12/04/2014Thursday, December 4, 2014
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
December 4, 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 FDOT Presentation of Gateway Express Projects - Eyra Cash, Consultant
Project Manager
4.2 Clearwater Jr. Tornadoes - Tatishka Musgrove, President Clearwater Jr.
Tornadoes
4.3 Clearwater for Youth - Amy Connors, Vice Chair
4.4 Greenwood Panthers - Joe Marshall, Greenwood Panthers President
4.5 Turkey Trot - Skip Rogers, West Florida Y Runners Club, Race Director
4.6 Parks and Recreation Advisory Board Annual Report
4.7 Annual Utilities We Care Fund Appeal - Cynthia Boyd, Utility Customer Service
5. Approval of Minutes
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 12/2/2014
December 4, 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 a Contract with Corrpro Companies, Inc., in the amount of
$313,424.62, for consulting and system maintenance services, and authorize
the appropriate officials to execute same. (consent)
7.2 Approve a two-year renewal of the city paid life insurance benefit with the
current carrier (Unum) at an increase of 74.8% ($103,927) over the current
budgeted cost and authorize the appropriate officials to execute same.
(consent)
7.3 Approve an Engineer of Record (EOR) work order to URS Corporation in the
amount of $170,352 for the Resident Initiated Reclaimed Water Project -
Phase II (14-0038-UT) and the Raw Water Main Project (10-0039-UT), and
authorize the appropriate officials to execute same. (consent)
7.4 Accept two Drainage Easements conveyed by owners of property at 20000
and 20162 US Highway 19, North to improve an existing drainage ditch.
(consent)
7.5 Approve a Work Order to Engineer of Record King Engineering Associates,
Inc. for Engineering Services for Clearwater Memorial Causeway Subaqueous
Pipelines $336,746.00, and authorize the appropriate officials to execute
same. (consent)
7.6 Approve Department of Environmental Protection (DEP) Agreement MV149 for
CVA14-720, Clean Vessel Act Grant Program funding for the operation,
maintenance and repair of the Clearwater Beach Marina pump out vessel and
authorize the appropriate officials to execute same. (consent)
7.7 Approve a work order with Excergy Corporation of Denver Colorado, for a fee
not to exceed $170,715.00 for phase one (of three) in determining the
feasibility of implementing Advanced Metering Infrastructure, and authorize the
appropriate officials to execute same. (consent)
7.8 Appoint Eric D. Spaulding to the Marine Advisory Board as the Ex Officio
member with term to expire December 31, 2018. (consent)
Page 3 City of Clearwater Printed on 12/2/2014
December 4, 2014City Council Meeting Agenda
7.9 Schedule a special work session for January 21, 2015 to obtain public input on
Urban Land Institute’s recommendations for downtown. (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
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8603-14 on second reading, amending the Zoning Atlas of
the city by rezoning certain property whose post office address is 2854
Sunstream Lane, Clearwater, Florida 33759, from Low Density Residential
(LDR) to Low Medium Density Residential (LMDR).
9.2 Adopt Ordinance 8604-14 on second reading, annexing certain real property
whose post office address is 1601 Long Street, Clearwater, Florida 33755,
together with all abutting right-of-way of Long Street, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
9.3 Adopt Ordinance 8605-14 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate certain real
property whose post office address is 1601 Long Street, Clearwater, Florida
33755, together with all abutting right-of-way of Long Street, upon annexation
into the City of Clearwater, as Residential Low (RL).
9.4 Adopt Ordinance 8606-14 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1601 Long
Street, Clearwater, Florida 33755, together with all abutting right-of-way of
Long Street, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
9.5 Adopt Ordinance 8608-14 on second reading, annexing certain real property
whose post office addresses are 1244 Palm Street and 1301 Idlewild Drive,
together with certain 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.
Page 4 City of Clearwater Printed on 12/2/2014
December 4, 2014City Council Meeting Agenda
9.6 Adopt Ordinance 8609-14 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate certain real
property whose post office addresses are 1244 Palm Street and 1301 Idlewild
Drive, together with certain abutting Right-of-Way of Idlewild Drive, upon
annexation into the City of Clearwater, as Residential Urban (RU).
9.7 Adopt Ordinance 8610-14 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office addresses are 1244
Palm Street and 1301 Idlewild Drive, together with certain abutting
Right-of-Way of Idlewild Drive, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
9.8 Adopt Ordinance 8613-14 on second reading, annexing certain real property
whose post office address is 815 Woodruff Avenue, Clearwater, Florida 33756,
together with all abutting right-of-way of Woodruff Avenue, into the corporate
limits of the city and redefining the boundary lines of the city to include said
addition.
9.9 Adopt Ordinance 8614-14 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate certain real
property whose post office address is 815 Woodruff Avenue, Clearwater,
Florida 33756, together with all abutting right-of-way of Woodruff Avenue,
upon annexation into the City of Clearwater, as Residential Low (RL).
9.10 Adopt Ordinance 8615-14 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 815
Woodruff Avenue, Clearwater, Florida 33756, together with all abutting
right-of-way of Woodruff Avenue, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
9.11 Adopt Ordinance 8616-14 on second reading, annexing certain real property
whose post office address is 2107 Bell Cheer Drive, Clearwater, Florida 33764,
into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
9.12 Adopt Ordinance 8617-14 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate certain real
property whose post office address is 2107 Bell Cheer Drive, Clearwater,
Florida 33764, upon annexation into the City of Clearwater, as Residential Low
(RL).
9.13 Adopt Ordinance 8618-14 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 2107 Bell
Cheer Drive, Clearwater, Florida 33764, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
9.14 Adopt Ordinance 8620-14 on second reading, amending Ordinances 3674-84
and 6915-01 regarding Reserve Requirements for future Water and Sewer
revenue bonds.
Page 5 City of Clearwater Printed on 12/2/2014
December 4, 2014City Council Meeting Agenda
10. City Manager Reports
10.1 Designate 2506 Countryside Boulevard, formerly known as Countryside
Executive Golf Course, as a Brownfield Area for the purpose of environmental
rehabilitation and economic development and adopt Resolution 14-34.
10.2 Authorize the negotiated sale of not to exceed $27,550,000 Water and Sewer
Revenue Refunding Bond, Series 2014 and adopt Resolution 14-38.
10.3 Approve and accept an Interlocal Agreement/Franchise with the City of
Oldsmar in order to provide natural gas service to the citizens of Oldsmar and
adopt Resolution 14-39.
10.4 Amend Chapter 2, Article V, Division 6, Section 2.506 of the City of Clearwater
Code of Ordinance and Section 8.3 of the City of Clearwater Money Purchase
Plan complying with the Internal Revenue Code and pass Ordinance 8650-14
on first reading.
10.5 Approve preliminary funding in the amount of $500,000 for establishment of
the ULI Report Implementation special program; and approve the transfer of
$500,000 in General Fund reserves to the Special Programs Fund to fund the
program.
11. City Attorney Reports
12. Other Council Action
13. Closing comments by Councilmembers (limited to 3 minutes)
14. Closing Comments by Mayor
15. Adjourn
Page 6 City of Clearwater Printed on 12/2/2014
Invocation for December 4, 2014 Meeting of the Clearwater City Council, given by Rev.
Dr. John R. Thompson, Associate Pastor of Countryside Christian Center, Clearwater,
Florida.
INVITATION:
For those who wish to pray, please join me.
Our Gracious Heavenly Father,
These are perilous times in our nation, our states,
and out cities. These are times when we need to think
like great men and women, but speak and act like
common people.
Help those who govern, to not to accept tasks that
are equal to their power, but to pray for powers that
are equal to their tasks. Help us to realize that the
future of our city lays with those wise political
leaders, who understand, that the greater public is
interested, more in good government that in political
correctness. Bring us all to the place where we are
able to love our country and at the same time, love
justice.
Help us to seek a baptism of clear seeing, as
leaders needing to see through the clouds of
dissention, and visualize prophetic visions for our
city.
Help us to not be slothful in our service, to be
fervent in our spirits, to seek to achieve the common
good, and to rely on the wisdom of the Lord.
In the name of the Father, Son, and Holy Spirit,
AMEN
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-716
Agenda Date: 12/4/2014 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:
FDOT Presentation of Gateway Express Projects - Eyra Cash, Consultant Project Manager
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
GATEWAY EXPRESSWAY
District 7
December 3-4, 2014
1
Gateway Expressway
2
North – South
3
North – South Video
4
East – West
5
East – West Video
6
Express Lane Policy
•Time savings
•Improve regional mobility
7
Tolling
•Give drivers options
•Open Road Tolling – SunPass or Toll-By-Plate
•Pay for Operations and Maintenance of Gateway Expressway
8
Tolling
Pinellas County Total Contribution: $70 Million
Funded: FY 2017
Letting: Summer 2016
Tolls: Will be Used for Operating and Maintenance
9
Gateway
Express
Pinellas County
($ Millions)
FDOT
($ Millions)
Total
($ Millions)
Right-of-way N/A $93.5 $93.5
Construction/CEI *$60.0 $300.8 $360.8
Total *$60.0 $394.3 $454.3
*Pinellas County Capital Improvement Program Dated June 9, 2014
Funding
Procurement Schedule
Advertise: Fall 2015
CEI Advertisement: Fall 2015
Technical Proposal Due: Spring 2016
D/B Selection: Spring 2016
NTP: Summer 2016
ELOI Due: Fall 2015
Shortlist Posting: Fall 2015
Contract Execution: Summer 2016
Price Proposal Due: Spring 2016
Final RFP: Winter 2016
10
Coming Soon Gateway Expressway!
11
Express Lanes in District 7
Gateway Expressway
I-275 Pinellas
I-275 Howard Frankland Bridge
I-275/SR 60 Interchange & Veterans
I-275 Westshore to Downtown
Downtown Interchange
I-275 North
I-4 to Polk Parkway
I-75 South & North
12
Safety Message:
“Don’t Text and Drive”
Contact Information:
Eyra.Cash@dot.state.fl.us
Office: 813-975-6164
Questions?
13
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-715
Agenda Date: 12/4/2014 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:
Clearwater Jr. Tornadoes - Tatishka Musgrove, President Clearwater Jr. Tornadoes
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-714
Agenda Date: 12/4/2014 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:
Clearwater for Youth - Amy Connors, Vice Chair
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-717
Agenda Date: 12/4/2014 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:
Greenwood Panthers - Joe Marshall, Greenwood Panthers President
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-719
Agenda Date: 12/4/2014 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:
Turkey Trot - Skip Rogers, West Florida Y Runners Club, Race Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-718
Agenda Date: 12/4/2014 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:
Parks and Recreation Advisory Board Annual Report
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-713
Agenda Date: 12/4/2014 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:
Annual Utilities We Care Fund Appeal - Cynthia Boyd, Utility Customer Service
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-771
Agenda Date: 12/4/2014 Status: PassedVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the November 20, 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 1/29/2015
City Council Meeting Minutes November 20, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, November 20, 2014
6:30 PM
Council Chambers
City Council
Page 1 City of Clearwater
Draft
City Council Meeting Minutes November 20, 2014
Roll Call
Present: 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson and Councilmember Hoyt Hamilton
Absent:1 - Councilmember Jay E. Polglaze
Also Present: William B. Horne II - 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 6:30 p.m. at City Hall. 2. Invocation – Father Dermont Dunne, St. Cecilia Roman Catholic Church 3. Pledge of Allegiance
4. Special recognitions and awards (Proclamations, service awards, or other
special recognitions)
4.1 Service Awards
One service award was presented to a city employee.
The November/December 2014 Bimonthly Team Award was presented
to the Drowning Zone 3 Team: Officers Daniel Loder, Chris England, Christian
Zarra, and Michael Leonardo.
4.2 Citizens Academy Graduates
Mayor recognized the graduates and thanked them for their participation:
Robert Beeson, Patty Campbell, Stephen Cerniglia, Heather Commons,
Karen Cunningham, Brian Dennington, Donna Dennis, Andrea E. Dort, Aaron
Freeman, Leanne M. Grayston, Sarah Heller, Charles Johnston, Steven
Kessler, Catherine Mills, Barbara Rice, Ruth Rymal, Tracey Short, Suzan
Steyer, and Michelle Thomann-Ramirez.
4.3 TriRock - Nick Lynch, Race Director
Page 2 City of Clearwater
Draft
City Council Meeting Minutes November 20, 2014
Mr. Lynch provided a PowerPoint presentation regarding event activities and
demographics. Thanked the City for its continued support.
4.4 Giving Tuesday Proclamation, December 2, 2014 - Anna Rodriguez and Liz Gustafson of
the Florida Coalition Against Human Trafficking
4.5 Volunteer Check Presentation - Krystie Epperson, Volunteer Specialist
Ms. Epperson presented Council with a ceremonial check for $1,021,831.00,
representing the value of volunteer hours provided during the year. More than
4,000 volunteers contributed over 45,314 hours to supporting several of the
Department’s service programs.
5. Approval of Minutes
5.1 Approve the minutes of the November 6, 2014 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
November 6, 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
Kim Seyer expressed concerns with anticipated way-finding signs along US
Highway 19 and offered assistance for establishing a pilot program that will
assist drivers how to route around the area when traffic improvements are
implemented in December.
Corina Morrison said the Martin Luther King, Jr. Coalition is dedicated to
restoring the MLK Neighborhood Family Center. She reviewed renovation and
programming plans and invited all to attend weekly meetings at the Center,
every Tuesday at 7:00 p.m.
Stephen Colbert expressed concerns regarding the doctors that Cigna said
were in the Local Plus Network for the 2015 employee health plan when the
City signed with Cigna as the health insurance carrier. He said as of recently,
there are 1197 doctors not on the list of providers who were on list when Cigna
was chosen.
Joseph Corvino thanked Council and staff for their work with the Urban Land
Institute (ULI) report and expressed concerns regarding the lack of a Master
Plan that ULI indicated as a critical component of the process.
Page 3 City of Clearwater
Draft
City Council Meeting Minutes November 20, 2014
7. Consent Agenda – Approved as submitted.
7.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa,
Florida; and authorize the appropriate officials to execute same. (consent)
7.2 Approve a proposal from Construction Manager at Risk Keystone Excavators Inc, of
Oldsmar, Florida in the amount of $672,210.00 for the construction of Corona Avenue
Gabions, and authorize the appropriate officials to execute same. (consent)
7.3 Award a purchase order (contract) to Stonelight of Naples, Florida in the amount of
$132,600 for the construction and delivery of concrete light bollards designed
specifically for use on Beach Walk and other Beach sites including Pier 60 Park and
Papaya Street Plaza and authorize the appropriate officials to execute same.
(consent)
7.4 Approve an Agreement between the City and Fields, Inc. of Clearwater, Florida for the
operation and maintenance of the Barefoot Beach House, located at 332 S. Gulfview
Blvd., from January 1, 2015 to December 31, 2019, and authorize the appropriate
officials to execute same. (consent)
7.5 Amend City Council Policies 23A, 24F, and 28B and add policy L26. (consent)
7.6 Authorize settlement of Szlechta, et al., d/b/a Tropical Sky Ranch Hotel v. City of
Clearwater, Case No. 08-16343-C-15, and City v. Atkins North America, Inc. f/k/a/
Post, Buckley, Schuh and Jernigan, Inc., Case No. 09-21391-CI-015. (consent)
7.7 Authorize stipulation at trial of Smith v. City of Clearwater, Case No.
12-009291-CI-021, for payment by City of an amount corresponding to its percentage
of negligence as arrived at in the jury’s verdict. (consent)
7.8 Authorize settlement of Gordon v. City of Clearwater, Case No. 14-001258-CI, for
payment by City of $50,000.00 in exchange for a full release from plaintiff and
dismissal of action with prejudice. (consent)
7.9 Authorize use of City Seal for commemorative Centennial coins and other Centennial
products. (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.
Page 4 City of Clearwater
Draft
City Council Meeting Minutes November 20, 2014
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
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 1601 Long Street (Highland Pines 1st Addition, Block 6, Lot 1 in Section
11, Township 29 South, Range 15 East) together with all abutting right-of-way of Long
Street; and pass Ordinances 8604-14, 8605-14 and 8606-14 on first reading.
(ANX2014-09015)
This voluntary annexation petition involves a 0.167-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located along the
south side of Long Street approximately 300 feet west of Ridge Avenue. The
applicant is requesting annexation in order to receive solid waste service from
the City. The Development Review Committee is proposing that the
0.096-acres of abutting Long Street right-of way not currently within the city
limits also be annexed. The property is located within an enclave and is
contiguous to existing City boundaries to the west. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The closest
sanitary sewer line is approximately 100 feet west of the subject
property. Due to the distance of this line, sewer service is not readily
available to the applicant’s property. 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 the property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve the
property with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexation will not have an adverse effect 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 Page 5 City of Clearwater
Draft
City Council Meeting Minutes November 20, 2014
promoted 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 property is the Low Medium Density Residential
(LMDR) District. The use of the subject property is consistent with the
uses allowed in the District and the property exceeds the District’s
minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries along the west of the property boundary; therefore, the
annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to 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 1601 Long Street (Highland Pines 1st Addition,
Block 6, Lot 1 in Section 11, Township 29 South, Range 15 East)
together with all abutting right-of-way of Long Street. The motion
was duly seconded and carried unanimously.
Ordinance 8604-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8604-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8605-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8605-14 on first
reading. The motion was duly seconded and upon roll call, the vote Page 6 City of Clearwater
Draft
City Council Meeting Minutes November 20, 2014
was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8606-14 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8606-14 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1215 Union Street (Cleardun Block A, Lot 10 in Section 3, Township 29
South, Range 15 East), 1244 Palm Street (Cleardun Block A, Lot 28 in Section 3,
Township 29 South, Range 15 East), and 1301 Idlewild Drive (Brooklawn Block K, Lot
1 in Section 3, Township 29 South, Range 15 East) together with certain abutting
right-of-way of Idlewild Drive and Union Street; and pass Ordinances 8608-14,
8609-14 and 8610-14 on first reading. (ANX2014-09016)
These voluntary annexation petitions involve three parcels of land totaling
0.397 acres. The parcels are occupied by single-family dwellings. The three
lots are located generally south of Union Street, east of Douglas Avenue, north
of Sunset Point Road (State Route 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 made available from the
City’s Idlewild/The Mall Septic-to-Sewer program. The properties are
contiguous to existing City boundaries along at least one property boundary.
The Development Review Committee is proposing that the 0.18-acres of
abutting right-of-way of Idlewild Drive and Union Street not currently within the
City limits also be annexed. It is proposed that the properties be assigned a
Future Land Use Map designation of Residential Urban (RU) and a zoning
category 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 made
available, and are aware of the fee that must be paid in order to
Page 7 City of Clearwater
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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 these properties by
Station 51 located at 1720 Overbrook Avenue. The City has adequate
capacity to serve these 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 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 Urban (RU) Future Land Use Map category
is consistent with the current Countywide Plan designation of these
properties. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the properties is the Low Medium Density Residential
(LMDR) District. The uses 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.
Councilmember Jonson moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1215 Union Street (Cleardun Block A, Lot 10 in
Section 3, Township 29 South, Range 15 East), 1244 Palm Street
Page 8 City of Clearwater
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(Cleardun Block A, Lot 28 in Section 3, Township 29 South, Range
15 East), and 1301 Idlewild Drive (Brooklawn Block K, Lot 1 in
Section 3, Township 29 South, Range 15 East) together with certain
abutting right-of-way of Idlewild Drive and Union Street. The motion
was duly seconded and carried unanimously.
Ordinance 8608-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8608-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8609-14 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8609-14 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8610-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8610-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.3 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 815 Woodruff Avenue (Oak Acres Block A, Lot 11 in Section 14, Township
29 South, Range 15 East) together with all abutting right-of-way of Woodruff Avenue;
and pass Ordinances 8613-14, 8614-14 and 8615-14 on first reading.
(ANX2014-09018)
This voluntary annexation petition involves a 0.323-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located along the
east side of Woodruff Avenue approximately 300 feet south of Druid Road.
The applicant is requesting annexation in order to receive solid waste service
from the City. The Development Review Committee is proposing that the
0.138-acres of abutting Woodruff Avenue right-of-way not currently within the
City limits also be annexed. The property is located within an enclave and is
Page 9 City of Clearwater
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contiguous to existing City boundaries to the north. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The closest
sanitary sewer line is approximately 320 feet north of the subject
property in the Druid Road right-of-way. Due to the distance of this line,
sewer service is not readily available to the applicant’s property. 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 the
property by Station 47 located at 1460 Lakeview Road. The City has
adequate capacity to serve the property with solid waste, police, fire
and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; 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.
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 property is the Low Medium Density Residential
(LMDR) District. The use of the subject property is consistent with the
uses allowed in the District and the property exceeds the District’s
minimum dimensional requirements. The proposed annexation is
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therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to 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 815 Woodruff Avenue (Oak Acres Block A, Lot
11 in Section 14, Township 29 South, Range 15 East) together with
all abutting right-of-way of Woodruff Avenue. The motion was duly
seconded and carried unanimously.
Ordinance 8613-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8613-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8614-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8614-14 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8615-14 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8615-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.4 Approve a Zoning Atlas Amendment from the Low Density Residential (LDR) District
to the Low Medium Density Residential (LMDR) District for property located at 2854
Sunstream Lane (consisting of a portion of the north ½ of southwest ¼ of northeast ¼
of Section 32, Township 28 South, Range 16 East), and pass Ordinance 8603-14 on
first reading. (REZ2014-08003)
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This rezoning application involves an 11.462-acre property owned by
Sunstream Lane Development, LLC. It is located on the south side of
Sunstream Lane, approximately 160 feet west of Parkstream Avenue, south of
Saber Drive, and north of Lake Chautauqua Park. This property has a Future
Land Use Map classification of Residential Low (RL) and a Zoning Atlas
designation of Low Density Residential (LDR). The request is to amend the
Zoning Atlas designation from Low Density Residential (LDR) to Low Medium
Density Residential (LMDR), which is also consistent with the underlying Future
Land Use Map classification of Residential Low (RL).
The subject property is primarily vacant land with Sunstream Lane running east
to west along the northern boundary of the property. A portion of the western
boundary of the parcel abuts Lake Chautauqua and is zoned Preservation (P).
The applicant has submitted a Preliminary Plat for a 28-lot subdivision to be
processed if this rezoning is approved.
The Planning and Development Department has determined that the proposed
Zoning Atlas amendment is consistent with the Community Development Code
as specified below:
• The proposed amendment is consistent with the Comprehensive
Plan and the Community Development Code;
• The proposed amendment is compatible with the surrounding
property and character of the neighborhood;
• The available uses in the Low Medium Density Residential
(LMDR) District are compatible with the surrounding area;
• The proposed amendment will not adversely burden public
facilities, including the traffic-carrying capacities of streets, in an
unreasonably or disproportionate manner; and
• The proposed Low Medium Density Residential (LMDR) District
boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines, existing improvements
and the natural environment.
The Community Development Board reviewed this application at its public
hearing on October 21, 2014 and unanimously recommended approval of the
Zoning Atlas Amendment.
Planning and Development Director Michael Delk said the subject property is
a former orange grove that has been abandoned for a number of years.
In response to a question, the City Attorney said the property is already in the
City; the land use plan is consistent with the use requested.
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Councilmember Jonson moved to approve a Zoning Atlas
Amendment from the Low Density Residential (LDR) District to the
Low Medium Density Residential (LMDR) District for property
located at 2854 Sunstream Lane (consisting of a portion of the
north ½ of southwest ¼ of northeast ¼ of Section 32, Township 28
South, Range 16 East). The motion was duly seconded and carried
unanimously.
Ordinance 8603-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8603-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.5 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 2107 Bell Cheer Drive (Lots 1 and 2, Pleasant Ridge Estates, in Section
24, Township 29 South, Range 15 East); and pass Ordinances 8616-14, 8617-14 and
8618-14 on first reading. (ANX2014-09017)
This voluntary annexation petition involves a 0.454-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
south side of Bell Cheer Drive, approximately 1,200 feet west of South Belcher
Road. The applicant is 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 Belcher Area Sanitary Sewer System Extension
Project Area. The property is contiguous to the existing City boundary to the
south. It is proposed that the property be assigned a Future Land Use Map
designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County.
Collection of solid waste will be provided to the property by the City.
The applicant will connect to the City’s sanitary sewer service when it is
available, and is aware of the fee that must be paid in order to connect
and the financial incentives available. The property is located within
Police District II and service will be administered through the district
headquarters located at 2851 North McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire and Page 13 City of Clearwater
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EMS service. The proposed annexation will not have an adverse effect
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.
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 five units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential
(LMDR) District. The use of the subject property is consistent with the
uses allowed in the District and the property complies with the District’s
minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to the existing City
boundary to the south; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
In response to a question, Planning and Development Director Michael Delk
said the proposed development is 5 units per acre and reason for the RL
category. Staff is unaware of future development plans. The site is less than ½
acre and may be split into three lots, at the most.
Councilmember Hamilton moved to 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 2107 Bell Cheer Drive (Lots 1 and 2, Pleasant
Ridge Estates, in Section 24, Township 29 South, Range 15 East).
The motion was duly seconded and carried unanimously.
Ordinance 8616-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8616-14 on first Page 14 City of Clearwater
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reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8617-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8617-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8618-14 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8618-14 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.6 Approve a Development Agreement between Bayway Hotel Holdings, LLC. (the
property owner) and the City of Clearwater, providing for the allocation of 15 units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-35, and
authorize the appropriate officials to execute same. (HDA2014-08006)
Development Proposal:
No changes have been made to the Development Proposal presented at the
November 6, 2014 Council meeting.
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 17 units and incorporate an additional 15 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 32 units (92 units per
acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 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
Page 15 City of Clearwater
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Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 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 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 up to 15 units from the Hotel Density Reserve
or a maximum density of 92 units per acre;
Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
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 15 units from the Hotel
Density Reserve under Beach by Design.
Councilmember Jonson moved to approve a Development
Agreement between Bayway Hotel Holdings, LLC. (the property
owner) and the City of Clearwater, providing for the allocation of 15
units from the Hotel Density Reserve under Beach by Design and Page 16 City of Clearwater
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City Council Meeting Minutes November 20, 2014
authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
Resolution 14-35 was presented and read by title only. Vice Mayor
Hock-DiPolito moved to adopt Resolution 14-35. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.7 Approve a Development Agreement between Elias Anastasopoulos and Anastasios
Anastasopoulos (the property owners), Captain Bligh’s Landing, Inc. (the Developer)
and the City of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design; adopt Resolution 14-36, and authorize the
appropriate officials to execute same. (HDA2014-08007)
Development Proposal:
No changes have been made to the Development Proposal presented at the
November 6, 2014 Council meeting.
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 59 units and incorporate an additional 100 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 159 units (134 units
per acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 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
November 6, 2014 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 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
Page 17 City of Clearwater
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by Design and includes the following main provisions:
Provides for the allocation of up to 100 units from the Hotel Density
Reserve or a maximum density of 134 units per acre;
Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
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 100 units from the Hotel
Density Reserve under Beach by Design.
Councilmember Hamilton moved to approve a Development
Agreement between Elias Anastasopoulos and Anastasios
Anastasopoulos (the property owners), Captain Bligh’s Landing,
Inc. (the Developer) and the City of Clearwater, providing for the
allocation of 100 units from the Hotel Density Reserve under Beach
by Design and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Resolution 14-36 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 14-36. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
9. Presentations (by government agencies or groups providing formal updates
Page 18 City of Clearwater
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to Council)
9.1 Library Advisory Board Annual Report - Judy McSwine, Chair
Ms. McSwine reviewed recent accomplishments and upcoming projects and
thanked Council for their continued support. The Clearwater Library
Foundation has pledged a $200,000 funding effort for the new Countryside
library that includes naming opportunities on furniture and fixtures. Ms.
McSwine thanked Council for funding additional operating hours at the
Clearwater Beach location.
10. City Manager Reports
10.1 Consider request from the Homeless Emergency Project, Inc. (HEP) for an increase in
the amount of $50,000 for operations, capital improvements, and staffing needs, as
part of the city’s homeless initiative.
In an effort to address the root causes of homelessness, the City of Clearwater
(City) established its homeless initiative program in the summer of 2012. In
order to accomplish its mission and provide homeless individuals and families
with access to comprehensive services, the City partnered with several local
social service providers. One of those valued providers is HEP, located at 1120
N. Betty Lane, Clearwater.
The mission of HEP is to provide homeless individuals and families with
housing, food, clothing, and support services necessary to obtain
self-sufficiency and improved quality of life. HEP assists 400 men, women and
children each day. In 2013, they helped 1,398 adults and 76 families (127
children), including 508 veterans; they served 95,091 meals; and the HEP
Dental Clinic performed 3,993 free procedures for their residents, valued at
over $525,000.
The City has allocated $50,000 to HEP for Fiscal Year 2014-2015 from General
Funds in the Economic Development and Housing Department budget. These funds
can be used to support several primary types of activities, including but not
limited to housing of homeless individuals and families, delivery of case
management, transportation services to veterans to the Bay Pines VA, and
operations costs.
