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03/03/2005 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 03/03/2005 6: 00 PM Location: Council Chambers - City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1 Call to Order 2 Invocation 3 Pledge of Allegiance 4 Introductions and Awards: 5 Presentations: 5.1 Excellence in Management Recognition Award to Water Pollution Control division 6 Approval of Minutes 6.1 City Council - February 17, 2005 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - None 9 Quasi-judicial public hearings - None 10 Second Readings - public hearing 10.1 ADOPT Ordinance No. 7356-05 on second reading, annexing certain real property whose post office address is 25191 U.S. Highway 19 North, into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. 10.2 Adopt Ordinance 7357-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 25191 U.S. Highway 19 North, upon annexation into the City of Clearwater, as Residential Low and Water. 10.3 Adopt Ordinance 7358-05 on second reading, amending the Zoning Atlas of the City by zoning certain real property whose post office address is 25191 U.S. Highway 19 North, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.4 Adopt Ordinance 7386-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 25191-05 U.S. Highway 19 North, from Residential Suburban and Water to Residential Low and Water. 10.5 Adopt Ordinance 7387-05 on second reading, amending the Zoning Atlas of the City by rezoning certain property whose post office address is 25191 U.S. Highway 19 North, from Commercial (C) and Open Space/Recreation (OS/R) to Low Medium Density Residential (LMDR) 10.6 Adopt Ordinance 7371-05 on second reading, vacating a portion of the 60 foot right of way of First Avenue (AKA First Street per field), subject to special conditions. 10.7 Adopt Ordinance 7372-05 on second reading, vacating a portion of the easterly one half of the 70 foot right of way of Gulfview Boulevard (AKA South Gulfview Boulevard per field), subject to special conditions. City Manager Reports 11 Consent Agenda 11.1 Approve one Registered Architect position (1.0 FTE) for the Planning Department at an estimated annual cost of $81 ,550. 11.2 Approve the Public Dock Project Agreement, Riparian Rights Easement and Sidewalk Easement between the City of Clearwater and Island Way Gill, Inc. and authorize the appropriate officials to execute same. 11.3 Approve the final plat for "MOORINGS TOWNHOMES IIA" located on Bayway Boulevard North approximately 800 feet East of the intersection of Hamden Drive and Gulfview Boulevard. 11.4 Approve the final plat for "MOORINGS TOWNHOMES IA" located on Bayway Boulevard North approximately 800 feet East of the intersection of Hamden Drive and Gulfview Boulevard. 11.5 Accept 5-foot Water Main and Utility Easements over, under and across a portion of BAYSIDE SUBDIVISION NUMBER 2, Lot 26 conveyed by Labella Vista of Clearwater, LLC, and BAYSIDE SUBDIVISION NUMBER 2, Lot 27 as conveyed by Brightwater Point, LLC, both given in receipt of $1.00 and the benefits to be derived threrefrom. 11.6 Approve the final plat for "WOODLAWN OAKS SUBDIVISION" located approximately 500 feet East of the intersection of Martin Luther King, Jr. Avenue and Woodlawn Street. 11.7 Approve the final plat for "BRIGHTWATER COVE NO.2" located on Brightwater Drive approximately 450 feet East of the intersection of Hamden Drive and Brightwater Drive. 11.8 Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida General Partnership, replacing the legal description on a previous Quit Claim Deed to the Sea Captain, approved by Council on January 15, 2004, and authorize the appropriate officials to execute same. 12 Other items on City Manager Reports 12.1 Pass on first reading Ordinance 7368-05 approving new gas utility rates to become effective for all billings on or after April 1, 2005. 12.2 IAFF Union negotiations update. 13 City Attorney Reports 13.1 Pass Ordinance 7382-05 on first reading, correcting Ordinance 7205-03, substituting a new map showing correct future land use map classifications, and Pass Ordinance 7383-05 on first reading, correcting Ordinance 7206-03, substituting a new map showing correct zoning classifications. 14 City Manager Verbal Reports 15 Council Discussion Items 16 Other Council Action 17 Adjourn CITY OF CLEARWATER I nterdepartmental Correspondence TO: Mayor and Council members FROM: Cyndie Goudeau, City Clerk SUBJECT: Follow up from February 28, 2005 Work Session COPIES: William B. Horne, City Manager DATE: March 01,2005 The following information is provided: Item # 11.2 - Approve the Public Dock Project Agreement, Riparian Rights Easement and Sidewalk Easement. Agenda Memo updated with Signatures. Item #11.6 - Approve the final plat for "WOODLAWN OAKS SUBDIVISION". Information was requested regarding zoning for this subdivision. It is LMDR (Low Medium Density Residential), which allows up to 7.5 units per acre. The proposed subdivision has 11 units on 1.64 acres, which equals 6.7 units per acre. Item #13.1 - Pass Ordinance #7382-05 correcting Ordinance #7205-03, substituting a new map, and pass Ordinance #7383-05 correcting Ordinance #7206-03, substituting a new map. Original maps for Ordinances #7205-03, and #7206-03 provided with item. The previous maps did not show the area to be designated preservation. \r\ )-~ 1:~W~ I'~~"'~ . ! ~:u..::;! 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Q) \t\ >~ Q.~ Q.W-. .--g <t IJJ ~ 1.&.3 '- :J o -5 .~ -0 Q) Q ::J o o -0 c C co Cll{g 'uoo ~ c >-Ol Ol C ill ~ a5~ co c ~ _ 0 (\jO-ow .r: >- Q) -v Q):t=Cflo gJ .g 15 u U 0)12 Q) Cll c:: co :S:Q):g-g -s Q) :::l co o:S..o1fj co ~ 1G~ :5 ~ :s: Q) o E -8 ~~ro o :J +: L U C :s: '- Q) Q) :J en a.. 0 lG 2 (ij ,!!.1 0.Q) o ~ ;~ 1:) -i5 ~ e:6 o.~ cu 0 Q) E o,L Q) U "0 :J "> E o Cfl a. "a; Q) 0 3::-fli Q) ~ '- +-0 :::l ..c:::: 0 ,Q> C E:t; :::l Q) g,~ +-0 en L Q) g>'51 0.9 ..c:::: 0 +-0 C ~~ c Q) ~ ~ Q) e -5 '> '5 15 C';:::-Q) Q) = E 1! ~ 0 - cr Cfl Ol.....- C :::s :J ~ ~~ o :E :s: a. ~ g coo":':: -5 Ci.8 'C o o Cl Q3 Q) - Q) :s: en ::::J c:: ci - 0 Q) - Q;l LL.:2 >- ::::J c. 0 C. ..l:: C'Cl en :I: ::::J <t~ Ol t:: 32 'S n C Q) ~ Ol IN;TERNATIONAL ARTS AND FILM FOUNDATION 11266 W. Hillsborough Avenue, Suite #233, Tampa, FL 33635 Telephone: (813) 787-3182 Fax: (813) 434-2084 BRIEF OVERVIEW OF LA.F.F. HISTORY OF LA.F.F: LA.F.F. was officially created in 2004 as a Florida non-profit corporation by the Founder and c.E.O, Anthony J. Verde; however, LA.F.F. was . conceptually born over a decade ago in the mind of Mr. Verde as he experienced first- hand as an independent motion picture producer the almost insurmountable obstacles faced by struggling artists in producing/promoting their work; unfortunately, many artists have to abandon their home community altogether to seek resources elsewhere, and some just give up out of despair. This 'brain-drain' also has a negative long-term economic impact on communities, and conversely, those communities that support the Arts become magnets for positive economic growth. Luckily for the Tampa Bay area, the mayors of Tampa, St. Petersburg, and Clearwater, understand the important role that the Arts and related cultural activities play in maintaining a healthy economy and attracting both human and financial resources to their respective municipality. LA.F.F. was created to become a major team-player in promoting the Arts and Film, with a particular emphasis on providing needed financial and other resources to area artists. LA.F.F.' s ultimate goal is an ambitious one: to help render the region into a mecca for the Arts via a dynamic, cost-effective model and to replicate same state-wide, nationally, and internationally. LA.F.F. ' s MISSION STATEMENT: The basic mission of LA.F.F. is encapsulated by its Motto: "Facilitating Public Access To The Best Of The Arts And Film." Specifically, LA.F.F. plans to carry out its mission by doing the following: 1) Help artists across the full spectrum of the Arts and Film with grants, scholarships, internships and other needed resources. 2) Network with both public and private-sector entities within a teamwork approach to secure resources to fund these initiatives, 3) Showcase, via film festivals, art exhibits, concerts, etc. both local and outside talent and reach out to all socio-economic segments of the community for the enjoyment thereof. PROJECTED I.A.F.F. PROGRAMS: LA.F.F. hopes to provide a broad-range of programs to meet specific client needs within the community such as: 1. OUTREACH PROGRAMS: bringing the Arts and Film directly to those fellow citizens who, for whatever reason, could not physically attend events at a public arena: ,; a) Senior Citizens in retirement homes, ALFs, etc. b) adjudicated/incarcerated or hospitalized youth c) socio-economically disadvantaged clients living in public housing and other areas d) area public/private school students interested in participating in Arts activities/events. 2. UPCOMING EVENTS: February, 2005, Benefit Concert by renowned tenor Roberto Iarussi; Imagine/Giffoni International Film Festival, May, 2005. Benefit Art Exhibit of renowned European artist, Helga MueWmann scheduled for August 2005. City Council MM",,""m~_' Ag_~,!:!,~a_ Cov~,~,,~,~,!:!!~~~ nd u m C-A - \ lO < \ Tracking Number: 1,152 Actual Date: 03/03/2005 Subject I Recommendation: ADOPT Ordinance No. 7356-05 on second reading, annexing certain real property whose post office address is 25191 U.S. Highway 19 North, into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 11: 35: 25 Cvndie Goudeau 02-18-2005 15:28:00 ORDINANCE NO, 7356-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550 FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF LOTS 1 TO 9, LOTS 24 TO 32, BLOCK 35, CHAUTAUQUA ON THE LAKE UNIT NO.3, SECTION A, LOTS 1 THROUGH 5 AND LOTS 26 THROUGH 32, BLOCK 36, CHAUTAUQUA SUBDIVISION, UNIT 1, SECTION A, WHOSE POST OFFICE ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, 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: See attached legal description (ANX2004-08013) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7356-05 City Council ,__,,,!!-gen~,!:!,cov~wr,,,,~!~ora nd u m C A - 2...- IG < 2- Tracking Number: 1,153 Actual Date: 03/03/2005 Subject / Recommendation: Adopt Ordinance 7357-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 25191 U.S. Highway 19 North, upon annexation into the City of Clearwater, as Residential Low and Water. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 11:36:06 Cvndie Goudeau 02-18-2005 15:29:07 ORDINANCE NO, 7357-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550 FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF LOTS 1 TO 9, LOTS 24 TO 32, BLOCK 35, CHAUTAUQUA ON THE LAKE UNIT NO.3, SECTION A, LOTS 1 THROUGH 5 AND LOTS 26 THROUGH 32, BLOCK 36, CHAUTAUQUA SUBDIVISION, UNIT 1, SECTION A, WHOSE POST OFFICE ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW AND WATER; 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 See attached legal description (ANX2004-08013) Land Use CateQorv Residential Low and Water 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. 7356-05. 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. 7357-05 City Council ~~,"....~gen~.~~~over~ M~emorandu m ~A-3 \0,3 Tracking Number: 1,154 Actual Date: 03/03/2005 Subject / Recommendation: Adopt Ordinance 7358-05 on second reading, amending the Zoning Atlas of the City by zoning certain real property whose post office address is 25191 U.S. Highway 19 North, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 11 :36:52 Cvndie Goudeau 02-18-2005 15:31:28 ORDINANCE NO, 7358-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550 FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF LOTS 1 TO 9, LOTS 24 TO 32, BLOCK 35, CHAUTAUQUA ON THE LAKE UNIT NO.3, SECTION A, LOTS 1 THROUGH 5 AND LOTS 26 THROUGH 32, BLOCK 36, CHAUTAUQUA SUBDIVISION, UNIT 1, SECTION A, WHOSE POST OFFICE ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, 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 See legal description attached hereto (ANX2004-08013) 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. 7356-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7358-05 City Council CN-~ lO'c.i "" Ag.~"~,~a C~~,~r Memorand!J~_..,"""~~."@,,, Tracking Number: 1,158 Actual Date: 03/03/2005 Subject / Recommendation: Adopt Ordinance 7386-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 25191-05 U.S. Highway 19 North, from Residential Suburban and Water to Residential Low and Water. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 12:56:03 Cvndie Goudeau 02-18-2005 15:38:41 ORDINANCE NO, 7386-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550 FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, WHOSE POST OFFICE ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, FROM RESIDENTIAL SUBURBAN AND WATER TO RESIDENTIAL LOW AND WATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto (LUZ2004-08006) Land Use Cateaorv From: Residential Suburban and Water To: Residential Low and Water Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. 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. 7386-05 ... o ,.. - u ater City Council _",,,,,~g,~!lda. ~,~ver Memorandum ~A-S [u<5 Tracking Number: 1,159 Actual Date: 03/03/2005 Subject / Recommendation: Adopt Ordinance 7387-05 on second reading, amending the Zoning Atlas of the City by rezoning certain property whose post office address is 25191 U.S. Highway 19 North, from Commercial (C) and Open Space/Recreation (OS/R) to Low Medium Density Residential (LMDR) Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 12:54: 18 Cvndie Goudeau 02-18-2005 15:41:48 ORDINANCE NO, 7387-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550 FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, WHOSE POST OFFICE ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, FROM COMMERCIAL (C) AND OPEN SPACE/RECREATION (OS/R) TO LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: (LUZ2004-08006) Zonina District From: Commercial (C) and Open Space/Recreation (OS/R) To: Low Medium Density Residential (LMDR) Propertv See legal description attached Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7376-05 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7387-05 ~ City Council ",~~~genda ,,~,over Mem~,~!!",!!d u m cp.- b to)g Tracking Number: 1,155 Actual Date: 03/03/2005 Subject / Recommendation: Adopt Ordinance 7371-05 on second reading, vacating a portion of the 60 foot right of way of First Avenue (AKA First Street per field), subject to special conditions. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 11: 37: 42 Cvndie Goudeau 02-18-2005 15:36:06 ORDINANCE NO. 7371-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (A.K.A. FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Kiran C. Patel owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said right-of-way 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, FLORI DA: Section 1. The following: Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records of Pinellas County, Florida), more particularly described as: From the southwest corner of Lot 55, L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05032'30"E along the easterly right of way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd white skinner subdivision, thence N05032'30"E 60.00 feet to the southwest corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and parallel with the westerly right of way line of Coronado Avenue as shown on the plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84027'30"W along said southerly right of way line a distance of 192.00 feet to the Point of Beginning, subject to the following conditions: 1) The project described within the Development agreement between the City of Clearwater and K and P Clearwater Estate, LLC shall commence vertical construction within three (3) years of the effective date of this ordinance. 2) All public and private utilities shall be relocated by K and P Clearwater Estate, LLC at its own expense and to the approval and acceptance of Ordinance No. 7371-05 the utility owners with all out of service utilities removed prior to the completion of the project, 3) This vacation shall become effective only after the dedication of relocated First Street to the City. 4) This vacation ordinance shall be rendered null and void if any of the preceding , conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7371-05 City Council ~,,",.A.A~-:!,~~ Co~"~,.~.,",~..~!!!,.~,.~~!!,~ u m ~~. CA-7 to.' Tracking Number: 1,156 Actual Date: 03/03/2005 Subject / Recommendation: Adopt Ordinance 7372-05 on second reading, vacating a portion of the easterly one half of the 70 foot right of way of Gulfview Boulevard (AKA South Gulfview Boulevard per field), subject to special conditions. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2005 02/20/2005 Financial Information: Review Approval Pam Akin 02-10-2005 11:38:20 Cvndie Goudeau 02-18-2005 15:37:22 ORDINANCE NO. 7372-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF THE EASTERLY ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW BOULEVARD, (A.K.A. SOUTH GULFVIEW BOULEVARD PER FIELD), SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Kiran C. Patel, owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A and B sketches attached hereto; and WHEREAS, the City Council finds that said right-of-way 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: A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard, as depicted on the plat of L1oyd-White-Skinner Subdivision, according to plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of the Public Records of Pinellas County, Florida, all lying in the east % of Section 7, Township 29 South, Range 15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit "An attached hereto; Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of Section 7, Township 29 South, Range 15 East, and the west % of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal description Exhibit "B" attached hereto, are hereby vacated, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC ("Development Agreement") shall commence vertical construction within three (3) years of the effective date of this ordinance. 2) All public and private utilities shall be relocated by K & P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project. Ordinance No. 7372-05 3) The public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right of way to accommodate two lanes of two way traffic capacity, 4) Payment of the Developer's pro rata share of the Beach Walk Construction as identified in the Development Agreement. 5) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption, Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Bryan D. Ruff Assistant City Attorney 2 Ordinance No. 7372-05 HRi City Council ~.genda ~~ver Me~~~~!:,dum fl- \ TrackinQ Number: 1,134 Actual Date: 03/03/2005 Subject / Recommendation: Approve one Registered Architect position (1.0 FTE) for the Planning Department at an estimated annual cost of $81,550. Summary: The Planning Department has a need for a Registered Architect position to provide professional expertise in coordinating urban design projects and in providing professional review and assessment of major urban development and redevelopment land use plans and proposals. Estimated annual costs for the full-time professional level position are as follows: $75,000 Full-Time Salaryand Benefits 6,550 Operatingcosts to include workstation, computer, and specific CADD/GIS software $81,550 Estimated TotalBudget Impact Staff recommends approval of one additional FTE for a Registered Architect position. Funding for the current year is only anticipated to be approximately $42,000 for the remainder of the fiscal year, to include the salary and the purchase of a workstation and software. Funding for the computer will be provided within the current lease contract with Dell. A mid-year budget amendment will appropriate $42,000 from the General Fund unappropriated retained earnings to the Planning Department. Funding for estimated annual costs will be included in the 2005/06 annual operating budget. Originating: Human Resources Section Consent Agenda Category: Other Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budget? No Budget Adjustment: Yes City Council Agenda~.Cover Memora nd !!.!!!.""."..~~.""