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10/15/2014
Wednesday, October 15, 2014 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda October 15, 2014City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available . Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) 4.1 Service Awards 4.2 Countryside High School - Principal Gary Schlereth 4.3 Pro Bono Week Proclamation 4.4 Dysautonomia Awareness Month Proclamation 4.5 National Arts and Humanities Month Proclamation 4.6 Maxima’s Hispanic Heritage Concert - Nio Fernandez, Program Director 92.5 4.7 United Way Month Proclamation - Jen Obermaier 4.8 End of Session Report - Peter Dunbar and Martha Edenfield, Dean Mead 5. Approval of Minutes 5.1 Approve the minutes of the October 2, 2014 City Council meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 10/14/2014 October 15, 2014City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve an amendment to the agreement with Gabriel Roeder Smith and Company for actuarial services for the City’s Other Post Employment Benefits (OPEB) liability, to extend the agreement for two years, to December 31, 2016, with an additional not-to-exceed amount of $17,500, and authorize the appropriate officials to execute same. (consent) 7.2 Approve acceptance of U.S. Department of Justice, National Institute of Justice (NIJ) Grant Award in the amount of $30,671 for funding for Clearwater Police Department’s (CPD) Cold Case Team Project and authorize the appropriate officials to execute same. (consent) 7.3 Approve revised Florida Department of Transportation (FDOT) Traffic Signal Maintenance and Compensation Agreement, which allows the City to be financially reimbursed by FDOT for maintaining state traffic signals on the state highway system within the City limits and authorize the appropriate officials to execute same. (consent) 7.4 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $ 534,000.00 for the purchase of one new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances, - Other governmental bid, and authorize the appropriate officials to execute same. (consent) 7.5 Approve the combining of the Solid Waste Fund and the Recycling Fund for the purposes of financial statement presentation, residential rate presentation, and the application of Council policy for reserve requirement and provide an effective date. (consent) 7.6 Approve establishing a new Capital Improvement Project entitled Transfer Station Rebuild (CIP 315-96447) for $1,000,000, to be funded from unappropriated retained earnings of the Solid Waste Fund, for preliminary site work to include but not limited to geotechnical surveys, land surveys, and preliminary design needed for the new Transfer Station facility. (consent) Page 3 City of Clearwater Printed on 10/14/2014 October 15, 2014City Council Meeting Agenda 7.7 Approve a contract with Florida Division of Administrative Hearings (DOAH) to provide Hearing Officers for the Civil Service Administration and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1452, 1473, and 1479 Grove Circle Court (Grove Circle Subdivision Lots 8, 12, and 13 in Section 2, Township 29 South, Range 15 East); and pass Ordinances 8596-14, 8597-14 and 8598-14 on first reading. (ANX2014-07013) 8.2 Approve the Annexation, initial Land Use Plan Designation of Residential Urban (RU) and initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) District for 1250 Palm Street and 1325 Idlewild Drive (consisting of portions of Section 03, Township 29 North, Range 15 East) together with all abutting right-of-way of Idlewild Drive; and pass Ordinances 8593-14, 8594-14 and 8595-14 on first reading. (ANX2014-08014) 8.3 Approve a Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 14-32, and authorize the appropriate officials to execute same. (HDA2014-07004 - 40 Devon Drive) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8587-14 on second reading, adopting an Interlocal Service Boundary Agreement with Pinellas County. Page 4 City of Clearwater Printed on 10/14/2014 October 15, 2014City Council Meeting Agenda 9.2 Adopt Ordinance 8591-14 on second reading, amending Chapter 32, Article VII, Clearwater Code of Ordinances relating to gas services,, providing for the use of subcontractors in the fulfillment of Gas services, providing for delivery of gas at varying pressures, and providing for discretion by Clearwater Gas System in providing certain optional services; amending Appendix A, Code of Ordinances to revise rates for Clearwater Gas System customers. 9.3 Adopt Ordinance 8607-14 on second reading, amending the provisions of Chapter 2, Article V., Division 3., Code of Ordinances to comply with Section 401(a)(31)(B) of the Internal Revenue Code. 9.4 Adopt Ordinance 8612-14 on second reading, amending the Money Purchase Pension Plan to comply with the Internal Revenue Code, and codifying the amended Second Restatement of the Money Purchase Pension Plan. 10. Presentations (by government agencies or groups providing formal updates to Council) 10.1 Community Dental Clinic - Steve Heller 10.2 Solid Waste and Recycling Rate Study Presentation - Burton and Associates 11. City Manager Reports 11.1 Approve establishing a new Capital Improvement Project entitled Recycling Processing Center Expansion and Upgrade (CIP 315-96809) for $1,000,000, to be funded from unappropriated retained earnings of the Recycling Fund, for preliminary site work to include but not limited to geotechnical surveys, land surveys, preliminary design, and equipment needed for the new Recycling Processing facility. (consent) 11.2 Appoint a member to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. 11.3 Appoint three members to the Municipal Code Enforcement Board with terms to expire October 31, 2017. 12. City Attorney Reports 13. Other Council Action 13.1 City Attorney Evaluation 13.2 City Manager Evaluation 14. Closing comments by Councilmembers (limited to 3 minutes) 15. Closing Comments by Mayor Page 5 City of Clearwater Printed on 10/14/2014 October 15, 2014City Council Meeting Agenda 16. Adjourn Page 6 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-511 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service: Carlos Lang Solid Waste Sharon Huskey Library Casey Matz Fire Hieu Tran Fire Alan Ryan Fire David Sowers Fire Steven Peters Fire Dominick Briganti Fire Jarrett Hood Fire Douglas Kellin Fire Aaron Campbell Fire Christian Miller Fire Deborah Cruz Gas Romulo Cantor Solid Waste Scott Lipp Public Utilities Heather Husted Library 10 Years of Service: Barry Balmer Police Ian Cameron Police Daniel O’Brien Police George Phillips Police Joe Trowell Parks and Recreation Todd Turpack Police Michael Williams Police 15 Years of Service: Solomon Young Fire Shawn Taber Fire Steven Smith Fire Gerard DeVivo Fire Matthew Daerr Fire Page 1 City of Clearwater Printed on 10/14/2014 File Number: ID#14-511 Scott Kurleman Planning and Development Patricia Post Risk/Finance Julie Wykoff Library Louis Pirman Gas 20 Years of Service: Carmen Heidt Library Pamela Akin Legal Lynn Hastings Human Resources Daniel Devol Police Margarita Lyons Library Kent Walker Library Michael Cieslak Police Stephen Reid Engineering 25 Years of Service: Sabrina Chute Information Technology 30 Years of Service: Theron Johnson Solid Waste Page 2 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-563 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Countryside High School - Principal Gary Schlereth SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-564 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Pro Bono Week Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-588 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Dysautonomia Awareness Month Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-576 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.5 SUBJECT/RECOMMENDATION: National Arts and Humanities Month Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-605 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Maxima’s Hispanic Heritage Concert - Nio Fernandez, Program Director 92.5 SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-565 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.7 SUBJECT/RECOMMENDATION: United Way Month Proclamation - Jen Obermaier SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-600 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.8 SUBJECT/RECOMMENDATION: End of Session Report - Peter Dunbar and Martha Edenfield, Dean Mead SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-604 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the October 2, 2014 City Council meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 City Council Meeting Minutes October 2, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, October 2, 2014 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Pastor Akil Thompson from New Destiny Worship Center 3. Pledge of Allegiance - Councilmember Jonson 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) – Given. 4.1 Domestic Violence Awareness Month Proclamation, October 2014 - Caitlin Higgins-Joy from RCS; Meaghan Harris, CASA Peacemaker 4.2 Pinellas County Schools Mentoring Program - Demorris Lee, Communications Coordinator Mr. Lee provided video presentation on the mentoring program and encouraged interested individuals to attend the Pinellas County Schools Mentor Recruitment Fair on October 13 at Feather Sound Country Club. 4.3 Fire Prevention Week Proclamation, October 5-11, 2014 - Fire Marshal Steve Strong 4.4 Florida Manufacturing Day Proclamation, October 3, 2014 - Becky Burton, May Area Manufacturing Association (BAMA) Page 2 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 4.5 Public Natural Gas Week Proclamation, October 5-12, 2014 - Chuck Warrington, Clearwater Gas System Managing Director 4.6 World Homeless Day Proclamation, October 10, 2014 - Ekaterini Gerakios-Siren, Economic Development Councilmember Hamilton departed Chambers at 6:24 p.m. 5. Approval of Minutes 5.1 Approve the minutes of the September 18, 2014 City Council meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the September 18, 2014 City Council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda - None. Councilmember Hamilton returned to Chambers at 6:25 p.m. 7. Consent Agenda – Approved as submitted. 7.1 Authorize the funding of city medical insurance and a contract between the City and Cigna Healthcare for administrative services under a partial self-insured funding arrangement for the period of January 1, 2015 to December 31, 2015 at a total cost not-to-exceed $16.8 million, to be funded through city budgeted funds, payroll deduction of employee premiums, and reserves from the City’s Central Insurance Fund. (consent) 7.2 Approve the Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for a three-year term beginning October 1, 2014 through September 30, 2017 and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the non-standard 10’ wide concrete sidewalk on the north side of SR 590, NE Coachman Road and authorize the appropriate officials to execute same. (consent) 7.4 Award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida Bid 25-13, for $243,099 to perform Phase II of structural caulking and Page 3 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 concrete repairs needed throughout Bright House Field stadium. (consent) 7.5 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding of youth programs, at a rate of $22.56 per child, per day; approve a first quarter budget amendment of $402,442 into 181-99872, and authorize the appropriate officials to execute same. (consent) 7.6 Approve increased funding for Special Program Fund Special Events (181-99865) by $275,000 from unappropriated retained earnings to assist in funding City Centennial Celebration Events including a major concert at Coachman Park ($200,000), and a downtown parade with fireworks ($75,000). (consent) 7.7 Approve Sponsorship Agreement (Agreement) between the City and CBS Radio Stations, Inc. (CBS Radio) for MAXIMA’S Hispanic Heritage Concert (Event) to be held at Coachman Park on October 12, 2014 and authorize the appropriate officials to execute same. (consent) 7.8 Award a contract (purchase order) to TS Sports of Dallas, TX, Bid 14-0030-PR for the construction and installation of a new video and scoreboard for Bright House Field which includes a 10% contingency, for $680,484; and transfer $776,214 to Bright House Field Repairs (CIP315-93640) from unappropriated retained earnings to complete the funding for this project and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office to commence October 1, 2014 and remain in full force and effect unless terminated in writing by either party and authorize the appropriate officials to execute same. (consent) 7.10 Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period November 1, 2014 through October 31, 2017, and authorize the appropriate officials to execute same. (consent) 7.11 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the East Water Reclamation Facility Generator and Marshall Street Water Reclamation Facility Lab Electrical Improvements Project (11-0025-UT) in the amount of $1,527,457.00, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.12 Approve an Engineer of Record (EOR) work order to Leggette, Brashears and Graham (LBG) of Tampa, Florida, in the amount of $155,736 for project related Page 4 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 services permitting a Class I deep injection well for disposal of Reverse Osmosis Plant by-product and authorize the appropriate officials to execute same. (consent) 7.13 Approve Blanket Purchase Orders for Baker and Taylor, Ingram Library Services and Midwest Tape for the acquisition of library books and audiovisual materials for the contract period of October 1, 2014 through September 30, 2015, and authorize the appropriate officials to execute same. (consent) 7.14 Award a contract (purchase order) to lease desktop and laptop computers for three years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,125,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-WSCA-10-ACS; and authorize the appropriate officials to execute same. (consent) Vice Mayor Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Provide direction on the proposed Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-07004 - 40 Devon Drive) Site Location and Existing Conditions: The 0.831-acre subject property is located on the north side of Devon Drive approximately 150 feet east of Coronado Drive with 278.68 feet of frontage along Devon Drive. The property spans two zoning districts including Tourist (T) and Low Medium Density Residential (LMDR) and two Future Land Use Plan (FLUP) classifications, Resort Facilities High (RFH) and Residential Urban (RU). The subject property is also located within the Small Motel District of Beach by Design. The portion of the site within the T District is 0.659 acres and remainder of the site within the LMDR District constitutes 0.172 acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The immediate area is characterized by a variety of uses including overnight accommodations, a surface parking lot, and detached dwellings. The property to the west is currently developed with a 108-room 89-foot hotel (Pier House Page 5 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 60), the property on the west side of Coronado Drive has been approved for a 450-room hotel (Wyndham Grand) for which a foundation permit has been approved, the property to the south is developed with a surface parking lot and the properties to the southeast are developed with detached dwellings. The property is used as a 27-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-9029071). The hotel units are located within four two-story buildings. The buildings are located on the western half of the site. The majority of the surface parking is provided on the portion of property zoned LMDR with the remainder on the portion of property zoned T. A landscape buffer approximately 20 feet in width is provided along the south property line adjacent to Devon Drive. Access to the site is provided from Devon Drive via one two-way driveway generally centered along the south property line. Site History: On December 21, 2010, the Community Development Board (CDB) approved Case FLD2010-08001 which permitted an 85-unit overnight accommodation use using 53 units from the Hotel Density Reserve created pursuant to Beach by Design. On January 13, 2011 the City Council approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design. The associated development order for FLD2010-08001 expired on December 12, 2012. On May 21, 2013 the CDB approved Case FLD2013-02007 which authorized an 85-unit overnight accommodation use (hotel) including 53 units from the Hotel Density Reserve created pursuant to Beach by Design. On June 19, 2013 the City Council approved Case DVA2010-08001A amending the previously approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design. This was required as the site plan exhibit associated with the aforementioned FLD2010-08001 expired. DVA2010-08001A also allocated 53 overnight accommodation units from the Hotel Density Reserve. On March 31, 2013 a one-year development order extension for the FLD2013-02007 was granted by the Community Development Coordinator until May 21, 2015. On August 05, 2014 a two-year development order extension for the FLD2013-02007 was granted until May 21, 2017 pursuant to House Bill 7023. In summary, there exists an approved site plan valid until May 21, 2017 for the construction of an 85-unit overnight accommodation use at a density of 128.98 Page 6 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 rooms per acre based only on the lot acreage zoned T District. Development Proposal: This proposal terminates DVA2010-08001A which previously allocated 53 hotel units from the Reserve. The owners now propose to utilize the otherwise permitted density of 32 units and incorporate 66 units from the Hotel Density Reserve through Beach by Design resulting in a total of 98 units (149 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 0.659 acre portion within the T District. The building will be 100 feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposed building design is described as Contemporary Tropical, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via a single two-way driveway located at the southeast corner of the building along Devon Drive. There is also access to the trash staging area at the southwest corner of the building. The first four floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as elevator lobby and trash holding area. In addition to parking, floors two through four also include hotel rooms (nine per floor).The fifth floor will include a pool and pool deck (over parking at the southeast quadrant of the building. Various other outdoor patios are located on the east and west sides of the building at the 5th floor. Amenities such as dining area, lounge and exercise room totaling 6,915 square feet (12.5 percent of the total floor area of the building) are also located on the fifth floor. The remainder of the floor will be dedicated to an upper lobby, three hotel rooms and miscellaneous back-of-house components. Floors six through nine will be dedicated almost entirely to hotel rooms (17 per floor). On the portion of property zoned LMDR District, one detached dwelling is shown on the floor plans and building elevations. The 0.172 acre property supports one dwelling unit. The dwelling unit is proposed to have a common wall with the east façade of the hotel. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to Table 2-803, CDC, the minimum required lot area for overnight accommodations is between 10,000 and 20,000 square feet. The portion of the subject property in the Tourist District is 28,688 square feet in area. Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site for the portion of the property zoned T District along Devon Drive is 4175 feet. The proposal is consistent with these Code provisions. Page 7 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet along the front (south) to building; five feet to building along the rear (north) and 10 feet to building along the side (west). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for buildings which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for overnight accommodations is between 35 and 100 feet. Pursuant to the Code definition of building height, elevator equipment rooms and like mechanical equipment enclosures are permitted to project up to 16 feet higher than the maximum building height. The proposed building height of 100 feet to the top of the roof deck (112 feet to top of flat roof for elevator and other mechanical equipment) is consistent with this CDC section, definition of building height and with the guidelines of Beach by Design. Minimum Off-street Parking: The 98-room overnight accommodation use requires a minimum of 118 off-street parking spaces. A parking garage located on the first four levels of the building will provide 118 spaces. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all sides of the building. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent Page 8 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue to operate at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 66 units from the Hotel Density Reserve or a maximum density of 148.7 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 9 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Planner Matt Jackson said since the work session, the Applicant has amended the Narrative to include that the sidewalks would match the existing sidewalks and that there would be a bicycle rack on the first floor of the hotel. Applicant representative Brian Aungst reviewed the request and said the item before Council is an improvement over the currently approved design and consistent with Beach by Design. Councilmember Polglaze moved to confirm a second public hearing in City Council Chambers before City Council on October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8581-14 on second reading, annexing certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8581-14 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8581-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.2 Adopt Ordinance 8582-14 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 addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8582-14 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8582-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 10 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.3 Adopt Ordinance 8583-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8583-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8583-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.4 Adopt Ordinance 8588-14 on second reading, annexing certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8588-14 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 8588-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.5 Adopt Ordinance 8589-14 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 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial General (IG). Ordinance 8589-14 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8589-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Page 11 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 9.6 Adopt Ordinance 8590-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Research and Technology (IRT). Ordinance 8590-14 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8590-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.7 Adopt Ordinance 8592-14 on second reading, approving the vacation of a portion of Brownell Street, a city right-of-way. (VAC2014-01 Fire Station 45) Ordinance 8592-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8592-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.8 Adopt Ordinance 8599-14 on second reading, amending Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or entities with three or more outstanding parking violations. Ordinance 8599-14 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 8599-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.9 Adopt Ordinance 8600-14 on second reading, amending Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional special events alcohol permits in the downtown area of Clearwater between Drew Street and Pierce Street, North and South and between Myrtle Street and the waterfront and allow for metal containers at special events. Ordinance 8600-14 was presented and read by title only. Page 12 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Councilmember Hamilton moved to adopt Ordinance 8600-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.10 Adopt Ordinance 8601-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014 to reflect increases and decreases in revenue and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Airpark Fund, Parking Fund, General Services Fund, and Garage Fund. Ordinance 8601-14 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8601-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.11 Adopt Ordinance 8602-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of $2,095,802. Ordinance 8602-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8602-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10. City Manager Reports 10.1 Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation and modification of several city facilities in the amount of $294,705 under S.R. 590 From West of Marilyn Street to East of Audrey Drive; adopt Resolution 14-31, and authorize the appropriate officials to execute same. The Florida Department of Transportation (FDOT) has designed the improvements of S.R. 590 from West of Marilyn Street to East of Audrey Drive. The proposed improvements will include resurfacing the existing roadway, replacing the existing signal by mast arm, upgrading the drainage system, and Page 13 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 construction of a new pedestrian bridge. Construction is currently anticipated to begin in Summer of 2015. This roadway improvement project will necessitate the relocation or adjustment of the City’s water mains and sewer work within the project limits. The City of Clearwater’s Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. The Resolution authorizes the City to enter into a Utility Work by Highway Contractor Agreement (UWHCA) to have the work bid and constructed with the FDOT contract. The amounts included on this agenda item are the engineer’s preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor’s bid and may vary from this amount. Project will be competitively bid by FDOT. The engineer’s estimate is $294,705.00 APPROPRIATION CODE AND AMOUNT: 0327-96742-563800-533-000-0000 $242,030 0327-96634-563800-535-000-0000 $ 52,675 Funds are available in Utility Renewal and Replacement projects in amounts of $242,030.00 in 0327-96742, Line Relocation - Capital and $52,675 in 0327-96634, Sanitary Utility Relocation Accommodation, for total funding of $294,705.00 to fund this contract. Councilmember Hamilton moved to approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation and modification of several city facilities in the amount of $294,705 under S.R. 590 From West of Marilyn Street to East of Audrey Drive, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 14-31 was presented and read by title only. Councilmember Jonson moved to adopt Resolution 14-31. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.2 Approve the Interlocal Service Boundary Agreement between the City of Clearwater, Florida and Pinellas County which would allow voluntary annexations of Page 14 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 non-contiguous properties within Type A enclaves and pass Ordinance 8587-14 on first reading. On December 6, 2011, the Pinellas County Board of County Commissioners initiated the negotiation process pursuant to Florida Statutes Chapter 171 to establish an Interlocal Service Boundary Agreement (ISBA) which would allow for the voluntary annexation of non-contiguous properties in Type A enclaves in Pinellas County (those surrounded by a City on all sides). On February 2, 2012, the Clearwater City Council adopted Resolution 12-03 agreeing to participate in the negotiation process with the County and responding municipalities and special districts. On December 10, 2013 the Board of County Commissioners approved the final draft of the ISBA. A total of nine municipalities are participating in the agreement including Clearwater, Dunedin, Kenneth City, Largo, Pinellas Park, Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs. While the agreement allows for the voluntary annexation of non-contiguous properties in Type A enclaves, it does not allow the City to invoke existing agreements to annex for non-contiguous properties unless the current owner consents nor does it provide the basis for annexing an adjacent property that is subject to an agreement to annex without the consent of the current owner of the property. This is consistent with the provisions of Pinellas County Ordinance 00-63 which governed annexation in Pinellas County from 2000 to 2007. The ISBA imposes a new public notice requirement that requires participating municipalities to provide notice to the property owner seeking voluntary annexation by certified mail prior to each reading of the ordinance. The ISBA establishes an effective date of November 1, 2014 and would be in effect for 20 years. It requires the City to provide data related to each property annexed through this process every six years. Any renegotiation of the Agreement must begin at least 18 months prior to the termination date. Each of the participating local governments that are signatories to the ISBA must adopt the agreement by ordinance as required by Florida Statutes 171.203(14). The Planning and Development Department recommends approval of ISBA. Vice Mayor Hock-DiPolito moved to approve the Interlocal Service Boundary Agreement between the City of Clearwater, Florida and Pinellas County which would allow voluntary annexations of non-contiguous properties within Type A enclaves. The motion was duly seconded and carried unanimously. Ordinance 8587-14 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 8587-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Page 15 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Jonson, Councilmember Hamilton and Councilmember Polglaze 10.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2014/15, 2015/16, and 2016/17 and authorize the appropriate officials to execute same. The current collective bargaining agreement between the City of Clearwater and CWA Local 3179 expires on September 30, 2014. City management staff and representatives of CWA Local 3179 reached a tentative agreement for a new contract. The bargaining agreement was subsequently submitted by the Union to its bargaining unit which ratified the agreement by a vote of 395 to 33 on September 11, 2014. The agreement is a three-year contract providing for a $1500 base pay merit increase in the first year, a 3% base merit increase in the second year, and a 2.5% base merit increase in the third year for all bargaining unit personnel who attain a rating of Meets expectations or better on their annual performance evaluation, with any amount that exceeds the employees’ respective pay range maximum being paid as a one-time lump sum. The agreement also includes additional incentives for Building inspectors to obtain multiple licenses, an increase in the annual tuition reimbursement amount from $650 to $1200, pay for court time when subpoenaed outside of work hours, the inclusion of domestic partners as immediate family members for the use of sick leave and funeral leave, and administrative changes that will provide for greater consistency in the distribution of safety shoes as well as the assignment of meal times and overtime. APPROPRIATION CODE AND AMOUNT: The costs associated with the implementation of this agreement are anticipated to be approximately as follows: FY 2014/2015: $1,532,000 All funds $619,000 General Fund FY 2015/2016: $1,578,000 All funds $637,600 General Fund FY 2016/2017: $1,617,000 All funds $653,500 General Fund TOTAL: $4,727,000 All funds $1,910,100 General Fund A first quarter budget amendment will allocate reserves from the operating funds to cover the cost of CWA pay increases for the current budget year. Future budgets will include the contract costs in the proposed budgets. Concerns were expressed that the proposed merit increase will require $2.6 million of reserves over the next four years, the CWA increase for 2013 and 2014 were 1.8% higher than the Save Our Homes CPI increase, and that Page 16 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Council did not meet previously in a labor strategy session prior to the first offer being made. Councilmember Hamilton moved to approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2014/15, 2015/16, and 2016/17 and authorize the appropriate officials to execute same. The motion was duly seconded and carried by the following vote: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton and Councilmember Polglaze Nays: 1 - Councilmember Jonson Motion carried. 10.4 Amend the City of Clearwater Money Purchase Pension Plan Second Restatement to comply with Section 7121 of the IRS Code, codify the amended Second Restatement as Division 6, Chapter 2, Clearwater Code of Ordinances, and pass Ordinance 8612-14 on first reading. The City of Clearwater Money Purchase Plan was established effective August 28, 1997 and restated November 20, 2008. The plan must be amended to comply with the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The amendment will amend Section 6.5. Limitations on Contributions of the Plan by amending Section 6.5(b) and deleting Section 6.5(c). This amendment eliminates the requirement to dispose of excess annual additions to contributions. The Money Purchase Pension Plan Second Restatement was approved by City Council on November 6, 2008, but was not codified. The current Ordinance instructs Municode Corporation to codify the amended Second Restatement. Councilmember Jonson moved to amend the City of Clearwater Money Purchase Pension Plan Second Restatement to comply with Section 7121 of the IRS Code, codify the amended Second Restatement as Division 6, Chapter 2, Clearwater Code of Ordinances. The motion was duly seconded and carried unanimously. Ordinance 8612-14 was presented and read by title only.Vice Mayor Hock-DiPolito moved to pass Ordinance 8612-14 on first reading. Page 17 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.5 Amend Chapter 2, Article V, Division 3 of the City of Clearwater Code of Ordinance amending the Employee Pension Plan to comply with Section 401(a)(31)B of the Internal Revenue Code, and pass Ordinance 8607-14 on first reading. Internal Revenue Regulations require two amendments to the Clearwater Employee Pension Ordinance. The changes to Section 2.398 and restated in Section 2.424 (Time and Manner of Payment) requires the Plan Administrator to deposit any lump sum payout exceeding $1000 into an individual retirement plan designated by a trustee should the distribute not make an election otherwise. The changes to Section 2.393 and restated in Section 2.412 add additional language to the definition for compensation to include severance payments and overtime. Councilmember Polglaze moved to amend Chapter 2, Article V, Division 3 of the City of Clearwater Code of Ordinance amending the Employee Pension Plan to comply with Section 401(a)(31)B of the Internal Revenue Code. The motion was duly seconded and carried unanimously. Ordinance 8607-14 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8607-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.6 Approve a recommendation by the Public Art and Design Board for the commission of a public art installation entitled Accumulate to be installed at Fire Station 45 located at 1140 Court Street, as designed by artist Aaron Stephan for a total cost of $106,950.00 to be funded from the Main Station Fire Construction capital improvement project. (consent) The theme and scope of the project was determined with input from representatives from project construction team, the Clearwater Fire department and members of the Parks and Recreation department. The desired intent for the artwork was to commission public artwork that serves as an artistic enhancement to the City’s fire station and best exemplifies the spirit of the Page 18 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 firefighter. The Public Art and Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and expertise as follows: Neale Stralow (Chair), member of the PADB Chief Robert Weiss, Fire Department representative Tara Kivett, construction manager and building representative Felicia Leonard, Parks & Recreation representative Noah Rollins, Gensler Architects and Rollins Fine Art, aesthetics representative A nationwide Call to Artists was issued and three artist finalists were invited to create a site-specific proposal of artwork for the memorial. On August 11, 2014 the Selection Panel met to review the site-specific proposals and selected the concept of artist Aaron Stephan as it best fit the theme and artistic desires of the project stakeholders. On September 4, 2014 the Public Art and Design Board unanimously approved Mr. Stephan’s proposal. The Board is recommending this artist’s proposal of public artwork to the City Council. This item supports the City's Strategic Vision by providing public art for the citizens as well as visitors to Clearwater making Clearwater a better place to live, learn, work, visit and play. This commission represents the City’s ongoing commitment to the Public Art and Design Program through commissions of public art for City capital improvement projects, a process that is not affected by the mandatory to voluntary transition of the Public Art and Private Development program. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-91253, Main Station Fire Construction. Cultural Affairs Specialist Christopher Hubbard said if Council approves the commission, staff will work with the artist to integrate the proposal into the site, which includes modifications that will enhance the viewing of the art piece outside of the building. Any modifications to the art piece will come before Council for review. Concerns were expressed that the diameter of the area where the piece will be placed is 13 ft.; the piece, as proposed, is 10 ft. in diameter; and that it was not likely the facility would have a high volume of visitors or a receptionist. It was suggested that the artist be asked to rescale the piece. Page 19 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 In response to questions, Mr. Hubbard said if this piece is denied, staff will re-advertise the commission for this site. If Council believes the commission of public art for this building is inappropriate for the site, the funds may be transferred to another project, which would be subject to the City’s Public Art Commission process. Mr. Hubbard said the process includes a Call to Artists, site selection, and artist selected from a pool of applicants. The City Attorney said, per city ordinance, Council may deem the artwork not necessary or appropriate. Fire Chief Robert Weiss said, with the exception of employees, the existing fire station does not have a regular stream of traffic. Mr. Hubbard said the Call for Artists specified for an interior piece and included blueprints of the building. The construction manager for the project recommended an interior art piece as there is not much space on the site for an exterior piece. City ordinance requires 1% of construction costs for new buildings, or renovations greater than 50%, be put towards acquisition of public art for that site. In response to a concern, Mr. Hubbard said it is not the intent of the artist to squeeze the artwork into the site. Once the artist is commissioned under contract, the proposal will be modified to fit the dimensions of the space. A concern was expressed with the cost of artwork that will not be visible outside of the facility. Vice Mayor Hock-DiPolito moved to approve a recommendation by the Public Art and Design Board for the commission of a public art installation entitled Accumulate to be installed at Fire Station 45 located at 1140 Court Street, as designed by artist Aaron Stephan for a total cost of $106,950.00 to be funded from the Main Station Fire Construction capital improvement project. The motion was duly seconded and carried by the following vote: Ayes: 3 - Vice Mayor Hock-DiPolito, Councilmember Hamilton and Councilmember Polglaze Nays: 2 - Mayor Cretekos and Councilmember Jonson Motion carried. 10.7 Approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. Page 20 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 The current agreement with Fields, Inc. to operate the Barefoot Beach House (BBH) expires on December 31, 2014. On June 16, 2014 the City issued RFP 35-14 to solicit interested parties in the operation of the BBH from January 1, 2015 to December 31, 2019 with one renewable term of five years. On July 16, 2014 the City received two qualified proposals; Fields, Inc. of Clearwater, Florida and Boucher Brothers Clearwater Beach, LLC. On August 21, 2014, after oral presentations by both proposers the RFP committee (Jay Ravins, Geri Lopez, Kevin Dunbar, Gina Clayton and Art Kader) recommend the following rankings for the two proposals. 1. Fields, Inc. of Clearwater, Florida 2. Boucher Brothers Clearwater Beach, LLC. If for some reason staff cannot negotiate an acceptable lease agreement with Fields, Inc. then they will move forward with attempting to negotiate an agreement with Boucher Brothers. It should be pointed out that both proposals were excellent and the RFP committee felt that either party would be acceptable and do an excellent job for the City. The proposals were ranked by the following criteria: a. Successful experience in State of Florida and Pinellas County providing similar services b. Longevity of proposer providing these types of services c. Successful experience in Florida managing and operating a public building d. Compensation or financial benefits to the City of Clearwater. e. Proven financial stability and resources available to fulfill contract f. Documented involvement and service to the community g. Responsiveness and completeness of RFP The ranking of both proposals were very close but the decision to rank Fields, Inc. as number one came down primarily on the issue of the potential financial return to the City and strong community relationships. Fields, Inc. proposal provides for a greater opportunity for the City to make more revenue than the Boucher Brothers proposal; while the Boucher Brothers proposal provides for a greater guarantee to the City over the term of the agreement. Guarantee return from Boucher Brothers was $500,000 while Fields, Inc. was Page 21 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 $100,008 per year. However, the percentage on beach rentals and percentage on additional concessions revenue by Fields, Inc. was substantially higher than Boucher Brothers. Percentage returns on beach rentals for Fields was 50% compared to 10% for Boucher Brothers. Formulas were developed to analyze the potential return scenarios based on calendar year 2013 and in all scenarios where there is any growth potential in concessions or rentals Fields, Inc. proposal yields substantially more revenue to the City. However if there were a down turn in the economy and the gross revenues per year decreased by 1% then the Boucher Brothers scenario would be higher in terms of total return to the City. Based on 2013 gross revenue the City would receive $602,979 from Fields, Inc. and $596,767 from Boucher Brothers. The 2014 gross revenue as of July 31st is running 12.8% higher than in 2013; (21.7%) in beach rentals and (3.8%) in concession sales. And, there is no indication that this revenue will decrease with the additional new developments coming to Clearwater Beach as well as projected growth in tourism. While Boucher Brothers has been very active in supporting and partnering with both non-profit and civic organizations in the areas they have business in, contributing both time and money (over $200,000 in 2012 and 2013), they have not contributed to any Clearwater community groups or organizations. On the other hand Fields, Inc. has deep roots in the community and has been a part of and contributed to the fabric of the community for over 20 year. In addition to monetary assistance for over 30 organizations they have been active on local boards and civic groups as well as developing and sponsoring Sunsets at Pier 60 and Sugar Sand Festival as part of Fun N Sun Festivals. If the ranking is approved by Council, staff will negotiate a new agreement with Fields, Inc. to be brought back to Council for approval at a later date. Councilmember Polglaze moved to approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Page 22 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 10.8 Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after November 1, 2014, and pass Ordinance 8591-14 on first reading. Black and Veatch have completed a Cost of Service and Rate Study for the Clearwater Gas System (CGS). This study is an update of their last study issued September 2010. The Study includes a projection of CGS’ financial position for the period 2014 - 2019 and a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served. Based on the results of the Study, CGS’ rates are adequate for the period, and we are actually recommending an overall $1.2 million annual decrease in base rates. Key recommendations in the Study and Ordinance are: • Roll the non-weather portion of Usage & Inflation Adjustment (UIA) rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index (CPI-U) to current levels as specified in the Study and Ordinance. • Decrease the Commercial class revenues by approximately $1.2 million by reducing distribution rates to the levels as specified in the Study and Ordinance. • Increase the Residential Single-Family monthly customer charge by $2.00 and offset this with a reduction in the usage charge. The net effect of these changes to the residential rate revenue overall is negligible as the increase in customer charge is offset by the decrease in distribution charge revenues. This is revenue neutral for our typical single-family residential customer. • Make certain changes in the propane (LP) rates, based on a competitive analysis of local LP suppliers, as specified in the Ordinance. • Adopt a new pricing structure for service charge rates that establishes a per trip charge, which includes up to 1 hour of labor plus quarter hour rates for additional time on site beyond 1 hour. • Make certain wording clarifications in our Ordinances to better reflect operating policies and responsibilities. Table 1-2 on Page 7 of the Rate Study shows the projected effect of these recommended rate adjustments and will become CGS’ basis for strategic goal setting. Councilmember Hamilton moved to approve changes to the Page 23 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after November 1, 2014. The motion was duly seconded and carried unanimously. Ordinance 8591-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8591-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.9 Appoint a member to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. The City Clerk said, as directed by Council, staff contacted Christopher Anuszkiewicz regarding serving on the Environmental Advisory Board; Mr. Anuszkiewicz respectfully declined. It was stated that the Community Development Board never had a landscape architect appointed as a member. City code states that the Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. Councilmember Jonson moved to appoint Christopher Anuszkiewicz to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. The motion failed for lack of a second. Councilmember Hamilton moved to appoint David Allbritton to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.10 Appoint one member to the Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2017. Vice Mayor Hock-DiPolito moved to appoint Leann DuPont to the Page 24 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2017. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze A concern was expressed regarding appointing individuals to an unexpired term in which more than half of the term remains. It was suggested that individuals appointed to quasi-judicial boards with an unexpired term in which more than half of the term remains be considered as serving a full term. Staff was directed to draft an ordinance for council consideration. 10.11 Change November 20, 2014 Council Meeting Start Time. Largo Medical Center’s Urgent Care facility at 2339 Gulf to Bay Boulevard will have their Grand Opening on November 20, 2014 from 5:30 p.m. to 7:30 p.m. Councilmembers have been invited to the event. To ensure Council is able to participate in the grand opening ceremony and return to City Hall for the scheduled council meeting, staff is suggesting changing the meeting start time to 6:30 p.m. Councilmember Hamilton moved to have the November 20, 2014 council meeting start at 6:30 p.m. The motion was duly seconded and carried unanimously. 11. City Attorney Reports - None. 12. Other Council Action - None. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson said the Pinellas Suncoast Transit Authority will be hosting a Greenlight Pinellas Telephone Town Hall tomorrow at 10:00 a.m. and provided Council with comments regarding ULI’s (Urban Land Institute) report to be discussed at a work session. Vice Mayor Hock-DiPolito said Hillsborough and Pasco Metropolitan Planning Organizations have endorsed the Greenlight Pinellas Plan and encouraged all to download the ULI app that provides information on current activities and projects. Page 25 City of Clearwater Draft City Council Meeting Minutes October 2, 2014 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events, reminded all that Monday, October 6 is the last day one can register to vote for the November 4 Election. 15. Adjourn The meeting adjourned at 8:00 p.m. Mayor City of Clearwater Attest City Clerk Page 26 City of Clearwater Draft 41)-tt- i,i)si /O, bK> LI I1lI I 1I0 M i 11 a'3 )IV1 MI (I 1aOGG VMUV310 31100 31NOH r." ro 7-• st 01.1 fFi At, 701'.411` I WATER HORSESHOE CLUB ORIDA STATE HALL OF FAME f‘ , n i A FLORIDA STATE HALL OF FAME P Rs1 aavb'Ha aims scot') t....VT ) A. 01011.0.' MAIMOILIPAMPAIPM.P.M.7501Vane. History Of Clearwater Horseshoe Club The Clearwater Horseshoe Club dates back to 1916. Records show that membership at that time consisted of 4 players. In the 1950's, membership had increased to about 40 players. During the 1970's and 1980's membership varied between 60 and 80 players. Membership has been between 80 and 100 players since the 1990's. Prior to 1940 the horseshoe club was located on the Bay Front at the foot of Pierce Street. In 1940 the courts were moved next to the Baptist Church at the comer of Cleveland and Osceola streets and a club house was built. In 1952 the horseshoe courts and the club house were relocated to the rear of the Baptist Church. The club became inactive in 1961 and remained so until 1972. In 1972 the Club was reactivated at the Bay Front location by the late Norman Gaseau and other club members. In 1974 the Horseshoe Club was notified by the Clearwater Parks and Recreation Department that it was necessary to again relocate the courts due to a change in land use. The site chosen for the new horseshoe courts was Ed Wright Park, comer of Lakeview Road and Greenwood Ave (now M L King Jr Ave). Eight (8) new courts were installed with the City of Clearwater providing materials and the Club members providing most of the labor. On November 23, 1974, the first NHPA (National Horseshoe Pitching Association of America) sanctioned tournament ever to be held in Clearwater took place. City Commissioner Donald Williams tossed the first horseshoe to dedicate the courts and get the tournament underway. In 1976 the City authorized the building of a Club House at the Ed Wright Park location. Club member Guy Crouch (building contractor and resident of Largo) drew up plans, solicited local building contractors and arranged to build a 12' by 12' Club House without cost to the City. In 1983 the Club House was enlarged to 12' by 24' with the cost shared by the Horseshoe Club and the City of Clearwater. Historically, improvements to the horseshoe pitching facility have been a joint effort between the City of Clearwater and the Club and its membership sharing equally in the costs of materials and for providing labor. In 1990 the Club House was enlarged to 24' by 27' with the costs shared by the Horseshoe Club and the City of Clearwater. Concurrent with the Club House expansion, the number of horseshoe courts increased from 8 to 18 along with necessary lighting for night play. In 1993 a patio with roof was added to the East end of the Club House. In July 1994 the aluminum patio type roofing was installed over the pit area of the 18 courts. In 2003 the horseshoe courts were renovated, removing all the stakes and concrete and installing all new concrete 6' wide walkways (handicap accessible), new stakes, new Kentucky blue clay, new fencing, new landscaping and sod. Since 1975, the Club has conducted approximately 7 NHPA sanctioned tournaments each year open to any member of the Florida Horseshoe Pitchers Association or the National Horseshoe Pitchers Association. The Club has hosted and continues to host the annual Florida State Championship Tournament about every third year and was last hosted in April of 2013. In 1981 the Club conducted the first Men's and Women's World Championship Invitational Tournament with eight (8) of the top men and eight (8) of the top women in the world competing. Six (6) of the top men and six (6) of the top women were either current or former World Champions. The tournament was conducted over a 3 day period with spectator interest that kept the bleacher seats filled at all times and 3 local TV stations and Cable TV providing advanced and current coverage. Total prize money for the event was $8500.00. The Clearwater Club was awarded the "Outstanding Achievement Award" by the National Horseshoe Pitchers Association for conducting the first ever Men's and Women's World Championship Invitational Tournament. In 1982 the Club conducted a U. S. Open Tournament open to all NHPA members nationwide. Prize money for this tournament was $5000.00. Many of the same top players in the World returned to compete in this event. The Championship Finals were completely taped by Vision Cable Television with club members Norman Gaseau and Bob Dean handling the commentary. In 1990, the Florida State Horseshoe Pitchers Association authorized the establishment of a Hall of Fame exhibit to be housed at the Clearwater Club House. The Association granted the Club $3700.00 to establish the exhibit. The Hall of Fame exhibit was dedicated in February 1991. Clearwater Mayor, Rita Garvey, and City Council members participated in the dedication ceremony as well as all living Hall of Fame members and surviving spouses. The Florida HPA Hall of Fame is recognized as one of the best in the NHPA. Several of the Clearwater Horseshoe Club members have been inducted into the Florida Hall of Fame and into the National HPA Hall of Fame. The Horseshoe Club conducts NHPA sanctioned handicapped league play during the day on Tuesday and Thursday from 12:30 p.m. to 3:30 p.m. beginning the first full week of November and ending the end of March. The Club conducts a non - sanctioned handicapped league play on Wednesday evenings from 6:30 p.m. to 9:00 p.m. beginning the first week in October and ending the end of March. League play is handicapped so players of different skill levels all have a fair chance of winning. The courts are available for open practice at all other times, except during sanctioned tournaments. NHPA sanctioned tournaments are normally held the first Saturday of each month, beginning in October and ending in May. Horseshoe pitching is a lifetime family oriented sport open to men, women, and youth, that provides excellent exercise for your health, with the walking, bending or squatting to pick up the horseshoes, and the reaching and stretching to deliver the approximately 2 1/2 pound horseshoe. League players are required to join the Clearwater Horseshoe Club. Annual membership for Adults is $10 per year and $3 per year for juniors 18 and under. NHPA sanctioned event players must be a member of the National Horseshoe Pitchers Association, which in Florida, the combined annual membership is $28.00. We invite you to come pitch with us. You can then decide if you would like to join the club. Club membership is not required to utilize the facility for sport, exercise or recreation. If one were to ask any club member why they enjoy pitching horseshoes in Clearwater the response surely will include benefiting from the friendships formed and the non - strenuous activity. Please visit the following websites for additional information. Clearwater Horseshoe Club at: http://clearwaterhc.9f.com National Horseshoe Pitching Association at: http: / /www.horseshoepitching.com Florida Horseshoe Pitching Association at: http:// www.horseshoepitching.com/links /FLinf.html Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-570 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Finance Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an amendment to the agreement with Gabriel Roeder Smith and Company for actuarial services for the City’s Other Post Employment Benefits (OPEB) liability, to extend the agreement for two years, to December 31, 2016, with an additional not-to-exceed amount of $17,500, and authorize the appropriate officials to execute same. (consent) SUMMARY: In December 2009, Council approved a five -year agreement with Gabriel Roeder Smith and Company for Pension Plan and OPEB actuarial services, expiring December 31, 2014. Staff recommends extension of the agreement due to the Pension Plan ’s required implementation of GASB Statements 67 and 68 effective with fiscal years 2014 and 2015. These implementations require significant assistance from the Plan ’s actuary and staff believes it is the Plan ’s and City’s best interests to continue with the existing actuary during the transition period. The total not-to-exceed amount for this extension includes the following: $ 2,500 - roll-forward actuarial valuation as of 1/01/2015 for 9/30/2015 CAFR $15,000 - actuarial valuation as of 1/01/2016 for 9/30/2016 CAFR $17,500 Requested not-to-exceed The Pension Trustees are separately considering a similar extension to the actuarial services for the Pension Plan, with the costs to be paid by the Plan. APPROPRIATION CODE AND AMOUNT: 0010-09821-530100-513-000-0000 Funds are available in the Finance Department budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-542 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve acceptance of U.S. Department of Justice, National Institute of Justice (NIJ) Grant Award in the amount of $30,671 for funding for Clearwater Police Department’s (CPD) Cold Case Team Project and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 7, 2014, CPD was granted approval by the Resource Management Committee to submit a grant application for funding of the department’s Cold Case Team Project. The grant has been officially awarded and CPD now seeks approval to accept it. CPD currently has a total of 20 cold homicide cases that have the potential for being solved with DNA evidence. These cases reach as far back as 1968 and extend forward to 2008. The families and victims are still awaiting justice and closure. Like most other law enforcement agencies with numerous unsolved cases, CPD is operating under staff shortages, budgetary restrictions and heavy caseloads leaving neither the time nor resources available to identify, review and prioritize violent crime cold cases that have the potential to be solved using DNA analysis. As a result, cold cases are unable to be pursued as vigorously as desired. Unwilling to give up on cold cases entirely, CPD created a Cold Case Unit in January 2012, consisting of members of the department’s Homicide Unit and a retired law enforcement officer who volunteers his time to assist in working cold cases. The Cold Case Unit has had astonishing success in the short time that it has been operational, solving five cold cases in less than two years. The grant funding in the amount of $30,671 from NIJ will allow CPD to enhance its existing Cold Case Unit and solve even more cases with additional overtime/fringe benefits for case and evidence review. The funding for overtime will allow the Unit to devote the additional time necessary for cold cases while still attending to more recent crimes. The grant will also fund the cost of investigative travel that may be required to follow up on leads, interview witnesses and/or suspects. Pinellas County Forensic Laboratory will analyze all biological evidence submitted by CPD, interpret the DNA results and submit the DNA profiles that meet the necessary criteria for possible upload into the Combined DNA Index System (CODIS) database, all at no cost to CPD. There will be no additional FTE’s or match associated with this grant. Special project number 181-99209, Clearwater Cold Case Team Project 2014, will be established to account for the grant expenditures. Page 1 City of Clearwater Printed on 10/14/2014 File Number: ID#14-542 APPROPRIATION CODE AND AMOUNT: There will be no additional FTE’s or match associated with this grant. Special project number 181-99209, Clearwater Cold Case Team Project 2014, will be established to account for the grant expenditures. