04/07/2005
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Councilmembers
FROM:
Cyndie Goudeau, City Clerk
SUBJECT: Follow up from April 04, 2005 Work Session ~
COPIES:
William B. Horne, City Manager
DATE:
April 08, 2005
The following information is provided:
Item #6.1 City Council Minutes of March 17,2005 - will be faxed Wednesday.
Item #6.2 Special Meeting Minutes of March 08, 2005 - provided
Item 11.7 Appoint Lorelei Keif to the Library Board -Updated Item Memo provided.
Item 11.8 Reappoint Laurel Braswell and Josephine Carbone to the Neighborhood and
Affordable Housing Advisory Board - Updated Item Memo provided.
Item 12.4 Glen Oaks Stormwater Project - the plans have been placed in the Council
office for review.
Item 12.5 Appointment of Senior Center Task Force - Resumes for Agencies and City
Residents provided.
Item 12.6 Airpark Advisory Board - if additional nominees are obtained, information will be
faxed.
~[lllllrwater
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Interoffice Correspondence Sheet
From:
Mayor and Council members
Cyndie Goudeau, City Clerk -1-.P'
Bill Horne, City Manager; Garry Brumback, Assistant City Manager; Pam
Akin, City Attorney
To:
CC:
RE:
Aprilft; 2005
Revisions to 417/2005 Agenda
Date:
The following are being provided:
Revised Agenda
Item 12.5 - Appointment of Senior Center Task Force - Agenda Item and additional resume
Item 12.6 - Appointments to Airpark Advisory Board - revised item with additional
application.
Item 12.8 - Increasing Fire Plan Examiner to full-time - is being added, revised agenda
and fully processed item will be provided tomorrow. di x-ns.
Item 14.1 - Discussion of upcoming Issues, etc. item; moved from Commission Discussion
to Verbal Reports
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City Council Agenda
Date: 04/07/2005 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 Proclamation - Boys and Girls Club
5.2 Proclamation - National Volunteer Week
5.3 Long Center Foundation Update - Fred Fisher
6 Approval of Minutes
6.1 City Council - March 17, 2005
6.2 Special Meeting - March 8, 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 7391-05 on second reading, annexing certain real property whose
post office address is 1617 Sherwood Street, into the corporate limits of the City, and
redefining the boundary lines of the City to include said addition.
10.2 Adopt Ordinance 7392-05 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 adress is 1617 Sherwood Street, upon annexation into
the City of Clearwater, as Residential Low.
10.3 Adopt Ordinance 7393-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1617 Sherwood Street, upon
annexation into the City of Clerwater, as Low Medium Density Residential (LMDR).
10.4 Adopt Ordinance 7394-05 on second reading, annexing certain real property whose
post office address is 2770 SR 590, into the corporate limits of the city, and redefining
the boundary lines of the city to include said addition.
10.5 Adopt Ordinance 7395-05 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 2770 SR 590, upon annexation into the City of
Clearwater, as Residential Urban.
10.6 Adopt Ordinance 7396-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2770 SR 590, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.7 Adopt Ordinance 7397-05 on second reading, annexing certain real property whose
post office address is 3070 Gulf-to-Bay Blvd, into the corporate limits of the city, and
redefining the boundary lines of the city to include said addition.
10.8 Adopt Ordinance 7398-05 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 3070 Gulf-to-Bay Blvd., upon annexation
into the City of Clearwater, as Commercial General.
10.9 Adopt Ordinance 7399-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 3070 Gulf-to-Bay Blvd., upon
annexation into the City of Clearwater, as Commercial (C).
10.10 Adopt Ordinance 7402-05 on second reading, amending the operating budget for the
Fiscal Year ending September 30, 2005 to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Water & Sewer Fund, Stormwater Fund, Solid Waste Fund, Gas Fund,
Recycling Fund, Marine & Aviation Fund, Administrative Services Fund, General
Services Fund, Garage Fund and Central Insurance Fund.
10.11 Adopt Ordinance 7403-05 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2005, to reflect a net increase of
$12,606,403.
City Manager Reports
11 Consent Agenda
11.1 Approve correcting the wording to the Addendum to the Private Docking Permit, which
currently states "current business" but should read "current tenant".
11.2 Approve Contract No. 04139 - Florida Boating Improvement Program (FBIP) Grant
Agreement with the Florida Fish and Wildlife Conservation Commission (FWC)and
authorize the appropriate officials to execute same.
11.3 Approve Change Order #10 and ratify and confirm the City Manager's emergency
approval of purchase order #4701 with Environmental Consulting and Technology, Inc.,
of Tampa, Florida, increasing the contract by $200,000 for a new total of $569,273.85
in order to complete dewatering activities associated with the Myrtle Ave construction
project and avoid project delay, and authorize the appropriate officials to execute
same.
11.4 Approve the transfer of $52,000 from Recreation Facility Impact Fees to Capital
Improvement Project 93253, Ross Norton Recreation Complex and Extreme Sports
Park to cover increased construction costs.
11.5 Approve License Agreement with Emerald Coast Bungee, Inc. to provide entertainment
concessions at Pier 60 Park and authorize the appropriate officials to execute same.
11.6 Approve the final plat for "SANDPEARL" located on Mandalay Avenue north of San
Marco Street and south of Rockaway.
11.7 Appoint Lorelei Keif to the Library Board with the term expiring on April 30, 2009.
11.8 Reappoint Laurel Braswell, as a resident in one of the City's Revitalization Strategy
areas and Josephine Carbone as a East Clearwater resident, to the Neighborhood and
Affordable Housing Advisory Board (NAHAB) with terms expiring on April 30, 2009.
11.9 Approve a settlement in the case of P. Thanh Nguyen & T. Kim-Truc Nguyen v. City of
Clearwater in the amount of $10,000.
Purchasing
11.10 Purchase four Heil Durapack DPF-7000 side loader compaction bodies from Heil
Environmental Industries at a cost of $299,440.
12 Other items on City Manager Reports
12.1 Pass Ordinance 7381-05,on first reading, revising Appendix A, Schedule of Fees,
Rates, and Charges, Buildings and Building Regulations (related to Sec. 47.083), code
of ordinances, to charge a Refundable Permit Fee of $200.00 to holders of expired
permits.
12.2 Adopt Resolution 05-17 authorizing the refunding of the outstanding Stormwater
System Revenue Bonds, Series 1999 and authorize the appropriate officials to execute
same.
12.3 Pass on first reading Ordinance 7423-05, providing for the advance refunding of the
outstanding Gas Revenue Bonds, Series 1997 A,
12.4 Award a contract for the Glen Oaks Stormwater Management Project (02-0030-EN)to
David Nelson Construction for the sum of $7,602,219.57 which is the lowest
responsible bid recieved in accordance with the plans and specifications and authorize
the appropriate officials to execute same.
12.5 Appointment of Senior Center Task Force.
12.6 Appoint two members to the Airpark Advisory Board with the term expiring on April 30,
2009.
12.7 IAFF Union negotiations update.
12.8 To increase existing Fire Plans Examiner position from .8 to 1.0 full FTE.
13 City Attorney Reports
14 City Manager Verbal Reports
14.1 Upcoming Speciallssues/Meetings - Discussion.
15 Council Discussion Items
15.1 14 Idlewild - Jonson
16 Other Council Action
17 Adjourn
City Council
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Cover Memorandum
Tracking Number: 1,208
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7391-05 on second reading, annexing certain real property whose post office
address is 1617 Sherwood Street, 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: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:38:26
Cvndie Goudeau
03-23-2005
10:57:28
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ORDINANCE NO. 7391-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF SHERWOOD STREET AND RIDGE
AVENUE, CONSISTING OF LOT 5, BLOCK 13, OF SECOND
ADDITION TO HIGHLAND PINES SUBDIVISION, TOGETHER
WITH THE ABUTTING RIGHT-OF-WAY OF SHERWOOD
STREET, WHOSE POST OFFICE ADDRESS IS 1617
SHERWOOD STREET, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 5, Block 13 of Second Addition to Highland Pines Subdivision, according to the
Plat thereof as recorded in Plat Book 33, Page(s) 57, Public Records of Pinellas
County, together with the abutting right-of-way of Sherwood Street.
(ANX2004-11017)
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. 7391-05
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Proposed Annexation
Central Realty, Inc.
Case:
ANX2004-11017
Site:
1617 Sherwood St.
Property Size (Acres):
R.O.W. Size (Acres):
0.182
0.10
Land Use
Zoning
PIN:
11/29/15/39096/013/0050
RL (County)
R-3 (County)
To:
LMDR
Atlas Page:
2708
RL
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Tracking Number: 1,209
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7392-05 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 adress is 1617 Sherwood Street, upon annexation into the City of Clearwater, as
Residential Low.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:39:04
Cvndie Goudeau
03-23-2005
10:58:27
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ORDINANCE NO. 7392-05
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
SOUTHWEST CORNER OF SHERWOOD STREET AND RIDGE
AVENUE, CONSISTING OF LOT 5, BLOCK 13, OF SECOND
ADDITION TO HIGHLAND PINES SUBDIVISION, TOGETHER
WITH THE ABUTTING RIGHT-OF-WAY OF SHERWOOD
STREET, WHOSE POST OFFICE ADDRESS IS 1617
SHERWOOD STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 5, Block 13 of Second Addition to Highland Pines
Subdivision, according to the Plat thereof as recorded
in Plat Book 33, Page(s) 57, Public Records of Pinellas
County, together with the abutting right-of-way of
Sherwood Street. (ANX2004-11 017)
Land Use CateQorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7391-05.
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. 7392-05
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Future Land Use Map
Owners:
Central Realty, Inc.
Case:
ANX2004-11017
Site:
Property Size (Acres):
R.O.W. Size (Acres):
0.182
0.10
1617 Sherwood St.
Land Use
Zoning
PIN:
11/29/15/39096/013/0050
From:
RL (County)
R-3 (County)
To:
RL
LMDR
Atlas Page:
270B
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Tracking Number: 1,210
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7393-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 1617 Sherwood Street, upon annexation into
the City of Clerwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:39:47
Cvndie Goudeau
03-23-2005
10:59:23
__oI."I_..",""':""~i';..(*__~_''''''''''''~''*'*''''____'''I''''''''_'___-.._*~--,
ORDINANCE NO. 7393-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF SHERWOOD STREET AND RIDGE AVENUE,
CONSISTING OF LOT 5, BLOCK 13, OF SECOND ADDITION TO
HIGHLAND PINES SUBDIVISION, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF SHERWOOD STREET, WHOSE
POST OFFICE ADDRESS IS 1617 SHERWOOD STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 5, Block 13 of Second Addition to Highland Pines
Subdivision, according to the Plat thereof as recorded
in Plat Book 33, Page(s) 57, Public Records of Pinellas
County, together with the abutting right-of-way of
Sherwood Street. (ANX2004-11 017)
Zonina District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7391-05.
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. 7393-05
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Zoning Map
Owners: Central Realty, Inc. Case: ANX2004-11 017
Site: 1617 Sherwood St. Property Size (Acres): 0.182
R.O.W. Size (Acres): 0.10
Land Use Zoning
PIN: 11/29/15/39096/013/0050
From: RL (County) R-3 (County)
To: RL LMDR Atlas Page: 270B
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City Council
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10.L...l
Tracking Number: 1,211
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7394-05 on second reading, annexing certain real property whose post office
address is 2770 SR 590, 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 Hearing: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:40:31
Cvndie Goudeau
03-23-2005
11 :00:26
ORDINANCE NO. 7394-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SR 590 AND GROVE DRIVE,
CONSISTING OF LOT 30, BLOCK 2, VIRGINIA GROVE
TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS
IS 2770 SR 590, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 30, Block 2, Virginia Grove Terrace First Addition, recorded in Plat Book 37,
Page 62, Public Records of Pinellas County, Florida
(ANX2004-11 018)
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
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7394-05
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SR 590
Annexation Map
Owner Ms. Laura Dennis Case: ANX2004-11018
Site: 2770 S.R. 590 Property 0.224
Size (Acres):
Land Use Zoning
PIN: 05-29-16-94338-002-0300
From: RU (County) R-3 (County)
To: RU (City) LMDR (City) Atlas Page: 264A
City Council
._".~~~_~~end~_. CoY~r. Memorandul!!.....,.___.
C-A-~
10.5
Tracking Number: 1,212
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7395-05 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 2770 SR 590, upon annexation into the City of Clearwater, as Residential
Urban.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:41:09
Cvndie Goudeau
03-23-2005
11:01:19
ORDINANCE NO. 7395-05
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
NORTHEAST CORNER OF SR 590 AND GROVE DRIVE,
CONSISTING OF LOT 30, BLOCK 2, VIRGINIA GROVE
TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS
IS 2770 SR 590, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 30, Block 2, Virginia Grove Terrace First Addition,
recorded in Plat Book 37, Page 62, Public Records of
Pinellas County, Florida (ANX2004-11018)
Land Use Cateoorv
Residential Urban
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. 7394-05.
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. 7395-05
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SR 590
Future Land Use Map
Owner Ms. Laura Dennis Case: ANX2004-11O 18
Site: 2770 S.R. 590 Property 0.224
Size (Acres):
Land Use Zoning
PIN: 05-29-16-94338-002-0300
From: RU (County) R-3 (County)
To: RU (City) LMDR (City) Atlas Page: 264A
~.ater
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City Council
Cf\ - LQ
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__~~<~"~,,,."~9..en~~_,,f_~ve~morC!"~~~~~,_.~_.,,,,.,,,,,,,,~___,,_'" '"
Tracking Number: 1,213
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7396-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 2770 SR 590, 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 Hearinq: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005 10:41:44
Cvndie Goudeau
03-23-2005 11:02:10
"~"",>,,,,,,,,,,,,"-"""'~-~~"""""""--""'''#''~;''~''''''''-'''
~_>>____"'" ",__",__~"""''''!''''~","""I>Ioi,!>;.___,_'''''~''''*'__
ORDINANCE NO. 7396-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST
CORNER OF SR 590 AND GROVE DRIVE, CONSISTING OF LOT
30, BLOCK 2, VIRGINIA GROVE TERRACE FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 2770 SR 590, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 30, Block 2, Virginia Grove Terrace First Addition,
recorded in Plat Book 37, Page 62, Public Records of
Pinellas County, Florida (ANX2004-11018)
Zonina District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7394-05.
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. 7396-05
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SR 590
Zoning Map
Owner Ms. Laura Dennis Case: ANX2004-11018
Site: 2770 S.R. 590 Property 0.224
Size (Acres):
Land Use Zoning
PIN: 05-29-16-94338-002-0300
From: RU (County) R-3 (County)
To: RU (City) LMDR (City) Atlas Page: 264A
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City Council lO.1
.._~~~g!nda....f_~ver Memorand ~_I!'_~._",""..,.._o,,,,,.._...........",_,,_,,",,__..".,,..,,_.._
Trackinq Number: 1,214
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7397-05 on second reading, annexing certain real property whose post office
address is 3070 Gulf-to-Bay Blvd, 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: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:42:30
Cvndie Goudeau
03-23-2005
11 :03:07
ORDINANCE NO. 7397-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY CONSISTING OF AN
UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET
IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY
LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE
NORTHERN TERMINUS OF BAY STREET AND
APPROXIMATELY 170 FEET WEST OF U.S. HIGHWAY 19
NORTH, CONSISTING OF A PARCEL OF LAND LYING
BETWEEN LOTS 1-6 AND LOTS 18-23, BLOCK 3, BAYVIEW
TERRACE, WHOSE POST OFFICE ADDRESS IS 3070 GULF-
TO-BAY BOULEVARD, 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 legal description attached hereto.
(ANX2004-12020)
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 Pine lias 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
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7397-05
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Annexation Map
Case:
ANX2004-12020
Applicant: City of Clearwater
Unnamed right-of-way 16 feet in width and
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From:
To:
R-O-W Size
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N/ A (County)
Zoning
N/ A (County)
PIN:
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CG Cit
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Atlas Page:
292A
City Council
_"_,.,,_A9.-end!_~.~ver Memor!nd u !!!.,.,_...,,,"
~~- ~
0.B
Tracking Number: 1,215
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7398-05 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 3070 Gulf-to-Bay Blvd., upon annexation into the City of Clearwater, as
Commercial General.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:43: 11
Cvndie Goudeau
03-23-2005
11 :04: 13
ORDINANCE NO. 7398-05
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 CONSISTING OF
AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300
FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF
PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD,
AT THE NORTHERN TERMINUS OF BAY STREET AND
APPROXIMATELY 170 FEET WEST OF U.S. HIGHWAY 19
NORTH, CONSISTING OF A PARCEL OF LAND LYING
BETWEEN LOTS 1-6 AND LOTS 18-23, BLOCK 3, BAYVIEW
TERRACE, WHOSE POST OFFICE ADDRESS IS 3070 GULF-
TO-BAY BOULEVARD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL GENERAL 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 legal description attached hereto.
(ANX2004-12020)
Land Use CateQorv
Commercial General
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. 7397-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attomey
Ordinance No. 7398-05
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Case:
ANX2004-12020
Unnamed right-of-way 16 feet in width and
Site: 300 feet in length site. located along the R-O-W Size 0.11
north side of 3070 Gulf to Bay Boulevard (Acres) :
Land Use Zoning PIN: 16-29-16-00000-230-0200
From: N/ A (County) N/A (County)
To: CG Cit C Cit Atlas Page: 292A
C-A -~
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City Council
'.'_e~"~"~,!:!da CO~~,~..",~.,~,!!!~~~a n,!t~ m _'.'''__
ater
Tracking Number: 1,216
Actual Date: 04/07/2005
Subject I Recommendation:
Adopt Ordinance 7399-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 3070 Gulf-to-Bay Blvd., upon annexation into
the City of Clearwater, as Commercial (C).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:43:56
Cvndie Goudeau
03-23-2005
11 :05:08
Ie) .q
ORDINANCE NO. 7399-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY CONSISTING OF AN UNNAMED
RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH
ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED
AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN
TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET
WEST OF U.S. HIGHWAY 19 NORTH, CONSISTING OF A
PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18-
23, BLOCK 3, BAYVIEW LOCATED 3070 GULF-TO-BAY
BOULEVARD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL (C); 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.
(ANX2004-12020)
Zoninq District
Commercial (C)
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. 7397-05.
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. 7399-05
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Zoning Map
Applicant: City of Clearwater Case: ANX2004-12020
Unnamed right-of-way 16 feet in width and
Site: 300 feet in length site, located along the R-O-W Size 0.11
north side of 3070 Gulf to Bay Boulevard (Acres) :
Land Use Zoning PIN: 16-29-16-00000-230-0200
From: N/ A (County) N/ A (County)
To: CG (City) C (City) Atlas Page: 292A
LA- \()
City Council
"_,,,,,~g.!!ndi!",,.C~ver Memora nd ~.r!!'''_''.'''''_M___'''''''''"''-''~''"'''''-
Tracking Number: 1,217
Actual Date: 04/07/2005
Subject I Recommendation:
Adopt Ordinance 7402-05 amending the operating budget for the Fiscal Year ending September
30, 2005 to reflect increases and decreases in revenues and expenditures for the General Fund,
Special Development Fund, Special Program Fund, Water & Sewer Fund, Storm water Fund, Solid
Waste Fund, Gas Fund, Recycling Fund, Marine & Aviation Fund, Administrative Services Fund,
General Services Fund, Garage Fund and Central Insurance Fund.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review Approval
Pam Akin
03-21-2005
10:44:39
Cvndie Goudeau
03-23-2005
10:56:21
ORDINANCE NO. 7402-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2005 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
& SEWER FUND, STORMWATER FUND, SOLID WASTE
FUND, GAS FUND, RECYCLING FUND, MARINE & AVIATION
FUND, ADMINISTRATIVE SERVICES FUND, GENERAL
SERVICES FUND, GARAGE FUND AND CENTRAL
INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2005, for operating
purposes, including debt service, was adopted by Ordinance No. 7338-04; and
WHEREAS, at the First Quarter Review it was found that increases and decreases are
necessary in the total amount of $17,737,519 for revenues and $15,451,411 for expenditures;
and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 7338-04 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2004 and ending September 30, 2005 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau, City Clerk
Pamela K. Akin, City Attorney
Ordinance No. 7402-05
EXHIBIT A
2004-05 BUDGET REVENUE
First
Quarter
Original Amended
Budget Budget
2004/05 2004/05 Amendments
General Fund:
Property Taxes 38,852,560 38,852,560
Franchise Fees 7,335,000 7,335,000
Utility Taxes 10,654,730 10,654,730
Licenses, Permits & Fees 3,544,500 3,544,500
Sales Tax 6,288,410 6,288,410
Communications Services Tax 6,825,000 6,825,000
Intergovernmental Revenues 9,347,440 9,347,440
Charges for Current Services 3,745,800 3,744,170 -1,630
Fines & Forfeitures 1,611,120 1,611,120
Interest Income 429,000 429,000
Miscellaneous 547,980 547,980
Interfund ChargeslTransfers In 13,313,910 13,724,510 410,600
Transfer from Surplus 0 617,750 617,750
Total, General Fund 102,495,450 103,522,170 1,026,720
Special Revenue Funds:
Special Development Fund 15,806,680 18,645,418 2,838,738
Special Program Fund 2,171,500 5,174,201 3,002,701
Local Housing Asst Trust Fund 836,000 836,000
Utility & Other Enterprise Funds:
Water & Sewer Fund 52,116,110 52,145,630 29,520
Stormwater Utility Fund 10,274,910 10,315,810 40,900
Solid Waste Fund 16,685,300 20,251,800 3,566,500
Gas Fund 33,519,890 36,902,280 3,382,390
Recycling Fund 2,429,200 2,514,200 85,000
Marine and Aviation Fund 3,485,190 3,499,950 14,760
Parking Fund 4,902,720 4,902,720
Harborview Center Fund 2,216,370 2,216,370
Internal Service Funds:
Administrative Services Fund 8,626,270 8,637,610 11,340
General Services Fund 3,491,960 3,619,900 127,940
Garage Fund 9,475,360 9,986,370 511,010
Central Insurance Fund 18,507,870 21,607,870 3,100,000
Total, All Funds 287,040,780 304,778,299 17,737,519
62
Ordinance #7402-05
EXHIBIT A (Continued)
2004-05 BUDGET EXPENDITURES
First
Quarter
Original Amended
Budget Budget
2004/05 2004/05 Amendments
General Fund:
City Council. 291,470 291,470
City Manager's Office 807,920 832,920 25,000
City Attorney's Office 1,450,910 1,450,910
City Audit 138,470 138,470
Development & Neighborhood Svcs 3,585,750 3,585,750
Economic Development & Housing Svc 1,525,230 1,500,230 -25,000
Equity Services 412,200 412,200
Finance 2,041,390 2,041,390
Fire 17,635,380 18,102,610 467,230
Human Resources 1,182,500 1,182,500
Library 5,818,060 5,874,060 56,000
Marine & Aviation 448,580 448,580
Non-Departmental 4,668,910 5,106,650 437,740
Office of Management & Budget 310,150 310,150
Official Records & Legislative Svcs 1,178,440 1,178,440
Parks & Recreation 18,188,010 18,153,010 -35,000
Planning 1,244,650 1,244,650
Police 31,326,230 31,426,980 100,750
Public Communications 911,480 911,480
Public Works Administration 9,329,720 9,329,720
Total, General Fund 102,495,450 103,522,170 1,026,720
Special Revenue Funds:
Special Development Fund 15,224,660 18,052,660 2,828,000
Special Program Fund 2,071,500 5,074,201 3,002,701
Local Housing Asst Trust Fund 836,000 836,000
Utility & Other Enterprise Funds:
Water & Sewer Fund 52,116,110 52,145,630 29,520
Stormwater Utility Fund 9,384,600 10,156,420 771,820
Solid Waste Fund 16,251,190 19,893,860 3,642,670
Gas Fund 33,383,160 33,720,830 337,670
Recycling Fund 2,335,940 2,411,140 75,200
Marine and Aviation Fund 3,413,500 3,428,260 14,760
Parking Fund 4,208,720 4,208,720
Harborview Center Fund 2,216,370 2,216,370
Internal Service Funds:
Administrative Services Fund 8,570,380 8,581,720 11,340
General Services Fund 3,491,960 3,591,960 100,000
Garage Fund 9,475,360 9,986,370 511,010
Central Insurance Fund 17,541,250 20,641,250 3,100,000
Total, All Funds 283,016,150 298,467,561 15,451,411
63
Ordinance #7402-05
a~er
Cj\-\\
City Council IO.tl
~_,"~~~"","",~~!,di!,,~~~~!,!_,M,,~mora -:,!,d um """,",".,,,___.,,.,,,,_,,__~_,.,.,,,,,,,.,,,.,,,,__,,,,,,,,,,,,"'"''''""",,,,,,,,,,,,,,,_,,,,,,,,,,,,,,,,,,,,,.,,,,,,
Tracking Number: 1,218
Actual Date: 04/07/2005
Subject / Recommendation:
Adopt Ordinance 7403-05 on second reading, amending the Capital Improvement Budget for the
Fiscal Year ending September 30, 2005, to reflect a net increase of $12,606,403.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 03/06/2005
03/27/2005
Financial Information:
Review ADDroval
Pam Akin
03-21-2005 10:45: 14
Cvndie Goudeau
03-23-2005 10:55:22
t'i""~"_""""""""_ ,**../i<i'_''''''i''_;~:'''i'I'i''~'_''_'''
ORDINANCE NO.7 403-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30,2005, TO REFLECT A NET INCREASE OF $12,606,403
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2005 was adopted by Ordinance No. 7339-04; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7339-04 is amended to read:
Pursuant to the First Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2004 and ending September 30, 2005, a copy of which is on file with the
City Clerk, the City Council hereby adopts a First Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance #7403-05
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05
First Qtr
Original Amended
Budget Budget
2004/05 2004/05 Amendments
Police Protection 181,000 178,956 -2,044
Fire Protection 2,298,700 2,339,222 40,522
Major Street Maintenance 5,610,100 15,724,205 10,114,105
Intersections 485,000 485,000
Parking 300,000 186,348 -113,652
Miscellaneous Engineering 35,000 31 ,133 -3,867
Leisure 200,000 200,000
Park Development 2,437,500 2,596,250 158,750
Marine Facilities 330,000 323,064 -6,936
Airpark Facilities 10,000 30,000 20,000
Libraries 554,840 602,624 47,784
Garage 3,272,500 3,621,173 348,673
Maintenance of Buildings 642,400 653,878 11,478
General Public Buildings & Equipment 0
Miscellaneous 658,000 2,814,089 2,156,089
Stormwater Utility 6,294,990 5,577 ,202 -717,788
Gas System 4,670,000 4,670,000
Solid Waste 535,000 604,769 69,769
Utilities Miscellaneous 227,000 227,000
Sewer System 14,308,670 14,563,837 255,167
Water System 14,571,160 14,572,408 1,248
Recycling 225,000 252,105 27,105
TOTAL 57,646,860 70,253,263 12,606,403
65
Ordinance # 7403-05
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05
First Qtr
Original Amended
Budget Budget
2004/05 2004/05 Amendments
2,042,700 2,380,372 337,672
554,840 554,840
2,500,000 2,500,000
1,490,929 1,490,929
2,480,100 2,480,100
-6,871 -6,871
4,561,500 5,185,002 623,502
290,000 618,000 328,000
-3,867 -3,867
925,000 925,000
450,000 1,246,690 796,690
6,100 6,100
1,142,000 1,142,000
200,000 260,000 60,000
17,784 17,784
GENERAL SOURCES:
General Operating Revenue
General Revenue/County Co-op
Special Development Fund
Community Redevelopment Agency
Road Millage
Recreation Facility Impact Fee
Penny for Pinellas
Transportation Impact Fees
Development Impact Fees
Local Option Gas Tax
Grants - Other Agencies
Contractual Services
Developer's Share
Donations
Interest
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue
Parking Revenue
Harborview Revenue
Utility System:
Water Revenue
Sewer Revenue
Water Impact Fees
Water R & R
Sewer Impact Fees
Sewer R&R
Stormwater Utility
Gas Revenue
Solid Waste Revenue
Recycling Revenue
Grants
Contractor Share
Donations
225,000
310,000
100,000
1,833,730
4,796,700
250,000
1,022,770
585,000
1,068,190
1,383,410
4,685,000
425,000
90,000
2,966,160
INTERNAL SERVICE FUNDS:
Garage Fund
Administrative Services Fund
General Services Fund
Central Insurance Fund
10,000
263,000
66
239,760
310,000
100,000
14,760
1 ,855,030
4,804,919
250,000
1,022,770
585,000
1,068,190
1,337,929
4,685,000
3,931,000
90,000
5,604,327
8,632
25,000
21,300
8,219
-45,481
3,506,000
2,638,167
8,632
25,000
358,673
251,656
100,000
2,000,000
348,673
-11,344
100,000
2,000,000
Ordinance # 7403-05
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05
First Qtr
Original Amended
Budget Budget
2004/05 2004/05 Amendments
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 716,000 800,613 84,613
Penny for Pinellas Bond -623,502 -623,502
SELF-SUPPORTING FUNDS:
Lease Purchase - Parking -113,652 -113,652
Lease Purchase - Water 460,000 460,000
Lease Purchase - Sewer 38,000 38,000
Lease Purchase - Stormwater Utility 30,000 43,295 13,295
Lease Purchase - Solid Waste 110,000 179,769 69,769
Lease Purchase - Recycling 135,000 162,105 27,105
Future Bond Issue - Water & Sewer 16,093,680 16,093,680
Bond Issue - Stormwater 4,948,580 1,898,590 -3,049,990
INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 3,272,500 3,272,500
Lease Purchase - Administrative Svcs 325,000 617,900 292,900
TOTAL ALL FUNDING SOURCES: 57,646,860 70,253,263 12,606,403
67
Ordinance # 7403-05
M~-l
City Council
~~""'.,.."..,......m~~ge-:!.~.~ Cover Memor~ndum
\ I. \
~&fmater.',
u~
Tracking Number: 1,186
Actual Date: 04/07/2005
Subject I Recommendation:
Approve correcting the wording to the Addendum to the Private Docking Permit, which currently
states "current business" but should read "current tenant".
Summary:
City Council approved Resolution No. 05-07 at the January 20, 2005 Council meeting. The
resolution modified changes to the commercial and private dock permits, and included waving
the transfer fee equivalent to three year's base rent in effect at the time of a sale for current
tenants.
The wording in the private docking permit read, "No transfer fee for current businesses at this
time. The transfer fee will be readdressed at the time of the making of the new Marina Business
Plan in 2008." It should have read, "No transfer fee for current tenants etc,"
Originatina: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Bill Morris 02-28-2005 15:35:18
Cvndie Goudeau 03-23-2005 09:38:43
Brvan Ruff 02-28-2005 15:54:52
Garrv Brumback 03-22-2005 13:54:55
Bill Morris 03-01-2005 12:22:42
Bill Horne 03-22-2005 20:02:01
ADDENDUM TO PRIVATE DOCKING PERMIT
THIS FIRST ADDENDUM TO THE PRIVATE DOCKING PERMIT is made and
entered into this day of , 2005, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for
CURRENT PRIVATE DOCK PERMIT TENANTS AT THE CLEARWATER MUNICIPAL
MARINA.
WHEREAS, City wishes to make certain changes for current Private Tenants
who hold Private Dock Permits at the Clearwater Municipal Marina. The City agrees to
add the first addendum as of January 20, 2005, pursuant to the terms described herein.
NOW THEREFORE, the City agrees to the following:
1. Section 7 of the Private Docking Permit shall be added as follows:
SALE OF PRIVATE VESSEL(S) NAMED IN DOCKING PERMIT:
If the seller elects to relinquish the slip, the purchaser will, upon approval
of a docking permit application and payment of dockage fees, be issued a
private dock permit for the slip in question. A transfer fee equivalent to 3
year's base rent in effect at the time will be imposed.
Exceptions:
No transfer fee for current tenant at this time. The transfer fee will be
readdressed at the time of the makina of the new Marina Business Plan in
2008.
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Countersigned:
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Addendum to Private Docking Permit 04-07-05
~~-~
~~I___~:~d~;~;e~i~emora_ndUm__.__._~._
Tracking Number: 1,182
Actual Date: 04/07/2005
Subiect I Recommendation:
Approve Contract No. 04139 - Florida Boating Improvement Program (FBIP) Grant Agreement
with the Florida Fish and Wildlife Conservation Commission (FWC)and authorize the appropriate
officials to execute same.
Summary:
. The Florida Fish and Wildlife Conservation Commission (FWC) offers a program for funding the
cost of engineering services related to boating access facilities.
. The Marine & Aviation Department applied for and received notice of being awarded grant
funds to hire an engineering firm to do a feasibility study for the expansion of the recreational
boating portion of the Clearwater Municipal Marina.
. Engineering firm of record Wade-Trim, estimated the cost to prepare a marina master plan
and associated tasks for the redesign to be approximately $75,000. Under the terms of the
agreement, the FWC will pay the City on a cost reimbursement basis an amount not to exceed
$60,000. The City will be responsible for $15,000 in cash funds, and the remaining $1,000 in
soft, non-cash funds.
. The City portion of $15,000 will be moved from CIP 93494, Fuel Tank Replacement, to
establish a new CIP. Sufficient funds will remain to complete the Fuel tank replacement project.
. The City would like to use engineer of record firm Wade-Trim to do the feaSibility study.
A copy of the agreement is available for review in Official Records.
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
~. ~'.',,_.M~__.' '.J...I... City Council
::~
u~......,l. ""M,_.~_~!:,da Cov~r Memorandu-:!!__"___~__,__._,_,_,_,_"".",,,,_
Other Contract?
Want to use Engineer of Record
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Transfer $15,000 from CIP 93494 into a new CIP.
Current Year Cost:
$15,000.00
For Fiscal Year:
04/07/2005 to 12/31/2005
Total Cost:
$15,000.00
Not to Exceed:
$15,000.00
Review Approval
Bill Morris
Bill Horne
03-02-2005 11 :38:37
03-24-2005 08:21:21
03-07-2005 08:36:06
03-23-2005 12:08:29
03-07-2005 12:30:47
03-23-2005 15:05:57
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
~'. ~~-,J
H.d
FWC Contract No.
04139
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida
32399-1600, hereafter "COMMISSION," and the CITY OF CLEARWATER whose address is 112 South
Osceola Avenue, Clearwater, Florida 33756, hereafter "GRANTEE" to conduct a project entitled
Clearwater Municipal Marina, hereafter "Project," using funds from the Florida Boating Improvement
Program, hereafter "Program."
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth,
agree as follows:
SCOPE OF SERVICES
1. The GRANTEE shall implement its project proposal, as described in Attachment A, entitled Florida
Boating Improvement Program Grant Application No. 04-ID-002, attached hereto and made a part
hereof. All project activities must be completed during the time span provided herein for that portion
of the Agreement.
2. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement.
Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in
termination of the Agreement by the COMMISSION.
3. If applicable, all engineering must be completed by a professional engineer or architect registered in
the State of Florida. All work must meet or exceed minimum design standards and guidelines
established by all applicable local, state and federal laws.
4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project,
including any construction contract, materials purchase, engineering, master plan or force account
labor performed at any Project site.
5. The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than
four (4) feet by eight (8) feet in size, displaying the COMMISSION's official logo for launching
projects, or shall attach a permanent plaque for marine projects, or use some other manner of
acknowledgement for non-construction projects, approved by the COMMISSION, identifying the
COMMISSION as a funding source for the Project. Such acknowledgement shall be maintained for a
period of 20 years or the duration of the Agreement. Failure by the GRANTEE to maintain such
acknowledgement shall be considered a breach of the Agreement.
6. Upon completion of the project, the GRANTEE'S Project Manager, or other appropriate professional
for the GRANTEE, shall sign a Certification of Completion form, provided by the COMMISSION, that
certifies the Project was completed in accordance with the project proposal, Attachment A, and this
Agreement.
7. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of
the Project, identifying any problems that may have arisen, and actions taken to correct such
problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the
COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion
is submitted.
8. Any study or brochure produced by the GRANTEE shall be provided to the COMMISSION for
approval prior to final printing and submission for payment. Further, at least 21 days prior to printing
the COMMISSION shall review and approve all proposed publications that will be funded by this
Page 1 of 8
Agreement to ensure that environmental and boating safety issues are effectively addressed. At its
discretion, the COMMISSION may elect to have its representative inspect printed material prior to its
release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the
completion of printing of any materials so that the COMMISSION may exercise this option.
9. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be fully responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable
to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract
and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
10. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program
Administrator for review prior to soliciting for quotations or commencing any work. The
COMMISSION's Program Administrator shall have 30 working days for review. This review shall
ensure that minimum guidelines for the Project's scope of work are adhered to.
11. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in
providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
GRANTEE ELIGIBILITY
12. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required
by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon
request.
13. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to
fully perform the contract requirements and the integrity and reliability that will assure good-faith
performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S.,
and all other applicable rules and laws.
TERM OF AGREEMENT
14. This Agreement shall begin upon execution by both parties and end December 31, 2005, inclusive.
The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution
date of this Agreement nor after the termination date of the Agreement.
15. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval.
Failure to execute this Agreement shall render the award of funds null and void, and shall result in
termination of this Agreement.
COMPENSATION
16. For satisfactory completion of the Project Clearwater Municipal Marina by the GRANTEE under the
terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis
in an amount not to exceed $ 60,000.00.
PAYMENTS
17. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final
invoice, accompanied by required reports or deliverables, and after acceptance of. services and
deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within
30 days after completion of the Project. The invoice shall include the FWC Contract Number and
Page 2 of 8
..-~
the Grantee's Federal Employer Identification (FEID) Number. An original and two (2) copies of the
invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof.
18. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion
of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for
documented and verified costs. The COMMISSION will not pre-approve or disburse any Program
funds in advance. Failure to complete the Project and make final payment request to the
COMMISSION within the stipulated period shall result in termination of this Agreement. Any
funds not disbursed or expended by the end of the stipulated period are subject to the
provisions of Chapter 216.301, Florida Statutes.
19. No travel expenses are authorized under the terms of this Agreement.
20. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller
Contract Payment Requirements as shown in the Department of Financial Services, Bureau of
Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and
made a part hereof as Attachment B.
21. The COMMISSION shall have 30 working days to inspect and approve goods and services.
22. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE
prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict
any or all payment of Program funds pending correction of such deficiencies.
23. For contracts whose term extends beyond the State fiscal year in which encumbered funds were
appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual
appropriation by the Legislature.
24. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize
Federal funds for payments under this Agreement. In the event Federal funds become available for
such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be
amended to include applicable Federal Requirements.
25. Invoices, including backup documentation, shall be submitted to:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, FL 32399-1600
TERMINATION
26. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the
GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement.
27. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all
property belonging to the COMMISSION. For the purposes of this section, property belonging to the
COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the
COMMISSION.
pag e 3 of 8
TAXES
28. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on the services or goods purchased under the terms of this Agreement.
NOTICE
29. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at
the following addresses:
GRANTEE
COMMISSION
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
Phone: (727) 562-4040
Fax: (727) 562-4052
Attn: Mike Willis, Project Manager
Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850) 487-3755
Fax: (850) 488-9284
Attn: Patricia Harrell. Program Administrator
AMENDMENT OR MODIFICATION
30. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and lawfully executed by the parties.
31. The COMMISSION may at any time, by written order designated to be a Modification, make any
change in the work within the general scope of this Agreement. (e.g., specifications. schedules,
method or manner of performance, requirements, etc.). However, all Modifications are subject to
the mutual agreement of both parties as evidenced in writing. Any Modification that causes an
increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal
amendment.
RELATIONSHIP OF THE PARTIES
32. The GRANTEE shall perform as an independent agent and not as an agent, representative, or
employee of the COMMISSION.
33. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the performance of services required.
34. The parties agree that there is no conflict of interest or any other prohibited relationship between the
GRANTEE .and the COMMISSION.
INSURANCE REQUIREMENTS
35. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation
claims, or will secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this project. If any work is
subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the
GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory
to the COMMISSION, for the protection of his employees not otherwise protected.
Page 4 of 8
36. Employers who have employees who are engaged in work in Florida must use Florida rates, rules,
and classifications for those employees. In the construction industry, only corporate officers of a
corporation or any group of affiliated corporations may elect to be exempt from workers'
compensation coverage requirements. Such exemptions are limited to a maximum of three per
corporation and each exemption holder must own at least 10% of the corporation. Independent
contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and
must maintain workers' compensation insurance.
37. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
GRANTEE's officers, employees, servants and agents while acting within the scope of their
employment with the GRANTEE.
CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES
38. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to
allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this
Agreement.
RECORD KEEPING REQUIREMENTS
39. The GRANTEE shall maintain accurate books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this Agreement, in accordance with generally accepted accounting principals. The
GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to
periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled
checks and any and all similar material. Such audit may include examination and review of the
source and application of all funds whether from the state, local or federal government, private
sources or otherwise. These records shall be maintained for five (5) years following the close of this
Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor
to similarly maintain and allow access to such records for audit purposes.
LIABILITY
40. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
NON,DISCRIMINA TION
41. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
PROHIBITION OF DISCRIMINATORY VENDORS
42. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;
and may not transact business with any public entity.
Page 5 of 8
NON-ASSIGNMENT
43. This Agreement is an exclusive contract for services and may not be assigned in whole or in part
without the written approval of the COMMISSION;
PERFORMANCE AND REMEDIES
44. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
COMMISSION.
45. It is understood by the parties that remedies for damages or any other remedies provided for herein
shall be construed to be cumulative and not exclusive of any other remedy otherwise available under
law.
SEVERABILITY AND CHOICE OF VENUE
46. This Agreement has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall
be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in
Leon County, Florida.
NO THIRD PARTY RIGHTS
47. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges
or interest to any third party.
JURY TRIAL WAIVER
48. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding
brought by any party against any other party pertaining to any matter whatsoever arising out of or in
any way connected with this Agreement.
PROPERTY/EQUIPMENT
49. The GRANTEE is not authorized to use funds provided herein for the purchase of any
non-expendable equipment or personal property valued at $1,000 or more for performance under this
Agreement.
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
50. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non-
State organizations that are recipients of State financial assistance to comply with the audit
requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must
comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled
Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the
Agreement, as applicable.
51. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
state agency.
Page 6 of 8
RIGHTS IN PROPERTY. COPYRIGHTS. AND INVENTIONS
52. All items, materials or products, of any description, produced or developed by the GRANTEE on
behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the
COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as
provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any
proprietary interest in the products and materials developed under this Agreement.
53. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions
and/or processes that may result from any experimental or developmental research performed under
this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government
may reserve ultimate jurisdiction over title and right privileges.
54. Regardless of title or ownership of the products and materials developed under this Agreement, the
COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to
reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is
involved in support of this Agreement, the Federal Government shall also reserve a royalty-free,
nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental
purposes.
ENTIRE AGREEMENT
55. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the parties
hereto, unless otherwise provided herein.
(Remainder of page intentionally left blank.)
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through
their duly authorized signatories on the day and year last written below.
CITY OF CLEARWATER
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Chairman
Kenneth D. Haddad, Executive Director
Date
Date
Name (Print)
City of Clearwater
Grantee Name
112 South Osceola Avenue
Address
Clearwater. Florida 33756
City, State, and Zip Code
Federal Employer Identification Number (FEID)
Approved to form and legality:
County/Municipality Attorney
List of attachments/exhibits included as part of this Agreement:
Attachment A:
Attachment B:
Attachment C:
Exhibit 1 :
Attachment 0:
Attachment E:
FBIP Grant Application #04-ID-002
Comptroller Cost Reimbursement Requirements
Federal/Florida Single Audit Act Requirements
Funds awarded pursuant to agreement
Certification of Completion form
Monthly progress report form
Page 8 of 8
FWC Contract No. 04139
ATTACHMENT A
Florida Boating Improvement Program
Grant Application # 04 - 10 - 002
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT APPLICATION
FOR OFFTCEUSEONty
Fiscal Ye~r: 2004...2005
Granfi\.ppli~afionNuDJ.~:~f.: .
o If ..Jb ..; 00'2.
//
//
h
I L
II h
hi k
Fi ina sectIOns t at appty- eave a ot er sectIOns an
I - APPLICANT INFORMATION
County/Municipality Name: Federal Emolovment Id. No.: 59-6000289
Pinellas/City of Clearwater Telephone No.: Fax No.: Suncom No.:
Applicant Name: (727)562-4040 (727)562-4052
William B..Horne, II
Applicant Title: e-mail
City Manager William.Horne@myclearwater.com
Applicant Mailing Address: City: Zip Code:
112 So. Osceola Ave. Clearwater, FI 33756
Project Manager Name: Title:
Mike Willis Marine Operations Supervisor
michael. willis@myclearwater.com
II - PROJECT LOCA nON Latitude: N 27 058 '34N .. Longitude: W 82 049 ' 48W ..
Facility Name: County: Waterbody:
Clearwater Municipal Marina Pinellas Clearwater Harbor
District Numbers
US Congress: 10 State House: 54 State Senate: 13 County Commission: 4
Facility Street Address or Location:
City of Clearwater Marine & A via ion Dept., 25 Causeway Blvd., Clw., FI 33767 at the end of State Road 60, across from the Gulf of Mexico in
Clearwater Harbor
III - PROJECT SUMMARY
Type of Application: I:8INew (never considered before) o Reconsideration o Phased Continuation- Phase No.:
I
TIER-I I TIER-II
0 1- Recreational Channel Marking 0 1- Boat Ramps
Type of Proj ect: 0 II- Public Launching Facilities 0 II- Piers and Docks
o III- Aquatic Plant Control 0 III- Boater Education
I 181 IV-Other Local Boating Related Activities 0 IV-Economic Development Initiatives
Project Description:
This project involves planning, designing, engineering, permitting and development of plans to remodel the recreational boat docks
at the Clearwater Municipal Marina. The first stage of the project will be securing an engineering design company to do an
expansion feasibility study. The second stage will be the installation of new docks with as much in house labor and equipment as
possible as our match. The expansion will address local boater needs, as well as visiting transient guests from other counties,
especially on holiday weekends and special events like the Clearwater Jazz Festival.
Iffunded, the FBIP grant will be utilized to provide additional boat storage (boating access facilities) for recreational boaters.
Moreover, the project does not conflict with natural resource protection.
FWC/DLE-252 (05/04)
IV - GENERAL FACILITY INFORMATION
Type of Facility: Upland Ownership:
o Primitive ~Public- Fee Simple
o Small (I lane ramp) o Public - Lease
o Medium (2 lane ramp) o Number of Years Remaining in Lease
o Large Regional (3+ lane ramp) Name of Owner
~ Tie-up/Ovemight/Moorage/Marina City of Clearwater
o Other:
Is this facility open to the general public? 181 Yes DNo
Estimate Percent (%) Use of Launching Facility: N/ A Motorboats/Sailboats N/A Non-Motorboats
Day Use, Parking or Launch Fee Amount: $0.00 Tie-up/Overnight Moorage: $1.50
,
Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a lO-mile radius.
Name Distance Name Distance
1 Sea Captain Motel - private 60' 6 Clearwater Yacht Club - private 1100yds
2 Port Vue Motel - private 20' 7 Sea Stone Resort Motel - private 900 yds
3 Barefoot Bay Marina - private 150 yds 8 High & Dry Marina - private/selling to condo dev. 600 yds
4 Island Yacht Club - private 400 yds 9 Clearwater Bay Marina - private/selling to condo dev. 2 miles
5 Carlouel Yacht Club - private 1 mi. 1500' 10 Seminole Boat Ramp - public launch 2 miles
v - FACILITY COMPONENTS AND USE - EXISTING CONDITIONS
Number of Launch Lanes: N/ A h . 20~4,36 Ft
Lengt of Boardmg Docks: &48
Type of Ramp: o Asphalt o Concrete DOther Type of Dock: o Wood o Aluminum I8J Other
Condition: o Poor o Avera2e DGood Condition: o Poor o Average I8JGood
Number of Boat Trailer Parking Spaces: N/A Length of Tie-up Dock or Moorage: ~is4,36, Ft or 211 Slips
Type of Parking: 0 Asphalt D Concrete DOther Type: I8J Slip o Broadside
Condition: o Poor o Average DGood Condition: D Poor o Average I8JGood
Other Facility Attributes:
Pump out or Dump Station: 181 Yes DNo
Restroom: 181 Yes DNo
FWCIDLE-252 (05/04)
2
VI - PROJECT NEED
List Primary Need for Project:
o Safety
~ High Demand by Users
o Recommended by FWC Staff
t8I Lack ofIn-house Capability
DAge-end of Useful Life
o Environmental Needs of the Area
o Other:
Known Public Support: (Name)
~ Adjacent Land Owners Sea Captain Motel, Port Vue Motel
181 Users Groups Recreational boaters
o Neighborhood Assoc.
o Local/State/Federal Government
o Legislature
o Other
Known Public Opposition: (Name)
o Adjacent Land Owners
o Users Groups
o Neighborhood Assoc.
o LocaVStatelFederal Government
o Legislature
o Other
VII - PROJECT ENGINEERING AND CONSTRUCTION
Who is or will be completing project design/engineering? Level of engineering completed at time of application:
o Applicant Own Staff 181 None
~ Consulting Engineers o Conceptual (Master Plan Phase)
o Nt A (Materials or Equipment Purchase) o Preliminary
o Other: o Final (Ready to Bid)
Has a preliminary or final engineer's cost estimate been developed for this project at time of application?
~Yes DNo
If yes, please attach a copy of detailed engineers cost estimate to application.
Preferred period of construction (based on user activity, weather and water level):
o Winter o Spring o Summer t8I Fall o Anytime of the Year
FWC/DLE-252 (05/04)
3
I: VIII - PROJECT COST - SOFT (NON CASH) FUNDS (TIER-I)
!i
ii-- I
Ji Cost Item Project Type Applicant TOTAL
II
:1 Channel Marking $ $ $
II I Public Launching $
i, $ $
Ii Administration I
II I Aquatic Plant Control $ $ $
:/ Other Boating Activities $1,000.00 1$ $1,000.00
Channel Marking $ ,$ $
In-kind Engineering/ I
Construction I Public Launching $ $ $
Management I Aquatic Plant Control $ $ $
I Other Boating Activities $ $ $
Channel Marking i$ $ $
I
Public Launching 1$ $ $
In-kind Labor $
Aquatic Plant Control 1$ $
I Other Boating Activities I $ I
1$ $
Channel Marking i$ 1$ $
I I
Public Launching $ 1$ $
In-kind Materials 1$
Aquatic Plant Control $ $
I $
Other Boating Activities I $ 1$
I $ 1$ $
Channel Marking
IPublic Launching $ $ $
In-kind Equipment $ $
Aquatic Plant Control $
Oth er Boating Activities $ $ $
l Total Soft Funds (Tier-I) $1,000.00 1$
i IX - PROJECT COST - HARD (CASH) FUNDS (TIER-I)
~
I
r
I Planning/Engineering
,
I
I
I
!
I
I
I
,
I
i Implementing/Construction
Cost Item
Project Type
Applicant
Channel Marking
!$
I
Public Launching
i$
Engineering Feasibility study
Aquatic Plant Control I $
,
I Other Boating Activities $
I
I Channel Marking $
I Public Launching $
I
i Aquatic Plant Control $
I
! Other Boating Activities $
$
$
i Channel Marking
. Other
iPublic Launching
iAquatic Plant Control $
I Other Boating Activities $ 15,000.00
Total Hard Funds (Tier-I) $ 15,000.00
jOther (List in Sec. XII~
1$ j $
i I
$ ! $
I
,
$ I $
$ I $ 60,000.00
I
$ I $
I
$ I $
$ I $
I
$ i $
!
$ ! $
I
$ I $
$
$
$
FBIP Grant
TOTAL
~!
)
Ii
I
I
Ii
,
'I
,
Ii
II
I
II
II
II
II
f
I
I,
,I
II
II
II
,I
I
'I
I
i
I
I
II
II
'j
I,
;1
i!
'I
Ii
I'
II
ii
Ii
Ii
i'
Ii
'I
Ii
i:
Ii
Ii
:i
"
i:
!I
,
TOTAL FUNDS TIER- I $ 16,000.00 $ $ 60,000.00 $ 76,000.00
FWC/DLE-252 (05/04)
4
~$
1$
I $ 60,000.00
i$
i
1$
I
1$
1$
i$
I
$
$
[$
i $ 60,000.00
1$
i
'$15,000.00
! $ 75,000.00
~ x - PROJECT COST - SOFT (NON CASH) FUNDS (TIER-II)
f~~'1
II Cost Item
Ii
I'
,/
II Administration
II
Ii
I'
,I
I!
Ii
il
Ii
il
Ii
,I
II
II In-kind Labor
!'
'I
I
I
I In-kind Materials
I
I
i
Ii
II
I In-kind Equipment
II
I
I
[I Total Soft Funds (Tier-II) I $
[XI - PROJECT COST - HARD (CASH) FUNDS (TIER-II)
I I
! Cost Item Project Type I Applicant
I
,
In-kind Engineering/
Construction
Management
II Planning/Engineering
II
Ii
I
I
! Implementing/Construction
I
!
ii
Other
i:
!'
Project Type
Boat Ramps
i Piers and Docks
I
i Boater Education
I Economic Development
I Boat Ramps
I
I Piers and Docks
Boater Education
I Economic Development
Boat Ramps
I Piers and Docks
$
Economic Development $
$
Boater Education
i
Boat Ramps
Piers and Docks
Boater Education
Economic Development
I
Boat Ramps
i Piers and Docks
Boater Education
$
I Economic Development I $
I
I Boat Ramps
Piers and Docks
Boater Education
I . I 1$
I Economic Deve opment ;
I Boat Ramps
i
,Piers and Docks
I Boater Education
! Economic Development
I
! Boat Ramps
!
,
I Piers and Docks
1$
I
;$
: Economic Development : $
! Boater Education
Total Hard Funds (Tier-II)
iL-
Applicant
$
$
$
$
$
$
$
$
!$
1$
1$
! $
$
1$
1$
$
I
i$
I
1$
:
1$
,
1$
i$
$
1$
I
i$
i
I
i$
I
1$
$
$
I
'$
$
$
i
1$
$
$
$
$
$
$
i$
1$
1$
1$
1$
I
1$
1$
I
!Other (List in Sec. XII~
$ i $
I
I
1$
FBIP Grant
I
I
1$
I
I
1$
I:
1$
,
TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
I
"
I
I
II
I
il
1/
[I
,I
I
'I
:1
I
I
II
I'
II
If
Ii
I
Ii
,I
I
II
if
II
"
II
Ii
Ii
;[
II
Ii
Ii
II
II
Ii
ii
I!
:$
1$
I
:$
1$
'$
I
i$
1$
1$
i$
i$
I
i$
I
1$
TOTAL
----j!
"
II
TOTAL FUNDS TIER-II 1$
FWC/DLE-252 (05/04)
$
I
!$
,
'$
I
i$
i$
I
1$
1$
i$
I
1$
:$
1$
1$
I
I
i$
,
i$
1$
I
i$
i
$
$
,$
I
1$
1$
1$
5
II
J XII - OTHER SOURCE OF FUNDS (STATUS)
o Federal o State/Local DLoan
Grant Name: Agency:
Approval Status: o Approved o Pending DIntend to Apply, Date:
"
o Federal o State/Local o Loan
Grant Name: Agency:
Approval Status: o Approved o Pending Dlntend to Apply, Date:
o Federal o State/Local DLoan
Grant Name: Agency:
Approval Status: o Approved o Pending DIntend to Apply, Date:
OF ederal o State/LocaI DLoan
Grant Name: Agency:
"Approval Status: o Approved o Pending DIntend to Apply, Date: I
XIII - PERMIT STATUS Note: Construction Projects Only. Submitted Approved
Florida Department of Environmental Protection? 0 0
U.S. Army Corps of Engineers 0 0
Local and Others (If needed): Not applicable, planning stage 0 0
I XIV- ENVIRONMENTAL ASSESSMENT
Indicate how the project may significantly or adversely affect the environment, explain key issues and describe any mitigation actions
proposed.
This project will not adversely affect the environment.
We recently completed a maintenance dredge of the harbor and determined location of any sea grass beds. These will be avoided
in planning future expansion.
FWCIDLE-252 (05104)
6
xv - REQUIRED APPLICATION A TT ACHMENTS CHECK LIST
181 I. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and
administer the grant on behalf of the applicant.
181 2. Boundary map of the project area. The map must provide a description and sketch of the project area boundaries, displayin
known easements, and legally sufficient to identify the program area.
181 3. Site control documentation (e.g. deed, lease, results of title search, etc ... ) for the project site. If the Applicant is applying (
behalf of another public entity, then a Memorandum Of Understanding between the Applicant and the public entitymust
also
181 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area.
181 5. Aerial Photographs marked with the approximate boundaries of the project site.