~._ Budget Adjustment Comments: A mid-year budget amendment will appropriate $81,550 from General Fund unappropriated retained earnings. Annual Ooeratinq Cost: $75,000.00 Appropriation Code(s) 010-01420-510100-515-000- Amount Comments Review Approval Cvndi Taraoani 02-22-2005 13:10:52 Cvndie Goudeau 02-23-2005 13:05:27 Garrv Brumback 02-22-2005 17:31:54 Tina Wilson 02-14-2005 14:49:44 Bill Horne 02-23-2005 11: 08: 33 ll. ~ atet City Council ,,~genda. ~,~y~r,~~~~!!!,~"~~~ndu~~~~,,,",,,,,, Tracking Number: 1,185 Actual Date: 03/03/2005 Subject I Recommendation: Approve the Public Dock Project Agreement, Riparian Rights Easement and Sidewalk Easement between the City of Clearwater and Island Way Gill, Inc. and authorize the appropriate officials to execute same. Summary: The Upland Property Owner (Island Way Grill, Inc.), shall be fully responsible for constructing and installing a nine-slip boat dock on City-owned submerged lands along the south side of 20 Island Way. The Owner will then donate the docks to the City for public use. The City will own and operate the docks, which will serve as an amenity to the citizens and tourists of Clearwater. The docks are consistent with the existing pattern of docks in the area. This dock will have no launching area. There will be no commercial activities at this dock including bait sales, vending, etc. or overnight docking. The un-staffed dock will be used on a first come/first served basis and will be free to the public. The owners of the Island Way Grill will cover the cost to build the docks and provide the City with a Sidewalk Easement for public ingress and egress from the property. In addition, the Owner will provide to the City the necessary Riparian Rights Easement for use of the riparian rights associated with the property. Originatinq: Marine and Aviation Section Consent Agenda Categorv: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Approval Bill Morris Bill Morris 02-25-2005 09:34:07 02-25-2005 15:31:31 03-01-2005 09:31:26 02-25-2005 14:04:32 03-01-2005 09:34:47 02-25-2005 14:52:43 03-01-2005 09:28: 14 Laura Lioowski Bill Horne Laura Lioowski Cvndie Goudeau Garry Brumback (~ "'1t l DRAFT - 2/24/2005 PUBLIC DOCK PROJECT AGREEMENT This Public Dock Project Agreement, entered into this day of ,2005, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, ("City"), and ISLAND WAY GRILL, INC., a corporation of the State of Florida, whose address is 20 Island Way, Clearwater, Florida 33767, ("Upland Property Owner" or "Owner") (each being referred to individually herein as "Party" and collectively as the "Parties"). WITNESSETH: WHEREAS, through a 1925 conveyance out of the State of Florida, the City is the owner of certain submerged lands (Exhibit "A") adjacent to real property owned by Upland Property Owner (Exhibit "B"); and WHEREAS, City has determined it to be beneficial to create public boat docks for use by the general public ("Docks" or "Project"); and, WHEREAS, Upland Property Owner has agreed to donate a floating dock system to the City in order to provide access via watercraft to local businesses. NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Property Rights. The Project will be located on City-owned submerged lands, which are adjacent to the Owner's upland property. Upland Property Owner shall grant to City, of even date herewith, a conditional riparian rights easement in the Upland Property, sufficient for public use of the Docks as contemplated herein, and a conditional sidewalk easement for ingress and egress by the public across the Upland Property ( Exhibit "C"). 3. Conditions and Recording of Agreement. As provided for above, Owner is granting a conditional easement for ingress and egress across the Upland Property and a conditional easement for public use of Upland Property riparian rights. Under the terms of the easement agreements, either Party may terminate the easements if the Upland Property is no longer used as a restaurant, or if title to the Upland Property is transferred. The Parties hereto acknowledge and agree that upon such termination by either Party, the City reserves the right, Page 2 - Public Dock Project Agreement Parties: City of Clearwater & Island Way Grill, Inc. in its sole discretion, to remove and relocate the Docks. In line with same, this Agreement shall be recorded in the Public Records of Pinellas County with the intent of providing notice to subsequent purchasers of the Upland Property that the Docks are in fact public and may be removed by the City should either condition precedent occur, 4. Public Dock Proiect Description. Project is a floating dock system with a total dock area of approximately 2299 square feet, consisting of nine boat slips, as more particularly described in Exhibit "D", Project shall be designed in compliance with the Americans with Disabilities Act. 5. Dock Permittina and Construction. Upland Property Owner shall submit to City a design proposal for construction of the Docks. Owner shall be solely responsible for all costs related to or resulting from the design, permitting, construction and installation of the Docks, as well as any and all costs associated with necessary environmental studies, and any and all other costs resulting from completion of the Project. The City shall not incur any costs related to the Project. Owner shall obtain all necessary permits for the Project, including but not limited to regulatory and governmental permits to be granted by the Department of Environmental Protection, the Army Corps of Engineers, and the Pinellas County Water and Navigation Control Authority. Owner hereby represents that completion of the Project shall be in accordance with said permits, including any general and special conditions as well as signage requirements. 6. Donation of Docks. Upon completion and approval of the Project by the appropriate regulatory authorities, Owner shall immediately donate Project, via a Bill of Sale, to the City with all ownership interest and rights pertaining thereto. 7. Dock Usaae. The Docks shall be available for public use only, on a first-come, first-served basis. Docks shall be used for non-commercial use only and under no circumstances shall the docks be used for bait sales, vending, or overnight docking. Docks are subject to use restrictions as provided for in all applicable governmental and regulatory permits. 8. Maintenance and Insurance. City shall maintain and repair Docks in accordance with City's maintenance and repair schedule for other 2 Page 3 - Public Dock Project Agreement Parties: City of Clearwater & Island Way Grill, Inc. similar facilities. City shall insure Docks through its self-insurance program. 9. Attorney's Fees, In the event it shall be necessary for either party to this Agreement to bring suit or commence arbitration to enforce any provisions hereof or for damages on account of any breach of this Agreement, the prevailing party, shall be entitled to recover from the other party, damages and other relief granted and all costs and expenses of such suit or arbitration and a reasonable attorney's fee as set by the court or arbitrator. 10. Incorporation of Exhibits. All Exhibits referenced herein are hereby incorporated into this Agreement. 11. Authority. The Parties each hereby represent that they have the legal authority to enter into and execute this Agreement and to perform all of the obligations and duties herein, 12. Governina Law. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 13. Headinas. All sections and descriptive headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof. 14, Entire Aareement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and may not be modified or amended except by a written amendment executed by the parties hereby bound. 15. Notices. All notices to be given pursuant to this Agreement shall be deemed given upon receipt if sent by hand delivery, one (1) business day after deposit during normal business hours in the facilities of an express overnight courier, or three (3) business days after depositing same with the U.S. Postal Service, certified mail, return receipt requested to the following addresses: As to Island Way Grill, Inc: Mr. Frank V. Chivas 10395 Gulf Boulevard Suite 103 Indian Shores, Florida 33785 3 Page 4 - Public Dock Project Agreement Parties: City of Clearwater & Island Way Grill, Inc. As to City: Mr, William B. Horne II City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33758 The foregoing addresses may be changed from time to time by either party, by delivering written notice of such change to the other party in accordance with the provisions hereof. 16. Invalid Provision, If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provision or by its severance from this Agreement. This Agreement shall not be construed more strongly against either party as the parties have negotiated the terms of this Agreement. 17. Waiver. One or more waivers of any covenant or condition by the City shall not be construed as a wavier of a subsequent breach of the same covenant or condition and the consent or approval by the City to or of any act by the Owner requiring the City's consent or approval shall not be construed as a consent or approval to or of any subsequent similar act by the Owner. 18. Observance of Laws. Owner agrees to observe, comply with all laws, rules, requirements, orders, directives, codes, ordinances, and regulations of any and all governmental authorities or agencies, of all municipal departments, bureaus, boards and officials, of all County, State and federal boards or agencies, 4 IN WITNESS WHEREOF, the parties have placed their hands and seals this day of , 2005. Signed, sealed and delivered in the presence of: ISLAND WAY GRILL, INC. WITNESS signature Frank R. Chivas, President Print Witness Name WITNESS signature Print Witness Name Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor By: William B. Horne II City Manager Approved as to form: Attest: Assistant City Attorney Cynthia E. Goudeau City Clerk STATE OF FLORIDA COUNTY OF PINELLAS ) ) The foregoing instrument was acknowledged before me this day of February, 2005, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. PrintlType Name: Notary Public 5 I I Page 5 - Public Dock Project Agreement Parties: City of Clearwater & Island Way Grill, Inc. STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of February, 2005, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public 6 DRAFT - 2/24/2005 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. IRIPARIAN RIGHTS EASEMENl1 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, ISLAND WAY GRILL, INC" a Florida corporation 1 0395 Gulf Boulevard, Suite 1 03, Indian Shores, FI, 33785 - 2001 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, ("Grantee"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5, ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as recorded in Plat Book 51, Page 34, public records of Pinellas County, Florida, This easement is granted specifically and exclusively for the purposes of accommodating Public Boat Docks to be constructed and situated adjacent to subject uplands, the use of which requires said riparian rights. Grantor explicitly and unequivocally conveys to Grantee control and interest in the riparian uplands adjacent to the project area and the corresponding riparian rights necessary to utilize and maintain the Public Dock Project. An easement for ingress and egress over Grantor's upland property is being conveyed of even date herewith. Either Party may terminate this easement if the subject property is no longer used for a restaurant or if title to the property is transferred. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that so long as Grantee complies with provisions contained herein, Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. DRAFT - 2/24/2005 It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their successors and assigns. The rights granted herein shall be conditional and revocable in accordance with the conditions as provided for herein, by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this day of ,2005. Signed, sealed and delivered in the presence of: ISLAND WAY GRILL, INC. WITNESS signature Frank R. Chivas, President Print Witness Name WITNESS signature Print Witness Name STATE OF FLORIDA : 55 COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2005 by Frank R. Chivas, as President of Island Way Grill, Inc., a Florida Corporation, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the uses and purposes therein expressed. My Commission Expires: Notary Public - State of Florida Type/Print Name [ ] Personally Known [ ] Produced Identification Type of Identification Produced DRAFT - 2/24/2005 II CONSENT & JOINDER II The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage and Note Modification and Renewal Agreement ("Agreement") dated May 17, 2004 as recorded in O. R. Book 13590, Pages 2482 - 2488, public records of Pinellas County, Florida, referencing that certain mortgage and other instruments of security of even date as recorded in O. R. Book 13589, Pages 2612 - 2619, public records of Pinellas County, Florida; same Agreement also renewing and extending provisions of that certain Mortgage and Note Modification, Future Advance and Consolidation Agreement dated August 16, 2002, as recorded in O. R. Book 12183, Pages 2586 - 2592, Public Records of Pinellas County, Florida, and embodying all of those outstanding mortgages and other instruments of security, future advances, prior modification and consolidation agreements given in favor of said Mortgagee as recorded in O. R. Book 11033, Pages 1527 -1533, 1543 - 1547, O. R. Book 11261, Pages 409 - 415, O. R. Book 11332, Pages 488 - 494, O. R. Book 11398, Pages 86 - 90, all in the public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement as herein described, and subordinates all of its right, title, interest and claim in the lien of aforesaid instruments to the easement conveyed herein. Signed, sealed and delivered In the presence of: PREMIER COMMUNITY BANK OF FLORIDA, a Florida corporation Witness signature By: Print Name Title Print Witness name Witness signature Print Witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of , 2005 by , as of PREMIER COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said instrument and acknowledged the execution thereof to be h_ free act and deed for the uses and purposes therein expressed, and who [ ] is personally known to me or who [ ] did provide as identification. My Commission Expires: Notary Public - State of Florida Type/Print Name I DRAFT - 2/24/2005 Return to: Earl Sarrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. 08-29-15-43380-003-0010 SIDEWALK EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, ISLAND WAY GRILL, INC" a Florida corporation 1 0395 Gulf Boulevard, Suite 1 03, Indian Shores, FI, 33785 .2001 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5, ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as recorded in Plat Book 51, Page 34, public records of Pinellas County, Florida, being more particularly described as follows: The South 6,0 feet of the East 210,0 feet of the aforementioned portion of Lot 1. Block C. Unit 5. ISLAND ESTATES OF CLEARWATER as depicted in EXHIBIT "A" appended hereto, This easement is granted for installation and maintenance of a public sidewalk. Either Party may terminate this easement if the subject property is no longer used for a restaurant or if title to the property is transferred, The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to construct, install and maintain thereon such sidewalk and to inspect and alter same from time to time. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. C:\DOCUME-1 \lIipowsk\LOCALS-1 \T emp\mwtemp550\ws 72. tmp DRAFT - 2/24/2005 It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their successors and assigns. The rights granted herein shall be conditional and revocable in accordance with the conditions as provided for herein, by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of , 2005. Signed, sealed and delivered in the presence of: ISLAND WAY GRILL, INC. WITNESS signature By: Print Witness Name Frank R. Chivas, President WITNESS signature Print Witness Name STATE OF FLORIDA : ss COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2005 by Frank R. Chivas, as President of Island Way Grill, Inc., a Florida corporation, who executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed. My Commission Expires: Notary Public - State of Florida Type/Print Name [ ] Personally Known [ ] Produced Identification Type of Identification Produced C:\DOCUME-1 \lIipowsk\LOCALS-1 \T emp\mwtemp550\ws72.tmp 2 DRAFT - 2/24/2005 CONSENT & JOINDER The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage and Note Modification and Renewal Agreement ("Agreement") dated May 17, 2004 as recorded in O. R. Book 13590, Pages 2482 - 2488, public records of Pinellas County, Florida, referencing that certain mortgage and other instruments of security of even date as recorded in O. R. Book 13589, Pages 2612 - 2619, public records of Pinellas County, Florida; same Agreement also renewing and extending provisions of that certain Mortgage and Note Modification, Future Advance and Consolidation Agreement dated August 16, 2002, as recorded in O. R. Book 12183, Pages 2586 - 2592, Public Records of Pinellas County, Florida, and embodying all of those outstanding mortgages and other instruments of security, future advances, prior modification and consolidation agreements given in favor of said Mortgagee as recorded in O. R. Book 11033, Pages 1527 - 1533, 1543 - 1547, O. R. Book 11261, Pages 409 - 415, O. R. Book 11332, Pages 488 - 494, O. R. Book 11398, Pages 86 - 90, all in the public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement as herein described, and subordinates all of its right, title, interest and claim in the lien of aforesaid instruments to the easement conveyed herein. Signed, sealed and delivered In the presence of: PREMIER COMMUNITY BANK OF FLORIDA, a Florida corporation Witness signature By: Print Name Title Print Witness name Witness signature Print Witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of , 2005 by , as of PREMIER COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said instrument and acknowledged the execution thereof to be h_ free act and deed for the uses and purposes therein expressed, and who [ ] is personally known to me or who [ ] did provide as identification. My Commission Expires: Notary Public - State of Florida Type/Print Name C:\DOCUME-1 \lIipowsk\LOCALS-1 \T emp\mwtemp550\ws 72. tmp 3 City Council ....~~g.~nda.J;~~erMemo.!:andu~.... E(\g - , 11-.3 Tracking Number: 1,117 Actual Date: 03/03/2005 Subject / Recommendation: Approve the final plat for "MOORINGS TOWNHOMES IIA" located on Bayway Boulevard North approximately 800 feet East of the intersection of Hamden Drive and Gulfview Boulevard. Summary: This final plat is a replat of the entire subdivision of Moorings Townhomes II. The purpose of the replat is to facilitate permitting of dock construction by extending the side lot lines to the rear property line at the seawall. All of the existing easements and common areas will be retained for use by the owners. A copy of the plat is available for review in the City Clerk's office. Oriainatina: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 01-24-2005 13: 13:41 Garrv Brumback 02-18-2005 08:48:49 Michael Quillen 01-25-2005 11:16:13 Bill Horne 02-20-2005 18:06:08 Cyndie Goudeau 02-22-2005 08:06:25 ~ U U~L PAPAYA ST Pier 60 ~ BAYSIDE PROJECT SITE A ~ c DR DR City of Clearwater,Florida Public Works Administration/Engineerin Drawn By MOORINGS TOWNHOMES IIA S.K. Sheet 10f1 Sec-Twn-Rng 17.29S.15E Grid # 285 A ... o .. - City Council _"",,,,~I!,~~ cO"-~~~..,..~.,~,~o,r!l nd u m Eng - Z. rl..~ Tracking Number: 1,118 Actual Date: 03/03/2005 Subject I Recommendation: Approve the final plat for "MOORINGS TOWN HOMES IA" located on Bayway Boulevard North approximately 800 feet East of the intersection of Hamden Drive and Gulfview Boulevard. Summary: This final plat is a replat of the entire subdivision of Moorings Townhomes 1. The purpose of the replat is to facilitate permitting of dock construction by extending the side lot lines to the rear property line at the seawall. All of the existing easements and common areas will be retained for use by the owners. A copy of the plat is available for review in the City Clerk's office. Originatinq: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 01-24-2005 13: 14:35 Garrv Brumback 02-18-2005 08:48: 11 Michael Ouillen 01-25-2005 11:13:53 Bill Horne 02-20-2005 18:05:27 Cyndie Goudeau 02-22-2005 08:05:34 PAPAYA 5T A ~ ~ U U~L PROJECT SITE I- C/) iJ5 c Pier 60 ~ DR DR BAYSIDE City of Clearwater, Florida Public Works Administration/Engineerin Drawn By MOORINGS TOWNHOMES IA S.K. Sheet 10f1 Sec-Twn-Rng 17-Z9S-15E Grid # 285 A EAg -3 \1.. 5 _......~.. Age!!.~a C~..~..~r Memoran..~.~~!!'~_..._,.._.....mm,,"..,...~.......