06/01/2006
City Council Agenda
Date: 6/1/2006- 6 :00 PM
Location :Council Chambers - City Hall
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 Recognition of Clearwater's High Schools' top students
I@l Attachments
4.2 APW A Award
@)Attachments
5. Approval of Minutes
5.1 Approve the minutes of the May 18, 2006, City Council Meeting as submitted in written summation by
the City Clerk.
I@l Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 7615-06 on second reading, vacating the north 268.65 feet of the 10-foot drainage and
utility easement lying along the east property line of metes and bounds 32-05, located in Section 19,
Township 29 South, Range 16 East.
@) Attachments
7.2 Adopt Ordinance 7618-06 on second reading, annexing certain real property whose post office address is
1212 Claire Drive, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
@) Attachments
7.3 Adopt Ordinance 7619-06 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post office
address is 1212 Claire Drive, upon annexation into the City of Clearwater, as Residential Low.
@) Attachments
7.4 Adopt Ordinance 7620-06 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 1212 Claire Drive, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
@) Attachments
7.5 Adopt Ordinance 7621-06 on second reading, annexing certain real property whose post office address is
1969 North Betty Lane, into the corporate limits of the city, and redefining the boundary lines of the city
to include said addition.
@) Attachments
7.6 Adopt Ordinance 7622-06 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post office
address is 1969 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban
(RU).
@) Attachments
7.7 Adopt Ordinance 7623-06 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 1969 North Betty Lane, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
@) Attachments
7.8 Adopt Ordinance 7624-06 on second reading, annexing certain real property whose post office address is
1824 Marilyn Drive into the corporate limits of the city, and redefining the boundary lines of the city to
include said addition.
@) Attachments
7.9 Adopt Ordinance No. 7625-06 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1824 Marilyn Drive, upon annexation into the City of Clearwater, as Residential Low.
@) Attachments
7.10 Adopt Ordinance No. 7626-06 on second reading, amending the zoning atlas of the city by zoning certain
real property whose post office address is 1824 Marilyn Drive, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
@) Attachments
7.11 Adopt Ordinance No. 7651-06 on second reading, vacating the 30-foot utility easement retained over the
vacated street right-of-way of State Street located between Lots 9 and 20 of E.A. Marshall Subdivision.
@) Attachments
City Manager Reports
8. Consent Agenda
8.1 Declare the list of vehicles, machinery and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, or through
trade-in for new equipment.
@) Attachments
8.2 Award a contract to SPL WorldGroup, Inc., of Walnut Creek, CA in the estimated amount of $490,000.00
for professional services for the implementation of Phase III of the SPL Enterprise Asset & Work
Management System and authorize the appropriate officials to execute same.
@) Attachments
8.3 Approve an Independent Contractor Agreement with Rinnai to complete warranty and non warranty
service on Rinnai appliances and authorize the appropriate officials to execute same.
@)Attachments
8.4 Renew and approve License Agreement with Emerald Coast Bungee, Inc., to provide entertainment
concessions at Pier 60 Park and authorize the appropriate officials to execute same.
@) Attachments
8.5 Approve License Agreement with Ultimate Bounce to provide entertainment concessions at Pier 60 Park
and authorize the appropriate officials to execute same.
@) Attachments
8.6 Approve a blanket purchase order contract with Smith Fence of Clearwater, FL for $200,000 for materials
and labor to install various fence projects throughout the year and authorize the appropriate officials to
execute same.
@) Attachments
8.7 A ward a Contract(Purchase Order )to Altec Industries, Inc of Birmingham, AL for the purchase of one
2007 International 4300 Cab and Chassis with Altec LRV60 Aerial Lift at a cost of $111,616.00,
authorize lease purchase under city's master lease purchase agreement and authorize appropriate officials
to execute same.
@) Attachments
8.8 Award a constrnction contract to Westra Constrnction Corporation, of Palmetto, Florida for the Nitrate
Recycle Improvements Project (05-0023-UT) in the amount of $1,774,300 which is the lowest responsible
bid received in accordance with plans and specifications and authorize the appropriate officials to execute
same.
I@l Attachments
8.9 Accept a perpetual Sidewalk and Utility Easement over and across a portion of BON AIR SUB and
DREW PARK SUB containing a total of 294.58 square feet, more or less, conveyed by Faith Christian
Church of Florida, Inc. in consideration of receipt of $1.00 and the benefits to be derived therefrom.
I@l Attachments
9. Other items on City Manager Reports
9.1 Adopt Resolution 06-24 approving a Pipeline Crossing Agreement between the City and CSX
Transportation, Inc., Jacksonville, FL, in order to secure a natural gas easement across CSX
Transportations right-of-way in Pasco County, Florida, at a cost of $1,625.00, #CSXT 049636.
@) Attachments
9.2 Approve acceptance of a FY 2005-2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the
amount of $66,807 from the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) and
approve an agreement with the YWCA of Tampa Bay for provision of contractual services during the
period October 1,2007 - September 30,2008, in accordance with Sec. 2.564(1)(b), Code of Ordinances-
Sole Source
I@l Attachments
9.3 Approve a ten-year franchise renewal with Knology Broadband of Florida, Inc. for the provision of cable
services using City rights-of-way effective June 20, 2006, and pass Ordinance 7655-06 on first reading.
@)Attachments
9.4 Approve first amendment template agreement to be used with various radio stations that use City venues
for their musical and entertainment productions and authorize the City Manager or his designee to execute
same.
@) Attachments
9.5 Pass Ordinance No. 7649-06 on first reading increasing the residential and commercial Stormwater Utility
rate to $9.91 per Equivalent Residential Unit (ERU) beginning 10/01/2006, to $10.50 per ERU beginning
10/01/2007, to $11.13 per ERU beginning 10/01/2008, to $11.80 per ERU beginning 10/01/2009 and to
$12.51 per ERU beginning 10/01/2010.
I@l Attachments
Miscellaneous Reports and Items
10. City Attorney Reports
10.1 Pass Ordinance 7633-06 on first reading, creating Chapter 29, Article VI, Tax Deferral for Recreational
and Commercial Working Waterfront Properties; implementing Chapter 197.303 et. seq., Florida Statutes
(2005); allowing for ad valorem tax deferrals for recreational and commercial waterfront properties;
providing definitions; establishing guidelines for qualification; providing for appeals; providing penalties
for willfully filing incorrect information and providing for distribution of payments.
@)Attachments
11. City Manager Verbal Reports
11.1
I@l Attachments
12. Other Council Action
12.1
@)Attachments
13. Adjourn
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Recognition of Clearwater's High Schools' top students
SUMMARY:
Recognition of Clearwater's High Schools' top students
Review Approval: 1) Clerk
SUBJECT / RECOMMENDATION:
APW A A ward
SUMMARY:
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
Review Approval: 1) Clerk
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the May 18,2006, City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7615-06 on second reading, vacating the north 268.65 feet of the lO-foot drainage and utility easement lying along the east
property line of metes and bounds 32-05, located in Section 19, Township 29 South, Range 16 East.
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7615-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTH 268.65 FEET OF THE
10-FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE EAST PROPERTY LINE OF METES AND
BOUNDS 32-05, LOCATED IN SECTION 19, TOWNSHIP 29
SOUTH, RANGE 16 EAST; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ellis & Co., L TO, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The North 268.65 feet of the 1 O-foot drainage and utility easement lying along the East
property line of Metes and Bounds Parcel number 32-05, located in Section 19, Township
29 south, Range 16 East, subject to the following condition:
This vacation shall not be effective until the applicant has submitted to the City Engineer
proof that all existing utilities lying within the easement portion to be vacated have been
relocated to the satisfaction of the owners of said utilities and at the sole expense of said
applicant. If this condition has not been met within six (6) months of the date of approval
of this ordinance, this ordinance will thereafter be null and void in all respects as though
never adopted.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7615-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7618-06 on second reading, annexing certain real property whose post office address is 1212 Claire Drive, into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7618-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 260 FEET
WEST OF STOCKTON DRIVE, CONSISTING OF LOT 8, BLOCK
A, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS
IS 1212 CLAIRE DRIVE, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 8, Block A, Stevenson's Heights, according to the plat thereof, recorded in Plat
Book 34, Page 13, Public Records of Pinellas County, Florida
(ANX2006-01 001)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7618-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7619-06 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to designate
the land use for certain real property whose post office address is 1212 Claire Drive, upon annexation into the City of Clearwater, as
Residential Low.
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7619-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED 260 FEET WEST OF
STOCKTON DRIVE, CONSISTING OF LOT 8, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1212 CLAIRE DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
LOW; 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, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqory
Lot 8, Block A, Stevenson's Heights, according to Residential Low
the plat thereof, recorded in Plat Book 34, Page 13,
Public Records of Pinellas County, Florida
(ANX2006-01 001)
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, contingent
upon and subject to the adoption of Ordinance No. 7618-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No.7619 -06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7620-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address
is 1212 Claire Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7620-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY 260 FEET WEST
OF STOCKTON DRIVE, CONSISTING OF LOT 8, BLOCK
A, STEVENSON'S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1212 CLAIRE DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 8, Block A, Stevenson's Heights, according
to the plat thereof, recorded in Plat Book 34, Page
13, Public Records of Pinellas County, Florida
(ANX2006-01 001)
Zonina District
Low Medium Density
Residential (LMDR)
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, contingent
upon and subject to the adoption of Ordinance No. 7618-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7620-06
Ordinance No. 7620-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7621-06 on second reading, annexing certain real property whose post office address is 1969 North Betty Lane, into the
corporate limits of the city, and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7621-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF NORTH BETTY LANE AND STATE
STREET, CONSISTING OF LOT 1, LANGE'S REPLAT OF
BROWN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
1969 NORTH BETTY LANE, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 1, Lange's Replat of Brown's Subdivision, according to the plat thereof,
recorded in Plat Book 24, Page 74, Public Records of Pinellas County, Florida
(ANX2006-01002)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7621-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7622-06 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to designate
the land use for certain real property whose post office address is 1969 North Betty Lane, upon annexation into the City of Clearwater, as
Residential Urban (RU).
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7622-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED AT THE NORTHEAST
CORNER OF NORTH BETTY LANE AND STATE STREET,
CONSISTING OF LOT 1, LANGE'S REPLAT OF BROWN'S
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1969
NORTH BETTY LANE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL URBAN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY 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, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqory
Lot 1, Lange's Replat of Brown's Subdivision, Residential Urban
according to the plat thereof, recorded in Plat Book
24, Page 74, Public Records of Pinellas County,
Florida (ANX2006-01002)
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, contingent
upon and subject to the adoption of Ordinance No. 7621-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7622-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7623-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address
is 1969 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7623-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF NORTH BETTY LANE
AND STATE STREET, CONSISTING OF LOT 1, LANGE'S
REPLAT OF BROWN'S SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1969 NORTH BETTY LANE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 1, Lange's Replat of Brown's Subdivision,
according to the plat thereof, recorded in Plat Book
24, Page 74, Public Records of Pinellas County,
Florida (ANX2006-01002)
Zonina District
Low Medium Density
Residential (LMDR)
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, contingent
upon and subject to the adoption of Ordinance No. 7621-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7623-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7624-06 on second reading, annexing certain real property whose post office address is 1824 Marilyn Drive into the
corporate limits of the city, and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7624-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 280 FEET
SOUTH OF WOODRING DRIVE AND 320 FEET NORTH OF
MORNINGSIDE DRIVE, CONSISTING OF LOT 13, BLOCK G,
CARLTON TERRACE FIRST ADDITION, WHOSE POST OFFICE
ADDRESS IS 1824 MARILYN DRIVE INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block G, Carlton Terrace First Addition, according to Plat thereof as
recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida
(ANX2006-01003)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7624-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7625-06 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1824 Marilyn Drive, upon annexation into the City of
Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7625-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED 280 FEET SOUTH OF
WOODRING DRIVE AND 320 FEET NORTH OF
MORNINGSIDE DRIVE, CONSISTING OF LOT 13, BLOCK
G, CARLTON TERRACE FIRST ADDITION, WHOSE POST
OFFICE ADDRESS IS 1824 MARILYN DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; 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, upon annexation into the City of Clearwater, as follows:
Property
Lot 13, Block G, Carlton Terrace First Addition,
according to Plat thereof as recorded in Plat Book
43, Page 39, Public Records of Pinellas County,
Florida (ANX2006-01 003)
Land Use Cateqory
Residential Low
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, contingent
upon and subject to the adoption of Ordinance No. 7624-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7625-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7626-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office
address is 1824 Marilyn Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7626-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED 280
FEET SOUTH OF WOODRING DRIVE AND 320 FEET
NORTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT
13, BLOCK G, CARLTON TERRACE FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 1824 MARILYN
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 13, Block G, Carlton Terrace First Addition,
according to Plat thereof as recorded in Plat Book
43, Page 39, Public Records of Pinellas County,
Florida (ANX2006-01 003)
Zonina District
Low Medium Density
Residential (LMDR)
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, contingent
upon and subject to the adoption of Ordinance No. 7624-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7626-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7651-06 on second reading, vacating the 30-foot utility easement retained over the vacated street right-of-way of State
Street located between Lots 9 and 20 of E.A. Marshall Subdivision.
SUMMARY:
Review Approval: 1) Clerk
OROINANCE NO. 7651-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 30-FOOT UTILITY EASEMENT
RETAINED OVER THE VACATED STREET RIGHT-OF-
WAY OF STATE STREET LOCATED BETWEEN LOTS 9
AND 20 OF E.A. MARSHALL SUBDIVISION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Pathway Community Church, owner of real property located in the
City of Clearwater, has requested that the City vacate the utility easement depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
the 30-foot utility easement retained over the vacated street right-of-way of
State Street located between Lots 9 and 20 of E. A. Marshall Subdivision,
as recorded in Plat Book 3, Page 44, of the Official Records of Pinellas
County, Florida.
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7651-06
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare the list of vehicles, machinery and equipment surplus to the needs of the City and authorize disposal through sale to the highest
bidder at the Tampa Machinery Auction, Tampa, Florida, or through trade-in for new equipment.
SUMMARY:
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. All Pitney Bowes equipment was
accquired through lease purchase and will be traded-in for new equipment.
Appropriation Code
0010-00000- 365900-000-000
Amount
TBD upon sale
Appropriation Comment
Revenue
Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
Surplus for June 1, 2006
REASON FOR
ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL
1 G0824 1991 CHEVY CAPRICE 4 DOOR 1 G1 BL5374MR138513 62423 AGE & CONDITION
2 G1273 1994 F250 PICK UP TRUCK 1 FTHF25H9RNB62866 87269 AGE & CONDITION
3 G1358 1994 FORD RANGER PICKUP TRUCK 1 FTCR1 OUXRTA63730 76228 AGE & CONDITION
4 G1393 1976 Caterpillar 0348 Diesel Engine with PTO and Clutch N/A Obsolete
5 G1449 1988 FORD E150 CARGO VAN 1 FTEE14Y6JHC22641 85905 AGE & CONDITION
6 G1502 1995 FORD CROWN VIC POLICE CAR 2FALP71W6SX152279 85182 AGE & CONDITION
7 G1505 1995 GMC SAFARI VAN 1 GKDM19W8SB551565 76623 AGE & CONDITION
8 G1526 1995 Peterbilt Side Loader Refuse Trk IXPZH78X8TD709152 UNKNOWN AGE & CONDITION
9 G1567 1996 FORD TAURUS 4 DOOR 1FALP52UOTA183927 86906 AGE & CONDITION
10 G1603 1996 DODGE 1500 PICKUP TRUCK 1 B7HC16XlTS614606 69932 AGE & CONDITION
11 G1610 1996 DODGE 1500 PICKUP TRUCK 1 B7HC16X6TS613883 86926 BAD TRANSMISSION
12 G1636 1996 FORD CROWN VIC POLICE CAR 2FALP71W3TX160339 87888 AGE & CONDITION
13 G1744 1997 FORD CROWN VIC POLICE CAR 2FALP71 W8VX120468 77433 AGE & CONDITION
14 G1922 1998 CHEVY MONTE CARLO 2G1 WW12M9W9266218 83036 AGE & CONDITION
15 G1929 1998 FORD CROWN VIC POLICE CAR 2FAFP71 W3WX137533 82800 AGE & CONDITION
16 G1977 1998 J Fowler Trailer w/Spray Rig 506980 N/A AGE & CONDITION
17 G1983 1998 Toro Aerator 880 60309 N/A AGE & CONDITION
18 G2097 1999 CHEVY SONOMA PICKUP TRUC~ 1 GTCS14X5X8517388 99226 AGE & CONDITION
19 G2118 1999 Hustler 3200 Z Riding Mower 98121456 N/A AGE & CONDITION
20 G2189 1999 Mack Front Loader Refuse Truck IM2K195C6XM014576 57909 AGE & CONDITION
21 G2274 2000 Mack Front Loader Refuse Truck IM2K195CIYM015264 60419 AGE & CONDITION
22 G3073 1965 Atlantic 30KW Genset TD427-2218 N/A Obsolete
23 G442 1965 US Navy 4,000 Ib Lift Truck 9201 N/A Not Running
24 G459 1984 Cat TC60C 6,000 Ib Fork Lift 38Y3155 N/A AGE & CONDITION
25 G517 1984 Eagle Pole Trailer 1 U9BL251 XEA001622 N/A Obsolete
26 1 (One) Pallet wI 3 small portable Generators Not Running
27 N/A N/A Pitney Bowes copy machine 3110019 N/A Trade-in
28 3110027 N/A Trade-in
29 3110040 N/A Trade-in
30 3110041 N/A Trade-in
31 3110044 N/A Trade-in
32 3110048 N/A Trade-in
33 3110049 N/A Trade-in
34 3020344 N/A Trade-in
35 N/A Pitney Bowes Coin-op atch 1455 N/A Trade-in
36 1638 N/A Trade-in
37 1009024 N/A Trade-in
38 1009025 N/A Trade-in
39 1009026 N/A Trade-in
40 1009051 N/A Trade-in
41 Pitney Bowes copier stand 401060 N/A Trade-in
42 401492 N/A Trade-in
43 G-249 1973 Maxim C1N102811271 AGE & CONDITION
44 G-256 1979 Chevrolet Squad Truck C17DE9V144598 AGE & CONDITION
45 G-258 1987 Ford engine 1 FDYD81 U1HVA32510 AGE & CONDITION
46 G-275 1989 Chevrolet Rescue Truck 1 GBHC34N6KE144745 AGE & CONDITION
47 G276 1989 Chevrolet Rescue Truck 1 GBHC34N2KE144745 AGE & CONDITION
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward a contract to SPL W orldGroup, Inc., of Walnut Creek, CA in the estimated amount of $490,000.00 for professional services for the
implementation of Phase III of the SPL Enterprise Asset & Work Management System and authorize the appropriate officials to execute
same.