On October 15, 2014, HEP requested an additional $50,000, bringing the
grand total to $100,000 for the current fiscal year. The budgetary reasons for
this request are:
• More homeless people accessed the Emergency Shelter than the
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previous year;
• Emergency Shelter bathroom upgrades and floor replacement;
• Increased staffing and personnel needs.
Between October 1, 2013 and May 31, 2014, HEP assisted 553 homeless
individuals and 14 families from Clearwater, and they accepted 44 referrals
from the Clearwater Homeless Street Outreach Team. Based on the number of
homeless people that they assisted and the program needs, staff recommends
that the City Council consider an increased funding commitment for fiscal year
2014-2015, the level of which is to be determined by the City Council.
Depending on the increased level of funding, a budget amendment will be
brought forward as part of first quarter budget amendments.
APPROPRIATION CODE AND AMOUNT:
010-09216-581000-552-000-0000 - up to $50,000
USE OF RESERVE FUNDS:
If approved, funding for this contract will be provided by a first quarter budget
amendment allocating General Fund reserves in the amount approved up to
$50,000 to Economic Development cost code 010-09216-581000-552. The
balance in General Fund reserves is approximately $17.9 million, or 15.3% of
the 2014/15 General Fund operating budget. A total of $1,101,214 of General
Fund reserves has been used to date to fund expenditures in the 2014/15
operating budget.
Mayor Cretekos said he received a letter from St. Petersburg Mayor Rick
Kriseman regarding sending a letter to all city councils/commissions in
Pinellas County requesting that they increase their contributions to Pinellas
Safe Harbor and look at how they address homelessness in their community
and how they provide funding for the social service agencies. The letter is
expected to be distributed soon. Mayor Cretekos requested consideration to
continue Item 10.1 to the next work session as an increased contribution to
these social service agencies would use general fund reserves.
There was no consensus to continue discussion of Item 10.1.
In response to questions, Community Development Manager Ekaterini
Gerakios Siren said HEP serves all segments of the homeless population:
veterans, homeless families with children, and individual men and women.
Concerns were expressed regarding the use of general fund reserves for an
out of cycle funding request.
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HEP President and CEO Terrance McAbee said there has been an increase in
the number of individuals being served by the shelter, which has impacted
budgeted costs. It was recently discovered that 8 units have flooring and
termite damage, which will cost approximately $50,000 to repair. Mr. McAbee
said an additional case manager was hired to address overnight monitoring
due to the increased population. The shelter’s comprehensive program
services includes shelter, food, case management, mental and dental care
services, and housing services that transitions the individuals to independent
living. The shelter serves 110 veterans, many of whom are chronically
homeless.
Vice Mayor Hock-DiPolito moved to approve request from the
Homeless Emergency Project, Inc. (HEP) for an increase in the
amount of $50,000 for operations, capital improvements, and
staffing needs, as part of the city’s homeless initiative. The motion
was duly seconded and carried unanimously.
10.2 Consider the request from Religious Community Services (RCS) for an increase in the
amount of $25,000 for operations and staffing needs of RCS Grace House, as part of
the city’s homeless initiative.
In an effort to address the root causes of homelessness, the City of Clearwater
(City) established its homeless initiative program in the summer of 2012. In
order to accomplish its mission and provide homeless individuals and families
with access to comprehensive services, the City partnered with several local
social service providers. One of those valued providers is RCS, located at 503
S. Martin Luther King Jr., Clearwater.
The mission of RCS is to direct resources to people facing hunger,
homelessness, domestic violence and basic needs. RCS Grace House is an
emergency shelter for homeless families with children. The program works
one-on-one with families through case management and residents can stay
there for up to two months. The facility consists of 14 fully-furnished
apartments.
The City has allocated $25,000 to RCS for Fiscal Year 2014-2015 from
General Funds in the Economic Development and Housing Department
budget. These funds can be used to support several primary types of activities,
including but not limited to transitional housing of homeless families, delivery of
case management, and operational costs.
On October 29, 2014, RCS requested an additional $25,000, bringing the
grand total to $50,000 for the current fiscal year. The budgetary reasons for
this request are:
Page 21 City of Clearwater
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City Council Meeting Minutes November 20, 2014
• Homeless families with children are the fastest growing subset of
homeless populations in Pinellas County; and
• Expansion of RCS Grace House services.
During Fiscal Year 2013-2014, RCS Grace House assisted 82 homeless/at risk
individuals (25 families) from Clearwater. Based on the program needs and the
overall countywide efforts to reduce homelessness among families with minor
children, staff recommends that the City Council consider an increased funding
commitment for fiscal year 2014-2015, the level of which is to be determined
by the City Council. Depending on the increased level of funding, a budget
amendment will be brought forward as part of first quarter budget
amendments.
APPROPRIATION CODE AND AMOUNT:
0010-09216-581000-552-000-0000 - $25,000
USE OF RESERVE FUNDS:
If approved, funding for this contract will be provided by a first quarter budget
amendment allocating General Fund reserves in the amount approved up to
$25,000 to Economic Development cost code 010-09216-581000-552. The
balance in General Fund reserves is approximately $17.9 million, or 15.3% of
the 2014/15 General Fund operating budget. A total of $1,151,214 of General
Fund reserves has been used to date to fund expenditures in the 2014/15
operating budget.
In response to questions, RCS President/CEO Caitlin Higgins-Joy said
homeless families are the fastest growing segment in the homeless
population. A recent United Way study showed a huge percentage of our
population lives in poverty or is one incident away from being homeless. RCS
is actively exploring the possibility of starting a Grace House 2 and engaging
potential funders for operating and capital support. Ms. Higgins-Joy said RCS
is experiencing increased costs to provide services (i.e., pest control, bus
passes, utilities). The bus passes are needed to ensure individuals have
transportation ability. Ms. Higgins-Joy said the requested funds would provide
staff more time to actively explore Grace House 2, rather than fundraising for
unfunded operating needs.
It was suggested that RCS return with a funding request once plans for Grace
House 2 have been defined.
Councilmember Hamilton moved to approve the request from
Religious Community Services (RCS) for an increase in the amount
Page 22 City of Clearwater
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City Council Meeting Minutes November 20, 2014
of $25,000 for operations and staffing needs of RCS Grace House,
as part of the city’s homeless initiative.
Motion failed for lack of a second.
10.3 Approve 2015 Council Meeting Schedule.
Generally, City Council meetings are at 6:00 p.m. on the first and third
Thursday of each month. The accompanying work sessions are at 1:00 p.m.
on the preceding Monday, unless the Monday is a holiday, in which case the
work session is on Tuesday.
Per Council Rules, no meetings are held the first Thursday in January or in
July.
The County's Budget calendar for 2015 is not known at this time. Once the
Budget Manager receives this information, adjustment of the September
meetings will be requested if needed.
Please note the following exceptions:
• The February 16 work session has been moved to Tuesday, February
17 due to Presidents’ Day.
• The June 4 council meeting has been moved to Wednesday, June 3
due to Clearwater High School Graduation.
• The October 15 council meeting has been moved to Wednesday,
October 14 due to Jazz Holiday.
Direction is needed on the following:
• In 2015, Rosh Hashanah will begin Sunday, September 13 at sundown
through the evening of Tuesday, September 15. Council may
reschedule the work session to Wednesday, September 16 or hold a
council meeting only (no work session) on Thursday, September 17.
Councilmember Jonson moved to approve 2015 Council
Meeting Schedule. The motion was duly seconded and carried
unanimously.
10.4 Consideration to submit a letter to the Environmental Protection Agency (EPA)
supporting their initiative to reduce carbon emissions.
Environmental Advisory Board Chair Linda Varonich has requested Council to
support EPA’s recently proposed standards for existing power plants to reduce
carbon dioxide emissions.
The period to submit comments to EPA ends December 1, 2014.
Page 23 City of Clearwater
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City Council Meeting Minutes November 20, 2014
Two individuals spoke in support.
In response to questions, Ms. Veronich said the Environmental Advisory
Board (EAB) did not review or discuss the letter. She submitted the letter on
her own behalf in the interest of meeting the comment period deadline. The
EAB has discussed matters regarding the sea level rise and carbon pollution
throughout the year. She apologized to Council for not bringing the matter
before the EAB prior.
Councilmember Jonson moved to approve submitting a letter to the
Environmental Protection Agency (EPA) supporting their initiative
to reduce carbon emissions. The motion was duly seconded and
carried unanimously.
11. City Attorney Reports – None. 12. Other Council Action
12.1 Council Effectiveness Workshop
The Institute of Government (IOG) at the University of South Florida has
submitted a proposal to facilitate a Council Effectiveness Workshop for the City
of Clearwater.
The proposal has been drafted by Marilyn Crotty, Executive Director of the IOG
at the University of Central Florida, based on her extensive career working with
state and local agencies, special districts and non-profits in Florida. There are
five Florida IOG university locations with a mission to provide organizational
development and training to equip local officials with tools to better serve their
communities.
The Clearwater proposal is drafted to focus the workshop on the
communication, decision-making and performance of highly effective Councils.
If approved, Ms. Crotty will work with the City to finalize the agenda and
schedule. Ms. Crotty has offered a number of possible dates in December and
January for the proposed 4-hour training series.
If Council agrees to proceed, Ms. Crotty will work with IOG at USF (West
Florida’s office) to finalize the proposal scope and cost for the workshop. The
cost is expected to be within the City Manager’s purchasing authority.
Page 24 City of Clearwater
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City Council Meeting Minutes November 20, 2014
There was consensus for staff to pursue scheduling the workshop for
December 16, 2014 from 10:00 a.m. to 2:00 p.m.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson congratulated the Vice Mayor for being elected the
MPO/PPC Treasurer and suggested consideration be given to provide a
discounted recreation card to residents who are disabled veterans. He
questioned when the Council would address the ULI recommendation for a
unified Downtown vision.
Vice Mayor Hock-DiPolito said the concerns raised earlier in the evening
regarding the way-finding signs for businesses located on the east and west
side of Enterprise Road/US Highway 19 need to be addressed in an expedited
manner.
14. Closing Comments by Mayor
Reviewed recent and upcoming events, congratulated the Clearwater Central
Catholic Girl’s Volleyball Team for winning the State Championship, and
wished all a Happy Thanksgiving. 15. Adjourn
The meeting adjourned at 8:34 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Page 25 City of Clearwater
Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-708
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve a Contract with Corrpro Companies, Inc., in the amount of $313,424.62, for
consulting and system maintenance services, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
Clearwater Gas System distribution system is comprised of steel, cast iron and plastic gas
mains/service lines. All steel gas lines must be Cathodically Protected (CP) from external
corrosion. This is accomplished by applying a low voltage to the steel which prevents
corrosion/oxidation of the pipe.
In July 2014, the Florida Public Service Commission (FPSC) conducted their annual
evaluation of CGS’s distribution system. Their evaluation found several items that need to be
modified in order to be compliant. The FPSC recommended we hire an outside company to
assist us in correcting the deficiencies cited in their 2014 audit. CGS issued Request for
Proposals 36-14 and selected Corrpro as the best candidate for this project.
As part of the evaluation, Corrpro will provide a comprehensive report and list action items to
correct all deficiencies within our CP system. In addition, Corrpro will provide all necessary
field labor to correct each deficiency. This project is expected to last 6-12 months, depending
on the extent of their findings.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will increase expenditure code
0423-02179-530100-532-000-000 (Other Gas Regulatory) by $313,424.62 for this contract,
which is offset by existing Gas Fund revenues.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 12/2/2014
REQUEST FOR PROPOSALS
CITY OF CLEARWATER, FLORIDA
RFP NO. 36-14
Notice is hereby given that the City of Clearwater will be receiving sealed proposals at
the City’s Purchasing Division, 100 South Myrtle Avenue, Clearwater, FL 33756 for:
Consulting and Maintenance Services for Operating a
Cathodic Protection System in a Natural Gas
Distribution System
PROPOSAL DUE DATE: MONDAY, SEPTEMBER 15, 2014, 10:00 AM EDT
The City is seeking experienced and qualified firms that demonstrate the highest level of
ability, professionalism and expertise. Six (6) copies and one (1) electronic copy of
each proposal shall be submitted in a sealed envelope and plainly marked: “RFP No.
36-14, Consulting and Maintenance Services for Operating a Cathodic Protection
System in a Natural Gas Distribution System”
Issued at Clearwater, Florida, this 22nd day of August, 2014.
Prepared By:
Brian Langille, PE, CEM
Operations Manager
Clearwater Gas System
400 N Myrtle Ave
Clearwater, FL 33755
TABLE OF CONTENTS
INTRODUCTION ____________________________________________________________________ 1
OBJECTIVES _______________________________________________________________________ 3
PROJECT BACKGROUND _____________________________________________________________ 3
PROJECT APPROACH ________________________________________________________________ 3
PROJECT MANAGEMENT ____________________________________________________________ 4
SUMMARY OF SERVICES _____________________________________________________________ 4
PROPOSAL SUBMITTAL ______________________________________________________________ 7
SELECTION COMMITTEE _____________________________________________________________ 8
TENTATIVE SCHEDULE ______________________________________________________________ 8
FAMILIARITY WITH LAWS ____________________________________________________________ 9
RFP INQUIRIES AND ADDENDA _______________________________________________________ 9
APPROPRIATIONS CLAUSE ___________________________________________________________ 9
PUBLIC ENTITIES CRIME STATEMENT ___________________________________________________ 9
BID SECURITY ____________________________________________________________________ 10
DRUG-FREE WORKPLACE REQUIREMENTS _____________________________________________ 10
OPERATOR QUALIFICATION _________________________________________________________ 11
BID PROTEST PROCEDURE __________________________________________________________ 11
NO CORRECTIONS CLAUSE __________________________________________________________ 12
RETENTION/DISPOSAL OF RFPS CLAUSE _______________________________________________ 12
LEGAL NAME CLAUSE ______________________________________________________________ 12
OPENNESS OF PROCUREMENT CLAUSE ________________________________________________ 12
NO COLLUSION CLAUSE ____________________________________________________________ 12
QUALIFICATIONS OF VENDORS ______________________________________________________ 13
EXECUTION OF CONTRACT __________________________________________________________ 13
TIME OF COMPLETION _____________________________________________________________ 14
INSURANCE REQUIREMENTS ________________________________________________________ 14
INFORMALITY WAIVING/BID REJECTIONS CLAUSE _______________________________________ 16
PROPOSAL SUBMITTAL CERTIFICATION ________________________________________________ 17
INTRODUCTION
The City of Clearwater (“City” or “Owner”), d/b/a Clearwater Gas System (“CGS”), owns and
operates a natural gas distribution system (“System”) within portions of Pinellas and Pasco
County, Florida. CGS has approximately 850 miles of distribution gas mains that operates
between 8 – 60 PSI and serves approximately 18,500 natural gas customers over a 330 square
mile service territory. Proposals are now sought from qualified companies (“Consultant”) to
provide consulting and maintenance services for operating a cathodic protection (CP) system
within a natural gas distribution system.
CGS generally serves natural gas to north Pinellas County (i.e., north of Ulmerton Rd) and
Southwest Pasco County (Pinellas/Pasco county line to State Rd 52 and Ehren Cutoff Rd). In
addition, CGS serves the beach communities from Clearwater down to Redington Beach. CGS
only has metallic distribution gas mains and service lines in Pinellas County. Below is a general
breakdown of our distribution gas mains & service lines, taken from the Pipeline and Hazardous
Materials Safety Administration (PHMSA) annual distribution report.
Additional information, such as GIS shapefiles, depicting the exact location of our main &
service lines can be made available upon request.
1
2013 PHMSA 7100-1.1
Annual Report
2
OBJECTIVES
CGS’s main objective is to receive zero (0) violations from the Florida Public Service
Commission inspector for the 2015 annual audit. The Consultant should work directly with our
CP employees to provide the guidance and applicable training to achieve this goal in the
upcoming and future years.
PROJECT BACKGROUND
In July 2014, the Florida Public Service Commission (FPSC) conducted their annual evaluation
of CGS’s cathodic protection system. Part of the cathodic protection system was surveyed and
results indicated portions of it were not electrically continuous (i.e., electrical short) or had
depleted anodes that did not meet the National Association of Corrosion Engineers (NACE)
negative 0.85V criteria. In addition, their evaluation found several record keeping/documentation
items that need to be modified in order to be compliant with the FPSC.
PROJECT APPROACH
The project team will be composed of the Consultant and employees of the CGS’s Cathodic
Protection section. The Consultant will field test the entire Cathodic Protection system and
evaluate the current conditions. This will include:
Test and verify for the presence of current protection in the system that have monitoring
stations,
o Recommend the addition of monitoring stations, where required.
o Remove, or reclassify, monitoring stations not necessary
o Evaluate all steel casings in CGS’s distribution system and determine the vitality
of monitoring stations
Testing of insulating joints to ensure that they are functioning as intended and are not
shorted
o Recommend additional insulating joints where needed to allow the system to be
more manageable and troubleshooting friendly
Determine if the system is electrically isolated from other metallic structures, as
originally designed
Compare the results of field tests to NACE criteria for appropriate cathodic protection
Indicate if any repairs are necessary prior to final corrective action measures
Cost evaluation shall be provided for all corrective action measures (i.e., transitional &
final repair work)
CGS will determine the amount of corrective action work be performed by the Contractor
vs. internal CGS crews
Consultant should provide a methodology for long-term documentation of cathodic
protection records
3
PROJECT MANAGEMENT
Consultant will provide Project Management services during the system evaluation portion of the
project. Specific tasks may include:
Consultant Project Management
A Project Kickoff Meeting
Monthly Progress Meetings
Monthly Reports Completed
Quality Assurance/Quality Control Implementation
Maintenance of a Decision Log
Consultant will ensure continuous responsibility of the project in terms of staffing, budget,
schedule and scope; promote communication within the project team and document key
decisions.
SUMMARY OF SERVICES
In general, this section outlines the types of services expected of the Consultant to support the
cathodic protection needs of CGS. The Consultant services provided may include, but are not
limited to, the following:
Conduct a full audit of CGS’s CP system for mains and service lines
o Inspect all CGS compliance records/documentation, related to corrosion control,
for proper compliance as required by the Code of Federal Regulations, Title 49,
Part 192 and the FL Administrative Code chapter 25-12
Evaluate all test station locations (conduct both field inspections & office reviews)
Determine solutions to correct low voltage readings at test stations (i.e., locations that
don’t meet the minimum voltage requirements of -0.850 V)
Evaluate the quantity, operational ability & locations of our existing rectifier stations
Provide a written report that outlines all corrective actions measures needed in order to
comply with Federal and State regulations
Provide a cost estimate for a Consultant to perform all corrective action measures, to
include labor & materials
Make recommendations to enhance operational efficiency of existing CP system
o Evaluate the need for electronic records vs. paper based report
o Training/Coaching of CGS’s Cathodic Protection employees
Provide an Executive Summary of the Evaluation report
4
In addition, the proposal shall contain the following sections:
A. Project overview
B. Detailed project approach
C. Related Projects & References
D. Consultant team
E. Project schedule
F. Conflicts of interest
G. Propriety information
H. Staff estimate
I. Solicitation of Sub-consultants, Subcontractors, other service providers and suppliers
J. Employment Practices
K. Cost information
L. Contract Documents
A. PROJECT OVERVIEW (15 points)
Provide a narrative description of the project based on the scope of work and proposed schedule
presented in this Request for Proposal (RFP). CGS will assess participating Consultants’
understanding of the project based on the overview.
B. DETAILED PROJECT APPROACH (15 points)
Provide a detailed description of the proposed approach to the project as described herein. The
description shall include details to implement the tasks described in the Summary of Services
and any recommended revisions to the list of tasks. The approach should recognize, address and
provide for resolution of all aspects of the project.
C. PROJECT COST (20 points)
Consultants shall provide an hourly rate schedule for consultant personnel to be billed to the
project and identify all other costs to be billed to the project. Include any adjustments that are
predicted to occur during the life of the project.
D. RELATED PROJECTS & REFERENCES (20 points)
Provide a minimum of three (3) similar projects the firm and the proposed team have completed.
The description of each project should include the year(s) during which the work was performed
and a description of process design components. The firm's role in the project should also be
5
described (pre-design, design construction management, etc., and prime Consultant,
Subconsultant, etc.). For references, include the name, title, and phone number of the primary
contact person for each project listed.
E. CONSULTANT TEAM (20 points)
The proposed Consultant team shall be identified including project manager, project engineer,
and other key personnel. The percentage of time devoted to this project for all personnel shall be
stated. A Consultant team organization diagram shall be included. A resume of each team
member shall be included in the appendix. Each resume should include a description of relevant
projects. Any proposed Subcontractors shall be identified; tasks assigned and experience
included similarly to the firm’s own project personnel.
F. PROJECT SCHEDULE (10 points)
A project schedule for completion of the project shall be submitted with the proposal. All major
outputs and meetings shall be included on the schedule, including time allocations. Time shall
be allocated for CGS review.
G. CONFLICTS OF INTEREST
Firms submitting proposals in response to this RFP must disclose to CGS any actual, apparent,
direct or indirect, or potential conflicts of interest that may exist with respect to the firm,
management, or employees of the firm or other persons relative to the services to be provided
under the Agreement for services to be awarded pursuant to this RFP. If a firm has no conflicts
of interest, a statement to that effect shall be included in the Proposal.
H. PROPRIETARY INFORMATION
Firms submitting proposals to this RFP must provide a statement that nothing contained in the
submitted proposal will be proprietary.
I. STAFF ESTIMATE
Provide a City staff estimate of time for each task to permit CGS the opportunity to determine
the level of detail and the number of management, engineering, technical, drafting and support
personnel hours envisioned for each task. Estimates of hours for each staff classification shall be
provided for each task.
6
J. SOLICITATION OF SUBCONSULTANTS, SUBCONTRACTORS, OTHER
SERVICE PROVIDERS AND SUPPLIERS
If the prime Consultant intends to solicit sub-proposals and/or quotes for certain tasks on this
project from qualified Sub-consultants, Subcontractors, other service providers and suppliers,
CGS expects the prime Consultant to solicit qualified firms in the local business community for
such services and supplies. The solicitation conducted should be as broad as possible to
reasonably provide opportunities for and encourage relationship building with qualified minority
and women-owned firms, and small and local business in Pinellas County. The Consultant shall
not illegally discriminate in the solicitation process. Substitution of any Sub-consultants,
Subcontractors, other service providers and suppliers identified in the agreement shall not be
made without the written consent of CGS.
K. EMPLOYMENT PRACTICES
Consultants shall provide a summary of their firm’s employment policies and procedures,
including any equal employment opportunity and affirmative action policies. Also, include a
brief summary outlining the present composition of your work force.
L. CONTRACT DOCUMENTS
Consultant will provide a draft agreement for CGS to review. Agreement should include all services
as described in this RFP.
PROPOSAL SUBMITTAL
Six (6) copies of the proposal and one (1) electronic copy shall be submitted to:
If submitted by mail:
Alyce Benge, CPPO
Purchasing Manager
Purchasing Division of the City of
Clearwater
P.O. Box 4748
Clearwater, Florida 33758
If submitted in person:
Alyce Benge, CPPO
Purchasing Manager
Purchasing Division of the City of
Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Note: All copies must be submitted and received by the Purchasing Division no later than
10:00 AM EDT on Monday, September 15, 2014.
7
SELECTION COMMITTEE
The Selection Committee will consist of a minimum of five (5) employees from certain
departments within the City of Clearwater. The Committee will choose the top two (2) or three
(3) proposers, based on initial evaluation scoring of the RFP submittals, for a scheduled
presentation in Clearwater. RFP submittals and presentations will be scored based on the criteria
below:
Proposal Evaluation Criteria
1. Project Overview
2. Detailed Project Approach
3. Project Cost
4. Related Projects & References
5. Consultant Team
6. Project Schedule
Maximum Points
15
15
20
20
20
10
Total 100
The Consultant will be selected in accordance with the Proposal Evaluation Criteria identified
above. A final recommendation will be made by the selection panel, based on the technical
review and evaluation of the proposal and presentation. Negotiations will occur with the
responsible Consultant who provides the best overall response to the requirements of this RFP.
The selection of the Consultant and the negotiated Contract will be presented to our City Council
for approval. Written notification of the outcome of the selection process will be mailed to all
Consultants who submitted a proposal.
Proposers shall not be entitled to payment for any expenses incurred in the preparation of its
proposal.
TENTATIVE SCHEDULE
The following is a proposed schedule for this project. If participating Consultants find that the
schedule needs to be modified, indicate such in your proposal.
Milestone Dates
Request for Proposal (issued)…Aug 22
Proposals Due…………………Sept 15
Proposal Review & Evaluation..Sept 16 – 26
Presentations …………………..Sept 29 – Oct 3
Consultant Selected……………Oct 6
Contract Negotiation…………. Oct 6 – Oct 17
City Council Approval………...Nov 6
Provide work schedule………...Nov 10
Issue Report, including cost estimate for corrective action measures – February 2015
8
FAMILIARITY WITH LAWS
Each consultant shall be responsible for full and complete compliance with, and by submitting a
proposal certifies that it is familiar with, all federal, state and local laws, ordinances, rules and
regulations.
RFP INQUIRIES AND ADDENDA
Each proposer shall examine all RFP documents and shall judge all matters relating to the
adequacy of such documents. Any inquiries, suggestions or requests concerning interpretation,
clarification, or additional information pertaining to the RFP shall be made in writing a minimum
of five (5) working days prior to the due date specified herein to City’s Purchasing Manager,
Alyce Benge, CPPO, at P.O. Box 4748, Clearwater, FL 33758-4748; or Fax (727) 562-4635.
Facsimiles must have a cover sheet which shall include, at a minimum, the proposer’s name,
address, RFP Number, number of pages transmitted, phone number, and facsimile number.
Inquiries may also be emailed to Alyce.Benge@MyClearwater.com.
Neither City nor CGS shall be responsible for oral interpretations given by any City or CGS
employee, representative, or others. The issuance of a written addendum is the only official
method whereby interpretation, clarification, or additional information may be given. If any
addenda are issued to this RFP, City/CGS will attempt to notify all proposers who have secured
the same. It shall be the responsibility of each proposer, however, to contact City’s Purchasing
Manager at (727) 562-4633 to determine if any addenda were issued and to make such addenda a
part of the proposal prior to the submission of a proposal.
APPROPRIATIONS CLAUSE
City, as a governmental entity, is subject to the appropriation of funds by its legislative body in
an amount sufficient to allow the continuation of its performance in accordance with the terms
and conditions of the Agreement for each and every fiscal year following the fiscal year in which
this contract is executed and entered into and for which the Agreement shall remain in effect.
Upon receipt of notice that sufficient funds are not available to continue its full and faithful
performance of the Agreement, City/CGS shall provide prompt written notice of such event.
Effective thirty (30) days after giving such notice or upon the expiration of the period of time for
which the funds were appropriated, whichever occurs first, City/CGS shall thereafter be released
of all further obligations in any way related to the Agreement.
PUBLIC ENTITIES CRIME STATEMENT
Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a
public entity, may not accept any proposal from, award any contract to, or transact any business
in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently
$35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from
9
the date that person or affiliate was placed on the convicted vendor list unless that person of
affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a
proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133
does not restrict your submission.
BID SECURITY
Each proposer/bidder must deposit a bid bond in the amount of ten percent (10%) of the total
annual cost referenced in the Proposal, made payable to the City of Clearwater, which sum will
serve as bid security and will be forfeited to the City of Clearwater as liquidated damages in the
event an award is made and the contract and bonds are not promptly and properly executed as
required. All proposals may be held for a period of 60 days after receipt. All certified checks,
except those accompanying the two (2) or three (3) lowest bids, will be returned by certified mail
to the unsuccessful bidders within fourteen (14) days after the date of the bid opening. (If the
signing of the contract be deferred for a period exceeding two (2) weeks, and the second low
bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees
his bid, he shall be permitted to do so). The certified checks accompanying the proposals
selected for presentations will be returned within three (3) days after the Owner and the
successful bidder have executed the contract. In the event no contract award is made within the
time limit specified, each certified check or bid bond will be returned upon the demand of the
proposer.
DRUG-FREE WORKPLACE REQUIREMENTS
In order to comply with Florida Statutes, all proposers will be required to complete a Drug Free
Workplace form (F.S. 287.087).
Preference will be given to businesses with drug-free workplace programs. Whenever two or
more proposals that are equal with respect to price, quality and service are received by the City
for the procurement of commodities or contractual services, a proposal received from a business
that certifies that it has implemented a drug-free workplace program shall be given preference in
the award process. Established procedures for processing tie proposals will be followed if none
of the tied proposers have a drug-free workplace program.
In addition, the Contractor agrees that it has in place, or will implement a Drug and Alcohol
Training and Testing Program for their employees that comply with the requirements of the
United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The
contractor will also furnish quarterly statistical reports to CGS to show active compliance during
term of contract.
The Contractor further agrees to allow access to its property and records by the Human
Resources Director, or appointed designee, of the City of Clearwater. The Contractor will permit
representatives of state or federal agencies who monitor the compliance of Drug and Alcohol
rules/regulations access to its property and records. The contractor shall furnish quarterly
statistical reports to the Operations Coordinator during term of contract.
10
Said program shall provide pre-employment, random, for cause and post accident drug training
and testing (alcohol for cause testing) for all of its employees as required by Federal regulations
and who are assigned to perform services for Clearwater Gas System.
