06/13/2006
WORK SESSION AGENDA
Council Chambers - City Hall
6/13/2006 - 1 :30 PM
1. Presentations
1.1 Service Awards
@) Attachments
1.2 Recognize graduates of Supervisory Training Program
@)Attachments
2. Office of Management and Budget
2.1 Pass on first reading Ordinances 7652-06 and 7653-06, amending the City's fiscal year 2005/06 Operating
and Capital Improvement Budgets at midyear.
@)Attachments
3. Gas System
3.1 Adopt Resolution 06-38 approving the Gas Supply Agreement 2 with Florida Gas Utility and necessary
documents to accomplish same.
@)Attachments
4. Marine and Aviation
4.1 Approve Resolution 06-36 authorizing the Marine & Aviation Department to act as Project Manager for
the Florida Fish and Wildlife Conservation Commission (FWC) Boating Infrastructure Grant Program on
behalf of the City of Clearwater.
@)Attachments
5. Police
5.1 Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations in
the amount of $100,000. (consent)
@lAttachments
6. Public Utilities
6.1 Approve a Three (3) year contract for Copper Corrosion Control Services, Bid #17-06 awarded to SPER
Chemical Corporation of Clearwater, FL, for the sum of $516,240.00 and that the appropriate officials be
authorized to execute same. (consent)
@lAttachments
7. Engineering
7.1 Approve the final plat for "THE TRIAD" located at 1441 Druid Road, on the Southeast coruer of Druid
Road and San Remo Avenue. (consent)
@) Attachments
7.2 Approve the applicant's request to vacate the 5-foot utility easement lying along the south property line of
Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision and vacate the 10-foot alley lying adjacent
to the north property lines of Lots 2,6,7 and the west 15 feet of Lot 8, Sunset Point Replat, (a.k.a. 1925
Edgewater Drive), subject to conditions, and approve Ordinance Number 7650-06 on first reading,
(V AC2006-07 Robel Bayview, LLC),
@) Attachments
7.3 Approve agreement provisions for architectural services contracts with the firms of Baker Barrios
Architects, Inc.; Harper Aiken Partners, Inc.; Harvard Jolley Architects and Wannemacher Russell
Architects, Inc.; Fowler Associates Architects, Inc., Plisko Architecture, P.A.,; Aude, Shand & Williams,
Inc. AlA, (consent)
@) Attachments
7.4 Declare as surplus for the purpose of conveying title to the Community Redevelopment Agency of the
City of Clearwater (CRA) real property identified as Pinellas County parcels 15/29/15/65196/000/0030,
0034,0060,0061,0062 and 0063 (alk/a Clearwater Automotive site), and authorize appropriate officials
to execute a Deed of Conveyance to convey fee title therein.
@) Attachments
7.5 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.
@)Attachments
8. Planning
8.1 Continue ANX2006-02004, 1574 Crown Street to the City Council meeting scheduled for July 20, 2006
(First Reading).
@) Attachments
8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 1424 Regal Road (Lot 6, Solar Crest Subdivision in Section 23, Township 29 South and
Range 15 East); and Pass Ordinance 7640-06, 7641-06 & 7642-06 on first reading.
@) Attachments
8.3 Review Draft Evaluation and Appraisal Report and Provide Direction. (WSO)
@)Attachments
9. Official Records and Legislative Services
9.1 Appoint a voting delegate to the Florida League of Cities' Annual Conference, August 10-12,2006.
@)Attachments
10. Legal
10.1 Adopt Ordinance 7633-06 on second 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; providing for distribution of payments.
@) Attachments
10.2 Continue adoption of Ordinance 7649-06 on second reading, amending Appendix A, Article XXV Public
Works -- Fees Rates and Charges Section 3(e) Stormwater Management Utility Rates to July 20, 2006.
I@l Attachments
10.3 Adopt Ordinance7655-06 on second reading, establishing a franchise agreement between the City of
Clearwater and Knology Broadband of Florida, Inc., granting a cable television franchise to Knology to
construct, operate and maintain a cable communications system in Clearwater, and providing for the
conditions, regulations, and use of the system.
@)Attachments
11. City Manager Verbal Reports
11.1
I@l Attachments
12. Council Discussion Items
12.1 Jolley Trolley Support
I@l Attachments
13. Other Council Action
13.1
I@l Attachments
14. Adjourn
15. Presentationes) for Council Meeting
15.1 Proclamation - Recreation and Parks Month - July 2006
@) Attachments
15.2 Gift to the City
I@l Attachments
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
Meeting Date: 6/13/2006
Review Approval: 1) Clerk
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Recognize graduates of Supervisory Training Program
SUMMARY:
Meeting Date: 6/13/2006
Review Approval: 1) Clerk
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Pass on first reading Ordinances 7652-06 and 7653-06, amending the City's fiscal year 2005/06 Operating and
Capital Improvement Budgets at midyear.
SUMMARY:
The fiscal year 2005/06 Operating and Capital budgets were adopted in September 2005 by Ordinances 7497-
05 and 7498-05. Section 2.521 of the City's Code of Ordinances requires that the City Manager prepare a
quarterly report detailing income and expenditure estimates, collections, the explanation of significant
variances, as well as the financial status of all Capital Improvement projects. The attached memorandum
outlines the major issues detailed in the accompanying report.
Type:
Current Year
Budget?:
Other
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Amend budgets based on actual experiences at midyear with Council approval.
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:
Other
Review Approval: 1) Clerk 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
Mid Year Budget Review
Fiscal 2005-06
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horue, City Manager
COPIES: Garry Brumback, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report
DA TE: May 30, 2006
Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is
based on six months of activity (October, 2005 through March, 2006) in this fiscal year. The report
comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $98,630.
Major reasons for the overall General Fund expenditure increase includes the appropriation of General Fund
retained earnings of $75,000 in the City Attoruey's budget for outside council services for representation in
Crouch v. City and a contribution of $20,000 to the Pinellas County Coalition in support of a homeless
initiative.
All other General Fund amendments are fairly minor and offset by related revenues or other program
savmgs.
General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General
Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be
maintained as a reserve to guard against future emergencies.
Estimated General Fund reserves at mid-year are approximately $15.4 million, or 13.8% of the
current year's General Fund budget, exceeding our reserve policy by approximately $6 million.
Significant amendments to other City Operating Funds are noted follows.
Gas Fund
Gas Fund operating amendments reflect an increase of $397,310 primarily for increased taxes due to
higher sales volumes. The anticipated cost increase will be covered within the anticipated annual Gas
Fund revenues.
Mid Year Budget Review
Fiscal 2005-06
City Manager's Transmittal
Solid Waste Fund
The Solid Waste Fund recognizes an increase of $48,800 primarily due to the retirement payout of a long-
term employee, as well as the overlapping hire for the replacement of a retiring administrator. This cost is
offset by anticipated increases in revenues for cash pool interest earnings and other miscellaneous
revenues.
Recvcline Fund
Expenditure amendments totaling $25,160 primarily reflect an increase in the cost of inventory for resale
due to higher market prices. This increase is more than offset by increased revenue from the sale of
recyclables and higher than anticipated interest earnings.
Garaee Fund
Proposed amendments to the Garage Fund total $97,260. The primary amendment to the Garage Fund
reflects the allocation of $50,000 of unrestricted retained earnings of the Garage Fund to hire outside
council for representation during the rebanding of the City's 800 MHz radio system. These funds will be
reimbursed to the City. Additional amendments totaling $47,260 reflect the increased cost of fuel and
parts and are offset by higher than anticipated interest earnings in the Fund and Department billings.
Central Insurance Fund
At first quarter, the Central Insurance Fund reflects the allocation of $834,184 of unrestricted retained
earnings of the Central Insurance Fund to fund the Downtown Streetscape project as approved by the City
Council in April 2006.
Capital Improvement Fund
Mid year amendments to the Capital Improvement Fund total $2,246,125. The increase in the Downtown
Streetscape project approved by the City Council in April resulted in $1.4 million of this increase. Other
significant project amendments include the funding of the EC Moore East Batting Tunnel at $225,000 and
the Downtown Boat Slip project for $345,426. A list of capital improvement project budget increases that
have been previously approved by the City Council is included on page 17 of this report.
Project budget increases not previously approved by the Council reflect an increase of $15,000 to establish
a project to enclose an area in the Risk Management are of MSB to allow for privacy in the discussion of
HIPPA and other confidential issues. A second project in the amount of $35,000 is proposed to fund the
remodeling and renovation of the CCS Meter Reading office to accommodate electronic meter reading
equipment, computers and lockers as well as additional office space. Both of these projects are funded
from savings within the current operating budgets of the related Departments.
Special Proeram Fund
The Special Program Fund reflects a net budget increase of $1,191,787 at mid-year. Amendments include
almost $700,000 from Special Event programs, the recognition of more than $66,000 in grants proceeds
for the Edward Byrne memorial Justice Assistance grant to continue the Hispanic outreach program. Other
significant amendments reflect $200,000 from police fines and court proceeds to support public safety
programs and $158,000 in revenues for police outside duty contractual services.
CITY OF CLEARWATER
MID YEAR SUMMARY
2005/06
FY 05/06 First
Adopted Quarter Mid Year Mid Year Mid Year Amended
Description Budget Amended Projected Actual Variance % Adjustment Budget
General Fund:
Revenues 111,399,910 111,611,899 69,525,888 70,410,136 884,248 1% 98,630 111,710,529
Expenditures 111,399,910 111,611,899 61,185,792 60,206,539 979,253 2% 98,630 111,710,529
Utilitv Funds:
Water & Sewer Fund
Revenues 51,781,310 51,781,310 24,720,024 24,354,828 (365,196) -1% 51,781,310
Expenditures 49,847,580 49,847,580 26,276,238 25,401,445 874,793 3% 49,847,580
Storm water Fund
Revenues 11,531,030 11,531,030 5,765,510 5,731,844 (33,666) -1% 11,531,030
Expenditures 11,398,620 11,398,620 6,636,939 6,395,272 241,667 4% (75,000) 11,323,620
Gas Fund
Revenues 42,062,990 48,337,940 24,704,744 25,455,180 750,436 3% 48,337,940
Expenditures 40,533,050 46,615,660 26,093,238 25,158,068 935,170 4% 397,310 47,012,970
Solid Waste Fund
Revenues 17,298,140 18,317,157 9,564,463 9,657,279 92,816 1% 48,800 18,365,957
Expenditures 17,298,140 17,298,140 8,875,4 77 8,332,997 542,480 6% 48,800 17,346,940
Recyclinq Fund
Revenues 2,557,900 2,657,956 1,374,704 1 ,421 ,276 46,572 3% 51,000 2,708,956
Expenditures 2,557,020 2,647,076 1,416,354 1,368,983 47,371 3% 25,160 2,672,236
Enterorise Funds:
Marine & Aviation Fund
Revenues 3,850,400 3,850,400 1,925,212 1,758,486 (166,726) -9% 3,850,400
Expenditures 3,601,820 3,601,820 1,943,401 2,008,558 (65,157) -3% 3,601,820
Parkinq Fund
Revenues 4,782,260 4,723,084 1,985,754 2,261,700 275,946 14% 4,723,084
Expenditures 4,609,970 4,513,470 2,402,285 2,243,957 158,328 7% 4,513,470
Harborview Center
Revenues 2,211,770 692,150 485,460 486,625 1,165 0% 692,150
Expenditures 2,211,770 692,150 550,320 553,010 (2,690) 0% 692,150
Internal Service Funds:
General Services Fund
Revenues 4,117,710 4,117,710 2,058,848 2,091,542 32,694 2% 7,000 4,124,710
Expenditures 4,104,120 4,104,120 2,125,502 2,042,780 82,722 4% 7,000 4,111,120
Administrative Services
Revenues 9,106,290 9,106,290 4,553,146 4,469,877 (83,269) -2% 9,106,290
Expenditures 9,053,370 9,053,370 4,857,081 4,467,515 389,566 8% 9,053,370
Garaqe Fund
Revenues 11,330,890 11,803,148 5,485,252 5,623,933 138,681 3% 98,390 11,901,538
Expenditures 11,330,890 11,793,148 6,303,248 6,226,895 76,353 1% 97,260 11,890,408
Central Insurance Fund
Revenues 19,759,210 20,150,693 8,255,711 7,969,787 (285,924) -3% 834,190 20,984,883
Expenditures 18,737,140 19,128,623 9,777,579 9,400,611 376,968 4% 834,190 19,962,813
Property Taxes
Franchise Fees
Utilitv Taxes
Licenses & Permits
Interaovernmental:
Sales Tax/
Communications Svcs
Tax/Other
Charaes for Service
Fines & Forfeitures
Interest Income
Miscellaneous
Increase/
(Decrease)
(10,370)
14,000
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2005/06
Description
Property taxes are approximately as estimated at mid year.
No amendments are proposed at this time.
Franchise fee revenue reflects a positive variance at mid
year. No amendment is recommended at this time.
Utility taxes are slightly less than anticipated at mid year and
will be reviewed at third quarter. No amendment is proposed
at this time.
Occupational License and Building Permits are experiencing
strong positive variances at mid year. We will review and
amend at third quarter.
The negative variance in Sales Tax collections is due to the
timing difference in the receipt of one month's payments.
Telecommunications taxes are approximately as budgeted.
Other Governmental revenue has a positive variance at mid
year. No amendments are proposed at this time.
This amendment reflects a net increase of $9,630 in various
anticipated recreation and activity fees that contribute
towards higher utility costs at recreation facilities and a
$20,000 decrease in Concession Sales revenue at Pier 60
due to lower sales than projected. The Sales revenue
decrease is offset by a like decrease in the purchase of
inventory for resale. The net impact is a $10,370 decrease in
anticipated Charges for Service revenue.
This amendment reflects an increase of $14,000 in Library
Fine revenue that is expected as a result of hiring an outside
company to assist the Library in collecting overdue materials.
The contract with Unique Management Services was
approved by the Council at the February 16, 2006 meeting.
No amendments are recommended at this time.
No amendments are recommended at this time.
3
Transfers In
Transfer ( to) from
Retained Earninas
Increase/
(Decrease)
37,500
57,500
98,630
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2005/06
Description
The following budget amendment reflect the return of
$37,500 from the New Main Library project (315-93523), a
return of money fronted for the Library Foundation, which
represents 1/2 of the actual donations received from the
Library Foundation since first quarter.
This amendment reflects two Council approved uses of
retained earnings. The Council approved the use of $20,000
to fund a contribution to the Pinellas County Coalition for the
Homeless at the April 20, 2006 meeting. On May 4, 2006 the
City Council approved a $75,000 use of retained earnings to
fund an increase in the City Attorney's budget for additional
funding of outside legal counsel to defend the City against a
lawsuit. These uses of retained earnings are partially offset
by the transfer in of funds from CIP from the Main Library
project.
4
City Attornev's Office
City of Clearwater
General Fund Expenditures
Mid Year Amendments
FY 2005/06
Increase/
(Decrease)
Description
75,000
On May 4, 2006 the City Council approved a $75,000
increase in the City Attorney's budget for additional
funding of outside legal counsel to defend the City
against a lawsuit. Funding will be provided from retained
earnings.
Economic Development
& Housina
This amendment increases the budget $20,000 for a
contribution to the Pinellas County Coalition for the
Homeless for the City's share to implement the Ten
Year Plan to End Homelessness initiative. The Council
approved this contribution at the April 20, 2006 meeting.
20,000
Librarv
This amendment reflects an increase of $14,000 in
professional services to hire an outside company to
assist the Library in collecting overdue materials. The
contract with Unique Management Services was
approved by the Council at the February 16, 2006
meeting and is expected to generate sufficient recovery
of materials and fines to cover the cost of this contract.
14,000
Marine & Aviation
This amendment reflects a $20,000 decrease in the
purchase of inventory for resale at Pier 60 due to lower
than projected sales. The amendment is offset by a
like decrease in sales concession revenue.
(20,000)
Parks & Recreation
9,630
This amendment reflects a net increase of $9,630
across programs primarily due to higher utility costs
being experienced at facilities. This increase is offset by
higher revenues received from the Phillies and the
Upper Pinellas Association for Retarded Citizens
(UPARC) for their share of utility costs.
Net General Fund
Expenditure Amendment
98,630
5
GENERAL FUND
MID YEAR REVIEW
For Six Month Period of October 1,2005 - March 31, 2006
2005/06 2005/06
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance % Amendment Budget
GENERAL FUND
General Fund Revenues
Property Taxes 44,878,180 40,391,050 40,429,099 38,049 0% 44,878,180
Franchise Fees 7,902,130 3,300,002 3,612,130 312,128 9% 7,902,130
Utility Taxes 10,810,200 4,714,986 4,612,046 (102,940) -2% 10,810,200
Licenses, Permits & Fees 4,015,000 1,700,004 2,451,142 751,138 44% 4,015,000
Intergovernmental
Sales Tax 6,325,000 2,635,415 2,141,891 (493,524) -19% 6,325,000
Communications Services Tax 6,547,070 2,227,945 2,238,602 10,657 0% 6,547,070
Other Intergovernmental 10,010,270 4,702,064 4,968,725 266,661 6% 10,010,270
Charges for Services 3,772,570 1 ,466,558 1,480,604 14,046 1% (10,370) 3,762,200
Fines & Forfeitures 828,000 414,000 448,167 34,167 8% 14,000 842,000
Interest Income 529,000 264,500 523,162 258,662 98% 529,000
Miscellaneous Revenues 1 ,041 ,540 490,764 328,078 (162,686) -33% 1,041 ,540
Operating Revenues 96,658,960 62,307,288 63,233,646 926,358 1% 3,630 96,662,590
Transfers In 14,850,412 7,116,074 7,176,490 60,416 1% 37,500 14,887,912
Transfer (to) from Surplus 102,526 102,526 -102,526 n/a 57,500 160,026
Total Revenues 111,611,899 69,525,888 70,410,136 884,248 1% 98,630 111,710,529
General Fund Expenditures
City Council 299,540 154,664 131,442 23,222 15% 299,540
City Manager's Office 1 ,075,050 573,701 624,129 (50,428) -9% 1,075,050
City Attorney's Office 1 ,505,800 764,673 777,670 (12,997) -2% 75,000 1,580,800
City Auditor's Office 145,960 78,092 78,338 (246) 0% 145,960
Development & Neighborhood Svcs 3,912,330 2,111,300 2,055,249 56,051 3% 3,912,330
Economic Development & Housing 1,397,330 716,468 798,453 (81,985) -11% 20,000 1 ,4 17 ,330
Equity Services 348,330 181,048 158,739 22,309 12% 348,330
Finance 2,157,900 1 ,158,289 1,109,799 48,490 4% 2,157,900
Fire 20,658,540 11 ,858,663 11 ,526,296 332,367 3% 20,658,540
Human Resources 1,207,690 626,242 629,527 (3,285) -1% 1,207,690
Li brary 6,069,158 3,438,704 3,375,439 63,265 2% 14,000 6,083,158
Marine & Aviation 502,830 265,497 218,375 47,122 18% (20,000) 482,830
Non-Departmental 4,703,759 3,314,839 3,321,522 (6,683) 0% 4,703,759
Office of Management & Budget 315,680 169,577 156,822 12,755 8% 315,680
Official Records & Legislative Svcs 1 ,250,160 655,824 552,698 103,126 16% 1 ,250,160
Parks & Recreation 20,240,730 10,757,943 10,662,993 94,950 1% 9,630 20,250,360
Planning 1 ,484,330 779,218 654,681 124,537 16% 1 ,484,330
Police 33,243,510 17,686,331 17,682,929 3,402 0% 33,243,510
Public Communications 989,192 515,719 482,961 32,758 6% 989,192
Public Works Administration 10,104,080 5,379,000 5,208,477 170,523 3% 10,104,080
Total Expenditures 111,611,899 61,185,792 60,206,539 979,253 2% 98,630 111,710,529
6
Water & Sewer Fund
Revenues:
Expenditures:
Increase/
(Decrease)
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2005/06
Description
At mid year, anticipated revenues of the Water & Sewer Fund
exceed anticipated expenditures by $1 ,933,730 for FY 2005/06.
o
o
No revenue amendments are proposed at mid year.
No expenditure amendments are proposed at mid year.
Stormwater Fund
Revenues:
Expenditures:
(75,000)
At mid year, anticipated revenues of the Stormwater Fund exceed
anticipated expenditures by $207,410 for FY 2005/06.
o
No revenue amendments are proposed at mid year.
Expenditure amendments reflect the return of funds, and a
corresponding budget reduction, from CIP project 315-96525,
Public Works Complex Building. The project has been cancelled
and funds are being returned to the appropriate fund.
Gas Fu nd
Revenues:
Expenditures:
397,310
At mid year, anticipated revenues of the Gas Fund exceed
anticipated expenditures by $1 ,324,970 for FY 2005/06.
o
Revenue amendments in the Gas Fund reflect an increase of
$400,000 in Franchise Fee Collections due to higher fuel prices,
an increase of $50,000 in Capitalized Labor Charges for increased
services provided in expanding infrastructure in Pasco County,
and $10,000 increase in repair services necessitated by line
breaks caused by construction companies. These increases offset
$460,000 of decreased Gas Sales due to lower than projected
Developer Incentive Recovery Collections. There is no net
revenue change proposed at mid year.
Expenditure amendments in the Administration & Supply
program reflect increases of $323,920 primarily for $320,000 in
increased taxes due on higher sales volume and other minor
increases. Marketing & Sales net expenditure increases of
$39,070 reflect an increase of $53,600 for appliances available for
resale and $14,530 of decreases in medical and pension costs in
this program. South Area Gas Operations expenditure increases
of $22,530 for higher utility costs in this program and the transfer
of some salary, medical, and pension costs between Gas
programs. North Area Gas Operations expenditure amendments
of $11,790 also primarily reflect the transfer of salary, medical,
and pension costs between Gas programs. The amendment is a
net expenditure increase across all programs of $397,310 at mid
year.
7
Solid Waste Fund
Revenues:
Expenditures:
Increase/
(Decrease)
48,800
48,800
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2005/06
Description
At mid year, anticipated revenues of the Solid Waste Fund exceed
anticipated expenditures by $1 ,019,017 for FY 2005/06.
Proposed revenue amendments increases reflect $39,000 for
higher Cash Pool Interest Earnings, an increase of $10,000 of
Other Revenues for compactor rentals, $1,000 for additional Sale
of Recyclables, and a decrease of $1,200 for lowered expected
reimbursements of Workers Compensation Claims. The net
amendment is a $48,800 increase in proposed fund revenues.
Expenditure amendment increases reflect $100,700 of personnel
expenses to cover the pay-out to a retiring long-term employee for
accumulated sick and vacation time and the hiring of a
replacement, and part time wages for an emergency worker to
cover for an employee injured on the job. These costs are partially
offset by $27,430 of salary savings. Other expenditure
amendments include $5,400 for increased Dump fees, $5,340 for
higher utility costs and other minor changes to reflect actual
activity. Decreases of $26,360 in Garage charges, both fixed and
variable costs, and $17,450 in Lease Purchase expenditures
reflect needs that are lower than original estimates. The net
budget amendment is a $48,800 increase and is offset by higher
expected revenues.
Recvclina Fund
Revenues:
Expenditures
51,000
25,160
At mid year, anticipated revenues of the Recyclinq Fund exceed
anticipated expenditures by $36,720 for FY 2005/06.
Proposed revenue amendments reflect increases of $32,000 in
the sale of recyclables due to higher than projected market prices
for commodities, $12,000 in cash pool interest earnings, and
$7,000 for higher than projected Commercial recycling fees.
The expenditure amendments include increases of $30,000 for
the cost of Inventory purchases for resale due to higher market
prices for recyclable commodities purchased from adjacent
communities, and $6,810 for Garage Services due to greater
usage of vehicles. These are partially offset by a $5,000 net
decrease in personnel expenditures due to using less part time
employee hours, and $10,900 in lower lease payments due to the
delayed purchase of a replacement vehicle. The net expenditure
amendment for the Recycling Fund reflects a total increase of
$25,160 that is more than offset by increased revenues.
8
UTILITY FUNDS
MID YEAR REVIEW
For the Six Month Period of October 1, 2005 to March 31, 2006
2005/06 2005/06
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance % Amendment Budget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Operating Revenue 48,179,600 23,184,166 23,177,045 (7,121) 0% 48,179,600
Non-Operating Revenue 2,896,710 1,448,360 678,879 (769,481 ) -53% 2,896,710
Contributions 175,000 87,498 498,904 411,406 470% 175,000
Transfers In nla
Use of Fund Equity 530,000 nla 530,000
Total Revenues 51,781,310 24,720,024 24,354,828 (365,196) -1% 51,781,310
Water & Sewer Fund Expenditures
Public Utilities Administration 760,870 388,756 340,555 48,201 12% 760,870
Wastewater Collection 5,662,880 3,252,459 3,129,578 122,881 4% 5,662,880
WPC/Plant Operations 11,877,230 6,302,345 6,021,063 281,282 4% 11,877,230
WPC/Laboratory Operations 1,515,070 774,259 770,810 3,449 0% 1,515,070
WPC/lndustrial Pretreatment 659,440 341,416 309,721 31,695 9% 659,440
Water Distribution 7,394,440 4,113,706 3,922,305 191,401 5% (151,820) 7,242,620
Water Supply 11,104,000 5,566,510 5,366,443 200,067 4% 130,810 11,234,810
Reclaimed Water 1,076,150 638,033 642,224 -4,191 -1% 21,010 1,097,160
Non-Departmental 9,797,500 4,898,754 4,898,746 8 0% 9,797,500
Total Expenditures 49,847,580 26,276,238 25,401,445 874,793 3% 49,847,580
STORMWATER FUND
Stormwater Utility Revenues
Operating Revenues 10,819,530 5,409,762 5,538,236 128,474 2% 10,819,530
Non-Operating Revenues 711,500 355,748 118,608 (237,140) -67% 711,500
Transfers In 75,000 75,000 100%
Use of Fund Equity nla
Total Revenues 11,531,030 5,765,510 5,731,844 (33,666) -1% 11,531,030
Stormwater Utility Expenditures
Stormwater Management 4,416,810 2,230,123 2,178,302 51,821 2% 4,416,810
Stormwater Maintenance 6,981,810 4,406,816 4,216,970 189,846 4% (75,000) 6,906,810
Total Expenditures 11,398,620 6,636,939 6,395,272 241,667 4% (75,000) 11,323,620
GAS FUND
Gas Fund Revenue
Operating Revenues 46,011,100 24,004,946 24,841,408 836,462 3% (60,000) 45,951,100
Non-Operating Revenues 524,640 345,096 341,706 (3,390) -1% 10,000 534,640
Transfers In nla
Capitalized Labor 395,000 197,502 272,066 74,564 38% 50,000 445,000
Use of Fund Equity 1,407,200 157,200 (157,200) nla 1,407,200
Total Revenues 48,337,940 24,704,744 25,455,180 750,436 3% 48,337,940
Gas Fund Expenditures
Administration & Supply 33,067,950 16,626,237 15,816,139 810,098 5% 323,920 33,391,870
South Area Gas Operations 4,614,700 3,000,179 3,064,966 (64,787) -2% 22,530 4,637,230
North Area Gas Operations 6,028,170 4,909,290 4,940,245 (30,955) -1% 11,790 6,039,960
Marketing & Sales 2,904,840 1,557,532 1,336,717 220,815 14% 39,070 2,943,910
Total Expenditures 46,615,660 26,093,238 25,158,068 935,170 4% 397,310 47,012,970
9
UTILITY FUNDS
MID YEAR REVIEW
For the Six Month Period of October 1, 2005 to March 31, 2006
2005/06 2005/06
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance % Amendment Budget
SOLID WASTE FUND
Solid Waste Revenues
Operating Revenues 16,513,900 8,256,948 8,253,646 (3,302) 0% 16,513,900
Non-Operating Revenues 435,000 217,500 313,612 96,112 nla 48,800 483,800
Transfers In 1,161,017 1,090,015 1,090,021 6 nla 1,161,017
Use of Fund Equity 207,240 nla 207,240
Total Revenues 18,317,157 9,564,463 9,657,279 92,816 1% 48,800 18,365,957
Solid Waste Expenditures
Collection 14,227,190 7,291,050 6,874,016 417,034 6% (20,280) 14,206,910
Transfer 1,352,940 700,211 628,522 71,689 10% (27,270) 1,325,670
Container Maintenance 706,090 366,642 347,352 19,290 5% (6,000) 700,090
Administration 1,011,920 517,574 483,106 34,468 7% 102,350 1,114,270
Total Expenditures 17,298,140 8,875,477 8,332,997 542,480 6% 48,800 17,346,940
RECYCLING FUND
Recycling Revenues
Operating Revenues 2,512,900 1,272,148 1,353,275 81,127 6% 39,000 2,551,900
Non-Operating Revenues 145,056 102,556 68,001 (34,555) -34% 12,000 157,056
Total Revenues 2,657,956 1,374,704 1,421,276 46,572 3% 51,000 2,708,956
Recycling Expenditures
Residential 928,440 488,885 471,575 17,310 4% 10,430 938,870
Multi-Family 473,430 247,834 237,609 10,225 4% (7,920) 465,510
Commercial 1,245,206 679,635 659,799 19,836 3% 22,650 1,267,856
Total Expenditures 2,647,076 1,416,354 1,368,983 47,371 3% 25,160 2,672,236
10
Marine & Aviation Fund
Revenues:
Expenditures:
City of Clearwater
Other Enterprise Funds
Mid Year Amendments
FY 2005/06
Increase/
(Decrease)
Description
Anticipated revenues of the Marine & Aviation Fund
exceed anticipated expenditures by $248,580 at mid
year FY 2005/06.
o
o
No amendments are proposed at mid year.
No amendments are proposed at mid year.
Parkina Fund
Revenues:
Expenditures:
Anticipated revenues of the Parkinq Fund exceed
anticipated expenditures by $209,614 at mid year FY
2005/06.
o
o
No amendments are proposed at mid year.
No amendments are proposed at mid year.
Harborview Fund
Revenues:
Expenditures:
At mid year, anticipated revenues of the Harborview
Fund equal anticipated expenditures for FY 2005/06.
o
o
No amendments are proposed at mid year.
No amendments are proposed at mid year.
11
ENTERPRISE FUNDS
MID YEAR QUARTER REVIEW
For The Six Month Period of October 1, 2005 - March 31, 2006
2005/06
1 Qtr Amended
Budget
Mid-Year
Projection
Mid-Year
Actual
Budget
Variance
%
Proposed
Amendment
2005/06
MY Amended
Budget
MARINE & AVIATION FUND
Marine & Aviation Fund Revenues
Operating Revenues 3,630,750 1,815,384 1,680,739 (134,645) -7% 3,630,750
Non-Operating Revenues 219,650 109,828 77,747 (32,081) -29% 219,650
Transters In n/a
Use at Fund Equity n/a
Total Revenues 3,850,400 1,925,212 1,758,486 (166,726) -9% 3,850,400
Marine & Aviation Fund Expenditures
Marine Department 3,451,530 1,862,061 1,949,236 (87,175) -5% 3,451,530
Airpark 150,290 81,340 59,321 22,019 27% 150,290
Total Expenditures 3,601,820 1,943,401 2,008,558 (65,157) -3% 3,601,820
PARKING FUND
Parking Fund Revenues
Operating Revenues 4,399,090 1,805,096 1,934,693 129,597 7% 4,399,090
Non-Operating Revenues 286,670 143,334 289,683 146,349 102% 286,670
Transters In 37,324 37,324 37,324 n/a 37,324
Total Revenues 4,723,084 1,985,754 2,261,700 275,946 14% 0 4,723,084
Parking Fund Expenditures
Public Wks/Parking System 3,265,490 1,795,854 1,673,760 122,094 7% 3,265,490
Public Wks/Parking Entorcement 600,000 308,093 265,193 42,900 14% 600,000
Beach Guard Operations 647,980 298,338 305,004 (6,666) -2% 647,980
Total Expenditures 4,513,470 2,402,285 2,243,957 158,328 7% 4,513,470
HARBORVIEW FUND
Harborview Center Fund Revenues
Operating Revenues 230,000 92,500 95,074 2,574 3% 230,000
Non-operating Revenues 138,380 69,190 67,781 (1,409) -2% 138,380
Transters In 323,770 323,770 323,770 0% 323,770
Total Revenues 692,150 485,460 486,625 1,165 0% 692,150
Harborview Center Fund Expenditures
Harborview Center Operations 692,150 550,320 553,010 (2,690) 0% 692,150
Total Expenditures 692,150 550,320 553,010 (2,690) 0% 692,150
12
General Services
Revenues:
Expenditures:
Increase/
(Decrease)
7,000
7,000
City of Clearwater
Internal Service Funds
Mid Year Amendments
FY 2005/06
Description
At mid year, anticipated revenues of the General Services
Fund exceed anticipated expenditures by $13,590 for FY
Amendments reflect an increase of $7,000 in interest
earnings.
Amendments reflect a net increase of $7,000 across a
variety of codes to reflect higher than anticipated costs of
fuel and repair charges. These increases are offset by
revenues.
Administrative Services
Revenues:
Expenditures:
o
At mid year, anticipated revenues of the Administrative
Services Fund exceed anticipated expenditures by $52,590
for FY 05/06.
No amendments are proposed at mid year.
Mid year amendments propose savings in the amount of
$35,500 within the Clearwater Customer Service
Department operating budget be transferred to the Capital
Improvement Fund to establish project 315-94844 for the
remodeling and renovation of the CCS Meter Reading Office
to provide adjacent office space for the coordinator and to
relocate the director's office. The net budget impact is $0.
o
13
Garaae Fund
Revenues:
Expenditures:
Increase/
(Decrease)
98,390
97,260
City of Clearwater
Internal Service Funds
Mid Year Amendments
FY 2005/06
Description
At mid year, anticipated revenues of the Garaqe Fund
exceed anticipated expenditures by $11 ,130 for FY 05/06.
Amendments reflect the use of $50,000 of retained
earnings to hire outside legal counsel for an FCC related
issue (these funds will be returned to retained earnings upon
reimbursement to the City), an increase of $35,000 in cash
pool interest earnings, an increase of $12,260 in billings to
Departments for lease/purchase payments on a
replacement vehicle, and the return of $1 ,129.54 from the
Capital Improvement Program project 315-94235, General
Services Storage Building. That building is complete and
remaining funds are being returned to the Garage Fund.
Amendments reflect the transfer of $50,000 to hire outside
legal counsel for an FCC related issue (these funds will be
returned to retained earnings upon reimbursement to the
City), an increase of $12,260 for lease/purchase payments
on a replacement vehicle for Public Services, and a net
increase of $47,260 across other fund codes, mostly for the
increase in the price of fuel and vehicle parts, currently
being experienced.
Central Insurance
Revenues:
Expenditures:
834,190
834,190
At mid year, anticipated revenues of the fund exceed
anticipated expenditures by $1 ,022,070 for FY 05/06.
Revenue amendments reflect the use of unrestricted
retained earnings of the Central Insurance Fund to reflect
the transfer of $834,183.51 to capital project 315-92269,
Downtown Streetscape. The City Council approved this
amendment on April 20, 2006 to provide temporary funding
until TIF or FOOT funding is received. Upon receipt of
these other funding sources, unneeded Central Insurance
Fund moneys will be returned.
Expenditure amendments reflect a transfer of $834,183.51
of Central Insurance Fund retained earnings to fund project
315-92269, Downtown Streetscape, until funds are made
available from TIF or FOOT. This was approved by the City
Council on April 20, 2006. A mid year amendment also
proposes savings in the amount of $15,000 within the Risk
Management Department operating budget be transferred to
the Capital Improvement Fund to establish project 315-
94526 for the remodeling of the work area to provide more
privacy for staff when discussing employee risk claims.
14
INTERNAL SERVICE FUNDS
MID YEAR QUARTER REVIEW
For The Six Month Period of October 1, 2005 - March 31, 2006
2005/06 2005/06
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance % Amendment Budget
GENERAL SERVICES FUND
General Services Fund Revenues
Billings to Departments 4,092,710 2,046,348 2,074,666 28,318 1% 4,092,710
Non-Operating Revenue 25,000 12,500 16,876 4,376 35% 7,000 32,000
Transfers In nla
Fund Reserves nla
Total Revenues 4,117,710 2,058,848 2,091,542 32,694 2% 7,000 4,124,710
General Services Fund Expenditures
Administration 500,820 260,007 248,206 11,801 5% 610 501,430
Building & Maintenance 3,603,300 1,865,495 1,794,574 70,921 4% 6,390 3,609,690
Total Expenditures 4,104,120 2,125,502 2,042,780 82,722 4% 7,000 4,111,120
ADMINISTRATIVE SERVICES FUND
Administrative Services Revenues
Operating Revenue 9,056,290 4,528,146 4,355,502 (172,644) -4% 9,056,290
Non-Operating Revenue 50,000 25,000 70,940 45,940 184% 50,000
Transfers In 43,435 43,435 100%
Fund Reserves nla
Total Revenues 9,106,290 4,553,146 4,469,877 (83,269) -2% 9,106,290
Administrative Services Expenditures
Information Technology/Admin 466,020 242,187 205,145 37,042 15% 466,020
Information Tech/Network Svcs 1,783,370 916,651 830,385 86,266 9% 1,783,370
Info Tech/Software Applications 1,734,300 1,025,364 993,151 32,213 3% 1,734,300
Info TechITelecommunications 1,279,730 645,392 555,212 90,180 14% 1,279,730
Pub Comm/Courier 175,580 88,775 93,228 (4,453) -5% 175,580
Pub Comm/Graphics 423,710 219,106 221,413 (2,307) -1% 423,710
Clearwater Customer Service 3,190,660 1,719,606 1,568,981 150,625 9% 3,190,660
Total Expenditures 9,053,370 4,857,081 4,467,515 389,566 8% 9,053,370
GARAGE FUND
Garage Fund Revenues
Billings to Departments 10,435,920 5,217,960 5,271,742 53,782 1% 12,260 10,448,180
Non-Operating Revenue 514,580 257,292 342,191 84,899 33% 35,000 549,580
Transfers In 10,000 10,000 10,000 nla 1,130 11,130
Fund Reserves 842,648 nla 50,000 892,648
Total Revenues 11,803,148 5,485,252 5,623,933 138,681 3% 98,390 11,901,538
Garage Fund Expenditures
Fleet Maintenance 10,813,080 6,040,964 5,993,592 47,372 1% 47,260 10,860,340
Radio Communications 980,068 262,284 233,303 28,981 11% 50,000 1,030,068
Total Expenditures 11,793,148 6,303,248 6,226,895 76,353 1% 97,260 11,890,408
15
INTERNAL SERVICE FUNDS
MID YEAR QUARTER REVIEW
For The Six Month Period of October 1, 2005 - March 31, 2006
2005/06 2005/06
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance % Amendment Budget
CENTRAL INSURANCE FUND
Central Insurance Fund Revenues
Billings to Departments 18,388,060 7,753,343 7,334,314 (419,029) -5% 18,388,060
Non-Operating Revenue 735,000 367,500 491,600 124,100 34% 735,000
Transfers In 146,620 134,868 143,873 9,005 7% 146,620
Fund Reserves 881,013 0% 834,190 1,715,203
Total Revenues 20,150,693 8,255,711 7,969,787 (285,924) -3% 834,190 20,984,883
Central Insurance Fund Expenditures
Finance/Risk Management 386,140 204,689 169,320 35,369 17% 386,140
Hum Resources/Employee Benefits 295,980 153,903 117,255 36,648 24% 295,980
Non-Departmental 18,446,503 9,418,987 9,114,036 304,951 3% 834,190 19,280,693
Total Expenditures 19,128,623 9,777,579 9,400,611 376,968 4% 834,190 19,962,813
16
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Summary
FY 2005/06
The amended 2005/06 Capital Improvement Program budget report is submitted for the City Council's Mid Year review.
The net proposed amendment is a budget increase of $2,246,125. This review provides the opportunity to examine the
status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases
encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget increase:
Y Risk Management Office Renovations - To establish the project and record a budget increase of $15,000 in
Central Insurance revenue, which will be transferred from savings within the operating budget of the Risk
Management operation. This will provide funding to close off some areas in the Risk Management area in the MSB
so HIPP A issues can be discussed privately.
y CCS Meter Reading Office Renovation - To establish the project and record a budget increase of $35,500 in
Administrative Services revenue, which will be transferred from savings within the operating budget of the
Customer Service Department. This will fund the remodeling and renovation of the CCS Meter Reading office to
accommodate electronic meter reading equipment, computers and lockers as well as additional office space.