SUMMARY:
SPL W orldGroup, Inc., formerly known as S ynergen, Inc., was the selected vendor of choice as the result of the City of Clearwater's
Request for Proposal (RFP), No. 05-03, dated October 11, 2002 for a citywide electronic asset management system. SPL Enterprise Asset &
Work Management System was known as Synergen Series when it was licensed to the City of Clearwater on May 22, 2003. The City of
Clearwater went live with Phase I of this system on March 8, 2004 for the Public Utilities Department and the Stormwater Division of the
Public Services Department. Phase II of this system went live on October 31, 2005 for the Fleet Maintenance Division and the Building and
Maintenance Division of the General Services Department. Phase III is for the implementation of the SPL Asset & Work Management
System for the Clearwater Gas System. Terms of the contract provide for the implementation and acceptance of this system from June 5,
2006 to September 24,2007. The estimated costs can be broken down as follows: Professional Services: $399,699.00 Estimated Travel and
Expenses: $45,000.00 Contingency: $45,301.00 Total: $490,000.00 Funding in the amount of $361,226.09 is available in project 315-96382,
Gas Inventory - Work Management System to fund this contract. As a FY06 third quarter budget amendment, the Clearwater Gas System
will transfer $139,000.00 from retained earnings to project 315-96382 in order to fund the balance of this contract.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$340,000.00
$490,000.00
2005 to 2006
Annual Operating Cost:
Total Cost:
$490,000.00
Appropriation Code
0315-96382-530100-532-000-
0000
Amount
Appropriation Comment
$490,000.00
Bid Required?:
Yes
Bid Number:
RFP No.
05-03
Other Bid / Contract:
Bid Exceptions:
None
Review Approval: 1) Clerk
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Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an Independent Contractor Agreement with Rinnai to complete warranty and non warranty service on Rinnai appliances and
authorize the appropriate officials to execute same.
SUMMARY:
Rinnai has asked Clearwater Gas System to serve as an Independent Contractor on Rinnai Appliances to include Rinnai Instantaneous Water
Heaters which Clearwater Gas System sells. Clearwater Gas System will be reimbursed ($90.00) per service call and ($180.00) per heat
exchange replaced on any warranty and non warranty service authorized by Rinnai. Rinnai will provide on site training to our service and
repair technicians at no expense to Clearwater Gas System. Rinnai worked with Clearwater Gas System, Risk Management and Legal to
modify contract language which resulted in an Addendum to the Rinnai Contract Agreement. Paragraph 14 and 15 were modified to
incorporate language that we requested to accommodate the City's insurance position and the limitations of liability as provided by law.
Paragraph 7 was not modified but Clearwater Gas System will not use any parts other than genuine Rinnai parts on Rinnai Appliances.
Review Approval: 1) Clerk
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Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Renew and approve License Agreement with Emerald Coast Bungee, Inc., to provide entertainment concessions at Pier 60 Park and
authorize the appropriate officials to execute same.
SUMMARY:
Emerald Coast Bungee, Inc. has provided successful entertainment concessions at Pier 60 Park for the past two years. During that time,
Emerald Coast Bungee, Inc. operated a climbing wall and trampoline bungee jump. The City makes 25% gross revenue, which amounted to
$58,900 last year. Staff has included revenue from entertainment concession in the general fund budget to off-set some of the costs of
operating the Parks and Recreation Department. Staff is recommending renewal and approval of the License Agreement between Emerald
Coast Bungee, Inc. and the City. The City may cancel the Agreement at any time during the year. A copy of the License Agreement is
available in the Official Records and Legislative Services office for review.
Review Approval: 1) Clerk
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into as of this day of ,
2006, between the City of Clearwater, a municipal corporation of the State of Florida,
whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Licensor")
and Emerald Coast Bungee, Inc., a Florida corporation, whose mailing address is 800
Narcissus Avenue, Clearwater, Florida 33767 ("Licensee").
WHEREAS, Licensor is the owner of the real property more particularly
described in Exhibit "A", attached hereto and made a part hereof, located in Pinellas
County, Florida hereinafter referred to as ("Premises"); and,
WHEREAS, Licensee desires to exercise certain rights and privileges upon the
Premises; and
WHEREAS, Licensor is willing to grant Licensee a license for such occupancy
and utilization, subject to the terms and conditions stipulated below (the "License"):
NOW, THEREFORE, it is mutually agreed as follows:
1. Licensor hereby grants to Licensee the License to occupy and use the Premises,
subject to all of the terms and conditions herein set forth, commencing on June 1,
2006, and expiring on May 31, 2007, unless sooner terminated as herein
provided ("License Term") for the purpose of installing a bungee powered
trampoline jump amusement ride and faux-rock climbing wall ("Concessions") as
more particularly described in Exhibit "B", attached hereto and made a part
hereof. Licensee acknowledges and agrees that License is non-exclusive.
Licensee's Concessions shall be located within the License area in conjunction
with other Licensees as such Licensee's Concessions are located as of the
inception of this Agreement. Licensor reserves the right to request relocation of
the License at its discretion.
2. That for and in consideration of the foregoing License, Licensee shall pay
Licensor a commission equivalent to twenty-five percent (25%) of the gross
revenue proceeds generated by the Bungee/Climbing Wall during the License
Term ("Commission"). For purposes of this Agreement, "Gross Revenue
Proceeds" shall mean the total of all amounts charged to customers for entry to
the Bungee/Climbing Wall. Specifically, all amounts charged for numbered
tickets, coupons or other type of invoices ("Tickets"), less any applicable taxes,
regardless of whether said Tickets are redeemed. Commission shall be paid bi-
weekly, first payment to be paid 14 days after the Licensee's first day of
operation, and once every two weeks thereafter. If all amounts due to Licensor
are not paid as indicated, Licensee will be considered in default hereunder and
Licensor retains the right to terminate this Agreement immediately and require
vacation of the Premises immediately, but in no event later than 24 hours from
receipt of notification of such default.
3. Licensee shall pay all costs resulting from and associated with the installation
and operation of electrical and water service for operation of the
Bungee/Climbing Wall.
4. The Licensee agrees that persons employed by Licensee for purposes related to
the installation, operation or other purposes under this License are not
employees of the Licensor for any purpose whatsoever, including unemployment
tax, social security contributions, income tax withholding or workers
compensation, whether state or federal. Licensee agrees to pay and be solely
responsible for all applicable taxes, both state and federal, in connection with the
amount paid by Licensee to Licensor.
5. Licensee duties and responsibilities pursuant to this letter of understanding are
as follows:
(a) Licensee shall provide a "Euro Bungee" with an aluminum framing,
trampolines (3' H x 15' diameter), adjustable bungees attached to
11 OV wenches, safety harnesses and other safety features; and a four-
sided faux-rock climbing wall, 24.5' high, with mountain climbing rated
safety harnesses and other safety features in accordance with
acceptable industry standards.
(b) Licensee shall setup the site, including securely anchoring the Bungee,
fencing off the area, and setting up an area for ticket sales.
(c) Licensee shall operate in or on the Premises, as designated by
Licensor. Hours of operation shall be daily (seven days a week) no
earlier than 9:00 a.m. until no later than 10:30 p.m., except during
inclement weather. The City reserves the right to shut down the
operation of the Bungee if, in its sole discretion, it is in the best interest
of the city, or to protect the safety and welfare of the public.
(d) Licensee will ensure that the Bungee is a temporary structure that can
be broken down in 2 days if needed.
(e) Licensee will ensure that the Bungee is run and operated by properly
trained employees, all of whom are uniformed in matching company
tee shirts and shorts.
(f) Licensee specifies that each employee have specific duties, which
include technical, safety, and operational support to ensure that the
operation runs safely and efficiently, and that Licensee has provided
any necessary and appropriate training for its employees to carry out
the operation in a safe manner.
6. Licensee agrees to provide comprehensive general liability coverage on an
"occurrence" basis in an amount of not less than One Million Dollars
($1,000,000.00) combined single limit bodily injury liability and property damage
liability with a minimum One Million Dollar ($1,000,000.00) aggregate limit. The
Certificate of Insurance shall show the City of Clearwater as an Additional
Insured. The certificate must be provided to City of Clearwater prior to operation.
7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor
against and from any and all claims, including copyright/trademark infringement
claims, demands, fines, suits, sections, proceedings, orders, decrees and
judgments of any kind or nature by or in favor of, anyone whomsoever, and
against and from any and all costs, damages and expenses, including attorney's
fees, resulting from, or in connection with, loss of life, bodily or personal injury or
property damages arising, directly or indirectly, out of, or from, or on account of,
any accident or other occurrence in, upon, at or from the Premises, or
occasioned in whole or in part through the use and occupancy of the Premises,
or by any act or omission of Licensee, or any employees, agents, contractors or
invitees in, upon, at or from the Premises or its appurtenances.
8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe,
clean and proper manner; (b) secure any and all licenses or permits required by
any governmental agency or authority with respect to Licensee's operation of the
Bungee, occupancy and use of the Premises, including any and all rights or
licenses required under applicable copyright or trademark law, (c) secure and be
responsible for the security of the Bungee at close of business each day and
during hours of non-operation; (d) not make or permit to be made any alterations,
additions or improvements in the Premises without the prior written consent of
Licensor; (e) not permit any mechanic's lien to be filed against the Premises by
reason of any work, labor, service or materials performed at or furnished to the
Premises; and (h) abide by all rules and regulations established by Licensor,
from time to time, with respect to the use and occupancy of the Premises. All
signs used at the Premises shall be subject to Licensor's prior approval.
9. This License is personal to Licensee. It is not assignable, and any attempt to
assign this License will terminate the License privileges granted to Licensee
hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any
manner transfer this License Agreement or any interest therein, nor sublet all of
any part of the Premises or license considerations therein.
10. Licensor may terminate this License Agreement immediately, at will, in Licensor's
sole discretion, with or without cause. This License Agreement may also be
terminated at any time upon the mutual written agreement of Licensor and
Licensee.
11. Nothing contained herein shall be deemed or construed by the parties hereto, nor
by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto it being understood that
nothing contained herein, or any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of
Licensor and Licensee.
12. All notices to either party must be sent by U.S. Mail to the address below:
As to Licensor
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
As to Licensee
Emerald Coast Bungee
c/o Dan Northcott
800 Narcissus Avenue
Clearwater, Florida 33767
Miscellaneous Provisions
13. The provisions of this License shall be binding upon and inure to the benefit of
the heirs, personal representatives, successors and assigns of the parties, as
permitted herein. Any provision hereof which imposes upon Licensor or
Licensee, any obligation after termination or expiration of this License
Agreement, shall survive termination or expiration hereof and be binding upon
Licensor or Licensee.
14. Licensee agrees to comply with all local, state, and federal statutes and
ordinances, and is responsible for obtaining all necessary state and local permits
prior to setting up and operating the Bungee.
15. All advertising or related communications pertaining to Licensor must be pre-
approved in writing by the Licensor.
16. Licensor shall have the right to enter upon the Premises at all times. Licensor
shall not unduly interfere with Licensee's business.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LICENSEE:
EMERALD COAST BUNGEE, INC.
Signed in the Presence of:
Dated:
By:
Dan Northcott
President
Countersigned:
LICENSOR:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me this day of
,2006, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
Exhibit A
City of Clearwater
SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60
(Approximately 200' x 250' = 50,000 sf or 1.1 acre)
Roundabou
t
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve License Agreement with Ultimate Bounce to provide entertainment concessions at Pier 60 Park and authorize the appropriate
officials to execute same.
SUMMARY:
Ultimate Bounce has provided successful entertainment concessions at Pier 60 Park on a trial basis over the past year. During that time,
Ultimate Bounce operated a water slide, dry slide and bounce house. The City makes 25% of gross revenue, which amounted to $53,300 last
year. Staff has included revenue from entertainment concession in the general fund budget to off-set some of the costs of operating the Parks
and Recreation Department. Staff is recommending approval of the License Agreement between Ultimate Bounce and the City. The City
may cancel the Agreement at any time during the year. A copy of the License Agreement is available in Official Records and Legislative
Services for review.
Review Approval: 1) Clerk
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into as of this day of ,
2006, between the City of Clearwater, a municipal corporation of the State of Florida,
whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Licensor")
and Ultimate Bounce, LLC, whose mailing address is 3300 - 11 Street N., St.
Petersburg, Florida 33704 ("Licensee").
WHEREAS, Licensor is the owner of the real property more particularly
described in Exhibit "A", attached hereto and made a part hereof, located in Pinellas
County, Florida hereinafter referred to as ("Premises"); and,
WHEREAS, Licensee desires to exercise certain rights and privileges upon the
Premises; and
WHEREAS, Licensor is willing to grant Licensee a license for such occupancy
and utilization, subject to the terms and conditions stipulated below (the "License"):
NOW, THEREFORE, it is mutually agreed as follows:
1. Licensor hereby grants to Licensee the License to occupy and use the Premises,
subject to all of the terms and conditions herein set forth, commencing on June 1,
2006, and expiring on May 31, 2007, unless sooner terminated as herein
provided ("License Term") for the purpose of installing an inflatable bounce
house, dry slide, wet slide and other inflatable concessions ("Concessions") as
more particularly described in Exhibit "B", attached hereto and made a part
hereof. Licensee acknowledges and agrees that License is non-exclusive.
Licensee's Concessions shall be located within the License area in conjunction
with other Licensees as such Licensee's Concessions are located as of the
inception of this Agreement. Licensor reserves the right to request relocation of
the License at its discretion.
2. That for and in consideration of the foregoing License, Licensee shall pay
Licensor a commission equivalent to twenty-five percent (25%) of the gross
revenue proceeds generated during the License Term ("Commission"). For
purposes of this Agreement, "Gross Revenue Proceeds" shall mean the total of
all amounts charged to customers for entry to the concessions. Specifically, all
amounts charged for numbered tickets, coupons or other type of invoices
("Tickets"), less any applicable taxes, regardless of whether said Tickets are
redeemed. Commission shall be paid bi-weekly, first payment to be paid 14 days
after the Licensee's first day of operation, and once every two weeks thereafter.
If all amounts due to Licensor are not paid as indicated, Licensee will be
considered in default hereunder and Licensor retains the right to terminate this
Agreement immediately and require vacation of the Premises immediately, but in
no event later than 24 hours from receipt of notification of such default.
3. Licensee shall pay all costs resulting from and associated with the installation
and operation of electrical service for operation of the concessions.
4. The Licensee agrees that persons employed by Licensee for purposes related to
the installation, operation or other purposes under this License are not
employees of the Licensor for any purpose whatsoever, including unemployment
tax, social security contributions, income tax withholding or workers
compensation, whether state or federal. Licensee agrees to pay and be solely
responsible for all applicable taxes, both state and federal, in connection with the
amount paid by Licensee to Licensor.
5. Licensee duties and responsibilities pursuant to this letter of understanding are
as follows:
(a) Licensee shall provide various inflatable amusements, such as: a
water inflatable slide, a dry inflatable Slide and a Bounce House each
manufactured out of 18 gauge fire-retardant vinyl, double-stitched
seams, and other safety features in accordance with acceptable
industry standards.
(b) Licensee shall setup the site, including securely anchoring the
concessions, fencing off the area, and setting up an area for ticket
sales.
(c) Licensee shall operate in or on the Premises, as designated by
Licensor. Hours of operation shall be daily (seven days a week) no
earlier than 9:00 a.m. until no later than 10:30 p.m., except during
inclement weather. The City reserves the right to shut down the
operation of the concessions if, in its sole discretion, it is in the best
interest of the city, or to protect the safety and welfare of the public.
(d) Licensee will ensure that the concessions are a temporary structure
that can be broken down in 2 days if needed.
(e) Licensee will ensure that the concessions are run and operated by
properly trained employees, all of whom are uniformed in matching
company tee shirts and shorts.
(f) Licensee specifies that each employee have specific duties, which
include technical, safety, and operational support to ensure that the
operation runs safely and efficiently, and that Licensee has provided
any necessary and appropriate training for its employees to carry out
the operation in a safe manner.