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-527 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve revised Florida Department of Transportation (FDOT) Traffic Signal Maintenance and Compensation Agreement, which allows the City to be financially reimbursed by FDOT for maintaining state traffic signals on the state highway system within the City limits and authorize the appropriate officials to execute same. (consent) SUMMARY: May 15, 2014, City Council executed the new FDOT Traffic Signal Maintenance and Compensation Agreement which replaced the existing agreement that had been in place between FDOT and the City for several years. Shortly after the distribution and execution of the new agreement, FDOT revised the new agreement to address issues regarding traffic signal mast arms. Traffic Operations staff took part in meetings with FDOT and is now aware of and supports the changes in the revised maintenance agreement. FDOT has once again requested that all maintaining agencies approve the revised maintenance agreement and return two executed copies to FDOT. The revised maintenance agreement still allows the City to be reimbursed for maintenance performed by the Traffic Operations Division on the state’s traffic signals within the City of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2014 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 8/14 Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS AGREEMENT, made and entered into this day of , , by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the “Department”, and , Florida, herein called the “Maintaining Agency”. WITNESSED: WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and; WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal systems (central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software), and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beacons), emergency/fire department signals and speed activated warning displays). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of their installation. All traffic signals and control devices mentioned in this paragraph shall hereafter be referred to ‘Traffic Signals and Devices’. 2. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department’s fiscal year for the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of said Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs) and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Maintaining Agency shall be responsible for basic maintenance functions such as the tightening of nuts and replacing missing or deficient bolts (not including anchor bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring issues, including improper grounding; graffiti removal; all signal related issues (lighting, signs and connections); and response to traffic impact including repair and replacement of all components damaged by the traffic impact. 6. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 7. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, and the Department’s Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 8/14 Page 2 of 6 Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 8. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 9. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all Traffic Signals and Devices on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New Traffic Signals and Devices added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon Department final acceptance as stated in paragraph 2. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department Traffic Signals and Devices added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department’s Traffic Signals and Devices in the next fiscal year. In the event that no change has been made to the previous year’s Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency’s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 10. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 11. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 12. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. 13. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 14. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 15. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 8/14 Page 3 of 6 16. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than one year. 17. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 18. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report on April 1 of each year detailing the following: a. Detection device malfunctions. Repairs shall be made within sixty (60) days of discovery and such events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. If the detection device malfunctions are not repaired or restored within sixty (60) days of discovery, there shall be a 10% deduction of the annual compensation amount for the affected signal locations. b. Preventative maintenance inspections. All traffic signals shall receive at least one (1) minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance inspection shall include verification that all detection is working, the signal is cycling properly, the ventilation system is functioning and filters are clean. The inspection report should note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor preventative maintenance inspection during a twelve (12) month period, there shall be a 20% deduction of the annual compensation amount for the affected signal locations. 19. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 20. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 21. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 22. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 23. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 24. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except specific separate Agreements covering painted mast arm maintenance. 25. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 8/14 Page 4 of 6 , Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By : By: (Authorized Signature) (Authorized Signature) Print/Type Name: Print/Type Name: Title: Title: Attest: Attest: (Seal if Applicable) Reviewed: Legal Review: Attorney Date ____________________________________________ EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: To: Maintaining Agency: Intersection Locations Agency Responsible for Periodic Maintenance (FDOT or Maintaining Agency) Compen -sation (Yes or No) Traffic Signal (TS) or Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency /Fire Dept. Signal (FDS) Speed Activated Warning Displays (SAWD) Traffic Warning Beacon (TWB) FDOT FY Unit Rate (refer to Exhibit B) % of State (Ex. 25, 33, 50, 75 or 100) Total Amount (Unit Rate x Percent) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 8/14 Page 5 of 6 I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $0.00. ____________________________________________ ____________________________________________ Maintaining Agency Date District Traffic Operations Engineer Date Total Lump Sum $0.00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 8/14 Page 6 of 6 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons. Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50%) being state roads, the intersection amount for FY 10-11 will be: $2,622 x (2/4) = $1,311 Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads, the intersection amount for FY 11-12 will be $675 x (2/3) = $450 Example 3: For a location with a school zone flashing beacon and two speed activated warning displays, the intersection amount for FY 14-15 will be {($295*1) + ($148*2)} = $591 Unit Rates per 100% State Intersections Speed Intersection Pedestrian Emergency Activated Traffic Traffic Control Flashing Fire/Dept. Warning Warning Signals Beacon Beacon Signal Displays Beacon (TS) (ICB) (PFB) (FDS) (SAWD) (TWB) (0.25*TS) (0.10*TS) (0.25*TS) (0.05*TS) (0.05*TS) FY 11-12 $2,701 $675 12-13 $2,782 $696 13-14 $2,866 $716 14-15 $2,951 $738 $295 $738 $148 $148 15-16 $3,040 $760 $304 $760 $152 $152 16-17 $3,131 $783 $313 $783 $157 $157 The Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. EXHIBIT A INTERSECTION PERCENT FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 Alternate US 19 and Sunset Point Road 66 342$ 1,055$ 1,449$ 1,493$ 1,538$ 1,584$ $1,632 1,680.36 $1,730.52 $1,782.66 $1,782.66 Belcher Road and N.E. Coachman Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 County County County County Charles Drive and S.R. 580 50 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Chestnut Street and Ft. Harrison Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 County County County Chestnut Street and Myrtle Avenue 75 -$ -$ -$ -$ 1,748$ 1,800$ $1,854 1,909.50 County County County Chestnut Street and Oak Avenue 50 -$ -$ -$ -$ 1,165$ 1,200$ $1,236 1,273.00 County County County Cleveland Street and Myrtle Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Countryside Blvd and S.R. 580 50 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Court Street and Ft. Harrison Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 County County County Court Street and Greenwood Avenue (MLK)50 -$ -$ -$ -$ 1,165$ 1,200$ $1,236 1,273.00 County County County Court Street and Hillcrest Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Court Street and Missouri Avenue 75 259$ 800$ 1,098$ 1,696$ 1,748$ 1,800$ $1,854 1,909.50 County County County Court Street and Myrtle Avenue 100 -$ -$ -$ -$ 2,330$ 2,400$ $2,472 2,546.00 County County County Court Street and Oak Avenue 50 -$ -$ -$ -$ 1,165$ 1,200$ $1,236 1,273.00 County County County Courtney Campbell Cswy and Damascus 50 -$ -$ 1,131$ 1,165$ 1,200$ County County County County County Drew Street and Betty Lane 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Drew Street and Greenwood Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Drew Street and Hercules Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Drew Street and Highland Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Drew Street and Keene Road 50 -$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Drew Street and Missouri Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Drew Street and Myrtle Avenue 75 259$ 800$ 1,098$ 1,131$ 1,748$ 1,800$ $1,854 1,909.50 $1,966.50 $2,025.75 $2,025.75 Drew Street and N.E. Coachman Road 66 -$ 1,055$ 1,449$ 1,493.00$ 1,538$ 1,584$ $1,632 1,680.36 $1,730.52 $1,782.66 $1,782.66 Drew Street and Saturn Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Gulf to Bay Blvd. And Arcturas Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Belcher Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Clearwater Mall 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Coachman Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Duncan Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Hampton Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Hercules Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Highland Avenue 40 311$ 959$ 1,318$ 1,357$ 932$ 960$ County County County County County Gulf to Bay Blvd. And Keene Road 50 342$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Lake Avenue 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Park Place 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Gulf to Bay Blvd. And Sky Harbor Drive 50 342$ 959$ 1,449$ 1,493$ 1,165$ 1,200$ County County County County County Gulf to Bay Boulevard and Bayshore Blvd.66 342$ 959$ 1,449$ 1,493$ 1,538$ 1,584$ County County County County County Gulf to Bay Boulevard and McMullen-Booth 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County Memorial Causeway and Island Way 66 342$ 959$ 1,449$ 1,493$ 1,538$ 1,584$ $1,632 1,680.36 County County County Missouri Avenue and Belleair Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Missouri Avenue and Druid Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Missouri Avenue and Lakeview Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Missouri Avenue and Mall 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Myrtle Avenue and Fairmont Street 50 -$ -$ -$ -$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Myrtle Avenue and Marshall Street 50 -$ -$ -$ -$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 Myrtle Avenue and Palmetto Street 66 -$ -$ -$ -$ 1,538$ 1,584$ $1,632 1,680.36 $1,730.52 $1,782.66 $1,782.66 Myrtle Avenue and Seminole Street 50 -$ -$ -$ -$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 S.R. 580 and Landmark Drive 50 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County US 19 and Belleair Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County US 19 and Countryside Boulevard 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 County County County US 19 and Drew Street 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County FDOT TRAFFIC SIGNAL REIMBURSEMENT SCHEDULE Note: Red print denotes county atms signals. EXHIBIT A INTERSECTION PERCENT FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FDOT TRAFFIC SIGNAL REIMBURSEMENT SCHEDULE US 19 and Enterprise Boulevard 66 342$ 959$ 1,449$ 1,493$ 1,538$ 1,584$ County County County County gone US 19 and Gulf to Bay Boulevard 100 518$ 1,599$ 2,196$ 2,262$ 2,330$ 2,400$ County County County County County US 19 and Harn Boulevard 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County gone US 19 and Nursery Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County gone gone gone US 19 and Seville Boulevard 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ County County County County County US 19 and SR 590 100 518$ 1,599$ 2,196$ 2,262$ 2,330$ 2,400$ $2,472 2,546.00 $2,622.00 $2,701.00 $2,701.00 US 19 and Sunset Point Road 50 259$ 800$ 1,098$ 1,131$ 1,165$ 1,200$ $1,236 1,273.00 $1,311.00 $1,350.50 $1,350.50 GRAND TOTAL 12,205$ 41,303$ 57,226$ 60,644$ 74,819$ 77,064$ $45,460 45,547.94$30,756.06$31,682.73$32,632.86 Red is ATMS; city reimbursed by county Black is non ATMS; city reimbursed fdot Note: Red print denotes county atms signals. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-559 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $ 534,000.00 for the purchase of one new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances, - Other governmental bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Department desires purchasing a heavy duty front line pumper (engine) to replace Engine 46, purchased 2001, which will move to the reserve fleet to maintain required reserve units. A reserve unit purchased in 1999 will be retired. The full price for one fire engine is $550,300.00. The manufacturer has offered a discount of $16,300 if paid for in full at time of order. The department desires to take advantage of this discount. A performance bond has been provided. The City will be reimbursed by the County for a portion of the purchase, approximately 10.9%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. A heavy duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and will significantly up-grade the abilities of the engine it replaces. Estimated annual operating costs in the department’s annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 14-0601. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 0-315-91218-591000-581-000 in the amount of $549,830 Penny III Funding for Fire Engine Replacement, Project 91218 , to fund this contract. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-571 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve the combining of the Solid Waste Fund and the Recycling Fund for the purposes of financial statement presentation, residential rate presentation, and the application of Council policy for reserve requirement and provide an effective date. (consent) SUMMARY: Clearwater Solid Waste won the right to provide recycling to Clearwater through a bidding process that included proposals from private enterprises such as Waste Management, Kimmins Recycling, DisposAll, and Browning-Ferris Industries. Since its inception in Fiscal Year 1993-94, the Recycling Fund has been accounted for as a separate enterprise fund from the Solid Waste Fund, in order to provide transparency regarding the Recycling Fund’s financial condition. With the Department’s transition to single stream recycling, the amount of tons diverted from solid waste to recycling has dramatically increased. While this assists the Solid Waste Fund in reducing their disposal costs, it creates a financial burden on the Recycling Fund. This is due to the fact that the market prices for co-mingled commodity versus hand-sorted commodity, is significantly lower. This decrease in revenue generation has caused a financial hardship on the Recycling Fund. Staff believes that the time is right to combine these two funds (Solid Waste and Recycling) as demonstrated in the presentation just offered by Burton and Associates. APPROPRIATION CODE AND AMOUNT: This item will have no net financial impact to the Solid Waste Fund or the Recycling Fund. Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-568 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve establishing a new Capital Improvement Project entitled Transfer Station Rebuild (CIP 315-96447) for $1,000,000, to be funded from unappropriated retained earnings of the Solid Waste Fund, for preliminary site work to include but not limited to geotechnical surveys, land surveys, and preliminary design needed for the new Transfer Station facility. (consent) SUMMARY: Since 1970, the City of Clearwater has operated a centrally-located solid waste transfer station. This facility is used by department route trucks to increase efficiency, by allowing the trucks to dump quickly and return to route collection. At the time of its construction, the Transfer Station facility was projected to last for twenty years and handle up to 400 tons of waste weekly. Currently the facility is forty-four years old and is depended upon to handle an average of 340 tons of waste daily. The facility’s age, increased tonnage, increased maintenance requirements, and deterioration of the building and its foundation necessitates that a new facility be constructed. After preliminary designs and surveys are completed, the department will present to Council a total cost for the project. The total cost of the project is expected to be in the range of $18 million to $20 million. APPROPRIATION CODE AND AMOUNT: 0-424-00000-389902 Unappropriated Retained Earnings USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2014 ROI of $20MM investment with $3.3MM annual return Assumed interest rate for bonded debt Year 0 Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 PV Factor 1.0000 Transfer station cost 1.0000 Avoided 0.966184 Avoided cost 0.933511 Avoided cost 0.901943 Avoided cost 0.871442 Avoided cost 0.841973 Avoided cost 0.813501 Avoided cost 0.785991 Avoided cost 0.759412 Avoided cost 0.733731 Avoided cost 0.708919 Avoided cost 0.684946 Avoided cost 0.661783 Avoided cost 0.639404 Avoided cost 0.617782 Avoided cost 0.596891 Avoided cost 0.576706 Avoided cost 0.557204 Avoided cost 0.538361 Avoided cost 0.520156 Avoided cost 0.502566 Avoided cost cost - addt'l vehicles operational operational operational operational operational operational operational operational operational operational operational operational operational operational operational operational operational operational operational operational Modified internal rate of return over 20 years: assuming 3.5% finance rate; 2.0% reinvestment rate) 3.50% Cash Flow 20,000,000) 2,200,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 Discounted Cash Flow 20,000,000) 2,200,000 3,188,406 3,080,585 2,976,411 2,875,759 2,778,511 2,684,552 2,593,770 2,506,058 2,421,312 2,339,432 2,260,321 2,183,885 2,110,034 2,038,680 1,969,739 1,903,130 1,838,772 1,776,592 1,716,514 1,658,467 kt Cumulative 20,000,000) 17,800,000) 14,611,594) 11,531,009) 8,554,598) 5,678,839) 2,900,327) 215,775) 2,377,995 4,884,053 7,305,365 9,644,798 11,905,118 14,089,003 16,199,037 18,237,717 20,207,456 22,110,585 23,949,358 25,725,950 27,442,463 29,100,931 ki AP* Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-538 Agenda Date: 10/13/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a contract with Florida Division of Administrative Hearings (DOAH) to provide Hearing Officers for the Civil Service Administration and authorize the appropriate officials to execute same. (consent) SUMMARY: City of Clearwater Code of Ordinances, Chapter 2, Article IV, Division 2, as amended, establishes the Civil Service Administration. Section 2.285(1) specifically authorizes the City Commission to contract with DOAH to provide a Hearing Officer for the purpose of hearing appeals by classified employees who are suspended, demoted, or dismissed. DOAH offers agencies an impartial, efficient resource to hear and resolve disputes involving agency decisions in which a party has a right to a hearing. The contract rate is $148/hr plus expenses. In the past, the City has contracted with private attorneys to act as Civil Service Hearing Officers. The City is experiencing difficulty appointing Hearing Officers who will accept the current DOAH rate. The City has a current contract with DOAH, entered into in 2003, to provide Administrative Law Judges for appealing decisions rendered on variances and conditional uses by the Community Development Board. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2014 ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT This CONTRACT is between the City of Clearwater (City), Florida, 112 S. Osceola Avenue, Clearwater, FL 33756, and the State of Florida, Division of Administrative Hearings (DOAH). WHEREAS, Section 120.65, Florida Statutes, authorizes DOAH to provide Administrative Law Judges (ALJs) on a contract basis to any governmental entity; WHEREAS, Section 2.285, City Code of Ordinances authorizes the City Councilto contract with DOAH to provide hearing officers; WHEREAS, Citydesires to use the services of DOAH's ALJs to conduct hearings involving the City Civil Service Administration; and NOW, THEREFORE, the parties, for valuable consideration and the mutual promises between them, agree as follows: 1. Scope of Services. DOAH agrees to make ALJs available to City to act as hearing officers. The ALJs to be provided will be full-time judges employed by the State of Florida, Division of Administrative Hearings. The ALJs to be provided are experts in the adjudication of administrative disputes and such ALJs shall, where possible, be persons familiar with cases involving the issues at hand. The ALJs will conduct hearings and present a Proposed Order to the City Civil Service Board in accordance with Section 2.285, City Code of Ordinances and the City Civil Service Board Rules and Regulations. 2. Compensation. The fiscal year 2003-2004 General Appropriations Act, Chapter 2003-397, Laws of Florida, requires DOAH to renegotiate its contracts for ALJ services annually so that the hourly rate charged is based on a total-cost recovery methodology. The rate has been determined to be $148.00 per hour beginning October 1, 2014. DOAH will notify Cityof the amended hourly rate on or about the first day of September of each year. That rate will become effective on the first day of October of that same year. Cityagrees to compensate DOAH for each hour actually worked, and subsequently, at the hourly rate determined in accordance with the Florida Legislature's directive. This rate will apply for ALJ services in preparing for hearings, traveling to hearings, conducting hearings, and preparing ProposedOrders. 3. Expenses. Cityagrees to pay the actual travel expenses of the assigned ALJ in the amount provided pursuant toChapter 112, Florida Statutes. DOAH agrees, whenever possible, to arrange the travel schedule of such ALJ so that the ALJ can accomplish other work during a trip, and, in such instances, travel expenses and hourly compensation will be prorated for services to City. In the event a hearing is being conducted by video teleconferencing, Citywill reimburse DOAH at the current DOAH video teleconferencing rate. DOAH will submit invoices monthly and Cityagrees to remit payment monthly in accordance with Chapter 218, Part VII, Florida Statutes. DOAH agrees to provide Cityan itemized statement of the charges and costs in the invoice. 4. Contract Management. Deputy Chief Judge David M. Maloney or Administrative Services Director Lisa M. Mustain, shall provide contract management services under this Contract. 5. Term. This contract is for a term of one (1) year and will automatically renew for succeeding yearly periods one year from the date last signed. This Contract may be amended from time to time by mutual agreement of the parties, and may be terminated by either party for the convenience of that party upon thirty (30) days' written notice. 6. Request for Services. City, in order to obtain theservices for an ALJ, shall send a letter to the Chief Judge, Division of Administrative Hearings, requesting the services of an ALJ and shall include with such request a copy of any materials relevant to the request. DOAH shall provide an ALJ within thirty (30) days of receipt of the letter. 7. Effective Date. This Contract will become effective on the date the last signature is made. 8.Notices. All notices required or permitted by this Contract shall be in writing, and shall be deemed to have been duly given if mailed first-class, certified postage prepaid, addressed as follows: To City: City of Clearwater Civil Service Commission Attn: Joseph Roseto, Human Resources Director P.O. Box 4748 Clearwater, FL 33758-4748 727-562-4870 To DOAH: State of Florida, Division of Administrative Hearings Attn: Lisa M. Mustain, Administrative Services Director 1230 Apalachee Parkway Tallahassee, Florida 32399 850-488-9675 CITY OF CLEARWATER By:__________________________________ Date:________ William B. Horne, II City Manager Attest: By:__________________________________ Date:________ Rosemarie Call City Clerk Approved as to form: By:__________________________________ Date:________ Matthew M. Smith Assistant City Attorney DIVISIONOF ADMINSITRATIVE HEARINGS By:__________________________________ Date:________ David M. Maloney Deputy Chief Judge Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-07013 Agenda Date: 10/13/2014 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1452, 1473, and 1479 Grove Circle Court (Grove Circle Subdivision Lots 8, 12, and 13 in Section 2, Township 29 South, Range 15 East); and pass Ordinances 8596-14, 8597-14 and 8598-14 on first reading. (ANX2014-07013) SUMMARY: This voluntary annexation petition involves three parcels of land totaling 0.719 acres. Two parcels are occupied by a single -family dwelling, and the third parcel is currently vacant. The three lots are on Grove Circle Court generally south of Sunset Point Road (SR 576), east of Kings Highway, north of Palmetto Street, and west of North Highland Avenue . The applicants are requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City ’s Grove Circle Court Septic-to-Sewer Project. The properties are contiguous to existing City boundaries along at least one boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants will connect to the City ’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted Page 1 City of Clearwater Printed on 10/14/2014 File Number: ANX2014-07013 through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties are consistent with the uses allowed in the District and the properties exceed the District ’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2014 Ordinance No. 8596-14 ORDINANCE NO. 8596-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF KINGS HIGHWAY AND WEST OF NORTH HIGHLAND AVENUE, NORTH OF PALMETTO STREET AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF PORTIONS OF SECTION 02 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1452 GROVE CIRCLE COURT, 1473 GROVE CIRCLE COURT, 1479 GROVE CIRCLE COURT, ALL IN CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ANX2014-07013) The map attached as Exhibit B is hereby incorporated by reference. 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 and Development 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. 2 Ordinance No. 8596-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2014‐07013 ========================================================================================= No. Parcel ID Legal Description Address 1. 02-29-15-33750-000-0080 Lot 8 1452 Grove Circle Court 2. 02-29-15-33750-000-0120 Lot 12 1473 Grove Circle Court 3. 02-29-15-33750-000-0130 Lot 13 1479 Grove Circle Court The above in GROVE CIRCLE subdivision, as recorded in PLAT BOOK 43, PAGE 29, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 1513 14 5 4 14 4 0 14 3 4 14 2 8 1512 1606 1600 1758 1740 1722 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 2 6 14 1 8 14 0 8 14 1 2 1 4 5 5 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 5 6 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1609 1368 1487 1740Well 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 14 5 8 14 4 6 1513 1601 1601 00 0 8 1 1 1 1 1 1 14 5 9 14 6 5 14 5 0 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 1 14 6 9 14 5 1 1 1368 1 1 1 1 1720(Sig 1 -N o t t o S c a l e - -N o t a S u r v e y - Ordinance No. 8597-14 ORDINANCE NO. 8597-14 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 PROPERTIES LOCATED GENERALLY EAST OF KINGS HIGHWAY AND WEST OF NORTH HIGHLAND AVENUE, NORTH OF PALMETTO STREET AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF PORTIONS OF SECTION 02 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1452 GROVE CIRCLE COURT, 1473 GROVE CIRCLE COURT, 1479 GROVE CIRCLE COURT, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached exhibit A for legal descriptions Residential Low (RL) (ANX2014-07013) The map attached as Exhibit B is hereby incorporated by reference. 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. 8596-14. 2 Ordinance No. 8597-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2014‐07013 ========================================================================================= No. Parcel ID Legal Description Address 1. 02-29-15-33750-000-0080 Lot 8 1452 Grove Circle Court 2. 02-29-15-33750-000-0120 Lot 12 1473 Grove Circle Court 3. 02-29-15-33750-000-0130 Lot 13 1479 Grove Circle Court The above in GROVE CIRCLE subdivision, as recorded in PLAT BOOK 43, PAGE 29, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C I RL RU RU R/OS RU RU RU RU RL I KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 14 5 4 14 4 0 14 3 4 14 2 8 1512 1606 1758 1740 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 0 8 14 1 2 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1368 1487 1740Well 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 1513 14 5 8 14 4 6 1600 1513 1601 1601 00 0 8 1 1 1 1 1 1 1722 14 5 9 14 6 5 14 5 0 14 2 6 14 1 8 1 4 5 5 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 14 5 6 1 14 6 9 14 5 1 1368 1609 1720(Sig -N o t t o S c a l e - -N o t a S u r v e y - RL RL RL Ordinance No. 8598-14 ORDINANCE NO. 8598-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF KINGS HIGHWAY AND WEST OF NORTH HIGHLAND AVENUE, NORTH OF PALMETTO STREET AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF PORTIONS OF SECTION 02 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1452 GROVE CIRCLE COURT, 1473 GROVE CIRCLE COURT, 1479 GROVE CIRCLE COURT, ALL IN CLEARWATER, FLORIDA 33755, 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 properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. 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. 8596-14. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2014-07013) 2 Ordinance No. 8598-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2014‐07013 ========================================================================================= No. Parcel ID Legal Description Address 1. 02-29-15-33750-000-0080 Lot 8 1452 Grove Circle Court 2. 02-29-15-33750-000-0120 Lot 12 1473 Grove Circle Court 3. 02-29-15-33750-000-0130 Lot 13 1479 Grove Circle Court The above in GROVE CIRCLE subdivision, as recorded in PLAT BOOK 43, PAGE 29, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE I LMDR OS/R I C I 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 1513 14 3 4 14 2 8 1512 1606 1600 1758 1740 1722 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 2 6 14 1 8 14 0 8 14 1 2 1 4 5 5 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 5 6 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1609 1368 1487 1740Well MHD 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 14 5 8 14 5 4 14 4 6 14 4 0 1513 1601 1601 00 0 8 1 1 1 1 1 1 14 5 9 14 6 5 14 5 0 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 1 14 6 9 14 5 1 1368 1720(Sig -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 - Hart\Maps\Location_ANX2014-07013.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A ^ PROJECT SITE ^ HI G H L A N D A V E PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 - Hart\Maps\Aerial_ANX2014-07013.docx AERIAL PHOTOGRAPH Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 1473 1479 1452 KINGS HWY KINGS HWY FAIRMONT ST FAIRMONT ST N HIGHLAND AVE N HIGHLAND AVE SANDY LN SANDY LN PARKWOOD ST PARKWOOD ST GROVE CIRCLE CT GROVE CIRCLE CT WESTON DR WESTON DR CARLOS AVE CARLOS AVE BARBARA AVE BARBARA AVE -N o t t o S c a l e - -N o t a S u r v e y - S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 - Hart\Maps\Proposed_ANX2014-07013.docx PROPOSED ANNEXATION MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 1513 14 5 4 14 4 0 14 3 4 14 2 8 1512 1606 1600 1758 1740 1722 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 2 6 14 1 8 14 0 8 14 1 2 1 4 5 5 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 5 6 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1609 1368 1487 1740Well 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 14 5 8 14 4 6 1513 1601 1601 00 0 8 1 1 1 1 1 1 14 5 9 14 6 5 14 5 0 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 1 14 6 9 14 5 1 1 1368 1 1 1 1 1720(Sig 1 -N o t t o S c a l e - -N o t a S u r v e y - S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 - Hart\Maps\FLUM_ANX2014-07013.docx FUTURE LAND USE MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C I RL RU RU R/OS RU RU RU RU RL I KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 14 5 4 14 4 0 14 3 4 14 2 8 1512 1606 1758 1740 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 0 8 14 1 2 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1368 1487 1740Well 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 1513 14 5 8 14 4 6 1600 1513 1601 1601 00 0 8 1 1 1 1 1 1 1722 14 5 9 14 6 5 14 5 0 14 2 6 14 1 8 1 4 5 5 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 14 5 6 1 14 6 9 14 5 1 1368 1609 1720(Sig -N o t t o S c a l e - -N o t a S u r v e y - RL RL RL S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 - Hart\Maps\Zoning_ANX2014-07013.docx ZONING MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE I LMDR OS/R I C I 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 1513 14 3 4 14 2 8 1512 1606 1600 1758 1740 1722 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 2 6 14 1 8 14 0 8 14 1 2 1 4 5 5 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 5 6 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1609 1368 1487 1740Well MHD 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 14 5 8 14 5 4 14 4 6 14 4 0 1513 1601 1601 00 0 8 1 1 1 1 1 1 14 5 9 14 6 5 14 5 0 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 1 14 6 9 14 5 1 1368 1720(Sig -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 - Hart\Maps\Exisiting_ANX2014-07013.docx EXISTING SURROUNDING USES MAP Owner(s): MULTIPLE OWNERS Case: ANX2014-07013 Site: Generally east of Kings Highway and west of North Highland Avenue, north of Palmetto Street and south of Sunset Point Road. Property Size(Acres): 0.719 Land Use Zoning PIN: 02-29-15-33750-000-0080 02-29-15-37500-000-0120 02-29-15-37500-000-0130 From: To: RL R-3 RL LMDR Atlas Page: 261A 50 50 60 30 60 60 83 83 100 30 90288 33750 78646 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 33/03 33/04 33/06 33/05 33/02 5.58 9.68 2.41 2.5 30 33 60 6 0 60 60 30 33 30 60 60 60 60 60 60 80B C 1234567891011121314151617 1 2 3 423 24 25 26 12345678910 11 12 1314 15 16 17 18 19 20 1 2 324 25 26 A C(C) A C A C A C KINGS HWY FAIRMONT ST N HIGHLAND AVE SANDY LN PARKWOOD ST GROVE CIRCLE CT WESTON DR CARLOS AVE BARBARA AVE 14 8 5 14 9 1 14 6 7 1700 1604 16001601 1607 14 6 4 1600 1608 1513 14 5 4 14 4 0 14 3 4 14 2 8 1512 1606 1600 1758 1740 1722 14 6 1 1490 1484 1478 1472 1706 1718 14 8 8 14 8 0 14 8 4 14 7 4 14 7 1 14 4 1 14 4 7 14 3 5 14 2 9 14 5 3 14 0 1 14 0 7 14 6 6 14 3 6 14 3 0 14 2 6 14 1 8 14 0 8 14 1 2 1 4 5 5 1466 1745 1751 1735 1715 14 6 0 14 5 4 14 8 6 14 7 4 14 5 6 14 8 7 14 8 1 14 7 5 14 6 3 14 5 7 14 9 3 1759 1460 1609 1368 1487 1740Well 1 4 5 2 14 7 3 14 7 9 1606 14 7 0 14 5 8 14 4 6 1513 1601 1601 00 0 8 1 1 1 1 1 1 14 5 9 14 6 5 14 5 0 1701 14 4 0 13 73 13 7 3 34 14 8 0 14 6 8 14 6 2 1 14 6 9 14 5 1 1 1368 1 1 1 1 1720(Sig 1 -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential School Single Family Residential Kings Highway Recreation Center View looking west at the subject property, 1452 Grove Circle Court View looking southwest of the subject property View looking northeast of the subject propertyAcross the street, to the east of the subject property ANX2014-07013 Helen Stover 1452 Grove Circle Court View looking southerly along Grove Circle CourtView looking easterly along Grove Circle Court View looking south at the subject property, 1473 Grove Circle Court View looking west of the subject property View looking east of the subject propertyAcross the street, to the north of the subject property ANX2014-07013 Evelyn Hart 1473 Grove Circle Court View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court View looking south at the subject property, 1479 Grove Circle Court View looking east of the subject property View looking west of the subject propertyAcross the street, to the north of the subject property ANX2014-07013 Evelyn Hart 1479 Grove Circle Court View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-08014 Agenda Date: 10/13/2014 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the Annexation, initial Land Use Plan Designation of Residential Urban (RU) and initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) District for 1250 Palm Street and 1325 Idlewild Drive (consisting of portions of Section 03, Township 29 North, Range 15 East) together with all abutting right-of-way of Idlewild Drive; and pass Ordinances 8593-14, 8594-14 and 8595-14 on first reading. (ANX2014-08014) SUMMARY: These voluntary annexation petitions involve two parcels of land totaling 0.256 acres. Both parcels are occupied by single -family dwellings. Both lots are located generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (State Road 576) and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City and will connect to City sewer when it is available in the future as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to existing City boundaries to the east and south. It is proposed that the properties be assigned a Future Land Use Plan designation of Residential Urban (RU) and Zoning Atlas designations of Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. The applicants will connect to the City ’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available . Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have adverse effects on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 10/14/2014 File Number: ANX2014-08014 Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses with a density of 7.5 units per acre. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts. The use of the subject properties are consistent with the uses allowed in the Districts. One parcel meets the District ’s minimum lot area requirement and one would meet it through the Flexible Standard Development requirements. Both lots meet the District ’s minimum lot width requirement. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing City boundaries to the east and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2014 Ordinance No. 8593-14 ORDINANCE NO. 8593-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1250 PALM STREET AND 1325 IDLEWILD DRIVE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF IDLEWILD DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description (ANX2014-08014) The map attached as Exhibit B is hereby incorporated by reference. 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 and Development 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. 2 Ordinance No. 8593-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2014‐08014 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0260 Lot 26, Block A 1250 Palm Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-012-0110 Lot 11, Block L 1325 Idlewild Drive together with: - all Right of Way of Idlewild Drive abutting Lot 11. The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit B Proposed Annexation Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST 12 6 7 12 6 3 13 1 1 2071 2079 2081 2026 2020 2021 2 0 1 5 12 7 8 2087 2031 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2071 2053 2067 2070 2072 13 0 9 2048 13 0 0 2069 2010 2026 2028 13 0 0 2025 13 0 1 2022 12 9 1 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 4 5 12 4 2 2060 2064 12 8 3 12 7 9 12 7 5 12 6 7 12 4 5 12 8 2 12 6 2 12 8 3 2060 1333 2017 2075 2080A 13 2 5 12 6 5 12 5 5 12 5 9 2073 2083 2027 12 7 4 2020 2067 20252021 2077 2076 2057 2077 2081 2000 20492047 2052 13 1 0 2063 2065 13 1 0 13 1 7 2024 2028 2030 12 8 6 2022 12 5 4 12 5 0 12 4 6 12 9 3 12 5 5 12 5 1 12 4 7 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2066 12 5 5 12 5 7 12 5 1 12 3 9 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2031 2080B 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - Exhibit B Ordinance No. 8594-14 ORDINANCE NO. 8594-14 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 PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1250 PALM STREET AND 1325 IDLEWILD DRIVE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF IDLEWILD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal description Residential Urban (RU) (ANX2014-08014) The map attached as Exhibit B is hereby incorporated by reference. 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. 8593-14. 2 Ordinance No. 8594-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2014‐08014 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0260 Lot 26, Block A 1250 Palm Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-012-0110 Lot 11, Block L 1325 Idlewild Drive together with: - all Right of Way of Idlewild Drive abutting Lot 11. The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit B Future Land Use Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN RU RU RU RU RU RU RU RU RU RU RM RU RU RM RU UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST 12 6 7 12 6 3 13 1 1 2071 2079 2081 2026 2020 2 0 1 5 12 7 8 2087 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2071 2053 2067 2070 2072 13 0 9 2048 13 0 0 2069 2010 2026 2028 13 0 0 2025 13 0 1 2022 12 9 1 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 4 5 12 4 2 2060 2064 12 8 3 12 7 9 12 7 5 12 6 7 12 4 5 12 8 2 12 6 2 12 8 3 2060 1333 2017 2075 RURURU RM RURU RM RU RMWATER RU RU WATER RU RU RU RM 13 2 5 12 6 5 12 5 5 12 5 9 2073 2083 2027 2021 12 7 4 2031 2020 2067 20252021 2077 2076 2057 2077 2081 2000 20492047 2052 13 1 0 2063 2065 13 1 0 13 1 7 2024 2028 2030 12 8 6 2022 12 5 7 12 5 4 12 5 0 12 4 6 12 9 3 12 5 5 12 5 1 12 4 7 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2066 12 5 5 12 5 7 12 5 1 12 3 9 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2031 2080B 2080A 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - RU RU Exhibit B Location Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B ^ PROJECT SITE ^ PROJECT SITE DUNEDIN -N o t t o S c a l e - -N o t a S u r v e y - Aerial Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B DUNEDIN 1250 1325 UNION ST UNION ST BETTY LN BETTY LN IDLEWILD D R IDLEWILD D R THE M AL L THE M AL L PALM ST PALM ST PO I N S E T T A A V E PO I N S E T T A A V E BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST 12 6 7 12 6 3 13 1 1 2071 2079 2081 2026 2020 2021 2 0 1 5 12 7 8 2087 2031 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2071 2053 2067 2070 2072 13 0 9 2048 13 0 0 2069 2010 2026 2028 13 0 0 2025 13 0 1 2022 12 9 1 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 4 5 12 4 2 2060 2064 12 8 3 12 7 9 12 7 5 12 6 7 12 4 5 12 8 2 12 6 2 12 8 3 2060 1333 2017 2075 2080A 13 2 5 12 6 5 12 5 5 12 5 9 2073 2083 2027 12 7 4 2020 2067 20252021 2077 2076 2057 2077 2081 2000 20492047 2052 13 1 0 2063 2065 13 1 0 13 1 7 2024 2028 2030 12 8 6 2022 12 5 4 12 5 0 12 4 6 12 9 3 12 5 5 12 5 1 12 4 7 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2066 12 5 5 12 5 7 12 5 1 12 3 9 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2031 2080B 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN RU RU RU RU RU RU RU RU RU RU RM RU RU RM RU UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST 12 6 7 12 6 3 13 1 1 2071 2079 2081 2026 2020 2 0 1 5 12 7 8 2087 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2071 2053 2067 2070 2072 13 0 9 2048 13 0 0 2069 2010 2026 2028 13 0 0 2025 13 0 1 2022 12 9 1 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 4 5 12 4 2 2060 2064 12 8 3 12 7 9 12 7 5 12 6 7 12 4 5 12 8 2 12 6 2 12 8 3 2060 1333 2017 2075 RURURU RM RURU RM RU RMWATER RU RU WATER RU RU RU RM 13 2 5 12 6 5 12 5 5 12 5 9 2073 2083 2027 2021 12 7 4 2031 2020 2067 20252021 2077 2076 2057 2077 2081 2000 20492047 2052 13 1 0 2063 2065 13 1 0 13 1 7 2024 2028 2030 12 8 6 2022 12 5 7 12 5 4 12 5 0 12 4 6 12 9 3 12 5 5 12 5 1 12 4 7 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2066 12 5 5 12 5 7 12 5 1 12 3 9 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2031 2080B 2080A 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - RU RU Zoning Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST LMDR MDR 12 6 7 12 6 3 13 1 1 2081 2021 2087 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2066 12 7 1 12 6 3 13 3 0 13 2 2 2070 2072 13 0 9 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 1 7 13 0 1 2022 12 9 1 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 8 2 12 8 3 2060 1333 2080A LMDR LMDR 13 2 5 12 6 5 12 5 5 12 5 9 2073 2071 2079 2083 2027 2026 2020 2 0 1 5 12 7 4 12 7 8 2031 2020 2067 2048 2050 2058 20252021 2040 2044 12 5 9 2077 2076 2063 2049 2057 2071 2077 2081 2000 2049 2053 2067 2047 2048 2052 2063 2065 2069 2010 2024 2028 2030 12 8 6 12 6 6 12 6 2 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2017 2075 2031 2080B 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - LM D R MDR Existing Surrounding Uses Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST 12 6 7 12 6 3 13 1 1 2071 2079 2081 2026 2020 2021 2 0 1 5 12 7 8 2087 2031 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2071 2053 2067 2070 2072 13 0 9 2048 13 0 0 2069 2010 2026 2028 13 0 0 2025 13 0 1 2022 12 9 1 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 4 5 12 4 2 2060 2064 12 8 3 12 7 9 12 7 5 12 6 7 12 4 5 12 8 2 12 6 2 12 8 3 2060 1333 2017 2075 2080A 13 2 5 12 6 5 12 5 5 12 5 9 2073 2083 2027 12 7 4 2020 2067 20252021 2077 2076 2057 2077 2081 2000 20492047 2052 13 1 0 2063 2065 13 1 0 13 1 7 2024 2028 2030 12 8 6 2022 12 5 4 12 5 0 12 4 6 12 9 3 12 5 5 12 5 1 12 4 7 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2066 12 5 5 12 5 7 12 5 1 12 3 9 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2031 2080B 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 1250 Palm St.East of the subject property North of the subject propertyWest of the subject property Looking westerly along Palm Street Looking easterly along Palm Streetgyggyg ANX2014-08014 Multiple Property Owners 1250 Palm Street & 1325 IdlewildDrive View looking south at the subject property, 1325 IdlewildDr.East of the subject property North of the subject propertyWest of the subject property Looking westerly along IdlewildDriveLooking easterly along IdlewildDrivegyggyg ANX2014-08014 Multiple Property Owners 1250 Palm Street & 1325 IdlewildDrive Ordinance No. 8595-14 ORDINANCE NO. 8595-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1250 PALM STREET AND 1325 IDLEWILD DRIVE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF IDLEWILD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL (LMDR AND MDR); 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 properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. 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. 8593-14. Property Zoning District See attached Exhibit A for legal description LMDR (Low Medium Density Residential) and MDR (Medium Density Residential) (ANX2014-08014) 2 Ordinance No. 8595-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2014‐08014 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0260 Lot 26, Block A 1250 Palm Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-012-0110 Lot 11, Block L 1325 Idlewild Drive together with: - all Right of Way of Idlewild Drive abutting Lot 11. The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Zoning Map Owner: Multiple Owners Case: ANX2014-08014 Site: 1250 Palm Street and 1325 Idlewild Drive Property Size (Acres): ROW Size (Acres): 0.256 acres 0.138 acres Land Use Zoning PIN: 03-29-15-15840-001-0260 03-29-15-12060-012-0110 From : To: RU R-4 RU LMDR, MDR Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 15840 46998 80388 AB F G K L A B E 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 1 2 3 4 5 6 7 8 9 1011 75 76 106 107108 109 110 111 1 1 1 DUNEDIN UNION ST BETTY LN IDLEWILD DR THE M AL L PALM ST PO I N S E T T A A V E BERMUDA ST ARBELIA ST LMDR MDR 12 6 7 12 6 3 13 1 1 2081 2021 2087 13 3 1 13 2 1 13 2 5 13 1 7 13 3 7 2066 12 7 1 12 6 3 13 3 0 13 2 2 2070 2072 13 0 9 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 1 7 13 0 1 2022 12 9 1 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 8 2 12 8 3 2060 1333 2080A LMDR LMDR 13 2 5 12 6 5 12 5 5 12 5 9 2073 2071 2079 2083 2027 2026 2020 2 0 1 5 12 7 4 12 7 8 2031 2020 2067 2048 2050 2058 20252021 2040 2044 12 5 9 2077 2076 2063 2049 2057 2071 2077 2081 2000 2049 2053 2067 2047 2048 2052 2063 2065 2069 2010 2024 2028 2030 12 8 6 12 6 6 12 6 2 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 2056 2064 2035 20392043 2017 2075 2031 2080B 2068B 2068A -N o t t o S c a l e - -N o t a S u r v e y - MDR LMDR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-578 Agenda Date: 10/13/2014 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve a Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 14-32, and authorize the appropriate officials to execute same. (HDA2014-07004 - 40 Devon Drive) SUMMARY: Development Proposal: Following the City Council meeting of October 2, 2014, the applicant revised the proposal to include sidewalks along Devon Drive to match the existing and have included a bicycle rack on the first floor of the hotel. The owners propose to utilize the otherwise permitted density of 32 units and incorporate 66 units from the Hotel Density Reserve through Beach by Design resulting in a total of 98 units (149 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 0.659 acre portion within the T District. This proposal terminates DVA2010-08001 and allocates a total of 66 units to the project from the Hotel Density Reserve pursuant to Beach by Design. Consistency with the Community Development Code (CDC): No changes have been made to the Conceptual Site Plan presented at the October 2, 2014 City Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: §Minimum Lot Area and Width §Minimum Setbacks §Maximum Height §Minimum Off-Street Parking §Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the October 2, 2014 City Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: §Design Guidelines §Hotel Density Reserve § Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent Page 1 City of Clearwater Printed on 10/14/2014 File Number: ID#14-578 with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of 66 units from the Hotel Density Reserve or a maximum density of 148.7 units per acre; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 66 units from the Hotel Density Reserve under Beach by Design. Page 2 City of Clearwater Printed on 10/14/2014 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“Agreement”) is dated the ______ of __________, 2014, and entered into between DECADE SEA CAPTAIN, LLC (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing bod y thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach b y Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the Cit y to enter into binding development agreements with persons having a legal or equitable interest in real propert y located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach b y Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Densit y Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns .831 acres of real property (.659 zoned “T” and .172 zoned “LMDR”) ("Propert y") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Property was the subject of DVA2010-08001 which was approved by the City Council on January 13, 2011 for the allocation of 53 units from the Hotel Density Reserve; and WHEREAS, an amendment to DVA2010-08001 with application number DVA2010-08001A (53 units from the Hotel Density Reserve) was approved by the City Council on June 19, 2013; and WHEREAS, the Developer desires to enter into this Development Agreement with the City to develop the Property b y demolishing existing hotel rooms and other uses in order to construct 98 overnight accommodation units, meeting space for guest use, pool, new lobby and parking, generall y conforming to the architectural elevation dimensions shown in composite Exhibit “B”; and WHEREAS, DVA2010-08001 allocated 53 units from the Hotel Density Reserve; this agreement terminates DVA2010-08001 and FLD 2013-02007, and returns those units to the reserve; and WHEREAS, upon completion the planned resort will contain 98 overnight accommodation units, which includes 66 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the Cit y has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on , 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the Cit y's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach b y Design; and WHEREAS, Developer has approved this Agreement and has dul y authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently is zoned Tourist (T) and Low Medium Density residential (LMDR) with respective future land use designations of Resort Facilities High (RFH) and Residential Urban (RU). 3.2. The Propert y is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 40 Devon Dr., Clearwater, FL 33767, as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 98 overnight accommodation units. Of the 98 overnight accommodation units, 66 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 118 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach b y Design. 4.4 The density of the Project shall be 149 units per acre. In no instance shall the densit y of a parcel of land exceed 150 units per acre. The height of the Project shall be 100 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properl y recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the Cit y shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pa y the cost of such recording. The City shall submit to the Department of Economic Opportunity a cop y of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required b y law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City ma y den y future development approvals and/or certificates of occupancy for the Project, and ma y terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereb y agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Propert y in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternativel y, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the Cit y shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation s ystem shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a t ypical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed b y general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach b y Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 a.m., midnight, on Friday and Saturday. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they ma y govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 66 units from the Hotel Density Reserve as defined in Beach b y Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presentl y available to the Property from the sources indicated below. Development of the Property will be governed by the concurrenc y ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrenc y management for transportation facilities, and the transportation anal ysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Stud y Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupanc y. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Propert y include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Propert y is consistent with the terms this Agreement is consistent with the Cit y Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined b y the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement b y the Cit y, at the discretion of the Cit y and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Termination of Prior Development Agreements. DVA2010- 08001and DVA2010-08001A, are hereby terminated. This Termination shall be binding on the parties hereto and their respective successors and assigns. SECTION 12. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City ma y appl y laws and policies adopted subsequentl y to the Effective Date of this Agreement if the Cit y has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safet y, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided b y the Developer SECTION 13. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessit y of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 14. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties b y hand deliver y, by nationally recognized overni ght courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Sea Captain, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copy to: Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 If to Cit y: City of Clearwater, Cit y Manager ATTN: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properl y addressed, postage prepaid, notices or communications shall be deemed delivered and received on the da y of hand deliver y, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 15. Assignments. 15.1 By the Developer: 15.1.1 Prior to the Commencement Date, the Developer ma y sell, convey, assign or otherwise dispose of an y or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 15.1.2 If the assignee of the Developer’s right , title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the Cit y agrees to execute an instrument evidencing such release, which shall be in recordable form. 15.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entit y under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 15.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel b y virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 15.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specificall y provided herein. SECTION 16. Minor Non-Compliance. The Developer will not be deemed to have failed to compl y with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 17. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Propert y. SECTION 18. Approvals. Whenever an approval or consent is required under or contemplated b y this Agreement such approval or consent shall not be unreasonabl y withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 19. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed b y the parties hereto and recorded in the official records of the City. SECTION 20. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the bod y of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 21. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of an y section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and an y reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinar y meaning and should not be strictly construed against an y party hereto based upon draftsmanship. If an y term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 22. Partial Invalidity. If an y term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) da ys written notice to the other parties. SECTION 23. Code Amendments. Subsequently adopted ordinances and codes of the Cit y which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 24. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 25. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended b y mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN W ITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: DECADE SEA CAPTAIN, LLC, a limited liability company Print Name By: Name: Title: Print Name As to “Developer” CITY OF CLEARWATER, FLORIDA Print Name: By: William B Home II, City Manager Print Name As to “Cit y” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorney STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entity. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by W ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: EXHIBIT “A” PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Page 18 and 19, of the Public Records of Pinellas County, Florida. Together with a tract of land lying In Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Section 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence S.O5°32'30"W. along said Easterly right-of-way of Coronado Drive, a distance of 116.26 feet to the Northerly right-of-way of First Avenue; thence S.84°25'33"E. along said North right-of-way of First Avenue, a distance of 99.92 feet to the point of beginning; thence N.05°43'48"E., a distance of 178.11 feet to a point on the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall the following Eleven (11) courses and distances: (1) S.83°26'46"E., a distance of 78.43 feet, (2) Easterly along a curve to the right having a radius of 195.34 feet, an arc of 29.59 feet, a chord of 29.56 feet and a chord bearing of S.78°08'53"E., (3) Southeasterly along a curve to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of S.67°23'14"E., (4) S.55°02'38"E., a distance of 11.52 feet, (5) S.52°13'39"E., a distance of 15.22 feet, (6) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 39.26 feet, a chord of 39.20 feet and a chord bearing of S.45°10'29"E., (7) S.31°18 '16"E., a distance of 21.66 feet, (8) S.30°11'51"E., a distance of 11.36 feet, (9) S.30°23 '47"E., a distance of 44.42 feet, (10) S.30°40'13"E., a distance of 36.72 feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E. to the South boundary line of aforesaid Lot 2 (as occupied); thence N.84°27'50'W. along said South boundary line of Lot 2 (as occupied), a distance of 104.63 feet; thence S.70°43'12"W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84°27'30"W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Beginning. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, of the Public Records of Pinellas County, Florida, and lies between Lots 1 and 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Corner of Lot 2 and run thence S.84°27'04"E. 15 feet to the bulkhead line shown on said map or plat; thence along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 70.73 feet, a chord of 70.44 feet and a chord bearing of N.25°12'05"W., to the point of intersection of said bulkhead line with the projection of the North property line of said Lot 2, said point being 35 feet east of the northeast corner of said Lot 2; thence continue along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 83.28 feet, a chord of 82.80 feet and a chord bearing of N.44°56'24"W., to the intersection of said bulkhead line with the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall with the following: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of S.41°40'59"E.; thence S.31°18'16"E. 21.66 feet; thence S.30°11'51"E. 11.36 feet; thence S.30°23'47"E. 44.42 feet; thence S.30°40'13"E. 36.72 feet; thence along a cu rve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E., to the Point of Beginning. Containing 0.045 acres, more or less. EXHIBIT “B” Survey, Conceptual Site Plan, and Architectural Drawings CL E A R W A T E R H A R B O R ZO N E V E 1 3 ZO N E A E 1 2 ZO N E A E 1 2 ZO N E A E 1 1 EX I S T I N G B O A T D O C K S P/ L P/ L P/L P/L MA I N R O O F OPEN PARKINGBELOW SW I M M I N G P O O L & D E C K ACTIVITY DECK BELOW FU T U R E TO W N H O M E 15'-0"SETBACK 10'-0"SETBACK LM D R TO U R I S T DI S T R I C T 1ST STREET 1 AR C H I T E C T U R A L S I T E P L A N SC A L E : 3 / 3 2 " = 1 ' - 0 " PR O J E C T N O R T H N LA N D S C A P E A R E A BU I L D I N G E N T R Y / EX I T PU B L I C S I D E W A L K LA N D S C A P E A R E A LANDSCAPE AREALANDSCAPE AREA EXISTING SEAWALL EX I S T I N G S E A W A L L 45'-2"STEPBACK 18'-1" STEPBACK 15'-0" SETBACK 12'-0" 5'-0" 9'- 0 " 1 1 1 40 DEVON DRIVE IT E M : DA T E : SE A 1 4 . 0 1 IS S U E D A T E : SEA CAPTAIN HOTEL PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 7 . 2 5 CLEARWATER, FL A1 _ 0 SI T E P L A N Di m e n s i o n s t o s e a w a l l 9- 1 1 - 1 4 1 HDA2014-07004 Pl a n 2 40 De v o n Dr i v e 36 09 . 0 8 . 1 4 1 NORTH ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 2 SOUTH ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_1 EXTERIOR ELEVATIONS 2 WEST ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" TOP OF MECHANICAL EL.= +125'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " 12 ' - 0 " (VE 13) 1 EAST ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_2 EXTERIOR ELEVATIONS D E V O N D RIV E 1 S T S T R E E T DEVON DRIVE SOUTH WEST AERIAL NORTH EAST AERIAL 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_3 PERSPECTIVES SOUTH WEST ISOMETRIC SOUTH EAST ISOMETRIC NORTH EAST ISOMETRIC NORTH WEST ISOMETRIC 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_4 ISOMETRICS PROJECT NORTH N CLEARWATER HARBOR ZONE VE 13ZONE AE 12 P/L P/L P/L P/L P/L 1ST STREET 1 GROUND FLOOR SCALE: 3/32" = 1'-0" RAMP UP 6% MAX STAIR C STAIR A UP RAMP UP 6% MAX RA M P U P 6 % M A X FUTURE TOWNHOME LMDR TOURIST DISTRICT TRASH HOLDING AREA LINE OF BUILDING ABOVE OUTDOOR TERRACE LINE OF PARKING RAMP ABOVE 6 2 6 1 9 29 SPACES UP UP 84'-5" 63'-11" 17'-3" 60 ' - 7 " 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 17 ' - 4 " 18'-0"27'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 10 " 18 ' - 0 " 24 ' - 4 " 18 ' - 0 " BUILDING ENTRY/ EXIT STORAGE ZONE VE 13ZONE AE 12 ZONE AE 12ZONE AE 11 HC ELEVATOR LOBBY STAIR B 9'-0" TYP. 10'-0" SETBACK 10'-0" 20 ' - 3 " 15 ' - 0 " S E T B A C K 15 ' - 0 " S E T B A C K 2 3 PARKING FOR FUTURE TOWNHOME 5'-0" 35'-11"45'-9" 10 ' - 0 " 9' - 7 " 5' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_1 GROUND LEVEL 12 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP UP 6% MAX RAMP DN PROJECT NORTH N 1 LEVEL 2 SCALE: 3/32" = 1'-0" STAIR C STAIR A UP DNUP RAMP UP 6% MAX RA M P U P 6 % M A X 3 9 TRASH HOLDING AREA 6 2 1 9 3 33 SPACES3 6 STAIR B STORAGE ELEVATOR LOBBY HC 1 2 22'-0" 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_2 LEVEL 2 12 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP UP 6% MAX RAMP DN PROJECT NORTH N 1 LEVEL 3 SCALE: 3/32" = 1'-0" STAIR C STAIR A UP RAMP UP 6% MAX RA M P U P 6 % M A X 3 9 6 2 1 9 3 34 SPACES 3 6 STORAGE ELEVATOR LOBBY HC 11 DNUP STAIR B 2 22'-0" 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_3 LEVEL 3 PROJECT NORTH N 1 LEVEL 4 SCALE: 3/32" = 1'-0" 1 2 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP DN STAIR C STAIR A UP 3 9 22'-0" 2 LINE OF PARKING RAMP ABOVE SWIMMING POOL ABOVE 1 6 STORAGE ELEVATOR LOBBY 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " HC 6 24 SPACES RAMP UP 6% MAX 3 3 DNUP STAIR B LINE OF PARKING RAMP ABOVE OPEN TO BELOW 2 PARKING GARAGE TURN AROUND 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_4 LEVEL 4 PROJECT NORTH N 1 LEVEL 5 SCALE: 3/32" = 1'-0" 2 3 STAIR A UP DNUP ELEVATOR LOBBY OPEN TO BELOW ACTIVITY DECK SWIMMING POOL POOL DECK HOTEL LOBBY LOBBY LOUNGE LOBBY BAR KITCHEN EXERCISE ROOM STAIR B 14'-6" 43'-4" 14'-6" 32'-0" 70'-6" 16'-9" 5'-0" 5'-0" 5'-0" 42 ' - 6 " 35'-11" 37'-4" 3'-4" LAUNDRY ROOM 1 DINING AREA 16'-2"61'-7" 87 ' - 1 0 " ADMINISTRATION FRONT DESK 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_5 LEVEL 5 PROJECT NORTH N 1 LEVELS 6-9 SCALE: 3/32" = 1'-0" 7 8 9 10 GUEST CORRIDOR STAIR A UP 11 DNUP HSKP 1 2 3 4 5 6 16 15 14 13 12 17 GUEST CORRIDOR ELEVATOR LOBBY STAIR B POOL DECK BELOW 14'-6" 43'-4" 14'-6" 32'-0" 70'-6" 16'-9" 5'-0" 5'-0" 5'-0" 42 ' - 6 " 35'-11" 77'-0" 37'-4" 3'-4" 16'-2" VEND ACTIVITY DECK BELOW 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_6 LEVELS 6-9 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (“Declaration”) is made as of the ____ day of ____________, 2014, by DECADE SEA CAPTAIN, LLC, a Florida limited liability company (“Developer”). Developer is the owner of fee simple title to the real propert y described in Schedule “A” attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "Cit y"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach b y Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Desi gnation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The Cit y has granted, b y City Council Resolution , passed and approved on , 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Propert y in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the Cit y and the Designation, which rights, duties, obligations and responsibilities shall be binding on an y and all successors and assigns and will run with the title to the Real Propert y. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Densit y Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereb y acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the Cit y. 2. Covenant of Development, Use and Operation. Developer hereb y covenants and agrees to the development, use and operation of the Real Propert y in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Propert y is restricted as follows: 2.1.1 66 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a t ypical lobb y/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facilit y as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to compl y with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupanc y," "public lodging establishment," “hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propert y shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and securit y personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed b y the level of warning employed b y the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed b y the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Propert y with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the Cit y for an y expenses, including reasonable attorne ys' fees, which are incurred by the Cit y in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereb y, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN W ITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2014. In the Presence of: DECADE SEA CAPTAIN, LLC, a limited liability company. Print Name Print Name As to “Developer” By: Name: Title CITY OF CLEARWATER, FLORIDA Print Name: City Manager By: William B Home II, Print Name As to “Cit y” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorne y STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by W ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. My Commission Expires: Print: Notar y Public – State of Florida EXHIBIT “D” COVENANT OF UNIFIED USE P LEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of , 2014, by (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real propert y legall y described on Schedule "A" attached hereto and i ncorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Propert y a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularl y described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced b y a Notice of Commencement for the Project, the Real Propert y shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise conve y its right in and to the Real Property or an y portion or portions thereof to unrelated third-parties. Developer agrees that the Cit y shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN W ITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2014. In the Presence of: DECADE SEA CAPTAIN, LLC a limited liability company Print Name Print Name As to “Developer” By: Name: Title CITY OF CLEARWATER, FLORIDA By: Print Name: William B Home II, City Manager Print Name As to “Cit y” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorney STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by W ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires SCHEDULE A PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Page 18 and 19, of the Public Records of Pinellas County, Florida. Together with a tract of land lying In Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Section 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence S.O5°32'30"W. along said Easterly right-of-way of Coronado Drive, a distance of 116.26 feet to the Northerly right-of-way of First Avenue; thence S.84°25'33"E. along said North right-of-way of First Avenue, a distance of 99.92 feet to the point of beginning; thence N.05°43'48"E., a distance of 178.11 feet to a point on the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall the following Eleven (11) courses and distances: (1) S.83°26'46"E., a distance of 78.43 feet, (2) Easterly along a curve to the right having a radius of 195.34 feet, an arc of 29.59 feet, a chord of 29.56 feet and a chord bearing of S.78°08'53"E., (3) Southeasterly along a curve to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of S.67°23'14"E., (4) S.55°02'38"E., a distance of 11.52 feet, (5) S.52°13'39"E., a distance of 15.22 feet, (6) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 39.26 feet, a chord of 39.20 feet and a chord bearing of S.45°10'29"E., (7) S.31°18'16"E., a distance of 21.66 feet, (8) S.30°11'51"E., a distance of 11.36 feet, (9) S.30°23 '47"E., a distance of 44.42 feet, (10) S.30°40'13"E., a distance of 36.72 feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E. to the South boundary line of aforesaid Lot 2 (as occupied); thence N.84°27'50'W. along said South boundary line of Lot 2 (as occupied), a distance of 104.63 feet; thence S.70°43'12"W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84°27'30"W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Beginning. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, of the Public Records of Pinellas County, Florida, and lies between Lots 1 and 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Corner of Lot 2 and run thence S.84°27'04"E. 15 feet to the bulkhead line shown on said map or pla t; thence along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 70.73 feet, a chord of 70.44 feet and a chord bearing of N.25°12'05"W., to the point of intersection of said bulkhead line with the projection of the North property line of said Lot 2, said point being 35 feet east of the northeast corner of said Lot 2; thence continue along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 83.28 feet, a chord of 82.80 feet and a chord bearing of N.44°56'24"W., to the intersection of said bulkhead line with the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall with the following: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of S.41°40'59"E.; thence S.31°18'16"E. 21.66 feet; thence S.30°11'51"E. 11.36 feet; thence S.30°23'47"E. 44.42 feet; thence S.30°40'13"E. 36.72 feet; thence along a cu rve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E., to the Point of Beginning. Containing 0.045 acres, more or less. 40 Devon Dr. (HDA 2010‐08001A) 2014 1 Attachment C Beach by Design Criteria a) Density: DESIGN RESPONSE: The project will maintain an overnight accommodation density of 148 units per acre based on a 0. 659 acre parcel for a total of 98 units. This includes 85 base density units comprised of 32 Base Units plus 53 Units obtained previously from the Hotel Density Pool - FLD2013-02007, plus an additional 13 Density Units currently requested from the density pool.) b) Height & Separation: DESIGN RESPONSE: The additional maximum base flood elevation on site is (VE) 13 feet. The maximum allowable building height is 100 feet above the base flood elevation. The proposed building height is 100 feet zero inches above the base flood elevation, to top of roof, and 112 feet zero inches to top of roof top mechanical and stair towers. c) Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: The shape of the project site is close to a square, the first three floors of the building, the garage, maintains similar width and length dimensions; however the height of the base is significantly less than either of the two other dimensions. Above the garage base the tower portion maintains about a two to one width to length dimension. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: 40 Devon Dr. (HDA 2010‐08001A) 2014 2 The proposed design adds many horizontal steps in the building facades such that no one surface is longer than 100 feet without a break in the façade. See attached plans and elevations, 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: In the proposed elevation design, a significant portion of each façade is composed of windows, balconies, or articulated façade. The result is that over 60% of each façade is covered in windows and/or architectural decoration. See attached plans and elevations 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: The proposed design occupies approximately 35% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. See attached plans and elevations, 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: The building height is maintained at 100-feet. The height is allowed for in Beach by Design See attached plans and elevations, 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. DESIGN RESPONSE: The building will be designed to provide dining, recreation, and a mix of uses typical in a limited service Hotel. 40 Devon Dr. (HDA 2010‐08001A) 2014 3 d) Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: a) Fifteen feet (15') along arterials, b) Twelve feet (12') along local streets. DESIGN RESPONSE: The design proposes the required 15’ setback along 1st St. and Devon Drive for a portion of the building frontage, then the building stepback increases to 20’ and 25’. 2. Side and Rear Setbacks Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. DESIGN RESPONSE: 10’ setbacks are proposed. We are also proposing an 18 foot setback, to structure, along the existing seawall, with the building above cantilevering 8’ to a 10 foot setback 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: N/A b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). 40 Devon Dr. (HDA 2010‐08001A) 2014 4 DESIGN RESPONSE: N/A c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. DESIGN RESPONSE: N/A e. Required stepbacks shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: N/A e) Street-Level Facades The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. At least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a) street level facade means that portion of a building facade from ground level to a height of twelve feet (12') DESIGN RESPONSE: At least 60% of the street level facades are transparent. The facades open to the inset building entry and drop-off area. The garage is decoratively screened with metal screening. Additionally, as defined below, the buildings step back 15 feet or more from the street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, 40 Devon Dr. (HDA 2010‐08001A) 2014 5 b) transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped courtyard DESIGN RESPONSE: The buildings step back 15 feet or more from the street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, c) Parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. At the 2nd level we propose undecorated garage openings, however, the openings will still be modulated to coordinate with the general rhythm and pattern of the other building façade openings and windows. The openings in the parking area at the 3rd floor level is pulled back minimally 15 feet from the face of the building, effectively hiding the openings from pedestrian and higher levels. See attached plans and elevations, 2. Window coverings, and other opaque materials may cover not more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: Not more than 10% of the area of any street-level windows are opaqued, 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: Acknowledged, there are no retail accessory spaces planned for this building. 40 Devon Dr. (HDA 2010‐08001A) 2014 6 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: The design proposes a highly articulated building façade that differentiates the residential tower from the more average garage portion. At the garage entry we are proposing a two story decorative and articulated entrance. These façade articulations will serve to identify the available hotel activity areas and entrances. See attached plans and elevations f) Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. At the second level we propose undecorated garage openings, however, the openings will still be modulated to coordinate with the general rhythm and pattern of the other building façade openings and windows. The openings in the parking area at the 3rd floor level is pulled back minimally 15 feet from the face of the building, effectively hiding the openings from pedestrian and higher levels. See attached plans and elevations, g) Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich 40 Devon Dr. (HDA 2010‐08001A) 2014 7 boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: Signage shall be designed per code and submitted for approval along with the building permit. h) Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty- five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that: 1. Movement of pedestrians along the sidewalk is not obstructed; and non- pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Sidewalks, along the building frontage, shall align with the existing adjacent sidewalks and shall match the width of the existing adjacent sidewalks. Landscaping shall be designed per code and shall be submitted for approval at DRC application. i) Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: 40 Devon Dr. (HDA 2010‐08001A) 2014 8 Street Benches and trash receptacles area proposed along Devon Drive and shall be designed per code and submitted for approval at building permit. Bicycle racks will be provided within the ground floor garage. j) Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting, if provided by this owner, shall be designed per code and submitted for approval at building permit. k) Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: a. Tall enough to limit unsupervised access by small children, and b. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: There are no fountains planned for the property, at this time. L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. 40 Devon Dr. (HDA 2010‐08001A) 2014 9 DESIGN RESPONSE: The building colors are planned as a lighter and darker beige, sand and white, to coordinate with its sister building, Pier 60, next door. All colors proposed are to follow the BbD color palate. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; Or c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating paver styles as well as concrete. 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: There are no benches being proposed currently, for this proposal. 4. Color Palette A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: The building shall utilize the BbD color palates. CL E A R W A T E R H A R B O R ZO N E V E 1 3 ZO N E A E 1 2 ZO N E A E 1 2 ZO N E A E 1 1 EX I S T I N G B O A T D O C K S P/ L P/ L P/L P/L MA I N R O O F OPEN PARKINGBELOW SW I M M I N G P O O L & D E C K ACTIVITY DECK BELOW FU T U R E TO W N H O M E 15'-0"SETBACK 10'-0"SETBACK LM D R TO U R I S T DI S T R I C T 1ST STREET 1 AR C H I T E C T U R A L S I T E P L A N SC A L E : 3 / 3 2 " = 1 ' - 0 " PR O J E C T N O R T H N LA N D S C A P E A R E A BU I L D I N G E N T R Y / EX I T PU B L I C S I D E W A L K LA N D S C A P E A R E A LANDSCAPE AREALANDSCAPE AREA EXISTING SEAWALL EX I S T I N G S E A W A L L 45'-2"STEPBACK 18'-1" STEPBACK 15'-0" SETBACK 12'-0" 5'-0" 9'- 0 " 1 1 1 40 DEVON DRIVE IT E M : DA T E : SE A 1 4 . 0 1 IS S U E D A T E : SEA CAPTAIN HOTEL PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 7 . 2 5 CLEARWATER, FL A1 _ 0 SI T E P L A N Di m e n s i o n s t o s e a w a l l 9- 1 1 - 1 4 1 HDA2014-07004 Pl a n 2 40 De v o n Dr i v e 36 09 . 0 8 . 1 4 1 NORTH ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 2 SOUTH ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_1 EXTERIOR ELEVATIONS 2 WEST ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" TOP OF MECHANICAL EL.= +125'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " 12 ' - 0 " (VE 13) 1 EAST ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_2 EXTERIOR ELEVATIONS D E V O N D RIV E 1 S T S T R E E T DEVON DRIVE SOUTH WEST AERIAL NORTH EAST AERIAL 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_3 PERSPECTIVES SOUTH WEST ISOMETRIC SOUTH EAST ISOMETRIC NORTH EAST ISOMETRIC NORTH WEST ISOMETRIC 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_4 ISOMETRICS PROJECT NORTH N CLEARWATER HARBOR ZONE VE 13ZONE AE 12 P/L P/L P/L P/L P/L 1ST STREET 1 GROUND FLOOR SCALE: 3/32" = 1'-0" RAMP UP 6% MAX STAIR C STAIR A UP RAMP UP 6% MAX RA M P U P 6 % M A X FUTURE TOWNHOME LMDR TOURIST DISTRICT TRASH HOLDING AREA LINE OF BUILDING ABOVE OUTDOOR TERRACE LINE OF PARKING RAMP ABOVE 6 2 6 1 9 29 SPACES UP UP 84'-5" 63'-11" 17'-3" 60 ' - 7 " 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 17 ' - 4 " 18'-0"27'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 10 " 18 ' - 0 " 24 ' - 4 " 18 ' - 0 " BUILDING ENTRY/ EXIT STORAGE ZONE VE 13ZONE AE 12 ZONE AE 12ZONE AE 11 HC ELEVATOR LOBBY STAIR B 9'-0" TYP. 10'-0" SETBACK 10'-0" 20 ' - 3 " 15 ' - 0 " S E T B A C K 15 ' - 0 " S E T B A C K 2 3 PARKING FOR FUTURE TOWNHOME 5'-0" 35'-11"45'-9" 10 ' - 0 " 9' - 7 " 5' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_1 GROUND LEVEL 12 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP UP 6% MAX RAMP DN PROJECT NORTH N 1 LEVEL 2 SCALE: 3/32" = 1'-0" STAIR C STAIR A UP DNUP RAMP UP 6% MAX RA M P U P 6 % M A X 3 9 TRASH HOLDING AREA 6 2 1 9 3 33 SPACES3 6 STAIR B STORAGE ELEVATOR LOBBY HC 1 2 22'-0" 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_2 LEVEL 2 12 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP UP 6% MAX RAMP DN PROJECT NORTH N 1 LEVEL 3 SCALE: 3/32" = 1'-0" STAIR C STAIR A UP RAMP UP 6% MAX RA M P U P 6 % M A X 3 9 6 2 1 9 3 34 SPACES 3 6 STORAGE ELEVATOR LOBBY HC 11 DNUP STAIR B 2 22'-0" 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_3 LEVEL 3 PROJECT NORTH N 1 LEVEL 4 SCALE: 3/32" = 1'-0" 1 2 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP DN STAIR C STAIR A UP 3 9 22'-0" 2 LINE OF PARKING RAMP ABOVE SWIMMING POOL ABOVE 1 6 STORAGE ELEVATOR LOBBY 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " HC 6 24 SPACES RAMP UP 6% MAX 3 3 DNUP STAIR B LINE OF PARKING RAMP ABOVE OPEN TO BELOW 2 PARKING GARAGE TURN AROUND 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_4 LEVEL 4 PROJECT NORTH N 1 LEVEL 5 SCALE: 3/32" = 1'-0" 2 3 STAIR A UP DNUP ELEVATOR LOBBY OPEN TO BELOW ACTIVITY DECK SWIMMING POOL POOL DECK HOTEL LOBBY LOBBY LOUNGE LOBBY BAR KITCHEN EXERCISE ROOM STAIR B 14'-6" 43'-4" 14'-6" 32'-0" 70'-6" 16'-9" 5'-0" 5'-0" 5'-0" 42 ' - 6 " 35'-11" 37'-4" 3'-4" LAUNDRY ROOM 1 DINING AREA 16'-2"61'-7" 87 ' - 1 0 " ADMINISTRATION FRONT DESK 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_5 LEVEL 5 PROJECT NORTH N 1 LEVELS 6-9 SCALE: 3/32" = 1'-0" 7 8 9 10 GUEST CORRIDOR STAIR A UP 11 DNUP HSKP 1 2 3 4 5 6 16 15 14 13 12 17 GUEST CORRIDOR ELEVATOR LOBBY STAIR B POOL DECK BELOW 14'-6" 43'-4" 14'-6" 32'-0" 70'-6" 16'-9" 5'-0" 5'-0" 5'-0" 42 ' - 6 " 35'-11" 77'-0" 37'-4" 3'-4" 16'-2" VEND ACTIVITY DECK BELOW 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_6 LEVELS 6-9 2 NE MASSING MODEL NTS 1 SW MASSING MODEL NTS 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_5 MASSING MODEL UPDATED 09/19/2014 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed FLD2009-03013 / DVA2009-00001 Wells 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed FLD2008-12033 / DVA2008-00002 Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011 Total Number of Rooms Allocated from Reserve 114 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 11/17/2014 FLD2009-08026 / DVA2009-00002 Wells 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 11/17/2014 FLD2009-08027 / DVA2009-00003 Wells 40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 5/21/2015 FLD2013-02007 / DVA2010-08001A Jackson one year time extension granted - DOfor FLD2013-02007 expires 05-21-15 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 FLD2012-03008/DVA2012-03001 Jackson one year time extension granted - DOfor FLD2012-03008 expires 09-16-14; Building Permit applied for: BCP2014-08618 - submitted 08-29-14 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 FLS2013-02006 / DVA2013-02001 Nurnberger 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 6/19/2015 FLD2013-03011 / DVA2013-03001 Nurnberger Came in for additional site plan approval and a revision to the HDA - see FLD2014-03007/HDA2014-02001 691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 12/17/2015 HDA2013-08001/FLD2013-08028 Nurnberger 325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 HDA2013-08004 Parry 353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 6/19/2015 HDA2013-08005 Parry 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 HDA2013-08007 Parry The maximum amount of units allotted is 69 although as few as 39 may be used. It is possible that 30 units may be returned to the Reserve. Term. Of Status for density approved October 15, 2013, see FLD2013-08025 715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 2/20/2015 HDA2013-12008 Parry The acreage is the portion of the site remaining after subtracting the amount of land needed to support 74 attached dwelling units. The total site is 4.38 acres (zoned T). 2.067 acres is requried for the residential part leaving 2.313 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 4/16/2015 FLD2014-03007/HDA2014-02001 Nurnberger 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 FLD2013-11038/FLD2014-06019/ HDA2014-04002 Parry site plan as related to HDA214-04002 approved as part of FLD201311038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 (pending DRC review) 405 Coronado Drive 100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 HDA2013-08006 Parry 401 South Gulfview Boulevard (Alanik)100 227 1.953 117.00 98 N/A 9/18/2014 9/18/2015 HDA2014-06004 Parry Total Number of Rooms Allocated from Reserve 1,123 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 40 Devon Drive (Sea Captain)13 98 0.659 148.70 32 N/A PENDING PENDING HDA2014-07004 Jackson DRC Meeting: 09-04-14; Tentative CC 1st Reading: 10/02/14 and 2nd Reading: 10-15-14 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A PENDING PENDING HDA2014-08007 Parry Scheduled DRC meeting: 10-02-14; Tentative CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-14 706 Bayway 15 32 0.349 91.69 17 N/A PENDING PENDING HDA2014-08006 Parry Scheduled DRC meeting: 10-02-14; Tentative CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-14 405/408 East Shore Drive 20 N/A PENDING PENDING Jackson Total Number of Rooms Pending Allocation 148 Total Number of Rooms in Reserve 1,385 Total Number of Rooms Allocated from Reserve 1,237 Total Number of Rooms Pending Allocation 148 Total Remaining For Allocation 0 APPROVED HOTEL DENSITY RESERVE PROJECTS PENDING HOTEL DENSITY RESERVE PROJECTS CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS 1 HOTELDENSITYRESERVEDEVELOPMENTAGREEMT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“Agreement”) is dated the ______of __________, 2014, and entered into between DECADE SEA CAPTAIN, LLC (“Developer"),itssuccessorsand assigns,andthe CITY OF CLEARWATER,FLORIDA,amunicipalcorporationofthe StateofFloridaacting through its CityCouncil, thegoverningbodythereof("City"). RECITALS: WHEREAS,oneofthemajorelementsoftheCity'srevitalizationeffortisa specialareaplanfortherevitalizationofClearwaterBeachadoptedundertheprovisions ofthe Florida GrowthManagementAct,FloridaStatutesChapter163,PartII,andentitled Beach byDesign; and WHEREAS,Florida StatutesSections163.3220-163.3243,theFloridaLocal Government Development Agreement Act ("Act"), authorize the City to enter into binding developmentagreementswithpersonshaving alegalorequitableinterestinreal propertylocated within thecorporatelimits oftheCity; and WHEREAS,underSection163.3223oftheAct,theCityhasadoptedSection4- 606oftheCity ofClearwaterCommunity DevelopmentCode("Code"),establishing procedures and requirements to considerand enterinto development agreements; and WHEREAS,BeachbyDesignproposedthedevelopmentofhotelunitstoequalize developmentopportunitiesonthebeachandensure ClearwaterBeachremainsa quality, family resortcommunity,andfurtherprovidedforalimitedpoolofadditionalhotelunits ("Hotel DensityReserve")to bemadeavailableforsuch mid-sized hotel projects; and WHEREAS,theDeveloperowns.831acresofrealproperty(.659 zoned “T” and .172 zoned “LMDR”)only the real property zoned “T” is the subject of this Agreement ("Property")inthe corporatelimitsoftheCity,moreparticularlydescribedonExhibit "A"attachedhereto and incorporated herein; and WHEREAS, the Property was the subject of DVA2010-08001whichwas approved bythe City Council on January 13, 2011 for the allocation of 53 units from the Hotel Density Reserve; and WHEREAS, an amendment to DVA2010-08001with application number DVA2010-08001A (53 units from the Hotel Density Reserve) was approved by the City Council on June 19, 2013; and WHEREAS, the Developer desires toenter into this Development Agreement with the City todevelop the Property by demolishing existing hotelroomsandother usesinordertoconstruct98overnightaccommodationunits, meeting spaceforguestuse, pool,newlobbyandparking on the .659acres zoned “T” (“Planned Resort”) and also, 2 generally conforming to the architectural elevation dimensions shown in composite Exhibit “B”; and WHEREAS,DVA2010-08001 allocated 53 units from the Hotel Density Reserve; this agreement terminates DVA2010-08001 and FLD2013-02007,and returns those units to the reserve and allocates 66 units from the Hotel DensityReserveto this planned resort; and; WHEREAS,uponcompletionthe plannedresortwillcontain98overnight accommodationunits,whichincludes66unitsfromtheavailableHotelDensity Reserve (“ReserveUnits”); and WHEREAS,theCityhasconductedsuchpublichearingsasarerequiredbyandin accordance withFloridaStatutesSection163.3225,Code Sections4-206and4-606,and anyotherapplicablelaw;and WHEREAS,theCityhasdeterminedthat,asofthedateofthisAgreement,the proposedprojectisconsistentwiththe City'sComprehensivePlanandLandDevelopment Regulations; and WHEREAS,at a duly noticed and convened public meeting on , 2014, the City Councilapproved this Agreement and authorized and directed its execution bytheappropriateofficials oftheCity;and WHEREAS, approval of this Agreement is in the interests of the City in furtheranceoftheCity'sgoalsofenhancingtheviability oftheresortcommunityandin furtheranceoftheobjectives ofBeachbyDesign;and WHEREAS,DeveloperhasapprovedthisAgreementandhasduly authorized certain individuals to executethis Agreement onDeveloper's behalf. STATEMENTOFAGREEMENT Inconsiderationofandinrelianceuponthe premises,themutualcovenants containedherein,andothergoodandvaluableconsideration,thereceiptandsufficiency ofwhichareherebyacknowledged,thepartiesheretointending tobelegally boundandin accordancewith theActand Code, agreeasfollows: SECTION 1.Recitals.Theaboverecitalsaretrueandcorrectandareapartof this Agreement. SECTION 2.Incorporation of the Act. This Agreement is entered into in compliancewithandundertheauthorityoftheCodeandtheAct,thetermsofwhichasof thedateofthisAgreementareincorporatedhereinbythisreferenceandmadeapartof thisAgreement.WordsusedinthisAgreementwithoutdefinitionthatare definedinthe Act shall havethesamemeaningin this Agreement as in theAct. 3 SECTION 3.PropertySubjecttothisAgreement.The.659 acres ofreal propertythat is zoned “T” anddescribedin Exhibit "A"is subject to this Agreement ("Property"). 3.1 The Property currently is zoned Tourist (T) and Low Medium Density residential (LMDR) with respective future land use designations of Resort Facilities High (RFH) and Residential Urban (RU). 3.2.ThePropertyisownedinfeesimpleorundercontracttobeownedinfee simplebytheDeveloper. 3.3 The Property is generally locatedat 40 DevonDr., Clearwater, FL 33767, as furtherdescribed in Exhibit “A”. SECTION 4.ScopeofProject. 4.1 TheProjectshallconsistof98overnightaccommodationunits. Ofthe 98overnight accommodation units, 66units shall befrom theHotel DensityReserve. 4.2 TheProjectshallincludeaminimumof118parkingspaces,asdefinedin theCode. 4.3 ThedesignoftheProject,asrepresentedinExhibit“B”,isconsistentwith BeachbyDesign. 4.4 ThedensityoftheProjectshallbe149unitsperacre. Innoinstanceshall thedensityofaparceloflandexceed150unitsperacre.TheheightoftheProjectshallbe 100feetmeasuredfromBaseFloodElevation,asdefinedinthe Code. The maximum building heightsofthevariouscharacterdistrictscannotbeincreasedtoaccommodate hotel rooms allocated from theHotel DensityReserve. SECTION 5.EffectiveDate/Durationofthis Agreement. 5.1 ThisAgreementshallnotbeeffective untilthisAgreementisproperly recordedinthepublic recordsofPinellasCounty,Florida pursuanttoFlorida Statutes Section 163.3239 and CodeSection 4-606. 5.2 Withinfourteen(14)daysaftertheCity approvestheexecutionofthis Agreement,theCity shallrecordtheAgreementwiththeClerkoftheCircuitCourtfor PinellasCounty.TheDevelopershallpaythecostofsuchrecording.TheCityshall submittotheDepartmentofEconomicOpportunityacopyoftherecordedAgreement within fourteen (14)daysaftertheAgreement is recorded. 5.3 ThisAgreementshallcontinue ineffectfor ten(10)yearsunlessearlier terminated as set forth herein. SECTION 6.Obligationsunderthis Agreement. 4 6.1 ObligationsoftheDeveloper: 6.1.1 Theobligations underthis Agreement shall bebindinguponand the benefits ofthis Agreement shall inureto theDeveloper,its successorsin interests or assigns. 6.1.2 AtthetimeofdevelopmentoftheProperty,theDeveloperwill submitsuchapplicationsanddocumentationasarerequiredby lawandshallcomplywith theCodeapplicableat thetimeofbuildingpermit review. 6.1.3 The following restrictionsshall applyto development of the Property: 6.1.3.1 ToretainthegrantofReserveUnitsprovidedforherein, theProperty andimprovementslocatedthereonshallbedevelopedin substantialconformancewiththeConceptualSite PlanattachedasExhibit "B". Any modificationsdeterminedby thePlanningDirectoraseither inconsistent with attached Exhibit “B” or constituting a substantial deviationfromattachedExhibit“B” shallrequire anamendmenttothis Agreementinaccordance withthe proceduresofthe Actandthe Code,as necessary andapplicable.Any andallsuchapprovedandadopted amendmentsshallberecordedinthe publicrecordsof PinellasCounty, Florida. 6.1.3.2 The Developershallobtainappropriatesite planapproval pursuantto aLevelOneorLevelTwo developmentapplication within one (1)year fromthe effective date of thisAgreementinaccordance withthe provisionsofthe Code,andshallthenobtainappropriatepermitsand certificatesofoccupancy inaccordancewiththeprovisionsoftheCode. Nothing hereinshallrestrictDeveloperfromseekinganextensionofsite planapprovalorotherdevelopmentorderspursuanttotheCodeorstate law. Intheeventthatworkisnotcommencedpursuanttoissuedpermits, orcertificatesofoccupancy arenottimelyissued,theCitymaydenyfuture developmentapprovalsand/orcertificatesofoccupancyfortheProject, and mayterminatethis Agreement in accordancewith Section 10. 6.1.3.3 The Developer shallexecute,prior tocommencementof construction,amandatoryevacuation/closurecovenant,substantially inthe formofExhibit"C",stating thattheaccommodationusewillcloseassoon aspracticable aftera hurricane watchthatincludesClearwaterBeachis posted bytheNational HurricaneCenter. 6.1.4 CovenantofUnifiedUse.Priortotheissuanceofthefirstbuildingpermit forthePlanned Resort,theDeveloperhereby agreestoexecutethecovenantofunified useand developmentprovidingthatthePlannedResortshallbedevelopedand usedas asingleproject,theformofwhichcovenantisattachedasExhibit "D";provided however, thatnothing shallprecludetheDeveloperfromselling alloraportionofthe Developer's 5 PropertyintheeventthatDeveloperdeterminesnottoconstructtheProject. Itis understoodandagreedthat,inthe eventthatthe Developer entersintothe anticipated covenantofunifieduseanddevelopment,andtheDeveloperelectsnottoconstructthe ProjectandnotifiestheCity ofitselectioninwriting,and,alternatively,asofthedateof expiration,terminationorrevocationnorightsofDeveloperremainorwillbe exercisedto incorporatetheHotelDensity ReserveUnitsintotheProject,theCity shallexecuteand deliver tothe Developera terminationof suchcovenantof unifieduse anddevelopment suitableforrecordingin thePublicRecords ofPinellas County, Florida. 6.1.5 ReturnofUnitstoReservePool.AnyReserveUnitsgrantedtoDeveloper nottimely constructedinconjunctionwiththeProjectshallbereturnedtotheHotel DensityReserveand beunavailableto Developerforuseon theProject. 6.1.6 TransientUse. Areservationsystemshallberequiredasanintegralpartof the hoteluseandthere shallbe alobby/frontdeskarea thatmustbe operatedasa typical lobby/frontdeskareafora hotelwouldbe operated. Accesstoovernightaccommodation unitsmustbeprovidedthroughalobbyandinternalcorridor. Allunitsinthehotelshall be made available tothepublic asovernighttransienthotelguestsatalltimesthroughthe requiredhotelreservationsystem. Occupancy inthehotelislimitedtoatermoflessthan one(1)monthorthirty-one(31)consecutivedays,whicheverisless. Unitsinthehotel shall not beused as aprimaryorpermanent residence. 6.1.7 NoFullKitchens. Nounitshallhaveacompletekitchenfacilityasthat term is used in thedefinition of“dwellingunit”intheCode. 6.1.8 InspectionofRecords. Developershallmakeavailable for inspectionto authorizedrepresentativesoftheCity itsbooksandrecordspertainingtoeachHotel DensityReserveunituponreasonablenoticetoconfirmcompliancewiththeseregulations as allowed bygeneral law. 6.1.9 CompliancewithDesignGuidelines. TheDeveloperagreestocomply with theDesignGuidelines as set forth in SectionVII. ofBeach byDesign. 6.1.10Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m.on Sunday through Thursday, or after 12:00a.m., midnight,on Friday and Saturday. 6.2 Obligations oftheCity. 6.2.1 TheCity shallpromptly processsiteandconstructionplan applicationsfortheProperty thatareconsistentwiththeComprehensivePlanand theConcept Plan and that meet therequirements oftheCode. 6.2.2 ThefinaleffectivenessoftheapplicationsreferencedinSection 6.2.1 is subject to: 6.2.2.1 TheprovisionsofChapters163and166,FloridaStatutes,as 6 theymaygovern suchamendments; and 6.2.2.2 Theexpirationofanyappealperiodsor,ifanappealisfiled, at theconclusion ofsuchappeal. 6.2.3 UponadoptionofthisAgreement,theProjectshallreceive66 unitsfromtheHotelDensity ReserveasdefinedinBeachbyDesign,contingent upon theprovisions ofSection 6.1.5. SECTION7.PublicFacilitiestoServiceDevelopment.Thefollowing public facilitiesarepresentlyavailabletotheProperty fromthesourcesindicatedbelow. DevelopmentofthePropertywillbegovernedbytheconcurrency ordinanceprovisions applicableatthetimeofdevelopmentapproval.Therequirementsforconcurrency asset forth in Article4, Division 9, oftheCode, havebeen satisfied. 7.1 Potable water is available from the City. The Developer shall be responsibleforall necessarymain extensions and applicableconnection fees. 7.2 SewerserviceiscurrentlyprovidedbytheCity.TheDevelopershallbe responsibleforall necessarymain extensions and applicableconnection fees. 7.3 Fireprotection from theCity. 7.4 DrainagefacilitiesforthePropertywillbeprovidedbytheDeveloperat theDeveloper's soleexpense. 7.5 TheProjectshallcomplywiththeMetropolitanPlanningOrganization’s [MPO]or itssuccessor’scountywideapproachtotheapplicationof concurrency managementfor transportationfacilities,andthe transportationanalysisconductedfor the Project shall includethefollowing: •Recognition ofstandarddatasources as established bytheMPO; •Identificationoflevelofservice(LOS)standardsforstateandcountyroadsas established bytheMPO; •Utilizationof proportional fair-share requirements consistent with Florida Statutes and theMPO model ordinance; •Utilization oftheMPO TrafficImpact StudyMethodology; and •RecognitionoftheMPOdesignationof“ConstrainedFacilities”assetforthin themost current MPO AnnualLevel ofServiceReport. 7.6 Allimprovementsassociatedwiththepublic facilities identified in Subsections7.1through7.5shallbecompletedpriortotheissuanceofany certificateof occupancy. 7.7 Developeragreestoprovideacashier’scheck,a paymentandperformance bond,orletterofcreditintheamountof115%oftheestimatedcostsofthepublic facilitiesandservices,tobedepositedwiththeCitytosecureconstructionofanynew 7 publicfacilitiesandservicesrequiredtobeconstructedby thisAgreement. Such constructionshallbecompletedpriortoissuanceofaCertificateofOccupancyforthe Project. SECTION 8.RequiredLocal Government Approvals. The required local governmentdevelopmentapprovalsfordevelopmentoftheProperty include,without limitation, thefollowing: 8.1 Siteplanapproval(s)andassociatedutilitylicenses,access,andright-of- wayutilization permits; 8.2 Construction plan approval(s); 8.3 Buildingpermit(s); 8.4 Certificate(s)ofoccupancy;and SECTION 9.FindingofConsistency.TheCityfindsthatdevelopmentofthe Property isconsistentwiththetermsthisAgreementisconsistentwiththeCity ComprehensivePlan andtheCode. SECTION10. Termination. Ifthe Developer'sobligationssetforthinthis Agreementarenotfollowedinatimelymanner,asreasonablydeterminedbytheCity Manager,afternoticetotheDeveloperandanopportunity tobeheard,existingpermits shallbeadministratively suspendedandissuanceofnewpermitssuspendeduntilthe Developerhasfulfilleditsobligations.Failuretotimelyfulfillitsobligationsmayserveas abasisforterminationofthisAgreementbytheCity,atthediscretionoftheCityand afternoticeto theDeveloperand an opportunityfortheDeveloperto beheard. SECTION 11. TERMINATION OF PRIOR DEVELOPMENT AGREEMENTS. DVA2010-08001andDVA2010-08001A, are hereby terminated. This Termination shall be binding on the parties hereto and their respective successors and assigns. SECTION12. OtherTermsandConditions. Exceptin thecaseoftermination, untilten(10)yearsafterthedateofthisAgreement,theCity mayapplylawsandpolicies adoptedsubsequently totheEffectiveDateofthisAgreementiftheCityhasheldapublic hearingand determined: (a)They arenotinconflictwiththelawsandpoliciesgoverning the Agreement and do not prevent development of the land uses, intensities, ordensities in theAgreement; (b)Theyareessential to thepublichealth, safety, orwelfare, andexpressly statethatthey shallapply toadevelopmentthatissubjecttoa development agreement; (c) Theyarespecificallyanticipated and provided forin this Agreement; (d) TheCitydemonstratesthatsubstantialchangeshaveoccurredin pertinentconditionsexisting atthetimeofapprovalofthisAgreement; 8 or (e) ThisAgreementisbasedonsubstantiallyinaccurateinformation provided bytheDeveloper SECTION13. Compliance withLaw. Thefailure ofthisAgreementtoaddress anyparticularpermit,condition,termorrestrictionshallnotrelievetheDeveloperfrom thenecessity ofcomplyingwiththelawgoverningsuchpermittingrequirements, conditions, terms orrestrictions. SECTION14. Notices. Noticesandcommunicationsrequiredordesiredtobegiven underthisAgreementshallbegiventothepartiesby handdelivery,by nationally recognizedovernightcourierservicesuchasFederalExpress,orby certifiedmail,return receiptrequested,addressedasfollows(copiesasprovidedbelowshall berequiredfor propernoticeto begiven): Ifto theDeveloper:Decade Sea Captain, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copyto:Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 Ifto City:CityofClearwater, CityManager ATTN: City Manager 112 South OsceolaAvenue Clearwater, FL33756 Properly addressed, postage prepaid, notices or communications shall be deemed deliveredandreceivedonthedayofhanddelivery,thenextbusinessdayafterdeposit withanovernightcourierservicefornextday delivery,oronthethird(3rd)day following depositinthe UnitedStatesmail,certifiedmail,returnreceiptrequested.The partiesmay change the addressessetforthabove (includingthe additionof a mortgagee toreceive copies ofall notices), bynoticein accordancewith this Section. SECTION 15.Assignments. 15.1 BytheDeveloper: 15.1.1PriortotheCommencementDate,theDevelopermay sell,convey, assignorotherwisedisposeofanyorallofitsright,title,interestandobligations inandtotheProject,orany partthereof,only withthepriorwrittennoticetothe City,providedthatsuchparty (hereinafterreferredtoasthe"assignee"),tothe extent ofthesale,conveyance,assignment orotherdisposition bytheDeveloperto theassignee,shallbeboundby thetermsofthisAgreementthesameasthe DeveloperforsuchpartoftheProjectasis subjecttosuchsale,conveyance, 9 assignment orotherdisposition. 15.1.2 If the assignee of the Developer's right, title, interest and obligationsinandtotheProject,orany partthereofassumesalloftheDeveloper's obligationshereunder forthe Project,or thatpartsubjecttosuchsale,conveyance, assignmentor other disposition,thenthe Developer shallbe releasedfromallsuch obligationshereunderwhichhavebeensoassumedbytheassignee,andtheCity agrees to execute an instrument evidencing such release, which shall be in recordableform. 15.1.3 AnassignmentoftheProject,orany partthereof,bytheDeveloper toany corporation,limitedpartnership,limitedliability company,general partnership,orjointventure,inwhichtheDeveloper(oranentity undercommon control with Developer) has either the controlling interest or through a joint venture or other arrangementsharesequalmanagementrightsandmaintainssuch controlling interestorequalmanagementrightsshallnotbedeemedanassignment ortransfersubjecttoanyrestrictiononorapprovalsofassignmentsortransfers imposedby thisAgreement,provided,however,thatnoticeofsuchassignment shallbegivenby theDevelopertotheCity notlessthanthirty (30)dayspriorto suchassignmentbeingeffectiveandtheassigneeshallbeboundbythetermsof thisAgreementtothesameextentaswouldthe Developerintheabsenceofsuch assignment. 15.1.4 Noassignee,purchaser,sublesseeoracquirerofalloranypartof theDeveloper'srightsandobligationswithrespecttoany oneParcelshallinany waybeobligatedorresponsibleforanyoftheDeveloper'sobligationswithrespect toany otherParcelbyvirtueofthisAgreementunlessanduntilsuchassignee, purchaser,sublesseeoracquirehasexpressly assumedtheDeveloper'ssuchother obligations. 15.2 SuccessorsandAssigns.Thetermshereincontainedshallbindandinureto the benefit of the City, and its successors and assigns, and the Developer and, as applicabletothepartiescomprising Developer,theirpersonalrepresentatives,trustees, heirs, successors and assigns, except as mayotherwisebespecificallyprovided herein. SECTION16. MinorNon-Compliance.TheDeveloperwillnotbedeemedto havefailedtocomply withthetermsofthisAgreementintheeventsuchnoncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION17. CovenantofCooperation.Thepartiesshallcooperatewithand deal with each other in good faith and assist each other in the performance of the provisionsofthisAgreementandinachievingthe completionofdevelopmentofthe Property. SECTION 18. Approvals.Whenever anapprovalor consentisrequiredunder or contemplatedby thisAgreementsuchapprovalorconsentshallnotbeunreasonably 10 withheld,delayedor conditioned.Allsuchapprovalsandconsentsshallbe requestedand granted in writing. SECTION 19.Completionof Agreement.Uponthe completionof performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation ortermination shall besigned bytheparties heretoand recordedin theofficial records oftheCity. SECTION 20. EntireAgreement. This Agreement (including any and all Exhibitsattachedheretoallof whichare a partofthisAgreementtothe same extentasif suchExhibitsweresetforthinfullinthebody ofthisAgreement),constitutestheentire agreement between theparties hereto pertainingto thesubject matterhereof. SECTION21.Construction.Thetitles,captionsandsectionnumbersinthis Agreementareinsertedforconvenientreferenceonly anddonotdefineorlimitthescope or intent and should not be used in the interpretation of anysection, subsection or provisionof thisAgreement.Whenever the contextrequiresor permits,the singular shall include the plural, and plural shall include the singular and any reference in this Agreementtothe Developer includesthe Developer'ssuccessorsorassigns.This AgreementwastheproductionofnegotiationsbetweenrepresentativesfortheCityand the Developer andthe language of theAgreementshouldbe givenitsplainandordinary meaningandshouldnotbestrictlyconstruedagainstany partyheretobasedupon draftsmanship.Ifany termorprovisionofthisAgreementissusceptibletomorethanone interpretation,one or more of whichrender itvalidandenforceable,andone or more of whichwouldrenderitinvalidor unenforceable,suchtermor provisionshallbe construed in amannerthat would renderit valid and enforceable. SECTION22. PartialInvalidity.Ifany termorprovisionofthisAgreementor theapplicationthereoftoanypersonorcircumstanceisdeclaredinvalidorunenforceable, theremainderofthisAgreement,includingany validportionoftheinvalidtermor provision and theapplication ofsuch invalid termorprovision to circumstances otherthan thoseastowhichitisheldinvalidorunenforceable,shallnotbeaffectedtherebyand shallwiththeremainderofthisAgreementcontinueunmodifiedandin fullforceand effect.Notwithstanding theforegoing,ifsuchresponsibilitiesofany party hereto,tothe extentthatthe purpose of thisAgreementor thebenefitssoughttobe receivedhereunder arefrustrated,suchpartyshallhavetherighttoterminatethisAgreementuponfifteen (15)days written noticeto theotherparties. SECTION23. CodeAmendments.Subsequently adoptedordinancesandcodes oftheCitywhichareofgeneralapplicationnotgoverningthedevelopmentoflandshall beapplicabletotheProperty,andsuchmodificationsarespecifically anticipatedinthis Agreement. SECTION24. GoverningLaw. ThisAgreementshallbe governedby,and construed in accordancewith thelawsoftheStateofFlorida. SECTION25. Counterparts. ThisAgreementmay beexecutedincounterparts, all ofwhich togethershall continueoneand thesameinstrument. 11 SECTION 265. Amendment. This Agreement may be amended by mutual writtenconsentoftheCity andtheDevelopersolongastheamendmentmeetsthe requirements oftheAct,applicableCityordinances, and Floridalaw. INWITNESSWHEREOF,thepartieshaveheretoexecutedthisAgreementthe dateandyearfirstabovewritten. In thePresenceof:DECADESEA CAPTAIN, LLC, alimited liability company PrintName By: Name: Title: PrintName As to “Developer” CITYOFCLEARWATER, FLORIDA Print Name: By: William BHomeII, CityManager Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Camilo Soto, Assistant CityAttorney 12 STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by________________________,as_________ofDecade Sea Captain, LLC, on behalfoftheaforesaid entity. Heis [ ]personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: STATE OFFLORIDA COUNTY OFPINELLAS The foregoing instrument was acknowledged before me this day of ,2014,byWILLIAMB.HORNE,II,asCityManagerofthe CityofClearwater,Florida,whois[ ]personallyknowntomeorwhohas[ ] produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: 13 EXHIBIT“A” PROJECT LEGALDESCRIPTION 14 EXHIBIT“B” Survey, Conceptual SitePlan, and Architectural Drawings 15 EXHIBIT“C” COVENANTREGARDINGHURRICANEEVACUATION AndDEVELOPMENT, USEAND OPERATION DECLARATION OFCOVENANTSAND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (“Declaration”) is made as of the ____ day of ____________, 2014, by DECADE SEA CAPTAIN, LLC, a Florida limited liability company (“Developer”). DeveloperistheowneroffeesimpletitletotherealpropertydescribedinSchedule1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,Florida(the"City"),hasamendeditsComprehensivePlanto designateClearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning CouncilRulesinordertoimplementtheprovisionsofBeachby Design,aplanforthe revitalization ofClearwaterBeach. ThedesignationofClearwaterBeachasaCommunity RedevelopmentDistrict(the "Designation")providesfortheallocationofHotelDensity ReserveUnitsasanincentiveforthe developmentofmid-sizequality hotels.PursuanttotheDesignation,theallocationofHotel DensityReserveUnitsissubjecttocompliancewithaseriesofperformancestandards,including arequirementthatresortscontainingahoteldevelopedwithHotelDensityReserveUnitsshall be closedandallGuestsevacuatedfromsuchhotelsassoonaspracticable after the National Hurricane Center postsahurricane watchthatincludesClearwaterBeach.The purpose of such evacuationistoensure thatsucha hotelisevacuatedinadvance of theperiodof time whena hurricaneevacuation would beexpected in advanceoftheapproach ofhurricaneforcewinds. TheCityhasgranted,byCityCouncilResolution , passedandapprovedon ,2014,Developer'sapplicationforHotelDensity ReserveUnitspursuanttothe Designation,subjecttoDeveloper'scompliance withthe requirementsofthe Designation. Developerdesiresfor itself, and itssuccessorsand assigns, asowner, to establish certain rights, duties,obligationsandresponsibilitieswithrespecttothe use andoperationof the RealProperty inaccordancewiththetermsandconditionsoftheallocationoftheHotelDensity ReserveUnits totheCityandtheDesignation,whichrights,duties,obligationsandresponsibilitiesshallbe bindingon anyandall successorsand assigns andwill run with thetitleto theReal Property. THEREFORE,inconsiderationofthecovenantsandrestrictionshereinsetforthandto be observedandperformed,andinfurther considerationof the allocationof HotelDensity ReserveUnitstoDeveloper,andothergoodandvaluableconsideration,thesufficiency ofwhich is herebyacknowledged,Developerherebydeclares, covenantsand agreesas follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefitofDeveloperanditssuccessorsandassignsandshallbeenforceablebythemandalsofor 16 thebenefitoftheresidentsoftheCity andshallbeenforceableonbehalfofsaidresidentsby the CityCouncil oftheCity. 