181 6. If applicable, an 8.5"xl 1 II photocopy (project site vicinity only) of a current NOAA North American Datum 83 nautical
chart (provide the NOAA chart name and number) indicating the precise location of the project site. NOAA charts may be
obtained from: Distribution Branch (N/CG33), NOAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale.
Maryland 20737.
D 7. Photocopies of necessary project permit(s) or permit application(s).
181 8. Detailed Cost Estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate.
D 9. Preliminary Design/Engineering Plans (if completed).
l8I 10. Application transmittal cover letter (Identify priority rank with multiple applications).
181 1 1. One (1) original application.
181 12. Five (5) copies of the application.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the
application. and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess
the authority including the necessary requisite property interests to undertake the proposed activities.
I also certify that the Applicants governing body is aware of and has authorized the Project Manager as the official representative of the
Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required.
By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and
resulting project so approved.
~, B. Horne, II
Pri e Name
"Pa.. fl~~'
~___~~ -rr
---- ~
City Manager
Title
Applicant Signature
8-11--D+
Date
STATE OF FLORIDA, COUNTY OF ( ItAII:/~
Personally appeared before me this t;? 7 day of ILJ I..J I
the above mstrument in ~c~. V/2'
Notary Public Name: A ftVY\R.- :A'1
I 0
)
,2001, {J,lfu,""*1 l> ~HU)
NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the
Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife
Conservation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487-3755.
FWCIDLE-252 (05/04)
7
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I
RESOLUTION NO. 04-22
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE MARINE & AVIATION
DEPARTMENT AS PROJECT MANAGER TO APPLY FOR
AND ADMINISTER THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) FLORIDA
BOATING IMPROVEMENT PROGRAM GRANT ON
BEHALF OF THE CITY OF CLEARWATER, THE
GOVERNING BODY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a requirement of the FWC to apply for their Florida Boating
Improvement Program grant includes the City of Clearwater as the Governing Body,
adopting a resolution authorizing the Project Manager to apply for and administer the
grant on their behalf; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing the
Marine & Aviation Project Manager to apply for and administer the FWC Florida Boating
Improvement Program grant on behalf of the City of Clearwater, the Governing Body.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th
day of Allgll!';t
,2004.
Bnajf~
Mayor
-
.~
Bry . RLi
Ass;' tant City Attorne
1 hereby certify that this is a. true and
. f th~ original as It appears
correct Cllp~ Of h~ City of Clearwater.
In the fileSyohlltD~ and official seal of
Witness m
the City of Clearw ter. 20.JZJ
T~~dayof. ~ .
Attest:
Resolution No. 04-22
(16)
Q
in h equals 200 feet
..........
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PIER 60 DR
5
7
CAUSEWA Y BL VD
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12 I
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c~~ SEAWALL
WA TER LOT 1
(14)
10
GOVT LOT 3
GOVT LOT 4
~
~arwater
-~
u~
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
. .,'
" "
'L~GAL bcmuMEN~1
- hc'7" 'N IN FILE. - DO NOT, DIS(;J\J:r
... .. -- ... -
ufJ ~.SS'
)R DES TR 0 Y . . . '_ "
'., .~ -~.'. " (2/1/77)'
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CI T'Y,
OF
C.L E, A "R t\T'A TEn
POS'T O",.ICE BOX',.,.;,
C LeA R W ATE R, F LOR' DA 335 I 8
or TIC<< 0'
C"T'AnO~ItC,!,
.TO'.WHOM IT }<..fA Y. CONCERN:
. ." .
The City of Clearwat.er would cert:fy that it bas a f~~:.siriiple title,
and' property known as .Water lotI, City Park SubdivisIon, platted to the.
, pu.blic October lO, 1939. Plat 'Book 23,' Page 37 of tbe Public Reco'rds 0[.'
Pin elIa s ~ounty.F~or Ida ~ . .
.." . .
.. ...
The followIng inforinationis reliecl on inmakiD~ this. certific~tio~:'
. .
.. .. .
I.A statem'ent olth'ecbain oltille as .to governme:nt
iot 3,' in'Section 8. Townsbip 2,9 S. Range 15 E. . .
provided by' tbe. Cbels'ea Title it Guarantee. Cornpa~y'
. o'n Apri~. l~~ J~7~... ,,: '.' .__
, , 2; . ,A' re';'i~.i,' or tb~. 'gril1t:e~( g~~~'tor' iild:e~~~"of.'th~ p'ubllc
'r'ecords' .~I P.inelIasC.o\intyo 'Florida 'fro~ 1917. to 1977. .
, . '.:."< ..,.. '. CHANCERY' ORDERS CCO)..., '.
".3.'. " The.. lined decree" o!.v~l~da~i'orv'ciated and';fi1e~Oc~ob~,r'..
5_1950. a'~d r'e.::orded l.n oa:41 R."~e-... doS Book ~ '.
',pa'ge~, ;Public Re'cords.o! ?inellas:_Co'unty;.Florida~
.' wherein ,it is roUnd: by the co'urt "that .the City. oi . '. ..
. 'Cle'arW'ater now 'owns, . operates and maiJltain's tbe. iand.
pl'e~ises'a'ndwa~er righ~s in saId city knoWn as,~:.
w~ter lot ~o(th.e. city park di:vision.-.. .'Ii... .
..,.. .,.., :.. ':. .. CHANCERY ORDERS .(CO) "
4. Alina1 de'cJ:'ee olva~i~ati.o~ ~atedhnd 'filed; Octobe:r'
18, 1951 andrecorded'lD OlIl~~t~ eZ6s B~ok .259.
page 498, Public Records of Pinella's County. Flo~ida.,
wherein' it 1's fOlJ.'nd by the cour~ "tbat tbe City of Clear-
water. now ownsth.e Jand, premises and water rights in
said city known as water lot 1 of the city park sub-
d i vi s i on '. . . . It. .
Very truly yours..
l~~~
Marybe Lavalle e
As sI5 tant City Attorn ey
ML:jj
II C' - .. c _ _ , _ .'.; . _.. _ _ J }. I': r __ _ . : _. . A... : _ _ t:' _ _ 1_ .. _ _ ..
. !i:,ffl1ELSfJi TL.. y- ~ GU~\RANTY cO:~1rANY
. /"..
, :~'l' !O. C~.J1.,,' !of,.., g CI..,....ln, Fror:J.' ,))516 u r:ut ~l--6J2S
,.". O. D.r JofStI Clh......,'.... FI.o,;di JJS 17
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, ..
, 'tJ& I:~SS
'Ant-illa.; 1974
Herbert N. Drolm
. Ci t-y A ttorncy. .
P. O. Box 47/~8
Cleal\"a.tcl", Floridn,
RE: ~tr tile #2~,74~
C:i: t.~, Pal' k Siw div:i s.i an
Dear Sir:
The' follo~dnrr is the Chain of. Ti"t~e .as to. G~ve~en:t Lo-t .3. :in .Se'cTion
8, Township 29S,Ran~e~SE:...:,
Deeds' V~l -. !.JaB .Uni-ted.' Stcrtes Rece.:i:ver "to E'ntest C.' TCl-te
Da1:ed.~-~4:-:-.~S97 Fi~ed2-9-1S.97.
Patents X-J.SO
, :: Htges I-l
. '.
Chancery.~.: 21
De.cree :"E" .' "
Chancery .:. 22
Decree . I1ElT
,uniil?d St~-t-e~ of Americ'ato.Erilcsr. Xci'fe
: Datetl 1~-:2~1897..' Filed "6';'2~-lS97 ..
J~lr ~ne:St' 'C.:Ta1:.eand.l,,'.:ife 'to Charles' L. . Jones and Gor":on
Keller i... ccrnprisiilg fiJ.'m. of Jones and .Keller '. .
.na'te~ 4-~8-lS~S' . Tiled 11-18-1.S'98. -'
, -,
. . ~. .
Jones and l(e~'ler 'VS_' El.--n:?ST- . c. , Titte~nd . Le.ola . T:1-te ~ his. . ,
. ;'. ~.i:fe . }J1:g; fo~cJ;.o$ure' ~: Ntg I':"'J.
:.Dated2-~~':"J.8g~...' rUecl.2-22-1.89'9 ..
,.'..,.. '; :.. '..;..:..~~..J:.,.' ';-:. .
. . .Jo~es and.'l{elle,rVS~rrnes~ :C~ :' Xa~e': aild Leoia:r~-re Ms.' ~
'w1feo- .' .". .' :. -, :' ....., '.' . :' .' I'.
.~ .. Dated: 4..:.~-ia~j'9 . Flied ~t-~lS9!).
lJaeds H-2- 1170-.Ca~1.os ti'~ St~vens~:spee:ta2'H<1s-t~:L"i:n'Chancexy TO. C'.::L..
. Jones and Gordon ;Celler ."
Dated ~3-~S99' "Filed 4-25-1S99..
Hilstar 0: - J.7
Sh:E:f.D. 1
Deeds 7-150
Deeds 32-15
.
. .,
DeccJs 18.;.31B
.. " . - .. '.' '. ..
Carlos '[~. . STeVens, Specia2 }jaster.. .in. C}1ance2y' ~o
Ch.arlcs .L_" .:Jones ;rr-..d Gordon .Keller
Dated 5'-~3..:..).902' Filed 5-19:-1S02
GprClon Keller ondldre to N. S'. . DouTon anc1 L..o::rv:i IT. ~1=lone
Datetl 5-26-1902 Fil~d 5-26-1902... undivided ~.7iT.'tercst
Ntrth,m:iel S. '])out.on und '-:iie <md L?Vi H. 1-1a1on<2 2nd ldfc
to John R. P::t.....ey; Jacob T. TIannctr 0( 'X. lIcmr,}' J1s)ili~ry
Dated .1.J-D-l905' Filed 4-.l~-1905 .,_
c. L".. Jonc~ M<l t-Ji.fe. to 'John R. n.......'.y., J .,. T\ 04-
....".'" . '. ~. .1.lC?nneLI..
8.: :r. H. Ashb\Il'Y .'
Dllt~d 11-21~-1003 Fi~t!d 12-11-1~03 undivided?i. in1:'ercst
. (con't. O)11)L1~Q'.2).
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Db,J3SS
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'TITLE & GUARAI~T.Y COMPANY
---....
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Herbert H., Drown
r.,:':'lS-7/J,
Page 2
,Deeds 32-19
. ,
John R. Davey & 'die; .Jacob T. BenJlt~-tt ~ wift:?
" imd. T. JJ;<:21ry 1\5hbtll~y &: wiic- to l\ust in KirnbaU
tllldi.vided 1/5 illter~st '
lJa-te4 11-2rl-19.03 Filed 12'-l~~J:9rJJ'
,.DQ~ds 32-20
, ,
. J'Orn1 R-.: Davey &. '~ife" Jacob X. Bennett &: 'wife
.' and ,T. H~n1jIAshl::ul"Y &: '...,ire to' 5. ,P. Kcrl."
, ,undiv;[dc<<l 1/5 interest ' ' "
'.Dated [~~2.9-190S. Filed, 5-tr-~905
'C'orcign - 2'14-, '
t,,;U l.~ "D"
.' . .' . . .
TJast- r~i'i.l ,am1 Test <ynent of to Jacob 1\,Eenn'ctt.
:,'dec"d... '.."
D~ted 6-27-1S9SFiled.l~~?~1908
i'I;;'s. . Jacob T'-"B~,....nett to: D,,':'id T'~' Hatl~ck' . . .
Dated. (t'..,..~lJ.-1911' :' F::rled' 'S'-2-,l911uildiV'ided 'V5 _
, ..
, ,
, Deed's'l17 -lli
ForCi~- lJ.!)5
Will.s' I~C" "
, .
~Sf:' l'!i~i': ami" 'Tcstan~e)~t of: Tho ~cis' 'HenLY", Jls]~"~t'y'
,de'o'd. ,',',' ': " " , ',' I
, Date4 .:5':"'2~-.l9al~ .:, ;~.iied 2~11~~190i
Deeds llr~..,li~E:'
.. .' - . . . . . -
}r~X'ry E~' oASJlhLiry;. ~Jcli-y E~' Ashbu:y', &:' Chilt'les' ('.'il.l.i~
. . 'AsJ:;bury a~ Trustt:!es urider l~s't t'.'i~l &.Testa.01ent of
. ,,1'. 'Henry-. Asitbury~ cJt!ca'a'sed' to Tn'CO:as S. Gla~din"'" ,".'
. .. '. . . .. J. . .'
",Dared 5~~O.;.1909 " " " 'Fi~ed ,U.-lS-1911 ' .
.' ,
": "Lcl~t l~i.1i and ia~~.unent '-o.f john R. DilV~Y. .De 0 ; d,.' . .
Dated, 5-23-1~OG " .', '.Fil:ad '3-2S':"1912 ,'.
pcndd T.' HOltlack oS: wif~ Belle' l:~l:'r Hatlack' and .~:'l:rn~'
F. Kcr~J \,ridO\>I to, Cleill"/a'tC!r Island Bridge CC:7JP'l;'lY,.
Dated 3-20-1917' FiJ.ed 3-26-1917 "
VerY,'tl"uY 'yours,
ij411s 1-6'0
,0 Deeds 17-260'
, 'CHELSEA' TITT..E & .GUl\r,MilY .ca:.jP.~NY
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G~org~ R. Sho~C!ll)
AssiSTant TiLle Olfice~
C1ear\\'atet" Office
GRS~hh
)
"',D~-) sss.
co 2[,9 PAGE 4tJd
3~ ~(/? r:J4..'
. -'.-
- - - - - - - - - - '- - -. ~
IN THE CIRCUIT COURT Op. THE SIXTH
JUDICIAL, CIRCUI .
AND FORPINELLA, C"L~BA
. ^ CITY' OF CLEARWATER, FLORIDA
.
.
. ccr .18 jgSj
.
.
~U/A~~' R....-. .
'. ~L.-~ ""Tr,. ORo'
. '. .u~-_.~v-
~ Cltrt
Pet! tioDer..
. ':
vs
THE STATE OF FLORIDA, and others
.-
..
,FINAL D
'01" VALIDATION
- .. ,"- - - - - - -.
Defendants'
.. .
. :
'This cause having. coma. on. to be heard upon thePetl tIoo'
.tor Va11da.t10n .tiled bi the'Peti t'ion~r ~D the'
25th
day' o.t .
'.September: ", '" :
'.. 'i951.. .t'h~.. ?!der to::sher.. Cau.se' is.slis'd by this..
court on: Sep1i$mber' 21.. 1951.. arid: tbe. Answer' illad. b7 th~ state' '.:
i.. A. tt~roe! o~.t~e sixth. .rUd1l:1~1'(j;1~C~~,. or li'lor.1~~... in .~Dd' :for Pinellu'
: .C~Un~7'~ OD.'''''tbe'. 27th:da~' Of,.~ePt~~bei-~'~?-51~ ~D~ 'the ~o~.t: haylng ;~OD-,
. sldered' 'sdd. Petition and, .the. exhJ.b'1ta"a~tached' 'thereto... the Answer'
. . . .
. o.t the. state .A~to'rney and .:.~~1 :.~~~den.ce... -:d ma,~ter~ of .record prs":. '
: . sented herein.. bereby..t1nda. 'as :toIIOWll': ,: '. :. ..... . .. '.
. '. ~ "." '. '. .' .' .':. '. . ".:' .
" " .'FIBST:. .'T~'t.a 'C'o.P7 .~r ~tbe ,P:~:t;;1tion.b~reln:.and' a' c~py 'ot"'
.. . ...... '. '. .
the order to Show Cause abov,ere~erred to' yere';served- upon' 'the. state. .
Attorney in .and for t~eS1xth J~d1c1a1 C;1rcuit or p,lor1da.not leslI,
, . .
than' eighteen day.s prior t~ Oc~ober1B'~, 1.951.. the, date 'fixed b7
said Order ~or the hearing In this' cause~ LCdaaid Order In the form
,or a.'lfotice was' PUblished by th8 C1erk or. this COl.\rt 'iD tho
Clearwat'ersun a ll)gall)'quall~ied newspaper pub1.ishe~ Intbe City 'of
Clearwater, Florida, on .
September 28, 1951~
Cctober5, 1951, and. October 12, 1951.
SECOND: That Potitioner, the City or Clearwater, ia t
,nmnlolpal corpora.tio1;l s1tuateHln'P1nella~ County, Fl~r1dll, I.lldh
gOTerned by .Q ~gl~latiT&Charter, ~jng ~hapter 9710, Spoolsl Acts
of Florida ot 192.3, and acta am.onda.1;o17thereot Iii:1d supplem.ental
'"
CO' 2~'9~4~99~"----
bP13SS,
thereto.
THIRD.: That the: CitY' Or'.CI.earwaternow owns the land,
premises and' water rlgbtsin S dd 01 ty..krtown as Land Lot 2, . the West
one-halrot Land Lot 5., all, or Land Lots 7 to 13-,' inclusive, and Water
Lot I o.ftha Ci ty . Park Su1?d1v1s10ri,. Ciear.ater Beach ISland, ,Clearwater"
'Florida ("hloh 'ad (f- land, premIses ,arid water ri ght's, toge thar wi th the
'.1mprovement~.co,nstru.cted. and to be.: 0 onstrocted the~e.on~': 1ncluding t~
, . '
Commercial Recre.atlonalBuj,ld1ng and..a.pier hero'inatter re,1'erred'to"
are here1na:tter rei.:terred to, as. "Projectn}, ,and th~t ,the revenu~s
derived and: to- be derj:ved. t,rom the .1'e~s; remta"ls. and other charges
.for 1;he use and'occupancy 01' ~a1d ProJect,' '0.1' pa.r~8.thereot'".'are not,
pledged or. encl.1l:i1bered'1n an;r mAnZler.'
:>:FOtIRT1H . That .the cOZlstructiqn'" improverneZltand, equ1pmEil.nt..
,or. the 'conimerda1.andRecreat1~nal-1Ju11~:Lng'. and, a :P1er'(he.reiJiat't~~ ,.....
called "Yacht 'Basi'~Facil1t,1&si'l "'1th.1n..t;.b~: ar.e~ o.:t"tbe ProJ~c1i~'I8:...
-1mperative '1,n 'order to~ 'pr.ase~v~. t~e PUblic jleaith., sa.:t~ty ~nd.' Wel.~. ':'
. . .
,
" .
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. '.
'. rare'b1' the 01t1z~iis" ancl1nhab!t'~t3- (;)1"' S"81d City. and '1.1;. '1s es~ent1ai",.,
. '.: . ", '.. '. . '. .' ". - .
to '.the'physical aDd' e.~onomic wel~ue "or.'-aald C11:7 :~d' the' Cltl~ens
".. .'
. '..arid'inhabitants.thereot' that ,saI.Ii .Yacht '.Biu1D' FacIi1t~es .'be :cons'truc_. .- . .'. '
'. .
. , .
: . .,.;. .'te.d,. imp.roved alid. equ;1~pe.d.aB . pro~~ded.1D the ,ord1nanc~'. ot'.. 'the.
.. '. ... . ~ .."......
Comndssion' 01" .tJ:le' C1t,... cit'C~ea:r.ater hereIlia.:rter ret'erre.d to~
City.- ,
.,
. ~. .
. FIFTH: Tha1;.the .EJ~timated :re~enue80t' 'said Project.will.
. ", . \. .. . . '. . . . " .
'be. s\l1'1'lclc;mt 1~ 'each, !'iseal 'Y'earto pa,..:the prIncipal 01' and inter- : .
est tiii. the Yacht Basin Revenue (rert1t';1cates here1na.:rter. de~orlbed"
the expenses o1'operati.ori and maintenance or saId Project .and 1'0.1'
. '. :
thepaYIIJ.ent of r.eserve and' other 1'undsprov1ded' ror 1n t he Ordinance
authorlz1ngthe issuance Or,said Certl:flcates hereina:tterre:ferred,
.to.
SIXTH: That authorIty is cOIi.:Cerreduponthe City or
-2-
co 259' 500',
,
J
DP .
',..,' ','l~S~
".'-"
Clearwater bY' th$ Constitution and statut"s or the State or Florld&,
, ,
, including, the .2toresrld Charter of aua City: to construct~ improve,
, ,
and equip. said Yacht Basin' Facilities wi thiri the area or 'the Proj';ct
" '
as- provided in the OTdln~ce adopted b7 the, CitY' Coimnissiono.t the
City bi ,Clearwater 'on SePtembe~.lOJ ~951, attached to the Petition
,herein' a.s Exhibi.t A~ ,and that said Ordinance constitutes' valid and
legal. authority, t~r the' Construction,; ,imp:-ovei!1Emt ' ~d' equipnent o.t,
, ,
, .
said Yacht Basin, tac!lities~ , '
, ,
SEVENni:, Th.;,t authorlt:r is conferred ,:!pon ,the City,o.t Clear-", '
,'Water by the Constitution and, ~tatutes o.t the State ot. FJ:orlda:, , :including
, ,
' , .
the aforesaid .chartez: o.t, ~he Cit7,' to'issue. the 'Yacht' Basin ,Revenue '
",.1 ",'
, construction:, "improvement a,nd'equ:1p1lent or' ~aid' Yacht Ba's~n Facilities,
..' . . . ~
C!"rtil'icates here~a.rter described tor the- purpose, of l"1.nancing, the' ,
, " and ,rel"undlrig,:the' ouistan&g C!e~il"icat:es oi m issue,o.t .JllS,ooO :..
. . ... '. ..". '":"... .: . . '. . ~. . .'... . ....... '. - .'
COClll~,rcia1, and Yacht 'Basin Revenue Cert;i1"1:cates' dated.'Jul,y 1", '1950, ,',
.,:' together' w;l th ~ll.' e~~"1n'~~~~st ~,t~~~Qn ' ~d~o :;~qu1r~th~" :surre~der
.' .", .'. .,' " .:'.,: . "," :.... .' . - . -:. ~ . . ..... . ", .' ." ...' '. . . .:",
''';:,or',eaCband:~ ~,r Said~~~ue J~Ct~i.tfc~t.es together w:it~.,~, unpai~
.!m'd ~tured ~terest. cou'pons b~ed' ~th sa.1d 'Certihcate~;' :that 'the
Citiisnot requi,rcd 1:iY iav: tObave '~he' issuance~i said' CertUicates-':
.' . .' .. ~: . '. ".:" '. ',;. . :-.....;:.. '. . . ".' . '.' ...... ... ,,: . :.
approved b;ra iDajodt7 'o~ the votes c~st '1n"anel'ection :Iii, -.rbich .:
. . ;'. . ~ '. ." . '. ..:...-.
, majorit.;r ~r the .tr.eeholden.': \m'o are- qualit'iec1. electors residing in the
, ,
'. '
City at' Clearwai~rparticfpa1;,ed,and that the issuance ot' sa.1d:' Certillcates,:
. . . ~. . .'. . .. '. . " - .'. '. ", .' . . : "'. .... .' .' .'
pursuant to the provisions o~.. the Ordinance ot theCit7 o.t Ciearvater" '
-,
attached to the Petition'here~ as EXhibit A, Will not violate,the provisi~ns,
, ,
or Section 6 ot Article 9, ot the Constitution ot t.he state ot Y.1orld.a, ,or any
other provisions thereof.
EICH'l'H: That the Ordinance ot the Cit7 o.t CleaNater, att.ached to t.he
, ,
Petition herein .as Exhibit A authorizing the construction" improvement aZxi'
equipnent ot .said Yacht Basin, Fa.cii1t1e~, the refunding or. said o'.ltstanding
Certificates and authorizing the i5sUa..nce or the Yacht, Basin. ~veD~e Certifi-
cates hereina.tter described, vas legal.l1' and validl,y er.actod by the Cit7
C~ssion ot th~ CitY' of
"
en' 25-9" pAEi-sOf - ~~~
'Jj(;L j3ss
Clearwater pursuant to- the requl2'ements _ ot and- procedure required by
the Charter ot saId Cl ty.
NINTH: . That pursuant to and in accordance with thS pro-
visions, ot:the Constitution' R.ndstatutes or the state ot Florida:- and
". .'
particularl_Y thearoresaid' .Charter or the. City or. Clearwater#. the
.Citi Comm1 sd on oithe...Ci ty or ctea~.at&r heretororein 1 tscorpor_
" ate capa~1 ty and as. t"lle .g.ove.rn~ng author! ty.or said Cl ty d,id by
.OrdInal'lce duly L"ldlegally.-.enacted at s. meeting held on the- iOth . ".
day-or. September#. 1951.# authorl~e and provIde tor the 1.ssuanceand
sale ot 1nter~ist bearing Yacht Ba'::s.1n Revenue.-Certl1-icat.es ot, said
Clty Inthe 8.ggregate prInc.1p~1.. amount .ot. Three Hundred Twent"Y'-Fiv&
. .
ThouSa.i':\dDollars($325~Obor to.. be:" dated. Jit1.y1.. 1951, of .th~. den.~n-
atloo.of $1,000. e~ch,. tOben.umb~red.1 to 325, i~clits1.vlJi. t~ Jne.ture.
:. '. :. '. '. ." .. .:.'~ . ." . . . .
, s.eri ally -1n nUlllerI.Ca1...ord~.r,.1?Tte3t.nt~bers ;i~st~...on. Juiy 1. or..,..
;. .eac~: y~.a.;..,~~?.ooo 1n.eac~or: the'. Y~.ar:(.19~2.t.~. 1956, ..1nchis.l~e,
~. $lO;'.OOOI~ e.ach. ~t.:~h8~ .yel1rii ,1957 '.to' 1.9.65,1ncluslve#. ~d- $15,000 .In
each:of the yea:r~. 196o'.t.o i979~. inci~;I..J.-ve, to beaj. intere.stat a
. . . . , . ~.'. .' . '.
'. 'rate not~xe.eectlng..t~.lega1..'l'at8,. .with. bothpr1nc1-paLand seml:-
.anzl~a1 .1ntero~t. (.J;IUl~.: 1. and. . J~7. 1)- ~a7abl~'. a t. :the:.prl~~ipal. . .',
.o!'~l~e 01' t~ .Chase ~at.i-oJl.ai B'~~. or.. th~. 'City. ~r. N~W y~;~; Ne." York. _
ci ty ,Ne." York and callable .&s provided in saldOl'dinance" all '.01'. .
~hJ. ch ls,mol'e 1'ull'1. SO~ ;("orth in. the ~ ertit'1e.d cophs .ottl1e proceed~.
ingBor said Clt;t Commission and the eEirtir1edcopies. 01' add,
ord1nan~.e" attachedtot~'P6tltionn1sd herein' as ~xhlblt A, and
.'
by proper re.terence made a ,part' .or said Pot1tion.
TENTH: That sa! d Yacht Basin Revenue Certlricate~ will'
be payable solely trom the net reVenUes ot.said Project~ including
- "
the Yacht BaSin PacHi ties" in'the manner provided in said Ordinance
arid shall not constitute an in.debtednessot'tM CitY' or Clea.rYater,
and no holder or bolders ot any 01' said Certii'icates" ~r or any
:1.'
. "."..
, , '
b~'13ss-'
, "
coupon appertaining ther'eto" ,shall ever' have the right to requ1~e or
, ,
compel the' e:xe-rcise or tbe tlUlngpower o~ the City tor the pa.yment
'ottha principal o~ or interest on said Certificatese'
. ,
ELEVENTH:, That ,said, ,C1ty has power to'j. and in said
, ,
Ordinance has,' ,valid17, and lee;al11 pledged the net ,revenues to be
. . '." . . . " "
de'rI ved trom the ator~8aid Proj:ect', lnclud:1ng' said Yac~t Basin' .
, ,
'. . ." , .'
F'ac11I t1e s to:' the, pa;rmentot the, p~1nclpal o~ al1d: l~t'er~lJt 'on sa1d
. ,'Yacht Basin R~~enuecert;j.~:tcates and,the, p,ledge ofa:nd 11e~ on said
:' nat rev~nues1n favor, of the hol.ders of sa:1d CertI.f1.eates shall con-'
st1tute' a 1'irst pled.8e of and 11'en, on,sa:1d:net re.ven'll8s.
TWELFTH: '~t__the'Petltion riledharel:ri is 1n proper
, :torm'and' the Yacht ,BasinR&Ventie Certit'icatas, d:8~cribe4 therein' and
'the proceedings pr~liin1~art to- tbei: issuance thereof'" are-ot' 'such',
"." ,':.
character.as to entitle', the Petl1;ioIlerto pi.o~eeci UJ:Jder theprovi-
.! . . .,". . : . ~ '" "" ' ~." ..' " ." '::. . . " '. '. '.
Cha~ter 7S,:Flor1~~::,st-"tuteB,.,,'i9~.t'or' the' JUdtC,la,l',cfe'1.er-":
. ' ,
, I 'slon~ or
, 1-, -. '
,',1'" adn~tlon,
" , '
/'
" ,ot'tho'Y'ai'1d1.,t7 ot',.sa~d :.Ce~t1t'lc!-tes', ,aDd or ',the proceedings.
author;1z1ng tbs-1rIs~~anc$ ,~d aaie. .:,:
',j
,'/'
, , ,
,THIRTEEN'rHt: TliA-t: dua,:')u:ldproper', .notl~e, addr~a~ed to' the,"
. .," . , . .' , ,. . ...
state ot"Fl~rlciA-and the, 8eve~ai_ property :o'ivnera,,;', tu:paiera'; cItIzens.
. an~ other'having or cial~ng any right;~ title':,or-,--lnteraatlu'the:
'property tobs' ~t'ected ',by. the, Is8uaJ:i~:e by' tha C'lty.or Clearwater ot' .
'the Ya~ht Basin Revenue cert:1.tlcates hereInbe.tore descrIbed, ..3'
duly published by the Clerk -~r thIs Court in a newspaper published
, ,
and or general circulatiop In the City- or cla arwater,Florlda" once
- ,
each week ror thru conseeut:lv~ wee'ks,' the first' publication being
not less than eighteen da7S prior to the date' of tbshearing herein,
as reqt:.1red by la~j'a11 as more fully, appears in the ili"i"idavIt or
tho publi8her or tb&Clearwater Sun, heretofore tiled Inthia Court.
FOURTEENTH: Tba t the state A. ttorneyb.as1'iled an anaYer
which raises no objections to the validation 01' said :Yaoht Basin
r'
typ J3s~
'.., .
,Revenue Certificates, andt-hat no citizen o~ other person, t'irIllor
~orp-oratioD other'tha,ri,the Petitionera.nd,the state Attorney has'
",appeared in this proceeding or made applica tioD' to beco'me a party,
hereto or .riled~Y motion or, obje-ction to the granting ot' the:
-relief prayec;l tor in the, PetJ.tion:~
:-
:. ..
FIFTEENTH:" That ,'the Cl t'J', ot' Clearwater. has authOr! ty
under the Constl,tutlC1n ~nd statute's ot', thll 'state or Florida,'Partlcu.-
'larly,the Charter ot' sald C1. ty i to, c,onstruct, improve and, ecI'uip the'
, ,
.Ilt'oresald Yacht Ba.stn, 'FactI! tj,as, and t.oissue' said Yacht Ruin'
, R~'vflmJe C~r~lt'lca,tell,' to,' 1'1naZ1ce the costs, thereot' ,and to re1'und said
" ,
outstandil1g CertH'! ~ate'~'~, dated Jul~ l,i950, '~nd t~e pr~ceed1ngs,
, , ,
taken' by said City through 1.'t',3 City ~oiom1,ss1oIi t'or such'purposes
are regular and va1id.
, ,
'SIX'.t'EENTH:" ThAt no cause, hasbo~n sb9wU' by tho' Answer or, '
,the Sta'fttS AttorIUS'i "or otherW'1..~e, wb7 the "pr~yer ot' the, Pet! tion':
,;: should not bSgZ-an,teci.; arfd ,the :,Yacbt, S'asin Revenue' Certii1~~te8cie'_
:scribed above,' and in t~, p,~t.:l. tJ:()n' 'beroin,' should~Cit be', validated,
, , ,
. ....
. . . .
"and 'e onl'irme d.
"'. .. . .'. .
iT IS"THEREFORE ORD~:. .'ADJUDGE~ AND DECftEED that the,
procee~i~~' ot':,tbe ,Cl,:,,~~~sslon ot':-~~ 'Ci.ty ot',c~~arwat,er" Fl~rl'~s.
provldi,rig~or~,the constrtiction, ,1mprovem~mt;and, e~u1pment ot' t'he
, Yacht. .Buln 'Facll1th9~ t,he' re,!'unding ot' said outstanding Ce:rtlt~_
, ,
,cates~' and autborlz1ng 'the ,issuapce of 'Yacht Basin, Revenu'& .ce'rt1.1"i_
cates in the'amount, of' Thr~e HUDdred~wen~i-Flve _Thousand POllars
($325,000), more pa.rticularly de8er1.b~d' above and in said Petition,
were aut'horlzed b,. law and' were duly and, regularly taken;, that all
provisioDs ot the Ordinance or the,C!~ of Clearwater, attached to
the Petition herein as Exhib1. t' A, are within the lall'rul authority
or: tha City ot Clearwater to ,make and ,are valid andblnding, and
that said Yacht Bas1n Revenue C&rtit'icates in the amount or Three
-6-
" "
co' 259 PAGE50
l'JP 1355
Hundred Twent7 Five Thousand D011ara(f325,OOO), d.a.ted July 1.. 1951,
, . '
' "
' ,
. , , .
~he proceed1ng~a.uthor1z1ng th~1';8uan~e,and sale' o.-r said cartit'1e~te B
~d tlia constructioo,.' 1mp~ovement ,8l1d equipment ot" said Yacht' Basin
Fu11it1es as in said Ord:f:ns..tlce .'and proce7'd.1nga provided, .are hereby
valida.ted and ~on1'lrmed.
rUed' IDthb 'cause. ' '
That the Clerk "ot' ,this Cour~ be and h~' i'B hereby' directed
0, 0'; ~. , '. ..:{;ot=p~r::~o::"'o~~..:.o
' to- .s1gna c,ertit1cate on' the back ot', each ot' said ~a,cpt ~as.tn '" ;
o '. . '. 0 . .,'... ' , . . , . J. ;. :.. t. . i.. : .
Revenue Certltlcatea to' the 'et't'ect that' sdd' ceft~~'i:'cate~ hA,!e beeh'
~~l1datod ~ndaont'irmed' bY., deera., ot' tli.1..a courtt aiid,'sa1,dCi~'rkis'
.' : ", ;:.: ..: ..; 0 . ',.: ~
hereby t'urther directed' to ,at't"bc ,the seal ot' sSl'd:-poUrttic>'.; uch
. .: . o. 0'0 '., f:O. o. . .
'c"rtit'ica~e on each ot' said Certi.t'1cates, ,provJ,ded:.: audh -qert1't'1pa'te'
~ . ...0.. . . 0" "0 '. . 0 " " . .... ~ ...:. 1. '. 0 i. : 0
shal.l ,oot be so slgnedand'3e~l.ed Wi th:l.n,'t:wimt:[,' (20'i ~,.~ irter' t~
" ~ .. - .~.: ~:... .,..: 0.... .. 0;
'date or thlsdecree' and 'unl.ess' no appeal', or' b.1.U ,;Q:C~.e:.t~e.pt~ons ,be' , '
, ",: ',t : ~" l~! -.~ ," ..
, . 0 ~::~I-'_~/:!:'..... r 0, .
An.TtiooED .urn '~Ec~i.tC.'ctt~f;r, J;:l..qr.1.da,
, _ po N.ij:, ORDERED,
, ," ?::L- " -
"I ~'.",',' da:)< of""" :,'. '.' ,~t.~ber '
.. ... ,1951. " '
, i -, ".' , , '
'of
'I this'
"'.
. ,
Filed lerrecord q/4!:4;{J'.f./_ at~~g ~i?L la .rbt ~ e4 11m
and the re.eord ferUle.&. lfIlLlAW CJlAiUOJU> ' 001 r
Phellu CGonh, 1'1....1.-1. \tw~_:" _ .' ~rt.ol l1ae crr~" COltr.t.
.......
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Chart 11411 Srd Ed.,Jan. 24/87 ~
Published oj Washington, D.C.
u.s. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRAT10I\1
NATIONAL OCEAN3ERVICE
MERCATOR PROJECTION AT SCALE 1:40,000
SOUNDINGS IN FEET
MEAN LOWER LOW WATER
NORTH AMERICAN 1927 DATUM
HEIGHTS
Heights in feet above Mean High Waler,
AUTHORITIES
Hydrography and topography by the Notional Ocean Service,
Charting and Geodetic Services with additional data irom the Corps of
Engineers, Geological Survey, and U.S. Coast Guard.
SUPPLEMENTAL INFORMATION
Consult U.S. Coast Pilot 5 for important supplemental informalion.
CAUT'ON
This chart has been corrected from the Not'ce to Mariners published
weekly by the Defense Mapping Agency Hydrogrophic/Topographic
Center and the Local Notice to Mariners issued periodicolly by each U.S.
C~ast Guard district to ihe date shown in the Icwer left hand corner.
WARNING
The prudent mariner will not rely soleiy an any single aij to novigotion, particuiariy en
ilDcling uids. See U.S. Coast Guard Light List ond U.S. Coast Pilot for detaiis.
AIDS TO NAViGATION
Gansult U.S. Coast Guard Light List for suppiemental iniormation concerning
,]ids to navigation.
RADAR REFLECTORS
Radar reflectors have been placed on mony floating aids to navigation.
individual radar reflector identification on these aids has been omitled
Iro'm this chart.
For Symbots and Abbreviotions see Chart No. 1
COLREGS. International Regulations for Preventing Collisions at Sea, 1972
Demarcation lines are shown thus: _ _ _ _,_
NAUTICAL CHART DIAGRAM
j 411 3rd Ed., Jan. 24/87
<.>.J' CTJ .
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;'. WaCJ~~Trim -
Building relationships on a foundation 0: excellence
August 24, 2004
Mr. Michael D. Quillen, PE
City Engineer
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Re: Clearwater Beach Marina Master Plan
Dear Mr. Quillen:
Wade-Trim is pleased to provide the City with an estimate to prepare a master plan for the
redesign of the Clearwater Beach Marina. Understanding that the existing marina envelope will
remain constant, the master plan will consist of maximizing the number of boat slips by
evaluating alternative configurations and determining the best design that suits the market
demand. A magnitude of construction costs will be prepared for the select design including other
amenities consisting of a floating concrete dock system, new restrooms, and providing full utility
services at each slip. The commercial vessels will remain in their existing locations with possibly
upgrading the fixed docks along the seawall. Our estimate to prepare the marina master plan
and associated tasks is approximately $75,000.
Thank you for the opportunity to assist the City on this assignment. Should you have any
questions concerning this estimate, please do not hesitate to contact the undersigned or Mr.
David Gildersleeve at 813.882.8366.
Si
-
Gregory . Trim, PE
Associate
GST:ajb
AAA1000.04
P:1AAA1000\GtrimlFinaI\Clearwater Beach Marina Mater Plan Fee Estimate OB2404,doc
cc: Glen Bahnick, City of Clearwater
William Morris, City of Clearwater
David Gildersleeve, Wade-Trim
Engineering . Landscape Architecture . Planning . Sciences . Surveying
FL LC Reg. No. C000121
4919 Memorial Highway' Suite 200 . Tampa, FL 33634' 813.882.8366 . 888.499.9624 . FAX: 813.884.5990 . www.wadetrim.com
Il"~llil.
If~" Bill ,.
r = .::)
Ill. ,.'.1.1il' .II
..;";d1B
ATTACHMENT 8
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing,
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for
which reimbursement is being claimed indicating that the item has been paid. Check numbers may be
provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of
service. Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If
an individual for whom reimbursement is being claimed is paid by the hour, a
document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf
of the employee (e.g., insurance premiums paid). If the contract specifically states
that fringe benefits will be based on a specified percentage rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be
shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel
voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for
the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the
requirements for contracts which include services and that provide for the contractor
to purchase tangible personal property as defined in Section 273.02, Florida
Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs:
If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including
any contract involving the State University system or the State Community College
system, the agency receiving the contract or grant moneys shall charge no more
than 5 percent of the total cost of the contract or grant for overhead or indirect cost or
any other cost not required for the payment of direct costs.
Page 1 of 1
ATTACHMENT C
REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission)
to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in
this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Commission. In the event the Commission detennines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission
staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A -13 3, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have
a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the reCIpIent shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less
than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.,
the cost of such an audit must be paid from recipient resources obtained from other than Federal entities).
PART IT: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000
in any fIScal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor
and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state fmancial assistance
awarded through the Commission by this agreement. In determining the state fmancial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state fmancial assistance
received from the Commission, other state agencies, and other non-state entities. State financial assistance does not
Page 1 of3
~ , I
include Federal direct or pass-through awards and resources received by a non-state entity for Federal program
matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit
complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a [mancial
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-
state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from
other than State entities).
PART nl: OTHER AUDIT REQUIREMENTS
There are no other audit requirements.
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320 (d)(I) and (2), OMB CiJ:cular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville', IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133,
as revised.
Pursuant to Section .320 (t), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting
package described in Section .320 (c), OMB Circular A-B3, as revised, and any management letter issued by the
auditor, to the Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Page 2 of3
Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
The Conunission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Conunission
Bryant Building, Room 170
620 8. Meridian 8t.
Tallahassee, FL 32399-1600
The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
Copies of reports or the management letter required by PART ill of this agreement shall be submitted by or on
behalf of the recipient directly to:
The Conunission the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Any reports, management letter, or other information required to be submitted to the Conunission pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), RuIes of the Auditor General, as
applicable.
Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with
OMB Circular A-B3 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, shouId indicate the date that the reporting package was delivered to the
recipient in correspondence accompanying the reporting package.
Contact the Commission's Audit Director by phone 3,t (850) 488-6068.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee,
Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working
papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a
period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission.
Page 3 of3
!
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
None.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOllOWS:
None.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOllOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
None.
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Agency:
State Program:
CSFA No.:
Recipient:
Amount:
Florida Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
77.006
City of Clearwater
$60,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOllOWS:
1 . Project activities must occur on public lands owned outright or managed under agreement with
another party with lease terms exceeding 20 years.
2. Project activities must not create a boating safety hazard and/or increase the potential for damage to
natural resources.
3. Recipient must comply with the Policies and Guidelines (Interim) of the Florida Boating Improvement
Program.
4. Recipient must comply with all Commission rules, policies and procedures as well as all other state
and federal rules.
NOTE: Section .400(d} of OMB Circular A-133, as revised, and Section 215.97(5)(a}, Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
Page 1 of 1
~
ATTACHMENT 0
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
CERTIFICATION OF COMPLETION STATEMENT
I,
(print Name and Title)
representing
(Name of Local Government)
do hereby certify under penalties of periury per s. 216.349, Florida Statutes, that the Florida
Boating Improvement Program project funded by FWC Contract No.
has been completed in compliance with all terms and conditions of said Agreement; that all
amounts payable for materials, labor and other charges against the project have been paid; and
that no liens have been attached against the proj ect.
(Signature)
(Date)
STATE OF FLORIDA, COUNTY OF (
)
Personally appeared before me this day of
subscribed and swore to the above instrument in my presence.
.200_. who
Notary Public Name:
My commission expires:
(SEAL)
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above-named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Date:
Name:
Title:
!'. "~I ,
ATTACHMENT E
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
Due by the 15th of each month
FWC Contract #
MonthlY ear:
Project Title:
1. Describe tasks completed this month:
2. List deliverables provided to FWC this month:
3. List tasks scheduled to be completed during next month:
4. Is project currently on schedule for completion by December 31, 2005? YES NO
(If No, please explain any problems encountered and/or possible delays)
Project Manager
Date
Page 1 of I
City Council
,.., ~~"~"!J::over Memorc.! nc!~_~_"~_,_"..,,,,",_~~__,","..~.._~_~,,,",...,,.,,,___,,
CG-lS- \
11.3
Tracking Number: 1,205
Actual Date: 04/07/2005
Subject / Recommendation:
Approve Change Order #10 and ratify and confirm the City Manager's emergency approval of
purchase order #4701 with Environmental Consulting and Technology, Inc., of Tampa, Florida,
increasing the contract by $200,000 for a new total of $569,273.85 in order to complete
dewatering activities associated with the Myrtle Ave construction project and avoid project delay,
and authorize the appropriate officials to execute same.
Summary:
Clearwater Gas System (CGS) is requesting to increase our purchase order with Environmental
Consulting & Technology (ECT) by $200,000 because of increased dewatering requirements due
to potential impacts from former fuel tanks and/or the former Clearwater Manufactured Gas
Plant (MGP) site. ECT's original proposal, which was estimated at $200,000, includes the costs
for operating an air stripper for dewatering treatment up to 12 weeks, setup/monitoring costs,
transportation of excess soils, and service work incurred to avoid Myrtle Avenue project delay.
On 3/1/05, CGS & ECT met with Public Utilities to investigate the potential for a lower cost
solution for treatment and disposal of the water. It was determined that the use of a carbon
filtration system instead of an air stripper would reduce the total cost by approximately $35,000.
However, using carbon filters required CGS to discharge the treated water into the City sewer
system instead of the storm drain. On 3/2/05, the City Manager approved the original proposal
from ECT as an emergency PO increase in order to comply with the City/Contractor schedule and
not incur any penalties. However, CGS anticipates the cost to be somewhat lower than the
original proposal due to reduced excavation timeframe and the use of carbon filters. This
reduced cost is reflective in the revised ECT proposal.
The City Commission on April 21, 1994, approved the original contract, authorizing
Environmental Consulting and Technology, Inc. (ECT) of Tampa, Florida, to develop a
Contamination Assessment Plan (CAP) and a Contamination Assessment Report (CAR) on the
MGP site.
The funds for these professional services are available in the Environmental Gas project Code
315-96358, which currently has a balance of $837,536.19.
Originating: Gas System
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? No
-_.~~';~~~;';~""'__~'~~;~~l;.;~~,*",)..__..m"_____eo.-~"""",__",~__"_,",,,"~.~"',_~", .,-.._>x__,____'''''_''''.-'__~......m'"'~'~~;,~~;.~~,...~~:,!~,:,~'''''''',,:';.;'i>!',:~""'"'"':__
~.b... ."." te_'_"I" City Council
::3 r
Ii ',' ..,....,.."".'", '",..: ".__~..MJ"~nda Coy_~"r Memorandum_,.
Bid Exceptions:
Emergency
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$200,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Not to Exceed:
$200,000.00
Appropriation Code(s)
315-96358
Amount
$200,000.00
Comments
Review Approval
Chuck Warrinaton
03-14-2005 17:31:06
03-23-2005 15:41:46
03-15-2005 09:37:34
03-23-2005 12:09:04
03-21-2005 16:58:57
03-23-2005 15:03:52
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Laura Lipowski
Bill Horne
CITY OF CLEARWATER, FLORIDA
d/b/a CLEARWATER GAS SYSTEM
and
ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC.
CHANGE ORDER NO. 10
March 1,2005
CLIENT:
CITY OF CLEARWATER
d/b/a CLEARWATER GAS SYSTEM
400 North Myrtle Avenue
Clearwater, Florida 34615
PROJECT:
Former Clearwater Former Manufactured Gas Plant Site ("Site")
The following changes are hereby made to the Professional Services Agreement between
the CITY OF CLEARWATER, FLORIDA d/b/a CLEARWATER GAS SYSTEM ("CGS") and
ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC. ("ECT"), dated as of April 22,
1994, (the "Agreement"):
1. Article 1- Term of Agreement is hereby amended to extend the term of the
Agreement for a period of one year from the date of this Change Order. Personnel rates
set forth in this Change Order shall remain in effect throughout the extended term of this
Agreement.
2. Article II - Scope of Work is hereby amended to include the additional work as
more specifically set forth in Consultant's letter proposal dated February 25, 2005,
(Environmental Support Services for Myrtle Avenue Road Work Former
Manufactured Gas Plant) attached hereto as Exhibit A and incorporated herein by
reference. Consultant is currently revising the scope of work to provide, in part, for
installation and operation of a treatment system comprised of granulated activated carbon
filters in lieu of the portable air stripper described in Exhibit A. Prior to CGS' receipt and
written approval of the revised scope of work, CGS shall have no obligation to pay any
invoice issued by Consultant for work authorized by this Change Order.
3. Article III -Compensation is hereby amended to provide that the maximum costs
for fees and reimbursable expenses for the services described in Paragraph 2 above shall
not exceed the sum of Two Hundred Thousand Dollars ($200,000.00). In no event shall
such maximum costs be exceeded without authorization from CGS by written
approval of the appropriate Change Order. Any fees or reimbursable expenses
Consultant incurs in excess of said maximum costs and without written approval of
the appropriate Change Order by CGS shall be entirely at Consultant's obligation
and expense and CGS shall not be liable for same.
{OR861935;1}
4. Except as modified herein, all the terms and provisions of the Agreement shall
remain in full force and effect.
APPROVALS REQUIRED:
ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC.
By:
Name:
Title:
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Home, II
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Laura Lipowski
Assistant City Attorney
{OR861935;1 }
February 25, 2005
041013-0100
Mr. Brian Langille, P .E.
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, Florida 33755
Re: Environmental Support Services for
Myrtle Avenue Road Work
Former Manufactured Gas Plant
400 North Myrtle Avenue
Clearwater, Florida 33755
Dear Mr. Langille:
Environmental Consulting & Technology, Inc. (ECT) is pleased to provide the
Clearwater Gas System with this proposal for environmental services. The City of
Clearwater is performing utility construction work in the area near the former Clearwater
Gas manufactured gas plant (MGP) site. Our services were requested to address potential
MGP subsurface impacts that may affect the City's utility work.
In response to requests from Clearwater Gas System and its owner, the City of
Clearwater, services were begun in October 2004 and are in progress at this time, to
support resumption of construction activities in the area. Enough variables affecting the
future construction oversight and dewatering treatment have been defined at this time, so
that the future costs could now be estimated. Accordingly, this proposal describes the
requested services performed to date, the proposed services, and the estimated fees.
BACKGROUND SUMMARY AND OBJECTIVES
In mid-October 2004, the City directed its roadwork contractor, Westra, to halt storm
sewer construction work from Jones Street to Maple Street, due to increased dewatering
requirements and potential impacts from former fuel tanks in the area and/or from the
former Clearwater Gas MGP. To allow resumption of work in this project segment,
Clearwater Gas, its outside counsel, Mr. William Pence, Esq., and the City of Clearwater,
have consulted with ECT. Due to the potential MGP coal tar and diesel fuel impacts,
ECT was directed to collect soil and ground water samples, assess construction-related
exposure risks, prepare a Supplemental Site Assessment Report (SSAR), prepare an up-
to-date Health and Safety Plan (HASP) Addendum for the utility work, identify
dewatering treatment and permitting options, and secure required dewatering permits.
SUMMARY OF WORK COMPLETED
1. Preliminary Consultations through October 15,2004
ECT's risk management engineer, Chuck D. Hendry, Ph.D., provided risk assessment
consultation to Clearwater Gas, the City, Mr. Pence, and attended meetings with these
Mr. Brian Langille, P.E.
February 25, 2005
Page 2 of7
parties, Westra, and the City's construction engineering inspection firm, PBS&J. No fees
were charged for these consultations.
2. Hart Street Excavation Safety
During a preliminary site visit with Clearwater Gas personnel on October 22, 2004, it was
noted that the Hart Street storm sewer excavation was not properly barricaded and posed
a safety risk to passersby. That afternoon, we better secured the open excavation from
passersby. We also covered the soil pile next to the excavation, to prevent exposure
pending receipt of analytical results.
3. Supplemental Assessment
ECT performed the following scope of work that was requested by Clearwater Gas
System to meet the project objectives:
1. Performed one day of Geoprobe@ soil borings down to about 10ft bls.
2. Collected soil samples for visual (coal tar) and organic vapor screening.
3. Collected vadose zone and phreatic (saturated) zone soil samples from each
boring for laboratory analyses.
4. Collected a soil sample at Maple Street, in response to an exploratory utility dig.
5. Collected ground water samples from selected surficial aquifer monitoring wells
to evaluate current water quality.
6. Evaluated the soil quality against applicable Soil Cleanup Target Levels (SCTLs).
7. Developed Alternative SCTLs (ASCTLs) applicable to the construction exposure
scenario anticipated at the site.
8. Prepared an updated Site-Specific HASP (SSHSP) and a HASP Addendum
addressing the anticipated construction exposures.
9. Evaluated the ground water quality data for permitting and design of a system to
treat ground water produced by dewatering in the referenced project segment.
10. Drafted an SSAR with updated data summaries (tables and maps) and supporting
documentation of the work performed. Final report completion is pending.
4. NPDES Dewatering Discharge Permit Options
ECT researched information about the former MGP site and nearby sites (health
department, Chevron station), which have all had underground storage tank (UST) related
petroleum impacts to soil and ground water. FDEP normally does not allow using the
Generic NPDES Permit for Petroleum Contaminated Sites to be issued for MGP sites or
petroleum site plumes comingled with other types of contaminant plumes. In such cases,
individual industrial wastewater discharge permits are typically required by FDEP. Such
permits typically require substantially more expensive sampling, permitting efforts, and
longer review times than involved with the Generic Permit for Petroleum Sites. The
Generic Permit for "short term" discharges also eliminates the potentially costly toxicity
testing, which can easily fail and trigger added costs, delays, and construction shutdowns.
Mr. Brian Langille, P .E.
February 25,2005
Page 3 of7
The MGP impacts at this site are practically indiscernible from typical petroleum (diesel
fuel) impacts. Due to the permitting and costs differences, ECT prepared a request for a
permitting determination, and submitted it to FDEP after review and discussion with City
environmental personnel and City's outside legal counsel. The request to FDEP
documented why the site should qualify for the Petroleum Site Generic NPDES Permit.
As a result of the submittal and ECT's response to FDEP questions, the FDEP approved
the use of Generic Petroleum Site Permits for the subject Project Segment.
5. Planning Dewatering Treatment with City Contractor
In a meeting with City personnel and subcontractors on January 24, 2005, ECT provided
a status report on the HASP Addendum and findings and on the dewatering permitting
efforts. With the City's authorization, ECT had extensive meetings that day with Westra
and PBS&J concerning specific work sequences, dewatering locations, durations,
treatment system set up, etc. The planning was needed to optimize coordination of the
dewatering treatment (to be paid by the City/Gas System) with Westra's excavation and
actual dewatering.
6. NPDES Petroleum Permit #1 - Jones to Hart Streets
ECT prepared and submitted the required Notice of Intent (NOI), requesting coverage
under the Generic Petroleum Permit. The short-term permit was approved by FDEP on
February 11, 2005. Lead and toxicity testing, and carbon polishing are not required
under this short-term permit. It allows up to 30 days of discharge, in this segment. The
only analytical testing required is for pH, benzene and naphthalene.
7. NPDES Petroleum Permit #2 -Hart to Maple Streets
ECT prepared petroleum NOI "#2" for the segment from Hart Street to Maple Street and
sent it to FDEP on February 23, 2005. The details in item 6 above apply to this item as
well.
8. NPDES Treatment System Specification, Bidding, Coordination
As directed, ECT evaluated options for the dewatering treatment system, solicited bids,
evaluated them, and provided the bid summary with the supplier recommendation. As
directed, ECT made tentative arrangements with the suppliers to mobilize the system
under short notice on Monday, February 14, 2005. However, a contractual dispute
between the City and Westra resulted in postponing that mobilization until further notice.
ECT and City personnel also met with a licensed electrical contractor to evaluate the
feasibility of supplying energy to the system through temporary power drops, rather than
a generator that would need to be fueled on a daily basis. The City secured a supplier to
refuel the generator at reasonable costs, and the power company lead times cannot be
accommodated at this point.
Mr. Brian Langille, P.E.
February 25, 2005
Page 4 of7
9. SSHSP / HASP Addendum
The HASP Addendum was completed and issued on Friday, February 18, 2005, with all
City and counsel comments incorporated.
10. Conference Call with City and Contractor
ECT personnel participated in a conference call with City and Westra personnel on
February 23, 2005. The parties confirmed their mutual understanding of HASP
Addendum requirements for worker protection, hazard communication, handling of
excess soil from the Project Segment, and coordination of dewatering treatment with
construction and dewatering.
Costs for the above services are summarized as follows:
Fees Incurred for Requested Services Through February 18. 2005
(Approximate Breakdown)
Subcontracted Laboratories $11,200
Subcontracted Driller, Contractor, and other direct costs $2,400
Consultations, Risk Assessment Data Evaluation, Health and $20,800
Safety Plan Addendum, Site-Specific HASP
SSAR Data Evaluation, Consultations, Report $6,900
Field Work, Work Plans, Site Visits, Project Mgt., etc. $5,000
Generic Permit for Petroleum sites, NPDES Generic Permits $7,600
TOTAL COSTS TO DATE $53,900
PROPOSED ADDITIONAL WORK
11. Dewatering Treatment System Mobilization, Setup, Startup
During the above-mentioned conference call, ECT was directed by the City
environmental personnel to subcontract and set up the treatment system for startup on
Thursday, March 3, 2004. Westra confirmed that they will want to start their dewatering
operations on Friday, March 4th, to leave the system running over the weekend, so they
can start construction work on Monday, March 7,2005.