~ City Council Tracking Number: 1,136 Actual Date: 03/03/2005 Subject I Recommendation: Accept 5-foot Water Main and Utility Easements over, under and across a portion of BAYSIDE SUBDIVISION NUMBER 2, Lot 26 conveyed by Labella Vista of Clearwater, LLC, and BAYSIDE SUBDIVISION NUMBER 2, Lot 27 as conveyed by Brightwater Point, LLC, both given in receipt of $1.00 and the benefits to be derived threrefrom. Summary: Several new townhome projects have developed along Brightwater Drive on south Clearwater Beach in recent years, and more are planned. The present potable water infrastructure is inadequate to properly service the higher elevations of the new improvements and increased density they foster along Brightwater Drive. The City's Brightwater Drive Water Main improvements project is in final design to improve the hydrauliC characteristics along Brightwater to insure public safety and provide stabilized, consistent water pressure for residents and visitors. The project will connect the existing 6-inch water main serving Bayside Drive with the existing 6-inch line on Brightwater Drive via an 8-inch subaqueous water main drilled below the intervening channel. On October 21, 2004 Peter and Toula Hlepas, owners of a residence at 210 Bayside Drive, granted sufficient easement to facilitate the connection at its Bayside Drive terminus. The subject easement grants abut each other and establish a 10-foot easement to complete connection of the subaqueous line to the existing 6-inch water main beneath Brightwater Drive. The resulting "loop" will create the desired hydrauliC characteristics that will provide reliable water service to meet present and anticipated future demand. A copy of the documentation for each easement is available for review in the Office of Official Records and Legislative Services. Orioinatino: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review ADproval Michael Ouillen 01-31-2005 13:38:09 Garrv Brumback 02-18-2005 15:39:06 Laura LiDowski Bill Horne Cyndie Goudeau City Council ""__~gend!,,,~over .~!'Iorandum 02-03-2005 14:37:37 02-20-2005 18:04:40 02-22-2005 08:04:51 atel City Council _~~"".~~.~~~a CQy~r Memorand~m ~, Erfj - -4 1/.6. Tracking Number: 1,137 Actual Date: 03/03/2005 Subject / Recommendation: Approve the final plat for "WOODLAWN OAKS SUBDIVISION" located approximately 500 feet East of the intersection of Martin Luther King, Jr. Avenue and Woodlawn Street. Summary: This is a replat of lots 1-12, block "B" and lots 21-24, block "A" Harvey Park Subdivision together with four unplatted parcels. The property is within the city limits of Clearwater consisting of 1.64 acres more or less. The final plat will create 11 single family lots. The proposed project was approved by the Development Review Committee on August 18, 2004. A copy of the plat is available for review in the City Clerk's office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 01-28-2005 14:11:13 Garrv Brumback 02-18-2005 15:41:22 Michael Ouillen 01-28-2005 15:02:34 Bill Horne 02-20-2005 18:03:06 Cyndie Goudeau 02-22-2005 08:49:20 ST z UJ 0 ~ I- Z (!) Z <( Z 0 (!) 0:: I ~ I ::l (/') Cl () 0 ~ <( (/') ~ ~ (/') ~ ST I I I~ QUEEN ST (/') z 0 ~ Cl <( ~ UJ ~ ] I ItD U UJ ll.. ]gl I~D D \,\~E.\.\.p..S >- <S' ~ TUSKAWILLA ST Tuskawilla D OUJ ~ ~~ ~9.. ~0~ t<l ()0~~ <2 ~ ) & Cl I~ ;;: W UJ ~ UJ ~ UJ ~ 0:: -, (!) z ~ 0:: UJ SOUTH I I- ::l ..J Z i= 0:: <( ~ <( (!) o i= PROJECT SITE UJ ~ UJ ~ UJ ~ UJ ~ UJ ~ UJ ~ ~~ ffFf n n ~ n n n n n Legend Outside Clearwater City Limits UJ ~ UJ ~ UJ UJ ~ ~ (!) Z ::l 0 Cl >- Z UJ EASY 0:: u. z ~ >- o co UJ ~ (Qe~( ( City of C/earwater,Florida Public Works Administration/Engineerin Drawn By s.K. Sheet 10f1 WOODLA WN OAKS SUBDIVISION S~:~;;1~';! Grid # 314A ater City Council ~-s III ~~~_~..m~~.~.!:!.~~.~~verMemorand l!~~.~....~~"@..m...~._ Tracking Number: 1,140 Actual Date: 03/03/2005 Subject / Recommendation: Approve the final plat for "BRIGHTWATER COVE No.2" located on Brightwater Drive approximately 450 feet East of the intersection of Hamden Drive and Brightwater Drive. Summary: This final plat is a replat of the entire subdivision of Brightwater Cove. The purpose of the replat is to facilitate permitting of dock construction by extending the side lot lines to the rear property line at the seawall. All of the existing easements and common areas will be retained for use by the owners. A copy of the plat is available for review in the City Clerk's office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 01-28-2005 16:37:06 Garrv Brumback 02-18-2005 15:39:56 Michael Ouillen 01-31-2005 13:40:41 Bill Horne 02-20-2005 18:03:51 Cyndie Goudeau 02-22-2005 08:04:03 " A ~ -J co c:r o CJ FIRST ST THIRD ST DR o o ~ o 0: 80 PROJECT SITE DR FIFTH BAYSIDE City of Clearwater,Florida Public Works Administration/Engineering Drawn By BRIGHTWA fER COVE No, 2 S.K. Sheet 10f1 Sec-Twn-Rng B-29S-15E Grid # 276A City Council _,__,,~gen(t~w COV~!,,~,~.l11ora nd u m C~-8 1\. (J Trackina Number: 1,139 Actual Date: 03/03/2005 Subject / Recommendation: Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida General Partnership, replacing the legal description on a previous Quit Claim Deed to the Sea Captain, approved by Council on January 15, 2004, and authorize the appropriate officials to execute same. Summary: The City originally conveyed any interest it had in the subject property via Quit Claim Deed in 1951, but due to a title glitch involving the northern boundary of the property, the City agreed to quit claim any possible remaining interest in January 2004. At that time, the owner did not want to get a new survey, and the parties agreed to use a legal description issued by Curtis Young, a local surveyor. Council approved the Quit Claim Deed on January 15, 2004. Owner has since had a survey done which revealed a scrivener's error. As a result, owner has requested that the City grant another Quit Claim Deed using the new survey. The City's engineering department has confirmed that the new survey is accurate in conveying the same interest the City conveyed in January 2004. Originating: City Attorney Section Consent Agenda Category: Other Public Hearing: No Financial Information: ~ Other Review Approval Laura Lioowski 02-03-2005 13:33:50 Pam Akin 02-03-2005 14:19:07 Cvndie Goudeau 02-22-2005 08:23:04 Prepared by and Return to: Laura Lipowski, Esquire City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 QUITCLAIM DEED THIS QUIT CLAIM DEED, Executed this day of March, 2005, by the CITY OF CLEARWATER, FLORIDA a Florida Municipal Corporation whose post office address is City Clerk's Office, P. O. Box 4748, Clearwater, Florida 33758-4748, first party, to SEA CAPTAIN, a Florida general partnership, whose post office address is 1433 Court Street, Clearwater, Florida 33756, second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and successors and assigns of corporations, whatever the context so admits or requires.) This Quit Claim Deed is executed and delivered for the purpose of revising the legal description in that certain Quit Claim Deed dated January 26,2004 and recorded in O,R. Book 13357, Page 1490, Public Records of Pinellas County, Florida. WITNESSETH, That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Pinellas, State of Florida, to wit: See attached Exhibit "A" TO HAVE AND TO HOLD the same together will all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the CITY OF CLEARWATER, FLORIDA has caused these presents to be executed in its name by its City Manager, countersigned by its Mayor, attested by its City Clerk, and approved as to form by its Office of the City Attorney, and its corporate seal to be hereunto affixed, the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk STATE OF FLORIDA : 55 COUNTY OF PINELLAS BEFORE ME personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath. WITNESS my hand and official seal this day of ,2005. Notary Public PrintfType Name: STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath. WITNESS my hand and official seal this _ day of ,2005. Notary Public Print/Type Name: Approved as to form: Laura Lipowski Assistant City Attorney 3) The public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right of way to accommodate two lanes of two way traffic capacity . 4) Payment of the Developer's pro rata share of the Beach Walk Construction as identified in the Development Agreement. 5) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D, Ruff Assistant City Attorney Cynthia E, Goudeau City Clerk 2 Ordinance No. 7372-05 <I E-l H ~ B t-=' ~~ (1)"'-> 0..... ~~ C,,) . mF= a:~ ~~ ~o... l?j ~~ 'i' j!~ G: <cci (I) ~ ~~~ >- ~r;o CD <tx~ ~ C:i:~ ~ ;~i ~ ~~~ I ;d ~ i;~ ~ ~Ji~ ~f52 ~ F.=.~. _SUJ S3F-CD m~~ ~~~ ~~~ ~~~ ~ ~~~ ~ ~~ ~~~ N~ i ~~~i.~~~...~~~~.~!~i~i ~~e~~~5=~O~~~~~~~~~ ~~~im~~~~~~g~~~~~i~ ~~~~~~iF-~~~~~~i~~~~ ~~~~:~~~~~~~~~g~~~. til::~~~i~:~l5mc>~!!:l~h12 ~ ~ ~ i~~. FS. ~ '" ~ ~ i ~ ti &! i ~ j ~ ~~~~~. ~>e~-<r~~;~I~ ~ ..% < ~ ~ ~ ~ . ~ (.!) ~N ~ i5 -- ~ ~ ~~~.;~!~i~i~Ei~.~il~ S:~~~<<E5B~i!gii~~:~l5FS~ !~~~~~~~. :<~~iia~~~ o Ci: t;:j l5 0 .!:td <::,) I-" ~ ::J C5 .~ ~~~~ Q(I)~~i~~~>~< ~ ~;i~:,~~~~~i;~J!~lii ~ .: ~~l5~FSo ft(.!)uiOI....~uim~ l5 !c~~~ill5i!~~i~I;;~m! ; ~~~~F~ C5~~~~3e8~e~~ ~ .~~!$!f5< ~~o:;n>-5 <~i1s~~ a ~~~~~~~~C,,)~5mQ.<g~3~~~ ~ f5zi:J~~rf~" ~ouS~i :;io~~..L ~SiEt5~~(.!)5~;15~t;:j:1~<J'iii ~ ~~e~~~~~ga~~~~~~~~~ ~ ~~m~~~~s~:~€~~~m&~~ . ~~l5~~~~.~~~lg=~!~i~~ ~ ~.l;~ uS i ii~: ~ < ~ ~ ,",:E.~ iE ~ ~ :g c ~~~~~. a~Od ~ -o~uS~ - ~~~~~~~i~~;~~~m~~~~ ~ ffim~~>w~~~CF=~~~~N 8~~ ~ ~~~ ~!;:;!581j~ill~~~lil~~t:f~ ~ 8~= <~~B~~~C5~e~~~~z ~ City Council "'"~!!~"~ cO~,~,~.,."~~t~"~~~,~,""'.