The contractor shall attest in writing, the following:
1. That the contracting firm has an agreement with a drug testing laboratory certified
by HHS/NIDA and an alcohol testing facility;
2. The name and address of the Medical Review Officer retained by the contractor
for the drug and alcohol testing program;
3. That all employees of the contractor have been drug tested pre-employment; and
4. That all employees covered by the US Department of Transportation Regulation
199 receive random, for cause and post accident drug testing and alcohol testing
for cause pursuant to such regulation.
Prior to doing any work for CGS, the vendor will submit a copy of their current Drug and
Alcohol Testing Policy. This policy should be included in their Proposal.
OPERATOR QUALIFICATION
Contractor employees and their subcontractors must meet the requirements and intent of the
Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809
relating to “Operator Qualification” with mandatory knowledge, skill and abilities, training to
be completed by November 30, 2014. The contractor must state in writing that their Operator
Qualification plan is in conformance with the intent of Federal Operator Qualification
Regulations and is at least equal to and applicable to Clearwater Gas Syst em’s ASME B31Q
Operator Qualification Plan. OQ and all Training Documentation shall be furnished upon
request. The Contractor’s Operator Qualification Plan must also explain how their employees
have the ability to identify and react to natural gas related Abnormal Operating Conditions that
may be encountered while working on the gas pipeline facility. Contractor Employee Operator
Qualification, Knowledge, Skill and Ability records will be kept for a 5 year period.
BID PROTEST PROCEDURE
Any actual or prospective proposer who is aggrieved in connection with the solicitation or award
of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager.
11
NO CORRECTIONS CLAUSE
Once a proposal is submitted, the City/CGS shall not accept any request by any proposer to
correct errors or omissions in any proposal submitted.
RETENTION/DISPOSAL OF RFP’S CLAUSE
City/CGS reserve the right to retain all proposals submitted for official record purposes and to
use any ideas in a proposal regardless of whether that proposal is selected. Submission of a
proposal indicates acceptance by the proposer of the conditions contained in this RFP and all
attached exhibits, unless clearly and specifically noted in the Agreement between City/CGS and
the selected proposer.
City/CGS also reserves the right to securely dispose of any or all copies of proposals. No copies
of proposals will be returned to the proposer.
LEGAL NAME CLAUSE
Proposals shall clearly indicate the legal name, address and t elephone number of the proposer
(company, firm, partnership, individual). Proposals shall be signed above the typed or printed
name and the title of the signer shall be indicated. To constitute a valid proposal, the signer must
have authority to bind the proposer to the submitted proposal.
OPENNESS OF PROCUREMENT CLAUSE
Written proposals, other submissions, correspondence, and all records made thereof, as well as
negotiations conducted pursuant to the RFP, shall be handled in compliance with Chapters 1 19
and 286 of Florida Statutes. Neither the City nor CGS shall give any assurance as to the
confidentiality of any portion of any proposal once submitted.
NO COLLUSION CLAUSE
By offering a submission to the RFP, the proposer certifies that the proposer has not divulged to,
discussed or compared his/her competitive proposal with other proposers and has not colluded
with any other proposers or parties to this competitive proposal whatsoever. Also, the proposer
certifies, and in case of joint competitive proposal each party thereto certifies as to its own
organization, that in connection with the competitive proposal:
a) any prices and/or cost data submitted have been arrived at independently, without
consultation, communication, or agreement, for the purpose of restricting competition, as
to any matter relating to such prices and/or cost data, with any other proposer or with any
competitor;
12
b) any price and/or cost data quoted for this competitive proposal have not been knowingly
disclosed by the proposer, directly or indirectly to any other proposer or competitor, prior
to the scheduled award of the contract;
c) no attempt has been made or will be made by the proposer to induce any other person or
firm to submit or not to submit a competitive proposal for the purpose of restricting
competition;
d) the only person or persons interested in this competitive proposal, principal or principals
is/are named therein and no person, other than those named therein, has any interest in
this competitive proposal or in the Agreement to be entered into; and
e) no person or agency has been employed or retained to solicit or secure the Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or established commercial agencies
maintained by the proposer for the purpose of doing business.
QUALIFICATIONS OF VENDORS
The Owner may make such investigations as necessary to determine the ability of the vendor to
perform the work, and the vendor shall furnish to the Owner any additional information and
financial data for this purpose as the Owner may require. If such an investigation fails to satisfy
the Owner that the vendor is properly qualified to complete the work described in the “Specific
Requirements” section of the RFP, the proposal may be rejected. In the event the vendor fails,
refuses, or neglects to submit the requested additional information within ten (10) days of the
date of any request for submission, the vendor’s proposal guarantee (Bid Security) shall be
forfeited to the use of the Owner, not as a penalty, but as liquidated damages.
In addition to qualifications previously set forth, no proposal will be considered unless the
bidder, whether resident or non-resident of Florida, is properly qualified to submit a proposal in
accordance with all applicable laws of the City, Pinellas County, and the State of Florida.
EXECUTION OF CONTRACT
The vendor to whom the contract is awarded must, within ten (10) calendar days following
Notice of Award, substitute the bid security for a surety performance and payment bond in the
amount of thirty per centum (30%) of the annual contract price of the work, conditioned that the
vendor will faithfully perform all work of this contract and promptly pay for all mate rials
furnished and labor supplied or performed in the execution of all work. All bonds and insurance
shall be issued by companies authorized to transact business in the State of Florida.
13
If the bidder to whom the contract is awarded fails to give bonds or execute the contract within
the time specified, the amount of the proposal guarantee shall be forfeited to the Owner, not as a
penalty but as liquidated damages.
TIME OF COMPLETION
The successful vendor shall commence work under contract on a date to be specified in a written
contract from the Owner or his authorized representative. The time of completion for this
contract will be twelve (12) months from contract execution. The Contractor shall have at
least two (2) weeks notice of this commencement date and shall fully complete the work
described in the Contract and specifications listed in vendor’s proposal, prior to the completion
date.
If the Contractor fails to commence work within two (2) weeks of the announcement of the
official starting date, this shall be just cause for the annulment of the contract.
INSURANCE REQUIREMENTS
The Vendor shall, at its own cost and expense, acquire and maintain (and cause any Contractors
and Subcontractors to acquire and maintain) during the term with the City, sufficient insurance to
adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier
having an AM Best Rating of A-VII or better and licensed or eligible to do business in the State
of Florida. Specifically the Vendor must carry the following minimum types and amounts of
insurance on an occurrence basis or in the case of coverage that cannot be obtained on an
occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three
(3) year tail following the termination or expiration of this Agreement:
1. Commercial General Liability Insurance including but not limited to, premises
operations, products/completed operations, products liability, contractual liability,
independent Vendors, personal injury and advertising injury, in the minimum amount
of $1,000,000 per occurrence and $2,000,000 general aggregate, and $2,000,000
products/completed operation aggregate.
2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 combined
single limit.
14
3. Statutory Workers’ Compensation Insurance in accordance with the laws of the
State of Florida, and Employer’s Liability Insurance in the minimum amount of
$100,000 each employee each accident, $100,000 each employee by disease and
$500,000 aggregate by disease with benefits afforded under the laws of the State of
Florida. Coverage should include Voluntary Compensation and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage
must be applicable to employees, Contractors, and Subcontractors, if any.
4. Professional Liability/Malpractice/Errors or Omissions Insurance coverage
appropriate for the type of business engaged in by the Vendor with minimum limits of
$1,000,000 per occurrence. If a claims made form of coverage is provided, the
retroactive date of coverage shall be no later than the inception date of claims made
coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage
shall be extended beyond the policy year either by a supplemental extended reporting
period (ERP) of as great a duration as available, and with no less coverage and with
reinstated aggregate limits, or by requiring that any new policy provide a retroactive
date no later than the inception date of claims made coverage.
5. If the Vendor is using its own property or the property of City in connection with the
performance of its obligations under this Agreement, then Property Insurance on an
“All Risks” basis with replacement cost coverage for property and equipment in the
care, custody and control of others is required.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions:
1. The City must be specifically included as an “Additional insured” on the Commercial
Liability Insurance, Commercial Auto Liability Insurance, and Professional Liability
policies listed above, and as a “Loss Payee” on Vendor’s Property Insurance policy, if
applicable to the project per the above.
2. Prior to the execution of this Agreement, and then annually upon the anniversary
date(s) of the insurance policy’s renewal date(s), the Vendor will furnish the City
with a Certificate of Insurance evidencing the coverage’s set forth above and naming
15
the City as an “Additional Insured” with endorsement on the Vendor’s Commercial
General Liability Insurance, Commercial Auto Liability Insurance, and Professional
Liability Insurance policies listed above, and as a “Loss Payee” on the Vendor’s
Property Insurance policy, if applicable to the project per the above. In addition when
requested in writing from the City, Vendor will provide the City with certified copies
of all applicable policies. The addresses where such certificates and certified policies
shall be sent or delivered is as follows:
City of Clearwater
Attn: Clearwater Gas Services
P.O. Box 4748
Clearwater, FL 33758-4748
3. Vendor shall provide thirty (30) days written notice of any cancell ation, non-renewal,
termination, material change or reduction in coverage.
4. Vendor’s insurance as outlined above shall be primary and non-contributory coverage
for Vendor’s negligence.
5. Vendor shall defend, indemnify, save and hold the City harmless from any and all
claims, suits, judgments and liability for death, personal injury, bodily injury, or
property damage arising directly or indirectly including legal fees, court costs, or
other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City and/or State of Florida, and failure to request evidence of this
insurance shall not be construed as a waiver of Vendor’s obligation to provide the
insurance coverage specified.
INFORMALITY WAIVING/BID REJECTIONS CLAUSE
City/CGS may reject a proposal if:
a) The proposer misstates or conceals any material facts in the proposal; or
b) The proposal does not strictly conform to the law or requirements of the RFP.
The City of Clearwater reserves the right to waive any informalities or to accept or reject any
or all proposals in part or in total and award the contract in the best interest of the City.
16
PROPOSAL SUBMITTAL CERTIFICATION
TO: City of Clearwater (d/b/a Clearwater Gas System)
The following proposal is submitted in accordance with RFP #36-14, inviting proposals to be
received until Monday, September 15, 2014, for the “Consulting and Maintenance Services
for Operating a Cathodic Protection System Within a Natural Gas Distribution System”.
Having carefully examined the RFP document and being familiar with the various conditions of
the work, the undersigned herein agrees to furnish all materials required and to perform all labor
necessary to satisfactorily complete such work.
Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten
percent (10%) of the proposal cost total drawn upon the ________________________________
BANK and made payable to the City of Clearwater, to serve as bid security.
The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made
in the interest or in behalf of any person, firm, or corporation not herein named and that the
undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham
bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned
has not in any manner sought by collusion to secure for himself an advantage over any other
bidder.
ATTEST:
__________________________________
Bidder's Business Name
______________________________ By: ______________________________
Corporate Secretary Officer (or Principal)
__________________________________
Title
AFFIX CORPORATE SEAL,
if a corporation
Business Address:
____________________________
Business City/State/Zip Code
_________________________
Business Telephone Number
[GM14‐2064‐053/158246/1]
CONTRACT
This contract (“contract”) between CORRPRO Companies, Inc. (“CORRPRO”), and Clearwater Gas System
(“Client”), dated this ______ day of December, 2014.
Whereas, Client desires to engage CORRPRO to provide certain support services and/or material as described
herein (the “Work”); and
Whereas, CORRPRO has agreed to furnish the Work in accordance with the terms and conditions set forth in this
Contract; and
Now therefore, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the
receipt of which are hereby acknowledged, the Parties agree as follows:
1. SCOPE OF WORK. CORRPRO hereby engages Client, and CORRPRO hereby agrees to perform the Work
described on Exhibit B, (attached hereto and incorporated herein) in accordance with, and reasonably
inferable from, specifications, drawings and all Contract Documents.
2. COMPENSATION, COMMENCEMENT AND COMPLETION OF THE WORK. Compensation to CORRPRO for
the proper performance of the Work shall be according to Exhibit B hereto. Amounts paid to CORRPRO
hereunder shall constitute the sole and complete compensation for the performance of the Work. CORRPRO
shall complete performance of the Work within the agreed schedule set forth on Exhibit B unless the period for
performance has been modified in a writing signed by authorized representatives of CORRPRO and Client.
2.1 The Contract amount includes and Client shall pay, except as provided for below, all local, state, and federal
taxes, license fees, assessments and permit charges based upon or measured by the work to be done
hereunder, labor performed by Clients’ employees, materials furnished, and services rendered by its
employees, including, but not limited to, business license taxes, sales, use, occupation, gross receipts and
like taxes, arising out of the ownership, acquisition, furnishing, installation, inspections or use of materials,
equipment, or other personal property, or Clients’ furnishing labor or services in respect to the Work. Where
any such tax is to be separately stated or charged, the total of all items involved in the Work to be done
hereunder, and the added tax so separately stated or charged, shall not exceed the Contract price. Client
shall in no instance be responsible for CORRPRO’s corporate or employment taxes or any other taxes
imposed or resulting from the CORRPRO conducting its business.
CORRPRO agrees that persons employed by CORRPRO for purposes related to the performance of the
Work hereunder are not employees of the Client for any purpose whatsoever, including, but not limited to,
unemployment tax, social security contributions, income tax withholding or workers compensation, whether
local, state or federal. CORRPRO shall be solely liable to pay all such applicable taxes and professional
license fees which qualify its employees to perform as required hereunder.
3. TERMS AND CONDITIONS. The performance of the Work by CORRPRO to Client for the ultimate benefit of
the Client shall be pursuant to all Contract Documents, including the Prime Contract, the Terms and Conditions
attached hereto and incorporated herein as Exhibit A, all documents identified and referred to as part of Exhibit
B, and Insurance Requirements attached hererto and incorporated herein as Exhibit C. All of the foregoing
documents are referred to and fully incorporated herein as Contract Documents.
[GM14‐2064‐053/158246/1]
In witness whereof, the parties hereto have caused this Contract to be executed by their duly authorized
representatives as of the date first written above.
Corrpro Companies, Inc.
By:
Name:
Title:
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
Rev 03/2011
Exhibit A
1April 2005
[GM14‐2064‐053/158246/1]
Corrpro Companies, Inc.
STANDARD TERMS AND CONDITIONS
The performance of services and delivery of materials by Corrpro Companies, Inc. or its subsidiary (“Corrpro”) is subject to the
following Terms and Conditions:
1.0 Description of Professional Services. Corrpro will
provide corrosion control engineering, coatings, consulting,
inspection, installation, or technical services, along with
products and materials associated with the services, as
more fully described in the Services Agreement, Letter to
Commence Work and/or other Exhibits (collectively, the
“Agreement”).
2.0 Client Responsibilities.
2.1 Site information,permits, and approvals.
Client shall obtain or arrange required access rights, site
and surface information, approvals, permits, and licenses
for the engagement, other than professional and business
licenses required of Corrpro in the ordinary course of
business. If design/engineering services are included,
Client shall furnish complete and accurate relevant criteria,
to assist in such design/engineering as it has available in the
course of its business.
2.3 Safety, waste,pollutants.
(a) Client shall provide a safe work environment for those
activities performed by Corrpro at work sites other than
Corrpro’s facilities. Other than as may be required or
applicable to CORRPRO employees in the course of their
employment, Corrpro shall have no obligation with respect
to the means and methods of others or any health
or safety precautions required of others by regulatory
agencies.
(b) Client shall be responsible for ownership, releases,
transportation, clean up and disposal of waste materials or
pollutants.
3.0 Warranty.
Client and Corrpro agree that the warranties provided in
the Warranty Certificate attached as Exhibit C are the sole
and exclusive warranties applicable to the services,
products and materials covered by the Agreement. The
Warranty Certificate provisions shall take precedence and
govern over any additional or inconsistent term contained
in any Exhibit or other document, unless such additional or
inconsistent term is in writing signed by an authorized
representative of Corrpro and specifically states that such
term is intended to add to or modify the provisions of the
Warranty Certificate. In the event Client provides design
services, Corrpro shall not be liable for losses resulting
from design services.
4.0 Indemnification.
4.1 Corrpro. As to claims other than warranty claims
subject to paragraph 3.0, Corrpro agrees to indemnify
Client for Client’s losses to the extent caused by the
negligence of Corrpro and its employees or authorized
agents performing within the scope of their employment
or agency.
4.2 Client. Subject the limits of Section 768.28, Florida
Statutes, Client agrees to indemnify Corrpro for Corrpro’s
losses to the extent caused by the negligence of Client
and
its employees performing within the scope of their
employment. Notwithstanding anything contained herein to
the contrary, this indemnification provision shall not be
construed as a waiver of any immunity to which City is
entitled or the extent of any limitation of liability pursuant to §
768.28, Florida Statutes. Furthermore, this provision is not
intended to nor shall be interpreted as limiting or in any way
affecting any defense City may have under § 768.28, Florida
Statutes or as consent to be sued by third parties.
5.0 Insurance
Corrpro shall maintain general liability, professional liability,
and automotive liability insurance, and property insurance
covering Corrpro’s machinery and equipment, in
commercially reasonable amounts, and workers
compensation insurance coverage required by law. Such
insurance shall be subject to the coverage provisions,
limitations of liability, and other terms and conditions
contained in the applicable policies. Upon request Corrpro
will provide a certificate evidencing such insurance.
6.0 Confidentiality and Ownership Rights
6.1 Confidential Information. Subject to applicable law,
including but not limited to Chapter 119, Florida Statutes,
(Florida Public Records law) Client and Corrpro shall each
maintain the confidentiality of information specifically
designated as confidential by the party providing the
information, except as required by law.
6.2 Ownership Rights. External reports/deliverables
contemplated hereunder prepared for Client’s use shall
belong to Client. Ownership of all rights, including
copyrights, in internal reports, specifications,
drawings and other documents, including those in
electronic form, prepared by Corrpro shall belong to
Corrpro. Ownership in intellectual property rights, including
patentable and unpatentable inventions, methods,
Exhibit A
2April 2005
[GM14‐2064‐053/158246/1]
processes, copyrightable software or works, developed
by
or with Corrpro in connection with the engagement shall
belong to Corrpro.
7.0
Remedies
7.1 Opportunity to Cure. If any alleged breach, error,
omission or other circumstance giving rise to a claim
or
dispute arises, the injured party shall provide written
notice
to the other party providing reasonable details of the
facts and providing for a reasonable opportunity (up to 30
days) for the other party to remedy the problem.
7.2 Term and Termination of Agreement. The Agreement
commences as of the date of execution of the Services
Agreement or the Letter to Commence Work by authorized
representatives of both Corrpro and Client and continues
through the completion of the services and the final and
complete payment by Client to Corrpro for the services and
associated products or materials. If a claim or dispute
arises during the term of the Agreement and is not timely
remedied as provided in paragraph 7.1, the injured party
may terminate the Agreement upon written notice, provided
that Client shall remain responsible for paying
Compensation accrued to Corrpro through the date of
termination. If Client terminates the Agreement without
cause, Corrpro may recover the full amount of
Compensation contemplated in the Services Agreement
or Letter to Commence Work. If Client terminates the
Agreement for cause, Corrpro shall be entitlited to all monies
earned to the date of the termination.
7.3 Dispute Resolution. Corrpro's claims solely for past
due Compensation are, at Corrpro's sole option, not
subject to the mediation and arbitration provisions below
except and unless, prior to Corrpro's commencing a
collection action, Client has provided written notice to
Corrpro of an alleged breach of the Agreement as provided
in paragraph 7.1 above. The parties shall engage in
reasonable efforts (including a meeting of high ranking
management of the Client and Corrpro facilities involved) to
resolve any other claim or dispute not resolved timely
under paragraph 7.1 above, or other matters in question
arising out of or related to the Agreement. If not resolved,
such claim, dispute, or matter shall be submitted to non-
binding mediation under (unless the parties agree
otherwise) either the Construction Industry or Commercial
Mediation Rules of the American Arbitration Association. If
the mediation does not result in a settlement within 60 days
after service of a written demand for mediation, any
unresolved controversy or claim shall be settled by binding
arbitration, except that at Corrpro's option, Corrpro may
sue for past due Compensation. The arbitration shall be
under (unless the parties agree otherwise) either the
Construction Industry or Commercial Arbitration Rules then
7.4 In effect of the American Arbitration Association.
Judgment on the award may be entered in any court having
jurisdiction thereof. Mutual Limitation of Liability for Damages.
In addition to the limitations of liability set forth on the
Warranty Certificate and except as stated in this section 7.0,
neither party to the Agreement shall be responsible to the
other party for incidental, consequential, indirect,
punitive, or exemplary damages with respect to any
claims, disputes, or other matters in question arising out of
or relating to the Agreement or its termination, and Client
and Corrpro shall waive such damages.
8.0 OtherProvisions
(a) Compliance with laws. Client and Corrpro shall comply
with all applicable laws and regulations, including
environmental and safety laws applicable to the respective
operations of each, the Fair Labor Standards Act and other
laws concerning wages, hours, and equal employment
opportunity.
(b) Governing Laws. The Agreement shall be governed by
and construed in accordance with the laws of the State of
Florida excluding any conflict of laws provision which
would
refer to the law of another jurisdiction.
(c) Force Majeure. Neither party shall be liable for its
failure or delay in performance, other than the duty to pay
the Compensation earned, if due to circumstances beyond
its reasonable control including governmental action, fire,
flood, weather conditions, natural catastrophes, war, labor
troubles, or strikes.
(d) Assignment. The Agreement may not be assigned
without consent of the parties. Corrpro may utilize its
authorized representatives and subcontractors in
performing the Agreement. The Agreement shall be
binding upon and inure to the benefit of the parties'
successors and permitted assigns.
(e) Entire Agreement/Amendments. The Agreement, the
Warranty Certificate and the Exhibits constitute the
complete and entire understanding and agreement
between the parties with respect to the subject matter of
the Agreement. No prior or contemporaneous statement,
agreement, representation or warranty, oral or written, with
respect to the subject matter hereof, shall vary or modify
the written terms of the Agreement. The Agreement may
be amended only by a written document signed by both
parties.
(f) Headings. The headings in the Agreement and any
Exhibit are for ease of reference only and in no way define,
limit, construe or describe the scope or extent of such
section.
(g) In addition to all other contract requirements as provided
by law, the contractor executing this agreement agrees to
comply with public records law specifically to:
Exhibit A
3April 2005
[GM14‐2064‐053/158246/1]
(h) Keep and maintain public records that ordinarily and
necessarily would be required by the public agency in order to
perform the service being provided by the contractor
hereunder.
(i) Provide the public with access to public records on the same
terms and conditions that the public agency would provide the
records and at a cost that does not exceed the cost provided
for in Chapter 119, Florida Statutes, as may be amended from
time to time, or as otherwise provided by law.
(j) Ensure that the public records that are exempt or confidential
and exempt from public records disclosure requirements are
not disclosed except as authorized by law.
(k) Meet all requirements for retaining public records and transfer,
at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure
requirements. All records stored electronically must be
provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
(l) The contractor hereby acknowledges and agrees that if the
contractor does not comply with a public records request, the
public agency shall enforce the contract provisions in
accordance with the contract.
END of Exhibit A
Contract Exhibit B
Exhibit B – Page 1
Rev 03/2011
[GM14‐2064‐053/158246/1]
.
Contract Documents – Expanded Description of Services
Schedule of Work – Payment Terms – Notices
[√ If applicable]
Contract Documents: The attached document(s), with the following titles (latest date or revision unless otherwise
indicated) are Contract Documents:
Request for proposals City of Clearwater, Florida - RFP NO. 36-14 August 22, 2014
Expanded Description of Services: Detailed description of Work to be performed by Subcontractor:
The following outlines Corrpro’s proposed scope of work associated with the
evaluation process being performed as part of Clearwater Gas System (CGS)
cathodic protection project.
Methodology:
Corrpro intends to assign Michael Dammer as the primary engineer for the account.
As the lead engineer, Michael will provide the field services required to maintain
effective corrosion control for the gas distribution system. The effort will require close
interface with gas system personnel from a scheduling perspective, as well as
working together to troubleshoot and repair problems in the system.
The system maintenance will be carried out in a partnership arrangement with gas
company personnel. Proper operating ranges for each system will be established by
Corrpro. When systems are found outside of the proper range, Corrpro will work with
CGS personnel to determine the cause(s) and if corrective action is needed.
Maintenance of the cathodic protection systems also includes annual surveys for
evaluation to NACE criteria. This includes consideration for voltage drops other than
those across the structure to soil interface. In short, the surveys will be completed
with the rectifiers interrupted using GPS synchronized current interrupters. Annual
survey results will be documented in table form and provided along with a letter
format report describing the conclusions and recommendations for continued
corrosion control.
During the annual surveys, small repairs will typically be handled while the engineer is
still in the area. Repairs like fuse and stack replacements will often be handled and
mentioned in the reports. Clearing electrical shorts on the line found during the
surveys will be coordinated with gas company field crews.
Contract Exhibit B
Exhibit B – Page 2
Rev 03/2011
[GM14‐2064‐053/158246/1]
One key area where support may be needed is in locating and resolving DC
interference on the gas system. The interference may be caused by other gas
systems, but may also be caused by underground storage tank systems operating at
local service stations. Recently there has been extensive testing in other regions to
resolve such conflicts.
Corrpro will support CGS to develop policies, testing procedures, protocols and
remedial documentation process required for compliance with Subpart I of 49
C.F.R. Part 192. This will include (but not limited to):
- Developing procedures for the design, inspection, operation, and
maintenance of corrosion control systems to be executed under the direction
of the person in charge of the Corrosion Control Section or other as
designated who is qualified by education, training and experience in natural
gas pipeline facilities corrosion control methods, i.e. (192.453) (192.605
(b)(2)).
- Developing procedures for all cathodically protected pipelines are periodically
surveyed or monitored as required. Prompt remedial action is initiated (shop
work request) by the Corrosion Control Section to correct any deficiencies
indicated by the monitoring. Repair work progress and completion status is
tracked by the Corrosion Control Section and reports are generated and
distributed to each repair section supervision listing outstanding work to be
completed and duration of time since the work was requested, i.e. (192.465
(d)).
- Developing procedures to confirm all Corrosion Control Records are
maintained for as long as the pipeline remains in service. Corrosion
Control components and protected piping are recorded within Detail Main
Maps and Corrosion Control Maps. Other records systems that contain
test, survey, and inspection data to demonstrate that adequacy of corrosion
control measures include; Corrosion Test Station Record Cards, Corrosion Job
Files, Rectifier Inspection Record Cards, Short Main (lengths 100’ or less)
Potential Record Cards, and various computer data base records, i.e.
(192.491).
- Developing procedures for maps and records for Corrosion Control are
maintained by the Corrosion Control Section and Drafting for all
Distribution Operations main and services, and those associated with Gas
pipeline, i.e. (192.491).
Contract Exhibit B
Exhibit B – Page 3
Rev 03/2011
[GM14‐2064‐053/158246/1]
- Maps, drawings and/or records of inspection and maintenance for
components in the distribution system that could be affected by corrosion are
maintained by CGS personnel, i.e. (193.2625). The data would be
incorporated into GIS system.
- Developing cathodic protection system design and operation manuals, i.e.
(192.453).
A comprehensive field testing and data analysis would be executed to provide
detailed recommendation to CGS for complying with C.F.R. 192 requirements.
Corrpro will physically inspect and test all sections of the distribution piping
system in an effort to clearly define system integrity, program effectiveness and
recommend remedial action and/or procedural changes. Once these areas are
addressed, an overall evaluation of Clearwater Gas Company’s 2012 and 2013
cathodic protection data set will be conducted. An engineered approach will then be
developed to determine if it is necessary to conduct additional field testing.
Corrpro will develop a detailed procedure for Pipeline Integrity Evaluation Strategy.
As part of Evaluation Strategy, Corrpro will assist CGS to establish a
comprehensive protocol to categorize the piping systems based on potential
polarization and leak history. The categorization of the pipeline systems will
facilitate CGS to evaluate and assess cathodic protection (CP) systems and
ensure an effective CP program. In particular, first emphasis will be placed on the
following areas:
All pipe sections with sub-criteria potential, > -0.85v, and a corrosion leak
history (Category A)
All pipe sections with sub-criteria potential and no leak history (Category B)
All pipe sections with marginal potential, -0.85v to -0.90v, and a corrosion leak
history (Category C)
All pipe sections with < -0.90v and a corrosion leak history of 3 or more
leaks (Category D)
To determine the existing condition of the pipeline system, a wide array of assessment
tools, field test equipment and methodologies will be required to meet the
established goals and objectives. During the field assessments, weekly progress
reports and monthly field test reports will be submitted to CGS.
Location sheets of planned activities for the each week will be provided to the
Company prior to the start of each work week.
Contract Exhibit B
Exhibit B – Page 4
Rev 03/2011
[GM14‐2064‐053/158246/1]
Periodic meetings will be scheduled with key Clearwater Gas System personnel to
ensure close communication, proper compilation of data, engineering analysis of the
data and preparation of graphs and charts. A subsequent meeting with the
Commission will be scheduled and Corrpro’s Principal Engineer and Project Manager
will be made available as deemed appropriate by Clearwater Gas System.