The system consists of an influent frac tank, a pump skid, and a portable air stripper
(diffused aerator type) equipped with an effluent pump. Power to the system (480 volts)
Mr. Brian Langille, P .E.
February 25,2005
Page 5 of7
will be provided by a portable generator with an on-board fuel tame No supplemental
fuel tanks will be provided.
ECT will collect a sample on Thursday for rushed (I-day) laboratory analysis of the
effluent for benzene, naphthalene and pH. The results will be evaluated Friday, March
4th, to determine if the system can continue running over the weekend. During the
conference call, City environmental personnel directed ECT to proceed with effluent
discharge at startup in the conventional and permit-allowed manner, rather than
recirculating effluent back to the frac tank pending favorable analytical results. That
recirculation had been proposed earlier by ECT as a conservative measure, to mitigate the
potential for non-compliant discharge penalties, since the City is the permittee. However,
the FDEP has since agreed with ECT that lead sampling is not required by the permit for
this site. Additionally, such withholding of effluent is not normally required by the
Generic Permit. So the City personnel authorized discharge without it.
12. Dewatering Treatment System - Operation and Monitoring
ECT personnel will coordinate the refueling of the treatment system generator by a local
and licensed mobile fueling company. ECT personnel will check the system
approximately twice per week, and will sample the effluent according to permit
requirements once per week.
13. Health and Safety Oversight
Analytical testing of the soils, as reported in the HASP Addendum, did not warrant
worker protection measures. Nonetheless, ECT personnel will conduct tailgate meetings
as needed and will oversee the initial excavation of the trenches and pits in the Project
Segment. Primarily, ECT will look for readily identifiable coal tar that was not
encountered in the borings. As a conservative measure, air monitoring will also be
conducted with an organic vapor analyzer, provided background concentrations from
construction equipment and vehicular emissions do not interfere excessively. Air
sampling for laboratory analysis will be performed if warranted. Reports of the findings
will be completed and submitted to Clearwater Gas System or its legal counsel.
14. Excess Soil Testing, Transportation and Disposal
During the above-mentioned conference call, the handling of excess soils from the
Project Segment was also discussed. In summary, the City and Clearwater Gas System
will select a location suitable for stockpiling these Project Segment soils. ECT and its
subcontractors will prepare and maintain the stockpile area. Westra personnel will truck
excess Project Segment soils into the area. Those soils may be used in the Project
Segment, but not elsewhere, unless/until analytical testing by ECT confirms they are
clean fill. ECT will collect the samples and obtain laboratory analyses to determine if the
soils can be used as clean fill elsewhere, or if the City/Gas System will need to have the
soils transported and disposed of at a properly permitted treatment facility or landfill.
ECT can subcontract the loading, transportation and disposal (T &D) of excess soils if it
is needed and authorized by Clearwater Gas System and/or the City.
Mr. Brian Langille, P.E.
February 25,2005
Page 6 of7
15. Reporting
ECT will maintain field activity logs, sampling logs, analytical test reports, and any
disposal manifests, as well as related subcontractor invoices. ECT will complete the
NPDES Discharge Monitoring Reports (DMRs) required by the Generic Permits. After
project completion, ECT will prepare a project activities report documenting all
oversight, media management, and proper disposal. A short form source removal report
documenting only the media disposal can also be prepared at the City/Gas System's
request.
ECT will prepare status reports at least with every invoice and as requested by the City or
Clearwater Gas System. ECT will attend coordination and planning meetings as
warranted or requested.
FEES AND CONDITIONS
ECT proposes to provide the professional services at our current rates, listed on the
attached fee schedule, and in accordance with the terms already in effect between ECT
and Clearwater Gas System. Our licenses and insurance certificates are on file and are
available upon request. Due to the nature of the project and significant time variables
beyond our control, we propose continuing to provide these services on a time and
materials basis. Following is a breakdown of the estimated future fees and the estimated
total fees (past and future) for this project, using a 5% markup, 5% for miscellaneous
items, and a contingency factor of 15%.
ESTIMATED FUTURE COSTS
Dewatering Treatment System Rental and Fueling (up to 12
weeks of operation). (Average Daily Cost = $630)
$55,000
Treatment System Setup, Excavation Health and Safety
Oversight (up to 3 half-days/week, up to 12 weeks), treatment
system checks (2/week), laboratory analytical (lIweek), data
evaluations, consultations, reporting, project management.
$50,000
Staging, Management, and Transportation and Disposal of up
to 300 tons of excess soil if impacted.
Contingency Budget of 15%
$22,000
$19,000
TOTAL ESTIMATED FUTURE COSTS
TOTAL COSTS TO DATE
$146,000
$54,000
TOTAL ESTIMATED PROJECT COSTS = $200,000
(including Contingency)
Mr. Brian Langille, P.E.
February 25, 2005
Page 70f7
Variables beyond our control include the duration of trenching actlvItles needing
oversight and dewatering needing treatment. For those cases, reasonable assumptions
have been made, as noted in the cost table, and were based on discussions with City and
Westra personnel. Every effort will be made to reduce actual costs, and a monthly status
report with actual versus budgeted costs will be provided to Clearwater Gas System.
Work in the area is expected to take anywhere from 6 to 12 weeks. Inspection for coal
tar in trenches should only be needed during limited times and milestones during the
trenching and utility construction. The dewatering treatment system will be shut down if
dewatering rates drop, to save on system monitoring and fueling costs. For areas
producing low flows, additional tanks can be used to further reduce the system operating
costs. A significant contingency budget line item is included, to allow for extended
project operation due to construction delays or the management of other contingencies.
CLOSING
ECT appreciates the opportunity to provide our services to Clearwater Gas System on
this important project. If you have any questions or need additional information about
this status report and proposal, please do not hesitate to call me at (813) 289-9338,
extension 332. I look forward to working with you to complete this project.
Sincerely,
ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC.
F.J. "Paco" Amram, P.E.
Senior Engineer
FJA:deb
Enclosures: 2005 Fee Schedule
Authorization:
CLEARWATER GAS SYSTEM
Authorized Signature
Printed Namerritle
Date
~a._,.,,',., a, tet
u~
City Council
~"""""_. A9..end~._~.~ver Memorandu"!.,...____
p~- \
II A4
Tracking Number: 1,203
Actual Date: 04/07/2005
Subject / Recommendation:
Approve the transfer of $52,000 from Recreation Facility Impact Fees to Capital Improvement
Project 93253, Ross Norton Recreation Complex and Extreme Sports Park to cover increased
construction costs.
Summary:
The City entered into an agreement with Angle & Schmid Inc., St. Petersburg, Florida to
construct a new Recreation Center at Ross Norton Park. In conjunction with the work that
Angle & Schmid Inc. was doing, under separate contracts the City was constructing the Skate
Park (Extreme Sports Park).
During the time of construction and prior to purchase of supplies for the Extreme Sports Park
the cost of concrete, fencing, as well as steel, increased substantially.
Staff is requesting that available recreation impact fees of $52,000 be transferred at midyear to
supplement the budget to cover the increased costs.
The grand opening of the new Recreation Center and Extreme Sports Park is scheduled for May
21, 2005.
Originating: Parks and Recreation
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Transfer funds from Recreation Facility Impact Fees
In Current Year Budget?
No
Budget Adjustment:
Yes
...
o
.
..
u
City Council
Agenda Cover Memor~ndl!..~
Budget Adjustment Comments:
Transfer funds from Recreation Facility Impact Fees
Current Year Cost:
$52,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$52,000.00
Appropriation Code(s)
315-93253
Review Approval
Tina Wilson
Garrv Brumback
Kevin Dunbar
Bill Horne
Cyndie Goudeau
Amount
$52,000.00
Comments
Transfer funds from Recreation Facility
Impact Fees
03-16-2005 09:57:49
03-22-2005 13:57:44
03-16-2005 11:46:19
03-22-2005 20:00:25
03-24-2005 12:08:51
~b
City Council
_,.".".",~~ndC!. Cover Memorandum
PR-2
II.S
Tracking Number: 1,053
Actual Date: 04/07/2005
Subject / Recommendation:
Approve License Agreement with Emerald Coast Bungee, Inc. to provide entertainment
concessions at Pier 60 Park and authorize the appropriate officials to execute same.
Summary:
Emerald Coast Bungee, Inc. has provided successful entertainment concessions at Pier 60 Park
on a trial basis over the past year.
During that time, Emerald Coast Bungee, Inc., operated a climbing wall and trampoline bungee
jump. The City makes 25% of gross revenue, which amounted to $63,107.25 last year.
Staff has included revenue from entertainment concession in the general fund budget to off-set
some of the costs of operating the Parks and Recreation Department.
Emerald Coast Bungee is required to carry an occurrence-based ISO policy with coverage limits
of $1 million per occurrence and $2 million aggregate, listing the City of Clearwater as
additionally insured.
Staff is recommending approval of the License Agreement between Emerald Coast Bungee, Inc.
and the City. The City may cancel the Agreement at any time during the year.
A copy of the License Agreement is available in the Official Records and Legislative Services
office for review.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Bid Reauired? No
Bid Exceptions:
Sole Source
Other Contract?
other
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$40,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
City Council
lYJenda Cov~!,~ ~emoran.~~m
Appropriation Code(s)
0010-00000-347203-000-000
Amount
$40,000.00
Comments
Revenue
Review Approval
Kevin Dunbar
Tina Wilson
Garry Brumback
Marcie Simmons
Laura Lioowski
Bill Horne
Laura Lipowski
Cyndie Goudeau
03-29-2005 10: 30: 09
03-30-2005 15:39:41
03-31-2005 16:12:35
12-29-2004 16:19:21
03-31-2005 11:21:49
04-01-2005 09:23: 13
03-02-2005 11:09:07
04-01-2005 08:59:42
.........:.,)
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R 2: {'5
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into as of this day of ,
2005, between the City of Clearwater, a municipal corporation of the State of Florida,
whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Licensor")
and Emerald Coast Bungee, Inc., a Florida corporation, whose mailing address is 924
Mandalay Avenue, Clearwater, Florida 33767 ("Licensee").
WHEREAS, Licensor is the owner of the real property more particularly
described in Exhibit "A", attached hereto and made a part hereof, located in Pinellas
County Florida hereinafter referred to as ("Premises"); and,
WHEREAS, Licensee desires to exercise certain rights and privileges upon the
Premises; and
WHEREAS, Licensor is willing to grant Licensee a license for such occupancy
and utilization, subject to the terms and conditions stipulated below (the "License"):
NOW, THEREFORE, it is mutually agreed as follows:
1. Licensor hereby grants to Licensee the License to occupy and use the Premises,
subject to all of the terms and conditions herein set forth, commencing on May 1,
2005, and expiring on April 30, 2006, unless sooner terminated as herein
provided ("License Term") for the purpose of installing a bungee powered
trampoline jump amusement ride and faux-rock climbing wall (the "Bungee Jump"
and "Climbing Wall", respectively) as more particularly described in Exhibit "B",
attached hereto and made a part hereof.
2. That for and in consideration of the foregoing License, Licensee shall pay
Licensor a commission equivalent to twenty-five percent (25%) of the gross
revenue proceeds generated by the Bungee Jump and Climbing Wall during the
License Term ("Commission"). For purposes of this Agreement, "Gross Revenue
Proceeds" shall mean the total of all amounts charged to customers for entry to
the Bungee Jump and Climbing Wall. Specifically, all amounts charged for
numbered tickets, coupons or other type of invoices ("Tickets"), less any
applicable taxes, regardless of whether said Tickets are redeemed. Commission
shall be paid bi-weekly, first payment to be paid 14 days after the Licensee's first
day of operation, and once every two weeks thereafter. If all amounts due to
Licensor are not paid as indicated, Licensee will be considered in default
hereunder and Licensor retains the right to terminate this Agreement immediately
and require vacation of the Premises immediately, but in no event later than 24
hours from receipt of notification of such default.
3. Licensee shall pay all costs resulting from and associated with the installation
and operation of electrical and water service for operation of the Bungee Jump
and Climbing Wall.
4. The Licensee agrees that persons employed by Licensee for purposes related to
the installation, operation or other purposes under this License are not
employees of the Licensor for any purpose whatsoever, including unemployment
tax, social security contributions, income tax withholding or workers
compensation, whether state or federal. Licensee agrees to pay and be solely
responsible for all applicable taxes, both state and federal, in connection with the
amount paid by Licensee to Licensor.
5. Licensee duties and responsibilities pursuant to this License Agreement are as
follows:
(a) Licensee shall provide a "Euro Bungee" with aluminum framing,
trampolines (3' H x 15' diameter), adjustable bungees attached to
110V wenches, safety harnesses and other safety features; and a four-
sided faux-rock climbing wall, 24.5' high, with mountain climbing rated
safety harnesses and other safety features.
(b) Licensee shall setup the site, including securely anchoring the Bungee,
fencing off the area, and setting up an area for ticket sales.
(c) Licensee shall operate in or on the Premises, as designated by
Licensor. Hours of operation shall be daily (seven days a week) from
9:00 a.m. until 10:30 p.m., except during inclement weather. The City
reserves the right to shut down the operation of the Bungee if, in its
sole discretion, it is in the best interest of the city, or to protect the
safety and welfare of the public.
(d) Licensee will ensure that the concession is a temporary structure that
can be broken down within 2 days if needed.
(e) Licensee will ensure that the concession is run and operated by
properly trained employees, all of whom are uniformed in matching
company tee shirts and shorts.
(f) Licensee specifies that each employee have specific duties, which
include technical, safety, and operational support to ensure that the
operation runs safely and efficiently, and that Licensee has provided
any necessary and appropriate training for its employees to carry out
the operation in a safe manner.
6. Licensee agrees to provide comprehensive general liability coverage on an
"occurrence" basis in an amount of not less than One Million Dollars
($1 ,000,000.00) combined single limit bodily injury liability and property damage
liability with a minimum Two Million Dollars ($2,000,000.00) aggregate limit. The
Certificate of Insurance shall show the City of Clearwater as an Additional
Insured. The certificate must be provided to City of Clearwater prior to operation.
7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor
against and from any and all claims, demands, fines, suits, sections,
proceedings, orders, decrees and judgments of any kind or nature by or in favor
of, anyone whomsoever, and against and from any and all costs, damages and
expenses, including attorney's fees, resulting from, or in connection with, loss of
life, bodily or personal injury or property damages arising, directly or indirectly,
out of, or from, or on account of, any accident or other occurrence in, upon, at or
from the Premises, or occasioned in whole or in part through the use and
occupancy of the Premises, or by any act or omission of Licensee, or any
employees, agents, contractors or invitees in, upon, at or from the Premises or its
appurtenances.
8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe,
clean and proper manner; (b) secure any and all licenses or permits required by
any governmental agency or authority with respect to Licensee's operation of the
Bungee, occupancy and use of the Premises; (c) secure and be responsible for
the security of the Bungee at close of business each day and during hours of
non-operation; (d) not make or permit to be made any alterations, additions or
improvements in the Premises without the prior written consent of Licensor; (e)
not permit any mechanic's lien to be filed against the Premises by reason of any
work, labor, service or materials performed at or furnished to the Premises; and
(h) abide by all rules and regulations established by Licensor, from time to time,
with respect to the use and occupancy of the Premises. All signs used at the
Premises shall be subject to Licensor's prior approval.
9. This License is personal to Licensee. It is not assignable, and any attempt to
assign this License will terminate the License privileges granted to Licensee
hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any
manner transfer this License Agreement or any interest therein, nor sublet all of
any part of the Premises or license considerations therein.
10. Licensor may terminate this License Agreement immediately, at will, in Licensor's
sole discretion, with or without cause. This License Agreement may also be
terminated at any time upon the mutual written agreement of Licensor and
Licensee.
11. Nothing contained herein shall be deemed or construed by the parties hereto, nor
by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto it being understood that
nothing contained herein, or any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of
Licensor and Licensee.
12. All notices to either party must be sent by U.S. Mail to the address below:
As to Licensor
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
As to Licensee
Emerald Coast Bungee
c/o Dan Northcott
924 Mandalay Avenue
Clearwater, Florida 33767
Miscellaneous Provisions
13. The provisions of this License shall be binding upon and inure to the benefit of
the heirs, personal representatives, successors and assigns of the parties, as
permitted herein. Any provision hereof which imposes upon Licensor or
Licensee, any obligation after termination or expiration of this License
Agreement, shall survive termination or expiration hereof and be binding upon
Licensor or Licensee.
14. Licensee agrees to comply with all local, state, and federal statutes and
ordinances, and is responsible for obtaining all necessary state and local permits
prior to setting up and operating the Bungee.
15. All advertising or related communications pertaining to Licensor must be pre-
approved in writing by the Licensor.
16. Licensor shall have the right to enter upon the Premises at all times. Licensor
shall not unduly interfere with Licensee's business.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LICENSEE:
EMERALD COAST BUNGEE, INC.
Dated:
Signed in the Presence of:
By:
Dan Northcott
President
Countersigned:
LICENSOR:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
Attest:
Cynthia E. Goudeau
City Clerk
The foregoing instrument was acknowledged before me this day of
, 2005, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
City Council
~,""'''''"', Agend~~9ver Memorandum
~~-\
JI.b
Tracking Number: 1,200
Actual Date: 04/07/2005
Subject / Recommendation:
Approve the final plat for "SANDPEARL" located on Mandalay Avenue north of San Marco Street
and south of Rockaway.
Summary:
This is a replat of a portion of three existing subdivisions, The Revised Map of Clearwater Beach,
Miller's replat and Clearwater Beach Park.
This plat also includes portions of vacated Rights of Ways of Ambler Street, Gulf Drive, and
North Gulfview Boulevard (formerly Gulf boulevard)
The property is within the city limits of Clearwater consisting of 6.0 acres more or less.
The final plat will create 2 lots for the future development of Sandpearl.
This plat will facilitate the redevelopment of the property known as Clearwater Beach Hotel
The proposed project was approved by the Development Review Committee on January 5th,
2005
The property is zoned as Tourism.
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
03-11-2005
13:09: 10
Garrv Brumback
03-23-2005
12:11:06
Michael Ouillen
03-11-2005
13:21:53
Bill Horne
03-23-2005
15:04:29
Cyndie Goudeau
03-23-2005
15:42:35
Location Map
SOMERSET
I I
CAMBRIA
I I
IDLEWILD
I I
I
ST
D~D
PROJECT
SITE
GLENDALE
I I ROYAL AY
HEILWOOD D
IAVALON I ~ ~o \y!
I I w..( "tl
KENDALL Juanita ~ ~ ~
I I D~ ~ g
BAY ESPLANADE
D
PROJECT
SITE
Pier 60
N City of Clearwater
w4t, Public Works Administration I Engineering
~Clmarwater PROPOSED PLA T
SANDPEARL
-'~ s
U~ Drawn By: S.K. Reviewed By: T.M Scale: N. T. S.
Grid # 267A S-T-R 8-29s-15e Date: 03/10/05
(J\l- L S- ;).
;'~~"J)'.'i!iJttJpt,' City Council
~'~
U , ",..""".".,ii' '"..._~~!!da cOv~,!:,.,.~~.I1!,Q!~n~~.~
/I, -,
Trackino Number: 1,220
Actual Date: 04/07/2005
Subject / Recommendation:
Appoint Lorelei Keif to the Library Board with the term expiring on April 30, 2009.
Summary:
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Jan Regulski
MEETING DATES: 3rd Fri., 10:30 am
PLACE: Library Conference Room
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 04/07/05
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Manoj Haresh Shewa - 8133 81st Street North, Largo, FL 33777 - Original Appointment
08/05/04
Interest in Reappointment: NO (Resigned/Moved to Largo)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Michele F. Krentzman - 505 N. Glenwood Ave., 33755 - C.P.A,fSelf Employed
2. Phyllis Phillips - 1456 Monte Carlo Dr., 33764 - Realtor
3. Lorelei Keif - 210 N Betty Lane, 33755 - Clinical Social Worker
Zip codes of current members on board:
1 at 33755
1 at 33759
1 at 33761
1 at 33764
1 at 33765
1 at 33767
Orioinating: Official Rec and Legislative Svc
Section: Consent Agenda
Category: Other
~b
City Council
___;;";~~enda~_CC!y.!!.r Memora I"!,~ u m ~,;,.,,,,.,~"'_"~.~,_~"_
Number of Hard Cooies attached: 0
Public Hearing: No
Financial Information:
Tvoe: Other
Review Aooroval
Cvndie Goudeau
04-05-2005 09: 17:41
RECEIVED
NOV 2 4 2004
CITY OF CLEARWATER - APPLICATION FOR ADVISORY;B~A~RDS AND
, (must be Clearwater resident) iL?;: ~.ATNf: SRVCS DEPr
Name: Ih t'Che/-e r KY'en fz m4/1,-
Home Address:
5()tr /U. G/<2nwood 4v..{.
CI-earCJ.XJ-ffr F L Zip 3~ 7~-r
Telephone: 1d--.l - L/L/7 - 47d...S~
How long a resident of Clearwater? 4D ~ rs .
Occupation: C. P. IJ.. Employer: S e lof - .Q rn f /0 1-e.t:l,
Field of Education:, :\Otherwork Experience:
~A. U (1,\), 8 ~aio(' ~1"'Jv
F-QlJ lutt ~ 01 'A ~ QUD(.01i'; ~
-.flus sHY ~ f 0-LI lA ~.=)
If retired, former occup~tion: //JIll-
CommunityActivities:.fOYWt~r J3~rd ok DI(pcf-tlr rVI'Pfhbe V' '-e~e
Ok IJ)ome,'" Ut}+~rs) ~l>t::.el'\+ tlerd-^j: fo.v~). YfVlCI'I ~6Wlf1\d+ees
Other Interests: Pion 0 Ma.1~ C beJ,'hI1f'r)) J.., eA..rt'\1 J C::;~h.~h
Board Service (current and past): Board Preference:
L \JJ V ~bDII ~ ') L I P,RR-tt\{ AJ)U ISoRY
nCt'!{) () Uf\.l(~T 1..ll
f
Office Address:
100/ p/fJelhS- S+
t1(ec..r~ FL Zip
Telephone: 7ri.. 7 - 'I- Vb - S~-y
Additional Com~ents: J (lp~e~ ,~ ~ e;91J _~~ {MV~ ~L
~1.ff~ _"~~-r~o ~ l~, ~ ~
Signed:~=1 ~
Date:
Il~O~
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~ ~~ f-k ~~ _~ ,/1.~~ ~ ~-PAa~
~ t;::::::: p~:;;: ;;:;:1~
'6f::::t ~ Ih~ aa- -p& ~
/I. ~ '. ~
2. ~ve you ever observed a oard meeting ~ c~, the
City's TV station?
No
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
.~ ~ r/J~~~~ fwm fA '>f ~ ~ IJ~ ~ mu--
~~:~~~7~~
~kk,~~r::~~4~
4. Why do you want to serve on this Board? ~ ~ .
J ~At:t U-- ~ d)1 ~ ~ h- (7~
4 ,
-p- /l1{J ~ (Jht~ ~ /~ ;bW ry
, . - {j
~~~,
Name:-"h i che (-Q f. Kt"e-n12M-='\.1"\....
Board Name: J., \ b rarl1 A:l tJ l SOfi
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~S'Al REOJ;;OS N"lt '
Name: ~ ~l'" ~ \. ~m:be Clearwater resident) , rSLATi'IE SO' ,r::,: "'F:.'
Home Address: " ~ ~ Office Address:
~~bto 0\&....tL ~--t\~ ~
~('4n.~la \~ ZiD ~~1 L~
Telephone: 5~l- 5 ::2.-(3
How long a reMt of Clearwater?
Occupation: ~~~
Field of Education:
~J9~~ft~
.Ll.tt s.. ~I
If retired, former occupation:
Community Activities:
RECEIVED
NOV 15 2004
Zip
Telephone:
~ ~ c;,. r..-o{~
Employer: ~ ~ J:\-.. k()
tkr-J
~~1
Other Interests:
~, Service (curr~nt an~
~k~~\ '
Additional Comments:
Board Preference:
L.h.=-6
Sign~:~~~
Date: 0.~.
~l RJ .::16<<.t-
/
See attached list for boards that require financial disclosure at time of appointment. Please retum this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
. ~~D ~?~-\-'n
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
, ~o
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
~ lJ~"'1
u..~..~
~\\
.TJ.. q~ ~
4. Why do you want to serve on this Board?
-.--L., -
l D ~ l'L "'!::L
~~v~\)
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RECEIVED
(If.~ ~~
CITY OF CLEARWATER - APPLICATION FOR ADVISORy~&j005
(must be Clearwater resident)
Name:
lo /'e., {e;
lJe-1' f
OFFICIAL RECOROS AND
LEGISlATIVE SRVCS OEPT
Home Address: Office Address:
. 1. \ 0 No("+k Vb.e H-t La..vt,L 404-, S o~J.4 f+-.. *~COO;1 ,4-.fte.
t(ea,~Cl.-kt I A- P ZiD 33~f c.{.etlh():l~ I ft- ZiD 331S4'
Telephone: 1 ~ 1 - 44-5' -q ~ ~ 2- T elephone:1 2- 1 - 4u ( - 0 I 6 3
How long a resident of Clearwater? 2 7~ lo...t +- ill\, a~Ot 6i\(Ce.. Lq 8 b'
Occupation: l-Jc. el.''''-t~{ ~c..tt:L.1 W:>Aer Employer: -s.e-L+
Field of Education: Other Work Experience:
~ A- -fv-o oM Uq,4hC! '" Q"l CO l ~ ~ d'1vdc ~cJu G<. ~-i'C_ kO":)Vl -ltLls
K~,vV ~'^'" ftc.nd~ <~t: U,^W, ~~, ~ ~~ Lr?lc..ol~)
If retired, former occupation:
Community ActivitiesJr, J-e 01- c..u,V -i;)~I"1,l~\.L~(~) &~ of
~to/\ t ~ t(~et-l-er .I+i~<te,,'c..tt. <~-iC ~~J 1Io1-utke-r.
Other Interests: -;;qrccp h "O/~ I ("-~ I ~ c/.t,-l~ ticfrJ,~ ~!
Board Service (current and past): Board Preference:
c-L~ttietr ~g~~f<.&t.t ~oc:Jc7- ~1- li\p~ (3Do../d
k~~'oll\ Dc) Sch-.l V3~- pet.~
~~.\.i!(.K e:td. c.~~, 1O;::>ct/C- r'~
v.>'-o'lo./ L;1P4J<... '*' u..IA1-~ ')~d -~-f- - I J
dditional ~mments: J. l 00 It.. -tQt'VJ ctrd -h>-t1^<-
PI'!"'c r4--V1I\.11r -to f 0'0, j 1,'1. ~ 0"" ~ I~ l.o DaY c! . I ~;e.l iCNt..- .",
~ ~t'''i~,''oA~ ~ t, ~.
Signed: Date: 3 -l..-e -C>~
See atta ist for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 '
S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Ac.f ~~ Ctolv'i'i)or ~ 'D l'yec+or t)f ~ ~"kJ~1r1
:l, Q,,~1>< 1<>", 001\, l c...~ ~ov.:t;J ~ Ubrtlrf.
Uel~ (-?~~, -1k<.... t ~~ b ~1 ,t~ CD~~7 '
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
I'-lo .+... ~ lLlO'~ boct,rJ ~-/q b....A- .1: ~ w"q, ~
~ ~ I '
~-~ tow"'-- tM.-i ~~ 1G:>.I\, I/IA.-'~ (SI >"\ +,1. .
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
-r: U6lu-f ~ cl 0"" ~ I L:;oct~ a~ cl 1.).A,t-cklskhd
~. f~c.e<'~ . ~ -+tt, lPa.,r I lJ/lUi' 0.vea.-fo-r bf
~oc...-t~( ~vl-. ()..+ tL. lCc..Ct ( k.OVI~ (~d ts>v"1o'y/ited
~ t4<a.l'1 u.d dam OA-d ~+ <L-oA-- '4 ~ ~ ~C(..ts .
J.,.,~, ~cPecl' (r~ dl~C{S ~ lNc/L we)1 elA.-. ~
~ . I. a. ~ ~ I, l,r~'1 --N..(;Lc. +.f'Cl,r-, .
4. Why do you want to serve on this Board?
I=- b-e{&~ l'-t.. ~ l;b~r-r ~ W'ct,VL,+ o~ ~~k
~ ~c.{)~ ~tJ..re of 4~ vt{~k tt~~~ l~ ~~
Uy>A,V-~()J'7" I VAtl,1,+- ~ ~, ~, ll<~~~ U)^~~
i-<>~:;j 1'4.,. ~ /I.J~'5.
Name: ~V'e<k-,' l ~ f
Board Name: lfi~ Vli1 ~ oC{vd
b~ L ~-S
~&,' '. '.,' ,.""m, ,'", ,,71 ~jttMer"'.,',.,, ,",
U~
City Council
A~~,~a Cove,!:."~em~,~.~!__~,.~,n:L,,,,_. ,,_~,.,.~~
I I a
Trackina Number: 1,194
Actual Date: 04/07/2005
Subject / Recommendation:
Reappoint Laurel Braswell, as a resident in one of the City's Revitalization Strategy areas and
Josephine Carbone as a East Clearwater resident, to the Neighborhood and Affordable Housing
Advisory Board (NAHAB) with terms expiring on April 30, 2009.
Summary:
City Council
.. ,,~9.~nda..~oY!.r.,,~~,~ora I!..~.u m ,,_,.'~_'"
b
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
CHAIRPERSON: Laurel Braswell
MEETING DATE: As Called
PLACE: Determined when called
APPTS. NEEDED: 2
STAFF LIAISON: CHUD-Howie Carroll
DATE APPTS TO BE MADE: ASAP
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Residential Bldg Industry and/or
those areas of labor engaged in residential bldg industry; banking/mortgage industry; advocate
for low income housing; provider for low income housing and/or real estate industry; resident
from one of the City's Neighborhood Revitalization Strategy areas; City resident; and resident
East Clwr area.
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Laurel Braswell - 1609 Myrtle Ave. N., 33755 - Original Appointment 07/12/01
resident from one of the City's Neighborhood Revitalization Strategy areas
*Completing a term
2. Josephine Carbone - 2678 Country Club Dr., 33761 - Original Appointment 10/07/04
resident East Clwr area
*Completing a term
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Laurel Braswell - 1609 Myrtle Ave. N., 33755 - Decorator/MFA-Pratt Institute Merchandising
Management
resident from one of the City's Neighborhood Revitalization Strategy areas
2. Josephine Carbone - 2678 Country Club Dr., 33761 - Sales/Retired
resident East Clwr area
Zip codes of current members:
1 at 33755
1 at 33759
1 at 33761
2 at 33764
1 at 33765
1 at 33767
Originatina: Official Rec and Legislative Svc
Section: Consent Agenda
Category: Other
~
City Council
~~~da cO'!..~.~.~"!,,!!1_~.!a ~~ !-!~
Number of Hard Copies attached: 0
Public Hearina: No
Financial Information:
Type: Other
Review Aoproval
Cvndie Goudeau
'~_I*~~_*;~"~~>\(,,*,'~"k~~~~I>II1i*!<~.;lfmm;~;>i<~~'~,,*,,~*'*m>,'W~I~,~;;;ili<~n,';';~~'~;~;*;*~i':'iol'I'",,$;"~~*;";O!lli~,"'m~~~:FfI1~I*_""1>1<
04-05-2005 09:04: 10
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
I . (must be .Clearwater resident)
Name: ~.LJV;e.e- ?, ~ ..2:?.,e,'9::S"'"A./z #'
Home Address: Office Address:
/ut1'l ~~.eD.~ /ll/E.A/r q//<Yf~7Zr/~M
(!.Ae7r~W/)re;e ZiD :3'376'5 t!-~lt/U7l7C~ . ZiD ~":5755
Telephone: /7~7) -9'-"#-88/9 Telephone: (7z,.?}#.I/~-p?/7f
How long a re~dent of Clearwater? /~ fOZ-J' .
Occupation:.L>.s-~,d,e/fJ7;"e- Employer: G~/~/,;V ~;;e/o~
Field of Education: Other Work Experience:
/?/r/J - ?zA7T ~rrr~ ~t1.::r~/~AT~7=-
. ,!/
/?;?~//#A/lJ/.s/A/d- 2>EPl: d'F LABd'Z
~ '
/rlAA/A6-~/nhVr -S//I?C dP r~t1ie/~
Ifretired, former occupation:
Community Activities:
I '
Other Interests: 7~
, .
Board SelVice (current and past):
Board Preference:
NA~AB
Additional Comments:
Slgned:~.~~te:~ -:ZS:/~/
/ '. ~ ,-
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue ,1 \ II
\I N. ~(~:t~w()O ~ r'CSl c4~f v(", +- RECEIVED
k 1 rJ~ h.o.. r" 7 frd--!O/ M-t;r JUN 072001
~; (-\- \ ""~ d -k c-, L.. k. -k..."" --f-v '1/30/0 5 CITV CL~RK f)~PMlTMENl
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities]
~&0'.c-=-~ /?7~;N~'~~ I ev~/v~/e-
. , . .
~/Jtf ~~dfPP"~f m (~~A!JdV"/ --;x'~-#' ~
/ .
/~A/ ~ ..h?~~~~~ /E~,;$/h,A/,7:r
. ?<'o/,IO~~-r k~"7'
, /
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station]
~~-,~~7'~h~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
::I r;7~/ fi,$' A ~&:>7/.rd/ ~;r 7k
A/0~ge;h"'p,/"t9d fi~/(7 .~~ ,/O//?/dS'l'" Zd~~.
. / /
7A,!Ov~ #Vdvfl/l ~LY.f~~~L. ~ /fl/c/~
/J7~~~ L'~?'~~...J ~/7? ,.AJ4'" E~~/J:--kd
P//1i:6 ~ vf,ht'~ 1~;P#c/ /,J p.;e/~ 0'~~ ~m:J.
4. Why do you want to serve on this Board?
.:2i/i~ /#1. p4 ~,,# t';~;';U* .IL-
,""~v?;~ ,;,A/ ':J'h.4- L'01fi?.e"P/~' 2/1.& ,4,~,rJ
~ ~# t1k~..v fiAld Jt//"#~-~4/Yfi;V'
,
/17eHlA/tNh,;n :7sF",e/;'P//V;,.J -1?b/ 7'
. , I -/'~
/n,lOK/U; A> ~~/I7//t/'& /.,#,vz:L-.
Na~~/ Board Name: d1U~~! ,
RE IVE ,/J;I~.ub~L 1f;'T/A/"-f
JUN 07 2tI01 . 71/,."";.r7...tt",..e./
CITY CLERK DEPARTMENT
RECEIVED
JUL 1 9 2004
CITY OF CLEARWATER - APPLICATION FOR ADVISO~~OARDS
(must be Clearwater resident) ~E._/CIAL RECORDS AND
" / /'".; ') 'I.:1/SLATlVE SRVCS DEPT
Name:_io s </) fi I;? c: C!~ / dUn -e-,
,
Home Address:
~~n 7)c.;L (~j) ~,
CJd~' pJ.-- Zio .3s,}~)
Telephone: 7.;.2 7- 7 7 ~' -f/( 1/
How long a resident of Clearwater?
Occupation" ,.'
Field of Education: '( .,' ~) (I
/-f!;~~ 7Ld s- "
<~~A~~' ~~~7
.J7 . / ~')~
.' ....::J<;-.::..,..,~___ l!-,,- L LA..o ('"-"; . '. _ . _ ' " ,
If retired, former occupation: !/ ' f::j) c.: ,~). , ..:.._,;"'-,',','.dJ.,.j.~.S-,;4S.)l
Community Activities: / 0 C'~ 0 \
./
Office Address:
Zio
Telephone:
,.'
L:~ ~ ~ c..b.h--,
r (]
Signl..t _ - ' Date: 7 ~ ,1-- y-
.' " , . / I
See a(~eJ'li'st for bo~;~S that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
'.
2. Have you ever observed a board meeting either in person or on C-View, the City's
.,ry station?
....x-J
..".'
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
e~~_~-L..
'l-9-.' ..--:/.;'; ,
v"'~___'~ v,~,
..,/"
Why do you want to serve on this Board?
J.-L~ d ~, ~ z;L... ,~~ .u~'
. ./ /' ,. /~
,,-je~ r:,L~~ ~~-.~ y ,d)k~"
, J ' ,', c.,/, - /' // ' , .'
'7~..;" ~~ ~
- ././
Nam.:(hL~~o.. .
BOard":q'<'-3dL...j~~L~ ~
~~~:., ~~
..
o
..
..
u
City Council
,,,,,,,,,,,,,_~!:,da Cover ,Memorandum
t.f\-\~
JL q
Tracking Number: 1,231
Actual Date: 04/07/2005
Subject / Recommendation:
Approve a settlement in the case of P. Thanh Nguyen & T. Kim-True Nguyen v. City of
Clearwater in the amount of $10,000.
Summary:
Plaintiffs owned property at 3006 Gulf-to-Bay Blvd. that had been leased as an adult nightclub.
The tenants vacated, and the subsequent tenants were denied an occupational license for use as
an adult nightclub because it was a non-conforming use.
Plantiffs sold the property in 2002 for $415,000,which they claim is under market value because
there were no other viable economic uses for the property. Property was again sold in October
2003 for $657,500.
Plantiffs filed a suit claiming damages under 42 US ~1983 for depriving plaintiffs of the
economically viable use of their real property.
Originating: City Attorney
Section Consent Agenda
Category: Other
Public Hearing: No
Financial Information:
Tvpe: Other
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$10,000.00
Annual Operating Cost:
$0.00
~~
~
City Council
__~.,.,."".,.,_.~-gend~ ~over Memorandu~""._._..___
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$10,000.00
Amount
$10,000.00
Comments
Appropriation Code(s)
0590-07000-545900-519-000
Review Approval
Pam Akin
Cvndie Goudeau
Tina Wilson
03-24-2005 10:47:21
03-28-2005 08:39: 17
03-24-2005 14:35:55
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
P. THANH NGUYEN and
T. KIM-TRUC NGUYEN, his wife,
Plaintiffs,
v.
Case No. 8:03-cv-248S-T-JSM-MSS
CITY OF CLEARWATER, a Florida
municipal corporation,
Defendant.
I
CONTINGENT SETTLEMENT AGREEMENT
The undersigned counsel for the City of Clearwater will
recommend to the City Council approval of this agreement at the
next meeting at which the matter may appropriately and lawfully
be brought.
Contingent upon City Council approval, the parties agree:
1. The above-captioned case shall be dismissed with
prejudice, each party to bear his, her and its own costs and
attorneys' fees. Each side agrees to pay equally its share of
the mediation fee.
2. Defendant City of Clearwater shall pay to the Trust
Account of Thomas C. Little, counsel for Plaintiffs P. Thanh
Nguyen and T. Kim-True Nguyen the total amount of $10,000.00.
Plaintiffs will execute an appropriate release in a form
reasonably satisfactory to the parties.
Done March 22, 2005 in Tampa, Florida.
'a==~. G~\t
Peter J. Gr Ill, Esquire
Florida Bar No. 237851
Mediator
Peter J~ Grilli, P.A.
3001 West Azeele Street
Tampa, Florida 33609
813.874.1002 Fax: 813.874.1131
--'"'----J cy:t:(.'l /L~.- 17----z4,,1-
Plai/tif:f' P. Thanh Nguyen,
/1 "
") "
Il\.--,.. , , --1-/ ,'. c. /:;.} . I "
'i ,'lJtL ,-[.t"t^---.f,lu ':12 G 1/ h( C-
Plaint~ rb<' Kim-True Nguyen I
(
Counsel for Plaintiffs
~&,,",'r.ma, "."',tterprJ,,'., ,,:.,',
u~.
\"".J ~ 1, u,:,..r''':",,)1-,''~ '........,:....,';,~~" ." ".i
~\_J-\2.... - \
Purchasing Memorandum
City Commission
04/07/2005
Agenda Number: 3476
II ,to
1 A2enda Item No: 11.1
Type: Purchase
Quantity: 4
Requesting Dept: Solid Waste/Genera] Services
Using Dept: Solid Waste/Genera] Services
Bid Number or
Code Exception:
VendorInfo:
Description:
Comments:
Amount:
$ 299,440.00
City of St. Petersburg Bid 6285
Heil Environmenta] Industries, Chattanooga,
Tennessee
Purchase four Hei] Durapack DPF-7000 side loader compaction bodies from Heil Environmenta]
Industries at a cost of $299,440.
Piggyback City of Saint Petersburg Bid 6285. Rep]acements for G 1668, G] 746, G] 747 and G] 748. Lease
purchase financing.
The bodies will be installed on four Peterbilt cab and chassis that were awarded by the City Council on
February 3, 2005.
Appropriation Code(s):
03] 6-94234-46] 000-519-000
Comments:
Project code
Debt service: Principal- 0566-066]2-57]300-582-000
Interest - 0566-06612-572300-5]9-000
'~~ ~ \
~~J ~ ~:d~;:~:i~emorand~m _.__._._._~~~-----
Tracking Number: 1,177
Actual Date: 04/07/2005
Subject / Recommendation:
Pass Ordinance 7381-05,on first reading, revising Appendix A, Schedule of Fees, Rates, and
Charges, Buildings and Building Regulations (related to Sec. 47.083), code of ordinances, to
charge a Refundable Permit Fee of $200.00 to holders of expired permits.
Summary:
Some contractors are doing work within the city who fail to call for final inspections on their
project. As a result many permits are not "closed out" and therefore expire. It takes an
extraordinary amount of time outside of the normal processes and procedures for City staff to go
back, research, follow up, and enforce on expired permits.
The goal is to try to eliminate expired permits and ensure that construction has met the Florida
State Building code requirements. To accomplish it, staff is recommending a $200 refundable
permit fee be placed against holders of expired permits, as follows:
(1) The city will mail letters to contractors to notify them of a one time only gO-day amnesty
"grace" period (upon enactment of the ordinance) that will give them the opportunity to close
out any expired permits.
(2) Once the grace period is over the holders of expired permits will be charged a $200 permit
fee for each new application or renewal of previous permit application.
(3) The $200 permit fee will be maintained in a City liability code and refunded if the permit
holder "closes out" the permit through the final inspections. If the permit holder does not close
out the permit and the expiration date occurs, the $200 fee will be forfeited and recognized by
the City as a revenue at that time. The budget will then be amended to recognize the revenue
on a quarterly basis, if deemed necessary by the City Manager, provide funding to Development
and Neighborhood Services Department through budget amendments to provide temporary
personnel support to appropriately follow up with enforcement action on the permit holder.
The Development and Neighborhood Services staff has met with the Pinellas County
Construction Licensing Board (PCClB) and the Tampa Bay Builders Association (TBBA) and they
are in agreement with the proposal.
Taking these factors into consideration, staff recommends approval of the attached ordinance
no. 7381-05, to amend
the fees to add a $200 refundable permit fee for expired permit holders.
Oriainatina: Devel/Neighborhood Services
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 03/06/2005
Financial Information:
ater
City Council
__~nda Co~~.~ Memorandum
Review Approval
Jeff Kronschnabl 03-01-2005 10:15:48
Garrv Brumback 03-23-2005 10:58:46
Pam Akin 03-01-2005 14:31:06
Bill Home 03-22-2005 13:52:55
Tina Wilson 03-21-2005 15:01:34
Cyndie Goudeau 03-23-2005 11:43:04
ORDINANCE NO. 7381-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING AND DEVELOPMENT
REGULATIONS; AMENDING APPENDEX A SCHEDULE OF FEES,
RATES AND CHARGES RELATING TO SECTION 47.083; FOR A
NEW REFUNDABLE BUILDING PERMIT FEE OF $200.00 FOR
HOLDERS OF EXPIRED PERMITS; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of fees, Rates and Charges, Code of Ordinances, are amended to read:
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
*
*
*
*
*
*
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with building and related codes
requiring a permit, the following schedule of fees shall apply:
* * * . * .
Building Official may assess special fees per written policy for:
1. Work not ready for inspection (re-inspection fee):
a. First occurrence... ..... .... ........................... ...... ................................ ....... ............... ............ ........................ .32.00
b. Second or subsequent occurrence .............................................................................................................80.00
2. Follow up on permit:
a. Failure to request inspections ...............................................................................................50% of permit fee
b. Minimum fee...................... ............................. ..................... ....................................................................37.00
3. After-the-fact permit:
a. First occurrence ...................................................................................................................... Triple permit fee
b. Second or subsequent occurrence by the same contractor, any job
site in city ...........................................................................................................................10 times permit fee
4. Filing service fee, for notice of commencement
(this is in addition to county clerk's charges) .................................................................................................10.00
5. *Expired permit holder's fee........................................................................................... ..200.00
*A $200 fee is to be charaed to holders of expired permits. This fee may be refunded upon completion of all
requirements to "close out" the permit throuah final inspections.
*
*
*
*
*
*
Section 2. This ordinance shall be effective immediately upon adoption.
PASSED ON FIRST READING
,2005.
PASSED ON SECOND AND
FINAL READING AND ADOPTED
,2005.
Approved as to fonn and
Attest legal sufficiency:
Frank V. Hibbard, Mayor
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E Goudeau
City Clerk
Old. 7319-04
1
...
o
..
-
FN-\
City Council \d' d
A~da Cove~ Memorandu!!1_____."~____,..""~,_.,,"__,,_",,..,""',,.,'_,,_,~...__..,
Tracking Number: 1,197
Actual Date: 04/07/2005
Subiect / Recommendation:
Adopt Resolution 05-17 authorizing the refunding of the outstanding Stormwater System
Revenue Bonds, Series 1999 and authorize the appropriate officials to execute same.
Summary:
The Stormwater System Revenue Bonds, Series 1999 (interest rate 4.45% to 5.75%) are
eligible for advance refunding. The outstanding bonds are callable on November 1, 2008
through October 31, 2009 at 101 % of the par amount of the bonds outstanding and November
2, 2009 and afterwards at 100% of the par amount of the bonds outstanding.
Ordinance 6378-99 was adopted on April 15,1999 and Ordinance 6931-02 was adopted on July
18, 2002. Both ordinances authorize the issuance of Stormwater Revenue Bonds by resolution.
With interest rates in such a state of uncertainty, at some point in the future it may become
beneficial to do an advance refunding of this bond issue. By passing this resolution, the City will
be prepared to move quickly and realize the maximum savings possible. The latest estimated
present value savings of refunding the Stormwater System Revenue Bonds is $370,444.29 or
5.894%.
The bonds will only be refunded if adequate savings are going to be realized.
The complete resolution (with attachments) is available in the Office of Official Records and
Legislative Services Department.
Originating: Finance
Section Other items on City Manager Reports
Category: Bonding
Financial Information:
~ Debt - Bond
Review Approval
Marcie Simmons
03-14-2005 11 :38:57
Garrv Brumback
03-22-2005 13:59:00
Pam Akin
03-14-2005 16: 17:45
Bill Horne
03-22-2005 20:01:07
Cyndie Goudeau
03-23-2005 09:41:32
RESOLUTION NO. 05-17
A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED $8,000,000
STORMW A TER SYSTEM REVENUE REFUNDING BONDS, SERIES 2005; SETIING
FORTH THE FORM OF THE NOTICE OF BOND SALE AND SUMMARY NOTICE
OF BOND SALE RELATING TO THE SALE OF SUCH BONDS; DIRECTING
PUBLICATION OF THE SUMMARY NOTICE OF SALE RELATING TO SUCH
BONDS; PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF
THE BONDS; SETTING FORTH THE OFFICIAL NOTICE OF SALE AND BID
FORMS; PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN FULL BOOK
ENTRY FORM; APPROVING THE FORM OF AN ESCROW DEPOSIT
AGREEMENT; APPROVING THE FORM OF A PRELIMINARY OFFICIAL
STATEMENT; PROVIDING FOR COMPLIANCE WITH A CONTINUING
DISCLOSURE CERTIFICATE; DESIGNATING A REGISTRAR AND PAYING
AGENT; DESIGNATING AN ESCROW HOLDER; AUTHORIZING THE
PURCHASE OF A MUNICIPAL BOND INSURANCE POLICY; PROVIDING
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on July 18, 2002, the City Council of the City of Clearwater, Florida (the "City"
or the "Issuer") enacted Ordinance No. 6931-02, amending Ordinance No. 6378-99 (collectively, the
"Bond Ordinance") to provide for the issuance of City's Stormwater System Revenue Bonds, Series
[to be determined], in one or more series from time to time payable from Parity Pledged Revenues
(as defined therein).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, as follows:
SECTION 1. AUTHORIZATION OF BONDS AND SERIES DESIGNATION;
AUTHORIZATION TO REFUND BONDS. That portion of the Stormwater System Revenue
Refunding Bonds, Series 2005 authorized by the Bond Ordinance being offered pursuant to this
resolution is hereby designated as the not to exceed $8,000,000 City of Clearwater, Florida,
Stormwater System Revenue Refunding Bonds, Series 2005 (the "Series 2005 Bonds"), which Series
2005 Bonds are hereby authorized to be issued. The proceeds of the Series 2005 Bonds shall be used
to (i) advance refund a portion of the City's Stormwater System Revenue Bonds, Series 1999, (H) pay
the costs of issuing the Series 2005 Bonds, (Hi) pay the premium on the bond insurance policy, and
(iv) to make a deposit to the Reserve Fund.
The City's Stormwater System Revenue Bonds, Series 1999 maturing on and after November
1, 2009 (the "Refunded Bonds") are hereby authorized to be refunded with the proceeds of the Series
2005 Bonds and other funds legally available to the City with a redemption date of November 1,
2008. The Finance Director is hereby authorized and directed to determine the amounts necessary
to defease the Refunded Bonds and the dates on which the Refunded Bonds will be redeemed.
Resolution No. 05-17
1
SECTION 2. PUBLIC SALE. There is hereby authorized to be sold pursuant to a public
sale not to exceed $8,000,000 City of Clearwater, Florida, Stormwater System Revenue Refunding
Bonds, Series 2005.
SECTION 3. SALE OF SERIES 2005 BONDS; REDEMPTION AND MATURITY
PROVISIONS. The Finance Director is hereby directed to arrange for the sale of the Series 2005
Bonds utilizing the electronic bid process of P ARlTY through the publication of the Summary
Notice of Sale of the Bonds in The Bond Buyer. on such date as shall be deemed by the Finance
Director to be in the best interest of the Issuer and such publications to be not less than ten (10)
calendar days prior to the date of sale as required by Section 218.385(1), Florida Statutes; and to
publish such Notice in such other newspapers on such dates as may be deemed appropriate by the
Finance Director.
The Series 2005 Bonds shall be subject to optional redemption and shall bear maturities and
sinking fund amortizations as shall be subsequently determined by the Finance Director, upon
advice of the City's financial advisor and based on market conditions existing at the time, prior to
the publication of the Summary Notice of Bond Sale hereinafter approved.
Proposals for purchase of the Series 2005 Bonds will be received electronically via P ARlTY
as provided in the Official Notice of Sale, from the time that the Notice of Bond Sale is published
until 11:00 a.m., Clearwater, Florida time, on such date and time as may be established by the
Finance Director of the City or her designee, and if such date is subject to change, communicated
through Thompson Municipal Market Monitor (TM3) not less than twenty-four (24) hours prior to
the time bids are to be received for the purchase of the City of Clearwater, Florida, Stormwater
System Revenue Refunding Bonds, Series 2005; provided that if the internet is not working on the
designated bid date, the bid date shall be automatically changed to the next business day, and the
City will communicate a confirmation of this change in bid date through Thompson Municipal
Market Monitor (TM3), all as provided in the Notice of Sale (the "Bid Date").
SECTION 4. DISPOSITION OF PROCEEDS OF SERIES 2005 BONDS. The proceeds
from the sale of the Series 2005 Bonds shall be deposited as follows:
(a) An amount equal to the accrued interest on the Series 2005 Bonds shall be deposited
into the Interest Account in the Bond Service Fund;
(b) An amount determined by the Finance Director to be necessary to pay the costs of
issuing the Series 2005 Bonds, including the premium due to the Bond Insurer shall be used to pay
such costs;
(c) An amount determined by the Finance Director to be necessary to increase the
amount in the Reserve Fund so that the amount on deposit therein equals the Reserve Requirement;
(d) An amount determined by the Finance Director to be necessary to deposit with the
Resolution No. 05-17
2
Escrow Holder for deposit to the Escrow Account under the Escrow Deposit Agreement to defease
the Refunded Bonds.
(e) The remaining proceeds of the Series 2005 Bonds shall be deposited into the Debt
Service Fund under the Bond Ordinance.
SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of
Sale of the Bonds to be submitted for purchase of the Series 2005 Bonds shall be in substantially the
forms annexed hereto, as Exhibits A and B, respectively, together with such changes as shall be
deemed necessary or desirable by the Finance Director depending on the bidding method selected
in accordance with Section 3 hereof, incorporated herein by reference. The form of the Official Bid
Form shall be provided by the internet auction website selected by the Finance Director, and shall
be reasonably satisfactory to the Finance Director.
SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the
residents and inhabitants thereof that the Series 2005 Bonds be issued utilizing a pure book-entry
system of registration. In furtherance thereof, the City has previously executed and delivered a
Blanket Letter of Representations with the Depository Trust Company. For so long as the Series
2005 Bonds remain in such book entry only system of registration, in the event of a conflict between
the provisions of the Bond Ordinance and of the Blanket Letter of Representations, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 7. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The City Manager and Finance Director are authorized and directed to cause a Preliminary Official
Statement to be prepared in substantially the form attached hereto as Exhibit C, with such changes,
insertions and omissions as shall be approved by the City Manager and Finance Director, containing
a copy of the attached Notice of Bond Sale and to furnish a copy of such Preliminary Official
Statement to interested bidders. The City Manager and Finance Director are authorized to deem
final the Preliminary Official Statement prepared pursuant to this Section for purposes of Rule 15c2-
12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series 2005
Bonds to the successful bidder, the City shall also make available a reasonable number of copies of
the Preliminary Official Statement to such bidder, who may mail such Preliminary Official
Statements to prospective purchasers at the bidder's expense. Following the award of the Series
2005 Bonds, the City Manager and the Finance Director shall cause to be prepared a final Official
Statement dated as of the Bid Date, reflecting such changes in the Preliminary Official Statement as
may be necessary to reflect the purchaser's bid. The Mayor and City Manager are hereby
authorized to execute and delivery such final Official Statement, with such changes, insertions and
omissions as may be approved by such officers.
SECTION 8. CONTINUING DISCLOSURE. The City hereby covenants and agrees that,
in order to provide for compliance by the City with the secondary market disclosure requirements
of the Rule, that it will comply with and carry out all of the provisions of that certain Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit D, to be executed by the
City and dated the date of issuance and delivery of the Series 2005 Bonds, as it may be amended
Resolution No. 05-17
3
from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate").
Notwithstanding any other provision of this Resolution, failure of the City to comply with such
Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder may take such actions as may be necessary and appropriate, including seeking mandate
or specific performance by court order, to cause the City to comply with its obligations under this
Section.
SECTION 9. REGISTRAR AND PAYING AGENT. Wells Fargo Bank, N.A., through its
designated office in Jacksonville, Florida, is hereby appointed as Registrar and Paying Agent for the
Series 2005 Bonds.
SECTION 10. ESCROW HOLDER. Wells Fargo Bank, N.A., through its designated office
in Jacksonville, Florida, is hereby appointed as Escrow Holder for the Series 2005 Bonds under the
respective Escrow Deposit Agreement, the form of which is to be used in connection with the
defeasance and redemption of the Refunded Bonds and is attached hereto as Exhibit G and
incorporated herein by reference is hereby approved. The Mayor, or in his absence the Vice Mayor,
the City Manager and the City Clerk are hereby authorized to execute such Escrow Deposit
Agreement in substantially the form attached as Exhibit "G" upon the approval of the City Attorney
as to form and legal sufficiency, with such additional changes, insertions and omissions therein as
do not change the substance thereof and as may be approved by the said officers of the Issuer
executing the same, such execution to be conclusive evidence of such approval.
The Finance Director is hereby authorized to solicit offers from financial institutions to serve
as Escrow Agent under the Escrow Deposit Agreement for the Refunded Bonds to be redeemed,
and the Finance Director is hereby authorized to select the firm with the lowest bid to serve in such
capacity.
SECTION 11. FINANCIAL GUARANTY INSURANCE POLICIES. Pursuant to the Bond
Ordinance, MBIA Insurance Corporation ("MBIA") has been selected to provide its Financial
Guaranty Insurance Policy (the "Policy") as the Bond Insurance Policy (as defined in the Bond
Ordinance) as additional security for payment of principal and interest on the Series 2005 Bonds.