All significant budget increases that haYe been previously approved by the Council are listed below:
Downtown Streetscape
EC Moore East Batting Tunnel
Downtown Boat Slips
Marina Pump Out Boat
Motorized Equipment-Lease Purchase II
Myrtle Avenue Drainage Improvements
WWTP Internal Recycle Modifications
Project
Rlld~et Increase
4,278,554
225,000
345,426
30,750
93,564
170,336
1,265,331
Council
Approval
04-20-2006
03-02-2006
03-16-2006
04-06-2006
03-02-2006
03-02-2006
06-01-2006
17
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2005 to March 31, 2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/05 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
PUBLIC SAFETY
Police Protection
91147 Police Computer Network- 551,330 551,330 551,330 551,330
91148 Police Hurricane Shutters 428,818 428,818 428,818 274,779 154,039
Sub-Total 980,148 980,148 980,148 274,779 154,039 551,330
Fire Protection
91221 EMS Capital Equipment 913,411 913,411 913,411 829,503 83,908
91226 Vehicular Support 317,509 317,509 317,509 264,171 53,338
91229 Replace & Upgrade Airpacks 671 ,500 671,500 671 ,500 282,280 389,220
91236 Rescue Vehicle 453,744 453,717 453,717 453,717 C
91237 Northwest Station 2,220,535 2,220,535 2,220,535 2,080,320 127,540 12,675
91240 Fire GIS 74,000 74,000 74,000 10,382 63,618
91241 NW Station Furnishings 124,000 85,896 85,896 85,896 (0) C
91242 Fire Training Facility 3,566,500 3,566,500 3,566,500 44 3,566,456
91243 Clwr Mall Fire Station 1,685,762 1 ,684,072 1,684,072 1 ,684,072 C
91245 Fire Garage Door Replcmt 94,000 94,000 94,000 79,639 14,361
91247 Traffic Pre-Emption 80,000 80,000 80,000 29,548 50,452
91248 Fire Shop/Supply Facility 714,180 708,302 708,302 708,302 C
91249 Fire Dispatch Radio Replcmt 317,700 317,700 317,700 299,364 18,336
91250 Heavy Unit Replacement 500,000 499,923 499,923 499,923
91252 Station 48 Renovation/Expansion 200,000 200,000 200,000 159,477 40,523
91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 101,269 2,898,731
91254 Ladder Truck 850,000 884,380 884,380 884,380
91255 Exhaust Systems 94,850 94,850 94,850 94,850
91256 Security Access Systems 64,760 64,760 64,760 8,989 55,771
Sub-Total 15,942,451 15,931,056 15,931,056 7,307,163 1,281,655 7,342,238
TRANSPORTATION
New Street Construction
92146 Druid Rd Improvements 1,556,050 2,056,050 2,056,050 1 ,297,638 273,885 484,527
92148 Gateway to the Beach 10,062,697 10,062,697 10,062,697 10,062,697
Sub-Total 11,618,747 12,118,747 12,118,747 1,297,638 273,885 10,547,224
Major Street Maintenance
92259 Traffic Calming 4,532,098 4,532,098 4,532,098 1 ,689,980 171,877 2,670,242
92262 SR 60 Corridor Beaut 3,316,842 3,170,541 3,170,541 2,371,206 350,000 449,335
92265 Myrtle Ave/Alt 19 1,245,473 1,245,473 1,245,473 948,411 260,271 36,790
92266 Streets, Sidewalks & Bridges 11,360,806 11 ,360,806 123,535 11,484,341 7,620,912 563,866 3,299,563
92267 Beach Walk 15,646,776 30,412,195 30,412,195 1 ,550,344 10,362,673 18,499,178
92268 Bluff to Beach Guideway 140,000 140,000 140,000 90,000 50,000
92269 Downtown Streetscape 4,247,970 5,032,420 4,278,554 9,310,974 301,607 59,261 8,950,106
92270 Gulf to Bay / Highland Imprv 1,500,000 1 ,500,000 1,500,000 1,500,000
92271 Courtney Campbell Landscape 150,000 150,000 150,000 150,000
92272 Drew & US 19 Landscape 250,000 250,000 250,000 250,000
Sub-Total 42,389,964 57,793,532 4,402,089 62,195,621 14,572,459 11,767,948 35,855,214
Sidewalks and Bike Trail
92339 New Sidewalks 389,833 389,833 389,833 238,427 123,407 28,000
92340 Clw Bch West Bridge Co 4,792,166 4,792,166 175,000 4,967,166 1,118,214 353,403 3,495,549 3
92341 McMullen Booth Rd Overpass 3,232,121 3,232,121 (158,380) 3,073,741 3,073,741 C 4
92342 Beach Connector Trail 193,950 193,950 193,950 88,154 105,796 (0)
Sub-Total 8,608,071 8,608,071 16,620 8,624,691 4,518,536 582,606 3,523,549
24
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2005 to March 31, 2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/05 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
Intersections
92551 City-Wide Intersection Imprv 961 ,778 990,778 (175,000) 815,778 412,899 17,390 385,489
92552 Signal Renovation 835,698 835,698 835,698 799,448 16,965 19,285
92553 New Signal Installation 761 ,789 761,789 761 ,789 385,474 34,397 341,918
92558 Intersection Improvements-II 2,126,009 2,126,009 (785,433) 1,340,576 365,828 40,000 934,747
Sub-Total 4,685,273 4,714,273 (960,433) 3,753,840 1,963,649 108,752 1,681,440
Parking
92630 Parking Lot Resurtacing 1,329,023 1,329,023 1 ,329,023 593,285 735,737
92632 Pkng Garage Structure Rpr 1,093,432 1,093,432 1 ,093,432 684,233 409,199
92636 Parking Lot Improvement 1,012,977 1,012,977 1 ,012,977 461,885 79,597 471,495
92637 Elec Real Time Signing Sys 350,000 350,000 350,000 350,000
92640 Downtown Parking Garage 1,900,000 1,900,000 1 ,900,000 102,200 1,797,800
92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000
92644 Pelican Walk Parking Garage 51,800 14,476 14,476 14,476 C
92646 Station Square Parking 1,300,000 1,300,000 1 ,300,000 1,300,000
Sub-Total 13,037,231 12,999,907 12,999,907 1,856,078 79,597 11,064,232
Miscellaneous Engineering
92820 Memorial Causeway Br Repl 37,258,665 37,258,665 37,258,665 36,783,379 108,270 367,016
92822 Miscellaneous Engineering 364,025 364,025 364,025 235,907 100 128,018
92827 Global Pos Sys Survey Equip 125,000 88,742 88,742 88,742 C
92829 Comm Sports Complex Dev 23,662,598 23,662,598 23,662,598 23,604,260 30,316 28,022
92836 Sign Shop Expansion 240,000 319,793 319,793 26,899 292,894
Sub-Total 61,650,288 61,693,823 61,693,823 60,739,187 431,580 523,056
lEISURE
land Acquisition
93129 Bayview Park 450,000 650,000 650,000 253,628 28,687 367,685
93130 Dailey Property Purchase 183,500 183,500 183,500 C
450,000 833,500 833,500 437,128 28,687 367,685
Park Development
93201 Eddie C Moore 8 & 9 880,000 880,000 880,000 877,530 970 1,500
93203 Carpenter Fld-Infras Rep/lmp 90,000 90,000 90,000 42,081 47,919
93204 Concrete Sidewalk & Pad 312,913 312,913 312,913 292,029 11,100 9,783
93205 Com Sprts Cmp Infr Rep/lmp 150,000 150,000 150,000 56,798 93,202
93210 Mem Cswy Lndscp/Beaut 1,362,600 1 ,362,600 1,362,600 68,228 804,513 489,858
93213 Prk Amenity Purch & Rplcmnt 589,942 589,942 589,942 518,477 71,465
93214 Long Center Playground 400,000 400,000 400,000 1,750 398,250 7
93229 Tennis Court Resurtacing 454,082 454,082 454,082 391,051 53,330 9,701
93230 Playground & Fitness Eqpmnt Purchase & RE 991,130 1,005,210 1,005,210 923,768 81,443
93232 Long Center 1,036,821 1,036,821 1 ,036,821 915,125 109,766 11,930
93241 Crest Lake Pk Improvemts 200,000 200,000 200,000 2,805 197,195
93244 P&B Trucks 18,500 18,500 18,500 13,404 5,096
93245 Countryside Sports Complex 500,000 500,000 500,000 500,000
93246 Long Center Pool Project 800,000 800,000 200,000 1 ,000,000 2,709 25,480 971,812
93247 Fitness Equipment Replacement 25,000 25,000 25,000 15,394 9,606
93248 National Guard Armory Renovation 330,000 330,000 330,000 5,378 39,600 285,022
93250 Mobile Pertormance Platform 39,083 39,083 39,083 39,083
93251 Morningside Rec Ctr Replacement 35,000 35,000 35,000
93252 EC Moore E Batting Tunnel 225,000 225,000 225,000
93253 Ross Norton Complex 3,767,725 4,067,287 4,067,287 3,935,358 131,929 0
93262 Fencing Replacemt Program 719,555 719,555 719,555 681,644 37,911
93269 Light Replacement 1,356,676 1,356,676 1 ,356,676 1,186,934 32,700 137,043
93271 Swimming Pool R&R 445,000 234,400 234,400 133,004 98,474 2,923
93272 Bike Paths/Bridges 6,880,000 550,000 550,000 60,937 43,948 445,115
93273 Restrooms on Clearwater Beach 600,000 600,000 600,000 600,000
25
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2005 to March 31, 2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/05 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
Park Development (can't)
93274 P&R Technology Upgrades 178,000 178,000 178,000 51,134 126,866
93275 Dog Park @ Crest Lake 130,000 115,920 115,920 115,920 C
93277 Harborview Infra Rep/lmpr 276,541 276,541 276,541 195,051 81,490
93278 Long Center Infra Repairs 217,000 217,000 (15,000) 202,000 127,175 17,410 57,414 10
93286 Pking Lot/Bike Pth Rsr/lmprv 286,943 286,943 286,943 215,744 71,199
Sub-Total 23,037,512 16,831,474 410,000 17,241,474 10,816,025 1,421,707 5,003,741
Marine Facilities
93401 Marina/Boating Access Study 75,000 75,000 75,000 75,000 C
93402 Baylront Promenade 900,000 1,047,007 1,047,007 66,134 3,557 977,316
93403 Beach Guard Facility Maint 10,000 10,000 10,000 10,000
93404 High & Dry Marina Feasibility Study 54,000 54,000 54,000
93405 Downtown Boat Slips 345,426 345,426 3,119 258,426 83,882 11
93406 Marina Pump Out Boat 41,000 12
93413 Utilities/Svcs Replace 363,966 363,966 363,966 358,114 5,852
93429 Dock Replacement & Repair 319,040 319,040 319,040 284,447 34,593
93487 Fishing Piers 356,031 356,031 (148,419) 207,612 207,612 13
93490 Fuel System R&R 140,000 140,000 140,000 36,746 103,254
93494 Fuel Tank Replacement 247,500 358,220 358,220 302,396 55,815 9
93495 Dock Construction 70,000 70,000 (10,250) 59,750 12,840 46,910 14
93496 Marine Fac Dredg/Maint 630,329 506,009 506,009 437,654 68,355
93497 Docks & Seawalls 430,000 286,085 286,085 111,580 122,565 51,940
93499 Pier 60/Sailing Ctr Maint 80,313 80,313 80,313 47,903 32,410
Subtotal 3,622,179 3,665,670 227,757 3,852,427 1,940,705 507,203 1,404,519
Airpark
94713 Airpark Master Plan Improv 2,723,295 2,658,399 2,658,399 2,658,399 0 C 19
94817 Airpark Maint & Repair 50,000 50,000 50,000 39,209 10,791
94838 Airpark FBO Building 253,500 307,960 14,346 322,305 251,638 24,128 46,539 22
Sub-Total 3,026,795 3,016,358 14,346 3,030,704 2,949,246 24,128 57,330
Libraries
93523 New Main Library 19,192,630 19,192,630 37,500 19,230,130 18,670,667 66,029 493,434 15
93526 Polaris System Upgrade 60,000 59,143 59,143 59,143 C
93527 Books & Other Lib Mat - II 1,974,271 1 ,974,271 1,974,271 1,438,211 1,425 534,635
Sub-Total 21,226,901 21,226,044 37,500 21,263,544 20,168,021 67,454 1,028,069
Garage
94230 Fleet Asset Mgmt Sys 250,702 250,702 250,702 236,920 13,241 540
94232 Radio User Equip Replcmt 600,000 600,000 600,000 393,564 69,930 136,506
94233 Motorized Equip-Cash II 384,032 384,032 384,032 281,892 7,250 94,891
94234 Motorized Equip - LP II 12,459,057 12,459,057 93,564 12,552,621 7,790,942 1,492,343 3,269,337 16
94235 Gen Svcs Storage Bldg 328,673 328,673 (1,130) 327,544 327,544 0 17
94236 Radio Simulcast Upgrade 462,258 462,258 429,348 32,910
Sub-Total 14,022,465 14,484,723 92,435 14,577,157 9,030,861 2,012,112 3,534,184
Building Maintenance
94510 Air Cond Replace-City Wide 1,683,459 1,683,459 1 ,683,459 1,081 ,540 265,115 336,805
94512 Roof Repairs 517,635 517,635 517,635 442,123 75,511
94514 Roof Replacements 1,110,334 1,110,334 1,110,334 706,171 404,163
94517 Painting of Facilities 513,925 513,925 513,925 234,649 279,276
94518 Fencing of Facilities 96,698 96,698 96,698 65,896 30,802
94519 Flooring for Facilities 744,642 744,642 744,642 593,290 1,114 150,238
94521 Elevator Refurb/Modernization 220,000 220,000 220,000 220,000
94522 B&M Asset Mgmt Sys 130,886 130,886 130,886 123,691 5,561 1,634
94524 Long Ct Major Infrst Imprvmts 355,000 355,000 (200,000) 155,000 155,000 18
94525 Bldg& Maint Vehicles 111,000 111,000 111,000 76,413 26,298 8,289
26
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2005 to March 31, 2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/05 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
Building Maintenance (can't)
94526 Risk Mgmt Office Renovations 15,000 15,000 15,000 19
94617 Fire Stations I MSB Generators 303,746 303,746 303,746 309,080 1,821 (7,155)
94619 Structural Eval of City Facilities 135,000 C
Sub-Total 5,922,325 5,787,325 (185,000) 5,602,325 3,632,854 299,909 1,669,563
Miscellaneous
94711 Sand Key Power Line 1,400,000 1,400,000 1 ,400,000 1,211,815 188,185
94714 Downtown Redevelopment 3,350,809 2,890,809 460,000 3,350,809 1,323,064 2,027,744 21
94729 City-wide Connect Infra 1,481 ,333 1,481 ,333 1,481,333 358,859 160,767 961,707
94736 Geographic Information 952,726 952,726 952,726 733,466 570 218,690
94761 Poll Stor Tank Rem/Repl-Gen 363,658 353,658 353,658 233,333 5,022 115,302
94765 IMR Development 1,441,788 1,441,788 1,441,788 1,342,517 9,012 90,259
94801 Tidemark Upgrade 702,623 702,623 702,623 494,082 31,227 177,314
94803 Envrnmntl Assmt & Clean-up 679,066 679,066 679,066 292,850 118,301 267,914
94809 Financial Sys Replacement 1,050,640 1,050,640 1 ,050,640 905,486 105,296 39,858
94814 Network Infra & Server Upgr 585,202 585,202 585,202 413,195 120,530 51,478
94820 HR Peoplesoft Upgrade 275,000 275,000 275,000 75,420 17,618 181,962
94824 IT Disaster Recovery 150,000 150,000 150,000 49,979 100,021
94826 Electric Meter Rd Upgrade 70,000 70,000 (31,186) 38,814 38,814 C 22
94827 Telecommunications Upgrade 75,000 75,000 75,000 75,000
94828 Financial Sys Upgrades 150,000 150,000 150,000 150,000
94829 CIS Upgrades I Replcmt 234,873 234,873 234,873 60,290 174,583
94830 MS Licensing I Upgrades 50,000 50,000 50,000 50,000
94831 Evaluation & Appraisal Rept 295,190 295,190 295,190 148,244 146,946
94833 Computer Monitors 260,000 260,000 260,000 108,484 151,516
94834 ACD Replacement 35,000 31,925 31,925 31,925 C
94835 Dev Svcs Pickup Truck 20,000 16,539 16,539 16,539 C
94836 Document & Agenda Mgmt Repl 180,363 180,363 180,363 124,283 56,080
94837 Survey Vehicle & Total Station 50,000 50,000 50,000 49,648 352
94839 Roadway & Traffic Asset Mgt 100,000 100,000 100,000 100,000
94840 Extended Cab Pickup Truck 17,500 17,500 17,500 14,324 3,176
94841 Dev Svcs Pickup Truck 20,000 20,000 20,000 20,000
94842 MSB Pkg Lot Resurt/lmprvmts 400,000 400,000 400,000 5,909 394,091
94843 Station Square Impact Fees 460,000 (460,000) 24
94844 CCS Mtr Reading Office Ren 35,500 35,500 35,500 25
Sub-Total 14,390,770 14,374,234 4,314 14,378,549 8,032,527 715,289 5,630,733
UTILITIES
Stormwater Utility
96120 Alligator Ck Implementation 3,165,033 2,394,452 2,394,452 2,394,452 C
96124 Storm Pipe System Improv 7,948,160 7,315,648 (1,403,820) 5,911,828 4,792,459 556,046 563,323 26
96125 Prospect Lake Park 7,754,496 7,754,496 7,754,496 7,459,131 23,319 272,047
96129 Stev Ck Estuary Restor 8,541 ,660 8,226,057 8,226,057 2,051,080 6,174,977
96137 FDEP Compliance 1,008,000 1,008,000 1 ,008,000 47,488 86,414 874,099
96141 Kapok Flood Resolution 19,851,653 19,851,653 19,851,653 18,114,284 122,117 1,615,252
96142 Myrtle Ave Drainage Imprvmt 11,521 ,263 11 ,596,495 170,336 11 ,766,831 9,368,318 1,894,339 504,174 27
96144 Stevensen Crk Impl Projects 9,579,431 9,579,431 9,579,431 4,071 ,720 4,807,789 699,923
96149 Storm Sys Expansion 904,469 904,469 904,469 330,183 574,286
96150 Morningside/Meadows Drain 3,463 3,463 3,463 127 3,336
96152 Lake Bellevue Stormwater Imp 1,783,534 1,783,534 1 ,783,534 253,403 32,956 1,497,175
96154 Alligator Ck Implemt - II 7,110,000 8,130,582 8,130,582 857,572 207,009 7,066,001
96158 Transfer Yard Upgrade 240,000 240,000 240,000 24,286 80,544 135,170
96160 Coopers Point Observation Tower 100,000 100,000 100,000 100,000
Sub-Total 79,511,163 78,888,280 (1,233,484) 77,654,796 49,764,501 7,810,532 20,079,764
Water System
96721 System R & R-Maintenance 805,269 808,360 75,000 883,360 778,160 105,200 33
96739 Reclaimed Water Dist 41,136,811 41,136,811 41,136,811 28,618,975 4,073,916 8,443,920
96740 Water SupplyfTreatment 4,842,034 4,842,034 4,842,034 3,105,440 552,695 1,183,899
96741 System R & R-Capitalized 7,889,029 7,889,029 7,889,029 5,811,139 195,389 1,882,500
96742 Line Relocation-Capitalized 10,964,200 10,325,339 (565,340) 9,760,000 5,112,132 803,149 3,844,719 34
96743 Mtr Bkflow Prev Dev/Chang 2,099,182 2,099,182 2,099,182 1,327,507 586 771,089
96744 System Expansion 1,749,673 1,749,673 1,749,673 958,675 790,998
96747 Rain Sensor Rebates 1,819 1,819 1,819 1,819
96748 Water Treatment Facility 8,438,444 8,438,444 (320,211) 8,118,233 8,118,233 C 35
96750 Well Rehabilitation 888,100 887,387 320,211 1 ,207,598 833,332 226 374,041 36
96752 Water Service Lines 2,817,318 2,873,875 2,873,875 1,821 ,629 490,278 561,968
96757 Water Pick up Trucks 90,900 90,900 90,900 26,298 26,808 37,794
96758 Fluoride in Water System 289,780 289,780 289,780 78,028 87,334 124,418
96759 Water Main Ph 15-16-17 2,500,000 2,500,000 2,500,000 159,143 1,971 ,973 368,884
96760 Elevated Water Tanks Upgrade 2,958,600 2,958,600 2,958,600 110,440 2,068,750 779,410
96761 Telemetry for Wells 565,000 565,000 565,000 12,586 28,014 524,400
96762 Water Generators 600,000 600,000 600,000 302,500 297,500
96763 Wellfield Expansion 1,033,310 1,033,310 1,033,310 66,972 224,618 741,720
96764 RO Plant Exp Res #1 993,850 993,850 993,850 102,538 277,617 613,695
96765 Water Meter Testing Equipment 47,100 47,100 47,100 28,985 18,115
96766 Water Quality Monitoring Devices 150,000 150,000 150,000 150,000
Sub-Total 90,860,418 90,280,493 (490,340) 89,790,154 57,345,548 10,830,338 21,614,268
27
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2005 to March 31, 2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/05 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
Sewer System
96605 WWC Interceptor Lines 1,287,856 1,287,856 1 ,287,856 726,053 23,979 537,825
96611 Bio-Solids Treatment 7,496,060 7,496,060 7,496,060 4,681,110 1,839,487 975,463
96613 NE Filter/Marshall Blow MCC 3,023,165 3,023,165 3,023,165 2,368,818 416,005 238,341
96615 Odor Control 520,000 520,000 520,000 38,393 112,128 369,479
96616 WWTP Internal Recycle Mod 1,075,000 1,075,000 1 ,265,331 2,340,331 151,202 4,496 2,184,633 29
96619 WWTP Generator Replacements 850,000 850,000 850,000 496,102 353,898
96620 WWTP Headworks 550,000 550,000 550,000 328,200 221,800
96621 WWTP New Presses 200,000 200,000 200,000 200,000
96630 Sanitary Sewer Ext 1,931,194 1,931,194 1,931,194 821 ,986 1,109,208
96634 San Util Reloc Accmmdtn 3,365,348 2,858,348 (59,620) 2,798,728 2,400,509 87,787 310,433 30
96645 Laboratory Upgrade & R&R 702,959 794,359 794,359 614,781 32,217 147,362
96654 Facilities Upgrade & Improv 1,866,689 1,866,689 1 ,866,689 1,651,766 3,249 211,674
96664 WPC R & R 6,195,212 6,195,212 6,195,212 5,471,539 204,441 519,232
96665 Sanitary Sewer R&R 19,084,942 19,101,543 (1,065,828) 18,035,715 11,818,740 1,979,977 4,236,998 31
96670 Poll Stor Tk Remov-WPC 172,926 172,926 172,926 124,276 48,650
96685 WPC Master Plan Ph III 1,634,430 1,543,030 1 ,543,030 1,513,993 28,206 831
96686 Pump Station Replacement 11,149,870 11,123,214 11,123,214 7,201,739 263,144 3,658,331
96694 Manhole & Gravity Line Repl 1,226,195 1,252,851 1,252,851 1,226,195 26,656
96696 WWC Sewer Upgrades 40,000 40,000 (4,562) 35,438 35,438 C 32
Sub-Total 62,371,845 61,881,446 135,321 62,016,766 40,846,535 5,819,417 15,350,814
Gas System
96358 Environmental Remediation 1,636,936 1,636,936 1 ,636,936 787,474 101,603 747,858
96365 Line Relocation-Pinell Maint 1,216,089 1,216,089 1 ,216,089 325,707 11,253 879,130
96367 Gas Meter Change Out-Pin 850,000 850,000 850,000 89,238 760,762
96374 Line Relocation-Pin Capit 2,628,822 2,628,822 2,628,822 1,478,238 158,999 991,585
96376 Line Relocation - Pas Maint 230,000 230,000 230,000 230,000
96377 Pinellas New Main / Ser 8,859,269 8,895,014 8,895,014 6,869,556 31,396 1,994,062
96378 Pasco New Mains / Ser 7,681 ,782 7,681 ,782 7,681,782 4,947,406 36,219 2,698,157
96379 Pasco Gas Mtr Change Out 1,050,000 1,050,000 1 ,050,000 1,742 1,048,258
96381 Line Reloc-Pasco-Capital 455,000 455,000 455,000 954 454,046
96382 Gas Inventory - Work mgmt Sys 375,000 375,000 375,000 13,774 361,226
96383 Gas Sales Office 250,000 250,000 250,000 250,000
Sub-Total 25,232,897 25,268,642 25,268,642 14,514,088 339,470 10,415,084
28
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2005 to March 31, 2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/05 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
Solid Waste
96426 Facility R & R 1,451,752 1,451,752 1,451,752 1,017,132 20,619 414,001
96438 Vehicle Acquisition 906,461 906,461 906,461 613,485 292,976
96439 Container Screening Pro 129,290 129,290 129,290 18,583 110,708
96440 Improvements to SW Complx 208,785 208,785 208,785 73,117 135,668
96442 SW Vehicle Replacement 709,769 709,769 709,769 399,668 145,148 164,954
96443 Res Container Acquisition-II 522,283 522,283 522,283 245,668 18,425 258,190
96444 Comm Container Acquisition-II 984,020 984,020 984,020 494,735 86,835 402,450
Sub-Total 4,912,360 4,912,360 4,912,360 2,862,388 271,026 1,778,946
Utility Miscellaneous
96516 Citywide Aerial Photo 171,666 171,666 171,666 149,533 22,134
96521 PW Infra Mgmt System 1,543,510 1,543,510 1,543,510 1,238,171 305,339
96523 Pub Utilities Adm Bldg R&R 183,054 183,054 183,054 144,926 7,413 30,714
96524 Exotic & Inv Species Cont 212,650 211,585 211,585 211,585 C
96525 Public Works Complex Bldg 225,000 225,000 (225,000) C 28
Sub-Total 2,335,880 2,334,815 (225,000) 2,109,815 1,744,214 7,413 358,188
Recycling
96804 Recycling Carts/Dumpsters 646,925 646,925 646,925 353,858 1,310 291,757
96805 Recyc Expan/Prom/R&R 962,923 962,923 962,923 586,942 375,980
96806 Recycling Equip Replac 1,987,037 1,987,037 1 ,987,037 1,414,303 37,211 535,523
96807 Recycling Van Acquisition 151,000 151,000 151,000 146,600 4,400
Sub-Total 3,747,885 3,747,885 3,747,885 2,501,703 38,521 1,207,661
513,583,569 522 372,807 2,246,125 524,577,932 319
29
Special Program Fund
Mid Year Budget Amendments
October 1, 2005 - March 31, 2006
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Safety Programs
Justice Assistance Grant FY 05-07 - Record
a $268.24 budget increase representing
$20.00 grant revenue increase and $248.24 in
interest revenue to match budgeted revenues
with actual revenues received. Grant was
established as $101,533.00 actual grant
99283 268.24 amount was $101,553.00. 268.24
Traffic Safety - Record a $65.00 budget
increase in donations to match budgeted
2 99290 65.00 revenues with actual revenues received. 65.00
Justice Assistance Grant FY 07-08 -
Establish a $66,807.00 budget representing a
Edward Byrne Memorial Justice Assistance
grant. The grant will be used to enter into a
contractual agreement with the YWCA of
Tampa Bay to administer Operaci6n Apoyo
Hispano, which consists of advocacy,
interpretation, translation of documents, and
crime prevention/education activities. These
contractual expenses will be spread over a
two year period of October 1, 2007 to
September 30, 2008. Approved Council
3 99299 66,807.00 Meeting March 2, 2006. 66,807.00
Police Volunteer Program - Record
$10,000.00 budget and actual transfers from
181-99356 Safe neighborhood Program. The
Police Volunteer Program is used to furnish
equipment and training for the Police
Department volunteers that augment the
Police Department sworn and non-sworn
4 99316 10,000.00 force. 10,000.00
Police Education Fund - Record a
$11,417.00 budget increase in Police
Education Fines to match budgeted revenues
5 99317 11,417.00 with actual revenues received. 11,417.00
Investigative Recovery Costs - Record a
$44,450.85 budget increase in court forfeiture
fees to match budgeted revenues with actual
6 99329 44,450.85 revenues received. 44,450.85
30
Special Program Fund
Mid Year Budget Amendments
October 1, 2005 - March 31, 2006
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Florida Contraband Forfeiture - Record a
$94,135.92 budget decrease representing
$96,151.16 increase in court forfeiture
proceeds and $9,712.92 in interest revenues
to match budgeted revenues with actual
revenues received along with $200,000.00
budget and actual decrease representing
transfers to 181-99331 Special Law
Enforcement Trust Fund. The transfers will
fund $100,000.00 into the Safe Neighborhood
category, $50,000.00 into the Technical
Equipment category and $50,000.00 into the
7 99330 105,864.08 (200,000.00) Matching Funds for Federal Grants. (94,135.92)
Special Law Enforcement Trust - Record
$75,000.00 budget and actual transfers
representing $200,000.00 budget and actual
transfers from 181-99330 Florida Contraband
Forfeitures offset by $125,000.00 budget and
actual transfers to 181-99356 Safe
Neighborhood Program. These funds will be
used for deterring crime, increasing public
perception of safety, and expanding public
communication. This will help provide a safe
atmosphere for both neighborhoods and
8 99331 75,000.00 individuals throughout Clearwater. 75,000.00
Vehicle Replacement Fund - Record
$9,580.00 budget and actual increases
representing a transfer from 181-99908
Outside Duty Program. These transfers
reflects an additional $10.00 charge per each
Outside Duty job that requires a police
vehicle. This fund has been established to set
aside money for the replacement of vehicles
for the Police Department's Take Home Car
9 99350 9,580.00 Plan. The source of revenue will vary. 9,580.00
Safe Neighborhood Program - Record
$25,000.00 budget and actual transfers
representing a $125,000.00 budget and actual
transfers from 181-99331 Special Law
Enforcement Trust offset by budget and actual
transfers as follows: $80,000.00 to 181-99947
Safe Neighborhood TV Specialist Program,
$10,000.00 to 181-99364 Crime Prevention
Fund and $10,000.00 to 181-99316 Police
Volunteer Program. This will help provide a
safe atmosphere for both neighborhoods and
10 99356 25,000.00 individuals throughout Clearwater. 25,000.00
31
Special Program Fund
Mid Year Budget Amendments
October 1, 2005 - March 31, 2006
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Crime Prevention Fund - Record $10,075.00
budget increase representing $10,000.00
budget and actual transfers from 181-99356
Safe Neighborhood Program along with a
$75.00 budget increase in Other Refunds
representing a rebate to match budgeted
revenues with actual revenues received. The
Crime Prevention Fund is used to promote
crime prevention awareness through
11 99364 75.00 10,000.00 community outreach and training. 10,075.00
Federal Forfeiture Sharing - Record a
$12,603.13 budget increase in federal
forfeiture revenue from the Department of
Justice to match budgeted revenues with
12 99387 12,603.13 actual revenues received. 12,603.13
Safe Neighborhood TV Specialist Program -
Record $80,000.00 budget and actual
transfers from 181-99356 Safe Neighborhood
Program. The Safe Neighborhood TV
Specialist Program utilizes community
outreach with its monthly television program
and internet capabilities to promote a Safe
13 99947 80,000.00 Neighborhood. 80,000.00
Public Safety Program
Totals: 241,550.30 9,580.00 251,130.30
Marine:
14
99704
16,244.88
Sembler Mitigation Project - Record a
$16,244.88 budget increase in interest
revenue to match budgeted revenues with
actual revenues received.
16,244.88
15
99707
185.00
Beach Guard Donations - Record a $185.00
budget increase in donations to match
budgeted revenues with actual revenues
received.
185.00
Marine Programs
Total:
16,429.88
16,429.88
32
Special Program Fund
Mid Year Budget Amendments
October 1, 2005 - March 31, 2006
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Miscellaneous Programs:
Special Events YR 03-04 - Record a
$668,415.54 budget increase representing
$622,509.18 in sales, $16,617.33 in
donations, $1,000.00 in sponsorships,
$1,300.00 in memberships registrations,
$9,036.55 in Parks & Recreation Services,
$13,430.00 in Transfer from Downtown
Development Board and $4,522.48 in rentals
to match budgeted revenues with actual
16 99838 668,415.54 revenues received. 668,415.54
State Brownfield Redevelopment - Record a
$1,067.43 budget increase in interest to
match budgeted revenues with actual
17 99871 1,067.43 revenues received. 1,067.43
Teen Club - Record a $102.28 budget
increase in donations to match budgeted
18 99889 102.28 revenues with actual revenues received. 102.28
Police - Outside Duty - Record a
$149,113.50 increase representing
$158,693.50 in contractual services to match
budgeted revenues with actual revenues
received along with a $9,580.00 budget and
actual transfers to 181-99350 Vehicle
Replacement Fund. The transfer to 181-
99350 Vehicle Replacement is the portion
from the Extra Duty program that will be used
19 99908 158,693.50 (9,580.00) to fund replacement Police vehicles. 149,113.50
Library Special Account - Record a
$31,941.73 budget increase in donations to
match budgeted revenues with actual
20 99910 31,941.73 revenues. 31,941.73
Emergency Operations - Record a
$14,429.69 budget increase in FEMA
reimbursement for hurricanes to match
budgeted revenues with actual revenues
21 99927 14,429.69 received. 14,429.69
Park & Recreation Specified & Gift
Program - Record a $22,626.71 budget
increase representing $26,376.71 increase in
donations offset by a $3,750.00 decrease in
grant revenue to match budgeted revenues
22 99962 22,626.71 with actual revenues received. 22,626.71
Economic Development Incentive - Record
$5,320.60 budget increase in interest
revenues to match budgeted revenues with
23 99963 5,320.60 actual revenues. 5,320.60
33
Amdmt
Number
24
25
26
27
Increase/
Project (Decrease)
Number Amount
99970 25,604.00
99978
99982
99998
Miscellaneous Programs
Total:
Grand
Totals:
381.51
5,200.00
25.00
933,807.99
1,191,788.17
Special Program Fund
Mid Year Budget Amendments
October 1, 2005 - March 31, 2006
Intrafund
Transfer
(9,580.00)
Amount Description
Tree Replacement Program - Record
$25,604.00 budget increase in fines to match
budgeted revenues with actual revenues
received.
Mainstreet Program - Record a $381.51
budget increase in interest revenues to match
budgeted revenues with actual revenues.
EMS Incentive/Recognition - Record a
budget increase of $5,200.00 representing
funds received from Pinellas County paid to
the Fire Department for EMS Services for
performing above standards as outlined in the
County EMS contract.
Safety Village - Record $25.00 budget
increase in donations to match budgeted
revenues with actual revenues received.
34
Net Budget
Amendment
25,604.00
381.51
5,200.00
25.00
924,227.99
1,191,788.17
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1,2005 to March 31,2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2005 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99128 Countrywide Consistency Grant 45,050 45,050 45,050 33,910 11,140
99141 Historic District Evaluation 40,000 40,000 40,000 18,438 21,562
99142 Design Review 10,000 10,000 10,000 10,000
99143 Enclave Annexation 15,000 15,000 15,000 15,000
Sub-Total 110,050 110,050 110,050 52,348 57,702
PUBLIC SAFETY PROGRAMS
99279 Police Recruitments 50,000 50,000 50,000
99280 Americorps Clearwater 2006 228,356 228,356 35,740 192,616
99281 Fed Forfeitures - Treasury 71,362 71,362 15,771 11,735 43,856
99282 COPS Technology 2005 246,661 246,661 246,661
99283 Justice Assistance Grant FY05-07 101,533 268 101,801 19,345 82,456
99284 BeachWalk Police Aides 50,000 50,000 50,000 50,000
99286 COPS 2004 Technology 692,634 692,634 692,634 692,634
99287 Local Law Enforcement Block Grant 2005 76,615 76,701 76,701 76,701 0 C
99288 Operacion Apoyo Hispano 2005 98,000 98,000 98,000 98,000 C
99289 Downtown Ambassadors 3,000 3,000 3,000 3,000
99290 Traffic Safety 1,330 1,736 65 1,801 1,183 618 2
99291 COPS Homeland Security 333,246 333,246 333,246 333,246 C
99295 Jasmine Courts 200,000 186,236 186,236 186,236 C
99296 Violent Crime & Drug Control 45,000 45,000 45,000 45,000 C
99299 Justice Assistance Grant FY07-08 66,807 66,807 66,807 3
99310 K-9 Equipment 19,258 26,758 26,758 24,364 2,394
99316 Police Volunteers 64,500 64,500 10,000 74,500 59,384 216 14,900 4
99317 Police Education Fund 930,609 950,228 11,417 961,645 849,311 7,591 104,743 5
99323 Weed & Seed 2001 175,000 170,907 170,907 170,907 C
99325 Citizen's Police Academy 34,113 34,113 34,113 25,477 8,636
99329 Investigative Recovery Costs 1,275,119 1,284,738 44,451 1 ,329,189 942,392 3,551 383,246 6
99330 FL Contraband Forfeiture Fnd 494,998 650,672 (94,136) 556,536 430,534 126,002 7
99331 Law Enforcement Trust Fd 2,163,404 2,106,753 75,000 2,181,753 1 ,972,036 209,718 8
99332 Officer Friendly Program 1 27,555 137,958 137,958 128,672 9,286
99350 Vehicle Replacement Fund 38,290 44,810 9,580 54,390 54,390 9
99353 DUI Education Program 3,000 3,000 3,000 1,420 1,580
99354 Law Enforcement 178,159 178,935 178,935 178,935 0 C
99356 Safe Neighborhood Program 235,645 236,645 25,000 261,645 180,958 80,687 10
99363 DUI Equipment Fund 19,000 19,000 19,000 18,889 111
99364 Crime Prevention Program 8,345 10,545 10,075 20,620 4,052 16,568 11
99387 Federal Forfeiture Sharing 277,133 363,403 12,603 376,007 275,339 100,667 12
99489 Americops 514,745 514,745 514,745 422,795 91,950
99938 Homeless Shelter 1,137,181 1 ,159,280 1,159,280 1 ,059,280 100,001
99947 Safe Neighborhood TV Specialist 398,647 398,647 80,000 478,647 389,969 88,678 13
9,594,527 10,540,103 251,130 10,791 ,234 7,945,935 23,094 2,822,205
COMMUNITY DEVELOPMENT
99402 Economic Development 2003 44,366 44,366 44,366 44,366
99403 Housing Rehab 2003 100,233 100,233 100,233 100,233 0
99405 Public Facilities & Improvements 2003 441 ,238 441 ,238 441 ,238 432,862 12 8,363
99406 Public Services 2003 241,165 241,165 241,165 241,165
99407 Program Admin 2003 176,836 176,836 176,836 176,836
99411 Economic Development 2004 424,209 424,209 424,209 63,306 500 360,403
99412 Housing Rehab 2004 116,234 116,234 116,234 41,642 74,592
99413 Infill Housing 2004 235,914 235,914 235,914 (32,352) 268,266
99414 Public Fac & Imprvmts 2004 815,648 815,648 815,648 725,687 43,092 46,869
99415 Public Services 2004 174,142 174,142 174,142 166,529 7,613 0
99416 Program Administration 2004 328,252 328,252 328,252 1 57,482 170,770
99417 Fair Housing 2004 22,510 22,510 22,510 9,202 13,307
99418 Relocation 2004 45,177 45,177 45,177 45,177
99419 Demolition 2004 41,712 41,712 41,712 14,268 27,444
99420 Economic Development 2005 142,205 142,205 142,205 40,116 10,530 91,559
99421 Housing Consulting Service 115,000 115,000 115,000 38,576 76,424
99422 Housing Rehab 2005 186,985 186,985 186,985 123,160 63,825
99423 Infill Housing 2005 500 500 500 1,812 (1,312)
99424 Public Fac & Imprvmts 2005 302,848 302,848 302,848 139,900 75,746 87,203
99425 Public Svces 2005 171 ,450 171 ,450 171 ,450 155,323 16,127
99426 Program Admin 2005 215,997 215,997 215,997 165,651 50,346
99427 Fair Housing 2005 10,000 10,000 10,000 10,000
99428 Relocation & Demolition 50,000 50,000 50,000 50,000
99433 Infill Housing '97 561 ,486 561 ,486 561 ,486 561 ,486
35
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1,2005 to March 31,2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2005 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
99451 PublicServices 2006 161,998 161,998 161,998 40,315 121,683
99452 Public Facilities 2006 411,990 411,990 411,990 116,250 295,740
99453 Economic Development 2006 30,000 30,000 30,000 13,977 16,023
99454 Housing Rehab 2006 200,000 200,000 200,000 43,969 156,031
99455 Program Administration 2006 200,097 200,097 200,097 90,805 109,292
99456 Fair Housing 2006 15,900 15,900 15,900 15,900
99457 Relocation/Demolition 50,000 50,000 50,000 50,000
99458 Infill Housing 2006 10,000 10,000 10,000 4,868 5,132
99651 Economic Development 99,853 99,853 99,853 99,853 0
99652 Housing Rehabilitation 54,824 54,825 54,824 54,824
99653 Infill Housing '98 209,815 209,815 209,815 209,815 0
99662 Housing Rehabilitation '99 38,146 38,146 38,146 38,146
99663 Home Ownership '99 101,243 101,243 101,243 101,243
99670 Housing Relocation 2000 7,568 7,568 7,568 7,568
99672 Housing Rehabilitation 2000 122,251 122,251 122,251 122,251 0
99676 Program Administration 2000 194,547 194,547 194,547 194,547 1
99678 Demolition 2000 9,565 9,565 9,565 9,565 0
99681 Economic Dvlopmt 2001 180,501 180,501 180,501 180,501
99684 Public Facilities & Imprmts 2001 386,459 386,459 386,459 386,459 0
99685 Public Svces 2001 1 35,424 1 35,424 1 35,424 1 35,424 0
99686 Program Administration 2002 200,514 200,514 200,514 200,514
99690 Economic Development 2002 260,703 260,703 260,703 225,703 35,000
99693 Public Fac & Improvements 290,934 290,934 290,934 1 73,484 117,450
99694 Public Services 2002 190,158 190,158 190,158 190,158
99695 Program Adm 2002 215,708 215,708 215,708 215,708
99696 Fair Housing 2002 22,429 22,429 22,429 22,429
8,764,735 8,764,734 8,764,735 6,074,547 407,452 2,282,735
SOCIAL SERVICES
99538 Affordable Housing Imp Fees 432,676 432,676 432,676 132,236 300,440
99557 Code Enforcement-N Grnwd '96 66,488 C
99562 HUD Special Education 30,000 30,000 30,000 25,500 4,500
Sub-Total 529,164 462,676 462,676 157,736 304,938
MARINE
99704 Sembler Mitigation Project 549,858 549,858 16,245 566,103 49,360 91,006 425,736 14
99707 Beach Guard Donations 36,553 40,973 185 41,158 38,198 2,960 15
99710 CLW Marine Aquarium Improvements 50,000 48,519 48,519 48,519 C
Sub-Total 636,411 639,351 16,430 655,780 136,077 91,006 428,697
MISCELLANEOUS PROGRAMS
99802 Brownfield Revolving Loan 500,000 500,000 500,000 64,449 6,235 429,317
99804 City Manager's Flexibility Fund 567,332 567,332 567,332 395,353 56,361 115,618
99822 JWB-Norton Teen 2001 139,029 1 77 ,280 1 77 ,280 158,379 18,901
99827 United Way 2002 1,500 1,500 1,500 1,420 80
99828 Vulnerability Assessment 115,000 33,047 33,047 33,047 0 C
99830 Clearwater Pedestrian/Bicycle Coordinator 135,108 135,108 135,108 119,819 15,289
99834 Neighborhood Svces Grants 100,000 100,000 100,000 55,842 44,158
99835 JWB Programmer N. Greenwood 82,549 120,606 120,606 102,591 18,015
99837 Federal EPA Assessment 400,000 400,000 400,000 266,576 69,796 63,628
99838 Special Events FY 03-04 2,337,689 2,841,673 668,416 3,510,088 3,201,994 183,616 124,478 16
99843 Mgt Training Initiatives 421,547 421,547 421,547 241,171 9,570 170,806
99844 United Way 3,000 3,000 3,000 542 2,458
99845 Assistance to Firefighters Grant Program 418,925 418,925 418,925 216,513 64,774 137,637
99846 Economic Development - OTI 72,970 72,970 72,970 5,000 67,970
99847 JWB - Wood Valley Teens 31,572 64,048 64,048 43,786 20,262
99871 State Brownfields Redevelopment Account 143,297 145,003 1,067 146,070 46,150 1,126 98,794 17
99885 Clearwater Auto Site 350,000 350,000 39,749 99,766 210,485
99889 Teen Club 1,482 102 1,584 607 976 18
99890 Cultural Art Festival 13,081 13,081 13,081 13,081
99891 Natl Strategies for Advancing Bike 50,000 50,000 50,000 50,000 C
99892 Pinellas County Recycling 58,691 118,747 118,747 59,318 59,429
99893 JWB - N. Greenwood Teen 2005 82,500 111,648 111,648 51,724 59,924
99894 JWB - Ross Norton Teen 2005 33,000 114,907 114,907 22,792 92,115
99898 Fire Dept Honor Guard 4,975 7,525 7,525 3,339 4,186
99899 GASB34 Implementation 238,000 238,000 238,000 10,633 24,605 202,762
99903 FROG Reissue Program 10,697 7,989 7,989 7,989 0 C
36
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1,2005 to March 31,2006
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2005 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
99908 Police - Outside Duty 2,619,353 2,834,120 149,114 2,983,234 3,119,896 (136,663) 19
99910 Library Special Account 407,328 428,445 31,942 460,387 345,554 606 114,227 20
99919 Waste Tire Grant 364,607 364,607 364,607 364,607 0 C
99925 Peg Access Su pport 709,898 729,898 729,898 652,881 1,453 75,564
99927 Emergency Operation 3,110,668 3,110,668 14,430 3,125,098 2,576,361 548,737 21
99928 Nagano Sister City Program 61,329 66,329 66,329 58,785 7,544
99931 Folk Art Festival 119,601 119,601 119,601 119,601 0
99939 Brownfield - Federal 500,000 500,000 500,000 446,213 7,868 45,920
99941 Moccasin Lake Nature Park 97,920 92,643 92,643 92,643 C
99950 lOB Fees 54,131 54,131 54,131 32,830 21,301
99962 Parks & Rec Gift Giving Pgm 1,206,893 1 ,243,429 22,627 1 ,266,056 1 ,246,099 19,957 22
99963 Economic Development Incentive Prgm 188,237 188,237 5,321 193,558 52,608 140,950 23
99966 Integrated Disability Mgmt Assmnt & Impl 80,000 80,000 80,000 40,000 40,000
99968 Cleveland Street Maintenance 59,000 59,000 59,000 30,003 28,997
99970 Tree Replacement Project 628,766 679,910 25,604 705,514 479,972 69,998 155,544 24
99978 Mainstreet Program 12,573 12,573 382 12,955 12,955 25
99979 Historical Facade Program 80,956 160,956 160,956 86,074 74,882
99982 EMS Incentive/Recognition 35,925 35,925 5,200 41,125 26,602 14,522 26
99983 Local Mitigation Strategy 50,000 50,000 50,000 41,375 8,625
99986 Mediterranean Village 468,264 532,224 532,224 266,557 53,665 212,001
99988 Increment Revenue - IMR 302,402 302,402 302,402 302,402
99995 Water Conservation Devices 100,000 100,000 100,000 79,387 20,614
99997 Main Library Field Trust 115,571 115,571 115,571 115,571
99998 Safety Village 24,766 25,116 25 25,141 21,336 3,805 27
17,358,652 18,901 ,204 924,228 19,825,432 15,378,165 649,440 3,797,826
TOTAL ALL PROJECTS 36,993,539 39,418,117 1,191,788 40,609,906 29,744,809 1 ,170,993 9,694,103
37
Revenues
Transfer from Capital Improvement Fund
Appropriation of Undesignated Reserves
Expenditures
Transfer to Capital Improvement Fund
City of Clearwater
SPEaAL DEVELOPMENT FUND
Mid Year
FY 2005/06
Increase/
(Decrease) Description
Mid year amendments reflect the return of
$148,418.96 of Penny for Pinellas funds from project 315
93487, Fishing Piers. This project is complete and these
148,419 funds are no longer needed.