2. CovenantofDevelopment,UseandOperation.Developerherebycovenantsand agreestothedevelopment,useandoperationoftheRealProperty inaccordancewiththe provisions ofthis Declaration. 2.1 Use. Theuseoftheresort on theReal Propertyis restricted asfollows: 2.1.1 66units, which is the number of hotel units allocated to Developer from the HotelDensityReserve(53 previously approved and an additional 13),shallbe usedsolelyfortransientoccupancyofone monthorthirty(30)consecutivedays orless,mustbelicensedasapubliclodging establishmentandclassifiedasa hotel,andmustbeoperatedby asinglelicensed operatorofthe hotel. Allother unitsshallbe licensedasapublic lodging establishment. No unit shall be used as a primary or permanent residence. Accesstoovernightaccommodationunits mustbeprovidedthroughalobby and internalcorridor. Areservationsystem shallbe requiredasanintegralpartof the hoteluse andthere shallbe a lobby/front deskarea thatmustbe operatedasa typicallobby/frontdeskareaforahotel wouldbeoperated. Allhotelunitsshall berequiredtobesubmittedtoarental programrequiring allhotelunitstobe availableformembersofthepublicas overnighthotelguestsonatransientbasis atalltimes. Nounitshallhavea completekitchenfacility asthattermisusedin thedefinitionof“dwelling unit”in theCode. Developershallmakeavailablefor inspection to authorized representatives of the City its books and records pertainingtoeachHotel Density Reserveunituponreasonablenoticetoconfirm compliancewiththese regulationsasallowedby generallaw. TheDeveloper agreestocomply withthe DesignGuidelinesassetforthinSectionVII.ofBeach byDesign. 2.1.2Asusedherein,the terms"transientoccupancy,""publiclodging establishment,"“hotel”,and"operator"shallhavethemeaninggiventosuch terms in FloridaStatutesChapter509, PartI. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propertyshallbeclosedassoonaspracticableupontheissuanceofahurricanewatchbythe NationalHurricane Center,whichhurricane watchincludesClearwater Beach,andallHotel guests,visitorsandemployeesotherthanemergencyandsecuritypersonnelrequiredtoprotect theresort,shallbeevacuatedfromtheHotelassoonaspracticablefollowing theissuanceofsaid hurricanewatch.IntheeventthattheNationalHurricaneCentershallmodify theterminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisionsofthisDeclarationshallbe governedbythelevelofwarningemployed bythe NationalHurricane Centerwhichprecedesthe issuance ofa forecastofprobable landfallinorder toensurethattheguests,visitorsandemployeeswillbeevacuatedinadvanceoftheissuanceof aforecast ofprobablelandfall. 17 3 Effective Date. This Declaration shall become effective upon issuance of all building permitsrequiredtobuildtheproject("Project")andDeveloper's commencementof constructionoftheProject,asevidenceby aNoticeofCommencement fortheProject.This Declarationshallexpireandterminateautomatically ifandwhenthe allocationofReserveUnits to theDeveloperexpires oris terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed bythelaws oftheStateofFlorida. 5 Recording.ThisDeclarationshallberecordedinthechainoftitleof theReal Propertywith theClerk oftheCourts ofPinellas County, Florida. 6 Attorneys'Fees.DevelopershallreimbursetheCityforanyexpenses, including reasonableattorneys'fees,whichareincurredbytheCity intheeventthatthe City determines thatitisnecessary andappropriatetoseekjudicialenforcementofthis DeclarationandtheCity obtainsrelief,whetherby agreementofthepartiesorthrough orderofacourtofcompetent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the applicationofthisDeclarationtoanypersonorcircumstancewillbeoris declaredtoanyextent tobe invalidor unenforceable,the remainder ofthisDeclaration,or the applicationof such provisionorportionthereoftoanypersonorcircumstance,shall notbeaffectedthereby,and eachandevery otherprovisionofthisDeclarationshallbe validandenforceabletothefullest extent permitted bylaw. INWITNESSWHEREOF, Developerhas causedthis Declaration to beexecuted this dayof , 2014. In thePresenceof:DECADE SEA CAPTAIN, LLC, alimited liability company. PrintName PrintName As to “Developer” By: Name: Title 18 CITYOFCLEARWATER, FLORIDA Print Name: CityManager By: William BHomeII, Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Camilo Soto, Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by ________________________,as_________ofDecade Sea Captain, LLC, on behalfoftheaforesaid entities. Heis [ ]personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: 19 STATE OFFLORIDA COUNTY OFPINELLAS Theforegoinginstrumentwas acknowledged beforemethis dayof , 2014, byWILLIAMB.HORNE,II, as CityManageroftheCityof Clearwater, Florida, whois []personallyknownto meorwho has []produced as identification. MyCommission Expires: Print: NotaryPublic–StateofFlorida 20 EXHIBIT“D” COVENANTOFUNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANTOFUNIFIED USE THISCOVENANTOFUNIFIEDUSE(the"Covenant")isexecutedthis dayof , 2014, by (“Developer"). WITNESSETH: WHEREAS,DeveloperistheowneroftherealpropertylegallydescribedonSchedule "A"attached hereto and incorporated herein byreference(the"Real Property"); and WHEREAS,DeveloperandtheCityofClearwater,Florida(the"City")arepartiestothat certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"),pursuanttowhichtheCityhasagreedthatDevelopermaydevelopandconstruct upon theReal Propertyahotel project as describedin theAgreement(the"Project"); and WHEREAS,DeveloperintendstodevelopandoperatetheRealPropertyforaunified use, as moreparticularlydescribed in this Covenant. NOW,THEREFORE,inconsiderationofthesumofTenDollars($10.00)andother goodandvaluableconsideration,thereceiptandsufficiency ofwhicharehereby acknowledged, Developerdoesherebyagreethat,effectiveasofthedateonwhichDeveloperreceivesall permitsrequiredtoconstructthe ProjectandDevelopercommencesconstructionthereof,as evidencedbyaNoticeofCommencementfortheProject,theRealProperty shallbedeveloped andoperatedasalimited-servicehotelproject,asdescribedintheAgreement.Therestrictions setforthintheprecedingsentenceshallexpireautomatically whenandifDeveloper'sallocation ofadditionalhotelunits(asdefinedintheAgreement)expiresoristerminated.Nothing inthis AgreementshallrequireDevelopertodeveloptheProjectorrestrictDeveloper'sability tosell, assign,transferorotherwiseconveyitsrightinandtotheRealPropertyoranyportionor portionsthereoftounrelatedthird-parties.DeveloperagreesthattheCity shallhavetherightto enforcethetermsand conditions ofthis Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. 21 INWITNESSWHEREOF,DeveloperhascausedthisAgreementtobe executed this dayof , 2014. In thePresenceof:DECADE SEA CAPTAIN, LLCalimited liability company PrintName PrintName As to “Developer” By: Name: Title CITY OF CLEARWATER,FLORIDA By: Print Name:William BHomeII, CityManager Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor 22 Approved as toForm: _______________________________________ Camilo Soto, Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by ________________________,as_________ofDecade Sea Captain, LLC, on behalfoftheaforesaid entities. Heis [ ]personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: STATE OFFLORIDA COUNTY OFPINELLAS The foregoing instrument was acknowledged before me this day of ,2014,byWILLIAMB.HORNE,II,asCityManagerofthe CityofClearwater,Florida,whois[ ]personallyknowntomeorwhohas[ ] produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires 23 SHEDULEA 1 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“Agreement”) is dated the ______ of __________, 2014, and entered into between DECADE SEA CAPTAIN, LLC (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing bod y thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach b y Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real propert y located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the Cit y of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach b y Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Densit y Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns .831 acres of real property (.659 zoned “T” and .172 zoned “LMDR”) only the real property zoned “T” is the subject of this Agreement ("Propert y") in the corporate limits of the City, more particularl y described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Property was the subject of DVA2010-08001 which was approved by the City Council on January 13, 2011 for the allocation of 53 units from the Hotel Density Reserve; and WHEREAS, an amendment to DVA2010-08001 with application number DVA2010-08001A (53 units from the Hotel Density Reserve) was approved by the City Council on June 19, 2013; and WHEREAS, the Developer desires to enter into this Development Agreement with the City to develop the Property b y demolishing existing hotel rooms and other uses in order to construct 98 overnight accommodation units, meeting space for guest use, pool, new lobby and parking on the .659 acres zoned “T” (“Planned Resort”) and also, 2 generall y conforming to the architectural elevation dimensions shown in composite Exhibit “B”; and WHEREAS, this agreement terminates DVA2010-08001 and FLD2013-02007, and allocates 66 units from the Hotel Density Reserve to this planned resort; and; WHEREAS, upon completion the planned resort will contain 98 overnight accommodation units, which includes 66 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on , 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the Cit y's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach b y Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authorit y of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The .659 acres of real 3 property that is zoned “T” and described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently is zoned Tourist (T) and Low Medium Density residential (LMDR) with respective future land use designations of Resort Facilities High (RFH) and Residential Urban (RU). 3.2. The Propert y is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 40 Devon Dr., Clearwater, FL 33767, as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 98 overnight accommodation units. Of the 98 overnight accommodation units, 66 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 118 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach b y Design. 4.4 The density of the Project shall be 149 units per acre. In no instance shall the densit y of a parcel of land exceed 150 units per acre. The height of the Project shall be 100 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the Cit y shall record the Agreement with the Clerk of the Circuit Court for Pinellas Count y. The Developer shall pa y the cost of such recording. The City shall submit to the Department of Economic Opportunity a cop y of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 4 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Planned Resort, the Developer hereby agrees to execute the covenant of unified use and development providing that the Planned Resort shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated 5 covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timel y constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a t ypical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupanc y in the hotel is limited to a term of less than one (1) month or thirt y-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed b y general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach b y Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 a.m., midnight, on Friday and Saturday. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they ma y govern such amendments; and 6 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 66 units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presentl y available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the Cit y. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s count ywide approach to the application of concurrency management for transportation facilities, and the transportation anal ysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Stud y Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupanc y. 7.7 Developer agrees to provide a cashier’s check, a pa yment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed b y this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the 7 Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Propert y include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The Cit y finds that development of the Propert y is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the Cit y, at the discretion of the Cit y and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. TERMINATION OF PRIOR DEVELOPMENT AGREEMENTS. DVA2010-08001and DVA2010-08001A, are hereby terminated. This Termination shall be binding on the parties hereto and their respective successors and assigns. SECTION 12. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City ma y appl y laws and policies adopted subsequentl y to the Effective Date of this Agreement if the Cit y has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safet y, or welfare, and expressly state that the y shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information 8 provided b y the Developer SECTION 13. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessit y of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 14. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties b y hand deliver y, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Sea Captain, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copy to: Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 If to Cit y: City of Clearwater, Cit y Manager ATTN: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properl y addressed, postage prepaid, notices or communications shall be deemed delivered and received on the da y of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 15. Assignments. 15.1 By the Developer: 15.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of an y or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 9 15.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 15.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 15.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 15.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 16. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 17. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 18. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. 10 SECTION 19. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 20. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the bod y of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 21. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and an y reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against an y part y hereto based upon draftsmanship. If an y term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 22. Partial Invalidity. If an y term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) da ys written notice to the other parties. SECTION 23. Code Amendments. Subsequently adopted ordinances and codes of the Cit y which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specificall y anticipated in this Agreement. SECTION 24. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 25. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 26. Amendment. This Agreement may be amended b y mutual 11 written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN W ITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: DECADE SEA CAPTAIN, LLC, a limited liability company Print Name By: Name: Title: Print Name As to “Developer” CITY OF CLEARWATER, FLORIDA Print Name: By: William B Home II, City Manager Print Name As to “Cit y” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorney 12 STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entity. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by W ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: 13 EXHIBIT “A” PROJECT LEGAL DESCRIPTION 14 EXHIBIT “B” Survey, Conceptual Site Plan, and Architectural Drawings 15 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (“Declaration”) is made as of the ____ day of ____________, 2014, by DECADE SEA CAPTAIN, LLC, a Florida limited liability company (“Developer”). Developer is the owner of fee simple title to the real propert y described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach b y Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Desi gnation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The Cit y has granted, b y City Council Resolution , passed and approved on , 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Propert y in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the Cit y and the Designation, which rights, duties, obligations and responsibilities shall be binding on an y and all successors and assigns and will run with the title to the Real Propert y. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Densit y Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereb y acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for 16 the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the Cit y. 2. Covenant of Development, Use and Operation. Developer hereb y covenants and agrees to the development, use and operation of the Real Propert y in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Propert y is restricted as follows: 2.1.1 66 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve (53 previously approved and an additional 13), shall be used solel y for transient occupancy of one month or thirty (30) consecutive da ys or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated b y a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobb y/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupanc y," "public lodging establishment," “hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propert y shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and securit y personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed b y the level of warning employed b y the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 17 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed b y the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Propert y with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the Cit y for an y expenses, including reasonable attorne ys' fees, which are incurred by the Cit y in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereb y, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN W ITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2014. In the Presence of: DECADE SEA CAPTAIN, LLC, a limited liability company. Print Name Print Name As to “Developer” By: Name: Title 18 CITY OF CLEARWATER, FLORIDA Print Name: City Manager By: William B Home II, Print Name As to “Cit y” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorne y STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: 19 STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by W ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. My Commission Expires: Print: Notar y Public – State of Florida 20 EXHIBIT “D” COVENANT OF UNIFIED USE P LEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of , 2014, by (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real propert y legall y described on Schedule "A" attached hereto and i ncorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Propert y a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularl y described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced b y a Notice of Commencement for the Project, the Real Propert y shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise conve y its right in and to the Real Property or an y portion or portions thereof to unrelated third-parties. Developer agrees that the Cit y shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. 21 IN W ITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2014. In the Presence of: DECADE SEA CAPTAIN, LLC a limited liability company Print Name Print Name As to “Developer” By: Name: Title CITY OF CLEARWATER, FLORIDA By: Print Name: William B Home II, City Manager Print Name As to “Cit y” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor 22 Approved as to Form: _______________________________________ Camilo Soto, Assistant City Attorney STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by W ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires 23 SHEDULE A RESOLUTION NO. 14 -32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND DECADE SEA CAPTAIN, LLC. (THE PROPERTY OWNER); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with DECADE SEA CAPTAIN, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and DECADE SEA CAPTAIN, LLC, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this day of , 2014. George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto City Attorney Rosemarie Call City Clerk P 92 kPI 4' Resolution No. 14 -32 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: #8587-14 Agenda Date: 10/13/2014 Status: Second ReadingVersion: 2 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8587-14 on second reading, adopting an Interlocal Service Boundary Agreement with Pinellas County. SUMMARY: On December 6, 2011, the Pinellas County Board of County Commissioners initiated the negotiation process pursuant to Florida Statutes Chapter 171 to establish an Interlocal Service Boundary Agreement (ISBA) which would allow for the voluntary annexation of non -contiguous properties in Type A enclaves in Pinellas County (those surrounded by a City on all sides). On February 2, 2012, the Clearwater City Council adopted Resolution 12-03 agreeing to participate in the negotiation process with the County and responding municipalities and special districts. On December 10, 2013 the Board of County Commissioners approved the final draft of the ISBA. A total of nine municipalities are participating in the agreement including Clearwater, Dunedin, Kenneth City, Largo, Pinellas Park, Safety Harbor, St . Petersburg, Seminole, and Tarpon Springs. While the agreement allows for the voluntary annexation of non -contiguous properties in Type A enclaves, it does not allow the City to invoke existing agreements to annex for non-contiguous properties unless the current owner consents nor does it provide the basis for annexing an adjacent property that is subject to an agreement to annex without the consent of the current owner of the property. This is consistent with the provisions of Pinellas County Ordinance 00-63 which governed annexation in Pinellas County from 2000 to 2007. The ISBA imposes a new public notice requirement that requires participating municipalities to provide notice to the property owner seeking voluntary annexation by certified mail prior to each reading of the ordinance. The ISBA establishes an effective date of November 1, 2014 and would be in effect for 20 years. It requires the City to provide data related to each property annexed through this process every six years. Any renegotiation of the Agreement must begin at least 18 months prior to the termination date. Each of the participating local governments that are signatories to the ISBA must adopt the agreement by ordinance as required by Florida Statutes 171.203(14). The Planning and Development Department recommends approval of ISBA. Page 1 City of Clearwater Printed on 10/14/2014 Ordinance No. 8587-14 ORDINANCE NO. 8587-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH PINELLAS COUNTY, FLORIDA ET. AL., PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "lnterlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county; and WHEREAS, the Pinellas County Board of County Commissioners adopted Resolution No. 11-185 on December 6, 2011 initiating the negotiating process provided for in the Act; and WHEREAS, the Act intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, a more flexible annexation process is appropriate and desirable within Pinellas County given the highly urban character of the county, which distinguishes it from many of Florida's other counties; and WHEREAS, the process provided for in the Act is intended to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments in order to reduce governmental conflicts and litigation between local governments; and WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible boundaries that reduce the cost of local government, avoid duplicating local services and increase political transparency and accountability; and WHEREAS, through the negotiating process, the cities of Clearwater, Dunedin, Largo, Kenneth City, Pinellas Park, Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs, along with Pinellas County have all come to an agreement to enter into an interlocal service boundary agreement (“ISBA”) for future annexations within Type A enclaves. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. The above mentioned recitals are hereby incorporated herein. 2 Ordinance No. 8587-14 SECTION 2. The City hereby agrees to enter into the ISBA with Pinellas County and the cities of Dunedin, Largo, Kenneth City, Pinellas Park, St. Petersburg, Safety Harbor, Seminole, and Tarpon Springs. The appropriate City officials are authorized to execute the ISBA, which is attached as Exhibit A. SECTION 3. It is the intention of the City Council that each provision hereof be considered severable, and, if any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this ordinance shall not be affected. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby superseded or repealed to the extent of such conflict. SECTION 5. This ordinance shall be published in accordance with the requirements of law. SECTION 6. This ordinance shall become effective immediately upon final passage and adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ __________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 GULF BLVD I-2 7 5 US HIGHWAY 19 N 4TH ST N 66TH ST N SR 580 TAMPA RD PARK BLVD N ULMERTON RD US 19A 1ST AVE S 22ND AVE N 38TH AVE N 1ST AVE N PARK ST G A N D Y B L V D 5TH AVE N E A S T L A K E R D 54TH AVE N 113TH ST N CURLEW RD SEMINOLE BLVD 34TH ST N KEYSTONE RD MAIN ST 49TH ST N MCMULLEN BOOTH RD PINELLAS BAYWAY S 22ND AVE S I-175 EAST BAY DR BELCHER RD GULF TO BAY BLVD 4TH ST S 49TH ST S DR MARTIN LUTHER KING JR ST N TYRONE BLVD N N BELCHER RD BRYAN DAIRY RD WEST BAY DR 118TH AVE N CAUSEWAY BLVD BAYSHOREBLVD ROOSEVELT BLVD SUNSHINE SKYWAY BRIDGE S BELCHER RD GULFPORT BLVD S S MISSOURI AVE N PINELLAS AVE C O U R T N E Y C A M P B E L L C S W Y COURT ST PASADENA AVE S WALSINGHAM RD CR 2 9 6 S PINELLASAVE MEMORIAL CSWY EDGEWATER DR E TARPON AVE BAYPINESBLVD DR MARTIN LUTHER KING JR ST S P A S S A GRILLE W A Y N MYRTLE AVE CR 611 102ND AVE N 34THSTS P A R K STS DUHME RD S FT HARRISON AVE B LIN D P A S S R D RIDGE RD SW C O U N T R Y S I D E B L V D CENTRAL AVE N MISSOURI AVE CLEARWATERLARGO RD N 7 5 T H AVE 8TH ST N TREASURE ISLAND CSWY 150TH AVE CHESTNUT ST BROADWAY S G ULFVIEWBLVD 54TH AVE S P INELLAS B A Y W A Y SKINNER B L V D 20TH ST N 1 0 7 T H A V E 5TH AVE TOM STU ARTCSWY BELLEAIR BEACH CSWY N FT HARRISON AVE R I D G E R D G U L F B L V D SR 580 ROOSEVELT BLVD CR29 6 S BELCHER RD 34TH ST S St Petersburg Largo Clearwater Unincorporated Pinellas Park Dunedin Oldsmar Tarpon Springs Seminole Safety Harbor Gulfport Belleair St Pete Beach Kenneth City Madeira Beach Treasure Island Indian Rocks Beach South Pasadena Belleair Bluffs Belleair Beach Indian Shores Redington Beach Redington Shores N Redington Beach Belleair Shore TYPE 'A' ENCLAVES AND MUNICIPALITIES IN PINELLAS COUNTY APRIL 2014 TYPE 'A' ENCLAVES (per section 171.031 (13)(a), Florida Statutes) N 0 1 20.5 Miles Reference Scale: 1:63,360 Document Path: C:\A Enclaves_7_2_2014.mxd Text Old Tampa Bay Gulf of Mexico TampaBay LakeTarpon LakeMaggiore SafetyHarbor BocaCiegaBay Pasco County Hillsborough County Lake Seminole Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8591-14 Agenda Date: 10/13/2014 Status: Second ReadingVersion: 2 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8591-14 on second reading, amending Chapter 32, Article VII, Clearwater Code of Ordinances relating to gas services,, providing for the use of subcontractors in the fulfillment of Gas services, providing for delivery of gas at varying pressures, and providing for discretion by Clearwater Gas System in providing certain optional services; amending Appendix A, Code of Ordinances to revise rates for Clearwater Gas System customers. SUMMARY: Black and Veatch have completed a Cost of Service and Rate Study for the Clearwater Gas System (CGS). This study is an update of their last study issued September 2010. The Study includes a projection of CGS’ financial position for the period 2014 - 2019 and a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served. Based on the results of the Study, CGS’ rates are adequate for the period, and we are actually recommending an overall $1.2 million annual decrease in base rates. Key recommendations in the Study and Ordinance are: ·Roll the non-weather portion of Usage & Inflation Adjustment (UIA) rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index (CPI-U) to current levels as specified in the Study and Ordinance. ·Decrease the Commercial class revenues by approximately $1.2 million by reducing distribution rates to the levels as specified in the Study and Ordinance. ·Increase the Residential Single-Family monthly customer charge by $2.00 and offset this with a reduction in the usage charge. The net effect of these changes to the residential rate revenue overall is negligible as the increase in customer charge is offset by the decrease in distribution charge revenues. This is revenue neutral for our typical single-family residential customer. ·Make certain changes in the propane (LP) rates, based on a competitive analysis of local LP suppliers, as specified in the Ordinance. ·Adopt a new pricing structure for service charge rates that establishes a per trip charge, which includes up to 1 hour of labor plus quarter hour rates for additional time on site beyond 1 hour. ·Make certain wording clarifications in our Ordinances to better reflect operating policies and responsibilities. Table 1-2 on Page 7 of the Rate Study shows the projected effect of these recommended rate adjustments and will become CGS’ basis for strategic goal setting. Page 1 City of Clearwater Printed on 10/14/2014 File Number: 8591-14 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2014 COST OF SERVICE AND RATE STUDY (2014‐2019) B&V PROJECT NO. 183062 PREPARED FOR Clearwater Gas System 12 SEPTEMBER 2014 ® ® ©B l a c k & Ve a t c h Ho l d i n g Co m p a n y 20 1 4 . Al l ri g h t s re s e r v e d . BLACK & VEATCH CORPORATION 11401 LAMAR AVENUE, OVERLAND PARK, KS 66211 +1 913‐458‐2037 | MACIASGE@BV.COM www.bv.com 12 September 2014 Mr. Chuck Warrington Managing Director & Executive Officer Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 Subject: Cost of Service and Rate Study Dear Mr. Warrington: We are enclosing our report on “Cost of Service and Rate Study (2014‐2019)” for the Clearwater Gas System (“CGS”). Our report updates our prior report from October 2010. The report presents the results of a comprehensive Study, including a projection of CGS’ financial position for the period 2014‐2019, a cost of service analysis to evaluate cost responsibility for each of the various classes of customers served, and the development of recommended rate charges to recover the costs of providing service from the respective classes of customers. Based on the results of our study, CGS’s rates are more than adequate to meet its operating needs over the forecast period. We therefore recommend a $1.2 million reduction in rate revenues. Our recommended changes to the existing rates are summarized below: Roll the non‐weather portion of the Usage and Inflation Adjustment rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index to current levels. Decrease the commercial class revenues by approximately $1.2 million. Revenue neutral rate change to the residential classes with an increase to the Residential Single Family customer charge from $10.00 to $12.00 per month, and an offsetting decrease to the distribution charge for the residential class. We appreciate the opportunity to have worked with you and your staff. If you have questions or would like to discuss further, please do not hesitate to contact us. Very truly yours, BLACK & VEATCH CORPORATION Gregory E Macias Principal Consultant Enclosure Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Table of Contents i Table of Contents 1 Executive Summary ......................................................................................................... 1 1.1 Background .............................................................................................................................. 1 1.2 Study Objectives .................................................................................................................... 1 1.3 Scope ........................................................................................................................................... 1 1.4 Customers and throughput ............................................................................................... 2 1.5 Revenues and Revenue Requirements under Existing Rates ............................. 2 1.6 Class Cost of Service ............................................................................................................. 4 1.7 Suggested Rate Adjustments ............................................................................................ 5 2 Revenues and Revenue Requirements ..................................................................... 9 2.1 Projection of Number of Natural Gas Customers, Throughput, and Sales Revenues ...................................................................................................................................... 9 2.2 Revenue and Revenue Requirements ........................................................................ 13 2.3 Revenues ................................................................................................................................ 13 2.4 Revenue Requirements .................................................................................................... 15 2.4.1 Operating Expenses ................................................................................................. 15 2.4.2 Transfers to the City ................................................................................................ 15 2.4.3 Depreciation ............................................................................................................... 16 2.4.4 Debt Service ................................................................................................................ 16 2.4.5 Plant Extensions and Replacements ................................................................. 16 2.4.6 Net Cash Flow ............................................................................................................. 17 2.5 Proposed Rate Adjustment............................................................................................. 17 3 Cost of Service ................................................................................................................. 18 3.1 Cost of Service ...................................................................................................................... 18 3.2 Customer Classifications ................................................................................................. 19 3.3 Basis for Allocation ............................................................................................................ 19 3.3.1 Cost Functions ............................................................................................................ 20 3.3.2 Allocation Factors and Allocation of Cost of Service .................................. 20 3.4 Summary of Costs of Service and Comparison with Revenues ....................... 26 4 Recommended Rate Adjustments ............................................................................ 28 4.1 Recommended Rate Adjustments ............................................................................... 28 5 Disclaimer ........................................................................................................................ 36 Appendix A—Recommended Ordinance ........................................................................ 37 Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Table of Contents ii LIST OF TABLES Table 1‐1 Historical and Projected Revenues and Revenue Requirements under Existing Rates ........................................................................................................ 3 Table 1‐2 Historical and Projected Revenues & Revenue Requirements under Proposed Rates ..................................................................................................... 7 Table 1‐3 Comparison of Residential Bills with Recommended Rates to Duke Energy .................................................................................................................................... 8 Table 2‐1 Historical and Projected Customer, Sales, and Revenues ............................... 11 Table 2‐2 Historical and Projected Revenues & Revenue Requirements under Existing Rates ..................................................................................................... 14 Table 3‐1 Functional Cost of Service ............................................................................................ 22 Table 3‐2 Allocation of 2015 Test Year Cost of Service to Cost Functions ................... 23 Table 3‐3 Estimated 2009 Test Year Units of Service and Allocation Factors ............ 25 Table 3‐4 Allocation of 2009 Test Year Cost of Service to Customer Classes, and Rate of Return to Customer Classes .............................................................. 27 Table 4‐1 Comparison of CGS Rates to Regional Gas Utilities ............................................ 30 Table 4‐2 Existing and Recommended Natural Gas Rates .................................................. 31 Table 4‐3 Historical and Projected Revenues & Revenue Requirements under Proposed Rates .................................................................................................. 32 Table 4‐4 Revenues Under Existing and Proposed Rates .................................................... 33 Table 4‐5 Comparison of Residential Bills with Recommended Rates to Progress Energy ............................................................................................................. 35 LIST OF FIGURES Figure 2‐1 Residential Single‐Family Use per Customer ..................................................... 10 Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 1 1 Executive Summary 1.1 BACKGROUND The City of Clearwater, Florida, (the City) owns and operates Clearwater Gas System (CGS), which is the natural gas and propane system serving approximately 20,500 customers in a service area located in Pinellas and Pasco Counties. Service is provided to residences, businesses, industry, and institutions. CGS is one of seven enterprise operations (natural gas and propane, water, sewer, reclaimed water, solid waste, recycling, storm water) owned and operated by the City. The elected City Council sets policy guidelines and charges the City Manager with the direction of all departments. CGS is administered by a Managing Director who reports to the Assistant City Manager, Economic Development & Enterprise Operations. 1.2 STUDY OBJECTIVES The overall purpose of this engagement is multi‐faceted. Specifically, findings, conclusions, and recommendations together with supporting documentation are provided relative to the following initiatives undertaken during the course of our analyses: 1. Evaluate the adequacy of existing cost recovery mechanisms, specifically user rates to meet the operational and capital requirements of CGS on a prospective basis. 2. Verify that the current rates are being applied correctly. 3. Forecast revenues and revenue requirements for a five‐year period to determine the overall adequacy of existing rates to support CGS’ operating and capital needs and prudently maintain cash reserves to meet CGS contingencies. 4. Prepare a class cost of service analysis to identify the cost associated with serving each class of service. 5. Recommend revised rates sufficient to meet CGS’ total revenue requirements that reflect cost of service considerations and practical rate implementation constraints, as required. 1.3 SCOPE This report presents the results of a comprehensive study including a projection of the financial position of CGS for the period 2014 through 2019, a class cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served, and the development of recommended rate charges to recover the costs of providing service from respective classes of customers. CGS operates on a fiscal year ending September 30. References in this report to a specific year reflect the fiscal year ending on September 30 of that year unless otherwise noted. The projections of revenue requirements for CGS are based on the analysis of historical costs incurred in providing service and reflect current and anticipated future operating conditions and cost levels. Anticipated future operating conditions and cost levels recognize the amount and degree of service, system expansion, renewals and replacements, inflationary effects, and other factors. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 2 The class cost of service analysis includes the functional classification of test year costs and the subsequent allocation of functional costs to various classes of customers on the basis of the relative cost responsibility of each class. Allocated cost of service is then compared with test year revenues under recommended rates to determine the rate of return on allocated net plant investment for each of the customer classes. CGS passes through and recovers from customers its natural gas costs via a purchased gas cost rider. Therefore our report focuses on the margin, or the non‐gas cost, portion of CGS’ gas rate. CGS has in‐place several riders that include a Usage and Inflation Adjustment (UIA), an Energy Conservation Adjustment (ECA) and a Regulatory Imposition Adjustment (RIA). The UIA is a mechanism in CGS’s tariff to adjust for fluctuations in consumption due to colder or warmer than normal weather, declining usage due to conservation, and rising costs due to inflation. The UIA adjustment is applied to all standard rate customer classes (not applicable to contract and interruptible customers). Our sales projections are weather normalized. 1.4 CUSTOMERS AND THROUGHPUT Over the 2009‐2013 period, the number of natural gas customers served by CGS has increased by 775 customers, or approximately 1.1 percent per year, from 17,389 in 2009 to 18,164 in 2013. The increase in customers is largely attributable to the addition of residential customers. For the period 2009‐2012, throughput (sales) averaged 21,443,452 therms, and increased to 23,437,404 therms in 2013 due to the addition of two new contract customers. We project that number of customers and throughput will increase during the projected period based on this recent trend. Our projection of numbers of customers and throughput are conservative based on our discussion with management regarding marketing efforts and existing local and statewide economic conditions. We project by 2019 the number of natural gas customers will increase to 20,002, and weather normalized throughput will increase to 24,416,706 therms. We have projected that use per customer during the projection period will remain constant at the levels experienced over the recent historical period. However, per customer usage (primarily Residential) has been declining consistent with the trends experienced throughout the country as the efficiency of natural gas equipment and homes has improved. Weather normalized Residential Single‐Family use per customer has declined from 204 therms per year in FY 2009 to 197 therms per year in our forecast for FY 2014. Weather normalized use per Commercial1 customer is forecast to be 6,203 therms annually. The decline experienced in Clearwater is consistent with trends we have seen throughout the country primarily due to conservation and improved equipment efficiency. 1.5 REVENUES AND REVENUE REQUIREMENTS UNDER EXISTING RATES We use the cash basis of determining revenue requirements for municipal utilities as a guide in recommending overall rate adjustments. The cash basis is an accepted industry norm for municipal utility rate and bond financing studies. Table 1‐1 summarizes historical and projected revenues and revenue requirements under existing rates. We also present net cash flow for the projected period. 1 CGS rate schedules SFC, MFC, LFC, SGS, MGS, LGS, NGV, NSS, and firm Contracts. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 3 Table 1‐1 Historical and Projected Revenues and Revenue Requirements under Existing Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,036,700 2,692,000 2,698,800 2,727,300 2,757,800 2,407,300 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,691,300 18,074,300 18,138,300 18,228,400 18,325,100 18,046,600 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 2,133,900 2,177,100 2,224,400 2,276,300 2,333,400 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 10,440,000 10,468,900 10,498,000 10,527,300 10,557,100 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 260,000 530,300 811,700 1,104,900 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection 105,800 139,800 140,200 141,700 143,300 125,100 13Regulatory Imposition Adjustment Revenue223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,412,600 15,710,800 16,058,300 16,422,400 16,803,400 17,183,400 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,103,900 33,785,100 34,196,600 34,650,800 35,128,500 35,230,000 16Other Revenue 17 LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 178,600 244,900 245,100 246,300 247,400 233,800 18Service Charges and Fees1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax2,009,096 1,936,983 1,836,555 1,907,026 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,259,500 4,426,100 4,509,500 4,596,700 4,686,900 4,749,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,363,400 38,211,200 38,706,100 39,247,500 39,815,400 39,979,600 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26Other ECA/RIA Recovery1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes2,075,417 1,999,438 1,894,789 1,968,107 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,179,100 26,224,300 26,546,600 26,882,100 28,231,300 28,580,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,184,300 11,986,900 12,159,500 12,365,400 11,584,100 11,399,600 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,669,600 10,352,200 10,404,800 10,490,700 9,589,400 9,284,900 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges(815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs(27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer6,282,474 8,778,393 9,543,372 8,282,209 9,637,200 10,505,800 10,588,600 10,705,000 9,834,300 9,546,200 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,645,082) (3,496,100) (3,504,900) (3,541,900) (3,581,600) (3,126,400) 42Net Income2,068,602 6,988,184 6,443,295 5,530,791 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,645,018 3,693,400 3,872,400 4,066,800 3,626,400 3,903,500 60Cumulative Cash Flow 30,993,800 34,638,818 38,332,218 42,204,618 46,271,418 49,897,818 53,801,318 61 Margin on Sales 17,449,300 18,402,800 18,757,100 19,149,700 19,561,200 19,590,700 62 Net Cash Flow as % of Margin 20.9%20.1%20.6%21.2%18.5%19.9% (1) LP revenue less cost of propane less propane O&M Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 4 CGS derives its revenues from gas and propane sales, interest on reserve funds, and other miscellaneous receipts. CGS’ operating revenues, including sales of propane, have increased from $35.1 million in 2010 to $36.3 million in 2013. CGS passes through and recovers from customers the cost of purchased gas. We project operating revenues under existing rates to increase to $40 million during the projection period, due primarily to the continued recent historical trend in customer growth and continued application of the UIA rider. Revenue requirements of CGS include operating expenses, debt service on existing and future bonds, transfers to the City, and system improvements financed from current revenues. We project approximately $20 million of capital expenditures to be financed through revenues during the 2015‐2019 period. In the table below we summarize projected cash financed capital improvements for the natural gas system. These projections were supplied by CGS. PROJECT CAPITAL EXPENDITURES FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 TOTAL $$$$$ $ Environmental Remediation 100,000 100,000 100,000 100,000 100,000 500,000 Line Relocation Pinellas ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Gas Meter Change out ‐ Pinellas 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pinellas ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Pinellas New Mains & Service Lines 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 Pasco New Mains & Service Lines 500,000 500,000 500,000 500,000 500,000 2,500,000 Gas Meter Change Out ‐ Pasco 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Building Renovation 200,000 200,000 200,000 200,000 200,000 1,000,000 Expanded Energy Conservation 500,000 500,000 500,000 500,000 500,000 2,500,000 Natural Gas Vehicle 300,000 300,000 300,000 300,000 300,000 1,500,000 Future IMS Software and Hardware 100,000 100,000 100,000 100,000 100,000 500,000 Total New Capital 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 20,000,000 1.6 CLASS COST OF SERVICE To compare allocated costs of service and revenues under present rates, a test year is chosen that is considered to be typical of system operations. The test year for our cost of service analyses for CGS is 2015. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 5 For analysis purposes, the test year costs of service (revenue requirements) are expressed in terms of operating expenses, depreciation, non‐operating expenses, transfers, and return. Other operating revenues and revenues from negotiated rates are credited to cost of service. We allocate test year costs of service to the various customer classes of CGS on the basis of the units of service rendered. We then compare allocated costs of service with revenues under existing rates to determine the return on allocated net plant for each customer class. The results of the cost of service study should be viewed in the context of the relative return being earned by CGS from these customer classes. Our results indicate that under existing rates, the residential classes are providing little or no return and the commercial classes are providing above average rates or return. 1.7 SUGGESTED RATE ADJUSTMENTS Based on the results shown in Table 1‐1, CGS’ existing rates are more than adequate to meet its operating needs over the forecast period. Therefore, we recommend that CGS reduce the rate for its commercial classes of customers by approximately $1.2 million, based on the results of our cost of service study and competitive considerations. In addition to the rate reduction to the commercial customers, we recommend a revenue neutral rate change to the residential classes with an increase to the Residential Single Family customer charge and an offsetting decrease to the distribution charge for the residential class. We also recommend resetting the UIA by including the current (FY 2014) non‐weather portion of the UIA in base rates and updating the usage and inflation bases to current levels. A summary of our recommendations follows: 1. Roll the non‐weather portion of the UIA rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index to current levels. For the residential classes, the non‐weather portion of the UIA rate is $0.07 per therm. Therefore the distribution charges should be increased for Residential customers (RS, SFD, MFD, and LFD) from $0.48 to $0.55 per therm, for Small Commercial customers (SFC and SGS) from $0.46 to $0.52 per therm, for Medium Commercial customers (MCF and MGS) from $0.40 to $0.46 per therm, for Large Commercial customers (LFC and LGS) from $0.34 to $0.40 per therm, and the UIA should be reset to $0.00 per therm. The normal use per customer bases should be changed to 197 therms for the residential class and 6,203 therms for the commercial classes (includes contract customers). The CPI‐U is estimated to be 239.702 for September 2014 and this level of CPI‐U should be used as the basis for future UIA calculations. 2. Decrease the commercial class revenues by approximately $1.2 million by reducing distribution rates (after application of the UIA increase) for Small Commercial customers (SFC and SGS) from $0.52 to $0.42 per therm, for Medium Commercial customers (MCF and MGS) from $0.46 to $0.38 per therm, for Large Commercial customers (LFC and LGS) from $0.40 to $0.34 per therm, and for Standard Interruptible customers (IS) from $0.28 to $0.24 per therm. 3. Increase the Residential Single‐Family customer charge from $10.00 to $12.00 per month (excluding the Pasco County fuel surcharge). This is in line with the residential customer charges in effect at other natural gas utilities in CGS’ geographic area. At the same time, the residential class distribution charge (after application of the UIA increase) should be reduced from $0.55 to $0.44 per therm. The net effect of these changes to residential rate revenue is negligible as the increase in customer charge revenues is offset by the decrease in distribution charge revenues. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 6 4. Regularly monitor the rates charged by competitors for propane. Our projections are based on service to propane customers essentially breaking even. Charges for propane service should be increased to the extent possible when competitive factors are considered and to encourage the load levels that CGS desires. 5. Regularly monitor service charge rates and consider adopting a new pricing structure that establishes a per trip charge, which includes the first hour of labor, plus quarter hourly rates for additional time on‐site beyond one hour. Table 1‐2 shows the impact of the proposed rate changes beginning in FY 2015. Beyond the timeline captured in our study, it is suggested that CGS review anticipated cash flow and rates levels to confirm that adequate funding is maintained for its ongoing operating and capital investment needs. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 7 Table 1‐2 Historical and Projected Revenues & Revenue Requirements under Proposed Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco ‐ ‐ ‐ ‐ 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,129,400 2,684,600 2,233,400 2,279,300 2,288,400 1,918,800 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,784,000 18,066,900 17,672,900 17,780,400 17,855,700 17,558,100 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 1,968,000 2,008,700 2,053,400 2,102,500 2,156,700 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 9,395,500 9,424,800 9,454,300 9,484,100 9,514,300 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 212,300 432,900 662,300 901,600 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection ‐ ‐ ‐ ‐ 110,600 139,500 116,000 118,400 118,900 99,700 13Regulatory Imposition Adjustment Revenue223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,417,400 14,500,100 14,773,900 15,087,000 15,412,600 15,735,200 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,201,400 32,567,000 32,446,800 32,867,400 33,268,300 33,293,300 16Other Revenue 17LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 182,200 244,600 227,000 228,800 229,200 214,800 18Service Charges and Fees1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax2,009,096 1,936,983 1,836,555 1,907,026 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,267,100 4,379,800 4,424,400 4,511,200 4,597,700 4,657,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,468,500 36,946,800 36,871,200 37,378,600 37,866,000 37,950,900 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related ‐ ‐ ‐ ‐ 1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26ECA/RIA Recovery1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes2,075,417 1,999,438 1,894,789 1,968,107 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,183,100 26,178,300 26,479,600 26,814,100 28,160,300 28,507,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,285,400 10,768,500 10,391,600 10,564,500 9,705,700 9,443,900 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,770,700 9,133,800 8,636,900 8,689,800 7,711,000 7,329,200 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges(815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs(27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer6,282,474 8,778,393 9,543,372 8,282,209 9,738,300 9,287,400 8,820,700 8,904,100 7,955,900 7,590,500 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,765,400) (3,486,500) (2,900,500) (2,960,100) (2,972,000) (2,492,000) 42Net Income2,068,602 6,988,184 6,443,295 5,530,791 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,625,800 2,484,600 2,708,900 2,847,700 2,357,600 2,582,200 60Cumulative Cash Flow 30,993,800 34,619,600 37,104,200 39,813,100 42,660,800 45,018,400 47,600,600 61 Margin on Sales 17,546,800 17,184,700 17,007,300 17,366,300 17,701,000 17,654,000 62 Net Cash Flow as % of Margin 20.7%14.5%15.9%16.4%13.3%14.6% (1) LP revenue less cost of propane less propane O&M Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 8 Table 1‐3 compares typical bills under CGS’ recommended rates with Duke Energy for a residential customer. As shown in Table 1‐3, CGS holds a competitive advantage to Duke Energy for standalone applications of space heating, hot water, and cooking. Table 1‐3 Comparison of Residential Bills with Recommended Rates to Duke Energy Line Description CGS(1)Duke Energy Difference $Percent $/Therm$/kWh 1Total Rate1.700.13702 2Estimated Energy ConsumptionThermskWh 3 Heating(2)150 2,250 4Hot Water170 5,000 5Cooking45 2,000 6Annual Cost 7Heating255.00$ 308.30$ (53.30)$ ‐17.3% 8Hot Water289.00 685.10 (396.10) ‐57.8% 9Cooking76.50 274.04 (197.54) ‐72.08% 10Total620.50$ 1,267.44$ (646.94)$ ‐51.0% (1) Total volumetric rate as of 2nd Quarter 2014 (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace Note: 1 MMBtu equals 293 kWh at 100 percent efficiency. Duke Energy rates are for 1,000 kWh and above. Duke Energy rates source: https://www.duke‐energy.com/rates/progress‐energy‐florida.asp Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 9 2 Revenues and Revenue Requirements CGS provides service to residential, commercial, and industrial customers in Pinellas and Pasco Counties. 