Selection of MBIA as the Bond Insurer (as defined in the Bond Ordinance) is hereby ratified and
confirmed and payment for such Bond Insurance Policy from proceeds of the Series 2005 Bonds is
hereby authorized. The Issuer hereby accepts the terms, conditions and agreements relating to the
Bond Insurance Policy in accordance with the MBIA Insurance Commitment attached hereto as
Exhibit E and incorporated herein. A statement of insurance is hereby authorized to be printed on
or attached to the Series 2005 Bonds for the benefit and information of the holders of the Series 2005
Bonds.
For so long as the Bond Insurance Policy is applicable to the Series 2005 Bonds, the
additional provisions set forth on Exhibit "F" attached hereto shall be applicable to the Series 2005
Bonds. In addition to the covenants and agreements of the Issuer previously contained in the Bond
Resolution regarding the rights of the Bond Insurer which are incorporated herein, the Issuer
hereby covenants and agrees for the benefit of the Bond Insurer and the holders of the Series 2005
Resolution No. 05-17
4
Bonds while the Bond Insurance Policy insuring the Series 2005 Bonds is in full force and effect, to
provide the Bond Insurer with copies of any notices to be given to any party pursuant to the Bond
Resolution or this Resolution, and to provide prior notice to the Bond Insurer of any amendments to
the Bond Resolution or this Resolution.
(a) Any notice that is required to be given to a holder of the Bonds or to the Paying
Agent pursuant to the Bond Ordinance shall also be provided to the Bond Insurer. All notices
required to be given to the Bond Insurer under the Resolution shall be in writing and shall be sent
by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk,
New York 10504, Attention: Insured Portfolio Management.
(b) The Insurer shall receive notice of any amendments to the Bond Ordinance or this
Resolution prior to the adoption of such amendments by the City.
(c) The City shall provide copies of all amendments to the Bond Ordinance or this
Resolution which required the consent of the Bond Insurer to Standard and Poors.
SECTION 12. A WARD OF BIDS. The Finance Director is hereby authorized to accept the
bids for the Series 2005 Bonds. The City Manager and the Finance Director are hereby authorized to
award the sale of the Series 2005 Bonds on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for herein so long as the true interest
cost rate shall not exceed 5.5% on the Series 2005 Bonds. The City Manager and the Finance
Director are hereby authorized to award the sale of the Series 2005 Bonds as set forth above or to
reject all bids for the Seri~s 2005 Bonds. Such award shall be final.
SECTION 13. PRIOR RESOLUTIONS. To the extent the provisions of this Resolution are
inconsistent with the provisions of prior resolutions regarding the Series 2005 Bonds, provisions of
this Resolution shall control and supercede the inconsistent provisions of such Resolutions.
Resolution No. 05-17
5
SECTION 14. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _ day of
Approved as to form:
Pamela K. Akin
City Attorney
.2005.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard
Mayor-Elect
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 05-17
6
EXHIBIT A
FORM OF
OFFICIAL NOTICE OF BOND SALE
$6,925,000"
CITY OF CLEARWATER, FLORIDA
STORMW A TER SYSTEM REVENUE REFUNDING BONDS, SERIES 2005
NOTICE IS HEREBY GIVEN that electronic (as explained below) proposals will be received
electronically via PARITY in the manner described below, until 11 :00 a.m., Clearwater Florida Time,
on ,2005.
Bids must be submitted electronically via PARITY in accordance with this Notice of Bond
Sale, until 11:00 a.m., Clearwater, Florida Time, but no bid will be received after the time for
receiving bids specified above. To the extent any instructions or .directions set forth in PARITY
conflict with this Notice of Bond Sale, the terms of this Notice of Bond Sale shall control. For further
information about PARITY, potential bidders may contact the financial advisor to the City, RBC
Dain Rauscher Inc., 100 Second A venue South, Suite 800, St. Petersburg, Florida 33701 Attn: Kevin
M. Conitz, telephone (727) 895-8853, or Parity at 40 West 23rd Street, New York, NY 10010, telephone
(212) 404-8102. In the event of a malfunction in the electronic bidding process, the bid date will
automatically change to the next business day as confirmed in a communication through Thompson
Municipal Market Monitor (TM3).
Form of Series 2005 Bonds
The Series 2005 Bonds will be issued in book entry only form, without coupons, in
denominations of $5,000 or any integral multiples thereof, and shall be dated the date of their
delivery. Principal of the Series 2005 Bonds shall be paid to the registered owners at the designated
corporate trust office of Wells Fargo Bank, N.A. (the "Paying Agent" and "Registrar"), upon
presentment and surrender of the Series 2005 Bonds. Interest on the Series 2005 Bonds shall be paid
to the registered owners as shown on the registration books maintained by the Registrar, by check
or draft mailed to each such owner's address as shown on the registration books maintained by the
Registrar as of the fifteenth (15th) day of the calendar month preceding such interest payment date.
Interest will be payable each May 1 and November I, commencing November I, 2005. Interest will
be calculated on the basis of a 360-day year of twelve 30-day months. For so long as The Depository
Trust Company, New York, New York, or its nominee, Cede & Co. (collectively, "DTC") is the
registered owner of the Series 2005 Bonds, payments of principal of, redemption premium, if any,
and interest on the Series 2005 Bonds will be made directly to DTC. Disbursements of such
payments to the DTC participants is the responsibility of DTC and further disbursement of such
payments from the DTC participants to the beneficial owners of the Series 2005 Bonds is the
responsibility of the DTC participants.
Initially one bond will be issued for each maturity of the Series 2005 Bonds in the aggregate
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principal amount of each such maturity and registered in the name of DTC. DTC, an automated
clearing house for securities transactions, will act as securities depository for the Series 2005 Bonds.
Purchases of the Series 2005 Bonds will be made in book-entry-only form (without certification). It
shall be the responsibility of the Successful Bidder (as hereinafter defined) for the Series 2005 Bonds
to furnish to DTC an underwriters' questionnaire and to the City the CUSIP numbers of the Series
2005 Bonds not less than seven (7) days prior to the Closing Date (as hereinafter defined).
Maturity Schedule
TheSeries 2005 Bonds will mature on November 1 of the following years in the following
principal amounts:
Series 2005 Bonds*
Principal Principal Principal
Maturity Amount Maturity Amount Maturity Amount
11/01/2005 $ 25,000 11/01/2013 $245,000 11/01/2021 $335,000
11/01/2006 45,000 11/01/2014 255,000 11/01/2022 350,000
11/01/2007 45,000 11/01/2015 260,000 11/01/2023 365,000
11/01/2008 45,000 11/01/2016 275,000 11/01/2024 380,000
11/01/2009 220,000 11/01/2017 290,000 11/01/2025 395,000
11/01/2010 220,000 11/01/2018 300,000 11/01/2026 415,000
11/01/2011 230,000 11/01/2019 305,000 11/01/2027 435,000
11/01/2012 235,000 11/01/2020 325,000 11/01/2028 455,000
11/01/2029 475,000
*Preliminary, subject to change
Mandatory Redemption Provisions
If the Successful Bidder designates any Series 2005 Bonds as term bonds as described under
"Designation of Term Bonds," the following mandatory redemption provisions shall apply with
respect to such designated term bonds:
The Series 2005 Bonds maturing on November 1, 20_ will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to the principal amount thereof on the redemption date, on
November 1, 20---J and each November 1 thereafter, from amounts deposited in the Redemption
Account in the Bond Service Fund established by the Ordinance, in the following years and
amounts as follows:
Amortization Amortization
Year Installment Year Installment
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Optional Redemption Provisions
The Series 2005 Bonds maturing on or before November 1, 2014 are not callable prior to their
maturity dates. The Series 2005 Bonds maturing after November 1, 2014 are subject to optional
redemption by the City, on and after November 1, 2014 as a whole, or in part, at any time, at the
redemption prices (expressed as percentages of principal amount) set forth below, together with
accrued interest to the date of redemption.
Redemption Period
Price
November 1, 2014 and thereafter
100%
Adjustment of Principal Amount
After final computation of the bids, to achieve desired debt service levels, the City reserves
the right either to increase or decrease any Principal Amount of the Series 2005 Bonds (or any
Amortization Installment in the case of a Term Bond) shown on the schedule of Principal Amounts
set forth above (the "Maturity Schedule"), by an amount not to exceed ten percent (10%) of the
stated amount of each such Principal Amount on the Maturity Schedule and correspondingly adjust
the issue size, all calculations to be rounded to the nearest $5,000.
In the event of any such adjustment in the Series 2005 Bonds, no rebidding or recalculation
of the bid submitted with respect to such Series 2005 Bonds will be required or permitted. If
necessary, the total purchase price of the Series 2005 Bonds will be increased or decreased in direct
proportion to the ratio that the adjustment bears to the aggregate principal amount of the Series
2005 Bonds specified herein; and the Series 2005 Bonds of each maturity, as adjusted, will bear
interest at the same rate and must have the same initial reoffering yields as specified in the bid of
the Successful Bidder. However, the award will be made to the bidder whose bid produces the
lowest true interest cost, calculated as specified below, solely on the basis of the bid for the Series
2005 Bonds offered pursuant to the Bid Maturity Schedule of the relevant series of Series 2005
Bonds, without taking into account any adjustment in the amount of Series 2005 Bonds set forth in
the Bid Maturity Schedule.
Designation of Term Bonds
Bidders may specify that the annual Principal Amounts of the Series 2005 Bonds coming due
in any two or more consecutive years may be combined to form one or more maturities of Series
2004 Term Bonds scheduled to mature in the last of such years with the preceding annual Principal
Amounts for such years constituting mandatory Amortization Installments of Series 2005 Bonds to
be selected by lot and redeemed at a price of par plus accrued interest in accordance with the
Resolution.
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Basis of Award
Proposals must be unconditional and only for all the Series 2005 Bonds. The purchase price
bid for the Series 2005 Bonds may include a discount (including underwriters' discount and original
issue discount) not to exceed three percent (3.0%) of the principal amount of the Series 2005 Bonds
and shall specify how much of the discount is original issue discount. The purchase price bid may
also include an original issue premium (including underwriter's discount and original issue
premium) not to exceed three percent (3.0%) of the principal amount of the Series 2005 Bonds and
shall specify how much of such purchase price is original issue premium. The Series 2005 Bonds
will be insured by MBIA Insurance Corporation and the City will pay the bond insurance premium
from Bond proceeds. The purchase price bid for the Series 2005 Bonds will not deduct the insurance
premium. Only the final bid submitted by any bidder through Parity will be considered. The City
reserves the right to determine the Successful Bidder for the Series 2005 Bonds, to reject any or all
bids and to waive any irregularity or informality in any bid.
The Series 2005 Bonds will be awarded to the bidder (herein referred to as the "Successful
Bidder" as to the Series 2005 Bonds) offering such interest rate or rates and purchase price which
will produce the lowest true interest cost to the City over the life of the Series 2005 Bonds. True
interest cost for the Series 2005 Bonds (expressed as an annual interest rate) will be that annual
interest rate being twice that factor of discount rate, compounded semiannually, which when
applied against each semiannual debt service payment (interest, or principal and interest, as due)
for the Series 2005 Bonds will equate the sum of such discounted semiannual payments to the bid
price (inclusive of accrued interest). Such semiannual debt service payments begin on November 1,
2005. The true interest cost shall be calculated from the dated date of the Series 2005 Bonds which
will be the expected closing date of the Series 2005 Bonds (the "Closing Date") and shall be based
upon the principal amounts of each serial maturity set forth in this Notice of Bond Sale and the bid
price set forth in the Proposal for the Series 2005 Bonds submitted in accordance with the Notice of
Bond Sale. In case of a tie, the City may select the Successful Bidder by lot. It is requested that each
Proposal for the Series 2005 Bonds be accompanied by a computation of such true interest cost to
the City under the term of the Proposal for Bonds, but such computation is not to be considered as
part of the Proposal for Bonds.
Interest Rates Permitted
The Series 2005 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-
twentieth (1/20) of one percent. No difference greater than 4% will be permitted between the
highest and lowest rates of coupon interest specified. Should an interest rate be specified which
results in annual interest payments not being equally divisible between the semiannual payments in
cents the first semiannual payment will be reduced to the next lower cent and the second
semiannual payment will be raised to the next higher cent.
It shall not be necessary that all Series 2005 Bonds bear the same rate of interest, provided
that all Series 2005 Bonds maturing on the same date shall bear the same rate of interest. A rate of
interest based upon the use of split or supplemental interest payments or a zero rate of interest will
not be considered.
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Paying Agent and Registrar
The Paying Agent and Registrar for the Series 2005 Bonds is Wells Fargo Bank, N.A.,
through its designated office in Jacksonville, Florida.
Security
Principal of and interest on the Series 2005 Bonds to be issued pursuant to Ordinance No.
6931-02, as supplemented, and all required sinking fund, reserve and other payments shall be
payable solely from the Net Revenues of the City's Stormwater System, together with the earnings
thereon derived from the investment thereof in the Funds and Accounts established in the
Ordinance and as more fully described in the Preliminary Official Statement.
The Series 2005 Bonds do not constitute a general indebtedness of the City within the
meaning of any constitutional, statutory or charter provision or limitation, and no Bondholder shall
ever have the right to require or compel the exercise of the ad valorem taxing power of the City or
taxation of any real or personal property therein for the payment of the principal of and interest on
the Series 2005 Bonds or the making of any debt service fund, reserve or other payments provided
for in the Resolution.
Purpose
Pursuant to the Ordinance, the Series 2005 Bonds are being issued to refund a portion of the
City's Stormwater System Revenue Bonds, Series 1999, the costs of issuing the Series 2005 Bonds, to
purchase a Financial Guaranty Insurance Policy and to make a deposit to the Debt Service Reserve
Fund in the form of a debt service reserve fund surety policy.
Issuance of Series 2005 Bonds
The Series 2005 Bonds will be issued and sold by the City of Clearwater, Florida, a municipal
corporation organized and existing under the laws of the State of Florida. The Series 2005 Bonds
are being issued pursuant to Ordinance No. 6378-99 enacted by the City on April 15, 1999, as
supplemented by Ordinance No. 6931-02, enacted by the City on July 18, 2002, as further amended
and supplemented by Resolution No. 05-17, enacted by the City on April 7, 2005, as further
supplemented (collectively, the "Bond Ordinance") by the City of Clearwater, Florida (the "City")
and pursuant to the provisions of Chapter 166, Florida Statutes, and other applicable provisions of
law.
Financial Guaranty Insurance Policy
A commitment to issue a Financial Guaranty Insurance Policy guaranteeing payment of
principal and interest on the Series 2005 Bonds has been obtained from MBIA Insurance
Corporation.
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Proposals
Proposals for the Series 2005 Bonds are desired on forms which will be furnished by
PARITY, on behalf of the City, and be submitted electronically via PARITY.
All bidders must submit a "Good Faith Deposit" in the amount of $50/000 (the "Deposit") in
the form of a financial surety bond of Financial Security Assurance, Inc. (the "Financial Surety
Bond"). Such Financial Surety Bond must be submitted to the City prior to the sale. The Financial
Surety Bond must identify the Bidder whose Deposit is guaranteed by such Financial Surety Bond.
The successful bidder is required to submit its good faith deposit by wire transfer not later
thanll:00 a.m. eastern time, on the next business day following the award, as instructed by the
City's Financial Advisor. If such deposit is not received by that time, the City shall make a claim
under the Financial Surety Bond to satisfy the good faith deposit requirement. The wire of the
successful bidder or proceeds of a claim under the Financial Surety Bond, as applicable, will be
deposited by the City in an interest-bearing account and be retained and applied towards the
purchase price of the Series 2005 Bonds pending full performance by the successful bidder, or will
be forfeited to the City and applied as full liquidated damages upon failure of the successful bidder
to take up and pay for the Series 2005 Bonds. Any interest earned on the good faith deposit will be
retained by and inure to the benefit of the City. If the Series 2005 Bonds are not delivered to the
successful bidder within 30 calendar days from the date of sale, without fault upon the part of the
successful bidder, such successful bidder shall not thereafter be obligated to take delivery of and
pay for the Series 2005 Bonds and the good faith deposit amount will be promptly paid to the
successful bidder or Financial Security Assurance, Inc., as applicable.
Delivery and Payment
It is anticipated that the Series 2005 Bonds in book entry only form will be available for
delivery on 1/ 20---J in New Y ork, New Y ork, at The Depository Trust Company, or
some other date and place to be mutually agreed upon by the Successful Bidder and the City
against the payment of the purchase price therefor including accrued interest calculated on a 360-
day year basis, less the amount of the good faith deposit, in immediately available Federal Reserve
funds without cost to the City.
Closing Documents
The City will furnish to the Successful Bidder upon delivery of the Series 2005 Bonds the
following closing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation
certificate; (2) federal tax certificate; (3) certificate regarding information in the Official Statement;
and (4) seller's receipt as to payment. A copy of the transcript of the proceedings authorizing the
Series 2005 Bonds will be delivered to the Successful Bidder of the Series 2005 Bonds upon request.
Copies of the form of such closing papers and certificates may be obtained from the City.
Information Statement
Section 218.38(1)(b)l, Florida Statutes requires that the City file, within 120 days after
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delivery of the Series 2005 Bonds, an information statement with the Division of Bond Finance of the
State of Florida (the "Division") containing the following information: (a) the name and address of
the managing underwriter, if any, connected with the Series 2005 Bonds; (b) the name and address
of any attorney or financial consultant who advised the City with respect to the Series 2005 Bonds;
and (c) any fee, bonus, or gratuity paid, in connection with the bond issue, by an underwriter or
financial consultant to any person not regularly employed or engaged by such underwriter or
consultant and (d) any other fee paid by the City with respect to the Series 2005 Bonds, including
any fee paid to attorneys or financial consultants. The Successful Bidder will be required to deliver
to the City at or prior to the time of delivery of the Series 2005 Bonds, a statement signed by an
authorized officer containing the same information mentioned in (a) and (c) above. The Successful
Bidder shall also be required, at or prior to the delivery of the Series 2005 Bonds, to furnish the City
with such information concerning the initial prices at which a substantial amount of the Series 2005
Bonds of each maturity were sold to the public as the City shall reasonably request.
Pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended, a truth-in-
bonding statement will be required from each bidder as to the Series 2005 Bonds as part of their bid
in the following form:
"The City of Clearwater, Florida, is proposing to issue $[ ] original
aggregate principal amount of Stormwater System Revenue Refunding Bonds, Series
2005, for the purpose of (i) advance refunding a portion of the City's Stormwater
System Revenue Bonds, Series 1999, (ii) pay the costs of issuing the Series 2005
Bonds, (iii) pay the premium on the bond insurance policy, and (iv) to make a
deposit to the Reserve Fund, all as further described in Ordinance No. 6931-02. The
final maturity date of the Series 2005 Bonds is November 1, 2029, and the Series 2005
Bonds are expected to be repaid over a period of twenty-four (24) years. At a
forecasted average interest rate of _ % per annum, total interest paid over the life
of the Series 2005 Bonds will be $ . The source of repayment or security
for this proposal is the City's Stormwater System Net Revenues (as defined in the
Ordinance) and moneys and investments held in the funds created under the said
Ordinance. Authorizing the Series 2005 Bonds will result in $ not
being available to finance the other capital projects of the City. This truth-in-
bonding statement prepared pursuant to Section 218.385(2) and (3) of the Florida
Statutes, as amended, is for informational purposes only and shall not affect or
control the actual terms and conditions of the Series 2005 Bonds."
Legal Opinion
The Successful Bidder will be furnished, without cost, with the approving opinion of Bryant
Miller & Olive P.A., Tallahassee, Florida, to the effect that based on existing law, and assuming
compliance by the City with certain covenants and requirements of the Internal Revenue Code of
1986, as amended (the "Code"), regarding use, expenditures, investment of proceeds and the timely
payment of certain investment earnings to the United States Treasury, the interest on the Series 2005
Bonds is not includable in the gross income of individuals, however, interest on the Series 2005
Bonds will be included in the calculation of the alternative minimum tax liabilities of corporations.
A-7
The Code contains other provisions that could result in tax consequences, upon which Bond
Counsel renders no opinion, as a result of ownership of the Series 2005 Bonds or the 'inclusion in
certain computations (including, without limitation, those related to the corporate alternative
minimum tax and environmental tax) of interest that is excluded from gross income.
Official Statement
The Preliminary Official Statement, copies of which may be obtained as described below, is
in a form "deemed final" by the City for purposes of SEC Rule 15c2-12(b)(1) (except for certain
permitted omissions as described in such rule) but is subject to revision, amendment and
completion in a final Official Statement. Upon the sale of the Series 2005 Bonds, the City will
publish a final Official Statement in substantially the same form as the Preliminary Official
Statement. Copies of the final Official Statement will be provided, at the City's expense, on a timely
basis in such quantities as may be necessary for the Successful Bidder's regulatory compliance.
It is not the intention or the expectation of the City to print the name(s) of the Successful
Bidder as to the Series 2005 Bonds on the cover of the Official Statement.
Continuing Disclosure
The City has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of
the Securities and Exchange Commission. See "Appendix D -- Form of Continuing Disclosure
Certificate" attached to the Preliminary Official Statement.
CUSIP Number
It is anticipated that CUSIP identification numbers will be printed on the Series 2005 Bonds,
but neither the failure to print such number on any Series 2005 Bonds nor any error with respect
thereto shall constitute cause for failure or refusal by the Successful Bidder to accept delivery of and
pay for the Series 2005 Bonds in accordance with its agreement to purchase the Series 2005 Bonds.
All expenses in relation to the printing of CUSIP numbers on the Series 2005 Bonds shall be paid for
by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said
number shall be the responsibility of and shall be paid for by the Successful Bidder.
Copies of Documents
Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the
Official Bid Form and further information which may be desired, may be obtained from the City's
Financial Advisor, RBC Dain Rauscher Inc., 100 Second Avenue South, Suite 800, St. Petersburg,
Florida 33701, Attn: Kevin M. Conitz, telephone (727) 895-8853.
A-8
Amendment and Notices
Amendments hereto and notices, if any, pertaining to this offering shall be made through
Thompson Municipal Market Monitor (TM3) or similar information distribution service.
CITY OF CLEARWATER, FLORIDA
/s/ Frank Hibbard
Mayor
A-9
EXHIBIT B
FORM OF
SUMMARY NOTICE OF SALE
$6,925,000'"
CITY OF CLEARWATER, FLORIDA
Stormwater System Revenue Refunding Bonds
Series 2005
NOTICE IS HEREBY GIVEN, that bids will be received by the City Manager and the Finance
Director of the City of Clearwater, Florida, electronically through PARITY, subject to the provisions
of the Official Notice of Bond Sale.
Sale Date:
.2005
Time:
11:00 a.m., Clearwater, Florida Time
Bonds Dated: Date of Issuance
Maturities: Payable November 1 in the years and amounts as follows:
Series 2005 Bonds'"
Principal Principal Principal
Maturity Amount Maturity Amount Maturity Amount
11/01/2005 $ 25,000 11/01/2013 $245,000 11/01/2021 $335,000
11/01/2006 45,000 11/01/2014 255,000 11/01/2022 350,000
11/01/2007 45,000 11/01/2015 260,000 11/01/2023 365,000
11/01/2008 45,000 11/01/2016 275,000 11/01/2024 380,000
11/01/2009 220,000 11/01/2017 290,000 11/01/2025 395,000
11/01/2010 220,000 11/01/2018 300,000 11/01/2026 415,000
11/01/2011 230,000 11/01/2019 305,000 11/01/2027 435,000
11/01/2012 235,000 11/01/2020 325,000 11/01/2028 455,000
11/01/2029 475,000
*Preliminary, subject to change
B-1
Interest
Payment Dates:
Payable May 1 and November 1/ commencing November 1/ 2005.
Legal Opinion:
Bryant Miller & Olive P.A./
Tallahassee, Florida
For copies of the Official Notice of Bond Sale and the Preliminary Official Statement of the City
of Clearwater, Florida, please contact the City's Financial Advisor, RBC Dain Rauscher Inc., 100
Second A venue South/ Suite 800/ St. Petersburg, Florida 33701/ Attn: Kevin M. Conitz, telephone
(727) 895-8853. The Proposed Form is to be provided by PARITY.
B-1
EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
C-1
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Pr..llmi~r.1 Of/ic4fil.StalAlMnt .l)alAJ.ita~h ."0$
NEW ISSUE -FULL BOOK;,ENTR\:,
Ratings: Ml,Iody's;
OAaa" (MBIA Insured)
"A;"" (tlndei"lying)
"AAA~ MUlA; (Insured)
"1\" (Underlying)
oA;AA".(1\1$IA Insured)
'W' (UnderlYing)
(sce "RATINGS" herj!in)
S&P:
Fitch:
. IntheopinionoffJoflll C(jU1l$el.~ng continuing compliance by lhe City with various cove17Qnts in the Series 1005 Ordinance. ~r existing
#atu,tea,regu,lalionsarvljudicialdeci,ions, the inlerest on the Serie.. 2005 Bond.r will be eJlclutMdfrom gross. incomeJor .federt:'/ inr;ome tax purposeJto the
owners/hereof.. The Series 2005 Bonds Qre, under e:.risting laws and ngu/ollons. auo e:.r'mptfrom inlangible Ia:us imposed pursuant 10 Chapter 199,
FloridQSlatu/es;See "Tax ExemptiOn" herein for a description of .rllQtive minilltu", IQ}C tnalment and certain olher IDX conseqUlmces to owner, of the
Serr,s.2qOS .lfont4.
Dated: DateofD,Jivery
56,925,000*
CITY OF CLEARWATER, FLORIDA
Stormwater System Revenue Refunding Bonds
Series 2005
Due: Novemberl,... sbownon tbe .iasiduO'Ver page
The Stonnwater System Revenue Refunding Bonds. Series 2005 (the "Series 2005 Bomb" of the City of Clearwater,Florida(the "City") .lIl'libliil'iS IsSlIlid
in fi.dlyregjster~ form and, when initially issued,. will be registered to Cede " Co., u nominee of The Depository Trust Company, New York, New York. Wells
Fargo Bank, N.^" J~ksonvilJe, Florida, is acting 85 the Paying Agent and Bond Regis1rar for the Series 2005 Bonds; . The Serics2j)OS B~wilIbepurcba8ed in
boo](..entry fonn .ooly, in the denoinination of $5,000 or any integral multiple thcMo( There will be no physical delivery of bond certificates to individual
Bondholders. Interest on the Series 2005 Bonds will be payable semi-annually ~ on November I, 2005 and on e~b May 1 and Noveiilber 1 therell1ter,
Principal of and premium, if any. on the S~es.2005 Bonds will be payable at maturity or IIpOII redemption prior to maturity.
The !)erie, 100$ BO/ld. .re slIbjed to redemptioa prior to _turity as dac:riIIed herein.
Thll;Serics 200S Bolldsare bCing issued plnUBDtto the authority ofand in full COmpliance with the charter of the City, the Constitution and the laws of,the
Sta~l)fFl~ridli,particularly Chapter 166, Part I.I. Florid. StaIuIeS, and other applicable provisions of law. and Ordinance No. 6371-99 enacted by the City OriApril7,
1999, as~~de!l AAdsupplemented by Ordinance No. 6931-02; en~ted by the City onJuty 18,2002.85 further amended and supplemerited (the "Ordinance"Xforthe
purposc.ofCi) advance refunding and rcdeeming on November 1,2008, 16,2&5,000 of the $6,885,000 Outstanding principal amount of the City's StQntlwatetS>,stem
~evenue Bon<l$,Series 1999; and (ii)payingcertaincostsofissWlllOe of the Series 2005 Bands, includinll the fil'l8llCial guaranty insurance premium. The Series 2005
Bonds and . the interest thereon arc payable Sj)Jely .6:001. the Pledged. Revenues, which \:OIISist of Net Re\>enllCS derived from tbcoperationO( the Sy$tem and.. wi th
respect to each Serics of Bonds. thc mOllC)'s on de~it ill thcvario\J$1Unds and lICCOIIIlts created pursuant to the Ordinance allocable to such SeriesofJ~onds,with.the
exception oftheRe~eFund. The Series 2005 Bonds arc issued on Ii parity. with certain Oustanding Bonds of lbc City, as more particulllrly described herein and the
Ordi~cepermils the issuance of Additional PlIrity Oblitptions payable ftoIII the Net Revenues upon the conditions describcdhel'Cin under the ~ption "SECURITY
FOR UiE SERIES~005J:lONDS - AdditionaIParity Oblis.tions/
MBIA lrisuranceCQrporation ("MBIA") has ~ a commitment to issue a fillllllCialguaranty insurance policy (the "}!i1IancialGU8taritylns1f~ncePolicy"
relating to the Sories 2004 Bonds etTel;tive as of the date of issuance of the Series 200S Bonds. For a discussion of the. tcnnsandpflWjsions ofs.UChpolicy, including
the limitationS thereof, see "MUNICIPAL BOND INSURANCE" herein.
A1BIA
MATURITY SCHEDULE
(See enclosed Notice of Sale)
(AecnMd iIItcrest te be added)
ELECTRONIC BIDS FOR TIlE SERIES 200s BONDS WILL BE ACCEPTED
IN ACCORDANCE WJ11I1lIE OFFICIAL NOTICE OF SALE.
The Series 2005 Bonds an offired when. a.r ond if wiled ond acupud by . U_rwriter ndJjectlO the approval ollegalil)l by BrytUllMiller <I Oliye, P.A.,
Tallahassee. Florida. Bond Co_I. Certain other legal manu.. wiD be JKIS$d If"OIt lor" City by PQlffela K. Akin. Esquire, City AtlOr7tey. and by Nabors, Giblin <I
Nickerson,. P.A., TantpQ, Florida, Di&closure Counsel to W City. RBC DaiIt RauscIte, hrc.. St. Petersburg. Florida. is seni", D6 Fi1/lUlcial Advisor to the City. It i.r
eXpecledthatthe Series 2005 Bonds, in definitive IJookntry Ionn. will be lIWtiillble for rJ.liYlery thToug/t DTC in New York, New Yori on or about May . 2005.
March , 2005
* Preliminary, subject to change
CITY OF CLEARWATER, FLORIDA
ELECTED OFFICIALS
MAYOR
Frank Hibbard
VICE MAYOR
Bill Jonson
CITY COUNCIL
Hoyt Hamilton
Carlen A. Petersen
John Doran
APPOINTED OFFICIALS
William B. Horne, II, City Manager
Pamela K. Akin, Esq., City Attorney
Margaret L. Simmons, CPA. Finance Director
BOND COUNSEL
Bryant Miller & OliveP.A.
Tallahassee, Florida
FINANCIAL ADVISOR
RBC Dain Rauscher Ine,
St. Petersburg, Florida
REGISTRAR AND PAYING AGENT
Wells Fargo Bank, N.A.
Jacksonville, Florida
:No dealer, broker, salesman or other person has been authorized to give any
information or to make any representations, other than those contained in this Official
Stateme'rtt, in connection with the offering of the Series 2005 Bonds described herein,
and if given or made, such information or representations must not be relied :uponas
having been authorized by the City or the Underwriter. This Official Statement does
not constitute an offer to sell the Series' 2005 Bonds or a solicitation of an offer to buy
Ilorsball there be any sale of the Series 2005 Bonds by any person in any jurisdiction
in which it is unlawful for such person to make such offer, solicitation or sale. The
information setfurthhereiIl has been furnished by the City and by other sources which
are believed to be reliable, but it is not guaranteed as to accuracy or completeness, and
is not to be construed as a representation or contract, by the Underwriter. The
information and expressions of opinion herein are subject to change without notice and
'neither the delivery of the Official Statement nor any sale made hereundershali, under
any circumstances, create any implication that there has been no change in the affairs
of the City since the da.te het:eof.
.INCONNECTION WITH THE OFFERING, THE UNDERWRITER MAYOVER~
. ALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE
MARKET PRICE OF THE SERIES 2005 BONDS OFFERED HEREBY AT ALEVEL
ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET.
SUCH STABILIZING, IF COMMENCED, MAYBE DISCONTINUED AT ANYTIME.
The Series 2005 Bonds have not been registered with the Securities and
Exchange Commission under the Securities Act of 1938, as amended, nor has
the Ordinance beenqualitied under the Trust Indenture Act of 1939, as
. amended, in reliance upon~xemptions contained in such acts.. The
registration or qualification of the Series 2005 Bonds in accordance with
. applicable provisions of the securities laws of the States, if any, in which the
Series200a Bonds have been registered or qualified and the exemption from
registration or qualification in certain other states cannot be regarded as a
recommendation thereof. Neither these States nor any of their agencies bave
passed upon the merits of the Series 2005 Bonds or the accuracy or
cC)mpletenes's of this Official Statement. Any representation to the cc:mtra.ry
may be a criminal offense.
TABLE OF CONTENTS
Page
INTRODUCTORY' STATEMENT ......... ..................... ......... .......... .......... ............. .........1
THE REFUNDING PROGRAM ............ .......... ......... ............. ......... ................ .......... ..... 3
DESCRIPTION OF THE SERIES 2005 BONDS ....................:....................................4
, General....... ..... .................. .................. ......... ......... ........... ...... ......... ...... .... ............... 4
Optional Redemption ...... ....... ... ......... ....... ............................ ....... ....... ...... ......... ...... 5
Mandatory Redemption................ ...................................................... ...................... S
Notice of Redemption .... .... ........ ........... ......... ......... ............... .... ........ .... ......... .......... 6
Book,..Entry Only System .......... ....'..... .............. ...... ............... ...... ........ ............. ........ 7
SECURITY FOR THE SERIES 2005 BONDS ...........................................................10
Serie$2005 Bolids Nota Debt of the City............................................................. 13
O'l.ltst,anding Parity Obligations ........ .... ..................................... ......... ........ .,........... 13
MUNICIPAL BOND INSURANCE ........... ....... ........ .................. ...... ...........................13
TheMBIA Insurance Corporation Insurance Policy ............................................13
, Debt Service Reserve Fund Surety Bond ..............................................................15
MalA,.,.:.......... ~'.. .... ..,. ...... I....'.... .... II .... .......... .., II.. 1,1...... I'.... II I' I"... ... .-. II!" ..,~... II t ',1 ",.:~ 1,'1 ,iii', jii;~""., .... :1:6
MBIA Information.. ............... ........... ..... .................... ....... ........ ..... ....... .....,.. .............. .16
Financial Strength of MBIA ........ ........ ........... .................. ". ......... ........ ..................... 17
DEBT SERVICE REQlJIREMENTS ............................................................H.............. 19
SO URCESAND USES OF FUNDS...................... .... ............... .......... ......... ..... ........ ....20
THE STORMW ATER MANAGE:M:ENT SYSTEM... ..... .......... ........... ......... ...............21
FlNANCIALSTATEl\1ENTS ....... .,...... ........... ........ .....u................................ ........ ....... 24
INVESTMENT POLICY OF THE CITY..................................................................... 24
LEGAIJTY FOR INVESTMENT ................................................................................25
TAX EXEMPTION... ............ ............ ................. ..:........ ...................................... ..... ... .... '26
RATINGS .. ....... .................... :........... .................................... ........ ... ....... ......'.......... .......... 27
LITIGATION.................. ................ ................. ....... ..... ......................... ................... ...... 28
VERIFICATION OF MATHEMATICAL COMPUTATIONS .................................... 29
ADVISORS AND CONSULTANTS ..... ................................... ..... ...... ........:........~....... 2'9
,'b~"~~~~fu-;+rr~:~.~:~~::.:~::i~~:~f:'~~r:::~~::::::~:!~:~~::'~:~~~~,.....
CERTAIN LEGAL MA'I"l'ERS ................ .......... ...... .................... .......... .........,......... ,..... 31
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ................31
FINANCIAL ADVISOR............. ................................... ............................ ........ ......... ... 32
MISCELLANEOUS ........ ......... .............. ............... ... ... ........ ............. ......... ..... .............. 32
Appendices:
Appendix A
AppendixB
Appendix C
Appendix D
AppendixE
AppendixF
General Description of the City and Selected Statistics
Excerpts from the City's Comprehensive Annual Financial Report
for the Fiecal Year Ended September 30, 2004
ConforIlled Copy of Amended Ordinance
Form of Continuing Disclosure Certificate
Form of Bond Counsel Opinion
Form of Municipal Bond Insurance Policy
3
OFFICIAL STATEMENT
$6,925,000*
CITY OF CLEARWATER, FLORIDA
STORMWATER SYSTEM REVENUE REFUNDING BONDS, SERIES 2005
INTRODUCTORY STATEMENT
The purpose of this Official Statement, which includes the cover l?a.geandthe
AppendiCes, is to provide information concerning the City of Clearwater,Florida (the
"City") and the City's $6,925~000* Stormwater System. Revenue Refunding Bonds,
Series 2005 (the "Series 2005 Bonds"). The Series 2005 Bonds are issued pursuant to
the authority of and in full compliance with (a) the charter of the City, (b) the
Constitution and the laws of the State of Florida, particularly Chapter 166, Part II,
Florida Statutes, and other applicable provisions of law , and (c) Ordinance No. 6378-99
enacted by the City on April 15, 1999 (the "Ordinance"), as amended by Ordinance No.
6931-02, enacted by the City on July 18, 2002, as supplemented.
The Series 2005 Bonds ate being issued for the purpose of (i) providing sufficient
~ds on November 1, 2008, to pay and redeem $6,285,000 of the City's $7,500,000
StQrmwater System Revenue Refunding Bonds, Series., 1999 (the "Series 1999 Bonds"),
which are currently Outstanding in the aggregate principal amount of $6,885,000 (the
refunded portion hereinafter referred to as the "Refunded Bonds"); and (ii) paying
certain COsts of issuance of the Series 2005 Bonds, including the financial guaranty
insurance premium. The Series 2005 Bonds and the interest thereon are payable
solely frozn the Pledged Revenues, which are comprised of Net Revenues derived from
the operation of the System and with respect to such Series of Bonds, the moneys on
depOSit in the various funds and accounts created pursuant to the Ordinance allocable
to each Series of Bonds, with the exception of the Rebate Fund. The Series 2005 Bonds
are the fourth Series of Bonds issued which are payable from Net Revenues of the
System. The City has previously issued the Series 1999 Bonds, which, after giving
effect to the refunding undertaken with the proceeds of the Series 2005 Bonds, will be
Outstanding in the aggregate principal amount of $600,000.00, $24,685,000 of its
Storm water System Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds"),
which are currently Outstanding in the aggregate principal amount of $23,800,000,
and $14,430,000 City of Clearwater, Florida Stormwater System Revenue Bonds,
Series 2004, which are currently Outstanding in the original aggregate principal
amount, all of which rank on a parity with the Series 2005 Bonds as to the pledge of
the Net Revenues. The scheduled payment of principal of and interest on the Series
2005 Bonds will be insured by a financial guaranty insurance policy to be issued
1
smultaneously with the delivery of the Bonds by MBIA Insurance Corporation
("MBIA"), as described herein. . For a discussion of the terms andprovisionsofslJ,ch
policy, including the limitations thereof, see "MUNICIPAL BOND INSURANCE"
herein. MBIA haealsopreviously issued its reserve fUnd surety policy with respect to
the' Series 1999 Bonds which will remain on deposit into the Reserve Fund. in
satisfaction of the Reserve Fund Requirement applicable to the Series 2005 Bonds. (see
"SECURITY FOR THE Series 2005 Bonds - Reserve Account").
Neither the Series 2005 Bonds nor the interest thereon constitute a g.eneral
obligation Or indebtedness of the City within the meaning of any constitutional,
statutory or charter provision or limitation. No owner or owners of any Series 200.5
Bonds shall ever have the right to compel the exercise of the ad valorem taxing power
of the City, or any other taxing power in any form on any real or personal property of
the City, to pay the Series 2005 Bonds or the interest thereon. The City shall not be
obligated to pay the Series 2005 Bonds or any interest thereon except froIIlthe Pledged
Revenues, in the manner provided ill. the Ordinance referred to herein.
The City covenants in the Ordinance to fix,establish and maintain s1.'Jchrates,
and collect such fees, rentals and other charges for the services and facilities of the
System (as herein defined) which will always provide Net Revenues in each year
sufficient to pay one hundredfi.fteen percent (115%) of the Bond Service Reqwrement
beC()ming due in such year on the Outstanding Bonds.
The City may issue Additional Parity Obligations, payable ona parity from the
Net Revenues with the Series 2005 Bonds, for the purpose of refunding. a partofthe
Outstanding Bonds, or financing the cost of extensions, additions and improvements to
the System and for the acquisition and construction of, and extensions and
improvements to stormwatermanagement systems which are to be consolidated with
the System and. operated as a single combined utility, provided that, among other
requirem.ents, certain earnings tests relating historical Net Revenues to the Maximum
Bond Service Requirement of all Bonds Outstanding after the issuance of such
Additional Parity Obligations can be met. Such historical Net Revenlles may be
~djusted by the Consulting Engineer as provided in the Ordinance.
Definitions of certain words and terms having uutial capitals used herein and in
the Ordinance (as defined below in U Authority For Issuance") are contained in the
"Conformed Copy of Amended Ordinance" in Appendix C hereto.
The references, excerpts and summaries of all documents referred to herein do
not purport to be complete statements of the provisions of such documents, and
reference is directed to all such documents for full and complete statements of all
matters of fact relating to the Series 2005 Bonds, the security for the payment of the
Series 2005 Bonds, and the rights and obligations of holders thereof. The information
2
,contained in this Official Statement involvingmRtters of opinion or of estimates,
whether oroot. so expressly stated, are set forth as such and not as representations of
.fact, and no representation is made that any of the estiInates will be realized. Neither
.'this Official Statement nor any statement which may have been made verbally or in
:wr~ting .is to be construed as a contract with the holders of the Series 2005 Bonds,
"
THE REFUNDING PROGRAM
Proceeds of the Series 2005 Bonds will be deposited,intoanescrow.acco\lnt(the
"Escrow Account") established with Wells Fargo Bank, N.A., Jacksonville, Florida, as
escrow agent (the "Escrow Agent") and invested in cash and/or direct obligations of the
United States in order to provide sufficient funds on November 1, 2008, to pay and
redeem $6,285,000 of the. Series 1999 Bonds (the "Refunded Bonds"), at the redemption
price of 101% of the prinCipal amount thereot: together with accrued and unpaid
interest thereon. Series 1999 Bonds coming due prior to November I, 2009 in the
'aggregate principal amount of $600,000.00 are not callable and are not being refunded
as.~ part of the refunding program.
Upon iss'llance of the Series 2005' Bonds and based upon the deposit into the
, Escrow Fund of the cash and/or direct obligations into the Escrow Fund as described
aboVe and the verification of the mathematical accuracy of the sufficiency thereof to
pay and redeem the Refunded Bonds as described above by a firm of independent
certified public accountants, Bond Counsel will deliver and opinion to the effect that
the Refunded Bonds will no longer be outstanding for purposes of the resolution under
which they were issued and the pledge of and lien on the PIedged Funds created by or
pursuant to said Resolution with respect to such Refunded Bonds will cease. terminate
and be discharged.
3
DESCRIPTION OF THE SERIES 2005 BONDS
Gen.eral
The Series 2005 Bonds will be dated the date of initial issuance and deUvery.
The Se.nes2005 Bonds will bear interest at the rates and mature on November lin the
am.ounts and at the times set forth on the cover page of this Official Stateme~t.The
Series 2005 Bonds are to be issued as fully registered bonds in denominations 01'$5,000
or integral multiples thereof. Interest on the Series 2005 Bonds will be payable
semiannually op, .May 1 and November 1 of each year, commencing November'l, 2005,
bycheckor draft mailed to the registered owners, at their addresses as they appear on
the registration books oithe City maintained by the Bond Registrar, as of the 15th day
(whether or not a business day) of the month preceding the interest payment date (the
'lRecordDate"). Owners 01$1,000,000 or more in aggregate principal amount of Series
:2005 Bonds may receive interest by wire transfer, at the Owner's expense, toa bank
account designated in writing by the Owner not later than the Record Date.PrincipaJ
of, and premium. if any, are payable at maturity, or upon redemption prior to maturity,
upon presentation and surrender thereof at the corporate trust office of the Paying
Agent. Wells Fargo Bank, N.A., Jacksonville, Florida, is acting as Paying Agent and
Bond Registrar for the Series 2005 Bonds.
The Series 2005 Bonds will be initially issued in the form of a singled fully
registered. Bond for each maturity of the Series 2005 Bonds. Upon initial issuance, the
ownership of each such Series 2000 Bonds will be registered in the registration hooks
kept by the Bond RegistrlU'., in the name of Cede & Co., as nominee of The Depository
Trust Company, New York, NewY ork ("DTC"). While held in book-entry form, all
payments of principal, interest and premium, if any, on the Series 2005 Bonds
will be made to DTC or the DTC Nominee as the sole registered owner of the
Series 2005 Bonds and payments to Beneficial Owners will be the
responsibility of DTC and the DTC Participants as described below. See
"Book-Entry Only System."
With respect to Series 2005 Bonds registered in the name of Cede & Co., as
nominee of DTC, neither the City, nor the Paying Agent will have any responsibility or
obligation to any DTC Participant or to any indirect DTC Participant. See "Book-Entry
Only System" for the definition of "DTC Participant." Without limiting the
immediately preceding sentence, neither the City nor the Bond Registrar and the
Paying Agent will have any responsibility or obligation with respect to: (i) the accuracy
of the records ofDTC or any DTC Participant with respect to any ownership interest in
4
.f.he Seri~s20Q5 Bonds; (ii) the delivery to any DTC Participant or any other person
othertl1an a registered owner, as shown in the registration books kept by the Bond
Registrar, of any notice with respect to the Series 2005 Bonds, including any notice of
redem,ption; or (ill) the paytnent to any DTe Participant or any other person, other
than a registered owner, as shown in the registration books kept by the Bond
Registrar, of any amount with respect to principal of, premium, if any, or interest on
the Senes2005 Bonds. ,The City, the Bond Registrar and the Paying Agent may treat
an.d consider the person in whose name each Series 2005 Bonds is registered in the
registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal of,premium, if any, and interest with
, respect to such Bond, for the purpose of giving notices of redem,ptionand other m,atters
with respect to ~n.lch Bond, for the purpose of registering transfers with respect to such
Bond, and.for all other purposes whatsoever. The Paying Agent will pay all principal
of, premium" if any, and interest on the Series 2005 Bonds only to or upon the order of
thel'espective registered. owners, as shown in the registration books kept by the Bond
Registrar, or their respective attorneys duly authorized in writing, as provided in the
Ordinance, and all such payments will be valid and effectual to satisfy and discharge
the City's obligations with respect to payment of principal of, premium, if any, and
interest on the Series 2005 Bonds to the extent of the sums 80 paid. No person other
than a registered owner, as shown in the registration books kept by the Bond
.R,egistrar, will receive a certificated Bond evidencing.. the obligation of the City to make
payments of principal of, premium, if any, and interest' on the Series 2005 Bonds
pursuant to the provisions of the Ordinance.
Optional Redemption
The Series 2005 Bonds maturing on or before November 1, 2014 are not
callable'prior to their maturity dates. The Series 2005 Bonds maturing'Hfter
November I, 2014 are subject to optional redemption by the City, on and after
November 1, 2014, asa whole or in part at any time thereafter, from the maturities
selected by the City, and by lot within a maturity if less than an entire maturity is
redeemed, at the :redemption price of the par amount thereof, together with accrued
interest to the date of redemption.
Mandatory Redemption
If the Successful Bidder designates any Series 2005 Bonds as term bonds as
described under "Designation of Term Bonds" in the Notice of Sale, the following
mandatory redemption provisions will apply with respect to such designated term
bonds:
5
The Series 2005 Bonds maturing on November I, will be subject to mandatQry
redemption prior to maturity, by lot, in such manner as the Registrar may deem
appI'opria~e, at a redemption price equal to the principal amount thereof plus interest
accrue.dto the redemption. da.te, on November I. , and on each November 1
thereafter, in the following principal amounts in the years specified:
Year
Amortization
Itlst~ 11 ment
Year
Amortization
InstaUment
. As.longas thebook.entry-only system is used for determining beneficial ownership
of the Series 2005 Bonds,notice gf redemption will only be sent to Cede & Co. Cede &
Co. will be responsible for notifying th~ DTC Participants, who wiUin turn be
responsible for notifying the Beneficial Owners (as such terms are described below
under the heading "Book~Entty O~y Sys~m"). Any failure of Cede & Co. to notify any
DTG Participant, or of any DTC P.articipant to notify the Beneficial Owner of any such
notice., will not affe.ct,the validity of tbe redemption of the Series 2005 Bonds..
Notice of Redemption
Not less than 30 days prior to the,.expected redemption date, notice of such
redemptionshallbe filed with the Paying Agent and shall be mailed, postage prepaid
to all registered owners of the Series 2005 Bonds to be redeemed at their addresses as
they appear on the registration books. Failure to give such notice by mailing to any
registered owner, or any defect therein, shall not affect the validity of any proceeding
for the redemption of other Series 2005 Bonds. Interest shall cease to accrue on any
Series 2005 Bonds duly called for prior redemption, after the redemption date, if
payment thereof has been duly provided.
6
Book-Entry Only System
The Seri~s 2005BQnds will be available in book-entryform only, in denominations
of $5,000 or any integral multiple thereof. Purchasers of the Series 2005 Bonds will
no~ rec~ivecertificates representing their inter~sts in the Series 2005 Bonds
puX'chased.The Underwriter is to confirm original issuanee.purchases with statements
containing certain terms of the Series 2005 Bonds purchased.
The following information regarding The Depository Trust Company, New York,
New York f'DTC") and the book.en.try only system of registl"ationhaa been obtained by
the City from DTC. No representation is made by the City as to its accuracy or
correctIiess.
The Series 2005 Bonds will be held by DTC assecuritie'$ depository. The
ownership of one fully registered Series 2005 Bonds for eachma.turity, as set forth on
the cover page hereof, will be registered in the name of Oede& Co., as nominee for
DTC. DTC is alimited-purpose trust company organized undel"the New Y ork.Banking
Law, a "banking organization" within the meaning of the .New York Banking Law. a
member of the Federal Reserve System, a "clearing corporation"within the meaning of
th~ New YorkUniform Commercial Code, and a "clearing agency" registered pursuant
to the provisions of Section 17Aof the Securities Exchange Act of 1934, as amended.
DTCwas created to hold securities of its participants ("DTC Participants") and to
facilitate the settlement of securities transactions among DTC Participants in such
securities through electronic computerized book-entry changes in accounts of the DTC
Participants, thereby eliminating the need for physical movement of securiti~s
certificates. Direct Participants include. securities brokers and dealers, banks, trust
companies, clearing corporations, and certain other organizations,. some of which own
DTC either directly or through their representatives. Access tothe DTCsystem is also
available to other entities such. as security brokers and dealers. .banks and trust
companies that clear through or maintain a custodial relationship with a DTC
Participant.
Purchases of the Series 2005 Bonds may be made by or through brokers and
dealers who are, or act through, DTC Participants. Such DTC Participants and the
persons for whom they acquire interests in the Series 2005 Bonds as nominees will not
receive certificated bonds, but each DTC Participant will receive a credit balance in the
records of DTC in the amount of such DTC Participant's interest in the Series 2005
Bonds, which will be confll'IIled in accordance with DTC's standard procedures. The
ownership interest of the actual purchaser of each Bond (the "Beneficial Owner") will
be recorded in the records of the DTC Participant. DTC Participants are required to
provide Beneficial Owners with a written confirmation of their purchase containing
7
details of the acquired Series 2005 Bonds. Transfers of ownership interests in the
Series 2005 Bonds will be accomplished by book entry made by DTC and by the DTC
Participants who act on behalf of the Beneficial Owners.
The Paying Agent will make payments ofprincipal of, redemption premiu~,. if any,
and interest on the Series 2005 Bonds to DTC or its nominee, Cede & Co., as registered
owner of the Series 2005 Bonds. The current practice ofDTC is to credit the accounts
of the DTCParticillants immediately upon receipt of moneys in accordance with their
respective holdings as shown on the records ofDTC. Payments by DTC Participants to
Beneficial Owners will be in accordance with standing instructions and customary
practices such as those which are now in effect for municipal Securities held by DTC
Participant.s in bearer form or registered in "street name!' for the accounts of
c\1stomers..and willbe the responsibility ofDTC Participants and not the responsibility
ofDTO, the Paying Agent or the City subject to any statutory Or regulatory
r~quirementsasmay be in effect from time to time.
. The Bond Registrar, the Paying Agent and the City will. send any notice of
redemption or other notice only to DTC. Any failure of DTC to advise any UTC
Participant, or of anyDTC Participant to notify the Beneficial Owner, of arty' such
notice and its content oJ.: effect will not affect the validity of the redemption or the
Series 2005 Bonds called for redemption or of any other action premised on such notice.
Redemption of portions of any maturity of the Series 2005 Bonds will reduce the
outstanding principal amount of such maturity held by DTC. -In such event, DTCmay
implemerit,through its book-entry system. a redemption of Series 2005 Bonds. held for
the ~ccount ofDTC Participants in accordance with its own rules or other agreements
with DTC Participants, and then DTC Participants may implement a redemption of
Series 2005 Bonds for the Beneficial Owners.
NEITHER THE CITY NOR THE BOND REGISTRAR OR THE rAYING
AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATlON TO UTC
PARTICIPANTS OR THE PERSONS FOR WHOM DTCPARTICIPANTS ACT
AS NOMINEES WITH RESPECT TO THE SERIES 2005 BONDS OR THE
PROVIDING OF NOTIOE OR PAYMENT TO DTCPARTICIPANTS OR
BENEFICIAL OWNERS OR THE SELECTION OF SERIES 2005 BONDS FOR
REDEMPTION.
In the event of an insolvency of DTC, if DTC has insufficient securities in the
fungible bulk of securities in its custody (e.g.. due to theft or los8) to satisfy the claims
ofDTC Participants with respect to deposited securities and is unable by application of
(i) cash deposita and securities pledged to DTC to protect DTC against losses and
liabilities; (ii) the proceeds of insurance maintained by DTC and/or DTC Participants;
or (ill) other resources, to obtain securities necessary to eliminate the insufficiency,
DTC Participants may not be able to obtain all of their deposited securities.
8
The City, the Bond Registrar and the Paying Agent . cannot give any assurl;J.nceS
that DTC,DTC Participants or others will distribute payments of principal of,
premium, ifany,and interest on the Series 2005 Bonds paid to DTC or its nominee, or
anyrede~ption or other notices to the Beneficial Owners or that they will do so ona
timely basis or tbat DTC will serve or act in a manner described in this Official
Statement.
DTC may determine to discontinue providing its services with respect to the Series
20(}5 Bonds flt any time by giving notice to the City and discharging its responsibilities
withrespecl1thereto under applicable law. In addition, the City may determine to
discontinue~:tne use of book-entry transfers through DTC (or any succe'ssorsecurities
depository).. ~; Under such circumstances, the City and the Bond Registrarw:ill
l;J.uthentieate, and deliver certificated Series 2005 Bonds.
In the!;w,entthat the book-entry only system is discontinl\ed,the following
provisions ~governthetransferal1d exchange of Series 2005 Bonds. The Series
2005 Bonds" will be' exchanged for an equal aggregate principal amount of
c,:otl'eapo:hdingbol1ds in other authorized denominations and of the sameseriesllnd
lIl.aturity, UPQn surrender thereof at the principal corporate trust office of the Bond
Registrar. .The transfer of any Series 2005 Bonds will be registered on the books
maintained by the Bond Registrar for such purpose only upon the surrender thereofto
the Bond ~gistrar with a duly executed written instrument of transfer in form and
with guaranty of signatures satisfactory to the Bond Registrar, containing written
instructions as to the details of transfer of such Series 2005 Bonds, along with the
social security number or federal employer identification number of such transferee.
The City and the Bond Registrar may charge the registered owners a sum suf6.cientto
reimburse tpem for any expenses incurred in making any exchange or transferaIter
the firstsuc,l1 exchange or tri:tnsfel." following the delivery of the Series 2005 Bonds. The
Bond Regis~lar or the City may also require payment from the registered owners or
their transferees,as the case may be, of a sum sufficient to cover any tax, fee or other
governmental charge that may be imposed in relation thereto. Such charges and
expenses shall be paid before any such new Series 2005 Bonds shall be delivered.
Neither the City nor the Bond Registrar shall be required to register the transfer or
exchange of any Series 2005 Bonds during the period commencing on the fifteenth day
(whether or not a business day) of the month next preceding an interest payment date
and ending on such interest payment date or, in the case of any proposed redemption of
a Series 20()i) Bonds, after such Series 2005 Bonds or any portion thereof bas been
selected for redemption.
9
SEOURITY FOR THE SERIES 2005 BONDS
Net Revenues. The principalofand premium, if any, and interest on the series
2005 Bonds are payable solely from and secured by an irrevocable first lien upon and
pledge of the Net Revenues (as hereinafter defined) derived and co11ecteclby the City
tromthe operation of the stormwater management system of the City (the "SysteDl").