Mid Year amendments reflect the allocation of
revenues to the Capital Improvement Fund totaling
$1,200,583.61, including the following amendments: 1)
The first amendment allocates $630,157.61 in Penny for
Pinellas revenue to capital project 315-92269, Downtown
Streetscape. This amendment was approved by the City
Council on 4/20/2006. 2) The second amendment
allocates $225,000 of Penny for Pinellas revenue to
capital project 315-93252, EC Moore East Batting
Tunnel. This was approved by the City Council on
3/2/2006. 3) The final amendment reflects the allocation
of $345,426 of undesignated Special Development Fund
revenue to capital project 315-93405, Downtown Boat
Slips. This amendment was approved by the City
1,200,584 Council on 3/16/2006.
$ 1,349,003 Net Revenue Amendments
Mid Year amendments reflect the allocation of
revenues to the Capital Improvement Fund totaling
$1,200,583.61, including the following amendments: 1)
The first amendment allocates $630,157.61 in Penny for
Pinellas revenue to capital project 315-92269, Downtown
Streetscape. This amendment was approved by the City
Council on 4/20/2006. 2) The second amendment
allocates $225,000 of Penny for Pinellas revenue to
capital project 315-93252, EC Moore East Batting
Tunnel. This was approved by the City Council on
3/2/2006. 3) The final amendment reflects the allocation
of $345,426 of undesignated Special Development Fund
revenue to capital project 315-93405, Downtown Boat
Slips. This amendment was approved by the City
1,200,584 Council on 3/16/2006.
$ 1,200,584 Net Expenditure Amendments
38
SPECIAL REVENUE FUNDS
Mid Year: October 1, 2005 - March 31, 2006
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2005/06 2005/06 2005/06 Amendments
SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes 2,864,740 2,864,740 2,864,740
I nfrastructu re Tax 10,406,000 10,406,000 10,406,000
County Reimbursement - Fire Tax 113,650 113,650 113,650
Interest Earnings 250,000 250,000 250,000
Open Space Fees 132,560 132,560 132,560
Recreation Facility Impact Fees 50,000 50,000 50,000
Recreation land Impact Fees 150,000 150,000 150,000
Transportation Impact 290,980 290,980 290,980
local Option Gas Tax 936,330 936,330 936,330
Appropriation of Designated Reserves 5,300,150 5,300,150 6,500,734 1,200,584
Appropriation of Undesignated Reserves 0 301,462 449,881 148,419
Transfer-In from Capital Improvement Plan 0 2,606,302 2,606,302
20,494,410 23,402,174 24,751,177 1 ,349,003
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 2,629,000 2,629,000 2,629,000
I nfrastructu re Tax 8,960,000 8,960,000 9,815,158 855,158
Transportation Impact fees 290,000 290,000 290,000
Open Space Impact fees 0 120,000 120,000
Recreation Facility Impact fees 0 88,962 88,962
Recreation land Impact fees 0 63,500 63,500
local Option Gas Tax 1,019,000 1,048,000 1,048,000
Undesignated Special Development Fund 0 0 345,426 345,426
Transfer to Special Program Fund 0 0 0
Debt Service on Penny for Pinellas Bonds 6,899,220 6,899,220 6,899,220
19,797,220 20,098,682 21 ,299,266 1 ,200,584
39
SPECIAL REVENUE FUNDS
Mid Year: October 1, 2005 - March 31, 2006
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2005/06 2005/06 2005/06 Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG Grant 1,079,985 1,079,985 1,079,985
Home Funds 577,115 577,115 577,115
Grant Funds 0 670,019 738,296 68,277
Police Fines and Court Proceeds 0 413,688 603,914 190,226
Donations 0 143,856 219,169 75,313
Sales 0 319,027 941 ,536 622,509
Rentals 0 38,813 43,336 4,522
Sponsorships 0 113,081 114,081 1,000
Membersh ips/Reg istrations 0 -10,850 -9,550 1,300
Contractual Services 0 221,287 379,981 158,694
Interest Earnings 100,000 102,4 77 135,453 32,976
Downtown Development Board 0 0 13,430 13,430
Parks & Recreation Services 0 0 9,037 9,037
General Fund 0 -39,389 -39,389
Other Refunds 0 35 110 75
FEMA Reimbursement 0 0 14,430 14,430
Community Redevelopment Agency 0 493,960 493,960
Recycling Fund 0 60,056 60,056
Marine and Aviation Fund -1,481 -1,481
Transfers from General Fund
United Way Program 1,500 1,500 1,500
Sister City Program 3,000 3,000 3,000
City Manager's Flexibility Fund 100,000 100,000 100,000
Special Event Funding 75,000 75,000 75,000
Homeless Shelter Program 100,000 100,000 100,000
Neighborhood Grants 25,000 25,000 25,000
AmeriCorp COPS - Matching Funds 0 0 0
GASB #34 Consulting Requirement 50,000 50,000 50,000
2,111 ,600 4,536,178 5,727,966 1,191,788
Expenditures:
CDBG Grant 1,079,985 1,079,985 1,079,985
Home Program 577,115 577,115 577,115
Public Safety 0 1,140,795 1,541,038 400,244
Social Services 0 -66,488 -66,488
Marine 0 2,939 19,369 16,430
Community Redevelopment 493,960 493,960
Parks & Recreation 270,987 303,031 32,044
Sister City Program 3,000 3,000 3,000
Emergency Operations 0 14,430 14,430
United Way Program Fund 1,500 1,500 1,500
City Manager's Flexibility Fund 100,000 100,000 100,000
Neighborhood Grants 25,000 25,000 25,000
Special Event Funding 75,000 578,984 1,270,026 691,042
Homeless Shelter Program 100,000 122,099 122,099
GASB #34 Consulting Requirement 50,000 50,000 50,000
Other Miscellaneous Programs 56,303 93,901 37,599
2,011,600 4,436,178 5,627,966 1,191,788
40
SPECIAL REVENUE FUNDS
Mid Year: October 1,2005 - March 31,2006
Original
Budget
2005/06
First Quarter Mid Year
Amended Budget Amended Budget
2005/06 2005/06 Amendments
LOCAL HOUSING ASSISTANCE TRUST FUND
Revenues:
SHIP Funds
Expenditures:
SHIP Program
820,1 00
820,1 00
820,1 00
820,100
820,1 00
820,100
820,1 00
820,100
820,1 00
41
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2005/06
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change order have been administratively approved since the last report to the Council based on the code
specified criteria:
02/22/06
02/22/06
03/27/06
03/29/06
04/04/06
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in anyone change or
cumulatively for the same project.
*****
Administrative Change Order #1 and Final - General Services Storage Building
Contract (#04-0024-GS). This final change order is for the purpose of returning
unused funds and reducing the contract amount by ($19,420.40) to $309,253.00,
that was actually spent.
R. Krueger Construction Co. Inc.
-$19,420.40
Administrative Change Order #1 and Final - Kapok Wetland and Floodplain
Restoration (99-0085-EN). This final change order will add certain items required
to complete the project, and decrease the contingency allowance. The total
change equals a decrease of ($72,122.86) for a new contract amount of
$4,524,778.37.
Johnson Bros. Corporation
-$72,122.86
Administrative Change Order #1 and Final - Pump Station 15 & 25
Refurbishment (01-0060-UT). This is a reduction of the unused 10% contingency
and testing items, and construction of a more efficient manhole method, and
minor additions due to requests from the Utilities Department. This change order
is for contract closeout purposes. This final change order decreases the contract
amount by ($65,699.00) for a new contract total of $659,671.00.
TLC Diversified, Inc.
-$65,699.00
Administrative Change Order #2 and Final - Kapok Wetland and Floodplain
Restoration(99-0085-EN). This change order reduces the contract amount to
reflect quantities actual used to complete this project. This change decreases the
contract amount by ($5,516.52) for a new contract amount of $4,519,261.85.
Johnson Bros. Corp.
-$5,516.52
Administrative Change Order #2 - Stevenson Creek Water Main Replacement
Project (04-0037-UT). This change order is needed to pay for additional MOT
that was needed and for the installation of a 4" water main in the Lawn Bowling
Park. This change increases the contract amount by $9,259.42 for a new contract
amount of $657,829.32.
A&L Underground, Inc.
$9,259.42
42
04/03/06
04/26/06
04/20/06
05/15/06
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2005/06
Administrative Change Order #1 - Traffic Operations Storage Building (05-
OOlO-EN). This change order decreases the contract amount by ($13,005.00) for a
new contract total of $292,627.80. This is a reduction to the fire protection bid
item for the design and construction of a pre-engineered storage building.
Grosz & Stamper Construction
Administrative Change Order #2 - Northeast APCF Filter Rehabilitation &
Marshall ST. APCF Blower Replacement Project (03-006-UT). This change
order is to move $197,206.77 from the Northeast Plant Code 'B' to the Marshall
Plant Code 'A'. There is no net change to the contract. This change order
provides funds for additional work at the Marshall Street Plant to demolish and
install a new generator needed to properly support the new MCC.
TLC Diversified, Inc.
Administrative Change Order #3 & Final - Mandalay Channel Pedestrian
Bridge Utility Relocation Project (03-0047-UT). This change order decreases the
contract amount by ($22,075.68) for a new contract total of $941,794.92. This
change is needed to close out this project and return unused funds.
Akerman Construction Company, Inc.
Administrative Change Order #1 & Final - WPC Equipment Corrosion Control
(05-0045-UT). This change order decreases the contract amount by ($1,700) for a
new contract total of $130,300. This change is needed to close out this project
and return unused funds.
M.B.E., Inc.
43
-$13,005.00
$0
-$22,075.68
-$1,700
ORDINANCE NO. 7652-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2006 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORM
WATER FUND, SOLID WASTE FUND, GAS FUND,
RECYCLING FUND, GENERAL SERVICES FUND, GARAGE
FUND AND CENTRAL INSURANCE FUND, AS PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2006, for operating
purposes, including debt service, was adopted by Ordinance No. 7497-05; and
WHEREAS, at the Mid Year Review it was found that increases and decreases are
necessary in the total amount of $3,678,801 for revenues and $3,825,722 for expenditures;
and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SAction 1. Section 1 of Ordinance No. 7497-05 is amended to read:
Pursuant to the AmAnnAn City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2005 and ending September 30, 2006 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
rlmAnnAn budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
SAction 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:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
44
Ordinance No. 7652-06
EXHIBIT A
2005-06 BUDGET REVENUE
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
General Fund:
Property Taxes 44,878,180 44,878,180 44,878,180
Franchise Fees 7,792,130 7,902,130 7,902,130
Utility Taxes 10,810,200 10,810,200 10,810,200
Licenses, Permits & Fees 4,015,000 4,015,000 4,015,000
Sales Tax 6,325,000 6,325,000 6,325,000
Communications Services Tax 6,547,070 6,547,070 6,547,070
Intergovernmental Revenues 10,010,270 10,010,270 10,010,270
Charges for Current Services 3,674,870 3,772,570 3,762,200 -10,370
Fines & Forfeitures 828,000 828,000 842,000 14,000
Interest Income 529,000 529,000 529,000
Miscellaneous Revenues 1,146,540 1,041,540 1,041,540
Interfund Charges/Transfers In 14,843,650 14,850,412 14,887,912 37,500
Transfer from Surplus 0 102,526 160,026 57,500
Total, General Fund 111,399,910 111,611,899 111,710,529 98,630
Special Revenue Funds:
Special Development 20,494,410 23,402,174 24,751,177 1,349,003
Special Program Fund 2,111,600 4,536,178 5,727,966 1,191,788
Local Housing Asst Trust Fund 820,100 820,100 820,100
Utility & Other Enterprise Funds:
Water & Sewer Fund 51,781,310 51,781,310 51,781,310
Stormwater Utility Fund 11,531,030 11,531,030 11,531,030
Solid Waste Fund 17,298,140 18,317,157 18,365,957 48,800
Gas Fund 42,062,990 48,337,940 48,337,940
Recycling Fund 2,557,900 2,657,956 2,708,956 51,000
Marine and Aviation Fund 3,850,400 3,850,400 3,850,400
Parking Fund 4,782,260 4,723,084 4,723,084
Harborview Center Fund 2,211,770 692,150 692,150
Internal Service Funds:
Administrative Services Fund 9,106,290 9,106,290 9,106,290
General Services Fund 4,117,710 4,117,710 4,124,710 7,000
Garage Fund 11,330,890 11,803,148 11,901,538 98,390
Central Insurance Fund 19,759,210 20,150,693 20,984,883 834,190
Total, All Funds 315,215,920 327,439,219 331,118,020 3,678,801
Ordinance #7652-06
45
EXHIBIT A (Continued)
2005-06 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
General Fund:
City Council 297,300 299,540 299,540
City Manager's Office 1,125,050 1,075,050 1,075,050
City Attorney's Office 1,505,800 1,505,800 1,580,800 75,000
City Audit 145,960 145,960 145,960
Development & Neighborhood Svcs 3,837,330 3,912,330 3,912,330
Economic Development & Housing SV( 1,397,330 1,397,330 1,417,330 20,000
Equity Services 348,330 348,330 348,330
Finance 2,157,900 2,157,900 2,157,900
Fire 20,658,540 20,658,540 20,658,540
Human Resources 1,207,690 1,207,690 1,207,690
Library 6,081,950 6,069,158 6,083,158 14,000
Marine & Aviation 502,830 502,830 482,830 -20,000
Non-Departmental 4,671,660 4,703,759 4,703,759
Office of Management & Budget 315,680 315,680 315,680
Official Records & Legislative Svcs 1,250,160 1,250,160 1,250,160
Parks & Recreation 20,088,080 20,240,730 20,250,360 9,630
Planning 1,484,330 1,484,330 1,484,330
Police 33,243,510 33,243,510 33,243,510
Public Communications 976,400 989,192 989,192
Public Works Administration 10,104,080 10,104,080 10,104,080
Total, General Fund 111,399,910 111,611,899 111,710,529 98,630
Special Revenue Funds:
Special Development Fund 19,797,220 20,098,682 21,299,266 1,200,584
Special Program Fund 2,011,600 4,436,178 5,627,966 1,191,788
Local Housing Asst Trust Fund 820,100 820,100 820,100
Utility & Other Enterprise Funds:
Water & Sewer Fund 49,847,580 49,847,580 49,847,580
Stormwater Utility Fund 11,398,620 11,398,620 11,323,620 -75,000
Solid Waste Fund 17,298,140 17,298,140 17,346,940 48,800
Gas Fund 40,533,050 46,615,660 47,012,970 397,310
Recycling Fund 2,557,020 2,647,076 2,672,236 25,160
Marine and Aviation Fund 3,601,820 3,601,820 3,601,820
Parking Fund 4,609,970 4,513,470 4,513,470
Harborview Center Fund 2,211,770 692,150 692,150
Internal Service Funds:
Administrative Services Fund 9,053,370 9,053,370 9,053,370
General Services Fund 4,1 04,120 4,1 04,120 4,111 ,120 7,000
Garage Fund 11,330,890 11,793,148 11,890,408 97,260
Central Insurance Fund 18,737,140 19,128,623 19,962,813 834,190
Total, All Funds 309,312,320 317,660,636 321,486,358 3,825,722
Ordinance #7652-06
46
ORDINANCE NO. 7653-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2006, TO REFLECT A NET INCREASE OF $2,246,125
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2006 was adopted by Ordinance No.7 498-05; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7498-05 is amended to read:
Pursuant to the Mid Ye;:u Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2005 and ending September 30, 2006, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Ye;:u Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
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:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance #7653-06
47
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
Fire Protection 6,409,610 6,398,214 6,398,214
New Street Construction 500,000 500,000
Major Street Maintenance 4,543,740 19,947,308 24,349,397 4,402,089
Sidewalks and Bike Trails 16,620 16,620
Intersections 485,000 514,000 (446,433) (960,433)
Parking 300,000 262,676 262,676
Miscellaneous Engineering 43,535 43,535
Leisure/Land Acquisition 383,500 383,500
Park Development 3,101,000 (3,105,038) (2,695,038) 410,000
Marine Facilities 1,220,000 1,263,492 1,491,249 227,757
Airpark Facilities 10,000 (436) 13,910 14,346
Libraries 571,490 570,633 608,133 37,500
Garage 4,424,100 4,886,358 4,978,793 92,435
Maintenance of Buildings 1,001,000 1,001,000 816,000 (185,000)
General Public Buildings & Equipment 135,000
Miscellaneous 1,117,500 1,100,964 1,105,278 4,314
Stormwater Utility 8,554,580 7,931,697 6,698,213 (1,233,484)
Gas System 5,110,000 5,145,745 5,145,745
Solid Waste 548,500 548,500 548,500
Utilities Miscellaneous 269,000 267,935 42,935 (225,000)
Sewer System 8,706,100 8,215,700 8,351,021 135,321
Water System 7,945,340 7,365,415 6,875,076 (490,340)
Recycling 150,000 150,000 150,000
TOTAL 54,601,960 63,391,199 65,637,324 2,246,125
48
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
GENERAL SOURCES:
General Operating Revenue 2,297,610 2,360,228 2,322,728 (37,500)
General Revenue/County Co-op 571,490 571,490 571,490
Special Development Fund (2,500,000) (2,154,574) 345,426
Community Redevelopment Agency 784,450 784,450
Road Mileage 2,864,740 2,864,740 2,864,740
Recreation Facility Impact Fee 88,962 88,962
Recreation Land Impact Fee 63,500 63,500
Open Space Impact Fee 120,000 120,000
Penny for Pinellas 8,960,000 8,920,206 9,626,945 706,739
Transportation Impact Fees 290,000 223,492 223,492
Local Option Gas Tax 1,019,000 1,048,000 1,048,000
Special Program Fund 150,000 150,000 150,000
Grants - Other Agencies 604,500 (5,170,936) (5,100,031 ) 70,905
Contri butions 500,000 500,000 500,000
Donations (15,000) (15,000)
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 235,000 235,000 235,000
Parking Revenue 310,000 272,676 272,676
Harbor view Revenue 100,000 100,000 100,000
Utility System:
Water Revenue 373,390 373,390 373,390
Sewer Revenue 940,200 940,200 940,200
Water Impact Fees 250,000 250,000 250,000
Water R & R 1,126,740 1,126,740 1,126,740
Sewer Impact Fees 280,000 280,000 280,000
Sewer R&R 1,190,700 1,190,700 1,190,700
Storm water Utility 1,698,870 1,698,870 1,623,870 (75,000)
Gas Revenue 5,120,000 5,120,000 5,120,000
Solid Waste Revenue 60,000 (959,017) (959,017)
Recycling Revenue 30,000 30,000 30,000
Grants 1,612,000 1,952,426 1,966,772 14,347
Property Owner's Share 35,745 35,745
Other Governmental 119,941 119,941
INTERNAL SERVICE FUNDS:
Garage Fund 177,100 629,358 628,228 (1,130)
Administrative Services Fund 350,000 350,000 385,500 35,500
General Services Fund 20,000 20,000 20,000
Central Insurance Fund 849,184 849,184
49
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 286,000 258,571 258,571
Improvement Revenue Bond 14,000,000 14,000,000
Penny for Pinellas Bond
SELF-SUPPORTING FUNDS:
Lease Purchase - Parking
Lease Purchase - Water 278,000 278,000 278,000
Lease Purchase - Solid Waste 488,500 488,500 488,500
Lease Purchase - Recycling 120,000 120,000 120,000
Bond Issue - Water & Sewer 12,400,410 13,397,876 13,397,876
Bond Issue - Stormwater 5,324,710 6,608,107 6,778,443 170,336
INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 4,302,000 4,302,000 4,395,564 93,564
Lease Purchase - Administrative Sacs 160,000 156,925 125,739 (31,186)
Lease Purchase - General Services 111,000 111,000 111,000
TOTAL ALL FUNDING SOURCES: 54,601,960 63,391,199 65,637,324 2,246,125
50
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Resolution 06-38 approving the Gas Supply Agreement 2 with Florida Gas Utility and necessary
documents to accomplish same.
SUMMARY:
The purpose of this agenda item is to approve a gas supply agreement with Florida Gas Utility (FGU)
allowing Clearwater to participate in the Gas Supply Acquisition Project 2 (GSAP 2), which consists of pre-
purchasing a 20-year supply of natural gas at a discounted price relative to the daily gas market. Once all the
participating FGU members sign the GSAP 2 agreements, FGU will execute a 20-year Prepaid Gas Purchase
agreement with UBS AG, then issue debt in the form of tax-exempt bonds to pay for the gas supply.
Clearwater's participation share in GSAP 2 is estimated at 15%. This translates to approximately 30% of
Clearwater's customer supply requirements, which includes a 4% annual growth factor over the 20-year
period. The GSAP 2 agreement is another purchasing mechanism to better control the supply and cost of gas
in a rising energy market. Currently daily gas prices are averaging $7 per million Btu (MMBtu). Anticipated
savings will be approximately 40 - 45 cents per MMBtu lower than the daily market, which translates to
approximately $8 million in savings over the life of the contract. These savings will be passed on to our
customers through our Purchased Gas Adjustment (PGA) rate on our customer's monthly bill. FGU is a not
for profit joint action agency made up of 23 Florida Cities including Clearwater. It's anticipated that 14
members of FGU will participate in GSAP 2. Clearwater currently has an All Requirements Agreement with
FGU that was signed on 2/15/02. The All Requirements Agreement obligates Clearwater to purchase 100% of
our gas supply through FGU. The GSAP 2 agreement will be a supplement to the All Requirements
Agreement. Resolution 06-38 and GSAP 2 agreement are available in the Official Records & Legislative
Services department for review.
Type:
Current Year
Budget?:
Operating Expenditure
Yes
Budget Adjustment: None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year: 2006 to 2026
o
Annual Operating
Cost:
Total Cost:
$6,500,000
$130,000,000
Appropriation
Code
423-02078-
531400-532
Amount
Appropriation Comment
$130,000,000
20 year period
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Gas System 4) Office of Management and
Budget 5) Legal 6) Clerk 7) City Manager 8) Clerk 9) City Manager 10) Clerk
CERTIFICATE OF CLERK
I, , the City Clerk of the City of Clearwater, Florida
(the "City"), HEREBY CERTIFY as follows:
1. Attached hereto IS a
adopted by the City on
true and correct copy of Resolution No.
_,2006 (the "Resolution").
2. Attached hereto IS a true and correct copy of an Extract from the
minutes of the meeting of the City held on _, 2006, which meeting
was duly called and held and at which meeting a quorum was present and voting
throughout, as such minutes appear of record in the public records of the City
pertaining to the adoption of the Resolution.
The Resolution has not been modified, amended, revoked or
repealed in any respect since its date of adoption and remains in full force and effect as of
the date hereof.
WITNESS my hand and official seal this _ day of
,2006.
CITY OF CLEARWATER, FLORIDA
(SEAL)
By:
City Clerk
Attach: Resolution
Extract of Minutes
# 3733639_vl
EXHIBIT A
PREPA Y FINANCING TRANSACTION -
AGREEMENT WITH PROJECT PARTICIPANTS
GAS SUPPLY AGREEMENT NO.2
BETWEEN
FLORIDA GAS UTILITY
AND
CITY OF CLEARWATER, FLORIDA
Dated as of
_, 2006
TABLE OF CONTENTS
Page
SECTION 1. Definitions and Explanations of Terms. ...................................... 2
SECTION 2. Term of Agreement. .................................................................. 11
SECTION 3. Gas Supply Service and Pricing................................................ 11
SECTION 4. Method of Payment. .................................................................14
SECTION 5. Scheduling of Deliveries; Title. ................................................. 18
SECTION 6. Point(s) of Delivery. .................................................................. 19
SECTION 7. Curtailment............................................................................. 19
SECTION 8. Availability of Gas or Gas Entitlement Shares. .........................20
SECTION 9. Insurance. ...............................................................................20
SECTION 10. Annual Budget; Accounting.....................................................20
SECTION 11. Information to be Made Available. ...........................................20
SECTION 12. Project Participant Covenants; Representations and
Warranties. ......................................................................... 22
SECTION 13. Pledge of Payments. ................................................................27
SECTION 14. Event of Default. .....................................................................28
SECTION 15. Continuing Obligation, Right to Discontinue Service. ..............28
SECTION 16. Transfer of Nominated Quantities Following Default. ............... 28
SECTION 17. Other Default by Project Participant. ....................................... 30
SECTION 18. Default by FGU. ......................................................................31
SECTION 19. Abandonment of Remedy. ....................................................... 31
SECTION 20. Waiver of Default. ...................................................................31
SECTION 21. Relationship to and Compliance with Other Instruments......... 31
SECTION 22. Measurement of Gas. ..............................................................32
SECTION 23. Liability of Parties. ..................................................................32
SECTION 24. Sale of Project Participant's Excess Nominated Quantity. ........35
SECTION 25. Assignment of this Agreement; Sale of Project Participant's
System................................................................................ 35
SECTION 26. Termination or Amendment. ...................................................37
SECTION 27. Force Majeure. ........................................................................ 38
SECTION 28. Project Participant Representative. .........................................40
SECTION 29. Notice and Computation of Time. ...........................................40
SECTION 30. Applicable Law; Construction.................................................. 41
SECTION 31. Severability............................................................................. 41
Exhibit A
Exhibit B
Exhibit C
Appendix 1 -
Characteristics of Financial Products
Description of System
Project Participant Outstanding Obligations
Schedule of Project Participants' Nominated Quantity for Gas
Supply Pool No.2 Gas Entitlement Share
Project Participant's Point or Points of Delivery
Form of Opinion of Counsel to Project Participant
Appendix 2 -
Appendix 3 -
PREPA Y FINANCING TRANSACTION -
AGREEMENT WITH PROJECT PARTICIPANTS
GAS SUPPLY AGREEMENT NO.2
This GAS SUPPLY AGREEMENT NO.2 ("Agreement") made and
entered into as of _,2006, by and between FLORIDA GAS UTILITY,
a public body corporate and politic formed under the Florida Interlocal
Cooperation Act ("FGU") and the CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida ("Project Participant").
WITNESSETH:
WHEREAS, FGU was formed by Interlocal Agreement on September 1,
1989, which was subsequently amended by the Amended Interlocal Agreement
on June 1, 1992, and thereafter amended and restated by Amended and
Restated In terlocal Agreement dated as of July 1, 1996, and thereafter
amended and restated by Second Amended and Restated Interlocal Agreement
dated as of July 27, 1999 (the "Interlocal Agreement"); and
WHEREAS, in order to take advantage of perceived opportunities created
by the restructuring of natural gas services, FGU was established between and
among several public agencies for the purpose of achieving savings through
joint services for, or which otherwise benefit, its Members; and
WHEREAS, Project Participant is a Member of FGU, wishes to obtain the
benefits of participating in Gas Project No.2 pursuant to this Agreement,
which is intended to be a gas services contract within the meaning of the
Interlocal Agreement, and is willing to assume the burdens of such
participation described herein; and
WHEREAS, FGU will take or cause to be taken all steps necessary for the
acquisition of, and will undertake such contractual arrangements necessary to
secure, a suitable supply of Gas or a suitable pricing mechanism including
Financial Products, or both, under one or more Gas Purchase Agreements or
Financial Instruments, and will provide the Gas and pricing mechanism and
services pursuant to this Agreement and/ or other related or suitable Financial
Instruments, and pursuant to agreements similar to this Agreement and
related or suitable Financial Instruments with other Project Participants, all as
hereinafter defined; and
WHEREAS, in order to enable FGU to provide its services hereunder, to
pay the Costs provided for herein, and issue its Bonds to pay the Costs of
Acquisition, FGU may have substantially similar Agreements with other Project
Participants;
WHEREAS, Article VI of the Interlocal Agreement authorizes the Board of
FGU to undertake a Special Project, and it is intended that each of Project
Participants shall become a party to substantially similar Agreements, such
undertakings with respect to Gas Project No.2 shall each be treated as a
Special Project.
NOW, THEREFORE, for and in consideration of the mutual covenants
and agreements herein contained, it is agreed by and between the parties
hereto as follows:
SECTION 1. Definitions and Explanations of Terms.
As used herein:
Aggregated Transportation Contracts shall have the meaning ascribed to
that term in Section 3 (a) .
Agreement shall mean this Gas Supply Agreement No.2 as the same may
be amended or supplemented in accordance with its terms, including any other
related or suitable Financial Instruments that may accompany this Agreement
or be appropriate for the purposes to be achieved by this Agreement.
Annual Budget shall mean the budget adopted by the Board of FGU
pursuan t to paragraph (a) of Section 10, or, in the case of an amended Annual
Budget adopted by the Board or Executive Committee of FGU, during the
remainder of the Fiscal Year.
Approved Rate Tariff shall mean the tariff for the transportation of Gas
by the Transporter as approved by FERC or the governmental or other entity
charged with this responsibility.
Board of FGU shall mean the Board of Directors of FGU or if said Board
shall be abolished, its successor board, body, commission or agency
succeeding to the principal functions thereof or to whom the power and duties
granted or imposed by any Bond Resolution shall be given by law.
Bond Resolution shall mean a resolution providing for the issuance of
the Bonds, as may be adopted by the Board of FGU, and all amendments and
supplements thereto adopted in accordance with the provisions thereof, and
shall include any trust indenture providing for the issuance of and security for
the Bonds, and other related documentation approved by the Board of FGU or
delegated to the Executive Committee of FGU.
Bonds shall mean the bonds, notes or other evidences of indebtedness,
or notes issued in anticipation of the issuance thereof, which may be issued
from time to time by FGU pursuant to the Bond Resolution to pay any part of
the Costs of Acquisition of Gas Project No.2, whether or not any such issue
2
shall be subordinated as to payment to any other issue, and shall include
refunding bonds issued in accordance with this Agreement and the Bond
Resolution.
Business Day shall mean any day except (i) Saturday or Sunday, (ii) any
day on which nationally chartered banking institutions located in the states of
New York and Florida are required or authorized by law to close or (iii) any day
on which the New York Stock Exchange is closed. Unless otherwise specified
as a Business Day, a day or days shall mean calendar day or days.
Calyon Hedge Agreement shall have the same meaning as set forth in the
Gas Purchase Agreement.
Commencement Date shall mean the earlier of (i) the first date on which
FGU shall make Gas available to the Project Participants pursuant to the Gas
Purchase Agreement, (ii) the effective date of any Financial Instrument entered
into for the benefit of Project Participant pursuant to this Agreement or the
Special Project authorized hereby, (iii) the effective date of the incurrence by
FGU of any obligations under the Gas Purchase Agreement, or (iv) the date of
issuance of Bonds.
Contract Year shall mean the twelve (12) month period commencing at
12:01 a.m. on October 1 of each year, except that the first Contract Year shall
commence on the first to occur of (i) the date which is twelve (12) months prior
to the date on which the first principal installment on any of the Bonds is due
or (ii) the Commencement Date, and shall expire at 12:01 a.m. on the next
succeeding October 1.
Costs shall mean Monthly Costs and, to the extent not paid from
proceeds of the Bonds, Costs of Acquisition.
Costs of Acquisition shall mean all costs of acquIring, planning,
financing, pricing, transporting, storing and implementing the supply of Gas
under the Gas Purchase Agreement, including, without limitation, the
following:
(1) interest accruing in whole or in part on Bonds for such
period as may reasonably be determined to be necessary in accordance
with the provisions of the Bond Resolution;
(2) the deposit or deposits required to be made under the Bond
Resolution from the proceeds of Bonds into any fund or account
established pursuant to the Bond Resolution to meet Debt Service
reserve requirements for Bonds or other requirements thereunder;
(3) the costs and expenses incurred in the issuance and sale of
the Bonds, the proceeds of which have been or will be required to be
3
applied to one or more purposes for which Bonds could be issued,
including, without limitation, bond insurance premiums, letter of credit
or other credit enhancement or liquidity fees, rating agency fees,
discounts to the underwriters or other purchasers thereof, if any, legal,
consulting and financial advisory costs, and amounts required to be paid
under any interest rate exchanges or swaps, cash flow exchanges,
options, caps, floors or collars, in each case made in connection with the
issuance of the Bonds;
(4) the payment of principal, premium, if any, and interest when
due (whether at the maturity of principal or at the due date of interest or
upon redemption) on notes or other evidences of indebtedness from time
to time issued in anticipation of the issuance of Bonds, the proceeds of
which have been or will be required to be applied to one or more
purposes for which Bonds could be issued;
(5) all planning and development costs, insurance premiums,
legal, consulting and financing costs, administrative and general costs,
and all other costs properly allocable to the acquisition and
implementation of the Project;
(6) all other costs incurred In connection with and properly
chargeable to, the acquisition or implementation of the Project, and all
costs in respect of commodity swaps, balancing contracts, hedging
arrange men ts and other similar agreements related to the supply of Gas
hereunder; and Financial Products authorized hereunder or by Financial
Instruments implemented in accordance with FGU's obligations
thereunder for the purchase of Gas (in each case, subject to the
provisions of Section 3(f) below); and
(7) the provision for working capital or any other operating
reserves that FGU deems reasonably required in connection with the Gas
Purchase Agreement and Financial Instruments and for which may be
required by FGU under this Agreement, and all costs relating thereto,
and the cost of credit facilities or enhancements, in such amounts as
FGU shall be obligated for under the Gas Purchase Agreement or this
Agreement.
Debt Service shall mean, with respect to any period, the aggregate of the
amounts required by the Bond Resolution to be paid or deposited during said
period into any fund or account created by the Bond Resolution for the sole
purpose of paying the principal (including sinking fund installments) of,
premium, if any, and interest on all Bonds from time to time outstanding as
the same shall become due; provided, however, that Debt Service shall not
include any amount payable as principal solely as a result of acceleration of
maturity of Bonds.
4
Default Share shall mean, as to each Project Participant on each
respective date of calculation, an amount equal to the percentage of a
Defaulted Gas Payment determined by multiplying the Defaulted Gas Payment
by the ratio determined by dividing such Project Participant's aggregate
Nominated Quantities of Gas for the remaining term of this Agreement by the
aggregate Nominated Quantities of Gas of all Project Participants that are not
then in default, for the remaining term of this Agreement, in each case as of the
date of calculation.
Defaulted Gas Payment shall mean those Costs that were not paid when
due by a Project Participant, including all unbilled Costs accruing to and
including the date on which FGU discontinues providing Gas to a Project
Participant pursuant to Section 15 hereof. Defaulted Gas Payment shall not
include transportation costs.
Designee shall mean FGU as the contractually authorized agent of a
Project Participant pursuant to the terms of the general terms and conditions
of Transporter's Approved Rate Tariff.
Direct Costs shall mean, with respect to any Gas not tendered for
delivery to Project Participant (or FGU as its agent) pursuant to the terms of
this Agreement, those items of Costs attributable to such Gas that are included
within the definition of Monthly Costs related to payments (i) with respect to
debt service on the Bonds and (ii) FGU payments due under the Calyon Swap.
However, for purposes hereof, "Direct Costs" shall not include (and thus the
Project Participant will remain liable for) the incremental difference, if any,
between payments required under the Calyon Hedge Agreement with respect to
such Gas (based on First of the Month Index pricing, minus the discount as
described in the Calyon Hedge Agreement), and payments received from the
Gas Supplier with respect to such Gas under the Gas Purchase Agreement
(based on a Gas Daily spot index price on the respective date( s) of failed
delivery) .
Directive shall mean an instrument, in writing, executed and delivered
by a Project Participant Representative that gives directions to FGU hereunder,
or otherwise authorizes actions by FGU hereunder, or implements all or a part
of this Agreement, and upon which FGU may rely as being duly authorized,
executed and delivered by Project Participant.
Division shall mean a Project Participant of FGU, and the associated
Point(s) of Delivery of that Project Participant, whose transportation
entitlements have been aggregated under one transportation contract held by
FGU to which Transporter's Approved Rate Tariff applies.
FERC shall mean Federal Energy Regulatory Commission or any
successor governmental or other entity charged with its responsibility.
5
Financial Instrument shall mean an agreement entered into with respect
to the purchase, financing or pricing of Gas or other services provided under
this Agreement that provides for Financial Products by and between the parties
thereto that may indude FGU, or Project Participant, or both, or between
Project Participant and any third parties or counterparties; the Project
Participant Representative shall be authorized to provide a Directive with
respect to any Financial Instrument on behalf of the Project Participant.
Financial Products shall mean futures contracts, commodity swaps and
hedging arrange men ts related to the pricing or supply of Gas or other services
provided hereunder, interest rate swaps (relating to Bonds), in either case,
whether entered into by FGU, or by Project Participant and/or FGU, induding
balancing or similar agreements or interest rate exchanges or swaps, cash flow
exchanges, options, caps, floors or collars implemented in accordance with the
Derivatives Policy adopted by the Board of FGU from time to time. Without
limiting the generality of the foregoing, such Financial Products may consist of
those products described in Exhibit A and may have characteristics similar to
those set forth in Exhibit A hereto.
Fiscal Year shall mean the twelve (12) month period commencmg at
12:01 a.m. on October 1 of each year.
Gas shall mean pipeline quality natural gas (i) supplied pursuant to the
Gas Purchase Agreement for Gas Project No.2 and (ii) any gas furnished to
replace undelivered Gas.
Gas Entitlement Share shall mean, with respect to each Project
Participant, in any Contract Year, its share of Gas, expressed as an annual
percentage determined by dividing such Project Participant's Nominated
Quantities of Gas for such Contract Year by the aggregate Nominated
Quantities of Gas of all Project Participants for such Contract Year, in each
case as shown in the Schedule of Nominated Quantities set forth on
Appendix 1 hereto, as the same may be adjusted from time to time in
accordance with the provisions hereof.
Gas Project No.2 shall mean the Gas to be provided pursuant to a Gas
Purchase Agreement for Project Participants.
Gas Purchase Agreement shall mean one or more gas purchase con tracts
(induding amendments thereto) entered into between FGU and one or more
Gas suppliers or owners of interest in Gas for Gas Project No.2, all or a part of
the cost of which is to be funded with proceeds from the issuance of Bonds,
and which shall initially consist of the Prepaid Gas Purchase Agreement
between Florida Gas Utility and UBS AG.
Gas Supplier shall mean one or more suppliers or owners of interests in
Gas, under the Gas Purchase Agreement.
6
Gas Supply Agreement shall mean this Gas Supply Agreement No.2 and,
as appropriate, the substantially similar Gas Supply Agreements between FGU
and other Project Participants and any substantially similar contract entered
into by FGU in connection with any transfer of a Project Participant's Gas
Entitlement Share pursuant to Section 16, any assignment of such Gas
Entitlement Share pursuant to paragraph (b) of Section 25 or any assignment
of such Gas Entitlement Share with the consent of FGU in accordance with
paragraph (a) of Section 25.
Member or Members shall mean, as the context shall require, the
members of FGU who are Project Participants to this Agreement or similar gas
supply agreements relating to the purchase of Nominated Quantities of Gas.
Month shall mean a calendar month.
Monthly Costs shall mean all items of cost included within the definition
the Costs of Acquisition, to the extent not funded with proceeds received from
Bonds, and all other costs that are paid or incurred, monthly or periodically, by
FGU directly or indirectly with respect to the purchase, pricing, supply, storage
or transportation of Gas to Project Participants hereunder and pursuant to the
Bond Resolution, the Gas Purchase Agreement and Financial Instruments,
including contingency reserves and any ongoing requirements for capital
expenditures not funded with Bond proceeds, including without limitation, the
following items of cost:
(1) amounts related to the purchase of Gas for which FGU may
be liable under the Gas Purchase Agreement or the Bond Resolution,
including amounts required to be paid or deposited during such Month
into any fund or account established thereunder, for the payment of Debt
Service on Bonds, or for any other payments required by the Bond
Resolution, including, as may be applicable, the Default Share required
to be paid by Project Participant;
(2) all fees and expenses of the trustee, remarketing agent,
broker-dealer, credit or liquidity provider, provider of insurance and
other parties to the financings contemplated by the Bond Resolution or
this Agreement;
(3) the costs, as determined in accordance with the Pricing
Policy (to the extent not covered through the payments described in
clause (1) above) as follows:
(i) Gas supply purchased by Project Participant under
this Agreement, whether provided by FGU from the Gas supply
under the Gas Purchase Agreement, or any other such instrument;
7
(ii) Gas transportation to the Point(s) of Delivery of the
Gas pursuant to the Transportation Contracts;
(iii) FGU service charges for its administrative servIces
provided hereunder;
(iv) adjustments, and an equitably allocated portion of all
FGU's other expenses; and
(v) any additional amount which must be paid by FGU
during such Month in order to meet its requirements with respect
to any rate covenant under the Bond Resolution with respect to
Debt Service coverage for the Bonds, or with respect to the Gas
Purchase Agreement.
(4) amounts required to be paid by FGU to meet any hedging
requirements of FGU (subject, however, to the provisions of Section 3(f)
below), including those required by the Gas Purchase Agreement, the
Bond Resolution and Financial Instruments entered into in respect of
Financial Products for such purposes, and shall include both scheduled
payments and termination payments in the order of priority as specified
herein or therein. Unless expressly otherwise provided to the contrary in
the Financial Instrument, the Bond Resolution or the Gas Purchase
Agreement, payments on such obligations shall be allocated to Project
Participant in accordance with its Gas Entitlement Share;
(5) any additional amounts not specified in the other items of
this definition which must be paid by FGU during such Month that are
either properly allocable to the Project or as determined in accordance
with the Pricing Policy, including, without limitation, costs imposed or
permitted by any regulatory agency, that are paid or incurred in
connection with the supply of Gas or services thereunder, the provision
of services by FGU for Project Participants, or relating to operations for
which FGU may incur on its own behalf, or for which FGU may be liable
under the Gas Purchase Agreement;
(6) all costs and expenses (including, but not limited to, legal
fees and expenses) relating to personal injury and damage claims and
extraordinary costs, expenses or assessments required to be paid by FGU
pursuant to the Gas Purchase Agreement or this Agreement, in
connection with the Project, or the delivery of Gas hereunder or
thereunder, including, but not limited to, all federal, state and local taxes
and payments in lieu of taxes required to be paid by FGU with respect to
the services rendered pursuant to the Gas Purchase Agreement and all
costs and expenses relating to claims or judgments (including injury and
damage claims) arising out of the acquisition or implementation of the
8
Project or relating to operations for which FGU may be liable under the
Gas Purchase Agreement or this Agreement;
(7) any reserves required by FGU to meet obligations pursuant
to the Gas Purchase Agreement, the Bond Resolution, any Financial
Instrument and this Agreement, necessary for payment of those items of
costs and expenses incurred in the delivery of services, to the extent not
covered by any preceding clause and as may be determined by FGU for
its operations; and
(8) All payments and charges on any line of credit, letter of
credit, standby bond purchase agreement, working capital or other loans
for which FGU shall be obligated. Payments on such obligations shall be
allocated to Project Participant in accordance with its Gas Entitlement
Share.
Notwithstanding the foregoing, if an item of cost or expense referred to above or
any part thereof shall relate to less than all of the Project Participants (such as
current transportation costs, or the cost of replacement Gas as described in the
definition of Gas or the cost of Financial Products entered into for the benefit of
one or more, but not all Project Participants) or shall clearly not be applicable
to a Project Participant, such item shall only be included as an item of Cost
with respect to those Project Participants to which such cost or expense
relates.
Nominated Quantity shall mean the quantity of Gas in dekatherms per
day that the Project Participant has requested FGU to acquire and sell to the
Project Participant under the terms and conditions of this Agreement as
reflected on Appendix 1 hereto.
Poin t or Points of Delivery shall mean the point or points of delivery
specified in Appendix 2 hereto or such other point or points of delivery from
time to time agreed to between Project Participant and FGU.
Point of Receipt shall have the meaning ascribed to that term under the
Gas Purchase Agreement.
Pricing Policy shall mean the policy on pricing of Gas as may be adopted
by the Board of FGU and in effect from time to time.
Project or Gas Project No.2 shall mean the planning, financing,
acquiring and placing in operation of the Gas Purchase Agreement and the
delivery of services and / or Gas under the Gas Purchase Agreement or this
Agreement.
Project Participants shall mean Members who are the parties, including
Project Participant, other than FGU, to this Agreement and gas supply
9
agreements substantially similar to this Agreement for which Bonds or other
sources of financing may be required for a special project for such purpose. An
initial list of Project Participants for Gas Project No.2 is set forth in Appendix 1
hereto.
Proiect Participant Representative shall mean Project Participant
Representative as defined in Section 28 hereof.