6. Licensee agrees to provide comprehensive general liability coverage on an
"occurrence" basis in an amount of not less than One Million Dollars
($1,000,000.00) combined single limit bodily injury liability and property damage
liability with a minimum One Million Dollar ($1,000,000.00) aggregate limit. The
Certificate of Insurance shall show the City of Clearwater as an Additional
Insured. The certificate must be provided to City of Clearwater prior to operation.
7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor
against and from any and all claims, including copyright/trademark infringement
claims, demands, fines, suits, sections, proceedings, orders, decrees and
judgments of any kind or nature by or in favor of, anyone whomsoever, and
against and from any and all costs, damages and expenses, including attorney's
fees, resulting from, or in connection with, loss of life, bodily or personal injury or
property damages arising, directly or indirectly, out of, or from, or on account of,
any accident or other occurrence in, upon, at or from the Premises, or
occasioned in whole or in part through the use and occupancy of the Premises,
or by any act or omission of Licensee, or any employees, agents, contractors or
invitees in, upon, at or from the Premises or its appurtenances.
8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe,
clean and proper manner; (b) secure any and all licenses or permits required by
any governmental agency or authority with respect to Licensee's operation of the
concessions, occupancy and use of the Premises, including any and all rights or
licenses required under applicable copyright or trademark law; (c) secure and be
responsible for the security of the concessions at close of business each day and
during hours of non-operation; (d) not make or permit to be made any alterations,
additions or improvements in the Premises without the prior written consent of
Licensor; (e) not permit any mechanic's lien to be filed against the Premises by
reason of any work, labor, service or materials performed at or furnished to the
Premises; and (h) abide by all rules and regulations established by Licensor,
from time to time, with respect to the use and occupancy of the Premises. All
signs used at the Premises shall be subject to Licensor's prior approval.
9. This License is personal to Licensee. It is not assignable, and any attempt to
assign this License will terminate the License privileges granted to Licensee
hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any
manner transfer this License Agreement or any interest therein, nor sublet all of
any part of the Premises or license considerations therein.
10. Licensor may terminate this License Agreement immediately, at will, in Licensor's
sole discretion, with or without cause. This License Agreement may also be
terminated at any time upon the mutual written agreement of Licensor and
Licensee.
11. Nothing contained herein shall be deemed or construed by the parties hereto, nor
by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto it being understood that
nothing contained herein, or any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of
Licensor and Licensee.
12. All notices to either party must be sent by U.S. Mail to the address below:
As to Licensor As to Licensee
City of Clearwater Ultimate Bounce, LLC
P.O. Box 4748 c/o Alfonso Rojas
Clearwater, FL 33758-4748 3300 - 11th Street N.
St. Petersburg, FL 333704
Miscellaneous Provisions
13. The provisions of this License shall be binding upon and inure to the benefit of
the heirs, personal representatives, successors and assigns of the parties, as
permitted herein. Any provision hereof which imposes upon Licensor or
Licensee, any obligation after termination or expiration of this License
Agreement, shall survive termination or expiration hereof and be binding upon
Licensor or Licensee.
14. Licensee agrees to comply with all local, state, and federal statutes and
ordinances, and is responsible for obtaining all necessary state and local permits
prior to setting up and operating the concessions.
15. All advertising or related communications pertaining to Licensor must be pre-
approved in writing by the Licensor.
16. Licensor shall have the right to enter upon the Premises at all times. Licensor
shall not unduly interfere with Licensee's business.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LICENSEE:
ULTIMATE BOUNCE, LLC
Signed in the Presence of:
Dated:
By:
Jerome Jackson
Manager
Countersigned:
LICENSOR:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
,2006, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
Exhibit A
City of Clearwater
SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60
(Approximately 200' x 250' = 50,000 sf or 1.1 acre)
Roundabou
t
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a blanket purchase order contract with Smith Fence of Clearwater, FL for $200,000 for materials and labor to install various fence
projects throughout the year and authorize the appropriate officials to execute same.
SUMMARY:
The existing purchase order with Smith Fence has been expended and a new contract is being recommended in order to complete the many
fence projects that come up during the year in Parks and Recreation. A blanket purchase order in the amount of $200,000 is being requested.
The City is using bids solicited and approved by Pinellas County regarding fence installation (Pinellas County Contract #045-316-B). Parks
and Recreation has an annual capital improvement project for the replacement of worn out and damaged fences. Some of the projects for the
next year may include, but not be limited to, the Nursery, Ross Norton Ballfields, Frank Tack Ballfields, Valencia Park, Ed Wright Park and
McMullen Tennis. In addition, there are several individual ClP's that might require fencing, i.e. E.C. Moore 8 & 9 batting tunnel, Armory,
Long Center Playground, and Countryside Sports Plex.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
200,000
200,000
2005 to 2007
Annual Operating Cost:
Total Cost:
200,000
200,000
Appropriation Code
0315-93262-563500-572-
000000
Amount
200,000
Appropriation Comment
Bid Required?:
Other Bid / Contract:
No
Pinellas
County #045-
316-B
Bid Number:
Bid Exceptions:
Other
Government
Bid
Review Approval: 1) Clerk
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract(Purchase Order)to Altec Industries, lnc of Birmingham, AL for the purchase of one 2007 International 4300 Cab and
Chassis with Altec LRV60 Aerial Lift at a cost of $111,616.00, authorize lease purchase under city's master lease purchase agreement and
authorize appropriate officials to execute same.
SUMMARY:
This Cab and Chassis replaces G1422 that is included in the Garage ClP Replacement List for Budget Year 05/06 and will be used by the
Urban Forestry group within Public Services.
Type:
Current Year Budget?:
Purchase
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$111,616.00
Annual Operating Cost:
Total Cost:
$111,616.00
to
Appropriation Code Amount
0316-94234-564100-519-000- $111,616.00
000
Appropriation Comment
Lease Purchase ClP
Bid Required?: No
Bid Number:
Other Bid / Contract:
GSA # GS-
30F-1028G
Bid Exceptions:
None
Review Approval: 1) Clerk
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward a construction contract to Westra Construction Corporation, of Palmetto, Florida for the Nitrate Recycle Improvements Project (05-
0023-UT) in the amount of $1,774,300 which is the lowest responsible bid received in accordance with plans and specifications and
authorize the appropriate officials to execute same.
SUMMARY:
The Nitrate Recycle Improvements Project was identified as one of the Capital Improvements Projects recommended in the Water Pollution
Control Facilities Infrastructure Assessment and Capital Improvements Implementation Plan, completed by Jones, Edmunds & Associates in
October of 2004. The proposed modifications to the nitrate recycle systems at the Marshall Street and Northeast Advanced Pollution Control
Facilities (APCF's) are intended to improve the efficiency of biological nitrogen removal at both APCF's. By redirecting the nitrate recycle
flows to the existing fermentation tanks, the wastewater treatment process will become more efficient. Further, based on biological modeling
of the treatment plants performed during the WPC Master Plan, these modifications will allow the treatment plants to better achieve effluent
levels of total-nitrogen less than the permitted limits under virtually all flow scenarios. This proactive measure will better assure regulatory
compliance with the plants operating permits and reclaim the design capacity of the plants in preparation for anticipated increases in flow
over the next twenty years. It is anticipated that construction will be accomplished in 300 days, starting 30 days after notice to proceed and
being complete prior to the end of April 2007. Jones, Edmunds & Associates, an engineer ofrecord with the City was responsible for the
design of the improvements. The final engineer's estimate was $1,133,000. Westra's low bid was 56% over this value, leading the City, JEA
and Westra to review the technical aspects of the scope of work in an effort to determine if the construction would meet the intent of the
design. There were two primary reasons for the high cost. The first was that the contractor determined that to install some components a
larger crane would be needed for a longer duration than anticipated by the design consultant. The second reason was that the contractor is
required to assume the risk of keeping the treatment plant in operation while the treatment tanks are being replaced. This requires them to
coordinate the plant operations schedule and staff activities. After a review of alternatives, it is Jones Edmunds recommendation that the
City proceed with award to Westra. City staff concurs with this decision. Resolution 04-36 was passed on December 16,2004, establishing
the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue
bonds as a funding source were included in the project list associated with Resolution 04-36. Mid-year amendments will transfer $735,000
of budget for interim financing or funding with 2006 Water and Sewer Revenue bond proceeds when issued from the 2006 Revenue Bond
project, 0378-96665, Sanitary Sewer R & R, and $410,390.16 of budget and bond proceeds from the 2002 Revenue Bond project, 0343-
96665, Sanitary Sewer R & R to project, 0378-96616 and 0343-96616 respectfully, WWTP Internal Recycle Modifications, to provide the
additional revenue needed to fund $1,536,772.70 of the contract. An additional mid-year amendment will establish the budget for
$119,940.74 (337900) of funding for the City of Safety Harbor's share of the capital costs (4/13.5' s of the Northeast costs of $404,800.00).
Budget and revenue are available in project 0315-96616, WWTP Internal Recycle Modifications in the Capital Improvement Program Fund
0315 in the amount of $117,586.56 to fund the balance of the contract. A copy of the contract documents are available for review in Official
Records and Legislative Services.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
see summary section
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$1,774,300
Annual Operating Cost:
Total Cost:
$1,774,300
to
Appropriation Code Amount
0378-96616-563800-535-000- $1,126,382.54
0000
0315-96616-563800-535-000- $237,527.30
Appropriation Comment
see summary section
see summary section
0000
0343-96616-563800-535-000-
0000
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
$410,390.16
Yes
see summary section
Bid Number:
Bid Exceptions:
05-0023-
UT
None
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept a perpetual Sidewalk and Utility Easement over and across a portion of BON AIR SUB and DREW PARK SUB containing a total of
294.58 square feet, more or less, conveyed by Faith Christian Church of Florida, Inc. in consideration of receipt of $1.00 and the benefits to
be derived therefrom.
SUMMARY:
An existing sidewalk extending north along the east right-of-way line of Myrtle Avenue from Jones Street was rebuilt during the recently
completed Myrtle Avenue Reconstruction Project from Lakeview to Alternate 19. Survey determined that a small portion of the sidewalk
encroached upon the lands of Faith Christian Church of Florida, Inc. located at 303 North Myrtle A venue ("Grantor"). On April 25, 2006 the
Grantor conveyed the subject easement fully establishing City authority and responsibility to construct and maintain the sidewalk, and any
underlying utilities, along the full length of the block between Jones and Hart Streets. A copy of the easement documentation is available for
review in Official Records and Legislative Services.
Review Approval: 1) Clerk
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Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Resolution 06-24 approving a Pipeline Crossing Agreement between the City and CSX Transportation, Inc., Jacksonville, FL, in
order to secure a natural gas easement across CSX Transportations right-of-way in Pasco County, Florida, at a cost of $1,625.00, #CSXT
049636.
SUMMARY:
Clearwater Gas System needs to install a gas main under the CSX Transportation railroad tracks. This standard Pipeline Crossing Agreement
is necessary to secure the easement across CSX Transportations property. The purpose of this gas main expansion is to service the
Connerton Subdivision. Due to CSX's refusal to amend the indemnity provisions the City is subject to increased potential liability. CSX
Transportation, Inc., requires all applicants to pay a fee when submitting the agreement. The total cost of this CSX Pipeline Crossing
Agreement is $1,625.00, which includes a $500.00 One Time Encroachment Inventory Fee. Funding for this agreement is available in
capital project 0423-02078-54800-532-000-0000.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$1,625.00
$1,625.00
2005 to 2006
Annual Operating Cost:
Total Cost:
$1,625.00
Appropriation Code
0423-02078-54800-532-000-
0000
Amount
$1,625.00
Appropriation Comment
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Clerk
RESOLUTION NO. 06-24
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A PIPELINE CROSSING
AGREEMENT WITH CSX TRANSPORTATION, INC., FOR
THE INSTALLATION OF THE RAILROAD NATURAL GAS
MAIN CROSSING ON STATE ROAD 52 TO
ACCOMMODATE THE CONNERTON SUBDIVISION.
WHEREAS, the City of Clearwater has a project to supply natural gas to
Connerton development; and
WHEREAS, appropriate agreements have been prepared; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Agreements
between the City and CSX Transportation, Inc., identified as Pipeline Crossing
Agreement No. CSX-049636.
Section 2. The City Council hereby authorizes the Mayor and City Manager to
sign the Agreements described in this resolution and associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-50
AGREEMENT CHECKLIST
Agreement Number: CSX-049636
Please perform the following when executing the attached instrument:
X Sign the signature page in order to execute the agreement. One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer
authorized by Board Resolution to execute legal documents on behalf of the Corporation. (Copy of Board Authorization
should be furnished for anyone signing, other than the President or Vice President.) If the Corporate name is set out
erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears.
(Municipal Corporation, furnish copy of such Resolution.)
If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the
caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and
the name corrected and initialed where it appears.
If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless
one member of the firm has been designated managing partner or expressly by the partnership to execute the
Agreement. (Furnish copy of such authority.)
X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath
- signature(s).
X Social Security Number is required if Agreement is with an INDIVIDUAL, if Agreement is with other than an
- INDIVIDUAL, a Tax Identification Number is required.
X Furnish Certificate of Insurance which states "CSX Transportation, Inc. as additional insured," and contains the
Agreement Number in the "Descriptions" box on the certificate, which is required under the INSURANCE Article, to
Speed Code J180, 500 Water Street, Jacksonville, FL .32202. Questions regarding the insurance requirements should
be directed to this office for handling.
X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement:
Railroad Protective Liability Insurance (refer to INSURANCE Article)*
$500.00
$1,125.00
$1,625.00
One-Time Encroachment Inventory Fee (refer to FEE's Article)
TOTAL DUE
* If because of State Statute/Law you cannot meet the monetary coverage limits required in Section 10.1 of the Agreement,
you must pay the total due listed above, which includes a 50% surcharge in the amount of $375.00, which will be applied
towards the RPL payment. If you can meet the monetary requirements of Section 10.1, you may reduce the total amount
due by $375.00. Payment of the surcharge does not waive Section 10.1, it only compensates for less than required
monetary coverage. You will still need to provide insurance documentation in accordance with Section 10.1.
Do Not Return
Agreements
Without Insurance
Certificate
Pursuant to
Insurance
Provision
CSXT Form 2037G - Page 1
Revised November, 2005 0
Agreement No. CSX-049636
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made and effective as of December 28,2005, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CLEARW ATERGAS
SYSTEM, a municipal corporation, political subdivision or state agency, under the laws of the
State of Florida, whose mailing address is 400 North Myrtle Avenue, Clearwater, Florida 33755,
hereinafter called "Licensee," WI1NESSETH:
WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the
transmission of natural gas, hereinafter called "Pipeline," under or across property owned or
controlled by Licensor at or near Fivay, County of Pasco, State of Florida, located at Valuation
Station 1406+85, Milepost SR-816.76, Brooksville Subdivision, hereinafter called the
"Crossing," as shown on print of Drawing No. 38A, dated October 20,2005, attached hereto and
made a part hereof; other details and data pertaining to said Pipeline being as indicated on
Application Form, dated October 20, 2005, also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority
to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Cro~sing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or
change said Pipeline at the Crossing above for the term herein stated, and to remove same upon
termination.
1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents,
manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the
transmission usage above within the Crossing, and as shown on attached Application Form.
1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by
Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor.
CSXT Form 2037G - Page 2
Revised November, 2005 0
Agreement No. CSX-049636
2. ENCROACHMENT INVENTORY FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee
increases, Licensee shall pay Licensor a one-time nonrefundable Encroachment Inventory Fee of
FIVE HUNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement.
Licensee agrees that the Encroachment Inventory Fee applies only to the original Licensee under
this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or
assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Pipeline or Crossing.
2.3 This Agreement shall terminate (1) December 27,2030, or (2) as herein provided,
but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for the
purpose(s) above, (b) removal of the Pipeline, (c) subsequent mutual consent, and/or (d) failure of
Licensee to complete installation within 5 (five) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee hereby
agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the
cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said
Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications) and Licensee's
particular industry, and/or any governmental or regulatory body having jurisdiction over the
Crossing or Pipeline.
3.2 Location and construction of Pipeline shall be made strictly in accordance with
design(s) and specifications furnished to and approved by Licensor, and ofmaterial(s) and size(s)
appropriate for the purpose(s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s)
satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the
safe use and operation of Licensor's property and appurtenances thereto.
CSXT Form 20370 - Page 3
Revised November, 2005 121
Agreement No. CSX-049636
3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting without the separate express
written consent of Licensor. As a condition to such consent, a representative will be assigned by
Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or
expense of furnishing said monitor.
3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or
natural or weather events, which are necessary to protect or facilitate Licensor's use of its property,
shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has
notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment
and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline,
and if the same is not performed, may make or contract to make such repairs or renewals, at the
sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or method
of construction or maintenance of said Crossing, nor any approval given or supervision exercised
by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a
waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this
Agreement.
3.8 All work on the Crossing shall be conducted in accordance with Licensor's safety
rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including
losses resulting from train delays and/or inability to meet train schedules) arising from any failure
of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from
improper or incomplete repairs or maintenance to Pipeline.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Crossing for the
contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s)
(including but not limited to zoning, building, construction, health, safety or environmental
matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall
conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and
shall comply with all applicable ordinances, rules, regulations, requirements and laws of any
governmental authority (state, federal or local) having jurisdiction over Licensee's activities,
including the location, contact, excavation and protection regulations of the Occupational Safety
and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You
Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
CSXT Form 2037G - Page 4
Revised November, 2005 0
Agreement No. CSX-049636
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed in a manner satisfactory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
as Licensor may approve.