Using sound engineering judgment, Corrpro will choose the appropriate
tasks/tools from the list below that are considered necessary to determine the
health of the system and make recommendations on each system evaluated and
assessed.
1) Potential Mapping – Whereas close interval surveys are likely not cost
effective or practical for the distribution piping systems being evaluated,
potential mapping is a viable assessment tool. The field engineers will
typically collect electrical potential measurements between the available test
stations at intervals not to exceed 100 feet between readings (unless a valid,
documented explanation is provided). Problem areas, direct connected
galvanic anodes, additional system appurtenances which are commonly
found between test points will also be mapped. The data collected will assist
in verifying the previously reviewed test data. Furthermore, the potential
mapping will serve as a valuable tool to identify sub-criterion measurements
as well as verify protected pipe sections, i.e. (C.F.R. 192.465 (e)(2)).
2) Identify the Adequacy of Test Points – The applicable state and federal
regulations indicate that an “adequate” number of test stations are required
to demonstrate the effectiveness of cathodic protection system. This broad
requirement will be considered in terms of test station frequency
determination. The potential mapping will be valuable in making this
determination and recommending, where necessary additional test points
are needed, i.e. (C.F.R. 192.469).
3) Current Requirement Measurements – Current requirement testing will be
conducted with the use of temporary ground-beds and a portable current
source. The data will be used to determine the actual current required to
achieve accepted levels of cathodic protection. This information will be
valuable, particularly on the pipe sections of sub-criterion protection as it will
help in determining the coating quality. Ultimately, this information will be used
to decide whether a system should be replaced or whether it can be
economically cathodically protected, i.e. (C.F.R. 192.483)
Contract Exhibit B
Exhibit B – Page 5
Rev 03/2011
[GM14‐2064‐053/158246/1]
4) Electrical Continuity Measurements – Continuity measurements will be
obtained on suspected “shorted” piping and used as a verification tool.
Typically, if a cathodically protected system is electrically shorted to adjacent
or foreign metallic structures, the cathodic protection system is probably not
meeting accepted levels of corrosion control. Additionally, dielectric fittings
such as unions may be defective, which can negatively impact the system
integrity, i.e. (C.F.R. 192.471).
5) Resistivity Testing - In-situ soil resistivity measurements using the Wenner four-
electrode surface technique as described in ASTM G57 will be obtained
based upon a review of the cathodic protection data. Resistivity data is useful
in determining the corrosivity of an area which can significantly impact the
functionality of galvanic anodes, i.e. (C.F.R. 192.465 (e)(3)).
6) Anode Current Output – In practical and accessible areas, magnesium
anode current outputs will be obtained at test station locations. The values will
be used to determine the functionality of the anodes and to estimate their
remaining service life, i.e. (C.F.R. 192.465).
7) Identify Practicality of Achieving Protection by Means of Galvanic Anodes-
Based on the data analysis, associated soil resistivity measurements and
current requirement measurements, the effectiveness of using galvanic
anodes will be determined. This is especially useful in determining the
practicality of using a galvanic versus an impressed current system to
protect the pipe in question, i.e. (C.F.R. 192.487 & 192.489).
8) Verification and Collection of Pipe-to-Soil Data at Test Points – This method
will be utilized to verify the validity of all of the CP data as well as determine
the validity of the testing procedures. Test station data will also be taken
remotely at intervals of sufficient spacing and number to validate procedures
and annual CP survey data, i.e. (C.F.R. 192.465)
9) Electrical Isolation Testing – For systems requiring such action, above grade
flanges, dressers, couplings and insulated unions will be tested to determine
the integrity and effectiveness of their electrical isolation quality utilizing a Gas
Electronics #601. This device is capable of locating shorted bolts and can
evaluate partially shorted insulators. Underground insulators requiring such
action will be tested using, the Gas Electronics #701.
The results of this testing will be extremely valuable for troubleshooting pipe
sections, i.e. (C.F.R. 192.467).
Contract Exhibit B
Exhibit B – Page 6
Rev 03/2011
[GM14‐2064‐053/158246/1]
10) Verification of Annual CP Data – Many of the test methods listed above will
be utilized to determine and verify the validity of the previously collected
potential measurements. City of Clearwater Corrosion technicians will be
observed to verify proper use of equipment, including data loggers, half cells,
multi-meters, and other equipment used in the course of their respective
cathodic protection duties. Verification of proper use of equipment will also
include calibration and data collection procedures, i.e.
(C.F.R. 192.491).
The following are the defined deliverables for the Corrosion Program Evaluation:
a) Data Collection and Analysis
1) Produce weekly location sheets for Corrpro field activities prior to
commencement of the activities.
2) Produce weekly progress and monthly field test reports that
reference the work conducted and recommended remediation by
segment.
3) Schedule periodic conference call/meeting at two week intervals to
discuss findings and ensure close communication.
4) Produce a comprehensive report and detailed spreadsheet with
data compilation, graphs, and engineering analysis of each section of
pipe assessed.
5) Provide detailed recommendations for possible remediation
associated with each pipe sections.
6) Subsequent presentation to the Public Service Commission of the
State of Florida if requested.
7) Provide Operation and Maintenance (O&M) Manual for Clearwater
Gas System CP System.
8) Develop Evaluation Strategy protocol that will satisfy the
“Public Service Commission Requirements”. b) Post Corrective Action
After City of Clearwater has completed any recommended remediation
and/or corrective action, Corrpro’s Project Manager will conduct
verification of the cathodic protection system effectiveness and the
results of the corrective action. This condition assessment will provide the
assurance that the integrity of the cathodic protection is sound and that
effective corrosion control measures are currently in place.
Contract Exhibit B
Exhibit B – Page 7
Rev 03/2011
[GM14‐2064‐053/158246/1]
Although the evaluation scope is stated per the aforementioned, variances in field
conditions should allow latitude in terms of considering other assessment
techniques when necessary as approved by Clearwater Gas System. This
engineered approach and potential changes in assessment decisions will be
specific to the actual Clearwater Gas System conditions. At this juncture we do
not envision such changes in scope but experience has indicated that we should
approach the project with open-mindedness, allowing for technical adjustments
should we encounter different scenarios.
Contract Exhibit B
Exhibit B – Page 8
Rev 03/2011
[GM14‐2064‐053/158246/1]
Schedule of Work: Work will be performed in accordance with the schedule below:
Milestone Dates
Request for Proposal (issued)…Aug 22
Proposals Due…………………Sept 15
Proposal Review & Evaluation..Sept 16 – 26
Presentations …………………..Sept 29 – Oct 3
Consultant Selected……………Oct 6
Contract Negotiation…………. City Council
Approval………...Nov 20
Provide work schedule………...Nov 24
Schedule will be coordinated between CORRPRO and Client.
be:
Payment Terms: The amount and method of payment to Subcontractor for the proper performance of Work shall
A. Labor
Classification Rate Overtime
Principal Engineer (Walt Young) $120 /hr n/a
Project Manager (Michael Dammer) $95 / hr n/a
API Engineer P.E. $110 /hr n/a
Sr. Engineer (Michael Dammer) $95 /hr n/a
Field Engineer (Jim Bradford) $ 80 /hr n/a
Technician $ 62 /hr $ 93.00 /hr
Construction Superintendent $ 70 /hr n/a
Foreman $ 58 /hr $ 87.00 /hr
Operator $ 48 /hr $ 72.00 /hr
Laborer $ 35 /hr $ 52.50 /hr
Draftsman $ 50 /hr n/a
Data/Word Processing $ 35 /hr n/a
Coating Inspector $ 85 /hr $ 127.50 /hr
Inspector API 653/570/510 $ 95 /hr $ 142.50 /hr
CIS CREW / DCVG Crew (2-man) $ 2,100 / day n/a
CIS CREW / DCVG Crew (3-man) $ 3,150 / day n/a
B. Expenses
Meals 30/day/man
Room cost + 15%
Air Transportation cost + 15%
Equipment Rental cost + 15%
Subcontractor cost + 15%
Contract Exhibit B
Exhibit B – Page 9
Rev 03/2011
[GM14‐2064‐053/158246/1]
C. Equipment
Auto $0.505 cent/mile
Pickup $0.505 cent/mile
Utility Truck w/ tools $48/day + .505 cent/mile
Auger Truck w/ drill stem $60/day + .505 cent/mile
Backhoe w/trailer $225 / day
Trencher $200 / day
Directional Drill Rig $1000 / day
Jack Hammer (Electric) $75.00/day
Concrete Saw $125.00/day
Cut off Saw $65.00/day
Other equipment quoted as needed
D. Instruments
PCM Equipment $100 / day
GPS (sub-meter) $100 / day
CIS Equipment $150 / day
Notices:
Corrpro Companies, Inc.
Phone:
Fax:
Attention:
Subcontractor:
Phone:
Fax:
Attention:
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Contract Exhibit C
[GM14‐2064‐053/158246/1]
INSURANCE
CORRPRO shall, at its sole expense, secure and maintain in force while the contract is in effect, policies of insurance
of the following types:
1. Commercial General Liability Insurance including but not limited to, premises
operations, products/completed operations, products liability, contractual liability,
independent Vendors, personal injury and advertising injury, in the minimum amount of
$1,000,000 per occurrence and $2,000,000 general aggregate, and $2,000,000
products/completed operation aggregate.
2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 combined
single limit.
3. Statutory Workers’ Compensation Insurance in accordance with the laws of the State
of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000
each employee each accident, $100,000 each employee by disease and $500,000
aggregate by disease with benefits afforded under the laws of the State of Florida.
Coverage should include Voluntary Compensation and U.S. Longshoremen’s and
Harbor Worker’s Act coverage where applicable. Coverage must be applicable to
employees, Contractors, and Subcontractors, if any.
4. Professional Liability/ Errors or Omissions Insurance coverage appropriate for the
type of business engaged in by the Vendor with minimum limits of $1,000,000 per
occurrence. If a claims made form of coverage is provided, the retroactive date of
coverage shall be no later than the inception date of claims made coverage, unless prior
policy was extended indefinitely to cover prior acts. Coverage shall be extended
beyond the policy year either by a supplemental extended reporting period (ERP) of as
great a duration as available, and with no less coverage and with reinstated aggregate
limits, or by requiring that any new policy provide a retroactive date no later than the
inception date of claims made coverage.
Contract Exhibit C
[GM14‐2064‐053/158246/1]
5. If the Vendor is using its own property or the property of City in connection with the
performance of its obligations under this Agreement, then Property Insurance on an
“All Risks” basis with replacement cost coverage for property and equipment in the
care, custody and control of others is required.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions:
1. The City must be specifically included as an “Additional insured” on the Commercial
Liability Insurance and Commercial Auto Liability Insurance listed above, and as a
“Loss Payee” on Vendor’s Property Insurance policy, if applicable to the project per the
above.
2. Prior to the execution of this Agreement, and then annually upon the anniversary date(s)
of the insurance policy’s renewal date(s), the Vendor will furnish the City with a
Certificate of Insurance evidencing the coverage’s set forth above and naming the City
as an “Additional Insured” on the Vendor’s Commercial General Liability Insurance
Commercial Auto Liability Insurance, policies listed above, and as a “Loss Payee” on
the Vendor’s Property Insurance policy, if applicable to the project per the above. In
addition when requested in writing from the City, Vendor will provide the City with
certified copies of all applicable policies. The addresses where such certificates and
certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Clearwater Gas Services
P.O. Box 4748
Clearwater, FL 33758-4748
3. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
4. Vendor’s insurance as outlined above shall be primary and non-contributory coverage
for Vendor’s negligence.
Contract Exhibit C
[GM14‐2064‐053/158246/1]
5. Vendor shall defend, indemnify, save and hold the City harmless from any and all
claims, suits, judgments and liability for death, personal injury, bodily injury, or
property damage arising directly or indirectly including legal fees, court costs, or other
legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City and/or State of Florida, and failure to request evidence of this insurance
shall not be construed as a waiver of Vendor’s obligation to provide the insurance coverage
specified.
Rev 03/2011
Exhibit C – Page 1
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-684
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve a two-year renewal of the city paid life insurance benefit with the current carrier
(Unum) at an increase of 74.8% ($103,927) over the current budgeted cost and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The City currently provides life insurance coverage to employees: The coverage limits are:
CWA: One and one-half times annual salary up to a maximum of $50,000.
FOP and IAFF: $2500.
SAMP: $2500 plus one time annual salary (Voluntary benefit that is employee paid up
to 5 time’s annual salary).
The loss ratio on the basic life coverage was 215% with 12 claims for active employees and
41 retiree claims. A breakdown by insurance class is:
Base life
Paid Premium - $309,177
Paid Claims - $678,485 (11 claims)
Incurred Claims - $734,307 (Includes waiver clms and reserves)
Average claim - $61,680
Voluntary Life
Paid Premium - $163,371
Paid Claims - $150,000 (1 claim)
Incurred Claims - $249,037 (Includes waiver claims and reserves)
Average claim - $150,000
Retiree Life
Paid Premium - $47,753
Paid Claims - $41,036
The City Benefit consultant went to market to 15+ carriers and received only one response
(Voya) insurance. The current carrier matched the Voya bid.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a 1st quarter budget amendment allocating
Central Insurance Fund reserves in the amount of $103,927. The Central Insurance currently
has an estimated $8.3 million in available reserves.
Page 1 City of Clearwater Printed on 12/2/2014
File Number: ID#14-684
Page 2 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-557
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve an Engineer of Record (EOR) work order to URS Corporation in the amount of
$170,352 for the Resident Initiated Reclaimed Water Project - Phase II (14-0038-UT) and the
Raw Water Main Project (10-0039-UT), and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
This Agenda Item provides for engineering and design services for the construction of
new reclaimed water transmission and distribution mains in the Imperial Park Subdivision .
This is a resident initiated project and more than 50 percent of the property owners in the
project area have requested this service be extended to their neighborhood. Additionally
due to the similar nature of the work, the design and permitting of a raw water main of a
CSX crossing and SR 590 will be included for the brackish raw water transmission
system.
The goal of this and all other reclaimed water projects is to reduce the amount of potable
water and groundwater being used for irrigation and other non -potable uses. In addition,
expansion of the Reclaimed Water Distribution System in accordance with Reclaimed
Water Master Plan brings the City of Clearwater closer to achieving zero -discharge of
effluent to Tampa Bay and adjacent surface waters.
The work order provides for the design and bidding services of reclaimed water
distribution systems and their associated extensions of the reclaimed water transmission
system to 242 residential properties in Imperial Park Subdivision.
The work order also provides for the design and permitting of a raw water main of a CSX
crossing in Kapok Park and SR 590 between Virginia Lane and Mission Hills Boulevard .
These two locations are parts of the components which will transport the raw water to the
WTP under the RO No. 2 Plant Permitting and Development Project (10-0039-UT). The
adjacent constructed segments were designed by URS under a separate work order.
The design phase for Reclaimed Water Project - Phase II is anticipated to be complete by
June 2015, with the construction phase scheduled for beginning by September 2015.
URS Corporation is one of the City ’s Engineers-of-record, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
APPROPRIATION CODE AND AMOUNT:
0315-96739-561300-533-000-0000 $151,084
0327-96741-561300-533-000-0000 $ 19,268
Funding is available in Capital Improvement Program project 0315-96739, Reclaimed
Water Distribution System, in the amount of $151,084 and Utility Renewal and
Replacement project 0315-96741, System R&R - Capitalized, in the amount of $19,268
for total funding in the amount of $170,352.
Page 1 City of Clearwater Printed on 12/2/2014
File Number: ID#14-557
Page 2 City of Clearwater Printed on 12/2/2014
WO Initiation Form.docx 1 of 16 8/1/2014
URS CORPORATION SOUTHERN
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: October 22, 2014
Project Number: ___________
City Project Number: 14‐0038‐UT
Plan Set Number: ___________
1. PROJECT TITLE:
Resident Initiated Reclaimed Water Project ‐ Phase II
2. SCOPE OF SERVICES:
The project provides for the design and bidding services for the Imperial Way subdivision
reclaimed water distribution system and design and permitting of a CSX crossing in Kapok
Park via jack‐and‐bore of an 8‐inch raw water main and design and permitting of a section
of the same 8‐inch raw water main along SR 590 between Virginia Lane and Mission Hills
Blvd. This work order is based upon the understanding that approximately 12,600 feet of
reclaimed water distribution mains (4‐ and 6‐inch) will be designed and constructed as a
part of this project. This work order provides for: data collection, the development of the
60 percent plans and technical specifications, the development of the 90 percent plans and
technical specifications, the development of the 100 percent plans and technical
specifications, the development of final plans and technical specifications, one (1) public
involvement meeting (including preparation), bidding assistance and the development of
addenda required. The design plans shall be compiled using the City of Clearwater CAD
standards, as attached.
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I ‐ PRE‐DESIGN PHASE
Task 1‐ Kick Off Meeting
URS will convene a Kick Off Meeting with the CITY within one (1) week after the
Notice to Proceed. URS will develop the agenda for the Kick Off Meeting with input
from the CITY. The Kick Off Meeting will discuss and document the points of
contacts within the CITY and URS, communication protocol, data requirements, the
scope of work, project schedule, milestones and submittals, and other
miscellaneous issues.
URS will prepare minutes of the Kick Off Meeting and will distribute them to the
meeting attendees.
Task 2‐ Data Collection
URS will work with the CITY of collect existing data that will benefit the project.
Examples of data required are water and sewer atlases, record drawings of existing
reclaimed water facilities associated with the design of the project.
II ‐ DESIGN PHASE
Task 1‐ Survey
URS will perform the survey work required to develop the base information and
the horizontal/vertical control for the design and construction plans. The
approach involves field surveying of the full right‐of‐way.
A. Topographic, Tree, Utility & Jurisdiction Survey
1. Topographic Survey (12,600 L.F.)
a) Prepared in accordance with the minimum technical
standards as set forth in Chapter 5j‐17 Florida
Administrative Code.
b) Elevations within jurisdictional areas (if any) are not
included.
c) Spot elevations over the entire site on a 100‐foot grid
(approx) and in FDOT/County section 50 foot grid.
d) Mapping to extend full right‐of‐way.
e) Vertical datum will be NAVD 1988.
f) Right‐of‐way lines depicted as per tax maps, existing plats
and property corners as found in the field.
g) No title reports will be reviewed.
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h) Right‐of‐way takings not shown on tax maps will need to
be supplied by the client.
2. Tree Survey
a) Trees 4 inches in diameter breast high and larger will be
located showing common name and diameter.
b) The location of trees smaller than 4 inches or species not
protected (including ornamentals) is not included.
c) The location of trees within jurisdictional areas (if any) is
not included.
d) Tree canopies will be located.
3. Utility Survey
a. Locate surface evidence of utilities i.e. water valves,
manholes, storm structures, etc.
b. Inverts, pipe sizes and pipe material of accessible
structures will be obtained.
c. Utility provider atlases (if available) will be obtained and
utilized to depict the approximate location of underground
utility services.
d. This utility location methodology meets the requirements
of a quality level C as defined by the federal highway
administration. Utilizing this method it is not unusual to
find that 15 to 30 percent of the underground utilities are
either omitted or are plotted two feet or more in error.
Task 2‐ Geotechnical
The purpose of the geotechnical services is to provide subsurface soil conditions
and relevant geotechnical engineering properties as well as to provide
geotechnical recommendations to guide project design and construction. The
objective of the geotechnical study will be to obtain information concerning
subsurface conditions at within the project area in order to obtain data to base
engineering estimates and recommendations in each of the following areas:
Suitability of materials on‐site for use as backfill. Recommendations for
placement and compaction of approved fill materials.
General location and description of potentially deleterious materials discovered
in the borings, which may interfere with construction progress including existing
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fills or surficial organics. Identification of groundwater levels and estimation of
Seasonal High Groundwater Table (SHGWT) levels.
URS will review published soils and topographic information. This published
information will be obtained from the appropriate Florida Quadrangle Map
published by the United States Geological Survey (USGS), and the Soil Survey for
Pinellas County, published by the United States Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS).
URS will execute a program of subsurface exploration consisting of borings,
subsurface sampling and field testing. We plan to perform up to eighteen (18)
Standard Penetration Test (SPT) borings to a depth of 10 feet below existing
grade along the proposed pipeline alignments. The borings will be completed at
an average spacing of one boring per 500 to 1,000 linear feet of pipeline. In each
SPT boring, samples will be collected and SPT resistances will be measured
virtually continuously to the boring termination depth. In areas where access is
limited or utilities are present that limit the use of mechanized equipment, auger
borings may need to be substituted for the SPT borings.
URS will visually classify the samples in the laboratory using the American
Association of State Highway and Transportation Officials (AASHTO) soil
classification system. Identify soil conditions at each boring location
URS will prepare a formal engineering report in accordance with this proposal,
which summarizes the course of study pursued, the field data generated,
subsurface conditions encountered and our engineering recommendations in
each of the pertinent topic areas.
Task 3‐ Subsurface Utility Engineering
The location of potential utility conflicts is not known at this time. It is assumed
that up to twelve (12) utility conflicts will be encountered which will require
field verification by subsurface utility evaluation.
Task 4‐ Hydraulic Modelling
In order to properly size the RCW distribution piping and confirm that all RCW
connections will have adequate pressures, URS will prepare a hydraulic model for
the Imperial Way subdivision. CITY will provide the connecting pressures in the
existing 8” PVC RCW main running along Lakeview Rd. results from the hydraulic
modeling will be summarized in a Technical Memorandum.
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Task 5‐ Development of 60 Percent Plans and Technical Specifications
URS will develop the 60 percent completion level plans and technical specifications.
The plans will be plan view with detail bubbles for identified areas of potential
conflict or full profiles in areas that will require additional profile information (e.g.
Pinellas County ROW and/or FDOT ROW). The 60 percent plans will contain: a
cover sheet, general notes and index, survey data sheet, geotechnical information
and typical details. The 60 percent technical specifications will include those
specialty sections required for the project that are not within the CITY’s standard
specification sections. Also the 60 percent submittal will include a preliminary bid
form, measurement and payment section, and opinion of probable construction
cost.
URS will submit ten (10) sets of the 60 percent plans, technical specification
sections and opinion of probable construction cost to the CITY for review and
comment. URS will convene a 60 percent review meeting with the CITY to receive
review comments approximately two (2) weeks after the submission of the 60
percent documents to the CITY. URS will prepare and distribute minutes
(comments and responses) of the 60 percent review meeting to the attendees.
Task 6‐ Development of 90 Percent Plans and Technical Specifications
From the review of the 60 percent plans, technical specifications and opinion of
probable construction cost, URS will develop the 90 percent completion level plans
and technical specifications. The plans will be plan view with profile details for
identified areas of potential conflict or in areas that will require additional profile
information (e.g. Pinellas County ROW and/or FDOT ROW). The 90 percent plans
will contain: a cover sheet, general notes and index, survey data sheet,
geotechnical information and typical details. The 90 percent technical
specifications will include those specialty sections required for the project that are
not within the CITY’s standard specification sections. Also the 90 percent submittal
will include the bid form, measurement and payment section, and opinion of
probable construction cost.
URS will submit ten (10) sets of the 90 percent plans, technical specification
sections and opinion of probable construction cost to the CITY for review and
comment. URS will convene a 90 percent review meeting with the CITY to receive
review comments approximately two (2) weeks after the submission of the 90
percent documents to the CITY. URS will prepare and distribute minutes
(comments and responses) of the 90 percent review meeting to the attendees.
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III ‐ FINAL DESIGN PHASE
Task 1‐ Development of 100 Percent Plans and Technical Specifications
From the review of the 90 percent plans, technical specifications and opinion of
probable construction cost, URS will develop the 100 percent completion level
plans and technical specifications. The plans will be plan view with profile details
for identified areas of potential conflict or in areas that will require additional
profile information (e.g. Pinellas County ROW and/or FDOT ROW). The 100 percent
plans will contain: a cover sheet, general notes and index, survey data sheet,
geotechnical information and typical details. The 100 percent technical
specifications will include those specialty sections required for the project that are
not within the CITY’s standard specification sections. Also the 100 percent
submittal will include the bid form, measurement and payment section, and
opinion of probable construction cost.
The 100 percent submittal will be used as supporting information for Pinellas
County permit applications.
URS will submit ten (10) sets of the 100 percent plans, technical specification
sections and opinion of probable construction cost to the CITY for review and
comment. URS will convene a 100 percent review meeting with the CITY to receive
review comments approximately two (2) weeks after the submission of the 100
percent documents to the CITY. URS will prepare and distribute minutes
(comments and responses) of the 100 percent review meeting to the attendees.
Task 2‐ Development of Final Plans and Technical Specifications
From the review of the 100 percent plans, technical specifications and opinion of
probable construction cost, URS will develop the final plans and technical
specifications. The plans will be plan view with profile details for identified areas of
potential conflict or in areas that will require additional profile information (e.g.
Pinellas County ROW and/or FDOT ROW). The final plans and technical
specifications will be ready for advertisement by the CITY for bidding by general
utility contractors.
URS will submit two (2) sets of the final plans, and specifications and opinion of
probable construction cost to the CITY for review and comment. URS will also
submit the final plans and specifications in electronic form (AutoCAD for the final
plans and Word for the final specifications) and one signed and sealed original set
of plans. It is anticipated that the final plans and specifications will be used by the
CITY for bidding and construction of the project.
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IV ‐ BIDDING PHASE
Task 1‐ Attendance at Pre‐Bid Conference
URS will attend the pre‐bid conference. The purpose of URS attendance is to
answer technical questions with respect to the design. URS will not be responsible
for questions or providing information involving the contract between the CITY and
the contractor.
Task 2‐ Preparation of Addenda
URS will prepare up to two (2) addenda during the bid phase to formally answer
bidder’s technical questions, clarify issues or adjust the bid documents prior to the
bid opening.
Task 3‐ Preparation of Addenda
From the final issued for bid plans and technical specifications, URS will prepare a
Conformed Set of plans and technical specifications.
Task 4‐ Recommendation of Award
Following bid advertisement by the CITY, URS will review the bids submitted by the
contractors and provide an award recommendation to the CITY.
V – PUBLIC INVOLVEMENT
It is anticipated that one (1) public involvement meeting will be convened during
the design of the project. URS will attend the meeting if required and will prepare
a MS PowerPoint presentation for each meeting. It is anticipated that the URS
presentation will include project design and configuration information, anticipated
schedule of design and construction activities, and other pertinent information for
the public.
It is also anticipated that the CITY will conduct reclaimed water user interest
surveys within the reclaimed water distribution areas to gauge potential customer
connections. URS will assist the CITY with the surveys as required.
VI – MISSION HILLS RAW WATER MAIN
This task includes design and permitting of a CSX crossing in Kapok Park via jack‐and‐
bore of an 8‐inch raw water main and design and permitting of a section of the same
8‐inch raw water main along SR 590 between Virginia Lane and Mission Hills Blvd.
This task provides for: the development of the 90 percent plans and technical
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specifications, the development of final plans and technical specifications, bidding
assistance and the development of addenda required. The plans will be plan view
with profile. Survey will be provided by the CITY.
URS will execute a program of subsurface exploration following the same scope of
services as outlined in Task II above. URS will perform up to three (3) Standard
Penetration Test (SPT) borings; one SPT boring to a depth of 10 feet below existing
grade along the proposed pipeline alignment and two SPT borings to a depth of 30
feet below existing grade at the CSX crossing.
The location of potential utility conflicts is not known at this time. It is assumed that
up to two (2) utility conflicts will be encountered which will require field verification
by subsurface utility evaluation.
The 90 percent submittal will be used as supporting information for CSX and FDOT
permit applications. City will prepare the FDEP construction permit for the raw water
main. FDEP final clearance application will be a part of a separate work order.
URS will attend the pre‐bid conference. The purpose of URS attendance is to answer
technical questions with respect to the design. URS will not be responsible for
questions or providing information involving the contract between the CITY and the
contractor.
URS will prepare up to two (2) addenda during the bid phase to formally answer
bidder’s technical questions, clarify issues or adjust the bid documents prior to the
bid opening.
From the final issued for bid plans and technical specifications, URS will prepare a
Conformed Set of plans and technical specifications.
Following bid advertisement by the CITY, URS will review the bids submitted by the
contractors and provide an award recommendation to the CITY.
3. PROJECT GOALS:
The project goals are to design and construct new reclaimed water distribution systems for
the CITY to continue to expand its reclaimed water customer base and to increase the
amount of reclaimed water used to offset potable water demand for nonpotable uses.
Additionally the increased use of reclaimed water within the CITY will also help to reduce
the amount of treated effluent that is discharge to surface waters for disposal. In addition,
the project goal is to design and construct the remaining portions of the Mission Hills 8‐
inch raw water main.
The work products developed will include the 60‐, 90‐, 100‐percent plans and technical
specifications, a final bidding set of plans and specifications, opinions of probable
construction cost, survey electronic files, geotechnical report, regulatory permit
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applications. The plans will be drafted in AutoCAD and the text documents will be MS
Word documents. Any public information presentations will be in MS PowerPoint.
4. BUDGET:
Attachment “B” provides the fee estimate detail. This price includes all labor and
expenses anticipated to be incurred by URS Corporation Southern for the completion of
these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier
Basis, for a fee not to exceed One Hundred and Seventy Thousand Three Hundred and
Fifty Two Dollars ($170,352.00).