Service Area means, with respect to a Project Participant that is a natural
gas utility, any area throughout which Project Participant provided at all times
during the 5-year period beginning January 1,2001, and ending December 31,
2005, natural gas transmission or distribution services; and, with respect to a
Project Participant that is an electric utility, any area throughout which Project
Participant provided at all times during the 5-year period beginning January 1,
2001, and ending December 31, 2005, electricity distribution services. A
Project Participant's Service Area also includes (a) any area within a county
contiguous to the area described in the preceding sentence in which retail
customers of the Project Participant are located if such area is not also served
by another natural gas or electric utility, as the case may be, and (b) any area
recognized as the service area of such Project Participant under Florida or
federal law. The term, Service Area, shall have the same meaning with respect
to a governmentally-owned utility other than Project Participant.
System shall mean and refer to a Project Participant's gas and/or electric
enterprise system or other operations or combinations, as more particularly
described in Exhibit B hereto, which describes those facilities or operations
that require or permit the utilization or local distribution of gas or electricity,
and any additions or improvements thereto, and all other gas and/or electric
enterprise systems that may be constructed, acquired or operated by Project
Participant.
Transportation Contracts shall mean the contract or contracts for the
transportation of Gas between Transporter and (a) FGU, (b) FGU on behalf of
Project Participant, or (c) Project Participant with the designation of FGU as
Project Participant's agent.
Transporter shall mean Florida Gas Transmission Company, Gulfstream
Natural Gas Systems, L.L.C., or any other company legally authorized to
transport Gas, and its successors in interest.
Terms used herein in capitalized form and not defined herein shall have
the meanings ascribed to such words in the Gas Purchase Agreement,
Financial Instruments or the Bond Resolution.
10
SECTION 2. Term of Agreement.
The provisions of this Agreement shall become effective upon the
Commencement Date with respect to any Project Participant who shall have
executed and delivered this Agreement, and shall, unless this Agreement is
terminated pursuant to Section 26 hereof, continue until the earlier of (a) the
date Project Participant's Nominated Quantity of Gas as shown on Appendix 1
has been delivered and all payments with respect thereto have been made as
required by the terms hereof, and (b) the last to occur of the following: (i) the
date the principal of, premium, if any, and interest on all Bonds, and all
payments required under Financial Instruments for which Project Participant
shall be obligated have been paid in full, (ii) the date that funds which, together
with interest earnings from the investment thereof, have been set aside in
irrevocable escrow for the payment of the Bonds and such Financial
Instruments, all in accordance with the terms of the Bond Resolution and such
Financial Instruments, (iii) FGU shall have received all rights and benefits
under the Gas Purchase Agreement prior to its termination, (iv) all costs due
hereunder have been paid in full, and (v) the Gas Purchase Agreement shall
have been terminated and all obligations of FGU thereunder satisfied.
The invalidity or unenforceability, in whole or in part, of any Gas Supply
Agreement of any other Project Participant shall in no way affect the
commencement, term or enforceability of this Agreement or Project
Participant's obligations hereunder.
Neither termination nor expiration of this Agreement shall affect any
accrued liability or obligation hereunder. In addition, the termination of this
Agreement shall not relieve Project Participant of its obligations under Sections
23 hereof.
SECTION 3. Gas Supply Service and Pricing.
(a) Certain Project Participants have, pursuant to separate agreements
with FGU, aggregated their firm transportation entitlements with other Project
Participants (referred to herein as the "Aggregated Transportation Contracts")
and have authorized FGU to administer that capacity in the delivery of Gas to
each such Project Participant. Certain other Project Participants have
designated FGU as their agent for the utilization of their respective gas
transportation entitlements for the delivery of Gas hereunder.
(i) FGU is hereby authorized, and shall be responsible for
utilizing Project Participant's firm transportation entitlements, to the
extent available under its respective Transportation Contract(s), if
applicable to Project Participant, to cause Project Participant's Gas to be
transported to Project Participant's Point(s) of Delivery and for all
operational decisions and arrangements associated with the
11
transportation of Gas on or upstream of Transporter's pipeline, including
but not limited to, transportation along pipelines other than Transporter,
selection of Point(s) of Delivery, scheduling, balancing and dispatching of
Gas on such pipelines other than Transporter, as well as on
Transporter's pipeline.
(ii) The administration of the Aggregated Transportation
Contract(s), if applicable to Project Participant, shall be governed solely
in accordance with the Pricing Policy.
(iii) Project Participant shall, throughout the Term, provide
sufficient firm transportation for the Gas to be delivered under this
Agreement.
(iv) Notwithstanding any other provIsIOn of this Agreement,
Project Participant shall assume full responsibility for payment of actual
transportation charges, including demand charges, incurred by the
Aggregated Transportation Contract(s) for the benefit of Project
Participant, if applicable to Project Participant. To the extent another
Division or customer of FGU may make actual use of Project Participant's
transportation rights, a reallocation of demand costs shall be made by
FGU in accordance with the Pricing Policy.
(v) Unless otherwise agreed to by FGU and Project Participant,
Transporter and third parties will rely on FGU for all purposes connected
with servicing the transportation of Gas for Project Participant on
Transporter's system or otherwise, including, but not limited to, the
furnishing and receipt of information concerning daily nominations,
scheduling, balancing, Point(s) of Delivery, invoice payment, accounting,
third party transportation, and communications with Project Participant,
and that operational conditions may allow limited time for
communications concerning such matters. To facilitate this process, and
except with respect to services covered by the Aggregated Transportation
Contract(s), Project Participant agrees to name and hereby designates
FGU, or a representative of FGU, as Project Participant's designee to
perform Project Participant's obligations with respect to nominations,
scheduling and payment under the various Transporter transportation
rate schedules under which Project Participant arranges transportation
service for Gas purchased from FGU hereunder.
(vi) Notwithstanding the foregoing, FGU's responsibilities to
arrange for transportation of Gas to Project Participant's Point(s) of
Delivery shall be limited to Project Participant's transportation
entitlements made available to FGU hereunder and Project Participant
shall ultimately be responsible for securing transportation rights with
respect to Gas to be delivered hereunder.
12
(vii) Project Participant agrees that, except for (1) any obligations
it may have under any other projects for which payments for gas have
been pledged for payment of debt service on any indebtedness and (2)
any other contractual obligations in existence on the date hereof as set
forth on Exhibit C hereto (collectively, "Other Gas Projects"), it will satisfy
all of its gas requirements for its System from its Other Gas Projects, and
this Gas Project No.2, before it satisfies its gas requirements from any
other source.
(b) Subject to the availability of Gas at Project Participant's Point(s) of
Delivery, FGU agrees to sell and does hereby sell, and Project Participant does
hereby agree to purchase and does hereby purchase, Project Participant's
Nominated Quantity of Gas each Contract Year as shown on Appendix 1. FGU
shall be authorized to calculate and enter on Appendix 1, Project Participant's
Gas Entitlement Share for each Contract Year when all Gas Supply Agreements
have been executed and delivered to FGU; and to amend Appendix 1 as and
when Project Participant's Gas Entitlement Share is adjusted pursuant to
Section 16, or otherwise.
(c) Project Participant shall, in accordance with and subject to the
provisions of Section 4 hereof, pay FGU for its Nominated Quantities of Gas,
periodically as billed during the term of this Agreement, an amount determined
by multiplying the Costs applicable to all Project Participants by Project
Participant's applicable annual Gas Entitlement Share, plus the items of Cost
specifically allocable to Project Participant individually under the definition of
Costs with respect to, among other things, replacement Gas, in each case as
such Costs may be adjusted and allocated among Project Participants in
accordance with the Pricing Policy; provided, however, that Project Participant
shall be liable for Direct Costs to the extent and only to the extent (on a pro
rata basis) Project Participant's Nominated Quantities of Gas are tendered for
delivery at the Point of Receipt, or FGU provides alternative quantities of Gas in
lieu thereof. If Project Participant's share of Gas tendered at the Point of
Receipt in any month is less than Project Participant's Nominated Quantity of
Gas for such Month, Project Participant's share of Direct Costs for such Month
shall be proportionately reduced.
(d) In addition to Project Participant's payment obligations with
respect to its Gas Entitlement Share, and notwithstanding the failure to tender
Gas at FGU's Point of Receipt, if there has been a Defaulted Gas Payment,
Project Participant shall also pay its Default Share.
(e) If Project Participant's scheduled deliveries of Gas fluctuate
monthly, FGU, in its discretion, may manage Project Participant's cash flow
during such month or Contract Year in accordance with the Pricing Policy so
that Project Participant's cash flow requirements with respect to payment of
Monthly Costs more closely match the Nominated Quantities of Gas it receives
13
on such monthly basis. FGU agrees to cover such payments to the extent of its
available working capital as determined from time to time by FGU in its sole
discretion. However, notwithstanding FGU's agreement, nothing contained
herein shall relieve Project Participant of its payment obligations otherwise
required under Section 3(c) and (d) above and Section 4(d) below.
(f) FGU agrees that without the prior written consent of Project
Participant, it will not undertake or engage in any activity described in clause
(6) of the definition of Costs of Acquisition in Section 1, or incur indebtedness
of the type described in subparagraph (4) thereof and to the extent involving
Financial Products, subparagraph (4) of the definition of Monthly Costs in
Section 1 of this Agreement; provided, however, that FGU is not required to
obtain such prior written consent with respect to initial indebtedness incurred
in connection with the acquisition of a long term supply of gas for Gas Project
No.2 or the commodity swaps and other derivative transactions provided for in
the initial transaction for the implementation of the Gas Purchase Agreement.
SECTION 4. Method of Payment.
In the event of any dispute as to any portion of any periodic statement,
Project Participant shall nevertheless pay the full amount of the disputed
charges when due and shall give written notice of the dispute to FGU not later
than thirty (30) days after the date such payment is due. Such notice shall
identify the disputed bill, state the amount in dispute and set forth a full
statement of the grounds on which such dispute is based. No adjustment shall
be considered or made for disputed charges unless notice is given as aforesaid.
FGU shall give consideration to such dispute and shall advise Project
Participant with regard to its position relative thereto within thirty (30) days
following receipt of such written notice. Upon final determination (whether by
agreement, arbitration, adjudication or otherwise) of the correct amount, any
difference between such correct amount and such full amount shall be properly
reflected in the statement next submitted to Project Participant after such
determination.
(a) As soon as possible after the execution of this Agreement, the
Executive Committee of FGU shall adopt and mail to Project Participant an
amendment to the Annual Budget for the Contract Year which begins on the
Commencement Date, which shall provide an estimate of Project Participant's
periodic payments hereunder for Costs for such Contract Year. During each
Contract Year, FGU may from time to time amend the Annual Budget to take
into account changes in gas prices, extraordinary receipts, credits or costs
substantially affecting the Costs. Neither the Annual Budget, nor amendments
thereto, shall be binding on FGU or affect the amount a Project Participant is
obligated to pay hereunder.
14
(b) As soon as the billing information is available, FGU shall render to
Project Participant, by mail, courier or facsimile or other electronic
transmission, a periodic statement no less often than monthly, showing (i) the
amount payable by Project Participant in respect of Costs and, if applicable, its
Default Share, (ii) the amount, if any, reasonably determined by FGU on a
periodic basis, and any amounts determined in accordance with this
Section 4(b) on an annual basis, to be credited to or paid by Project Participant
with respect to any adjustment for actual Costs incurred during the next
preceding period or Contract Year, (iii) the credits against Project Participant's
share of Costs, including payments under hedge agreements received by FGU
in such period, credits determined in accordance with Section 4(c), and other
credits established pursuant to the Pricing Policy, and (iv) any other amounts
(except amounts in respect of Costs and Default Share which are intended to
be billed exclusively pursuant to clause (i) above) payable by or credited to
such Project Participant pursuant to this Agreement or the Bond Resolution
not otherwise shown; and such Project Participant shall pay the total of such
amounts on the earlier of the scheduled due date provided by FGU annually or
the date ten (10) days after Project Participant's receipt of any periodic
statement. FGU will provide a calendar of invoice and due dates at the
beginning of each fiscal year, to the extent feasible. If payment in full is not
made on or before the close of business on the due date, or, if a scheduled due
date is not a Business Day, on the next preceding Business Day, a delayed-
payment charge on the unpaid amount due for each day overdue may be
imposed at the prime rate of interest as published from time to time by the
Wall Street Journal and in effect in the calendar month for which the unpaid
balance shall be received, plus 2%, or the maximum rate lawfully payable by
Project Participant, whichever is less. Failure by Project Participant to pay the
full amount due by the due date may result in the discontinuance of gas
supply service by FGU as set forth in Section 15 below but such
discontinuance shall not relieve Project Participant of its payment obligations
hereunder. All statements will be trued up as provided in the Gas Purchase
Agreement.
(c) On or before one hundred fifty (150) days after the end of each
Contract Year, and at such other times as it shall deem desirable, FGU will
submit to Project Participant a detailed statement of the actual aggregate Costs
and Default Share due hereunder and any adjustment thereof or credit thereto
pursuant to Section 4(b) above and Project Participant's share thereof, and all
other amounts, if any, payable by or credited to Project Participant pursuant
hereto during such Contract Year or for such number of months as FGU deems
appropriate, and adjustments of the aggregate Costs, if any, for any prior
Contract Year and any adjustment thereof or credit thereto pursuant to Section
4(b) above, based on the annual audit of accounts provided for in Section 10
hereof or, if for a period other than a full Contract Year, on such other
information as FGU deems reliable. Notwithstanding the foregoing, actual
costs as compared to amounts billed by FGU will be trued up within one
15
hundred fifty (150) days of the end of the Fiscal Year and shall be payable
forthwith by FGU, if not applied by FGU upon any other Costs of Project
Participant, or if payable by a Project Participant, within sixty (60) days from
receipt of invoices.
(d) The obligation of Project Participant to make payments under this
Agreement shall not be subject to any reduction, whether by offset,
counterclaim, or otherwise, and shall not be otherwise conditioned upon
performance of FGU under this Agreement, Financial Instruments, the Gas
Purchase Agreement or any other agreement or instrument or the validity or
enforceability of this Agreement, Financial Instruments, the Gas Purchase
Agreement, or any other agreement between FGU and any other Project
Participant; provided however, that except as otherwise provided in Section 3(c)
hereof, Project Participant will not be obligated to pay that portion of Direct
Costs related to the Nominated Quantity that was not tendered for delivery as
provided under this Agreement. The obligation of Project Participant to make
the payments under this Agreement for its share of Monthly Costs and other
such amounts, shall constitute an obligation of Project Participant payable as
an operating expense of Project Participant's System solely from the revenues
and other available funds of the System.
(e) The obligation of Project Participant to make payments under this
Agreement shall not constitute a debt of Project Participant within the meaning
of any constitutional or statutory provision or limitation or a general obligation
of or pledge of the full faith and credit of Project Participant, and neither Project
Participant nor the State of Florida or any agency or political subdivision
thereof shall ever be obligated or compelled to levy ad valorem taxes to make
the payments provided for under this Agreement, and the obligation of Project
Participant to make payments pursuant to this Agreement shall not give rise to
or constitute a lien upon any tangible property of Project Participant or any
tangible property located within its boundaries or service area.
(f) Notwithstanding the last sentence of Section 4(d), if the obligations
of Project Participant to make payments under this Agreement or any part of
the obligation under any Financial Instrument, would not be legally permissible
as, or would not be treated as, or otherwise be accorded the status of,
operation and maintenance payments under the provisions of Project
Participant's indentures, bond resolutions or other bond documents or
contractual obligations entered into in connection with the financing of or
purchases for operation and maintenance for Project Participant's System,
such part of such obligations that are precluded such status will be incurred
and accorded the treatment in accordance with the provisions of paragraph (g)
below. Project Participant covenants that it will not amend any existing
indenture or bond documents relating to the System, or execute, adopt or enter
into any new indenture, bond documents or contractual obligations, the effect
16
of which would be to cause such payments to be treated otherwise than as a
cost of operation and maintenance.
(g) If any part of Project Participant's obligations for the payment of
services hereunder or under the Bonds or a Financial Instrument cannot be
treated as, or otherwise accorded the status of, operation and maintenance
costs of Project Participant's System for the reasons set forth in Section 4(f)
above, such obligations shall constitute an obligation payable solely from the
revenues and other funds of Project Participant's System, which Project
Participant hereby pledges for such purpose, subject and subordinate to the
following obligations of Project Participant to the extent, and only to the extent
Project Participant's existing indentures, bond documents or contractual
obligations would expressly preclude Project Participant from making the
payments required hereunder senior to such obligations (i) operation,
maintenance, renewal and replacement expenses of Project Participant's
System, (ii) bonds (as well as bond anticipation notes), notes or other
obligations for contractual commitments or borrowed money, now outstanding
or hereafter issued, for System purposes payable from revenues of Project
Participant's System, (iii) subordinated bonds, notes or other obligations of the
System payable from revenues of Project Participant's System and senior in
credit to, or subject to a negative pledge with respect to, the obligations of the
type imposed hereby, in each case, outstanding on the date of execution of this
Agreement by Project Participant, and (iv) payments required to be made into
or from funds established under the ordinances or resolutions or other
documents authorizing bonds, notes or other obligations referred to in clauses
(ii) or (iii) hereof. All such obligations in existence on the date hereof shall be
listed on Exhibit C hereto, and all future obligations shall be listed on an
amended Exhibit C and delivered to FGU.
(h) If at any time Project Participant has revenue bonds outstanding
payable from or secured by a pledge of net revenues of its System, Project
Participant agrees that, in connection with any financial tests or conditions for
the issuance of additional revenue bonds or other obligations payable from and
secured by a pledge of the revenues of its System, Project Participant shall,
notwithstanding Section 4(f) and (g) above, treat all payments made or
estimated to be made to FGU under this Agreement as operating expenses for
purposes of computing the amount of revenues available for the payment of
such outstanding revenue bonds and such additional revenue bonds.
If FGU is entitled to payments with respect to Gas not delivered under
the Gas Purchase Agreement (other than termination payments, payments
intended to reimburse FGU for its costs and expenses, and other than
payments required under any applicable document or the Bond Resolution to
be used in accordance with the Bond Resolution to pay Debt Service on the
Bonds or other costs and expenses of Gas Project No.2), FGU shall distribute
such payments or Gas credits to each Project Participant in proportion to its
17
respective Nominated Quantities of Gas that were not delivered, or provide
replacement Gas as requested by Project Participant, in each case, after
deducting therefrom any amounts otherwise due by such Project Participants
hereunder for payment of Costs as provided by this Agreement. FGU shall
distribute such payments or Gas credits to each Project Participant after
deducting therefrom any amounts otherwise due by such Project Participant
hereunder, all in accordance with the Pricing Policy. Any termination payment
under the Gas Purchase Agreement shall be applied in accordance with the
Bond Resolution.
SECTION 5. Scheduling of Deliveries; Title.
(a) All of the provisions of this Section 5 are subject to the provisions
of the Gas Purchase Agreement, and in the event of any inconsistencies
between this Section 5 and the provisions of the Gas Purchase Agreement
governing scheduling, the terms of the Gas Purchase Agreement shall govern.
(b) The quantity to be supplied by FGU shall be nominated monthly by
Project Participant as provided in Appendix 1 hereto and delivered in
substantially equal daily quantities except as otherwise provided in this Section
5. No revisions to such Nominated Quantities shall affect Project Participant's
payment obligations hereunder, except as may be otherwise permitted under
Section 3(e).
(c) It will be Project Participant's responsibility to notify FGU of any
variations in Project Participant's daily Gas usage rate. Project Participant will
provide FGU with its Gas requirements in such a manner to allow FGU to
effectively arrange for the required Gas transportation and associated services
and as required by the Gas Purchase Agreement, in a timely and cost effective
manner for Project Participant. The actual details of such daily and monthly
information requirements will be mutually agreed upon by the parties and may
change from time to time to meet varying conditions.
(d) Project Participant shall advise FGU of any change in any of the
Gas requirements at Project Participant's Point(s) of Delivery as soon as is
reasonably possible to allow FGU to make necessary adjustments in other
Project Participants' gas volume nominations to avoid imbalances and penalties
and to fully comply with the Gas Purchase Agreement.
(e) FGU will promptly notify Project Participant of all pipeline
operating conditions, including but not limited to operational flow orders and
alert days for which Project Participant may be subject to costs or penalties as
a result of noncompliance. If Project Participant does not fully comply with
such operational requirements, Project Participant will assume full liability for
any noncompliance.
18
(f) Title to the Gas transported for Project Participant with its own
transportation contracts will pass to such Project Participant upon and
concurrently with the purchase thereof by FGU under the Gas Purchase
Agreement. Title to Gas purchased for transportation under the Aggregate
Transportation Contracts will pass upon delivery by FGU to Project Participant
at Project Participant's Point(s) of Delivery.
(g) Although FGU may hold title to the Gas during the transportation
process to Project Participant's Point(s) of Delivery under paragraph (f) above,
Project Participant shall bear the full risk of loss for all such Gas during such
transportation by FGU on Transporter's system or otherwise, including but not
limited to, injury, loss or damage caused by the Gas during the transportation
thereof and any economic or consequential damages to Project Participant for
failure to deliver Gas or otherwise.
Project Participant agrees, to the extent permitted by law, and pro
rata with other Project Participant to the extent of its Gas provided hereunder,
and/ or its annual Gas Entitlement Share, in effect on the date of occurrence of
the event giving rise to the claim, to indemnify and hold FGU harmless from
any and all losses or damages sustained by FGU under this Agreement, the
Gas Purchase Agreement, Financial Instruments or otherwise, including any
and all suits, actions, damages, losses, and expenses arising out of adverse
claims of any persons, including Project Participant, to such Gas or the title
thereto, regardless of the party responsible for its delivery, or to royalties,
taxes, license fees, or charges thereon, and from any and all liability to any
persons, including Project Participant, or for any property damage, occasioned
by FGU holding title to Gas for benefit of Project Participant.
SECTION 6. Point(s) of Delivery.
Gas scheduled by Project Participant pursuant to Section 5 of this
Agreement will be delivered at Project Participant's Point or Points of Delivery,
which such party shall designate to FGU in writing. The quantity of Gas
actually delivered to Project Participant shall be adjusted to take into account
Gas used or consumed in the transportation thereof to the Points of Delivery.
SECTION 7. Curtailment.
It is understood that, in the event of a capacity curtailment on the
Transporter's system or other transportation system used by FGU which
causes an interruption of transportation service, curtailment shall be
implemented in accordance with Transporter's currently effective curtailment
plan.
19
SECTION 8. Availability of Gas or Gas Entitlement Shares.
Except as provided otherwise by this Agreement, and subject to the
provisions of the Gas Purchase Agreement and any applicable Transportation
Contracts or other transportation arrangements, Project Participant's Gas
Entitlement Share, as the case may be, shall be made available in accordance
with this Agreement during the term hereof.
SECTION 9. Insurance.
FGU shall carry such insurance as shall be carried in accordance with
customary industry standards, but in any event with such coverage as it has
customarily carried in the last five (5) years to the extent commercially
reasonably available at a commercially reasonable cost.
SECTION 10. Annual Budget; Accounting.
(a) At FGU's annual meeting each year, the Board of FGU shall adopt
an Annual Budget for the next ensuing Fiscal Year and shall deliver the Annual
Budget to each Project Participant prior to the beginning of each Fiscal Year.
During each Fiscal Year, FGU, by action of its Board or Executive Committee,
may from time to time amend the Annual Budget. Notwithstanding the
foregoing, any Costs payable by Project Participant shall be governed by this
Agreement.
(b) FGU agrees to keep accurate records and accounts in accordance
with generally accepted accounting principles, consistently applied. Said
accounts shall be audited annually by a firm of certified public accountants,
experienced in governmental accounting and electric and gas utility company
accounting and of suitable reputation, to be employed by FGU. A copy of each
annual audit, including all written comments and recommendations of such
accountants, shall be furnished by FGU to Project Participant not later than
one hundred fifty (150) days after the end of each Fiscal Year. Project
Participant shall have the right to audit the books and records of FGU from
time to time, upon reasonable notice, to the extent necessary to verify the Costs
and, with respect to Project Participant, payable hereunder.
SECTION 11. Information to be Made Available.
(a) Based, in each case, upon the data most recently available to FGU
pursuant to the Gas Purchase Agreement or Financial Instruments, FGU will
furnish or otherwise make available to Project Participant all information
related to Gas supply or pricing of Gas, which FGU receives under the Gas
Purchase Agreement or any Financial Instrument and all transportation costs
under the Transportation Contracts, where available to FGU, and will prepare
and issue to Project Participant reports each quarter of the Fiscal Year.
20
(b) Project Participant shall, upon request, furnish to FGU all such
information, certificates, certified copies of official proceedings, engineering
reports, feasibility reports, information relating to its system, Transportation
Contracts, financial statements, opinions of counsel (including the opinion
required by subsection (c) hereof), official statements and other documents as
FGU shall be reasonably requested to deliver pursuant to the services provided
under this Agreement.
(c) Project Participant shall at the times requested by FGU, cause an
opinion or opinions (i) in substantially the form attached hereto as Appendix 3
to be delivered by one or more attorneys or firms of attorneys satisfactory to
FGU with respect to the authorization, execution and validity of this Agreement
or any Financial Instrument, as it relates to Project Participant, and, if Project
Participant shall have bonds or other obligations outstanding secured by a
pledge of revenues of its System, the legality under the terms and conditions of
the ordinance, resolution, indenture or other contractual arrangement with the
holders of such bonds, of the performance by Project Participant of its
covenants and agreements under this Agreement, and (ii) in such other form as
may be required under the Gas Purchase Agreement, Financial Instrument or
this Agreement and with respect to Project Participant, the Bond Resolution or
bond purchase agreement executed in connection with the sale and delivery of
the Bonds.
(d) Project Participant shall provide to FGU, or its designees, on a
timely basis and in such form as shall be reasonably requested by either, any
and all documents, releases, financial statements and other information
necessary to enable FGU to comply with any disclosure or other reporting
requirement, including but not limited to Rule 15c2-12 of the Securities and
Exchange Commission promulgated under the Securities Exchange Act of 1934
(the "Rule"), now or hereafter imposed by the United States of America, the
State of Florida, or any political subdivision or agency of either having
jurisdiction over the issuance of any debt obligations for the acquisition of gas,
by law, judicial decision, regulation, rule or policy. Such information shall be
provided by Project Participant from time to time promptly following the
occurrence of a "material event" as described in the Rule, and as otherwise may
be requested by FGU, or its designees, but in any case, no less frequently than
shall enable FGU or the underwriters or broker/dealers of the obligations of
FGU, or such Project Participant, to comply with any such law, judicial
decision, regulation, rule or policy.
(e) In addition to the foregoing, Project Participant will provide to FGU,
or its designee, annually, promptly upon its preparation, but no later than one
hundred eighty (180) days after the end of its Fiscal Year, a copy of its annual
audit and such other financial and other records as may be required by the
issuer of any credit facility or bond insurance policy or other security
instrument securing all or any part of FGU's bonds or other indebtedness.
21
(f) Project Participant further agrees to enter into a continuing
disclosure agreement or other contractual undertaking as may be reasonably
requested by FGU to provide FGU with financial and operating data relating to
the Project Participant, its System and financial condition and to provide it
with information concerning other disclosure events.
(g) Project Participant shall provide to FGU, or its designee, on a
timely basis and in such form as shall be reasonably requested by either, any
and all documents or information necessary to assure that interest on the
Bonds remains excluded from gross income for federal income tax purposes.
FGU shall have the right to audit Project Participant's records regarding the
use or resale of its Gas or Gas Entitlement Share for that purpose. In the event
of an examination of Gas Project No.2 or the Bonds by the Internal Revenue
Service, Project Participant shall provide to FGU any documents or information
needed to respond to an inquiry by the Internal Revenue Service.
SECTION 12.
Warranties.
Project Participant Covenants; Representations and
(a) Covenants. Project Participant covenants as follows:
(i) If, for any reason, the proceeds derived from the sale of
Bonds shall be insufficient for the purpose of paying Costs or for
purposes of refunding all or a part of the Bonds previously issued in
accordance with clauses (ii) and (iii) below, additional Bonds may be sold
and issued by FGU in accordance with the provisions of the Bond
Resolution at any time and from time to time.
(ii) Any such additional Bonds shall be secured by the pledge
made pursuant to the provisions of Section 13 hereof, of the payments
required to be made by Project Participant under Sections 3 and 4 of this
Agreement, and all other payments attributable to the Project to be made
in accordance with or pursuant to any other provision of this Agreement,
as such payments may be increased, decreased and/or extended by
reason of the issuance of such additional Bonds, and such additional
Bonds may be issued in amounts sufficient to pay the full amount of
such Costs referred to in clause (a) (i) above and to provide such reserves
as may be reasonably determined to be desirable. Any such additional
Bonds issued in accordance with the provisions of this Section 12 and
secured by the pledge of payments to be made in accordance with the
provisions of this Section 12 and Section 13 hereof, may rank pari passu
as to the security afforded by the provisions of this Agreement with all
Bonds theretofore issued pursuant to and secured in accordance with
the provisions of this Agreement or the Bond Resolution.
22
(iii) In the event Costs may be reduced by the refunding of any
Bonds then outstanding or in the event it shall otherwise be
advantageous to refund any Bonds, refunding Bonds may be issued and
sold in accordance with the Bond Resolution to be secured by the pledge,
made pursuant to the provisions of Section 13 hereof, of the payments
required to be made by Project Participant under Sections 3 and 4 of this
Agreement, and all other payments to be made in accordance with or
pursuant to any other provision of this Agreement, as such payments
may be increased, or decreased and/or extended by reason of the
issuance of such refunding Bonds. Any such refunding Bonds issued in
accordance with the provisions of this Section 12 and secured by the
pledge of the payments to be made in accordance with the provisions of
this Section 12 and Section 13 hereof, may rank pari passu as to the
security afforded by the provisions of this Agreement with all Bonds
theretofore issued pursuant to and secured in accordance with the
provisions of this Agreement or the Bond Resolution.
(iv) Project Participant will not take any action or omit to take
any action, which, if taken or omitted, would adversely affect the
exclusion of interest on the Bonds from gross income for federal income
tax purposes. To assure its compliance with this Section 12(a)(iv):
(A) Project Participant will not make any sales of its
Nominated Quantity of Gas to persons other than state or local
governments unless:
(1) such sale IS a retail sale to a residential
customer;
(2) such sale is a retail sale to an industrial or
commercial customer and is not made pursuant to a take or
pay contract, or a requirements contract obligating the
customer to make payments that are not contingent on its
output requirements or obligating the customer to have
output requirements.
(3) such sale is (i) pursuant to a contract having a
term, including all renewal options, not longer than 3 years
and (ii) the contract is either a negotiated, arm's-length
arrangement that provides for compensation to the Project
Participant at fair market value or is based on generally
applicable and uniformly applied rates; or
(4) prior to making the sale, the Project Participant
obtains a determination from FGU that such sale will not
23
adversely affect the exclusion of interest on the Bonds from
gross income for federal income tax purposes; and
(B) Project Participant will include in any contract with a
person purchasing all or any portion of its Nominated Quantity of
Gas a covenant that the purchaser will not resell such gas other
than in a sale described in Section 12(a)(iv)(A) or shall otherwise
notify the purchaser that it may only resell such gas in a sale
described in Section 12(a)(iv)(A).
(v) Project Participant shall (1) maintain its System in good
repair and operating condition; (2) cooperate with FGU in the
performance of the respective obligations of such Project Participant and
FGU under this Agreement, the Gas Purchase Agreement and all
Financial Instruments; and (3) establish, levy and collect rents, rates and
other charges for the products and services provided by its System,
which rents, rates, and other charges shall be at least sufficient (a) to
meet the operation and maintenance expenses of such System, (b) to
comply with all covenants pertaining thereto contained in, and all other
provisions of, any resolution, trust indenture, or other security
agreement relating to any bonds or other evidence of indebtedness issued
or to be issued by Project Participant, including, without limitation, all
deposit requirements to pay debt service, fund debt service and operating
reserves and to pay ongoing project costs hereunder, (c) to generate
funds sufficient to fulfill the terms of this Agreement and all other
contracts and agreements made by Project Participant and to fulfill its
pro rata obligations to FGU to provide funds sufficient to satisfy FGU's
obligations under the Bond Resolution, the Gas Purchase Agreement,
and Financial Instruments, and to budget, appropriate and make all
payments required hereunder in each fiscal year of Project Participant
during the term hereof, and (d) to pay all other amounts payable from or
constituting a lien or charge on the revenues of its System.
(vi) For good and valuable consideration and for the purpose of
obtaining a source of gas supply upon favorable terms and price, Project
Participant will not take any action, except as permitted by Section 25(b)
hereof which will lead to its withdrawal as a Member of FGU, and Project
Participant will not vote for or otherwise participate in any action to
dissolve or otherwise terminate the existence of FGU.
(vii) Without first securing FGU's consent, Project Participant will
only enter into Financial Instruments with respect to the Gas if all
termination payments with respect to the related Financial Products
shall be subordinate to the operation and maintenance expenses of its
System required to be paid hereunder as Costs, and to the extent that
the Costs are not payable from operation and maintenance expenses, as
24
provided by this Agreement, such termination payments with respect to
such Financial Instruments shall be subordinate to the Costs payable
under this Agreement from other sources of its System.
(viii) Unless and until it shall sell all or substantially all of its
System in accordance with the provisions of Section 25(b) hereof, Project
Participant will maintain its present existence as a public body to the full
extent permitted by its charter and other governing instruments, the
Constitution and laws of the State of Florida.
(ix) Project Participant's Annual Nominated Quantity shown on
Appendix 1 hereto does not exceed the annual average amount of Gas
during the 5-year period beginning January 1, 2001, and ending
December 31,2005:
(A) purchased (other than for resale) by customers of Project
Participant who are located within Project Participant's Service
Area and who remain customers of Project Participant as of the
date of issuance of the Bonds; or
(B) purchased to generate electricity if (1) the electricity was
either generated by Project Participant itself or another utility
owned by a governmental unit, and (2) the electricity was sold
(other than for resale) to customers of Project Participant (or the
other governmentally-owned utility) who are located within the
Service Area of Project Participant (or the other governmentally-
owned utility);
reduced by the sum of (C) the applicable share of any Gas being held in
storage or otherwise by Project Participant on the date of issuance of the
Bonds, and (D) any other Gas that Project Participant has a right or
obligation to acquire, as of the date of issuance of the Bonds, during the
Term of this Agreement. For purposes of the preceding sentence, the
"applicable share" of Gas being held on the date of issuance of the Bonds
shall be determined by allocating such Gas ratably over the number of
Contract Years during which the Project Participant will receive
Nominated Quantities of Gas. Project Participant's Annual Nominated
Quantity shown on Appendix 1 hereto may exceed the amount specified
in the preceding sentence, however, if Project Participant obtains a
determination from FGU that such larger Annual Nominated Quantity
will not adversely affect the exclusion of interest on the Bonds from gross
income for federal income tax purposes.
(b) Representations and Warranties.
represents and warrants as follows:
Project Participant hereby
25
(i) Project Participant is a Member in good standing of FGU and
has taken all actions, and executed all documents required by the
Interlocal Agreement to be a Member.
(ii) Project Participant has not entered into, nor is it a party,
directly or indirectly to, any contract, agreement or understanding,
whether oral or written, the provisions of which would or might be
breached by Project Participant's execution of this Agreement or the
performance by it of its obligations hereunder.
(iii) Project Participant is a municipality, duly organized and
validly existing under the laws of the State of Florida and in good
standing under the laws of the State of Florida, and has the power and
authority to own its properties, to carry on its business as now being
conducted, and to execute, deliver, and perform this Agreement.
(iv) The execution, delivery, and performance by Project
Participant of this Agreement have been duly authorized by all necessary
corporate action of Project Participant and do not and will not require,
subsequent to the execution of this Agreement by Project Participant, any
consent or approval of the governing body or any officers of Project
Participant, any consent or approval of any third party, or any other
governmental consents or approvals.
(v) This Agreement is the legal, valid, and binding obligation of
Project Participant, enforceable in accordance with its terms, except as
such enforceability may be subject to (1) the exercise of judicial
discretion in accordance with general principles of equity and (2)
bankruptcy, insolvency, reorganization, moratorium, and other similar
laws affecting creditors' rights.
(vi) There is no action, suit, proceeding, inquiry, or investigation
at law or in equity, before or by a court, a public board, or another body,
pending (i.e., as to which Project Participant has received service of
process) or, to Project Participant's knowledge, threatened, against or
affecting Project Participant (or, to Project Participant's knowledge, any
meritorious basis therefor) (1) attempting to limit, enjoin, or otherwise
restrict or prevent Project Participant from functioning, or contesting or
questioning the existence of Project Participant, or the titles of the
present officers of Project Participant to their offices; or (2) wherein an
unfavorable decision, ruling, or finding would (a) materially adversely
affect the existence or powers of this Agreement or any other agreement
or instrument to which Project Participant is a party and which is used
or contemplated for use in the consummation of the transactions
contemplated by this Agreement, or (b) materially adversely affect (x) the
26
financial condition or results of operations of Project Participant or (y) the
transactions contemplated by this Agreement.
(vii) The execution and delivery by Project Participant of this
Agreement and its compliance with its provisions will not conflict with or
constitute on Project Participant's part a violation of, breach of, or default
under (1) any of Project Participant's governing instruments, (2) any
Constitutional provision or statute, indenture, mortgage, lease,
resolution, note agreement, or other agreement or instrument to which
Project Participant is a party or by which Project Participant is bound, or
(3) any order, rule or regulation of any court or governmental agency or
other body having jurisdiction over Project Participant or any of its
properties.
(viii) Any certificate signed by an authorized officer of Project
Participant delivered in accordance with this Agreement or the Gas
Purchase Agreement shall be deemed a representation and warranty by
Project Participant as to the statements made therein.
(ix) To the extent Project Participant has ever incurred debt, it
has not, since December 31, 1975, been in default as to the payment of
principal or interest on any such debt.
(x) To the knowledge of the Project Participant, there has been
no material adverse change in the financial condition of the Project
Participant or its System since the end of its most recently completed
fiscal year for which audited financial statements are available, nor does
the Project Participant have current knowledge of events or
circumstances expected to occur that would have a material adverse
effect on the business affairs of the Project Participant or its System.
(xi) Project Participant has not previously defaulted under or
failed to comply with its obligations under any continuing disclosure
agreement entered into pursuant to SEC Rule 15c2-12.
SECTION 13. Pledge of Payments.
All right, title and interest of FGU in, to and under this Agreement and
all payments required to be made by Project Participant pursuant to the
provisions of Sections 3 and 4 hereof, and all other payments to be made in
accordance with or pursuant to any other provision of this Agreement, may be
pledged and assigned, in whole or in part, for the payment of Bonds, subject to
application in accordance with the provisions of the Bond Resolution or for
other such payments required to be made by FGU pursuant to the Gas
Purchase Agreement or, if permitted by the Bond Resolution, the Gas Purchase
Agreement or this Agreement, any Financial Instrument, to secure or provide
for the payment of Bonds and any other obligations of Project Participant
27
authorized by this Agreement, Financial Products or Costs, and Project
Participant hereby expressly acknowledges and consents thereto. In this
regard, the assignment and pledge may expressly provide for the order and
priority of the payment or pledge for the payment of Costs and for the payment
of the specified obligations of either FGU or Project Participants. To
accomplish the foregoing, FGU may deliver possession of this Agreement to an
agent of such assignee or pledgee in connection therewith, and, upon such
assignment and pledge, FGU may grant to such party any rights and remedies
herein provided to FGU, and thereupon any reference herein to FGU shall be
deemed, with the necessary changes in detail, to include such trustee which
shall be a third party beneficiary of the covenants and agreements of Project
Participant herein contained.
SECTION 14. Event of Default.
Failure of Project Participant to make to FGU when due any of the
payments for which provision is made in this Agreement shall constitute an
immediate default on the part of Project Participant.
SECTION 15. Continuing Obligation, Right to Discontinue Service.
In the event of any default referred to in Section 14 hereof, Project
Participant shall not be relieved of its liability for payment of the amounts in
default and FGU shall have the right to recover from Project Participant any
amount in default. In enforcement of any such right of recovery, FGU may
bring any suit, action, or proceeding in law or in equity, including mandamus,
injunction, specific performance, declaratory judgment, or any combination
thereof, as may be necessary or appropriate to enforce any covenant,
agreement or obligation to make any payment for which provision is made in or
contemplated by this Agreement or Financial Instrument, against Project
Participant, and FGU may, upon five (5) Business Days written notice to Project
Participant, cease and discontinue, either permanently or on a temporary
basis, providing all or any portion of the Gas sold hereunder or Project
Participant's Gas Entitlement Share. Unless FGU reasonably determines that
there is a valid business purpose for a delay in discontinuing the providing of
Gas or temporarily discontinuing the providing of Gas, it will give the required
written notice to Project Participant of its intent to permanently discontinue
such providing of Gas immediately upon any payment default and shall
permanently discontinue such providing of Gas immediately upon the
expiration of such notice.
SECTION 16. Transfer of Nominated Quantities Following Default.
In the event of a default by Project Participant and permanent
discontinuance of service under this Agreement pursuant to Section 15, FGU is
hereby appointed the agent of Project Participant for the purpose of disposing
28
of Project Participant's Nominated Quantities of Gas and as such agent, FGU
shall proceed to dispose of the defaulting Project Participant's Nominated
Quantities of Gas as follows:
(a) FGU shall, as soon as reasonably practical, terminate any spot,
short term or terminable supply of Gas that Project Participant may otherwise
have the right to receive from FGU that Project Participant has not otherwise
paid for.
(b) FGU shall then, with respect to long term or non-terminable Gas,
pursuant to the Gas Purchase Agreement and this Agreement, offer to transfer
to all other nondefaulting Project Participants, a pro rata portion of the
defaulting Project Participant's Nominated Quantities of Gas which shall have
been discontinued by reason of such default. Any part of such Nominated
Quantities of Gas of a defaulting Project Participant which shall be declined by
any nondefaulting Project Participant shall be reoffered pro rata to the
nondefaulting Project Participants which have accepted in full the first such
offer; such reoffering shall be repeated until the defaulting Project Participant's
Nominated Quantities of Gas has been reallocated in full or until all
nondefaulting Project Participants have declined to take any portion or
additional portion of the defaulting Project Participant's Nominated Quantities
of Gas.
(c) In the event less than all of a defaulting Project Participant's
Nominated Quantities of Gas shall be accepted by the other nondefaulting
Project Participants, pursuant to clause (b) above, FGU shall, to the extent
permitted by law, use its reasonable best efforts to sell the remaining portion of
a defaulting Project Participant's Nominated Quantities of Gas for the
remaining term of the defaulting Project Participant's Gas Supply Agreement
with FGU. The purchasers shall be reasonably acceptable to any credit
provider with respect to the Bonds, and the agreement for such sale shall
contain such terms and conditions as will not adversely affect the security for
the Bonds afforded by the Gas Supply Agreement of such defaulting Project
Participant, including provisions for discontinuance of service upon default and
as are otherwise acceptable to FGU, and such purchases shall, in the
determination of FGU, not adversely affect the exclusion from gross income for
federal income tax purposes of interest on the Bonds; in the event of default
and discontinuance of service under such agreement, the Project Participant's
Nominated Quantities of Gas sold pursuant to such agreement shall be offered
and transferred as provided for defaulting Project Participants in this Section
16.
(d) Any portion of the Nominated Quantities of Gas of a defaulting
Project Participant transferred pursuant to this Section to a nondefaulting
Project Participant in accordance with clauses (b) and (c) above, shall become a
part of and shall be added to the Nominated Quantities of Gas of each
29
transferee Project Participant effective on and as of the date of transfer, and the
transferee Project Participant shall be obligated to pay for its Gas Entitlement
Share increased as aforesaid, as if the Gas Entitlement Share of the transferee
Project Participant in the Gas Supply Agreement with FGU had been stated
originally to increase as aforesaid on the effective date of the transfer.
(e) In the event less than all of a defaulting Project Participant's
Nominated Quantities of Gas shall be sold or transferred pursuant to the
foregoing clauses of this Section 16, FGU shall, to the extent permitted by law,
use its reasonable best efforts to sell the remaining portion of a defaulting
Project Participant's Nominated Quantities of Gas on such terms and
conditions as are acceptable to FGU and that will not adversely affect the
exclusion from gross income for federal income tax purposes of interest on the
Bonds, including sales made by the Gas Supplier as may be directed by FGU.