5.2 After construction or maintenance of Pipeline, Licensee shall:
(A) Restore said track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline
or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Crossing area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in grade
or alignment of, additions to, or relocation oftrack(s) or other facilities, or in the event future use
of Licensor's right-of-way and property necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice
in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate such track(s)
or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at
Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and
Crossing in relation to the existing tracks and facilities, and shall relocate Pipeline or change
Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement or of any public authority.
CSXT Form 2037G - Page 5
Revised November, 2005 {(}
Agreement No. CSX-049636
7.2 If Licensee Wldertakes to revise, renew, relocate or change all or any part of
Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change
in operating pressure, or change in materials transmitted in and through said pipe), or is required by
any public agency or court order to do so, plans therefor shall be submitted to Licensor for
approval before any such change is made. After approval the terms and conditions of this
Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with
Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance
of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or
otherwise) with Licensor's communication, signal or other wires, powerlines, train control system,
or facilities; or (b) interference in any manner with the operation, maintenance or use of the right-
of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then
and in either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action
or make such changes in its Pipeline as may be required in the reasonable judgment of Licensor to
eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so
or contract to do so, at Licensee's sole cost.
8.2 Without assuming any duty hereWlder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to Wldertake necessary repairs,
maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law
(Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless
from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor
may suffer, sustain, incur or in any way be subjected to, on accoWlt of death of or injury to any
person whomsoever (including officers, agents, employees or invitees of Licensor), and for
damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in
any way connected with the construction, presence, existence, repair, maintenance, replacement,
operations, use or removal of Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the
willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by
State law, during any period of actual construction, repair, maintenance, replacement or removal of
pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way,
Licensee's liability hereWlder shall be absolute, irrespective of any joint, sole or contributory fault
or negligence of Licensor.
CSXT Form 2037G - Page 6
Revised November, 2005 '"
Agreement No. CSX-049636
9.2 Use of Licensor's right-of-way involves certain risks ofloss or damage as a result of
the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and
damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or
any interference with use thereof, regardless of cause, including electrical field creation, fire or
derailment arising out of rail operations. For this Section, the term "Licensee's Property" shall
include pipe contents as well as property of third parties situated or placed upon Licensor's right-
of-way by Licensee or by such third parties at request of or for benefit of Licensee.
9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility
for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and
expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden
pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in
connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape
of the material transmitted in or through said Pipeline; (b) any claim or liability arising under
federal or state law dealing with either such sudden or nonsudden pollution of air, water, land
and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of
lateral or subjacent support ofthe tracks arising from such Pipeline leakage.
9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the right-
of-way on which the Crossing is located, and their respective officers, agents and employees.
9.5 If a claim is made or action is brought against either party, for which the other party
may be responsible hereunder, in whole or in part, such other party shall be notified and permitted
to participate in the handling or defense of such claim or action.
10. INSURANCE:
10.1 Prior to commencement of surveys, construction or occupation of Crossing
pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of
this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability
Insurance (CGL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION
AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily
injury liability and property damage liability is currently required as a prudent minimum to protect
Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide
for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any
policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code 1180,
500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code
C907 at the address listed above.
CSXT Form 20370 - Page 7
Revised November, 2005 0
Agreement No. CSX-049636
10.2 If said COL policy does not automatically cover Licensee's contractual liability
during periods of survey, construction, maintenance and continued occupation, a specific
endorsement adding such coverage shall be purchased by Licensee. If said COL policy is written
on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate
time for reporting losses. Failure to do so shall be at Licensee's sole risk.
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to
State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising
under this Agreement, under a funded program of self-insurance, which fund will respond to
liability of Licensee imposed by and in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor.
10.5 In the event Licensee finds it necessary to perform construction or demolition
operations within fifty feet (50') of any operated railroad track( s) or affecting any railroad bridge,
trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b)
require its contractor(s) performing such operations to procure and maintain during the period of
construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL)
Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current
ISO/RIMA Form (ISO Form No. CO 00 35 01 96) with limits of FIVE MILLION AND 00/100
U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at
least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual
policy period, with Pollution Exclusion Amendment (ISO CO 28 31 11 85) if an older ISO Form
CO 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior
to commencement of such construction or demolition. Licensor reserves the right to demand
higher limits.
At Licensor's option, in lieu of purchasing RPL insurance from an insurance company
(but not COL insurance), Licensee may pay Licensor, at Licensor's current rate at time of
request, the cost of adding this Crossing, or additional construction and/or demolition activities,
to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction.
This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor
of Licensee, to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
CSXT Form 2037G - Page 8
Revised November, 2005"
Agreement No. CSX-049636
11.2 If Licensor deems it advisable, during the progress of any construction,
maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen,
flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others
on Licensor's right-of-way, and to keep persons, equipment and materials away from the track(s),
Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable
for failure to do so.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force accoWIt" work) and materials for any work
performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30)
days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. Licensor may, at
its discretion, request an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision WIder "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all materials used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate(s). Licensor may, at its
discretion, require advance deposit for estimated costs and expenses associated herein.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely
perform any of said covenants or remedy any breach within thirty (30) days after receiving written
notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad
emergency), Licensor shall have the option of immediately revoking this Agreement and the
privileges and powers hereby conferred, regardless of encroachment inventory fee(s) having been
paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal
in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein
contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing by
Licensor.
CSXT Form 2037G - Page 9
Revised November, 2005 '"
Agreement No. CSX-049636
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of:
(a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline
from the Crossing. However, neither revocation nor termination of this Agreement shall affect any
claims and liabilities which may have arisen or accrued hereunder, and which at the time of
termination or revocation have not been satisfied; neither party, however, waiving any third party
defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and
expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto
agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c)
reimburse Licensor any loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (Jacksonville Division, 6735
Southpoint Drive, J-390, Building II, Jacksonville, FL 32216) at least thirty (30) days written notice
before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice
may be given to said Division Engineer. The rail operations emergency phone number for Licensor
is: 1-800-232-0144. The emergency phone number for Licensee is: (727) 562-4900.
15.2 All other notices and communications concerning this Agreement shall be addressed
to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT
Contract Administration, J180; or at such other address as either party may designate in writing to
the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent
via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered
effective upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent
shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a
copy of all documents attesting to such change or legal succession, within thirty (30) days thereof.
CSXT Form 2037G - Page 10
Revised November, 2005 '"
Agreement No. CSX-049636
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to
any grantee, lessee, or vendee of Licensor's underlying property interests in the Crossing, upon
written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encwnbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of such
revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur
as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-
way and rail corridors under all forms and qualities of ownership rights or facts, from full fee
simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be
deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for
any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by
Licensee under any rights created in this Agreement. It is expressly understood that Licensor
does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants
and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Right-of-Way, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of the
Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of
the State where the Crossing is located otherwise permits Licensor to make such grants to
Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion
of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess
being otherwise granted to Licensee. With regard to any other portion of Right-of- Way
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right-of-Way
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Right-of-Way that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to
any portion thereof arising from Licensee's use or occupancy thereof.
CSXT Form 2037G - Page 11
Revised November, 2005 0
Agreement No. CSX-049636
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based upon
Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing,
including claims for punitive or special damages.
17.5 Licensee shall not at any time own, or claim any right, title or interest in or to
Licensor's property occupied by the Crossings, nor shall the exercise of this Agreement for any
length of time give rise to any right title or interest in License, to said property other than the
license herein created.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire understanding
between the parties hereto.
18:2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the
form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or
against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable Federal, State,
County, Municipal or other local statute, ordinance or law(s). However, each separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and
severable status for the determination of legality, so that if any separate division is determined to be
void or unenforceable for any reason, such determination shall have no effect upon the validity or
enforceability of each other separate division, or any combination thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in which
the Pipeline and Crossing are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due
date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen
percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
CSXT Form 2037G - Page 12
Revised November, 2005 0
Agreement No. CSX-049636
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid
in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
IN WIlNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor:
CSX TRANSPORTATION, INC.
By:
Print/Type Name:
Print/Type Title:
Witness for Licensee:
CLEARWATER GAS SYSTEM
By:
COUNTERSIGNED:
Who, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
Frank V. Hibbard
Mayor
Print/Type Name: William B. Horne II
Print/Type Title: City Manager
Approved As To Form:
Tax ID No.
Authority under Ordinance or
Resolution No. 06-24
dated
Laura Lipowski
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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FORM CSXT 7455 - Rev. l/Ol/05(page 1 of2)
APPLICATION FOR PIPELINE
CROSSING OR PARALLELING PROPERTIES AND TRACK
Submit one original and one copy of both the application and drawing along with a $750.00
nonrefundable Application Fee to CSX Transportation, Property Services 1180, 500 Water
Street, Jacksonville, FL 32202.
Application and plans must be approved and written authority received from the Railroad before
construction is begun. Your proposal and construction must be in accordance with CSXT's
Specifications and any current governing laws or regulations. Note: Specifications furnished in
the Application Package are to be used as a guideline only. CSXT reserves the right to approve
or decline any application.
PLEASE SIGN BEFORE COMPLETING: Agreement No.: 0451 fr, 3"
I affirm the information I am furnishing in this application will comply with the current AREMA Standards, governing
laws or regulations, and ccurately refl cts the proposed construction plans: I I 1.-
7)' 11 0 ;l.q O.l
Signature: ~ ~.j, v~,.... Application Date: 9/141'5.3
/g ... 6$
~roject Owner Information:1 [gI Check here if agreement should be mailed to this address
1. Complete Legal Name of applicant as it would appear in a J~a1 document (inaccurate information will delay
your request): Clearwater Gas System
2. Company Contact Name: Tom Sewell
Title: Director of Operations .
3. Telephone: (727) 224-7321 Ext: _ Fax: (727) 562-4903 E-Mail: tsewell@clearwatergas.com
Company Emergency Contact Number ( in case of derailment, fallen wire, etc.) (~'l."f ) ~(,2-490()
4. Street Address: 400 N. Mvrtle Ave City: Clearwater State: FL Zip: 33755
5. Type of business: .
DCorporation (State of incorporation--->
DPartnership (Type and State of Partnership --->
D Individual D Developer IZI Municipality D Other
!Engineer/Consultant Information:1 D Check here if agreement should be mailed to this address
6. Company Name: HDR Engineering
7. Company Contact Name: Barbara Bowen Title: Sr. Utility Coordinator
8. Telephone: (813) 282-2414 Fax: (813) 282-2430 E-Mail: barbara.bowen@hdrinc.com
9. Street Address: 2202 N. West Shore Blvd City: Tampa State: FL Zip: 33607
~roject Information:1 (Note: Metric Information will NOT he accepted.)
10. Is this installation: [gI New D Revision to existing D Attachment to existing 0 Upgrade to existing
11. If not a new installation, furnish existing Agreement Number: N/ A
12. If this installation is to be a supplement to your master (general) agreement, furnish:
Agreement Number: NI A Date: N/ A
13. Your Reference Number: N/A
14. Work to be performed by:
o Applicant's employees Is Applicant an Aegis member? DYes D No
L8J Contractor Contractor Name: Knight Ente:rprise
15. Town Location: Land'O Lakes County: Pasco StatelProvince: Florida
(Form continued on Page 2)
FORM CSXT 7455 - Rev. 1/01/05(Page 2 of 2)
lProiect Information Cont'd:1
Flammable: ~ Yes D No
16. Product to be Conveyed: Natural Gas
Temperature: 60deg
17. Maximum Working Pressure: 60 psi Field Test Pressure: 135 psi Type Test: 24 hr Air Test
18. Location of Shut-Off Valves: 195' West of CIL of track and 240' East of CIL of Track
19. Number:D ManholesN/A D Other (describe) N/A to be located within Railroad corridor. Manholes shall be
flush with top of ground and dimensions of ancillary structures are required on drawing.
Distance from manholes/other to nearest track: N/ A
Angle of Crossing: 76 deg Number of Tracks to be crossed: 1
PIPE SPECIFICATIONS: CARRIER PIPE:
Material HDPE
Material Specifications & Grade SDR 11
Minimum Yield Strength of Material PSI 700 psi
Inside Diameter 6"
Wall Thickness 0.602"
Outside Diameter 6.625"
Type of Seam N/ A
Kind of Joints Buttfused
Total Length Within Railroad R/W 195' 195'
Tunneling (Liner Plates) Note: Attach manufacturer's shop detail and computations that
include plate thickness and !!a!!e.
Vents: Number 2. Size 2" Height above ground 48"
Seals: D One End ~ Both Ends
Bury depth: Base of rail to top of casing: 11 feet Q inches
Not beneath tracks: varies feet inches
(Below ditches) 1 feet, Q inches
Cathodic Protection: D Yes [8J No Protective Coating: [8J Yes (Kind)E?oxv Coating DNo
Method of installation: Jack and Bore ( Note: Direction Boring is Prohibited, See Specs)
Location of boring pits from adjacent track @ 900: Launching Pit: 160 ft., Receiving Pit: 55 ft.
Temporary track support or riprapping required? DYes [8J No (Describe and Detail on Drawing)
Wires, poles, obstructions to be relocated? D Yes [8J No (Describe and Detail on Drawing)
Is this both a Crossing and Parallelism? D Yes ~ No
Crossing location: 1265 feet North (direction) from Railroad Milepost: 817
If known: Valuation Station: N/ A Valuation Map Number: _
If known: LatitudeILongitude: N/ A
If known: Street Address of CrossingIParallelism: N/ A
Parallelism location: Beginning: N/ A feet _ (direction) from RR Milepost: _
and Ending: _ feet _ (direction) from RR Milepost: _
Total length on Railroad R/W: 195 Length Crossing: 195 Length Paralleling: _
Will line be entirely within a public road R/W? [8J Yes D No DOT/AAR Crossing No.: 624923X
** If you answered yes, road name, number, and width of public right-of-way are required on drawing
32. a) Will this occupancy connect to an existing facility within Railroad corridor? DYes [8J No
b) If Yes, name facility owner(s):
20.
21.
22.
CASING PIPE:
Steel
API 351. Grade B. X-42
42.000
.. 10.1511
0.188"
18.79' I:J!
Elec. Resistance Weld
Welded
23.
24.
25.
26.
27.
28.
29.
30.
31.
/Railroad Use Only:/
Division :1A.t/($D;WILLt
Absolute No.: n'fsag
Valuation Station: i~DluM?5'
Milepost: SR-<1lb.lb
Subdivision
B~IXKS;JllLE VNI~l' ,o~e.rossings: I
Valuation Section/Map No.: ::I-~IL
C SX-o~%3b
Roadmaster No.: Pbt
Contr. Type: P 16-~ttJ
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Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve acceptance of a FY 2005-2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $66,807 from the U.S.
Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) and approve an agreement with the YWCA of Tampa Bay for provision
of contractual services during the period October 1, 2007 - September 30,2008, in accordance with Sec. 2.564(1)(b), Code of Ordinances-
Sole Source
SUMMARY:
On March 2, 2006, the City Council approved the submission of the Police Department's grant application for federal grant funding in the
amount of $66,807 for continuation of its award-winning program, Operacion Apoyo Hispano (Operation Hispanic Outreach). On April 28,
2006, the Police Department received official notification from USDOJ/BJA that the JAG grant had been awarded. The Police Department
is now seeking City Council approval to accept the grant and to enter into a contractual agreement with the YWCA of Tampa Bay to
administer Operacion Apoyo Hispano, which consists of advocacy, interpretation, translation of documents, and crime prevention/education
activities. These contractual expenses will be incurred during a one-year period of October 1,2007 - September 30, 2008. (The current JAG
funding for the program will expire on September 30,2007 - this new JAG grant will allow continuation of the program for another year.).
A contractual agreement between the City of Clearwater and the YWCA of Tampa Bay has been prepared. A copy of the agreement will be
available for review in Official Records and Legislative Services. Special Project No. 181-99299 has been established to account for the
grant expenditures. There is no match required for this grant.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Clerk
AGREEMENT
THIS AGREEMENT is made and entered into on the _ day of
2006, by and between the YWCA of Tampa Bay, hereinafter referred to as the
"Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter
referred to as the "City", hereby incorporates by reference the City of Clearwater's
"Standard Requirements for Requests for Proposals"; Exhibit A - Insurance
Requirements; and Exhibits B & C - Scope of Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the U. S. Department of
Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance
Grant Program, in the amount of $66,807, for the implementation of "Operacion Apoyo
Hispano;"
WHEREAS, the Contractor has agreed to implement and administer Operacion
Apoyo Hispano in partnership with the City;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commence on the 1 st day of October, 2007, and shall terminate
on the 30th day of September, 2008, unless earlier terminated by either party hereto.
Either party may terminate this Agreement upon thirty (30) days prior written notice.
2. CONTRACTOR'S SERVICES.
The Contractor shall furnish all material and perform all of the work for administration
and implementation of Operacion Apoyo Hispano, which provides interpreter, victim
advocacy, and crime prevention services to Hispanics in the City per the attached
Scope of Services (Exhibits B and C).
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay for costs associated
with the implementation of the program as specifically indicated in Exhibits Band C.
The Contractor shall submit monthly billing to the City, including all invoices, receipts,
copies of payroll checks, and other documentation of expenses for which the Contractor
seeks reimbursement pursuant to this Agreement. Such monthly billing shall be
submitted to the City no later than twenty (20) days after the close of each month. The
City's maximum liability under this contract shall not exceed $66,807 - the total amount
of the grant.
4. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party shall
not be deemed to imply or constitute a waiver of any rights, condition, or covenant and
neither party may rely on such failure.
5. NOTICE.
Any notice or communication permitted or required by the Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the appropriate party at the address set forth
below:
A. NOTICES TO CONTRACTOR:
Mail to:
Susan Finlaw-Dusseault,
Chief Executive Officer
YWCA of Tampa Bay
655 Second Avenue South
S1. Petersburg, FL 33701
With a copy to:
Sandra Lyth
Vice President of Program Development
YWCA of Tampa Bay
655 Second Avenue South
S1. Petersburg, FL 33701
B. NOTICES TO CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
With a copy to:
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
6. ENFORCEABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable, the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
7. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignment by
the Contractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior written consent of the City.
9. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shall comply with all applicable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability of any other
provision.
In witness whereof, the parties hereto have set their hands and seals on the date first
above written.
Countersigned:
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
YWCA OF TAMPA BAY
By:
Susan Finlaw-Dusseault
Chief Executive Officer
INSURANCE REQUIREMENTS
EXHIBIT A
The vendor shall provide insurance and comply with all requirements as contained
herein prior to performing any services or providing any products to the City.
a. Insurance
The applicant shall furnish, pay for, and maintain during the life of the contract
with the City the following liability coverage:
1. Comprehensive General Liability Insurance on an "occurrence" basis
in an amount not less than $500,000 combined single-limit Bodily
Injury Liability and Property Damage Liability.
2. Business Automobile Liability insurance in the amount of at least
$500,000, providing Bodily Injury Liability and Property Damage
Liability.
3. Workers' Compensation Insurance applicable to its employees for
statutory coverage limits, and Employers' Liability that meets all
applicable state and federal laws.
b. Additional Insured
The City is to be specifically included as an additional insured on all liability
coverage shown in sections 1 and 2 described above.
c. Notice of Cancellation or Restriction
All policies of insurance must be endorsed to provide the City with thirty (30)
days' notice of cancellation or restriction.
d. Certificates of Insurance/Certified Copies of Policies
The applicant shall provide the City with a certificate or certificates of insurance
showing the existence of the coverage required by this Agreement. The applicant
will maintain this coverage with a current certificate or certificates of insurance
throughout the term stated in the proposal. When specifically requested by the
City in writing, the applicant will provide the City with certified copies of all
policies of insurance as required above. New certificates and new certified
copies of policies (if certified copies of policies are requested) shall be provided
to the City whenever any policy is renewed, revised, or obtained from other
insurers.
1
e. The certificates and/or certified policies shall be sent or delivered to the
Project Manager and addressed to: The address where such certificates and
certified policies shall be sent or delivered as follows:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
f. The applicant shall defend, indemnify, save and hold the City harmless from
any and all claims, suits, judgments and liability for death, personal injury,
bodily injury, or property damage arising directly or indirectly from the
performance by the applicant, its employees, subcontractors, or assigns,
including legal fees, court costs, or other legal expenses. Applicant
acknowledges that it is solely responsible for complying with the terms of this
Agreement. In addition, the applicant shall, at its expense, secure and
provide to the City, prior to beginning performance under this Agreement,
insurance coverage as required in this Agreement.
Any party providing services or products to the City will be expected to enter to a written
agreement, contract, or purchase order with the City that incorporates, either in writing
or by reference, all of the pertinent provisions relating to insurance and insurance Any
party providing services or products to the City will be expected requirements as
contained herein. A failure to do so may, at the sole option of the City, disqualify any
bidder or proposer of services and/or products to the City.
2
EXHIBIT B
YWCA OF TAMPA BAY INTERPRETER PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and
scope of the Edward Byrne Memorial Justice Assistance Grant Program,
administered by the U.S. Department of Justice, Bureau of Justice Assistance,
and will specifically comply with all Acceptance Agreement Conditions as listed in
the Grant Award and Special Conditions documents.
Program Components
1. Supervision
. Fulfill the functions of supervisor for interpreters and any volunteers or
other staff that may be connected with the program
. Maintain an on-call procedure which meets the needs of the Clearwater
Police Department (CPO), revising and improving as necessary.
. In collaboration with CPO, maintain a protocol for working with the police
and the courts, in various settings, including interviews, the scene of a
crime, and in legal proceedings, revising and improving as necessary.
2. Recruiting
. Maintain a group of approximately 12 trained interpreters, who are fluently
bilingual in Spanish and English, to act as interpreters between Spanish
speaking residents of the City of Clearwater and the police.
. In collaboration with the CPO, continue to recruit, screen, and train
interpreters, as needed.
3. Information Management
. Maintain an information management system, including reports written by
the interpreters following a call-out.
. From this information, maintain a data base of critical information,
including descriptions of the incidents, the participants, time of day, etc.,
which will be developed into a formal evaluation
4. Written Translations
. Provide qualified translators to translate written documents for CPO as
needed.
2
5. Reporting
. Provide reports to the CPO and the CEO of the YWCA as required.
EXHIBIT C
YWCA OF TAMPA BAY ADVOCACY PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and
scope of the Edward Byrne Memorial Justice Assistance Grant Program,
administered by the U.S. Department of Justice, Bureau of Justice Assistance,
and will specifically comply with all Acceptance Agreement Conditions as listed in
the Grant Award and Special Conditions documents.
Program Components
1. Outreach
. Contact individuals and organizations in the community, providing
information about the advocacy services of the YWCA of Tampa Bay
. Provide direct information to victims and potential victims of crime through
notices in Spanish speaking businesses, churches, public speaking, and
word of mouth
2. Intervention
. Provide advice and counseling with the objective of having the incident(s)
reported to the police
. Provide support and assistance during interviews, legal proceedings, and
related processes
3. Referral and Support
. Assist Hispanic victims to gain access to services that may be required by
the victim as a result of a crime, such as alternate housing, financial aid,
medical care, and services for children, as needed
. Refer the victim to agencies and services which have a Spanish speaking
capability, according to the needs of the individual
. Assist the victim in maintaining a working relationship with the police
during the process
4. Liaison with the Clearwater Police Department (CPO)
2
. Provide information to Senior Officials and Officers of CPO regarding
obstacles faced by Hispanic residents in reporting crimes and seeking
redress through the legal system
. Provide training or orientation to members of the CPO regarding the
program
. Work continuously with representatives of the CPO to improve the
awareness of Hispanic residents of the services available to them through
the legal system.
5. Public Education
. Attend meetings, give presentations, and perform other functions which
will enhance the visibility of the needs of the Hispanic community,
specifically victims of crime, and the needs of Hispanic women and girls
6. Outcomes
. The Coordinator of Hispanic Services will maintain records of activity and
case by case outcome on all of the above responsibilities. The
Coordinator will prepare a monthly report, to be reviewed by the Hispanic
Services Advisory Committee of the YWCA, and the Clearwater Police
Department.
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a ten-year franchise renewal with Knology Broadband of Florida, Inc. for the provision of cable services using City rights-of-way
effective June 20, 2006, and pass Ordinance 7655-06 on first reading.
SUMMARY:
The current franchise agreement with Knology Broadband of Florida (Knology) for the provision of cable video services in Clearwater
expires June 20. The original franchise was awarded to GTE Americast June 20, 1996, and subsequently transferred to Verizon following
their purchase of GTE assets. The franchise was again transferred with several amendments to Knology in 2003. The franchise agreement
outlines service provisions for the use of city rights-of-way for the delivery of cable services; mandates certain channels for the provision of
public, educational and government access (PEG); outlines standards for construction, maintenance and liability; and requires dedicated
support to government access television through cash and in-kind support. The new franchise includes the following provisions: - Knology
will continue to provide PEG channels. - Knology is required to provide cable access to any City facility within 200 feet of their existing
infrastructure. - Clearwater has the option to override audio on all Knology channels to cablecast emergency information. - Knology will
provide $19,500 annually in government access support to C- VIEW 15. - In addition, Knology will provide a grant equivalent to $3
multiplied by the number of Clearwater subscribers upon approval of the franchise and again in year five of this agreement. - Knology will
compensate Clearwater $5,000 for the cost of negotiation, payable upon approval of this agreement. - Knology will provide a minimum of
12 public service announcements annually to run on all channels as available. - Knology is required to meet or exceed FCC standards, and
meet or exceed customer service standards as outlined in the agreement. Any costs ofrenegotiation in the future will be borne by Knology.
This franchise reflects an equitable agreement to the current franchise held by Brighthouse Networks, which remains in effect until 2011.
Knology currently has approximately 5,500 subscribers in Clearwater.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review Approval: 1) Clerk
ORDINANCE NO. 7655-06
AN ORDINANCE ESTABLISHING A FRANCHISE AGREEMENT
BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
KNOLOGY BROADBAND OF FLORIDA, INC. GRANTING A
CABLE TELEVISION FRANCHISE TO KNOLOGY TO
CONSTRUCT, OPERATE AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN CLEARWATER, FLORIDA; AND
PROVIDING FOR THE CONDITIONS, REGULATIONS AND USE
OF THE SYSTEM.
WHEREAS, Knology Broadband of Florida, Inc. ("Grantee") desires to continue to operate a
cable television system in Clearwater, Florida; and
WHEREAS, The City Council of the City of Clearwater, Florida, ("Grantor") pursuant to the
laws of the State of Florida, is authorized to grant franchisees for the construction, operation,
and maintenance of cable television systems; now therefore,
BE IT ORDAINED by the City Council of the City of Clearwater:
Section 1. PURPOSE.
The purpose of this Ordinance is to grant to the Grantee a non-exclusive franchise to erect and
maintain a cable television system within the Clearwater, Florida. The term "Grantee,"
whenever used in this Ordinance, shall apply to its successors and assigns, provided Grantor
has given its written consent to any successor or assignee in accordance with the provisions of
this Ordinance.
Section 2. DEFINITIONS.
The following words, terms, and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
A. Agency - means the City Council of the City of Clearwater, Florida.
B. Cable Services - has the meaning provided in federal law.
C. Cable Television System - has the meaning provided in federal law.
D. Channel - means a portion of the electromagnetic frequency spectrum, which is capable
of delivering both the audio and video portions of a television signal.
E. Customer - means any person receiving Cable Services from Grantee.
F. Educational Access Channel - means a channel reserved for use by local education
institutions for locally originated non-commercial programming associated with local
education functions.
Page 1 of 14
Ordinance No. 7655-06
G. Federal Communication Commission (FCC) - is the present federal agency of that name
as constituted by the Communications Act of 1934, or any successor agency created by
the United States Congress.
H. Franchise Area - means the incorporated areas of Clearwater, Florida.
I. Governmental Access Channel - means a channel reserved for use by the Grantor for
locally originated non-commercial programming concerning local government functions.
J. Public Street - is the surface of and space above and below any public street, highway,
boulevard, parkway, alley, right-of-way, public utility easement, and any other public
ground or water within the Franchise Area or belonging to the Grantor.
Section 3. GRANT OF AUTHORITY.
A. The City of Clearwater does hereby grant unto the GRANTEE the non-exclusive right,
privilege, and franchise to erect, maintain, and operate a cable television system and
any and every type of transmission or distribution facilities now in existence or hereafter
developed incident thereto in, under, over, along, across, and upon the streets, lanes,
avenues, alleys, public or utility easements, bridges, highways, and other public places
as now exist or may come into existence in the future, and any property which may from
time to time be added thereto.
Nothing in this ORDINANCE shall limit the right of the GRANTEE to transmit any kind of
signal, frequency, or provide any type of service now in existence or which may come
into existence and which is capable of being lawfully transmitted and distributed by
those facilities owned and operated by the GRANTEE. The provision by the GRANTEE
of any service other than cable service shall be subject to all applicable laws and
regulations during the term of the Franchise Agreement and to any right the CITY OF
CLEARWATER may have to require fair and reasonable compensation for GRANTEE's
use of the rights-of-way to provide such service provided that such requirement is non-
discriminatory and competitively neutral.
B. The ORDINANCE will authorize the GRANTEE to use City of Clearwater roads, streets,
and right-of-ways for installing necessary cable, wires, lines, optical fibers, etc., within
specified areas in the City of Clearwater. Any franchise granted will be non-exclusive
and will not expressly or implicitly preclude the issuance of other franchises to operate
cable systems within the City of Clearwater or necessarily preclude the City of
Clearwater's right to operate its own cable system.
C. Notwithstanding the grant of a franchise, GRANTEE will still be subject to all applicable
state, federal, and City of Clearwater rules, statutes, ordinances, resolutions, and
regulations existing during the term of the Franchise Agreement, as well as those of the
CITY OF CLEARWATER which are promulgated in the exercise of its police power and
not inconsistent with the terms and conditions of this ORDINANCE.
D. The term of this franchise shall be ten (10) years, commencing on June 20, 2006 and
expiring on June 20, 2016.
Ordinance No. 7655-06
Page 2 of 14
Section 4. SYSTEM REQUIREMENTS.
A. The cable television system to be constructed by GRANTEE shall be, at a minimum,
installed, maintained, and operated at all times in full compliance throughout the system
with the technical standards of the Federal Communications Commission, as they exist
on the effective date of this ORDINANCE, or as may hereafter be amended. The
results of annual performance tests conducted in accordance with Section 76.601@,
FCC Rules (or such other section of the Rules as shall incorporate its substance) shall
be retained for at least five (5) years and available for inspection by the CITY OF
CLEARWATER.
B. The facilities used by GRANTEE shall have a minimum capacity of 750 MHz, and that a
minimum 110 channel capacity of entertainment and information will be available on the
effective day of the Ordinance. The System shall also be capable of distributing color
television signals, and when the signals the GRANTEE distributes are received in color,
they shall be distributed in color where technically feasible. Company will attempt to
keep up with modern technology, throughout the duration of this ordinance.
C. GRANTEE shall maintain and operate its system and render efficient service in
accordance with the terms and conditions of this ORDINANCE.
D. The cable system and all equipment will be capable of providing service on a full time
basis, i.e., twenty-four hours per day, seven days per week.
E. Whenever it is necessary to shut off or interrupt service for the purpose of making
repairs, installations, or adjustments, GRANTEE shall do so at such times as will cause
the least amount of inconvenience and unless unforeseen and immediately necessary,
it shall give reasonable notice thereof to its customers.
F. The GRANTEE agrees and binds itself to extend its lines and to serve any and all
applicants for cable television service whose dwellings or places of business are located
within the franchise area and who in good faith have signified their willingness to
subscribe for such television service, provided that these applicants are in an area of
density of at least thirty (30) dwelling units per cable mile. For purposes of this section,
if GRANTEE has not been granted the authority by an owner or association of owners
to extend its facilities to individual apartments, condominiums, and co-operative units
within the interior of a multiple unit buildings or complex of multiple-unit buildings shall
be considered a single dwelling unit. Density per cable mile shall be computed by
dividing the number of dwelling units in the area by the length, in miles or fractions
there, of the total amount of aerial or underground cable necessary to make service
available to the dwelling units in such area in accordance with the GRANTEE's system
design parameters. The cable length shall be measured from the nearest point of
access to the then-existing system, provided that extension is technically feasible from
that point of access, and located within the public streets. The total cable length shall
exclude the drop cable necessary to service individual Customer premises.
The installation of extension required hereunder will be at the expense of the
GRANTEE, except where such extension would require:
Page 3 of 14
Ordinance No. 7655-06
1. A drop line of more than one hundred fifty (150) feet from the GRANTEE'S
distribution line, and
2. Unreasonable or uneconomical expenses by the GRANTEE, considering the
potential service revenue to be derived there from.
G. For applicants in areas with a density of less than thirty (30) dwelling units per cable
mile, the GRANTEE may extend its lines or service to those applicants at its discretion.
H. The GRANTEE shall have the right to prescribe the reasonable service rules and
regulations for the conduct of its business, not inconsistent with the provisions of this
ORDINANCE. GRANTEE shall provide a copy of any such written rules and regulations
to the City of Clearwater. The GRANTEE shall have the responsibility of interpreting
and administering such rules and regulations on a fair and equitable basis.
I. The GRANTEE shall maintain its service in accordance with such reasonable standards
regarding uniformity of transmission, input RMS noise levels, channel voltages, so as to
conform to highest industry standards. For the purpose of implementing the terms of
this section, the GRANTEE shall maintain, without charge, adequate test equipment to
perform periodic tests to determine whether such standards are being complied with.
The GRANTEE shall cooperate to permit the City of Clearwater, or its qualified
representative, to observe such tests upon request.
J. The Grantee's distribution system shall be operated with compete freedom from
spurious radiation to the extent required by federal regulation. Equipment adequate to
detect spurious radiation shall be furnished by the GRANTEE at its expense.
K. The antenna, receiving equipment, and distribution system shall be installed and
maintained so as to give a reasonable noise-free picture on each channel received.
L. The installation and maintenance of equipment shall be such that no objectionable
intermodulation distortion will occur.
M. Installation and maintenance of equipment shall be such that standard NTSC color
signals shall be transmitted to any customer/receiver without objectionable picture
degradation.
N. GRANTEE will provide and maintain general stand-by power for each headend and
battery stand-by power for its system plant to provide for continuous operations of
systems for two hours.
O. GRANTEE at its own expense will perform tests designed to demonstrate compliance
with the technical standards of the FCC as required by the FCC and shall, upon
request, provide copies of the test results to the City of Clearwater or permit inspection
thereof by the City of Clearwater.