Permit application fees will be paid by the CITY.
5. SCHEDULE:
The design portion of the project is to be completed 180 days from issuance of notice‐to‐
proceed for the Imperial Way RCW System and 90 days for the Mission Hills Raw Water
Main. The schedule is based upon the assumption of the CITY reviews of the project work
products will be completed in two (2) weeks from the date of submission. The project
deliverables are to be phased as follows:
Imperial Way RCW System
60% Plans and Technical Specifications 90 calendar days
90% Plans and Technical Specifications 120 calendar days
100% Plans and Technical Specifications 150 calendar days
Final Construction Documents 180 calendar days
Bidding Assistance TBD
Mission Hills Raw Water Main
90% Plans and Technical Specifications 60 calendar days
Final Construction Documents 90 calendar days
Bidding Assistance TBD
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6. STAFF ASSIGNMENT (Consultant):
Officer‐in‐Charge: Dana K. Tallman, P.E.
Project Manager: Bozhidar Handjiev, P.E.
Engineer III: Laurel Rowse, E.I.
Senior Designer: Terry Sonnenberg
Admin Assistant: Lisa Woodard
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Bozhidar Handjiev, P.E. All City
project correspondence shall be directed to Khang Nguyen, E.I. with copies to others as
may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices for work performed shall be submitted monthly to the City of Clearwater,
Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748,
Clearwater, Florida 33758‐4748.
Imperial Way RCW 0315‐96739‐561300‐533‐000‐0000 $151,084
Mission Hills RWM 0327‐96741‐561300‐533‐000‐0000 $19,268
Invoice will clearly indicate what project is being billed.
9. INVOICING PROCEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
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will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY: APPROVED BY:
________________________ ________________________
Dana K. Tallman, PE, BCEE Michael D. Quillen, PE
Vice President City Engineer
URS Corporation Southern City of Clearwater
___________________ ___________________
Date Date
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Attachment “A”
WORK ORDER INITIATION FORM
CITY OF CLEARWATER DELIVERABLES STANDARDS
FORMAT:
The design plans shall be compiled utilizing one of the following standards:
City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting
documents when utilizing Consultant’s Standards).
DATUM:
Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical)
and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States
Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater
Engineering/Geographic Technology Division.
DELIVERABLES:
A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled
“ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic
plan copies in PDF and CAD and electronic contract documents in PDF and MS Word.
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved
otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format
together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings
attached, images and graphic files, custom fonts and shapes shall be included in hard copy and
electronic copy.
Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and
contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made
during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote.
Copies of each Addendum shall be included at the front of the contract and all revisions made during the
bid phase shall be incorporated into the Contract Documents.
Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word)
shall be provided prior to the City Council award date.
NOTES:
If approved deviation from using Clearwater CAD standards, the consultant shall include all
necessary information to aid in manipulating and printing/plotting the drawings. Please address
any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at
(727) 562‐4762 or email address: tom.mahony@myclearwater.com.
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Attachment “B”
IMPERIAL WAY RECLAIMED WATER PROJECT (XXX)
URS CORPORATION SOUTHERN
WORK ORDER INITIATION FORM
PROJECT BUDGET
Task Description Subconsultant Labor Total Services
1 Pre‐Design
1.1 Kick‐Off Meeting $1,716 $1,716
1.2 Data Collection $1,573 $1,573
$3,289
2 Design
2.1 Survey $48,200 $1,650 $49,850
2.2 Geotechnical $10,000 $1,650 $11,650
2.3 Subsurface Utility Engineering $8,450 $1,650 $10,100
2.4 Hydraulic Modelling $2,662 $2,662
2.5 Development of 60 Percent Plans & Specs $24,497 $24,497
2.6 Development of 90 Percent Plans & Specs $16,742 $16,742
$115,501
3 Final Design Plans and Specifications
3.1 Development of 100 Percent Plans & Specs $10,714 $10,714
3.2 Development of Final Plans & Specs $7,524 $7,524
$18,238
4 Bidding
4.1 Pre‐Bid Conference $506 $506
4.2 Preparation of Addenda $2,893 $2,893
4.3 Recommendation of Award $506 $506
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$3,905
5 Public Involvement
5.1 Public Involvement $8,151 $8,151
$8,151
6 Mission Hills Raw Water Main
6.1 Geotechnical $4,650 $0 $4,650
6.2 Subsurface Utility Engineering $1,500 $0 $1,500
6.3 Development of 90 Percent Plans & Specs $6,529 $6,529
6.4 Development of Final Plans & Specs $2,184 $2,184
6.5 Bidding Services $3,905 $3,905
$18,768
Subtotal, Labor and Subcontractors $167,852
Other Direct Costs (prints, photocopies, postage, etc.)
$2,500
(Not applicable to lump sum Work Orders)
Grand Total $170,352
Attachment “C”
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REVIEW PERIOD SUBMITTAL REQUIREMENTS
This list is intended as a guideline of the items to be completed at various levels of project completion.
The specific list for each project shall be finalized in the work order.
30% Construction Plans
Requirements for the 30% submittal shall include the following:
Cover Sheet,
Legend and Abbreviations per City standards,
Key Sheet,
Demolition Plans indicating existing improvements, utilities, and topography, and identification of
trees to be removed,
Preliminary layout of the proposed improvements, existing right‐of‐way and easements,
subdivision, block, and lot number, and plat book and page for adjacent parcels,
Engineer’s/Architect’s preliminary opinion of probable construction cost, based on the 30 %
submittal.
60% Construction Plans
In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the
following:
General Construction Notes related to best management practices, utilities, and other conditions
relevant to the project,
Typical pavement sections shall indicate typical cross sectional slopes, median improvements,
pavement requirements, right‐of‐way lines, sidewalks, curbs, gutters, and landscaped areas,
Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater
management structures, retaining walls, and related notes,
Erosion control and tree protection details, including best management practices applied to the
project,
Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV,
Detailed Cross Sections,
Wetland Planting Plans and Details,
Utility Plan including utility relocation/adjustment details indicating utility conflicts, relocation
design, proposed utility structures, and conflict manholes, design details, and specific profiles, if
required,
Permit Applications,
Estimated construction quantities,
Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the
60% design submittal, and
Engineer/Architect will review City’s standard technical specifications and modify or supplement as
necessary for the project.
Attachment “C”
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90% Construction Plans
The 90% construction plans shall include the design items required for the construction of the
project, including the special provisions and technical specifications. In addition to the items in the
60% submittal, requirements for the 90% submittal shall include the following:
a. Maintenance of Traffic Plan,
b. Structural plans, details, and calculations, including design and details of shallow
foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks,
and stability analyses for slopes and retaining walls,
c. Detailed construction quantities based upon 90% design,
d. Engineer’s/Architect’s updated opinion of probable construction cost and duration based
on the 90% design submittal, and
e. Technical specifications and Special Provisions.
Final (100%) Construction Documents
The 100% submittal shall address the City’s final review comments.
Engineering Projects prepared and/or submitted shall be reviewed and checked by a civil engineer
registered in the state of Florida as the Engineer of Record. The Engineer of Record shall sign, seal
and date the design calculations, technical specifications and contract drawings as required by
Florida law.
See Attachment “A” – Deliverables – for specific labeling requirements.
PROJECTLOCATION
KEENE RD
BELLEAIR RD
NURSERY RD
HERCULES AVE
LAKEVIEW RD
VIEWTOP DR
STANCEL DR
FAIRFIELD
DR
HUNT LN
HIGHFIELD DR
EASTFIELD D
R
BUGLE LN
BRENTWOOD DR
WEBER DR
HAMLIN DR
OAK LN
SEVER DR
DEXTER DR
HUNTER LN
WOODCREST AVE
BEVERLY DR
MAGNOLIA DR
SANDRA DR
BURNICE DR
MORROW DR
DOROTHY DR
BROOKSIDE RD
WHITACRE DR
IRVING
AVE
PENNY LN
DOUGLAS DR
BEVERLY CIR
KENDALL DR
REBECCA DR
JEFFORDS ST
WELLINGTON DR
FAULDS RD
OAKADIA DR
FOX CIR
MEADOW LN
REDCOAT LN
RIPON DR
OAK LAKE DR
NORTHWOOD DR
WOODLEY RD
LEES CT
ERNEST RD
NORMANDY RD
SOUTHWOOD LN
YULEE DR
GREAT OAK DR
UNIVERSITY DR
PRICE CIR
BELL
EAIR LN
EMERALD DR
BEL-KEENE DR
OAKADIA LN
GRACELYN DR
BELL CHEER DR
VIOLA DR
REGENT AVE
WINDING WAY
MEADOW DALE DR
WOODRUFF AVE
P
O
I
N
C
I
A
N
A
D
R
ALEMANDA DR
BROOKSIDE DR
RES
E
RV
E
B
LV
D
OAK GROVE DR
B E L L D R
C
A
N
T
E
R
B
U
R
Y
R
D
BELLEAIR CT
MARTHA LN
WINFIELD CIR
JEFFORDS ST
RIPON DR
FAULDS RD
WOODCREST AVE
DEXTER DR
MAGNOLIA DR
CANTERBURY RD
EMBASSY DR
AMBASSADOR DR
CORONET LN
DIPLOMAT DR
IMPERIAL WAY
KURT LN
ENVOY CT
ATTACHE CT
COLLEGE DR
UNIVERSITY CT
DRUM ST
CATALINA DR
BARCELONA DR
PLEASANT PK
W
Y
GATEWAY DR
GATEWAY DR
OXFORD DR
SEVARD AVE
WILLOWBRANCH AVE
WINFIELD RD
WINFIELD RD
LAKEVIEW RD
CANTERBURY RD
REB E CCA DR
S A N D R A D R
JEFFORDS ST
EMERALD DR
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM K_N N.T.S.308/316B 24-29s-15e08/18/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
14-0038-UT Reclaimed Water 2015Imperial Park
Document Path: V:\GIS\Engineering\Location Maps\14-0038-UT Reclaimed Water 2015 Imperial Park.mxd
PROJECTSITEPROJECTSITE
M ISSIO N HILLS
C O N D O ASS N.
SR 590
McMULLEN-BOOTH RD
ST. CROIX DR
ST. JOHN DR
CATHERINE DR
EDENWOOD ST
V
I
R
G
I
N
I
A
L
N
MOSS AVE
FAIRWOOD AVE
PARK TRAIL LN
GROVE DR
BAYVIEW AVE
MERRILL AVE
LAWRENCE DR
CALAMONDIN LN
EL TRINDAD DR
SUE DRSARAH DR
GLEN OAK AVE
GRAND VIEW AVE
GRAPEFRUIT CIR
LORI DR
GRANTWOOD AVE
JADEWOOD AVE
LAKE VISTA DR
KAPOK CIR
HOLLYWOOD AVE
BRIGADOON DR
KAPOK KOVE DR
THOMAS RD
ST. ANTHONY DR
KAPOK KOVE CIR
SAN MATEO ST
LEONARD DR
COUNTRY LN
TERRACE VIEW LN
DOVEWOOD ST
APPLEWOOD DR ABBEY CT
CANDLEWOOD ST
SAN BERNADINO ST
SPRING LAKE DR
HOMEWOOD ST
TERRACE DR
RUTH ECKERD HALL DR
LAKE CIR
SARAH DR
MISSION HILLS BLVD
MISSION DR
M I S S I O N D R
FLINT DR
FLINT DR
MISSION CIR
MISSION CIR
F E A T H E R D R
FEATHER DR
MELONWOOD AVE
ARROWHEAD CIR
N U T W O O D S T
KINGSWOOD DR
LEMONWOOD ST
ABBEY CRESCENT LN
NAVEL DR
CLEARWATER-SAFETY HARBOR DR
AVOCADO DR
KUMQUAT DR
BRIGADOON CIR
SHADDOCK DR
SAN JOSE ST
SAN PEDRO ST
KAPOK KOVE CT
BAYVIEW AVE
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.273B 08-29s-16e11/13/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
WATER TREATMENT PLANT #2RAW WATER TRANSMISSION MAIN EXTENTION
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-698
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Accept two Drainage Easements conveyed by owners of property at 20000 and 20162 US
Highway 19, North to improve an existing drainage ditch. (consent)
SUMMARY:
The City is planning improvements to a drainage ditch along the boundary of two adjacent
properties. Property at 20000 US Highway 19 North is owned by A. and S. Kulach, Inc. and is
the current location of Quality Inn Central Clearwater. Property at 20000 US Highway 19
North is owned and occupied by South Gate Home Owners, Inc. Both property owners have
agreed to donate a drainage easement to the City to improve the drainage feature.
Page 1 City of Clearwater Printed on 12/2/2014
Proposed Drain ag e Easem ents
US-19 N
DRUID RD
GULF-TO-BAY BLVD
BYPASS DR
SEVILLE BLVD
BURNICE DR
ALTIRA DR
TROPIC HILLS DR CARACAS AVE
FRUITLAND AVE
DRIFTWOOD AVE
EVERGLADES AVE
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.299B 18-29s-16e11/14/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Proposed D rainage Easement20000 & 20162 US Highway 19 N
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-699
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve a Work Order to Engineer of Record King Engineering Associates, Inc. for
Engineering Services for Clearwater Memorial Causeway Subaqueous Pipelines $336,746.00,
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The requested $336,746.00 authorization under this Work Order is for professional
engineering services for the, Design, Permitting, and Bidding of the Clearwater Memorial
Causeway Subaqueous Pipelines .
This project includes two separate pipelines: A replacement 20-inch sanitary sewer force main
across Clearwater Harbor from Bayway Blvd. to State Road 60 (approximately 2,500 feet),
and a new 20-inch pipeline across the Intracoastal Waterway from the Memorial Causeway to
Drew Street for future use as either a sanitary sewer force main, water main, or reclaimed
water main (approximately 2,700 feet).
Due to the critical nature of subaqueous pipelines, staff has been preparing contingency plans
to address a potential pipeline failure, which would cause utility service disruption to
Clearwater Beach, Island Estates and Sand Key. It has been determined that replacement of
the Bayway sewer main is advised and that we should install a back -up subaqueous pipeline
from the mainland to the causeway allowing staff the flexibility to quickly restore potable water,
sanitary sewer or reclaimed water service to the beach communities.
The replacement 20-inch force main will replace an existing sanitary sewer force main in the
same general location that is nearing the end of its useful life.
The new 20-inch pipeline will provide operational reliability and assurance in the event of a
pipeline failure or third party damage incident. This pipeline will allow for restoration of utility
service to Island Estates, Clearwater Beach and Sand Key in days rather than weeks in the
event of an emergency.
The scope of services includes the survey, design, environmental /ecological assessment,
Sovereign Submerged Land Easement, Public Information Meetings and bidding assistance.
King Engineering Associates, Inc. is an Engineer-of-Record for the City of Clearwater .
APPROPRIATION CODE AND AMOUNT:
0327-96665-561300-535-000-0000
Funding is available in Utility Renewal and Replacement project 0327-96665, Sanitary Sewer
R and R.
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King Engineering Associates, Inc.
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date:November 12, 2014
Project Number:2110-214-000
City Project Number:14-0041-UT
Plan Set Number:2014053
1.PROJECT TITLE:
Clearwater Memorial Causeway Subaqueous Pipelines Project
2.SCOPE OF SERVICES:
The City of Clearwater (City) has requested King Engineering Associates, Inc. (King) to design,
permit, and prepare construction plans for the installation of the following:
A replacement force main across Clearwater Harbor from Bayway Blvd. to State Road
(S.R.) 60 (approximately 2,500 LF);
A new 20-inch pipeline across the Intracoastal Waterway from the Memorial Causeway
to Drew Street; for future use as either a force main, water main, or reclaimed water
main (approximately 2,700 LF).
The existing force main across Clearwater Harbor from Bayway Blvd. to S.R. 60 is a 20-inch force
main. The original utilities that paralleled the Causeway included the following:
16-inch Molox Joint Water Main (1958)
20-inch Ball Joint Water Main (1991)
16-inch Cast Iron Water Main (1961)
20-inch Force Main (unknown age)
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In 1999, as part of the “Island Estates Reclaimed Water Main Project”, the City installed a new
16-inch ductile iron reclaimed watermain along the Causeway, connected it to the existing 16-
inch Molox Joint water main and converted the 16-inch Molox joint watermainto reclaimed
water service.
In 2003, the City installed several new pipelines parallel with the Causeway to Drew Street via
horizontal directional drill as follows:
20-inch HDPE Force Main (installed in 2003)
18-inch HDPE Water Main (installed in 2003)
18-inch HDPE Reclaimed WaterMain (installed in 2003)
6-inch HDPE Gas Main (installed in 2003)
As part of the work that was completed in 2003, the existing 16-inch Cast Iron Water Main
(1961)and the 20-inch Ball Joint Water Main (1991) were abandonedand the 20-inch force
main (unknown age)that is located on the south of the side the Causeway was grouted and
abandoned.
Therefore, the only utilities that are in-servicealong the Causeway are as follows:
20-inch HDPE Force Main (installed in 2003)
18-inch HDPE Water Main (installed in 2003)
18-inch HDPE Reclaimed WaterMain (installed in 2003)
6-inch HDPE Gas Main (installed in 2003)
ThisWork Order authorizes King to provide planning, design, permitting and other services
related topreparing Contract Documents for advertisement for public bid. The design plans will
be compiled using the City of Clearwater DeliverablesStandards, as referenced in Attachment
“A”.
I.PRE-DESIGN PHASE
Task 1.1 -Project Coordination
King will provide the following services throughout the Pre-Design and Final Design Phases:
A.Prepare a project specific Project Management Plan (PMP) establishing team members
and responsibilities, lines of communication, project delivery schedules and project
budgets.
B.Coordinate the activities of the King’s staff and subconsultants with those of the City
and administer communications among the project team members and with the City’s
staff.
C.Prepare for and attend status meetings during the30%, 60%, and 90% design phasesof
the work.
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D.Maintain and update monthly project schedules and status reports.
E.Administer a quality assurance program covering the technical work of the project team.
Task 1.2–Geotechnical Services
A geotechnical exploration program will be conducted within the project area. Specifically,
the geotechnical program scope includes:
A.Five (5) Standard Penetration Test (SPT) borings will be conducted in waterto a depth of
±50 feet below the mudline surface as follows:
Three (3)SPT boringslocated in the water between Bayway Blvd. and State Road
(S.R.) 60
Two (2) SPT borings located in the water between S.R. 60 and Drew Street
Four(4)SPT borings to a depth of 50 feet on the landward side of the project areaas
follows:
One (1) SPT boring located at the vacant lot on Bayway Blvd.
One(1)SPT boring located on the south side of S.R. 60and one (1) SBT boring on
the North side of S.R. 60 on the West side of the Intracoastal Waterway.
One (1) SPT boring adjacent to Drew Street
Laboratory classification tests will be performed on representative samples including
grainsize analyses, Atterberg limits and organic content tests. Corrosivity testing will not
be required.
B.The results of the field and laboratory studies will be included in a signed and sealed
geotechnical report. The report will also include recommendations for dewatering, an
evaluation of the suitabilityof existing soils forHDD,backfill purposes and
recommendations for compaction requirements.
Task 1.3–Surveying
Topographic survey services will perform in the areas listed below using the following
surveying methods:
The vacant lot on Bayway Blvd.: Conventional Ground Survey.
S.R. 60 tie-in: Conventional Ground Survey.
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Drew Street tie-in: Conventional Ground Survey.
The water bottom between Bayway Blvd. and S.R. 60: Bathymetry, 2,100 feet long
and 200 feet wide.
The North side of S.R. 60 West of the Intracoastal Waterway tie-in Conventional
Ground Survey.
The water bottom between Drew Street and the Causeway: Bathymetry, 1,500 feet
long and 200 feet wide.
A.The topographic survey will be referenced to the North American Vertical Datum of
1988 (vertical) and North American Datum of 1983/90 (horizontal) and made in
accordance with the Minimum Technical Standards set forth in Chapter 5J-17 of the
Florida Administrative Code. The survey will include the following:
Invert elevations and pipe sizes on manholes, storm drains and other structures
that are accessible according to the requirements of OSHA regulations.
Location of existing above ground utilities and above ground evidence of
underground utilities.
Above ground features within the proposed corridor, grade breaks, fences,
walls, driveways, trees 5” diameter and above (including tree canopies) and
outline bushes or shrubs. If a tree is beyond the right-of-way, but its canopy
extends into the right-of-way it will be located.
Establish temporary bench marks along the portion of the route, by
conventional methods utilizinglocal permanent bench marks as published by
National Geodetic Survey and the City of Clearwater.
Location of the right-of-way monumentation along the route.
Cross-sectioning the Intracoastal Waterway bottom at approximately 50 foot
intervals.
Establish the Mean High Water (MHW) Line Elevation at the Causeway, Bayway
Blvd. site and Drew St. site.
Development of a specific purpose jurisdictional survey for the wetland/surface
water and MHW lines.
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Development of a sketch and legal description for use in obtaining an easement
for the pipelines across the Intracoastal Waterway.
Development of a sketch and legal description for use in obtaining a temporary
construction easement at vacant lot on Bayway Blvd.
Locating land-based geotechnical test borings.
Task 1.4–Subsurface Utility Engineering and Utility Coordination
A.Subsurface Utility Engineering
Subsurface Utility Engineering (SUE) services will be provided to locate, confirm depth
and sizeofexisting utilities unable to be located by conventional surveying and in
potential conflict with the proposed pipeline alignment. A total of 20vacuum excavated
holes are included in the fees along with surveying in the hole locations.
B.Utility Coordination
Plans of the proposed pipeline alignments will be sent to utility companiesknown to be
in the project areaat 30, 60, 90 and 100 percent submittals. Utilities will be requested
to locate and draw their facilities on these plansor note “no conflicts” and return one
copy to King. This information will be combined with above ground visible data and SUE
data to estimate the location of existing utilities. Three (3) meetings have been included
to review the alignment with various utility ownersalong the pipeline alignment.
Task 1.5–Environmental Services
A.Preliminary Listed Species Assessment
King Environmental Scientists will conduct a preliminary ecological assessment of the
proposed project area, the purpose of which is to identify sensitive ecological features,
marine resources or potential listed species involvements as it relates to potential
permitting constraints forthe project. A brief memorandum of findings will be prepared
summarizing the results of the field reconnaissance and GIS or literature database
searchesalong with a preliminary determination of effect on implicated species. In the
event that initial or follow-up wildlife surveys detect the presence of listed species
within the project area, such that proposed project activities may affect such species, it
will be necessary to coordinate with the FWC, USFWS and/or other regulatory agencies
to determineif anyadditional surveys are required. Because the extent of these
subsequent surveys cannot be predicted at this time, they are not included in the
proposed fees.
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B.Jurisdictional Wetland/Surface Water Determination
King’sEnvironmental Scientists will locate and determine the approximate extent of
regulatory wetland/surface water jurisdiction within the project limits. Since the
proposed project is situated adjacent to (and under) the Intracoastal Waterway and
across portions of Clearwater Harbor, the extent of regulatory wetland/surface water
jurisdiction will minimally be established using the Mean High Water (MHW) elevation
in the vicinity of the project area. If preliminary field review reveals the presence of
wetlandsabove the established MHW elevational contour as shown on the plans, the
Kingwill delineate and GPS/survey locate such wetland areas inestablishingthe more
landward limits of regulatory jurisdiction as applicable based on local, state and federal
agency criteria.
Task 1.6–Preliminary Design Plans and Memorandum
A.Preliminary Design Plans
Preliminary Design Plans will be prepared. It is anticipated that these drawings will
include only plan views and will show pertinent survey data, jurisdictional lines,
apparent right-of-way lines, existing utility data, a proposed pipeline route, proposed
easements, interconnection points, and preliminary maintenance of traffic techniques.
The Preliminary Design Plans will serveas the 30% Design and will be submitted for City
review along with a PreliminaryDesign Memorandum discussed below.
B.King will develop a Preliminary Design Memorandum forthe proposed pipelines, which
will include and address the following:
Confirmation of existing pipeline configurations
Proposed alignments and alternatives considered
Materials of construction
Methods of construction (open cut, directional drill, etc.)and Horizontal Directional
Drill calculations
Construction staging/Construction phasing
Maintaining service during construction
Available rights-of-way and easements required
Summary of coordination with other utility owners
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Environmental impacts/considerations
Permitting requirements
Estimated construction costsand construction duration
The Preliminary Design Plans and Memorandum will be presented to the Cityand the
FDOT at a preliminary design briefing attended by King’s Project Manager,
Environmental Scientist and Project Engineer. Comments received will be incorporated
into the Preliminary Design Memorandum and the memorandum will be finalized.
Comments on the Preliminary Design Planswill be incorporated into the 60% Design
Documents.
II.FINAL DESIGN PHASE
Task 2.1–Design Document Development
King will develop biddable drawings and specifications for construction of the proposed
pipelines.
A.Final Design Plans, Technical Specifications andConstructionCost Estimate
Cover
Index and Notes
Stormwater Pollution Prevention Plan
Pipeline Key Sheet
Force Main1”=20’ Plan and Profiles (5sheets)
StandbyMain 1”=20’ Plan and Profiles(6sheets)
Interconnection Plans and Sections
Force Main System Details
StandbyMain System Details
Miscellaneous Details
Restoration Plans
Maintenance of Traffic and Pedestrian Control Plans
Documents will be submitted to the City at the 60% and 90% complete levels along with
estimates of probable construction costs. Front end technical specifications will be
developed using the City’s standard documents. King will meet with the City after each
submittal to review and respond to the City’s comments.
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Task 2.2–Permitting
King willprovide permitting services, which will includes attending pre-application meetings,
submitting permit application packages and responding to Requestsfor Additional
Information (RAI)to obtain the following permits:
A.Attend one (1)pre-application meetingswith FDEP, FDOT and the U.S. Army Corps of
Engineers
B.FDEP Application for a Specific Permit to ConstructPWS Components
C.FDEP Notification/Application For Constructing A Domestic Wastewater
Collection/Transmission System
D.FDOT Utility Permit
E.FDEP StateWide Environmental Resource Permit (SWERP)
F.FDEP Sovereign Submerged Land Easement
Activities located on sovereignty submerged lands (as defined in subsection 18-21.003,
F.A.C.,) typically require a proprietary authorization from the Board of Trustees of the
Internal Improvement Trust Fund (Board of Trustees) to use such lands under Chapter
253, F.S., and Chapter 18-21, F.A.C., and, if located in an aquatic preserve, Chapter 258,
F.S., and Chapter 18-18 or 18-20, F.A.C. When noticing is required under Section
253.115, F.S., for activities requiring a lease or easement in, on, or over state-owned
submerged lands, the FDEP in representing the Board of Trustees of the Internal
Improvement Trust Fund requires noticing of all property owners within a 500-foot
radius of the easement limits.
Based on preliminary record searches in the GIS databases that revealed no existing
easements present and the projects location within the Pinellas County Aquatic
Preserve, it is assumed that an FDEP Sovereign Submerged Land (SSL) Easement will be
required concurrent with the SWERP process. In support of obtaining the easement
King will perform the following:
Additional records search and coordination with FDEP SSL Division regarding a
determination of the extent of SSL involvement and the resulting proprietary
authorization required if any.
Prepare an aquatic resource assessment of the effected shoreline(s) and the
approximate extent of submerged aquatic vegetation (SAV) or other sensitive
marine resources present in the project corridor based on available agency mapping
products only(e.g. no in-water assessmentor mapping by King).
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Prepare a brief narrative within the SWERP application package to address the
required public interest criteria associated with obtaining authorization to use SSL
within an Aquatic Preserve.
Provide a list of names and addresses from the latest county tax assessment roll in
mailing label format to FDEP to facilitate their notification of all property owners
within a 500-foot radius of the proposed lease or easement boundary.
G.U.S. Army Corps of Engineers Nationwide Dredgeand Fill Permit
Because the proposed subaqueous crossing north of the Memorial Causeway Bridge will
traverse the Gulf Intracoastal Waterway (GICWW) a federally maintained channel,the
project falls under both the regulatory and proprietary jurisdiction of the U.S. Army
Corps of Engineers (USACE).
As a result, the Consultant will prepare an U.S. Army Corps of Engineers (USACE)
Nationwide Permit (NW 12) as appropriate in accordance with current Corps regulatory
guidelines and respond to up to two rounds ofagency questions necessary to obtain
approval for the permit. This task also includes coordination with the USACE
Jacksonville Office real estate and operations divisions related to design criteria
associated with GICWW easement requirements and hydrographic survey data. This
scope includes the preparation and submittal of the permit application, Corps
Preliminary JD Form and supporting narratives along with 8½” x 11" exhibits. In
addition, the Consultant will prepare an easement legal description and assist the City in
executing the required USACE Consent to Easement to use the Corpsof Engineers Right-
of-Way.