The defaulting Project Participant shall remain liable for all payments to
be made on its part pursuant to this Agreement, except that the obligation of
the defaulting Project Participant to pay FGU shall be reduced to the extent
that payments shall be received by FGU for that portion of the defaulting
Project Participant's Gas Entitlement Share which may be transferred or sold
as provided in this Section 16.
Each nondefaulting Project Participant shall be obligated to pay its
Default Share; provided, however, each such nondefaulting Project Participant
is here by expressly made a third party beneficiary of this Agreement and as
such shall have a direct cause of action against such defaulting Project
Participant for the amount of damages suffered as a result of such default. At
a nondefaulting Project Participant's request, FGU shall take such enforcement
actions as FGU deems reasonably appropriate to enforce Project Participant's
obligations hereunder, or shall reasonably cooperate with such nondefaulting
Project Participant in any action brought by such nondefaulting Project
Participant against the defaulting Project Participant, in each case, upon the
receipt of an indemnification agreement satisfactory to FGU of any costs and
expenses it may incur in connection with such action.
SECTION 17. Other Default by Project Participant.
In the event of any default by Project Participant under any other
covenant, agreement or obligation of this Agreement other than Section 14
hereof, which shall be governed by Sections 15 and 16 hereof, FGU may bring
any suit, action, or proceeding in law or in equity, including mandamus,
injunction, specific performance, declaratory judgment, or any combination
thereof, as may be necessary or appropriate to enforce any covenant,
agreement or obligation of this Agreement against Project Participant. Such
remedies shall be in addition to all other remedies provided for herein.
30
SECTION 18. Default by FGU.
In the event of any default by FGU under any covenant, agreement or
obligation of this Agreement, Project Participant's remedy for such default shall
be limited to mandamus, injunction, action for specific performance or any
other available equitable remedy designed to enforce any covenant, obligation
or agreement of FGU hereunder as may be necessary or appropriate.
SECTION 19. Abandonment of Remedy.
In case any proceeding taken on account of any default shall have been
discontinued or abandoned for any reason, the parties to such proceedings
shall be restored to their former positions and rights hereunder, respectively,
and all rights, remedies, powers and duties of FGU and Project Participant
shall continue as though no such proceedings had been taken.
SECTION 20. Waiver of Default.
Any waiver at any time by either FGU or Project Participant of its rights
with respect to any default of the other party hereto, or with respect to any
other matter arising in connection with this Agreement, shall not be a waiver
with respect to any subsequent default, right or matter.
SECTION 21. Relationship to and Compliance with Other Instruments.
(a) It is recognized by the parties hereto that FGU, in undertaking, or
causing to be undertaken, the planning, acquisition, and supply of Gas
hereunder, may be required to comply with the applicable requirements of the
Bond Resolution, the Gas Purchase Agreement, the Financial Instruments and
all licenses, permits and regulatory approvals necessary therefor, and it is
therefore agreed that the performance of FGU under this Agreement is made
subject to the terms and provisions of the Bond Resolution, the Gas Purchase
Agreement, Financial Instruments and all such licenses, permits and
regulatory approvals.
(b) FGU covenants and agrees to use commercially reasonable efforts
for the benefit of Project Participant to comply in all material respects with all
terms, conditions and covenants of the Gas Purchase Agreement and all
licenses, permits and regulatory approvals relating thereto. FGU shall
diligently pursue all rights and remedies set forth in the Gas Purchase
Agreement and Project Participant shall fully cooperate with FGU in such
endeavor, perform such obligations as may be required by Project Participant
to enable FGU to do so, and pay all of the Costs for which it shall be obligated
hereunder.
31
SECTION 22. Measurement of Gas.
All Gas delivered hereunder shall be metered at the Point(s) of Delivery
by meters operated by Transporter, or as the parties shall otherwise agree.
SECTION 23. Liability of Parties.
(a) Except as otherwise herein provided, FGU and Project Participant
shall each assume full responsibility and liability for the maintenance and
operation of their respective properties and each shall, to the extent permitted
by law, indemnify and save harmless the other from all liability and expense on
account of any and all damages, claims, or actions, including injury to or death
of persons arising from any act or accident in connection with the installation,
presence, maintenance and operation of the property and equipment of the
indemnifying party and not caused by the negligence of the other party;
provided that any liability which is incurred by FGU hereunder and not
covered, or not covered sufficiently, by insurance shall be paid solely from the
revenues of FGU derived from sales of Gas and other services under this
Agreement, and any payments made by FGU, or which FGU is obligated to
make, to satisfy such liability shall become a part of Costs. The
indemnification provided for herein shall include any liability or obligations for
which FGU is obligated to indemnify the Gas Supplier under the Gas Purchase
Agreement.
(b) For purposes of any indemnification under this Section 23,
( 1 ) promptly after the party seeking indemnification (the
"Indemnified Party") learns of any event or circumstance, including,
without limitation, any claim or assertion by a third party that, in the
judgment of the Indemnified Party, may give rise to a claim for
indemnification hereunder (each such claim being referred to as a "Loss"
and collectively as "Losses"), the Indemnified Party shall deliver to the
party from which indemnification is sought (the "Indemnifying Party") a
certificate (the "Certificate"), which Certificate shall:
(i) state that the Indemnified Party has incurred or
anticipates that it will incur a Loss for which such Indemnified
Party is entitled to indemnification pursuant to this Agreement;
and
(ii) specify in reasonable detail each individual item of
Loss included in the amount so stated, the date such item arose or
was incurred, the basis for any anticipated Loss or Losses and the
nature of the claim to which the Loss is related and the
computation of the amount to which such Indemnified Party
claims to be entitled hereunder;
32
provided, however, that any failure or delay by the Indemnified Party in
delivering a Certificate to the Indemnifying Party shall not affect the
Indemnified Party's right to indemnification under this Section 23, except
to the extent that the Indemnifying Party is able to establish damages
resulting directly from such failure or delay.
(2) If the Indemnifying Party objects to the claim for the
indemnification by an Indemnified Party in respect of any Loss, the
Indemnifying Party shall, within thirty (30) days after receipt by the
Indemnifying Party of such Certificate, deliver to the Indemnified Party a
written notice to such effect and the Indemnifying Party and the
Indemnified Party shall, within such 30-day period beginning on the date
of receipt by the Indemnified Party of such written objection, attempt in
good faith to agree upon the rights of the respective parties with respect
to each of such claim to which the Indemnifying Party shall have so
objected. If the Indemnified Party and the Indemnifying Party shall
succeed in reaching agreement on their respective rights with respect to
any of such claims, the Indemnified Party and the Indemnifying Party
shall promptly prepare and sign a memorandum setting forth such
agreement.
(3) Notwithstanding any provIsIOn hereof, if any claim for any
Loss is asserted against FGU hereunder, FGU may, at its option, assume
the defense of the Indemnified Party against such claim or may
undertake any remedial action required in connection therewith or both
(including the employment of counsel, and the payment of expenses),
provided, however, that any failure or delay by the Indemnified Party in
delivering such written notification to FGU of any such occurrence, event
or circumstance, other than the filing of any such claim, action or
proceeding, shall not affect the Indemnified Party's right to
indemnification under this Section 23, except to the extent that FGU is
able to establish its damages resulting directly from such failure or delay.
(4) Until the Indemnifying Party shall have assumed the defense
of the Indemnified Party against such claim following the delivery of such
notice, the Indemnified Party may, but shall not be obligated to,
undertake the defense of such claim on behalf of and for the account and
risk of the Indemnifying Party, and if such Indemnified Party is entitled
to indemnification under this Section 23, all legal or other expenses
reasonably incurred by the Indemnified Party shall be borne by the
Indemnifying Party.
(5) Any Indemnified Party shall have the right to employ
separate counsel in any such action or claim and to participate in the
defense thereof, but except with respect to FGU, the fees and expenses of
such counsel shall not be at the expense of the Indemnifying Party
33
unless (!) the Indemnifying Party shall have failed, within ten (10)
Business Days after having been notified by the Indemnified Party of the
existence of such claim as provided in the preceding sentence, to assume
the defense of such claim or to notify the Indemnified Party in writing
that it will assume the defense of such claim, or (li) the employment of
such counsel has been specifically authorized in writing by the
Indemnifying Party, and in each case above, FGU whether as an
Indemnifying Party or an Indemnified Party shall have the right to
assume full control of the defense of the claim or Loss in the manner
provided below.
(6) An appealable final judgment will not gIVe rise to an
indemnification payment obligation if and only to the extent that the
Indemnifying Party diligently undertakes an appeal of such final
judgment and posts a supersedeas bond or takes other action which
prevents the execution of the final judgment pending the appeal.
Notwithstanding the foregoing (x) any liability or Loss incurred by FGU
hereunder shall be paid in the manner provided above from the revenues
of FGU derived from sale of Gas or other services hereunder, as a part of
Costs; (y) FGU shall in all events, at its option, have the right to assume
the defense of any claim for any Loss whether against the Indemnifying
Party or as an Indemnified Party and shall be entitled to be reimbursed
for the full amount of any such costs of defense including fees and
expenses of counsel in trial or on appeal; and (z) as a part of its control of
the defense of any claim for Loss, FGU shall have the full right and
authority to compromise or settle any such claim or Loss for and on
behalf of and for the account and risk of the Indemnifying Party, the
Indemnified Party and/ or itself.
(7) After any such claim has been filed or initiated, each party
shall make available to the other and its attorneys and accountants all
pertinent information under its control relating to such claim which is
not confidential or proprietary in nature or which is made available
under the terms of a confidentiality agreement or is delivered or obtained
under appropriate protective orders satisfactory to such party and the
parties agree to render to each other such assistance as they may
reasonably require of each other in order to facilitate the proper and
adequate defense of any such claim.
(8) In no event shall the indemnification obligations of the
Indemnifying Party under this Section 23, whether based on contract,
warranty, tort (including negligence), strict liability or otherwise, extend
to or include special, incidental, consequential or punitive damages of
any kind whatsoever, except to the extent that the Indemnified Party is
obligated to pay any of such damages to a third party under any claim
for which such indemnification is sought.
34
SECTION 24. Sale of Project Participant's Excess Nominated Quantity.
In the event Project Participant shall determine that all or any part of the
Gas which can be supplied from Project Participant's Nominated Quantity of
Gas is in excess of the requirements of Project Participant, at the written
request of Project Participant, FGU will thereby be appointed as Project
Participant's agent for the purpose of the Project Participant's Nominated
Quantity of Gas and shall use commercially reasonable efforts to sell and
transfer on behalf of such Project Participant for any period of time all or any
part of such excess Gas to such other Project Participant or Project
Participants as shall agree to take such excess Gas, at such prices as may be
agreed to, provided, however, that in the event the other Project Participants do
not agree to take the entire amount of such excess, FGU shall have the right, to
the extent permitted by law and this Agreement, to dispose of such excess to
other parties, including sales made by the Gas Supplier as may be directed by
FGU. Project Participant's Nominated Quantity of Gas and/or Gas Entitlement
Share and resulting payments required hereunder shall not be reduced on
account of such sale, and Project Participant shall remain liable to FGU to pay
the full amount due as if such sale had not been made; except that such
liability shall be discharged to the extent that FGU shall receive payment for
such Gas from the purchaser or purchasers thereof and any net amounts
received by FGU as payment for such sale of excess Gas which is greater than
the liability owed by Project Participant to FGU in respect of such excess Gas
shall be credited by FGU to Project Participant on a subsequent invoice to
Project Participant. Notwithstanding the foregoing, if another Project
Participant or Project Participants, each of equal or greater credit quality as
Project Participant to whom all of such Nominated Quantity of Gas shall be
sold shall agree to assume Project Participant's obligations under this
Agreement and include such Nominated Quantity of Gas as a part of each such
other Project Participant's Gas Entitlement Share hereunder for the remaining
term of this Agreement, Project Participant may be released from any further
obligations or liabilities with respect to this Agreement, except for any
obligations or liabilities which shall have accrued prior to such sale and except
with respect to its obligations of indemnity pursuant to Section 23 hereof. In
exercising its rights under this Section 24, neither FGU nor Project Participant
shall take any action or fail to take any action which would adversely affect the
exclusion from gross income for federal income tax purposes of interest on any
tax-exempt bonds of FGU, from the gross income of the holders thereof and/or
Project Participant.
SECTION 25. Assignment of this Agreement; Sale of Project Participant's
System.
(a) This Agreement shall inure to the benefit of and shall be binding
upon the respective successors and assigns of the parties to this Agreement;
provided, however, that, except as provided in Section 16 hereof, in the event of
35
a default, except for the assignment and pledge authorized by Section 13 hereof
and, except for the sale or assignments authorized by Section 24 and
paragraph (b) of this Section 25, neither this Agreement nor any interest herein
shall be transferred or assigned by either party hereto except with the consent
in writing of the other party hereto.
(b) Project Participant agrees that, except as otherwise provided
herein, it will not sell, lease, abandon or otherwise dispose of all or
substantially all of its System except upon ninety (90) days prior written notice
to FGU and, in any event, will not sell, lease, abandon or otherwise dispose of
the same unless the following conditions are met: (i) Project Participant shall,
subject to the terms and conditions of the Gas Purchase Agreement, assign this
Agreement and its rights and interest hereunder to the purchaser or lessee of
said System, if any, and any such purchaser or lessee shall assume all
obligations of Project Participant under this Agreement and shall have the
financial capacity to do so; (ii) FGU shall be permitted by then applicable law to
sell Gas to said purchaser or lessee, if any; and (iii) FGU shall by appropriate
action determine, in its sole discretion, that such sale, lease, abandonment or
other disposition will not adversely affect FGU's ability to meet its obligations
under the Gas Purchase Agreement or the Bond Resolution and will not
adversely affect the value of this Agreement as security for the payment of
Bonds and interest thereon or the Gas Purchase Agreement, or affect the
exclusion from gross income of interest on the Bonds for federal income tax
purposes or the exclusion of such interest as to bonds or other obligations
which could be issued in the future.
Notwithstanding the foregoing, but subject to the provIsIOns of
clause (iii) above, Project Participant may sell, lease, abandon or otherwise
dispose of all or substantially all of its System and may assign this Agreement
and its rights and interests hereunder upon the payment of sufficient funds, as
determined by FGU, to cause the purchase of a pro rata part of the outstanding
Bonds equal to Project Participant's remaining Nominated Quantity to the
aggregate Nominated Quantity of all Project Participants remaining to be
delivered under this Agreement. Project Participant and its successor shall,
however, remain liable for all ongoing Monthly Costs to the extent such Costs
are not offset by the corresponding allocable payments received by FGU under
the Calyon Hedge Agreement and the net proceeds received by FGU from the
remarketing of Project Participant's Nominated Quantity for such Month. If
such revenues exceed Project Participant's Monthly Costs, the difference will be
remitted to Project Participant monthly in accordance with the Pricing Policy.
(c) Project Participant, in making or accepting such assignment, shall
agree to assume any costs incurred in reporting the assignment as a "material
event" or such other event pursuant to the Rule or any successor provision, or
any law, judicial decision, regulation, rule or policy now or hereafter imposed
by the United States of America, the State of Florida, or any political
36
subdivision or agency of either having jurisdiction over such matters, requiring
any such reporting.
(d) Notwithstanding any other provIsIOn of this Section 25, Project
Participant agrees that it will not assign or transfer any of its rights hereunder
without first obtaining and delivering to FGU and the bond trustee serving as
such under the Bond Resolution, an opinion of counsel nationally recognized
as experts on the subject of municipal bonds and acceptable to the Trustee and
FGU, to the effect that such transfer will not cause interest on the Bonds to be
includable in gross income of the holders thereof for federal income tax
purposes.
SECTION 26. Termination or Amendment.
(a) This Agreement shall not be terminated by either party under any
circumstance, whether based upon the default of the other party under this
Agreement or any other instrument or otherwise except as specifically provided
in this Agreement.
(b) This Agreement shall not be terminated, amended, modified, or
otherwise altered in any manner that will adversely affect the security for any
obligations authorized by FGU afforded by the provisions of this Agreement
upon which the owners from time to time of the Bonds shall have relied as an
inducement to purchase and hold the Bonds or enter into the Gas Purchase
Agreement, so long as any of the Bonds or such obligations or the obligations
of the Gas Purchase Agreement or Financial Instruments entered into by FGU,
in its name, or on behalf of some or all of Project Participants shall rely
thereupon. So long as any of such obligations are outstanding or until
adequate provisions for the payment thereof have been made in accordance
with the provisions of the instruments authorizing such obligations, this
Agreement or Financial Instruments, shall not be terminated, amended,
modified, or otherwise altered in any manner which will reduce the payments
pledged as security for such obligations or extend the time of such payments
provided herein or which will in any manner impair or adversely affect the
rights of the owners from time to time of such obligations.
(c) No Gas Supply Agreement entered into between FGU and another
Project Participant may be amended so as to provide terms and conditions
substantially different from those herein contained, except upon written notice
to and written consent or waiver by each of the other Project Participants, and
upon similar amendment being made to the Gas Supply Agreement of any
other Project Participants requesting such amendment after receipt by such
Project Participant of notice of such amendment. In such event, no such
amendment shall cause any increase in Costs or other increased obligations or
burdens to those Project Participants who do not sign substantially similar
amendments.
37
(d) It is recognized by FGU and Project Participant that in the future,
events, circumstances or conditions may arise which, in FGU's reasonable
judgment, will require certain revisions to the provisions of Sections 5, 6 and 7
hereof. In such event, FGU and Project Participant agree to negotiate in good
faith and amend such provisions to reflect conditions prevailing at such times,
provided that such amendments shall not (i) adversely affect the payment of
Debt Service on the Bonds or the obligations of FGU under the Gas Purchase
Agreement or any Financial Instrument, and (ii) in the opinion of FGU's then
existing bond counsel, adversely affect the exclusion of interest on the Bonds
from gross income for federal income tax purposes.
SECTION 27. Force Majeure.
(a) In the event that either FGU or Project Participant ("Party" or
"Parties"), is rendered unable, wholly or in part, by force majeure to carry out
its obligations under this Agreement or any subsequent service agreement
between the Parties contemplated herein, other than the obligation of Project
Participant to make payments due hereunder, including the payment of Costs
and other amounts due under Sections 3 and 4, it is agreed that with respect
to the Gas Supplier, the terms and provisions of the Gas Purchase Agreement
shall apply, and with respect to this Agreement, upon such Party giving notice
and full particulars of such force majeure in writing to the other Party as soon
as possible after the occurrence of the cause relied on, then the obligations of
the Party giving such notice (other than the obligation to make payments due),
so far as they are affected by such force majeure, shall be suspended during
the continuance of any inability so caused but for no longer period, and such
cause shall as far as possible be remedied with all reasonable dispatch. It is
further agreed that except for the obligation to make payments due, neither
FGU nor Project Participant shall be liable to the other for any damage
occasioned by force majeure.
(b) In the event of any nonperformance caused by any of the forces
described in clause (c), the Party affected shall within twenty-four (24) hours
promptly notify the other Party verbally, and within two (2) Business Days of
nonperformance, provide the other Party with written confirmation of the
nature, cause, date of commencement and anticipated extent of such
non performance.
(c) The term "force majeure" shall have the meaning as set forth in the
Gas Purchase Agreement, to the extent applicable to the parties hereto, and as
employed in this Agreement shall also include acts of God, strikes, lockouts, or
other industrial disturbances, acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
storms, floods, freezes, washouts, arrests and restraints of governments and
people, civil disturbances, explosions, breakage or accidents to machinery or
lines of pipe, the necessity for making repairs or alterations to machinery or
38
lines of pipe (other than regularly scheduled or routine maintenance), freezing
of wells or lines of pipe, planned or unplanned outages, disruptions or
curtailments by Transporter, Project Participant or other parties in the
transportation of the Gas, partial or entire failure of source of supply, acts of
civil or military authority (including, but not limited to, courts or administrative
or regulatory agencies), and any other similar or related cause, whether or not
enumerated herein, and whether caused or occasioned by or happening on
account of the act or omission of FGU or Project Participant or any other
person or concern, not reasonably within the control of the Party claiming
suspension and which by the exercise of due diligence such Party is unable to
prevent or overcome; such term shall likewise include, without limitation;
(1) in those instances where either Party is required to obtain
servitude, rights of way grants, permits or licenses to enable such Party
to fulfill its obligations hereunder, the inability of such Party to acquire,
or the delays on the part of such Party in acquiring, at reasonable cost
and after the exercise of reasonable diligence, such servitude, rights of
way grants, permits or licenses; and
(2) in those instances where either Party is required to furnish
materials and supplies for the purpose of constructing or maintaining
facilities or is required to secure grants or permissions from any
governmental agency to enable such Party to fulfill its obligations
hereunder, the inability of such Party to acquire, or the delays on the
part of such Party in acquiring, at reasonable cost and after the exercise
of reasonable diligence, such materials and supplies, permits and
permISSIOns.
(d) The settlement of strikes or lockouts shall be entirely within the
discretion of the Party having the difficulty, and the above requirement that
any force majeure shall be remedied with all reasonable dispatch shall not
require the settlement of strikes or lockouts by acceding to the demands of the
opposing Party when such course is inadvisable in the discretion of the Party
having the difficulty.
(e) If a force majeure, including a force majeure applicable to FGU
under the Gas Purchase Agreement, prevents or curtails FGU's delivery of Gas,
FGU shall use commercially reasonable efforts to locate and make available to
Project Participant at its request, Gas from an alternative source at the then
prevailing prices as FGU may reasonably determine, until the force majeure
affecting the supply of Gas has ended.
(f) Consistent with Section 4(d), except as otherwise provided in
Section 3(c) hereof, a force majeure affecting the supply of Gas or its
transportation or delivery to Project Participant shall not relieve Project
Participant of its payment obligations under this Agreement including, without
39
limitation, its obligations under Section 3 and the payment for any replacement
Gas, at the then prevailing price.
SECTION 28. Project Participant Representative.
Project Participant shall appoint from time to time by motion or
resolution of its governing body and provide to FGU evidence thereof, and
written notice of the name, mailing address, telephone number and facsimile
transmission number of one or more employees or agents with authority to
give instructions required by this Agreement and otherwise exercise decisions
by Project Participant required under this Agreement (the "Project Participant
Represen tative") .
(a) Project Participant Representative, or its designee as provided
below, shall represent Project Participant in giving and receiving notices and
directives regarding the routine operational decisions, which decisions may be
relied upon by FGU and shall be contractually binding upon Project
Participant.
(b) Project Participant Representative may also, if so stated, represent
Project Participant in giving and receiving notices, Directives, taking actions or
making decisions required or that may be exercisable under this Agreement or
Financial Products provided by any Financial Instrument hereunder, in each
case, for and on behalf of Project Participant. Such Financial Products may
involve those risks and have characteristics similar to those set forth in Exhibit
A hereto. The decisions of Project Participant Representative may be relied
upon by FGU and such action and the due authorization, execution and
delivery of such Directives shall be contractually binding upon Project
Participant.
(c) Project Participant Representative may from time to time designate
an operational representative to discharge its duties and obligations as set
forth in subsection (1) above.
(d) Notices and directives between Project Participant Representative,
its designee, and FGU may be transmitted orally when not required to be in
writing, provided that all such notices and directives shall be promptly
confirmed by a written notice as authorized by this Agreement.
SECTION 29. Notice and Computation of Time.
Any notice or demand under this Agreement shall be in writing, and shall
be deemed given in writing and properly given if sent by (i) telegraphic, cable or
wireless transmission (including by telecopy, facsimile, e-mail or other
electronic transmission, with appropriate hard copy being made available) or
(ii) delivery to an overnight courier or delivery service company in a sealed
prepaid wrapper, or (iii) certified mail, postage prepaid, in each case to the
40
number or address set forth below, or to such other number or address as a
party hereto may give the other by notice given in accordance with the
provisions in this section.
To FGU:
Florida Gas Utility
Attn: General Manager
4619 NW 53rd Avenue
Gainesville, Florida 32606
To Project Participant:
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater. F: 33855
Attention: Mr. Brian Langille
Unless otherwise specified herein, a notice is considered effectively given when
it is received by the intended recipient, or when the intended recipient refuses
delivery. If a notice is mailed by certified mail, or sent by courier or delivery
service, to the address of the intended recipient specified above (or such other
address as the intended recipient has previously specified in a written notice
pursuant to the provisions hereof), the notice shall be presumed to have been
received or refused by the intended recipient on the date indicated on the
receipt or return invoice.
SECTION 30. Applicable Law; Construction.
This Agreement is made under and shall be governed by the laws of the
State of Florida. Headings herein are for convenience only and shall not
influence the construction hereof.
SECTION 31. Severability.
If any section, paragraph, clause or provision of this Agreement shall be
finally adjudicated by a court of competent jurisdiction to be invalid, the
remainder of this Agreement shall remain in full force and effect as though
such section, paragraph, clause or provision or any part thereof so adjudicated
to be invalid had not been included herein.
(Remainder of page intentionally left blank.)
41
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their proper officers respectively, being thereunto duly
authorized, and their respective seals to be hereto affixed, as of the day and
year first above written.
FLORIDA GAS UTILITY
By:
Joe Cone, Chair
Attest:
By:
Katrina R. Vaughan, Secretary
(Seal)
CITY OF CLEARWATER, FLORIDA
ATTEST:
By:
City Manager
Mayor-Commissioner
(SEAL)
Approved as to form:
Attest:
By:
By:
City Attorney
City Clerk
# 3726533_v2
42
Exhibit A
CHARACTERISTICS OF FINANCIAL PRODUCTS
1. Types of Financial Products. The General Manager of FGU,
in accordance with the Derivatives Policy adopted by the Board of FGU from
time to time, may approve, and Project Participant Representative shall approve
on behalf of Project Participant, Financial Products which may consist of one or
more of the following (including combinations thereof), without limitation:
(a) Swaps and swap options or swaptions, pursuant to which (i)
the price of a commodity is converted from a fixed price to a floating price, a
floating price to a fixed price, or from one floating price to another or (ii) the
interest rate on debt issued to acquire or prepay the cost of Gas or interests
therein may be synthetically converted from a floating rate to a fixed rate, or a
fixed rate to a floating rate or from one floating rate to another.
(b) Options or Forwards, pursuant to which a commodity can be
purchased or sold for future delivery on an optional or committed basis and on
a physical or cash -settled basis;
(c) Caps. Floors or Collars, pursuant to which the price of a
commodity can be limited to a maximum price, a minimum price, or a range
between a maximum and a minimum price and the interest rate on debt may
be limited to a maximum rate, a minimum rate on a range between a maximum
and minimum rate;
(d) Futures Contracts or Options on Futures Contracts,
pursuant to which a commodity can be purchased or sold for future delivery on
a committed or optional basis, and on a physical or cash-settled basis, through
exchange traded and regulated transactions;
(e) Other Hedges, pursuant to which the price or price
fluctuations of a commodity, interest rates on debt used to prepay or finance
the acquisition of a commodity or interests therein, or to the creditworthiness
of a gas supplier or counterparty, can be established or mitigated, either in
whole or in part, so as to reduce risk; and
(f) Combinations, including any combination of the foregoing.
For purposes hereof, a "commodity" includes, without limitation, natural gas of
any kind (in place or delivered) and any precursor or by-product of natural gas.
2. Terms of Financial Products. Financial Products may be (i)
established and regulated pursuant to the rules and regulations of exchanges
upon which such products trade or (ii) be documented and evidenced by
written financial contracts between the parties thereto pursuant to forms of
agreements established by industry associations, including, without limitation,
the International Swaps and Derivatives Association, Inc. (ISDA), such as
Exhibit A - Page 1
ISDA's various forms of Master Agreement (inclusive or any schedule or
supplement, credit support document, and confirmations related thereto).
3. Risks assumed in Financial Products. Inherent in Financial
Products will be a variety of risks including, without limitation, the following:
(a) Credit risks, including the risk that adverse financial
changes occur with respect to a gas supplier, a counterparty, an exchange, or a
clearinghouse (including bankruptcy) that would tend to reduce or negate the
benefit of the Financial Product.
(b) Pricing risks, including the risk of not obtaining the best or
most favorable price available for the Financial Product due to market
conditions, lack of pricing liquidity or transparency, and macroeconomic
events.
(c) Basis risks, including the risk that the Financial Product is
not a complete or effective hedge with respect to a commodity, its price or the
interest rate paid on debt.
(d) Termination risks, including the risk that the Financial
Product must or should be liquidated or terminated early in light of the terms
of the Financial Product, which, in turn, may result in a significant payment
by, or loss to, a party due to then current market conditions, even though the
party's actions did not cause or trigger the termination. Termination can occur
because of a number of factors, including (i) a failure of a party to perform its
obligations (whether related to payment, delivery, providing collateral or
margin, or otherwise) under the terms of a Financial Product or some other
agreement to which the Financial Product refers (which may include the default
by other Project Participants whose payments are intended in part to make
required payments under the hedge agreements), (ii) the misrepresentation of a
party to a Financial Product, (iii) cross defaults, (iv) the bankruptcy, or decline
in the creditworthiness, of a party to a Financial Product, (v) the determination
that a Financial Product is illegal or unenforceable whether due to a change in
law or regulation or otherwise, and (vi) other factors. Following a termination,
a party can be unhedged unless it terminates the transaction or commodity
being hedged or establishes a new hedge.
(e) Operating risks, including the risk that the Financial
Product may increase costs or present new or unusual accounting, tax or
operating difficulties that require adaptation of existing systems, processes and
policies.
(f) Legal risks, including the risk that the Financial Product is
unenforceable (whether due to a change in law or regulation or otherwise) or is
not adequately documented to reflect the parties' agreement.
Exhibit A - Page 2
# 3726533_v2
Exhibit A - Page 3
Exhibit B
DESCRIPTION OF SYSTEM
(including gas burning, distribution facilities or other operations)
The City of Clearwater, Florida was incorporated in 1923 by Chapter 9710,
Special Laws of Florida, as amended. The Clearwater Gas System (CGS) is owned
and operated as an enterprise utility by the City of Clearwater. CGS operates
over 750 miles of underground gas main and handles the supply and distribution
of both natural and propane (LP) gas throughout northern Pinellas County and
western Pasco County. As a "full service" gas utility, CGS provides gas appliance
sales and service, installation of inside customer gas piping, domestic and
commercial gas equipment service, construction and maintenance of
underground gas mains and service lines, and 24 hour response to any gas
emergency call within the service area. The Clearwater Gas System is regulated
for safety by the Florida Public Service Commission and the Federal Department
of Transportation.
CGS has been serving customers in the Clearwater area for over 83 years (since
1923) when operations were begun with a manufactured gas plant operation
from coal and coke. In 1959, when natural gas transmission lines were finally
extended to peninsula Florida, CGS discontinued the manufacturing of gas and
began receiving piped natural gas from Florida Gas Transmission.
Clearwater Gas System serves over 18,500 customers in a 330 square mile
service territory, which includes 18 municipalities as well as the unincorporated
areas of north and central Pinellas County and western Pasco County. The
Pinellas County service territory is 181 square miles and extends generally from
Ulmerton and Walsingham Roads on the South to the Pasco County line on the
North and from the Gulf of Mexico on the West to the Hillsborough County line
on the East. This includes all of the Pinellas beach communities south to
Redington Beach. The Pasco County service territory is 149 square miles and
extends from the Gulf of Mexico on the West inland about 10 miles to just West
of State Road 41 and Land 0' Lakes (generally along the right-of-way for the
proposed North Suncoast Parkway) and from the Pinellas and Hillsborough
County lines on the South to generally State Road 52 on the North.
Clearwater Gas System prides itself in being a competitive and public service-minded utility,
making economical and environmentally-friendly gas, which is made in America, available in our
community for all of the homes and businesses in our service area, with special focus on the
residential customers who make up nearly 88% of our customer base.
Exhibit B - Page 1
CItV 01 OIeerwater, F1Qf1da
Ststam8J1t of R8\t8tluel, &penna, .nd ChangN In Fund Net Aam.
PfQpfIatmy Fund.
F:cr1he Year Ended Sa~r ao. 3llO5
Oper'dng rwenues:
Selea to CU8tOmeI'6
~~t(I-(lI,J$IO:mElI'$"
User dlargea to custametll
BlII~ to depaTtmenls
AQI'IblJa
Tote'~ revelIlJelJ
Buslneu-type
EnterpriSlll
w.Ier
IInd ..... Gal 80IId W_
UI:*y UlIlIt\' UOIJtY
$. 44.7(17..8ti2 $; 3M41.ooa s. ttl,291,306
493.748 1 .556,.629 74.620
45.201,400 31.19M36 16,365,Q2S
8.363.131 4.885,01 0 6.356.5e6
6,329,627 18,962,349 S02
3,9f1'5,.456 17iM80 S88.2S6
862,411 U4,OM 2.-.04,137
2,149,886 93.318 76.909-
5.298,495
e.o21,765 1.508;448 26G,3e3
~2fiIJ.240 1,943,040 1,15El,e50
2,402,148 231,081 11,S14
539.180 1.749-
150,733 1,ft,388 62,350:
221,340 U'9.660 1-49.73J
2,6Sl,6S7 212,848 156,718
60.856 2.eJ$
342,627 1Q6,229 31.425-
~EI2O Sl)1 ,S2O 111l,1SO
2, 174.044
61,fi90 48,002 35
8,204.543 4,O(l2,2M ro2;m
38,265,D3l;l 32.0&1,956 15A60.665
8,936.361 5,108.679 &011,281
0pemIng: explInaIlSl
P<<8<IoaJ ~
PUl'Cha&88 lor reaale
Op$ratIng f1I81ell8ls and $I4IPI!&ll
Tran&portatlon
Ullity ~
Oumping c/wgN
0epI:vcIatI0n
Il"UIrfund lIdmrrle.lr8llV8 c:Ilarg8lJI
Olhtlrcu~~;
?rofealanal fHi,
Advertl!lng
Cotrmunic8llcln:l
Pmlln;. and bh:!1ng
1ns!lllil'lOll
RepaIrs and mafrltenence
RentaJe.
IvIlscil!an&ol.l!l
oem. proceang chsrvoo
Tal(e$
Pl'O'I/tslon for edne.1ed uncoIIectabl& a<<:ounl&
TataI other oorrerrt"chergBS
TGblI ~ Rqlli(Il8II
(lpliKdrtg ~mlil ~)
'Tb& .not&fIlo lh8 inancig~ sIlII:8rnlinIs ant an Iriega~ part af tIlill" smiliment.
:30
2
CIty ofae.wder, Rodda
Statement of Reven.-, ExpenHs, and Chan(JH in Fund Net AHeI8 (Con&1ued)
proprietary Funca.
For the YMr Ended September 30, 2005
Blllinen-t)'pe
EIllerpriee
W.der
ItId S- Gas Solid Waste
utility utllIly U1111ty
~1ll81'8Yl11'l1la(~):
EBir'IlngB on 1~r'119 1 tJ7;2~ S211f12 281.380
Irmrest~ IS,Im, 150} (1 ,21 MOO) (54.198)
AmorIlmlian of hood diBccult and i9aUII QOB\a 149,ollO} (201,32/l)
GBIn (IoasIOll exdlange. 01 useb (5.100) (3,128)
0Ihtlr- 104.800 270,4il1 17~
Tolal rlOlIOpenl'lIng reveoos {~ 14.571.178} (814,1551 3e8,no
II1ClOIlle ~ corWlbutlonll :end hns!enl .2.see,1e3 4,292,514 1,273,981
Capltalllf'l.l\lJ and conb:lKill~ :1,$49,443
i"raIlrriilimln
TrMmrs Q~ (1,906.500) (1,4W,800) ~.870)
440,01:38 (1 ,4a~,BOOI (a33.B711)
OhllngM In nlJlllSS8Js- 2,9l'l6, 1.2:1 2.832,714 440,111
ToIaI net uael9 - beghllllQ 137;240,227 23,015,328 15,136,829
Tobl neI: u:am - 1lI1di'1g 5 1-40,046,.S48 $ 211,8111.040 $ 15.678.+10
AdI~ 10 ~ Ul!' oontIOl~tiQn (01 ~t ",,,,",,,,,,, f\OId MlMIII:!$ reI\IMd to enlIorpm!l ~
CIl!ln~t1 na1~ of~ '-OIIIII_~ 19)
The noleQ to the tl'l8nC:!al QtatemeI'rtS lIl'" an ~ IJIllt or 1I1iG WlIEImEInt.
32
# 3726533_v2
3
Exhibit C
PROJECT PARTICIPANT OUTSTANDING OBLIGATIONS
Long Term Debt
Gas System Reyenue Bonds
$6,710,000 Gas System Revenue Refunding Bonds, Series 1997B;
Serial bonds due in annual installments of $420,000 due September 1,
2006 to $565,000 due September 1, 2013, interest at 4.50% to 5.00%.
(Ordinance 5118-91, 5665-94, 6030-96; Resolution 97-54)
$8,020,000 Gas System Revenue Refunding Bonds, Series 1998; serial
bonds due in annual installments of $35,000 due September 1, 2005, to
$50,000 due September 1, 2012, interest at 4.00% to 4.60%; additional
serial bond annual installments ranging from $620,000 to $755,000 from
September 1, 2015 to September 1, 2019, interest at 4.75% to 4.90%;
4.70% term bonds in the amount of $645,000 maturing September 1,
2014; and 5.00% term bonds in the amount of $3,410,000 maturing on
September 1,2023. (Ordinance 5118-91, 6188-97; Resolution 98-09)
$8,890,000 Gas System Revenue Refunding Bonds, Series 2004, serial
bonds due in annual installments of $160,000 due September 1, 2005, to
$1,575,000 due September 1, 2026, interest at 2.00% to 4.375%.
(Ordinance 5118-91, 7191-03; Resolution 03-36)
$7,195,000 Gas System Revenue Refunding Bonds, Series 2005; Serial
bonds due in annual installments of $40,000 due September 1, 2006 to
$325,000 due September 1, 2025, interest at 2.70% to 4.375%; term
bonds in the amount of $340,000 maturing September 1,2026; and term
bonds maturing September 1, 2027, interest at 4.375%.
(Ordinance 7423-05; Resolution 05-16)
# 3726533_v2
Exhibit C - Page 1
$3,920,000
$7,825,000
$8,870,000
$7,175,000
,......,
<r::
o
02
o
......:l
~C\I
cl ci
~z
~f--
~u~
O:::~O:::
<r::""":l<r::
~o::c
......:lB:w
Uzf--
~oz
o......~
:>-<t~
f--W~
..................:l
U:::Jf--
0......
"uf--
f--.......z
z"'"""'-<~
P:~w
......o...<r::
~o...o
t2f;5
p:w
f--<r::
uO
~
""":l
o
0:::
0...
~
:a
~
Cl)
0...
0...
<r::
"E
""' ""'
s
~ 8
"'"
"E r:/J
~
'T r- 0 ('.I 0\ \0 tr) 0 r- 'T ('.I 0\ \0 0<) 00 r- 'T ,...., tr) \0 \0 0\
0<) 0\ ('.I 0<) 'T \0 'T 0 ,...., 0<) r- \0 00 0 0\ 0<) tr) r- ('.I 0 'T tr)
0\ 0<) ~ 00 tr) ('.I 00 r-, 'T ,...., 0 tr) ('.I 0 ('.I, 'T ,...., 00 tr) 0<) 'T \0
~ r--:- r--:- tr) 00 ."f 0 00 ,...., r--:- 0<) N ."f 0 v:5 tr) r--:- 0<) 00 00 0 0 N
00 00 ,...., 0<) \0 0\ ,...., 'T \0 0\ ('.I 'T r- 0\ ('.I 'T r- 0\ ('.I tr) ('.I 00
;:i \0 r- r- r- r- oo 00 00 00 0\ 0\ 0\ 0\ c:. c:. c:. c:. -;. -;. c:. tr)
;:i 00
;:i ,...., ,...., ,...., ,...., ,...., ,...., ,....,
<t: ,....,
('.I 00 'T 0 \0 ('.I 00 0<) 0\ tr) ,...., r- 0<) 0\ 'T 0 \0 ('.I 00 'T
tr) 0 \0 ('.I r- 0<) 00 'T 0\ tr) ,...., \0 ('.I r- 0<) 0\ 'T 0 tr) ,....,
'T 'r:. 'r:. ~ ~ r-, r-, 00 00 0;. 0 0 ,...., ,...., ('.I ('.I 0<) 'T 'T tr)
o-~ ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., N N N N N N N N N N
""'
r:/J
,...., \0 ,...., \0 ,...., \0 ,...., \0 ,...., \0 ,...., r- ('.I r- ('.I r- ('.I r- ('.I r- CJO
0<) 00 'T 0\ tr) 0 \0 ,...., r- ('.I 00 0<) 0\ 'T 0 tr) ,...., \0 ('.I r- ~
'T 'T, 'r:. 'r:. ~ r-, r-, 00 00 0;. 0;. 0 0 ,...., ('.I ('.I 0<) 0<) 'T 'T Q
bJJ ' ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., N N N N N N N N N
;:i ,...., ~
<t: '0
E-<
0\ ('.I tr) 00 ,...., 'T r- 0\ ('.I tr) 00 ,...., 'T r- 0 0<) \0 0\ ('.I tr)
('.I 00 0<) 00 'T 0\ 'T 0\ tr) 0 tr) ,...., \0 ,...., r- ('.I r- ('.I 00 0<)
'T, 'T, 'r:. 'r:. ~ ~ r-, r-, ~ 0;. 0;. 0 0 ,...., ,...., ('.I ('.I 0<) 0<) 'T
~ ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., N N N N N N N N N
'T 0 \0 0<) 0\ tr) ,...., r- 0<) 0\ tr) ,...., r- 0<) 0 \0 ('.I 00 'T 0
,...., r- ('.I 00 0<) 0\ tr) 0 \0 ,...., r- 0<) 00 'T 0 tr) ,...., \0 ('.I 00
'r:. 'r:. ~ ~ r-, r-, ~ 0;. 0;. 0 0 ,...., ,...., ('.I 0<) 0<) 'T 'T tr) tr)
;:i ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., N N N N N N N N N N N
~
0\ 00 00 r- \0 tr) tr) 'T 0<) ('.I ('.I ,...., 0 0\ 00 00 r- \0 tr) tr)
0\ tr) ,...., r- 0<) 0\ tr) ,...., r- 0<) 0\ tr) ,...., \0 ('.I 00 'T 0 \0 ('.I
'r:. ~ r-, r-, 00 00 0;. 0 0 ,...., ,...., ('.I 0<) 0<) 'T 'T tr) \0 \0 r-
~ ,...., ,...., ,...., ,...., ,...., ,...., ,...., N N N N N N N N N N N N N
:is
00 0\ 0\ 0 0 ,...., ('.I ('.I 0<) 'T 'T tr) \0 \0 r- oo 00 0\ 0 0
0 r- 'T ('.I 0\ \0 0<) 0 r- 'T ,...., 00 tr) ('.I 0\ \0 0<) 0 00 tr)
0;. 0;. 0 ,...., ,...., ('.I 0<) 'T 'T tr) \0 \0 r- oo 00 0\ c:. ,...., ,...., ('.I,
'""' ,...., ,...., N N N N N N N N N N N N N N 0<) 0<) 0<) 0<)
0-
<t:
'T 'T tr) \0 r- oo 0\ 0 ,...., ,...., ('.I 0<) 'T tr) \0 r- oo 00 0\ 0
00 \0 'T ('.I 0 00 \0 tr) 0<) ,...., 0\ r- tr) 0<) ,...., 0\ r- tr) 0<) ('.I
,...., ('.I 0<) 'T tr) tr) \0 r- oo 0\ 0\ c:. ,...., ('.I, rr:. rr:. 'T, 'r:. ~ r-,
8 N N N N N N N N N N N 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<)
:is
tr) tr) 'T 'T 0<) 0<) ('.I ,...., ,...., 0 0 0\ 0\ 00 00 r- r- \0 tr) tr)
,...., 0 0\ 00 r- \0 tr) 'T 0<) ('.I ,...., 0\ 00 r- \0 tr) 'T 0<) ('.I ,....,
'T tr) tr) \0 r- oo 0\ c:. ,...., ('.I, rr:. rr:. 'T, 'r:. ~ r-, ~ 0;. 0 ,....,
{J N N N N N N N 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) ."f ."f
~
,...., ,...., 0 0\ 0\ 00 r- r- \0 tr) 'T 'T 0<) ('.I ('.I ,...., 0 0 0\ 00
00 00 00 r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- \0 \0
\0 r- oo 0\ c:. ,...., ('.I, rr:. 'T, 'r:. ~ r-, ~ 0;. 0 ,...., ('.I 0<) 'T tr)
;:i N N N N 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) ."f ."f ."f ."f ."f ."f
C"O
>--,
0<) 0<) 'T 'T tr) tr) \0 \0 r- r- oo 00 0\ 0\ 0 0 ,...., ,...., ('.I ('.I
tr) 'T 0<) ('.I ,...., 0 0\ 00 r- \0 tr) 'T 0<) ('.I ('.I ,...., 0 0\ 00 r-
0<) 'T tr) \0 r- oo 00 0\ c:. ,...., ('.I, rr:. 'T, 'r:. ~ r-, ~ ~ 0;. 0
u N N N N N N N N 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) 0<) ."f
""'
0
0<) r- ,...., tr) 0\ 0<) r- ,...., tr) 0\ 0<) r- ,...., tr) 0\ 0<) r- ,...., tr) 0\
('.I 0\ r- 'T ,...., 0\ \0 'T ,...., 00 \0 0<) ,...., 00 tr) 0<) 0 00 tr) ('.I
0;. 0;. 0 ,...., ('.I ('.I 0<) 'T tr) tr) \0 r- oo 00 0\ c:. ,...., ,...., ('.I, 0<)
:> ,...., ,...., N N N N N N N N N N N N N 0<) 0<) 0<) 0<) 0<)
0
Z
CJO 00 0 0<) tr) 00 ,...., 0<) \0 0\ ,...., 'T \0 0\ ('.I 'T r- 0\ ('.I tr) r-
@ ('.I 0\ tr) ,...., r- 'T 0 \0 ('.I 0\ tr) ,...., r- 'T 0 \0 ('.I 0\ tr) ,....,
~ ~ r-, 00 00 0;. 0 0 ,...., ,...., ('.I 0<) 0<) 'T tr) tr) \0 \0 r- oo
""' U ,...., ,...., ,...., ,...., ,...., ,...., N N N N N N N N N N N N N N
iJ';? 0
C"O -
uiJ
""'0
o~
~ 8 \0 r- oo 0\ 0 ,...., ('.I 0<) 'T tr) \0 r- oo 0\ 0 ,...., ('.I 0<) 'T tr) \0
J:J 0 0 0 0 ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ('.I ('.I ('.I ('.I ('.I ('.I ('.I
;:i ""' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 >-< ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I ('.I
u
,......,
Cl)
gf
0...