Section 5. CONDITIONS ON STREET OCCUPANCY AND SYSTEM CONSTRUCTION.
A. The GRANTEE's transmission and distribution systems, poles, posts, wires and
appurtenances shall be located erected, and maintained so that none of it shall interfere
with the lives of persons, or interfere with any improvements the City of Clearwater may
deem proper to make, or hinder or obstruct the free use of the streets, alleys, bridges,
or other public property. Construction and maintenance of the transmission distribution
Ordinance No. 7655-06
Page 4 of 14
system, including house connections, shall be in accordance and in full compliance with
all applicable rules and regulations. All construction and maintenance activities shall be
completed in accordance with the requirements of the "Manual of Uniform Minimum
Standards for Design, Construction, and Maintenance for Streets and Highways (Florida
Green Book).
B. In the maintenance and operation of the television transmission distribution system, and
in the course of any new construction or addition to its facilities, the GRANTEE shall
proceed in a safe manner and cause the least possible inconvenience to the general
public. Any opening or obstruction in the roads, streets, or other public places made by
the GRANTEE in the course of its operations shall be guarded and protected at all times
by placement of adequate barriers, fences, or boarding, the bounds of which during the
periods of dusk and darkness, shall be clearly designated by warning lights.
C. Any pavements, sidewalks, curbing, right-of-way, or other area taken up, or any
excavations made by the GRANTEE shall be done under permits issued by City of
Clearwater Public Works and shall be done in such manner as to give the least
inconvenience to the inhabitants. GRANTEE shall, at its own cost and expense,
replace and restore the pavements, sidewalks, curbing or other paved areas and grass
areas which it has disturbed to as good a condition as before the work involving such
disturbance was done, and shall also make and keep full and complete plats, maps and
records on computer showing the exact locations of its facilities located within the public
streets, right-of-ways and easements of the CITY. These maps shall be filed by the
GRANTEE with the Planning Department and the Public Works Department.
D. The GRANTEE shall not place any fixtures or equipment where the same will
unreasonably interfere with existing gas, electric, telephone, or wire lines, fixtures and
equipment; and the location by the GRANTEE of its lines and equipment shall be in
such manner as to not unreasonably interfere with the usual travel on said streets,
alleys, and public ways.
E. GRANTEE shall, on the request of any person holding a building permit, temporarily
raise or lower its wires to permit the moving of buildings. The expense of such
temporary removal or raising or lowering of wires shall be paid by the person requesting
same, and the GRANTEE shall have the authority require such payment in advance.
The GRANTEE shall be given not less than 48 hours' advance notice to arrange for
such temporary wire changes.
F. GRANTEE shall have authority to trim the trees upon and overhanging the public
streets upon obtaining prior approval of the Public Works Department so as to prevent
the branches of such trees from coming in contract with the wires and cables of the
GRANTEE.
G. In all sections of the Franchise Area where the cable, wires, or similar facilities of public
utilities are placed underground, the GRANTEE shall place its cables, wires or other like
facilities underground to the extent that existing technology reasonably permits the
GRANTEE to do so.
H. GRANTEES cable in CITY rights-of-way shall be buried to the depth specified in
generally applicable CITY regulations in effect at the time of installation.
Page 5 of 14
Ordinance No. 7655-06
I. Construction and maintenance of the cable television system, including house
connections, shall be in accordance with the provisions of the National Electrical Safety
Code prepared by the National Bureau of Standards, the National Electrical Code of the
National Board of Underwriters, and such applicable regulations of the CITY affecting
electrical installations in effect at the time when the particular installation or
maintenance is performed. The system shall be adequately ground according to best
cable industry practices.
J. Except in an emergency, forty-eight (48) hours prior to any disturbance of a public
street, GRANTEE shall the City of Clearwater Public Works of such construction plans
and shall coordinate the work with such office before beginning such construction.
K. In the event the City of Clearwater shall elect to alter or change any road, street, alley,
easement or public way requiring the relocation of the facilities of GRANTEE, the
GRANTEE, upon reasonable notice by the City of Clearwater shall remove and relocate
the same at its own expense as long as the relocation is not in association with a
beautification project.
Section 6. SAFETY REQUIREMENTS.
GRANTEE shall, at all times:
A. Install and maintain its wires, cables, fixtures, and other equipment in accordance with
the requirements of the City of Clearwater's Building Code and other applicable codes
and ordinances, and in such manner that they will not interfere with any installations of
the City of Clearwater.
B. Keep and maintain in a safe, suitable, substantial conditions, and in good order and
repair, all structures, lines, equipment, and connections in, over, under, and upon the
streets, sidewalks, alleys, and public ways or places of the CITY OF CLEARWATER,
wherever situated or located.
Section 7. SERVICE STANDARDS.
The GRANTEE'S equipment shall be installed and maintained in compliance with the
applicable federal regulations. Workman-like standards shall be maintained in the installation
of drop cable to feeder lines leading from the trunk lines to the service outlets, with all holes in
walls through which cables or wires must passed being carefully closed and sealed so as to
minimize the danger of water, bug, and rodent invasion of the interior rooms. The GRANTEE
shall operate the system so that there will be no unreasonable interference with television
reception, radio reception, telephone communications, or other installations which are now or
may hereafter be installed and in use in the City of Clearwater.
Section 8. SERVICE STANDARDS - BUSINESS OFFICE - RESOLUTION OF
COMPLAINTS.
Throughout the life of its franchise, GRANTEE shall:
Ordinance No. 7655-06
Page 6 of 14
A. Maintain all parts of its system in good condition and in accordance with the standards
generally observed by the cable television industry. Sufficient employees shall be
retained to provide safe, adequate, and prompt service for all of its facilities.
B. The cable operator will maintain a local toll-free or collect call telephone access line
which will be available to its customers 24 hours a day, seven days a week.
C. Trained company representatives will be available to respond to customer telephone
inquiries during normal business hours.
D. After normal business hours, the access line may be answered by a service or an
automated response system, including an answering machine. Inquiries received after
normal business hours must be responded to by a trained company representative on
the next business day. Grantee must maintain a telephone access line to report
outages 24 hours a day seven days a week.
E. Under normal operating conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, the transfer time shall not
exceed thirty (30) seconds. These standards shall be met no less than ninety (90%)
percent of the time under normal operating conditions, measured on a quarterly basis.
The Operator will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards above unless an historical record of
complaints indicates a clear failure to comply.
F. Under normal operating conditions, the customer will receive a busy-signal less than
three (3%) percent of the time.
G. Bill payment locations, will be open at least during normal business hours including
some evening or weekend hours, will be conveniently located in the City of Clearwater,
and shall meet the access requirements of the Americans with Disability Act to the
extent applicable. In the alternative the Operator shall provide a secure drop-box for
payments after hours.
H. Under normal operating conditions, Knology will meet or exceed current service
standards established by the FCC
K. Customers and the City of Clearwater will be notified of any changes in rates,
programming services, or channel positions as soon as possible in writing.
Notice must be given to the customers and the the City of Clearwater a minimum of
thirty (30) days in advance of such changes if the change is within the control of the
cable operator. In addition, the cable operator shall notify customers and the City of
Clearwater thirty (30) days in advance of any significant changes in the other
information required by paragraph J of this section. Cable operator shall endeavor to
provide thirty (30) days notice of any increase in rates or charges imposed by any
federal, state, or county authority. Where thirty (30) days notice can not be given, such
notice will be given as soon a practicable.
L. Bills will be clear, concise, and understandable.
M. GRANTEE shall publish the City's franchise contact number on regular bills for
customers living within and affected by the terms of this FRANCHISE.
Page 7 of 14
Ordinance No. 7655-06
N. In case of a billing dispute, the cable operator must respond to a written complaint from
a customer within ten (10) days or at such time as is practicable under the
circu mstances.
O. Refunds: Refund checks will be issued promptly, but no later than either:
1) Sixty (60) to ninety (90) days following the next billing cycle or request whichever
is earlier, or
2) The return of the equipment supplied by the cable operator if services are
terminated.
P. Maintain information regarding complaints received which require a service call and the
measure taken to resolve them. This information shall be available to the City of
Clearwater upon request, subject to the requirements of applicable law, including
without limitation those regarding customer privacy.
Q. Permit the City of Clearwater to inspect and witness tests of the system's technical
equipment and facilities upon reasonable notice.
R. In the event of GRANTEE'S failure to provide cable service lasting longer than four (4)
hours if the length of such failure was not due to an act of God or circumstances beyond
the control of the GRANTEE, GRANTEE shall provide a pro rata credit to each affected
customer upon request. The affected customer shall receive credit on the next month's
billing following such failure.
S. In the event of a locally declared state of emergency, GRANTEE shall deploy service
and repair
technicians to restore service for customers within 24 hours after the state of
emergency is lifted, or when it is deemed safe and reasonable by local emergency
management officials, whichever occurs first. All reasonable efforts shall be made to
assure all local service will be fully restored within 30 days.
T. The GRANTEE shall notify customers at the time of initial subscription to the system of
the procedure for reporting and resolving complaints by delivering to each customer a
written notice.
U. GRANTEE shall take adequate measures to protect customer privacy as provided in
applicable law.
V. GRANTEE shall maintain a policy providing a refund credit or complimentary service to
affected customers if GRANTEE misses a service call or installation.
W. In the event of GRANTEE'S material failure to meet the standards set forth in this
Sections 7 and 8, the City of Clearwater may demand of GRANTEE the payment of
liquidated damages in an amount not to exceed $5,000 for each quarter for which
GRANTEE so fails to meet the standards. City of Clearwater may make such demand
only after,
1) providing GRANTEE notice that City of Clearwater believes GRANTEE has
materially failed to comply with the standards of Sections 7 and 8 and the basis for
such belief and a reasonable opportunity to cure; and
2) Holding a public hearing upon thirty (30) days notice at which hearing GRANTEE
shall have an opportunity to be heard, unless GRANTEE waives the right to such a
Ordinance No. 7655-06
Page 8 of 14
hearing.
Section 9. SERVICES TO THE CITY OF CLEARWATER, SCHOOLS, AND GOVERNMENT
BUilDINGS.
A. GRANTEE shall continue to make available one channel (Channel 15) as an
Educational/Governmental Access Channel. Upon the demonstration of need by the
City of Clearwater School District or other public education entity, GRANTEE shall
make available one channel as an Educational Access Channel and one channel as
a Governmental Access Channel. In the event that at any time during the
FRANCHISE term both these access channels are programmed with non-duplicative
programming an average of 18 hours per day over a six-month period, then
GRANTEE shall make available, upon request of the City of Clearwater, one
additional channel as Educational/Governmental Channel for so long as the need for
such channel continues. Live meetings of the City of Clearwater City Council will be
carried as Government Access programming when programming becomes
available. Control of these channels shall be shared with other franchising
authorities in the local area.
B. GRANTEE shall provide at least one free basic cable service outlet to all the City of
Clearwater buildings and all public schools currently served by the GRANTEE within
the franchise area which are located within 200 feet of its activated plant and shall
provide additional outlets for basic cable service at a charge which will not exceed
GRANTEE'S cost of labor and materials.
C. To the extent required by applicable federal laws and regulations regarding
emergency information, GRANTEE shall incorporate into its cable system the
capability for the City of Clearwater in times of emergency to override the audio
portion of all channels; shall designate a channel, which may be a Government
Access Channel, to be used for emergency broadcast for both audio and video and
shall maintain and operate the system to allow the transmission of emergency
information. Upon adoption of this Agreement, and no later than May 30 of each
subsequent year, GRANTEE will provide the City of Clearwater an escalation list of
GRANTEE'S emergency contacts to coordinate and distribute information during
emergences such as hurricanes, tornadoes or any other catastrophic event.
D. The GRANTEE shall provide $4,500 annually for technical production assistance to
the City of Clearwater government access television station in lieu or providing a
minimum of fifteen (15) hours per month of technical assistance.
E. Upon approval of this Agreement, GRANTEE shall provide the City of Clearwater
with one (1) government access equipment grant in the amount equal to three
dollars ($3) multiplied by the number of cable subscribers to the system. A second
grant will be provided at year five of the 1 O-year agreement and calculated using the
same formula.
Page 9 of 14
Ordinance No. 7655-06
F. GRANTEE shall provide the City of Clearwater with air time for a minimum of twelve
(12), thirty-second (:30) public service announcements annually to air throughout the
franchised area on GRANTEE'S highest advertised tier schedule.
G. GRANTEE shall provide a grant of fifteen thousand dollars ($15,000) to the City of
Clearwater annually in lieu of use of the GRANTEE'S mobile studio and production
staff to operate mobile studio.
H. GRANTEE shall provide $5,000 to GRANTOR for costs associated with negotiation
of this franchise and agrees to compensate GRANTEE fairly for the cost of any
renegotiation during the term of the AGREEMENT.
I. GRANTEE will comply with all applicable federal laws and regulations regarding
equipment, which facilitates the reception of cable service by the hearing impaired.
Section 10. RATES.
GRANTEE shall comply with federal law relating to rate regulation. The City of Clearwater shall
not be prohibited from regulating rates for cable services to the full extent permitted by law.
Section 11. DISCRIMINATION PROHIBITED.
GRANTEE shall not illegally discriminate in its rates, charges, or availability of service, or grant
illegal preferences or advantages to any customers or potential customers or group of
customers prejudicing any other group. Franchisee may not discriminate in providing service or
services to customers or users on the basis of age, race, creed, religion, color, sex, handicap,
national origin, marital status, political affiliation. Nothing herein prevents GRANTEE from
providing bulk discounts to multiple dwelling buildings to the extent that these discounts are
permitted by law. Franchisee may not deny cable services to any potential customer because
of the income of the area in which any customer resides.
Franchisee shall not discriminate against any person in employment or compensation or in
terms and conditions of employment or discharge from employment because of age, race,
creed, religion, color, sex, disability, national origin, marital status, or political affiliation.
Franchisee must comply with all federal, state, and local regulations governing employment
discrimination.
Section 12. LIABILITY, INDEMNIFICATION AND INSURANCE REQUIREMENTS.
A. GRANTEE shall pay, and by its acceptance of this FRANCHISE specifically agrees to
pay, any and all damages or penalties, which City of Clearwater may be legally required
to pay arising out of the negligence, or willful misconduct of GRANTEE. These damages
or penalties shall include, but shall not be limited to, damages arising out of copyright
infringement, and all other damages arising as a result of GRANTEE'S negligence or
willful misconduct in the installation, operation or maintenance of a cable television
system under this ordinance whether or not the acts or omissions complained of are
authorized, allowed or prohibited by the FRANCHISE.
Ordinance No. 7655-06
Page 10 of 14
B. GRANTEE shall also pay all expenses incurred by City of Clearwater in defending itself
with regard to any and all damages and penalties mentioned in subsection (A) above.
These expenses shall include all out-of-pocket expenses, including reasonable
attorney's fees.
C. The GRANTEE shall maintain, throughout the term of the franchise, liability insurance
insuring the GRANTEE and the City of Clearwater with regard to all damages
mentioned in subsection (A) above, caused by GRANTEE or its agent in the minimum
amounts of:
1) Workmen's compensation insurance as provided by the laws of the State of
Florida.
2) $3,000,000 for bodily injury or death to any person.
3) $3,000,000 for property damage resulting from anyone accident.
4) The amounts set forth in Subsections C may be increased by the City of
Clearwater no more frequently than once every three years, provided that the
percentage of such increase does not exceed the increase in the regional Consumer
Price Index.
The insurance policies obtained by GRANTEE in compliance with this section shall
be issued by a company or companies reasonably acceptable to the City of
Clearwater, and a current certificate or certificates of insurance, along with written
evidence of payment of all required premiums, shall be filed and maintained with the
City of Clearwater upon request during the term of the FRANCHISE. Said policies
shall name the City of Clearwater as an additional insured and shall contain a
provision that a written notice of cancellation or reduction in coverage of said policy
shall be delivered to the City of Clearwater thirty (30) days in advance of the
effective date thereof.
5) GRANTEE shall obtain and maintain, at its sole cost and expense, a surety bond in
the amount of one hundred thousand ($100,000) dollars conditioned on the faithful
performance of the terms and conditions of this FRANCHISE. City of Clearwater
may draw upon such bond in the amount of any damages suffered by the City of
Clearwater as a result of GRANTEE'S failure to abide by the terms and conditions of
this FRANCHISE, provided that prior to drawing upon the bond, City of Clearwater
has given GRANTEE reasonable notice of the failure and a reasonable opportunity
to cu re it.
Section 13. COMPENSATION.
Compensation shall be in accordance with Chapter 202, Florida Statutes.
Section 14. FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES.
A. At the end of each fiscal year, Franchisee shall provide to the City of Clearwater an
annual report summarizing the previous year's activities as to the development of the
system showing such information as services initiated and/or discontinued; number of
Page 11 of 14
Ordinance No. 7655-06
basic customers and units of pay subscriptions; homes passed; miles of cable
distribution; etc.
Franchisee shall also include a financial statement including such matters as statement
of revenue and statement of sources of revenue.
B. Copies of all petitions, applications, and communications concerning the cable system
in the City of Clearwater submitted by the GRANTEE to the FCC, Securities and
Exchange Commission, or any other federal or state regulatory commission or agency
having jurisdiction in respect to any matters affecting a cable system in the City of
Clearwater, shall be submitted to the City of Clearwater upon request.
Section 15. ABANDONMENT OF EASEMENT.