H.The following permit application fees have been included:
FDEP Notification/Application For Constructing A Domestic Wastewater
Collection/Transmission System: $500.00
FDEP Application for a Specific Permit to Construct PWS Components: $650.00
FDEP State Wide Environmental Resource Permit (SWERP): $1,500.00
In accordance with Section 166-248 of the Pinellas County Land Development Code, since
the proposed project will employ horizontal directional drill methods to facilitate a
subaqueous crossing of Waters of the Pinellas County such utility projects are considered
exempt from requirement to obtain a Dredge and Fill Permit from the Pinellas County Water
& Navigation Control Authority. It is further assumed that the project will not involve any
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activities having an impact to the water column or substrate within County, State or Federal
waters. Building permits and dewatering permitswill be obtained by the contractor.
Task 2.3–Public Relations Assistance
King will assist the Clearwater Public Communications Department by providing the
following services:
A.Attending two(2) Public Relations/Information meetings;
B.Assistance with developing handouts or flyers to be distributed by the City;
C.Preparing maps, exhibits and/or PowerPoint presentations for use at the above
meetings.
III.BIDDING PHASE
Task 3.1 -Bid Documents and Bidding and Award Assistance
King will assistthe City with advertisement, bidding and award of the project including:
A.Submitting final Bid Documents including:
Two (2)signed and sealed copies of the project drawings and technical
specifications;
One (1) unbound reproducible set of the technical specifications;
One (1) CD-ROM containing the project drawings in AutoCAD format and the
technical specifications in Word format;
One (1) CD-ROM containing the Bid Documents in PDF format;
The final Engineer’s Opinion of Probable Construction Costand construction
duration.
B.Attending the pre-bid meeting and site visit;
C.Preparing up to two (2) Addenda/answer questions;
D.Reviewing the bids, evaluating the apparent low bidder and providing recommendation
of contract award.
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Task 3.2 –Prepare Conformed Contract Documents
A.Prepare and submit four (4) signed and sealed sets of conformed contract documents
3.PROJECT GOALS:
Project deliverables will include the followingand those referenced in Attachment A:
1.Three (3) copies ofthe Preliminary Listed Species Assessment;
2.Three (3) copies of the Geotechnical Report;
3.Five (5) 24”x36” copies and two (2) 11”x17” copy of the 30% drawings;Five (5) copies of the
Preliminary Design Memorandum;One (1) CDROM containing the Plansand Preliminary
Design Memorandumin PDF format.
4.Five (5) 24”x36” copies and two (2) 11”x17” copy of the 60% drawings; Five (5) copies of the
60% Technical Specifications; One (1) CDROM containing the Plans and Technical
Specifications in PDF format.
5.Five (5) 24”x36” copies and two (2) 11”x17” copy of the 90% drawings;Five (5) copies of the
90% Technical Specifications; One (1) CDROM containing the Plans and Technical
Specifications in PDF format.
6.One (1) full copy of all permit application packages and RAI responses;
7.Bid Documents as described above.
8.Meeting minutes in PDF format by email.
4.BUDGET:
This price includes all labor and expenses anticipated to be incurred by King Engineering
Associates, Inc. for the completion of these tasks in accordance with Professional Services
Method “A” –Cost Times Multiplier Basis, for a fee not to exceedThreeHundredThirty-Six
Thousand Seven Hundred Forty-SixDollarsand Zero Cents($336,746).
5.SCHEDULE:
The project is to be completed 395days from issuance of notice-to-proceed. The project
deliverables are to be phased as follows:
30% construction plans 120calendar days
60% construction plans and permit applications 180calendar days
90% construction plans 365calendar days
Final construction documents 395calendar days
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6.STAFF ASSIGNMENT (Consultant):
Principal:Christopher F. Kuzler, P.E.
Project Manager:Loc P. Truong, P.E.
Project Engineers:Christopher High E.I., Timothy Palmer, E.I.
Designers:Mark Gladbach, Frank Paul, Chanta Sengaroun
Clerical:Paula Eldon
7.CORRESPONDENCE/REPORTING PROCEDURES:
Engineer’s/Architect’sproject correspondence shall be directed to:Loc P. Truong, P.E.
All City project correspondence shall be directed to: Kelly J. O'Brienwith copies to others as may
be appropriate.
8.INVOICING/FUNDING PROCEDURES:
Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.:Veronica Josef, Senior Staff Assistant,PO Box 4748, Clearwater, Florida
33758-4748.Contingency services will be billed as incurred only after written authorization is
provided by the City to proceed with those services.
City Invoicing Code: 0327-96665-561300-535-000-0000
9.INVOICING PROCEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A.Purchase Order Number and Contract Amount.
B.The time period (begin and end date) covered by the invoice.
C.A short narrative summary of activities completed in the time period.
D.Contract billing method –Lump Sum or Cost Times Multiplier.
E.If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F.If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10.SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
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PREPARED BY:APPROVED BY:
__________________________________________________________
Christopher F. Kuzler, P.E.Michael D. Quillen, PE
Sr. Vice President City Engineer
King Engineering Associates, Inc.City of Clearwater
______________________________________
Date Date
Attachment “A”
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WORK ORDER INITIATION FORM
CITY OF CLEARWATER DELIVERABLES STANDARDS
FORMAT:
The design plans shall be compiled utilizing one of the following standards:
City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting
documents when utilizing Consultant’s Standards).
DATUM:
Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical)
and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States
Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater
Engineering/Geographic Technology Division.
DELIVERABLES:
A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled
“ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic
plan copies in PDF and CAD and electroniccontract documents in PDF and MS Word.
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved
otherwise.The consultant shall also deliver all digital files in CAD drawing format and PDF format
together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings
attached, images and graphic files, custom fonts and shapes shall be included in hard copy and
electronic copy.
Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and
contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made
during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote.
Copies of each Addendum shall be included at the front of the contract and all revisions made during the
bid phase shall be incorporated into the Contract Documents.
Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word)
shall be provided prior to the City Council award date.
NOTES:
If approved deviation from usingClearwater CAD standards, theconsultant shall include all
necessary information to aid in manipulating and printing/plotting the drawings. Please address
any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at
(727) 562-4762 or email address:tom.mahony@myclearwater.com.
Attachment “C”
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Clearwater Memorial Causeway Subaqueous Force Main Project
King Engineering Associates, Inc.
WORK ORDER INITIATIONFORM
PROJECT BUDGET
Task Description Subconsultant
Services
Labor Total
I.Pre-Design
1.1 Project Coordination $20,509 $20,509
1.2 Geotechnical Services $36,800 $ 1,067 $37,867
1.3 Surveying Services $12,534 $48,090 $60,624
1.4 SUE and Utility Coordination $ 8,625 $ 9,165 $17,790
1.5 Environmental Services $11,493 $11,493
1.6 Preliminary Design Plans and Memorandum $26,791 $26,791
$175,074
II.Final Design Phase
2.1 Design Document Development $66,759
2.2 Permitting $ 46,427
2.3 Public Relations Assistance $ 5,093
$118,279
III.Bidding Phase
3.1 Bid & Award Services $ 10,116 $10,116
3.2 Conform Plans and Technical Specifications $ 2,664 $2,664
$12,780
Subtotal, Labor and Subcontractors $306,133
Contingency (10%)$30,613
Grand Total $336,746
RePLACEMENT 20"SANITARY SEW ERFORCE MAIN
NEW 20"PIPELINE
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ORANGE AVE
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LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM K_O N.T.S.285B/286A xx-xx-xx11/14/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
CLEARWATER MEMORIAL CAUSEWAYSUBAQUEOUS PIPELINES14-0041-UT
Document Path: V:\GIS\Engineering\Location Maps\20 SS subaqueous pipeline 14_0041_UT.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-687
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve Department of Environmental Protection (DEP) Agreement MV149 for CVA14-720,
Clean Vessel Act Grant Program funding for the operation, maintenance and repair of the
Clearwater Beach Marina pump out vessel and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
The DEP, under the Florida’s Clean Vessel Act Grant Program, makes provision for
reimbursement for the operation, maintenance and repair of the pump out vessel. Grant
funding has been approved in the amount of $12,015.66 (75% of project costs) through
December 17, 2015. The city match of $4,005.22 (25% of project costs) will be accounted for
in hourly wages and parts cost.
The City is required to conduct operation of the pump out vessel under a Pump out Station
Operational Plan that specifies hours of operation, maintenance principles, methods in
determining volume of material pumped including the use of flow meters as may be
necessary, information/educational materials on pump out operation and assurances that the
pump out vessel will be used solely for the collection of recreational boat sewage. A pump out
log is required each calendar quarter.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-695
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Approve a work order with Excergy Corporation of Denver Colorado, for a fee not to exceed
$170,715.00 for phase one (of three) in determining the feasibility of implementing Advanced
Metering Infrastructure, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater Public Utilities department is seeking to determine the feasibility of
implementing Advanced Metering Infrastructure (AMI) for potable, irrigation and reclaimed
water accounts, under City Project 14-0050-UT.
AMI is an integrated system of smart meters, communications networks, and data
management systems that enable two -way communication between the smart meter and a
utility company. The goal of an AMI is to provide utility companies with real -time data about
water consumption, which, in turn, allows utility companies to provide a higher level of service
to the customer. AMI would eliminate the need for manual, monthly meter reading.
In order to refine the direction of the city ’s AMI initiative, this Work Order with Excergy
Corporation addresses the initial phase only (first of 3), and includes:
-Evaluation and summary of the feasibility of alternative Automated Metering
Infrastructure (AMI) solutions;
-Business case development;
-Strategic assessment; and
-Summary of all related technology and associated financial packages available.
Based upon the City ’s evaluation of the results achieved from Excergy, the completion of
Phase I will be the basis for direction whether to proceed to a subsequent phase. Only if, in
the opinion of the City, it is determined to be in the City ’s continued best interest to pursue
AMI implementation, will Excergy be directed to proceed to the next phase through another
work order. Later, Excergy will be able to provide projected costs for Phases II and III. The
cost of equipment, hardware or software to implement AMI will be identified in a future phase.
Qualifications: Public Utilities, through the Purchasing department, published a Request for
Qualifications (RFQ 33-14) in June 2014. Eight companies responded. Using a formal rating
process, a review committee composed of representatives from Public Utilities, Utility
Customer Service, Information Technology, Engineering, and Finance departments. The
submittals were narrowed down to the top three, who were invited to return to make a formal
presentation to the review committee. Excergy Corporation was selected as the highest rated
presentation.
Page 1 City of Clearwater Printed on 12/2/2014
File Number: ID#14-695
APPROPRIATION CODE AND AMOUNT:
Funds are available in Fiscal Year 2015 Capital Improvement Program project 0315-96774,
Automated Meter Reading, for the amount of $170,715 to fund this work order.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 12/2/2014
Excergy Corporation
WORK ORDER INITIATION
FORM for the CITY OF
CLEARWATER
Date:December 5,2014
Project Number:
City Project Number:14-0050-UT
Plan Set Number:
1.PROJECT TITLE:
Advanced Metering Infrastructure –Phase I (Feasibility/Business Case/Strategic Assessment)
2.SCOPE OF SERVICES:
Project Summary:
Excergy will provide Advanced Metering Infrastructure (AMI) support and services through a
series of phases.This work order initiation is for Phase I only. The phases are:
PHASE I
Stage 1 -Evaluate and summarize the feasibility of alternative AMI solutions.
Stage 2 -Business Case Development.
Stage 3 -Strategic assessment;Summarize all related technology and associated financial
packages to refine direction of City’s AMI initiative.
PHASE II (Not included in this work order)
Stage 4 -Develop a Request for Proposal (RFP)for AMI system acquisition and installation;
Assist the City during the evaluation and scoring of Proposals submitted as result
of the RFP.
Stage 5 -Assist the City in contract negotiations with selected AMI vendor.
PHASE III (Not included in this work order)
Stage 6 -Strategy Formulation;Implementation Plans.
Stage 7 -Assist the City during installation and activation of the AMI system.
Stage 8 -Assist the City with IT interfaces.
2
PhasesI–IIIandStages1–8aboveingeneral,outlinetheExcergyservicestobeprovidedto
theCitysuchthattheCitycanprogressfrominitialfeasibilityanalysistofinalAMItechnology
implementation.This work order addresses Phase I only.ItisunderstoodthatCityevaluation
ofresultsachievedfromeachExcergycompletedStagewillbethebasisfordirectionto
proceedtothesubsequentphase;only,ifintheopinionoftheCity,itisdeterminedtobein
theCity’scontinuedbestintereststopursueAMIimplementation,willExcergybedirectedto
proceedtothenextphase.Thedesignplansshallbecompiledusing theapplicableCityof
ClearwaterDeliverablesStandards.
Detailed TasksandDeliverables (Phase I, Stages 1-3):
Task1: ProjectManagement
Followingthenoticetoproceed,ExcergywillholdanorganizationalKickoffSessionwithCityof
Clearwater’sprojectteamtoreviewprojectscope,requirements,deliverables,timetable,
reportingrelationships,andprojectmanagementtools;establishadetailedProjectPlanand
Schedule;anddeveloptheCommunicationsPlan.Wewilldiscusssensitivities,issues,and
concernsuniqueto CityofClearwaterthatwillneedtobeaddressedduringtheproject.Wewill
establishasetofprojectmanagementandreportingprotocols.
Priortothissession,Excergywillprovidearequestforbackgroundinformation,tobeusedas
inputfortheprocessanalysesandbusinesscasedevelopment,including:
Currentmeterreadingtechnologiesandcustomerinteractionprocessesandpolicies
Workloadandperformancestatistics
Meterpopulationsandmetermanagement
RelevantcharacteristicsofCityofClearwater’sbillingsystem,ratestructuresforeach
district,theassetmanagement/workordersystems,andCityofClearwater’sIT
environment
Conservation,nonrevenuewaterprograms,andwaterresourcemanagement
Other relevantbackgroundinformation
DuringtheKickoffSession,ExcergywillreviewthedatarequestwithCityofClearwater’steam
tounderstandwhatinformationisreadilyavailableandwhatinformationneedstobecompiled,
identifywhowillcompileit, andestablishatimetable,beingmindfulofthelimitationsonCityof
Clearwaterstafftime.And,workingwithCityofClearwater’steam,wewillidentifyCityof
Clearwaterstafftobeinterviewed(seeTask3)tohelpunderstandCityofClearwater’sdataand
issues,andestablishaninterviewschedule.Excergy will provide a preliminary discussion of
typical costs associated with a water AMI project to help validate Clearwater planning
assumptions. The thorough costs and benefits analysis will be performed in Task 10.
FollowingtheKickoffSession,theExcergyProjectManagerwillprovideaKickoffSession
SummaryforCityofClearwaterandExcergy,aswellastheProjectPlanandScheduleand
CommunicationsPlan.
3
Throughouttheproject,theExcergyProjectManagerwillmanagetheweeklyprojectstatus
cycleforCityofClearwater.Thiswillincludemeasurementofprojectprogress,performance
status,riskmanagement,itemsofconcern,andopenactionitems.Theseitemswillbemanaged
regularly,consistently tracked,andcommunicatedtotheCity’sprojectmanager.
Oncethebaselineisidentified,establishedanddocumentedattheProjectKickoffMeeting,any
changestotheprojectbaselinewillbemanagedthroughachangecontrolprocessthatusesa
ChangeControlBoard(CCB)tomanageanyunavoidablechange.TheCCBwilloverseechanges
thatarebeyondthescopeofthecontractualrequirementsforsoftware,documentation,
environment,andinterfaces,aswellaschangestotheStatementofWork(SOW)andcontract
milestones.TheCityofClearwaterorExcergyProjectManagerwillbringissuesrequiring
attentionanddirectiontotheCCB, includingscopeissuesarisingfromchangerequestsorissues
thataffectcontractmilestonesandrequirements.
Task1Meetings
►Asrequired
Task1Deliverables
►DetailedProjectPlanandSchedule
►BackgroundInformationRequest
►KickoffSessionSummary
►Weekly Status Reports
Task2: CommunicationsPlan
AMIbusinesscasestudiestendtobehighprofilesincesystemcostisnottrivialandAMIcan
significantlyimpactmanyoperations.CityofClearwateremployeesmaybeexposedtoa
significantamountofinformation(fromvendors,forexample), someofwhichcanbeconfusing.
Informationvoidsareoftenfilledbymisinformation.Therefore,managingproject
communicationswellisessential.Itisimportantthatallpersonswhoarepotentiallyaffectedby
theprojectbeinformedandhaveanopportunityforinput.WithCityofClearwater’sproject
team,wewillestablishguidelines,pointsofcontact,andthemethodstobeusedfor
communications.TheCommunicationsPlanshouldcoverdatagathering,proceduresfor
documentingmeetingsandworkshops,draftdocuments,andreviewtracking,andbalance
formality withcosteffectivenessandtimeliness.
Task2Meetings
►N/A
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Task2Deliverables
►CommunicationsPlan
Task3: Information AnalysisandStaffInterviews
Uponreceivingtherequestedbackgroundinformation,Excergywillreviewthedata.
Approximatelyoneweekafterreviewingbackgroundinformationprovidedby City of
Clearwater,Excergystaffwillconductupto12individualhour-longinterviewswithmanagersor
representativesofthefunctionalareaslikelytobeimpactedbyanAMIsystemasdeterminedby
theClearwaterProjectManager.TwoExcergystaffwillconductone-on-oneonsiteinterviews
withCityofClearwaterstaffattherateoftwointerviewsperhourconductedoverthecourseof
oneday.
TheseinterviewswillhelptoclarifythebackgroundinformationprovidedbyCityofClearwater
andidentifyindividualissuesandneeds,organizationalrequirementsand sensitivities,and
futurevisionsforleveragingAMIcapabilities.Thebackgroundinformationandinterviewswill
helpinassessingwhereAMIcouldgenerateeconomicandnon-economicbenefitsandcosts.
Onthedayimmediatelyfollowingtheinterviews,inaone-dayworkshopwiththeprojectteam,
Excergywillpresenttheconsolidatedobservationsfromtheinterviewstomakesurewehave
capturedandunderstandallimportantissuesandneeds.WewillreviewCityofClearwater’s
corporatestrategies;customerinteractions,operations,andwaterresourcemanagementvision
andgoals;regulatoryenvironment;existingissuesandconstraints(suchasworkforceand
capitalbudgetrequirements);andotherfactorsthatmightaffectanAMIproject.
Task3Meetings
►Upto12individualhour-longinterviewswithmanagersorrepresentativesofthe
functionalareaslikelytobeimpactedby anAMIsystem
►One-day workshoptopresentconsolidatedobservationsfrom interviews
Task3Deliverables
►Summary offindings,includingconsolidatedissues andneeds
Task4: SituationAnalysisandAMI-MDMS Technology Review
Aspartofaone-dayworkshoponsitewiththeCityofClearwater,Excergywillreviewcurrent
andemergingAMItechnologiesandbestpractices,andtheirrelativeadvantagesand
disadvantagesforCityofClearwater.Wearefamiliarwitheveryavailabletechnologyandwill
suggestthosethatappeartobemostalignedwithCityofClearwater’sobjectivesandoperating
environment.Additionalworkshoptopicstobeconsideredincludethefollowing:
►ThecurrentAMImarketplaceandtrends,andrelatedissuessuchasstandardsand
obsolescence
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►Communicationsanddatabackhaulsystems
►Interoperability oftheCityofClearwater’smetersandmajorAMIvendorofferings
►CustomerinteractionandoperationalapplicationsenabledbyAMI, andtheirinformation
requirements,aswellascharacteristicsofAMIdata(frequency,resolution,latency,success
rate,etc.)
►MeterdatamanagementandintegrationissuesbetweenanAMIsystemandCityof
Clearwater’sSAPbilling,newcustomerinterfaces,andhowAMI–Meter Data Management
System (MDMS)fitsintotheutility’sITarchitecture andplanning
►Advancesinwatermeteringtechnologies,includingelectromagneticandultrasonic
meters,andtheirimplicationsforbusinesscasesandforprocurementstrategies
►Availableacousticleakdetection(ALD)technologiesandtheirinteroperabilitywithAMI
systems
►Otheremergingtechnologies,suchasAMI-ormeter-basedsensors(e.g.,forwater
pressure)andactuators(e.g.,remotecontrolshut-offvalves),andtheirimplicationsforbusiness
cases
►Possibilitiesforcollaborationwithotherutilities(e.g.,gasandelectricutilities),including
economiesofscaleandinstitutionalconsiderations
►Variousimplementationanddeploymentstrategies
Followingthisworkshop,ExcergywillprovideadraftwhitepaperdiscussingAMItechnologyand
relatedconsiderationsforCityofClearwater.BasedoncommentsfromCityofClearwater,we
willrevisethisforincorporationintothebusinesscaseassessmentreport.
Task4Meetings
►CurrentandemergingAMI&MDMStechnologiesworkshop
Task4Deliverables
►AMI/MDMSTechnology whitepaper(draft)
Task5: AMICustomerInteraction ProcessAnalysis
AsafoundationfortheAMIrequirementsdefinitionandeconomicandfinancialanalyses,
ExcergywillleadCityofClearwaterstaffintwohalf-dayworkshopstomodelkeymeteringand
customerinteractionprocessesandpolicies,quantifypotentialbenefits,andidentifyother
benefits.Areastoexaminemayincludeon-cyclemeterreading,highbillinvestigations,move-
insandmove-outs,andcollections.Themodeling will focusondatarequirementsandkeypaths
ofinformationandworkflow.
BasedonAMIcapabilitiesandtheprojectteam’svisionoffuturecustomerinteraction,wewill
leadCityofClearwaterstaffinmodelingredesignedbusinessprocessesandestimatingthe
6
extenttowhichAMIcanstreamlineoperationsandenhanceservice.Theworkshopswillalso
exploreenhancedservicesfacilitatedbyAMI,suchas“watchdog”services.These
understandingsareessentialtobuildingacomprehensivebusinesscase.
Wewillprovideabriefanalysisofthedatarequiredtosupportspecificcustomerinteraction,
operations,conservation,andNon-revenuewater(NRW)managementfunctionsintermsofthe
frequencyofmetersampling,datatransmission,latency,synchronization,resolutionand
reliability recommendedfortheapplicationfunction.
Task5Meetings
►Twohalf-day Customerinteractionprocessmodelingandredesignworkshops
Task5Deliverables
►CustomerinteractionWorkshopSummary Memorandum
Task6: Distribution OperationsAnalysis
Excergystaffwillconductahalf-dayworkshop with CityofClearwaterdistribution system
managerstoreviewthepotentialcosts,savingsandotherbenefitsofimplementingAMI-based
distributionsystemmonitoring.Excergywilldocumenttheworkshop,providingabrief
assessmentofthepotentialcontributiontothebusinesscaseviaamemorandum.
Task6Meetings
►Half-day AMI-baseddistributionsystem monitoringworkshop
Task6Deliverables
►AMI-baseddistributionsystem monitoringworkshopsummarymemorandum
Task7: Conservation and Demand Management Analysis
Excergystaffwillconductahalf-dayworkshopwithappropriateCityofClearwaterconservation
anddemandmanagementstafftoreviewthepotentialcosts,savingsandotherbenefitsof
implementingAMI-basedconservationanddemandmanagementprocesses.Excergywill
documenttheworkshop,providingabriefassessmentofthepotentialcontribution to the
businesscaseviaamemorandum.
Task7Meetings
►ConservationandDemandManagementAnalysishalf day workshop
Task7Deliverables
►ConservationandDemandManagementSummary Memorandum
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Task8: Current SoftwareApplications, Integration, and Information Technology Assessment
ExcergywillreviewCityofClearwater’sexistinginformationsystemsandassociatedbusiness
processes,toidentifyareasofexistingsoftwarethatmustbemodifiedforeffectiveintegration
toachievethebenefitsofAMI.With CityofClearwaterstaff,wewillcreateaprovisional
applicationdevelopmentroadmapandanAMIintegrationscheme.Thiseffortisnotmeantto
specifyCityofClearwater’sITarchitecture;rathertosuggestdirections,futureneeds,andlevel
ofeffort.
Duringaone-dayworksessionwithCityofClearwaterstaff,wewilldiscusssystemintegration
challengesandopportunities,andthedecisionsthathavetobemade.WewillalsodiscussAMI
deploymentinterfaceplanning,emphasizingprojectcontrolbestpracticesandtools.Wewill
helpCityofClearwaterobjectivelyassessthereadinessofitssystemsandprocessestosupport
AMIdeploymentandcost-effectively manageAMIoperationandmaintenance.
Excergywilldrafttechnicalmemorandacoveringdatarequirements,suggestedintegration
requirements,andaprovisionalapplicationdevelopmentroadmapforreviewbyCityof
Clearwaterstaffandincorporationintothebusinesscaseassessment.
Task8Meetings
►Data andITintegrationworkshopforanalysisof“Asis”,“Tobe”and“Inthefuture”
Task8Deliverables
►TechnicalmemorandaonfunctionaldatarequirementsandAMIinformationintegration
►Provisionalapplicationdevelopmentroadmap
Task9: AMI/MDMS StrategicAlternatives
Basedon CityofClearwater’sorganizationaland strategicneeds,theprocessanalysisand
redesignexercises,andthesoftwareandITneedsdefinedinprevioustasks,Excergy willdevelop
asetofprovisionalAMIandMDMSstrategicalternatives.Strategicconsiderationsof
AMI/MDMSimplementationwillincludethefollowing:
►Choiceoftechnology
►CustomerTypes:TowhatextentshouldstrategiesadoptedinoneofCityofClearwater’s
customertypes(commercial/residential)bedifferentfromothers?
►SpeedofAMIdeploymentandTiming ofMDMSimplementation
►Projectmanagement:ShouldCityofClearwaterseekavendorturnkeysolution,engagea
projectmanagementfirm,orassumetheroleofgeneral contractor?
►Collaborativeopportunities:Arethereopportunitiestocollaboratewithneighboring
municipalutilitiesorenergy utilities?
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►Organizationalresources:WhatotherITprojects,strategicinitiatives,organizationaland
staffingchanges,etc.,mightimpactthetimingandextentofanAMIandMDMS
implementation?
WorkingwithCityofClearwater’steam,Excergywilldevelopassessmentsoftheseandother
areas.Wewilldiscusstheseinaone-dayRequirements/Strategiesworkshop,atwhichwewill
presentpreliminary recommendations.
Basedontheworkshop,wewillrevisetherequirementsandpreliminarystrategy
recommendations.Thesewillform thebasisfordevelopingthebenefit/costmodels.
Task9Meetings
►One-day Requirements/StrategiesWorkshop
Task9Deliverables
►AMI/MDMSrequirementsandstrategy recommendationsreport
Task10:EconomicandFinancialAnalysis
BasedontheanalysisandreviewofCityofClearwater’sdata,aswellasrecentAMIandMDMS
systemcostdata,wewilldevelopahighlevelbenefit/costmodelofthemajorscenarios
identifiedinTask9.The modelwillincorporate thefollowing:
►Capitalcoststoincludenewmetersorregisters,salvageonoldmeters,MeterInterface
Units(MIUs),collectorsandrepeaters,controlhardwareandsoftware,themeterdata
managementsystem,integrationwithexistingsystems,installationandprojectmanagement,
core applicationdevelopment,andincidentalcosts.
►Operationsandmaintenance(O&M) costs toincludeData Concentrator Unit(DCU)power,
backhaulcommunications,softwarelicensing,applicationmanagement,systemoperatorcosts,
fieldservicetorepairfailedcomponents,periodicfieldinspections,andstaffingfortamperand
theftfollow-up.Atypicallistofbusinesscaseelementsisshownbelow.Wemayincorporate
additionalcontributors toeconomicbenefitsandcostsidentifiedwithCity ofClearwaterstaff.
►ExcergywillreviewCityofClearwater’smeterpopulation,metertesting,andreplacement
schedulesinconstructingthebusinesscasetofactorineconomiesofscaleandother
applicablecostefficientstrategiesforAMIdeployment.
►DirectsavingsfromAMI,suchasothersavingsandcostsrelatedtomorecosteffective
conservationprograms,distributionsystemleakmanagement,revisionofcapitalconstruction
programs,orahostofotherareas.
9
TypicalElementsofAMIEconomic/FinancialAnalysis
Meterstobechangedorretrofitted Vehicleandothersavings
MeterandMIUcosts Reductionsin billing adjustments
Installationcosts,includinglidreplacement Under-registrationrecovery from meters
Salvageonoldmeters Distributionleakdetectionnetsavings
MetermaintenanceavoidedduringinstallationFinancingsavingsfrom CIP deferrals
Meterreadingcollectionequipment Environmentalsavings(Greenhouse
Gases (GHG),etc.)
Meterdatamanagementsystem Waterconservationsavings
Integrationcosts Multi-yearparameters
Projectmanagement Costandsavingsimpact(%)overtime
AnnualO&Mcosts,licensefees Cashflow
Personnel Depreciation/residualvalues
Netpresentvalue/IRR Legalandconsultingcosts
Trainingcosts Financingcosts
Communicationsandpublicity costs Discountedcashflowwithfinancing
Themodelwillcalculatecashflowineachyearoftheplanningperiod,netpresentvalue,and
otherfinancialmeasuresusedtocomparealternatives.
ExcergywillreviewthebusinesscaseanalyseswithCityofClearwaterinaone-dayworkshop
andrevisethemodelanalyseswhereappropriatebasedontheteam’scomments.Theanalyses
andaccompanyingnarrativewillform thecore oftheBusinessCaseReport.Excergy will
endeavor to complete the analysis as soon as practical to give the City insight to projected
financials before the end of Phase I.