I
,......,
.~
'0
~
Cl)
0...
0...
<r::
v:3
o
o
('.I
~
~
CJO
;:i
bJJ
~
bJJ
;:i
.~
o
~
CJO
C"O
o
CJO
""'
S
;:i
CJO
~
*
Appendix 2
PROJECT PARTICIPANT'S POINT OR POINTS OF DELIVERY
PROJECT PARTICIPANT
Clearwater
POINT OR POINTS OF DELIVERY
. North Gate Station:
1010 N. Hercules Ave, Clearwater, DRN# 3171
. South Gate:
2531 Nursery Rd, Clearwater, DRN # 3172
. Northeast Gate:
2910 McMullen Booth Rd, Clearwater, DRN# 3168
. Trinity Gate:
8017 Mitchell Blvd, New Port Richey (Pasco County), DRN# 291990
# 3726533_v2
Appendix 2 - Page 1
Appendix 3
FORM OF OPINION OF COUNSEL TO PROJECT PARTICIPANT
_, 2005
[Underwriters, Counterparties
or other Interested Parties]
Florida Gas Utility
4619 NW 53rd Avenue
Gainesville, FL 32609
Re: Gas Supply Agreement No. 2[; Other Financial
Instruments]
Ladies and Gentlemen:
I am counsel to the [please insert] (the "Public
Agency"), and am furnishing this opinion to you in connection with the Gas
Supply Agreement No.2 ("Gas Supply Agreement") [Financial Instrument (the
"Agreement")], dated as of _, 2006, and executed between Florida
Gas Utility ("FGU") and the Public Agency as a Project Participant and as a
purchaser of Gas from FGU pursuant to the GSAP2 Project.
All terms used herein in capitalized form and not otherwise defined
herein shall have the same meanings as ascribed to them in the Gas Supply
Agreement.
In connection with this OpInIOn, I have examined originals or
copies, certified or otherwise identified to my satisfaction, of the following:
(a) The Constitution and laws of the State of Florida including, as
applicable, special acts, ordinances, charters and agreements
pursuant to which the Public Agency was created and by which it
is governed;
(b) Resolution No. _, duly adopted on , 200_ [please
insert one or, if applicable, more resolution numbers and
dates] (collectively, the "Resolution"), and certified as true and
correct by certificate and seal as of [ ], authorizing the
Public Agency to execute and deliver (i) the Gas Supply Agreement
Appendix 3 - Page 1
described below to participate in GSAP2 [and (ii) other
Agreement], in accordance with the provisions of the Constitution
of the State of Florida, the Florida Interlocal Cooperation Act of
1969, Section 163.01 and Chapter 166, Florida Statutes, and other
applicable provisions of law;
(c) A copy of the Gas Supply Agreement [other Agreement] executed
by the Public Agency;
(d) The Interlocal Agreement dated September 1, 1989, as amended on
June 1, 1992, and as amended and restated by Amended and
Restated In terlocal Agreement dated as of July 1, 1996, and
thereafter amended and restated by Second Amended and Restated
In terlocal Agreement dated as of July 27, 1999, between the Public
Agency and the other public agencies named therein (the
"Interlocal Agreement");
(e)
The Official Statemen t
[Other], dated as of
[Private Placement Memorandum]
_,2006, relating to GSAP2 [ ];
(f) The Continuing Disclosure Agreement, dated as of _,
2006 (the "Continuing Disclosure Agreement"), among the Public
Agency, FGU, [ ] and Holland & Knight LLP; and
(g) All outstanding instruments relating to bonds, notes or other
indebtedness of or relating to the Public Agency's System.
I have also examined and relied upon originals or copies, certified or
otherwise authenticated to my satisfaction, of such other records, documents,
certificates and other instruments, and made such investigations of law, as in
my judgment I have deemed necessary or appropriate to enable me to render
the opinions expressed below.
Based upon the foregoing, I am of the opinion that:
1. The Public Agency is [a public body corporate and municipal
corporation of the State of Florida], [a utility authority and a part of
government of the City of ], [a public agency as defined in
Section 163.01(3)(b), Florida Statutes, as amended, and an electric
utility as defined in Section 361.11(2), Florida Statutes, as
amended] [PLEASE SELECT AS APPROPRIATE], duly organized and
validly existing under the laws of the State of Florida, with the legal right
to carry on the business of its System as currently being conducted and
as proposed to be conducted as described in the [Official Statement]
[Private Placement Memorandum] [other).
Appendix 3 - Page 2
2. The Public Agency has the right and power to adopt the Resolution, and
the Resolution has been duly adopted by the Public Agency and is in full
force and effect as of the date hereof in the form in which adopted.
3. The Gas Supply Agreement, [the Financial Instrument,] the Continuing
Disclosure Agreement and the Interlocal Agreement (collectively, the
"Agreements") have been duly and lawfully authorized, executed and
delivered by the Public Agency, and constitute the legal, valid and
binding agreements and obligations of the Public Agency, enforceable
against the Public Agency in accordance with their respective terms.
4. The authorization, execution, delivery, receipt and performance of the
Agreemen ts and all agreemen ts and documen ts provided for or
contemplated by the Resolution do not violate any applicable judgment
or order of any court and do not conflict with or result in a breach or
violation of any of the terms or provisions of, or constitute a default
under, the terms of any statute of the State of Florida, the Public
Agency's ordinances or charter, any administrative rule or regulation of
the State of Florida or any agency thereof or of any bond resolution,
indenture, agreement, license, permit, franchise, or other instrument to
which the Public Agency is subject, or by which it or any of its properties
is bound, or result in the creation or imposition of any lien, charge or
other security interest or encumbrance of any nature whatsoever upon
any of the properties or assets of the Public Agency, except as expressly
provided by the Agreements, nor do such actions result in any violation
of any order, rule or regulation applicable to the Public Agency of any
court or of any federal, state or other regulatory authority or
governmental body having jurisdiction over the Public Agency or any
federal statute, order, rule or regulation applicable to the Public Agency
or the State of Florida.
5. Amounts payable by the Public Agency to FGU pursuant to the Gas
Supply Agreement [Financial Instrument] will constitute operating
expenses of the Public Agency's System.
6. All approvals, consents or authorizations of, or registrations, or filings
with, any governmental or public agency, authority or person required on
the part of the Public Agency in connection with the execution, delivery
and performance by it of the Agreements have been obtained or made.
7. There is no action, suit, litigation, inquiry, investigation or other
proceeding by or before any court, governmental agency, public board or
body or other tribunal of competent jurisdiction (either State or Federal)
pending or, to the best of my knowledge after due inquiry, threatened
Appendix 3 - Page 3
against the Public Agency or its System which (a) questions the creation,
organization or existence of the Public Agency, (b) affects or seeks to
prohibit, restrain or enjoin the Public Agency from entering into, or
wherein an unfavorable decision would materially adversely affect the
ability of the Public Agency to, comply with its obligations contained in
the Agreements, including the payment obligations to FGU contained
therein, or (c) in any way affects or questions the validity, legality or
enforceability of the Agreements, nor, to the best of my knowledge, is
there any basis therefor.
8. Project Participant Representative has the power and authority to enter
into Financial Products of the type described in the Gas Supply
Agreement or to authorize FGU to enter into such transactions on Project
Participant's behalf and to bind Project Participant with respect thereto,
subject in each case to the general parameters set forth in Exhibit A to
the Gas Supply Agreement.
The opinions set forth herein as to the enforceability of the legal
obligations of the Public Agency are subject to and limited by (i) bankruptcy,
insolvency, reorganization, moratorium and similar laws, in each case relating
to or affecting the enforcement of creditors' rights generally, and (ii) other
general principles of equity.
This opinion is rendered only to the addressees, but may also be
relied upon by those parties with respect to the acquisition of the Gas and to
any institutions making loans to, purchasing bonds from or engaging in
Financial Instruments with FGU with respect to gas acquisitions for the Public
Agency.
Very truly yours,
# 3726533_v2
Appendix 3 - Page 4
RESOLUTION NO. 06-38
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE FORM OF GAS SUPPLY AGREEMENT NO.2 FOR THE
PURCHASE AND SALE OF GAS AND OTHER SERVICES AND
AUTHORIZING FLORIDA GAS UTILITY TO NEGOTIATE THE TERMS OF
RELATED FINANCIAL PRODUCTS AND FINANCIAL INSTRUMENTS ON
BEHALF OF THE CITY AS PROVIDED IN SUCH AGREEMENT, AND
SUBSEQUENTLY, AT THE DIRECTION OF THE CITY'S AUTHORIZED
REPRESENTATIVE AS PROVIDED FOR HEREIN; AUTHORIZING THE
EXECUTION AND DELIVERY OF THE GAS SUPPLY AGREEMENT;
AUTHORIZING FLORIDA GAS UTILITY TO PLEDGE THE CITY'S
PAYMENT OBLIGATIONS THEREUNDER TO SECURE THE PAYMENT
OF COSTS AS PROVIDED IN THE GAS SUPPLY AGREEMENT, OR
OTHER OBLIGATIONS REQUIRED UNDER SUCH AGREEMENT, AND
BONDS OR OTHER OBLIGATIONS ISSUED BY FLORIDA GAS UTILITY;
PROVIDING FOR THE MAKING OF PAYMENTS PURSUANT TO SAID
GAS SUPPLY AGREEMENT, AND MAKING CERTAIN COVENANTS IN
CONJUNCTION WITH SAID PAYMENTS; PROVIDING FOR THE MAKING
OF PAYMENTS PURSUANT TO SAID FINANCIAL INSTRUMENTS AND
MAKING CERTAIN COVENANTS IN CONJUNCTION WITH SAID
PAYMENTS; PROVIDING FOR THE APPOINTMENT OF THE PROJECT
PARTICIPANT REPRESENTATIVE; PROVIDING CERTAIN OTHER
AUTHORIZATIONS; AND PROVIDING CERTAIN OTHER DETAILS WITH
RESPECT THERETO; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Clearwater, Florida ("Project Participant"), in its capacity as
a Member of Florida Gas Utility ("FGU"), wishes to purchase a supply of natural gas from
FGU and wishes to authorize certain financial products and services relating to the pricing
and/or financing thereof, all as contemplated in the Gas Supply Agreement No.2, a
proposed form of which is attached hereto as Exhibit A (the "Gas Supply Agreement"); and
WHEREAS, in order to provide the benefits of the gas supply and other services to
Project Participant and other Project Participants of FGU and in order to assure the
flexibility in pricing and other services provided by the Gas Supply Agreement, it is
necessary for Project Participant to authorize and approve the form of the Gas Supply
Agreement with such changes, insertions, omissions and filling in of blanks as may be
approved by the officers of Project Participant approving and/or executing such
Agreement, which duty and responsibility is delegated hereby to such officers; and
WHEREAS, in order to take advantage of certain Financial Products as provided in
Financial Instruments and the issuance of Bonds as described in the Gas Supply
Agreement (together with the Gas Supply Agreement of other Project Participants of the
Project, sometimes collectively called the "Agreements"), it is necessary for Project
Participant to authorize the Project Participant Representative to give the Directives
Resolution 06-38
provided for in the Gas Supply Agreement as may be required, binding Project Participant
for the obligations set forth therein; and
WHEREAS, it is necessary for the governing body of each Project Participant to (a)
approve the form of the Gas Supply Agreement and authorize its execution and delivery by
its authorized representatives, and (b) designate the percentage of Gas available under
the long term supply agreement that it is committed to receive annually during the term
(referred to in the Gas Supply Agreement as its "Gas Entitlement Share"), (i) which, as
provided therein, will require the purchase of the Gas so nominated by each Project
Participant on a take and pay basis requiring Project Participant to purchase its Gas
Entitlement Share to the extent Gas is tendered for delivery at FGU's receipt point, and as
otherwise provided in the Gas Supply Agreement; (ii) which will require that in the event of
a default in the purchase of Gas or other failure to pay by another Project Participant,
Project Participant will be required to pay a pro rata share of Costs of such defaulting
Project Participant until the delivery of Gas is discontinued pursuant to Section 15 of the
Gas Supply Agreement and certain other Costs not related to the Cost of Gas and Debt
Service on the Bonds; and (iii) which will authorize the participation in derivatives under the
Gas Supply Agreement or other documentation as a part of the project; and
WHEREAS, Project Participant desires to take certain other actions and make
certain authorizations and delegations of authority with respect to the Gas Supply
Agreement.
Unless otherwise provided, defined terms as used herein shall have the meanings
as provided in the Gas Supply Agreement.WHEREAS, it is necessary for the governing
body of each Project Participant to (a) approve the form of the Gas Supply Agreement and
authorize its execution and delivery by its authorized representatives, and (b) designate
the percentage of gas available under the long term supply agreement that it is committed
to receive (referred to in the Gas Supply Agreement as its "Gas Entitlement Share"), (i)
which, as provided therein, will require the purchase of the gas so nominated by each
Project Participant will be on a take and pay basis; (ii) which will require that in the event of
a default in the purchase of gas or other failure to pay by another Project Participant,
Project Participant will be obligated to pay a pro rata share of Costs of such defaulting
Project Participant until the delivery of Gas can be discontinued pursuant to Section 15 of
the Gas Supply Agreement; and (iii) which will authorize the participation in derivatives
under the Gas Supply Agreement or other documentation as a part of the project; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLEARWATER,
FLORIDA, that:
Section 1. Authoritv. This Resolution is adopted pursuant to the Constitution and
laws of the State of Florida, including, particularly, Section 163.01, Florida Statutes, and
Chapter 166, Florida Statutes.
Section 2. Definitions. Unless the context otherwise requires, all terms used herein
in capitalized form shall have the same meanings ascribed to such terms in the Gas
Supply Agreement.
2
Resolution No. 06-38
Section 3. Findinqs. It is hereby ascertained, determined and declared that Project
Participant is authorized under the authority cited above to approve the form of the Gas
Supply Agreement in the manner herein provided.
Section 4. Approval of Form of Gas Supplv Aqreement and Other Aqreements
Authorized Therebv. The Gas Supply Agreement in substantially the form attached hereto
as Exhibit A, is hereby approved, with such changes, insertions, omissions and filling in of
blanks therein as may be approved and made to such form of the Gas Supply Agreement
by the officers designated below executing the same in the manner consistent with the
provisions of this Resolution. The duty and responsibility for negotiating and approving
modifications or amendments to the Gas Supply Agreement and negotiating and approving
of any Financial Instruments described therein (to the extent required thereby) and in this
Resolution are hereby delegated to the Project Participant Representative(s) designated in
paragraph 8 below. Such execution and delivery of the final form of such Agreement shall
be conclusive evidence of the approval of such Agreement by the officers executing the
same and Project Participant shall be bound by such Agreement as executed and
delivered. Such officers are hereby authorized to deliver such Agreement, as so
negotiated, modified and amended, as executed, to FGU for its consideration and
execution.
Section 5. Particular Covenants.
A. The payments required to be made by Project Participant pursuant to the
Gas Supply Agreement shall constitute an obligation of Project Participant payable as an
operating expense of Project Participant's System ("System"), to the extent legally
permissible, solely from the revenues and other available funds of Project Participant's
System, and such payments shall be made as provided in the Gas Supply Agreement and
subject to the provisions thereof, to the extent such payments would constitute operating
expenses under Project Participant's indentures, bond resolutions or other bond
documents entered into in connection with the financing of Project Participant's System.
Project Participant covenants that it will not take any action to cause such payments to be
treated otherwise than as a cost of operation and maintenance, under any bond
ordinances, resolutions or otherwise to which it shall become a party or be obligated after
the date of the Agreement, except for those for which it shall be obligated prior to the date
of the Agreement.
B. If such payments are not treated as operating expenses, such payments
shall be made by such Project Participant pursuant to the provisions of Section 4(g) of the
Gas Supply Agreement and shall constitute an obligation payable solely from the revenues
of Project Participant's System, which revenues are pledged therefor, subject and
subordinate to certain payments as provided in said Section 4(g).
C. The provisions of the Financial Instruments creating Financial Products as
described in the Gas Supply Agreement obligating Project Participant for certain payments
thereunder and to perform certain covenants will constitute obligations of Project
Participant enforceable against it in accordance with the respective terms thereof. It is
intended that payments required under such Financial Instruments will constitute operating
expenses of Project Participant's System to the extent legally permissible, and within the
3
Resolution No. 06-38
meaning of Project Participant's indentures, bond resolutions or other bond documents. If
such payments do not constitute operating expenses as provided above, such payments
payable under such Financial Instruments shall constitute obligations payable solely from
revenues of the Project Participant's System, which revenues are hereby pledged therefor,
subject and subordinate to certain payments as provided in Section 4(g) of the Gas Supply
Agreement.
D. Project Participant shall not be required to make such payments from taxes
or revenues other than the revenues of Project Participant's System. The obligations of
Project Participant to make payments under the Gas Supply Agreement shall not
constitute a debt of Project Participant within the meaning of any constitutional or statutory
provision or limitation or a general obligation of or pledge of the full faith and credit of
Project Participant. Project Participant shall never be required under the Gas Supply
Agreement to levy ad valorem taxes on any real property to make said payments, and the
obligations of Project Participant thereunder shall not constitute a lien upon any tangible
property owned by or located within the boundaries or the service area of Project
Participant, but shall be payable solely from the aforementioned revenues. No obligee
under the Gas Supply Agreement shall ever have the power to require or compel the levy
of ad valorem taxes upon any property of Project Participant or within its boundaries or
service area to make any of the payments required to be made under the Agreements.
Section 6. System Revenues. The estimated revenues to be derived by Project
Participant from its System will be sufficient to make the payments required to be made by
Project Participant pursuant to the Gas Supply Agreement, to pay all operating expenses
of Project Participant's System, and to make all payments of principal of and interest on
Project Participant's outstanding obligations for bonded or other indebtedness.
Section 7. Rate Covenant. Under the terms of the Gas Supply Agreement, Project
Participant agrees that it will establish, impose, maintain, enforce and collect rates, fees
and charges for all services and facilities of its System sufficient to produce revenues at
the times and in the amounts required to pay all costs of the supply of Gas and other
energy or other output and other services for Project Participant's System, including the
payments to be made under the Gas Supply Agreement, as well as all other costs of
operation, administration, maintenance and debt service of the System and all other
amounts payable from or constituting a lien or charge on the revenues of Project
Participant's System.
Project Participant will provide to FGU, or its designee, annually, promptly upon its
preparation, but no later than one hundred eighty (180) days after the end of its Fiscal
Year, a copy of its annual audit and such other financial and other records, and within
such time as may be required by the Gas Supply Agreement.
Section 8. Appointment of Proiect Participant Representative. As required by
Section 28 of the Gas Supply Agreement, the individual who shall serve from time to time
as City Manager of Project Participant, or in his absence, the individual who shall serve
from time to time as either the Managing Director & Executive Officer of Clearwater Gas
System, or the Gas Program Coodinator/Gas Supply & Technology Engineer, of Project
Participant shall serve as the Project Participant Representative authorized to take such
4
Resolution No. 06-38
actions as are provided in Section 4 of this Resolution and in Section 28 of the Gas Supply
Agreement, including the giving of instructions and Directives to FGU for the negotiation
and execution of Financial Instruments that will be legally binding upon Project Participant,
and otherwise to fulfill all duties of such representative under Section 28 of the Gas Supply
Agreement. The Project Participant Representative shall have full authority to represent
and bind Project Participant for all purposes authorized by the Gas Supply Agreement,
including those matters related to Financial Instruments and Financial Products as
contemplated therein, including Section 28(b) thereof, until such Project Participant
Representative shall be changed by Project Participant and written notice of such change
shall be given to FGU. FGU may rely upon any instructions, as well as a Directive
executed by the Project Participant Representative and such action of such Project
Participant Representative shall be deemed duly authorized, executed and delivered by
the Project Participant Representative on behalf of Project Participant and shall be the
legally binding obligation of Project Participant.
Section 9. Assiqnment. As provided in the Gas Supply Agreement, Project
Participant hereby authorizes the full or partial assignment of the Gas Supply Agreement
or the payments to be made thereunder by FGU to any bond trustee, or otherwise as may
be necessary for the payment of the obligations for the purchase of gas or other
obligations under the Gas Supply Agreement, Financial Instruments, Bond Resolutions or
other obligations issued by FGU for the payment thereof.
Section 10. Authorizations Concerninq Aqreement.
A. The Mayor of Project Participant shall be and are hereby authorized to execute
and deliver the Gas Supply Agreement for and on behalf of Project Participant pursuant to
the terms hereof, in substantially the form attached hereto as Exhibit A, and the Financial
Instruments, in such forms as shall be negotiated in the manner provided herein, in each
case, with such changes, insertions and omissions and filling in of blanks therein as such
officers may approve, such approval to be conclusively evidenced by the execution
thereof.
B. Such officers authorized hereby are also directed to complete or approve
Appendix 1 to the Gas Supply Agreement, to complete Appendix 2 to the Gas Supply
Agreement, to insert the Point(s) of Delivery, to complete Exhibit B to the Gas Supply
Agreement to describe Project Participant's enterprise System and gas burning or
distribution facilities, to complete Exhibit C to the Gas Supply Agreement to list and
describe Project Participant's outstanding obligations.
C. The Chief Financial Officer and such other officers and employees of Project
Participant as may be designated by the officers charged with the execution of the Gas
Supply Agreement, including the Project Participant Representative and representatives
on the Board of Directors or Executive Committee of FGU, are each designated as agents
in connection with the issuance and delivery of the Gas Supply Agreement and are
authorized and empowered, collectively or individually, to take all action and steps and to
execute all instruments, documents and contracts on behalf of Project Participant that are
necessary or desirable in connection with the execution and delivery thereof, and which
5
Resolution No. 06-38
are specifically authorized or are not inconsistent with the terms and provisions of this
Resolution.
Section 11. Makino Certain Commitments Reoardino the Securities Exchanoe Act
of 1934. Project Participant shall provide to FGU, or its designees, on a timely basis and
in such form as shall be reasonably requested by either, any and all documents, releases,
financial statements and other information necessary to enable FGU to comply with any
disclosure or other reporting requirement, including but not limited to Rule 15c2-12 of the
Securities and Exchange Commission promulgated under the Securities Exchange Act of
1934 (the "Rule"), now or hereafter imposed by the United States of America, the State of
Florida, or any political subdivision or agency of either having jurisdiction over the issuance
of any debt obligations for the acquisition of gas, by law, judicial decision, regulation, rule
or policy. Such information shall be provided by Project Participant from time to time
promptly following the occurrence of a "material event" as described in the Rule, and as
otherwise may be requested by FGU, or its designees, but in any case, no less frequently
than shall enable FGU, or the underwriters or broker/dealers of the obligations of FGU, or
such Project Participant, to comply with any such law, judicial decision, regulation, rule or
policy.
In addition to the foregoing, Project Participant will provide to FGU, or its designee,
annually, promptly upon its preparation, but no later than one hundred eighty (180) days
after the end of its Fiscal Year, a copy of its annual audit and such other financial and
other records as may be required by the issuer of any credit facility or bond insurance
policy or other security instrument securing all or any part of FGU's bonds or other
indebtedness.
Project Participant shall further enter into a continuing disclosure agreement or
other undertaking as may be reasonably required by the original purchaser of the Bonds in
order to comply with the Rule.
The foregoing shall be provided in the manner set forth in the Gas Supply
Agreement.
Section 12. Resolution to Constitute Contract. This Resolution shall be deemed to
be and shall constitute a contract between Project Participant and FGU and the other
Project Participants of FGU. The covenants and agreements herein set forth to be
performed by Project Participant shall be for the benefit, protection and security of FGU
and the other Project Participants and those third parties in the manner and to the extent
provided in the Agreements.
Section 13. Severabilitv. If anyone or more provisions of this Resolution should be
determined by a court of competent jurisdiction to be contrary to law, such provisions shall
be deemed to be severable from the remaining provisions hereof and shall in no way effect
the validity or enforceability of such remaining provisions.
Section 14. Repeal of Inconsistent Resolutions. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
6
Resolution No. 06-38
Section 15. Effective Date. This Resolution shall become effective immediately
upon its 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
7
Resolution No. 06-38
EXHIBIT A
GAS SUPPLY AGREEMENT NO.2
Resolution 06-38
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Resolution 06-36 authorizing the Marine & Aviation Department to act as Project Manager for the
Florida Fish and Wildlife Conservation Commission (FWC) Boating Infrastructure Grant Program on behalf
of the City of Clearwater.
SUMMARY:
Applying for grant funding with the Florida Fish and Wildlife Conservation Commission (FWC) for their
Boating Infrastructure Grant Program requires the Governing Body adopt a resolution authorizing the Project
Manager (the Marine and Aviation Dept.) apply for and administer the grant on behalf of the Applicant (the
City). This program provides funds from the U.S. Fish and Wildlife Service to the States to install or upgrade
tie-up facilities for transient recreational boats 26 feet or more in length. A project is eligible for funding if it
proposes to construct, renovate, and maintain publicly owned boating infrastructure tie-up facilities. To be
eligible you must: - Build these tie-up facilities on navigable waters, available to the public and design the
new construction and renovations to last at least 20 years; - Design these tie-up facilities for temporary use for
transient non-trailerable recreational vessels; - Build these tie-up facilities in water deep enough for non-
trailerable recreational vessels to navigate (a minimum of 6 feet of depth at the lowest tide or other measure
of lowest fluctuation); - Provide security, safety, and service for these boats; and, - Install a pump-out station,
if constructing a facility for overnight stays. A project is ineligible for funding if the tie-up slips available for
occupancy are for more than 10 consecutive days by a single party. The purpose of this request is to be
prepared if we apply for project funding for a portion of the Downtown Boat Slips.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk
RESOLUTION NO. 06-36
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE MARINE & AVIATION
DEPARTMENT AS PROJECT MANAGER TO APPLY FOR
AND ADMINISTER THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) BOATING
INFRASTRUCTURE GRANT PROGRAM ON BEHALF OF
THE CITY OF CLEARWATER, THE GOVERNING BODY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a requirement of the FWC to apply for their Boating Infrastructure
Grant Program includes the City of Clearwater as the Governing Body, adopting a
resolution authorizing the Project Manager to apply for and administer the grant on their
behalf; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing the
Marine & Aviation Project Manager to apply for and administer the FWC Boating
Infrastructure Grant Program on behalf of the City of Clearwater, the Governing Body.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-36
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations in the
amount of $100,000. (consent)
SUMMARY:
-The Clearwater Homeless Intervention Project Shelter opened in April 1998, and since that date has provided
a safe overnight facility for homeless persons and essential support services to help individuals and families
begin to improve their lives. .In CHIP's continuum of care, there are currently three programs offered:
Outreach and Assessment through the Day Center component; Emergency Housing in the Shelter Services;
and Transitional Housing at Parkbrooke Apartment Complex. .In previous years, the City of Clearwater has
donated $100,000 to CHIP. The police department requests that the City continue their contribution to CHIP,
which will be applied toward needed operational funding essential to the CHIP shelter's successful operation.
.Funding for this donation in the amount of $100,000 is available in the Special Program project 181-99938,
Homeless Shelter.
Type:
Current Year
Budget?:
Other
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
$100,000
$100,000
2005 to 2006
Annual Operating
Cost:
Total Cost:
Appropriation
Code
181-99938-582000-
529-000
Amount
Appropriation Comment
$100,000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Three (3) year contract for Copper Corrosion Control Services, Bid #17 -06 awarded to SPER
Chemical Corporation of Clearwater, FL, for the sum of $516,240.00 and that the appropriate officials be
authorized to execute same. (consent)
SUMMARY:
The purpose of the copper corrosion control system is to lower and maintain existing low levels of Copper
corrosion within the City of Clearwater's potable water distribution system. The corrosion control chemicals
shall be applied at three locations; namely Water Treatment Plants numbers one, two, and three. The City
advertised the Request for Bid # 17-06 in the St. Petersburg Times, MyClearwater.com, and request for bids
were sent to a list of known vendors. Period of Contract. The period of contract shall be for Three (3) years.
Sufficient budget is available in the Water & Sewer Utility Fund operating cost center 0421-02053-551000-
533-000-0000, Water Supply Operations, to fund the current year cost of this contract, and is planned in the
budget request to be brought forward for the 2007 fiscal year.
Type:
Current Year
Budget?:
Operating Expenditure
Yes
Budget Adjustment: None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
Appropriation
Code
0421-02053-
551000-533-000-
0000
Bid Required?:
Other Bid /
Contract:
Review
Approval:
$172,080.00
$516,240.00
05/06 to 08/09
Annual Operating
Cost:
Total Cost:
$172,080.00
$172,080.00
Amount
Appropriation Comment
$516,240.00
Yes
Bid Number:
17-06
Bid Exceptions:
None
1) Office of Management and Budget 2) Legal 3) Clerk 4) Public Utilities 5) Office of Management and
Budget 6) Legal 7) Clerk 8) City Manager 9) Clerk 10) City Manager 11) Clerk
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the final plat for "THE TRIAD" located at 1441 Druid Road, on the Southeast corner of Druid Road
and San Remo Avenue. (consent)
SUMMARY:
* This is an un-platted parcel of land and the plat will create 3 single-family lots. * The property is within the
city limits of Clearwater and is approximately 0.4 acres. * The proposed project was approved by DRC
January 5th, 2006 and CDB on May 2nd 2006. * The property is zoned as Low Medium density Residential
(LMDR) * A copy of the plat is available for review in the Office of Official Records & Legislative Services
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
DIO:~iD; ~ ~ ~ ~DiD: : 61: G'O~
W - m ~u~
D-'D~D ~ I ]~I I D I
CLEVELAND
II I I D~n>-rl=J~~" l 1 I II U
U PARK nzU~U5D~ PARK ~ ST
g [h~" "" ~D~~:I",~, "
~K(l~~~o?~~n EJ~ ~I ST I
".~"J LJ~2J "lLJ ~'<-,,\
~"\/ ~<l: ~ FRANKLtIJ'( ST ~ '"'Q ST
CIR <l: t;J DE LEON \S>..,.).-~
~ m 1 I [)
I~~Y ROSA '" I SAN JUAN1 ~
COURT ST S.R. 651
wi II
> ROGERS
:1 I~ I
CJJ
I ~I I~I
PINE ~
I I~I
I~D I
I Dgjl
I~D I
I
I
Igj
W
;:;: ~
~ 0
0
z
W
W
'" ~ ~
~ l'J W
<l: ~ f-
:;;; W CJJ
> W
W I
U
W
;:;:
~II~
~~O
\HARVARD I ~
DARTMOUTH
) I
un
GULF TO BAY BLVD S.R. 60
" :~u~n~u~n~u~u~
TURNER U ST
I
I
ST
Cl
\J
ST
PROJECT
SITE
iSUW
f- Z
l'J 0
Z f-
:s ~
W W
>- '"
DRUID
LOTUS
PATH
JASMINE
Ja m;ne IJ W
U;:;:
~ MAGNOLIA
51 I~
~ LOTUS PATH ~
I Z
0:
W W
;:;: ;:;:
0 0
:;;; S Z
W W <l:
~ ~ --'
I
Z <l: l'J
<l: 0 I
CJJ
JEFFORDS ijj ST
~ ~ 1 Iffil 1 I
BARRY ~ ST BARRY ST
W I~I
;:;: ~I 1 U~~i~;~1
TUSCOLA ST
D1l 1 1 I I
>- MIL TON W ST
>
SI 1:1 1
m 0 BROWNING
I~I I
C.R. 488 ~KEVIEW
BARRY
W
;:;:
RD
N
W-JSt~E
f<~~
5
City of Clearwater
Public Works Administration / Engineering
The Triad
Drawn By: S. K.
Grid # 297 A
Reviewed By: T.M. Scale: N.T.S
S - T - R 14-295-15e Date: 05/16/06
~... ........
::::I "'0 3::::c "'0
0"'O)>1'T1!;
ZI'T1Z:;c:j
zJI>~G')rr1
I'T1 Z::cc
-I )>-1
::c Z )>
I'T1 () -10 U)
:;c I'T1
o)>,~.:- ~ I'T1()C"'O~ 3::()- i~ C "'0 lD ^ ())>)>':- () U)
"'TI())>)> Z- :;c )>O::c ~Z~ I'T1 OZZ^ O~
~8~U)~ G')~~00 ~ZI'T1 Z
~ - Z"'TI3:: "'TI:;c cl'T1 ~CCI'T1 ~~
:;c U)1'T1 ~0U)~)> 1'T101'T1 ~!; lD ~~~Z ~O
I'T1CCCC 1'T1"'T11'T1U)u) 3:::;ClD C
U)~~~Z :;c - )>3::-< ()U) :;c ~ )>)>lD O"'TI
Z()ZO' ::::IU)() ^ "'TI-I-I~
C () C 'CZ' '() .fT1 "'TI"'TI
:;C~:;C~5d G')1'T13::)>3:: ()-I1'T1 1'T10 '~-^
o -I1'T1 "'0'
r?j~~CU) C?clD')> )>O:;C :;Cc () :;c U) () ~ -0
-< C G') (I) 1'T1~5dU)::c ' ::::I :Sai ^Z , C O() Z :;c
()()"'TI ~ I'T1 I'T1 -
~ )>z 0 "'0)> cO ,::c-< :;c }>"'O3::' ,C
~ )>ZI'T1 )>~,:;cZ @~~ ~; ^ ''''01'T1 ,)>
:;c U)r?j-< ~)> :;c )>
O~ZCC m "'TI -IC^ U)
C C~:;c ~ ~,:;cm-< C~)> , _ I'T1
:;c1'T1U) I'T1 1'T1"'O"->0 ~:;C-l 0 U)::cU)0
1'T1U)::CU)G') ZcOO:;c :;c )>-"'TI
3::-10 U) ~ -IlDtO ...... "'0 C U)Z
~~~~~ 'I)> .......C )> ()
:-J:;c --(9 lD"'TI-
- Z 1'T10:;C
-I ~ )>:;c () C U) 1'T1:;C()
U)~ -I1'T1 U) "'0 C
)> C ~ ~~3:: )>)> ~:D Z3::C
OU)Z~ :;c Z C -I
"'TI C)>, :;c~)> -1-1 )>"'TI~()
^ "'0
()O U))> U)o~ .:- -I ~~ -<f:;:;~o
::c"'TI~ Z 00 OC C
)> "'OC )>"'TI:;C :;c
"'O~)>:;CU) C"'TI "'TI() "'TI"'TI)>-I
~1'T1-1~c 3::, ~~ ~~ ~Fo
:;cU)~?c:;C -0
......~:;cI'T1r?j Z:;c 1'T1"'O :;c~;
U)- "'TI~
.......~~ca ::a~ 1'T11'T1_
,:;c ~~ () Z
:-J zc:;c )> 0...... 0:;C1'T1
o I'T1 Z ~ ::::I :;c I'T1 ,
~"'TIzc::c 0 :;c....... CO,
c....... c)>
:;c -I1'T11'T1 Z )>0 (1)0 Z:;CU)
-I~:;c:;c~ U)~ "'01'T1()
_OI'T13::lD -I......... ,3::0
~ :;c~-<-< )>...... )>l'T1c
~~~C~ ~';:-"' -IZZ
lDtri~
~~Z:;C:;C ~~
()1'T1::::1 o ~
U)O "->OO"'TI
1'T11'T11'T1~"'TI ' :;c rr~~
,~3::0-< C
)>COZ~ ~)>
~ZZ I'T1 U)
-IC)>)> -I
03::Z-I G'))> )> ~::c
o I'T1C t:l~
"'TI)>ZU)O ' ~ I'T1
~"'OtricZ C 3::~ C :;c
)> ''''0 I'T1
"'0 "'0 ~ 1'T1U) )>~lD
1'T11'T1::C1'T1 ::a~ G')U)-<
:;C)>:;C
U)~r?jS; ()- ~O()
-1- U) ::c I "'TI 5d
)>Z _ C)>
~ZlDO )>r?j "'TI::::I
G')I'T1Z ~ ~5"'T1
I'T1
o)>Z)> :;c :;c-<
"'TIz Z ::C1'T1 1 c~
"'TIc"'Oc )>s;
, ' U)1'T1 )>)>
O~)>U) z~ "'0-1
:;c () "'01'T1~
-)>I'T1)> Oc C:;c
~-IC -I lD-I_
, )> ::a lD~ C)>U)
~U)c I'T1 - ()Z"'O
U)-I'T1,,-> 1'T1U) :;cz,
~~T Z"'O 1'T1G'))>
r?j!; () -I
'()1'T1 Ob::C
)>)>"'0 :;c-l :;c )>
-I~~ "'TI)> C3::U)
()cU) I'T1 Z U))>
o I'T1 cc O"'OlD
3::::CZ~ "'TIU)~
"'01'T1~ :!:I"'TI ..,.
U) LN
<J1~ ~ :;0 N
N +>-
(J1 ~ ...........
~ I'Tl r- :E f"Tl
I'Tl r- 0 0
0 ""T'J
..... ..... 0
:;0
... c
N 0 -......J
-.....J :;0 O'l
-.....J 0'1 0 <D
0'1 <D )> (Jl
<D '! 0
~
65.79'
88.50'
~~~T
-l1'Tl-
I-U:;O
~ ~.:::: I:
?01'Tl1'.:!.
s::: 0 ~
07"E
242.79'
~ JJ~
~[Q)[Q)~1J~(Q)~
~
(UJ~~1L~1J1J~[Q)
r-
~
~ 0
~ c;1
3:: ~
m ....> N
~ ~r ""d 0
:z g.::r:
........
~ 110
l\)
O(J.l
MoO ~
ro-> 0
~
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the applicant's request to vacate the 5-foot utility easement lying along the south property line of Lot
1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision and vacate the lO-foot alley lying adjacent to the
north property lines of Lots 2,6,7 and the west 15 feet of Lot 8, Sunset Point Replat, (a.k.a. 1925 Edgewater
Drive), subject to conditions, and approve Ordinance Number 7650-06 on first reading, (V AC2006-07 Robel
Bayview, LLC),
SUMMARY:
The applicant is seeking the vacation in order to redevelop the subject property with a 62-unit multiple family
development. The subject alley is unimproved and unused except for an existing sanitary sewer line and
private utilities. The applicant proposes to relocate the sanitary sewer and deed a new IS-foot easement to the
city. Verizon and Brighthouse Cable have facilities in the subject alley/easement and will have no objections
provided that the applicant pays for all costs related to the relocation of their facilities. Progress Energy and
Knology have no objections to the vacation request. The applicant received Flexible Development approval
from the Community Development Board on July 20, 2004. Subsequent extensions of this approval were
obtained and the applicant currently has until April 26, 2007 to obtain a building permit for this project. The
Public Works Administration recommends approval of the vacation request subject to the condition that the
applicant shall relocate the City's sanitary sewer line and all other utilities at their sole expense within six (6)
months and a new IS-foot utility easement shall be deeded to the city.
Type: Other
Current Year Budget?: None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Annual Operating
Cost:
Total Cost:
Not to Exceed:
For Fiscal Year:
to
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
ORDINANCE NO. 7650-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIVE-FOOT UTILITY
EASEMENT LYING ALONG THE SOUTH PROPERTY LINE
OF LOT 1 AND THE WEST 22.71 FEET OF LOT 2,
SUNNYDALE SUBDIVISION AND VACATE THE 10-FOOT
ALLEY LYING ADJACENT TO THE NORTH PROPERTY
LINES OF LOTS 2, 6, 7 AND THE WEST 15 FEET OF LOT
8, SUNSET POINT REPLAT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Robel Bayview, LLC., 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:
Vacate the 5-foot utility easement lying along the south property line of Lot 1 and
the west 22.71 feet of Lot 2, Sunnydale Subdivision as recorded in Plat Book 31,
page 12 of the Official Records of Pinellas County, Florida and vacate the 10-foot
alley lying adjacent to the north property lines of Lots 2,6,7 and the west 15 feet of
Lot 8, Sunset Point Replat as recorded in Plat Book 4, Page 56, Official Records of
Pinellas County, Florida,
is hereby vacated, subject to the following conditions:
Deeding to the City of Clearwater a new 15-foot utility easement over the west 15
feet of Lot 8 of said Sunset Point Replat, relocate at the applicant's sole cost the
existing sanitary sewer line within six (6) months of the date of adoption of the
vacation and submit to the City Engineer proof that all other existing utilities lying
within the easement and alley portions 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 one (1) year 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.
Ordinance No. 7650-06
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7650-06
B
~ 28692
SEDEEVA ST
28674
B
7 8 9 10 11 12 13 14 15 16 17 18 19 20
61
59
100 60
~
N
W.JSt~E
~~'>!
S
City of Clearwater
Public Works Administration / Engineering
Vacate the 5-ft. utility easement lying along south property lines of Lot 1, and the
west 22.71 feet of Lot 2, Sunnydale and vacate the 10-ft. alley adjacent to the Nort
property lines of Lots 2,6 and 7 and the West 15 feet of Lot 8, Sunset Point Replat.
New 15-ft. utilit eastment described as the West 15' of lot 8 Sunset Point Re lat.
Grid #
S.K.
251A
Reviewed By:
S.D.
Scale: 1" = 200 ft
Ordinance 7650-06
DWG. NO V AC 2006-07
Drawn By:
S-T-R
03-29s-15e Date: 05/15/06
~I
a
~ MARINE ST
\~D~I
LrrOOORE
GRANADA
ST
ST
(
I
I I
CHARLES
I~
ST
SEDEEVA
ST
SEDEEVA
PROJECT
SITE
POINT DR
DR
w w
~ ~
RD
:::.:::
0
0
0::
III
0::
W
>
0
z
<(
f=
w
z
w
>
CALUMET
VENETIAN
I
I
PRINCESS
I
LEBEAU
I~I
I~I
LLI
I
NOKOMIS
IROQUOIS
N
W xtlLE
~~
S
City of Clearwater
Public Works Administration / En
Vacate the 5-ft. utility easement lying along south property lines of Lot 1, and the
west 22.71 feet of Lot 2, Sunnydale and vacate the 10-ft. alley adjacent to the North
property lines of Lots 2,6 and 7 and the West 15 feet of Lot 8, Sunset Point Replat.