~.m......,"~~,",.w. w!?Z '21 Tracking Number: 1,145 Actual Date: 03/03/2005 Subject / Recommendation: Pass on first reading Ordinance 7368-05 approving new gas utility rates to become effective for all billings on or after April 1, 2005. Summa!:y--=- Request approval of Ordinance No. 7368-05 which provides for changes to the "Clearwater Gas System Fee, Rates and Charges" section of Appendix A of The Code of Ordinances of the City of Clearwater to become effective for all billings rendered on or after April 1, 2005. The current gas rates and service charges of the Clearwater Gas System have been effective since May 1, 2002, and the monthly customer charges have not changed since October 1, 1997. The primary intent of the recommended revisions is to increase the "Monthly customer charge", certain "Propane (LP) gas service rates", and "other miscellaneous gas charges" for ancillary services to reflect increases in labor costs and providing services to remain competitive. The secondary intent of the recommended Rate Ordinance request is to provide clarification and minor editing of the verbiage in the current rate ordinance. This revised ordinance also provides that the Gas System Managing Director may approve Energy Conservation Programs undertaken by CGS. The City Manager or designee must still approve any adjustments to the Energy Conservation Allowance, which serves to fund these programs. This recommendation is cost-based and responsive to the competitive challenges that can be expected for the foreseeable future. The rates reflect a fair allocation of expenses to the appropriate customer classes. The proposed rates will provide a more equitable structure to ensure the growth potential of the Clearwater Gas System while providing an adequate return to the City of Clearwater which helps offset the City's ad valorem tax rates. Originating: Gas System Section other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Public Hearing: No Financial Information: Review Approval Chuck Warrinaton 02-02-2005 15:03:49 Laura Lioowski 02-15-2005 15:28: 14 Bill Horne 02-22-2005 16:47: 16 Chuck Warrinaton Cvndie Goudeau Chuck Warrinqton Garry Brumback City Council ,,,,,,,~~~g~nda ~"~~~~"~,!!!"~!,~,.!!~um 02-14-2005 11:25:54 02-23-2005 13:06:43 02-15-2005 14:48:42 02-22-2005 17:30:07 ORDINANCE NO. 7368-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCEHDULE OF FEES, RATES AND CHARGES, SECTION XXIV, UTILITIES - GENERAL AND DEPOSITS AND SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES, AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS; PROVIDING AN EFFECTIVE DATE, WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since May 1, 2002; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Cle~rwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXIV. UTILlTIES--GENERAL AND DEPOSITS: Deposits and general utility information (s 32.068) : * * * Ordinance No.7368-05 (2) Deposits for service: * * * (b) Gas. Each account/premise served by gas shall be secured by a minimum deposit of $20.00 or two times the average monthly bill for gas service, whichever is greater. Initial single-family residential deposits with no prior consumption history shall be set at $50.00,$100.00. Initial non- residential or multi-family residential deposits shall be set at two times the average monthly bill as projected by the Gas Sales Representative based on the customer's equipment and the planned use of this equipment. The initial deposit may be set at less than the normal hvo month lovel upon determination of being in business for two years or more or other\\'ise providing satisfactory credit worthiness and by executing a special doposit/payment agreement approved by the city manager v:hich provides for a more rapid payment schedule than normal. * * * XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (~32.068): (1) Natural gas service rates, The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or less. Monthly customer charge. . . , -h-OO$8.00 Non-fuel energy charge, per therm . . . . .$,0.580 Minimum monthly bill . . . . ,$8.00-hOO (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge. . . . $~20.00 Non-fuel energy charge, per therm . . . . .$,0.580 2 Ordinance 7368-05 Minimum monthly bill . . . . ~20.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas. service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge. . . . ~$30.00 Non-fuel energy charge, per therm , . . , ~0.580 Minimum monthly bill. . . . ~.$30.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge. . . . afM)O$75.00 Non-fuel energy charge, per therm . . . , ~0.580 Minimum monthly bill. . . . afM)O.$75.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge. . . , ~$20.00 Non-fuel energy charge, per therm . . . . ~0.470 Minimum monthly bill. . . . ~$20.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge. . . . ~$30.00 Non-fuel energy charge, per therm . . . . ~0.410 Minimum monthly bill. . . . ~$30.00 3 Ordinance 7368-05 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge. . . . W-:-GG$75.00 Non-fuel energy charge, per therm . . . . iO.350 Minimum monthly bill . . . . W-:-GG$75.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply, Monthly customer charge. . . . 100.00$150.00 Non-fuel energy charge, per therm . . . . 0.280 Minimum monthly bill, . . . 100.00$150.00 Plus the non-fuel therm rate for the minimum number of contract therms per day (i) Contract natural gas service (rate eNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. 4 Ordinance 7368-05 I Monthly customer charge.... As established by contract (typically tThe same as the normally applicable service class~ Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption U) Residential natural gas air conditioning service (rate RAG): Firm natural gas service for domestic gas air conditioning in all residences of three (3) units or less where the gas air conditioning load is separately metered. Monthly customer charge.... $ 7-J)Q8.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... 0.200 Minimum monthly bill.... $ 7-J)Q8.00 at the premise on a firm rate schedule (k) General natural gas air conditioning service (rate GAG): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 0--149 tons and the gas air conditioning load is separately metered. 5 Ordinance 7368-05 I Monthly customer charge.... $ 45J)G20.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.150 Minimum monthly bill.... $ 45J)G20.00 at the premise on a firm rate schedule (I) Large natural gas air conditioning service (rate LAC): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 150 tons or more and the gas air conditioning load is separately metered. Monthly customer charge.... $ 2G-:-0030.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.100 Minimum monthly bill.... $ 2G-:-0030.00 at the premise on a firm rate schedule (m) Natural gas street lighting service (rate SLY: Natural gas service for lighting of public areas and ways. Service may be metered or estimated at the discretion of the gas system. The customer may elect to subscribe for normal street lighting maintenance and relighting labor service, or they may call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or they may elect to maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides 6 Ordinance 7368-05 poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed. Monthly customer charge. . . . .:t-aOO$20.00 Non-fuel energy charge, per therm . . . . iO.200 Normal maintenance and relighting labor seNice charge, per therm . . . . iO.100 Plus any required equipment/parts Minimum monthly bill. . . , .:t-aOO$20.00 Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is handled like a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... As established by contract (typically the same as the normally applicable seNice class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) 7 Ordinance 7368-05 Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (0) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... $ -7-:008.00 for residential or $~20.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0,100 plus any applicable customer- specific or public fill station per therm facilities charges required to provide this service Minimum monthly bill.... Monthly customer charge, if applicable, plus any monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline," (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately 8 Ordinance 7368-05 established for back-up service, where no substantial gas service is used for year round purposes. Monthly customer charge. . . .3Q.;OO$50.00 Non-fuel energy charge, per therm . . . ,i0.470 Minimum monthly bill. . . . 3Q.;OO$50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for "year round" domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or less. Usage Class Annual Non-fuel Non-fuel Non- Units/Gallons Energy Charge Energy Charge refundable per Gallon per Therm Annual Customer Charge 1 0-60 $1.500 $1 .639 $9€hOO180.00 2 60.1--120 i1.300 i1.421 -7600$144.00 3 120.1--300 iMOOO.900 iM-740.984 9{hOO$72.00 4 >300 io;7OO0 .800 i~0.874 ~$60.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively "leisure living" domestic uses (such as pool/spa heating, fireplaces, and grills) plus 9 Ordinance 7368-05 customers with "year round" appliances who request "will call" status in all residences of three (3) units or less. A 'Will Call" customer is responsible for monitoring tank fuel level and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (d4}-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer's request. i.e. if the customer calls with a "Will Call" fill request on Monday. then we will fill no later than the followinq Friday. Annual Gallons Non fuel Energy Non fuel Energy Non refundable Charge per Gallon Charge per Therm Annual Customer Charge 1 st 300 ~ $(h8+4 ~ >300 4+00 --0-.+% Usaqe Class Annual Non-fuel Enemy Non-fuel Non-refu ndable Units/Gallons Charqe per Gallon Enerqy Charqe Annual per Therm Customer Charqe 1 0-120 $1.300 $1 .421 $120.00 2 >120 _$0.800 $0.874 _$60.00 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers, ) 10 Ordinance 7368-05 Monthly Customer Charge. . . . . . . . . . . . . $1-:008.00 Non-Fuel Energy Charge Per gallon. . . . . . . . . $0.800 (= Per therm . . , . . . . $0.874 Minimum Monthly Bill . . . . . .$1-:008.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Non-fuel Non-fuel Non- Units/Gallons Energy Charge Energy Charge refundable per Gallon per Therm Annual Customer Charge 1 0--2500 $0.200 $0.219 $efhOO72.00 2 >2500 iO.150 iO.164 efhOO$72.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) or less. Monthly customer charge. . . . $1-:008.00 Non-fuel energy charge: Per gallon. . .. i1.600 (=Per therm . . . . i1.7491 Minimum monthly bill . . . . 1-:008.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more, Monthly customer charge. . . . $~20.00 11 Ordinance 7368-05 Non-fuel energy charge: Per gallon. . ., ~1.600 (=per therm . . , , ~1.749} Minimum monthly bill , . . . ~20.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge. . . . $~20.00 Non-fuel energy charge: Per gallon. . . . ~0.200 (=Per therm . . . . ~0.219) Minimum monthly bill. . . . ~$20.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge. . . . $2G-:0O30.00 Non-fuel energy charge: Per gallon, . . . ~0.150 (= pertherm. . . . ~0.164) Minimum monthly bill. . . . ~$30.