"Net Revenues" are defined by the Ordinance to include all income or earnings,
including any income from the investment of funds, derived by the City from the
operation of the Syste:mafter deduction of current expenses, either paid or accrued, for
the operation, maintenance .and repair of the System, but not including reserves for
renewals andreplacexne~ts, for extraordinary repairs or any allowance for
depreciation.
The series 200.5 Bonds do not constitute a general indebtedness of the City
within the meanmg of any constitutional, statutory or charter provision or limitation.
The principal of and interest on the Series 2005 Bonds and all required reserve and
other payments shall be made solely from the Net Revenues. The City shaUnever be
required to levy ad valorem taxes on any property therein to pay the principal of and
.interest on the Series 2005 Bonds or to make any oftherequired debt service, reserve
or other payments, and any failure to pay the Series 2005 Bonds shall not give rise to a
lien upon any property of or in the City, except the Net Revenues. .
Rate Covenant. In the Ordinance, the City has covenanted to fix, establish,
revise from time to time whenev~r necessary, maintain and collect always such fees;
tates, rentals and other chalges for the use of the products, services and facilities of
the System which will always provide Net Revenues in each year sufficient to pay one
hundred fUteen percent (115%) of the Bond Service Requirement coming due in such
year on the Outstanding Bonds. Such rates, fees, rentals or other charges may not be
reduced so as to render them insufficient to provide revenues for the purposes provided
therefor by the Ordinance. .
Reserve Fund. The Ordinance creates a separate account in the Reserve
Fund to be funded, or into which there has been deposited a reserve fund surety policy
providing coverage, in an amount equal to the Reserve Requirement applicable to the
respective series of Bonds issued under the Ordinance. The City will satisfy the
Reserve Requirement" applicable to the Series 2005 Bonds with the retention in the
Reserve Fund of the Reserve Fund Surety deposited in connection with the issuance of
the Series 1999 Bonds.
Additional Parity Obligations. Additional Parity Obligations, payable on a
parity from the Net Revenues with the Series 2005 Bonds, may be issued for the
purpose of refunding a part of the outstanding Bonds or financing the . cost of
10
extension$,additions and improvements to the System and for the acquisition and
constrUction of, and extensions, additions and improvements to stormwater
m.anagementsystems which are to be consolidated with the System and operated as a-
single combined utility. Additional Parity Obligations, other than for refunding
purposes, will be issued only upon compliance with all of the conditions set forth in the
Ordinance, including the following:
(1) There shall have been obtained and filed with the Clerk a
certificate of the Finance Director stating: (a) that the books and record$ of the City
relative to the System and the Net Revenues have been reviewed .by an independent
certified public a~Ot1ntant; and (b) the amount of the Net Revenues derived for any
. consecutive twelve (12) months out of the preceding twenty-four (24) months preceding
the date of issuance of the proposed Additional Parity Obligations as adjusted pursuant
to paragraphs 2,3,4 andlor5 below, is eqUal to not1ess than 120% of the Maximum
Bond Service Requirement becoming due in any Fiscal Year thereafter on (i) all Bonds
issuedu.nder the Ordinance,. if any, then Outstanding, and (ii) on the Additional Parity
Obligations with respect to which such certificate is made.
(2). Upon recommendation of the Consulting . Engineers, the Net
Revenues certified pursuant to paragraph 1(b) above may be adjusted by including: (a)
100% ofthe additional Net Revenues which in the opinion of the Consulting Engineer
would have been derived by the City from rate increases adopted before the Additional
Parity Obligations are .issued, if such rate increases had been implemented during the
test period described in paragraph l(b) above, and (b) 100% of the additional Net
Revenues. estimated by the Consulting Engineer to be derived during the first full
twelve month period after thefacilities of the System are extended, enlarged, improved
or added to with the proceeds of the Additional Parity . Obligations with respect tQ
which such certificate is made.
. (3) Upon recommendation of the Consulting Engineers if the
Additional :E>arity Obligations are to be issued for the purpose of acquiring an existing
stormwater system and/or any other utility system, the Net Revenues certified
pursuant to paragraph l(b) above may be adjusted by including: BO%of the additional
estimated Net Revenues which in the written opinion of the Consulting Engineers will
be derived from the acquired facility during the Drst full 12-monthperiodafter tbe
issuance of such Additional Parity Obligations (the Consulting Engineers'report shall
be based on the actual operating revenues of the acquired utility for a recent 12-month
period adjusted to reflect the City's ownership and the City's rate structure in effect
with respect to the System at the time of the issuance of the Additional Parity
Obligations) .
(4) Upon recommendation of the Consulting Engineer, if the City shall
have entered into a contract, which contract shall be for a duration of not less than the
11
nnalmaturityof the proposed Additional Parity Obligations, with any public body,
wh~reby.theCity shall have agreed to furnish any services creating Gross Revenues,
then the Net Revenues certifiedpW'Buant to paragraph l(b) above may be iIlcreased (to
the extent such amounts were not otherwise reflected in such Net Revenues)by the
minilllum amount which the public body shall guarantee to pay in any one year for the
furnishing of serviCes by the City, after deducting from such paYlllent the estimated
Cost of Operation and Maintenance attributable in such year to such services.
(5) Upon recommendations ofthe Consulting Engineers, ifthere is all
estimated increase in Net Revenues to be received by the City as a result of additions,
extensions or improvements to the System during the period of three (3) years
following theoompletion of such additions, extensions or improvementsfi.nanced with
the proc~eds of Bonds or Additional Parity Obligations, then the NetRevenues certified
P\11"Suant to paragraph 1(b) above shall be increased by fifty percent (50%) of the
average annual additional Net Revenues calculated for such three year period.
(6) The City need not comply with theprovisionl:J of paragraph 1 aboVe
if and to the extent the Bonds to be issued are refunding bonds, and if the City shall
cause to be deliveredacertificateofthe Finance Director setting forth the Bond.Semce
Requirements (i) for the Bonds then Outstanding and (ii) for all Series of Bonds to be
immediately Outstanding t~reafterand stating that the Bond Service R~quirements
in any particular year pursuant to (ii) above is not greater than the Bond Setvice
Requi1'ements in thecottesponding year set forth pursuant to (i) above.
(7) The City need not comply with theprovisioIlS of paragraph .1 above
if and to the extent the Bonds to be issued are for the purpose of providing any
necessary additional funds required for completion Qfany improvements to the System
("Completion Bonds") if originally financed with the proceeds .0fBonds; provided that
such Completion Bonds for which the City need not comply with the provision of such
paragraph (1) above may not exceed 10% oithe total principal amount of Bonds
estimated to be required for such imProvements to the System. at the time of issuance
of the initial Senesof Bonds to finance such improvements.
(8). 'rheCityshall not be in default in the carrying out of any of the
obligations assumed under this Ordinance and no event of default shall have occurred
under this Ordinance and shall be continuing, and all payments required by this
Ordinance to be made into the funds and accounts established hereunder shall have
been made to the full extent required.
(9) The ordinance or resolution authorizing the issuance of the
Additional Parity Obligations shall recite that all of the covenants contained herein
will be applicable to such Additional Parity Obligations.
12
See Appendix C, "Conmrmed Copy of Amended Ordinance."
Series 2005 Bonds Not a Debt of the City
The Series 2005 Bonds shall not constitute a general obligation or indebtedness
o/the Oity within themeaniDg of any constitutional, statutory or charter pro\1isionor
liDiitatio:ft~ and no Bondholder shall ever have the right to compel the exerciseoft.he ad
valorem taxing power of the City or taxation in any form of real or personal property
therein for the payment of the principal of and interest on the Series 2005 Bonds Otto
compel the City to pay such principal and interest from any other funds of'the City
except the Pledged Revenues. The Series 2005 Bonds shall not constitute alien upon
any property of or in the City. but shall constitute a lien only on the Pledged Revenues
all in the manner provided in the Ordinance.
Ou.tstanding Parity Obligatjons
The City has previously issued $7,500,000 of its Stormwater System Revenue
Refunding Bolids, Se.ries, 1999 (the "Series 1999 Bonds"), which are currently
Out.standingin the aggregate principal amount of $6.885,000 of which $6.285.000 are
being advance refunded with the proceeds of the Series 2005 bonds. $24,685,000 of its
Storm water System Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds~),.
which are currently Outstanding in the aggregate. principal amount of $23,800,000,
and $14,430,000 City of Clearwater, Florida Stormwater System Revenue Bonds,
Series 2004, which are currently Outstanding in the original aggregate principal
amount, all of which rank on a parity with the Series 2005 Bonds as to the pledge of
the Net Revenues. It is anticipated that' the City will issue Additional Parity
Obligations in 2006, 20()S. 2010, 2012 and 2014 to fund additional capital
improvements to the stormwater liJystem.
MUNICIPAL BOND INSURANCE
TheMBIA Insurance Corporation Insurance Policy
The following information has been furnished by MBIA Insurance Corporation
("MBIA") for use in this Official Statement. Reference is made to Appendix F for a
specimenofMBlA's policy.
13
I
I
I'
!
I
I
The MBIA Policy unconditionally and irrevocably.. guarantees the full and
complete payment required to be made by or on behalf of the Company 1;(). the Paying
Agent Or its successor of an amount equal to (i) the principal of (either at; the stated
maturity or by an advancement of maturity pursuant toa mandatory sinking fund
Payment) and. interest on, the Series 2005 Bonds as such payments shall become due
but shall not be so paid (e~cept that'in the event of any acceleration of the' due date of
such principal by reason of mandatory or optional redemption or acceleration resulting
from default or otherwise, other than any advancement of maturity pursuant to a
mandatory sinking fund payment,the payments gu~tanteed by the MBIA Policy shall
be made in. such amounts and at such times as such paymentsofpnncipal would have
been due had there not been any such acceleration, unlessMBIA elect$in its sole
discretion, to pay in whole or in part any principal dl1e by reason ofsucha~eleraticm);
Iilnd (ii) the reimbursement of any such payment which is subsequently recovered from
any Owner of the Series 2005 Bonds pursuant to a final judgment by a court or
competent jurisdiction thlilt such payment constitutes an avoidable preference to such
Owner within the meaning of any applicable bankruptcy law (a "Preferenc::e~).
MBIA's policy does not insure against loss of any prepayment premium which
may at any time be payable with respect to any Series 2005 Bond. MBIA's policy does
not; under any circumstance, insure against loss relating to: (i) optional or lIlandatory
redemptions (other than mandatory sinking fund redemptions); (if) any payments to be
made on an accelerated basis; (iii) payments of the purchase price of Series 2005 Bonds
upon tender by an owner thereof; or (iv) any Preference relating to (i) tlu-()u~h (iii)
above,. MBIA's policy also does not insure against nonpayment of priDcipal .of or
intere$t on the Series 2005 Bonds. resulting from the insolvency, negligeIlceorany
other act or omission of the Pa,yingAgent or any other paying agentior the Series 2005
Bonds.
Upon receipt of telephonic .01' telegraphic notice, such notice subsequently
confirmed in writingby registered or certified mail, or upon receipt of written Jioticeby
registered or certified mail, byMBIA from the ,Paying Agent or any ownercf a Series
2005 Bond the payment of an insured amount for which is then due, thatsu<:hrequired
payment has not been made, MBIA on the due date ofeuch payment or within one
business day after receipt of notice ofsuch nonpayment, whichever is later, will make a
deposit of funds, in an account with U.S. Bank Trust National Association, in New
York, New York, or its successor, sufficient for the payment of any such insured
amounts which are then due. Upon presentment and surrender of such Series 2005
Bonds or presentment of such other proof of ownership of the Series 2005 Bonds,
together with any appropriate instruments of assignment to evidence the assignment
of the insured amounts due on the Series 2005 Bonds as are paid by MBIA, and
appropriate instruments to effect the appointment ofMBIA as agent for such owners of
the Series 2005 Bonds in any legal proceeding related to payment of insured amounts
on the Series 2005 Bonds, such instruments being in a form satisfactory to U.S. Bank
14
Trust National Association, D.S.Bank Trust National Association shall disb\l1'se to
such owners or the Paying Agent payment of the insured amQunts due on such Series
2005 Bonds, less any amount held by the Paying Agent for the payment of suchmsured
amQUn.tsand legally available therefor.
Debt. Service Reserve Fund Surety Bond
MBIA has previously issued a surety bond (the "Debt Service lleserire1.1'und
Surety Bondll) to satisfy the ~serve Account Requirement applicable to the 1999
Bonds and hasi$sued.a cOIXlmitmenttocontinue the Debt Service Reserve FundS1irety
BOnd in full force andeft'ect to.$atisfy the Reserve Fund Requirement applicable to the
Series 2005. Bonds. The Debt Service Reserve Fund Surety Bond provides tha~ upon,
notice from the Paying Agent to the MBIA to the effect that insufficient amounts are on,
deposit in the Debt Service Fund to pay the principal of (at maturity or pursuant to
mandatory redemption requirements) and interest on the Series 2005 Bonds, the MBIA
will promptly deposit with the Paying Agent an amount sufficient to pay the principal
of and- interest on the Series 2005 Bonds or the available amount of the Debt Service
Reserve Fund Surety Bond, whichever is less. Upon the later of: (i) three (3) days after
r:eceiptby the MBIA of a Demand for Payment in the form attached to the Debt Service
ResarveFund Surety Bond, duly executed by the Paying Agent; or (ii) the payment
date of the Series 2005 Bonds as specified in the Demand for Payment presentedhy the
Paying Agent to the MBIA, the MBIA will make a deposit of funds in an account with
U.S. Bank Trust Natio;n.alAs$ociation, in New York, New York, or its successor,
sufficient for the p~yxnent to the Paying Agent, of amounts which are then due to the
Paying Agent (as specified in the Demand for Payment) subject to the Surety Bond
Coverage.
The available amount of the Debt Service Reserve Fund Surety Bond is the
initial face amount of the Debt Service Reserve Fund Surety Bond less the aD1ountof
any previous deposits by the MBIA with the Paying Agent which have not been
reimbursed by the City. The City and the MBIA have previously entered.mtoa
Fin@cial Guaranty Agreement (the "Agreement"). Pursuant to the Agreement, the
City is required to reimburse the MBIA, within one year of any deposit, the a1Ilount.of
such deposit made by the MBIA with the Paying Agent under the Debt Service Re~rve
Fund Surety Bond. Such reimbursement shall be made only after all required deposits
to the Debt Service Fund have been made.
Under the terms of the Agreement, the Paying Agent is required to reimburse
the MBIA, with interest, until the face amount of the Debt Service Reserve Fund
Surety Bond is reinstated before any deposit is made to the Revenue Fund. No
optional redemption of Series 2005 Bonds may be made until the MBIA's Dept Service
Reserve Fund Surety Bond is reinstated. The Debt Service Reserve Fund Surety Bond
15
will be .held by thePaYi~gAgent in the Debt Service Reserve Fund and is provid~da$
an alternative to the City depositing funds equal to the Debt Service Requirement for
outstanding Series 2005 Bonds. The Debt Service Reserve Fund Surety Bond will be
. maintained in the face amount equal to the Reserve Fund Requirement applicable to
the Series 2005 Bonds and the premium therefor has been fully paid by the City.
MBlA
MEtA Insurance Corporation ("MBIA") is the principal operating subsidiary of
META lnc.,s New York Stock Exchange listed company (the "Compa.ny"). The
Company is not obligated to pay the debts of or claims against MBlA. MEIA is
domiciled in the State of New York and licensed to do business in and subject tc)
regulation. under the laws of all 50 states, the District of Columbia. the Commonwealth
of Puerto Rico, the Commonwealth of the Northem Mariana Islands, the Virgin Islands
.of the United States and the Territory of Guam. MBlA has three branches, one in the
~epublicofFrance, one in the Republic of Singapore and one in the Kingdom of Spain.
New York has laws prescribing minimum capital requirements. limitiIlg classes and
concentrations of investments and requiring the approval of policy rates and forms.
State laws also regulate the amount of both the aggregate and individual risks that
maybe insured, the payment of dividends by MUlA, changes in control .and
transactions among affiliates. Additionally, MBIA is required to maintain contingeIlCY
reserves on its liabilities in certain amounts and for certain periods of time.
.MBlA does Ilotaccept any responsibility for the accuracy oro>mpleteness of this
Official Statement or any information or disclosure contained herein, Or. omitted
herefrom, other than with respect to the accuracy of the information regarding the
pOlicy and MBIA set forthundel' the heading "MUNICIPAL BOND INSURANQE."
Additionally, MBIA makes no representation regarding the Serie5 2005 Bonds Or the
advisability otinvestmg in the Series. 2005 Bonds. .
MBIA Information
The fC)llowing documents filed by the CC)mpany with the Secw:ities and ExchaIlge
Commission (the "SEG") are incorporated herein by reference:
(1) The Company's Annual Report on Form lOoK fClr the year ended
December 31,2003; and
(2) The Company's Quarterly Report on Form 10-Q for the quarter ended
September 30, 2004.
Any documents filed by the Company pursuant to SectioD8 13(a), 13(c), 1401'
15(d) of the Exchange Act of 1934, as amended, after the date of the Company's most
recent Quarterly Report on form 10-Q, and prior to the. terminatiCln of the offering of
16
the Series 2005 Bonds offered hereby shall be deemed to be incorporated by reference
in this Official Statement and to be a part hereof. Any statement contained in. a
document incorporated or deemed to be incorporated by reference herein, or contaiped
in this Official Statement, shall be deemed to be modified or superseded for purposes of
this Official Statement to the extent that a st8tement contamed herein orin ahy other
subsequently filed document which also is or is deemed to be incorporated by reference
herein modifies or supersedes such statement. Any such statement so modified'or
superseded shall not be deemed, except as so modified or superseded, to constitute a
part of this Official Statement.
The Company files annual. quarterly and specia1reports, information
statements and otl:1er information with the SEe under File No. 1-958,3. Copies of the
SECfilinga (including (1) the Company's Annual Report on FOrIIlIO-K for the year
ended December 31, 2003, and (2) the Company's Quarterly Reports on Form lQ-Q for
the quarters ended March 31, 2004, June 30, 2004 and September30,200<4)are
available (i) over the Internet'at the SEe's web site at httD:llwww.see.flOVj (ii) at the
SEC's public reference room in Washington D.C.; (iii) over the Internet at the
Company's web site at http://WWw.mbia.com; and (iv) at no cost, upon req,1.1esttoMBIA
Insurance Corporation,Ua . King street, Armonk, New York 10504. The telephone.
number ofMBIA is (914)273-4545.
As of December31,2003,MBIA had admitted assets of $9.9 billion (aUdited),
total liabilities of $6.2 billion (audited), and total capital and surplus of $3.7 billion
(audited) determined in accordance with statutory accounting practices prescribed or
permitted by insurance regulatory authorities. As of September 30,2004 MBIA had
adm.itted assets of$10.4 billion (unaudited), total liabilities of $6.7 billion (unaudited),
and total capital and surplus of $3.7 billion (unaudited) determined in accordance with
statutory accounting practices prescribed or permitted by insurance regulatory
authorities.
Financial StrengthQf MBIA
Moody's Investors Service, Inc. rates the financial strengthofMBIA "Aaa."
Standard & Poor's, a division of The McGraw-Hill Companies, Inc. rates the
financial strength of MBIA .. AAA."
Fitch Ratings rates the financial strength of MBIA .. AAA."
Each rating ofMBIA should be evaluated independently. The ratings reflect the
respective rating agency's current assessment of the creditworthiness ofMBIAand its
ability to pay claims on its policies of insurance. Any further explanation as to the
17
signi$.cance of theaboverating8 may be obtained only from the applicable rating
agency.
The above. ratings are not recommendations to buy, sell or hold the S.e1'ie82005
Bondsl and. such ratings may be subject to revision or withdrawal at any time by the
rating agencies. Any downward revision or withdrawal of any of the above ratings may ,
. have an adverse effect on the market price of the Series 2005 Bonds. MBIA does.n.ot
guaranty the market price of the Series 2005 Bonds nor does it guaranty that the
ratings on the Series 2005 Bonds will not be revised or withdrawn.
The insurance provided by this policy is not covered by the Florida. In~urance'
Quaranty Association created under chapter 631, Florida Statutes.
18
Fi$cal
Year
Endinlt
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2Q26
2026
2027
2028
2029
2030
.2031
2032
2033
DEBT SERVICE REQUIREMENTS
Parity Bonds
Debt
Service
Series 2005
Bonds
PrineiDal
19
Series 2006
Bonds
Interest
Serles2005
Bonds
Total
SOURCES AND USES OF FUNDS
SOURCES OF FUNDS
Par Amount of Bonds
Accrued Interest
Less: Net Original Issue Discount
Less: Undel,'writer's Discount
TOTAL SOURCES
USES OF FUNDS
Deposit to Debt Service Fund
Deposit to Escrow Fund
Costs ofIs8uance (1)
TOTAL USES
(1) Includes costs of issuance, municipal bond insurance premium. No premium
has been charged for the retention in the Reserve Fund of the reserve fund surety
deposited in connection with the issuance of the Series 1999 Bonds.
20
THESTORMWATER MANAGEMENT SYSTEM
Physical Descdption
The City of Clearwater was created in 1923 by Chapter 9710, Special Laws of
Florida, with all governmental, corporate and proprietary powers to enable it to
conduct municipal government, perform municipal functions and render municipal
services, and to exercise any power for municipal purposes except where expressly
prohibited by law. A major municipal function of the City of Clearwater is the efficient,
economic,andsafe operation of the City stormwater infrastructure for the health,
.safety, and general welfare of the public. The management of stormwater in the City
. was establishedin 1991 as a city lltility enterprise in accordance with Florida Statutes
and funded by a sto1'n1waterutility fee for stormwatermanagement service, levied
. against aU develop.ed. property within the City to provide planning, design,
construction, operation, tnaintenance, regulation, surveying,. and. inspection. of the
stormwater manageIIlel1tfacilities within the City. Those services provide system
management for approximately 120 miles of storm sewers, 9 square miles: of open
water, and more than 14,400 structures (e.g. culverts, flumes, weirs, catchbasin$,etc~)
to manage drainage for the City, having a population of approximately 10$,000
permanent residents and 20,000 winter residents.
Management
The City has a Council"Manager form ofmunicipal governmerit. The Mayor and
Council MeIIlbersare elected by the City voters on an at-large basis. All have voting
power at Councilmee.tings which are chaired by the Mayor. The City Council appoints
the City Manager and the City Manager is responsible for appointing all officers and
employees in the administrative service of the City, including the Public Works
Administrator.
Public Works Administration is administered by the Public Works AdIIlinistratQr
who reports to the City Manager through the Assistant City Manager. The stormwater
system is one of seven utilities (Water. Sewer, Reclaimed Water,Gas, Solid Waste,
Recycling, and Stormwater) billed on a consolidated basis by the Clearwater Utility
Customer Service Department.
Mahshid D. Arasteh. P.E. serves as the Public Works Administrator. She
received her Bachelor of Science Degree in Civil and Urban Engineering from the
University of Pennsylvania in 1980 and her Masters of Science Degree in Civil and
Urban Engineering, Mechanical Engineering and Applied Mechanics in 1982. She is a
21
IIlemherQf1;he, FloridaEIlgi~~.ring Society and the Insti.tute of Trafne Engineers, and
lIa~be.enaregiateredProfe$sioIl.alEngineer in the state of Florida since 1987.
, I',~
MichaelD. Quillen, P .E. serves as the Director of the Engineering DepaX'tment
andreportstQ the Public Works Administrator. He received his Bachelor of Science
Degree in Civil Engineering from Purdue U niversityin 1977. He is a D;lemher of the
Florida Engineering Society and has been a registered,Profeeeiomtl Engineer i.n the
state of Florida since 1983.
Gary A. Johnson, C.G.C., serves as the Public Service Director. He received his
Bachelor of Build.ing Construction degree in 1977 from the University of Florida and in
1979, obtained;;tris QeneralContractor License from the State of Florida. He continues
to serve on the PmeUas . County Pu.blicW orks Academy Board of Trustees, a position he
has held since -1989.
aates, Fees and Charges
The City uses a measurement of one equivalent residential unit or EItUas the
basis for the stQrmwater management utility fee. The rate per ERU was tUIcbanged
from the inception ofthe utility on January 1, 1991 until 1998 when annual inCreases
were adopted for five fiscal years beginning ,October 1, 1998. In November" 2001,
additiona.l increases were adopted including a change to the increase previously
adopt~d to be. effective on October 1, 2002. The monthly rates at inception and as
adopted in 1998, 2001and2004.and.are:
22
Rate Per
Effective Date ERU
January 1, 1991 $3.00
October 1, 1998 4.00
October l~ 1999 4.17
October 1, 2000 4.35
October 1, 2001 4.54
January 1, 2002 6.13
October 1, 2002 7.16
October 1, 2003 8.01
October 1, 2004 8.65
October 1, 2005 9.35
October 1, 2006 9.63
October 1, 2007 9.92
October 1, 2008 10.22
Single-family homes, multifamily units, condominium units, apartments and
mobile homes are rated as.one ERU per dwelling unit. Nonresidential property is
charged at the rate of 1,830 square feet of impervious area per ERU.
23
Historical Net Revenues
2000
2001
2002
938 338
3 188 260
6 846 086
3 957577
1 755 078
1 716 012 $2 888 509
3 933 186
3 757044
Pro:jecteQM~~im\lm
Annllal D$bt ServiCe
2900000
2 900 000
(1) Estimated maximum debt service on the unrefunded Series 1999, the Series,
the Series 2003 Bonds, the 2004 Bonds and the Series 2005 Bonds and accrues each year
ihrough2030.
Note: The periods shown are periods dllring which Bonds have been Outstanding.
With little undeveloped property in the City and no rate increase from the Utility's
inception in 1991 until 1999, revenues remainedtlat while expenses such as personnel
services, professional fees, interfund charges and repairs and maintenance have
increased significantly. Rate increaaes of 33.3% for 1999 and 4JJ%for each subsequent
YEilar through 200$ wereapprovEildin August, 1998. In November, 2001, to fund
significant incr$asesili t~ ~tQrmwater system capital improvement program,rate
inc:re;,lBesto $6.1.Setl'et:~V'eJan\laty 1, 2002, to $7.16, effective October 1, 2002, tQ$8.01,
effective October 1, 2003, tp $8.65. effective October 1, 2004 and to' $9.35,effe(ltive
October I, 2005 were approvet1. 'roptovide funding to continue the capitalimprovEilroent
program and provide for increa~d nuLintenance and 88set man.agement, rates ~e1'e
incrtlased in August, 2004, by 3% per year to $9.63, effective October 1, 2006, $9.92,
effective October 1, 2007 and $10.22. effective October 1, 2008.
FINANCIAL STATEMENTS
The combined financial statements and Stormwater~nterpri8e fund financial
statements of the City at September 30. 2004 and for the Fiscal Year then ended.
.. appended hereto as Appendix B, have been excerpted from the financial statements
contained in the City's Comprehensive Annual Financial Reports for the Fiscal Year
ending September 30, 2004.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45, Florida Statutes, the City
adopted a written investment policy which applies to all funds heldhy or for the benefit
of the City Council (except for proceeds of bond issues which are deposited in escrow
and debt service funds and governed by their bond documents) and funds of
Constitutional Officers and other component units of the City.
24
The objectives of the investment policy, listed in order in order of hnportance,
are:
1. Safety of principal
2. Provision of sufficient liquidity
a. Optimization of return within the constraints of safety an.d liquidity
The investment policy limits the securities eligible for inclusion in the City's
portfolio. The City will attempt to maintain a weighted average maturity of its
investments at or below three years; however, the average maturityofipyestments
m.~ynotexceed four years. .
To enhance safety, the investment policy requires the diversification of the
portfolio to reduce the risk of 1088 resulting from over-concentration of assets in a.
specific class of security. The investment policy also requires the preparationQf
periodic reports for tbeCity CO'LUlcll of all outstanding securities by class or type, hook
value, Income earned and market value as of the report date.
Notwithstanding .tbe roregoing, moneys held in the funds and accounts
established under the Ordinance may be invested only in Permitted Investments,as
described in the Ordinance.
LEGALITY FOR INVESTMENT
The Series 2005 Bonds constitute legal investments in the State of Florida for
state, county,mumcipaland all other public funds and for banks. savings banks,
insurancecompanies,executors, ac1miniatrators, trustees and all other fiduciaries, and
. also 'constitute securities eligible as collateral security for all state, county, municipal
and other public mnds.
25
TAX EXEMPTION
Federal Income Tax Matters
The Internal Revenue Code of 1986. as amended (the "Code") establishes certain
requirements which must be met subsequent to the issuance and delivery of the Bonds
in order that interest on the Bonds be and remain excluded !rom gross income for
purposes of federal income taxation. Nonacompliance may cause interestonthe Bonds
to be included in federalgtoss income retroactive to the date of issuance of the Bonds
regardless ofthedateonwhic:Q.such non,.compliance ocCurs or is ascertained. These
requirementsinc1ude, but az:e not limited to, provisions which prescribe yield and other
limits within which the proceeds of the Bonds and the other amounts are to bemvested
andreqltire that certain investment earnings on the foregoing must be rebated .on a
periodic basis to the Treasury Department of the United States. The County has
cOvenanted in the Resolution to comply with such requirements in order to maintain
theexcl\1sion froni federal gross income of the interest on the Bonds.
In the opinion of Bond Counsel, assuming compliance with the aforementioned
covenants, under existing laws, regulations. judicial decisions and rulings, interest on
the Bonds is excluded from gross income of the holders thereaffor purposes offederal
income taxation. InterestontheBonds is not an item of tax preference forputposesof
the federal alternative mWDlllm taximp08ed on individuals or corporations; however,
interest on the Bondsmaybesubjectto the alternative minimum. tax when any Bond is
held bya corp.oration. The alternative minimum taxable income of a corporation must
be increased by 75% ofthe excess of such corporation's adjusted current earnings over
its alternative minimum taxable income (befnre this adjustment and the alternative
tax netoperatingloss deduction). "Adjusted Current Earnings" will include interest on
the Bonds.
Except as described above, Bond Counsel will ,express no opinion regarding the
federal income tax consequences resulting from the ownership of, receiptor accrual of
interest on, or disposition of Bonds. Prospective purchasers of Bonds should be aware
that the ownership of Bonds may result in collateral federal income tax consequences,
including (i) the denial of a deduction for interest on indebtedness incurred or
continued to purchase or car:ry Bonds, (ii) the reduction of the 1088 reserve deduction
for property and casualty insurance companies by 15% of certain items, including
interest on the Bonds, (iii) the inclusion of interest on the Bonds in earnings of certain
foreign corporations doing business in the United States for purposes of a branch
profits tax, (iv) the inclusion of interest on Bonds in passive income subject to federal
income taxation of certain S corporations with Subchapter C earnings and profits at
the close of the taxable year, and (v) the inclusion of interest on the Bonds in "modified
adjusted gross income" by recipients of certain Social Security and Railroad Retirement
26
henefits for purposes of determining whether such benefits are included in gross
income. for federal income tax purposes.
PIJR.CHASE, OWNERSHIP, SALE OR DISPOSITION OF THE BONDS AND
THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE
ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDMDU# AND
CORPORATE REGISTERED OWNERS. PROSPECTIVE REGISTERED OWNERS
SHOULD CONSULT WlT:a THEIR TAX SPECIALISTS FOR INFORMATION IN
THAT REGARD.
During rec~nt years legislative proposals have been introduced in Congress, and
. in some cases enacted that altered certain federal taJC consequence~ resl11ting from the
,ownership, of obligations that are 8imi.lar to the Boncis. In s~meca~eatheaeproposal$
have contained provisions that altered these consequences on a, rekoactive bas~. Such
alteration of federal tax consequences may have ,affected the market valueo!
. obligations similar to the Bonds. From time to time, legislative proposals arependiIig
which could have an effect on both the federal tax consequences 'resultiilg from
ownership of Bonds and their maraet value. No assurance can be given that legislative
proposals will not be:in.troduced or enacted that would or might apply to, or have an
adverse effect upon, the Bonds.
. Florida Tax Matters
On the date of delivery of the Bonds, Bond Counsel will issue an opinion to the
effect that under existing statutes. regulations and judicial decisions, the Bonds and
the income therefrom are exempt from taxation under the laws of the State of Florida,
except as to Florida estate taxes imposed by Chapter 198, Florida Statutes, as
amended, and net income and franchise taxes impoaed by Chapter 220, Florida
Statutes, as amended.
RATINGS
Moody's Investors Service, Inc. ("Moody's"), Standard & Poor's, a division of The
McGraw-Hill Companies, Inc. C'S&P') and Fitch IBCA, Inc. ("Fitch") would be expected
to issue their ratings of "Aaa," "AAN' and "AAA.," respectively, with respect to the
Series 2005 Bonds, based on the issuance of the Policy by MBlA. In addition, Moody's,
S&P and Fitch have assigned underlying ratings to the Series 2005 Bonds of"A3," "A"
and "A" respectively, without regard to the Policy. The ratings retlect the view of
, Moody's, S&P and Fitch and any explanation of the significance of such ratings may be
obtained only from Moody's, S&P and Fitch. There is no assurance that such ratings
will remain in effect for any given period of time or that such ratings may not be
..lowered or withdrawn entirely by the rating agencies, if in their opinion or judgment,
27
circuJn$tancesso warrant. Any downward revision or withdrawal of the ratings may
have an adverse effect on the market price and marketability of the Series 200.5 Bonds.
LITIGATION
Except as described below, in the opinion of the City Attorney there is no
litigation now pending or threatened (i) to restrain or enjoin the issuance or sale Qfthe
Series 2005 Bonds or (ii)questiQning or affecting the validity of the Series 2005 Bonds,
the Ordinance or the pledge of the Net Revenues by the City or the proceedings for the
authorization, sale, execution or delivery of the Series 2005 Bonds.
The City is involved in certain litigation and disputes incideIltal to its
<>peta.tians. Upon the,basis of information ,presently available, the City Attorn~y
believes that there are substantial defenses to such litigation and disputes andtbat, in
any even~, any ultimate liability, in excess of applicable insurance coverage,resulting
therefrom will not materially adversely affect the financial positiQn or results of
operations of the City.
The Pinellas CountySchQolBoard and St. Petersburg Colle gel 8.8 the only public
educational institutions in th.e City,filed suit against the City in the Circuit Court of
Pinellas Countyseekmg a declaration that, as public educational institutions, they~e
statutorily exempted from payment of the stormwater utility fees. The City settled the
litigation with St. Petersburg College by paying $100,000 and agreeing not to asSesS
the stonnwater fees against it until there is a final appellate court opinion or Florida
Supreme COUrt opinion determining that the fees are a utility user fee.
The City has not collected stOrmwater utility fees from the Pmellas. County
SchoolBoard for over three years; however, the School Board has demanded refunds of
Stormwater utility fees paid prior to that time. The Circuit Court of Pinellas County
found in favor of the Pinellas County School Board and was awarded a judgment in the
amount of $343,663.49. The City intends to appeal the judgment. Any damages
ultimately awarded would be payable from Net Revenues and it is not possible at this
time to predict the exact amount of such potential damages; however, the City is oHhe
opinion that the payment 9f any such damages would not have a material adverse
effect on the operation oHhe System or the payment of Debt Service on the Series 2005
Bonds. The issues raised in the suit do not pose a general challenge to the validity of
the storm water utility fees or the collection thereot: which issues were validated as
described below, but only challenge the applicability of such fees under certain
circumstances to plaintiffs as public educational institutions.
28
VERIFICATION OF MATHEMATICAL COMPUTATIONS
Thearitbm.eticalaccutacy of certain computations included in the schedUles
provided,by RBCDain Rauscher Inc. on behalf of the City relating to (a) computation
of forecasted receipts of principal and interest on the Federal Securities and the
forecasted payments otprincipal and interest to redeem the Refunded Bondst and (b)
computation of the yields on the Refunding Bonds and the Federal Securities was
examined by McGladrey & Pullen,LLP, Minneapolis, Minnesota. Such computations
were based solely upon assumptions and information supplied by RBG.Dain Rauscher
. Inc. on behalf of the City. McGladrey & Pullen, LLPhas restricted its procedures to
examining the. arithmetical accuracy of certain computations. and has not made .tI.1ly
studyorevalu,ation ofthe assumptions and information upon w.hich the computations
are based andt accordingly, has not expressed an opinion on the data used, the
reasonableness of the assumptions, or the achievability of the forecasted outcome..
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance
of the ~ries2005 Bonds. These advisors and consultants are compensated from a
portion of the proceeds of the Series 2005 Bonds. identified as '~Costs of!ssuanc:et'
under the heading "ESTIMATED SOURCES AND USES OF FUNDS" herein; atid8~h
compensationt is, in some instances. contingent upon the issuance of the Bonds andthe
receipt of the proceeds thereof.
, Financial Advi'or~The City has retained RBe Dain Rauscher Inc.. St.
::petersburg, Florida (the "Financial Advisor"), as the Citys financial advisor. The fees
of the Financial Advisor will be paid from proceeds of the Series 2005 Bonds. and ,sUlCh
payment is contingent upon the issuance of the Series 2005 Bonds;
Bond Counsel. Bryant Miller & Olive P.A. Tallahassee, Floridarepresent$ the
City as Bond Counsel. The fees of Bond Counsel will be paidfromproceeda of the
Series 2005 Bonds, and such payment is contingent upon the issuance of the Series
2005 Bonds.
Disclosure Counsel. Nabors, Giblin & Nickerson.P.A., Tampa, Florida
represents the City as Disclosure Counsel. The fees of Disclosure Counsel will be paid
from proceeds of the Series 2005 Bonds, and such payment is contingent upon the
issuance of the Series 2005 Bonds.
29
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial owners of
the Series 2005 Bond$ tQprovide' certain ffuancial information and operating (lata
relating to the City by not later than June 30 in each year commencing June 30,2006
(the "Am:.lual Repore')" and to provide notices of the occurrence of certain enumerated
events, if de.emedby the City to be. material. The Annual Report will be filed by the
City with each Nationally Recognized Municipal Securities InfarmationJ:l,epo$itol'Y
("NRMSIR"),and with the State of Florida Repository,if and when created. The
notices of material events will be filed by the City with the NRMSIR, and witbtheState
of Florida Repository, if and when created. The form of Continuing Disclosme
Certificate containing the ,specific nature of the information to be contained in the
AI1.Ilual Report orthe notices of material events appears in <<APPENDIXD -FORMOF
CONTINIJING DISCLOSURE CERTIFICATE." These covenants have been made in
ordertoassistthe Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). The City
has never'failed to comply in all material respects with any previous undertakings with
regard to said Rule to pt:6vide annUal reports or notices of material events..
ENFORCEABILITY OF REMEDIES
The remedies available to the registered owners of the Series 2005 Bonds upon
an event of default under the Ordinance are in many respects dependent upon judicial
actions which are often subject to discretion and delay. Under existing constitutional
and statutory law and judicial decisions, including specifically Title II of the United
States Code, the remediesspecif1ed by the federal bankruptcy code, the Ordinance and
the Series 2005 Bonds may not be readily available OJ.' may be limited. The various
legal opinions to be delivered concurrently with the delivery of the Series 2005 Bonds
(including Bond Counsel'sappl'oving opinion) will be Ql1Sllified, as to the enforceability
oithe vario'Us1egal instruments, by limitations imposed by bankruptcy, re~anization,
insolvency or other siInilar laws affecting the rights of creditors enacted before or after
such delivery.
30
CERTAIN LEGAL MATTERS
Certain legal matters in connection with the issuance of the Series 2005 Bonds
are subject to the approval of Bryant Miller & Olive P A. Tallahassee, Florida, Bond
Counsel, whose approving opinion willbe available at the time of delivery of the Series
2005 Bonds. and will be printed on such Bonds. The proposed form. of Bond Counsel
opinion is attached hereto as Appendix E and reference is made to such form of opinion
for the complete text thereof. Certain legal matters will be passed upon for the City by
Pamela K.Akin, Esquire, City Attorney and by Nabors, Giblin & Nickerson, P.A.,
TamP8, Florida, disclosure counsel to the City.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Section 517.051, Florida Statutes, and the regulations promulgated thel'eunder
(the "Disclosure Act") re~uire that the City make a full and fair disclosure of any bonds
or other debt obligations that it has issued or guaranteed and that are or have been in
default as to principalorinterestat any time after December 31, 1975 (including bonds
or other debtohligations for which it has served only as a conduit issuer s\lch as
industrial development or private activity bonds issued on behalf of private '
businesses). The City is not, and has not since December 31, 1975. been in default a.s
to principal and interest on bonds or other debt obligations for which ad valorem or
. non. ad valorem revenues of the City are pledged.
The City hereby makes the following disclosure regarding a default on an i$sue
of industrial development bonds not related to any directind.ebtedness of the City, as it
is aware ofaprior default in .1990 with respect to an issue of industrial revenue bands
for which the City served only as a conduit issuer. The City was not lia.ble to pay the
principal of or interest on such bonds except from payments made to it by the private
company on whose behalf such bonds were issued and no funds of the City were u~clto
pay such bonds or the intere.st thereon. Although the City is not aware of any other
defaults with respect to bonds or other debt obligations as to which it has served only
as a conduit issuer, it has not undertaken an independent review or investigationaf
such bonds or other debt obligations.
31
FINANCIAL ADVISOR
The FilUlncial Advisor for the City is RBC Dain Rauscher Inc., with offices .
located at 100 Second Avenue South, Suite 800, St. Petersburg, Florida 33701.4386.
MISCELLANEOUS
The references, excerpts and summaries of all documents referred to herein do
not purport to be complete statements of the" provisions of such documents.. and
reference is directed to all such documents for full and complete statements.ofall
matters of fact relating to the Series 2005 Bonds, the security for the payment of the
Series 2005 Bonds,and the rights and obligations of holders thereof.
The imormationcontained in this Official Statement involving matters of
opinion or of estimates, whether or not so expressly stated, are set forth as such and
not as representations of fact, and no representation is made that any of the estimates
wjlI be .realized. Neither this Official Statement nor any statement which may have
been.made verbally or in writing is to be construed as a contract with the holders of the
Series 2005 Bonds.
The execution and delivery of this Official Statement by ita Mayor and its City
Manager has been duly authorized by the City Council.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard, Mayor
. William B. Home. II, City Manager
32
APPENDIX A
GENERAL DESCRIPTION OF THE CITY AND SELECTED
STATISTICS
APPENDlXB
EXCERPTS' FROM THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2008
APPENDIX C
CONFORMED COpy OF AMENDED ORDINANCE
APPENDIX D
FORM OF CONTINUING DISCLOSllRE CERTIFICATE
OONTlNT.lING DISCLOSURE CERTIFICATE
. This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered hythe CIty of Clearwater, Florida (the "Issuer") in connection with the
issuance ofits$6,925,000.'Stormwater System Revenue Refunding Bonds, Serie8~005
(the "Sedes2005 Bollds"). The Series 2005 Bonds are being issued pursuant to
Ordinance No. 6378'-99, enacted by the City on April 15, 1999, as amended by
Ordinance No. 6931-02, enacted by the City on July 18,2002, as supplemented (the
"Otdinance"). The Issuer covenants and agrees as follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE.
This Disclosure Certificate is being executed and delivered by the Issuer for the benefit
of the Series 2005 Bondholders and in order to assist the original underwriters of the
Series 2005 Bonds in complying With Rule 15c2-12(b)(5) promulgated by the Securities
and Exchange .Commission ("SEC") pursuant to the Securities Exchange Act of 1934
(the "Rule").
SECTION 2. PROVISION OF ANNUAL INFORMATION.
E~cept as otherwise provided herein, the Issuer shall provide to all of the nationally
reCOgnized municipal securities information repositories described in Section 4 hereof
(the ~'NRMSIRs"), and to any state information depository that is estahlished within
the State of Florida (the "SID"), on or before June 30 of each year, commencing JUlle
30, 2006, the information set forth below in this Section 2. Notwithstanding the
. immediately preceding sentence, to the extent any such information does notbecome
available to the Issuer before June 30 of any year, the Issuer shall.providesu.eh
infQrmation when it becomes available, but no later than one year following the end of
the Issuer's Fiscal Year.
(A) the Issuer's COlllprehensive Annual Financial Report for the immediately
preceding Fiscal Year (the "CAFR"), which shall include the audited :financial
statements of the Issuer for the immediately preceding . Fiscal Year prepared in
accordance with Generally Accepted Accounting Principles, as modified by applicable
State of Florida requirements and the governmental aceountingst~dards
promu.1gatedby the Government Accounting Standards Board; provided,however,if
the audited financial statements of the Issuer are not completed prior to June 30 of any
year, the Issuer shall provide unaudited financial statements on such date and shall
provide the audited financial statements as soon as practicable following their
completion; and
(B) to the extent not set forth in the CAFR, additional financial information
and operating data of the type included with respect to the Issuer in the final official
statement prepared in connection with the sale and issuance of the Series 2005 Bonds
(as amended, the "Official Statement"), as set forth below:
37
1. Updates ofthenna:ncial inforntationset forth in the Official
';- Statement under the suhcaptions "Rates, Fees.and Charges. and lIHistoricalNet
Revenues" under the principal captions "THE STORMWATER MANAGEMENT
SYSTEM" ( in the case of the material under the caption "Historical Net
Revenues," for the then-immediately preceding five fiscal years).
2. Description of any additional indebtedness payable in whole or in
part from the Net Revenues (as defined in the Ordinance).
3. Any other financial information or operating data of the type
included in the Official Statement which would be material toa holder or
prospective holders of the Series 2005 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year-means the period
commencing on October 1 and ending on September 30 of the next succeeding year, or
such other period of time provided by applicable law.
" SECTIONS. REPORTING SIGNIFICANT EVENTS. Thelssuer
shall provide to the NRMSIRs or the Municipal Securities Rulp-mAking Board (the
'!MSRB") and to the SID, on a timely basis, notice of any of the following events, if such
eventis material with respect to the Series 2005 Bonds or the Issuer's ability to satisfy
its payment obligations with respect to the Series 2005 Bonds:
(A)
(B)
(C)
difficulties;
(D)
(E)
(F)
(G)
(H)
(1)
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on the debt service reserve fundreflectingfmancial
Unscheduled ~aws on credit enhancement reflecting financial difficulties;
Substitution of credit or liquidity. providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the
Series 2005 Bonds;
Modifications to rights of Series 2005 Bondholders;
Redemptions;
Defeasances;
, 38
(J)Release, substitution, or sale of property securing repaymentofthe Series
2005 Bonds;
(K) Rating changes; and
(L) Notice of any failure on the part of the Issuer or any other Obligated
Person (as defined. herein) to meet the requirements of Section 2 hereof.
The Issuer may from time to time, in its discretion, choose to provide notice of
the occurrence of certain other events, in addition to those li$ted in this Section 3, it: in
tbe Ju<igment of the Issuer, such other events are material with respect to the Series
2Q05Bonds, but the Issuer does not specifically undertake to commit to provide any
such additional notice of the occurrence of any material event except those events listed
above. .
Whenever the Issuer obtains knowledge of the occurrence of a significant event
described in this Section 3, the Issuer shall as soon as possible determine if such event
would be materialun.der applicable federal securities law to holders of Series 2005
Bonds, 'Qrovided. that any event. under clauses (D), (E), (F), (K) or (L) abovewilLll1waY8
be de.emed to be Dlaterial.
SECTION 4.. NRMSIRs. In addition to anyNRMSIRs that are
establiElhed subsequently and approved by the SEC, the NRMSIRs towmchtheCounty
shall provide the information described in Sections 2 and 3 above, to the extent
required, shall be the following organizations, their successors and assigns:
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: (609) 279~3225
Fax: (609) 279~5962
http://www .bloomberg.co:mlmarkets/muni_contactinfo~html
EmaiI: MuniS@Bloomberg.com
39
DPe Data Inc.
One Executive Drive
Fort Lee, NJ 07024
.Phone: (201) 346.0701
Fax: (201) 947-0107
http://www.dpcdata.com
Email: nrmsir@dpcdata.com
FT Interactive Data
NRMSIR
100 William Street
New York, New York 10038
Phone: (212) 771.6999
F~: (212) 771-7390 (Secondary Market Information)
(212) 771-7391 (Primary Market Information)
http://www.interactivedata.com
Em.ail: NRMSIR@FTID.com
Standard & Poor's Securities Evaluations, Inc.
55 Water Street
45th Floor
New York, NY 10041
Phone: (212) 438.4595.
Fax: (212) 438-3975
www.jjkenny;comljikennyfpser_descrip_dataJep.html
Email:nrmsir_repository@sandp.com
A list oftbe names and addresses of all designatedNRMSIRs as of any date may
currently be obtained by calling the SEe's Fax on Demand Service at 202/942-8088 and
requesting document number 0206 or by visiting the SEC's website at
www.sec. ~v/i11folmunicinaVnrmsir.
In lieu of filing with the NRMSIRs and SIDs, the Dissemination Agent may
provide the required information to:
DisclosureUSA.org
P.O. Box 684667
Austin, Texas 78768-4667
http://www.disclosureusa.org
Fax: (512) 476-6403
or any other designated central post office hereafter approved by the SEe until
such time as the SE C has withdrawn such interpretive approval.
40
SECTION C). NO EVENT OF DEFAULT. Notwithstanding any
other provision in the Ordinance to the contrary, failure of the Issuer to comply with
the proviSions ofthis Disclosure Certificate shall not be considered an event of default
under the Ordinance; provided, however, any Series 2005 Bondholder may take such
actions .as may be necessary and. appropriate, including pursuing an action for
manqamus or specific performance, as applicable, by court order, to cause the Issuerto
comPly with its obligations hereunder. For purposes of this Disclosure Certificate,
"Series 2005 Bondholder"shan meljin any person who (A) has :the power,clirElctly or
.indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series
2005 Bonds (including persons holding Series 2005 Bonds through nominees,
dep.ositories or other intermediaries), or (B) is treated as the owner of any Series 2005
Bond for federal income tax purpos~s.
SECTION 6. INCORPORATION BY REFERENCE. Any or all of
the information required herein to be disclosed may be incorporated byteference from
other documents, including official statements or debt issues of the Issuero! related
public entities, which have been subJ;llitted to each of the NRMSIRs and the SID,if'
any, orthe SEC. If the document incorporated by reference is a final officialsta.~ment,
it must be available from the MSRB. The Issuer shall clearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may,from
time to time, appointor engage a dissemination agent to assist it in carrying out its
. obligations under this Disclosure Certificate, and may discharge any such agent, with
or without appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this
Dieclosure Certificate shall terminate upon (A) the legal defeasance, prior redemption
or payment in full of all of the Series 2005 Bonds, or (B) the termination .of the
continuing disclosure requirements of the Rule by legislative, judicial oradmin1st:t.ll.tive
action.
SECTION 9. AMENDMENTS. Notwithstanding anyothe:t
provision of this Disclosure Certificate, the Issuer may amend this Disclosure
Certificate, and any provision may be waived, if such amendment or waiver is
supported by an opinion of counsel that is nationally recognized in the area of federal
securities laws, to the effect that such amendment or waiver would not, in and of itself,
cause the undertakings herein to violate the Rule if such amendment or waiver had
been effective on the date hereof but taking into account any subsequent change in or
official futerpretation of the Rule.
41
SECTION to. ADDITIONAL INFORMATION. Nothing in. this
Disclosure Certificate shall be deemed to prevent the Issuer from disseminatin,g any
other in.forxnation. using the means of dissemination set forth in this Disclosure
Oertifieateor any other means of communication. or including any other information in
its annual information described in Section 2 hereof or notice of occurrence of.a
significant event described in Section 3 hereof. in addition to that which isrequi:red by
this Disclosure Certificate. If the Issuer chooses to include any information in its
annual inforIXlationornoticeof occurrence of a significant event in addition to that
which is spacificallyrequired by this Disclosure Certificate. the Issuer shall have no
obligation under this Discl.osure Certificate to update such information or includeitin
its future annual information or notiCe of occurrence of a significant event.
SECTION 11. OBLIGATED PERSONS. If any pemn.other than the
I$suer,.becomesan Obligated Person (as defined in the Rule) relating. to the Series
2005 Bonds, the Issuer shall use its best efforts to require such Obligated Person to
comply with all provisions of the Rule applicable to such Obligated Person.
Dated as of [
I.. 2005
Nl'TEST: .
CITY OF CLEARWATER, FLORIDA
City Clerk
By: Frank Hibbard
Mayor
42
APPENDIX E
FORM OF BOND COUNSEL OPINION
ApPENDIX F
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FORM OF MUNICIPAL BOND INSURANCE POLICY
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EXHIBIT D
CONTINUING DISCLOSURE CERTrFICA TE
0-1
CONTINUING DISCLOSURE CERTIFICATE
~ {
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered by the City of Clearwater, Florida (theIIIssuer") in connection with the
issuapce of its $6,925,000* Stormwater System Revenue Refunding Bonds, Series 2005
(the (ISeries 2005 Bonds"). The Series 2005 Bonds are being issued p1.U'Suant to
Ordinance No. 6378-99, enacted by the City on April 15, 1999, as amended by
Qrdi~ance No. 6931-02, enacted by the City on July 18,2002, as supplemented (the
"Ordina.nce")~ The Issuer covenants, and agrees as follows:
SECTION l.PURPOSE OF DISCLOSURE CERTIFICATE.
. This Disclosure Certificate is being executed and delivered by the Issuer for tmb henefit
qfthe Series 2005 Bondholders and in order to assist the original. u.nderwriters .of the
. Series 2005 B9nds in complying with Rule 15c2-12(b)(5) promulgated by the SecUrities
and Excha.nge Commission. ("SEe") pursuant to the Securities Exchange Actor 1934
(the "aule").
SECTION 2. PROVISION OF ANNUAL INFORMATION.
Except: as otherwise provided herein, the Issuer shall provide to all of the 'nationally
-' recognized mumcipaJ,securities infoonation repositories described in Section 4 hereof
(the "NRMSIRs"), and to any state information depository that is established ' within
the State of Florida (the I(SID''), Oil or before June 30 of each year, com.mencing.June
30,2006, the information set forth below in this Section 2. Notwithstanding the
im.mediately preceding sentence, to the extent any such inform.ation does not become
available to the Issuer before June 30 of any year, the Issuer shall provide suc;:h
imorxnation when it becomes available, but no later than one year following the end of
the Issuer's Fiscal Year.
(A) the Issuer's Comprehensive Annual Financial Report for the hn.mediately
preceding Fiscal Year {the "CAFRj, which shall include the audited- financial
statements of the Issuer for the immediately preceding Fiscal Year prepared in
accordance with Generally Accepted Accounting Principles, as modified by applicai)le
State of Florida requirements and the governmental accounting standards
promulgated by the Government Accounting Standards Board; provided,however,i,f
the audited financial statements of the Issuer are not completed prior to June 30 of any
year, the Issuer shall provide unaudited financial statements on such date and shall
provide the audited financial statements as soon as practicable following their
completion; and
(B) to the extent not set forth in the CAFR, additional financial information
and operating data of the type included with respect to the Issuer in the final official
statement prepared in connection with the sale and issuance of the Series 2005 Bonds
(as amended, the "Official Statement"), as set forth below:
37
1. Updates of the financial information set forth .in the Offici~l
Statelllentunder thesubcaptions "Rates, Fees and Charges" and ,jHistoric~l Net
Revenues" under the principal captions "THE STORMW ATERMANAGEMENT
SYSTEM" ( in the case of the material under the caption IlHistorical Net
Revenues," for the then;,immediately preceding five fiscal years).
2. Description of any additional indebtedness payable in whole orin
part from the Net Revenues (as defined in the Ordinance).
3. Any other financial information or operating data of the type
included in the Official Statement which would be material to a holder or
. ,
prospective holders of the Series 2005 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year"meansthe period
commencing On October 1 and ending on September 300fthe next succeedingyeal",or
such other period of time provided by applicable law.
SECTIONS. DEPORTING SIGNIFICANT EVENTS. The IsSuer
shall provide to theNRMSIRs or the Municipal Securities Rulemaking Board (the
"MSRB") and to the SID, on a timely basis, notice of any of the following events. ifsllCh
,event is material with respect to the Series 2005 Bonds or the Issuer'sability to satisfy
its paYMent obligations with respect to the Series 2005 Bonds: '
(A)
(B)
(0)
difficulties;
(D)
(E)
(F)
(G)
(H)
(1)
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on the debt service reservefundl"ef1ecting financial
Unscheduled draws on credit enhancement reflectiIigfinancial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the
Series 2005 Bonds;
Modifications to rights of Series 2005 Bondholders;
Redemptions;
Defeasances;
38
(J) . R.elease.,substitution,or sale of property securing repayment of the Series
2005 Bonds;
(K) R.ating. changes; and
(L) . Notice of any failure on the part of the Issuer or any other Obligated
Person (as defined herein) to meet the requirements of Section 2 hereof.
The Issuer may from time to time, in its discretion, choose to providenQticeof
the occurrence of certain other events, in addition to those listed in this Section 5, it in
thE! judgment of the Issuer, such other events are material with respect to the Saries
2005 Bonds, but the Issuer does not specifically undertake to commit to provide any
such .additional notice of the occurrence of any material event except those events listed
above.