New 15-ft. utility eastment described as the West 15' of lot 8 Sunset Point Replat.
Grid #
S.K.
251A
Reviewed By:
S.D. Scale: N.T.S
Ordinance
7650-06
Drawn By:
DWG. NO V AC 2006-07
S-T-R
03-295-15e Date: 05/15/06
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve agreement provisions for architectural services contracts with the firms of Baker Barrios Architects,
Inc.; Harper Aiken Partners, Inc.; Harvard Jolley Architects and Wannemacher Russell Architects, Inc.;
Fowler Associates Architects, Inc., Plisko Architecture, P.A.,; Aude, Shand & Williams, Inc. AlA, (consent)
SUMMARY:
The City's current Architect of Record (AOR) contracts have expired. On January 30, 2006 a Request for
Proposals (RFQ-1O-06) was issued for a new Architect of Record contract. This RFQ required a fully staffed
operational office in the Tampa Bay Metropolitan area. On March 1,2006, twenty-one (21) architectural
consulting firms responded to the RFQ. On March 15, 2006, a selection committee consisting of
representatives from the City Manager's Office, Engineering, General Services, Planning and Development
Services, Purchasing and Parks & Recreation short listed six (6) of the twenty-one (21) firms. The six (6)
firms gave oral technical presentations on March 21 and March 22,2006 and the selection committee chose
four (4) firms to enter into AOR contracts. On May 1,2006 a Request for Proposals (RFQ-19-06) was issued
for a Local Architect of Record contract. The RFQ required a fully staffed operational office in the municipal
limits of the City of Clearwater. On June 1,2006, three (3) architectural consulting firms responded to the
RFQ. On June 5,2006, after review of the written submittals, the above referenced selection committee
decided to retain all three (3) local architectural firms, determining that oral/technical presentations were not
needed. The Architectural firms were evaluated and and rated according to the following criteria: . Technical
ability, including technical education and training of personnel. Evaluation will be based not only upon the
firm's capabilities, but also upon the abilities and accomplishments of the individuals to be assigned to the
project. Availability to expeditiously complete assignments. Clearwater business and community
involvement. Fullness of response - management and technical staff ability. Prior municipal experience
including permitting expertise with Federal, State, and Local Regulatory agencies. Quality Assurance and
Quality Control The selection committee recommendation is to negotiate five (5) year AOR contracts with the
following seven (7) architectural consulting firms: Baker Barrios Architects, Inc., Tampa, Florida; Harper
Aiken Partners, Inc., St. Petersburg, Florida; Harvard Jolley Architects, St. Petersburg, Florida and
Wannemacher Russell Architects, Inc., St. Petersburg, Florida; Fowler Associates Architects, Inc.,
Clearwater, Florida; Plisko Architecture, P.A., 800 Drew Street, Clearwater, Florida; Aude, Shand &
Williams, Inc. AlA, Clearwater, Florida. While negotiating with the seven (7) firms, attention was given to
assuring that the costs for services by each firm were competitive with contracts entered into with other
clients in the Tampa bay area. Careful consideration was given to drafting contracts with competitive costs for
services over the term of the agreement. Standard hourly rates have been established and are reflected in the
contracts. The multiplier to be applied to raw salary cost for the "Cost times Multiplier Basis" for all firms is
3.25%. By entering into an agreement with the seven (7) architectural firms, the City maintains maximum
flexibility in making use of the best expertise and talent available in support of the diverse projects required to
implement the Capital Improvement Program.
Bid Required?:
Other Bid /
Contract:
Yes
Bid Number:
RFQ# 10-06
Bid Exceptions:
None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Engineering 5) Office of Management and
Budget 6) Legal 7) Clerk 8) City Manager 9) Clerk 10) City Manager 11) Clerk
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the day of
2006 by and between the City of Clearwater, Florida and
. (ENGINEER) and/or (ARCHITECT).
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain
professional services pertinent to such work in accordance with this Agreement; and
WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services
in accordance with this Agreement; and
WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the
competitive selection process described in Section 287.055 of the Florida Statutes, and based on
information and representations given by the ENGINEER and/or ARCHITECT in a proposal
dated February 2006:
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER and/or ARCHITECT to the City will be that of a
professional consultant, and the ENGINEER and/or ARCHITECT will provide the
professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to work with and
for the CITY toward solutions to engineering /architectural problems and the approach or
technique to be used toward accomplishment of the City's objective for each project or
assignment. Expected professional project services shall include, but not be limited to,
planning, analysis, design, preparation of construction plans and details, regulatory
permitting, preparation of technical specifications, preparation of bid and contract
documents and construction management for potential City project areas listed below:
. Parks & Recreational facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
. Fire Department facility improvements, including expansion or improvements to existing
facilities as well as development of new facilities
. Police Department facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
. Marine & Aviation facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
. Library facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
. Parking facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
. General Services / Solid Waste facility improvements, including expansion or
improvements to existing facilities as well as development of new facilities.
2.2 The follow lists other work assignments that may be reasonably required under the
general scope of this professional agreement:
. Land surveys, right-of-way surveys, preparation of right-of-way control surveys,
preparation of right-of-way mapping/parcel descriptions/parcel sketches.
. Transportation improvement planning and studies, including Project Development &
Environment (PD&E) studies.
. Appraisals of land under consideration for acquisition by the City.
. Review and assessment of the applicability of designlbuild contracts for various City
improvements.
. Development/preparation of grant applications for City projects.
. Preparation and implementation of public involvement programs, including graphics
powerpoint presentation, slides, handouts, etc.
2.3 The ENGINEER'S and/or ARCHITECT'S services under this Agreement will be
provided under Work Orders. Generally, each Work Order will include the services for a
single project or assignment, and it will contain a mutually agreed-upon detailed scope of
work, fee, and schedule of performance in accordance with applicable fiscal and
budgetary constraints. Total compensation for all services shall not exceed $100,000 per
Work Order unless specifically authorized by the City Council.
2.4 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of
professionally qualified personnel available to the City for the purpose of rendering the
required engineering and/or architect services hereunder, and shall diligently execute the
work to meet the completion time established.
2
2.5 The City reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The ENGINEER and/or ARCHITECT will, when directed to do
so by the City, coordinate and work with other engineering and/or architectural firms
retained by the City.
3.0 PERIOD OF SERVICES
3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully
executed copy of each Work Order, in accordance with Paragraph 2.3, above. Receipt of
a fully executed Work Order shall constitute written notice to proceed.
3.2 If the ENGINEER'S and/or ARCHITECT'S services called for under any Work Order
are delayed for reasons beyond the ENGINEER'S and/or ARCHITECT'S control, the
time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continues in force until five (5)
years from the date of execution, subject to the provisions for termination contained
herein. Assignments that are in progress at the Contract termination date will be
completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the
City.
4.0 INSURANCE REQUIREMENTS
See Exhibit "B" attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNA) - Florida Statue 287.055
Professional Services requested in this RFP are within the scope of the practice of
architecture, landscape architecture, professional engineering, or registered land
surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055
apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, etc., supplied
by the ENGINEER shall become the property of the City. The City acknowledges that
such documents are not intended or represented to be suitable for use by the City or to
others for purposes other than those for which the documents are prepared. Any reuse of
these documents without written verification or adaptation by the ENGINEER and/or
ARCHITECT for the specific purpose intended will be at the City's sole risk without
liability or legal exposure to the ENGINEER and/or ARCHITECT.
6.2 When authorized, the ENGINEER and/or ARCHITECT shall prepare a final estimate of
probable construction costs, following City approval of the bid documents and other pre-
bid activities. The City hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be construed, as a promise that
designed facilities will not exceed a cost limitation. Should the lowest, responsive and
3
acceptable bid price received by the City within three (3) months from the date of the
City's approval of the bid documents exceed the ENGINEER'S and/or ARCHITECT'S
final cost estimate by more than ten percent (10%), the ENGINEER and/or ARCHITECT
shall perform a detailed evaluation of the low bid. The evaluation will review the bid
prices on a line item basis, identifying areas of disagreement and providing a rationale for
the difference.
6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to
testify in connection with any suit at law. A supplemental agreement will be negotiated
between the City and the ENGINEER an/or ARCHITECT describing the services desired
and providing a basis for compensation to the ENGINEER and/or ARCHITECT.
6.4 Upon the ENGINEER and/or ARCHITECT'S written request, the City will furnish or
cause to be furnished such reports, studies, instrnments, documents, and other
information as the ENGINEER and/or ARCHITECT and City mutually deem necessary.
6.5 The City and the ENGINEER and/or ARCHTIECT each bind themselves and their
successors, legal representatives and assigns to the other party to this Agreement and to
the partners, successors, legal representatives and assigns of each other party, in respect
to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or
ARCHITECT will assign or transfer its interest in this Agreement without written
consent of the other.
6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend, save and hold
harmless the City from all claims, demands, liabilities and suits caused by any negligent
act, error or omission of the ENGINEER and/or ARCHITECT, the ENGINEER'S and/or
ARCHITECT'S subcontractors, agents, or employees in rendering the professional
services called for herein. It is specifically understood and agreed, however, that this
indemnification agreement does not cover or indemnify the City for its own negligence.
The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save,
and hold harmless the City from any and all fines, costs, and expenses caused by, directly
or indirectly, with the ENGINEER'S and/or ARCHITECT'S failure to comply with any
applicable laws, statutes, ordinances, or government regulations.
6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or
persons in the employ of the City to an allied capacity, on either a full or part-time basis,
on the date of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to City projects by the ENGINEER shall not be removed from
the projects until alternate personnel acceptable to the City are approved in writing by the
City.
6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s)
with each request for payment.
4
7.0 COMPENSATION
7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of each Work Order, upon
presentation of ENGINEER'S and/or ARCHITECT'S invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit "C".
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the City once each
month. Such invoices shall be due and payable upon receipt.
7.3 The ENGINEER and/or ARCHITECT agree to allow full and open inspection of payroll
records and expenditures in connection with hourly rate and cost plus fixed fee work
assignments upon request of the City.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the ENGINEER
and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed
to pay any persons, company, corporation, individual or firm, other than a bona fide
employee working for the ENGINEER and/or ARCHITECT any fee, Council,
percentage, gift, or any other consideration, contingent upon or resulting from the award
or making of this Agreement.
9.0 TERMINA TION
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the
provisions of outstanding Work Orders for all work performed up to the date of
termination.
10.0 SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
City, without affecting any other Work Order or this Agreement, the ENGINEER and/or
ARCHITECT shall be given five (5) days prior written notice of such action and shall be
compensated for professional services provided up to the date of suspension, cancellation
or abandonment.
This agreement shall be administered and interpreted under the laws of the State of
Florida.
5
11.0 TERMINA TION OF CONVENIENCE
Either the City or the ENGINEER and/or ARCHITECT may terminate the Agreement at
any time by giving written notice to the other of such termination and specifying the
effective date of such termination at least thirty (30) days before said termination date. If
the Agreement is terminated by the City as provided herein, the ENGINEER and/or
ARCHITECT will be paid for services rendered through the date of termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date and year first above written.
By:
WITNESS:
By:
Countersigned:
CITY OF CLEARWATER
By:
Frank Hibbard
Mayor-Council Member
William B. Horne, II
City Manager
Approved as to form and
Correctness:
ATTEST:
By:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
6
EXHIBIT "B"
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE
The City of Clearwater enters into agreements and contracts for services and/or products of other
parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interests and to minimize its potential liabilities. Whenever applicable, the following terms shall be
included in agreements and contracts.
CITY DEFINED
The term "City" (wherever it may appear) is defined to mean the City itself, its Council, the
Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created
pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies,
officers, employees, volunteers, representatives and agents.
OTHER PARTY DEFINED
The term "other party" (wherever it may appear) is defined to mean the other person or entity which is
a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees,
volunteers, representatives, agents, contractors, and subcontractors.
HOLD HARMLESS
The City shall be held harmless against all claims for bodily injury, sickness, disease, death or
personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement
or contract unless such claims are a result of the City's sole negligence.
PAYMENT ON BEHALF OF CITY
The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as
may be selected by the City, for all claims described in the "Hold Harmless" paragraph.
Such payment on behalf of the City shall be in addition to any and all other legal remedies available to
the City and shall not be considered to be the City's exclusive remedy.
7
INSURANCE
The other party shall provide the following described insurance, except for coverage's specifically
waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the other party. The City does not
represent these types or amounts of insurance to be sufficient or adequate to protect the other party's
interests or liabilities, but are merely minimum.
Except for Workers' Compensation and Professional Liability, the other party's insurance policies
shall be endorsed to name the City as an additional insured to the extent of the City's interests arising
from this contract or agreement.
Except for Workers' Compensation, the other party waives its right of recovery against the City, to the
extent permitted by its insurance policies.
The other party shall request that its insurers' policies include or be endorsed to include a severability
of interest/cross liability provision so the City will be treated as if a separate policy were in existence
without increasing the policy limits.
The other party's deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. The other
party is responsible for the amount of any deductible or self-insured retention.
Workers' Compensation Coveraee
The other party shall purchase and maintain Workers' Compensation Insurance for all workers
compensation obligations imposed by state law and employers liability limits of at least $100,000 each
accident and 100,000 each employee/$500,000 policy limit for disease.
The other party shall also purchase any other coverage's required by law for the benefit of the
employees.
General. Automobile and Excess or Umbrella Liabilitv Coveraee
The other party shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial or Comprehensive General Liability and Business Auto policies of the
Insurance Services office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella
insurance making up the difference, if any, between the policy limits of underlying policies (including
employers liability required in the Workers' Compensation Coverage section) and the total amount of
coverage required.
8
Commercial General Liability
If Commercial General Liability coverage is provided:
Coveraee "A": Shall include premises, operations, products and
completed operations, independent contractors, contractual liability covering this
agreement or contract, and broad form property damage coverage's.
Coveraee "B": Shall include personal injury.
Coveraee "C": Medical payments are not required.
Occurrence Form:
The occurrence form of Commercial General Liability must be provided.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it shall include at least:
. Bodily injury and property damage liability for premises, operations,
products/completed operations, independent contractors, and property damage
resulting from explosion, collapse or underground (x,c,u) exposures.
. Broad Form Comprehensive General Liability coverage, or its equivalent, with at
least:
. Broad form contractual liability covering this agreement or contract, personal injury
liability and broad form property damage liability.
Products/Completed Operations Coveraee
The other party is required to continue to purchase products contract or agreement, for a minimum of
three years (3) beyond the City's acceptance of renovation or construction projects.
Business Auto Liability
Business Auto Liability coverage is to include bodily injury and property damage arising out of
operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and
employee non-ownership use.
W atercraft/ Aircraft Liability
If the other party's provision of services involves utilization of watercraft or aircraft, watercraft
and/or aircraft liability coverage must be provided to include bodily injury and property damage
arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non-
owned and hired.
9
Excess or Umbrella Liabilitv
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage's.
CERTIFICA TES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City shall
be notified at least thirty (30) days in advance of cancellation, non-renewal or adverse change. New
Certificates of Insurance are to be provided to the City at least fifteen (15) days prior to coverage
renewals.
If requested by the City, the other party shall furnish complete copies of the other party's insurance
policies, forms, and endorsements.
The address where all such Certificates of Insurance and policies of insurance, when requested, shall
be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, Florida 33758-4748
For Commercial General Liability coverage, the other party shall, at the option of the City, provide
an indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, that indicate less coverage than required does not constitute a
waiver of the other party's obligation to fulfill the insurance requirements herein.
INSURANCE OF THE OTHER PARTY PRIMARY
Insurance required of the other party or any other insurance of the other party shall be considered
primary, and insurance of the City shall be considered excess, as may be applicable to claims
that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and Additional Insurance
and Certificates of Insurance provisions of this agreement or contract.
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by the other party for the protection of all persons,
including employees, and property. The other party shall be expected to comply with all applicable
laws, regulations, or ordinances related to safety and health and shall make special efforts where
appropriate to detect hazardous conditions and shall take prompt action where loss control/safety
measures should reasonably be expected.
10
The City may order work to be stopped if conditions exist that present immediate danger to persons
or property. The other party acknowledges that such stoppage will not shift responsibility for any
damages from the other party to the City.
CONSIDERA TION FOR HOLD HARMLESS/PA YMENT ON BEHALF
Applicable to Florida Construction Contracts
The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the
consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of City, Insurance
and Certificates of Insurance provisions in this agreement or contract.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss which could affect the
work being performed.
Commercial General Liabilitv Increased General Aeereeate Limit
The minimum commercial general liability general aggregate limit shall be $
that is greater than the occurrence limit simply because it is an annual aggregate limit.
Installation Floater Insurance
Installation Floater insurance is to be provided to cover damage or destruction to equipment being
installed or otherwise being handled or stored by the other party. The amount of coverage should be
adequate to provide full replacement value of the equipment being installed, otherwise being handled
or stored on or off premises. All risks coverage is preferred.
Motor Truck Careo Insurance
If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck
Cargo or Transportation insurance is to be provided for materials or equipment transported in the
other party's vehicles from place of receipt to building sites or other storage sites. All risks covered
are preferred.
Contractor's EQuipment Insurance
Contractor's Equipment insurance is to be purchased to cover loss of equipment and machinery
utilized in the performance of work by the other party. All risks coverage is preferred.
Fidelitv/Dishonestv Insurance - Coveraee for Emplover
Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party's
employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc.;
especially property necessary to work performed.
11
Fidelitv/Dishonestv/Liabilitv Insurance - Coveraee for City
Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest acts of the
other party's employees resulting in loss to the City.
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS
If checked below, the City requires the following types of insurance for renovation or construction
contracts, in addition to required coverage's previously cited, including Additional Insurance for
Repair or Service or Other Contract.
Commercial General Liabilitv Proiect Aeereeate
Because the Commercial General Liability form of coverage includes an annual
aggregate limitation on the amount of insurance provided, a separate project aggregate
limit is required by the City for this contract or agreement.
Owners Protective Liabilitv
For renovation or construction contracts the other party shall provide for the City an
Owners Protective Liability insurance policy (preferably through the other party's
insurer) in the name of the City.
Builders Risk
Builders Risk insurance is to be purchased to cover the property for all risks of loss,
subject to a waiver of coinsurance, including coverage of risks indicated in the
Installation Floater and Motor Truck Cargo insurance previously described if such
coverage's are not separately provided.
The Builders Risk insurance is to be endorsed to cover the interests of all parties,
including the City and all contractors and subcontractors. The insurance is to be
endorsed to grant permission to occupy.
PROFESSIONAL LIABILITY. MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types of insurance for professional,
malpractice, and errors or omissions liability.
X Hold Harmless
The following replaces the previous Hold Harmless wording:
The City shall be held harmless against all claims for bodily injury, sickness, disease,
death or personal injury or damage to property or loss of use resulting therefrom arising
out of performance of the agreement or contract, unless such claims are a result of the
City's own negligence.
12
The City shall also be held harmless against all claims for financial lost with respect to
the provision of or failure to provide professional or other services resulting in
professional, malpractice, or errors or omissions liability arising out of performance of
the agreement or contract, unless such claims are a result of the City's own negligence.
X Professional Liabilitv/Malpractice/Errors or Omissions Insurance
The other party shall purchase and maintain professional liability or malpractice or
errors or omissions insurance appropriate for the type of business engaged in by the
other party with minimum limits of $1,000,000 per occurrence.
If a claim's made form of coverage is provided, the retroactive date of coverage shall
be no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that any new policy provide a
retroactive date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be expected to enter into 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 requirements as contained herein. A failure to
do so, may, at the sole discretion of the City, disqualify any party from performing services or selling
products to the City provided; however, the City reserves the right to waive any such requirements.
13
Exhibit "C"
****
Provision of Payment
BASIS FOR PAYMENT
The owner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/or ARCHITECT
agrees to accept as full compensation for its services (as established by Work Order)
compensation as computed by one of the following methods:
Method "A" - Costs Times Multiplier Basis -
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based
on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc., times a factor of 1.00.
Method "B" - Lump Sum -
Compensation in the form of "lump sum" shall be determined by mutual agreement between the
ENGINEER and/or ARCHITECT and the City. The lump sum amount shall be negotiated based
upon a scope of services developed by the ENGINEER and/or ARCHITECT and approved by
the City.
14
AVERAGE ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING
OVERHEAD, FRINGE BENEFITS AND OPERATING MARGIN)
The estimated hourly rates below represent May, 2006 costs and categories. Periodic changes
are anticipated and modification can be made annually upon City and ENGINEER and/or
ARCHITECT review. (Note: All rates are hourly salary rates).
Job Classification Minimum Rate ($ / hour) Maximum
Typical
Principal 54.00 60.00 68.00
Sf. Vice President 55.00 62.00 69.00
Interior Design 24.00 29.00 33.00
Project Architect/Project Manager 30.00 36.00 42.00
Draft/CAD 21.00 27.00 31.00
Construction Administration 28.00 33.00 41.00
Specification Writer 30.00 36.00 42.00
Cost Estimator 34.00 38.00 43.00
Administrative/Clerical 14.00 16.00 19.00
MULTIPLIER: 3.25
15
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare as surplus for the purpose of conveying title to the Community Redevelopment Agency of the City of
Clearwater (CRA) real property identified as Pinellas County parcels 15/29/15/65196/000/0030,0034,0060,
0061,0062 and 0063 (a/k/a Clearwater Automotive site), and authorize appropriate officials to execute a
Deed of Conveyance to convey fee title therein.
SUMMARY:
On October 30, 2003 the City received title to the subject parcels ofreal property, among others, that
conveyed title to lands formerly occupied by Clearwater Automotive located in the 200 and 300 blocks of
South Martin Luther King, Jr. A venue. The "as is" purchase obligated the City to fund the costs of
demolition, as well as environmental due diligence and remediation. One source of funds earmarked for the
site remediation is the Brownfields Cleanup Revolving Loan Fund the City received from the EPA in 1999
(Brownfields). Council adopted Resolution 05-19 on May 19,2005 authorizing the City to transfer the
Brownfields funds to the CRA for the Clearwater Automotive cleanup. The amount of the loan is $350,000.
The Resolution also required that the CRA own all of the cleanup property in order to utilize the Brownfields
funds for that purpose. The transfer of the subject lands from the City to the CRA will essentially consolidate
ownership in all of the former Clearwater Automotive property that will require environmental remediation
utilizing the Brownfields funds prior to offering the property for redevelopment. The lands being transferred
are part of the former salvage yard and do not include the former Clearwater Automotive office located at 115
South Martin Luther King, Jr. A venue.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
.
--
~~
~
--~
-. -
'C'!!i
rE-'
~
.
....
.
.
< P: ~~/ :li>,: f:- $".~ ".' -:.. . t :.t~..
t~.-:::....."-" ~..."'".-i~:~_"t;t,~.!i.~~;~~~ I~ ~ J:.i....
.. -. - . - -. -
.'.---. "'l' r. " - ..... :":. ........-. ".-. ......- ~_.. ~--......~ -;--. ":" ~ ..... "":.~,.r- I .....r".. ........:.-.... . ~... i" I - . '!;}..
I~:\ ~:--i ~II~ ~\ II )... ~ I \ ~t I J ":.";: .., r. ~'Y.-" I~ } .~).~ ..~~ ." ;." ^~ .~1 :.-: Jt ill-:l&r 1'1 :.e-. y ~ ~ . ~ ~. .... ~ --.'J~ r.l::;. ....~.b .it.i .~~ . I.r .l!f!!1!!'1.'" $X .~... ~"!:.. ':. ~
~(I':._\~.}"'~ 5.i....~':....~~..r:::..-~l:.lt...t..~ ~~ .:~~_~ I~-.i-_ )..:........;...g~ ~_~'~-l..-.~.~::'-:..-I.1..t:1 =..:: -:.,-:;?_~~~.~~,;,,1:.::.. ~~~ .c-.:s:.:~~~.~.: ~...:;::::z..._..:..ft _ ~~- ....~...~_:.v~-...-Jin
".-:..c::::------- - -=--- _--== -. ~ =--- =--~ - ~ =
. -
.
:r-
.
.
.
Meeting Date: 6/13/2006
Work Session
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 10/0112006, to $10.50 per ERU beginning
10/0112007, to $11.13 per ERU beginning 10/0112008, to $11.80 per ERU beginning 10/0112009 and to
$12.51 per ERU beginning 10/0112010.
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 10/1198 to $4.73 beginning 10/112002. .
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 know ledge 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 stormwater 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
10/112005. . 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 10/01106 ($9.63), 10/01107
($9.92) and 10/01108 ($10.22) with no recommended change to the previously approved rates of $8.65 and
$9.35 effective 10/01104 and 10/01105 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
10/1106 ($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 FY 1 0 and III in FY 11. 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 10101/06 10/1 lGe 07 10/1100 08 10/1 IQ.709 10/1100 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
Wilson. Denise
W5. Ob-\50b
EIIg ~5 (7.5J
From:
Sent:
To:
Cc:
Subject:
Mike _Flanery@doh.state.f1.us
Tuesday, June 13, 2006 11 :58 AM
Wilson, Denise
Carrier, AI
RE: Stormwater Utility Update 2006
Thank you for providing me the opportunity to review the City of
Clearwater's Storm Water Utility and Management Plan. I am pleased to
see the City has taken a proactive approach to concurrently improve the
environment, public health, and safety.
The Stormwater Utility Plan as presented appears to provide much needed
improvements through a reasonable long-term approach.
D. Michael Flanery P.E.
Chair, City of Clearwater
Environmental Advisory Board
1
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue ANX2006-02004, 1574 Crown Street to the City Council meeting scheduled for July 20,2006 (First
Reading).
SUMMARY:
This item has been rescheduled due to a public notice and agenda error in the locational description of the
site.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low
(RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-
3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1424
Regal Road (Lot 6, Solar Crest Subdivision in Section 23, Township 29 South and Range 15 East); and Pass
Ordinance 7640-06, 7641-06 & 7642-06 on first reading.
SUMMARY:
This annexation involves a 0.176-acre property consisting of one parcel, located on the north side of Regal
Road, approximately 500 feet west of Braund Street. The property is contiguous with the existing City
boundaries to the south; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-
63 with regard to voluntary annexation. The applicant is requesting this annexation in order to receive solid
waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation
of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning
Department determined that the proposed annexation is consistent with the following standards specified in
the Community Development Code: . The proposed annexation will not have an adverse impact on public
facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive
Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous
to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an
enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
accordance with the provisions of Pine lIas County Ordinance 00-63, Section 7(1-3), and no objections have
been raised. Please refer to the attached report (ANX2006-02005) for the complete staff analysis. The
Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on
May 16,2006 and unanimously recommended approval.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
May 16.2006
ANX2006-02005
Joseph & Wynette Schramm
1424 Regal Road
G1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.176-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,650 square feet or 0.176 acres
(75 feet wide by 102 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - May 16, 2006 - Case ANX2006-02005 Page 1
SURROUNDING USES:
North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Single-family residence
ANALYSIS
This annexation involves a 0.176-acre property consisting of one parcel, located on the north side
of Regal Road, approximately 500 feet west of Braund Street. The property is contiguous with
the existing City boundaries to the south; therefore, the proposed annexation is consistent with
Pinellas County Ordinance #00-63 with regard to voluntary annexation. The applicant is
requesting this annexation in order to receive solid waste service from the City. It is proposed
that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a
zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater; the property is currently on
septic. Sanitary sewer is not currently available in this area.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City's zone system and officers in the field. The Police Department has stated that it will be
able to serve this property and the proposed annexation will not adversely affect police service
and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #47 located at
1460 Lakeview Road. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - May 16, 2006 - Case ANX2006-02005
Page 2
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas. Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to existing city boundaries and within the
City's urban service area and will be located in the RL category. The proposed annexation is
consistent the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 75 feet wide and
7,650 square feet in lot area.
Staff Report - Community Development Board - May 16, 2006 - Case ANX2006-02005
Page 3
Recommended Conclusions of Law
The subject property exceeds the City's mInImUm LMDR dimensional requirements and IS
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the east and represents a logical and appropriate extension of the
existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to the City boundaries and is compact in its
concentration; therefore the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
Staff Report - Community Development Board - May 16, 2006 - Case ANX2006-02005
Page 4
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.176-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zOnIng
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-02005 1424 Regal Road - Schramm\ANX2006-
02005 Staff_Report. doc
Staff Report - Community Development Board - May 16, 2006 - Case ANX2006-02005
Page 5
1. 1424 Regal Road
2. 1424 Regal Road
4. View of across the street from 1424 Regal
3. Facing west from 1424 Regal Road
5. Facing east from 1424 Regal Road
ANX2006-02005
1424 Regal Road
Joseph & Wynette Schramm
.:::.,:: . ::iii:,':: :::::i.:;::: :./i::..':;\:.i:.:'.::::,:::'(:::.::;:::::~.::::.
::.::(:: :::::\:i:, :;./::ii i}\( ::(((:::: :::.:,::ii; ::::::\.::::. :;:i:\... N./ (:::
.;,:.;:.:<:: .:':)'.:. :::'.';- : : : :.::"),:';1i!O!J.'!.~.t: : : ::, ::),:.:::<:. .:'.::::'.:< .:..': : : ::
.:-:i:;f".:::.. .:.:', ,.:." :'.,.:.:: ,:.:., ...,:,.:" ;., .:..,. :.,
.:;:-.:: :..: \:.:1:.;':::./,:.\ \::.:.,: :::. :.':: :..: \:. L~.~ :,:.,:i,:: ::. ': i/':: \.:\;:.;. . :.::i,:.,: ::,:: ::.
::,:..:':::::.'::'.:::i,::,:'::::,:.:'(::. :~ir:,::-:::::,::-:':,:::.:,::: :.'::'..::.::,::.:
.-.:.::::": :':::>: .:.':.::' '.:..:.::, LJi>:.:.:, .::'i.:..: =.-.:.:.::: ::'::> :.:.:'
:;.::.::<:.:::.::,::.::..:':'.':::: :.:..:::::;:'R.f: .~~.l?:::] . t:.::.::::. . .: :.:.
YL
2 X 2 Map
Owner Joseph & Wynette Schramm Case: ANX2006-02005
Site: 1424 Regal Road Property 0.176
Size (Acres):
Land Use Zoning
PIN 23-29-15-83880-000-0060
From RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 315A
Map Name
Owner Joseph & Wynette Schramm Case: ANX2006-02005
Site: 1424 Regal Road 0.176
Land Use Zoning
PIN: 23-29-15-83880-000-0060
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 315A
........ . .. .... .... . ...... ..... . ............ . ..... ...... . ....... ..... ... ....
. . .. . . .. . .. . . .. . . .. . . .. .
85
~~
~-;,;; i :%%'~, ~~(.~':ii.::":~':':;::ii;.:::..:~::\.."':~i;~.:::~i:::i.:.~){:;::;~:";,:','~"::":;~;'.ill{::'i;:;"i.:"::;:~::~:.
~ ~ ..... .. ...... ...... ...... ..... ...... C.. ......
~ I,:: :..i ,; ::. ii::::-;./i i:.::: ::::-;:::i ;\:::::: ::i ::}:.;:i ::..'/::::-;. ,:i i:.:::::: ::i:::}: ;:i ::..':':\:.;.:ii i:: :::: ::i: ::::::.;:i ..(i:.;./i i:.:::::: :i:::}:..i.'; :'.ii :::.../i i::::::: ::.: ::}:.;:i ::..'/::::.:ii (:::::: ::i:::::::: i.':6\:.::.O:; (:: :::: ::i:;:::::'}i ::.i/::.; :i.:
W- \ ,,"' I:)i':::::~~:i::!:':.:~,::.:!!'::i..i..;:'::*i::::;':;~i;i::~:::::::';:;~::tii::':I~~~'i:0~!'!:;'~'::~;::::':i~:l:il:::l;:';::;:~:!',::,;::'
~d !.:t. ......<;.:.l::.::.:.:.:.'..:.:.::.::::.....:...::.::.:-.:.:.:...:.:-:.<: ::....':...:: .,:.;.:::.:.:.:.::. :.:.: ....,. ::...;.:.. ...:.:..:.::':...:.., ::. ..::.:.:.:..:.:-:.:::..........::.::.::,:.:.:.:.:..:.:::-....:'....:. .:::........:.:::::. ::.:.....:...: ::: :.: :.....:.:.:.< :::.....:..,:::::
eSI ell "litl.::.::. '.:.:-.' ::.::."::::. ::.':": .::.::.'.:.:-.' ::.::.'::::.: :::":. ::.: :.'.:.:-.' ::.::.'::::.ROSE-'S:T:.::. ':":. ::.:,'. '.:.:-.' ::.::.'::::. ::.':":. ::.:::.:.:..' ::.::. .::::.: :::":. ::.::.'.:.:-.' ::'::.'::::.: :.':": :.}~.!:~.. ::.::.'::::.: :.":":. :".
_ :;:.:" (::.:.:.::. :": "::.:":"::: :.:"::.: ::.: /::..:-.:;::::.: .::.: .:::.:.: :.:.i .:.;:.:. (:..:.>::::::.'::..: .:::.:.: :.:.i::.;:.:. (:::.:.-:::.::.'::... ::.:. :.: :.:.:. ::.:..:. (:::.:..:;::::::.'::..:::::.:.: :.:.:: ::.;:.:. (::.:..:;::::::.'::..: ::::.: _: :.:.i ::.;:.:. (::.:.>::::::.'::..: ::::.:.: :.:.::::_;:. :.(::.:..:;:::: : .::-:::.: :: ..:..:.: ::.: /::..:..:.-::::. .'::.
li'..:,i'::.~:~!.:,::'i: '.:,i.~i::.:'. \:;::~:!'~::'~:;'i.\:,,'~i :.~i.:'ff';m:'r;~.;'.":i~i:'.'i~..'.i:';~['!i(.~:;i ":.,'i': ",;~.:.':;".,'i".'.
.:... .::..: ....-:::,....:.... .::..: ...:.-.-:... .:.... .::..: ..::::.....:... .::,.: ... .::.-....,:.... ::..: ...::. .,....:.... .::.: ...::::. ...:.,.. .::.': ...::::.....:... .::..: .}5E-J....,:.... .::..: ..
.... .......... ............'...................; ................: ...:..........;.:...... ..:....... .;..'.::..:....:.........'..-.:.::... ...............:..::......
I-----""""
~
~
~
&
:::: ~
~
. ... ...
. .
..... :: :..,:" ..... . :: : .... .. .. ..:: :... ......:.::.... ,..:.::.... :: . . .>:J!fe5.':.:=,:::::: :. ::
2 :..~:.~.:::.:..::-::..:::.::..:..~:::::..:::.~:.::.j::-::..::::.:::-:..~::::..::.:. ...~.. .tb..,~....~... ....~..~. ..~....'.... .. ...:.~.. ...
~ ::~:.::. .:. :.:. :. :.: :.::: .~::.: :::; :.::. .:. f! :' :.:::.: :.: .~:.: :::; .::. .::./t~.:.::.:. . ~.. ~.~......~...:::..: ~.. :.;...:', .: :.:~:.::.:..:'. ..:. :. ::;:.;..:.:.::. :;. .j:=" :~.::.:.::.~.:~ ::...~. ~:; .~...:::..:~. ..:...:..:{:.{.: .:/.~~<. :.: :.'~ .:::.::. :
-.- ..... .. .... .....:. ............: ..:....:.... ,-
i:':::::/(::):::::::::.::::::\ii:i;:/:::::}:i::):::::::::.:::::::':::i:i':.\:/::::::/.(:::.::.:::,::.:::::::\ii':):;:/::::}1~qA.:i:/:#:#i
.. .... ..... . .. .... . ... . ......:.-;.......;.... .. ..;;.......;.........:.
1529
.....:...:.. .:
....;. ....-
~.::..:;;::/.:.:.:::.j
. . .... .
..,..,,:.:.::::..:.:.:.::.:..:..:.:',-....:::.,..,.:,:.::::..:.:.:
...:..::............:..:..::.:..:..::.......
-:;. .::...-;......:.:::.. :.-.. :: .;;
'"
""
~
... .:'::.:':.::.:::. ~ .:.:.:~.; : :.).:":~:~;:.;:::.~.{
. ..........
~ ;~.;:::.::i:::.::::. ~
~ :y.~::?{/.
~ ::.::.:.;.::~::'-
~ ,:.:;.::.:::~:'::
~ :i{:;:..;:.:.l:::: i.i:::.:.:.;.:::i:.~;1
..::::,:.:.::....,;:..;:::.:::.:..:.,:..:.:..:..:..::::!
.:..,::.:.::::..:}.:.:..:::.:.:.;,,-.:...::.:.:..,;
1533
... .
. ......
. . .. .
1587
~v
7572 0 ~ 1571 \y
1575 Church
1576
1580 <: 1579 1478 C'")
'"
..,J 1474 :!
~ 1472
1582 1583 1471
~ ~ /
1588 l.LJ 1587 ~U'
v
,6'03
Existing Land Use Map
Owner
Joseph & Wynette Schramm
Case
ANX2006-02005
Site
1424 Regal Road
Property
Size (Acres)
0176
Land Use
Zoning
PIN 23-29-15-83880-000-0060
From
RL (County)
R-3 (County)
To
RL (City)
LMDR (City)
Atlas Page
315A
ilIA TaB <: 1579
,s?JW A /l=.- ..,J
~---- 1582 ~ 1583
~
1587 1588 l.LJ 1587
I
~u
~
85
~
'"
~
~~[J
-
Vi
~
~
&
:::: ~
~
R U "'"
vV
Owner
Site
From
To
1470
~. . ... . ... . . .
!%00i@~; :(;:;!r::::::::::~:::':;::::<:;:::;::::;m::::i::'::~i:;:(:~;ii:;:::~:;:::::::::i:,i;;::~;::,::!;:i:~ ~ 1
~ 0 flU .t; .....~. ."1 ....."" .~. ....'> .lll. .....0< . "'......."" . \ij.~ ~ ....
a..:! :: : ::..:,..:.$.::. :..: :::::::.::.:~.'..::: ::..:,..;\.. .:::::::.::.::..~..: :: ::.::...;.c.:.: :.::{::O:"::.;...:: :: :.:..:ii:?::'.::::{::.::.:..:.~.':: :.:.::'ii:*-'.::. ::.:::::O:"::i~:::. :.:.=.,"?:>i:.: :.{::O:": :<.'~l::.::.:.::J:':': {::.::::).:.
~ !)i:.:}.::::::::i:i\::::\..::/:.:.:.:)i.::i::::::;:.i:::.\/:.;.~9:~:~f:~::r:BPi:..i::::::;:.i::::'::=:i::.:.. :.:.:i.:::ii:.\:.::.:::::::::.:.:\;::.:..: :.:':::.:.:.::iii:::.:.:::::'::::.:.::=:i::.:..: :.:.::.:.:.::ii:.>(:.:::::':::.:.:\:;::..: :.:.::
~ "":;~ ~ ':;,{~,:':,:i:: '!.'..':ii';:",:~:.;"" ':~:'.,,:::~.;:;:::,~,:::,~;:'::-::~;::'..::. :,;;":~ ".'~:r ',',.':::',":
1:::./ ::'.: '.: :...:>:...:.... . :-:...... . .::.. ::..: :'.::..::..:..:..:..\ ....: ..::. '.: ..:.:.:.:.:.::.::...:':::.::'::::.: ::::.:.::..:;.i: :'.:.:.:.: :: :.:.':: ... .: ::i'.::. .:::,::,:..,-.,-: .:.: ...... ......: :: .;.: :....::y:.::::::.:. :..:::.::. ::.:.:::.:::;. :....::::.::.::::..::.::..::. ::.:~:, :..:.:.:.:.:.:.-:....\.:.\::::.:.::.\,.: .....
....R........ ................. .... ............ .................. ................ .................. ....... .......... .;:). .1f30fj... ........
I):-:,'::::~:::,::ii:~,::i::;:::~::,i;:'~.:;,i:::~:.::~!:::.:":~",'[:;i!I:~;::::!i::~;i::::::~,,;:i;:i~.:::i"~;::~i ;;~::;iii,,:,:i!.:
I::::./,:::':.:::::.:.::-.:.;::.'::.:/::::.i;,:.:.:.::::::'}:.':;::..'::.:/::::i;,:.::..: :::::}:..:.;;:..'::.:/::::.i;!}p~'F-.?ri;::.:\:::::.;'::-.:.;;:.'::.:/::::.i;,:::':.:::::.;.:::..:.;;-:..'::.:/:::.i;,:.::..: :::::.}:'.:.;:.:..,::./::::.:.;,:.:\::: .;.::..:.:;:..:::::.: ::.i;,:.:\:.:::
.- : .. . . . .. . '.'-- - '-. '-' .- --- ...-- - .'- - .-'.-- ---.::....-.. .....- '-'.-- .-:.::...--.. ......-:-...-- :.:.::... . .. ....
m ,:,,";'fi:,:;:.:i.:i'.,f;ii:I,i:, ::.'iii:~:.;.iii.~!:i';"':~;:I:""::1.::,.;,:ii&i;:.:::~,;;,:.i:!:~'.:,.i,~;:; ::'::'.,:~~~i:::::':,:'
1500
. .
flL ..:,...... ... . ....::.~ .. ,.:. ..ii;iQ'::..:.:::::..:..:-:
~ ::::~:.~t/.):::/~ \::':.l: : :::.:: ::/:::E:i:i.:::.: :.'::':~:.r:::i::::. .::';'-"i~.:::.:. .:.:~:iiri.;.: :":~:::.:..:. :.:.: :.::i;'\.';:.:::i:: ::.::.::::.::::.< ~:;:i::':i~.i:::,:::{ :."-:.1:.:.::;:..::=.:: .:::.:.::.-;:..: :t:~9:::' '::.:.::.-::..:.-:::, ..
e/(::):'::;:;.::::iii:i-/:;:/:::::}:i::::::/::;:;/:::;':::i:i'/:;:/:::::i':.::::::/::;;i:{i(\:\/:::}r.~~~:~i:~R! [:)::;.::::.:i:':::::i I(::::(:'i::{:.i:;.;i::::':);::':i::::;:::::':-:':.:/{::.
'"
""
~
;::. ." ...::: 't: en..:: ~:: ;.:.;..1\"..':
. R ....-. .".
. .... .-."
1533
~ ;~.::::.::i:;:'::::
~
flU
~ :::~::}\.. R'fj~ .:..:.':)::~::': ,1J:t '::}:.:.:::.:.5F:::......:...:.::::.:..::;t:1
.- .~... .....y R'" ...." . ......
:i!lL ..Fili. .:::::.:::'::t.::::....::....:.:..:.:..]
." . :".: . '. '.: "." "(-:";
,
~ '0, <0'00, /
__~o_......~V
RLJ72 r ""'" 1571
,
R/OG
\y
1575
1576
I
1478
1474
1472
C'")
'"
:!
1471
4cctU'
Future Land Use Map
Joseph & Wynette Schramm
Case
ANX2006-02005
1424 Regal Road
Property
Size (Acres)
0176
Land Use
Zoning
PIN 23-29-15-83880-000-0060
RL (County)
R-3 (County)
RL (City)
LMDR (City)
Atlas Page
315A
~ C=:::J ~I I I
w, BARRY ffi ST BARRY Sf
~ .:..~ :5C=:::Jii:;1 I D;l~ ~o~
I.. ; lUSCOlA ST I ::E 5:
.:.". c=JWc=J ~ ~
~ ~ C:"':::J:I _: I l }
Bl c:=::Jml I I
.EFFORDS Sf
BARRY RIJ
[]~[]~[]~[]~
i"'D~~[]~[]i5[]ST ~
II': C) I m -
~~~~6
" '" '"
KINGSlEY ST
~
~
w w
~ ~
'<;
z
i!'
z
<<
Map Name
Owner Joseph & Wynette Schramm Case: ANX2006-02005
Site: 1424 Regal Road 0.176
Land Use Zoning
PIN: 23-29-15-83880-000-0060
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 315A
I-----"""" ())
I~ ~
~ 1470
-
1500
'"
~
1501
'" '"
co
co co
...
~
~
~
& ~ '"
;;: ~ ~
v
,6'03
1587
........ . .. .... .... . ...... ..... . ............ . ..... ...... . ....... ..... ... ....
~.... ... . . ...... . ... . . ........ ... . . ........ .... ... . ........ ... . . ...... . ... . . ....... ....
~,":%~,::,~'::,.':;:j ::::::'~;:::,i;it[iI::i~"':'::I:j::!:N::!:,i';:JJ\::::i~J,:::::~'::':::~:;,i':::'8,':!i;:"'41
~ .............. ........................................ N ..
