay for the inspections. Raise the fees to pay for tee ins-Wdou, even high; to help the budget. Hillsborough County is in the Bay Area and they have very strict inspection of all the vehicles operating there. But again, the industry pays the fee to administer. "No taxi companies in Clearwater" (?) The two largest taxi companies in Pinellas County both have Clearwater addresses. (Clearwater Yellow Cab and United Taxi) As far as the 2009 audit, I don't know whether the taxi drivers' permit fees are included in that audit or not. My company sends all driver applicants to Clearwater for a taxi permit at $50 each. We have about 20 applicants per month that we send to get a permit plus once a year because of the inspection our 60 drivers renew their permit. That's approximately $9,000 annually in fees. Yellow Cab is three times our size. I don't know whether that is included in their audit, but if there are no inspections then there is no reason for drivers to get a permit. That probably contrt'bu tes to $30,000 annually. Item # 23 Apr-13- 2009 9:31AM Bay Area Metro, LLC e "We Ride Together" Bay Area Metro LLC. 16117 U.S.19 North Clearwater, FL 33764 (727) 535-0000 Office (727) 539-8492 Fax TO: Councilman Doran FROM: Allen Weatherilt FAX NO: (727) 562-4086 RE: Taxi, Inspection Message: Some of my thoughts. Date: April 13, 2009 Total Pages: 3 No, 6094 At4hmLtnumber 2 Page 3 of 3 Session Item # 23 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: No item SUMMARY: Review Approval: 1) Clerk Meeting Date:4/15/2009 Cover Memo Item # 24 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/15/2009 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. 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 Comments: Current Year Cost: $44,290.37 Not to Exceed: $44,290.37 For Fiscal Year: 2008 to 2009 Appropriation Code Amount 0315-92259-561200-541-000- $44,290.37 0000 Budget Adjustment: None Annual Operating Cost: 0.00 Total Cost: $44,290.37 Appropriation Comment 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 Item # 25 Attachment number 1 Page 1 of 6 I? WADETXXIM 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 E Vice President enclosures cc: Ken Sides, City of Clearwater Item # 25 Attachment number 1 Page 2 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 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. Item # 25 Attachment number 1 Page 3 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 Item # 25 Attachment number 1 Page 4 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, El, 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: David O. Theung, PE Vice President Wade Trim March 31, 2009 Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Item # 25 Attachment number 1 Page 5 of 6 ATTACHMENT A CITY OF CLEARWATER PROJECT BUDGET Sub consultant Task Description Services Labor Total 1.0 Pre- Design 1." 1.?- 1.3 2.0 Design Data Collection 2. 2.2 3.0 Final Design Plans Item # 25 Attachment number 1 Page 6 of 6 u rwater 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 All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 25 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Meeting Date:4/15/2009 Cover Memo Item # 26 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: EAB Shore Birds SUMMARY: Review Approval: 1) Clerk Meeting Date:4/15/2009 Cover Memo Item # 27 Attachment number 1 Page 1 of 1 TO: CITY MANAGER MAYOR CITY COUNCIL MEMBERS FROM: J. KEYES, PRESIDENT, CLEARWATER BEACH ASSC. SUBJECT; SHOREBIRDS AT OUR BOARD MEETING WE LEARNED ABOUT THE PLIGHT OF OUR NESTING SHOREBIRDS. THEY HAVE LESS AND LESS PLACES FOR NESTING AS OUR COAST IS ALMOST COMPLETELY DEVELOPED. WE STRONGLY URGE YOU TO BAN DOGS AND FIREWORKS ON THE BEACH DURING THE NESTING SEASON. WHEN THE NESTING BIRDS ARE SCARED AWAY THE EGGS WILL DIE. OUR BOARD WAS UNANIMOUS IN THIS REQUEST. LET'S SAVE WHAT WE HAVE LEFT. Item # 27 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Meeting Date:4/15/2009 Cover Memo Item # 28