Whenever the. Issuer obtains knowledge of the occurrence of a significant eVent
described i,n this Section a, the Issuer shall as soon as possible determine if Such event
would be material under applicable federal securities law to holders of Series 2005
Bonds, orovided, that any event under clauses (P), (El, (F),(K) 01'(1.) above willalways
be deemed to be material.
SECTION 4. NRMSIRs. In addition to any NRMSIRs that are
established subsequently and approved by the SEC, the NRl\1SIRs to which the County
sha.ll provide the information described in Sections 2 and 3 above, to the exten.t
required, shall be the followin.gorganizations, their successors and assigns:
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: (609)279-3225
Fax: (609) 279-5962
http://www.bloomberg.comlmarkets/muni_contactinfo.html
Email: Munis@Bloomberg.com
39
DPG Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Phone: (201) 346-0701
Fax: (201) 947-0107
bttp:/lwww.dpcdata.com
Email: nrmsi;r@dpcdata.com
FT Interactive Data
NRMSIR
. 100 William Street
New York; New York 10038
Phone: (212) 771-6999
Fax: (212) 771-7390 (Secondary Market Information)
(212) 771-7391 (primary Market Information)
http://www.interactivedata.com
Email: NRMSIRfiFTID.com
Standa;rd & :PoQrs Securities Evaluations, Inc.
55WaterStreet '. '
45th Floor
New York, NY 10041
Phone: (212) 438-4595
Fax: (212) 438-3975
www.jjkenny.comIjjkenny/pser_descrip_dat8._rep.html
Email: nrmsir_repository@sandp.com
A list of the names and addresses of all designated NRMSIRs as of any date may
currently be obtained by calli.ngthe SEC's Fax on Demand Service at 2021942-8088 and
requesting document,number 0206 or by visiting the SECts web.iteat
www.sec.Ewv/info/municinallnrmsil-.
In lieu of filing with the NRMSIRs and SIDs, the Dissemination Agent may
provide the required information to:
Disclosure USA.org
P.O. Box 684667
Austin, Texas 78768-4667
http://www.discloeureusa.org
Fax: (512) 476-6403
or any other designated central post office hereafter approved by the SEe until
such time as the SEe has withdrawn such interpretive approval.
40
SECTION 5. NO EVENT OF DEFAULT. Notwithstandingany
other provision in the Ordinance to the contrary, failure of the Issuer to comply with
the provisions of this Disclosure Certificate shall not be considered an event of defawt
under the Ordinance; provided, however, any Series 2005 Bondholder may take such
actions, as may be necessary and appropriate, including pursuing an action for
mandamus or specific performance, as applicable, by court order, to cause the Issuer to
co:mply with its obligations hereunder. For purposes of this Disclosure Certificate,
"Series 2005 Bondholder"shaIl mean any person who (A) has the power,directlyor
indirectly, to vote. or consent with respect to, or to dispose of ownership of, any Series
2005 Bonds (including. persons holding Series 2005 Bonds throughnontinees,
depositories or other intermediaries), or (B) is treated as the owner of any Series 2005
Bond for federal income tax purposes.
SECTION 6. INCORPORATIONBYREFERENCE. .An.yor an.Qf
theinfortnation required herein to be disclosed may be incorporated by reference from
other documents, including official statements or debt issues of the Issuer of related
public entities, which have been submitted to each of the NRMSIRs and the SID, if
any, or the SEC. If the document incorporated by reference is a final official statement,
it must be available from the MSRB. The Issuer shall dearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, frotg.
tinleto time, appoint or engage a di,sseniination agent to assist it in carrying out its
obligations under this Disclosure Certificate, and Inaydischarge any such agent, with
or without appointing a sucCessor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this
nisclosure Certificate shall terminate upon (A) the legal defeasance, prior redemption
or payment in full of all of the Series 2005 Bonds, or (B) the terminationaf the
continuing disclosure requirements of the Rule by legislative, judicial or administrative
action.
SECTION 9. AMENDMENTS. Notwithstanding any other
provision of this Disclosure Ce~ificate, the Issuer may amend this Disclosure
Certificate, and any provision may be waived, if such amendment or waiver is
supported by an opinion of counsel that is nationally recognized in the area of federal
securities laws, to the effect that such amendment or waiver would not, in and of itself,
cause the undertakings herein to violate the Rule if such amendment or waiver had
been effective on the date hereof but taking into account any subsequent change in or
official interpretation of the Rule.
41
SECTION 10; ADDITIONAL INFORMATION. Nothing in thi$
Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any
other'inf'ormation, using the means of dissemination set forth in this Dj,sclosure
Certificate .or any other meaDe: ofcommunicatj,on, or including any other information in
its annual information described in Section 2 hereof or notice of occurrenceofa
significant event described in Section 3 hereof, in addition to that which is requh'ed by
this ,Disclosure Certificate. If the Issuer chooses to include any informatji:)tt init8
ann\1al information.or notice of occurrence of a significant event in addition to that
which is specifically required by this Disclosure Certificate, the Issuer shall have no
obligation under this Disclosure Certificate to update such information or include it in
its future annual information or notice of occurrence of a significant event. '
SECTION 11. OBLIGATED PERSONS. If any person, other than the
Issuer; becomes an ObligatedPel'son (as defined in the Rule) relating to the Series
2005 Bonds, the Issu.er shall.useits best efforts to require such Obligated Person to
comply with all provisions of the Rule applicable to such Obligated Person.
Dated as of [
1, 2005
ATTEST;
CITY OF CLEARWATER,FLORIDA
City Clerk
By; Frank Hibbard
Mayor
42
EXHIBIT E
COMMITMENTS FOR FINANCIAL GUARANTY INSURANCE POLICY
E-1
MBIA
COMM1TMENT TO ISSUE A
FINANCIAl. GUARANTY INSURANCE POLICY
Application No.: 2005-001681-00]
Sale Date: March, 2005(t)
Program Type: Competitive PP
Re: $7,145,000 (Est) City of Clearwater, Florida, Stonnwater System Revenue RefunCiing
. Bonds, Series 2005
(the "Obligations").
. This commitment to issue a financial guaranty insurance policy (the "Commitment") dated
. March 2, 2(}05,constitl.ltes an. agrc;ement between CITY OF CLEARWATER (the "Applicant")
and MBIA Insurance Corporation (the "Insurer"), a stock insurance company incorporated under
the laws of the. State of New Y otk.
Based on an approved application dated February 28, 2005, the Insurer agrees, upon
satisfaction of the conditions herein, to issue on the earlier of (i) 120 days of said approval date
or (ii) on the date of delivery of and payment for the Obligations, a financial guarantyiuSutaI:lce
policy (the "Policy") for the Obligations, insuring the payment of principal of and interest On the
Obligations when due. The issuance of the Policy shall be subject to the following {enns and
conditions:
1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date of
4elivery .of and paymenf for the. Obligations, of a nonrefundable premiwn in the amount of
.31 00% of Total Debt Service, ptemi1.im.rounded to the nearest thousand. The premium setout
in this paragraph shall be the total premium required to be paid on the Policy issued purSUant to
this Commitment.
2. The Obligations shall have received the unqualified opinion of bond counsel with
respect to the tax-exempt status of interest on the Obligations.
3. . There shall have been no material adverse change in the Obligations or the Resoluti<:m,
Bond Ordinance, Trust Indenture or other official document authorizing the issU&nce Qf the
Obligations or in the final official statement or other similar doc~ent. including thetlnilIlcial
statements included therein. .
, 4. There shall have been no material adverse change in any information submitted to the
Insurer as a part of the application or subsequently submitted to be a part of the application to the
Insurer.
5. No event shall have occurred which would allow any underwriter or any other.
purchaser of the Obligations not to be required to purchase the Obligations at closing.
6.. A Statement of Insurance satisfactory to the Insurer shall be printed on the Obligations.
7. Prior to the delivery of and payment for the Obligations, none of the information or
documents submitted as a part of the application to the Insurer shall be determined to contain any
untrue or misleading statement of a material fact or fail to state a material fact required tQ be
stated therein or necessary in order to make the statements contained therein not misleading.
8. No material adverse change affecting any security for the Obligations shall have
occurred prior to the delivery of and payment for the Obligations.
MBIA
9. The Insurer's "Payments Under the Policy/Other Required Provision~" (see attached)
shall be included in the authorizing document.
1 Q. The Applicant agrees not to use the Insurer's name in any public document includingt
without limitation, a press release o.r presentation, announcement or forum without tile Insurc::r's
prior consent; provided however, such prohibition on the use of the Insurer's name shall not
relate to the use of the Insurer's standard approved fonn of disclosure in public documents issued
ill connection with.. the current Obligations to be issued in accordance with the termS of the
Cotnmitinent;and provided further such prohibition shall not apply to the use of the Insurer's
name in order to comply with public notice, public meeting or public reporting requirements.
11. This Commitment may be signed in counterpart by the parties hereto.
12. Compliance with the Insurer's Standard Conditions for Refundings (see attached).
13. Compliance with the Insurer's General Document Provisions {see attached).
14. Compliance with the InsUrer's List of Permissible Investments for Indentured Funds
(see attached) .
Dated .this 2nd day of March, 2005. .
MBlA Iz:~aDi:e corpo;":F~C_~
By ...
Assistant Secretary
CITY OF CLEARWATER
By:
Title:
AtBIA
STANDARD CONDITIONS FOR REFUNDINGS
A. Receipt by the Insurer of the fmal debt service schedule on the issue within three business
days froro the sale date.
13. Receipt. satisfactory review and subsequent oral approval by the Insurer at least :ten days in
advance of closing of draft copies of:
L a verification by $ independent CPA firm of the sufficiency of the escrow to timely
retire the refunded bonds;
2. the escrOw securities purchase contracts of SLG subscription forms or open market
. cpnfirmations; and.
3. the escrow agreement
Final and signed copies of a1l the above documents to be sent via overnight mail from closing,
An independent CPA firm is dermed as a licensed CPAfinn acting at arms length of the
transaction on behalf of the bondholders. It may not be the underwtitet, bcmdcpunsel or
financial adviser for the refunding issue. The firm must carry errors and omissions insuranCe.
The Insurer reserveS the right to review the provider of the verification pnadeal by deal
. basis.
C. Receipt by the Insurer at least five business days prior to closing ofa draft opmion from Bond
Counsel (or Special Tax Counsel) to the effect that the refunding bonds are beingisslJed in
compliance with state law and that the interest on the refunding bonds is tax-exempt.
D. Receipt by the Insurer at least five business days prior to closing of a draft opinion from Bond
Counsel stating that the refunded bonds have been legally defeased.(This conditlon is only
applicllblein those situations ,where the refunding issue is legally deCeasing the refunded
issue.) Final executed copies of items C and 0 to be sentvia overnight maiL
E. If the escrow agreementaUows for the substitution of securities in the escrow aCcount, then it
should be provided in the escrow agreement that no such substitution may occur unless th~re
has first been delivered to the escrow agentltrustee. (1) a CPA verification that the escrow
investments,as substituted, are sufficient to pay debt service, as it becomes, due, on the refunded
bonds and (2) an opinion of nationally recognized bond counsel to the eff~ctthat the
substitution is permitted under the documents and the substitution has no adverse effect ,on. the
tax-exempt nature of the refunding bonds. See 2 above for the definition of an independent
CPA.
F. Escrow investments must be limited to:
I. Cash
2. U.S. Treasury Certificates. Notes and Bonds (including State and Local Government
Series -- "SLGS"). .
3. Direct obligations ofthe Treasury which have been stripped by the Treasury itself.
CATS. TIGRS and similar securities.
4. Resolution Funding Corp. (REFCORP) On]y the interest component ofREFCORP.strips
which have been stripped by request to the Federal Reserve Bank of New York in book
entry form are acceptable.
MBIA
5. Pre,;iefqndeqIllunicipallxmds rated "Au" by Moody's and "AAA" by S&P. Ifhowev~r.
the issuo')S only rated by S&P (i.e., there is no Moody's rating), then the pre-refunded
bonds must have been pre..refunded with cash, direct U.S. or U.S. guaranteed obligations,
or AAA rated pre-refunded municipals to satisfy this condition.
6. Obligations issued by the following agencies which are backed by the full faith and credit
of the U.S.: .
a. U.s; Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
b. Farmers'Home Administration (FmHA)
Cer.tificates of beneficial ownership
c. Federal Financin2 Bank
d. General Servi~s Administration
Participation .certificates
e. U.S. Maritime Administration
Guaranteed Title XI financing
f. u.s. Department ofHousin~and Urban Development (000)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U,S.Puplic lIQusing Notes and Bonds - U.S. government guaranteed public housing
notes and bonds .
G. If. a forward supply. contract is . being executed in conjunction with the refunding (or
subsequent to the closing of the refunding transaction), the following conditions must also be
met:
L The Insurer must review and approve the forward supply contract at least five business
days prior to closing (or after closing, at least five business days prior to execution ifnot
contemplated at the time of closing).
2. The forward supply contract must provide by its terms that the securities delivered under
the forward supply are sufficient (when taken with other funds remaining in the escrow)
as to amount and timeliness to retire the refunded bonds.
3. The Insurer requires an opinion from a nationally recognized bankruptcy counsel that the
securities in escrow and payments to owners of refunded bonds will not constitute assets ofthe
forward supply contract supplier and will not be subject to automatic stay in the event of bankruptcy
and/or insolvency of the supplier.
4. The supplier of the securities delivered under the forward supply contract must affirm in
the contract that it has no rights to or interest in the monies or securities held in the
escrow.
5. The escrow agent must be acceptable to the Insurer. The Insurer reserves the right to
replace the escrow agent for cause.
6. See 6 above for investments permitted under the forward supply contract. Investments
must be non-callable.
AiBIA
7.. ThcsuppHer should bav. Rorigbt to sQbstitute da~origillal '&Crow securities. The
supplier .may su1>stitute securities pre'\liously delivered by the supplier under th~ forward
supply contract only if: '
a. The sU1>stituted securities mature on a date that is later than the previously delivered
securities would have matured; and
b. The substituted securities mature prior to the date needed to pay principal and/or
interest on the bonds.
8. Two days beforeea.eb delivery date for the forward supply securities, the escrow agent
must.notify the Insurer in writing oflbe securities to be delivered. the maturity amount of
the securities and the maturity date.
9. The forward supply contract cannot be amended or modified without the Insurer's written
consent
5/6/93
;MElIA
GENERAL DOCUMENT .PROVISJONS
A. Notice to the Insurer The basic legal documents must provide that any notices required .to be
givent>y any party should also be given to the Insurer, Attn: Insured Portfolio Management.
B. Amendments. In the basic legal document, there are usually two methods of amendment The
first, Which, typically does not require the consent of the bondholders, is for amendments which
wiUcureambiguities, correct formal defects or add to the security of the financing. The
second, in which bondholder consent is a prerequisite, covers the more substantive types of
amendrnents.Forall fmancings. the Insurer must be given notice of any amendments that are
of the first type and the Insurer's consent must be required for all amendments of the second
type. All documents must contain a provision which requires copies of any amendments to
such documents which are consented to by the Insurer to be sent to Standard &POot's.
C. Su,ppJemental Legal Docwnent If the basic legal document provides for a supplemental legal
doc~ment to be issued.for reasons other than (I) a renmdingto obtain savings; or (2) the
issuance of additional bonds pursuant to an additional bonds test, there'Jilustbe a requirement
that the Insurer's consent also be obtained prior to the issuance of any additional bonds and/or
execution of such supplemental legal document.
D.Events of Default and Remedies. All 'documents normally contain provisions which define the
events of default and which prescribe the remedies that may be exercised upon the occurrence
of an event of default. Ara minimum, events of default will be defmed as follows:
L the issuer/ot>ligor fails to pay principal when due;
2. theissuer/obHgor tails to pay interest when due;
3. the 'issuer/obligor fails to observe any other covenant or condition ofthedocurnent and
such failurecondnues for 30 days and
4. . the issuer/obligor declares bankruptcy.
1"heInsurer, acting alone, shall have the right to direct aU remedies in the event of a default. The
Insurer shall be recognized as the registered owner of each bond which it insures for the purposes of
exercising all rights and privileges available to bondholders. For bonds which it insures, the Ins~rer
shall.have the rightto institute any suit. action, or proceeding at law or in equity under the same terms
as a bondholder in accordance with applicable provisions of the governing documents. Other than thl;::
usual redemption provisions, any aCceleration of principal payments rnust besubjectto the Insurer's
prior written consent.
E. Defeasance requires the deposit of:
1. Cash
2.. U.S. Treasury Certificates, Notes and Bonds (including State and Local Government
Series -- " SLGs")
3. Direct obligations of the Treasury whicbhave been stripped by the Treasury itself,
CA TS, TIGRS and similar securities
4. Resolution Funding Corp. (REFCORP) Only the interest component of REFCORP strips
which have been stripped by request to the Federal Reserve Bank of New York in book
entry form are acceptable. .
5. Pre-refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If however,
the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre-refunded
.MElIA
bonds must have been pre-refunded with cash, direct U.s. or lJ.S.guaranteeclobIigatians,
orAAA rated pre-refunded municipals to satisfy this condition.
6. Obligations issued by the following agencies :which are backed by the full faith and credit
of the U.S.
a. U.S. Export-Import Bank (Eximbank)
Direct obligations or fuHy guaranteed certificates of beneficial ownership
b. Farmers Home Administration (FmHA)
Certificates of beneficiaJownership
c. Federal Financing Bank
d. General Services Administration
Participation certificateS
e. U.S. Maritime Administration
Guaranteed Title XI fmancing
f. U.S. Department of Housin2 and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Commllnities Debentures - U.S. government guaranteed debentures
U.S. PubIicl-Ipusing .:Notes and Bonds - U.S. government guarattteed publichP\.ISiJlg
notes and bonds
The msurer shall be provided with an opinion of counsel 8cecptabletothe Insurer that the Obligations
have been legaUy defeasedand that the escrow agreement establishing such defeasance operates to
legallydefease the Obligations within the meaning of the Indenture and the Supplementallrtdenture
reladngtothe Obligations. In addition. tbeInsurer will be entitled to receive (i) 15 business days
notice of any advance refunding of the Obligations and (ii) an accountant's report with respect to the:
sufficiency of the amountS deposited in escrow to defease the Obligations.
F. Agents:
1.
2.
In transactions. \iVherethere is an agent/enhancer (other than the Insurer), the trustee.
tender agent(if any), and paying agent (if any) must be commercial banks with trust
powers.
Theremarketingagent must have trust powers if they are responsible (or holding moneys
or receiving bonds. As an alternative. the documents may provide that if theremarketing
agent is removed;resigns or is unable to perform its duties. the trustee must assume the
responsibilities of remarketing agent until a substitute acceptable to the Insurer is
appointed.
EXHIBIT F
FINANCIAL GUARANTY POLICY ADDITIONAL PROVISIONS
LIST OF PERMISSIBLE INVESTMENTS FOR INDENTURED FUNDS
A. Direct obligations of the United States of America (including obligations issued or held in hook-entry
form on the books of the Department of the Treasury, and CATS and TIGRS) or obligations the
principal of and interest on which are unconditionally guaranteed by the United States of America.
B. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following
federal agencies and provided such obligations are backed by the full faith and credit of the United
States of America (stripped securities are only permitted if they have been stripped by the agency itself):
1. U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
2. Farmers Home Administration (FmHA) Certificates of beneficial ownership
3. Federal Financing Bank
4. Federal Housing Administration Debentures (FHA)
5. General Services Administration Participation certificates
6. Government National Mortgage Association (GNMA or "Ginnie Mae')
GNMA . guaranteed mortgage.backed bonds
GNMA .guaranteed pass-through obligations
(not acceptable for certain cash-flow sensitive issues.)
7. U.S. Maritime Administration Guaranteed Title XI financing
8. U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures .U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds .U.S. government guaranteed public housing notes and
bonds
C. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following
non-full faith and credit U.S. government agencies (stripped securities are only permitted if they have
been stripped by the agency itself):
1. Federal Home Loan Bank Svstem Senior debt obligations
2. Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac") Participation Certificates
Senior debt obligations
3. Federal National Mortgage Association (FNMA or "Fannie Mae") Mortgage-backed securities and
senior debt obligations
F-1
4. Student Loan Marketing Association (SLMA or "Sallie Mae") Senior debt obligations
5. Resolution Funding Corp. (REFCORP) obligations
6. Farm Credit System
Consolidated systemwide bonds and notes
D. Money market funds registered under the Federal Investment Company Act of 1940, whose shares are
registered under the Federal Securities Act of 1933, and having a rating by S&P of AAAm-G; AAA-m; or
AA-m and if rated by Moody's rated Aaa, Aal or Aa2.
B. Certificates of deposit secured at all times by collateral described in (A) and/or (B) above. Such certificates
must be issued by commercial banks, savings and loan associations or mutual savings banks. The collateral
must be held by a third party and the bondholders must have a perfected first security interest in the
co llateral.
F. Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured
by EDIC, including BIT and SAW.
G. Investment Agreements, including GIC's, Forward Purchase Agreements and Reserve Fund Put Agreements
acceptable to MBIA (Investment Agreement criteria is available upon request).
H. Commercial paper rated, at the time of purchase, "Prime .1" by Moody's and "A-I" or better by S&P.
I. Bonds or notes issued by any state or municipality which are rated by Moody's and S&P in one of the two
highest rating categories assigned by such agencies.
J. Federal funds or bankers acceptances with a maximum term of one year of any bank which has an
unsecured, uninsured and unguaranteed obligation rating of "Prime. 1" or "A3" or better by Moody's and
"A-I" or "A" or better by S&P.
K. Repurchase Agreements for 30 days or less must follow the following criteria. Repurchase Agreements
which exceed 30 days must be acceptable to MBIA (criteria available upon request)
Repurchase agreements provide for the transfer of securities from a dealer bank or securities firm
(seller/borrower) to a municipal entity (buyerllender), and the transfer of cash from a municipal entity to the
dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash
plus a yield to the municipal entity in exchange for the securities at a specified date.
1. Reoos must be between the municipal entity and a dealer bank or securities fIrm
a. Primary dealers on the Federal Reserve reporting dealer list which are rated A or better by Standard
& Poor's Corporation and Moody's Investor Services, or
b. Banks rated "A" or above by Standard & Poor's Corporation and Moody's Investor Services.
2. The written reoo contract must include the following:
a. Securities which are acceptable for transfer are:
(1) Direct U.S. govemments, or
(2) Federal agencies backed by the full faith and credit of the U.S. government (and
FNMA & FHLMC)
b. The term of the repo may be up to 30 dayS
c. The collateral must be delivered to the municipal entity, trustee (if trustee is not supplying the
collateral) or third party acting as agent for the trustee (if the trustee is supplying the collateral)
before/simultaneous with payment (perfection by possession of certificated securities).
F-2
d. Valuation of Collateral
(I) The securities must be valued weeklv marked-to-market at current market price plus accrued
interest
(a) The value of collateral must be equal to 104% of the amount of cash transferred by the
municipal entity to the dealer bank or security fIrm under the repo plus accrued interest. If
the value of securities held as collateral slips below 104% of the value of the cash
transferred by municipality, then additional cash and/or acceptable securities must be
transferred. If, however, the securities used as collateral are FNMA or FHLMC, then the
value of collateral must equal J 05%.
3. Legal opinion which must be delivered to the municipal entity:
a. Repo meets guidelines under state law for legal investment of public funds.
Additional Notes
(i) There is no list of permitted investments for non-indentured funds. Your own credit judgment
and the relevant circumstances (e.g., amount of investment and timing of investment) should
dictate what is permissible.
(ii) Any state administered pool investment fund in which the issuer is statutorily pennitted or
required to invest will be deemed a pennitted investment.
(iii) DSRF investments should be valued at fair market value and marked to market at least once
per year. DSRF investments may not have maturities extending beyond 5 years, except for
Investment Agreements approved by the Insurer.
PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS
A. In the event that on the second Business Day, and again on the Business Day, prior to the payment date on
the Obligations, the Paying Agent/Trustee has not received sufficient moneys to pay all principal of and interest on the
Obligations due on the second following or following, as the case may he, Business Day, the Paying Agent/Trustee shall
immediately notify the Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing
by registered or certifIed mail, of the amount of the defIciency.
B. If the defIciency is made up in whole or in part prior to or on the payment date, the Paying
Agent/Trustee shall so notify the Insurer or its designee.
C. In addition, if the Paying Agent/Trustee has notice that any Bondholder has been required to disgorge
payments of principal or interest on the Obligations to a trustee in bankruptcy or creditors or others pursuant to a fmal
judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such Bondholder
within the meaning of any applicable bankruptcy laws, then the Paying Agent/Trustee shall notify the Insurer or its
designee of such fact by telephone or telegraphic notice, confIrmed in writing by registered or certifIed mail.
D. The Paying Agent/Trustee is hereby irrevocably designated, appointed, directed and authorized to act as
attorney-in-fact for Holders of the Obligations as follows:
1. If and to the extent there is a defIciency in amounts required to pay interest on the Obligations,
the Paying Agent/Trustee shall (a) execute and deliver to U.S. Bank Trust National Association, or its successors
under the Policy (the "Insurance Paying Agent/Trustee"), in form satisfactory to the Insurance Paying
Agent/Trustee, an instrument appointing the Insurer as agent for such Holders in any legal proceeding related to
the payment of such interest and an assignment to the Insurer of the claims for interest to which such defIciency
relates and which are paid by the Insurer, (b) receive as designee of the respective Holders (and not as Paying
Agent/Trustee) in accordance with the tenor of the Policy payment from the Insurance Paying Agent/Trustee
with respect to the claims for interest so assigned, and (c) disburse the same to such respective Holders; and
2. If and to the extent of a defIciency in amounts required to pay principal of the Obligations, the
Paying Agent/Trustee shall (a) execute and deliver to the Insurance Paying Agent/Trustee in fonn satisfactory to
the Insurance Paying Agent/Trustee an instrument appointing the Insurer as agent for such Holder in any legal
proceeding relating to the payment of such principal and an assignment to the Insurer of any of the Obligation
surrendered to the Insurance Paying Agent/Trustee of so much of the principal amount thereof as has not
previously been paid or for which moneys are not held by the Paying Agent/Trustee and available for such
payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent/Trustee is
F-3
received), (b) receive as designee of the respective Holders (and not as Paying Agentffrustee) in accordance
with the tenor of the Policy payment therefor from the Insurance Paying Agent/Trustee, and (c) disburse the
same to such Holders.
E. Payments with respect to claims for interest on and principal of Obligations disbursed by the Paying
Agent/Trustee from proceeds of the Policy shall not be considered to discharge the obligation of the Issuer with respect to
such Obligations, and the Insurer shall become the owner of such unpaid Obligation and claims for the interest in
accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise.
F. Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying
Agent/Trustee hereby agree for the benefit of the Insurer that:
1. They recognize that to the extent the Insurer makes payments, directly or indirectly (as by
paying through the Paying Agentffrustee), on account of principal of or interest on the Obligations, the Insurer
will be subrogated to the rights of such Holders to receive the amount of such principal and interest from the
Issuer, with interest thereon as provided and solely from the sources stated in this Indenture and the Obligations;
and
2. They will accordingly pay to the Insurer the amount of such principal and interest (including
principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and
interest shall be deemed past due and not to have been paid), with interest thereon as provided in this Indenture
and the Obligation, but only from the sources and in the manner provided herein for the payment of principal of
and interest on the Obligations to Holders, and will otherwise treat the Insurer as the owner of such rights to the
amount of such principal and interest
G. In cOImection with the issuance of additional Obligations, the Issuer shall deliver to the Insurer a copy
of the disclosure document; ifany, circulated with respect to such additional Obligations.
H. Copies of any amendments made to the documents executed in connection with the issuance of the
Obligations which are consented to by the Insurer shall be sent to Standard & Poor's Corporation.
I. The Insurer shall receive notice of the resignation or removal of the Paying Agentffrustee and the
appointment of a successor thereto.
L The Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an
annual basis, copies of the Issuer's audited fmancial statements and Annual Budget
Notices: Any notice that is required to be given to a holder of the Obligation or to the Paying Agent/Trustee
pursuant to the Indenture shall also be provided to the Insurer. All notices required to be given to the Insurer under the
Indenture shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation,
113 King Street; Armonk, New York 10504 Attention: Surveillance.
K. The Issuer/Obligor agrees to reimburse the Insurer immediately and unconditionally upon demand, to
the extent permitted by law, for all reasonable expenses, including attorneys' fees and expenses, incuned by the Insurer in
connection with (i) the enforcement by the Insurer of the Issuer's /Obligor's obligations, or the preservation or defense of
any rights of the Insurer, under this ResolutionlIndenture and any other document executed in connection with the
issuance of the Obligations, and (ii) any consent; amendment; waiver or other action with respect to the
Resolution/Indenture or any related document; whether or not granted or approved, together with interest on all such
expenses from and including the date incurred to the date of payment at Citibank's Prime Rate plus 3% or the maximum
interest rate pennitted by law, whichever is less. In addition, the Insurer reserves the right to charge a fee in connection
with its review of any such consent; amendment or waiver, whether or not granted or approved.
L The Issuer/Obligor agrees not to use the Insurer's name in any public document including, without limitation, a
press release or presentation, announcement or forum without the Insurer's prior consent; provided however, such
prohibition on the use of the Insurer's name shall not relate to the use of the Insurer's standard approved form of
disclosure in public documents issued in connection with the current Obligations to be issued in accordance with the
tenns of the Commitment; and provided further such prohibition shall not apply to the use of the Insurer's name in order
to comply with public notice, public meeting or public reporting requirements.
M. The Issuer /Obligor shall not enter into any agreement nor shall it consent to or participate in any
arrangement pursuant to which Bonds are tendered or purchased for any purpose other than the redemption and
cancellation or legal defeasance of such Bonds without the prior written consent of MBIA.
Revised 4/04
F-4
EXHffiIT G
FORM OF
ESCROW DEPOSIT AGREEMENT
This ESCROW DEPOSIT AGREEMENT, dated as of 1/ 2005/ by and between
the CITY OF CLEARW A TER, FLORIDA, a municipal corporation of the State of Florida (the
"Issuer"), and Wells Fargo Bank, N.A., a national banking association organized under the laws
of the United States of America, as Escrow Holder (the "Escrow Holder");
WITNESSETH
WHEREAS, the Issuer has previously authorized and issued obligations of the Issuer as
hereinafter set forth defined as the "Refunded Bonds", as to which the Aggregate Debt Service
(as hereinafter defined) is set forth on Schedule A; and
WHEREAS, the Issuer has determined to provide for payment of the Aggregate Debt
Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the
provisions hereof, cash and Federal Securities (as defined herein), the principal of and interest
on which will be at least equal to the Aggregate Debt Service; and
WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has
authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2004
Bonds more fully described herein; and
WHEREAS, the Issuer has determined that the amount to be on deposit from time to
time in the Escrow Account, as defined herein, will be sufficient to pay the Aggregate Debt
Service;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Issuer and the Escrow Holder agree as follows (provided however that the
Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any
manner whatsoever for the recitals made herein or in the Ordinance, or the adequacy or
sufficiency of the Escrow Requirement):
Section 1.
Definitions. As used herein, the following terms mean:
I
(a) "Aggregate Debt Service" means, as of any date, the sum of all present and future
Annual Debt Service payments then remaining unpaid with respect to the respective Series of
the Refunded Bonds.
(b) "Agreement" means this Escrow Deposit Agreement.
(c) "Annual Debt Service" means, with respect to the redemption date for the
Refunded Bonds, the principal of, premium, and interest on the respective Series of the
Refunded Bonds coming due on the redemption date as shown on Schedule A attached hereto.
(d) "Bonds" or "Series 2005 Bonds" means the Stormwater System Revenue
Refunding Bonds, Series 2005 of the Issuer, authorized by the Ordinance, as herein defined.
(e) "Call Date" shall have the meaning set forth in the Issuer's Irrevocable Instruction
and Authorization to Redeem Bonds.
(f) "Escrow Account" means the account established and held by the Escrow Holder
pursuant to this Agreement, in which cash and investments will be held for payment of the
Refunded Bonds.
(g) "Escrow Holder" means Wells Fargo Bank, N.A., Jacksonville, Florida, a national
banking association organized under the laws of the United States of America.
(h) "Escrow Requirement" means, as of any date of calculation, the sum of an
amount in cash and principal amount of Federal Securities in the Escrow Account which,
together with the interest due on the Federal Securities, will be sufficient to pay, as the
installments thereof become due, the Aggregate Debt Service.
(i) "Federal Securities" means direct obligations of the United States of America and
obligations the principal of or interest on which are fully guaranteed by the United States of
America, none of which permit redemption prior to maturity at the option of the obligor.
(j) "Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate
executed by the Issuer which provides for redemption of certain of the Refunded Bonds on the
Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs
the paying agent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon
upon surrender thereof at maturity or on their Call Date, whichever is earlier.
(k) "Issuer" means the City of Clearwater, Florida.
2
(1) "Ordinance" means Ordinance No. 6378-99 enacted by the Issuer on April 15/
1999/ as amended and supplemented by 6391-02 enacted by the Issuer on July 18/ 2002/ as
amended and supplemented.
(m) "Paying Agent" shall mean the Paying Agent for the Refunded Bonds.
(n) "Refunded Bonds" shall mean the Series 1999 Bonds maturing on and after
November 1/ 2009.
(0) "Series 1999 Bonds" shall mean the Issuer's Stormwater System Revenue Bonds,
Series 1999/ dated November 15/1999.
Section 2. Deposit of Funds. The Issuer hereby deposits $ with the
Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow
Holder and applied solely as provided in this Agreement. The Issuer represents that:
(a) Such funds are all derived as follows:
(1)
$
from the net proceeds of the Bonds; and
(2) $
the Refunded Bonds.
transferred from the Sinking Fund held for the payment of
(b) Such funds, when applied pursuant to Section 3 below, will at least equal the
Escrow Requirement as of the date hereof.
Section 3. Use and Invesbnent of Funds. The Escrow Holder acknowledges receipt
of $ and agrees:
(a) to hold the funds in irrevocable escrow during the term of this Agreement,
(b) to deposit the sum of $ , representing the $ of funds
from the Sinking Fund for the Refunded Bonds and $ from the proceeds of the
Bonds, in cash from the amount received by the Issuer in the Escrow Account, and, hold such
funds in cash until the November 1/ 20_ redemption date of the outstanding Series 1999
Bonds,
(c) to immediately invest $ of such funds derived from the
proceeds of the Bonds by the purchase of the Federal Securities set forth on Schedule B-1
attached hereto, and to immediately invest $ of such funds by the purchase of the
Federal Securities set forth on Schedule B-2,
3
(d)
to hold $
as uninvested cash, and
(e) to deposit in the Escrow Account, as received, the receipts of maturing principal
of and interest on the Federal Securities in the Escrow Account.
Section 4.
Payment of Refunded Bonds.
(a) Refunded Bonds. On the redemption date for each respective series of Refunded
Bonds, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash
on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service for the
respective series of Refunded Bonds coming due on such date, as shown on Schedule A and as
demonstrated on Exhibit C hereto.
(b) Surplus. On the last redemption date for the Refunded Bonds, after making the
payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay
to the Issuer any remaining cash in the Escrow Account in excess of the Escrow Requirement, to
be used for any lawful purpose of the Issuer.
(c) Priority of Payments. The holders of the Refunded Bonds shall have an express
first lien on the funds and Federal Securities in the Escrow Account until such funds and
Federal Securities are used and applied as provided in this Agreement. If the cash on hand in
the Escrow Account is ever insufficient to make the payments required under Subsection 4(a),
all of the payments required under Subsection 4(a) shall be made when due before any
payments shall be made under Subsections 4(b).
(d) Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder
acknowledges receipt of its fees to serve as Escrow Holder in the amount of [$500]/ and agrees
to invoice the Issuer for reimbursement of any out of pocket expenses incurred by the Escrow
Holder in performing its services hereunder, and further acknowledges that the Escrow Holder
does not have a lien on or claim against any funds held hereunder for reimbursement of such
expenses.
Section 5.
Reinvestment.
(a) Except as provided in Section 3 hereof, and in this Section, the Escrow Holder
shall have no power or duty to invest any funds held under this Agreement or to sell, transfer
or otherwise dispose of or make substitutions of the Federal Securities held hereunder.
(b) At the written request of the Issuer and upon compliance with the conditions
hereinafter stated, the Escrow Holder shall sell, transfer, otherwise dispose of or request the
4
redemption of any of the Federal Securities acquired hereunder and shall either apply the
proceeds thereof to the full discharge and satisfaction of the Refunded Bonds or substitute other
Federal Securities for such Federal Securities. The Issuer will not request the Escrow Holder to
exercise any of the powers described in the preceding sentence in any manner which would
cause any Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of
1986/ as amended, and the Regulations thereunder. The transactions may be effected only if (i)
an independent certified public accountant shall certify to the Escrow Holder that the cash and
principal.amount of Federal Securities remaining on hand after the transactions are completed,
together with the interest due thereon, will be not less than the Escrow Requirement, and (ii) the
Escrow Holder shall receive an unqualified opinion from a nationally recognized bond counsel
or tax counsel to the effect that the transactions will not cause such Bonds to be "arbitrage
bonds" within the meaning of the Internal Revenue Code of 1986/ as amended, and the
regulations thereunder in effect on the date of the transactions and applicable to transactions
undertaken on such date.
Section 6. No Redemption or Acceleration of Maturity. Except as provided in the
Irrevocable Instruction and Authorization to Redeem Bonds, the Issuer will not accelerate the
maturity or due date of the Refunded Bonds.
Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its respective
successors, assigns, agents and servants shall not be held to any personal liability whatsoever,
in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement,
the establishment of the Escrow Account, the acceptance of the funds deposited therein, the
purchase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof
or any payment, transfer or other application of money or securities by the Escrow Holder in
any non-negligent act, non-negligent omission or non-negligent error of the Escrow Holder
made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to
the Issuer for its negligent or willful acts, omissions or errors which violate or fail to comply
with the terms of this Agreement. The duties and obligations of the Escrow Holder shall be
determined by the express provisions of this Agreement. The Escrow Holder may consult with
counsel, who mayor may not be counsel to the Issuer, and in reliance upon the opinion of such
counsel shall have full and complete authorization and protection in respect of any action taken,
suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder
shall deem it necessary or desirable that a matter be proved or established prior to taking,
suffering or omitting any action under this Agreement, such matter may be deemed to be
conclusively established by a certificate signed by an authorized officer of the Issuer.
The Escrow Holder has no duty to determine or inquire into the happening or
occurrence of any event or contingency where the performance or the failure of performance of
the Issuer with respect to arrangements or contracts with others, the Escrow Holder's sole duty
5
and responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver
the same strictly in accordance with this Agreement.
Section 8. Resi~ation of Escrow Holder. The Escrow Holder may resign and
thereby become discharged from the duties and obligations hereby created, by notice in writing
given to the Issuer and published once in a newspaper of general circulation published in the
territorial limits of the Issuer, and in a daily newspaper of general circulation or a financial
journal published or circulated in the Borough of Manhattan, City and State of New York, not
less than sixty (60) days before such resignation shall take effect. Such resignation shall take
effect immediately upon the appointment of a successor Escrow Holder hereunder and
payments of all amounts due the resigning Escrow Holder.
Section 9.
Removal of Escrow Holder.
(a) The Escrow Holder may be removed at any time by an instrument or concurrent
instruments in writing, executed by the holders of not less than fifty-one per centum (51%) in
aggregate principal amount of each series of Refunded Bonds then outstanding, such
instruments to be filed with the Issuer, and notice in writing given by such holders to all of the
registered holders of each series of the Refunded Bonds and published once in a newspaper of
general circulation published in the territorial limits of the Issuer, and in a daily newspaper of
general circulation or a financial journal published or circulated in the Borough of Manhattan,
City and State of New York, not less than sixty (60) days before such removal is to take effect as
stated in such instrument or instruments. A photographic copy of any instrument filed with the
Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow
Holder.
(b) The Escrow Holder may also be removed at any time for any breach of trust or
for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any
provisions of this Agreement with respect to the duties and obligations of the Escrow Holder,
by the Issuer or by the holders of not less than twenty-five per centum (25%) in aggregate
principal amount of each series of the Refunded Bonds then outstanding.
(c) No such removal shall take effect until a successor Escrow Holder shall be appointed
hereunder.
Section 10.
Successor Escrow Holder.
(a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved
or otherwise become incapable of acting, or shall be taken over by any governmental official,
agency, department or board, the position of Escrow Holder shall thereupon become vacant. If
the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any
6
other reason, the Issuer shall appoint a successor Escrow Holder to fulfill the duties of Escrow
Holder hereunder. The Issuer shall publish notice of any such appointment once in each week
for four (4) successive weeks in a newspaper of general circulation published in the territorial
limits of the Issuer and in a daily newspaper of general circulation or a financial journal
published or circulated in the Borough of Manhattan, City and State of New York, and, before
the second publication of such notice shall mail a copy thereof to the original purchaser or
purchasers of the Refunded Bonds.
(b) At any time within one year after such vacancy shall have occurred, the holders
of a majority in principal amount of each series of Refunded Bonds then outstanding, by an
instrument or concurrent instruments in writing, executed by all such bondholders and filed
with the governing body of the Issuer, may appoint a successor Escrow Holder, which shall
supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each
such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder
and to the Escrow Holder so appointed by the bondholders.
(c) If no appointment of a successor Escrow Holder shall be made pursuant to the
foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or any
retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor
Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem
proper and prescribe, appoint a successor Escrow Holder.
Section 11. Term. This Agreement shall commence upon its execution and delivery
and shall terminate when the Refunded Bonds have been paid and discharged in accordance
herewith, and all amounts held by the Escrow Holder hereunder have been applied in
accordance herewith.
Section 12. Severability. If anyone or more of the covenants or agreements provided
in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be
determined by a court of competent jurisdiction to be contrary to law, such covenant or
agreements herein contained shall be null and void and shall be severed from the remaining
covenants and agreements and shall in no way affect the validity of the remaining provisions of
this Agreement.
Section 13. Counterparts. This Agreement may be executed in several counterparts,
all or any of which shall be regarded for all purposes as duplicate originals and shall constitute
and be but one and the same instrument.
Section 14.
State of Florida.
Governing Law. This Agreement shall be construed under the laws of the
7
Section 15. Security for Accounts and Funds. All accounts and funds maintained or
held pursuant to this Agreement shall be continuously secured in the same manner as other
deposits of municipal funds are required to be secured by the laws of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers and their official seals to be hereunto affixed as of the date first
above written.
THE CITY OF CLEARWATER, FLORIDA
(SEAL)
Mayor
ATTEST:
City Clerk
City Manager
Approved as to Form,
Sufficiency and Correctness:
City Attorney
WELLS FARGO BANK, N.A. as Escrow
Holder
(SEAL)
By:
Its:
8
Schedule A
(Aggregate Debt Service; Semi-Annual Debt Service;
Annual Debt Service; Description of Refunded Bonds)
Series 1999 Bonds
Payment Date Principal Premium Interest Total Debt Service
May 1/ 20 $ $
November 1/ 20 $ $ $ $
Schedule B-1
(Restricted Federal Securities for Investment)
Maturity Bond Type Principal Coupon Yield Purchase
Price
May 1/ 20_ SLGS-C1 $ $
November 1, 20_ SLGS-C1 % %
Schedule B-2
(Umestricted Federal Securities for Investment)
Maturity Bond Type Principal Coupon Yield Purchase
Price
May 1/ 20_ SLGS-Cl $ $
Schedule C
Escrow Cash Flow
Date Principal Rate Interest Transfer Receipts Disbursements Cash
Balance
$ $ $
$ $
% $
f=t-.j-:2
City Council tJ-3
Aa~!lda c~~"~,!:....~emora I'!d u m~_,_~",.".",_.,..~~__~_._,_".__.,"_W_
Tracking Number: 1,199
Actual Date: 04/07/2005
Subject / Recommendation:
Pass on first reading Ordinance 7423-05, providing for the advance refunding of the outstanding
Gas Revenue Bonds, Series 1997 A,
Summary:
The Gas Revenue Bonds, Series 1997A (interest rates from 4.375% to 5.00%) are eligible for
advance refunding. The outstanding bonds are callable on September 1/ 2006 through August
31, 2007 at 101% of the par amount of the bonds outstanding and September 1/ 2007 and
afterwards at 100% of the par amount of the bonds outstanding.
With long-term interest rates in such a state of uncertainty, at some point in the future, it may
become beneficial to do an advance refunding of this bond issue. By passing this ordinance and
the forthcoming resolution, the City will be prepared to move quickly and realize the maximum
savings possible. The latest estimated present value savings of refunding these bonds is
$290,998.39 or 4.337%.
The bonds will only be refunded if adequate savings are going to be realized.
A sale resolution will be brought forward for Council adoption at the same time as the second
reading of this ordinance.
The complete ordinance is available in the Office of Official Records and Legislative Services
Department.
Originating: Fi nance
Section Other items on City Manager Reports
Category: Bonding
Financial Information:
~ Debt - Bond
Review ADproval
Maroie Simmons
03-14-2005
11 :37:38
Garrv Brumback
03-23-2005
10:59:30
Pam Akin
03-21-2005
10:37:29
Bill Horne
03-23-2005
15:06:39
Cvndie Goudeau
03-23-2005
15:44:29
ORDINANCE NO. 7423-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUPPLEMENTING ORDINANCE NO. 5118-91 TO
AUTHORIZE ADDITIONAL GAS SYSTEM REVENUE
BONDS, SERIES (TO BE DETERMINED) OF THE CITY OF
CLEARWATER, FLORIDA, TO BE ISSUED IN ONE OR
MORE SERIES OVER ONE OR MORE YEARS AS
ADDITIONAL PARITY OBLIGATIONS OF THE CITY
PURSUANT TO THE CITY'S ORIGINAL ORDINANCE;
PLEDGING THE NET REVENUES OF THE SYSTEM TO
SECURE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS
OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR
THE PAYMENT THEREOF; SETTING FORTH THE FORM OF
ESCROW DEPOSIT AGREEMENT; PROVIDING FOR THE
APPOINTMENT OF AN ESCROW AGENT; MAKING
CERTAIN OTHER COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA, as follows:
SECTION 1. AUTHORITY FOR THIS ORDINANCE: ORDINANCE TO BE
SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166,
Part II, Florida Statutes, and other applicable provisions of law (the "Act") and the Original
Ordinance (as hereinafter defined). This Ordinance is supplemental to the Original
Ordinance and all provisions of the Original Ordinance not supplemented, modified,
superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b)
apply to the Bonds (as hereinafter defined) issued pursuant to this Ordinance to the same
extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter
defined, and (c) are incorporated herein by reference as if fully set forth.
SECTION 2. DEFINITIONS. Unless the context otherwise requires, the
terms defined in this Ordinance shall have the meanings specified in this section, and any
capitalized terms not defined herein shall have the meanings specified in Section 2 of the
Original Ordinance. Words importing singular number shall include the plural number in
each case and vice versa, and words importing persons shall include firms and
corporations.
Ordinance No. 7423.05
1
"Bond Registrar" or "Registrar" shall mean the officer of the Issuer or the bank or
trust company which the Issuer may from time to time designate to perform the duties
herein set forth for the Registrar of the Refunding Bonds.
"Bonds" shall mean (i) the Bonds authorized under the Original Ordinance, (ii) the
Additional Parity Obligations previously issued by the Issuer, and (Iii) any Additional Parity
Obligations issued hereafter in accordance with the provisions of the Original Ordinance
and this Ordinance.
"Escrow Deposit Agreement" shall mean that certain Escrow Deposit Agreement by
and between the Issuer and a bank or trust company to be approved by subsequent
resolution of the Issuer, for the purpose of providing for the payment of each series of
Refunded Bonds, which agreement shall be in substantially the form attached hereto as
Exhibit "A" and is hereby incorporated by reference.
"Ordinance" shall mean this Ordinance No. 7423-05 of the Issuer as hereafter
amended and supplemented from time to time in accordance with the provisions hereof.
"Original Ordinance" shall mean City of Clearwater Ordinance No. 5118-91 as
thereafter amended and supplemented from time to time in accordance with the provisions
thereof.
"Parity Bonds" shall mean the outstanding Gas System Revenue Bonds, Series
1997 A, dated October 1, 1997, the outstanding Gas System Revenue Bonds, Series
1997B, dated October 1, 1997, the outstanding Gas System Revenue Refunding Bonds,
Series 1998, dated January 15, 1998, the outstanding Gas System Revenue Refunding
Bonds, Series 2004, dated January 15, 2004, and any Additional Parity Obligations issued
under the authority of the Original Ordinance or this Ordinance.
"Refunded Bonds" or "Advance Refunded Bonds" shall mean any series of Parity
Bonds, or portion thereof, for which the future payments of principal, premium, if any, and
interest has been provided for in an irrevocable escrow in accordance with the Escrow
Deposit Agreement with proceeds of a series of Refunding Bonds, which are so designated
in accordance with subsequent resolutions to be adopted by the Issuer prior to the
issuance of such series of Refunding Bonds.
"Refunding Bonds" or "Advance Refunding Bonds" shall mean the obligations ofthe
Issuer authorized to be issued pursuant to this Ordinance and determined by subsequent
resolution ofthe Issuer, which Refunding Bonds may be issued in one or more series, with
each series to be separately designated in accordance with subsequent resolutions to be
adopted by the Issuer prior to the issuance of any series of Refunding Bonds.
"Series" or "Series of Bonds" or "Bonds of a Series" shall mean all Bonds issued
under this Ordinance and designated as being of the same Series issued and delivered on
original issuance in a simultaneous transaction, and any Bonds thereafter delivered in lieu
thereof or in substitution therefore pursuant to this Indenture Ordinance.
Ordinance No. 7423-05
2
SECTION 3.
FINDINGS. It is hereby found, determined and declared that:
(A) The Issuer has heretofore enacted the Original Ordinance authorizing the
issuance of certain obligations to be secured by and payable from the Net Revenues, and
providing for the issuance of Additional Parity Obligations, upon the conditions set forth
therein, to be payable on a parity from such Net Revenues.
(B) It is in the best interest of the Issuer to authorize the issuance of Bonds
(including Refunding bonds and Advance Refunding Bonds to be issued from time to time
to finance or refinance the costs of certain additions, extensions, supplements or
replacements of the existing gas system. The refunding program herein described will be
advantageous to the Issuer by providing a net present value reduction in the amount of
debt service secured by the System, resulting in a lessening of pressures to increase
System rates.
(C) Such Bonds shall be payable from the Net Revenues on a parity with the then
outstanding Parity Bonds.
(D) Any Series of Bonds to be issued pursuant to this Ordinance, shall be issued
upon approval by subsequent resolution ofthe Issuer as provided by law. The proceeds of
any such Series of Bonds shall be applied as provided in a subsequent ordinance or
resolution.
(E) The principal of and interest on each Series of the Bonds and all other
payments shall be payable solely from the Net Revenues derived from the operation of the
System, as provided herein and in the Original Ordinance. The Bonds shall not constitute
an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or
taxing power of the Issuer, the State, or any political subdivision thereof, within the
meaning of any constitutional, statutory or charter provisions. Neither the State of Florida,
nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem
taxes on any property to pay the principal of the Refunding Bonds, the interest thereon, or
other costs incidental thereto or (2) to pay the same from any other funds of the Issuer
except from the Net Revenues, in the manner provided herein and in the Original
Ordinance.
The Bonds shall not constitute a lien upon the System, or any part thereof, or on any
other property of the Issuer, but shall constitute a first and prior lien only on the Net
Revenues in the manner provided herein and in the Original Ordinance.
(F) The estimated Net Revenues to be derived from the operation of the System
will be sufficient to pay all principal of and interest on the Parity Bonds and each Series of
Bonds issued hereunder, as the same become due, and to make all required Sinking Fund,
Reserve and other payments required by this Ordinance and the Original Ordinance.
(G) The Original Ordinance, in Section 16(T) thereof, provides for the issuance of
Additional Parity Obligations under the terms, limitations and conditions provided therein.
Ordinance No. 7423-05
3
(H) The Issuer has complied with the terms, conditions and restrictions contained
in the Original Ordinance. The Issuer is, therefore, legally entitled to issue the Refunding
Bonds as Additional Parity Obligations within the authorization contained in the Original
Ordinance.
SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In
consideration of the acceptance of the Bonds by the Bondholders from time to time, this
Ordinance and the Original Ordinance shall be deemed to be and shall constitute a
contract between the Issuer and such Bondholders. The covenants and agreements
herein set forth to be performed by the Issuer shall be for the equal benefit, protection and
security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank
and without preference, priority or distinction of any of the Bonds over any other thereof,
except as expressly provided therein and herein.
SECTION 5. AUTHORIZATION OF BONDS. Subject and pursuant to the
provisions hereof and as shall be described in subsequent resolutions of the Issuer to be
adopted prior to the issuance of any Series of Bonds, obligations of the Issuer to be known
as "Gas System Revenue [Refunding] Bonds, Series [to be determined]" are authorized to
be issued in one or more series from time to time. The aggregate amount of the Bonds
which may be executed and delivered under this Ordinance is not limited except as is or
may hereafter be limited by the maximum amount of Additional Parity Obligations provided
in Section 16(T) of the Original Ordinance.
SECTION 6. DESCRIPTION OF BONDS. The Bonds shall be issued in fully
registered form; may be Capital Appreciation Bonds, Capital Appreciation Income Bonds,
Option bonds, Variable Rate Bonds, Serial Bonds or Term Bonds; shall be dated; shall be
numbered consecutively from one upward in order of maturity preceded by the letter "R";
shall be in the denomination of $5,000 each, or integral multiples thereof for the Current
Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in
$5,000 multiples thereof, or such other denominations as shall be approved by the Issuer
in a supplemental resolution prior to the delivery of the Bonds; shall have such Paying
Agent and Registrar as designated in a subsequent Resolution of the Issuer adopted prior
to the issuance of such Series of Bonds; shall bear interest at such rate or rates not
exceeding the maximum rate allowed by State law, the actual rate or rates to be approved
by the governing body of the Issuer prior to or upon the sale of the Bonds; such interest to
be payable semiannually at such times as are fixed by supplemental resolution of the
Issuer if Current Interest Bonds and shall mature annually on such date in such years and
in such amounts as will be fixed by supplemental resolution of the Issuer prior to or upon
the sale of any Series of Bonds; and may be issued with variable, adjustable, convertible or
other rates with original issue discounts and/or original issue premiums; all as the Issuer
shall provide herein or hereafter by supplemental resolution.
Each Series of Bonds shall bear interest from the interest payment date next
preceding the date on which it is authenticated, unless authenticated on an interest
Ordinance No. 7423-05
4
payment date, in which case it shall bear interest from such interest payment date, or,
unless authenticated prior to the first interest payment date, in which case it shall bear
interest from its date; provided, however, that if at the time of authentication payment of
any interest which is due and payable has not been made, such Series of Bonds shall bear
interest from the date to which interest shall have been paid.
The Capital Appreciation Bonds shall bear interest only at maturity or upon
redemption prior to maturity in the amount determined by reference to the Accreted Value
of such Bonds.
The principal of and the interest redemption premium, if any, on the Bonds shall be
payable in any coin or currency of the United States of America which on the respective
dates of payment thereof is legal tender for the payment of public and private debts. The
interest on the Bonds (other than Capital Appreciation Bonds) shall be payable by the
Paying Agent on each interest payment date to the person appearing on the registration
books of the Issuer hereinafter provided for as the registered Holder thereof, by check or
draft mailed to such registered Holder at his address as it appears on such registration
books or by wire transfer to Holders of $1,000,000 or more in principal amount of the
Bonds. Payment of the principal of all Bonds and the Accreted Value with respect to the
Capital Appreciation Bonds shall be made upon the presentation and surrender of such
Bonds as the same shall become due and payable.
Notwithstanding any other provisions of this section, the Issuer may, at its option,
prior to the date of issuance of any Series of Bonds, elect to use an immobilization system
or pure book-entry system with respect to issuance of such Series of Bonds, provided
adequate records will be kept with respect to the ownership of such Series of Bonds issued
in book-entry form or the beneficial ownership of bonds issued in the name of a nominee.
As long as any Bonds are outstanding in book-entry form the provisions of this Ordinance
inconsistent with such system of book-entry registration shall not be applicable to such
Bonds. The details of any alternative system of issuance, as described in this paragraph,
shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such
Series of Bonds.