~ ~ ~ ,:::::::~:':,!::~;:i::,::'~,'::::!!~~~~~ii:::i'~,:::[::~i::1:::'~{':I::::~:':",:::~:::~qm:~"'::::'
<: !.:.:.:.:::::.::::.:..:.:.:,':::..:'.:.:.:.:.:.:::::.::::.:..:.:.:,':::..:':..:.:.:.:.:::::.::::.:..:.:.:,':::..:':..:.:.:.:.:::::.::::.:..:.:.:,':::..:'.:.:.:.:.:.:::::.::::.:..:.:.:,':::..:':..:.:.:.:.:::::.::::.:..:.:.:'':::..:':..:.:.:.:.:::::.::::.:..:.:.:,':::..:
~......... .... "". .:,.:...: ::::..:.:.:.:....:....::.::...: :::.....::..:...:...:::.:....:.:.:;.:.....::.:...:...:::.:....:.:.:;::...:..::::...:....:::::....:.:.:,::.:.:..::::...:....:::::.,.:.:.::::.:.:..::::...:...:::.:....:.:.:;::.:.....:.::::
!'ii :.:-':'.:::::/:: :~.:.::.: :i.: /:: :.:/.:~:\:: r\:i: :::~::/ :.:/.i.:i:~.:\ i :::-.:..::::!:~.:/ .::.:i:t ir:.~:!. .:..:::::::::: :'::.~:::. .:: r.::;::::.:~.:..::: !i:: :.::.:..~\: r: i;.:: ~::~:::(:: :::.:.i:;~~~\ .:.: :is:!: :: :.::.~~j/ ii.::;:::;.:: ~::-.:..?::::.:: :.:
~.:: .:. i.:,:..::=:.::.:::.. :=:.::.:: :.....:: ":::.:."i.:,:-'::=: ':.:: :.....: =:..::: .::i.:,:'.::=:.::.:: :..:.: =:.<: .:."i .,'..::::.::.:: :...... ::..::: .:.'i.:,:.. -::.::.:: :.....:: ":::.:."i.:,:-':::. .::.:: :::.: =:..::: ':'/1/).::=. .:.::: :..:.: =:.<: .:."i.:,:..::=: ::.
[:.:::': :.. :..:....:.:.:: .:. ;:.:.: :.:.::: .:.: :.:.:.:.::,:. ::/::: :.': :-,,:.::':.:.:. : .:: ::.:.:.:. ::.:. :::/: :: :.': :-..:..:.:.:.:.:: .::: :. :.:.::,:.: ::,:::.:: :.': ..:'.:;:.':.:: .:: ;:.:.:.:. :,:.: ::,:::.:: :.': :..:..:: .:.,.:: .:::::.:.:. ::., ::,::::: :.': :-..:.:;:.:. :: .:: ::.:.:.:. ::.:.: :::.::: :::.':i:i:.:. :. ,:::..:. :.:.':,:.: ::.::;:: :.': :.....:;.: : ::.:
:'::....::.:: :: ...::...... .:-:....: .':::. .:..::.:.':.:. ....:'..:::,: .: .. .:.:.:.: :.:.''':: .'::::. :. :..:::: :.:.":: '.. .:: '. : ':::::. :.: .:. ...:::':: ': ....:. :::..: .:.' .:::.:. .. ....: .::.. .:'.:: ..:~ :. :":.:.:.:.:.::::...::...:::.:::: :..:
I:'.:.; ::::.:..: :=:: :..::..:: .:.'. :.:.: ::.: '.:. ,):.:. :=:::.'::.. ::':.'.: :.:. ::.:.:.; ::::.:..: :=:: '::.. ::.:.'.: :.:.:::.:. . i ::::.:.-::=:: :..::..: .:.'.: :.:.: ::.:.:.; i.:": :=:: :..: :..:: .:.'.: .:.: ::.:.:.; ::::.:..: .=:: :..::.. ::':.'.: :.:. ::....:., ::::.:..::=: :..::.. ::.:.:.: :.:., ::.:. : :;:l:=: :..::~ ~o.fi.':.: ::.:.:.; ::::.:..:::.: ...:
1::':::,'::':'~:;I'::ii~::i:':::~:,ii:i::::~:",:i:'~i:f~:':",i"~,"':;i!:"'~:r",'::ii[~;:':':;~'i,i:i'::~:"i'm:"~': 'ii:;,:';'j",i[,::,:':
=:::::i;,:.::':.'::::;.;.:>.;.:\.;-"'-:.:/:::::,:.;,:.:.:.'::::;-;.:>.';;.,'.;.."'-:.:/::::i;,:.::..' :::::.;.:::..;.;.;.;..",-:.:/:::::,.;!JP~'FJfr:.;,:.:\,:::;.;':>.;.;.;.;-"'-:.:/:::::i;,:::':.':::;.;.:>..:.;.;';.."'-:.:/::::i;,:.::..' ::::;.;.:>'.;.;:..;...::./::::::.;,:.:\'::: ;.;.:-:".;.;.;;.."'-:.:/:::::i;,:.:\'.::: ..;:.
.. .. .... . '. . '.' .... ...... '.. '.' ..... .. .... '. .... ... ...... '.. '.' .. ... ..... '.. '.' .... ...... '.. '.' .... ... ... ..
~'!:":::::'~::;:i'::::'::,::,fiii::::: ':!;::1:~:"i:i:::~i:':.0~i'i:';::Qi',:ii:,:'}~!':::i::~i;i::'i:~!:;'I:!i::~[:'::~i~:'i :'i,ii::~ ":~1::!:':'i:::ii::':;
..:.. .... .... .... :..:: ..: ...... .. .. ....:: ,. .:. ..:..:..:,....: .. ':..:,.... :,.::... ...,..... .... ... .>J!f?i9.':::.:::" : ..
~ .:...~t~..:.:..::.::.:..;::.<..,:.:..~.~..... '.:.~::...:.'::~,--. :.,.:.....:.:.:.:.:.::.....:...~:..:..:...:....:.,:.:.:.:. :,::.";:,;.;.::'.:., r.r..M . 1;\';). .............. O;j. . . .
_ ~, .: ;~ ~... .~:. .:.:*:;';:'.r:;:-;.:i.~:.:;.:.:::.:.:.::.:'i;:.::.r:;:-;i::::.i.:'::::.':.r;:;::-i~.i:::<::::.i';'iJ:.:.:<:..::..::.:. ...
_....,.........,...............'............................,.......... .::... : ... .. .' .. 1529
t:..:::..:,.::;.::..:\'::-:::.::..;.:.::::.::;.i.;'.:.::;::.::..:.0::..:,.::;.::..\'::-:::.::.,;.:.:::.:.:;.:,-:.;':.:.::i.::.':..::..:,.::;.::..::::'::.:::.::.;.:.:::.:.::;.i.:--:':.::i.::..:..:::.:fl.'~.:~.. ~""~...:.~}.A:.:.:: ..t.;.:.:.::FJ.'..."t..)i...... :: .:-:::.::::.::. 1',.''-::.:.:::::.:.: .:.::.:.':.:.:.:':.':'.:.:;':".'-::,:.:::::.:.:.:
.. .... .."". . .. .... . "". . ......;::.......:.... .. ..::.......:.........:. I.:::..:;(:.\/~:~:i :::.::':r:.:':.::::.:..::.:.:~'.::'..:-':::.:::::':.:.':.::.
'.. :....:.......::..::. ::..gr:. :,:.~:.:.:~..:.;.:.~,...:.': g; "'..... ()) "' . <>\. .. ~ '" . ..,.. ...
.: .. :..::.~. " :': ;i.::::.::.:.:::i:. ;! ~ :.:.:.~:.?i:::. ;! ;:':'::i):JI::.:: ~ :i.!:::::.i::~:.:::::.:..i::'.:.~.:.:::::':.~::
:.. .:. ........ :'. ... ..... ..::::,:.:.::....,;:.;:::.:::.:..:.,:..:.:..:..:..:.J
... .. .. . .. .. .:..,-:.-,:.::::,,:.,.:.:..:::'--':-;':..:...::.>;..,-;
1533
~~
7572 1571 \
1575
1576
1580 <: 1579 1478 63
..,J 1474 :':
~ 1472
1582 1583 1471
~ 4
::;) /
1588 LI.J 1587 ~U'
Proposed Annexation Map
Owner Joseph & Wynette Schramm Case: ANX2006-02005
Site: 1424 Regal Road 0.176
Land Use Zoning
PIN: 23-29-15-83880-000-0060
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 315A
~
I \~
~
())
())
~
~'"
'" <D
'" '"
'"
-
1500
9b
'"
~
tt tt
'" '"
... co
'"
co
<D
DR
&
:::: ~
~
. . . .
.. . .. ... . ..
. .
. . . .. ... .
. .
... ... . ..
. .
. ... . ..
1470
8
:!
:g
:!
-
. . . . . . . .
.. ........... .. ...... .... ..... n...
. . . .
.. .. . . .. '. .' ...... ." '. .' ......' ... '... .' . '. '.
. . . . . . .
. . . . . ... . ... .
1506
l ... .... ....
'.' i?"~ ~ ,: '<~i '::'~:' ii))Iviii:i:i;!~i:,;;=::::'li,:i:::~i "'J\j';ii[::\ ',.I::)~,,;:)itf:;.;,.:i::.:'i
: ::'.::.:.:.: :.:',.:.:. ';,:.:.:..:::-::.,::,.: ............ ....: ........ . .. .. ':;:::f:- :..::~?O'5:.:.:".:.:.:.;,:.:.:..::
..:..:.........:..::....: ..::........:. ~ ..... . ....
...:. . :{::i::.::: :i~:;::::. .:::.:i:..~:.:::~:.::. /:::..:.:.:.:..;:.~:.::. ::i.(/.::::':$:.::::: o:.:.::.;:::.r:.~i.~; ':::H~:::~'::::.::.:\.:: .:.:... ::~.i:(::>i ::i::?: ).:.:.~ r:.::::::\.~.::::~::i i: ::.:.'.:'.:.:~:. :.:. :/.~i'::..::-:':~:i :;..::;: :.:. }.;;:r ::::::~:.::: ::.>~M:\:i::~i:::H:ii:~:
:.::'::::.: \::::: :...i::.:.::'::.:-\.::'::.:.:::::.::.:::::.: :...:.:.:.:.:::.::.:.::::::'::.:.::':::.:\::::.: :...:.:.:.:.:.::::.:-\.:'::.:.::':::::ROSE:.si:::.: \::::.: :...i::.:.::'::.:-\.::'::.:.:,::::.: :.:::::.: :.":.:.:.:..::.::.:-\.::'::.:.:='::::.:\:.:.: :...:.0:.:: :::::::::::'::.:.::':::.:::.:::::. :.,1."!,:p.\.::::.:.::::::.:.=.::::
:..:. ;:::::..:. :.....:.::....:::: :.::.::.: ...:.;::.:::.:::.:-.:.::.....:.:.:.:. :.:.:: .:.:..:.r..:..:-;i.:.,rit..;:::.:..::.:-::..:.:"'.::.:.:.: :.:'..::.:..:. ,.,:::::.:::.::::..:.:... ::.:.:.:.:.:.::::.:..:. ;::::::.:::.:-::.":.:....::.:.:.:.:.:.::::.:..:.;::::::.:::.:-::..:.:....::.:.:.:. :.:.::::.:..:.;::::::.:::.:: :.::....:: :: :..:..:::. ..:.;::.:::.:::'
iti,'.i~::::,:,:!~ i.,i:,~:.iI:,:, :i:::::s::lii:.:;i;~I::,t,~':.'.-;~:: :'i,:::;~i,.:;,~:: ,1ii'.:~.ii:)::~,Ij i:.:.i.'.'Z.1.,ii..:;.:'.i:i'i'
." '..' ". :
., ..:........ ....:.... ::}~,: ..<:.:. . ....:.,.:...:... ......:;:....: ....-..... ,.: .>)5$.5..:::::.'-::"
o ", .," ",:: .... ., :.., :-:..-::::::: .. ..", ", .
o ".. I:;, . . ... . <b.. .... . ",... .... ~ ..... . . .... .. . .... . ...... ..
:._:~....::_:..:..~.:::,.:::.:',.::..'.:_..:.._..::...._'_. '..:_.:_.:.__.., ..:_:.:..~'::~:,.:.....:_-.:.:.:_::..".:......~:..:_::._:._::.,",:.:.:_ 00J N: ..M . ~.. ............... ~ .
:! .:'.. . .. .. '.~ ...:. ~ .:~..... ';:';.:/Z:.::;.:. .:.".;.i::.:::-;..../.~:::.:.:::.:.:.::.:.i;..::-:.:;:.tti.>:.:I.;.::/*i(i/.::::.:;:~.<:i;.i?:
. ................................................... ................... .._~.... . .. ..
.:>i;::.:\.::::.:.:::::".:::.:'-::..:i:ii:.::.:,:\:\.:::::.:.:::::.ft.t::$.Af:iftp::>::'.:i:::i:.::::,:.::::\.:.:::.:.:':>.:::::,-::.:i:ii:?:,:: ...: . .. .... ........ ..:
1529
'"
~
. ," ::.::.;:::/~:: ~..:\~:' ~ : ~\~.:":~:~;:.;:::.~.;::
::; .. .:. ~
~ :.':.::i<:~:", ~~
~ ~
.:~:/::\..::.?~.:~.: :.:.":;": :.:.:.:. ::":ii~.
il,MnR
::t:'~:/?:\::.
~ ;~:::-:"/.::.:.
~ ::~:::..:..:.
;: "'
,Mn~
Lu~ _.l\
'..
..
. .
~L~
'-t {J
V 7572 1571
1575
1576
1580 <: 1579
,6'03 ..,J
LIJ
1582 0 1583
-
D ~
1587 1588 LIJ 1587
I ~
y-
1478 63
1474 :!
1472
14
4 /
~
E'f
Zoning Map
Owner Joseph & Wynette Schramm Case ANX2006-02005
Site 1424 Regal Road Property 0176
Size (Acres)
Land Use Zoning
PIN 23-29-15-83880-000-0060
From RL (County) R-3 (County)
To RL (City) LMDR (City) Atlas Page 315A
ORDINANCE NO. 7640-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED 480 FEET WEST OF BRAUND STREET AND
450 FEET EAST OF SUNNY PARK ROAD CONSISTING OF
LOT 6, SOLAR CREST, WHOSE POST OFFICE ADDRESS
IS 1424 REGAL ROAD, 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 6, Solar Crest, according to plat thereof recorded in Plat Book 36, Page
72, Public Records of Pinellas County, Florida
(ANX2006-02005)
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
Ordinance No. 7640-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7640-06
ORDINANCE NO. 7641-06
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 480 FEET WEST OF
BRAUND STREET AND 450 FEET EAST OF SUNNY
PARK ROAD CONSISTING OF LOT 6, SOLAR CREST,
WHOSE POST OFFICE ADDRESS IS 1424 REGAL ROAD,
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 6, Solar Crest, according to plat thereof recorded Residential Low
in Plat Book 36, Page 72, Public Records of Pinellas
County, Florida (ANX2006-02005)
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. 7640-06.
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. 7641-06
ORDINANCE NO. 7642-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED 480
FEET WEST OF BRAUND STREET AND 450 FEET EAST
OF SUNNY PARK ROAD CONSISTING OF LOT 6, SOLAR
CREST, WHOSE POST OFFICE ADDRESS IS 1424
REGAL ROAD, 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 6, Solar Crest,according to plat thereof
recorded in Plat Book 36, Page 72, Public
Records of Pinellas County, Florida
(ANX2006-02005)
Zoninq 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. 7640-06.
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. 7642-06
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Review Draft Evaluation and Appraisal Report and Provide Direction. (WSO)
SUMMARY:
The State of Florida mandates that all local governments review and update their Comprehensive Plans based
on their review every seven (7) years. The Planning Department has been working with a consultant and a
Citizen Advisory Committee (CAC) for the past year on the conduct of the City of Clearwater's Evaluation
and Appraisal Report of it' s Comprehensive Plan. The Draft was developed following nine (9) meetings with
the CAC, and nearly 30 meetings with representatives from the surrounding jurisdictions, Pinellas County, the
Department of Community Affairs (DCA), and other state agencies, and staff from nearly all city departments
including Engineering, Traffic, Public Utilities, Parks and Recreation, Police, Fire and Economic
Development. The Community Development Board reviewed the draft EAR at its regularly scheduled
meeting on May 16,2006 and unanimously recommended approval.
Review Approval: 1) Clerk 2) Planning 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
CDB Meeting Date:
Case Number:
Agenda Item:
May 16.2006
Director's Item
G-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
EVALUATION AND APPRAISAL REPORT (EAR)
REQUEST:
A review of the draft Evaluation and Appraisal Report (EAR) that
analyzes the Comprehensive Plan to identify its successes and
shortcomings and identifies how the Plan should be amended to
meet the changing needs of the City of Clearwater.
INITIA TED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
The Planning Department began its EAR process in 2005 in accordance with Florida
Statutes (Chapter 163.3191) that requires a review of the Comprehensive Plan every
seven (7) years. An intensive public participation program was implemented to help with
the process. A Citizen Advisory Committee (CAC) of 23 members appointed by the City
Council was the primary forum for public input and participation over a series of nine (9)
meetings. Meetings were also held with the five (5) adjacent cities, Pinellas County, the
Pinellas Planning Council, the Pinellas School District, and City staff. A "scoping
meeting" was also held with the Florida Department of Community Affairs (DCA), as
well as four (4) other state and regional agencies.
ANALYSIS:
The Florida Statutes requires assessment of eight (8) issues within the EAR that primarily
examines the actual changes within these issues since the Plan was last adopted/amended
compared to the changes projected by the Plan. These are:
Population forecast analysis;
Changes in land area and annexation;
Vacant land analysis;
Concurrency management;
Location of development;
Public schools planning;
Water resources coordination; and
Coastal high-hazard planning area.
Staff Report - Community Development Board - May 16,2006 - Draft EAR
1
Additionally, Florida Statutes stipulate that local governments, in the development of the
EAR shall identify "Issues of Local Concern" to be used as additional guides in
evaluating the Comprehensive Plan. As a result of the meetings with the CAC and other
groups, five (5) Issues of Local Concern were identified for focused analysis within the
City's EAR. These were:
- The development of a comprehensive and diversified strategy for the City's
redevelopment;
- The provision of guidance to enhance community character and promote livable
neighborhoods;
- The development and implementation of a proactive approach to facilitate
attainable housing and assure safety and competitiveness of the aging housing
stock;
- The development and implementation of a strategy to eliminate enclaves and
facilitate annexation; and
- The implementation of an approach to coastal and disaster management.
Subsequent to the Community Development Board (CDB) review of May 16,2006, the
draft EAR will be presented to the City Council at its June 12 meeting. The
recommendations of the CDB will be forwarded to the City Council for its June meeting.
In accordance with State regulations, the draft will be transmitted to the DCA for review
on June 30. The EAR will be revised based on the DCA comments during the first two
weeks of August. The CAC will then review the final revised EAR, with the CDB
reviewing it on September 19. Subsequently, the City Council will hold a public hearing
on September 21, with the final revised EAR to be transmitted to the DCA on September
29. After the DCA makes a determination of sufficiency, proposed Plan amendments
based on the EAR will be made within 18 months.
Text amendments to the Comprehensive Plan will be made after the final submittal of the
EAR to the DCA and the return of their comments and recommendations. At that time
the City will began the process of making amendments to the Comprehensive Plan that
will provide the basis for maximizing the City's opportunities, strengthening the City's
qualities, and overcoming the City's weaknesses. The amendments will provide a
framework to implement the vision for the City.
SUMMARY AND RECOMMENDATION:
The proposed review of the draft EAR is consistent with Florida Statutes.
The Planning Department Staff recommends APPROVAL of the draft of the EAR and
transmittal to the City Council with its recommendations.
Prepared by Planning Department:
Steven L. Brown, Long Range Planning Manager
S:\Planning Department\EAR 2004-06\EAR, CDB Staff Report. doc
Staff Report - Community Development Board - May 16,2006 - Draft EAR
2
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint a voting delegate to the Florida League of Cities' Annual Conference, August 10-12, 2006.
SUMMARY:
The Florida League of Cities' by-laws requires that each municipality select one person to serve as the
municipal voting delegate. The person designated will vote on Clearwater's behalf during the business
meeting held at the League's annual conference. Population determines the weight of each municipality's vote
and populaiton estimates for 2005 from the University of Florida will be used. The deadline for submitting
the name of the voting delegate to the League is July 20.
Review Approval: 1) Clerk
,.At;e:;]ZZili~::~~
,,*,~~~1';:~~~~;~'~_~
&k~~Wl'~~'aM'~~
~r~~~'~~~~~:::,~
~;::~:~:=Zr,:~:i2Z;:Z~:1
FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
J..
I
rD)~@~~W~filI
U11 /I IN 2000 ~
TO:
Municipal Key Official
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
FROM:
Michael Sittig, Executive Director
DATE:
June 5, 2006
SUBJECT: 80TH Annual Conference-Florida IS Her Cities!
VOTING DELEGATES AND RESOLUTION INFORMATION
August 10-12,2006 Jacksonville Hyatt Regency
As you know, the Florida League of Cities' Annual Conference will be held at the Hyatt
Regency Hotel in Jacksonville, Florida on August 10-12. This year's theme, Florida IS
Her Cities will provide valuable educational opportunities to help Florida's municipal
officials serve their citizenry more effectively.
It is important that each municipality designate one person to be the voting delegate.
Policy development, election of League leadership and adoption of resolutions are
undertaken during the business meeting. One official from each municipality will make
decisions that determine the direction of the League.
In accordance with the League's by-laws, population determines each municipality's
vote, and the League will use the Estimates of Population from the University of Florida
for 2005.
Registration materials have already been sent to each municipality. Call us if you need
additional copies. We have attached the procedures your municipality should follow for
presenting resolutions to the League membership. If you have any questions on voting
delegates, please call Gail Dennard at the League Suncom 278-5331 or (800) 616-1513,
extension 256. If you have questions regarding resolutions, please call Allison Payne at
Suncom 278-5331 or (800) 616-1513, extension 116. The League must receive
resolution forms no later than July 8, 2006 and the League must receive Voting delegate
forms no later than July 20, 2006.
Attachments: Form Designation Voting Delegate
Procedures for Submitting Conference Resolutions
President Julio Robaina, Mayor, Hialeah
First Vice President Rene Flowers, Council Vice Chair, St. Petersburg + Second Vice President Frank Ortis, Mayor, Pembroke Pines
Executive Director Michael Sittig + General Counsel Harry Morrison, Jr.
80th Annual Conference
Florida League of Cities, Inc.
August 10-12, 2006
Jacksonville, Florida
It is important that each municipality sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each municipality select one person to
serve as the municipal voting delegate.
Please fill out this form and return it to the League office so that your voting delegate
may be properly identified.
Desil!nation of V otinl! Delel!ate
Name of Voting Delegate:
Title:
Municipality:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 80th Annual Conference
Hyatt Regency Hotel, Jacksonville, Florida
August 10-12, 2006
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the
League office by July 5, 2006, to guarantee that they will be included in the
packet of proposed resolutions that will be submitted to the Resolutions
Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the
League office and distributed to members of the Resolutions Committee.
(Whenever possible, multiple resolutions on a similar issue will be rewritten
to encompass the essential subject matter in a single resolution with a listing
of original proposes.)
(3) Proposed resolutions may be submitted directly to the Resolution Committee
at the conference; however, a favorable two-thirds vote of the committee will
be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present will be required for adoption.
(5) Proposed resolutions relating to state le2islation will be referred to the
appropriate standing policy committee. Such proposals will not be
considered by the Resolutions Committee at the conference; however, all
state legislative issues will be considered by the standing policy committees
and the Legislative Committee, prior to the membership, at the annual
Legislative Conference each fall. At that time, a state Legislative Policy
Statement will be adopted.
Municipalities unable to formally adopt a resolution before the deadline may submit
a letter to the League office indication their municipality is considering the adoption
of a resolution, outlining the subject thereof in as much detail as possible, and this
letter will be forwarded to the Resolutions Committee for consideration in
anticipation of receipt of the formal resolution.
Important Dates
May 30. 2006
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
June 30
Appointment of Resolutions Committee Members
July 5
Deadline for Submitting Resolutions to the League office
July 20
Deadline for Submitting Voting delegate forms to the League office
AU2ust 10
League Standing Committee Meetings
Resolutions Committee Meetings
Voting Delegates Registration
AU2ust 12
Immediately Following Luncheon - Pick Up Voting Delegate Credentials
Followed by Annual Business Session
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7633-06 on second 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; providing for distribution of payments.
SUMMARY:
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
4
Ordinance No. 7633-06
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
5
Ordinance No. 7633-06
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
6
Ordinance No. 7633-06
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.
7
Ordinance No. 7633-06
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.
8
Ordinance No. 7633-06
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
9
Ordinance No. 7633-06
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue adoption of Ordinance 7649-06 on second reading, amending Appendix A, Article XXV Public
Works -- Fees Rates and Charges Section 3(e) Stormwater Management Utility Rates to July 20, 2006.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 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 10/01/06 10/1 /Ge 07 10/1/00 08 10/1 /Q.709 10/1/00 1.Q
Per ERU $~ 9.91
$9~10.50 $~11.13 $9-:9211.80 $~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 No. 7649-06
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
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7649-06
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance7655-06 on second reading, establishing a franchise agreement between the City of
Clearwater and Knology Broadband of Florida, Inc., granting a cable television franchise to Knology to
construct, operate and maintain a cable communications system in Clearwater, and providing for the
conditions, regulations, and use of the system.
SUMMARY:
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.
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.
2
Ordinance No. 7655-06
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:
3
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
4
Ordinance No. 7655-06
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.
5
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:
6
Ordinance No. 7655-06
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.
7
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
8
Ordinance No. 7655-06
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.
9
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.
10 Ordinance No. 7655-06
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
11
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
12 Ordinance No. 7655-06
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.
13
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
14
Ordinance No. 7655-06
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Jolley Trolley Support
SUMMARY:
Meeting Date: 6/13/2006
Review Approval: 1) Clerk
1 ~
d ~.
1/J..: t.
()\
WSo b -13-06
e-:D),: ~, (I';L 1)
a non-profit company
OPERATING BUDGET
2006-2007
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
483 MANDALAY AVE" SUITE 213
CLEARWATER, FL 33767
(727) 445-1200 FAX (727) 443-3655
!.-
,i
a non-profit company
BUDGET CONSIDERATIONS
2006-2007
I. TAKE STEPS TO INCREASE REVENUES
(a) Raise fares by 25$ to $1.25
(b) Increase senior fares by 10$ to 60$
(c) Increase advertising rates by 15%
(d) Increase charter rates by 15%
II.
REVIEW EXPENSES SO AS TO EFFECTLVELY ~ONTROL
t~\
(a) Re-visit insurance cost for additional reduction
(b) Strive to further reduce workers' comp cost
(c) Eliminate overtime
(d) Control maintenance costs with greater in-house
activity
(e) Monitor labor costs
III. FACTORS NOT IN OUR CONTROL
(a) Price of gasoline and maintenance parts
(a) Tourism activity in 2006-2007
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER,INC.
483 MANDALAY AVE., SUITE 213
CLEARWATER, FL 33767
(727) 445-1200 FAX (727) 443-3655
a non-profit company
IV. OPTIONS
(a) Seek out and procure available grants. This will
require time and professional grant writting.
Time currently is too short.
(b) Enter into an agreement with the City to increase
the City's contribution by $27,960 for 2006-2007.
(1) Cap the City's exposure to $309,180 per year.
(2) Agree to extending the agreement to either
three (3) or five (5) years.
f~"
(c) Trolley agrees to reduce City's commitment each
year as circumstances permit..
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
483 MANDALAY AVE" SUITE 213
CLEARWATER, FL 33767
(727) 445-1200 FAX (727) 443-3655
.,i
.
t
'OPERATING BUDGET
2006-2007
REVENUE
City Grant
Fares
Advertising
Interest Income
Charters
other Income
309,180
120,000
92,000
1 , 300
103,000
-0-
Total Revenue
625,480
EXPENSE
f~~
Wages, Drivers
Wages, Indirect
Wages, Overtime Premo
Wages, Clerical
Wages, Maintenance
Salaries, Admin.
Payroll Taxes
Workers I Comp. .
Maint". .parts, Etc.
Insurance
Fuel
Office Expense ..
Personnel Costs
Utilities
Facili.ties Rent
Equip. Rental
Professional Fees
Other Taxes & Fees
Miscellaneous
190,750
11,000
880
23,000
35,000
50,040
.35,000
16,000
45,000
59,000
108,000'
2,660
8,500
6,000
22,400
2,500
6,500
2,350
900
Total Expense
625,480
Net Change In Assets.
-0-
',:'.'1'
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER. INC.
483 MANDALAY AVE" SUITE 213
CLEARWATER, FL 33767
(727) 445-1200 FAX (727) 443-3655
4/;.
. ~;~\~~,' ": . .
- .~;:'~':.,,:<;f~:::~... ...~.,
REVENUE
city Grant
Fares
Advertising, '
, Interest 'Income'
Charters '.'",. ;.,
Other Income'
Total Revenue
EXPENSE
(~n.!~,
Wages, Drivers
Vlages, Indirect
Wages, Overtime Premo
Wages, Clerical
Wages, Maintenance
Salaries, Admin.
Payroll Taxes ' '
Workers I Comp....:,
Maint'. 'Parts,Eta..
Insurance .
Fuel "
Office Expense C':
Personnel Costs'
utilities
Facili'ties Rent
Equip. Rental
Professional Fees
Other Taxes & Fees
Hiscellaneous
Total Expense
Net Change In Assets
..~. .
;: " . OPERATING BUDGET
, :':.IT:~>; ,
...V'i~i..
" .
: '"1. ~; '. '{I"' ~...~"
COMPARISONS
2006-2007
2005-2006
/~
309,180
120,000
92,000
1,300
103,000
-0-
625,480
281,220
115,981
79,148
1,255
.98,165
-0- ,
575,769
190,750
11,000
880
23,000
35,000
50,040
35,000
16,000
45,000
59,000
108,000
2,660
8,500
6,000
22,400
:2,500
6,500
2,350
900
187,744
10,080
3,930
22,258
36,866
48,424
34,916
26,996
33,531
67,400
61,250
2,165
7,837
6,084
21,164
2,468
5,750
2,320
520
625,480
581,703
-0-
(5,934)
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
483 MANDALAY AVE., SUITE 213
CLEARWATER, FL 33767
(727) 445.1200 FAX (727) 443.3655
f
DIFFERENCE
27,960
4,019
12,852
45
4,835
-0-
49,711
3,006
920
(3,050)
742
(1,866)
1,616
84
(10,996)
11,469
(8,400)
46,750
495
663
(84)
1,236
32
750
30
380
43,777
5,934
II
I:
_i
I
,
Ii
I:
,~
r
,
WSOb-/3 -ob
coI-1 (' IJ.I)
JOLLEY TROLLEY TRANSPORTATION
OF ClEARWATER, INC.
F~ANC~STATEMENTS
Years Ended September 30, 2005 and 2004
(With Independent Auditor's Report Thereon)
1"
f'
-'
I
I
~
I
I
t
I
r
JOllEY TROLLEY TRANSPORTATION OF ClEARWATER, INC.
TABLE OF CONTENTS
PAGE
INDEPENDENT AUDITOR'S REPORT
1
FINANCIAL STATEMENTS
Statements of Financial Position
2
Statements of Activities
3
Statements of Cash Flows
4
Notes to Financial Statements
5
INDEPENDENT AUOITOR'S REPORT QN COMPLIANCE
AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING
BASED ON AN AUDIT OF FINANCIAl STATEMENTS
PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUOmNG STANDARDS
!J
1
I'
I'
II
I
I
.....' .
..
John J. McKnight, Jr., CPA
Robert P. Symanski, CPA
Michael Drabin, CPA
~y"manski.MCKnight, P.A.
Certified Public Accountants
and Business Advisors
Members
Florida Institute Of
Certified Public Accountants
American Institute Of
Certified Public Accountants
INDEPENDENT AUDITOR'S REPORT
To The Board of Directors .
Jolley Trolley Transportation of Clearwater, Inc.
We have audited the accompanying statements of financial position of Jolley Trolley Transportation of
Clearwater, Inc. (a nonprofit organization) as of September 30, 2005 and 2004, and the related
statements of activities and cash flows for the years then ended. These financial statements are the
responsibility of the Organization's management Our responsibility is to express an opinion on these
financial statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the United States
of America and #le standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United states. Those standards require that we plan and
perform our audit to obtain reasonable assurance about whether the financial statements are free of
material misstatements. An audit includes examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements. An audit also includes asseSSing the accounting principles
used and significant estimates made by management, as well as evaluating the overall financial
statement presentation. We believe our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referted to above present fairly, in all material respects, the
financial position of Jolley Trolley Transportation of Clearwater, Inc. as of September 30, 2005 and 2004,
and the changes in its net assets and its cash flows for the years then ended in. conformity with
accounting principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued a report dated November 28,
2005 on our consideration of the Organization's internal control over financial reporting and our tests of
its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral
part of an audit performed in accordance with Government Auditing Standards and should be read in
conjunction with this report in considering the results of our audit
~ ;/144/ll
Clearwater, Florida
November 28, 2005
170Q McMullen Booth Road, Suite A-6, Clearwater, Florida 33759 . (727) 725-8272 . Fax (727) 669-0252
E-mail: info@symanskimcknight.com
I
I
JOllEY TROLLEY TRANSPORTATION OF CLEARWATER, .'NC.
STATEMENTS OF FINANCIAL POSITION
September 30, 2005 and 2004
I
I
Assets
2005 2004
Current assets:
Cash $ 128,734 $ 166,412
Prepaid and other current assets 30,594 24,013
Total current assets 159,328 190,425
Fixed assets:
Property and equipment 695,860 689,988
Less accumulated depreciation 606,356 532,4 76
Net property and equipment 89,504 157,512
Other assets 482 482
Total assets $ 249.314 $ 348.419
Liabilities and Net Assets
I
J
r
I
I
r
Current liabilities:
Accounts payable and accrued expenses $ .27,749 $ 21,760
Deferred revenue 12,224 13,471
total current liabilities 39,973 35,231
Net assets. unrestricted 209,341 313,1Sa
total liabilities and net assets $ 249.314 $ 348.419
.2
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
STATEMENTS OF ACTIVITiES
Years ended September 30, 2005 and 2004
2005 2004
Support and revenue:
SUPpQrt:
City of Clearwater Operations Grant $ 219,520 $ 229,540
City of Clearwater Vehicle Maintenance Grant 50,000 50,000
City of Clearwater Office Rent Grant 11,700 11 ,700
Total support 281,220 291 ,240
Revenue:
Fare revenue 113,544 117,597
Advertising revenue 77,311 67,904
Charter revenue 91,995 65,390
Interest income 1,249 812
Other revenue 3,662 2,910
Total revenue 287,761 254,613
Total support and revenue 568,981 545,853
Expenses:
Salaries - drivers 193,231 179,976
Salaries - administrative 71,448 69,389
Salaries - vehicle maintenance 42,691 36,976
Payroll taxes 33;044 25,736
Worker's compensation insurance 24,387 11,474
Trolley repairs and maintenance 32,375 49,288
Depreciation expense 73,880 81.723
Insurance expense 70.744 70.160
Fuel expense 77,642 60,126
Office supplies and expenses 6,135 3,023
Personnel costs 9,316 11,938
Travel
Utilities 5,833 5,429
Rental expense 23,258 23,597
Professional fees 6,475 5,400
Sales tax and other taxes 2,369 1,966
Bad debt 732
Total expenses 672,828 636,933
Changes in net assets (103,847) (91,OBO)
Net assets ~ unrestricted, beginning of year 313,188 404,268
Net assets - unrestricted, end of year $ 209,341 $ 313,188
See accompanying notes to financial statements.
3
I '
r
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
STATEMENTS OF CASH FLOWS
Years ended September 30, 2005 and 2004
I
I
I
I
I
,
l
I
I
l
~
t
l
l See accompanying notes to financial statements.
2005 2004
Cash flows from operating activities:
Changes in net assets $ (103,847) $ (91,080)
Adjustments to reconcile excess of support and
revenue over expenses to net cash provided by
operating activities:
Depreciation expense 73,880 81 ,723
(Increase) decrease in prepaid and other current assets (6,581) 795
Increase (decrease) in accounts payable and accrued 5,989 7,531
Increase (decrease) in deterred revenue (1,247) 6,402
Net cash (used) provided by operating activities (31.806) 5,371
Cash flows from investing activities:
Property and equipment expenditures (5,872) (6,110)
Net cash used by.investing activities (5,8n) (6,110)
Net (decrease) in cash (37,678) (739)
Cash at beginning of year 166,412 167,151
Cash at end of year / $ 128.734 ! 166.412
Supplemental disclosure of cash flows infonnation:
Cash paid for interest $ ..()- $ -0-
Cash paid for income taxes $ 499 $ -0-
4
I"
I
I
I
I
I
,
-
-
,
~
~
~
~
~
-
~
~
JOllEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
NOTES TO FINANCIAl STATEMENTS
September 30, 2005 and 2004
NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Oraanization
Jolley Trolley of Clearwater, Inc. (Organization) is incorporated under the laws of the
State of Florida as a nonprofit corporation. Its purpose is to provide a local and tourist public
transportation system between the islands of Sand Key and Clearwater ~hand the City
of Clearwater.
Basis of Acco"mting
The financial statements of Jolley Trolley Transportation of Clearwater, Inc. are
presented on the accrual basis.
Basis of Presentation
The Statement of Financial Accounting Standards (SFAS) No. 117, "FinanCial
Statements of Not-for..profit Organizations,. establishes standards for general purpose
external financial statements provided by a not-for-profit organiZation. It specifies that those
statements include a statement of financial position, a statement of activities and a statement
of cash flows. The financial position and activities will report infonnation according to three
classes of net assets: unrestricted net assets, temporarily restricted net assets and
permanently restricted net assets. The Organization does not have any temporarily restricteci
or permanently restricted net assets.
Revenue Recognition
Revenue from Operations and Vehicle Maintenance Grants (see Note 4) is recognized
over the term of the Grants. All other revenues are recogn~ed when the earnings process
is substantially complete and services have been performed.
Prooe&/ and EauiDment
Property and equipment are stated at cost Depreciation is charged against earnings
over the estimated useful service period of the assets using the straight-line method.
5
I'
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NOTE 1:
NOTE 2:
NOTE 3:
~
JOllEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
NOTES TO FINANCIAL STATEMENTS
September 30, 2005 and 2004
SUMMARY OF SIGNifiCANT ACCOUNTING POLICIES (Continued)
Accountinp Estimates
The preparation of financial statements in conformity with generally accepted
accounting principles requires management to make estimates and assumptions that affect
the reported amounts of assets and I~bilities and disclosure of contingent assets and
liabilities at the date of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Actual results could differ from those estimates.
Donated Servi~
No amounts have been reflected in the financial statements for donated services
because the criteria for recognition under SFAS 116 have not been satisfied.
INCOME "'(AXES
In June 1995, the Organization received a favorable determination from the Internal
Revenue Service as to its federal income tax exemption status under Section 501 (a) of the
Internal Revenue Code.
PROPERTY AND EQUIPMENT
Property and equipment at September 30, 2005 and 2004 are as follows:
Trolley vehicles
Furniture and office
Signage
Garage equipment
Estimated
years of
useful
?OOfi ?004 ~rvit'.p
$ 672,514 $ 667,491 5
17,230 17,230 5
1,020 1,020 5
5,096 4,247 5
Total property
and equipment
$ 695,860
$ 689.988
6
I-
I
I
I
I
I
I......
l
.
,1
I
.E.
'...
i,
tit
NOTE 4:
I
I'
..1-
,
.,
,.
I
-
-
-
~
NOTE 5:
NOTE 6:
JOLLEY TROllEY TRANSPORTATION OF CLEARWATER, INC.
NOTES TO FINANCIAL ST ATEMSNTS
September 30, 2005 and 2004
GRANTS
The City of Clearwater has annual Funding Agreements to the Jolley Trolley Transportation
of Clearwater, 'nc., subject to an annual budgetary appropriation approved by the City of
Clearwater Commission. The funding of the Operations Grant, Vehicle Maintenance Grant
and Office Rent Grant for the years ended September 30,2005 and 2004 was $219,520 and
$229,540, $50,000 and $50,000 and $11,700 and $11,700, respectively_
Amounts received under the above grants require the fulfillment of certain conditions as
set forth in the grant instruments. Failure to fulfill the conditions could result in the return of the
funds to the grantor, reduction of funding commib'nentortennination of agreement The Board
of Directors is of the opinion that Jolley Trolley Transportation of Clearwater, Inc. has complied
with all significant provisions of the grants as of September 30, 2005 and 2004. The funding
agreement will terminate as of September 30, 2005.
On September 8, 2005 a one year funding agreement was approved by the City of
Clearwater which provides $219,520 for providing trolley service, $50,000 for maintaining the
trolley vehicles and $11,700 for the lease of office space. The funding monies are payable to
the Organization in 12 equal monthly installments beginning October 2005 through September
2006.
RENT
-
The OrganiZation rents a garage facility on a month-to-month basis for $642 per month.
It has a one year lease for office space at $1,105 through February 16, 2006.
CONCENTRATION OF RISK
The Organization maintains cash balances with its banking institutions. Cash amounts
at these banks are insured by the FDIC for up to $100,000. ApproXimately 50% and 54% of
the Organization's support for the years ended September 30, 2005 and 2004, respectively,
came from City of Clearwater grants.
7
John J. McKnight, Jr., CPA
Robert P. Symanski, CPA
Michael Drabin, CPA
~y"manski + McKnight, P.A.
Certified Public Accountants
and Business Advisors
Members
Florida Institute Of
Certified Public Accountants
American Institute Of
Certified Public Accountants
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE
AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING
BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
The Board of Directors
Jolley Trolley Transportation of Clearwater, Inc.
We have audited the financial statements of JoUey TrotJey Transportation of Clearwater, Inc. (A nonprofit
organization) as of and for the years ended September 30,2005 and 2004, and have issued our report
thereon da!~ November 28, 2005. We conducted our audit in accordance with auditing standards
generally accepted in the United States of America and the standards applicable to financial audits
contained in Government Audl1ing Standards, issued by the Comptroller General of the United States.
Compliance
, As part of obtaining reasonable assurance about whether Jolley Trolley Transportation of Clearwater, Inc. 's
'financial statements are free of material misstatement, we performed tests of its compliance with certain
provision of laws, regulations, contracts and grants, noncomplian~ with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion on
compliance with those provisions was not an objective of our audit and, accordingly, we do not express
such an opinion. The results of our tests disclosed no instances of noncompliance that are re<tuired to be
reported under Government Auditing Standards.
"
1700 McMullen Booth Road, Suite A-6, Clearwater, Florida 33759 . (727) 725-8272 . Fax (727) 669-0252
E-mail: info@sym~skimcknight.com
I"
I
I
I
I
I
-
:<1;
I
; ~
'I;
I
I
I
I
I
I
I
I
I
I
I
The Board of Directors
Jolley Trolley Transportation of Clearwater, Inc.
Internal Control Over Financial Reoortino
In planning and performing our audit, we considered Jolley Trolley Transportation of Clearwater, rnc. 's
internal control over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on ~ financial statements and not to provide assurance on the internal control over
financial reporting. Our consideration of the internal control over financial reporting would not necessarily
disclose all matters in the internal control over financial reporting that might be material weaknesses. A
material weakness is a condition in which .the design or operation of one or more of the internal control
components does not reduce to a relatively low level the risk that misstatements in amounts that would be
material in relation to the financial statements being audited may occur and not be detected within a timely
period by employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control over financial reporting and its operation that we consider to be material
weaknesses.
This report is.intended for the information of the board of directors, management and others within the
Organization and is not Intended to be and _ should not be used by anyone other than these specified
parties. /
~.-., ..f.' i fr/~JfI/ il/,
Clearwater, Florida
November 28, 2005
9
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 6/13/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation - Recreation and Parks Month - July 2006
SUMMARY:
Meeting Date: 6/13/2006
Review Approval: 1) Clerk
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Gift to the City
SUMMARY:
Meeting Date: 6/13/2006
Review Approval: 1) Clerk