2.1 PROJECTION OF NUMBER OF NATURAL GAS CUSTOMERS, THROUGHPUT, AND SALES REVENUES Table 2‐1 summarizes historical and projected average number of customers, throughput, and revenues under existing rates for each natural gas rate schedule. Over the 2009‐2013 period, the number of natural gas customers served by CGS has increased by 775 customers, or approximately 1.1 percent per year, from 17,389 in 2009 to 18,164 in 2013. The increase in customers is largely attributable to the addition of residential customers. For the period 2009‐2012, throughput (sales) averaged 21,443,452 therms, and increased to 23,437,404 therms in 2013 due to the addition of two new contract customers. Based upon recent history, we project that number of customers and throughput will increase slightly during the projected period. Our forecast includes an additional 224 Small Residential Multi‐Family customers that were served by master meters but will become CGS accounts due to CGS’ master meter conversion program. There is no additional throughput associated with these converted customers. Our projection of numbers of customers and throughput are conservative based on our discussion with management regarding marketing efforts and existing local and statewide economic conditions. We project number of natural gas customers and weather normalized throughput to increase slightly by 2019 to 20,002 and 24,416,706 therms, respectively. Throughout the projection period, we assume that use per customer (therms per customer) is constant at the level experienced by CGS over the recent historical period. CGS experienced a significant decline in Residential use per customer in the 1990s. However, as shown in Figure 2‐1, Residential use per customer has leveled off over the last ten years. Weather normalized Residential Single‐Family use per customer has declined from 204 therms per year in FY 2009 (as of our last report) to 197 therms per year in our forecast for FY 2015. It should be noted that weather conditions during FY 2010 were significantly colder than normal and FY 2012 and FY 2013 were significantly warmer than normal as measured by heating degree‐ days. FY 2010 was approximately 81 percent colder than normal, FY 2012 was approximately 58 percent warmer than normal, and FY 2013 was approximately 19 percent warmer than normal. The weather normalized average use per Residential Single‐Family customer reflected in the projected period is 197 therms per year. The baseline FY 2015 use per Commercial2 customer is 6,203 therms per year. The decline experienced in Clearwater is consistent with trends we have seen throughout the country as older less efficient equipment (water heaters and furnaces, primarily) are being replaced with more efficient equipment. This decline appears to be primarily contained to the Residential customer classes. 2 CGS rate schedules SFC, MFC, LFC, SGS, MGS, LGS, NGV, NSS, and firm Contracts. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 10 Figure 2‐1 Residential Single‐Family Use per Customer The class throughput forecasts are based on the product of the number of customers and the use per customer forecasts. For customer classes whose usage is weather dependent (residential and commercial), the use per customer forecasts are based on regression analyses of use per customer versus heating degree‐days and time to take into account changes in usage characteristics over time. Normal (weather normalized) use per customer is then forecast using the regression coefficients and normal heating degree‐days. We base our forecast on annual heating degree‐days of 497 which is the average experienced in Clearwater over the last 10 years. Our forecast is based on the assumption of a constant use per customer; however any future decline in normal use per customer from energy conservation will be captured in the UIA. For customer classes whose usage is not weather dependent (interruptible and industrial), the primary consideration is the historical trend in use per customer. We project operating revenues under existing rates to increase to $40 million during the projection period, which is consistent with our underlying assumption regarding number of customers and inflation adjustment. Under existing and recommended rates, we assume the cost of gas to be $0.65 per therm except for contract and interruptible customers. Adequacy of the existing rates is tested by comparing revenues under existing rates with revenue requirements. To help test the reasonableness of individual rate schedules, revenue requirements are allocated to cost functions and to customer classes. The resulting allocated cost can be used as a measure of the reasonableness of recommended rate levels. 197 150 160 170 180 190 200 210 220 230 2006200720082009201020112012201320142015 Th e r m s Annual (fiscal year) use per Residential Single‐Family customer Historical Actual Usage* (*2014 is 6 months actual and 6 months forecast) Weather Normalized Forecast Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re v e n u e s an d Re v e n u e Re q u i r e m e n t s 11 Ta b l e 2‐1 Hi s t o r i c a l an d Pr o j e c t e d Cu s t o m e r , Sa l e s , an d Re v e n u e s Hi s t o r i c a l an d Pr o j e c t e d Av e r a g e Nu m b e r of Ga s Cu s t o m e r s Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l 20 0 9 1 5 , 1 8 8 57 4 2 10 9 7 ‐ 1, 5 0 5 96 4 ‐ 20 1 1 4 2 ‐ 20 1 0 1 5 , 3 3 4 56 4 2 10 5 7 ‐ 1, 6 1 7 11 2 5 ‐ 21 ‐ 0 3 1 ‐ 20 1 1 1 5 , 5 0 8 55 4 2 10 3 7 ‐ 1, 6 6 2 10 7 3 ‐ 25 ‐ ‐ 2 1 ‐ 20 1 2 1 5 , 7 0 3 53 4 2 10 3 6 ‐ 1, 7 4 7 11 3 4 2 27 ‐ ‐ ‐ 1 ‐ 20 1 3 1 5 , 8 9 6 53 4 2 10 2 6 ‐ 1, 7 5 6 11 3 4 2 31 ‐ ‐ 0 1 ‐ Pr o j e c t e d 20 1 4 1 6 , 1 2 4 27 7 3 2 10 2 6 ‐ 1, 7 6 4 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 5 1 6 , 3 6 4 27 7 3 2 10 2 6 ‐ 1, 7 6 7 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 6 1 6 , 6 1 8 27 7 3 2 10 2 6 ‐ 1, 7 7 0 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 7 1 6 , 8 8 7 27 7 3 2 10 2 6 ‐ 1, 7 7 3 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 8 1 7 , 1 7 3 27 7 3 2 10 2 6 ‐ 1, 7 7 6 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 9 1 7 , 4 7 9 27 7 3 2 10 2 6 ‐ 1, 7 7 9 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ Hi s t o r i c a l an d Pr o j e c t e d Th r o u g h p u t (T h e r m s ) Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l 20 0 9 3 , 1 0 6 , 6 4 3 81 , 4 5 7 15 0 , 8 0 4 11 5 , 0 6 0 29 1 , 4 6 6 81 , 2 7 6 ‐ 5, 4 9 7 , 6 9 5 2, 1 1 8 , 0 5 3 38 7 , 6 9 6 ‐ 2, 4 1 0 5, 2 3 9 970 544 1,167 ‐ 20 1 0 3 , 4 3 5 , 1 0 1 77 , 8 7 0 15 7 , 1 2 8 13 1 , 5 7 5 29 8 , 4 1 8 98 , 9 8 2 ‐ 6, 3 1 6 , 6 0 4 2, 5 5 5 , 4 4 9 47 5 , 0 5 2 ‐ 6, 8 3 0 ‐ 382 782 ‐ ‐ 20 1 1 3 , 1 9 7 , 0 5 1 74 , 5 1 3 14 8 , 5 1 9 11 8 , 4 0 7 23 9 , 8 1 0 91 , 7 7 3 ‐ 6, 4 0 3 , 5 6 5 2, 6 1 7 , 3 8 1 36 1 , 0 1 1 ‐ 4, 9 8 7 ‐ ‐ 710 ‐ ‐ 20 1 2 2 , 7 1 8 , 7 0 9 66 , 3 4 5 11 5 , 4 1 0 98 , 1 1 6 23 8 , 3 9 2 79 , 3 8 8 ‐ 6, 9 7 4 , 4 0 3 2, 7 5 0 , 8 7 1 56 7 , 0 4 5 46 , 9 7 0 5, 3 0 3 ‐ ‐ ‐ ‐ ‐ 20 1 3 2 , 9 5 9 , 0 2 0 67 , 2 2 9 10 2 , 8 7 4 94 , 3 7 4 22 7 , 8 9 3 78 , 9 5 1 ‐ 7, 2 8 2 , 7 3 0 2, 9 8 6 , 5 7 2 55 7 , 9 1 3 16 4 , 9 3 1 5, 4 2 1 ‐ ‐ ‐ ‐ ‐ Pr o j e c t e d 20 1 4 3 , 0 5 0 , 3 5 6 75 , 5 9 9 97 , 4 6 6 10 1 , 2 9 7 25 9 , 3 1 6 82 , 1 8 4 ‐ 7, 2 8 4 , 2 9 7 3, 0 8 0 , 7 0 7 59 3 , 4 1 1 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 5 3 , 2 2 3 , 5 3 2 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 4 9 , 1 1 4 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 6 3 , 2 8 2 , 9 3 5 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 6 4 , 5 3 2 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 7 3 , 3 4 6 , 7 5 0 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 7 9 , 9 5 1 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 8 3 , 4 1 5 , 6 7 5 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 9 5 , 3 6 9 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 9 3 , 4 9 0 , 5 0 8 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 5 1 0 , 7 8 7 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l 20 0 9 6 , 8 7 6 , 4 8 7 15 0 , 1 0 1 24 8 , 1 8 8 19 3 , 0 7 2 50 6 , 4 3 0 12 9 , 3 4 9 ‐ 8, 9 8 3 , 0 6 4 3, 2 0 3 , 1 7 0 56 2 , 8 6 8 ‐ 15 , 6 1 9 6, 9 7 9 1,592 1,084 2,351 ‐ 20 1 0 6 , 8 3 9 , 6 9 6 12 9 , 6 4 1 22 9 , 6 3 0 19 1 , 9 7 4 45 9 , 4 8 6 13 8 , 6 3 9 ‐ 9, 4 7 6 , 3 4 7 3, 5 3 0 , 2 7 9 62 6 , 0 8 8 ‐ 21 , 5 3 2 ‐ 553 1,201 448 ‐ 20 1 1 6 , 6 7 0 , 6 7 7 12 7 , 4 8 9 22 2 , 7 9 7 17 8 , 7 3 0 39 0 , 1 1 0 13 4 , 5 0 6 ‐ 9, 9 8 8 , 3 3 7 3, 7 7 1 , 0 6 2 49 3 , 7 8 8 ‐ 21 , 4 6 2 ‐ ‐ 975 300 ‐ 20 1 2 6 , 0 3 8 , 3 3 6 11 5 , 7 0 2 17 6 , 2 0 0 15 0 , 7 8 0 39 3 , 3 9 2 11 8 , 0 4 5 ‐ 10 , 9 8 7 , 2 9 7 4, 0 0 9 , 1 3 0 79 0 , 6 8 3 45 , 9 2 3 23 , 1 7 2 ‐ ‐ ‐ 300 ‐ 20 1 3 6 , 5 9 9 , 3 7 6 12 1 , 8 0 9 16 4 , 4 0 8 15 0 , 8 3 0 36 4 , 9 2 6 11 4 , 3 7 2 ‐ 11 , 3 2 9 , 6 3 9 4, 3 2 1 , 5 8 4 76 7 , 4 0 3 16 1 , 6 3 2 24 , 8 0 3 ‐ ‐ ‐ 300 ‐ Pr o j e c t e d 20 1 4 5 , 8 3 5 , 9 0 0 17 8 , 8 0 0 11 1 , 8 0 0 11 7 , 0 0 0 31 9 , 0 0 0 89 , 4 0 0 ‐ 8, 7 6 4 , 4 0 0 3, 2 7 1 , 6 0 0 59 3 , 3 0 0 21 8 , 5 0 0 26 , 5 0 0 ‐ ‐ ‐ 300 ‐ 20 1 5 (1) 5, 8 9 8 , 7 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 4 9 , 3 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 6 6 , 0 0 9 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 6 8 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 7 6 , 1 2 8 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 8 7 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 8 6 , 2 5 6 , 6 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 0 6 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 9 6 , 3 9 6 , 5 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 2 5 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 1 5 ba s e l i n e us a g e an d CP I ‐U Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re v e n u e s an d Re v e n u e Re q u i r e m e n t s 12 Ta b l e 2‐1 (C o n t i n u e d ) Hi s t o r i c a l an d Pr o j e c t e d Cu s t o m e r , Sa l e s , an d Re v e n u e s Hi s t o r i c a l an d Pr o j e c t e d Av e r a g e Nu m b e r of Ga s Cu s t o m e r s Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l 20 0 9 3 2 7 44 4 2 1 1 1 2 1 1 1 3 1 17,389 20 1 0 1 9 4 25 3 ‐ 2 1 1 1 1 1 2 1 3 1 ‐ ‐ 17,504 20 1 1 1 7 1 25 3 1 2 1 1 1 1 1 2 1 3 1 ‐ ‐ 17,693 20 1 2 1 1 6 30 3 1 2 1 1 1 1 1 2 1 3 1 ‐ ‐ 17,929 20 1 3 1 4 4 30 3 1 1 1 1 1 1 1 2 1 3 1 1 2 18,164 Pr o j e c t e d 20 1 4 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 18,632 20 1 5 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 18,875 20 1 6 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 19,132 20 1 7 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 19,404 20 1 8 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 19,693 20 1 9 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 20,002 Hi s t o r i c a l an d Pr o j e c t e d Th r o u g h p u t (T h e r m s ) Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l 20 0 9 2 , 5 2 1 , 2 5 6 1, 0 3 5 , 0 6 6 51 8 , 5 8 8 48 1 , 9 9 8 18 4 , 0 8 3 24 3 , 8 6 6 94 0 , 0 2 2 17 1 , 7 1 0 62 8 , 3 7 9 16 7 , 8 1 5 21 5 , 5 6 6 2, 0 2 9 , 4 2 4 523,376 21,501,627 20 1 0 1 , 6 9 7 , 9 9 8 67 9 , 0 1 3 53 2 , 5 4 7 ‐ 45 2 , 3 7 5 29 0 , 8 2 8 25 4 , 6 8 7 57 7 , 8 9 6 16 7 , 5 8 2 61 7 , 8 1 3 17 4 , 5 8 3 21 6 , 5 9 1 2, 0 0 3 , 8 6 6 414,539 ‐ ‐ 21,634,492 20 1 1 1 , 5 0 3 , 9 8 4 77 7 , 8 9 3 50 8 , 1 3 6 59 , 7 3 8 38 7 , 7 0 8 33 5 , 2 0 4 27 1 , 1 5 4 58 7 , 5 0 0 16 2 , 2 4 0 65 5 , 3 0 6 18 5 , 7 4 6 21 9 , 5 8 1 1, 8 6 2 , 0 5 1 564,213 ‐ ‐ 21,338,180 20 1 2 8 8 3 , 9 1 8 74 4 , 4 0 3 64 7 , 1 0 7 26 , 1 1 6 32 1 , 6 4 3 32 2 , 2 8 6 28 0 , 6 2 5 65 9 , 4 2 4 17 6 , 9 5 7 70 7 , 2 2 3 19 2 , 7 3 3 25 1 , 3 6 5 1, 8 2 8 , 5 5 1 596,208 ‐ ‐ 21,299,510 20 1 3 8 4 9 , 6 4 8 78 5 , 5 2 2 36 0 , 4 2 1 11 8 , 0 0 7 85 , 4 2 8 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 1 2 , 4 2 5 531,278 476,089 861,233 23,437,404 Pr o j e c t e d 20 1 4 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 23,725,833 20 1 5 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,088,056 20 1 6 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,162,878 20 1 7 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,242,111 20 1 8 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,326,454 20 1 9 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,416,706 Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l 20 0 9 3 , 7 7 9 , 6 1 2 1, 4 6 3 , 5 5 3 71 8 , 4 6 9 ‐ 60 1 , 6 9 6 14 7 , 5 9 5 22 3 , 7 1 8 72 5 , 6 1 7 13 3 , 4 2 6 43 7 , 5 0 0 21 0 , 4 5 1 21 7 , 2 6 0 1, 8 0 1 , 0 2 5 566,896 ‐ ‐ 31,907,175 20 1 0 2 , 2 7 1 , 9 4 8 87 6 , 7 2 1 65 1 , 9 8 7 ‐ 48 2 , 9 0 4 27 3 , 2 5 0 26 3 , 9 2 1 53 6 , 8 8 7 12 9 , 1 0 9 42 7 , 3 2 7 17 9 , 2 4 9 21 2 , 1 5 1 1, 8 1 2 , 5 0 8 385,492 ‐ ‐ 30,148,969 20 1 1 1 , 8 9 6 , 0 2 7 97 4 , 7 9 9 57 4 , 6 4 0 65 , 1 2 7 41 2 , 0 0 2 31 1 , 6 9 8 27 9 , 3 3 9 54 0 , 3 0 7 12 3 , 1 2 4 44 9 , 4 7 7 18 9 , 8 8 8 22 0 , 3 8 5 1, 6 8 4 , 8 4 6 561,571 ‐ ‐ 30,283,467 20 1 2 1 , 0 9 3 , 2 9 9 90 9 , 7 3 7 70 2 , 9 2 7 23 , 8 9 3 33 3 , 2 9 0 29 0 , 5 3 3 28 2 , 8 0 5 59 0 , 1 4 1 10 9 , 8 0 1 38 7 , 0 0 6 19 6 , 8 0 5 25 1 , 8 5 2 1, 6 5 4 , 6 9 6 567,035 ‐ ‐ 30,242,782 20 1 3 1 , 0 1 3 , 5 0 7 91 1 , 4 3 1 36 7 , 7 7 4 10 0 , 8 2 0 81 , 5 8 0 29 0 , 5 5 5 27 8 , 0 2 5 55 8 , 7 3 6 10 8 , 5 6 8 46 0 , 1 8 4 20 1 , 5 4 2 28 3 , 8 5 7 1, 8 2 0 , 1 8 2 342,235 324,869 739,442 32,004,391 Pr o j e c t e d 20 1 4 1 , 0 3 3 , 7 0 0 77 9 , 6 0 0 37 1 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,987,600 20 1 5 (1) 1, 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,956,200 20 1 6 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,085,500 20 1 7 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,223,500 20 1 8 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,370,900 20 1 9 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,529,800 (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 1 5 ba s e l i n e us a g e an d CP I ‐U Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 13 2.2 REVENUE AND REVENUE REQUIREMENTS Revenues of CGS consist of operating and non‐operating revenues. Revenue requirements of CGS consist of operating expenses, debt service requirements, transfers to the City, and financing of capital improvements. Revenues in excess of revenue requirements represent net revenues available to CGS to make contributions to the general operating fund of the City and to provide a reserve for CGS contingencies. An analysis of future revenue requirements of CGS is presented in Table 2‐2. The use of a future period is used to determine the adequacy of existing natural gas rates to meet the operating expenses, transfers, depreciation expense, and non‐operating expenses. Also, the adequacy of net cash is tested to determine whether sufficient cash is generated to fund capital improvements internally. We show historical data from the years 2010 through 2013, we show actual/budgeted data for 2014, and we project future revenue requirements for the five‐year period 2015 through 2019. Historical information is based on financial statements and information provided to us by CGS. Projections for the forecast period reflect current inflationary trends and short and long‐range capital improvement program for CGS, as provided by CGS staff. 2.3 REVENUES CGS’ operating revenues are shown in Table 2‐23, Lines 1 through 21. Operating revenues are directly affected by the level of rate charges and gas costs, which are passed through directly to CGS’ customers. Operating revenues consist principally of revenues from the distribution of gas utility service to CGS customers. On a monthly basis, CGS changes rates to reflect increases and decreases in the cost of gas that CGS purchases for its sales service customers. During the projection period, ECA and RIA revenues are assumed to be equal to the corresponding costs applicable to these riders in each year. UIA revenues increase each year based on an estimated September 2014 Consumer Price Index of 239.702 and an assumed annual increase in the Consumer Price Index of 3 percent. Other revenues, shown on Lines 16 through 20, include revenues associated with LP sales revenue credit, gas service charges, appliance sales, installation charges, materials charges, inspection fees, late payment fees, franchise fees, and gross receipts tax collection. We assume during the projected period that revenues collected for franchise fees and gross receipts taxes are equal to the expenses incurred. 3 Note that projected Total Gas Sales Revenue shown on line 15 of Table 2‐2 reconciles to the Total Revenue column on Table 2‐1 by excluding the following Table 2‐2 items: a. Line 6, Fuel Related Dividend Collection b. Line 10, Usage & Inflation Adjustment Revenue c. Line 11, Energy Conservation Adjustment Revenue d. Line 12, ECA Related Dividend Collection e. Line 13, Environmental Imposition Adjustment Revenue Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 14 Table 2‐2 Historical and Projected Revenues & Revenue Requirements under Existing Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,036,700 2,692,000 2,698,800 2,727,300 2,757,800 2,407,300 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,691,300 18,074,300 18,138,300 18,228,400 18,325,100 18,046,600 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 2,133,900 2,177,100 2,224,400 2,276,300 2,333,400 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 10,440,000 10,468,900 10,498,000 10,527,300 10,557,100 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 260,000 530,300 811,700 1,104,900 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection 105,800 139,800 140,200 141,700 143,300 125,100 13Regulatory Imposition Adjustment Revenue223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,412,600 15,710,800 16,058,300 16,422,400 16,803,400 17,183,400 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,103,900 33,785,100 34,196,600 34,650,800 35,128,500 35,230,000 16Other Revenue 17 LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 178,600 244,900 245,100 246,300 247,400 233,800 18Service Charges and Fees1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax2,009,096 1,936,983 1,836,555 1,907,026 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,259,500 4,426,100 4,509,500 4,596,700 4,686,900 4,749,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,363,400 38,211,200 38,706,100 39,247,500 39,815,400 39,979,600 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26Other ECA/RIA Recovery1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes2,075,417 1,999,438 1,894,789 1,968,107 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,179,100 26,224,300 26,546,600 26,882,100 28,231,300 28,580,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,184,300 11,986,900 12,159,500 12,365,400 11,584,100 11,399,600 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,669,600 10,352,200 10,404,800 10,490,700 9,589,400 9,284,900 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges(815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs(27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer6,282,474 8,778,393 9,543,372 8,282,209 9,637,200 10,505,800 10,588,600 10,705,000 9,834,300 9,546,200 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,645,082) (3,496,100) (3,504,900) (3,541,900) (3,581,600) (3,126,400) 42Net Income2,068,602 6,988,184 6,443,295 5,530,791 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,645,018 3,693,400 3,872,400 4,066,800 3,626,400 3,903,500 60Cumulative Cash Flow 30,993,800 34,638,818 38,332,218 42,204,618 46,271,418 49,897,818 53,801,318 61 Margin on Sales 17,449,300 18,402,800 18,757,100 19,149,700 19,561,200 19,590,700 62 Net Cash Flow as % of Margin 20.9%20.1%20.6%21.2%18.5%19.9% (1) LP revenue less cost of propane less propane O&M Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 15 2.4 REVENUE REQUIREMENTS 2.4.1 Operating Expenses Operating expenses include purchased gas expense, operation and maintenance expense, administrative and general expense, and other expenses. Projections of future operating expense are based on analyses of historical trends in operating data, with consideration of both current and anticipated future operating conditions and inflationary impacts. Total operating expenses (Table 2‐2, Line 28) have fluctuated over the past four years from a low of $23.6 million in 2012 to a high of $27.2 million in 2010. The largest O&M expense is the cost of purchased gas. Purchased gas expenses also fluctuated from a low of $13.7million in 2012 to a high of $16.7 million in 2010 (Line 23). Purchased gas expenses fluctuate due to changes in the market price of natural gas and weather conditions (which impact the quantity of natural gas purchased). CGS passes along changes in natural gas costs to its retail customers on a monthly basis through a purchased gas adjustment (PGA). Operation and maintenance (O&M) and administrative and general (A&G) expense are shown in aggregate on Line 24 of Table 2‐2. These expenses include salaries and employee benefits, materials and supplies, repairs and maintenance, contractual services, and office and utility expenses. O&M and A&G expenses have increased significantly over the past three years. Part of this increase was driven by overtime associated with large projects such as the antiquated mains program and master meter conversions. We forecast in Line 25 the portion of future O&M expense associated with these programs that are considered regulatory impositions and therefore are recovered in the RIA revenue. The RIA is the Regulatory Imposition Adjustment and is intended to recover the cost of programs imposed on CGS by federal, state, or local regulatory agencies. We project the balance of O&M and A&G expenses to increase 3 percent annually, growing from $7.7 million in 2015 to $8.7 million by 2019. Much of this increase is attributable to the continued increases in salaries and benefits. Other ECA/RIA recovery shown in Line 26 is the balance of expenses that are recovered through the ECA and RIA riders in CGS’ tariff that are not related to the large projects shown in Line 25 or in Plant Extension and Replacements shown in Lines 51 and 52. The ECA is the Energy Conservation Adjustment and is intended to recover costs associated with energy conservation programs. Taxes shown on Line 27 consist of franchise and gross receipts taxes. Non‐operating revenues/expenses include interest income, interest expenses and fiscal charges, amortization of bond discount and issue costs, gain on exchange of assets, and other non‐operating revenues. These revenues and expenses are shown on Table 2‐2, Lines 32 through 39. Interest earnings, amortization of debt issuance costs and other operating revenues are forecast to remain flat during the forecast period. Interest expenses are forecasted to decline through the period consistent with CGS paying down debt during the period. 2.4.2 Transfers to the City CGS’ payment to the City has ranged from $1.8 million to $4.2 million during the historical period (Line 41). Based on our discussion with CGS management, we have forecast CGS’ annual payment to the City to equal the greater of one‐half of the previous year’s net income or $1.7 million during the Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 16 forecast period. If the transfer should exceed this amount, a base rate increase may be necessary to provide adequate cash flow for CGS. Such an increase could negatively impact CGS’ competitiveness. 2.4.3 Depreciation Depreciation is also classified as an operating expense and hence a revenue requirement. This concept follows generally accepted accounting practices. Since depreciation represents a non‐cash item, it does not create a cash requirement. Depreciation is the method by which the cost of capital investment is charged to operations over the life of the property. We forecast the annual depreciation expense (Line 30) for CGS to increase from $1.6 million in 2015 to $2.1 million in 2019. The increase in depreciation expense is based on the assumption that CGS will invest in its system the capital amounts shown on Line 50 through Line 52 of Table 2‐2. 2.4.4 Debt Service Debt service includes interest and principal payments on revenue bonds issued by CGS. CGS currently has four outstanding bond series. The first is related to the issuance of bonds in 2005 to be paid off in fiscal year 2014. The second is related to the issuance of bonds in 2007 to be paid off in fiscal year 2017. The third is related to the issuance of bonds in 2013 to be paid off in fiscal year 2026. The fourth is related to the issuance of bonds in 2014 to be paid off in fiscal year 2027. The principal payments associated with these debt issues are shown on Lines 45 through 48 on Table 2‐2. Principal payments are projected to be approximately $1 million annually for 2015 through 2017 and drop to approximately $650,000 for the remainder of the forecast period. The interest payments and amortization of debt issuance costs are shown on Lines 35 and 36. 2.4.5 Plant Extensions and Replacements Plant extensions and replacements include normal annual additions and replacements and the portion of major capital improvements financed from current revenues. Normal additions consist primarily of additions to distribution and general plant facilities. Plant extensions and replacements for CGS for the 2015 through 2019 period are shown on Lines 50 through 52 of Table 2‐2. We show the portion of system plant extensions and replacements separate from those associated with RIA and ECA recovery. Using the capital improvement plan provided by CGS, we project capital expenditures of $4 million annually will be financed through revenues during the 2015‐2019 period. We summarize projected capital improvements for CGS in the table below. As discussed more fully below, CGS is generating sufficient cash flow to fund these levels of capital improvements from internal sources without issuing debt. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 17 PROJECT CAPITAL EXPENDITURES FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 TOTAL $$$$$ $ Environmental Remediation 100,000 100,000 100,000 100,000 100,000 500,000 Line Relocation Pinellas ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Gas Meter Change out ‐ Pinellas 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pinellas ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Pinellas New Mains & Service Lines 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 Pasco New Mains & Service Lines 500,000 500,000 500,000 500,000 500,000 2,500,000 Gas Meter Change Out ‐ Pasco 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Building Renovation 200,000 200,000 200,000 200,000 200,000 1,000,000 Expanded Energy Conservation 500,000 500,000 500,000 500,000 500,000 2,500,000 Natural Gas Vehicle 300,000 300,000 300,000 300,000 300,000 1,500,000 Future IMS Software and Hardware 100,000 100,000 100,000 100,000 100,000 500,000 Total New Capital 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 20,000,000 2.4.6 Net Cash Flow As shown on Line 59 of Table 2‐2, we project CGS’ annual cash flow under existing rates will grow from $3.7 million to $3.9 million during the forecast period. On Line 60 of Table 2‐2 we show CGS’ cumulative cash flow totaling approximately $53.8 million by 2019 under existing rates. Based on this analysis, CGS’ existing rates are more than adequate to meet its capital expenditures over the forecast period. 2.5 PROPOSED RATE ADJUSTMENT Based on our projections, we recommend an overall decrease in base rates during the forecast period. We recommend that CGS reduce the rate for its commercial class of customers by approximately $1.2 million, based on the results of our cost of service study and competitive considerations. Our projections are contingent upon CGS maintaining load levels (customers and throughput) at the levels projected and that costs (including payments to the City) do not increase significantly above the levels projected. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 18 3 Cost of Service 3.1 COST OF SERVICE Allocation of cost of service to customer classes provides a measure of the responsibility of each customer class for the total cost of utility service provided by CGS. Comparison of these costs with rate revenues under existing rates provides a guide for the development of fair and equitable rates. The allocation of cost of service is based upon conditions estimated for a test year that reflects typical operations of the natural gas system. The cost of service to be recovered from natural gas sales is set to equal to 2015 test year sales operating revenues of $31,395,600 for the non‐market based rate classes. We have excluded the gas costs associated with the market based rate classes and have recognized the margin associated with these customers as a credit to revenue in our cost of service study. In order to allocate costs of service to customer classifications, test year revenue requirements are separated between operating expense, depreciation expense, non‐operating expense, transfers, and return. The costs related to these elements for the test year are as follows: 2015 TEST YEAR COST OF SERVICE Operating Expense4 $22,527,100 Depreciation Expense $1,634,700 Non‐operating Expense (Revenue)($153,600) Transfers $3,486,500 Return5 $3,900,900 Total Cost of Service $31,395,600 Operating expenses include operation and maintenance, purchased gas, administrative and general, and bad debt. Depreciation expense is the allocation of an asset’s cost over the useful life of the asset. Transfers are the amount of operating income that is transferred to the City of Clearwater. The balance of annual revenues after operating expenses, depreciation expense allowances, non‐ operating expenses, and transfers is the return. This balance plus depreciation is the total amount of cash flow available. 4 Operating Expenses for test year cost of service excludes the cost of gas associated with interruptible, vehicle, air conditioning, lighting, and standby rates which are credited to cost of service. 5 The difference between Return shown for test year cost of service and the Net Income is the capital portion of ECA/RIA recovery. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 19 3.2 CUSTOMER CLASSIFICATIONS For purposes of class cost of service, current customer classifications are used. The table below summarizes number of customers, throughput, and revenues under proposed rates for the test year. CUSTOMER CLASSIFICATION NUMBER OF CUSTOMERS GAS THROUGHPUT REVENUES UNDER PROPOSED RATES Therms $ Residential Single‐Family 1‐3 U 16,364 3,223,532 5,932,700 Small Res M‐Fam 277 70,552 160,100 Medium Res M‐Fam 3 80,575 89,400 Large Res. M‐Fam 2 100,250 111,800 Subtotal 16,646 3,474,909 6,294,000 Commercial Small Commercial (1) 1,869 7,693,267 8,810,300 Medium Commercial (2) 123 3,202,412 3,364,900 Large Commercial (3) 4 616,268 616,000 Subtotal 1,996 11,511,947 12,791,200 Total (4) 18,642 14,986,856 19,085,200 (1) Small Commercial includes rates SFC and SGS (2) Medium Commercial includes rates MFC and MGS (3) Large Commercial includes rates LFC and LGS (4) Total excludes vehicle, standby, street lighting, air conditioning, contracts and interruptible service because revenues from these rates are credited to cost of service. 3.3 BASIS FOR ALLOCATION Costs are allocated to customer classes in proportion to the class responsibility for the functional use of the natural gas system. Functional factors used in this study include demand requirements, volume of gas (throughput), and number of customers. A portion of natural gas distribution mains and distribution regulators are examples of capacity related facilities. The investment in these facilities and the expenses associated with their operations are mainly determined by customer peak demands. Costs related to throughput are those that tend to vary with the quantity of natural gas delivered. The commodity cost of purchased Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 20 gas is a typical example of a throughput related cost that applies to non‐transportation customers. Customer related costs are expenses associated with items such as service lines, meters, house regulators, customer billing, and accounting and tend to vary with the number of customers served. 3.3.1 Cost Functions The functional classification of cost of service is based upon an analysis of the use of major plant elements. The major plant elements for a natural gas utility include mains, services, meters and regulators, and general plant. We classify the major plant elements to functions and then use this allocation as our basis to allocate operating and maintenance and administrative and general expenses to functions. Table 3‐1 shows the functional classification of plant in service and expenses. We classify costs into six major functions: distribution–capacity, distribution–commodity, distribution–customer, meters and regulators, services, and customer accounting. With regard to CGS’ investment in mains, we classify 40 percent of the fixed costs as capacity or demand related, 10 percent as commodity or throughput related, and 50 percent as customer related. These percentages are based on our experience with detailed studies we have done for other natural gas distribution utilities. We classify costs associated with the services as services related costs. We classify costs associated with meters and regulators as meters and regulators related costs. We assign 60 percent of O&M expenses (excluding customer accounting and administrative and general) to mains and services and the remaining and 40 percent to meters as shown on Lines 11 and 12 of Table 3‐1. This assignment is based on our experience with the relative relationship of these expenses for other natural gas utilities. We classify customer accounting expenses as customer accounts related costs. Table 3‐2 shows the allocation of test year operating expense, depreciation expense, non‐operating expense, transfers, and return to functional classifications. Page 1 of Table 3‐2 summarizes the allocators developed in Table 3‐1. On Page 2, we show the application of the functional allocators to the costs of service. We also show other revenues as a credit to cost of service. The total cost of service on Line 15 of Table 3‐2 excludes the $5.6 million cost of gas associated with revenues that are credited to cost of service. Revenues credited to cost of service include $2.2 million of service charges to customers, $2 million of tax collection revenues, $2.8 million of dividend collection revenues, $3 million of ECA/RIA revenues, and $2.4 million in net revenues to classes credited to cost of service. The net revenues from classes credited to cost of service primarily include net revenues from propane sales, contract natural gas sales and interruptible sales. The prices for service to these customers are generally based on market conditions rather than allocated cost of service. 3.3.2 Allocation Factors and Allocation of Cost of Service Table 3‐3 shows the development of the allocation factors used to allocate capacity, commodity, meters and regulators, services, and customer accounting related costs to customer classes. Capacity related costs are allocated to customer classes on the basis of estimated maximum demand (Lines 1‐4). Test year maximum demands are derived from estimated load factors for each customer class using the results of statistics developed in the determination of weather normalized Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 21 throughput. The class responsibility for commodity (variable) costs is proportional to the amount of gas throughput and is distributed to customer classes on that basis (Lines 5‐7). The allocation of distribution customer related costs are shown on Lines 8‐12 of Table 3‐3. Distribution customer related costs are not the same as the customer related function. Within the distribution primary account are the services, meters, and regulators used to serve individual customers. Costs associated with these items are considered customer related. There is also a customer component of distribution mains, which recognizes the implication of the distance between individual customers (customer density) on the cost of distribution mains. The weighting factors that we show on Line 10 recognize the relative difference in cost to serve the various customer classes compared to the residential classes. We apply weighting factors that are typical of our experience with detailed studies we have completed for other gas distribution utilities. Meter and services costs are related to the maintenance and capital charges associated with meters and services. The cost of service responsibility for customer costs is allocated to the customer classifications on the basis of annual bills for the test year. For equitable cost allocation, the number of bills are weighted to recognize cost differences due primarily to load size and type of service rendered. We show the development of weighting factors for meters/regulators and services on Line 15 and Line 20, respectively. Customer accounting costs are related to collection and accounting of bills rendered to CGS customers. We show the development of weighting factors for customer accounting on Line 25. Revenues under recommended rates (Line 30) are used as the basis to allocate 50 percent of transfers. The remaining 50 percent is allocated to classes based on plant in service. Allocation of cost of service to customer classes and the resultant rate of return by customer class are shown in Table 3‐4. This allocation is made by distributing costs assigned to cost functions in Table 3‐2, Page 2 to customer classes using the class allocation factors developed in Table 3‐3. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Co s t of Se r v i c e 22 Ta b l e 3‐1 Fu n c t i o n a l Co s t of Se r v i c e Di s t r i b u t i o n Cu s t o m e r Sp e c i f i c Di s t r i b u t i o n Li n e De s c r i p t i o n To t a l Ca p a c i t y Co m m o d i t y Cu s t o m e r Me t e r s / R e g Se r v i c e s Cu s t o m e r Ac c t s Al l o c a t i o n $$ $ $ $ $ $ 1P l a n t in Se r v i c e @ 9/ 3 0 / 2 0 1 3 2 I n t a n g i b l e Pl a n t 3 3 6 , 7 0 0 33 , 2 5 8 8, 3 1 5 41 , 5 7 3 73 , 9 0 7 27 , 7 1 5 15 1 , 9 3 2 Li n e 2 0 3 Ma i n s (1 ) 45 , 4 0 5 , 2 0 0 18 , 1 6 2 , 0 8 0 4, 5 4 0 , 5 2 0 22 , 7 0 2 , 6 0 0 40 - C a p , 1 0 - C o m m , 5 0 - C u s t 4 Me t e r s / R e g u l a t o r s (1 ) 15 , 1 3 5 , 1 0 0 15 , 1 3 5 , 1 0 0 10 0 - C u s t 5 Se r v i c e s (1 ) 15 , 1 3 5 , 1 0 0 15 , 1 3 5 , 1 0 0 10 0 - C u s t 6 S u b t o t a l 7 6 , 0 1 2 , 1 0 0 18 , 1 9 5 , 3 3 8 4, 5 4 8 , 8 3 5 22 , 7 4 4 , 1 7 3 15 , 2 0 9 , 0 0 7 15 , 1 6 2 , 8 1 5 15 1 , 9 3 2 Su m o f L i n e 2 t h r u L i n e 5 7G e n e r a l Pl a n t 4 , 3 0 5 , 3 0 0 42 5 , 2 6 5 10 6 , 3 1 6 53 1 , 5 8 1 94 5 , 0 3 4 35 4 , 3 8 8 1, 9 4 2 , 7 1 6 Li n e 2 0 8T o t a l Pl a n t in Se r v i c e 8 0 , 3 1 7 , 4 0 0 18 , 6 2 0 , 6 0 3 4, 6 5 5 , 1 5 1 23 , 2 7 5 , 7 5 4 16 , 1 5 4 , 0 4 1 15 , 5 1 7 , 2 0 3 2, 0 9 4 , 6 4 8 Li n e 6 + L i n e 7 9 A l l o c a t i o n Fa c t o r s 1 0 0 . 0 0 % 2 3 . 1 8 % 5 . 8 0 % 2 8 . 9 8 % 2 0 . 1 1 % 1 9 . 3 2 % 2 . 6 1 % 10 O & M Ex p e n s e s 11 Ma i n s & Se r v i c e s (2 ) 1, 6 0 4 , 7 0 0 48 1 , 4 0 9 . 7 3 12 0 , 3 5 2 . 4 3 60 1 , 7 6 2 . 1 7 ‐ 40 1 , 1 7 5 . 6 6 ‐ Li n e 3 a n d L i n e 5 12 Me t e r s (2 ) 1, 0 6 9 , 8 0 0 ‐ ‐ ‐ 1, 0 6 9 , 8 0 0 ‐ ‐ Li n e 4 13 C u s t o m e r 2 , 1 9 9 , 2 0 0 2, 1 9 9 , 2 0 0 Di r e c t 14 T o t a l O& M Ex p e n s e s 4 , 8 7 3 , 7 0 0 48 1 , 4 1 0 12 0 , 3 5 2 60 1 , 7 6 2 1, 0 6 9 , 8 0 0 40 1 , 1 7 6 2, 1 9 9 , 2 0 0 Su m o f L i n e 1 1 t h r u L i n e 1 3 15 A l l o c a t i o n Fa c t o r s 1 0 0 . 0 0 % 9 . 8 8 % 2 . 4 7 % 1 2 . 3 5 % 2 1 . 9 5 % 8 . 2 3 % 4 5 . 1 2 % 16 A d m i n i s t r a t i v e an d Ge n e r a l 17 O t h e r A& G 2 , 8 6 2 , 2 0 0 28 2 , 7 2 0 70 , 6 8 0 35 3 , 4 0 0 62 8 , 2 6 6 23 5 , 6 0 0 1, 2 9 1 , 5 3 4 Li n e 1 4 18 T o t a l Ad m i n i s t r a t i v e an d Ge n e r a l Ex p e n s e s 2 , 8 6 2 , 2 0 0 28 2 , 7 2 0 70 , 6 8 0 35 3 , 4 0 0 62 8 , 2 6 6 23 5 , 6 0 0 1, 2 9 1 , 5 3 4 Su m o f L i n e 1 7 t h r u L i n e 1 7 19 A & G Al l o c a t i o n Fa c t o r s 1 0 0 . 0 0 % 9 . 8 8 % 2 . 4 7 % 1 2 . 3 5 % 2 1 . 9 5 % 8 . 2 3 % 4 5 . 1 2 % 20 T o t a l O& M an d A& G 7 , 7 3 5 , 9 0 0 76 4 , 1 2 9 19 1 , 0 3 2 95 5 , 1 6 2 1, 6 9 8 , 0 6 6 63 6 , 7 7 6 3, 4 9 0 , 7 3 4 Li n e 1 4 + L i n e 1 8 (1 ) Ba s e d on ou r ex p e r i e n c e wi t h ot h e r ga s ut i l i t i e s , ma i n s , me t e r s / r e g u l a t o r s an d se r v i c e s ty p i c a l l y ac c o u n t fo r 60 , 20 , an d 20 pe r c e n t , re s p e c t i v e l y , of Di s t r i b u t i o n Pl a n t . (2 ) Ba s e d on ou r ex p e r i e n c e wi t h ot h e r ga s ut i l i t i e s , ma i n s & se r v i c e s an d me t e r s ty p i c a l l y ac c o u n t fo r 60 an d 40 pe r c e n t , re s p e c t i v e l y , of O& M ex p e n s e s . Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 23 Table 3‐2 Allocation of 2015 Test Year Cost of Service to Cost Functions Cost Function Allocators Distribution Customer Specific Distribution Line Description Capacity Commodity Customer Meters/Reg Services Customer Accts Direct 1Operating Expense 2Gas Purchased 100% 3Administrative Expense9.88%2.47%12.35%21.95%8.23%45.12% 4Operation and Maintenance Expense9.88%2.47%12.35%21.95%8.23%45.12% 5ECA/EIA100% 6Taxes 100% 7Total Operating Expense 8Depreciation Expense23.18%5.80%28.98%20.11%19.32%2.61% 9Non‐Operating Expense23.18%5.80%28.98%20.11%19.32%2.61% 10Transfers 11Plant in Service23.18%5.80%28.98%20.11%19.32%2.61% 12Revenue 100% 13Total Transfer 14Return23.18%5.80%28.98%20.11%19.32%2.61% 15Total Cost of Service 16Revenue Credit 17Service Charges to Customers 18Gas Service Charge 100% 19Appliance Sales 100% 20Installation Charges23.18%5.80%28.98%20.11%19.32%2.61% 21Materials Charges 100% 22Inspection Fees 100% 23Late Payment Fees 100% 24Franchise Fees100% 25Gross Receipts Tax100% 26Total Service Charges to Customers 27Fuel and ECA Dividend Collection11.59%2.90%14.49%10.06%9.66%1.30%50.00% 28ECA/RIA Revenues100% 29 Margin on sales from market dirven rates(1)23.18%5.80%28.98%20.11%19.32%2.61% 30Total Revenue Credit 31Net Cost of Service 32Customer Related Costs (1) Includes Contract, Interruptible, NG Vehicle, Air Conditioning, Lighting, Standby and LP sales Margin Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 24 Table 3‐2 (Continued) Allocation of 2015 Test Year Cost of Service to Cost Functions Allocated Cost of Service to Cost Functions Cost ofDistribution Customer Specific Distribution Line Description Service Capacity Commodity Customer Meters/Reg Services Customer Accts Direct $$$$$$$$ 1Operating Expense 2Gas Purchased9,831,100 ‐ ‐ ‐ ‐ ‐ ‐ 9,831,100 3Administrative Expense2,862,200 282,720 70,680 353,400 628,266 235,600 1,291,534 ‐ 4Operation and Maintenance Expense4,873,700 481,410 120,352 601,762 1,069,800 401,176 2,199,200 ‐ 5 ECA/RIA(1)2,997,100 ‐ 2,997,100 ‐ ‐ ‐ ‐ ‐ 6 Taxes(2)1,963,000 ‐ 1,963,000 ‐ ‐ ‐ ‐ ‐ 7Total Operating Expense22,527,100 764,129 5,151,132 955,162 1,698,066 636,776 3,490,734 9,831,100 8Depreciation Expense1,634,700 378,985 94,746 473,731 328,783 315,822 42,632 ‐ 9Non‐Operating Expense(153,600) (35,610) (8,903) (44,513) (30,893) (29,675) (4,006) ‐ 10Transfers 11Plant in Service (50%)1,743,250 404,151 101,038 505,189 350,616 336,793 45,463 ‐ 12Revenue (50%)1,743,250 ‐ ‐ ‐ ‐ ‐ ‐ 1,743,250 13Total Transfer3,486,500 404,151 101,038 505,189 350,616 336,793 45,463 1,743,250 14Return3,900,900 904,376 226,094 1,130,470 784,578 753,648 101,734 ‐ 15Total Cost of Service31,395,600 2,416,031 5,564,108 3,020,039 3,131,150 2,013,364 3,676,558 11,574,350 16Revenue Credit 17Service Charges to Customers 18Gas Service Charge(224,300) ‐ ‐ ‐ ‐ ‐ (224,300) ‐ 19Appliance Sales(755,200) ‐ ‐ ‐ ‐ ‐ (755,200) ‐ 20Installation Charges(853,700) (197,920) (49,480) (247,400) (171,703) (164,934) (22,264) ‐ 21Materials Charges(149,200) ‐ ‐ ‐ ‐ ‐ (149,200) ‐ 22Inspection Fees(43,200) ‐ ‐ ‐ ‐ ‐ (43,200) ‐ 23Late Payment Fees(146,600) ‐ ‐ ‐ ‐ ‐ (146,600) ‐ 24Franchise Fees(1,308,000) ‐ (1,308,000) ‐ ‐ ‐ ‐ ‐ 25Gross Receipts Tax(655,000) ‐ (655,000) ‐ ‐ ‐ ‐ ‐ 26Total Service Charges to Customers(4,135,200) (197,920) (2,012,480) (247,400) (171,703) (164,934) (1,340,764) ‐ 27Fuel and ECA Dividend Collection(2,824,100) (327,366) (81,842) (409,208) (284,002) (272,806) (36,826) (1,412,050) 28ECA/RIA Revenues(2,997,100) ‐ (2,997,100) ‐ ‐ ‐ ‐ ‐ 29 Margin on sales from market driven rates(3)(2,354,000) (545,746) (136,436) (682,182) (473,454) (454,789) (61,391) ‐ 30Total Revenue Credit(12,310,400) (1,071,032) (5,227,858) (1,338,790) (929,159) (892,529) (1,438,981) (1,412,050) 31Net Cost of Service19,085,200 1,344,999 336,250 1,681,249 2,201,991 1,120,835 2,237,577 10,162,300 32Customer Related Costs5,560,403 2,201,991 1,120,835 2,237,577 (1) Includes the capital portion of ECA/RIA of $1,900,000. (2) Franchise and Gross Receipts Taxes. (3) Includes Contract, Interruptible, Vehicle, Air Conditioning, Lighting, Standby and LP sales Margin. Gas Costs for these cusomers equals $5,551,200. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Co s t of Se r v i c e 25 Ta b l e 3‐3 Es t i m a t e d 20 0 9 Te s t Ye a r Un i t s of Se r v i c e an d Al l o c a t i o n Fa c t o r s Re s i d e n t i a l Commercial Si n g l e ‐Fa m i l y 1‐3 US m a l l Re s M‐Fa m M e d i u m Re s M‐Fa m L a r g e Re s . M‐Fa m S m a l l Co m m e r c i a l M e d i u m CommercialLarge Commercial Li n e Al l o c a t i o n Fa c t o r To t a l Ut i l i t y (R S ) (S F D ) (M F D ) (L F D ) (S F C / S G S ) (MFC/MGS)(LGS) 1 C a p a c i t y 2E s t i m a t e d Lo a d Fa c t o r 1 2 . 9 5 % 1 4 . 2 7 % 1 7 . 6 2 % 1 2 . 1 7 % 3 1 . 2 3 % 4 0 . 4 6 % 3 8 . 5 3 % 3P e a k De m a n d Re s p o n s i b i l i t y ‐ Th e r m s / d a y 1 6 6 , 5 8 6 68 , 1 7 5 1, 3 5 4 1, 2 5 3 2, 2 5 7 67 , 4 8 2 21,683 4,382 4 C a p a c i t y Co s t Al l o c a t o r 1 . 0 0 0 0 0 0. 4 0 9 2 5 0. 0 0 8 1 3 0. 0 0 7 5 2 0. 0 1 3 5 5 0. 4 0 5 0 9 0.13016 0.02630 5C o m m o d i t y 6 A n n u a l Th r o u g h p u t ‐ Th e r m s 1 4 , 9 8 6 , 8 5 6 3, 2 2 3 , 5 3 2 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 7, 6 9 3 , 2 6 7 3,202,412 616,268 7C o m m o d i t y Co s t Al l o c a t o r 1 . 0 0 0 0 0 0. 2 1 5 0 9 0. 0 0 4 7 1 0. 0 0 5 3 8 0. 0 0 6 6 9 0. 5 1 3 3 3 0.21368 0.04112 8 D i s t r i b u t i o n Cu s t o m e r Re l a t e d Co s t s 9A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 1 8 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 10 W e i g h t i n g Fa c t o r 1 1 3 3 2 3 5 11 W e i g h t e d Nu m b e r of Cu s t o m e r s 2 0 , 7 8 3 16 , 3 6 4 27 7 9 6 3, 7 3 8 369 20 12 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1 . 0 0 0 0 0 0. 7 8 7 3 7 0. 0 1 3 3 3 0. 0 0 0 4 3 0. 0 0 0 2 9 0. 1 7 9 8 6 0.01775 0.00096 13 M e t e r s & Re g u l a t o r s 14 A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 1 8 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 15 W e i g h t i n g Fa c t o r 1 2 4 5 3 4 10 16 W e i g h t e d Nu m b e r of Cu s t o m e r s 2 3 , 0 7 9 16 , 3 6 4 55 4 12 10 5, 6 0 7 492 40 17 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1 . 0 0 0 0 0 0. 7 0 9 0 4 0. 0 2 4 0 0 0. 0 0 0 5 2 0. 0 0 0 4 3 0. 2 4 2 9 5 0.02132 0.00173 18 S e r v i c e s 19 A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 1 8 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 20 W e i g h t i n g Fa c t o r 1 1 3 3 2 3 5 21 W e i g h t e d Nu m b e r of Cu s t o m e r s 2 0 , 7 8 3 16 , 3 6 4 27 7 9 6 3, 7 3 8 369 20 22 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1 . 0 0 0 0 0 0. 7 8 7 3 7 0. 0 1 3 3 3 0. 0 0 0 4 3 0. 0 0 0 2 9 0. 1 7 9 8 6 0.01775 0.00096 23 C u s t o m e r Ac c o u n t i n g 24 A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 1 8 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 25 W e i g h t i n g Fa c t o r 1 1 2 2 1 2 2 26 W e i g h t e d Nu m b e r of Cu s t o m e r s 1 8 , 7 1 1 16 , 3 6 4 27 7 6 4 1, 8 6 9 185 6 27 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1 . 0 0 0 0 0 0. 8 7 4 5 9 0. 0 1 4 8 0 0. 0 0 0 3 2 0. 0 0 0 2 1 0. 0 9 9 8 9 0.00986 0.00032 28 R e v e n u e Un d e r Re c o m m e n d e d Ra t e s 29 R e v e n u e ‐ $ 1 9 , 0 8 5 , 2 0 0 5, 9 3 2 , 7 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 8, 8 1 0 , 3 0 0 3,364,900 616,000 30 R e v e n u e Al l o c a t o r 1 . 0 0 0 0 0 0. 3 1 0 8 5 0. 0 0 8 3 9 0. 0 0 4 6 8 0. 0 0 5 8 6 0. 4 6 1 6 3 0.17631 0.03228 31 U s e Pe r Cu s t o m e r 8 0 3 . 9 3 19 6 . 9 9 25 4 . 7 0 26 , 8 5 8 . 3 1 50 , 1 2 4 . 9 6 4, 1 1 6 . 2 5 26,035.87 154,067.05 Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 26 3.4 SUMMARY OF COSTS OF SERVICE AND COMPARISON WITH REVENUES Table 3‐4 contains a comparison of allocated cost of service with test year revenues under recommended rates to determine the return on allocated net plant investment for each of the customer classes. The rate of return shown in this table is shown strictly to provide a means to measure the relative contribution of each class to cost of service. The absolute percentage is not critical for a non‐profit municipal system. What is useful are the relative percentages by class. Our results indicate that under recommended rates, the residential classes are providing little or no return and the commercial classes are providing above average rates or return. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Co s t of Se r v i c e 27 Ta b l e 3‐4 Al l o c a t i o n of 20 0 9 Te s t Ye a r Co s t of Se r v i c e to Cu s t o m e r Cl a s s e s , an d Ra t e of Re t u r n to Cu s t o m e r Cl a s s e s Al l o c a t i o n to Cu s t o m e r Cl a s s e s Re s i d e n t i a l Commercial Si n g l e ‐Fa m i l y 1‐3 US m a l l Re s M‐Fa m M e d i u m Re s M‐Fa m L a r g e Re s . M‐Fa m S m a l l Co m m e r c i a l M e d i u m CommercialLarge Commercial Li n e Al l o c a t i o n Fa c t o r To t a l Ut i l i t y (R S ) (S F D ) (M F D ) (L F D ) (S F C / S G S ) (MFC/MGS)(LGS) $$ $ $ $ $ $ $ 1O p e r a t i n g Ex p e n s e 2G a s Pu r c h a s e d 9 , 8 3 1 , 1 0 0 2, 1 5 7 , 9 0 0 46 , 0 0 0 52 , 5 0 0 65 , 4 0 0 5, 0 1 8 , 4 0 0 2,089,000 401,900 3 A d m i n i s t r a t i v e Ex p e n s e 2 , 8 6 2 , 2 0 0 2, 1 6 9 , 6 9 8 44 , 6 8 3 3, 5 0 2 5, 0 2 1 53 8 , 3 9 3 88,489 12,413 4O p e r a t i o n an d Ma i n t e n a n c e Ex p e n s e 4 , 8 7 3 , 7 0 0 3, 6 9 4 , 5 2 0 76 , 0 8 6 5, 9 6 4 8, 5 5 0 91 6 , 7 6 6 150,678 21,136 5 E C A / R I A 2 , 9 9 7 , 1 0 0 64 4 , 6 4 8 14 , 1 0 9 16 , 1 1 4 20 , 0 4 8 1, 5 3 8 , 5 1 4 640,424 123,242 6 T a x e s 1 , 9 6 3 , 0 0 0 42 2 , 2 2 3 9, 2 4 1 10 , 5 5 4 13 , 1 3 1 1, 0 0 7 , 6 7 5 419,457 80,720 7T o t a l Op e r a t i n g Ex p e n s e 2 2 , 5 2 7 , 1 0 0 9, 0 8 8 , 9 8 8 19 0 , 1 1 9 88 , 6 3 3 11 2 , 1 5 1 9, 0 1 9 , 7 4 9 3,388,048 639,411 8D e p r e c i a t i o n Ex p e n s e 1 , 6 3 4 , 7 0 0 1, 0 6 7 , 5 5 8 22 , 5 7 4 3, 8 8 6 6, 1 4 8 42 8 , 3 0 3 91,023 15,208 9N o n ‐Op e r a t i n g Ex p e n s e ( 1 5 3 , 6 0 0 ) (1 0 0 , 3 1 0 ) (2 , 1 2 1 ) (3 6 5 ) (5 7 8 ) (4 0 , 2 4 4 ) (8,553) (1,429) 10 T r a n s f e r s 11 P o r t i o n Al l o c a t e d on Pl a n t 1 , 7 4 3 , 2 5 0 1, 1 3 8 , 4 4 8 24 , 0 7 3 4, 1 4 4 6, 5 5 6 45 6 , 7 4 3 97,068 16,218 12 P o r t i o n Al l o c a t e d on Re v e n u e 1 , 7 4 3 , 2 5 0 54 1 , 8 9 5 14 , 6 2 4 8, 1 6 6 10 , 2 1 2 80 4 , 7 3 6 307,351 56,266 13 T o t a l Tr a n s f e r s 3 , 4 8 6 , 5 0 0 1, 6 8 0 , 3 4 3 38 , 6 9 6 12 , 3 1 0 16 , 7 6 8 1, 2 6 1 , 4 8 0 404,419 72,483 14 T o t a l Co s t of Se r v i c e be f o r e Re t u r n 2 7 , 4 9 4 , 7 0 0 11 , 7 3 6 , 5 8 0 24 9 , 2 6 8 10 4 , 4 6 5 13 4 , 4 8 9 10 , 6 6 9 , 2 8 7 3,874,938 725,673 15 R e v e n u e Cr e d i t 16 S e r v i c e Ch a r g e s to Cu s t o m e r s ( 4 , 1 3 5 , 2 0 0 ) (2 , 1 3 2 , 8 8 7 ) (4 0 , 5 5 0 ) (1 3 , 0 0 6 ) (1 6 , 6 2 3 ) (1 , 3 6 3 , 0 5 6 ) (479,994) (89,085) 17 F u e l an d EC A Di v i d e n d Co l l e c t i o n ( 2 , 8 2 4 , 1 0 0 ) (1 , 3 6 1 , 0 9 5 ) (3 1 , 3 4 4 ) (9 , 9 7 1 ) (1 3 , 5 8 2 ) (1 , 0 2 1 , 8 1 1 ) (327,584) (58,712) 18 E C A / R I A Re v e n u e s ( 2 , 9 9 7 , 1 0 0 ) (6 4 4 , 6 4 8 ) (1 4 , 1 0 9 ) (1 6 , 1 1 4 ) (2 0 , 0 4 8 ) (1 , 5 3 8 , 5 1 4 ) (640,424) (123,242) 19 M a r g i n on sa l e s fr o m ma r k e t dr i v e n ra t e s ( 2 , 3 5 4 , 0 0 0 ) (1 , 5 3 7 , 3 0 5 ) (3 2 , 5 0 7 ) (5 , 5 9 6 ) (8 , 8 5 3 ) (6 1 6 , 7 6 4 ) (131,076) (21,900) 20 T o t a l Re v e n u e Cr e d i t ( 1 2 , 3 1 0 , 4 0 0 ) (5 , 6 7 5 , 9 3 5 ) (1 1 8 , 5 1 0 ) (4 4 , 6 8 7 ) (5 9 , 1 0 6 ) (4 , 5 4 0 , 1 4 6 ) (1,579,077) (292,939) 21 N e t Co s t of Se r v i c e be f o r e Re t u r n 1 5 , 1 8 4 , 3 0 0 6, 0 6 0 , 6 4 5 13 0 , 7 5 8 59 , 7 7 7 75 , 3 8 2 6, 1 2 9 , 1 4 2 2,295,861 432,734 22 N e t Pl a n t 4 8 , 0 0 7 , 0 0 0 31 , 3 5 1 , 4 8 6 66 2 , 9 3 5 11 4 , 1 3 1 18 0 , 5 4 2 12 , 5 7 8 , 1 6 0 2,673,128 446,617 23 R e v e n u e s Un d e r Re c o m m e n d e d Ra t e s 1 9 , 0 8 5 , 2 0 0 5, 9 3 2 , 7 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 8, 8 1 0 , 3 0 0 3,364,900 616,000 24 Re t u r n Un d e r Re c o m m e n d e d Ra t e s (1 ) 3, 9 0 0 , 9 0 0 (1 2 7 , 9 4 5 ) 29 , 3 4 2 29 , 6 2 3 36 , 4 1 8 2, 6 8 1 , 1 5 8 1,069,039 183,266 25 R a t e of Re t u r n 8 . 1 3 % ‐0. 4 1 % 4 . 4 3 % 2 5 . 9 6 % 2 0 . 1 7 % 2 1 . 3 2 % 3 9 . 9 9 % 4 1 . 0 3 % (1 ) Th e di f f e r e n c e be t w e e n Re t u r n an d Ne t In c o m e is th e ca p i t a l po r t i o n of th e EC A / R I A of $1 , 9 0 0 , 0 0 0 . Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 28 4 Recommended Rate Adjustments 4.1 RECOMMENDED RATE ADJUSTMENTS Based on the results shown in Table 2‐1, CGS’ existing rates are more than adequate to meet its operating needs over the forecast period as during that time cumulative cash flow remains positive. Therefore, we recommend that CGS reduce the rate for its commercial classes of customers by approximately $1.2 million, based on the results of our cost of service study and competitive considerations. In addition to the rate reduction to the commercial customers, we recommend a revenue neutral rate change to the residential classes with an increase to the Residential Single Family customer charge and an offsetting decrease to the distribution charge for the residential class. We also recommend resetting the UIA by including the current (FY 2014) non‐weather portion of the UIA in base rates and updating the usage and inflation bases to current levels. A summary of our recommendations follows: 1. Roll the non‐weather portion of the UIA rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index to current levels. For the residential classes, the non‐weather portion of the UIA rate is $0.07 per therm. Therefore the distribution charges should be increased for Residential customers (RS, SFD, MFD, and LFD) from $0.48 to $0.55 per therm, for Small Commercial customers (SFC and SGS) from $0.46 to $0.52 per therm, for Medium Commercial customers (MCF and MGS) from $0.40 to $0.46 per therm, for Large Commercial customers (LFC and LGS) from $0.34 to $0.40 per therm, and the UIA should be reset to $0.00 per therm. The normal use per customer bases should be changed to 197 therms for the residential class and 6,203 therms for the commercial classes (includes contract customers). The CPI‐U is estimated to be 239.702 for September 2014 and this level of CPI‐U should be used as the basis for future UIA calculations. 2. Decrease the commercial class revenues by approximately $1.2 million by reducing distribution rates (after application of the UIA increase) for Small Commercial customers (SFC and SGS) from $0.52 to $0.42 per therm, for Medium Commercial customers (MCF and MGS) from $0.46 to $0.38 per therm, for Large Commercial customers (LFC and LGS) from $0.40 to $0.34 per therm, and for Standard Interruptible customers (IS) from $0.28 to $0.24 per therm. 3. Increase the Residential Single‐Family customer charge from $10.00 to $12.00 per month (excluding the Pasco County fuel surcharge). This is in line with the residential customer charges in effect at other natural gas utilities in CGS’s geographic area (as summarized in Table 4‐1). At the same time, the residential class distribution charge (after application of the UIA increase) should be reduced from $0.55 to$0.44 per therm. The net effect of these changes to residential rate revenue is negligible as the increase in customer charge revenues is offset by the decrease in distribution charge revenues. 4. Regularly monitor the rates charged by competitors for propane. Our projections are based on service to propane customers essentially breaking even. Charges for propane service should be increased to the extent possible when competitive factors are considered and to encourage the load levels that CGS desires. 5. Regularly monitor service charge rates and consider adopting a new pricing structure that establishes a per trip charge, which includes the first hour of labor, plus quarter hourly rates for additional time on‐site beyond one hour. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 29 Table 4‐1 presents a comparison of our recommended rates for CGS to a group of regional benchmark utilities. Table 4‐2 presents existing and recommended rates schedules including the non‐weather component of the UIA. Table 4‐3 shows the impact of the proposed rate changes that result in a $1.2 million reduction in net income in FY 2015. For FY 2016 through FY 2019 we show the impact of a forecasted 3 percent inflation of the CPI used to forecast the UIA (the same underlying inflation assumption used to project O&M and A&G expenses). Beyond the timeline captured in our study, it is suggested that CGS review anticipated cash flow and rates levels to confirm that adequate funding is maintained for its ongoing operating and capital investment needs. Table 4‐4 shows the revenues under proposed rates discussed above. The volumes used for Table 4‐4 already reflect normal weather and no additional decline in use per customer. To the extent that weather is abnormal and usage per customer actually declines in the projected period, the proposed UIA should adjust rates to collect any shortfall. Table 4‐5 compares typical bills under CGS’ recommended rates with Duke Energy for a residential customer. As shown in Table 4‐5, CGS holds a competitive advantage to Duke Energy for standalone applications for space heating, hot water, and cooking. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 30 Ta b l e 4‐1 Co m p a r i s o n of CG S Ra t e s to Re g i o n a l Ga s Ut i l i t i e s Li n e Cu s t o m e r Cl a s s Cl e a r w a t e r Ga s Sy s t e m Ce n t r a l Fl o r i d a Ga s Fl o r i d a Ci t y Ga s Fl o r i d a Pu b l i c Ut i l i t i e s TE C O / P e o p l e s Ga s Pi n e l l a s Ce n t r a l Pa s c o (2 ) 1 R e s i d e n t i a l Se r v i c e 2C u s t o m e r Ch a r g e $ 1 2 . 0 0 $ 2 0 . 0 0 $ 1 9 . 0 0 $ 8 . 0 0 to $1 1 . 0 0 $ 1 1 . 0 0 $ 1 2 . 0 0 to $2 0 . 0 0 3 Co m m o d i t y Ch a r g e (1 ) $0 . 4 4 0 $ 0 . 4 4 0 $ 0 . 4 6 3 $ 0 . 5 6 2 to $0 . 4 9 5 $ 0 . 4 9 8 $ 0 . 2 6 8 4S m a l l Ge n e r a l Se r v i c e 5L e s s th a n 18 , 0 0 0 Th e r m s 6C u s t o m e r Ch a r g e $ 2 5 . 0 0 $ 4 0 . 0 0 $ 3 4 . 0 0 to $1 3 4 . 0 0 $ 1 1 . 0 0 to $3 0 . 0 0 $ 2 0 . 0 0 to $9 0 . 0 0 $ 2 5 . 0 0 to $3 5 . 0 0 7 Co m m o d i t y Ch a r g e (1 ) $0 . 4 2 0 $ 0 . 4 2 0 $ 0 . 3 2 to $0 . 2 0 4 $ 0 . 4 9 5 to $0 . 2 7 5 $ 0 . 3 9 1 to $0 . 3 5 4 $ 0 . 3 3 9 to $0 . 2 6 8 8M e d i u m Ge n e r a l Se r v i c e 9 1 8 , 0 0 0 ‐ 99 , 9 9 9 Th e r m s 10 C u s t o m e r Ch a r g e $ 4 0 . 0 0 $ 7 0 . 0 0 $ 2 1 0 . 0 0 to $6 0 0 . 0 0 $ 3 0 . 0 0 to $1 5 0 . 0 0 $ 9 0 . 0 0 $ 5 0 . 0 0 to $1 5 0 . 0 0 11 Co m m o d i t y Ch a r g e (1 ) $0 . 3 8 0 $ 0 . 3 8 0 $ 0 . 2 3 9 to $0 . 1 8 0 $ 0 . 2 7 5 to $0 . 2 7 5 $ 0 . 3 5 4 $ 0 . 2 2 7 to $0 . 1 9 7 12 L a r g e Ge n e r a l Se r v i c e 13 O v e r 10 0 , 0 0 0 Th e r m s 14 C u s t o m e r Ch a r g e $ 9 5 . 0 0 $ 1 6 0 . 0 0 $ 7 0 0 . 0 0 to $3 , 0 0 0 . 0 0 $ 1 5 0 . 0 0 to $5 0 0 . 0 0 $ 9 0 . 0 0 $ 1 5 0 . 0 0 to $3 0 0 . 0 0 15 Co m m o d i t y Ch a r g e (1 ) $0 . 3 4 0 $ 0 . 3 4 0 $ 0 . 1 2 3 to $0 . 0 8 3 $ 0 . 2 7 5 to $0 . 1 2 2 $ 0 . 3 5 4 $ 0 . 1 9 7 to $0 . 1 1 3 16 I n t e r r u p t i b l e Se r v i c e 17 O v e r 10 0 , 0 0 0 Th e r m s 18 C u s t o m e r Ch a r g e $ 2 5 0 . 0 0 $ 4 0 0 . 0 0 $ 7 0 0 . 0 0 to $3 , 0 0 0 . 0 0 $ 1 5 0 . 0 0 to $5 0 0 . 0 0 $ 3 1 0 . 0 0 $ 3 0 0 . 0 0 to $4 7 5 . 0 0 19 Co m m o d i t y Ch a r g e (1 ) $0 . 2 4 0 $ 0 . 2 4 0 $ 0 . 1 2 3 to $0 . 0 8 3 $ 0 . 2 7 5 to $0 . 1 2 2 $ 0 . 2 3 1 $ 0 . 0 7 1 to $0 . 0 3 5 (1 ) Co m m o d i t y Ch a r g e (p e r Th e r m ) is st r i c t l y di s t r i b u t i o n ch a r g e s . Ex c l u d e s PG A an d an y ri d e r s . (2 ) Ce n t r a l Pa s c o in c l u d e s fu e l re l a t e d su r c h a r g e in th e cu s t o m e r ch a r g e . Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 31 Ta b l e 4‐2 Ex i s t i n g an d Re c o m m e n d e d Na t u r a l Ga s Ra t e s Ex i s t i n g Re c o m m e n d e d Di s t r i b u t i o n U I A T o t a l Ch a r g e C u s t o m e r P a s c o D i s t r i b u t i o n U I A T o t a l Ch a r g e C u s t o m e r P a s c o Li n e Na t u r a l Ga s Ra t e s Ch a r g e Ch a r g e (1 ) Vo l u m e t r i c Ch a r g e Su r c h a r g e Ch a r g e Ch a r g e (2 ) Vo l u m e t r i c ChargeSurcharge $/ T h e r m $ / T h e r m $ / T h e r m $ / b i l l / m o n t h $ / b i l l / m o n t h $ / T h e r m $ / T h e r m $ / T h e r m $ / b i l l / m o n t h $ / b i l l / m o n t h 1 RE S I D E N T I A L SE R V I C E 2S I N G L E ‐FA M I L Y 1‐3 U ( RS ) 0 . 4 8 0. 0 7 0. 5 5 10 . 0 0 8. 0 0 0. 4 4 ‐ 0. 4 4 12.00 8.00 3S M A L L RE S M‐FA M (S F D ) 0 . 4 8 0. 0 7 0. 5 5 25 . 0 0 15 . 0 0 0. 4 4 ‐ 0. 4 4 25.00 15.00 4M E D I U M RE S M‐FA M (M F D ) 0 . 4 8 0. 0 7 0. 5 5 40 . 0 0 30 . 0 0 0. 4 4 ‐ 0. 4 4 40.00 30.00 5L A R G E RE S . M ‐FA M (L F D ) 0 . 4 8 0. 0 7 0. 5 5 95 . 0 0 65 . 0 0 0. 4 4 ‐ 0. 4 4 95.00 65.00 6 CO M M E R C I A L & IN D U S T R I A L SE R V I C E ‐ MU L T I ‐FA M I L Y 7S M A L L CO M . M‐FA M (S F C ) 0 . 4 6 0. 0 6 0. 5 2 25 . 0 0 15 . 0 0 0. 4 2 ‐ 0. 4 2 25.00 15.00 8M E D I U M CO M . M ‐FA M (M F C ) 0 . 4 0 0. 0 6 0. 4 6 40 . 0 0 30 . 0 0 0. 3 8 ‐ 0. 3 8 40.00 30.00 9L A R G E CO M . M ‐FA M (L F C ) 0 . 3 4 0. 0 6 0. 4 0 95 . 0 0 65 . 0 0 0. 3 4 ‐ 0. 3 4 95.00 65.00 10 GE N E R A L CO M M E R C I A L & IN D U S T R I A L SE R V I C E 11 S M A L L CO M M E R C I A L (S G S ) 0 . 4 6 0. 0 6 0. 5 2 25 . 0 0 15 . 0 0 0. 4 2 ‐ 0. 4 2 25.00 15.00 12 M E D I U M CO M M E R C I A L (M G S ) 0 . 4 0 0. 0 6 0. 4 6 40 . 0 0 30 . 0 0 0. 3 8 ‐ 0. 3 8 40.00 30.00 13 L A R G E CO M M E R C I A L (L G S ) 0 . 3 4 0. 0 6 0. 4 0 95 . 0 0 65 . 0 0 0. 3 4 ‐ 0. 3 4 95.00 65.00 14 OT H E R CO M M E R C I A L & IN D U S T R I A L SE R V I C E S 15 V E H I C L E (N G V ) C o n t r a c t Ra t e (G S on l y ) C o n t r a c t Ra t e (GS only) 16 S T A N D B Y (N S S ) 0 . 4 6 0. 0 6 0. 5 2 50 . 0 0 25 . 0 0 0. 4 2 ‐ 0. 4 2 50.00 25.00 17 L I G H T S (S L . no ma i n t ) 0 . 2 0 ‐ 0. 2 0 20 . 0 0 10 . 0 0 0. 2 0 ‐ 0. 2 0 20.00 10.00 18 L I G H T S (S L . WI T H ma i n t ) 0 . 3 5 ‐ 0. 3 5 20 . 0 0 10 . 0 0 0. 3 5 ‐ 0. 3 5 20.00 10.00 19 AI R ‐CO N D I T I O N I N G SE R V I C E 20 R E S I D E N T I A L (R A C ) 0 . 2 0 ‐ 0. 2 0 10 . 0 0 8. 0 0 0. 2 0 ‐ 0. 2 0 12.00 8.00 21 S M A L L (G A C ) 0 . 1 5 ‐ 0. 1 5 25 . 0 0 15 . 0 0 0. 1 5 ‐ 0. 1 5 25.00 15.00 22 L A R G E (L A C ) 0 . 1 0 ‐ 0. 1 0 40 . 0 0 30 . 0 0 0. 1 0 ‐ 0. 1 0 40.00 30.00 23 IN T E R R U P T I B L E SE R V I C E (T y p i c a l Ba s i s ) 24 S T A N D A R D (I S ) 0. 2 8 ‐ 0. 2 8 25 0 . 0 0 15 0 . 0 0 0. 2 4 ‐ 0. 2 4 250.00 150.00 (1 ) UI A ch a r g e ex c l u d e s th e we a t h e r no r m a l i z a t i o n ad j u s t m e n t po r t i o n (2 ) UI A ch a r g e wi l l be re s e t to FY 20 1 5 ba s e l i n e an d on l y we a t h e r no r m a l i z a t i o n ad j u s t m e n t po r t i o n wi l l be ap p l i e d in FY 20 1 5 . Fu l l UI A ad j u s t m e n t wi l l be in ef f e c t be g i n n i n g FY 2016. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 32 Table 4‐3 Historical and Projected Revenues & Revenue Requirements under Proposed Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco ‐ ‐ ‐ ‐ 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,129,400 2,684,600 2,233,400 2,279,300 2,288,400 1,918,800 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,784,000 18,066,900 17,672,900 17,780,400 17,855,700 17,558,100 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 1,968,000 2,008,700 2,053,400 2,102,500 2,156,700 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 9,395,500 9,424,800 9,454,300 9,484,100 9,514,300 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 212,300 432,900 662,300 901,600 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection ‐ ‐ ‐ ‐ 110,600 139,500 116,000 118,400 118,900 99,700 13Regulatory Imposition Adjustment Revenue223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,417,400 14,500,100 14,773,900 15,087,000 15,412,600 15,735,200 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,201,400 32,567,000 32,446,800 32,867,400 33,268,300 33,293,300 16Other Revenue 17LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 182,200 244,600 227,000 228,800 229,200 214,800 18Service Charges and Fees1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax2,009,096 1,936,983 1,836,555 1,907,026 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,267,100 4,379,800 4,424,400 4,511,200 4,597,700 4,657,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,468,500 36,946,800 36,871,200 37,378,600 37,866,000 37,950,900 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related ‐ ‐ ‐ ‐ 1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26ECA/RIA Recovery1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes2,075,417 1,999,438 1,894,789 1,968,107 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,183,100 26,178,300 26,479,600 26,814,100 28,160,300 28,507,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,285,400 10,768,500 10,391,600 10,564,500 9,705,700 9,443,900 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,770,700 9,133,800 8,636,900 8,689,800 7,711,000 7,329,200 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges(815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs(27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer6,282,474 8,778,393 9,543,372 8,282,209 9,738,300 9,287,400 8,820,700 8,904,100 7,955,900 7,590,500 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,765,400) (3,486,500) (2,900,500) (2,960,100) (2,972,000) (2,492,000) 42Net Income2,068,602 6,988,184 6,443,295 5,530,791 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,625,800 2,484,600 2,708,900 2,847,700 2,357,600 2,582,200 60Cumulative Cash Flow 30,993,800 34,619,600 37,104,200 39,813,100 42,660,800 45,018,400 47,600,600 61 Margin on Sales 17,546,800 17,184,700 17,007,300 17,366,300 17,701,000 17,654,000 62 Net Cash Flow as % of Margin 20.7%14.5%15.9%16.4%13.3%14.6% (1) LP revenue less cost of propane less propane O&M Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 33 Ta b l e 4‐4 Re v e n u e s Un d e r Ex i s t i n g an d Pr o p o s e d Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Hi s t o r i c a l 20 0 9 6 , 8 7 6 , 4 8 7 15 0 , 1 0 1 24 8 , 1 8 8 19 3 , 0 7 2 50 6 , 4 3 0 12 9 , 3 4 9 ‐ 8, 9 8 3 , 0 6 4 3, 2 0 3 , 1 7 0 56 2 , 8 6 8 ‐ 15 , 6 1 9 6, 9 7 9 1,592 1,084 2,351 ‐ 20 1 0 6 , 8 3 9 , 6 9 6 12 9 , 6 4 1 22 9 , 6 3 0 19 1 , 9 7 4 45 9 , 4 8 6 13 8 , 6 3 9 ‐ 9, 4 7 6 , 3 4 7 3, 5 3 0 , 2 7 9 62 6 , 0 8 8 ‐ 21 , 5 3 2 ‐ 553 1,201 448 ‐ 20 1 1 6 , 6 7 0 , 6 7 7 12 7 , 4 8 9 22 2 , 7 9 7 17 8 , 7 3 0 39 0 , 1 1 0 13 4 , 5 0 6 ‐ 9, 9 8 8 , 3 3 7 3, 7 7 1 , 0 6 2 49 3 , 7 8 8 ‐ 21 , 4 6 2 ‐ ‐ 975 300 ‐ 20 1 2 6 , 0 3 8 , 3 3 6 11 5 , 7 0 2 17 6 , 2 0 0 15 0 , 7 8 0 39 3 , 3 9 2 11 8 , 0 4 5 ‐ 10 , 9 8 7 , 2 9 7 4, 0 0 9 , 1 3 0 79 0 , 6 8 3 45 , 9 2 3 23 , 1 7 2 ‐ ‐ ‐ 300 ‐ 20 1 3 6 , 5 9 9 , 3 7 6 12 1 , 8 0 9 16 4 , 4 0 8 15 0 , 8 3 0 36 4 , 9 2 6 11 4 , 3 7 2 ‐ 11 , 3 2 9 , 6 3 9 4, 3 2 1 , 5 8 4 76 7 , 4 0 3 16 1 , 6 3 2 24 , 8 0 3 ‐ ‐ ‐ 300 ‐ Pr o j e c t e d 20 1 4 5 , 8 3 5 , 9 0 0 17 8 , 8 0 0 11 1 , 8 0 0 11 7 , 0 0 0 31 9 , 0 0 0 89 , 4 0 0 ‐ 8, 7 6 4 , 4 0 0 3, 2 7 1 , 6 0 0 59 3 , 3 0 0 21 8 , 5 0 0 26 , 5 0 0 ‐ ‐ ‐ 300 ‐ 20 1 5 (1 ) 5, 8 9 8 , 7 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 4 9 , 3 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 6 6 , 0 0 9 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 6 8 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 7 6 , 1 2 8 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 8 7 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 8 6 , 2 5 6 , 6 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 0 6 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 9 6 , 3 9 6 , 5 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 2 5 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ Un d e r Pr o p o s e d Ra t e s Pr o j e c t e d 20 1 4 5 , 8 3 5 , 9 0 0 17 8 , 8 0 0 11 1 , 8 0 0 11 7 , 0 0 0 31 9 , 0 0 0 89 , 4 0 0 ‐ 8, 7 6 4 , 4 0 0 3, 2 7 1 , 6 0 0 59 3 , 3 0 0 21 8 , 5 0 0 26 , 5 0 0 ‐ ‐ ‐ 300 ‐ 20 1 5 5 , 9 3 2 , 7 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 1 8 , 0 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 6 6 , 0 4 2 , 6 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 3 5 , 3 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 7 6 , 1 6 0 , 9 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 5 2 , 8 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 8 6 , 2 8 8 , 6 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 7 0 , 2 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 9 6 , 4 2 7 , 5 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 8 7 , 7 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s ($ ) Pr o j e c t e d 20 1 4 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 20 1 5 3 4 , 0 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 1 , 3 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 6 3 3 , 5 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 2 , 9 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 7 3 2 , 8 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 4 , 4 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 8 3 2 , 0 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 5 , 9 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 9 3 1 , 0 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 7 , 4 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ Pe r c e n t Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s Pr o j e c t e d 20 1 4 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 5 0 . 5 8 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0 . 0 0 % 20 1 6 0 . 5 6 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0 . 0 0 % 20 1 7 0 . 5 4 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0 . 0 0 % 20 1 8 0 . 5 1 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0 . 0 0 % 20 1 9 0 . 4 8 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0 . 0 0 % (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 1 5 ba s e l i n e us a g e an d CP I ‐U Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 34 Ta b l e 4‐4 (C o n t i n u e d ) Re v e n u e s un d e r Ex i s t i n g an d Pr o p o s e d Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Hi s t o r i c a l 20 0 9 3 , 7 7 9 , 6 1 2 1, 4 6 3 , 5 5 3 71 8 , 4 6 9 60 1 , 6 9 6 14 7 , 5 9 5 22 3 , 7 1 8 72 5 , 6 1 7 13 3 , 4 2 6 43 7 , 5 0 0 21 0 , 4 5 1 21 7 , 2 6 0 1, 8 0 1 , 0 2 5 566,896 31,907,175 20 1 0 2 , 2 7 1 , 9 4 8 87 6 , 7 2 1 65 1 , 9 8 7 ‐ 48 2 , 9 0 4 27 3 , 2 5 0 26 3 , 9 2 1 53 6 , 8 8 7 12 9 , 1 0 9 42 7 , 3 2 7 17 9 , 2 4 9 21 2 , 1 5 1 1, 8 1 2 , 5 0 8 385,492 ‐ ‐ 30,148,969 20 1 1 1 , 8 9 6 , 0 2 7 97 4 , 7 9 9 57 4 , 6 4 0 65 , 1 2 7 41 2 , 0 0 2 31 1 , 6 9 8 27 9 , 3 3 9 54 0 , 3 0 7 12 3 , 1 2 4 44 9 , 4 7 7 18 9 , 8 8 8 22 0 , 3 8 5 1, 6 8 4 , 8 4 6 561,571 ‐ ‐ 30,283,467 20 1 2 1 , 0 9 3 , 2 9 9 90 9 , 7 3 7 70 2 , 9 2 7 23 , 8 9 3 33 3 , 2 9 0 29 0 , 5 3 3 28 2 , 8 0 5 59 0 , 1 4 1 10 9 , 8 0 1 38 7 , 0 0 6 19 6 , 8 0 5 25 1 , 8 5 2 1, 6 5 4 , 6 9 6 567,035 ‐ ‐ 30,242,782 20 1 3 1 , 0 1 3 , 5 0 7 91 1 , 4 3 1 36 7 , 7 7 4 10 0 , 8 2 0 81 , 5 8 0 29 0 , 5 5 5 27 8 , 0 2 5 55 8 , 7 3 6 10 8 , 5 6 8 46 0 , 1 8 4 20 1 , 5 4 2 28 3 , 8 5 7 1, 8 2 0 , 1 8 2 342,235 324,869 739,442 32,004,391 Pr o j e c t e d 20 1 4 1 , 0 3 3 , 7 0 0 77 9 , 6 0 0 37 1 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,987,600 20 1 5 (1 ) 1, 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,956,200 20 1 6 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,085,500 20 1 7 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,223,500 20 1 8 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,370,900 20 1 9 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,529,800 Un d e r Pr o p o s e d Ra t e s Pr o j e c t e d 20 1 4 1 , 0 3 3 , 7 0 0 77 9 , 6 0 0 37 1 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,987,600 20 1 5 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,745,800 20 1 6 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,873,000 20 1 7 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,008,800 20 1 8 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,153,900 20 1 9 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,310,300 Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s ($ ) Pr o j e c t e d 20 1 4 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 20 1 5 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,210,400) 20 1 6 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,212,500) 20 1 7 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,214,700) 20 1 8 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,217,000) 20 1 9 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,219,500) Pe r c e n t Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s Pr o j e c t e d 20 1 4 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 5 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 6 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 7 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 8 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 9 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 1 5 ba s e l i n e us a g e an d CP I ‐U Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 35 Table 4‐5 Comparison of Residential Bills with Recommended Rates to Progress Energy Line Description CGS(1)Duke Energy Difference $Percent $/Therm$/kWh 1Total Rate1.700.13702 2Estimated Energy ConsumptionThermskWh 3 Heating(2)150 2,250 4Hot Water170 5,000 5Cooking45 2,000 6Annual Cost 7Heating255.00$ 308.30$ (53.30)$ ‐17.3% 8Hot Water289.00 685.10 (396.10) ‐57.8% 9Cooking76.50 274.04 (197.54) ‐72.08% 10Total620.50$ 1,267.44$ (646.94)$ ‐51.0% (1) Total volumetric rate as of 2nd Quarter 2014 (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace Note: 1 MMBtu equals 293 kWh at 100 percent efficiency. Duke Energy rates are for 1,000 kWh and above. Duke Energy rates source: https://www.duke‐energy.com/rates/progress‐energy‐florida.asp Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Disclaimer 36 5 Disclaimer This report is intended solely for review by City of Clearwater/Clearwater Gas System (hereinafter “Client”). Black & Veatch Corporation (“Black & Veatch”) does not intend that any third party have access to, rely on, or utilize, any of the information enclosed herein. Reliance on the information herein by any such third party would be unreasonable and is strictly prohibited. Black & Veatch owes no duty of care to any third party and none is created by this report. This report was prepared for Client by Black & Veatch and is based on information not within the control of Black & Veatch. Black & Veatch has assumed that the information both verbal and written, provided by others is complete and correct; however, Black & Veatch does not guarantee the accuracy of the information, data, or opinions contained herein. Use of this report, or any information contained therein, by a third party shall constitute a waiver and release of Black & Veatch from and against all claims and liability, including, but not limited to, liability for special, incidental, indirect, or consequential damages, in connection with such use. In addition, use of this report, or any information contained therein by a third party, shall constitute agreement to defend and indemnify Black & Veatch from and against any claims and liability, including, but not limited to, liability for special, incidental, indirect, or consequential damages in connection with such use. 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Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Appendix A—Recommended Ordinance 37 Appendix A—Recommended Ordinance Ordinance No. 8591‐14 Page 1 ORDINANCE NO. 8591-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHEN SUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 2014 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since January 1, 2011; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, Ordinance No. 8591‐14 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required. If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas division. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. Tapping of all gas mains and service connections shall be done by the gas division or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city Ordinance No. 8591‐14 Page 3 property shall be maintained by the gas division and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. The gas division shall have the right to meter any and all gas service lines. The gas division alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e. not expected to be enclosed by fencing or hedges. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS Ordinance No. 8591‐14 Page 4 at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. The gas division reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas system located on the premises. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. Ordinance No. 8591‐14 Page 5 (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas System retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Managing Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): Ordinance No. 8591‐14 Page 6 (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $95.00 Ordinance No. 8591‐14 Page 7 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.38 Minimum monthly bill . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.34 Minimum monthly bill . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Ordinance No. 8591‐14 Page 8 Minimum monthly bill . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): Firm natural gas service for domestic gas air conditioning, combined heat & power (CHP) systems, and/or other emerging technology systems in all residences of three (3) units or fewer where the applicable load is separately metered. Ordinance No. 8591‐14 Page 9 Monthly customer charge.... $ 12.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $0.20 Minimum monthly bill.... $ 12.00 at the premise on a firm rate schedule (k) General natural gas air conditioning/emerging technology service (rate GAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0--149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per year and the applicable load is separately metered. Monthly customer charge.... $ 25.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.15 Minimum monthly bill.... $ 25.00 at the premise on a firm rate schedule (l) Large natural gas air conditioning/emerging technology service (rate LAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicable load is separately metered. Ordinance No. 8591‐14 Page 10 Monthly customer charge.... $ 40.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.10 Minimum monthly bill.... $ 40.00 at the premise on a firm rate schedule (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways. Service may be either metered or estimated at the sole discretion of the gas system. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. Monthly customer charge . . . . $20.00 Non-fuel energy charge, per therm . . . . $0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . $20.00 Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual Ordinance No. 8591‐14 Page 11 customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow Ordinance No. 8591‐14 Page 12 measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . $50.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Ordinance No. 8591‐14 Page 13 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1—60 $1.80 $225.00 2 60.1--120 $1.60 $180.00 3 120.1--300 $1.00 $90.00 4 >300 $0.90 $75.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1 – 60.0 $1.80 $210.00 Ordinance No. 8591‐14 Page 14 2 60.1—120 $1.60 $150.00 3 120.1 - 300 $0.90 $75.00 4 >300 $0.80 $60.00 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0--2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge: Ordinance No. 8591‐14 Page 15 Per gallon . . . . $1.90 Minimum monthly bill . . . . $12.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $0.30 Minimum monthly bill . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . $40.00 Non-fuel energy charge: Per gallon . . . . $0.25 Minimum monthly bill . . . . $40.00 Ordinance No. 8591‐14 Page 16 (i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Ordinance No. 8591‐14 Page 17 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008. Monthly customer charge . . . . $50.00 Non-fuel energy charge: Per gallon . . . . $1.00 Minimum monthly bill . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. Annual customer charge . . . . $420.00 Non-fuel energy charge: Per gallon . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient Ordinance No. 8591‐14 Page 18 appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Ordinance No. 8591‐14 Page 19 Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . . $0.85 Propane (LP) gas rate schedule PGA: Per gallon . . . . $2.12 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate Ordinance No. 8591‐14 Page 20 schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System Managing Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the Gas System Managing Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $0.14 Propane (LP) Gas Rate Schedule ECA: Per gallon . . . . $0.14 Ordinance No. 8591‐14 Page 21 The above ECA rates are as currently approved for October 2014. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non-contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas System by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 Propane (LP) gas rate schedule RIA: Per gallon . . . . $0.12 The above RIA rates are as currently approved for October 2014. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas System by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- Ordinance No. 8591‐14 Page 22 contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to changes in use per customer from the test year values as set in the 2014 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . . $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00 for Residential and . . . . . . . . . . . . . . . . . . . . . . . $0.00 for Commercial The above UIA rates are as currently approved for October 2014. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is September 2014 Gas Rate Study projected index of 239.702) Residential Use per customer based on annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and Ordinance No. 8591‐14 Page 23 other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00 Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95.00 for up to 4 appliances. Added appliances, per each, add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 Ordinance No. 8591‐14 Page 24 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights) . . . $80.00 Replace broken stop or locks on meters . . . . Time and materials Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials Relocate gas meter . . . . Time and materials Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-off Residential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 Standard “Time and Materials” for Service and Repair, Installation, or other work performed by CGS personnel plus materials: 1 person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2 person crew . . . $195 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $75.00 for the trip if no labor is performed or if the customer does not show for an appointment. Ordinance No. 8591‐14 Page 25 The above Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and time charges Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $45.00 Gas meter test at customer request- if results are within limits (per meter) . . . . $150.00 Reset residential gas meter after same customer requests removal (per meter) . . . $150.00 Unauthorized meter bypass or hookup . . . . Time and materials plus ten percent of the average monthly bill for each day since last reading deemed to be accurate Emergency response for non-Clearwater Gas System consumers or other utilities . . . . Time and materials Ordinance No. 8591‐14 Page 26 Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master-metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials Collector fee, See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $50.00 trip charge if the customer requests delivery for the next business day or requests a scheduled delivery for fewer than 4 business days, $75.00 trip charge for same business day delivery for requests received by 12:00 Noon, or Ordinance No. 8591‐14 Page 27 $150.00 trip charge for same day delivery service requests after 12:00 Noon and before operational hours end at 3:30 pm, or $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required, (CGI). A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs……………………….Time & Materials Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas System service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas System and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to Ordinance No. 8591‐14 Page 28 repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: Ordinance No. 8591‐14 Page 29 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main line extension construction feasibility. The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installed for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility Ordinance No. 8591‐14 Page 30 formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of equipment to natural gas. The Clearwater Gas System will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make- up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas System for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas System to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish Ordinance No. 8591‐14 Page 31 such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas System (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System Managing Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after November 1, 2014. Ordinance No. 8591‐14 Page 32 PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [MU14-2064-047/155612/1]1 Ordinance No. 8591-14 ORDINANCE NO. 8591-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHENSUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERSIN ACCORDANCE WITH THE 2014 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractorsin the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since January1, 2011; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, [MU14-2064-047/155612/1]2 Ordinance No. 8591-14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330.Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331.Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of thecustomer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC“Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332.Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required. If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas division. Sec. 32.333.Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334.Tapping and connection. Tapping of all gas mains and service connections shall be done by the gas division or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city [MU14-2064-047/155612/1]3 Ordinance No. 8591-14 property shall be maintained by the gas division and may be removed or changed by it at any time.Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGSare permitted to turn on gas and initiate service. Sec. 32.335.Maintenance of meters and service lines. The gas division shall have the right to meter any and all gas service lines. The gas division alone shall have the right to stipulate the size, type, make and location of meters,type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336.Metersand LP TankLocationsand delivery pressure. Gas service will be delivered to the customer for each premise at one(1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e. not expected to be enclosed by fencing or hedges. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tankand operation of the gas shutoff valve, and shall be protected from corrosion and other damage.The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be madeincluding potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS [MU14-2064-047/155612/1]4 Ordinance No. 8591-14 at either eleven (11) inches water column (approximately 3/8 PSI)or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337.Status of gas quantity recorded. The quantity of gas recorded by the meter shallbe conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338.Testing. The gas division reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339.Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas system located on the premises. The customer shall notify the city of any damage to or any failure of the meteror service line. Sec. 32.340.Authority to turn on gas. (1) Generally.It shall be unlawful for any person other than a CGS employee or a specifically designatedand approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections.A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. [MU14-2064-047/155612/1]5 Ordinance No. 8591-14 (3) Open meter bypass servicing.A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks.A replacement fee shall be charged for the replacement of meter stop locks whichhave been broken or removed. Sec. 32.341.Responsibilityfor gas in service lines. The Cityis responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier,to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment salesare all competitive services rendered in the market place by other providers. Clearwater Gas System retains the sole right to elect where and when to provide these optional services at the sole discretionof the CGS Managing Director. At any time, CGSmay elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A –Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): [MU14-2064-047/155612/1]6 Ordinance No. 8591-14 (1)Natural gas service rates.The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System(CGS), based on their applicable class of service: (a)Residential natural gas service (rate RS):Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12.00 (b)Small multi-family residential service (rate SMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $25.00 (c)Medium multi-family residential service (rate MMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $40.00 (d)Large multi-family residential service (rate LMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $95.00 [MU14-2064-047/155612/1]7 Ordinance No. 8591-14 (e)Small natural gas general service (rate SGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $25.00 (f)Medium natural gas general service (rate MGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.38 Minimum monthly bill . . . . $40.00 (g)Large natural gas general service (rate LGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.34 Minimum monthly bill . . . . $95.00 (h)Interruptible natural gas service (rate IS):Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 [MU14-2064-047/155612/1]8 Ordinance No. 8591-14 Minimum monthly bill . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (i)Contract natural gas service (rate CNS):Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rateswith special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....The same as the normally applicable service class Non-fuel energy charge....Per therm as established by contract Minimum monthly bill....Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Residential natural gas air conditioning/emerging technologyservice (rate RAC):Firm natural gas service for domestic gas air conditioning,combined heat & power (CHP) systems, and/or other emerging technology systemsin all residences of three (3) units or fewer where the applicableload is separately metered. [MU14-2064-047/155612/1]9 Ordinance No. 8591-14 Monthly customer charge....$ 12.00only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$0.20 Minimum monthly bill....$ 12.00at the premise on a firm rate schedule (k)General natural gas air conditioning/emerging technologyservice (rate GAC):Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systemsfor all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0--149 tons or the projected CHP/emerging technology load is 0 –17,999 therms per year and the applicableload is separately metered. Monthly customer charge....$ 25.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$ 0.15 Minimum monthly bill....$ 25.00 at the premise on a firm rate schedule (l)Large natural gas air conditioning/emerging technologyservice (rate LAC):Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systemsfor all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicableload is separately metered. [MU14-2064-047/155612/1]10 Ordinance No. 8591-14 Monthly customer charge....$ 40.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$0.10 Minimum monthly bill....$ 40.00 at the premise on a firm rate schedule (m)Natural gas street lighting service (rate SL):Natural gas service for lighting of public areas and ways. Service may be either metered or estimated at the sole discretion of the gas system. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. Monthly customer charge . . . . $20.00 Non-fuel energy charge, per therm . . . . $0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . $20.00 Plus any applicable facilitiescontract charges (n)Contract natural gas transportation service (rate CTS):Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual [MU14-2064-047/155612/1]11 Ordinance No. 8591-14 customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge....Per thermas established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill....Monthly customer charge plus the non- fuel therm ratefor a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o)Natural gas vehicle service (rate NGV):Natural gas service for fleet vehicle fuelingand for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed underthe customer’s normal rate applicable tothe premise, but a separate meter may be requested by the customer to allow [MU14-2064-047/155612/1]12 Ordinance No. 8591-14 measurement for federal or state excise tax creditpurposes. Where anadditional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasolineor diesel." (p)Natural gas emergency generator or other standby service (rate NSS):Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . $50.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2)Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year round, whole house water heating as a minimum criteria for qualifying for service. (a)Residential Bulk Propane Gas Service (Rate BRLP):Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. [MU14-2064-047/155612/1]13 Ordinance No. 8591-14 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1—60 $1.80 $225.00 2 60.1--120 $1.60 $180.00 3 120.1--300 $1.00 $90.00 4 >300 $0.90 $75.00 (b)Residential "Will Call" Propane Gas Service (Rate WRLP:Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer callswith a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1 –60.0 $1.80 $210.00 [MU14-2064-047/155612/1]14 Ordinance No. 8591-14 2 60.1—120 $1.60 $150.00 3 120.1 -300 $0.90 $75.00 4 >300 $0.80 $60.00 (c)Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12.00 (d)Commercial Propane Gas Service (Rate BCLP):Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0--2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e)Residential Metered Propane Gas Service (Rate MRLP):Metered delivered LP service for all domestic uses in all residences of three (3) or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge: [MU14-2064-047/155612/1]15 Ordinance No. 8591-14 Per gallon . . . . $1.90 Minimum monthly bill . . . . $12.00 (f)Multi-family Metered Propane Gas Service (Rate MMLP):Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) unitsor more. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $25.00 (g)General Metered Propane Gas Service (Rate MGLP):Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $0.30 Minimum monthly bill . . . . $25.00 (h)Large Metered Propane Gas Service (Rate MLLP):Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . $40.00 Non-fuel energy charge: Per gallon . . . . $0.25 Minimum monthly bill . . . . $40.00 [MU14-2064-047/155612/1]16 Ordinance No. 8591-14 (i)Contract Propane Gas Service (Rate CLP):Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Propane (LP) Gas Vehicle Service (Rate LPV):Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be ona separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill.Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. [MU14-2064-047/155612/1]17 Ordinance No. 8591-14 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k)Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008. Monthly customer charge . . . . $50.00 Non-fuel energy charge: Per gallon . . . . $1.00 Minimum monthly bill . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l)Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note:This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. Annual customer charge . . . . $420.00 Non-fuel energy charge: Per gallon . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (m)Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install amoreenergy efficient appliance or applianceswhile a customer of CGS and thiscauses theirusageto drop, such that their UsageClass wouldchange thereby increasingthe Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient [MU14-2064-047/155612/1]18 Ordinance No. 8591-14 appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure thatthe customer is not adversely impacted for such energy efficient installation. (3)Other gas charges.The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a)Facilities contract charge (rider FCC):A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-goingFCC charges....A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based onthe CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges....A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. [MU14-2064-047/155612/1]19 Ordinance No. 8591-14 Public fill station facilities charge....A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b)Purchased gas adjustment (rider PGA):A rider applicable to all natural gas thermrates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . .$0.85 Propane (LP) gas rate schedule PGA: Per gallon . . . .$2.12 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in orderto recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved bythe City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the thermssold to all of the natural gas firm rate [MU14-2064-047/155612/1]20 Ordinance No. 8591-14 schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classesof natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shallbe credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates ---Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas SystemManaging Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c)Energy conservation adjustment (rider ECA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the Gas System Managing Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $0.14 Propane (LP) Gas Rate Schedule ECA: Per gallon . . . . $0.14 [MU14-2064-047/155612/1]21 Ordinance No. 8591-14 The above ECA rates are as currently approved for October 2014. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustmentin the ECA rate will be made at the discretion of the City Manager or designee. (d)Regulatory imposition adjustment (rider RIA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas System by federal, state or local regulatory agencies. The RIA will notbe applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 Propane (LP) gas rate schedule RIA: Per gallon . . . . $0.12 The above RIA rates are as currently approved for October 2014. Note that this RIA rider incorporatesthe formerEnvironmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includesOther Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas System by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect theover or under recovery of these RIA costs at the discretion of the City Manager or designee. (e)Usage and Inflation adjustment (rider UIA):A rider applicable to all standard non-contract natural gas therm rates and standard non- [MU14-2064-047/155612/1]22 Ordinance No. 8591-14 contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to changes in use per customer from the test year values as set in the 2014 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . . $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00for Residential and . . . . . . . . . . . . . . . . . . . . . . . $0.00 for Commercial The above UIA rates are as currently approved for October 2014. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basisisSeptember 2014Gas Rate Study projected index of239.702) Residential Use per customer based on annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f)Franchise and other city/county fees recovery clause (rate FFR):A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or otherimpositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and [MU14-2064-047/155612/1]23 Ordinance No. 8591-14 other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent(6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g)Tax clause (TAX -Various):All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h)Other miscellaneous gas charges:The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00 Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95.00 for up to 4 appliances. Added appliances, per each,add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpaymentsdisconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 [MU14-2064-047/155612/1]24 Ordinance No. 8591-14 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights). . . $80.00 Replace broken stop or locks on meters . . . . Time and materials Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials Relocate gas meter . . . . Time and materials Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day orbeyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-offResidential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 Standard “Time and Materials” for Service and Repair, Installation, or otherwork performed by CGS personnel plus materials: 1 person crew . . . $125.00 for Trip Charge andup to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00for the tripif no labor is performed or if the customer does not show for an appointment. 2 person crew . . . $195 for Trip Chargeand up to 1 crew hour of laborplus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $75.00 for the trip if no labor is performed or if the customer does not show for an appointment. [MU14-2064-047/155612/1]25 Ordinance No. 8591-14 The above Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and time charges Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $45.00 Gas meter test at customer request-if results are within limits (per meter) . . . . $150.00 Reset residential gas meter after same customer requests removal (per meter) . . . $150.00 Unauthorized meter bypass or hookup . . . . Time and materials plus ten percent of the average monthly bill for each day since last reading deemed to be accurate Emergency response for non-Clearwater Gas System consumers or other utilities . . . . Time and materials [MU14-2064-047/155612/1]26 Ordinance No. 8591-14 Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the undergroundtank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandonedon-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meteroutlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating;any related repairs to the customer facilities or master-metered gas distribution systems as required by regulationas well asany work requiredto correct deficienciesorany work requiredto move facilities. . . . Time and materials Collector fee, See Appendix A -Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) -Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $50.00 trip charge if the customer requests delivery for the next business day or requests a scheduled delivery for fewer than 4 business days, $75.00 trip charge for same business day deliveryfor requests received by 12:00 Noon, or [MU14-2064-047/155612/1]27 Ordinance No. 8591-14 $150.00 trip charge for same day deliveryservice requests after 12:00 Noonand before operational hours end at 3:30 pm, or $250.00 trip charge forall“call out” fills received after 3:30 pm on normal operational days, or on holidays, or onweekends. Trip charges will be applied even if LPtank is inaccessible or customer is not present when required, (CGI). A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request deliverycharges will also apply. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs……………………….Time & Materials Special seasonal gas turn-on....The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas System service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas System and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to [MU14-2064-047/155612/1]28 Ordinance No. 8591-14 repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies:The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a)Uniformity of rate and service application:To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b)Contract rate level determination:It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternateenergy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c)Rate schedule reductions or minor changes:The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d)Main and service extension construction feasibility:Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: [MU14-2064-047/155612/1]29 Ordinance No. 8591-14 1.Design considerations.The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2.Main line extension construction feasibility.The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years= Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3.Service line extensions.The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installed for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility [MU14-2064-047/155612/1]30 Ordinance No. 8591-14 formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4.Customer contribution required.If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5.Conversion of equipment to natural gas.The Clearwater Gas System will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make- up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliancesplus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas System for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6.Relocation of gas service facilities.When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas System to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas Systemfor all or any part of the costs incurred to accomplish [MU14-2064-047/155612/1]31 Ordinance No. 8591-14 such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7.Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas System (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System Managing Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoptionand shall be applicable to all gas bills and services rendered on or after November1, 2014. [MU14-2064-047/155612/1]32 Ordinance No. 8591-14 PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [MU14-2064-047/155615/1]1 Ordinance No 8591- 14 ORDINANCE NO. 8591-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHENSUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERSIN ACCORDANCE WITH THE 2014 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractorsin the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since January1, 2011; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, [MU14-2064-047/155615/1]2 Ordinance No 8591- 14 BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330.Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331.Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC“Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332.Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required. If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas division. Sec. 32.333.Permit. See city gas code, as adoptedby section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334.Tapping and connection. Tapping of all gas mains and service connections shall be done by the gas division or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city [MU14-2064-047/155615/1]3 Ordinance No 8591- 14 property shall be maintained by the gas division and may be removed or changed by it at any time.Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335.Maintenance of meters and service lines. The gas division shall have the right to meter any and all gas service lines. The gas division alone shall have the right to stipulate the size, type, make and location of meters,type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336.Metersand LP TankLocationsand delivery pressure. Gas service will be delivered to the customer for each premise at one(1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e. not expected to be enclosed by fencing or hedges. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tankand operation of the gas shutoff valve, and shall be protected from corrosion and other damage.The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ pounds per square inchPSI) and for propane (LP) from the tank is [MU14-2064-047/155615/1]4 Ordinance No 8591- 14 established at the option of CGS at eithereleven (11) inches water column (approximately 3/8 pounds per square inchPSI)or 2 PSI. An optional delivery pressure above the standard must may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337.Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338.Testing. The gas division reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339.Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas system located on the premises. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340.Authority to turn on gas. (1) Generally.It shall be unlawful for any person other than a CGS employee or a specifically designatedand approvedagent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections.A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas [MU14-2064-047/155615/1]5 Ordinance No 8591- 14 meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing.A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks.A replacement fee shall be charged for the replacement of meter stop locks whichhave been broken or removed. Sec. 32.341.Responsibilityfor gas in service lines. The Cityis responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier,to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas System retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Managing Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A –Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): [MU14-2064-047/155615/1]6 Ordinance No 8591- 14 (1)Natural gas service rates.The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System(CGS), based on their applicable class of service: (a)Residential natural gas service (rate RS):Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $10.0012.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $10.0012.00 (b)Small multi-family residential service (rate SMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $25.00 (c)Medium multi-family residential service (rate MMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $40.00 (d)Large multi-family residential service (rate LMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $95.00 [MU14-2064-047/155615/1]7 Ordinance No 8591- 14 (e)Small natural gas general service (rate SGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.460.42 Minimum monthly bill . . . . $25.00 (f)Medium natural gas general service (rate MGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.400.38 Minimum monthly bill . . . . $40.00 (g)Large natural gas general service (rate LGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.340.34 Minimum monthly bill . . . . $95.00 (h)Interruptible natural gas service (rate IS):Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge . . . . $250.00 [MU14-2064-047/155615/1]8 Ordinance No 8591- 14 Non-fuel energy charge, per therm . . . . $0.2800.24 Minimum monthly bill . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (i)Contract natural gas service (rate CNS):Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rateswith special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....The same as the normally applicable service class Non-fuel energy charge....Per therm as established by contract Minimum monthly bill....Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Residential natural gas air conditioning/emerging technologyservice (rate RAC):Firm natural gas service for domestic gas air conditioning,combined heat & power (CHP) systems, and/or other emerging technology systemsin all residences of three (3) units or [MU14-2064-047/155615/1]9 Ordinance No 8591- 14 fewer where the gas air conditioningapplicableload is separately metered. Note: This rate is closed for new customer applications and is only applicable for residential customers on RAC service as of December 31, 2008. New residential air conditioning applications on or after January 1, 2009, will be handled as added services on the standard RS rate application. Monthly customer charge....$ 10.0012.00only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$0.20 Minimum monthly bill....$ 10.0012.00at the premise on a firm rate schedule (k)General natural gas air conditioning/emerging technologyservice (rate GAC):Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systemsservice for all commercial, industrial, and other non-residential applications of 4 or more units where the installed gas air conditioning capacity is 0--149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per yearand the gas air conditioningapplicable load is separately metered. Monthly customer charge....$ 25.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$ 0.15 Minimum monthly bill....$ 25.00 at the premise on a firm rate schedule (l)Large natural gas air conditioning/emerging technologyservice (rate LAC):Firm natural gas air conditioning, combined heat &power (CHP), and/or other emerging technology systemsservicefor all commercial, industrial, and other non-residential applications of 4 or [MU14-2064-047/155615/1]10 Ordinance No 8591- 14 more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or moreand the gas air conditioningapplicableload is separately metered. Monthly customer charge....$ 40.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$ 0.10 Minimum monthly bill....$ 40.00 at the premise on a firm rate schedule (m)Natural gas street lighting service (rate SL):Natural gas service for lighting of public areas and ways. Service may be either metered or estimated at the sole discretion of the gas system. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. Monthly customer charge . . . . $20.00 Non-fuel energy charge, per therm . . . . $0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional [MU14-2064-047/155615/1]11 Ordinance No 8591- 14 Plus any required equipment/parts Minimum monthly bill . . . . $20.00 Plus any applicable facilitiescontract charges (n)Contract natural gas transportation service (rate CTS):Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge....Per thermas established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill....Monthly customer charge plus the non- fuel therm ratefor a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o)Natural gas vehicle service (rate NGV):Natural gas service for fleet vehicle fuelingand for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal constructionfeasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered [MU14-2064-047/155615/1]12 Ordinance No 8591- 14 and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at ratessimilarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed underthe customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax creditpurposes. Where anadditional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasolineor diesel." (p)Natural gas emergency generator or other standby service (rate NSS):Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . $50.00 Non-fuel energy charge, per therm . . . . $0.460.42 Minimum monthly bill . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2)Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year round, whole house water heating as a minimum criteria for qualifying for service. [MU14-2064-047/155615/1]13 Ordinance No 8591- 14 (a)Residential Bulk Propane Gas Service (Rate BRLP):Bulk delivered LPservice for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 00.1—60 $1.80 $210.00225.00 2 60.1--120 $1.60 $180.00 3 120.1--300 $1.00 $90.00 4 >300 $0.90 $75.00 (b)Residential "Will Call" Propane Gas Service (Rate WRLP:Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer callswith a “Will Call” fill request on Monday, then we will fill no later than the following Friday. [MU14-2064-047/155615/1]14 Ordinance No 8591- 14 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1 –60.0 $1.80 $210.00 12 060.1—120 $1.60 $150.00 23 >120.1-300 $0.90 $75.00 4 >300 $0.80 $60.00 (c)Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $10.0012.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$10.0012.00 (d)Commercial Propane Gas Service (Rate BCLP):Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0--2500 $0.25 $90.00 [MU14-2064-047/155615/1]15 Ordinance No 8591- 14 2 >2500 $0.20 $90.00 (e)Residential Metered Propane Gas Service (Rate MRLP):Metered delivered LP service for all domestic uses in all residences of three (3) or fewer. Monthly customer charge . . . . $10.0012.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $10.0012.00 (f)Multi-family Metered Propane Gas Service (Rate MMLP):Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $25.00 (g)General Metered Propane Gas Service (Rate MGLP):Metered delivered LP service for all commercial, industrial, and other applications whereno other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $0.30 Minimum monthly bill . . . . $25.00 (h)Large Metered PropaneGas Service (Rate MLLP):Metered delivered LP service for all commercial, industrial, and other [MU14-2064-047/155615/1]16 Ordinance No 8591- 14 applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . $40.00 Non-fuel energy charge: Per gallon . . . . $0.25 Minimum monthly bill . . . . $40.00 (i)Contract Propane Gas Service (Rate CLP):Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Propane (LP) Gas Vehicle Service (Rate LPV):Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be ona separate account servicing exclusively fleet fueling facilities. [MU14-2064-047/155615/1]17 Ordinance No 8591- 14 Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill.Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k)Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008. Monthly customer charge . . . . $50.00 Non-fuel energy charge: Per gallon . . . . $1.00 Minimum monthly bill . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l)Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note:This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. Annual customer charge . . . . $420.00 Non-fuel energy charge: [MU14-2064-047/155615/1]18 Ordinance No 8591- 14 Per gallon . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (m)Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install amoreenergy efficient appliance or applianceswhile a customer of CGS and thiscauses theirusageto drop, such that their UsageClass wouldchange thereby increasingthe Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure thatthe customer is not adversely impacted for such energy efficient installation. (3)Other gas charges.The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a)Facilities contract charge (rider FCC):A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-goingFCC charges....A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based onthe CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. [MU14-2064-047/155615/1]19 Ordinance No 8591- 14 Time-limited FCC charges....A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge....A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b)Purchased gas adjustment (rider PGA):A rider applicable to all natural gas thermrates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.870.95 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . .$0.790.85 Propane (LP) gas rate schedule PGA: [MU14-2064-047/155615/1]20 Ordinance No 8591- 14 Per gallon . . . .$1.872.12 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 20102014. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in orderto recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved bythe City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the thermssold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classesof natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shallbe credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates ---Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas SystemManaging Director annually based on historical costs and will be approved by the City Manager or [MU14-2064-047/155615/1]21 Ordinance No 8591- 14 designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c)Energy conservation adjustment (rider ECA):A rider applicable to all firm standard (non-contract) natural gas thermrates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the Gas System Managing Director. The ECA will not be applied to interruptible natural gas or othernon-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm .. . . $0.100.14 Propane (LP) Gas Rate Schedule ECA: Per gallon . . . . $0.100.14 The above ECA rates are as currently approved for October 20102014. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, includingenergy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in theECA rate will be made at the discretion of the City Manager or designee. (d)Regulatory imposition adjustment (rider RIA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas System by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: [MU14-2064-047/155615/1]22 Ordinance No 8591- 14 Natural Gas Rate Schedule RIA, per therm . . . . $0.000.12 Propane (LP) gas rate schedule RIA: Per gallon . . . . $0.000.12 The above RIA rates are as currently approved for October 20102014. Note that this RIA rider incorporatesthe former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas System by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect theover or under recovery of these RIA costs at the discretion of the City Manager or designee. (e)Usage and Inflation adjustment (rider UIA):A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to changes in use per customer from the test year values as set in the20082014 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . . $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00for Residential and . . . . . . . . . . . . . . . . . . . . . . . $0.00 for Commercial The above UIA rates are as currently approved for October 20102014. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basisisSeptember 20092014Gas Rate Study projected index of 239.702) [MU14-2064-047/155615/1]23 Ordinance No 8591- 14 Residential Use per customer based on annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f)Franchise and other city/county fees recovery clause (rate FFR):A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%)payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g)Tax clause (TAX -Various):All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h)Other miscellaneous gas charges:The following charges are applicable whenever applicable gas services are rendered the customer: [MU14-2064-047/155615/1]24 Ordinance No 8591- 14 Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00 Meter turn-on residential, same day as requested by customer by 12:00 Noon (peraccount for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95.00 for up to 4 appliances. Added appliances, per each,add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances,per each, add … $20.00 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights). . . $80.00 Replace broken stop or locks on meters . . . . Time and materials Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials Relocate gas meter . . . . Time and materials Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day orbeyond as requested by the customer (per account). . . . $50.00 Turn-on or Turn-offResidential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 [MU14-2064-047/155615/1]25 Ordinance No 8591- 14 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 Standard “Time and Materials” for Service and Repair, Installation, or otherwork performed by CGS personnel plus materials: 1 person crew . . . $125.00 forTrip Charge andup to 1 hour of laborof $50.00plus $25.00 for each additionaltime on- site/quarter hour or portion thereof. . . $25.00. Minimum charge is $50.00 for the tripif no labor is performed or if the customer does not show for an appointment. 2 person crew . . . $195 forTrip Chargeand up to 1 crew hour of laborof $75.00plus $40.00 for each additionaltime on-site/quarter hour or portion thereof. . . . $40.00Minimum charge is $75.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after [MU14-2064-047/155615/1]26 Ordinance No 8591- 14 operational hours (including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and time charges Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $45.00 Gas meter test at customer request-if results are within limits (per meter) . . . . $150.00 Reset residential gas meter after same customer requests removal (per meter) . . . $150.00 Unauthorized meter bypass or hookup . . . . Time and materials plus ten percent of the average monthly bill for each day since last reading deemed to be accurate Emergency response for non-Clearwater Gas System consumers or other utilities . . . . Time and materials Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the undergroundtank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandonedon-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meteroutlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating;any related repairs to the customer facilities or master-metered gas distribution systems as required by regulationas well asany work requiredto [MU14-2064-047/155615/1]27 Ordinance No 8591- 14 correct deficienciesorany work requiredto move facilities. . . . Time and materials Collector fee, See Appendix A -Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) -Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $50.00 trip charge if the customer requests delivery for the next business day or requests a scheduled delivery for fewer than 4 business days, $75.00 trip charge for same business day deliveryfor requests received by 12:00 Noon, or $150.00 trip charge for same day deliveryservice requests after 12:00 Noonand before operational hours end at 3:30 pm, or $250.00 trip charge forall“call out” fills received after 3:30 pm on normal operational days, or on holidays, or onweekends. Trip charges will be applied even if LPtank is inaccessible or customer is not present when required, (CGI). A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request deliverycharges will also apply. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs……………………….Time & Materials [MU14-2064-047/155615/1]28 Ordinance No 8591- 14 Special seasonal gas turn-on....The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas System service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas System and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies:The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a)Uniformity of rate and service application:To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. [MU14-2064-047/155615/1]29 Ordinance No 8591- 14 (b)Contract rate level determination:It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternateenergy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c)Rate schedule reductions or minor changes:The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d)Main and service extension construction feasibility:Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 1.Design considerations.The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2.Main line extension construction feasibility.The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years= Maximum Investment for Construction Feasibility [MU14-2064-047/155615/1]30 Ordinance No 8591- 14 Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3.Service line extensions.The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installed for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4.Customer contribution required.If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). [MU14-2064-047/155615/1]31 Ordinance No 8591- 14 5.Conversion of equipment to natural gas.The Clearwater Gas System will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make- up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliancesplus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas System for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6.Relocation of gas service facilities.When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas System to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas Systemfor all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7.Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas System (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System Managing Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. [MU14-2064-047/155615/1]32 Ordinance No 8591- 14 Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoptionand shall be applicable to all gas bills and services rendered on or after November1, 2014. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Clearwater GasSystem 2014GasRateReview2014GasRateReview GasRateStudyGasRateStudy Black & Veatch completed a Cost of Service and Rate Study update for Clearwater Gas System 9/12/2014 Current gas rates and service charges have been effective since January 1, 2011 –3.75 years ObjectivesObjectives Evaluate adequacy of existing rates to meet operational & capital needs Verify current rates are applied correctly Project CGS Financial Position for 2014 –2019 based on current rates Recommend any changes needed Findings/RecommendationsFindings/Recommendations CGS current rates are adequate –Propose $1.2 Million Reduction in Commercial & Industrial base rates –Propose a Revenue Neutral Residential base rate change: $2 increase in Monthly Charge & offset with reduction in Usage (therm) Charges Revise Service labor rate methodology: –Current: Trip charge + ¼ hour rate –Proposed: Trip & up to hour charge + ¼ hr. rate Changes to LP Rates in Lower Brackets OtherRecommendedChangesOtherRecommendedChanges Revise wording of current ordinance throughout to clarify responsibilities & reflect current operating procedures Update recovery factors to roll in Non- Weather portion of Usage & Inflation Adjustment & reflect October 2014 reference levels Clearwater GasSystem Gas Ordinance Changes Proposed Effective November 1, 2014 Gas Ordinance Changes Proposed Effective November 1, 2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: #8607-14 Agenda Date: 10/13/2014 Status: Second ReadingVersion: 2 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8607-14 on second reading, amending the provisions of Chapter 2, Article V., Division 3., Code of Ordinances to comply with Section 401(a)(31)(B) of the Internal Revenue Code. SUMMARY: Internal Revenue Regulations require two amendments to the Clearwater Employee Pension Ordinance. The changes to Section 2.398 and restated in Section 2.424 (Time and Manner of Payment) requires the Plan Administrator to deposit any lump sum payout exceeding $1000 into an individual retirement plan designated by a trustee should the distribute not make an election otherwise. The changes to Section 2.393 and restated in Section 2.412 add additional language to the definition for compensation to include severance payments and overtime. Page 1 City of Clearwater Printed on 10/14/2014 Ordinance No. 8607-14 ORDINANCE NO.8607-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING THE PROVISIONS OF CHAPTER 2, ARTICLE V., DIVISION 3., OF THE CITY OF CLEARWATER CODE OF ORDINANCE TO COMPLY WITH SECTION 401(a)(31)(B) OF THE INTERNAL REVENUE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized and empowered to amend the Plan to comply with changes to Internal Revenue code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1: Section 2.393 as restated in Section 2.412,Division 3 of Article V. of Chapter 2,is hereby amended to read: * * * * * Compensation: * * * * * (2)d. For limitation years beginning on or after July 1, 2007, and for the purposes of applying the limits of Section 415 of the Internal Revenue Code, compensation shall mean the participant’s wages, salaries, and other amount received for personal services actually rendered in the course of employment with the employer to the extent the amounts are includable in gross income, and other such amounts that are included in the definition of compensation under Treasury Regulation Section 1.415(c)-2(a). This definitionof compensation shall include any amounts paid by the later of: (1) 2 ½ months after severance from employment or (2) the end of the limitation year that includes the date of severance from employment if; (a) absent a severance from employment, such payments would have been paid to the employee while the employee continued in employment with the employer and was for regular compensation for services rendered during the employee’s regular working hours; or (b) compensation was paid for services outside the employee’s regular working hours (such as overtime or shift differential), bonuses or other similar compensation. Section 2.398 as restated in Section 2.424,Division 3 of Article V. of Chapter 2, is hereby amended to read: * * * * * 2 Ordinance No. 8607-14 c. Lump sum payment. Notwithstanding anything contained in this plan to the contrary, any benefit payable under the plan on or after March 28, 2005,the actuarial lump sum present value of which is not more than $3500.005,000.00, shall be paid in a lump sum as soon as practicable following the participant’s termination of employment. Should the actuarial lump sum value of such payment be greater than $1000.00, and if the distributeehas not elected to have such distribution paid directly to a specified eligible retirement plan, the plan administrator shall make such payment to an individual retirement plan of a designated trustee or issuer and shall notify the distributeein writing (either separately or as part of the notice under Section 402(f) of the Internal Revenue Code) that the distribution may be transferred to another individual retirement plan. * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8612-14 Agenda Date: 10/13/2014 Status: Second ReadingVersion: 2 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8612-14 on second reading, amending the Money Purchase Pension Plan to comply with the Internal Revenue Code, and codifying the amended Second Restatement of the Money Purchase Pension Plan. SUMMARY: The City of Clearwater Money Purchase Plan was established effective August 28, 1997 and restated November 20, 2008. The plan must be amended to comply with the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The amendment will amend Section 6.5. Limitations on Contributions of the Plan by amending Section 6.5(b) and deleting Section 6.5(c). This amendment eliminates the requirement to dispose of excess annual additions to contributions. The Money Purchase Pension Plan Second Restatement was approved by City Council on November 6, 2008, but was not codified. The current Ordinance instructs Municode Corporation to codify the amended Second Restatement. Page 1 City of Clearwater Printed on 10/14/2014 Ordinance No. 8612-14 ORDINANCE NO.8612-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING THE PROVISIONS OF ORDINANCE 8017-08RELATING TO THE RESTATEMENT OF THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN (THE ‘PLAN’); ADOPTINGCHANGES TO THE PLAN DOCUMENT COMPLYING WITH THE INTERNAL REVENUE CODE; REPEALING AND REPLACING DIVISION 6, CHAPTER 2, CODE OF ORDINANCES TO CODIFY THE AMENDED SECOND RESTATEMENT OF THE MONEY PURCHASE PENSION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized and empowered to amend the Plan to comply with changes to Internal Revenue code, and; WHEREAS, the Second Restatement of the Money Purchase Pension Plan was adopted on November 20, 2008, but not codified; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1.Section 6.5(b), Limitations on Allocation of Contributions, is hereby amended to read: * * * * * (b)In the event that the Annual Additions, under the normal administration of the Plan, would otherwise exceed the limits set forth above for any participant, or in the event that any Participant participates in both a defined benefit plan and a defined contribution plan maintained by the Employer and the aggregate annual additions to and projected benefits under all of such plans, under the normal administration of such plans, would otherwise exceed the limits provided by law, then the Plan Administrator shall take such actions, applied in a uniform and nondiscriminatory manner, as will keep the annual additions and projected benefits for such Participant from exceeding the applicable limits provided by law. Excess Annual Additions shall be disposed of as provided in Section 6.5(c).Adjustments shall be made to other plans, if necessary to comply with such limits, before any adjustments may be made to this Plan. * * * * * Section 6.5C shall be deleted in its entirety. 2 Ordinance No. 8612-14 (c) If as a result of a reasonable error in estimating a Participants Section 415 Compensation or other circumstances permitted under Section 415 of the Code, the Annual Additions attributable to Employer contributions for a particular Participant would cause the limitations set forth in this subsection (c)to be exceeded,the excess shall be allocated and reallocated to other Participants in the Plan. However if the allocation or reallocation of the excess amounts causes the limitations of this subsection(c)to be exceeded with respect to each Participant for the Limitation Year,then these amounts must be held unallocated in a suspense account. If a suspense account is in existence at any time during a particular Limitation Year,other than the Limitation Year described in the preceding sentence,all amounts must be allocated and reallocated to the Participants (subject to thelimitations of this subsection(c))before any contributions that constitute Annual Additions may be made to the Plan for that Limitation Year. The suspense account shall be credited or charged as the case may be with a share of the income losses,appreciation and depreciation attributable thereto as if it were an Account of a Participant. * * * Section 2. Specific authority is hereby grantedto codify and incorporate the Second Restatement of the Money Purchase Pension Plan, attached hereto as Exhibit A and made a part hereof, as Division 6, Chapter 2, Clearwater Code of Ordinance, replacing the existing Division 6, Chapter 2. Section 3.This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Exhibit A CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN SECOND RESTATEMENT \388024\2 -# 507616 v4 i CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN ARTICLE I Definitions...............................................................................................................2 1.1 "Account" or "Accounts"..........................................................................................2 1.2 "Administrator"..........................................................................................................2 1.3 "Anniversary Date"....................................................................................................2 1.4 "Annual Additions"....................................................................................................2 1.5 "Code"........................................................................................................................2 1.6 "Compensation"........................................................................................................2 1.7 ”Directed Investment Fund".....................................................................................3 1.8 "Effective Date".........................................................................................................3 1.9 "Employee"................................................................................................................3 1.10 "Employer".................................................................................................................3 1.11 "Employer Contribution Account" and “Employee Contribution Account”..........3 1.12 [This section intentionally left blank.]......................................................................3 1.13 "Limitation Year".......................................................................................................3 1.14 "Normal Retirement Date".........................................................................................3 1.15 "Participant"...............................................................................................................3 1.16 "Plan".........................................................................................................................3 1.17 "Plan Administrator".................................................................................................3 1.18 "Plan Year".................................................................................................................4 1.19 "Pooled Investment Fund"........................................................................................4 1.20 "Rollover Contribution Account" ...........................................................................4 1.21 "Section 415 Compensation"....................................................................................4 1.22 "Segregated Investment Fund"................................................................................4 1.23 "Trust"........................................................................................................................4 1.24 "Trust Agreement".....................................................................................................4 \388024\2 -# 507616 v4 ii 1.25 "Trustee"....................................................................................................................4 1.26 "Trust Fund"..............................................................................................................4 1.27 "Valuation Date"........................................................................................................4 1.28 "Valuation Period".....................................................................................................4 ARTICLE II Establishment and Name of the Plan...................................................................5 2.1 Name of Plan. ...........................................................................................................5 2.2 Exclusive Benefit. ....................................................................................................5 2.3 Mistake of Fact...........................................................................................................5 2.4 Participants' Rights. ................................................................................................5 2.5 Qualified Plan. ..........................................................................................................5 ARTICLE III Plan Administrator................................................................................................6 3.1 Administration of the Plan........................................................................................6 3.2 Powers and Duties.....................................................................................................6 3.3 Direction of Trustee...................................................................................................7 3.4 Conflict in Terms.......................................................................................................7 3.5 Final Authority...........................................................................................................7 3.6 Appointment of Advisors and Delegation of Duties................................................7 ARTICLE IV Eligibility and Participation..................................................................................8 4.1 Eligibility and Participation.......................................................................................8 4.2 Former Employees....................................................................................................8 4.3 Change of Eligibility Status......................................................................................8 4.4 Military Service..........................................................................................................8 ARTICLE V Contributions to the Trust....................................................................................9 5.1 Employer Contributions............................................................................................9 5.2 Form and Timing of Contributions...........................................................................9 5.3 Rollover Contributions..............................................................................................9 5.4 No Duty to Inquire......................................................................................................9 \388024\2 -# 507616 v4 iii ARTICLE VI Participants' Accounts and Allocation of Contributions.................................10 6.1 Common Fund.........................................................................................................10 6.2 Establishment of Accounts.....................................................................................10 6.3 Interests of Participants..........................................................................................10 6.4 Adjustments to Accounts.......................................................................................10 6.5 Limitation on Allocation of Contributions..............................................................11 ARTICLE VII Benefits Under The Plan...................................................................................13 7.1 Retirement Benefit...................................................................................................13 7.2 Termination of Employment Benefit.......................................................................13 7.3 Death Benefit...........................................................................................................13 ARTICLE VIII Form And Payment Of Benefits.......................................................................15 8.1 Timing and Form.....................................................................................................15 8.2 Manner of Payment..................................................................................................20 8.3 Lump Sum Payment................................................................................................21 8.4 Periodic Adjustments..............................................................................................21 8.5 Location of Participant or Beneficiary Unknown...................................................21 8.6 Transfer to Other Qualified Plans...........................................................................21 8.7 Direct Rollovers.......................................................................................................22 8.8 Withdrawals from Rollover Contribution Accounts..............................................23 8.9 Withdrawals from Employer and Employee Mandatory Contribution Accounts.23 ARTICLE IX Trust Fund And Expenses Of Administration..................................................24 9.1 Name of Trustee......................................................................................................24 9.2 Expenses of Administration...................................................................................24 ARTICLE X Amendment And Termination............................................................................25 10.1 Restrictions on Amendment and Termination of Plan..........................................25 10.2 Amendment of Plan.................................................................................................25 10.3 Termination of Plan.................................................................................................25 \388024\2 -# 507616 v4 iv 10.4 Termination Procedure...........................................................................................25 ARTICLE XI Participant Direction Of Account Investment...................................................26 11.1 Participant Directed Investments...........................................................................26 11.2 Election Procedures................................................................................................26 11.3 Failure to Designate................................................................................................26 11.4 Charges and Credits................................................................................................26 11.5 Procedures...............................................................................................................27 ARTICLE XII Miscellaneous....................................................................................................28 12.1 Alienation.................................................................................................................28 12.2 Governing Law.........................................................................................................28 12.3 Gender......................................................................................................................28 12.4 Forfeiture of Benefits for Specified Offenses........................................................28 12.5 Claims Procedures..................................................................................................29 ARTICLE XIII Loans To Participants......................................................................................31 13.1 Availability of Loans................................................................................................31 13.2 Time and Manner of Repayment.............................................................................32 13.3 Default......................................................................................................................32 1 \388024\2 -# 507616 v4 CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN THE CITY OF CLEARWATER, FLORIDA (the "Employer") hereby restates this money purchase pension plan, a tax-qualified defined contribution plan this _____ day of ___________, 2008, to provide supplementary retirement and other benefits for certain eligible employees. WITNESSETH: WHEREAS, the Employer desires to provide for the retirement of certain Employees employed by the Employer by establishing a money purchase pension plan for those Employees who now or may hereafter qualify for participation therein; WHEREAS, the Employer desiresto amend the Plan to comply with legislative changes; and WHEREAS, the Plan may be amended by the Employer pursuant to Section 9.02 thereof. NOW, THEREFORE, in consideration of the premises, it is agreed as follows: 2 \388024\2 -# 507616 v4 ARTICLE I DEFINITIONS 1.1 "Account" or "Accounts"shall mean a Participant's Employer Contribution Account, Rollover Account and/or such other accounts as may be established by the Plan Administrator. 1.2 "Administrator" shall mean the Plan Administrator. 1.3 "Anniversary Date" shall mean December 31 of each Plan Year. 1.4 "Annual Additions"shall mean, for any Limitation Year, the sum of: (a)the amount of Employer contributions allocated to the Participant during any Limitation Year under any qualified defined contribution plan maintained by the Employer; (b)the amount ofthe Employee's contributions (other than rollover contributions, if any) to any qualified defined contribution plan maintained by the Employer; (c)any forfeitures allocated to the Participant under any qualified defined contribution plan maintained by the Employer; or (d)amounts allocated to an individual medical account, as defined in Section 415(l)(2) of the Code that is part of a pension or annuity plan maintained by the Employer, and amounts derived from contributions that are attributable to medical benefits under a welfare benefit plan (as defined in Section 419(e) of the Code) maintained by the Employer; provided, however, the percentage limitation set forth in Section 415(c)(1)(B) of the Code shall not apply to: (A) any contribution for medical benefits (within the meaning of Section 419A(f)(2) of the Code) after separation from service which is otherwise treated as an "Annual Addition," or (2) any amount otherwise treated as an "Annual Addition" under Section 415(l)(1) of the Code. 1.5 "Code" shall mean the Internal Revenue Code of 1986, as amended, or any successor statute. Reference to a specific section of the Code shall include a reference to any successor provision. 1.6 "Compensation" (a)"Compensation" shall mean the regular salaries and wages, bonuses, overtime pay, holiday time, accrued vacation, sick pay, and severance pay paid by the Employer during the Plan Year reportable as W-2 wages for Federal income tax withholding purposes, Employee contributions designated as employer contributions under Section 414(h) of the Code, and elective contributions made during the Plan Year on behalf of a Participant to a Plan described in Section 125 or 457 of the Code, but shall not include any other type 3 \388024\2 -# 507616 v4 of cash or non-cash remuneration, including, but not limited to disability payments, amounts paid by the Employer to a Plan described in Section 125, 132(f)(4), 402(e)(3) or 457(b) of the Code, credits or benefits under this Plan, any amount contributed to any pension, employee welfare, life insurance or health insurance plan or arrangement, or any other fringe benefits, welfare benefits, or deferred compensation. (b)No Compensation in excess of the limit under Section 401(a)(17) of the Code (adjusted under such regulations as may be issued by the Secretary of the Treasury) shall be taken into account for any Employee. If a Plan Year consists of fewer than 12 months, the Compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the Plan Year, and the denominator of which is 12. 1.7 ”Directed Investment Fund" shall mean an investment fund established pursuant to Article XI for purposes of investing Participants' Accounts. 1.8 "Effective Date" of this Plan shall mean January 1, 2008, except as may otherwise be noted herein. 1.9 "Employee" shall mean any person actively employed by the Employer in the position of City Manager, City Attorney, Assistant City Attorney and all management contract employees, who are not participants in the City of Clearwater Employees' Pension Fund, a defined benefit pension plan, excluding temporary employees. 1.10 "Employer" shall mean the City of Clearwater, Florida. 1.11 "Employer Contribution Account" and “Employee Contribution Account” shall mean an account established pursuant to Section 6.2 with respect to Employer contributions and Employee contributions made pursuant to Article V. 1.12 [This section intentionally left blank.] 1.13 "Limitation Year" shall mean the Plan Year. 1.14 "Normal Retirement Date" shall mean the date on which a Participant has reached the age of 55. 1.15 "Participant" shall mean any eligible Employee of the Employer who has become a Participant under the Plan. Participant shall include any former employee of the Employer who became a Participant under the Plan and who still has a balance in an Account under the Plan. 1.16 "Plan" shall mean the City of Clearwater Money Purchase Pension Plan, a tax-qualified defined contribution plan, as herein set forth, as it may be amended from time to time. 1.17 "Plan Administrator" shall mean the Employer or the person or persons appointed by the Employer pursuant to Article III hereof. 4 \388024\2 -# 507616 v4 1.18 "Plan Year" shall mean the period beginning June 23, 1997 and ending December 31, 1997; thereafter, the 12-month period beginning on January 1 and ending on the following December 31 of each year. 1.19 "Pooled Investment Fund" shall mean a Directed Investment Fund established under ArticleXI, the combined assets of which shall consist of the common investments of all Participants selecting the Directed Investment Fund. 1.20 "Rollover Contribution Account" shall mean an account established pursuant to Section 6.2 with respect to rollover contributions made pursuant to Article V. 1.21 "Section 415 Compensation" shall mean all compensation as described in Section 1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations. 1.22 "Segregated Investment Fund" shall mean a Directed Investment Fund established under Article XI, in which the assets of each Participant selecting the Directed Investment Fund shall be separately invested, and for which the earnings attributable to such assets shall be separately accounted. 1.23 "Trust" shall mean the trust established by the Trust Agreement. 1.24 "Trust Agreement" shall mean the agreement providing for the Trust Fund, as it may be amended from time to time. 1.25 "Trustee" shall mean the individual, individuals or corporation designated as trustee under the Trust Agreement. 1.26 "Trust Fund"shall mean the trust fund established under the Trust Agreement from which the benefits provided for by the Plan are to be paid or funded. 1.27 "Valuation Date"shall mean December 31 of each year and each day securities are traded on a national stock exchange, except regularly scheduled holidays of the Employer or the Trustee, or such other date as may be selected by the Plan Administrator. 1.28 "Valuation Period" shall mean the period beginning with the first day after a Valuation Date and ending with the next Valuation Date; provided, however, that the first Valuation Period shall begin on the Effective Date of the Plan. 5 \388024\2 -# 507616 v4 ARTICLE II ESTABLISHMENT AND NAME OF THE PLAN 2.1 Name ofPlan. A tax-qualified defined contribution plan is hereby established in accordance with the terms hereof and shall be known as the "CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN." 2.2 Exclusive Benefit. This Plan is created for the sole purpose of providing benefits to the Participants. Except as otherwise permitted by law, in no event shall any part of the principal or income of the Trust be paid to or reinvested in the Employer or be used for or diverted to any purpose whatsoever other than for the exclusive benefit of the Participants and their beneficiaries. 2.3 Mistake of Fact. Notwithstanding the foregoing provisions of Section 2.2, any contribution made by the Employer to this Plan by a mistake of fact may be returned to the Employer within one year after the payment of the contribution. 2.4 Participants' Rights. The establishment of this Plan shall not be considered as giving any Employee, or any other person, any legal or equitable right against the Employer, the Trustee or the principal or the income of the Trust, except to the extent otherwise provided by law. The establishment of this Plan shall not be considered as giving any Employee, or any other person, the right to be retained in the employ of the Employer. 2.5 Qualified Plan. This Plan and the Trust are intended to qualify under the Code as a tax-qualified employees' plan and trust, and the provisions of this Plan and the Trust are to be interpreted accordingly. 6 \388024\2 -# 507616 v4 ARTICLE III PLAN ADMINISTRATOR 3.1 Administration of the Plan. (a)The Plan Administrator shall controland manage the operation and administration of the Plan, except with respect to investments. The Plan Administrator shall have no duty with respect to the investments to be made of the funds in the Trust except as may be expressly assigned to it by the terms of the Trust Agreement and except to the extent that the Plan Administrator determines the investment funds which will be made available under the Plan in accordance with Article XI hereof. (b)(1)The Employer may appoint a committee to assist in the administration of the Plan, which shall serve at the pleasure of the Employer. All usual and reasonable expenses of the committee may be paid in whole or part by the Employer, and any expenses not paid by the Employer shall be paid from the Trust Fund. Any members of the committee who are employees of the City shall not receive compensation with respect to their services for the committee. (2)The committee must act at a publicly noticed meeting. The committee may elect one of its members as chairman, appoint a secretary, who may or may not be a committee member, and advise the Trustee of its actions in writing. The secretary shall keep a record of all meetings and forward necessary communications to the Employer or the Trustee. The committee may adopt such by-laws and regulations as it deems desirable for the conduct of its affairs. All decisions of the committee shall be made by a vote of the majority, including actions taken in writing without a meeting. (3)The committee and the individual members thereof shall be indemnified by the Employer (and not from the Trust Fund) against any and all liabilities arising by reason of any act or failure to act made in good faith pursuant to the provisions of the Plan, including expenses reasonably incurred in the defense of any claim relating thereto. 3.2 Powers and Duties. (a)The Plan Administrator shall have complete control over the administration of the Plan herein embodied, with all powers necessary to enable it to carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Plan Administrator shall have the power and discretion to interpret or construe this Plan and to determine all questions that may arise as to the status and rights of the Participants and others hereunder. 7 \388024\2 -# 507616 v4 (b)The Plan Administrator may promulgate such policies and make such rules and regulations for the proper administration of the Plan as it deems necessary. 3.3 Direction of Trustee. It shall be the duty of the Plan Administrator to direct the Trustee with regardto the distribution of benefits to the Participants and others hereunder. 3.4 Conflict in Terms. The Plan Administrator shall notify each Employee, in writing, as to the existence of the Plan and Trust and the basic provisions thereof. In the event of any conflict between the terms of this Plan and the Trust Agreement and as set forth in any explanatory booklet, this Plan and the Trust Agreement shall control. 3.5 Final Authority. Except to the extent otherwise required by law, the decision of the Plan Administrator in matters within its jurisdiction shall be final, binding and conclusive upon each Employee and beneficiary and every other interested or concerned person or party. 3.6 Appointment of Advisors and Delegation of Duties. (a)The Plan Administrator may appoint such accountants, counsel, specialists and other persons that it deems necessary and desirable in connection with the administration of this Plan. (b)The Plan Administrator may designate one or more of its employees to perform the duties required of the Plan Administrator hereunder. 8 \388024\2 -# 507616 v4 ARTICLE IV ELIGIBILITY AND PARTICIPATION 4.1 Eligibility and Participation. Any Employee employed by the Employer in the position of City Manager or City Attorney shall become a Participant in the Plan on the Effective Date. Each other eligible Employee shall enter the Plan as a Participant on his date of employment. 4.2 Former Employees. An Employee who ceases to be a Participant, terminates employment and is reemployed by the Employer shall be eligible again to become a Participant on thedate of his reemployment. 4.3 Change of Eligibility Status. In the event a change of job classification results in a Participant no longer qualifying as an eligible Employee, such Employee shall cease to be an active Participant as of the effective date of such change of job classification but the Employee shall not be deemed to have terminated employment with the Employer for purposes of this Plan. 4.4 Military Service. Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. 9 \388024\2 -# 507616 v4 ARTICLE V CONTRIBUTIONS TO THETRUST 5.1 Employer Contributions. (a)Employer Contributions. For each Plan Year, the Employer shall contribute to the Trust on behalf of each Participant employed by the Employer an amount equal to: 15% of Compensation on behalf of the City Manager and the City Attorney; 14% of Compensation on behalf of the Chief of Police; and 8% of Compensation on behalf of management contract employees (excluding the Chief of Police) and Assistant City Attorneys. The Employer will make bi-weekly contributions to the Trust throughout the Plan Year to meet its funding obligations under the Plan. (b)Employee Mandatory Contributions. For eachPlan Year, the City Manager and the City Attorney shall contribute an amount equal to 2% of Compensation and the Chief of Police shall contribute an amount equal to 6% of Compensation bi-weekly to the Trust. The mandatory contributions made by employees under the Plan shall be designated as employer contributions pursuant to Section 414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Employees’ gross income for federal income tax purposes. For all other purposes of the Plan, such contributions shall be considered employee contributions. (c)Vesting. All Participants shall be immediately 100% vested in all contributions made pursuant to this Section. 5.2 Form and Timing of Contributions. Payments on account of the contributions due from the Employer for any Plan Year shall be made in cash. Such payments may be made by the Employer at any time. 5.3 Rollover Contributions. With the consent of the Plan Administrator and in such manner as prescribed by the Plan Administrator, the Trustee may accept a rollover contribution (as defined in the applicable sections of the Code, except that for this purpose "rollover contribution" shall be deemed to include both a direct payment from an Employee and a direct transfer from a trustee of another qualified plan in which an Employee is or was a participant). Rollover amounts shall be allocated to the Employee's Rollover Contribution Account and invested in accordance with the provisions of Article XI. The Trustee shall not accepta rollover contribution that is subject to the requirements of Sections 401(a)(11) and 417 of the Code. 5.4 No Duty to Inquire. The Trustee shall have no right or duty to inquire into the amount of any contribution made by the Employer or the method used in determining the amount of any such contribution, or to collect the same, but the Trustee shall be accountable only for funds actually received by it. 10 \388024\2 -# 507616 v4 ARTICLE VI PARTICIPANTS' ACCOUNTS AND ALLOCATION OFCONTRIBUTIONS 6.1 Common Fund. The assets of the Trust shall constitute a common fund in which each Participant shall have an undivided interest. 6.2 Establishment of Accounts. The Plan Administrator shall establish and maintain with respect to each Participant such accounts as necessary to reflect the Participant's interest in the Trust Fund with respect to contributions made by the Employer, the Employee and a Rollover Contribution Account to reflect the Participant's interest in the Trust Fund with respect to employer, employee and rollover contributions. The Plan Administrator may establish such additional accounts as are necessary to reflect a Participant's interest in the Trust Fund. 6.3 Interests of Participants. The interest of a Participant in the Trust Fund shall be the balance remaining from time to time in his Account after making the adjustments required in Section 6.4. 6.4 Adjustments to Accounts. Subject to the provisions of Section 6.5, a Participant's Account shall be adjusted from time to time as follows: (a)As of each Valuation Date, each of a Participant's Accounts shall be credited or charged, as the case may be, with a share of the earnings of the Trust Fund for the Valuation Period ending with such current Valuation Date as follows: (1)As of each Valuation Date, any portion of the Participant's Accounts that is invested in a Pooled Investment Fund established under ArticleXIshall be credited or charged, as the case may be, with a share of the earnings of such Pooled Investment Fund for the Valuation Period ending with such current Valuation Date. Each Participant's share of the earnings of a Pooled Investment Fund for any Valuation Period shall be determined by the Plan Administrator on a weighted average basis, so that each Participant with a balance in such Pooled Investment Fund shall receive a pro- rata share of the earnings of such Pooled Investment Fund, taking into account the period of time that each dollar invested in such Pooled Investment Fund has been so invested. (2)As of each Valuation Date, the portion of the Participant's Accounts that is invested in each Segregated Investment Fund established under Article XI shall be credited or charged, as the case may be, with the earnings attributable to the Participant's investment in such Segregated 11 \388024\2 -# 507616 v4 Investment Fund for the Valuation Period ending with such current Valuation Date. (b)Each Participant's Accounts shall be credited with contributions made during the Plan Year, as follows: (1)As of each Valuation Date that is the last day of the Plan Year, or at such other times as determined by the Employer, the Employer Contribution Account of a Participant shall be credited with his share of the contribution made by the Employer with respect to the Plan Year ending with such ValuationDate. A Participant's share of the amount of the contribution for the Plan Year shall be determined pursuant to the provisions of Article V. (2)As of each Valuation Date, the Rollover Contribution Account of a Participant shall be credited with the Rollover Contributions, if any, made by the Participant pursuant to Article V. (c)As of each Valuation Date, each Account of a Participant shall be charged with the amount of any distribution made to the Participant or his beneficiary from such Account during the Valuation Period ending with such Valuation Date. (d)For purposes of all computations required by this Article VI, the cash method of accounting shall be used, and the Trust Fund and the assets thereof shall be valued at their fair market value as of each Valuation Date. The Plan Administrator may adopt such additional accounting procedures as are necessary to accurately reflect each Participant's interest in the Trust Fund, which procedures shall be effective upon approval by the Employer. All such procedures shall be applied in a consistent, nondiscriminatory manner. 6.5 Limitation on Allocation of Contributions. (a)Notwithstanding anything contained in this Plan to the contrary, the aggregate Annual Additions to a Participant's Accounts under this Plan and under anyother defined contribution plans maintained by the Employer for any Limitation Year shall not exceed the lesser of: the limitation under Code Section 415(c), $40,000, as adjusted for increases in the cost-of-living under Code Section 415(d) of the Code, or 100% of the Participant's Code Section 415(c)(3) compensation for such Limitation Year. (b)In the event that the Annual Additions, under the normal administration of the Plan, would otherwise exceed the limits set forth above for any Participant, or in theevent that any Participant participates in both a defined benefit plan and a defined contribution plan maintained by the Employer and the aggregate annual additions to and projected benefits under all of such plans, 12 \388024\2 -# 507616 v4 under the normal administration of suchplans, would otherwise exceed the limits provided by law, then the Plan Administrator shall take such actions, applied in a uniform and nondiscriminatory manner, as will keep the annual additions and projected benefits for such Participant from exceeding the applicable limits provided by law. Adjustments shall be made to other plans, if necessary to comply with such limits, before any adjustments may be made to this Plan. 13 \388024\2 -# 507616 v4 ARTICLE VII BENEFITS UNDER THE PLAN 7.1 Retirement Benefit. (a)A Participant shall be entitled to a normal retirement benefit upon such Participant's Normal Retirement Date. (b)Except as provided in Sections 8.8 and 8.9 of this Plan, until a Participant actually terminates from the employ of the Employer, he shall not receive a distribution and he shall continue to be treated in all respects as a Participant. (c)Upon the retirement of a Participant as provided in 7.1(a) and subject to adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at the time and in the manner described in Article VIII, a retirement benefit in an amount equal to 100% of the balance in his Accounts as of the Valuation Date concurring with or preceding the date of his retirement, plus the amount of any contributions allocated subsequent to such Valuation Date. 7.2 Termination of Employment Benefit. In the event a Participant's employment with his Employer is terminated for reasons other than retirement, and subject to adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at the time and in the manner described in Article VIII, a termination of employment benefit in an amount equal to the balance in his Account as of the Valuation Date concurring with or preceding the date of the distribution, plus the amount of any contributions allocated subsequent to such Valuation Date. 7.3 Death Benefit (a)In the event of the death of a Participant and subject to adjustment as provided in Section 8.4, his beneficiary shall be entitled to receive, at the time and in the manner described in Article VIII, a death Benefit in an amount equal to 100% of the balance in his Account as of the Valuation Date concurring with or preceding the date of his death, plus the amount of any contributions allocated subsequent to such Valuation Date. (b)At any time and from time to time, each Participant shall have the unrestricted right to designate a beneficiary to receive his death benefit and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Plan Administrator, signed by the Participant and bearing the signature of a witness to his signature. In the event that a Participant has not designated a beneficiary or beneficiaries, or if for any reason such designation shall belegally ineffective, or if such beneficiary or beneficiaries shall predecease the Participant, then the personal representative of the estate of such Participant shall be deemed to be the beneficiary designated to receive such death benefit, or if no personal representative is appointed for the estate of 14 \388024\2 -# 507616 v4 such Participant, then his next of kin under the statute of descent and distribution of the state in which such Participant's domicile at the date of his death shall be deemed to be the beneficiary or beneficiaries to receive such death benefit. 