SECTION 7. EXECUTION OF BONDS. The Bonds shall be executed in the
name of the Issuer by its City Manager, counter-signed by its Mayor and attested to by its
City Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced
thereon. The Bonds shall be approved as to form and legal sufficiency by the City Attorney
ofthe Issuer. The facsimile signatures of such officers may be imprinted or reproduced on
the Bonds. The Certificate of Authentication of the Bond Registrar, hereinafter described,
shall appear on the Bonds, and no Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this Ordinance unless such certificate shall have
been duly executed on such Bond. The authorized signature for the Bond Registrar shall
at all times be a manual signature. In case any officer whose signature shall appear on
any Bonds shall cease to be such officer before the delivery of such Bonds, such signature
or facsimile shall nevertheless be valid and sufficient for all pu rposes the same as if he had
remained in office until such delivery. Any Bonds may be signed and sealed on behalf of
Ordinance No. 7423-05
5
the Issuer by such person who at the actual time of the execution of such Bonds shall hold
the proper office with the Issuer, although at the date of enactment of this Ordinance such
person may not have held such office or may not have been so authorized.
SECTION 8.
NEGOTIABILITY AND REGISTRATION.
(A) NEGOTIABILITY. The Bonds shall be and shall have all of the qualities and
incidents of negotiable instruments under the Uniform Commercial Code - Investment
Securities of the State of Florida, and each successive Holder, in accepting any of the
Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all
of the qualities and incidents of negotiable instruments under the Uniform Commercial
Code - Investment Securities of the State of Florida.
(B) REGISTRATION AND TRANSFER. There shall be a Bond Registrar for the
Bonds which shall be a bank or trust company located within or without the State of Florida.
The Bond Registrar shall maintain the registration books of the Issuer and be responsible
for the transfer and exchange of the Bonds. The Issuer shall, prior to the proposed date of
delivery of the Bonds, by resolution designate the bank to serve as a Bond Registrar and
Paying Agent. The Bond Registrar shall maintain the books for the registration of the
transfer and exchange of the Bonds in compliance with an agreement to be executed
between the Issuer and such bank as Bond Registrar on or prior to the date of delivery of
the Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of
the parties thereto.
The Bonds may be transferred upon the registration books, upon delivery to the
Registrar, together with written instructions as to the details for the transfer of such Bonds,
along with the social security or federal employer identification number of such transferee
and, if such transferee is a trust, the name and social security or federal employer
identification numbers of the settlor and beneficiaries ofthe trust, the date ofthe trust and
the name of the trustee. No transfer of any Bond shall be effective until entered on the
registration books maintained by the Registrar.
In all cases of the transfer of the Bonds, the Registrar shall enter the transfer of
ownership in the registration books and shall authenticate and deliver in the name of the
transferee or transferees a new fully registered Bond or Bonds of authorized
denominations of the same maturity and interest rate for the aggregate principal amount
which the Registered Owner is entitled to receive at the earliest practicable time in
accordance with the provisions of this Ordinance. Any Bond or Bonds shall be
exchangeable for a Bond or Bonds of the same maturity and interest rate, in any
authorized denomination, but in a principal amount equal to the unpaid principal amount of
the Bond or Bonds presented for exchange. Bonds to be exchanged shall be surrendered
at the principal office of the Registrar, and the Registrar shall deliver in exchange therefor
the Bond or Bonds which the Bondholder making the exchange shall be entitled to receive.
The Issuer or the Registrar may charge the Registered Owner of such Bond for every such
transfer or exchange an amount sufficient to reimburse them for their reasonable fees and
for any tax, fee, or other governmental charge required to be paid with respect to such
Ordinance No. 7423-05
6
transfer or exchange, and may require that such charge be paid before any such new Bond
shall be delivered.
All Bonds delivered upon transfer or exchange shall bear interest from such date
that neither gain nor loss in interest shall result from the transfer or exchange.
All Bonds presented for transfer, exchange, redemption or payment (if so required
by the Issuer), shall be accompanied by a written instrument or instruments of transfer or
authorization for exchange, in form and with guaranty of signature satisfactory to the Issuer
and the Registrar duly executed by the Registered Owner or by his duly authorized
attorney.
SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In
case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its
discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and
cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed,
stolen or lost, and upon the Holder furnishing the Issuer proof of his ownership thereof and
satisfactory indemnity and complying with such other reasonable regulations and
conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur.
All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the
Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the
Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost,
stolen or destroyed, without surrender thereof.
Any such duplicate Bonds issued pursuant to this section shall constitute original,
additional contractual obligations on the part of the Issuer whether or not the lost, stolen or
destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be
entitled to equal and proportionate benefits and rights as to lien on the source and security
for payment from the funds, as hereinafter pledged, to the same extent as all other Bonds
issued hereunder.
SECTION 10. BOOK ENTRY SYSTEM. Notwithstanding the provisions of
Sections 7,8 and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the
Bonds, elect to use an immobilization system or pure book-entry system with respect to
issuance of such Bonds, provided adequate records will be kept with respect to the
ownership of such Bonds issued in book-entry form or the beneficial ownership of bonds
issued in the name of a nominee. As long as any Bonds are outstanding in book-entry
form the provisions of Sections 7, 8 and 9 of this Ordinance shall not be applicable to such
Bonds. The details of any alternative system of issuance, as described in this paragraph,
shall be set forth in a subsequent resolution of the Issuer duly adopted at or prior to the
sale of any such Series of Bonds.
SECTION 11. ESCROW DEPOSIT AGREEMENT. The form of Escrow Deposit
Agreement to be used in connection with the defeasance and redemption of a Series of
Bonds to be redeemed is attached hereto as Exhibit "A" and incorporated herein by
Ordinance No. 7423-05
7
reference is hereby approved. The Mayor, or in his absence the Vice Mayor, the City
Manager and the City Clerk are hereby authorized to execute such Escrow Deposit
Agreement in substantially the form attached as Exhibit "A" upon the approval of the City
Attorney as to form and legal sufficiency, with such additional changes, insertions and
omissions therein as do not change the substance thereof and as may be approved by the
said officers of the Issuer executing the same, such execution to be conclusive evidence of
such approval.
The Finance Director is hereby authorized to solicit offers from financial institutions
to serve as Escrow Agent under the Escrow Deposit Agreement for each Series of Bonds
to be redeemed, and the Finance Director is hereby authorized to select the firm with the
lowest bid to serve in such capacity.
SECTION 12. PROVISIONS FOR REDEMPTION. Each Series of Bonds shall
be redeemable as provided by subsequent resolution ofthe Issuer applicable to each such
Series of Bonds.
Notice of such redemption, identifying the Bonds or portions thereof called for
redemption, shall be given by the Registrar (who shall be the Paying Agent, or such other
person, firm or corporation as may from time to time be designated by the Issuer as the
Registrar) by mailing a copy of the redemption notice by first-class mail (postage prepaid)
not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for
redemption to the Registered Owner of each Bond to be redeemed in whole or in part at
the address shown on the registration books. Failure to give such notice by mailing to any
Registered Owner of Bonds, or any defect therein, shall not affect the validity of any
proceeding for the redemption of other Bonds. All Bonds or portions thereof so called for
redemption will cease to bear interest after the specified redemption date provided funds
for their redemption are on deposit at the place of payment at that time.
Upon surrender of any Bond for redemption in part only, the Issuer shall issue and
deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered
Owner, a new Bond or Bonds of authorized denominations in aggregate principal amount
equal to the unredeemed portion surrendered.
Whenever any Bonds shall be delivered to the Bond Registrar for cancellation, upon
payment of the principal amount thereof, or for replacement, transfer or exchange, such
Bonds shall be canceled and, upon request of the Issuer, destroyed by the Bond
Registrar. Counterparts of the certificate of destruction evidencing any such destruction
shall be furnished to the Issuer.
SECTION 13. FORM OF THE BONDS. The Bonds shall be substantially in
the form of Bond approved by Original Ordinance, with such omissions, insertions and
variations as may be necessary and desirable and authorized and permitted by this
Ordinance or by any supplemental resolution adopted prior to the issuance thereof.
Ordinance No. 7423-05
8
SECTION 14. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. Each
Series of Bonds shall for all purposes (except as herein expressly provided) be considered
to be Additional Parity Obligations issued under the authority of the Original Ordinance and
in accordance with such subsequent resolution to be adopted, and shall be entitled to all
the protection and security provided therein for the Parity Bonds, and shall be in all
respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds.
The covenants and pledges contained in the Original Ordinance shall be applicable
to each Series of Bonds in like manner as applicable to the Parity Bonds. The principal of
and interest on each Series of Bonds shall be payable from the Sinking Fund established
in the Original Ordinance on a parity with the Parity Bonds, and payments shall be made
into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and
interest on the Parity Bonds and such Series of Bonds as such principal and interest
become due.
SECTION 15. COVENANTS OF THE ISSUER. The provisions of Section 16
of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to
the Bonds issued pursuant to the Original Ordinance and in accordance with such
subsequent resolution, as though fully restated herein.
SECTION 16. AMENDING AND SUPPLEMENTING OF ORDINANCE
WITHOUT CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the
Original Ordinance shall be deemed applicable to this Ordinance and shall apply to each
Series of Bonds issued pursuant to this Ordinance and by subsequent resolution of the
Issuer as though fully restated herein.
SECTION 17. AMENDMENT OF ORDINANCE WITH CONSENT OF
HOLDERS OF BONDS. The provisions of Section 18 of the Original Ordinance shall be
deemed applicable to this Ordinance and shall apply to each Series of Bonds issued
pursuant to this Ordinance and by subsequent resolution of the Issuer as though fully
restated herein.
SECTION 18. DEFEASANCE. The provisions of Section 19 of the Original
Ordinance shall be deemed applicable to this Ordinance and shall apply to each Series of
Bonds issued pursuant to this Ordinance and by subsequent resolution of the Issuer as
though fully restated herein.
SECTION 19.
TAX COVENANTS.
(A) The Issuer covenants with the Registered Owners of each Series of Bonds
that it shall not use the proceeds of such series of Bonds in any manner which would
cause the interest on such Series of Bonds to be or become includable in the gross income
of the Registered Owner thereof for federal income tax purposes.
(B) The Issuer covenants with the Registered Owners of each Series of Bonds
that neither the Issuer nor any person under its control or direction will make any use of the
Ordinance No. 7423-05
9
proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in
any manner which would cause such Series of Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Code and neither the Issuer nor any other person shall do
any act or fail to do any act which would cause the interest on such Series of Bonds to
become includable in the gross income of the Registered Owner thereof for federal income
tax purposes.
(C) The Issuer hereby covenants with the Registered Owners of each Series of
Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion
of interest on the Bonds from the gross income of the Registered Owner thereof for federal
income tax purposes, including, in particular, the payment of any amount required to be
rebated to the U.S. Treasury pursuant to the Code.
SECTION 20. GOVERNMENTAL REORGANIZATION. The provisions of
Section 21 of the Original Ordinance shall be deemed applicable to this Ordinance and
shall apply to each Series of Bonds issued pursuant to this Ordinance and by subsequent
resolution of the Issuer as though fully restated herein.
SECTION 21. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer
may make such covenants as it may, in its sole discretion, determine to be appropriate with
any Credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the
security or the value of a Series of Bonds. Such covenants may be set forth by
subsequent resolution adopted prior to or simultaneously with the sale of each Series of
Bonds and shall have the same effect as if such covenants were set forth in full in this
Ordinance.
SECTION 22. PRELIMINARY OFFICIAL STATEMENT. The distribution of a
Preliminary Official Statement relating to each Series of Bonds is hereby approved in such
form and substance as shall be approved by subsequent resolution of the Issuer.
SECTION 23. SEVERABILITY. If anyone or more of the covenants,
agreements, or provisions of this Ordinance should be held contrary to any express
provision of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separate
from the remaining covenants, agreements or provisions of this Ordinance or of the Bonds.
SECTION 24. REPEAL OF INCONSISTENT INSTRUMENTS. All ordinances
or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of
such conflict.
Ordinance No. 7423-05
10
SECTION 25. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its enactment.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form:
Pamela K. Akin
City Attorney
Frank Hibbard
Mayor
Ordinance No. 7423-05
11
EXHIBIT A
FORM OF ESCROW DEPOSIT AGREEMENT
A-I
Ordinance No. 7423-05
EXHIBIT A
FORM OF
ESCROW DEPOSIT AGREEMENT
This ESCROW DEPOSIT AGREEMENT, dated as of 1/ 20---J by and between
the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the
"Issuer"), and . a [national banking association][state banking
corporation] organized under the laws of the [United States of America][State of ]/ as
Escrow Holder (the "Escrow Holder");
WITNESSETH:
WHEREAS, the Issuer has previously authorized and issued obligations of the Issuer as
hereinafter set forth defined as the "Refunded Bonds", as to which the Aggregate Debt Service
(as hereinafter defined) is set forth on Schedule A; and
WHEREAS, the Issuer has determined to provide for payment of the Aggregate Debt
Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the
provisions hereof, cash and Federal Securities (as defined herein), the principal of and interest
on which will be at least equal to the Aggregate Debt Service; and
WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has
authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2005
Bonds more fully described herein; and
WHEREAS, the Issuer has determined that the amount to be on deposit from time to
time in the Escrow Account, as defined herein, will be sufficient to pay the Aggregate Debt
Service;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Issuer and the Escrow Holder agree as follows (provided however that the
Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any
manner whatsoever for the recitals made herein or in the Ordinance, or the adequacy or
sufficiency of the Escrow Requirement):
Section 1.
Definitions. As used herein, the following terms mean:
(a) "Aggregate Debt Service" means, as of any date, the sum of all present and future
Annual Debt Service payments then remaining unpaid with respect to the respective Series of
the Refunded Bonds.
I
(b) "Agreement" means this Escrow Deposit Agreement.
(c) "Annual Debt Service" means, with respect to the redemption date for the
Refunded Bonds, the principal of, premium, and interest on the respective Series of the
Refunded Bonds coming due on the redemption date as shown on Schedule A attached hereto.
(d) "Bonds" or "Series _ Bonds" means the Gas System Revenue [Refunding]
Bonds, Series _ of the Issuer, authorized by the Ordinance, as herein defined.
(e) "Call Date" shall have the meaning set forth in the Issuer's Irrevocable Instruction
and Authorization to Redeem Bonds.
(f) "Escrow Account" means the account established and held by the Escrow Holder
pursuant to this Agreement, in which cash and investments will be held for payment of the
Refunded Bonds.
(g) "Escrow Holder" means [
[national banking association][state banking corporation]
[United States of America][State of ].
] [ ]/ a
organized under the laws of the
(h) "Escrow Requirement" means, as of any date of calculation, the sum of an
amount in cash and principal amount of Federal Securities in the Escrow Account which,
together with the interest due on the Federal Securities, will be sufficient to pay, as the
installments thereof become due, the Aggregate Debt Service.
(i) "Federal Securities" means direct obligations of the United States of America and
obligations the principal of or interest on which are fully guaranteed by the United States of
America, none of which permit redemption prior to maturity at the option of the obligor.
0) "Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate
executed by the Issuer which provides for redemption of certain of the Refunded Bonds on the
Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs
the paying agent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon
upon surrender thereof at maturity or on their Call Date, whichever is earlier.
(k) "Issuer" means the City of Clearwater, Florida.
(I) "Ordinance" means Ordinance No. 5118-91 enacted by the Issuer on August 15/
1991/ as amended and supplemented in Ordinance _-05/ enacted on , 2005/ as
amended and supplemented..
2
(m) "Paying Agent" shall mean the Paying Agent for the Refunded Bonds.
(n) "Refunded Bonds" shall mean the Series _ Bonds maturing on and after
1/200_.
(0) "Series Bonds" shall mean the Issuer's Gas System [Refunding] Revenue
Bonds, Series , dated
Section 2. Deposit of Funds. The Issuer hereby deposits $ with the
Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow
Holder and applied solely as provided in this Agreement. The Issuer represents that:
(a) Such funds are all derived as follows:
(1)
$
from the net proceeds of the Bonds; and
(2) $
the Refunded Bonds.
transferred from the Sinking Fund held for the payment of
(b) Such funds, when applied pursuant to Section 3 below, will at least equal the
Escrow Requirement as of the date hereof.
Section 3. Use and Investment of Funds. The Escrow Holder acknowledges receipt
of $ and agrees:
(a) to hold the funds in irrevocable escrow during the term of this Agreement,
(b) to deposit the sum of $ , representing the $ of funds from
the Sinking Fund for the Refunded Bonds and $ from the proceeds of the Bonds, in
cash from the amount received by the Issuer in the Escrow Account, and, hold such funds in
cash until the 1, 20_ redemption date of the outstanding Series Bonds,
(c) to immediately invest $ of such funds derived from the proceeds of
the Bonds by the purchase of the Federal Securities set forth on Schedule B-1 attached hereto,
and to immediately invest $ of such funds by the purchase of the Federal Securities
set forth on Schedule B-2,
(d)
to hold $
as uninvited cash, and
(e) to deposit in the Escrow Account, as received, the receipts of maturing principal
of and interest on the Federal Securities in the Escrow Account.
3
Section 4.
Payment of Refunded Bonds.
(a) Refunded Bonds. On the redemption date for each respective series of Refunded
Bonds, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash
on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service for the
respective series of Refunded Bonds coming due on such date, as shown on Schedule A and as
demonstrated on Exhibit C hereto.
(b) Surplus. On the last redemption date for the Refunded Bonds, after making the
payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay
to the Issuer any remaining cash in the Escrow Account in excess of the Escrow Requirement, to
be used for any lawful purpose of the Issuer.
(c) Priority of Payments. The holders of the Refunded Bonds shall have an express
first lien on the funds and Federal Securities in the Escrow Account until such funds and
Federal Securities are used and applied as provided in this Agreement. If the cash on hand in
the Escrow Account is ever insufficient to make the payments required under Subsection 4(a),
all of the payments required under Subsection 4(a) shall be made when due before any
payments shall be made under Subsections 4(b).
(d) Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder
acknowledges receipt of its fees to serve as Escrow Holder in the amount of $ , and
agrees to invoice the Issuer for reimbursement of any out of pocket expenses incurred by the
Escrow Holder in performing its services hereunder, and further acknowledges that the Escrow
Holder does not have a lien on or claim against any funds held hereunder for reimbursement of
such expenses.
Section 5.
Reinvestment.
(a) Except as provided in Section 3 hereof, and in this Section, the Escrow Holder
shall have no power or duty to invest any funds held under this Agreement or to sell, transfer
or otherwise dispose of or make substitutions of the Federal Securities held hereunder.
(b) At the written request of the Issuer and upon compliance with the conditions
hereinafter stated, the Escrow Holder shall sell, transfer, otherwise dispose of or request the
redemption of any of the Federal Securities acquired hereunder and shall either apply the
proceeds thereof to the full discharge and satisfaction of the Refunded Bonds or substitute other
Federal Securities for such Federal Securities. The Issuer will not request the Escrow Holder to
exercise any of the powers described in the preceding sentence in any manner which would
cause any Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of
4
1986, as amended, and the Regulations thereunder. The transactions may be effected only if (i)
an independent certified public accountant shall certify to the Escrow Holder that the cash and
principal amount of Federal Securities remaining on hand after the transactions are completed,
together with the interest due thereon, will be not less than the Escrow Requirement, and (ii) the
Escrow Holder shall receive an unqualified opinion from a nationally recognized bond counsel
or tax counsel to the effect that the transactions will not cause such Bonds to be "arbitrage
bonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the
regulations thereunder in effect on the date of the transactions and applicable to transactions
undertaken on such date.
Section 6. No Redemption or Acceleration of Maturity. Except as provided in the
Irrevocable Instruction and Authorization to Redeem Bonds, the Issuer will not accelerate the
maturity or due date of the Refunded Bonds.
Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its respective
successors, assigns, agents and servants shall not be held to any personal liability whatsoever,
in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement,
the establishment of the Escrow Account, the acceptance of the funds deposited therein, the
purchase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof
or any payment, transfer or other application of money or securities by the Escrow Holder in
any non-negligent act, non-negligent omission or non-negligent error of the Escrow Holder
made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to
the Issuer for its negligent or willful acts, omissions or errors which violate or fail to comply
with the terms of this Agreement. The duties and obligations of the Escrow Holder shall be
determined by the express provisions of this Agreement. The Escrow Holder may consult with
counsel, who mayor may not be counsel to the Issuer, and in reliance upon the opinion of such
counsel shall have full and complete authorization and protection in respect of any action taken,
suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder
shall deem it necessary or desirable that a matter be proved or established prior to taking,
suffering or omitting any action under this Agreement, such matter may be deemed to be
conclusively established by a certificate signed by an authorized officer of the Issuer.
The Escrow Holder has no duty to determine or inquire into the happening or
occurrence of any event or contingency where the performance or the failure of performance of
the Issuer with respect to arrangements or contracts with others, the Escrow Holder's sole duty
and responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver
the same strictly in accordance with this Agreement.
Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and
thereby become discharged from the duties and obligations hereby created, by notice in writing
given to the Issuer and published once in a newspaper of general circulation published in the
5
territorial limits of the Issuer, and in a daily newspaper of general circulation or a financial
journal published or circulated in the Borough of Manhattan, City and State of New York, not
less than sixty (60) days before such resignation shall take effect. Such resignation shall take
effect immediately upon the appointment of a successor Escrow Holder hereunder and
payments of all amounts due the resigning Escrow Holder.
Section 9.
Removal of Escrow Holder.
(a) The Escrow Holder may be removed at any time by an instrument or concurrent
instruments in writing, executed by the holders of not less than fifty-one per centum (51%) in
aggregate principal amount of each series of Refunded Bonds then outstanding, such
instruments to be filed with the Issuer, and notice in writing given by such holders to all of the
registered holders of each series of the Refunded Bonds and published once in a newspaper of
general circulation published in the territorial limits of the Issuer, and in a daily newspaper of
general circulation or a financial journal published or circulated in the Borough of Manhattan,
City and State of New York, not less than sixty (60) days before such removal is to take effect as
stated in such instrument or instruments. A photographic copy of any instrument filed with the
Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow
Holder.
(b) The Escrow Holder may also be removed at any time for any breach of trust or
for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any
provisions of this Agreement with respect to the duties and obligations of the Escrow Holder,
by the Issuer or by the holders of not less than twenty-five per centum (25%) in aggregate
principal amount of each series of the Refunded Bonds then outstanding.
(c) No such removal shall take effect until a successor Escrow Holder shall be appointed
hereunder.
Section 10.
Successor Escrow Holder.
(a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved
or otherwise become incapable of acting, or shall be taken over by any governmental official,
agency, department or board, the position of Escrow Holder shall thereupon become vacant. If
the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any
other reason, the Issuer shall appoint a successor Escrow Holder to fulfill the duties of Escrow
Holder hereunder. The Issuer shall publish notice of any such appointment once in each week
for four (4) successive weeks in a newspaper of general circulation published in the territorial
limits of the Issuer and in a daily newspaper of general circulation or a financial journal
published or circulated in the Borough of Manhattan, City and State of New York, and, before
the second publication of such notice shall mail a copy thereof to the original purchaser or
6
purchasers of the Refunded Bonds.
(b) At any time within one year after such vacancy shall have occurred, the holders
of a majority in principal amount of each series of Refunded Bonds then outstanding, by an
instrument or concurrent instruments in writing, executed by all such bondholders and filed
with the governing body of the Issuer, may appoint a successor Escrow Holder, which shall
supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each
such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder
and to the Escrow Holder so appointed by the bondholders.
(c) If no appointment of a successor Escrow Holder shall be made pursuant to the
foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or any
retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor
Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem
proper and prescribe, appoint a successor Escrow Holder.
Section 11. Term. This Agreement shall commence upon its execution and delivery
and shall terminate when the Refunded Bonds have been paid and discharged in accordance
herewith, and all amounts held by the Escrow Holder hereunder have been applied in
accordance herewith.
Section 12. Severability. If anyone or more of the covenants or agreements provided
in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be
determined by a court of competent jurisdiction to be contrary to law, such covenant or
agreements herein contained shall be null and void and shall be severed from the remaining
covenants and agreements and shall in no way affect the validity of the remaining provisions of
this Agreement.
Section 13. Counterparts. This Agreement may be executed in several counterparts,
all or any of which shall be regarded for all purposes as duplicate originals and shall constitute
and be but one and the same instrument.
Section 14.
State of Florida.
Governing Law. This Agreement shall be construed under the laws of the
Section 15. Security for Accounts and Funds. All accounts and funds maintained or
held pursuant to this Agreement shall be continuously secured in the same manner as other
deposits of municipal funds are required to be secured by the laws of Florida.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers and their official seals to be hereunto affixed as of the date first
above written.
THE CITY OF CLEARWATER, FLORIDA
(SEAL)
Mayor
ATTEST:
City Clerk
City Manager
Approved as to Form,
Sufficiency and Correctness:
City Attorney
8
(SEAL)
. as Escrow Holder
By:
Its:
9
Payment Date
Schedule A
(Aggregate Debt Service; Semi-Annual Debt Service;
Annual Debt Service; Description of Refunded Bonds)
Series
Bonds
Principal
Premium
Interest
Total Debt Service
Schedule B-1
(Restricted Federal Securities for Investment)
Maturity Bond Type Principal Coupon Yield Purchase
Price
Schedule B-2
(Umestricted Federal Securities for Investment)
Maturity Bond Type Principal Coupon Yield Purchase
Price
Schedule C
Escrow Cash Flow
Date Principal Rate Interest Transfer Receipts Disbursements Cash
Balance
~.. .....:....; City Council
aer
,.... .... .;.........: _~.._,~~~da cov~.~...~emorandul!l
Er-s - 2
1).4
Tracking Number: 1,141
Actual Date: 04/07/2005
Subject / Recommendation:
Award a contract for the Glen Oaks Stormwater Management Project (02-0030-EN)to David
Nelson Construction for the sum of $7,602,219.57 which is the lowest responsible bid recieved
in accordance with the plans and specifications and authorize the appropriate officials to execute
same.
Summary:
This project is the highest ranked capital project for the Stevenson Creek Watershed Plan.
This Project will serve as a stormwater management facility with park amenities. Within the
limits of the 31.54 acre site, five stormwater management areas totaling approximately 21 acres
in size will provide flood protection from a 100-year design storm for 33 nearby structures (78
dwelling units), and provide water quality treatment for 1,193 acres of highly urbanized
tributary drainage area. In addition, the project will reduce the rates of downstream bank
erosion, sedimentation and create approximately 4.30 acres of vegetated wetland habitat.
The recreational components will include two lighted regulation size soccer fields, a trailhead for
a future spur of the Pinellas Trail, bicycle trails, pedestrian paths, playground area, observation
docks, gazebo and a restroom/vending shelter.
A publiC meeting was held at the Glen Oaks Golf Course on August 29, 2002. Approximately 30
citizens attended and expressed their concerns about the project.
At the October 3, 2002 City Commission meeting, approval was received authorizing Parsons
Engineering Science Inc., to provide engineering design and permitting services for the Glen
Oaks Stormwater Management project. In addition the Commission directed staff to hold an
additional public meeting at the 30% design phase to address publiC comments on the design.
On March 5, 2003 the 30% meeting was held to get input and receive comments from the
public.
At the May 15, 2003 Commission meeting, staff was directed to modify the design based on the
public input to incorporate a 9:00 pm light curfew, include additional parking and move the
restroom closer to the parking area.
The Project will be cooperatively funded by the Florida Department of Environmental Protection
(FDEP), $1,549,802.73, the Southwest Florida Water Management District (SWFWMD),
$1,549,802.73, and Stormwater Utility Fund, $4,502,614.11 for a
City Council
_~M~. As_enda Cover Memorand~!!I
total of $7,602,219.57.
The Project will commence after award and execution of the contract with duration of 420
calendar days.
Midyear amendments will transfer budget and revenues from Capital Improvement Program
(CIP) projects to fund this contract:
$200,000 of 02 Stormwater Revenue Bond proceeds from 0377-96125, Prospect Lake Park to
0377-96144 Stevenson Creek Implementation
$1,175,435.47 of Stormwater Utility revenue from 0315-96149, Storm System Expansion to
0315-96144, Stevenson Creek Implementation
$607,190.26 of 04 Stormwater Revenue Bond proceeds from 0357-96149, Storm System
Expansion 0357-96144, Stevenson Creek Implementation
$571,537 of Stormwater Utility revenue from 0315-96150, Morningside-Meadows Drainage
Improvements to 0315-96144, Stevenson Creek Implementation
$333,333.32 of 04 Stormwater Revenue Bond proceeds from 0357-96152 Lake Bellevue
Stormwater Improvements to 0357-96144, Stevenson Creek Implementation
An additional midyear amendment will increase the budget only in 0315-96144 by $167,779.39
for Revenue from Other Governmental Units for expected SWFWMD reimbursement. This grant
funding was included in the FY04 amendment to the cooperative funding agreement for a total
of $3,250,560 between SWFWMD and the City, which was approved by Council on 2/19/04.
Also, a midyear amendment will transfer $549,802.73 of budget only for FDEP revenue from CIP
project 0315-96152, Lake Bellevue Stormwater Improvement, to 315-96144, Stevenson Creek
Implementation.
The estimated increase in annual maintenance costs beginning in FY2007 as a result of the
completion of this project are $21,480 from theStormwater Utility Fund, $10,000 from Urban
Forestry and $140,270 from Parks & Recreation for a total of $171,750. This includes the
addition of 2 new full time equivalent maintenance positions in Parks & Recreation.
A copy of the contract is available in the Office of Official Records and Legislative Services for
review.
Originatino: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Financial Information:
Tyoe: Capital Expenditure
Budget Adjustment:
Yes
II
City Council
___~endacoyer Memorandum" ,
Budget Adjustment Comments:
See summary section
Total Cost:
$7,602,219.57
Appropriation Code(s)
0377-96144-563700-539-000
0357-96144-563700-539-000
0315-96144-563700-539-000
Amount
$384,893.00
$1,060,523.58
$6,156,802.99
Comments
Review ADDroval
Michael Quillen
Bill Horne
03-24-2005 10: 14:26
04-01-2005 09:33:57
03-24-2005 14:39: 10
03-31-2005 16:05:52
03-28-2005 13: 14:35
04-01-2005 09:24:05
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
f~.~
~
City Council
_=",.__,~!,_c;!?ver Memora nd u ~",,,,,._~,,.,,,~__.~._,__~.,.~~._,,_,,,,.,"'_,._~,,~,.~,.,,~,.,,
Trackino Number: 1,252
Actual Date: 04/07/2005
Subject / Recommendation:
Appointment of Senior Center Task Force.
Summary:
The following have submitted resumes for consideration:
Agency Representatives
Rachel Bryan - Area Agency on Aging of Pasco-Pinelllas,Inc.
Debra Shade - Neighborly Care Network
David Nisivoccia - Clearwater Housing Authority
William E. Haley - USF School of Aging Studies
Evelyn R. Bethell - Pinellas County Human Services Department
Clearwater Residents
Dolores M. Fry
William B. Connelly
Shirley Hill Moran
Charles H. Gaudreau, Jr.
Walt Schoenig
Lynne E. Robinson
Dr. William E. Hale submitted a resume, however, he is a resident of Dunedin and has not
submitted as an agency representative.
Originating: Equity Services
Section: Other items on City Manager Reports
Cateoory: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Review Approval
Cvndie Goudeau
04-06-2005
14:56:23
1'...::.......
~ Cltarwater
u
MEMO
Equity Services Department
(727) 562-4060
To:
Cyndie Goudeau, City Clerk
From:
Eleanor Breland, Equity Services Director
~ ee .... . ~a.ttl
@ _ .- 41'~'fir~
CC:
Date: April 6, 2005
RE: Senior Center Task Force Resume received 4-6-05
Please find attached the resume of Lynne E. Robinson, a Clearwater resident.
04/01/05 14:33 FAX
AREA AGENCY ON AGING
III 002
\c9.. ~
RACHEL BRYAN
S2S J'f1' AlIenuB North
St. Perersburg, FL 33704
727-522~9022
-OBJ.ECTIVE-
To utilize my management skills and programmatic knowledge In an
administrative position within the Area Agency on Aging.
-EMPLOYMENT-
OCTOBER I, 2000 .. PRESENT
St. Petersburg, Florida
PROGRAM DIRECTOR
Area Agency on Aging of Pasco-Pinel/as, Inc.
Responsibilities include tiirecting and supetVising Program Managers, d.eveloping
monitoring standards and agendas for monitoring visits to provider agencies.
Overseeing duties of Program ManAgement Unit.
PROGRAM Dm~OR
Tampa Bay Regional Planning Coum:il
I 994-SEPTEMJ3ER, 2000
S t. Petersburg; Florida
Initially employed as Medicaid Waiver Specialist. Responsible for coordinating
the activities of the AgedJDisabled and Assisted Living Medicai.d Waiver
programs. Coordinator position expanded duties to include supervision and
oversight of all Medicaid W siver staff. Promotion to Program Directcr involved
expanding responsibilities to supervising Program Managers, developing
monitoring standards for state and federally funded programs as well as general
oversight responsibility of the Program Management Unit
CASE MANAGERlTEAMLEADERIPIlOGRAM MANAGER
Gulf Coast Community Care
R991-1994
Clearwal'E'r, Florida
Employed initially as a case manager, responsible for coordinating services to
disabled adults. Position of Team Leader added the responsibility of s':lpeTVising
case man8gers in four counties and managing routine functions of the program.
in two districts. Program Manager duties included budget prepa:ration and
expenditure tracking as well as employee supervision and program evaluation..
04/01/05 14:33 FAX
AREA AGENCY ON AGING
~003
Rachel Bryan
Page 2
MANAGER/QUALIFIED MENTAL RETARDATION PROFESSIONAL
Stockley Center 1988-1991
Stockley, Delaware
Duties included managing and directing care for severely disabled children and
adults. Also, supervising clinical and direct care staff and overall function of
residential facility. Chairperson of Interdisciplinary Team of clinical
professionals coord.imating services provided by physicians, thernpists and
ancillary staff.
-EDUCATION-
POST B.A. STUDIES
Delaware Technical and Community College
Georgetown Delaware
Course work jn Psychology, Physiology and Anatomy
University of South Florida
Tampa. Florida
Graduate classes in fiscal m~DClgement of Non-profit Agencies, Public
Administration and Grant writing.
BACHELOR OF AR.TS DEGREE
University of Delaware Newark Delaware
Major: Sociology
-SUMMARY OF PROFESSIONAL QUALIFICATIONS-
. Extensive knowledge of federal and state funded programs.
. Able to commutrlcate effectively oxally and in writing.
. Committed to adherence to agency mission statement
. Capable of balancing supervisory and management responsibilities.
. Comprehensive knowledge of case management practices.
. Considerable knowledge of licensing and reguIatoIY requirements for a
variety of di1'eCt service providers.
Debra Shade, C.P.A., CRM, M.B.A.
Debra Shade was appointed as the President/CEO of Neighborly Care Network in January,
2003. Prior to her appointment, she served Neighborly as Interim President/CEO since August,
2002 and Vice President of Administration and Chief Financial Officer since October, 1998.
Ms. Shade's extensive management experience includes serving as Senior Vice President/Chief
Financial Officer for Lakeside Alternatives, Inc., of Orlando, Florida; Chief Financial Officer for
Act Corporation of Daytona Beach, and Treasurer/Controller for Modernage Kitchens, Inc. of
Holly Hill. In addition, she has served as a Consultant for a number of organizations on a part
time basis since 1995.
A graduate of the University of Central Florida, Ms. Shade received her MBA from Rollins
College. She is a member of the American Institute of Certified Public Accountants, the Florida
Institute of Certified Public Accountants, the Florida Council for Community Mental Health, and
the National Society of Fund Raising Executives. She received her CRM (Certified Risk
Manager) certification in 2003.
Since her appointment as President/CEO, she has led the organization in several new
initiatives. A non-profit pharmacy was opened in Palm Harbor in January, 2004, and a second
one in St. Petersburg several months later. Plans are underway now to.open a gift shop in the
Palm Harbor pharmacy building, with the profits to be used for the Meals on Wheels and
pharmacy programs.
U:\SHARED\ADMIN\Personnel\bio data\Debra Shade.doc
,.
DEBRA SHADE, CPA, CRM, M.B.A
PresidenUCEO
Neighborly Care Network
12425-28th Street North, Suite 200
St. Petersburg FL 33716
Demonstrated record in the successful development, leadership, and improvement of:
~ Behavior Health Care Organizations ~ Standard & Poor Financial Ratings
~ Pharmaceutical Organizations ~ Profit & Not-for-Profit Organizations
~ Clinical Laboratories ~ Entitlement Programs
~ Foundations /; Partial Hospitalization Programs
/; Primary Care & Physicians Office /; Transportation & Environmental Services
~ Capital Financing thru Bond Issues /; Insurance / Billing Programs
Financial Management
/; Held full accountability for overall financial management of multi million dollar companies reporting directly to
the PresidenUCEO.
~ Constructed industrial revenue bonds and health facility revenue bonds of $13 million.
~ Established an Annual Gift Giving Campaign or a not-for-profit organization.
~ Managed and oversaw all audits and accounting records for two HUD operations.
~ Created, formulated and implemented a Foundation for a not-for-profit organization.
~ Structured, negotiated and managed complex financing, investment, lending and contractual agreements.
/; Created and implemented a complete transportation system for the Medicaid Mentally ill population.
/; Restructured financial structures for a Standard & Poor rating.
General Management
~ Created and developed organizational models and led matrix management systems transcending all core
business, operating, financial, and human resource functions.
~ Coordinated and directed all construction, capital improvements and renovation initiatives for our buildings from
concept through Certificate of Occupancy (5,000-75,000 sq. ft.)
/; Conducted MIS feasibility studies, prepared RFPs, managed installation of IBM 23/IBM36/Risk 6000 systems,
LAN, WANs, and coordinated all conversions while maintaining data integrity.
~ Developed and established models and infrastructures for the launch of three pharmacies, two laboratories and
a transportation system.
/; Structured, instituted and monitored MedicarelMedicaid Entitlement programs.
Operations Management
/; Oversaw all cross functional operations for wellness, dietary, safety and security programs, housekeeping
operations, facility maintenance, transportation and business office operations.
/; Structured and instituted transportation systems for large multi-site health care facilities.
/; Managed a staff of 17 department managers and 150 staff members.
~ Established a Resource & Development Committee to create a separate foundation titled "Because I Care."
Human Resources
/; Set up corporate-wide incentive compensation programs to improve employee morale and productivity.
~ Coordinated paperwork and applications for immigration to hire aliens.
/; Recruited, selected and appointed Board members for not-for-profit organizations.
Regulatory I Credentialing
/; Positioned start-up and existing facilities for JCAHO compliance.
/; Established and conducted Physician credentialing programs for managed care contractors.
~ Oversaw the Transportation Department and Reporting Compliance with State of Florida and Medicaid.
~ Oversaw Department of Children & Family Services' contracts and administrator monitoring.
~
Industry-wide Leadership
; Served as Chair and member of numerous state-wide committees formed to improve outcome measures,
performance issues, contracting, and select MIS endorsements.
; Conducted numerous state-wide workshops on all phases of health care facility management.
PROFESSIONAL EXPERIENCE
Consultant
Consulting for Financial Solutions, Inc., Sarasota,
Florida
Manatee Glens, Bradenton, Florida
Mental Health Care, Inc., Tampa, Florida
Options Health Care, Tampa, Florida
ACT Corporation, Daytona Beach
Part time since 1995
Senior First, Orlando, Florida
Behavioral Health Services, Arkansas
Bay Medical Center, Panama City, Florida
Ventures, Panama City, Florida
PRESIDENT/CEO
Neighborly Care Network
2002 to Present
CHIEF FINANCIAL OFFICER
Neighborly Senior Services
1997 to 2002
SENIOR VICE PRESIDENT/CHIEF FINANCIAL OFFICER
Lakeside Alternatives, Orlando, Florida
1990 to 1997
CHIEF FINANCIAL OFFICER
Act Corporation, Daytona Beach, Florida
1986 to 1990
TREASURE~CONTROLLER
Modernage Kitchens, Inc., Holly Hill, Florida
1981 to 1986
EDUCATION / PROFESSIONAL DEVELOPMENT
MBA - Rollins College, 1997
BSBA - University of Central Florida, 1977
Hundreds of hours of courses primarily in Health Care including Managed Care, Medicaid Managed Care and Risk
Management
DAVID NISIVOCCIA
1102 Missouri Avenue. #204 Clearwater. Florida
(727) 443-1085
Education:
* Thomas Edison Sate College
BSBA Public Administration
~ualifications:
Clearwater Housing Authority
Deputy Executive Director
~ Analyze, interpret and assist in implementing Federal Regulations
~ Conducts investigations and research, and prepares reports
~ Initiates and completes special programs
~ Serves as conduit for all resident related issues
~ Prepares and handles communication with various governmental and private
organizations
Assists Executive Director in preparing for Commission meetings
Trains and supervises Department Heads
Assists with preparation of fiscal and annual budgets
Clearwater, FJ.
2005 - Present
~
~
~
Morgan City Housing Authority
Executive Director
~ Raised Section 8 Program from troubled to standard performer
~ Raised REAC, PHAS and SEMAP scores
~ Developed, maintained and supervised budgets
~ Authored agency operating policies and procedures
~ Complied, drafted and implemented agency five year plans
~ Acted as primary liaison on federal regulatory issues
Morgan City, La.
2003 - 2005
Planergy Housing International, Inc. Tampa, Fl.
Senior Program Developer 2000 - 2003
~ Developed and implemented competitive marketing strategy to attract new business in
Public Housing market
~ Managed local perfonnance contracting portfolio to ensure client satisfaction
~ Managed implementation of construction contracts and projects
~ Negotiated with vendors to ensure best-cost proposal implementation
~ Acted as primary contact on Federal regulatory matters
~ Represented finn at National Legislative Committee Meetings
~ Advocated Industry positions to national political leadership
The Housing Authority of the City of Tampa
Manager of Planning
~ Developed and implemented Capital Fund Five-Year Plans
~ Stewarded HOPE VI Application Process
~ Developed and implemented Physical Needs Assessment software
~ Compiled and drafted Agency Five-Year Plan Sections
~ Represented Authority as HUn central and regional office liaison
~ Acted as community representative at local, state and national board meetings
Tampa, Fl.
1998 - 2000
DAVID NISIVOCCIA
1102 Missouri Avenue. #204 Clearwater. Florida
(727) 443-1085
Fairfax County Redevelopment and Housing Authority Fairfax, Va.
Senior Development Officer 1990 - 1998
~ Coordinated economic redevelopment and revitalization efforts for two County Districts
~ Supervised and implemented County Blight Ordinance Program
~ Managed implementation of construction projects and contracts
~ Acted as community representative at local, regional and state Transportation Committee
Planning Meetings
~ Acted as HUD liaison in organizational matters
~ Drafted Grant Funding Applications
~ Represented Authority at County Board of Supervisors meetings
Professional Affiliations & Certifications
~ National Association of Housing & Redevelopment Officials
Certified Public Housing Manager 2003
Past National Judiciary Committee Member
~ Association of Energy Engineers
~ Public Housing Association Executive Directors Association
~ Clearwater Boys & Girls Club
Board Member 2005
~ Keep Morgan City Beautiful
Board Member 2004
Feb 27 05 11:10a
4.
William E. Hale~
727-669-9286
p.2
BriefBio
William E. Haley, Ph.D.
William E. Haley, Ph.D~ is Professor and Director of the School of Aging Studies at the
University of South Florida. . He is also Academic Director of the Center for Hospice,
Palliative Care, and End ofUfe Studies at USF, and Chair of the Advisory Council for
the USF Collaborative on Aging. Dr. Haley has over 100 publications in the area of
aging, focused primarily on bow older adults and their families cope with chronic
conditions including cancet', Alzheimer's disease, artInitis, and stroke. He is also
Associate Editor -of the jomnal "Psychology and Aging", and is a member of the editorial
boards of other leading joumals in the field of gerontology.
In addition to his academic efforts, he serves on the Board of Directors for the Upper
Pinellas Association for Retarded Citizens (UP ARC), and the Board of Directors of
Aging Solutions, Inc. - Office of the Public Guardian, in Hillsborough County. He has
also served as a member of the National Advisory Committee for Hospice of the Florida
Sl~t's project, "Transfonning Caregiving at Life's End: The National Training
Program". Dr. Haley is a resident of Clearwater, Florida.
William E. Hale~
727-669-9296
p.3
GI
Feb 27 05 11:10a
.
PrincipallnvestigalDdProgtam Dilector (Last. fiTsI, middle): (Haley, WdIiam E.)
BIOGRAPHICAL SKETCH
Provide the following infonnation for the key personnel In the order listed for Fonn Page 2_
Follow the sample folnl8t on preceding page for each peISCln. DO NOT EXCEED FOUR PAGES.
William E. Haley, Ph.D. Profe3&OdDirector
EDUCATIONfTRAINING (Begin with btJoca18uteeIe or oIher inIisJ pn:l.J J JiMII ~ such as nursing, snd include 11OS/IJocIIJIaI11ainitIg.)
INS1TTUTION AND LOCATION DEGREE YEAR(s) FIElD OF STUDY
(if sppIi """"'J
Southern Illinois University-Carbondale SA 1976 Psychology
University of Massachusetts--Amherst MA 1979 Clinical Psychology
University of Massachusetts-Amherst Ph.D. 1982 Clinical Psychology
University of Washington School of Medicine-Seattle Postdoctoral 1982 Geriatric Psychology
.
...... . --
Positions 8I1d Honors
1982-1983 Acting Assistant Professor, Department of Rehabilitation MecflCine, University of Washington (Seattle) School
of Medicine
Assistant to (1989) Associate Professor, Department of Psychology, University of Alabama
at Binningham
Director, Education.and Information Transfer Core, Alzheimer's Disease Center, University
of Alabama at Binningham. (National Institute on Aging).
Associa1e Director, Alzheimer's Disease Center, University of Alabama at Binningham.
(National Institute on Aging).
Fellow, Gerontological Society of America
Fellow, American Psychological Association
editorial Board, The Gemntoloaist
Editorial Board, Journal fA GelontDIoav: PsvdloIoaical Sciences
Editorial Board, Research on AGina
Editorial Board, PsvchoIoav and Aaina: Associate Editor, 2003-present.
Editorial Board. AGina & Mental Health.
Professor and Chair, Deparbnent of Gerontm:Jgy, University of South Florida
Professor and Director, School of Aging Studies. University of South Florida
Chair. Advisory Council. USF Collaborative on Aging
Academic Director, Center for Hospice, PaUiative Care, and End-of-Ufe S1udies, USF
Member, H.Lee Moffitt Cancer Center and Research Institute, University of South Florida
President Section II (Clinical GeropsychoIogy) d Division 12 (Clinical Psychology), American
Psychological Association
Mentor Award, American Psychological Association Division of Adult Development and
Aging and Retirement Research Foundation
2003-2004 Chair, Behavicnl and Social Sciences Section, GeronfDlogical Society d America
SeIec8I Publication:J (of more than 100)
Haley. W.E.. West. C.A.C., Wadley, V.G., Ford, G.R., White, FA, Barrett, J.J., Harrell, L.E., & Roth, D.L. (1995).
Psychological, social. and health impact d caregiving: A compaI ison of Black and White dementia famIy caregivetS and
noncaregivers. Psychology and Aging, 10, 540-552.
Haley. W. E., Roth. O. L, CoIeton. M. I.. Ford, G. R., West. C. A C., CoUins, R. P., & Isobe. T. L (1996). Appraisal,
coping. and social support as mediators d "!-being In Black and White family angivers of patients with
Alzheimer's disease. Journal of Consulting and Clinical Psychology 64& 121-129.
Han. B., & Haley. W.E. (1999). Family caregiving for patients wiIh stroke: Review and analysis. stroke,3O, 1478-1485.
Weitzner, M., Haley. W.E., & Chen, H. (2000). The family caregiver of the older cancer patient HematoIogylOncology
Clinics of North America, 14, 269 - 281.
~. H.J., Roth, D.L., Goode. K T., Owen, J.E.. Harrel, L, Donovan, K. & Haley, W.E. (2000). Longitudinal course fA
behavioral problems during Alzheimer's disease: linear versus curvilinear paUems of decline. Journal of Gerontology:
Medical Sciences, 55a, m2OO-m206.
Owen, J.E., Goode, K. T., & Haley. W.E. (2001). End of life care and reactions 10 death in African-American and White family
caregivers of IeIatives with Alzheimer's <flSea3e. Omega, 43. 349-361.
Roth. D.l., Haley, W.E., Owen, J.E., Clay, O.J.. & Goode, K T. (2001). Latent growth models of the longitudinal effects of
dementia caregiving: A comparison of African-American and White family caregivers. Psychology and Aging, 16, 427-436.
1983-1995
1991-1995
1993-1995
1993
1994
1990-1999
1991-1999
1993-present
1993-present
1996-present
1995-2003
2003-present
2003-present
2005-present
1996-present
2001
2002
Page 31
a PHS 39812590 (Rev. 05101)
BI0graphlcaI SIr.efch Fonnat Page 0
Feb 27 05 11:10a
- .
~illiam E. Hale~
727-669-9286
p.4
'.
PrincipallllWlStigatorlProgram Director (l..Bst. ~ midtIle): (Haley, WiItiam E.)
Wadley, V.G., & Haley, W.E. (2001). Disease labels and caregiving: Impact of the labels of Alzheimer's disease and major
depression on affect, attributions, and helping intentions. Journal of Gerontology: Psychological Sciences, 568, 244-252.
Haley, W.E., LaMonde, L.A, Han, B., Narramore, S., & Schonwetter, R. (2001). Family caregiving in hospice: Effects on
psychological and health functioning in spousal caregivers for patients with lung cancer or dementia. The Hospice Journal,
15, 1.18.
Jang, Y., Haley, W.E., Small, B.J., & Mortimer, JA (2002). The role of health appraisal, mastery, and social resources in
the associations between functional disabilily and depression in later life. The Gerontologist, 42, 807-a13.
Alen, R., Haley, W. E., Small, B. J., & McMillan, S. C. (2002). Pain ~ by older hospice cancer patients and family
caregivers: The role of cognitive ftmctioning. The Gerontologist, 42, 507-514.
Haley, W.E., Allen, R., Reynolds, S., Chen, H., Burton, A, & GaUagher-Thompson, D. (2002). Family issues in end-of-life
decision making and end-of..fife care. American Behaviotal Scientist, 46, 284-297.
Bartels, S. J., Haley, W. E., & Dumas, A R. (2002). Implemelditlg evidence-based practices in geriatric mental health.
Generations, 26, 9()..98.
Haley, W. E. (2002). Institutional Review Board approval and beyond: Proactive steps 10 Improve ethics and quality in end of
life research. The Gerontologist, 42, [Special Issue IIIJ, 109-113.
Haley, W.E., McMillan, S. C., & Schonwetter, R. S. (2002). Nufses' and social workers' experience with patients who
requested assistance with suicide. New England JoumaJ of Medicine, 347, 2082.
Haley, W.E., LaMonde, LA, Han, B., Burton, AM., & Schonwetter, R (2003). Predictors of depression and life satisfaction
among spousal caregivers in hospice: Application of a stress process model. Journal of PaHiative Medicine, 6, 215-224.
Chen, H., Haley, W.E., Robinson, B., & Schonwetter, R.S. (2003). Decisions for hospice care in patients with advanced
cancer. Journal of the American Geriattk:s Society, 51,789-797.
Rabb, C., Haley, W.E., Becker, MA, Polivka, LA, & Chwa, H. (2003). Attitudes toward mental health care in younger and
older adults. Aging & Mental Health, 7, 142-152.
Schonwetter, RS., Han, B., Small, B.J., Martin, B., Tope, K. & Haley, W.E. (2003). Predictors of six-month survival in
patients with dementia: An evaluation of hospice Medicare guidelines. American Journal of Hospice and Palliative Care, 2,
10>113.
Burgio, L., Stevens, AB., Guy, D., Roth, D.L, & Haley. W.E. (2003). Impact of twointervenlionsonWhite and African-
American family caregivers of individuals with dementia. The Geronrologist, 43, 568-579.
Jang, Y., Graves, A B., Haley, W. E., SmaI, B. J., & Mortimer, J. A (2003). Determinants of a sense of mastery in African
American and White older adults. Joum8J of Gerontology: Social Sciences, 58B, S221-5224.
Haley, W.E., Larson, D., KasI-GodIey, J., NeImeyer, R, & KWilosz, D. (2003). Roles for psychologists In end-of~ife care:
Emerging models of practice. Professional Psychology: Research and Practice, 34, 626-033.
Gallagher-Thompson, D., Haley, W.E., Guy, D., Rupert, M., Argueelas, T., Tennsledt, S., & Ory, M. (2003). Tailoring' .
psychological interventions for ethnicaly diverse dementia caregivers. Clinical Psychology: Science and Practice, 10, 423-
438.
Haley, W. E. (2003). The costs of family careglving: Implications for geriaIric oncology. Critical ReMews in
HematoIogylOncology,48,151-158.
Schulz, R, Mendelsohn, A B., Haley, W. E., Mahoney, D., Allen, R. S., Zhang, S., Thompson, l., & Sehe, S. H. (2003). End
of life care and the effecIs of bereavement among family caregNets of persons wiIh dementia. New England Journal of
Medicine.349,1936-1942.
Mittelman, M. S., Roth, D. L., Haley, W. E., & Zarit, S. (2004). Effects of a caregiver intervention on negative caregiver
appraisals of behavior problems in patients with Alzheimer's disease: Results of a randomized llial. Journal of Gerontology:
Psychological Sciences, 598, p27-p34.
MitIeIman, M., Roth, D., Coon, D., & Haley, W. E. (2004). SUSIained benefit of supportive intervention for depressive
&ymptDms In Alzheimer's caregivers. American Jouma/ of Psychiatry, 161, 850-856.
Stevens, A, Owen, J" Roth, D., Clay, 0., Bar1DIucci, A., & Haley, W.E. (2004). Predictors of nursing home placement in
White and African Amet ican individuals with demeJ dia. Jouma/ d Aging and Health, 16, 37>397.
Jang, Y., Clay, O. J., Roth, D. L, Haley, W. E., & Mittelman, M. S. (2004). Neuroticism and longitudinal change in caregiver
depression: Impact of a spouse-caregiver intervention plogr_ll. The Gerontologist, 44, 311-317.
Haley, W.E., Gitlin., LN., Wiszniewski, S., Mahoney, D.F., Coon, D.W., WinIer, L, Corcoran, M., Schinfeld, S., & Ory, M.
(2004). WelI--being, appraisal, and coping in African~ican and Caucasian dementia caregivers: Findings from the
REACH study. Aging & Mental Health, 8, 316-329.
Coon, D. W., Rubert, M., Solano, N., Mausbach, B., Kraemer, H., Arguelles, T., Haley, W. E., Thompson, L. W., & GaUagher-
Thompson, D. (2004). Well-being, appraisal, and coping in latina and Caucasian female dementia caregivers: Findings
from the REACH study. Aging & Mental HeaIIh, 8, 33Q.34S.
Kwak, J., & Haley, W. E. (in press). Current research findings on efld.d.ife decision making among racially/ethnically
diverse groups. The Gerontologist.
D PHS 3981.2590 (Rev. 0SI01)
Page 32
Biographical Skeb:h Fonnat Page C
-"
PERSONAL:
EDUCATION:
CAREER SUMMARY:
RESUME
EVELYN R. BETHELL
14320 APACHE A VENUE
LARGO, FL 33774
(813) 595-5442 (home)
(813) 464-8444 (work)
Married, one daughter
University of South Florida
Tampa,FL
1964-1968, B.A. Sociology
Clearwater High School
Clearwater, FL
1962-64
1988 to Present - Pinellas County Human Services Department
1988 to 1990 - Assistant Director
1990 to Present - Director
Director of a $51,000,000 department that provides services to needy
Pinellas County residents and administers community funding
contracts. Services include medical, dental, financial assistance,
veteran's services, job training, case management, indigent burial,
energy assistance to the elderly and a summer lunch program for
children. Service contracts include funding to mental health providers,
homeless agencies and community social service organizations.
1968 to 1988 - Florida State Health and Rehabilitative Services
1968 -
1970 to 1972 -
1973 to 1976 -
1976 to 1979 -
1979 to 1985 -
1985 to 1988 -
Social Worker
Social Worker
Social Worker
Social Worker Supervisor
Economic Services Program Analyst
Economic Services Program Supervisor
Social work experience in AFDC, Aging, and Employment Programs.
Supervised an AFDC unit, was a Program Analyst for AFDC and
Employment Programs, and a Program Supervisor for AFDC and
Medically Needy.
..