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. 12 Ordinance 7368-05 r Monthly customer charge. ^s established by contract (typically tIhe same as the normally applicable service class.) Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. U) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee, Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. $-h-008.00 for residential or $~20.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. $0.100 per gallon != $0.109 per therm) plus any applicable customer-specific or public fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Monthly customer charge. $-h-008.00 for residential or $~20.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, either metered or bulk delivered, where no other substantial gas service is used for year round purposes. Monthly customer charge. . . . $~50.00 Non-fuel energy charge: 13 Ordinance 7368-05 Per gallon. . . . iO.390 (= per therm . . . . i0.426) Minimum monthly bill . . . . $J(hOO50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (I) Propane Bulk-Delivered Gas Emeraencv Generator or Other Standby Service (Rate LPSB): LP qas service to an account separately established for back-up service, where no other substantial Qas service is used for year round purposes. Annual customer charqe . . . . $360.00 Non-fuel enerQY charQe: Per Qallon . . . . $0.390 (= per therm . . . . $0.426) Initial delivery charqe. A one-time charQe for the number of Qallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charQe. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. 14 Ordinance 7368-05 On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to 15 Ordinance 7368-05 recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm . . ~$1.110 Natural gas interruptible and contract (non-standard) rate schedule PGA, pertherm. .. .~$1.040 Propane (LP) gas rate schedule PGA: Per gallon ,. . .~$1.210 (= per therm . , . .M€)g$1.322) The above PGA rates are based on the weighted average cost of gas r.yvACOG) as currently approved for M:3rch 2002February 2005. These PGA rates will normally be adjusted annually somi annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas Firm Standard Rate Schedule PGA and the Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA will be established and approved by the city manager or designee for each semi-annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionallv. a fixed monthlv amount may be added to the customer charQe of applicable classes of natural Qas service rates to recover the estimated impact of the added costs associated with Qas purchased throuqh a third-partv transporter (includinq qenerallv east of the Suncoast Parkway in Pasco Countv), These added month Iv customer charQes shall be credited to the overall PGA recovery account and will be initiallv set at: 16 Ordinance 7368-05 Residential ............................................... $ 4.00 per month Small General Service & Multi-Family............ $ 10.00 per month Medium General Service & Multi-Family... ..... $ 20.00 per month Larqe General Service & Multi-Family............ $ 50.00 per month Interruptible Service................................... $100.00 per month Contract Rates --- Apply the same as the normal class of customer usinq the above schedules based on usaqe level These added monthly customer charqes may be adiusted upward or downward from time-to-time with the approval of the City Manaqer or desiqnee based on actual and proiected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the City Manager or designeeGas System Manaqinq Director. The ECA will not be applied to interruptible natural gas or contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the currently applicable ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . , . MW$0.130 Propane (LP) Gas Rate Schedule ECA: Per gallon. , . . MW$0.130 (- pertherm.... 0.175 The above ECA rates are as currently approved for March ~Februarv 2005. These ECA rates will normally be reviewed annually semi annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs as approved by the City Manager since March 1, 1995, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. 17 Ordinance 7368-05 (d) Environmental imposition adjustment (rider EIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental programs imposed on the Clearwater Gas System by federal, state and local regulatory agencies. The EIA will not be applied to interruptible natural gas or contract rates. The currently calculated EIA rates are: Natural Gas Rate Schedule EIA, per therm . . . . iO.OOO Propane (LP) gas rate schedule EIA: Per gallon. . . . iO.OOO (- per therm . . . .0.000) The above EIA rates are as currently approved for March ~Februarv 2005. These EIA rates will normally be reviewed annually semi annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected environmental project costs and projected consumption levels in order to recover the total cost of gas system environmental cost impositions as approved by the City Manager since February 1, 1993, as well as the labor and other costs attributable to such environmental projects. The over or under recovery of these EIA costs will be computed and an adjustment in the EIA rate may be made at the discretion of the City Manager or designee. (e) Weather normalization adjustment (rider WNA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to unusually warm winter weather. The WNA rate is currently approved for M3rch 2002Februarv 2005 at: Natural gas rate schedule WNA, per therm . . . . ().,.Q4Q$0.010 Propane (LP) gas rate schedule WNA, per gallon. . , .().,.Q4Q$0.010 The WNA rates may be implemented based on actual heating degree day data, the gas system's projections of the impact of this weather on revenues, and projected consumption levels. The implementation of the WNA will be at the sole discretion of the City Manager or designee only if the heating degree day data as 18 Ordinance 7368-05 measured at the Tampa International Airport weather station was at least a ten percent variation below the ten-year historical average and the City Manager or designee determines that this has created a material impact on the earnings of the Clearwater Gas System warranting the WNA implementation. Any over or under recovery or distribution may be credited or debited to the f)9&PGA Adiustment Clause at the discretion of the City Manager or designee upon discontinuance of the charge. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area, The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . . $30.00 $40.00 19 Ordinance 7368-05 Meter turn-on residential, same day as requested by customer (per account for new customers, seasonal reconnects, and after non- payment disconnect including turn-on of pilot lights) . . . .$60.00 $80.00 Discontinue residential service. . . . $25.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . . $60.00 $80.00 Meter turn-on commercial/industrial, same day as requested by customer (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $120.00 .$160.00 Discontinue commerci31 service. . . . $50.00 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $30.00 $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights). . . .$60.00. $80.00 Replace broken stop or locks on meters. . . . Time and materials Relocate gas meter. . . . Time and materials Turn-on gas pilot lights only (per account) . . . . $30.00.$40.00 Turn-off gas pilot lights only (per account) . . . . $25.00 $35.00 Repair or installation work (one hour minimum) plus materials: 1 person crew time on-site/hour. . . .$59.00 $79.00 2 person crew time on-site/hour. . . .$99.00 $129.00 Overtime surcharge for all work including installation, service and repair, and maintenance (as requested by the customer for evenings, weekends, and holidays) . . . . Double normal charge 20 Ordinance 7368-05 Overtime surcharge for call-out turn-ons (as requested by the customer for evenings, weekends, and holidays). . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $25.00 $35.00 Gas meter test at customer request- if results are within limits (per meter) . . . . $50.00 $100.00 Reset residential gas meter after same customer requests removal (per meter) . . . .$100.00 $125.00 Unauthorized meter bypass or hookup. . . . Time and materials plus ten percent of the average monthly bill for each day since last reading Installation, maintenance and removal of service line excess flow valves as requested by the customer. . . . Time and materials Emergency response for other utilities. . . . Time and materials Evacuation of L.P. gas from tank. . . . $10.00 $50.00 plus G-:OO 0.700 per gallon removed plus applic3ble discontinue service charges Full abandonment and/or removal of buried LP tank (CGS decision) Time & Material plus 0.70 per Qallon-Landscapinq restoration by customer. Removal of LP Tank (buried) and removal of LP qas restoration by customer....Time and material plus 0.70 per qallon removed Other services not normally provided including work on customer property beyond the meter, such as leak surveys as required by regulation. , . , Time and materials Collector fee, See Appendix A - Public Works Utility Tariffs, Section (4 )(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). 21 Ordinance 7368-05 Residential 'Will Call" and special request delivery Propane Gas Service trip charges for early delivery: $4Q-$50.00 trip charge for next business day delivery or for a scheduled delivery less than 4 business days $100.00 trip charge for same business day delivery $200.00 trip charge for same day delivery service outside normal business hours, holidays or weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required~";" (CGI). A minimum fill charge of $4Q_$50.00 for bulk, "Will Call" or metered delivery customers that request a delivery, in less than ~business days:,. except that there will be no charge if the tank is less than 30% full at the time of the fill. If a bulk or metered delivery customer requosts a fill and the tank is found to be more than 30% full, 'Will Call" ~ or special request delivery charges will also apply. Leak inspection investioation (make safe only) . . . .. ............ .. No charge If turn-on of pilots the applicable charoes apply Additional repairs......................... ...Time & Materials Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge during a period beginning not earlier than August 15th and extending through not later than November 15th to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the 22 Ordinance 7368-05 Clearwater Gas System service territory, shall be required to notify the one call notifications system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes 9556). If a person or company causes damage to an above or under ground pipeline facilities owned by Clearwater Gas System and through negligence or accident has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims~ administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004 including appeal rights to the Gas Systom Managing Director. If the customer remains dissatisfied after attempting to resolve the problem with the Gas System Managing Director, they may register a formal complaint by directing their concern in 'J.'riting to theCity Manager or designee who will schedule a meeting 'Nith the customer to determine the facts and make a final ruling on the resolution of the dispute. (b) Contract rate level determination: It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System 23 Ordinance 7368-05 and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula, Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) towards achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 1, Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main line extension construction feasibility, The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed gas equipment with an estimated minimum annual consumption of two therms per foot of service line required, or 24 Ordinance 7368-05 The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above). Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. 4. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of equipment to natural gas. The Clearwater Gas System will convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no cost to the customer, provided that for commorci31 3nd industrial the customers tAe- ~use is year round; the customer commercial and industrial customer enters into a contract to exclusively use the natural gas service of the Clearwater Gas System; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities, When alterations or additions to structures or improvements on customer's any premises require the Clearwater Gas System to relocate metering, service line, or main line, or when such relocation is requested by the customer, or others. for whatever reason, 25 Ordinance 7368-05 the customer or others, may be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities. Section 2. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 4. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after April 1, 2005. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk 26 Ordinance 7368-05 ate! City Council ~~"~.....~..~.~.~a c~~,~.rJ1.~.~,~,r~,!::!,!!~,~". CA-q 13, \ Tracking Number: 1,162 Actual Date: 03/03/2005 Subject / Recommendation: Pass Ordinance 7382-05 on first reading, correcting Ordinance 7205-03, substituting a new map showing correct future land use map classifications, and Pass Ordinance 7383-05 on first reading, correcting Ordinance 7206-03, substituting a new map showing correct zoning classifications. Summary: Ordinance No. 7205-03 and Ordinance No. 7206-05 were adopted on December 4, 2003. It was subsequently discovered that the above ordinances had the incorrect maps attached as exhibits. The correct maps have been attached to the new ordinances. Originating: City Attorney Section City Attorney Reports Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 02/20/2005 03/06/2005 Financial Information: Review Approval Pam Akin 02-15-2005 13: 13:30 Cvndie Goudeau 02-18-2005 15:52:05 ORDINANCE NO. 7382-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 7205-03; SUBSTITUTING A NEW MAP SHOWING CORRECT FUTURE LAND USE MAP CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7205-03, amending the land use for property located at 2525 Druid Road, was adopted by the City Council on December 4, 2003; and WHEREAS, the Future Land Use Plan Map attached to Ordinance No. 7205- 03 was incorrect and it is necessary to substitute a correct map; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Plan Map attached hereto as Exhibit A will be deemed to replace the map attached to Ordinance No. 7205-03. 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 K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7382-05 622 R/OG A JJi I: . , f f 630 20332 730 __ ___. Ir - ---, .- - I I I I ' - - - - .. .. .. -.. - - - - - I 0) """ ~ DRUID RD p ,..------, , , I .20258 , , , , :20228 ....~ - --I , , , , 20162 , , , , .... _ _ --' 1--~1 i---"---' I----l~,--I I I I " 'I I I '_I :: : : .. :': ~ : : 1__' ---- ~-- ---.. ___I :, --: :.--l~,(--:, ~,J--: :---~ :-r--: :--:~ -,:' I -' .., II I I '.' I ,I ': I : I : _I __ ---_ _.__,1_,,__' ..__',___II.J'_' , , ~ _ .. I I I II I 1,_,,'..... ~ , , , , -.. -.. -1 I ., ' q~.J " , " I " . .__~I__~ ...... 'j-' I II I :- -_::....: .. --, , , ,-".,r" , I II I .. _I II I III I - 0'__' [~ ~T~.RCM .- -II , I : _.! . -' i -_I roo, I I I _' 1:,;- .... .- -II ,_....,.., , I:... ~: : ~ : .-..... '_I , , ,. , , , "t. _, L_. : ',";- -~.. :.._:~__._f~=_~ :....~ i"-:' :---~ I ,I '. " 1_'- '_,__: ~___! 20060 Congo Riuer Golf , , , , , ------'_1 :-.. -'-I ,_.. _I ..;--: ,.!..~ i"--' ,:-: :...-~ r--~ l'~ I I t 1 .. ,- ; ~ I_}' :-. 1_:, : _ t.! I ..;: ::' ~ :" : ___11__'.1- ,__I :'--~ :--":, I-.....~...._, ;--..~...--~ , " ' I ~I__,~ :"_l~ ~-"__IJ I:__,_~:-" <:' 20000 Adopted Future Land Use Plan Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size(Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2lCounty) 18/29/16/80353/000/0030 To: RLM & P MDR & P Atlas Page: 299B =R.s:f3.\ RU , , 1_________________________________________ '---CG-: A R/OG 20332 ___.._1"----. ,_.. t , , , , I........... __ _...... ___: " " (!; \0 '" .. " DRUID RD RLM r------, , , : 120258 , , , 120228 , I , , , I... __.....1 , , , 1___.__.."'"',--. 20162 f) :-:)~~~j C~~:i"-~~] , ' ......., I I " I ",.."IL.. ~ , ._...... '"" f : O-:G~, -1_.. .. :_...... _,I ......'i -, I ,,, : 'I I .... _11__1 :-.. ..: :.... -::.... ..,: :-.... -: ~'-": :....-: ,.. . I " I f r I I I I :....: ,____'1:_1 I___~ 1___: ~__! ;-)---' ,_..~ "--, : $ : : ~::.. ~..j--_: ~....-: ~..' ,- -,j-' . .. I .. -. II I ,,, I .. "....' r-- --/U- :___-r .. M '--..- ...- i" -'I , , : - ~ . -' ,I ~J L:: -'J :_~~I: (.~~:: I ,.. I 1_..... ....1 '. - I L..' , , '. , ~-~ : -'t.. ~ -~.. :"_:~__I..r::; ;--~ ;.-j :...._~ I II " " 1..'- ''''__: ~___~ 20060 Congo Riuer Golf i-.......... -, , .-" -, , -, I.... ... ()(y CL~:.~.:,: f'~~' ~J C,: ,(.i :...._~ :--":, r-' ~_....~,.....~ ~,__,! :"_I~ '..........J l:_..i~:~~ c...\ , , ' - - -.... -I_I .20000 Future Land Use Map Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road 3.35 Land Use Zoning PIN: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 From: R/OG & RU o & C2(County) To: RLM MDR Atlas Page: 299B Ordinance No. 7205-03 ORDINANCE NO, 7383-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 7206-03; SUBSTITUTING A NEW MAP SHOWING CORRECT ZONING CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7206-03, amending the zoning for property located at 2525 Druid Road, was adopted by the City Council on December 4,2003; and WHEREAS, the Zoning Map attached to Ordinance No, 7206-03 was incorrect and it is necessary to substitute a correct map; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Zoning Map attached hereto as Exhibit A will be deemed to replace the map attached to Ordinance No. 7206-03. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7383-05 622 630 700 25 CI) 710 CI) ~ 7?O >: Q:>> 730 0 ( ~ .. ~\ , , , , L _ _ _...,' .. - .l~" ~ " , _.J--~ "":i ~ -:- " : --~I..._- --"'r -, I II I :_-_::__: !\ fi!J' J . , ? l 20332 ----_..'----, ,_.. I , , , , .............. -..-.... --, p , :20228 ~ ----C I 120258 , , ....~ , , , , - -. ,-" ~, j""" -,'"'' -, 1-"" -, ~,"-' :_ :: :: :': r': : :__: I___-":_J I___~ ,___: , ,.-- ~-l---' I--~ -- :--, I l~'-:--: i'--~ I---~, "~ ,_' : _: I~ 1 :: :: ;,: ~ " ~ : : : I _I -- ---_ ...__II_~__1 L__I___I"...._ j------- , , , ------~_I .... -1 , , , ,- -.,,-' , II I .. -I II I III I .. ,,__I 0) .... ~ Zoning Map Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size(Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2(County) 18/29/16/80353/000/0030 To: RLM & P MDR & P Atlas Page: 299B -, , , , ,- , , .. --I I I II I L._..'L.. ~ 20162 ;--M--- 11--' ,--', , p" '_.... I 'I I I 1-- , -' i -_I i-' I I I _' ,- --" -'J 1---" ,_....-:... ~~ 1""-_: I I I I I I.. I .-..... "_I 1,- _I , , ,. , , , '-' : \..i" -~.. I II .-, 1,,_I~__,_(.=_~ ;~~ ~"-:l :---~ I I' " " 1_'- 1_,__: ~___~ 20060 Congo Riuer Golf ,-" -I , -, 1_. _. ~:--: I~"~ j"~-~: ,:--: ~,.-~ ~--~ I_I~ .~--~ ~ , _1- ~ ~ '. ~~' :-. I.:, ',' _ ,_.!: - ~: ::'"j: : ~ ---11__1'1- ,__I ~'--~ :--.., I-~"~:- __.. ~--..~..--~ 'I I, I 1 I 1 1 I:,_.,-,.',-~ ',__," 1"_1 ~--_~..J 20000 (." , --------------------------------.------ 630 700 ~ CI) 710 CI) ~ 720 );;; OJ '" '" 730 0 '" '" ~ ~ " " Owner: South Gate Park. Incorporated Site: 2525 Druid Road Land Use From: R/OG & RU To: RLM MDR , , , I L.____' ..- .,.--' , ,,' , .,' ,_ - _1,__' :- - .. ~ :"".... -: : - . -~ :-... -: r .- -: :.. - -: t.. '. I' It' I '. I :__: 1____1':.....' I.._..~ '_.._: ~__~ ~...-: ~--I.. _.--, .,--, ....... ~-i---' .--: ,....-, : I ,_ : : : : ~ : ~ : ~ : : ~:. : .. ,_,-1 -~_"___" ~I_:;:-"__: ~--{--_::....r-: ~..I ,.".,i -. , ", - -. II ' I" ' ""...' ;-. "' -.., , t " I, ~-""'- -- ~--M' ---llP~--': :-.., ~:: '. -., " ,-.. ~ .... I' , .... _, I . ,..I .. j- .', ,-"'.."';, - ;- ~ 1_.. _: I 'I I I 'I I ~ _~..' "_I '..-' ,. - ~ '- , , , '.' f-\.,--~.. :ll-:~-_'-(-::-~ .. -... -" -.. ,-..-.. , II ..' I ' , " " " ,-,- 1-1__: ~..__! j-------. , , , , , , - -- - "-';"1 .- --. . -, 1- _ _' ()l~.1' CJCJ r--;';--] c\ ;~--: .~"-. .., I I ---. !.__I :_-I',~ ,__: , : I, '--..........1 ,.... :-...~...-..~ ~1.._.~ :.._I~- .-......_' ':,,_,-~:-~ Zoning Map Case: Zoning A ----_...-_....~ ,-. I , . , , , , ~.. --c : ,2025B '.......... ......- , , , , , , , , " , :.. _.... ...1 - - - --. , , , , 20162 c:. LUZ2003-08006 3.35 ~',l3-1 20332 , :20228 20060 Congo River Gulf 20000 PIN: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 o & C2(County) MDR Atlas Page: 299B Ordinance NO. 7206-03