In the event any public street under or upon which the GRANTEE shall have located its
facilities shall be closed, abandoned, vacated, or discontinued, the City of Clearwater may
terminate such easement or license of the GRANTEE hereto; provided, however, in the event
of this termination of easement, the person or persons, firm or corporation requesting such
termination shall pay to the GRANTEE, in advance, its costs of removal and relocation of the
removed facilities in order to continue its service as theretofore existing, or the GRANTEE shall
retain an easement on all sides of the facilities not less than ten (10') feet in width, from the
center line of such facilities, for the benefit of the GRANTEE and its facilities.
Section 16. TERMINATION.
A. The City of Clearwater may terminate this FRANCHISE in the event GRANTEE shall
refuse, or neglect to correct any failure to comply with any material requirement
contained in this FRANCHISE
B. Should the City of Clearwater determine that GRANTEE is not, in its opinion, in
compliance with this FRANCHISE, it shall so notify GRANTEE, in writing. GRANTEE
shall, within ninety (90) days, bring the franchised system into compliance, or if
compliance cannot be achieved within ninety (90) days make a good faith effort to
achieve compliance.
C. If compliance has not been achieved, or good faith progress is not being made toward
compliance, the City of Clearwater may schedule a public hearing to determine whether
the FRANCHISE should be revoked. The GRANTEE and the public shall be given at
least thirty (30) days notice of such a hearing, and all interested parties shall be heard in
open hearing. At the conclusion of the public hearing, the City of Clearwater shall
determine whether the FRANCHISE should be terminated due to failure to achieve or
make good faith progress towards compliance and shall set forth, in writing, the facts
and reasons upon which its decision is based. Good faith progress toward compliance
will be deemed to have been met if GRANTEE is current with the time line indicated in
Exhibit "A".
D. For purposes of this Section, it shall be a material failure to comply with a material
requirement of this FRANCHISE if GRANTEE shall apply to any tribunal for the
Ordinance No. 7655-06
Page 12 of 14
appointment of a trustee or receiver of any substantial part of its assets, or an order
shall be entered appointing such trustee or receiver or adjudicating the GRANTEE
bankrupt or insolvent, or approving the petition in any such proceeding, and such order
remains in effect for sixty (60) days.
SECTION 17. TRANSFER.
A. This FRANCHISE shall be a privilege which is personal to the original GRANTEE. It
shall not be sold, transferred or assigned without prior consent of City of Clearwater.
B. The City of Clearwater shall examine the proposed assignee's financial and technical
qualifications to construct, operate, and maintain a cable television system in the City of
Clearwater and afford all interested parties an opportunity to be heard on the question.
C. Consent of the City of Clearwater shall not be unreasonably refused or withheld;
provided, that the proposed assignee possesses the requisite qualifications and agrees,
in writing, to comply with all provisions of the FRANCHISE.
D. No such consent shall be required for a transfer:
1) In trust, or system assets by mortgage or by other hypothecation, to secure an
indebtedness;
2) To a parent, subsidiary, or other entity under common control with GRANTEE; or
3) To a corporation whose stock is held by the same stockholders as GRANTEE
SECTION 18. CITY OF CLEARWATER REGULATIONS.
GRANTEE shall at all times during the term hereof be subject to all lawful exercise of the
police power of City of Clearwater and to such reasonable regulations as City of Clearwater
shall thereafter by resolution or ordinance provide which are not in conflict with the provisions
of this FRANCHISE.
SECTION 19. CONTENTS OF FRANCHISE AGREEMENT.
This FRANCHISE constitutes the entire agreement between the parties, and no other
representations or oral agreements of any nature exist between the parties. This FRANCHISE
may be amended only by a writing executed by both parties.
SECTION 20. PERFORMANCE EVALUATION.
The City of Clearwater may, at its discretion in every second year of the term of this
FRANCHISE hold evaluation sessions upon reasonable notice to the GRANTEE.
All evaluation sessions shall be open to the public.
Topics which may be addressed or special evaluation session may include, but not limited to,
system performance, GRANTEE'S compliance with this FRANCHISE, customer service and
complaint response, customer privacy, franchise fees, penalties, possible applications of new
technologies on the system, judicial and FCC filings, and line extensions.
Page 13 of 14
Ordinance No. 7655-06
SECTION 21. DELAYS AND FAILURES BEYOND CONTROL OF THE GRANTEE OR THE
CITY OF CLEARWATER.
Notwithstanding any other provisions of this FRANCHISE, the GRANTEE or the CITY OF
CLEARWATER shall not be liable for delay in performance of, or failure to perform, in whole or
in part, its obligations pursuant to this FRANCHISE due to strike, unavailability of materials, or
equipment, war or act of war (whether an actual declaration of war is made or not),
insurrection, riot, civil disturbance, sabotage or vandalism, customer tampering or interference,
act of public enemy, accident, fire, flood, or other events, to the extent that such causes or
other events are beyond the control of the GRANTEE or the City of Clearwater.
Section 22. SEVERABILITY.
Should any word, phrase, sentence, or section of this ordinance be held by a court of
competent jurisdiction to be illegal, void, unenforceable, or unconstitutional, then such shall be
severed from this ordinance and the remainder of the ordinance shall remain in full force and
effect.
Section 23. EFFECTIVE DATE.
This ordinance shall take effect as provided by law.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7655-06
Page 14 of 14
KNOLOGY@
Telephone Cable TV Internet
May 18, 2006
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Mr. Douglas Matthews
City of Clearwater
100 S Myrtle Avenue
Clearwater, FL 33756
Re: Acceptance of Ordinance No. 7655-06
Dear Doug:
Knology accepts the terms and conditions of the attached franchise agreement between
the City of Clearwater and Knology Broadband of Florida, Inc. We appreciate the
opportunity to continue to provide competitive broadband services to your community.
These services are deployed using our fully upgraded state-of-the-art broadband network.
We plan to continue to provide competitive rates to our subscribers and to continue to
make customer service a top priority.
I would like to thank you, Robin, and Shawn for conducting a fair and quick negotiation
process. I look forward to continuing the strong positive relationship between the City of
Clearwater and Knology. Please direct any requests for additional infonnation to me, and
we will respond immediately.
We look forward to a meeting working with you and the City Council. My phone number
is 706-645-8567.
Sincerely,
?~~
Felix L. Boccucci, Jr.
Vice President Knology Inc.
'/ f1..-/.
cc: Weldon Feightner Regional General Manager Knology, Inc.
Chad Wachter Vice president General Council Knology Inc.
1241 C.G. Skinner Drive. West Point, GA 31833 . Tel: 706-645-3000 . Fax: 706-645-0148 . www.knology.com
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Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve first amendment template agreement to be used with various radio stations that use City venues for their musical and entertainment
productions and authorize the City Manager or his designee to execute same.
SUMMARY:
Over the past two months, staff has approached the City Council to approve two "First Amendment to Radio Station Agreements" for
"Wildsplash" and for "Smooth Jazz". These amendments were needed in order to cover several key concerns regarding the events. For the
long term operation of events, staff is proposing that a standard amendment be approved so that all of the City requirements are being met.
Several of the key issues addressed in the amendment are as follows: 1. Adherence to City Sound Policy and need to complete the festival
by a certain time. 2. A limit to the number of tickets to be sold for the event. (This varies with type of concert and venue, however it is
limited to 12,500 at all Coachman Park events.) 3. No lewd, indecent, or obscene conduct or language shall be allowed in activities or events
presented by the radio representatives which include encouraging illegal drug usage and the use of obscene words. A $2,500 per occurrence
fine shall be placed on the radio station for the use of the "F" word. 4. Clarification that the City is in control of the venue and may enter into
any structure or interrupt or terminate the event if necessary. 5. Clarification of Tickemaster sales. 6. Sales Tax responsibilities both for the
City and the radio station. The City Manager or his designee shall execute future amendments using the approved template.
Review Approval: 1) Clerk
First Amendment to
Agreement
This Amendment is made and entered into this
("Effective Date") by and between
day of
,20_
(hereinafter
"Radio Station") and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of
the State of Florida, (hereinafter "City") (each individually referred to herein as "Party" or
collectively as the "Parties").
WHEREAS, the Parties entered into that certain
("Agreement") dated , (attached hereto and made a part
hereof) and now agree to amend the Agreement as provided for herein; and
NOW, THEREFORE, the parties agree as follows:
1 . Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference.
2. It is understood that Radio Station and the City will co-promote the festival on
,20_, known as in
, located at , Clearwater, Florida. It is
understood that this will be a paid event open to the public and that Radio Station is the
title/presenting sponsor of the event.
3. It is also understood that the City has a sound policy for its concerts which
absolutely must be adhered to and the City reserves the right to implement its policy at
its discretion. The policy set by the City mandates that the music for the event at
Coachman Park must be completed by
4. It is also understood that the City has established safe capacity limits for
Coachman Park. For this festival a maximum of tickets will be sold
through Ticketmaster and/or day of show.
5. Lewd. Obscene or Violent Behavior. Radio Station shall comply with all
applicable Federal, State and local law while occupying the Venue for the Event. No
lewd, indecent, or obscene conduct or language shall be included in activities or events
presented by Radio Station, its affiliates, respective officers, directors, employees
agents and representatives (collectively "Radio Station Representatives") or any of their
successors or assigns. In addition, Radio Station Representatives shall refrain from
encouraging illegal drug usage. Radio Station hereby recognizes that any such
references or encouragement will reflect negatively on the City of Clearwater and may
be in violation of law. Radio Station further agrees that the Vendor or its agents may, in
its discretion, order Radio Station to immediately vacate the Venue if Radio Station fails
to cure any of the following: (a) if the Event is indecent or obscene in violation of law;
(b) if employees or agents of Radio Station engage in disorderly conduct as provided by
law or; (c) if the actions of Radio Station Representatives incite violence, threaten or
result in an immediate breach of the peace as provided by law. Further, Radio Station
agrees that Radio Station Representatives shall not use the word "Fuck" or any word of
which "Fuck" is the root, at any time during the Event. Any such use shall result in a
monetary fine of Two Thousand Five Hundred Dollars ($2,500.00) per occurrence and
shall be deducted as a penalty expense from Radio Station revenues under Section VI
of the Addendum prior to the Vendor's issuance of revenues due.
6. Public Safety. Interruption or Termination of the Event. Radio Station agrees
that it will use commercially reasonable efforts to perform its responsibilities with respect
to the Event with full regard to the public safety, and will observe and abide by all
applicable regulations and reasonable requests by the City and all other duly authorized
governmental agencies responsible for the public safety. Duly authorized
representatives may enter the Venue at any time and on any occasion without any
restrictions whatsoever. All areas of the Venue shall remain under the control of the
City. Further, the City shall retain the right to cause interruption of any performance in
the interest of public safety and to likewise cause the termination of such performance
when in the reasonable judgment of the City such act is necessary in the interest of the
public safety.
7. The City, as part of its partnership with Radio Station will utilize its
Ticketmaster account for the sale of tickets to the concert. The
City, upon receipt of the final settlement from Ticketmaster, will deposit the check into
the City's events development account. The City will then issue a check to Radio
Station for the amount of the check minus any deductions outlined in the Agreement or
additionally agreed upon by the promotions department for the station.
8. This paragraph hereby sets forth the State Sales Tax responsibilities of each
partner in regards to ticket sales for the , 20_
event.
. State tax is collected by Ticketmaster on all tickets sold through Ticketmaster
and is included in the gross sales amount reported by them.
. The check received by the City from Ticketmaster is the gross sales amount
collected by Ticketmaster, including State Sales Tax, deducting other applicable
Ticketmaster fees.
. Said gross sales amount (including the sales tax), is the amount Radio Station
will use in calculating and paying the State Sales Tax, which is their
responsibility.
. Any sales tax generated on any tickets sold directly by Radio Station is also the
responsibility of Radio Station.
. The City shall not be responsible for the payments of any sales tax whatsoever.
9. All other terms and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
COUNTERSIGNED:
CITY OF CLEARWATER
By:
By:
Frank V. Hibbard
Mayor
William B. Horne, II
City Manager
APPROVED AS TO FORM:
ATTEST:
By:
By:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ATTEST:
By:
By:
Name:
Name:
Title:
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Pass Ordinance No. 7649-06 on first reading increasing the residential and commercial Stormwater Utility rate to $9.91 per Equivalent
Residential Unit (ERU) beginning 10/01/2006, to $10.50 per ERU beginning 10/01/2007, to $11.13 per ERU beginning 10/01/2008, to
$11.80 per ERU beginning 10/01/2009 and to $12.51 per ERU beginning 10/01/2010.
SUMMARY:
. The Stormwater Utility was established effective 1991. On August 6, 1998 Ordinance 6309-98 was passed increasing Stormwater Utility
rates from $4.00 per ERU beginning 10/1/98 to $4.73 beginning 10/1/2002. . Between 1998 and 2001 staff completed watershed
management plans for all major watersheds in the City. These plans identified numerous residences and businesses subject to flooding in a
100 year storm event. These were combined with a list of flood prone residences compiled based on staff knowledge and citizen complaints.
. Based on this information it was apparent that the existing stormwater utility rates would not be sufficient to address these flood problems
in a timely manner, while also providing for necessary maintenance of the existing storm water infrastructure. . Consequently, on November
15,2001, Ordinance 6855-04 was passed increasing stormwater utility rates from $6.13 per ERU beginning 10/112001 to $9.35 beginning
10/1/2005. . Due to the rate increases adopted in 2001 several significant flood control and water quality projects have been completed or are
underway, including: Prospect Lake Park; Myrtle Avenue Road and Drainage Improvements; Kapok Wetland & Floodplain Restoration;
Glen Oaks; North Beach Drainage; Lake Bellevue and Repair & Replacement Projects. . The City's utility rate consultant, Burton and
Associates, has completed a revenue sufficiency and financial forecast analysis following the completion of third year of operations under
the rates approved in 2001. At that time, due to operational savings and additional grant funds received, this analysis showed that only
minimal rate adjustments were necessary through the year 2009. On 8/512004 Council approved a series of 3% rate increases to be effective
10/01/06 ($9.63), 10/01/07 ($9.92) and 10/01/08 ($10.22) with no recommended change to the previously approved rates of $8.65 and $9.35
effective 10/01/04 and 10/01/05 respectively. . Since 2004 significant increases in project materials and labor costs have occurred due to
shortages caused by exceptional construction needs in China and the reconstruction effects of hurricane Katrina and others. Due to these
increases, the expected cost of the Stormwater Utility projects was reviewed and it was determined that an across the board increase of 25%
was needed in addition to 5% estimated inflationary increases each year thereafter. Burton and Associates has just completed a rate study
update incorporating the estimated increase in project costs. As a result of the study findings Staff is requesting 6% rate increases to replace
the previously approved 3% increases to be effective 10/1/06 ($9.91), 10/1/07 ($10.50) and 10/1/08 ($11.13) and additional 6% increases to
be effective 10/1/09 ($11.80) and 10/1/10 ($12.51). . Certain areas of the Stormwater Utility operating budgets have experienced significant
increases in insurances and pension contribution requirements. Pension cost increases due to actuarial studies have been 38%, 18% and 35%
for FY04 to FY05, FY05 to FY06 and projected FY06 to FY07, respectively. Increases for the same periods for workers compensation
insurance have been 15%, 134% and 57%, for property insurance, (28%), 32% and 29% and for major medical insurance, 29%, 8% and 2%.
The total amount of these four operating costs were $401,000 for 2004, $492,000 for 2005 with the budget for 2006 at $599,000 and the
projected budget for 2007 at $727,000. . In addition to funding for continuing approved projects staff recommends the following new
projects for Commission funding approval: Stormwater Facilities Maintenance and 2 lease purchase projects, TV Truck and Camera in
FY2010 and a V ACCON Sewer Cleaner in FY2011. . Individual projects will be presented to the Commission for development approval. .
Two additional positions are included in the rate study and the requested rate increases. The positions requested are Public Service Techs I
in FYlO and III in FY11. The Public Service Tech III would be filled through promotions from within the City. . The additional equipment
and positions will increase estimated operating costs in FYlO, FYll and FY12 by $89,000, $201,000 and $204,000 respectively.
Review Approval: 1) Clerk
ORDINANCE NO. 7307 04 7649-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE SCHEDULE FOR
STORMWATER UTILITY RATES; AMENDING APPENDIX
A, ARTICLE XXV PUBLIC WORKS--FEES, RATES AND
CHARGES; SECTION (3)(e) STORMWATER
MANAGEMENT UTILITY RATES, CLEARWATER CODE
OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND
CHARGES, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of
Ordinances, is amended as follows:
(3) Rates:
(e) Stormwater management utility rates. The stormwater management utility rates
shall be based upon the revenue requirements for the construction,
administration, management, engineering, operation and maintenance of the
stormwater management system, and the adopted capital improvement program
funding needs of the system. For the purposes of these rates, the terms shall
have the meanings set forth in section 32.242 or, if not defined in section 32.242,
in sections 32.002 or 1.02.