Task10Meetings
►One-day BusinessCaseAnalysesReviewWorkshop
Task10Deliverables
►Highlevelmulti-periodeconomicandfinancialmodel
►Businesscasenarrative
Task11:MeterTechnologiesManagement
Excergywillincorporate ananalysisofCity ofClearwater’sexistingmeter populationandits
performanceintothebenefit/costanalysisof Task 10, anddevelopa set ofrecommendationsfor
meterprocurement,AMImeterconfiguration (readingresolution, frequencyoftransmissionand
sampling),meterretrofit,andreplacement.
10
Task11Meetings
►CollectionofinformationanddiscussionwiththeCityofClearwater’smetershop
Task11Deliverables
►AMI-basedmetertechnologiesmanagementrecommendationsreport
Task12:NoneconomicBenefits/Costs
Whileeconomic/financialmodelsdealwellwithonlyhard,directcostsandbenefits;abusiness
casemustalsoconsidersoftandindirectcostsandbenefits,suchasenhancedcustomer
satisfactionandconfidence,andreducedenvironmentalimpact.Aspartofthebusinesscase,
wewillincludeahighlevelreviewofthenon-economicfactors,includingTripleBottomLine
objectives,andidentifymajorindicatorsforeachcomponent(social,environmental,customer
service,employeedevelopment,etc.).
ExcergywillthenprovideCityofClearwaterawhitepapermemorandumonnoneconomic
benefitsandcosts.
Task12Meetings
►N/A
Task12Deliverables
►Whitepapermemorandum onnoneconomicbenefitsandcosts
Task13:DeploymentRecommendations
BasedontheeconomicandfinancialanalysesofthekeystrategiesdevelopedinTask9,wewill
developdraftrecommendationsregarding:
►Newtechnologies,ifany,thatareappropriateforthevariousdistrictsoroperatingunits
►The rate(s) of deployment, and in particular, acceleration over normal meter
replacement
►Projectmanagementandimplementationsupport
►Prerequisitesinsuchareasasinformationtechnology,CityofClearwater’sorganization,
customer-interactionpractices,etc.
We willpresentthesedraftrecommendationsina memorandum.Basedonfeedbackand
discussionswithCityofClearwaterstaff,wewill revisetherecommendationsmemorandum.
11
Task13Meetings
►Reviewanddiscussionwith CityofClearwaterProjectManagerpriortoreleaseof
Memorandum onAMIdeploymentrecommendations
Task13Deliverables
►Memorandum onAMIdeploymentrecommendations
Task14:Implementation Considerations
Basedontherecommendedstrategiesandbusinesscase,ExcergywillhelpCityofClearwater’s
teamprepareadraftimplementationplan.Wewillalsohelpprepareaprojectscheduleinthe
formofaGanttchartthatshowsthekeytasksandmilestonesforprojectprocurementand
deployment.Thiswillhelpidentifythepointsatwhichmonetaryandstaffingcommitmentsare
required.
Aspartofimplementationplanning,Excergywillprepareasuggestedprojectschedule,from
startofprocurementthroughdeployment.Ateachstage,wewillrecommendthefunctions
requiredforprojectmanagement(forexample,vendorselection,fieldinspections,
programming,acceptancetesting,etc.)andwhichfunctionscouldbeoutsourcedorprovidedby
thevendor,orshouldbehandledby CityofClearwaterstaff.These recommendations will be
incorporated and consistent with the economic analysis of Task 10.
ExcergywillprepareadraftImplementationPlanningReport,whichwillincludeaproject
procurementprocessanddeploymentscheduleandsuggestedstaffing.Wewillreviewthedraft
withCityofClearwaterstaffinaone-dayworkshop,andreviseitasnecessary.(Note:afinal
implementationplanisgenerally createdatthetimeoftechnology andvendorselection.)
Task14Meetings
►Implementationconsiderationsworkshop
Task14Deliverables
►Draftimplementationplanningwhitepaper
Task15:RiskAssessment
SinceanAMIprojectrequiressignificantcapitalinvestment,deliversmission-critical
information,andhasalongservicelife;riskassessmentandmanagementshouldbepartofa
comprehensiveAMIbusinesscaseanalysis,addressingtechnologicalrisksandbusinessrisks.
Aspartoftheimplementationconsiderations,wewilldevelopariskanalysisofrecommended
technologiesanddeploymentstrategies,identifyingpotentialrisksateachstageintheproject,
theirlikelihood,impact,andsuggestedmanagementstrategies(mitigation,prevention,or
acceptance).
Task15Meetings
►N/A
12
Task15Deliverables
►Riskassessmentmemorandum
Task16:Consolidated Report
ExcergywillcompilethecomponentsdevelopedintheprevioustasksintoaDraftAMIFeasibility
Studyreport.MostoftheelementsofthisreportwillhavealreadybeenreviewedbyCityof
Clearwater’scoreteaminpriortasks.Thereportwillconsolidatethisworktocomprisea
companywideanddistrict-by-districtanalysisofallcostsandbenefitsofinstallingAMI.Aftera
finalreviewwithCity ofClearwater’score team,wewillfinalizethereport.
Task16Meetings
►ReviewanddiscussionwithCityofClearwaterProjectManagerontheDraftAMI
FeasibilityStudy Reporttoobtain&incorporatefeedbackpriortoreleaseofFinalAMIFeasibility
Report
Task16Deliverables
►DraftAMIFeasibility Study Report
►FinalAMIFeasibility Report
3.PROJECTGOALS:
Task1:ProjectManagementsupport.DetailedProjectPlanandSchedule,Background
InformationRequest,KickoffSessionSummary,Weekly Status Reports
Task2:CommunicationsPlan
Task3:Summary offindings,includingconsolidatedissuesandneeds
Task4:AMITechnology whitepaper(draft),MDMSTechnology whitepaper(draft)
Task5:CustomerinteractionWorkshopSummary Memorandum
Task6: AMI-baseddistributionsystem monitoringworkshopsummarymemorandum
Task7: ConservationandDemandManagementSummary Memorandum
Task8: Technicalmemorandaonfunctionaldatarequirements andAMIinformationintegration,
Provisionalapplicationdevelopmentroadmap
Task9: AMI/MDMSrequirementsandstrategy recommendationsreport
13
Task10:Highlevelmulti-periodeconomicandfinancialmodel,Businesscasenarrative
Task11:AMIbasedmetermanagementrecommendationsreport
Task12:Whitepapermemorandum onnoneconomicbenefitsandcosts
Task13:Memorandum onAMIdeploymentrecommendations
Task14:Draftimplementationplanningwhitepaper
Task15:Riskassessmentmemorandum
Task16:DraftAMIfeasibilitystudy report,FinalAMIfeasibility report
4.BUDGET:
ThispriceincludesalllaborandtravelexpensesanticipatedtobeincurredbyExcergy
CorporationforthecompletionofthesetasksinaccordancewithProfessionalServicesMethod
“A”–CostTimesMultiplierBasis,forafeenottoexceed onehundredseventythousandseven
hundredfifteendollars($170,715.00).Labor is estimated to be $152,715 and travel expenses at
$18,000. Excergy will minimize travel costs through local resources, government rates, and
remote work sessions wherever possible and agreed to by the Cityof Clearwater.
Milestone Description Due Amount
Task 1
Project
Management
Monthly Based
on Actual Time
and Expenses
$21,075.00
Task 2
Kickoff Session,
Data Request,
Information
Gathering,
Communications
Plan
Monthly Based
on Actual Time
and Expenses
$18,000.00
Task 3
Information
Analysis andStaff
Interviews
Monthly Based
on Actual Time
and Expenses
$21,720.00
Task 4
Situation Analysis
and AMI –MDMS
Technology
Review
Monthly Based
on Actual Time
and Expenses $11,595.00
Task 5
AMI Customer
Interaction
Process Analysis
Monthly Based
on Actual Time
and Expenses
$10,770.00
Task 6
Distribution
Operation Analysis
Monthly Based
on Actual Time
and Expenses
$7,500.00
14
Task 7
Conservation and
Demand
Management
Analysis
Monthly Based
on Actual Time
and Expenses $3,600.00
Task 8
Current Software
Applications,
Integration and
Information
Technology
Assessment
Monthly Based
on Actual Time
and Expenses
$18,610.00
Task 9
AMI-MDMS
Strategic
Alternatives
Monthly Based
on Actual Time
and Expenses
$6,825.00
Task 10
Economic and
Financial Analysis
Monthly Based
on Actual Time
and Expenses
$13,700.00
Task 11
Meter
Technologies
Management
Monthly Based
on Actual Time
and Expenses
$5,850.00
Task 12
Noneconomic
Benefits/Costs
Monthly Based
on Actual Time
and Expenses
$3,050.00
Task 13
Deployment
Recommendations
Monthly Based
on Actual Time
and Expenses
$3,600.00
Task 14
Implementation
Considerations
Monthly Based
on Actual Time
and Expenses
$3,640.00
Task 15
Risk Assessment Monthly Based
on Actual Time
and Expenses
$4,300.00
Task 16
Consolidated
Report
Monthly Based
on Actual Time
and Expenses
$16,880.00
15
Professional HourlyRate
Administrative $50.00
Tom Gallegos $225.00
Mark Johnson $225.00
John Sullivan $ 225.00
Gareth Thompson $225.00
Priscila Zardo $225.00
Lynn Adams $235.00
James Ketchledge $260.00
Don Schlenger $300.00
BillingandPaymentTerms
Excergy willinvoicetheCitymonthly forlaborandtravelexpenses.Paymenttermsarenetthirty
(30)days.Excergy reservestherighttochargeone andone-half(1.5%)percentpermonthor
themaximumratepermittedby law,whicheverisgreater,onany balanceremaining unpaid
afterthirty (30)days.
5.SCHEDULE:
The projectisanticipatedtostartonDecember 8,2014,andbecompletedby May 1,2015.A
detailedprojectscheduleisshowninAppendixA.
6.STAFFASSIGNMENT (Consultant):
Excergy staff assignments:
James Ketchledge, CEO: Principal in Charge/Quality Assurance
Priscila Zardo: Project Manager (Phases 1 & 2), Technical Lead for Phase 3
Lynn Adams, Executive Consultant: Business Process/ Organization
Mark Johnson, Principal Consultant: Economic Analysis
Gareth Thompson, Solution Architect: IT/ System Integration
Dr. Don Schlenger, Ph.D., Sr. Vice President –Water: AMI SME
Tom Gallegos, Principle Consultant: Meter Technologies Management
16
John Sullivan, PMP: Project Manager (Phase 3)
City assignments:
Glenn Daniel: Project Manager
CORRESPONDENCE/REPORTING PROCEDURES:
Engineer’s/Architect’s project correspondence shall be directed to:
Priscila Zardo, pzardo@excergy.com,720-316-7006 x713
All City project correspondence shall be directed to: GlennDaniel, glenn.daniel@myclearwater.com,
727-562-4960x7249, with copies to others as may be appropriate.
7.INVOICING/FUNDING PROCEDURES:
InvoicesforworkperformedshallbesubmittedmonthlytotheCityofClearwater,Public
UtilitiesDepartment,Attn:GlennDaniel,WaterManager,1650 N Arcturas Ave.,Bldg C,
Clearwater,Florida33765-1945.Contingencyserviceswillbebilledasincurredonlyafter
writtenauthorizationisprovidedby theCitytoproceedwiththoseservices.
CityInvoicingCode:0315-96774-561300-533-000-0000
8.INVOICINGPROCEDURES
Ataminimum,inadditiontotheinvoiceamount(s)thefollowinginformationshallbeprovided
onall invoicessubmittedontheWorkOrder:
A.PurchaseOrderNumberandContractAmount.
B.The timeperiod(beginandenddate)coveredby theinvoice.
C.A shortnarrativesummary ofactivitiescompletedinthetimeperiod.
D.Contractbilling method–LumpSum orCostTimesMultiplier.
E.If LumpSum,thepercentcompletion,amountdue,previousamountearnedandtotal
earnedtodateforall tasks(directcosts,ifany,shall beincludedinlumpsum amount).
F.IfCostTimesMultiplier,hours,hourlyrates,namesofindividualsbeingbilled,amountdue,
previousamountearned,totalearnedtodateforeachtaskandotherdirectcosts(receipts
willberequiredforanysingleitemwithacostof$50orgreaterorcumulativemonthly
expensesgreaterthan$100).
G.IftheWorkOrderisfundedbymultiplefundingcodes,anitemizationoftasksandinvoice
amountsby fundingcode.
9.SPECIALCONSIDERATIONS:
TheconsultantnamedaboveisrequiredtocomplywithSection119.0701,FloridaStatutes
(2013) whereapplicable.
17
PREPARED BY:APPROVED BY:
JamesKetchledge Tracy Mercer
President/CEO PublicUtilitiesDirector
ExcergyCorporation City of Clearwater
October30, 2014
Date Date
18
WORKORDERINITIATIONFORM
AppendixA:ProjectSchedule
19
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-710
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Appoint Eric D. Spaulding to the Marine Advisory Board as the Ex Officio member with term to
expire December 31, 2018. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Paul J. Kelley
MEETING DATES: 2nd Wed., 8 am (Quarterly)
PLACE: Chambers
APPTS. NEEDED: 1
APPOINT ERIC D. SPAULDING AS THE EX OFFICIO CAPACITY MEMBER:
1. Eric D. Spaulding - 612 Gardenia St., Belleair, FL 33756 - Fishing
(was serving 2nd term to expire 3/31/17) - Original Appointment 3/19/09
Zip codes of current members on board:
3 at 33761
1 at 33764
3 at 33767
Note - Section 2.197 of the Clearwater Code of Ordinances allows individuals to be appointed
in ex officio capacity in order to obtain technical expertise unavailable locally. During his
tenure on the Board, Mr. Spaulding has provided great insight on local navigational issues,
shoaling problems, and, at the request of the Army Corps of Engineers, he joined the Corps in
the dredging of the Clearwater Pass area.
Page 1 City of Clearwater Printed on 12/2/2014
File Number: ID#14-710
Page 2 City of Clearwater Printed on 12/2/2014
11/11/14 U—dbAM FAX 121 44i TiVI U earwater Marine Ent
Name:
Home Address:
2— 6-
Telephone:
Cell Phone:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
6.11
How long a resident of Clearwater?
Occupation:
Field of Education:
I3000 002
Office Address:
cCo-4A- 54.
Telephone:
E-mail Address:
If retired, former occupation:
Community Activities:
Employer: CPA
Other Work Experience:
RECEIVED
NOV 17 2814
OFFICIAL RECORDS AND
Other Interests:
Board Service (current and past):
cAv 00,
pe.s
Board Preference: ,
0
Additional Comments:
Signature: Date:
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
Declaration of Domicile filed with the city clerk affirming residency within city limits
11/,..,v14 ;. HUI 1- A (2( 44 ( '2(;)•1 Clearwater Marine Ent
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
E 0002 / 0002
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?
4. Why do you want to serve on this Board?
fti
601 1 e-e-ls k
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-724
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Schedule a special work session for January 21, 2015 to obtain public input on Urban Land
Institute’s recommendations for downtown. (consent)
SUMMARY:
During the November 12, 2014 work session, Council directed staff to schedule a special work
session after the New Year to obtain public input.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: REZ2014-08003
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 2
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8603-14 on second reading, amending the Zoning Atlas of the city by
rezoning certain property whose post office address is 2854 Sunstream Lane, Clearwater,
Florida 33759, from Low Density Residential (LDR) to Low Medium Density Residential
(LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 12/2/2014
F.1.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: 10-21-2014
AGENDA ITEM: F.1.
CASE: REZ2014-08003
REQUEST: To amend the Zoning Atlas designation from Low Density Residential (LDR) to
Low Medium Density Residential (LMDR).
GENERAL DATA:
Agent……………………… Larry Mills
Applicant / Owner.............. Sunstream Lane Development, LLC
Location……..................... 2854 Sunstream Lane, located approximately 160 feet west of Parkstream
Avenue, south of Saber Drive, and north of Lake Chautauqua Park.
Property Size…................. 11.462 acres, more or less
ANALYSIS:
Site Location and Existing Conditions:
This case involves an 11.462-acre, more or less, property located on
the south side of Sunstream Lane, approximately 160 feet west of
Parkstream Avenue. The parcel, addressed as 2854 Sunstream Lane,
is owned by Sunstream Lane Development, LLC and is currently
vacant.
Request:
The request is to change the property’s Zoning Atlas designation of
Low Density Residential (LDR) to Low Medium Density
Residential (LMDR). Both the current district (Low Density
Residential) and the proposed district (Low Medium Density
Residential) are consistent with the underlying future land use map
classifcation of Residential Low (RL); therefore, no future land use
map amendment is required. The applicant has submitted a
Preliminary Plat for a 28-lot subdivision to be processed if this
rezoning is approved. The applicant understands all necessary
approvals and permits must be obtained before development of the
subject site occurs.
Community Development Board – October 21, 2014
REZ2014-08003- Page 2 of 7
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Vicinity Characteristics:
The property is surrounded by single family homes to
the north and to the east. To the south is Lake
Chautauqua Park, and to the west are Lake
Chautauqua and a single family home.
Approximately 1330 linear feet, or 33 percent of the
perimeter property boundary, abuts properties with a
Zoning Atlas designation of Open Space/Recreation.
The remainder abuts properties zoned Low Medium
Density Residential (LMDR), Low Density
Residential (LDR), Preservation (P) and Agricultural
Estate Residential (A-E) (Pinellas County) (see Figure
1 below).
Figure 1
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1 below.
33%
17%16%
8%
26%
Abutting Zoning Atlas
Designations
Open Space/Recreation
OS/R
Low Medium Density
Residential (LMDR)
Low Density Residential
(LDR)
Preservation (P)
Agricultural Estate
Residential (A-E)
(Pinellas County)
Community Development Board – October 21, 2014
REZ2014-08003- Page 3 of 7
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 1. Surrounding Future Land Use and Zoning Designations
Direction Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
North: Single Family Residential Residential Low (RL) Low Density Residential (LDR)
East: Single Family Residential Residential Low (RL) Low Medium Density
Residential (LMDR)
South: City Park Recreation/Open Space
(R/OS) Open Space/Recreation (OS/R)
West: Lake Chautauqua, Single
Family Residential
Preservation (P), Water,
Residential Low (RL)
Preservation (P), Agricultural
Estate Residential (A-E)
(Pinellas County)
REVIEW CRITERIA:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602.F, Community
Development Code. Table 2 below depicts the consistency of the proposed amendment with the
standards as per Section 4-602.F:
Table 2. Consistency with Community Development Code Standards
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and features
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
Community Development Board – October 21, 2014
REZ2014-08003- Page 4 of 7
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and Regulations [Sections 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental
Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water
Management District (SWFWMD) shall be designated by “Preservation” (P) zoning and
prevented from being built upon except as permitted by the Preservation Zoning District.
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Goal A.2.2.2 Residential land uses shall be sited on well-drained soils, in proximity to parks,
school, mass transit and other neighborhood-serving land uses.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned developments
that are compatible.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed Low
Medium Density Residential (LMDR) District is compatible with the single family residential
uses. The subject site borders Lake Chautauqua Park, and is also in close proximity to Westfield
Countryside Mall (1 mile), McMullen Booth Middle School (0.85 miles), as well as other
neighborhood-serving uses (i.e. grocery stores and restaurants to the northwest, west, and
southwest). In addition, the proposal does not degrade the level of service for public facilities
below the adopted standards (a detailed public facilities analysis follows in this report). The
portion of the property that is zoned Preservation (P) will remain as such, and will see no
development.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes, a city park, and a lake. The Zoning
Atlas designations of surrounding properties include Low Density Residential (LDR), Low
Medium Density Residential (LMDR), A-E, Agricultural Estate Residential (Pinellas County),
Preservation (P), and Open Space/Recreation (OS/R).
Community Development Board – October 21, 2014
REZ2014-08003- Page 5 of 7
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
The proposed Low Medium Density Residential (LMDR) District primarily permits residential
uses. The intent of the Low Medium Density Residential (LMDR) District is to protect and
preserve the integrity and value of existing, stable residential neighborhoods of low to medium
density while at the same time, allowing a careful and deliberate redevelopment and
revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique
amenities which create unique opportunities to increase property values and the overall
attractiveness of the City.
The proposed Zoning Atlas designation will allow infill development of the subject property to
take place. A low medium density residential use will serve as an appropriate transition from the
lower density residential areas to the north and east and to the open space use to the south,
adding to the appeal of the neighborhood and overall attractiveness of the City.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present Future Land Use
Map designation and the present and requested Zoning designation were analyzed. Even though
this is a Zoning Atlas amendment application, maximum development potential is based on the
underlying future land use, so for purposes of this anal ysis, sufficiency of public facilities is
based on the Future Land Use Map designation.
In this instance there is no change to the Future Land Use Map, and both the current Low
Density Residential (LDR) District and the proposed Low Medium Density Residential (LMDR)
District primarily permit residential uses. Since there is no change to the Future Land Use Map
designation nor a change of use, there is no change to the development potential (i.e., dwelling
units per acre or floor area ratio) as shown in Table 3.
Community Development Board – October 21, 2014
REZ2014-08003- Page 6 of 7
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 3. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Current Low Density
Residential (LDR)
District
(5 units per acre)
Requested Low Medium
Density Residential
(LMDR) District
(5 units per acre)
Streets 573 Trips1 573 Trips1 0 Yes
Potable Water2 14,842 GPD3 14,842 GPD3 0 Yes
Wastewater2 13,358 GPD3 13,358 GPD3 0 Yes
Solid Waste2 144.5 Tons/Year 144.5 Tons/Year 0 Yes
Parkland2 0 Acres4 0 Acres4 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
Residential Low (RL) – 50 vehicle trips per day per acre.
2. Analysis based on utilization rates of 260.4 GPD/unit for potable water and 234.36 GPD/unit for wastewater;
5,069.44 lbs/year/unit for solid waste.
3. GPD – Gallons per day.
4. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
The Trip Generation Comparison by Zoning Atlas Designation in Table 4 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. There is
no change in the maximum number of units that could be built since the Future Land Use is not
being amended. However, because the property is currently vacant, there would be an increase
of up to 545 average daily trips and an increase of 58 PM peak trips if the parcel were built to its
maximum development potential.
Table 4. Trip Generation Comparison by Zoning Atlas Designation
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Avg Daily
Trips
PM Peak
Trips Avg
Rate
PM Peak
Trips
Net
Change
PM Peak
Trips
Existing Designation: Low Density Residential (LDR) District
Vacant 0 units 0 N/A 0.00 0 N/A
Single Family Residential1
(9.57 trips/unit) 57 units2 545 N/A 1.01 58 N/A
Proposed Designation: Low Medium Density Residential (LMDR) District
Single Family Residential1
(9.57 trips/unit) 57 units2 545 545 1.01
58
58
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 210.
2. Total dwelling units permitted by the underlying RL Future Land Use Map category is 5 units per acre.
Community Development Board – October 21, 2014
REZ2014-08003- Page 7 of 7
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the additional traffic generated by the
proposed amendment will not result in the degradation of the existing level of service on
Enterprise Road. This segment of Enterprise Road is currently operating at a Level of Service C,
which is above the adopted roadway level of service standard. There will be an increase in
demand for potable water and generation of wastewater and solid waste , but there is adequate
capacity to accommodate the maximum demand generated by the proposed amendment.
Furthermore, parkland and recreation facilities will not be affected by the proposed amendment.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Low Medium Density Residential (LMDR) District boundaries is
consistent with the boundaries of the subject property. The proposed Low Medium Density
Residential (LMDR) District is compatible with the single family residences to the north and
east, and to the park to the south.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership line, existing improvements, and the natural environment.
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Low Density
Residential (LDR) classification to the Low Medium Density Residential (LMDR) classification.
Prepared by Planning and Development Department Staff:
Kyle Brotherton
Planner II
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Ordinance No. 8603-14
ORDINANCE NO. 8603-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED
APPROXIMATELY 160 FEET WEST OF PARKSTREAM
AVENUE, SOUTH OF SABER DRIVE, AND NORTH OF
LAKE CHAUTAUQUA PARK, CONSISTING OF METES &
BOUNDS TRACT 13/01 IN SECTION 32, TOWNSHIP 28 S,
RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2854
SUNSTREAM LANE, CLEARWATER, FLORIDA 33759;
FROM LOW DENSITY RESIDENTIAL (LDR) TO LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
See attached Exhibit A for legal description From: Low Density Residential
(LDR)
(REZ2014-08003) To: Low Medium Density
Residential (LMDR)
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 by the Pinellas County Board of
County Commissioners, and subject to a determination by the State of Florida, as appropriate, of
compliance with the applicable requirements of the Local Government Comprehensive Planning
and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
2 Ordinance No. 8603-14
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
REZ2014-08003
EXHIBIT A
LEGAL DESCRIPTION:
The North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida.
LESS that part described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said
Section 32 for a Point of Beginning; thence go South 360 feet; thence East 700 feet;
thence North 360 feet; thence West to the Point of Beginning.
LESS
A portion of the North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 32,
Township 28 South, Range 16 East, Pinellas County, Florida, being described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said
Section 32; thence S00°02'36"W for 360.00 feet; thence S89°43'28"E for 154.67 feet to the
POINT OF BEGINNING; thence continue S89°43'28"E for 236.65 feet; thence S64°29'01"W
for 91.32 feet; thence S75°42'43"W for 104.03 feet; thence N82°46'40"W for 33.42 feet;
thence N43°54'59"W for 29.50 feet; thence N00°16'32"E for 40.70 feet to the POINT OF
BEGINNING.
LEGAL DESCRIPTION (continued):
(PLAT LEGAL)
Said parcel being further described as follows:
A portion of the North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 32,
Township 28 South, Range 16 East, Pinellas County, Florida being described as follows:
BEGIN at the Southeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section
32; thence S00°01'04"W along the West boundary of the East 1/2 of the Northeast 1/4 of
said Section 32 for 679.24 feet; thence leaving said West boundary N89°39'11"W for
1328.96 feet; thence N00°00'01"E for 318.62 feet; thence S89°40'51"E for 154.67 feet;
thence S00°19'09"W for 40.70 feet; thence S43°52'22"E for 29.50 feet; thence S82°44'03"E
for 33.42 feet; thence N75°45'20"E for 104.03 feet; thence N64°31'38"E for 91.32 feet;
thence S89°40'51"E for 308.60 feet; thence N00°00'43"E for 360.00 feet; thence
S89°40'45"E for 629.17 feet to the POINT OF BEGINNING.
Contains 640,230 Square Feet or 14.698 Acres, more or less.
REZ2014-08003
LEGAL DESCRIPTION (continued):
LESS that portion lying waterward of the jurisdictional wetland line being further
described as follows:
A portion of the North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 32,
Township 28 South, Range 16 East, Pinellas County, Florida being described as follows:
COMMENCE at the Southeast corner of the Northwest 1/4 of the Northeast 1/4 of said
Section 32; thence S00°01'04"W along the West boundary of the East 1/2 of the
Northeast 1/4 of said Section 32 for 679.24 feet; thence leaving said West boundary
N89°39'11"W for 1110.56 feet to the POINT OF BEGINNING; thence continue N89°39'11"W
for 218.41 feet; thence N00°00'01"E for 318.62 feet; thence S89°40'51"E for 154.67 feet;
thence S00°19'09"W for 40.70 feet; thence S43°52'22"E for 29.50 feet; thence S82°44'03"E
for 33.42 feet; thence N75°45'20"E for 104.03 feet; thence N64°31'38"E for 91.32 feet;
thence S89°40'51"E for 95.71 feet; thence S24°21'07"E for 65.45 feet; thence S09°13'01"W
for 43.93 feet; thence S04°16'54"W for 75.01 feet; thence S31°02'39"W for 52.24 feet;
thence S46°39'28"W for 65.44 feet; thence S63°50'01"W for 23.88 feet; thence
S29°36'41"W for 32.06 feet; thence S87°48'09"W for 42.64 feet; thence S84°26'15"W for
45.04 feet; thence S89°10'13"W for 44.84 feet; thence S83°05'08"W for 39.18 feet to the
POINT OF BEGINNING.
Contains 140,945 square feet or 3.236 Acres, more or less.