15 \388024\2 -# 507616 v4 ARTICLE VIII FORM AND PAYMENT OF BENEFITS 8.1 Timing and Form. (a)(1)Except as otherwise provided in this Article VIII, the amount of the retirement or death benefit to which a Participant is entitled under Sections 7.1 and 7.3 shall be paid to him or, in the case of a death benefit, shall be paid to said Participant's beneficiary or beneficiaries as soon as practicable following the Participant's actual retirement following his Normal Retirement Date or death, as thecase may be. (2)The amount of the termination of employment benefit to which a Participant is entitled under Section 7.2 shall be paid to him as soon as practicable following his termination of employment. (3)Notwithstanding paragraphs (a)(1) and (a)(2), above, a Participant may elect to defer the distribution of his benefit until any subsequent date elected by the Participant in writing pursuant to such procedures as the Plan Administrator may adopt, but in no event later than the date described in 8.1(b). (b)(1)Effective January 1, 2003, all distributions from the Plan will be determined and made in accordance with the Treasury Regulations under Section 401(a)(9) of the Code and shall take precedence over any inconsistent provisions of the Plan. Any distribution paid to a Participant (or, in the case of a death benefit, to his beneficiary or beneficiaries) shall commence not later than: (i)April 1 of the year following the calendar year in which the Participant retires on or after his Normal RetirementDate; or (ii)April 1 of the year immediately following the calendar year in which the Participant reaches age 70½. (2)Time and Manner of Distribution. (A)Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (i)If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then,except as provided in Section 8.1(b)(2)(A)(v), distributions to the surviving spouse will begin by December 31 of the calendar 16 \388024\2 -# 507616 v4 year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70½, if later. (ii)If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, except as provided in Section 8.1(b)(2)(A)(v), distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (iii)If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest willbe distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (iv)If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, Section 8.1(b)(2)(A), other than Section 8.1(b)(2)(A)(i), will apply as if the surviving spouse were the Participant. (v)Participants or Beneficiaries may elect on an individual basis whether the 5-year ruleor the life expectancy rule in this Section 8.1(b)(2)(A) and Section 8.1(b)(4) applies to distributions after the death of a Participant who has a designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under this Section 8.1(b)(2)(A), or by September 30 of the calendar year which contains the fifth anniversary of the Participant's (or, if applicable, surviving spouse's) death. If neither the Participant nor Beneficiary makes an election under this paragraph, distributions will be made in accordance with this Section 8.1(b)(2)(A) and Section 8.1(b) (4) below. For purposes of this Section 8.1(b)(2)(A) and Section 8.1(b)(4), unless 8.1(b)(2)(A)(iv) applies, distributions are considered to begin on the Participant's required beginning date. If Section 8.1(b)(2)(A)(iv) above applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.1(b)(2)(A)(i) above. If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under 17 \388024\2 -# 507616 v4 Section 8.1(b)(2)(A)(i), the date distributions are considered to begin is the date distributions actually commence. (B)Forms of Distribution.Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 8.1(b)(3) and 8.1(b)(4). If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and the Treasury Regulations thereunder. (3)Required Minimum Distributions During Participant's Lifetime. (A)Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (i)the quotient obtained by dividing the Participant's account balance by the distribution period in the Uniform Lifetime Table set forth in Treasury Regulations Section 1.401(a)(9)-9, using the Participant's age as of the Participant's birthday in the distribution calendar year; or (ii)if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forthin Treasury Regulations Section 1.401(a)(9)-9, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. (B)Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 8.1(b)(3) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. (4)Required Minimum Distributions After Participant's Death. (A)Death On or After Date Distributions Begin. 18 \388024\2 -# 507616 v4 (i)Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated Beneficiary, determined as follows: (1)The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (2)If the Participant's surviving spouse is the Participant's sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (3)If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (ii)No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the Participant's remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (B)Death Before Date Distributions Begin. 19 \388024\2 -# 507616 v4 (i)Participant Survived by Designated Beneficiary. Except as provided in Section 8.1(b)(2)(A)(v) above, if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 8.1(b)(4)(A) above. (ii)No Designated Beneficiary. If theParticipant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 ofthe calendar year containing the fifth anniversary of the Participant's death. (iii)Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 8.1(b)(2)(A)(i) above, this Section 4 will apply as if the surviving spouse were the Participant. (5)Definitions. (A)Designated Beneficiary.The individual who is designated as the Beneficiary under the Plan and is the designated Beneficiary under Code Section 401(a)(9) and Treasury Regulations Section 1.401(a)(9)-1, Q&A-4 of the Code. (B)Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately proceeding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 8.1(b) 2 above. The requiredminimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year 20 \388024\2 -# 507616 v4 in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. (C)Life expectancy. Life expectancy as computed by use of the Single Life Table in Treasury Regulations Section 1.401(a)(9)-9 of the Code. (D)Participant's Account balance. The Account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. (c)With respect to distributions under the Plan made for the 2002 calendar year, the Plan will apply the minimum distribution requirements of Section 401(a)(9) of the Code in accordance with the regulations under Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. 8.2 Manner of Payment. (a)A Participant's retirement, death or termination of employment benefit may be paid in one of the following optional forms as elected by the Participant, or in the case ofa death benefit, by the Participant's beneficiary or beneficiaries. The optional forms are as follows: (1)A lump sum payment. (2)Monthly, quarterly or annual installments over a fixed period of time, not exceeding the life of the Participant or the joint life and last survivor expectancy of the Participant and his designated beneficiary. (b)A Participant or his beneficiary may elect to receive the payment of any part or all of the unpaid installments under paragraph 8.2(a)(2) above in a lump sum, in accordance with rules and regulations promulgated by the Plan Administrator (and in accordance with the Code). (c)Each Participant shall have the right to designate a beneficiary for purposes of the optional form of benefit payment described in paragraph 8.2(a)(2) above and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Employer and shall be effective upon filing with the Employer. 21 \388024\2 -# 507616 v4 (d)In the case of a retirement or termination of employment benefit, in noevent shall payment extend beyond the life or life expectancy of the Participant or the joint lives or life expectancies of the Participant and his designated beneficiary. If the Participant dies before receiving the entire amount payable to him, the balance shall be distributed to his designated beneficiary at least as rapidly as under the method being used prior to the Participant's death. (e)In the case of a death benefit, payment (1)to the designated beneficiary shall begin within one year following the Participant's death (unless the designated beneficiary is the Participant's spouse, in which case such benefit shall begin no later than the date the Participant would have reached 70½) and shall not, in any event, extend beyond the life or life expectancy of the designated beneficiary; or (2)to any other beneficiary shall be totally distributed within five years from the date of the Participant's death. 8.3 Lump Sum Payment. Notwithstanding anything contained in this Plan to the contrary, any benefit payable underthe Plan, which is not more than $1,000, including such Participant’s Rollover Contributions Account, shall be paid in a lump sum as soon as practicable following the Participant's termination of employment. 8.4 Periodic Adjustments. To the extent the balance of a Participant's Accounts has not been distributed and remains in the Plan, and notwithstanding anything contained in the Plan to the contrary, the value of such remaining balance shall share in allocations of the income (or loss) of the Trust Fund pursuant to the provisions of Article VI. 8.5 Location of Participant or Beneficiary Unknown. In the event that all, or any portion of the distribution payable to a Participant or his beneficiary, hereunder shall remain unpaid after five (5) Plan Years solely byreason of the inability of the Plan Administrator, after sending a registered letter, return receipt requested, to the last known address, and after further diligent effort, to ascertain the whereabouts of such Participant or his beneficiary, the amount so distributable shall be treated as a forfeiture. In the event a Participant or beneficiary of such Participant is located subsequent to his benefit being reallocated, such benefit shall be restored by an additional contribution by the Employer. 8.6 Transferto Other Qualified Plans. The Trustee, upon written direction by the Plan Administrator, shall transfer some or all of the assets held under the Trust to another plan or trust meeting the requirements of the Code relating to qualified plans and trust, whether such transfer is made pursuant to a merger or consolidation of this Plan with such other plan or trust or for any other allowable purpose. 22 \388024\2 -# 507616 v4 8.7 Direct Rollovers. (a)Notwithstanding any provisions of the Plan to the contrary that would otherwise limit a distributee's (as defined below) election under this paragraph, a distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution (as defined below) paid directly to an eligible retirement plan (as defined below) specified by the distributee in a direct rollover (as defined below). (b)For purposes of this paragraph, the following terms shall have the following meanings: (1)An "eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made forthe life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code, and the portion of any distribution that is not included in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2)An "eligible retirement plan" is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) or 403(b) of the Code, a deferred compensation plan under Section 457 (b) of the Code or a qualified trust described in Section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3)A "distributee" includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4)A "direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributee. 23 \388024\2 -# 507616 v4 8.8 Withdrawals from Rollover Contribution Accounts. A Participant, while still employed, may request a withdrawal of all or a portion of his Rollover Contributions Account at any time. 8.9 Withdrawals from Employer and Employee Mandatory Contribution Accounts. A Participant whohas reached age 59½ may request a withdrawal of all or a portion of his Employer Contributions Account and/or his Employee Mandatory Contributions Accounts at any time. 24 \388024\2 -# 507616 v4 ARTICLE IX TRUST FUND AND EXPENSES OF ADMINISTRATION 9.1 Name of Trustee. The Trust Fund shall beheld by the Trustee, or by a successor trustee or trustees, for use in accordance with the Plan under the Trust Agreement. The Trust Agreement may from time to time be amended in the manner therein provided. Similarly, the Trustee may be changed from time to time in the manner provided in the Trust Agreement. 9.2 Expenses of Administration. (a)(1)The assets of the Trust Fund may be used to pay all expenses of the administration of the Plan and the Trust Fund, including the Trustee's compensation,the compensation of any investment manager, the expense incurred by the Plan Administrator in discharging its duties, all income or other taxes of any kind whatsoever that may be levied or assessed under existing or future laws upon or in respect of the Trust Fund, and any interest that may be payable on money borrowed by the Trustee for the purpose of the Trust. (2)The Employer may pay the expenses of the Plan and the Trust Fund. Any such payment by the Employer shall not be deemed a contribution to this Plan. (b)Notwithstanding anything contained herein to the contrary, no excise tax or other liability imposed upon the Trustee, the Plan Administrator or any other person for failure to comply with the provisions of any federal law shall be subject to payment or reimbursement from the assets of the Trust. (c)For its services, any corporate Trustee shall be entitled to receive reasonable compensation in accordance with its rate schedule in effect from time to time for the handling of a Trust. Any individual Trustee shall be entitled to such compensation as shall be arranged between the Employer and the Trustee by separate instrument; provided, however, that no person who is already receiving full-time pay from the Employer shall receive compensation from the Trust Fund (except for the reimbursement of expenses properly and actually incurred). 25 \388024\2 -# 507616 v4 ARTICLE X AMENDMENT AND TERMINATION 10.1 Restrictions on Amendment and Termination of Plan. It is the present intention of the Employer to maintain the Plan set forth herein indefinitely. Nevertheless, the Employer specifically reserves to itself the right at any time, and from time to time, to amend or terminate this Plan in whole or in part; provided, however, that no such amendment: (a)shall have the effect of vesting in the Employer, directly or indirectly, any interest, ownership or control in any of the present or subsequent funds held subject to the terms of the Trust Agreement; (b)shall cause or permit any property held subject to the terms of the Trust Agreement to be diverted to purposes other than the exclusive benefit of the Participants and their beneficiaries or for the administrative expenses of the Plan Administrator and the Trust; (c)shall reduce the then vested interest of a Participant; (d)shall reduce the Account of any Participant; or (e)shall increase the duties or liabilities of the Trustee without its written consent. 10.2 Amendment of Plan. Subject to the limitations stated in Section 10.1, the Employer shall have the power to amend this Plan in any manner that it deems desirable, and, not in limitation but in amplification of the foregoing, it shall have the right to change or modify the method of allocation of contributions hereunder, to change any provision relating to the administration of this Plan and to change any provision relating to the distribution or payment, or both, of any of the assets of the Trust. 10.3 Termination of Plan. The Employer, in its sole and absolute discretion, may terminate this Plan and the Trust, completely or partially, at any time without any liability whatsoever for such complete or partial termination. In any of such events, the affected Participants, notwithstanding any other provisions of this Plan, shall have fully vested interests in the amounts credited to their respective Accounts at the time of such complete or partial termination of this Plan and the Trust. All such vested interests shall be nonforfeitable. 10.4 Termination Procedure. In the event the Employer decides to terminate this Plan and the Trust, after payment of all expenses and proportionaladjustments of individual Accounts to reflect such expenses and other changes in the value of the Trust Fund as of the date of termination, each affected Participant (or the beneficiary of any such Participant) shall then be entitled to receive any amountthen credited to his Account in accordance with the form of payment prescribed by Article VIII. 26 \388024\2 -# 507616 v4 ARTICLE XI PARTICIPANT DIRECTION OF ACCOUNT INVESTMENT 11.1 Participant Directed Investments. On the commencement of his participation in the Plan, each Participant shalldirect the Trustee to invest his Accounts in one or more Directed Investment Funds made available by the Plan Administrator from time to time. The Plan Administrator may provide each of the Directed Investment Funds made available to Participants throughshares of one or more investment companies or mutual funds, segregated accounts invested in one or more of savings or notice accounts, deposits in or certificates issued by a bank, insurance, annuity or other investment contracts, or other appropriate investment vehicles. 11.2 Election Procedures. Except as may be otherwise provided by the Trust Agreement or by any contract enteredinto by the Trustee or the Plan Administrator with an investment manager appointed to manage all or any portion of the assets of the Plan, each Participant's directed investment elections shall be made in writing upon his commencement of participation in the Plan. (a)A Participant shall designate the percentage of the balances of his Accounts and future contributions to his Accounts tobe allocated to any Directed Investment Fund. (b)Subject to Section 11.2(c), a Participant may revise his election effective as of the first day of each Valuation Period. The Participant's revised election shall be effective for contributions made to the Plan after the effective date of such revision, and may be effective for the investment of balances previously allocated and remaining credited to a Participant's Accounts. Any revised election with respect to future contributions shall be subject to the percentage limitations established by the Plan Administrator pursuant to Section 11.2(a). If required by the Plan Administrator, any revised election with respect to existing Account balances shall specify the specific percentage, or dollar amount, of each Account to be transferred between Directed Investment Funds. (c)The Trustee shall make requested investments on behalf of each Participant within a reasonable period after the receipt of directions from the Plan Administrator or the Participant. 11.3 Failure to Designate. If a Participant does not specifically designate the initial investments for all of his Accounts at the time he becomes a Participant in the Plan, his Accounts shall be invested in a stable value fund offered as one of the Directed Investment Funds available to Participants until such time as he makes his initial designation regarding his investments. 11.4 Charges and Credits. A Participant's Accounts shall be divided into sub-accounts to properly account for the Directed Investment Funds in which such Accounts are invested. Each sub-account shall be adjusted as of each Valuation Date in accordance with Article VI for purposes of (a) crediting dividends, interest, and other 27 \388024\2 -# 507616 v4 income on the investments in a particular Directed Investment Fund, as well as all realized and unrealized gains credited to that fund, and (b) charging individually allocable expenses in connection with the investments in a particular Directed Investment Fund, as well as all realized and unrealized losses charged to that fund. Other charges or fees separately incurred and not charged to a Directed Investment Fund, and incurred as a result of an election made by a Participant associated with the investment of his Accounts, shall be charged against his Accounts in accordance with ArticleVI. 11.5 Procedures. The Plan Administrator shall establish procedures regarding Participant investment direction as are necessary, which procedures shall be communicated to all Participants and applied in a uniform, nondiscriminatory manner. 28 \388024\2 -# 507616 v4 ARTICLE XII MISCELLANEOUS 12.1 Alienation. No Participant or beneficiary of a Participant shall have any right to assign, transfer, appropriate, encumber, commute, anticipate or otherwise alienate his interest in this Plan or the Trust or any payments to be made thereunder; no benefits, payments, rights or interests of a Participant or beneficiary of a Participant of any kind or nature shall be in any way subject to legal process to levy upon, garnish or attach the same for payment of any claim against the Participant or beneficiary of a Participant; and no Participant or beneficiary of a Participant shall have any right of any kind whatsoever with respect to the Trust, or any estate or interest therein, or with respect to any other property or right, other than the right to receive such distributions as are lawfully made out of the Trust, as and when the same respectively are due and payable under the terms of this Plan and the Trust. 12.2 Governing Law. This Plan shall be administered, construed and enforced according to the laws of the State of Florida, except to the extent such laws have been expressly preempted by federal law. 12.3 Gender. Throughout this Plan, and whenever appropriate, the masculine gender shall be deemed to include the feminine and neuter; the singular, the plural; and vice versa. 12.4 Forfeiture of Benefits for Specified Offenses. (a)Notwithstanding anything to the contrary, any Participant who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this Plan, except for the return of his Rollover Contribution Account as of the date of termination. Specified offenses are as follows: (1)The committing, aiding or abetting of an embezzlement of public funds; (2)The committing, aiding or abetting of any theft from the Employer; (3)Bribery in connection with the employment of a public officer or employee; (4)Any felony specified in Chapter 838,Florida Statutes (except §838.15 and §838.16); (5)The committing of an impeachable offense; (6)The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive 29 \388024\2 -# 507616 v4 the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of thepower, rights, privileges, duties or position of his public office or employment position. (7)Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. (b)Prior to forfeiture, the Plan Administrator shall hold a hearing on which notice shall be given to the Participant whose benefits are being considered for forfeiture. Said Participant shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Participant shall be afforded a full opportunity to present his case against forfeiture. (c)Amounts forfeited from a Participant's Account under this Section 12.4 shall be used to reduce future Employer contributions. 12.5 Claims Procedures. (a)Claims for benefits under the Plan may be made by a Participant or a beneficiary of a Participant on forms supplied by the Plan Administrator. Written notice of the disposition of a claim shall be furnished to the claimant by the Plan Administrator within ninety (90) days after the application is filed with the Plan Administrator, unless special circumstances require an extension of time for processing, in which eventaction shall be taken as soon as possible, but not later than one hundred eighty (180) days after the application is filed with the Plan Administrator; and, in the event that no action has been taken within such ninety (90) or one hundred eighty (180) dayperiod, the claim shall be deemed to be denied for the purposes of Section 12.5(b). In the event that the claim is denied, the denial shall be written in a manner calculated to be understood by the claimant and shall include the specific reasons for the denial, specific references to pertinent Plan provisions on which the denial is based, a description of the material information, if any, necessary for the claimant to perfect the claim, an explanation of why such material information is necessary and an explanation of the claim review procedure. (b)If a claim is denied (either in the form of a written denial or by the failure of the Plan Administrator, within the required time period, to notify the claimant of the action taken), a claimant or his duly authorized representative shall have sixty (60) days after the receipt of such denial to petition the Plan Administrator in writing for a full and fair review of the denial, during which time 30 \388024\2 -# 507616 v4 the claimant or his duly authorized representative shall have the rightto review pertinent documents and to submit issues and comments in writing. The Plan Administrator shall promptly review the claim and shall make a decision not later than sixty (60) days after receipt of the request for review, unless special circumstances require an extension of time for processing, in which event a decision shall be rendered as soon as possible, but not later than one hundred twenty (120) days after the receipt of the request for review. If such an extension is required because of special circumstances, written notice of the extension shall be furnished to the claimant prior to the commencement of the extension. The decision of the review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the Plan provisions on which the decision is based. 31 \388024\2 -# 507616 v4 ARTICLE XIII LOANS TO PARTICIPANTS 13.1 Availability of Loans. (a)The Plan Administrator, in accordance with its uniform nondiscriminatory policy, may direct the Trustee, upon application of a Participant who is actively employed by the Employer, to make a loan to such Participant out of his vested Accounts upon application of the Participant based upon the Participant’s immediate and heavy financial need (which shall be limited to the criteria set forth in paragraph (e) below). Any such loan to a Participant shall be considered a Participant directed investment under Article XI and without limitation shall be subject to the provisions of Article XI. (b)All loans must be requested in writing on an application approved by the Plan Administrator and signed by the Participant. The Employer must review and approve the application. (c)The amount advanced, when added to the outstanding balance of all other loans to the Participant from this Plan or any other qualified retirement plan adopted by the Employer, may not exceed the lesser of: (1)$50,000, reduced by the excess, if any, of: (A)the highest outstanding balance of all loans made from the Plan to that applicant during the one year period ending on the day before the date on which the loan is made, reduced by (B)the outstanding balance of all loans from the Plan to that applicant on the date on which the loan is made, or (2)50% of the vested balance of the Participant’s Accounts. (d)The minimum amount that may be borrowed by the Participant shall be$1,000.00. (e)A loan will be authorized only in the event of an immediate and heavy financial need. An immediate and heavy financial need shall be deemed to include: (1)expenses ofmedical care (as defined in Section 213(d) of the Code) incurred by the Participant or his spouse or other dependents (as defined in Section 152 of the Code) or necessary for such persons to obtain such medical care, (2)payments (other than mortgage payments) directly related to the purchase of the Participant’s principal residence, 32 \388024\2 -# 507616 v4 (3)payment of tuition and related educational fees for the next 12 months of post-secondary education for the Participant or his spouse, children or other dependents, (4)payments necessary to prevent the eviction of the Participant from his principal residence or the foreclosure on the mortgage of such residence, or (5)such other events as may be prescribed by the Commissioner of the Internal Revenue Service in revenue rulings, notices and other documents of general applicability. (f)Only one loan may be outstanding at any time. After a loan has beenfully repaid, a new loan may not be made to the borrower for at least 30 days after the final payment has been made with respect to the prior loan. (g)Notwithstanding the foregoing, no Participant shall be entitled to borrow an amount that the Plan Administrator determines could not be adequately secured by the portion of such Participant’s Accounts that is permitted to be held as security pursuant to applicable Department of Labor Regulations. (h)Any out-of-pocket legal and administrative costs incurred by the Trustee as a result of a loan, or application for a loan, shall be paid by the Participant who received or applied for such loan. 13.2 Time and Manner of Repayment. Any loan made under this Article XIII shall be repayable to the Trust at such times and in such manner as may be provided by the Plan Administrator, subject to the following limitations: (a)Each loan shall be secured by 50% of the vested balanceof the Participant in his Accounts. The Plan Administrator shall not accept any other form of security. Each Participant shall agree to have each required loan payment deducted from his pay and remitted to the Trustee. (b)Each loan shall bear interest at a reasonable rate and shall provide for substantially level amortization of principal and interest no less frequently than quarterly. The interest rate charged shall be comparable to the rate charged by commercial lending institutions in the region in which the Employer is located for comparable loans as determined by the Plan Administrator at the time the loan is approved. (c)Each loan shall be repaid within a specified period of time. Such period shall not be less than twelve (12) months, nor shall such period exceed five (5) years, unless the loan is used to acquire the principal residence of the Participant. 13.3 Default. In the event of default, the Trustee, at the direction of the Plan Administrator, may proceed to collect said loan with any legal remedy available, including 33 \388024\2 -# 507616 v4 reducing the amount of any distribution permitted under Article VIII by the amount of any such loan that may be due and owing as of the date of distribution or any other action that may be permitted by law. “Events of Default” shall include any failure to make a payment of principal or interest attributable to the loan when due; failure to perform or to comply with any obligations imposed by any agreement executed by the Borrower securing his loan obligation; and any other conditions or requirements set forth within a promissory note or security agreement that may be required in order to ensure that the terms of the loan are consistent with Commercially reasonable practices. IN WITNESS WHEREOF, this Plan has been executed this ____ day of _________________, 2008 .CITY OF CLEARWATER By: _________________________________ "EMPLOYER" Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-589 Agenda Date: 10/15/2014 Status: Agenda ReadyVersion: 1 File Type: Presentations by outside groups In Control: City Council Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Community Dental Clinic - Steve Heller SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-573 Agenda Date: 10/15/2014 Status: Reported to CouncilVersion: 1 File Type: Presentation by government agency or other group In Control: City Council Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Solid Waste and Recycling Rate Study Presentation - Burton and Associates SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 1 CityofClearwater FY2014SolidWaste& RecyclingRateStudy October15,2014 Presented by: Michael Burton –President Andrew Burnham –Senior Vice President Erick van Malssen –Manager 2 Introduction Agenda Background Key Issues Recommendations Financial Plan Project Team Mike Burton –Project Principal Andy Burnham –Project Director Erick van Malssen –Project Manager Vita Paltridge –Analyst 2 3 Relevant Background: 2011 Rate Study Key Assumptions/Issues: Solid Waste: Included $15M for transfer station (funded from reserves) Dump fee increases of 1.5% / year (Pinellas County Tipping Fees) Recycling: Forecast of revenue from sale of recyclable material: $1M per year Managing negative cash flow and use of reserves Identified plans of annual revenue requirement increases City adopted multi-year plans as recommended 3 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Solid Waste 0.0%0.0%0.0%0.0%0.0% Recycling 3.5%3.5%3.5%3.5%3.5% 4 Current Study Key Issues Solid Waste Revenues and operating expenses compare favorably with prior study Estimated cost of transfer station is higher than prior study ($20M vs. $15M) Issue #1: Proceed with rebuild of transfer station vs. direct haul to landfill Issue #2: Move to once-a-week vs. twice-a-week collection service 4 5 Current Study Key Issues Recycling Combined material from single-stream program has substantially reduced revenue from sale of recyclable material vs. prior study Has resulted in savings on disposal fees for solid waste fund Issue #3: Consider a recycling sorting facility to restore value of material Issue #4: Should recycling and solid waste funds be combined Bottom-line: No changes recommended to previously approved rates for FY 20155 6 Issue #1: Transfer Station Analysis: Estimated cost of$20M for facility, includes direct haul expenses during construction Annual debt service on estimated cost of rebuild = $1.44M Assumed interest rate of 3.5% for 20 years Incremental operating costs of direct haul = $3.3M Additional vehicle purchases: $2.2M Detailed analysis performed relative to man-hours, vehicles, fuel, etc. 6 7 Issue #1: Transfer Station Analysis (continued): Can fund a portion of the transfer station with existing reserves (as contemplated previously) Exact amount dependentupon decisions relative to other key issues Recommendation: Proceed with transfer station rebuild and use portion of reserves to reduce borrowing required 7 8 Issue #2: Once-a-Week vs. Twice-a-Week Analysis: Annual operating cost savings of $408,000 Results in minimal impact to financial performance of the fund and future rate requirements Benefits: Encourages recycling and reduces operating costs Potential issues: Customer concernssuch as odor issues, larger families, seasonality (holidays), etc. Customer outreach and education activities can/would be developed 8 9 Issue #2: Once-a-Week vs. Twice-a-Week Recommendation: Move to once-a-week collection Other considerations, besides financial analysis, should drive decision to convert to once-a-week service 9 10 Issue #3: Recycling Sorting Facility Analysis: Staff provided conservative estimates of: Volume and market prices for sorted material Capital and operating costs for the facility Slight negative impact to financial performance of the fund and future rate requirements ($25K avg. annual shortfall) Key risk considerations/volatility issues: Potential add’l volume from other communities Volatility of market prices for recyclable material 10 11 Issue #3: Recycling Sorting Facility Recommendation: Proceed with construction of sorting facility Decision should be based upon full understanding of the key volatility issues and reflect the risk-tolerance of City Council 11 12 Issue #4: Combining of the Funds Analysis: Reviewed each fund and the other key issues separately to understand impacts under status quo Developed consolidated model to review the impacts/results of each of the key issues Combining the funds mitigates the cash flow issues of the recycling fund and moderates rate adjustment percentages Industry practice: Most are combined, but some are separate City established it as a separate fund initially to demonstrate its viability12 13 Issue #4: Combining of the Funds Recommendation: Consider consolidating the funds given the cross-fund benefits of single-stream recycling to solid waste Could continue to keep separate charges on the bill 13 14 Summary of Recommendations 14 Proceed with rebuild of transfer station Use a portion of reserves to reduce amount of borrowing required Consider once-a-week collection Other considerations, besides financial analysis, should drive decision to convert to once-a-week service 15 Summary of Recommendations 15 Proceed with construction of single-stream sorting facility Decision should be based upon full understanding of the key volatility issues and reflect the risk-tolerance of City Council Consider combining the Recycling & Solid Waste Funds Benefits both funds financially and operationally Residential Monthly Bill Impact: Proceed with previously adopted FY 2015 Rates Next Year: Adopt across-the-board increases of 3.75% 16 Recommended Rate Plan for Combined Fund 16 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Solid Waste 0.00%3.75%3.75%3.75%3.75% Recycling 3.50%3.75%3.75%3.75%3.75% FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Solid Waste $24.86 $25.79 $26.76 $27.76 $28.80 Recycling $2.52 $2.62 $2.72 $2.82 $2.93 Total:$27.38 $28.41 $29.48 $30.58 $31.73 $Increase $0.09 $1.03 $1.07 $1.10 $1.15 17 Financial Plan –Combined Fund 17 3.75% Annual Across-The- Board Increases Single Stream Processing Center Costs Transfer Station Rebuild Costs Borrowing for Transfer Station Sustainable Cash FlowsMaintains Adequate Reserves Savings from Once-a-week collection 18 CityofClearwater FY2014SolidWaste& RecyclingRateStudy October15,2014 Presented by: Michael Burton –President Andrew Burnham –Senior Vice President Erick van Malssen –Manager Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-569 Agenda Date: 10/13/2014 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve establishing a new Capital Improvement Project entitled Recycling Processing Center Expansion and Upgrade (CIP 315-96809) for $1,000,000, to be funded from unappropriated retained earnings of the Recycling Fund, for preliminary site work to include but not limited to geotechnical surveys, land surveys, preliminary design, and equipment needed for the new Recycling Processing facility. (consent) SUMMARY: In October 2013, the City of Clearwater converted residential recycling collection from manual collection of 18 gallon bins to automated collection using 96 gallon carts. This change has allowed our residents to continue recycling everything they had always recycled while adding cardboard, glass, and cartons (gable top and aseptic containers) to the mix. The first twelve months of the expanded residential program (October 2013 through September 2014) has seen an average monthly collection increase from 160 tons/month to 440 tons/month. This project will provide for the expansion of the recycling processing center and the addition of processing equipment. The expansion is necessary for the increased volumes of recyclables and the processing equipment necessary to separate the co-mingled materials for market, because separated materials bring a substantially higher market price than co-mingled materials. After preliminary designs and surveys are completed, the department will present to Council a total cost for the project. The total cost of the project is expected to be in the range of $3 million to $4 million. APPROPRIATION CODE AND AMOUNT: 0-426-00000-389902 Unappropriated Retained Earnings USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-518 Agenda Date: 10/13/2014 Status: City Manager ReportVersion: 2 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Appoint a member to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. SUMMARY: Due to a procedural error at the October 2, 2014 council meeting, Council must rehear this item. APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 and 1 alternate CHAIRPERSON: Frank Dame MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE. 1. Donald van Weezel - 1290 Gulf Blvd., #1408, 33767 - Consultant/BA Economics & Business Original Appointment: 12/14/11 Resigned - (was serving 1st term to expire 2/28/17) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. David E. Allbritton - 217 Palm Island N.W., 33767 - Building Contractor 2. Christopher Anuszkiewicz - 1007 Mandalay Ave., 33767 - Landscape Architect (Currently serving on the MCEB) 3. Sheila Cole - 670 Island Way #600, 33767 - Marketing & Graphics Page 1 City of Clearwater Printed on 10/14/2014 File Number: ID#14-518 (Currently serving on the MCEB) 4. Cheryl Hopler - 1340 Gulf Blvd., Unit 15C, 33767 - Realtor/Broker Assoc. 5. David L. Jaye - 2856 Shady Oak Court, 33761 - Bus. Owner (Currently serving on the Brownfields) 6. Jason Gibertoni - 430 E. Shore Drive, Apt. 4, 33767 - Shuttle Operator Zip codes of current members: 2 at 33755, 1 at 33759, 1 at 33761, 1 at 33763, 1 at 33764 and 1 at 33767 Current Categories: 1 Architect 1 Attorney 2 Civil Engineers 1 Real Estate Broker 1 Retired Business Mgt. 1 Self Employed: Investor, Yacht Broker - BS Finance and Marketing Page 2 City of Clearwater Printed on 10/14/2014 k 5T 00s1 t1Rs rit-czr Additional Comments: Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Home Addr Z 1c 4• I 1 txi L- zip 33-7 67 Telephone:-123 (5 1 - 51 Cell Phone: I I Office Address: To 3 (r ij1 - Sr' GLE -Li I, , zip 3375 Telephone: `4 B j 51 OZ E -mail Address:CG thi k-4- 19'So a i1L1 How long a resident of Clearwater? L4 / ` Occupation: J3) i iiX 1 (-1 ( "i P .. Employer: 1)00 /lulu/1764 Bou3n1G, IZ J Field of Education: Other Work Experience: 1r3 10L O6y — CiDct Fb£ C S,itx r) - t--( y es If retired, former occupation: Community Activities:l__LS t,J&r?L (4i si 2tcA -L $t t I 'a) oet Cc n2 s S tv,c s . J (J2t 5P>%r T23/t) c Other Interests: 1/M91-WS tM I1 &AL. ; lCLt q-rl -t'c it J 1449 • cof ti , fit, R,2, . J Pam• cGeigiveGAS terFat- O ru)N r u Etie,c3 - r Board Service (current and past): CS) . rN re, 2dem) ( NA-4V n.00 - 11210) OEVE.Loavtqw r ( Board Preference: Signature: Date: z-1 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. 0. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits RECEIVED Declaration of Domicile filed with the city clerk affirming residency within city limits SEP 12 2014 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? U 9-1C-s3 g e_dv APPtdLe_ti- t-01 as t a-n.. D cD i gbh . a. i f 1.1.. G[ A) I ( i r-j c-Oco ErDP ,‘) -r— C0 cblc ple,avy 615% Q C)6-c.( c.t / ') T 0_f rq . 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 44 6 E SerA fLt css 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? 1 1 1'r% G r J (o P&p cic.,SS . Name: C 11(7 t-17.Lr>Pi Board Name: O&M rv 0 10 t Lp M 1J w dtriV9 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Chris o h rJ Anuszkiewicz Home Address: 1007 Mandalay Ave Cl2E-ylater, Telephone: (727) 442-2731 Cell Phone._ (239) 272-7157 Office Address: 3000 Gulf to Bay Blvd, Suite 301 Clearwater, FL Zip 33759 Telephone: (727) 726-6124 E-mail Address: chrisplacemakerdesignstudio.com How long a resident of Clearwater? Moved to Clearwater in 1996 Occupation: Landscape Architect Employer: PlaceMaker Design Studio. LLC Field of Education. MBA, University of Florida B.A. Landscape Architecture, University of Florida If retired, former occupation: MA Community Activities: Munici -al Code Enforcement Board Other Work Experience: HHPR (Portland, Oregon), WilsonMiller, Walt Disney World Other Interests: Runninq, swimming, biking, rjardening, tirne with family. Board Service (current and past): Board Preference: Municipal Code Enforcement Board (Current) Community Development Board Additional Cot s: Owner of Landscape Architecture I Urban Design Firm located in Clearwater Florida. Signature: Date: 9/5/2015 See attached 1st for bos th. quire financial disclosure at time of appointment. Please return this application and board questionnaire to the !dal Records & Legislative Services Department, P. 0, Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue, Note: For boards resuirin, Clearwater residenc this a one of the following' Current voter registration within city limits cValidcurrentFloridaDrivers' License issued to an address within city limit s EIVEDRE Declaration of Domicile filed with the city clerk affirming residency within city H in i s SEP 0 8 2014 1 lication must beaccorn,anied b a c OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? Advises council on City's Comp Plan, design reviews, historic applications. rezone requests, and land use plan Have you ever observed a board meeting either in person or on (}-View, the City's TV station? Yes. 3. What background and/or qualifications do you have that you feel would qV8]if« you to serve on this Board? ienoe|nbunnoaa.urbande land architecture, master *k»mninand werni\Un vvlh r 4. Why do you want to serve on this Board? a ocal busines wner and resident who wishes to be more invo ved in the community. . |vavefnrh environment looks, feels, and is built and I believe my backgiound would be a good addition to the board. Name: ChhstopherJAnuuJkewycz Board Name: community Development Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: Sheila Cole Home Address: Office Address: 670 Island Way #600 Same as home Clearwater Telephone: 727A41.1319 Cell Phone: 727. 744.0151 E- mail: SheMail @tampabay.rr.com How long a resident of Clearwater? 224 years Occupation: Marketing, Web & Graphic Design_ Employer Self Field of Education: Marketing, Journalism, Behavor'ral Science, Art. Other Work Experience: Executive. Director Chamber of Commerce, Operations Mgr. &H.R. for Suncruz Casinos, Group Motivator in Behavioral Science for tri state Weight Loss Program, Hospice Volunteer Coordinator , Motel Owner/Mgr., If retired, former occupation: retired as Exec. Dir. from Chamber of Commerce. Community Activities: Civic Assoc. Pres., Coalition of Homeowners Pres. Condo Assoc. Board, Zip 33767 DEP Zip Telephone: 727.744.0151 E -mail Address: info@relativegrafx.com C.H.S Youth Motivator, Founding member: Clearwater Arts Foundation & Clearwater Beach C of C, Coordinator of Christmas Boat Parade, Served (ing) on City Beautification & Code Boards as well as several task force groups. Volunteer for several religious and charitable orgs. Other Interests: Duplicate Bridge, Hockey, Books, Local Politics. Board Service (current and past): Board Preference: Beautification Community Development Municipal Code Enforcement MCE Additional Comments: I continue to serve my City as a volunteer and hope to do so for many more years. It's my way to help maintain our quality of life. Signature: Date: November 1, 2011 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. 0. 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? The CDB handles matters related to planning and development. Conducts public hearings and decides certain development requests that are not within discretion of city staff. Conducts design review, evaluates historic applications, reviews requests for land use plan changes and rezoning and serves as Local Planning Agency to review and advise Council on the City's Comprehensive Plan. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, to both, many times. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? My Municipal Code Board experience gives me familiarity with our codes. Having served on both the City Beautification Board and having led the City's original Arts Council I have an eye to the esthetics of form and space. I have been active in redevelopment issues and consider myself a visionary who considers the long term cause and effect of decisions. I am the kind of person who does their 'homework', looks at all sides of an issue and tries to resolve differences in a manner that is acceptable to all parties. 4. Why do you want to serve on this Board? I feel I will be an asset to my City by helping to maintain the high standards it espouses. Name: Sheila Cole Board Name: Community Development Board CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: 711-/k-itYL i Pt % 1---- Home Address: Office Address: L/O 6w-( 8L ,/p 0(w-it/AA I, G-( Oatf' cc- ("I-- Zip .x33 7 7 7 t L Zip -33 7' 7 Telephone: -12-7– % -- 3 8 ° Telephone: 7 Z:7 — % 3 a 3 e) Cell Phone: '7 7 -i c 1 Sf Email Address: C, /-Pry 7 j'Yr'6k How long a resident of Cleannra,ter.1/ Occupation: Ce Employer: C4Pih r,i 2.7 . l-/ 644 f C Field of Education: Other Work Experience: l t err! J r-t°+l' ``_71t Kcc- eA If retired, former occupation: V p 7 Community Activities: Other Interests: f-7//_ ' Board Service (current and past): Board Preference: 8 Additional Comments: e Signed: L. i i j { Date: r 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, ordrop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits RECEIVED Declaration of Domicile filed with the city clerk affirming residency within city limits JAN 2 8 2813 G F1CIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties yand responsibilities? 2_ t ./ 1..0 .' / ,• as_ :'.I' d //t-fifi.LC.X/LC 6)704-42-1-46? .t 1.e`,,/) e 40s-c... eJ ,,, 'c'-_; -e-2 ( /JLC.'4.--e 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 7.„.0- _ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 44 ' s61 ci - - 7 ye.- 4--,) c. BUT A Ci, 662,.,,,,,„- 4 i ir er r ,_.f `' AI r 4. Why do you want to serve on this Board? 17 rI r a VI2,47 jecet--,{ Icoyze-rz.e.4„ )4. (4",e_i,, Fice-A--Lic. , j iii, c)2.-64,.. c-6/77 ct-ii l 4tia417/ A ye/ -4-z, ,,,--L-‹--- Name: 7 '-wie ----.. Board Name: 6-:rrn4-7 ---,- ;e4) d c . d FOR ADVISORY BOARDSff 1,,v CITY OF CLEARWATER -APPLICATION FO must be Clearwater resident) Name: I'd L ` 4 6. Home Address: Office Address: C te ,Sc Q a ff 0 " ,110 Zi 1e 1 d !7.,_ - J L_. p Telephone: Telephone; c 7'~1 ',La Phone:. .2 t 42 E-mail Address: di v r " aL A. How long a resident of Clearwater? ' 4 yew Occupation:S( D w at E t. Employer: Utr'I 1 r 4 Field of Education: Other Work Experience: / Rea( bet/e. (o Dana`u ' t nf Ca - ag - 20,..u_eu_sl____ If retired, former occupation: Community Activities: • et S C S o a / O W A/ Other Interests:Q i f w..- __ t.._. ik Board Service (current and past): Board Preference: 1 , 2012 EYZoit 1.c1 ifiSo 7))0C,It 1 i C D a- rx Se o n r 4- , .r a OJ ...S /--.. Additional Comments: It - 1:•--• 1a .') rn .4 I ' J ! . .1.J Ark a! ANN _ Signature: M - ur+. Date: 0a • U 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 337584748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards re uiring Clearwater resident this a• •lication must be accom•anied b a co. of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? r 0 464nrej ' a 4,, 4 1 41 ———Li! . A I. 1 ' e I l/1/J 1 1 i A / a'aA 1J ry 154 A- I 5 1 4 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? r P k 41 At iPt 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? r I I r r f r 44 1_e— 5 a 0,.. 4 ° buy / 1 /.ii / r• L.4..,...G, I r , A ICI^ 11iI r 4. Why do you want to serve on this Board? J i i y t..t.i I moo. Name: i L , -f Are, r Board Name: ,''t . 8._03. /d-— - -- Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-562 Agenda Date: 10/13/2014 Status: City Manager ReportVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Appoint three members to the Municipal Code Enforcement Board with terms to expire October 31, 2017. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: James E. Strickland MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 3 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. Christopher J. Anuszkiewicz - 1007 Mandalay Ave., 33767 - Landscape Architect Original Appointment: 3/6/14 (0 Absences this year) Interest in Reappointment: Yes (currently filling unexpired term to expire 10/31/14) 2. Wayne Carothers - 1475 Excaliber Dr., 33764 - Sales Service Inst./Carr A/C & Htg. Inc. Original Appointment: 2/2/12 (0 Absences in the past year) Interest in Reappointment: Yes (currently filling unexpired term to expire 10/31/14) 3. Michael Riordon - 210 N. Betty Lane, 33755 - Retail Original Appointment: 10/6/11 Page 1 City of Clearwater Printed on 10/14/2014 File Number: ID#14-562 (0 Absences in the past year) Interest in Reappointment: Yes (currently serving 1st term to expire 10/31/14) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL ONE OF THE ABOVE VACANCIES: 1.Joseph A. Nycz - 2576 Forest Run Ct., 33761 - Retired/Code Enf. Supervisor Zip codes of current members: 2 at 33755; 1 at 33759; 1 at 33764; 3 at 33767 (THERE ARE NO OTHER CURRENT APPLICANTS ON FILE) Current Categories: 1 Ins. Claims Adjuster 1 Landscape Architect 1 Marketing & Graphics 1 Retired/BA Inst. Court Management 1 Retired/BA Political Science 1 Retail 1 Sales/Service Page 2 City of Clearwater Printed on 10/14/2014 4-Ar ir CITY OF CLEARWATER - APPLICATION FOR ADVISORY BWDSI ELP Name: Christopher J Anuszkiewicz must be Clearwater resident) FEB 2 1 2014 Home Address: Office Address: 1007 Mandalay Ave Clearwater, FL Telephone: 727-442-2731 Cell Phone: 239-272-7157 Zip 33767 07FICiAl FECORDS LECISLATHE SPICS DEFT 3000 Gulf to Bay Blvd. Suite 301 Clearwater, FL Zip 33759 Telephone: 727-726-6124 E-mail Address: chnsplacemakerdesignstudlo com How long a resident of Clearwater? First moved to Clearwater in 1997. Attended the University of Florida, was employed in another City, and returned to Clearwater in 2010. Occupation: Landscape Architect Employer: Place Maker Design Studio, LLC Field of Education: Other Work Experience: Master's in Business Administration (Univ FL) WilsonMiller,Florida Bachelor's Degree in Landscape Architecture Walt Disney World, FL If retired, former occupation: Community Activities: Air Potato Roundup Other Interests: Cycling, Running, Swimminq, Spending time with family Board Service (current and past): Board Preference: None Community Development Board Municipal Code Enforcement Board Additional Comments: I am a business owner in Clearwater. My wife and fare owners / landscape architects at PlaceMaker Design Studio, LLC. We established the company in Clearwater in 2010. Signature: Date: z0 See attached list for bo equire financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ It is my understanding the board's duties and responsibilities include the intention to promote, protect, and improve the public health, safety, and welfare of the residents in the City of Clearwater. The board offers an effective, inexpensive way of enforcing codes within the City concerning fire, Business Tax Receipts, building, zoning, signs, and other City codes. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I've worked in the land development profession for over 10 years providing site planning, master planning, roadway design, landscape design, irrigation design, urban design, and external hardscape detailing for large scale projects encompassing thousands of acres to smaller residential sites of 1 acre or less. As part of my job, I regularly refer to City codes and prepare project permit plans for City and County review. 4. Why do you want to serve on this Board? I wish to be involved with the City of Clearwater and offer my time and expertise within a City I reside, work, and care for. I look forward to having the opportunity to be engaged with the City in efforts to promote, protect, and improve public health, safety, and welfare. Name: Christopher J. Anuszkiewicz Board Name: Municipal Code Enforcement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name:4I/. y'i,C NOV 0 2011 Home Address: Office Address: 1 75 X C i -e iDe 6/9 025Sai-fe r ..41/ C -.9,e ii,;.917 .-"Z_ zip 3 37 Y 1 J'1'4 Zip'7)375L, Telephone: a7 - 6024 "9 ®b Telephone: `7 7 4--' -7 - '7,` /g- Cell Phone: 7 ' /30 --/`&2 (0 E-mail Address: C*9let)77lec.(" /a) How long a resident of Clearwater? 49 ) Occupation: 7xes 4 1--td 7 -Employer:CAee /- t :,--,.'-":71-)c-- Field of Education: Other Work Experience: 69a G"`,9ti.2:::> .ems 7,-,1&.-<, 4,4'i . /.ti jz4. If retired, former occupation: Qommunity Activities: /Oyu /7,n&. e--( 1 f 7,/.4/.17Z .4-cArk/1-.1 V /0 (P-''‘) -1"-- '<-- Cf70-44.621L /-ne:_-.=-A-/Z6,--x.._ aoio Other Interests: P% Z4 5 6, 5 ,41/)7 if 69.4i L.6TEO 47 pi"--7.t./ Board Service (current and past): Board Preference: v'v cam, e N7 r'/11,441._Ati 61- 1 j 1'2.--9/,'cel-, Additional Comments: --- --z 'L' ' ---i1/ "9'' C 5//LESS zv 1 Signature: ki,-"trif-e i Ir. Date: l • / ( 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. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? e1,1 t 1671 a-4=X 74z c:%? 470U r.0 tic 3c97'/ff' 4. Why do you want to serve on this Board? 7-3 q/-437M-rk 7?- Ov4 rte' ie Name: Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: /e, /?/./b1, Home Address: I/ /Je C 9. 3773' S Zip Telephone: 5'r— 9 Cell Phone: 6 -57- How long a resident of Clearwater? 6,70 Occupation: KLate // Field of Education: 7,9'4,7K Office Address: e %J. F/. Zip Telephone: 5'" 3 -/s cr E -mail Address: ,i Employer: e /7/ _/>/‘ /a Other Work Experience: If retired, former occupation: /10 Community Activities: /4/7 RECEIVED SEP 18 2014 Other Interests: Board Service (curt nt and past): Cce /); Board Preference: OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Additional Comments: Signature: Date: r/C /V 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. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's d uties and responsibilities? a c e /i%/ e/ .9' 1 C o ds Gj 5 I; // C 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? al/Y' cr1°. -mil r C 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? x -37 /if ge7///,,/ 4. Why do you want to serve on this Board? 71k/ Name: K/,/%4 Board Name: v i /4( "t Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) 54: e* Home Address: Zip 2 .7 76'," Telephone: 1 ? 7 79'/ 73 Cell Phone: 7,27 (P 7 a How long a resident of Clearwater? Occupation: 677/0e6---6, Field of Education: 7q 0 If retired, former occupation: (4 64: Office Address: Zip Telephone: E-mail Address: JW1:3 1 4 2013 anciAL REanDs /tic misLATive.mva DrnEmployer: Other Work Experience: cpe-74/43d/L- Community Activities: Other Interests: Board Service (current and past): Additional Comments: Comments: Board Preference: ec.,47ieiti7--4-L- dz,i7J- 0.9/ .,690-4-,e/ Signature: Date: See trached list for boards that require financial disclosure at time of appointment. Please return thisa-- application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1.What is your understanding of the board's duties and responsibilities? To obtain compliance with the various municipal codes in a fair and orderly manner. The goal of the Board is to achieve voluntary compliance . 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes I have observed the board meetings on TV. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? retired from Pinellas County as a Supervisor with the Code Enforcement Department and feel with my background with code enforcement would be an asset to the board. 4. Why do you want to serve on this Board? I feel with my past work experience I would be an asset to this board. Name: Joseph A. Nycz Board Name Municipal Code Enforcement Board RECEIVED SEP 2 3 2014 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-581 Agenda Date: 10/13/2014 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Worksession Agenda Number: 13.1 SUBJECT/RECOMMENDATION: City Attorney Evaluation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-582 Agenda Date: 10/13/2014 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Worksession Agenda Number: 13.2 SUBJECT/RECOMMENDATION: City Manager Evaluation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2014