RESUME
EVELYN R. BETHELL
14320 APACHE A VENUE
LARGO, FL 33774
(813) 595-5442 (home)
(813) 464-8444 (work)
Page 2
In addition to her vast experience in social services, Evelyn is involved in a variety of
professional and health associations where she has served in several leadership positions. To
name a few:
She vreviouslv served as:
- President of the Florida Association of County Social Services Executives
- Chair of the SP JC Human Services Advisory Committee
- Was a member of NACo 's Human Services Steering Committee
- Member of the Florida State Medicaid Task Force
She iscurrentlv:
- Chair of the Partners in Self-Sufficiency Management Advisory Committee
- Member of Partners in Self Sufficiency Board of Directors
- President of the Human Services Coalition
- Member of Partnership for a Healthier Pinellas Board of Directors
She is also the recipient of the Department of Health and Rehabilitative Services' Distinguished
Special Achievement Award and the Florida Association of County Social Service Executive William
R. Sutton Memorial Special Service Award.
28 March 2005
Re: Senior City Facility & Related Programs
~ Ih~C~~
CITY COUNCIL
MAR 3 0 2005
PRESS
CLERK/ATTORNEY'
-~
?Eleanor Breland, Equity Services Director
~CnyofCreanNarer
PO Box 4748
Clewnwater,FI.33758
Dear Eleanor,
I am interested in becoming a member of the Senior Center Blue Ribbon Task Force.
Attached is my resume which shows that I have considerable experience in working with
seniors and related programs.
Also attached is a copy (portion) of the 2005 Area Agency on Aging Luncheon Meeting
Program. On that occasion I received a Life Time Achievement Award for my work of23
years involving seniors.
I recently sold my last business, Ultimate Medical Academy, and will have time to
contnbute to your endeavor.
I am still a member of Area Agency on Aging. You may check my references by calling
Sally Gronda, Administrative Director or Helen King.
Area Alency on Aging
9887 4 St. North, STE 100
S1. Petersburg, FI. 33702
Phone 570-9696
Thank you very much for consideration.
Dolores M. Fry
Unit 1203
240 Wmdward Passage
ClearwaterFI. 33767
Phone 461-3729
cc: C~h~~
~~~~IY~@
r-"~ "r
k", 30 MJ D
CITY OF CLEARWATER
EQUITY SERVICES
.-
Dolores M. Fry
240 Windward Passage, #1203. Clearwater, FL 33767
Work: (727) 298-8685
e8RJ:l=SSlQNAL GOAL
Utilize leadership ability in the care of the elderly and in the human services field. Is sensitive to their
needs and communicates well with people at all levels. Possesses good organizational and
administrative skills and is able to work independenUy and efficiently.
y'wmate Medical Academy 19~ - DI'8S8IIt - President/Owner
The Ultimate Medical Academy offers courses in Phlebotomy, Basic X-Ray Technician, Medical
Assistant, Medical/Clinical Lab Assistant. and Massage Therapy.
U.I.limate Home Care & Services. Inc. 1"2 - 2002 - President/Owner
A health care company offering full case management including: private duty home care, RN's, LPN's.
Home Health Aides, home and hospital care. etc.
PI!lI-A- kat 1990 -1999 - President/Owner
Delivery of well balanced, easy to prepare meals to the home,
.wamele {'t1anor ALF 1995 -1997 - President/Owner
An Adult living Facility providing long-term and respite care.
POll-A... Graodoarent 19'2 -198.1 - President/Owner
- Employment agency for senior citizens.
Pol B..JIenaaement .1979 -1982 - President/Owner
Management of rented condominiums. After the sub-division was completed the units were sold.
Central,{)uoaae HosofgJ 197~1919 - Accounting Manager
Handled aU patient financial aocounts.
rlhlle-Motor ComoratJon 197~ - 1975 - Accounting Manager
Handled all financial accounts.
~UCATIO~
Associates Degree, Accounting Major - Elmhurst CoIege, Elmhurst, Urmois
~$lSOCIAL ACTJVln~
St. Petersburg Junior College
Health Education Center Advisory Committee. Chairman 1995
Alzheimer's Board 1993 - 1995
Area on Aging 1989 - present
Better Living for Seniors 1990 - present
Founder, Chairman - Private Sector
. .
Committee for Good Government
Representative State Representative, Patricia A. Muscarella
Committee Member
Hospice
Women's Medical Center
Membership
COECHA
SACCA
Republican Ivory Club
Clearwater Club
Tampa Bay Club
Partners in Self-Sufficiency Board
Guardian Certification Committee 1989
~ll
~'~~~J '
_...\ >.''"' ...
1." I'~
WdCOIre & Roccwntion cfDignitari~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Martha I.encbnm
Imrediale Past :Fnsidmt, AMPP Boord ofDirectrrs
Invocuion. . . . , . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . Bill Justice
Reccwnticn of SpcrunlS . . .. . .. .. . .. . . . .. . .. .. . .. . .. .. .. . .. . .. . Vice-Miya Ted Phillip>
Treasurer, AMPP Boord ofDirectrrs
Lm.::hx>n
Greeting-; fran the aty ofll1n.:rlin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mi}Ur JdmDoglicne
aty cfDuredn
Introchx:ticncfSpeaka.. ...... .. ..... . ... .. .,. .. ... .. ..... '" .... MarthaI.endennan
Imn:diatt: Past ~idmt, AMPP Boord ofDiro::trrs
Keyr10te Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..' . . . . . . Jose:fina G <Jrrborx:ll
Assistant Sa:retary fOr Aging, U.S. lXpartnrnt cfHealth & Hunan Services
Installation cfBoard cfDirectrrs and ClIicas ani Rerogniticn
cf Advisory Courril Mmrers ....... . . . . . . The Hmcrable Grcuit Judge Jdm C Lend:mm
Sixth Ju:l.icial Grwit
Lire Tim: Achievem:nt Awards.. . . . .. .. . .. . .. .. . . . .. . .. . .. .. . .. .. . .. . Omlie ROOimcn
In.xming President, AMPP Boord ofDiroctt:rs
Recagniticn of Outgoing :Fnsident and ~tion
ofChtgoing BoordMmrers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ml}Ur Pro TemBill Ib1rDs
Secretuy, AMPP Boord ofDiroctcrs
A Spocial Thank You
A Triwte to SHINE Vdunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sally D. Grmda
AMPP Exemtive Directcr
005ing .Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omlie ROOiIEm
m:~ ~idalt, AMPP BoordofDirectrrs
,
'.
....
'!
. .
Dolores "Dee" Fry
Dolores
Pry,
a:Dee"
10 her ~ bas
been involwd in
the aging netwOrk
fix the past 23 years
and attributes her
involvancnt to her great
kM:forhcr~
In 198~ she started a
(......- in PindIas County caJIcd
-oial-A-Grandparent," an empJoymcnt
service for retiIecs- She was inspimlto start
such a sen:ia: by DOIiDg tbaEsc:asooalhold guests nr.eded
reliable and trU:4wudhy babysittcrs. .
Dee saw anodvT bmftlV'lltlt being born, "lJ11im2tP-
HomeQu:e'l, a buV~ tbatprovidedhomc C31eworb::rs
to a varietyof~- kwas attbis point that Dee first
came into contact wia:b. the Ami Agency on Aging. Dee
was involvcdin the eadydays ofBettcr Livillg for Seniors
(BLS), an initiative that ~ the private secIOr
involvement in the care of seoiors. Dee began dtvr.aria,g
home care services to needy scniols receiving are from
AAA service p.rovidas. Her phiIanthrop.ica dIOns not
onlybelxfited thc~ bw:aJsoc.:osun:da pu.V:tivename
fordle private secIDr in theeycsoftbenon-profits.
Dee was the Ii'-vID1g fIV"nIhrr aodacdOr' of the
Private ScctDr Cnnnn~ in BLS. She received the
"Member oftbe Year" awam fiom BLS and br-~ the
President ofBLS in the Jab: 90's. Dee went on to aem:
"Dial-A--Mear' providing frozen tm'aJs:. and a small
assistrd Jiving facility known as "U)ritn2te.Manor"'. In
1994, she fouodal CU1timab: Medical Academy>> to
provide the NlII'llYll'lniry with wdl-trainal hcaltbcare
worms and joined fun:cs with the Area Agency through
its )TEA. Uob 'Dainiog P.utDaship Act) program fur
5ClIior~
Throughout the yeus, Dee has donated mo~
time, and other R:SOUlCa to further the mission of
~ scoion in the COIDl1lUDit}t At age 71, she bas
:uently sold her last businc:ss, but says she's "not
>tOpping". She waDIS to teaeh sc:ositivity to agiog to me
lOUlh in the communiqt Dee is married to Bob for' 30
1ears and between them, they have 5 children and 12
~
WILLIAM B. CONNELLY
3012 Lake Vista Drive
Clearwater, Florida 33759
(727) 725 - 8721
(727) 725 - 9381 (FAX)
~ ~i,'~ '~9 '20:5 ~ @
CITY OF CLEARWATER
EQUITY SERVICES
March 25, 2005
Ms. Eleanor Breland
Equity Services Director
City of Clearwater
PO Box 4748
Clearwater, Florida 33758
-Dear Ms. Breland,
In accordance with an article appearing in the Clearwater Gazette on
Friday, March 25,2005, I am volunteering my services to be a part
of the Blue Ribbon Task Force to make recommendations to the
Clearwater City Council regarding the development of a Senior
Center facility and related programs.
Attached you will find a brief resume covering my business, personal
and volunteer careers.
If you require any additional information, please feel free to call me
at the above number at any time.
Thank you for your time and effort on behalf our the Senior Citizens in
the City of Clearwater.
to
EMPLOYER
SUMMARY:
EMPLOYER
SUMMARY:
EMPLOYER
SUMMARY:
VOLUNTEER
SUMMARY:
VOLUNTEER
SUMMARY:
VOLUNTEER
SUMMARY:
William B. Connelly
3012 Lake Vista Drive
Clearwater, Florida 33759
(727) 725 - 8721 II (727) 725 - 9381 (FAX)
J P MORGAN & CO, INC, NEW YORK, NY
JUNE, 1961- JUNE, 1995 (Retired)
-Thirty-three years of banking experience in Corporate Trust, Money Transfer
and Collection Departments, retired as an Operations Vice President
-Nineteen years of managerial experience, ten years as an officer of the firm
~Manager of MIS/Compliance Unit with 1 junior officer and 3 senior staff
-Department Budget Coordinator with annual expenses in excess of $8.1 million
-Project Team experience - System Implementation Team, Migration Team
-PC skills include WordPerfect, LOTUS, Windows, Microsoft Office
HAND R BLOCK INC, JERSEY CITY, NJ
JANUARY, 1972 - JANUARY, 2001 (Retired)
-Thirty years of experience in Individual, Business Entity and Corporate
Federal and State Income Tax Returns
-Twenty-five years experience as an Instructor for various levels of Tax
Training Courses and Seminars
-Member of the H & R Block National Tax Training Editorial Staff
-Jersey City District Technical Support Specialist, Computer Network Tech
-Quality Assurance Team, Senior District Advisory Staff, Business Specialist
PREFERRED ACCOUNT SERVICES
JANUARY, 1972 - PRESENT
-Own and operate an Accounting Services and Tax Consultation business
-Dealing with small business entities and individuals
-Providing financial advisory services, individual reports and tax returns
HUDSON LIBERTY COUNCIL, BOY SCOUTS OF AMER.
JUNE, 1961 - FEBRUARY, 1998
-Volunteer Leader, Associate Advisor, Advisor, Conunitteeman, Unit Chairman
Assistant Scoutmaster, Scoutmaster, District Conunittee Member, District
Committee Chairman, Council Executive Board, Council Executive Committee,
Council Treasurer
-Camp Director, Rock HiII Scout Reservation, Milford Pa. (1996 & 1997)
LIBERTY SCIENCE CENTER, JERSEY CITY, NJ
FEBRUARY, 1998 - JANUARY, 2001
-Business and Industry Exhibit Specialist, Welcome Team Specialist
-Camp-In Specialist, Special Event Team
CALL FOR ACTION, WFTS CHANNEL 28, TAMPA, FL
AUGUST, 2003 - PRESENT
-Consumer Help Team, Hurricane Charley Info Center
CLEARWATER CITIZENS ACADEMY, CLASS OF 2004
DATE OF BIRTH: 5/13/44
RESUME SUMMARY
SHIRLEY HILL MORAN
1301 GULF BOULEVARD #207
CLEAJtVVATER,FL 33767
(727)596-2225
RESIDENT OF CLEARVV ATER FOR 34 YEARS
EDUCATION -- AA SPJC
BA USF
BA ECKERD COLLEGE
FOCUS OF STUDY SOCIOLOGY
" " " GERONTOLOGY
" " " MARKETING
ADMINISTRA nON
ATTENDED - UNIVERSITY OF MICHIGAN -- INSTITUTE OF GERONTOLOGY
ATTENDED - NORTH TEXAS STATE -- INSTITUTE OF GERONTOLOGY
BUSINESS RELATED EXPERIENCE:
NEIGHBORLY SENIOR SERVICES
1973 - 1982 9 YEARS
CONGREGATE DINING PROGRAM
FOUNDER & DIRECTOR - PALM HARBOR SENIOR CENTER
RADIO STATION VVTAN
1982 -1983 -1 YEAR
HOST RADIO TALK. SHOVV, "ASK SHIRLEY
DESIGNED TOPROVIDE INFORMATION TO SENIORS.
OWNER - ALF CONSULTING SERVICE, "ASK SHIRLEY"
1984 -2005 21 YEARS
OUTSIDE MARKETING - VILLAGE AT MANOR PARK., DUNEDJ;N
1987 - 1989 2 YEARS
DIRECTOR OF MARKETING - ULTIMATE HOME CARE, INC.
1989-19901 YEAR
ASSOCIATE OF MARKETING CONCEPTS
1994-19951 YEAR
SENIOR CITIZENS SERVICE
2004 - 2005 CONSULTANT
, ".
-2-
VOLUNTEER WORK:
1997 _ APRIL 2000 - ST. VINCENT DE PAUL SOUP KITCHEN
PRESENT MEMBERSHIPS:
ST. BRENDAN'S CATHOLIC CHURCH - ISLAND ESTATES
PAST BOARD MEMBERSHIPS:
RETlRED SENIOR VOLUNTEER PROGRAM.
coMMUNITY SERVICE FOUNDATION - TRUSTEE.
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.
NEIGHBORHOOD HOUSING SERVICES.
CITY OF CLEARWATER, coMMUNITY RELATIONS ADVISORY BOARD.
NEIGHBORHOOD & AFFORDABLE HOUSING BOARD.
SHARE - A - HOME - - CLEARWATER
CITY OF CLEARW ATER-COMMUNITY DEVELOPMENT BOARD-6 YEARS
Charles H. Gaudreau, Jr.
1319 Buckingham Dr.
Clearwater, Florida 33756
727-581-4589
~ ~;A~ ,~~ 20~5 ~ @
CITY OF CLEARWATER
EQUITY SERVICES
March 26,2005
To: Eleanor Breland
Equity Services Director
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
From: Charles Gaudreau
Subject: Senior Center Blue Ribbon Task Force
The Clearwater Gazette let me know you are looking for volunteers. I have
spent the past 25 years serving the Senior population. I believe I can be of assistance in
the review and recommendation process outlined in the newspaper article. Please accept
my offer to participate.
I look to learn more as we begin your program.
c:J1~~~~
Charles Gaudreau
Charles H. Gaudreau, Jr,
1319 Buckingham Drive
Clearwater, FL 33756
(727) 581-4589
EAUfoWld@aol.com
OBJECTIVE:
To serve in a Senior Management capacity that would utilize my proven skills in business
development, operations management, and staff development to contribute to company growth.
QUALIFICATIONS:
. Manage account receivables from intake, verification, coding, claims, adjudication, and
review/judicial hearings. Developed a robust claims denial program to recover NR's.
· Administrative skills to develop and empower associates at all levels; clinical, sales, business
office and distributions/service.
· Listened, then created marketing, advertising, and sales programs and got the business.
· Contract negotiation with third party payers and referral sources.
· Develop purchasing contracts, inventory control and services distribution.
SELECTED PROFESSIONAL ACHIEVEMENTS:
BUSINESS DEVELOPMENT
· Anticipated and developed action plan for government and non-government competitive
bidding contracts, doubling book of business.
· Sustained positive rapport with key business contracts. Secured annual renewal of contracts
capturing pulI-tbro book of business > $50,000 per month.
· Growth from concept to profit contributing division for four companies.
MANAGEMENT
· Coached multidisciplinary staff to achieve accreditation/commendation.
· Interview/selected/trained staff for multi-site business operations.
· Addressed accounts receivable problem; realigned business office staff skills, implemented
new procedures, and brought account receivables of $600,000 over 90 days to zero in six
months.
· Championed an under performing branch location, lacking direction to become corporate
bright spot Developed strategic plan, implemented a winning team culture and established a
successful branch location.
MARKETING
· Developed niche markets, established sales collatera1s, and moved from rotation status to
single source preferred provider status.
· Eliminated company mind set of "we only," to a mind set of "Yes, we can".
· Led companies from single to a diversified, complimentary product mix.
· Responding to customer needs, championed expansion of company service area, and entered
new markets with instant utilization, establishing a regional presence.
EDUCATION:
MASTER OF SCIENCE - Health Services Administration
College of St. Frances, Joliet, Illinois, (1997)
BACHELOR OF BUSINESS ADMlNISTRA TION - Management & Marketing,
Loyola University, New Orleans, Louisiana, (1976)
EXPERIENCE:
2001 - 2004 HABANA HOSPITAL PHARMACY, INC., Tampa, FL
Director - Respiratory/HME
Start up division respiratory/home medical equipment from sole
proprietorship community pharmacy to a 24-hour regional service provider.
Directed staff of 4.
- Immediately sought strategic payer and referral sources
- Developed key policies/procedures; achieved first-ever division accreditation
accreditation by Joint Commission on Accreditation of Healthcare Organizations
- Spearheaded core transition through two computer software changes
_ Profitably managed account receivables; recouped monies on 9()Ofc. denied claims
- Annual billing increased from zero in forty months to over $1,000,000
- Established critical purchasing contracts
- Created targeted marketing and sales programs
2000 - current UNIVERSITY OF ST. FRANCIS, Joliet, IL
Adjunctive Faculty; Health Services Administration
1993 - 2000 AMERICAN HOMEPATIENT, Brentwood, TN
General Manager, Tampa BayfW"mter Haven
Took management of failing branch location subject to company closing;
exceeded expectations. Directed staff of 12.
- Facilitated communication; transitioned branch to corporate software
- Received branch location's first accreditation with commendation from JCAHO
- Increased access in limited service area; established new branch location
- Initiated change from fee for service to embrace key managed care contracts
- Lucratively negotiated major Preferred Provider networks
- Successfully contracted with the nations first Medicare competitive bid
- Co-managed account receivables with regional billing office
1988 - 1993 DOCTORS CHOICE, Largo, FL
General Manager
Led sole proprietorship with single product line to a regional full service
respiratory and durable medical equipment provider. Directed staff of 30.
- Grew annual billing to $5 million dollars
- Negotiated critical capitation and fee for service contracts
- Championed transition from manual billing to automation.
- Established vital accounts receivables procedures
- Developed growth oriented marketing and sales programs
1987 - 1988 CORONADO PHARMACY AND HOME REALm CARE Tucson, AZ
Established division start up for Rural Metro Inc. from prescription only
community pharmacy to include oxygen and durable medical equipment.
Supervised staff of 12.
- Identified and established strategic sister location in Yuma, Arizona
- Refined policies and procedures applicable to the new line of business
- Created, implemented, and directed marketing and sales programs
- Established purchasing contracts/terms
- Strategically aligned account receivable procedures to reflect service mix
1979 - 1987 AMERICAN PATIENT AIDS, New Orleans, LA
Managing Director
Conceptualized/directed new division of American Rent All, Inc. from
concept to reality a free standing facility with product mix focused on
oxygen and rehabilitation medical equipment.
- Negotiated tactical purchasing contracts! terms
- Authored numerous policies and procedures
- Instituted accounts receivable directives
- Secured first-ever, multi-year Veteran's Administration contract
- Supervised 14 state-wide general rental store branch managers
- Directed supervision of 6 dedicated on-site division staff
1976 - 1979 WOODLAWN MEMORIAL GARDENS, Norfolk, VA
Corporate Comptroller
- Directed operations from seven locations .
- Supervised finance company; MOL Associates
- Developed Public Relations Programs
ASSOCIATIONS:
2004 Pinellas County Citizens University
2004 - current American Association for Continuity of Care, President (Member 1999)
2004 - current Bay Area Continuity of Care, President (Member 1998)
2004 - current Joint Commission on Accreditation of Health Care Organi7.ations
Member, Home Care Professionallfechnical Advisory Committee
2003 - 2004 Suncoast HealthCare Executives, President (Member 1998)
2003 - current St Petersburg College; Member, Nursing Advisory Board
2002 - current City of Largo; Member, Code Enforcement Board
2002 - current Largo/Mid-Pinellas Chamber of Commerce; Member, Government Relations Committee
2001 City of Largo; Citizen's Academy (Inaugural Class)
2000 - cmrent Area Agency on Aging - Better Living for Seniors Consortium; Speakers Bmeau,
Patient Advocacy/Networldng Committee (02-03), established Dln'Sing scholarship
1999 - 2001 State of Florida - Department of Elder Affairs; SHINE Volunteer
1995 - 2003 Pinellas Technical Education Centers; Respiratory Care Technician Advisory Committee
1993 - current Florida Association of Medical Equipment Suppliers (past Director 94-98, Past
Grass Roots Legislative Chair 95-98, Past Treasurer Executive Board 96-98)
~
ipl). to ID o-lIIIiIlIICIIIF . 1'ueIday, MmdJ IS, 100S 3:47:& PM . Pap Iofl
fllrv Networks
mail
~~~~IW~@
, "'J"C-
:.. 7 luUl D
Reply to an e-mail message
CITY OF CLEARWATER
EQUITY SERVICES
.................................................................................................
From: waltsC@webtv.net.
(Walt & Georgia Schoenig)
.................................................................................................
To: Kathy.Baird@myClearwater.com
.................................................................................................
Cc:
...................~.............................................................................
Subject: Senior Center Task Force
Enclosed is a resume and a listing of my current activities.
I am 81 years old and represent the elderly on the Florida Commission for the
Transportation Disadvantaged. I helped to encourage the City of Clearwater to
become an Elder Ready City and to establish a taSk force. This ultimately
became the COMMUNITIES FOR A LIFETIME working group. Our report
was accepted by the City Commission in June of 2003.
As a former business ,n,nager, I have experience in site planning, budgeting,
tranSpOrtation, etc.
Please consider me for a senior position
00 ~ 1aSI< ~', ~,woukI include Kevin Dunbu and MaI&e WaJboIt.
/JJ(& 1i4tIE/J1'o/
Walt Schoenig ~
2428 Fairbanks Dr. Clearwa1er, Fl. 22764 2812 727 S36 3477
TURN PASSION 1N1V PERSUASION
. Remove signature
. Attach original message
~
--...-.. I
WALTERF.SCHOENIG
CURRENT ACTIVITIES
FLORIDA COMMISSION FOR THE TRANSPORTATION DISA V ANTAGED
Commissioner, Chairman Ombudsman Committee, and Oversight Comm.
FAMILY NETWORK ON DISAB~ITIES OF FLORIDA
Secretary, Executive Committee, Nominating Committee, Budget and
Finance Committee, Legislative! Administrative Comm.
ADVOCARE TRUST INC.
Secretary, Executive Committee, Chairman of the Beneficiary, Audit, Board
Resources and By-laws Committees
STATE ADVISORY COMMITTEE FOR THE EDUCATION OF
EXCEPTIONAL STUDENTS
Member and Transition Committee
UPP~ PINELLAS ASSOCIATION FOR RETARDED CITIZENS
Honorary Board Member, By-laws, and Advocacy Committees
KIWANIS CLUB OF GREATER CLEARWATER
Board member and Chairman Y oong Children Priority #1
GOODWllL and HEAD START - Reader
TRINITY PRESBYTERIAN CHURCH
Sunday School Class President
P.B. STEVENS EXCbPnONAL CENTER
School Advisory Committee - community member
U.F. TRANSmONCENTER
Advisory Task Force
3-14-2005
-, .
2428 FaiJtJaDks Dr
Clearwata', Fl. 33764 2812
727 536 34n
QUALIFICATIONS I BACKGROtJND
As A Volunteer
Walter F.Sdloenig
(Pronounced Shown-ig)
Walt
CURRENTLY
Florida. CommilllCinn for the Transportation I>isadvaJda8ed - Commissioner
Family NelwOIk of Florida - Secn:tary
State Advisory (;ommittee for the Education of Exceptional StudenIs . Member
Advocare Trust IDe. - SecnU1y
Upper PiDeUas Association for RdanIed Citizens (UPARC) . HoooraIy Board Member
Kiwanis Club ofOceater CleaIwater - Board and Senior Member
Trinity PIesbyterian Cluuch - Sunday School Presideot
P.B. SteYell'sE~onal Cemer - Scbool AdvisOJ:y Comm~ Member
U. .F.. Transition Center - Advisory Q)pImittee
Tbc.Retired Officers Association - MCJDber
Florida Council on Asing- Member
American Associatinn for Retired Persons . Member
Florida and the US ARC - Manber
AssociaUo1l for Pcnons in S'uJlPOfb=d Employmeot - MeJober
Wood County No. 112, F; It AM - S3year Member
American Legion - Member
RSVP - Member
~ and 000dwiB. Reader
PAST
The Long.Center andFouodaUon - Treasurer
Florida Devdopmental DiSabilitie$ Council- Chairman of Cookb..:'teelJ
Family Network on.Disabi1ities of Florida.- Treasurer
Parent EducatinnNetwork - President ..
Aging.and Developmental DisabiJities.~ Effort - Member
PiDeUas - PasQoHousiDg CoaJitinQ- Qairman
Coalition for the Ecl1Uinn Of~l ~ - Member
ArcI Ohio-Pn:sident
ArcIF10rida - Praideot
CAR (Cuyahoga County ( CleveIaud) - PIaideDt
AIel MoDtgomety - ViCe President
Arc of the US. - Board Member
ObioDevdopmental Disabilities Inc. (ODD) . Pn:sideot
South Atlantic RcgioDal Resowce Center - Advisory Member
MRSDistri<:t SAdvisoryCouocil- Member
Various other Bo8Ids and Memberships
RETIRED
The Standard Oil Co.ofOhio - Now BP Amoco
U. S. Naval Raene
.... Available.. ReqII-
3/14/2005 B Mail: Waltrc@weblv.Dd
Apr 06 05 11:02a
E J Robinson
7274419973
p.2
2051 Brendla Road (727) 446-4286 H
Clearwater, FL33755 (727) 441-9973 F
Lynne E. Robinson
Experience
1974-2002 State of RI Department of labor & Training Cranston, RI
Sr. Community DeveI........1It & T......,. SpedaIst
· Contract Specialist IJTPA Funds
. Marketing Committee LiaisonlBoard of Direcl.ors
Education
1968-1972 Bryant University Smithfield, RI
· as, Business Administration
Volunteer
Experience
Board of Trustees
· Providence Preservation Societyl Chairperson Festival of Historic Houses
1994
· PPS Revolving Fund
· Women's Center of RI
· Traveler's Aid of RI
Acllnowl............. . NSFRE RI Chapter Partner in PtIianthropy Award 1996
· Volunteer Award RI Lung Association 2001
AssociatioM
Leadership RI
National Coafdion of 100 Black Women-Tampa Bay Chapter
VVfLLIAM E. HALE, M.D.
2307 Jones Court
Dunedin. Florida 34698
Equity Services Department
City of Clearwater
Attention: Ms. Eleanor Breland
P.O. Box 4748
Clearwater, FI. 33758
Dear Ms. Breland,
~~~~I~~@
apn L. 'l('.".r 0
'J ....... T iliU,)
Phone: (727) 733-3048
Fax: (727) 736-3668
email: wmehale@pol.net
CITY OF CLEARWATER
EaUITY SERVICES
You will find enclosed a copy of a summary of my resume that is being submitted
to support my considefcltion to become a member of the task force that is being
developed to address the development of a senior center for the City of Clearwater.
If any other information is required, please let me know.
W1th).ppreciation and best wishes,
,.' I I
U~et~ 51/,!.4 /#~'
William E. Hale, M.D.
.,
William E. Hale, M.D.
A native of West Virginia, Dr. Hale graduated from West Virginia University, married his
wife, Jeanette, Ballengee, and entered the College of Pharmacy at the University of
Florida where he was inducted into Rho Chi, a national pharmacy honor society and
Phi Kappa Phi, national scholastic honor society. He graduated with high honors.
After a brief period as a pharmacist, he became a research assistant at the Medical
College of Virginia where he later entered medical school. While a student, he was
president of the student body and inducted into the national leadership honor society,
Alpha Sigma Chi. After receiving his medical degree he interned at Philadelphia
General Hospital and completed his medical residency at the same institution.
In 1962 he and his family moved to Dunedin where he joined the multi specialty
Mease Clinic. Following ten years of private practice, he had a heart attack at the age
of 47 years and experienced the onset of the neuromuscular disorder myasthenia
gravis. One year later he experienced his second heart attack and the myasthenia
became generalized and severe. Following a thymectomy and medications, he
improved. It was at this time he founded the research endeavor that is known today
as the Florida Geriatric Research Program. Having retired in 1999, he remains
Director Emeritus. While active he was the author or co-author of 80+/- publications in
peer reviewed medical journals.
Dr. Hale has been dedicated to furthering the quality of life of the elderly in both his
work and his writings, and has been a long time activist in community affairs. He
founded the UPARC Foundation, which serves and supports the Upper Pinellas
Association for Retarded Citizens. He has served as president or chairman of the
board of many community organizations on the west coast of Florida including the
United Way of Pinellas, the Pinellas County Medical Society, Largo Medical Center
Hospital, Florida Blood Services, Pinellas Suncoast Chamber of Commerce, the
Suncoast Family YMCA, the Dunedin Chamber of Commerce, the Dunedin Council of
Organizations, the Florida/Puerto Rico Affiliate of the American Heart Association,
Senior Citizens Services, Prospect Towers, and others.
He is the immediate past chairman of the Committee On Aging of the City of Dunedin,
and chairs the Research Committee of Florida Blood Services, He is also the
immediate past president of Senior Citizens Services, Inc. and is vice chairman of
the Salvation Army Advisory Board of Clearwater. He is a member of the board of
Directors of the Hospice Institute of the Florida Suncoast, the Salvation Army,
UPARC, UPARC Foundation, Neighborly Senior Care Network, Senior Citizens
Services, Prospect Towers, Partners n Progress of the Largo Cultural Center, and
others.
The recipient of the College of Pharmacy's Distinguished Pharmacy Alumnus Award
at the University of Florida in 1990, Dr, Hale has received numerous humanitarian
honors and recognitions. He is the recipient of three Sertoma Service to Mankind
Awards, the Golda Meir Senior Humanitarian Award, the Liberty Bell Award of the
Clearwater Bar Association, and the highest award the American Heart Association
can bestow upon a volunteer, the Golden Heart Distinguished SE*Vice Award. He was
Honorary Chairman of the 1993 State of Florida Special Olympics and a recipient of
the National Medal of Honor from the Daughters of the American Revolution. A 1990
inductee into the Tampa Bay Business Hall of Fame, he has testified on aging affairs
at two national congressional hearings. He is the only person who has been
selected as Mr. Delightful Dunedin and Mr. Clearwater. In 1999 he was the recipient
of the honorary degree of Doctor of Human Letters from Schiller International
University. A Courtesy Clinical Assistant Professor at the College of Medicine of the
University of Florida, Dr. Hale is also a Paul Harris Fellow of Rotary International. He
has 30 + years of perfect attendance. His most recent recognition was the first
Lifetime Achievement Award recognizing Health Care Heroes by the Tampa Bay
Business Journal in 2004.
Dr. Hale's daughter, Sara, resides in Belleair with her husband, N. John Simmons,
Jr., along with their twin children, Elizabeth and Matthew. Mr. Simmons is President of
Quantum Capital Partners of Tampa, Florida.
11..~
~b
City Council
A51!..:t~a Cov~.!:..~~m,~,~!.!!~.!:!.,!!!_,~.",.,.,,,,,
Trackino Number: 1,190
Actual Date: 04/07/2005
Subject / Recommendation:
Appoint two members to the Airpark Advisory Board with the term expiring on April 30, 2009.
Summary:
BOARD: Airpark Advisory
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: W. Bruce Miller
MEETING DATES: 1st Wed., 3 pm
PLACE: Council Chambers
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT
FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Bob Lunt - 833-C Keene Rd., N, 33755 - Original Appointment 1/15/1998
Deceased
2. Charles G. Harris - 3229 San Pedro St., 33759 - Original Appointment 9/4/2003
Interest in Reappointment: NO (Resigned)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Dennis G. Roper - 2745 Enterprise Rd. E., #25, 33759 - Pilot & Reporter
(Served one term on the Airport Authority 1997-2001)
2. Blaise (Skip) Sciarra - 320 Island Way, #201, 33767 - Aviation Consultant
3. David Spaulding - 836 Island Way, 33767 - Boat and Airplane Captain
Zip codes of current members on board:
1 at 33755
1 at 33761
1 at 33765
Originating: Official Rec and Legislative Svc
Section: Other items on City Manager Reports
Cateoorv: Other
Number of Hard Copies attached: 0
Public Hearino: No
~b.er.. ..."...'.'....,__ City Council
.",'_'_mm A~,!!~a Cove.r.~~.!!!!I_~_~"!!.~_,....,'".,,'_.__,.,,,..,",.,"~~_.....".,,."',.,,_,,~_,__
Financial Information :
Type: Other
Review Aporova I
Cvndie Goudeau
04-05-2005 08:56:38
L
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARd*N 28 2005
. (must be Clearwater resident)
.Name: OeAJ,vi ~ 72ore~ .
Home Address: . If
174 5 G"~A~.pv'se. fJ. c: ). 5
C/eo.tWL+e.... J f( \ . ZiD3S 751
,
Telephone: . Y.<i 2 - ~ 2. 1 (
How long a res~enl of Clearwater? ;l.? Ie," '(;:5
Occupation:.A,yc....-a# Ope....ff OfJ.L
Field of Education:
M~~f\ (O~UAJ'~II:HOAJ
A U{~+l ^kl
.
~JJ ~ liJee ",..;~ ~
. If retired, former occupation:
Community Activities:
OFFICIAL RECORDS AND
LEGISlATIVE SRVCS OEPT
fI/1-S
Telephone:
Employer: {ktfJ41J r;,1ft ( fir,
Other Irk Experience:
.M t'_ "tJ
Other Interests: 5 p ovi, - (fIs /, (~J~e~tCfl ~ j
Board Service (current and past): . Board Preference:
A, ~(J<<YK
I
Additional Comments:
.s~ned:b~rc~
Date:
J-J.cJ -05'
See attached list for boards that require financial disclosure at time of appointment Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
4"
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Ou f.v.5 et" ()fefrlf:i,';jv rf.. f h t- e r'f I Ov./;Jr J (fryf}(JI- f
tf./.!l #~K€ reco1-//Lo.(!/JI",{,.()uS a:6Ql/t 1A,.t;~ oIe~:h~
*' J,.-( (f.f.{ <<wi ('/~.J GI'1"";{~/tJ~) \
. . I ,
2. Have you ever observed a board meeting either in person or on C-View. the
City's TV station?
Y~5
.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
l)t~ vl-O IJ t:' 6(/0-'" j .seVI/( ~ ~
4. Why do you want to serve on this Board?
LocQ, ( Kw..;le1ve - S.{.... bit/it kd-4e bo,u l
. Nlme:j)-,,~c. ~
Board Name: At ~ f<<'1I K
RECEIVED
. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA& 20 2004
(must be Clearwater resident) OFFICIAL RECORDS AND '
LEGISLATIVE SRVCS DEPT
Name:
BLA-fS~
(s 1<'& p) S'"~ 1A-.c2 RA
Home Address:
320 ISLAND WAY -:lt2DL
CL€.Ae.WATefZ.. \ FL.. ZiD 3~7("7
Telephone: 727-.~'$8'-1&,80
How long a resident of Clearwater? 3 () Yes
Occupation: AvlIr'n 1),./ u,AJs~~r ~r
Field of Education:
iI.$. ,AIi2~IJAiI11"~ ~ew~1!-
Office Address:
Z07Q 1ZAN($6 Rei.
(;.LeA2W;r1'Ee.. , rL ZiD3~7'~
Telephone:
Employer: fA./"-IA/INJ:> ~ /~C.
Other Work Experience:
~Pe7Z / l;)/Ktt: 7'bZ. - ,4,p CNil/P7l57C,
f AI2 ;Hg,,~ COl'-1PAWY,,,
,PSt:> t!)P~,l/-n~,v.r.
If retired, former occupation:
Community Activities: eNlI,1::> WGLF41l e I GDLF P2D~IZA"'S"" 'TE~/^,G AV/~T7D/J
T() ~/~/LI)fZZ^' oI9r A 'D (~c... S~lItl:1oL
Other Interests:
Board Service (current and past):
.Na>/t/G
Additional Comments:
Board Preference:
AYI/lnoA/ ~/)Y/S-a2y BDAte,J)
Signed: d~k
,I
Date:
7 ;;~ft;y
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
D€Vt:lOPI: A-tJij kD!<J{ft)ll:,. 71ft: PDt.Ie.ler, P/ZIxet:>v,e;
IIbJ.O A-c. 'fI~ J ~fC TJ.fif' A-t R PA-reJ<
2. . Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
. :r Hv!F I/tC-wE:b V4f2loC/S 'D~/J HEt:fn~.r tAl
PeR$4IAl Ih//) C?N 71i~ a?-/ES TV ;>2D~"'.
3. What background andlor qualifications do you have that you feel would qualify you
to serve on this Board?
:;:. IIIfvE EJt.n:;wSII/E pxpetz~eNCe- 1N',4-"- ~ptj:.7:S c;::
.
Q!iNtf/2,(Jt... Jfl-Vlllt1~AJ. .r JntI.v~ H-;th../V YC*LS DF W/)~k
R6L~l> EJtPe;z.IIS~e WlnI 11ft:- ()PeE!AnotJ P~'f1IC:
t', 64/LIIVA rc-tL.. A-t1? P;fI2/1C .
4. Why do you want to serve on this Board?
7l; tilt: HY JE/IIl)lf,-t~c: t9~ IWI"TliW n:> /fCS/sr TIt?
&meJt ~C-H8t?12S ()I= 11Itr &;fR,) 7lJ B./~uj)e THIS
~Qt:Cl!~S ~h E.-fP8TY ~F ~ ~/IlPAiZIC.
Name: &A-,{c. (~~/P J .sG/~'"
Board Name: I1vll1norJ ~l>I1T~lZv 8Q~/)
BLAISE SCIARRA, JR.
310 Island Way Apt 101
Oeanvater, FI 33767
717-445-1144
SUMMARY
Business Professional and PilotlManager
30 years experience and 15,000 flight hours.
EDUCATION
Embry Riddle Aeronautical University
Daytona Beach, Florida
Graduated 1969 - B.S. Aeronautical Sciences
EXPERIENCE
December 2001 to Present
Tailwind, Inc. Aviation consultant for aircraft sales and business development.
June 1992 to December 2000
GLOBAL AIR. CHARTER INC. Owner! Director of Operations A full service jet
charter and air ambulance company. The company was a start-up operation that
developed from domestic into a world-wide service within one year of operation.
Creating operating specification for the global market with the FAA. Operating jets
which serviced the insurance industry repatriating ill patients to their domiciles. Also
serving the needs of the time critical freight business. Customers ranged from the
government, military to the wealthy. Yearly sales averaged 6 million. The company
employed up to 30 pilots, 40 medical personnel and 8 mechanics.
November 1989 to June 1992
AMERICAN JETS INC. Director of Operations On-demandjet charter and freight
company. Operating jet and prop aircraft. My duties were to oversee all areas of
operation, FAA, employee and customers relations. The company employed 20 pilots, 4
mechanics and 5 office personnel.
December 1980 to November 1989
SUNCOAST AVIATION, INC. Chief Pilot The company was a full a service fixed
base operation with charter, flight school and freight customers. Suncoast operated a
fleet of prop and jet aircraft. The chief pilot duties were to develop business, manage the
FBO daily functions train flight crews, mechanics and coordinate the FAA regulation and
certificates.
October 1971 to December 1980
HORIZON PROPERTIES, INC. Pilot! Administrator My duties were to manage the
company aircraft. Also overseeing company real estate development of nursing homes,
apartments and condo/marina investment properties. My duties were in construction
design compliance and funds release authorization.
December 1969 to October 1971
United States Navy Pilot
B4/B5/2BB5 13:35
7274411 ':3B':3
CLEARWATER AIRPARK
PAGE B1
CllY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: "Dt;UJ f) ...r Pi:AIYL 1/ / N,6
Home Address:
J>:?6 In A- N P W;I:) Y
O-t!:AtIl wAr /$ R. FI- ZiD:r? ~7
,
Telephone: 7;" 7 ~ ~i"/'7- ~ '1" Telephone:
How long a resident of Clearwater? h 0 7' K.
Occupation:.]?o,q.T.QtAltZ~t.R^'P ~P-r:--- Employer: ("/;. L~
Office Address:
ZiD
Field of Education:
~ve. C-OL.t E~ ~
Other Work Experience:
If retired, former occupation:
Community Activities: 'j;) tJ-r r me,.,., R~1f!.. (t7/Q-/tINt=- A i)v/.rpIt.V ~f?A-e:1>
-
E #~ f7? Fin .a F JL ) 1::JtIJ:r r ~T1IS-'" LJ E-L- L2 r/ 6' N, A-'~ .r#"JL ~_" c.t: u 1'!
Other Interests: "F If g) N ~
I ~
Board Service (current and past): Board Preference:
rnfj.~i'f..(1E 1]f;~"'- ~POtt::T AOl//..J'~IlV K~It.o
Additional Comments:
Signed: fT2/ fl.. (]~
Date: ~/f ~~
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758--4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
,
--1
,",
,
04/06/2005 13:35
7274411 '30'3
CLEARWATER AIRPARK
PAGE 02
-':
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
A7T~"ID rnL:!!.~'1/Nbr f-rnA~e. 1?Gc-a~"NII~l'I
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
C-/ ~('
/
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
S'/ IV t$t..6. .J-- mL/L--rJ r;N6) U$- - ;TN! "~f?I'1FAI~
en "" ~.e R-lc~L p/L-~r-...J.. ~~/Ee:'&"A1r";=-/fL
Co <-/pt.4R:S
/ .
4. Why do you want to serve on this Board?
-r;; 1;f ~ 0 F' H 11=), P TZ:> Tf/~ ~JJ1m UN I,Y
Na~~~ -
Board Name: ~ fir (Jolt)
. i)Av/V .sp,cu.Jt. (J IN6
/a.8
City Council
""""."",~!!~!~,~,9_ver ~.~~morar:!,~,!lm . ._"'.,,,
Tracking Number: 1,259
Actual Date: 04/07/2005
Subject / Recommendation:
To increase existing Fire Plans Examiner position from .8 to 1.0 full FTE.
Summarv:
This initiative involves changing back permanent part time 0.8 FTE Fire Plans Examiner position
to a previously approved 1.0 TE position involving $3,980 in base salary increase ($26,520 to
$30,498) and $5,600 for benefits increase ($2,030 to $7,630). The part time employee, who
was a previously retired Fire Department employee, resigned from the City at the end of
February 2005. The Department will need to hire a full time employee in the position.
This initiative is related to the efforts to adequately staff the Fire Plans Examiner Section within
the City.
Originating: Fire and Rescue Department
Section Other items on City Manager Reports
Category: Other
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
not applicable
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$9,580.00
Annual Operating Cost:
$38,128.00
For Fiscal Year:
10/01/2005 to 09/30/2006
~~.I
Q~
- - ".',"" :,::,:,:::.;,:,:,: ,~"~:: ,;:, ,:':'::':::";:;"",:, ,," -""~'"','''''',"'''
Total Cost:
$38,128.00
Review Approval
Jamie Geer
Garrv Brumback
Tina Wilson
Bill Horne
Cvndie Goudeau
City Council
'.'."M~sen di:!.".f~~Y~.!:J~:t~,.!!!.!3ra I'!,.~,~~!!!-_",__,.,
04-06-2005 15:45: 12
04-06-2005 16:57:21
04-06-2005 15:55:03
04-07-2005 11 :40: 13
04-07-2005 11:42:32
~ Clearwater
v~
City Council
.,.~..9,f!n d a C 0 v e.~...}vLE!.~.o ran dum
. """"i'; . Mlle. .,,, I ~ ",,,1" ,,', ,
Tracking NU01ber: 1,257
Actual Date: 04/07/2005
~uJ:>>ect / Recommendation:
Upcoming Special Issues/Meetings - Discussion.
Summary:
The following are Upcoming Special Issues/Meetings that will impact Council and/or staff
1. Visioning
2. Budget
3. Senior Center Task Force
4. Downtown Engagement
5. Beach Walk communication Plan & Construction
6. OPUS Public Meetings/Referendum
7. Evaluation and Appraisal Report
8. Old Florida District
9. Development Code Review (text and process)
10. Veterans Day Celebration
11. Youth Engagement
12. Council Breakfast/Lunch/Dessert & coffee (3/mo.)
13. Well City Initiative
14. Downtown Plan Implementation
15. Beach by Design Plan Amendment
16. Boat Stroage/Access
17. Ethics Ordinance Review
18. National Incident Management System and Hurricane Training
19. Public Art Ordinance
Oriainatina: Official Rec and Legislative Svc
Section City Manager Verbal Reports
Cateaorv: Other
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
04-06-2005
14:42:12
1<1. I
14~ 1
MAJOR PLANNING PROJECTS
APRIL 7, 2004
Number Project Lead Staff Financial
Impact
6 Opus Public Meetings Planning No Impact
(Delk)
7 EAR Consultant No New Impact*
(Wade Trim)
8 Old Florida District Planning No New Impact*
(Wielecki)
Consultant
(Graham & Assocs.)
9 Development Code
Review
Consultant NoN ew Impact*
a. Process Review (PPC)
b.Substantive Review Planning $ 90,000
Limited Issues Review I FTE-Planner 3 &
Equipment
Evaluation of Entire Consultant $200,000-
Code 300,000
14 Downtown Plan
Implementation
Code Amendments to Consultant $ 50,000-
Achieve consistency with 100,000
Plan
15 Beach By Design Review
a.Planning Analysis Planning
Redevelopment Scenarios 1 FTE- Planner 3 & $ 90,000
Update Character Districts Equipment
b. Update Design Guidelines Consultant $125,000-150,000
Visual Preference Study
Best Practices Research
c. Public Involvement & Planning -
Plan Development By new Planner
Shown in 15a
d. Infrastructure Analysis Consultant + $300,000
1 FTE- Engineer $ 80,000
(Managed by Public
Works Dept.)
New GIS and Graphic support Systems Analyst $ 85,000
F or entire department I FTE + equipment
New Development Review Expansion I FTE- Planner 3 $ 135,000
Meet ongoing case load volumes I FTE- Admin.
Analyst &
Equipment for both
* Contract and funding previously approved.
Prepared by C. Tarapani, April 7, 2005
~:m.rwater
o
Interoffice Correspondence Sheet
To:
Mayor and Council members
Date:
Cyndie Goudeau, City Clerk @
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Pam Akin,
City Attorney
April 01, 2005
From:
CC:
RE:
Revisions to Agenda Packet for April 04, 2005
The following changes/additions are provided:
. Revised Work Session Agenda - Rev 1 - 04-04-05
. ES Item #1 - Appointment of Senior Center Task Force....;. Item added to Agenda, tab
provided, (no paperwork).
. MR Item #1 - Discussion regarding Boating Access. Power Point Presentation -
Paperwork provided.
. PR Item #2 - Approve License Agreement with Emerald Coast Bungee, Inc. to provide
entertainment concessions at Pier 60 Parle Item added to agenda and paperwork
provided.
. ENG Item #2 - Award a contract for the Glen Oaks StormwaterManagement Project
(02-0030-EN). Item added to agenda and paperwork provided.
. ENG Item #3 - Discussion - Pedestrian Bridge to beach. Item added to Agenda.
. ENG Item #4 - Discussion - Drew Street closure at Myrtle. Item added to Agenda.
. ENG Item #5 - Discussion - Parking on Cleveland Street. Item added to Agenda.
. ORLS Item #2 - Appoint one member to the Library Board. Additional application for
Lorelei Keif - Paperwork provided.
. ORLS Item # 4 - Billboard Lobbyist - Item added to Agenda.
. CM Item #1 - Pelican Walk Garage Agreement. Item added to Agenda.
. CDlltem #1 -14 Idlewild - Jonson. Item added to Agenda.
. CDlltem #2 - Upcoming Special Issues/Meeting. Item added to Agenda.
Memo to Council for 04-04-05 Work Session - revisions.doc
ClJr -- 15.1
.<.1-01 -OS
Idlewild CDB Discussion 040404
I. Background:
a. Recall our December 10 CDB training session.
b. Quaisi Judicial established by the courts to get politics out of the
Development approval process.
c. Strategy behind the Clearwater code is performance based
d. That it would be applied consistently so that developers would have clear
expectations of what they could build and what not. Predictability.
2. Process Issues: There is a great deal I don't understand
a. CDB hearing Attorney:
i. Didn't allow a motion to amend the motion for approval. I have no
idea why this wasn't allowed.
11. Recommended that the board vote be based on "testimony
provided at the hearing." Why wasn't the board directed to also
consider evidence contained in the application?
111. Did not define "substantial competent evidence" requirement of ~
Sec. 4-206 D.4. which requires the applicant to show by
substantial competent evidence that they ar~l entitled to the . ~
approval requested. S~l. ~ti<4/ l)AMr:..J Th (~ (...L1U,' r f
b. I don't understand the Application Findings of fact process:
i. For example the code [Sec. 4-206 D.4.] states that the applicant is
entitled to the approval requested if they meet (in part) six (6)
GENERAL APPLICABILITY CRITERIA references Exhibit "A".
I. Application Question I: The proposed development of the
land will be in harmony with the scale, bulk, coverage,
density and character of adiacent properties in which it is
located:
2. Question I Applicant's Answer: "The proposed project
will be in harmony with the surroundinl! area as this is a
residential use and attached dwellings are permitted within
the MHDR zoning district. The surrounding uses maintain
even more encroaching setbacks than that which are being
requested as part of this application."
3. Applicant's answer doesn't address scale. The answer
doesn't address bulk. The answer doesn't address density.
The answer doesn't address the character of adjacent
properties. The answer possibly addresses coverage. No
quantitative information is provided on the adjacent
properties.
4. I don't understand why the Staff analysis does not address
these deficiencies. Rather the staff reply is general in
nature too: "Building with an overall height of 80 feet (64
feet to roof deck from BFE) inconsistent with most of the
buildings in the neighborhood and is inconsistent with the
Old Florida District".
Idlewild CDB Discussion 040404e
I
Printed 4/4/2005 8:03 AM
c. I don't understand the discussion of the board relating to precedent
Question: should precedent that was perhaps improperly applied bind
them or should they apply the code standards to each new project as it is
reviewed?
d. I don't understand the Planning Director comments during the hearing
relating to roof top extensions. She stated that stairways were permitted.
But the code defines rooftop extensions as only Elevator equipment rooms
and like mechanical equipment enclosures (shall be permitted to project up
to 16 feet higher than the maximum height otherwise specified).
e. I don't understand why the staff report didn't discuss the following:
i. Rooftop terrace and Rooftop Jacuzzi Pavilion
I. When the code calculates rooftop height for a flat roof, it
measures to the flat roof. Then a 3 foot parapet and up to
16 feet for elevator equipment rooms and mechanical
equipment is allowed.
2. This project takes the flat rooftop and adds tenant
amenities: a 16 foot tall roof top pavilion and a 12 foot +
rooftop Jacuzzi pavilion.
3. Only the rooftop pavilion was referenced in the staff
report. The Jacuzzi was not mentioned in the staff report,
but appears in the design drawings.
4. It seems that this is living space, not roof top mechanical
equipment.
5. This subject was discussed at the CDB meeting.
11. Perimeter wall. There appears to be a six-foot wall or wrought
Iron F ence (the plans are inconsistent) along south side of the
property adjacent to the sidewalk with only one decorative gate in
it and the Garage door.
I. I didn't see this addressed in the staff report or in the
application.
I I' 1. 2. While Sec3-804 A.I. allows a 6 foot decorative fence in a
t\tl+ <41 .c..sL ~ (!:- MHDR area it requires Level Two approval.
,\,) M ~ t 3. I don't understand why this was not highlighted in the staff
r tfo{ report. Nor was this discussed during the hearing.
f. I don't understand the CDB's discussion of the Moratorium issue
1. My understanding was that the Moratorium only applied to the
uses, not to issues of height
11. I don't understand Mr. Denhehy's comment that "Until such time
as staff has finalized their recommendations to this board and City
Council as to what the code should be and the definitions of the
code should be, I think it remains up to this board to define it for
ourselves. And I think we have done that in the past and I think we
have done that with previous projects in the past and I believe we
are going to wind up having to do that in the future." Isn't it up to
~ the CDB to apply code not define it for themselves. After all the
J" moratorium only dealt with uses not size.
Idlewild CDB Discussion 040404e
2
Printed 4/412005 8:03 AM
3. I have concerns with the General Policy / Process issues:
a. Approved as Comp Infill
i. Most recent cases have been Comp Infill at the CDB level.
ii. Many are approved on consent.
b. The Staff report doesn't highlight the deviations from base standards. For
example the Comp Infill deviation at issue in this MHDR case was a
deviation from Flexible Development height of 50 feet for attached
buildings to 80 feet a deviation of 60%. Why is staff so resistant to
including factual quantitative information in the reports? I still don't
understand this.
c. Old Florida District wouldn't be old without old buildings; while the staff
report highlights the demise of an old building it doesn't express the
concerns with it or the impact on the area.
d. Training that was done in December for the CDB members seem to have
not been interpreted the same was that I heard it. Didn't we decide to have
a workshop on this subject?
4. General Comments:
a. Quasi Judicial process - not making policy.
b. Need to address process issues before we address the policy issues.
c. We need to decide if the density really trumps dimensional limitations of
the code or not. If not, we need to remove any CDB member who doesn't
understand that density is a factor of capacity of the infrastructure not a
right to squeeze into a property irregardless of the size of the units.
d. Any Comprehensive Infill should have a thorough public review - not
consent
e. Comp Infill should be compared to baselines in the staff report.
f. Too much emphasis on height and not enough on the design and character
of the neighborhood.
g. Goes back to 14 Somerset precedent.
5. Why aren't the staff reports on line?
Idlewild CDB Discussion 040404e
3
Printed 4/412005 8:03 AM
,~ ~ r\{)
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~
:;:;: 2. Ex parte communications and expert opin-
ions. Except as provided in this subsec-
tion, no member of the community devel-
opment board or the city commission shall
engage in any ex parte communications
with any person in regard to the sub-
stance of a quasi-judicial matter which is
to be considered by the board or commis-
sion, as the case may be.
a. Members of the community develop-
ment board may conduct personal
investigations with regard to a quasi-
judicial matter pending before them
provided that the existence of such
investigation or site visit, is dis-
closed at a public hearing and made
a part of the record before final ac-
tion on the matter.
DEVELOPMENT REVIEW AND OTHER PROCEDURES
3. Opening matters and preliminary re- 4.
marks:
a. The community development coordi-
nator shall describe the application
and identify the applicant and an- 5.
nounce the order of presentation.
b. The chair of the community develop-
ment board or the hearing officer
shall inquire of those attending the
hearing if there is any person who
wishes to seek party status and ex-
plain that party status entitles the
party to:
I. Personally testify.
Il. Present evidence by documen-
tary submittal.
Ill. Present witnesses. 6.
IV. Conduct cross examination of
any witness.
v. Present argument.
VI. Appeal the decision.
Party status shall be granted by the
community development board or the
hearing officer, as the case may be, if
the person requesting such status
demonstrates that he is a substan-
tially affected person. Any other in-
terested person (not a party) shall be
entitled to participate in the hear-
Supp. No.6
CD4:13
* 4-206
c.
ing, subject to the control by the
body conducting the hearing and may
be requested to respond to questions
from the body conducting the hear-
ing, but need not be subject to cross-
examination or qualified as an ex-
pert witness.
Disclosure of the substance of the
subject of any ex parte communica-
tions, including the identity of the
person, group, or entity with whom
the communication took place and
all written communications to the
community development board, or
the hearing officer, if any, which shall
be made a part of the record.
The witnesses shall be sworn.
d.
Burden of proof. The burden of proof is
upon the applicant to show by substantial
competent evidence that he is entitled to
the approval requested.
Presentation of case. The applicant, the
city and any other party may present
testimony, examine witnesses, and present
documentation at the public hearing and
may cross-examine other witnesses. Other
interested persons may present com-
ments or argument in support of or in
opposition to the application.
a. Any expert witness testifying shall
submit a resume for the record be-
fore or during the public hearing.
Order / recommended order. In the case of
a Level Two approval or an appeal, the
community development board or the hear-
ing officer shall issue an order and, in the
case of a Level Three approval, a recom-
mended order, which shall include:
a. Findings of fact in regard to any
questions of fact which were pre-
sented during the proceedings.
b. Conclusions of law in regard to the
applicable provisions of the compre-
hensive plan and the community de-
velopment code.
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