1. Basic rate. The rate per month for one equivalent residential unit or ERU
shall be established as specified below:
Effective 1/1/04 1 % 1/06 10/1 /Ge 07 10/1/00 08 10/1 /Q.709 10/1/00 10
Per ERU $8.65 9.91
$9~ 10.50 $9.63 11.13 $9.92 11.80 $10.22 12.51
2. Residential property fees. The monthly fee for each residential property
shall be:
Single-family................ 1 ERU/dwelling unit
Duplex units ................ 1 ERU/dwelling unit
Condominium units ....... 1 ERU/dwelling unit
Apartments.................. 1 ERU/dwelling unit
Mobile homes .............. 1 ERU/dwelling unit
3. Nonresidential property fees. Nonresidential property shall be charged on
the basis of the impervious area of the property in accordance with the
following formula:
Ordinance 6855 01 7307-04
Impervious area (sq. ft.) divided by 1,830 sq. ft. = Number of ERU's. A
minimum value of 1.0 ERU shall be assigned to each nonresidential
property. The impervious area of each nonresidential property shall be as
determined by the city engineer. ERU's shall be rounded to the nearest
one-tenth of a unit.
4. Undeveloped property. Stormwater management utility fees shall not be
levied against undeveloped property pursuant to this article.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard, Mayor
Approved as to form: Attest:
Leslie Dougall-Sides, Cynthia E. Goudeau, City Clerk
Assistant City Attorney
2 Ordinance 6855 01 7307-04
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Pass Ordinance 7633-06 on first reading, creating Chapter 29, Article VI, Tax Deferral for Recreational and Commercial Working
Waterfront Properties; implementing Chapter 197.303 et. seq., Florida Statutes (2005); allowing for ad valorem tax deferrals for recreational
and commercial waterfront properties; providing definitions; establishing guidelines for qualification; providing for appeals; providing
penalties for willfully filing incorrect information and providing for distribution of payments.
SUMMARY:
The City of Clearwater is empowered under Chapter 197.303-197.3047, Florida Statutes (2005)to enact ordinances to allow for ad valorem
tax deferrals for recreational and commercial workign waterfront properties. The Flroida Committee on Community Affairs in their Report
of Working Waterfronts Number 2005-122, found that a diversified waterfront industry, both commercial and recreational, is an important
component of the economy of the State of Florida. The Committee found in their report that each year, public boat ramps create 25,000 jobs
statewide and generate $128 million in state and local tax revenue. The Committee found an increase in the purchasing of traditional
working waterfront property and converting them to private and residential use, which serves to both reduce the number of traditional
working waterfront properties available for traditional public use as well as increase the value of nearby working waterfront properties. This
increase in property value results in higher property taxes, causing the working waterfront property to decrease in profitability, increasing
the pressure to convert the property to a private or residential use. The public has lost access to recreational working waterfronts because of
the development for private marina and residential uses, and there are several impediments to developing new recreational or commercial
access to state waterways, including the cost to develop and governmental approval needed for such developments. The loss of commercial
and recreational waterfront properties may have long-term negative effects on both the state and local economies. The tax deferral program
is a means of alleviating the economic pressure on the recreational and commercial waterfront properties.
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Clerk
ORDINANCE NO. 7633-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CREATING CHAPTER 29, ARTICLE VI TAX DEFERRAL FOR
RECREATIONAL AND COMMERCIAL WORKING
WATERFRONT PROPERTIES; IMPLEMENTING CHAPTER
197.303 ET. SEQ., FLORIDA STATUTES (2005); ALLOWING
FOR AD VALOREM TAX DEFERRALS FOR RECREATIONAL
AND COMMERCIAL WATERFRONT PROPERTIES; PROVIDING
DEFINITIONS; ESTABLISHING GUIDELINES FOR
QUALIFICATION; PROVIDING FOR APPEALS; PROVIDING
PENALTIES FOR WILLFULLY FILING INCORRECT
INFORMATION; PROVIDING FOR DISTRIBUTION OF
PAYMENTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 197, Florida Statutes, regulates tax collections, sales
and liens of real property within the State of Florida
WHEREAS, the City of Clearwater (City) is empowered under Chapter
197.303 - 197.3047, Florida Statues (2005), to enact ordinances to allow for ad
valorem tax deferrals for recreational and commercial working waterfront
properties.
WHEREAS, the Florida Committee on Community Affairs (Committee) in
their Report on Working Waterfronts Number 2005-122 (Report) found that a
diversified waterfront industry, both commercial and recreational, is an important
component of the economy in the State of Florida.
WHEREAS, the Committee found in their Report that each year, public
boat ramps create 25,000 jobs statewide and generate $128 million in state and
local tax revenue.
WHEREAS, the Florida Legislature echoed these findings in Florida
Statute Section 342.07(1) stating that access from recreational and commercial
waterfront properties is vital to maintaining or enhancing the $14 billion economic
impact of boating in the state.
WHEREAS, the Florida Legislature recognized that a means of ingress
and egress to the navigable waterways of the state is crucial for engaging in
commerce and transportation of goods and people.
WHEREAS, the Committee found an increase in the purchasing of
traditional working waterfront property and converting them to private and
residential use.
1
Ordinance No. 7633-06
WHEREAS, the Committee found that this conversion of traditional
working waterfront property to private and residential use serves to both reduce
the number of traditional working waterfront properties available for traditional
public use as well as increase the value of nearby working waterfront properties.
WHEREAS, the Committee found that this increase in property value
results in higher property taxes, causing the working waterfront property to
decrease in profitability, increasing the pressure to convert the property to a
private or residential use.
WHEREAS, the Committee found that the public has lost access to
recreational working waterfronts because of the development for private marina
and residential uses.
WHEREAS, the Committee found that there exist several impediments to
developing new recreational or commercial access to state waterways, including
the cost to develop and government approval of such developments.
WHEREAS, the Committee found that the loss of commercial and
recreational waterfront properties may have long-term negative effects on both
the state and local economies.
WHEREAS, the Report endorsed a means of alleviating the economic
pressure on the recreational and commercial waterfront properties by creating a
Deferred Property Tax Program.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER:
Section 1. That Chapter 29, Article VI is hereby created to read as
follows:
Article VI. Tax Deferral for Recreational and Commercial Working Waterfront
Properties.
Section 29.100 Purpose.
The purpose of this Article is to implement 99197.303 - 197.3047, Florida
Statutes (2005) by allowing ad valorem tax deferrals for recreational and
commercial working waterfront properties, as defined herein, if the owners are
engaging in the operation, rehabilitation, or renovation of such properties in
accordance with guidelines established in this Article.
Section 29.101 Applicability.
2
Ordinance No. 7633-06
Any property owner who is engaged in the operation, rehabilitation, or
renovation of a recreational or commercial working waterfront property, as herein
defined, except for those properties located within the Downtown Clearwater
Community Redevelopment Area, may elect to defer payment of ad valorem
taxes levied by the City of Clearwater, in accordance with this Article. The
deferrals do not apply, however, to taxes or non-ad valorem assessments
defined in F.S. 197.3632(1 )(d) levied for the payment of bonds or to taxes
authorized by a vote of the electors pursuant to s. 9(b) or Section 12, Article VII
of the State Constitution.
Section 29.102 Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this Article, except as where the context
clearly indicates a different meaning:
Boat Construction Facility means facilities where marine vessels are
constructed and/or housed with direct access to navigable waters of the state
Commercial Fishing Facility means all docks, piers, processing houses or
other facilities, which receive commercial fishery products from ships.
Dock means an accessory structure, not offered for sale or rent, including
a pier, wharf, loading platform, tie poles, or boat lift constructed on pilings over
open water or upon a system of flotation, for the purpose of launching, mooring
and receiving marine vessels.
Dry Marina means a licensed commercial facility, which provides public
dry storage for vessels on a leased basis.
Lift means an apparatus used to lift and move marine vessels with direct
access to navigable waters of the state.
Non-ad valorem assessment means those assessments that are not
based upon the millage and which can become a lien against a homestead as
permitted in section 4 Art. X of the State Constitution.
Recreational and Commercial Working Waterfront means a parcel or
parcels of real property that provide access for water-dependent commercial
activities including hotels and motels as defined in 9509.242(1), Florida Statutes
(2005) or provide access for the public to the navigable waters of the state.
Recreational and commercial working waterfronts require direct access to or a
location on, over, or adjacent to a navigable body of water. The term includes
water-dependent facilities that are open to the public and offer public access by
vessels to the waters of the state or that are support facilities for recreational,
commercial, research, or governmental vessels. These facilities include docks,
3
Ordinance No. 7633-06
wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities,
commercial fishing facilities, boat construction facilities, and other support
structures over the water. Seaports are excluded from the definition.
Vessel means every type of watercraft, barge or airboat, other than a
seaplane that can be used for transportation on the water
Wet Marina means a licensed commercial facility, which provides public
moorings for vessels on a leased basis.
Section 29.103 Tax Deferral for Recreational and Commercial Working
Waterfront Properties.
(1) Beginning with the taxes assessed in 2007, any property owner who is
engaged in the operation, rehabilitation, or renovation of a recreational or
commercial working waterfront property, as herein defined, except for those
properties located within the Downtown Clearwater Community Redevelopment
Area, may elect to defer payment of 100% of ad valorem taxes levied by the City
of Clearwater (except for taxes authorized by a vote of the electors pursuant to s.
9(b) or Section 12, Article VII of the State Constitution) by filing an annual
application for tax deferral with the County Tax Collector on of before January 31
following the year in which the taxes are assessed. The applicant has the
burden to affirmatively demonstrate compliance with the requirements of this
Article.
(2) All taxes permitted by this Article to be deferred shall be deferred for a
period not to exceed 10 years during which time the use and ownership of the
property must remain that of a recreational and commercial working waterfront.
(3) All deferrals granted under this Article shall remain in effect regardless of
any change in the authority of the County Tax Collector or the City of Clearwater
to grant the deferral.
Section 29.104. Application for Tax Deferral
(1) Application form
The application for deferral must be made annually upon a form prescribed by
the State of Florida Department of Revenue (lithe Department") and furnished by
the County Tax Collector as provided by Florida Statues Section 197.303 -
197.3047. The applicant must sign the application form upon oath before an
officer authorized by the state to administer oaths. The application form must
provide notice to the applicant of the manner in which interest is computed,
consistent with the methodology outlined in this Article. Each application form
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must contain an explanation, consistent with this Article, for the conditions to be
met for approval and the conditions under which deferred taxes and interest
become due, payable, and delinquent. Each application must clearly state that
all deferrals pursuant to this Article become a lien on the applicant's property and
shall attach as of the date and in the same manner and be collected as other
liens for taxes. The applicant must submit the following information:
a. Each application must contain a list of, and the current value of, all
outstanding liens on the applicant's property.
b. Each applicant shall furnish proof of fire and extended coverage
insurance in an amount that is in excess of the sum of all outstanding
liens and deferred taxes and interest with a loss payable clause to the
county tax collector.
c. The tax collector may require the applicant to submit any other
evidence and documentation deemed necessary by the tax collector in
considering the application.
(2) Determination of the Tax Collector
The tax collector shall consider and render his or her findings,
determinations, and decision on each annual application for tax deferral for
recreational and commercial working waterfronts within 45 days after the date the
application is filed. The tax collector shall exercise reasonable discretion based
upon applicable information available under this Article. The determination and
findings of the tax collector are not quasi-judicial and are subject exclusively to
review by the value adjustment board. A tax collector who finds that the
applicant is entitled to the tax deferral shall approve the application and file the
application in the permanent records. A tax collector who finds that the applicant
is not entitled to the deferral shall send notice of disapproval within 45 days after
the date the application is filed, stating reasons for the disapproval to the
applicant. The notice shall be sent by personal delivery or registered mail to the
mailing address given by the applicant in the manner in which the original notice
thereof was served upon the applicant and must be filed among the permanent
records of the tax collector's office. The original notice of disapproval sent to the
applicant shall advise the applicant of the right to appeal the decision of the tax
collector to the value adjustment board and inform the applicant of the procedure
for filing such an appeal.
(3) Appeal of Decision
An appeal of the decision of the tax collector to the value adjustment
board must be in writing on a form prescribed by the Department and furnished
by the tax collector. The appeal must be filed with the value adjustment board
within 20 days after applicant's receipt of the notice of disapproval, and the board
must approve or disapprove the appeal within 30 days after receipt. The value
adjustment board shall review the application and the evidence presented to the
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tax collector upon which the applicant based his or her claim for tax deferral and,
at the election of the applicant, shall hear the applicant in person, or by agent on
the applicant's behalf, on his or her right to the tax deferral. The value
adjustment board shall reverse the decision of the tax collector and grant a tax
deferral to the applicant, if in its judgment, the applicant is entitled to the tax
deferral or shall affirm the decision of the tax collector. Action by the value
adjustment board is final unless the applicant or tax collector or other lien holder,
within 15 days after the date of the disapproval of the application by the board,
files in the circuit court of the county in which the property is located a de novo
proceeding for a declaratory judgment or other appropriate proceeding.
Section 29.105 Denial of Tax Deferral.
A tax deferral shall not be granted if:
(a) The total amount of deferred taxes, non-ad valorem assessments, and
interest plus the total amount of all other unsatisfied liens on the property
exceeds 85 percent of the assessed value of the property; or
(b) The primary financing on the property is for an amount that exceeds 70
percent of the assessed value of the property; or
(c) The applicant fails to provide fire and extended coverage insurance in
an amount that is in excess of the sum of all outstanding liens and
deferred taxes and interest with a loss payable clause to the county tax
collector.
Section 29.106 Approved Applications.
(1) For approved applications, the date of receipt by the tax collector of the
applications for tax deferral shall be used in calculating taxes due and payable
net of discounts for early payment.
(2) The tax collector shall notify the property appraiser in writing for those
parcels for which taxes have been deferred
(3) The property appraiser shall promptly notify the tax collector of changes in
ownership or use of property that have been granted a tax deferral.
Section 29.107 Deferred Payment Certificates.
(1) The tax collector shall notify the City of Clearwater of the amount of taxes
deferred which would otherwise have been collected for the City. The County
shall then, at the time of the tax certificate sale held pursuant to Florida Statute
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Section 197.432, strike each certificate off to the County. Certificates issued
pursuant to this section are exempt from the public sale of tax certificates.
(2) The certificates so held by the County shall bear interest at a rate equal to
the semiannually compounded rate of one half of one percent added to the
average yield maturity of the long term fixed income portion of the Florida
Retirement Savings investments as of the end of the quarter preceding the date
of the sale of the deferred tax certificate. However, the interest rate may not
exceed 9.5 percent.
Section 29.108 Termination of Tax Deferral for Change in Use or Ownership of
Property.
(1) If there is a change in use or ownership of the tax-deferred property such
that the owner is no longer entitled to claim the property as a recreational or
commercial working waterfront facility, or there is a change in the legal or
beneficial ownership of the property, or the owner fails to maintain the required
fire and extended insurance coverage, the total amount of deferred taxes and
interest for all previous years becomes due and payable November 1 of the year
in which the change in use or ownership occurs or on the date failure to maintain
insurance occurs, and is delinquent on April 1 of the year following the year in
which the change in use or ownership or failure to maintain insurance occurs.
(2) Whenever the property appraiser discovers that there has been a change
in the use or ownership of the property that has been granted a tax deferral, the
property appraiser shall notify the tax collector in writing of the date such change
occurs, and the tax collector shall collect any taxes and interest due or
delinquent.
(3) During any year in which the total amount of deferred taxes, interest, and
all other unsatisfied liens on the property exceeds 85 percent of the assessed
value of the property, the tax collector shall immediately notify the owner of the
property on which taxes and interest have been deferred that the portion of taxes
and interest which exceeds 85 percent of the assessed value of the property is
due and payable within 30 days after receipt of the notice. Failure to pay the
amount due shall cause the total amount of deferred taxes and interest to
become delinquent.
(4) If deferred taxes become delinquent, on or before June 1 following the
date the taxes become delinquent, the tax collector shall sell a tax certificate for
the delinquent taxes and interest in the manner provided by F.S. 197.432.
Section 29.109 Prepayment of Deferred Taxes.
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All or part of the deferred taxes and accrued interest may be paid at any time by:
1 . The owner of the property
2. The next of kin of the owner, heir of the owner, or any person
having or claiming a legal or equitable interest in the property, if the owner makes
no objection within 30 days after the tax collector notifies the owner of the fact
that such payment has been tendered.
Any partial payment pursuant to this section shall be applied first to the accrued
interest.
Section 29.110. Penalties.
(1) The following penalties shall be imposed on any person who willfully files
information required under this Article or F.S. 197.303-197.3047 which is
incorrect:
(a) The person shall pay the total amount of taxes and interest
deferred, which amount shall immediately become due;
(b) The person shall be disqualified from filing a tax deferral
application for the next 3 years; and
(c) The person shall pay a penalty of 25 percent of the total amount of
taxes and interest deferred.
(2) Any person against whom the penalties prescribed in this section have been
imposed may appeal the penalties imposed to the value adjustment board within
30 days after the penalties are imposed.
Section 29.111 Distribution of payments.
When any deferred taxes or interest is collected, the tax collector shall maintain a
record of the payment, setting forth a description of the property and the amount
of taxes or interest collected for the property. The tax collector shall distribute
payments received in accordance with the procedures for distributing ad valorem
taxes or redemption moneys as prescribed in Chapter 197 Florida Statutes.
Section 29.112 Construction.
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Neither this Article nor Sections 197.303- 197.3047 prevent the collection of
personal property taxes that become a lien against tax-deferred property, defer
payment of special assessments to benefited property other than those
specifically allowed to be deferred, or affect any provision of any mortgage or
other instrument relating to property requiring a person to pay ad valorem taxes
or non-ad valorem assessments.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
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Ordinance No. 7633-06
SUBJECT / RECOMMENDATION:
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:6/1/2006
City Council Agenda
Council Chambers - City Hall