Exhibit B
ZONING MAP
Owner(s): Sunstream Lane Development, LLC Case: REZ2014-08003
Site:
Approximately 160 feet west of Parkstream
Avenue, south of Saber Drive, and north of
Lake Chautauqua Park
Property
Size(Acres): ±11.462
Land Use Zoning
PIN: 32-28-16-00000-130-0100
From :
To:
RL LDR
RL LMDR Atlas Page: 233B
MDR P
SABER DR
PA
R
K
S
T
R
E
A
M
A
V
E
AN
T
H
O
N
Y
A
V
E
E N T E R P R I S E R D E
SUNSTREAM LN
P H E A S A N T R U N
SUNDANCER DR
SABE
R
CT
LDR
P
OS/R
LMDR
MDR
P
LMDR
OS/R
2
8
6
3
2
8
5
72
8
5
1
2
8
4
52
8
3
9
28
3
3
28
2
7
2
8
6
4
2
8
5
8
27
6
9
27
6
7
27
7
3
27
7
5
27
7
7
27
7
9
27
6
5
27
8
1
27
8
5
27
8
3
27
5
7
27
8
7
27
9
1
27
5
9
27
3
7
2427
2420
2832
2423
2429
2862
2856
2849
2837
2831
2825
2819
2811
2416
2422
2440
2428
2434
2
8
4
6
2
8
4
0
2
8
5
2
2449
2431
2437
2425
2443
2455
2381
2387
2369
2375
2393
2372
2378
2384
23902392
2925
2919
2913
2366
2417
2435
2429
2423
2447
2453
2441
2459
2411
2448
2460
2436
2454
2442
2452
2458
2410
2924
2930
2918
2741
2745
2745
2741
2739
2771
2763
2761
2714
2823
2817
2811
2426
2826
2436
2430
2424
2873
2867
2861
2855
2843
2
8
1
6
2
8
2
2
2
8
2
8
2
8
3
4
2419
2 4 6 1
2399
2396
2350
2356
2374
2362
2368
2386
2398
2931
2
2
2
2
2405 2406
2418
2430
2412
2424
2
2
2
2
2
2
2
2908
2422
2416
2428
2434
2446
2440
2854
2912
2850
2739
2741
27452745
2789
2745
2745
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LMDR
P
S:\Planning Department\C D B\Zoning Atlas Amendments\Active Cases\Sunstream Lane 2854 REZ2014-08003 - Sunstream Lane
Development\Maps_NEW\Word\LocREZ2014-08003.docx
LOCATION MAP
Owner(s): Sunstream Lane Development, LLC Case: REZ2014-08003
Site: 2854 Sunstream Lane Property
Size(Acres): ±11.462
Land Use Zoning
PIN: 32-28-16-00000-130-0100
From :
To:
RL LDR
RL LMDR Atlas Page: 233B
^
PROJECT
SITE
ENTERPRISE RD ENTERPRISE RD E
SABER DR
LANDMARK DR PARKSTREAM AVE
AN
T
H
O
N
Y
A
V
E
HI
L
L
C
R
E
E
K
C
I
R
E
SUNDANCER DR
STEVEN ST
HILLCREEK CIR S
G L O R I A C T
BOND AVE
SHADE TREE LN
TERENCE CT
FOX
HEAD WAY
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LAK
E
CH
A
U
TAU
Q
U A
S:\Planning Department\C D B\Zoning Atlas Amendments\Active Cases\Sunstream Lane 2854 REZ2014-08003 - Sunstream Lane
Development\Maps_NEW\Word\AerREZ2014-08003.docx
AERIAL PHOTOGRAPH
Owner(s): Sunstream Lane Development, LLC Case: REZ2014-08003
Site: 2854 Sunstream Lane Property
Size(Acres): ±11.462
Land Use Zoning
PIN: 32-28-16-00000-130-0100
From :
To:
RL LDR
RL LMDR Atlas Page: 233B
SABER DR SABER DR
PA
R
K
S
T
R
E
A
M
A
V
E
PA
R
K
S
T
R
E
A
M
A
V
E
AN
T
H
O
N
Y
A
V
E
AN
T
H
O
N
Y
A
V
E
E N T E R P R I S E R D EENTERPRISE R D E
SUNSTREAM LNSUNSTREAM LN
P H E A S A N T R U N
P H E A S A N T R U N
SUNDANCER DR
SUNDANCER DR
SABE
R
CT
SABE
R
CT
-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\Zoning Atlas Amendments\Active Cases\Sunstream Lane 2854 REZ2014-08003 - Sunstream Lane
Development\Maps_NEW\Word\FLUREZ2014-08003.docx
MDR P
SABER DR
PA
R
K
S
T
R
E
A
M
A
V
E
AN
T
H
O
N
Y
A
V
E
E N T E R P R I S E R D E
SUNSTREAM LN
P H E A S A N T R U N
SUNDANCER DR
SABE
R
CT
RL
R/OS
RM
RL
P
WATER
RL RL
RL
RL
RU
P
R/OS
PR/OSWATER
RURM
2
8
6
3
2
8
5
72
8
5
1
2
8
4
528
3
9
28
3
3
28
2
7
2
8
6
4
2
8
5
8
27
6
9
27
6
7
27
7
3
27
7
5
27
7
7
27
7
9
27
6
5
27
8
1
27
8
5
27
8
3
27
6
1
27
5
7
27
8
7
27
9
1
27
5
9
27
3
7
28
2
3
2427
2420
283228262423
2429
2862
2856
28
4
9
28
3
7
28
3
1
28
2
5
28
1
9
28
1
1
2416
2422
2440
2428
2434
2
8
4
6
2
8
4
0
2
8
5
2
2449
2431
2437
2425
2443
2455
2387
2369
2375
2393
2399
2378
2384
2390
2396
2392
2398
29
2
5
29
1
3
2366
2417
2423
2447
2453
2441
2459
2411
2448
2460
2436
2454
2442
2452
2458
2410
2924
2930
2918
2741
2745
2789
2745
2741
2739
RL
P
27
7
1
27
6
3
27
1
4
28
1
7
28
1
1
2426
2436
2430
2424
28
7
3
28
6
7
28
6
1
28
5
5
28
4
3
2
8
1
6
2
8
2
2
2
8
2
8
2
8
3
4
2419
2 4 6 1
2381
2372
2350
2356
2374
2362
2368
2386
29
3
1
29
1
9
2
2
2
2
2435
2429
2405 2406
2418
2430
2412
2424
2
2
2
2
2
2
2
2908
2422
2416
2428
2434
2446
2440
28
5
4
2912
28
5
0
2739
2741
274527452745
2745
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RL
FUTURE LAND USE MAP
Owner(s): Sunstream Lane Development, LLC Case: REZ2014-08003
Site: 2854 Sunstream Lane Property
Size(Acres): ±11.462
Land Use Zoning
PIN: 32-28-16-00000-130-0100
From :
To:
RL LDR
RL LMDR Atlas Page: 233B
P
S:\Planning Department\C D B\Zoning Atlas Amendments\Active Cases\Sunstream Lane 2854 REZ2014-08003 - Sunstream Lane
Development\Maps_NEW\Word\ZonREZ2014-08003.docx
ZONING MAP
Owner(s): Sunstream Lane Development, LLC Case: REZ2014-08003
Site: 2854 Sunstream Lane Property
Size(Acres): ±11.462
Land Use Zoning
PIN: 32-28-16-00000-130-0100
From :
To:
RL LDR
RL LMDR Atlas Page: 233B
MDR P
SABER DR
PA
R
K
S
T
R
E
A
M
A
V
E
AN
T
H
O
N
Y
A
V
E
E N T E R P R I S E R D E
SUNSTREAM LN
P H E A S A N T R U N
SUNDANCER DR
SABE
R
CT
LDR
P
OS/R
LMDR
MDR
P
LMDR
OS/R
2
8
6
3
2
8
5
72
8
5
1
2
8
4
52
8
3
9
28
3
3
28
2
7
2
8
6
4
2
8
5
8
27
6
9
27
6
7
27
7
3
27
7
5
27
7
7
27
7
9
27
6
5
27
8
1
27
8
5
27
8
3
27
5
7
27
8
7
27
9
1
27
5
9
27
3
7
2427
2420
2832
2423
2429
2862
2856
2849
2837
2831
2825
2819
2811
2416
2422
2440
2428
2434
2
8
4
6
2
8
4
0
2
8
5
2
2449
2431
2437
2425
2443
2455
2381
2387
2369
2375
2393
2372
2378
2384
23902392
2925
2919
2913
2366
2417
2435
2429
2423
2447
2453
2441
2459
2411
2448
2460
2436
2454
2442
2452
2458
2410
2924
2930
2918
2741
2745
2745
2741
2739
2771
2763
2761
2714
2823
2817
2811
2426
2826
2436
2430
2424
2873
2867
2861
2855
2843
2
8
1
6
2
8
2
2
2
8
2
8
2
8
3
4
2419
2 4 6 1
2399
2396
2350
2356
2374
2362
2368
2386
2398
2931
2
2
2
2
2405 2406
2418
2430
2412
2424
2
2
2
2
2
2
2
2908
2422
2416
2428
2434
2446
2440
2854
2912
2850
2739
2741
27452745
2789
2745
2745
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LMDR
P
S:\Planning Department\C D B\Zoning Atlas Amendments\Active Cases\Sunstream Lane 2854 REZ2014-08003 - Sunstream Lane
Development\Maps_NEW\Word\ExistREZ2014-08003.docx
6 0
1
2
313233
LAKE CH AU TAUQU A
60
60
100
60 60
60
60
60
60
60
60
6060
60
61628
61629
A
B
E
F
H
15 16 17 18 19 20 21 22 23 24 25
26
27
28
29
30
31
32
1
2
3
4
5
6
789
10
11
12
13
14
52
3435
51 50
36
37
38
39
40
41
42
43
44
45
46
47
48
49
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
1
2
3
4
5
6
789 10
39
40
41
42
43
44
16171819
1
2
3
4
5
1
1
2 30
29
28
2726
25
23
24
22
4
5
13/04
5.80
13/01
14.73
13/03
41.1
24/01
48.16
13/0213/0213/02
33
A C(C)
A C(C)
A C
A C
3
SABER DR
PA
R
K
S
T
R
E
A
M
A
V
E
AN
T
H
O
N
Y
A
V
E
E N T E R P R I S E R D E
SUNDANCER DR
2
8
6
3
2
8
5
72
8
5
12
8
4
52
8
3
9
28
3
3
28
2
7
2
8
6
4
2
8
5
8
27
7
1
27
6
9
27
6
7
27
7
3
27
7
5
27
7
7
27
7
9
27
6
3
27
6
5
27
8
1
27
8
5
27
8
3
27
6
1
27
5
7
27
8
7
27
9
1
27
5
9
27
3
7
28
1
1
24272426
2420
2832
28262423
2856
2436
2430
2424
28
3
1
28
2
5
28
1
9
28
1
1
2416
2440
2434
2
8
1
6
2449
2431
2425
2443
2455
2372
2396
2392
29
1
9
29
1
3
2366
2908
2741
2745 2789
27
1
4
28
2
3
28
1
7
2429
2862
28
4
9
28
7
3
28
6
7
28
6
1
28
5
5
28
3
7
28
4
3
2422
2428
2
8
4
6
2
8
4
0
2
8
2
2
2
8
2
8
2
8
3
4
2
8
5
2
2437
2419
2 4 6 1
2381
2387
2369
2375
2393
2399
2378
2384
2390
2350
2356
2374
2362
2368
2386
2398
29
3
1
29
2
5
2
2
2
2
2417
2435
2429
2423
2447
2453
2441
2405
2459
2411
2406
2448
2460
2418
2436
2430
2412
2454
2424
2442
2
2
2
2
2
2
2
2452
2458
2410
2422
2416
2428
2434
2446
2440
28
5
4
2912
2924
2930
2918
28
5
0
2741
2739
274527452745
2745
2745
2741
2739
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EXISTING SURROUNDING USE MAP
Owner(s): Sunstream Lane Development, LLC Case: REZ2014-08003
Site: 2854 Sunstream Lane Property
Size(Acres): ±11.462
Land Use Zoning
PIN: 32-28-16-00000-130-0100
From :
To:
RL LDR
RL LMDR Atlas Page: 233B
Park
Single Family Residential
Single Family
Residential
Water
Multi-Family
Residential
View looking west at the subject property, 2854 SunstreamLane.View looking north of the subject property.
View looking south of the subject property.Adjacent property to the southeast of the subject property
along ParkstreamAvenue.
REZ2014-08003
SunstreamLane Development, LLC
2854 SunstreamLane
Adjacent property to the northeast of the subject property
along ParkstreamAvenue.
View looking easterly along SunstreamLane.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8604-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8604-14 on second reading, annexing certain real property whose post office
address is 1601 Long Street, Clearwater, Florida 33755, together with all abutting right-of-way
of Long Street, into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8604-14
ORDINANCE NO. 8604-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF LONG STREET,
APPROXIMATELY 300 FEET WEST OF RIDGE AVENUE,
CONSISTING OF LOT 1, BLOCK 6, FIRST ADDITION TO
HIGHLAND PINES SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1601 LONG STREET, CLEARWATER,
FLORIDA 33755, TOGETHER WITH ALL ABUTTING RIGHT-
OF-WAY OF LONG STREET, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 1, Block 6, FIRST ADDITION TO HIGHLAND PINES SUBDIVISION,
according to the map or plat thereof, as recorded in the Plat Book 30, Page 100,
Public Records of Pinellas County, Florida
(ANX2014-09015)
The map attached as Exhibit A 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. 8604-14
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
PROPOSED ANNEXATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
11
1117
15
7
6
131611
16
0
1
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5
5
1305
1301
1304
15
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\locANX2014-
09015.docx
LOCATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
^
PROJECT
SITE
LONG ST
PALMETTO ST
RIDGE AVE
SCOTT ST
FLAGLER
DR
WOOD AVE
N HIGHLAND AVE
SHERWOOD ST LYNN AVE
GENTRY ST
WALNUT ST
CLARK ST
BONAIR ST
LEVERN ST
CASLER AVE
NELSON AVE
MURRAY AVE
ELMWOOD ST
CARROLL ST
CROWN ST
WEBB DR
CARLOS AVE
LOGAN ST
CHANDLER AVE
MACRAE AVE
PALM TERRACE DR
RICHARDS AVE
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\aerANX2014-
09015.docx
AERIAL PHOTOGRAPH
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
16
0
1
16
0
1
LONG ST LONG ST
RIDGE AVE
RIDGE AVE
GENTRY ST GENTRY ST
WO
O
D
A
V
E
WO
O
D
A
V
E
CLARK ST CLARK ST
CARROLL ST CARROLL ST
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\proANX2014-
09015.docx
PROPOSED ANNEXATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
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6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
11
1117
15
7
6
131611
16
0
1
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5
5
1305
1301
1304
15
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\fluANX2014-
09015.docx
FUTURE LAND USE MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
RU
RU
RL
RL
RL
RU
RL
RL
RU
RU
RU
RU
RL
RU
RURL
RL
RURLRU
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1117
1201
120515
7
6
161
6
1220
1216
1300
1304
16
2
5
1212
120015
8
5
16
0
1
16
1
1
16
0
5
16
1
3
16
0
0
16
0
0
16
1
4
16
08
16
0
4
16
0
0
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
157
2
15
7
0
16
0
4
161
0
16
1
2
1226
15
5
5
15
5
1
15
5
5
1290
1305
13011300
1304
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
6
5
15
6
6
15
7
2
16
1
0
161
4
15
6
0
15
6
4
15
6
8
15
5
0
15
6
0
1113161111
16
0
1
1211
15
5
3
160
4
1209
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\zonANX2014-
09015.docx
ZONING MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
LMDR
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
LMDR
11
1117
15
7
6
131611
16
0
1
15
6
7
15
5
5
1305
1301
1304
15
6
1
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LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\exiANX2014-
09015.docx
EXISTING SURROUNDING USES MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
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3
4
5
6
1 2
3 4 5 1
2
3
4
5
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1
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1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
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04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
11
1117
15
7
6
131611
16
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5
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1305
1301
1304
15
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Single Family Residential
Single Family Residential
Single Family Residential
View looking south at the subject property, 1601 Long StreetEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09015
Stephan and WiebkeKoenig
1601 Long Street
View looking easterly along Long StreetView looking westerly along Long Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8605-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8605-14 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate certain real property whose post office
address is 1601 Long Street, Clearwater, Florida 33755, together with all abutting right-of-way
of Long Street, upon annexation into the City of Clearwater, as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8605-15
ORDINANCE NO. 8605-14
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
PROPERTY LOCATED ON THE SOUTH SIDE OF LONG
STREET, APPROXIMATELY 300 FEET WEST OF RIDGE
AVENUE, CONSISTING OF LOT 1, BLOCK 6, FIRST
ADDITION TO HIGHLAND PINES SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1601 LONG STREET,
CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL
ABUTTING RIGHT-OF-WAY OF LONG STREET, 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
Lot 1, Block 6, FIRST
ADDITION TO HIGHLAND
PINES SUBDIVISION,
according to the map or plat
thereof, as recorded in the
Plat Book 30, Page 100,
Public Records of Pinellas
County, Florida;
Residential Low
(RL)
(ANX2014-09015)
The map attached as Exhibit A 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. 8604-14.
2 Ordinance No. 8605-14
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
FUTURE LAND USE MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
RU
RU
RL
RL
RL
RU
RL
RL
RU
RU
RU
RU
RL
RU
RURL
RL
RURLRU
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1117
1201
120515
7
6
161
6
1220
1216
1300
1304
16
2
5
1212
120015
8
5
16
0
1
16
1
1
16
0
5
16
1
3
16
0
0
16
0
0
16
1
4
16
08
16
0
4
16
0
0
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
157
2
15
7
0
16
0
4
161
0
16
1
2
1226
15
5
5
15
5
1
15
5
5
1290
1305
13011300
1304
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
6
5
15
6
6
15
7
2
16
1
0
161
4
15
6
0
15
6
4
15
6
8
15
5
0
15
6
0
1113161111
16
0
1
1211
15
5
3
160
4
1209
-N
o
t
t
o
S
c
a
l
e
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RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\locANX2014-
09015.docx
LOCATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
^
PROJECT
SITE
LONG ST
PALMETTO ST
RIDGE AVE
SCOTT ST
FLAGLER
DR
WOOD AVE
N HIGHLAND AVE
SHERWOOD ST LYNN AVE
GENTRY ST
WALNUT ST
CLARK ST
BONAIR ST
LEVERN ST
CASLER AVE
NELSON AVE
MURRAY AVE
ELMWOOD ST
CARROLL ST
CROWN ST
WEBB DR
CARLOS AVE
LOGAN ST
CHANDLER AVE
MACRAE AVE
PALM TERRACE DR
RICHARDS AVE
-N
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\aerANX2014-
09015.docx
AERIAL PHOTOGRAPH
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
16
0
1
16
0
1
LONG ST LONG ST
RIDGE AVE
RIDGE AVE
GENTRY ST GENTRY ST
WO
O
D
A
V
E
WO
O
D
A
V
E
CLARK ST CLARK ST
CARROLL ST CARROLL ST
-N
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\proANX2014-
09015.docx
PROPOSED ANNEXATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
11
1117
15
7
6
131611
16
0
1
15
5
5
1305
1301
1304
15
6
5
-N
o
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c
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e
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-N
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u
r
v
e
y
-
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\fluANX2014-
09015.docx
FUTURE LAND USE MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
RU
RU
RL
RL
RL
RU
RL
RL
RU
RU
RU
RU
RL
RU
RURL
RL
RURLRU
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1117
1201
120515
7
6
161
6
1220
1216
1300
1304
16
2
5
1212
120015
8
5
16
0
1
16
1
1
16
0
5
16
1
3
16
0
0
16
0
0
16
1
4
16
08
16
0
4
16
0
0
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
157
2
15
7
0
16
0
4
161
0
16
1
2
1226
15
5
5
15
5
1
15
5
5
1290
1305
13011300
1304
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
6
5
15
6
6
15
7
2
16
1
0
161
4
15
6
0
15
6
4
15
6
8
15
5
0
15
6
0
1113161111
16
0
1
1211
15
5
3
160
4
1209
-N
o
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S
c
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l
e
-
-N
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u
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v
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y
-
RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\zonANX2014-
09015.docx
ZONING MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
LMDR
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
LMDR
11
1117
15
7
6
131611
16
0
1
15
6
7
15
5
5
1305
1301
1304
15
6
1
15
6
5
-N
o
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LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\exiANX2014-
09015.docx
EXISTING SURROUNDING USES MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
15
6
7
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
1
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
11
1117
15
7
6
131611
16
0
1
15
5
5
1305
1301
1304
15
6
5
-N
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Single Family Residential
Single Family Residential
Single Family Residential
View looking south at the subject property, 1601 Long StreetEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09015
Stephan and WiebkeKoenig
1601 Long Street
View looking easterly along Long StreetView looking westerly along Long Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8606-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8606-14 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1601 Long Street, Clearwater, Florida
33755, together with all abutting right-of-way of Long Street, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8606-14
ORDINANCE NO. 8606 -14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF LONG STREET, APPROXIMATELY
300 FEET WEST OF RIDGE AVENUE, CONSISTING OF
LOT 1, BLOCK 6, FIRST ADDITION TO HIGHLAND PINES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1601
LONG STREET, CLEARWATER, FLORIDA 33755,
TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF
LONG STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
The map attached as Exhibit A 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. 8604-14.
Property Zoning District
Lot 1, Block 6, FIRST ADDITION TO
HIGHLAND PINES SUBDIVISION,
according to the map or plat thereof, as
recorded in the Plat Book 30, Page 100,
Public Records of Pinellas County, Florida
Low Medium Density Residential
(LMDR)
(ANX2014-09015)
2 Ordinance No. 8606-14
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
ZONING MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
6
7
8
10
11
12
8
12
12
12
3
5 678 9
14 15 16 17 18
21 2223
12
3 4
12
3 4 5
1 2 3 45
1
2
3
4
1 2 3 4 5
678910
1 2 3 45
678910
1
2
3
4
5
6
1 2
3 4 5 1
2
3
4
5
6
1
14 1112131415
1617181920
24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
LMDR
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
1304
16
2
5
1212
1200
15
8
5
16
0
1
16
1
1
16
0
5
16
1
3
160
0
160
0
161
4
16
0
8
160
4
16
00
15
6
5
15
7
1
16
0
5
16
0
9
16
1
5
15
7
3
16
0
5
16
0
9
16
0
1
16
1
5
1275
15
7
3
16
1
3
15
6
9
16
0
1
15
6
1
16
0
9
15
6
5
16
0
5
15
72
15
7
0
16
04
16
10
161
2
1211
15
5
3
1226
15
5
1
15
5
5
1290
1300
15
6
0
15
5
4
15
6
1
15
6
3
15
66
15
7
2
16
04
161
0
16
14
156
0
156
4
15
6
8
15
5
0
15
60
1209
LMDR
11
1117
15
7
6
131611
16
0
1
15
6
7
15
5
5
1305
1301
1304
15
6
1
15
6
5
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LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\locANX2014-
09015.docx
LOCATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
^
PROJECT
SITE
LONG ST
PALMETTO ST
RIDGE AVE
SCOTT ST
FLAGLER
DR
WOOD AVE
N HIGHLAND AVE
SHERWOOD ST LYNN AVE
GENTRY ST
WALNUT ST
CLARK ST
BONAIR ST
LEVERN ST
CASLER AVE
NELSON AVE
MURRAY AVE
ELMWOOD ST
CARROLL ST
CROWN ST
WEBB DR
CARLOS AVE
LOGAN ST
CHANDLER AVE
MACRAE AVE
PALM TERRACE DR
RICHARDS AVE
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\aerANX2014-
09015.docx
AERIAL PHOTOGRAPH
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
16
0
1
16
0
1
LONG ST LONG ST
RIDGE AVE
RIDGE AVE
GENTRY ST GENTRY ST
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CLARK ST CLARK ST
CARROLL ST CARROLL ST
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\proANX2014-
09015.docx
PROPOSED ANNEXATION MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
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38962
39078
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RIDGE AVE
GENTRY ST
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CLARK ST
CARROLL ST
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\fluANX2014-
09015.docx
FUTURE LAND USE MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
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RURLRU
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
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1301
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RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\zonANX2014-
09015.docx
ZONING MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
3
4
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7
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3
5 678 9
14 15 16 17 18
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24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
LMDR
1305
1301
1229
1221
1225
1624
1201
12051616
1220
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1304
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LMDR
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LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Long Street 1601 ANX2014-09015 - Koenig\Maps\exiANX2014-
09015.docx
EXISTING SURROUNDING USES MAP
Owner(s): Stephan and Wiebke Koenig Case: ANX2014-09015
Site: 1601 Long Street
Property
Size(Acres):
ROW Acres
0.167
0.096
Land Use Zoning
PIN: 11-29-15-39078-006-0010 From :
To:
RL R-3
RL LMDR Atlas Page: 270B
60
60
38962
39078
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1
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24/0124/03
24/0224/0424/0524/06
LONG ST
RIDGE AVE
GENTRY ST
WOOD AVE
CLARK ST
CARROLL ST
1305
1301
1229
1221
1225
1624
1201
12051616
1220
1216
1300
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1200
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Single Family Residential
Single Family Residential
Single Family Residential
View looking south at the subject property, 1601 Long StreetEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09015
Stephan and WiebkeKoenig
1601 Long Street
View looking easterly along Long StreetView looking westerly along Long Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8608-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8608-14 on second reading, annexing certain real property whose post office
addresses are 1244 Palm Street and 1301 Idlewild Drive, together with certain 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.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8608-14
ORDINANCE NO. 8608-14
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 1215 UNION STREET, 1244 PALM
STREET AND 1301 IDLEWILD DRIVE, TOGETHER WITH
CERTAIN ABUTTING RIGHT-OF-WAY OF IDLEWILD DRIVE
AND UNION STREET, 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 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 Descriptions
(ANX2014-09016)
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. 8608-14
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
ANX2014‐09016
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0100 Lot 10, Block A 1215 Union Street
2. 03-29-15-15840-001-0280 Lot 28, Block A 1244 Palm Street
together with:
- South half of 60 foot Right-of-Way of Union Street abutting Lot 10, Block A.
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
3. 03-29-15-12060-011-0010 Lot 1, Block K 1301 Idlewild Drive
together with:
- all abutting Right-of-Way of Idlewild Drive.
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(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
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3
5
12
2
3
2021
12
0
7
12
9
2
12
6
6
12
6
0
12
5
4
12
5
0
12
4
6
12
4
2
12
1
0
12
3
1
204412
9
3
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
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5
12
5
1
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4
7
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9
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3
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1
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1
7
12
1
1
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6
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5
0
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2
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2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
8
3
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
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3
9
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3
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0
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6
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6
0
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5
0
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4
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3
8
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3
4
12
3
0
12
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0
12
1
2
12
5
3
2063
12
7
5
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7
3
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7
1
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4
7
12
4
5
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4
1
12
3
7
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2
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1
9
12
1
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12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
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½
-N
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\locANX2014-
09016.docx
LOCATION MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
^
^^-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
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S
u
r
v
e
y
-
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\aerANX2014-
09016.docx
AERIAL PHOTOGRAPH
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
12
1
5
12
4
4
13
0
1
UNION ST UNION ST
BE
T
T
Y
L
N
BE
T
T
Y
L
N
PALM ST PALM ST
IDLEWILD D R IDLEWILD D R
DOUGLAS AVE
DOUGLAS AVE
BERMUDA ST BERMUDA ST
SEDEEVA CIR NSEDEEVA CIR N
WOODLAWN TER WOODLAWN TER
OAKDALE WAY
OAKDALE WAY
PINECREST WAY
PINECREST WAY
-N
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t
o
S
c
a
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-N
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-
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\proANX2014-
09016.docx
PROPOSED ANNEXATION MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
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O
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B
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G
A
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C
D E
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9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
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7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
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7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
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9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
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14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
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4
5
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8
9
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11
12
1
2
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1 2 3
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10
1
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8
9
10
11
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13
14
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16
18
60
63
30
36
1
1
1
1
1
1
1
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
2052
1212
2020
2031
2087
2000
11
8
7
1186
2022
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
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7
1
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6
7
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6
1
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4
1
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3
5
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3
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1
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9
6
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6
0
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1
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0
9
12
8
2
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0
6
2077 12
8
3
12
0
7
13
0
1
2026
12
6
5
12
6
7
12
5
5
12
5
9
2073
2071
2079
2083
2038
2048
2058
2029
2021
1995
2022
2 0 1 7
12
3
4
2027
2020
2021
2 0 1 5
2 0 2 4
2061
2066
20702074
12
7
4
12
7
8
1980
11
8
5
2030
2024
2020
2014
2012
2067
20252021
12
5
9
12
7
1
12
6
3
13
0
9
13
1
0
2063
2065
2069
13
0
0
1278
1276
1274
1272
1270
1268
1266
1264
1260
1258
1256
1212
1206
2001 12
9
1
12
5
3
12
4
9
12
4
5
12
0
9
2022
2024
2028
2030
12
8
6
2022
12
6
6
12
6
2
12
3
2
12
3
5
12
2
3
2021
12
0
7
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6
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5
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4
6
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204412
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3
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8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
8
3
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7
9
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7
5
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6
7
12
5
5
12
5
7
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3
2063
12
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3
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7
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7
12
4
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4
1
12
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3
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1
9
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1
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12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-N
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S
c
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\fluANX2014-
09016.docx
FUTURE LAND USE MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
10
11
12
13
14
1
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
RU
RU
RU
RU
RU
RU RU
RU
RU
RU
RU
RU
RU
RU
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
1212
2020
1186
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
12
7
1
12
6
7
12
6
5
12
6
1
12
4
1
12
3
5
12
3
1
12
2
5
12
1
3
12
9
1
12
9
6
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
4
3
12
9
0
12
8
4
12
8
0
12
7
2
12
2
6
12
2
2
12
2
0
12
2
5
12
0
1
12
0
9
12
8
2
12
0
6
12
8
3
12
0
7
13
0
1
2026
12
6
5
12
6
7
12
5
5
12
5
9
2073
2071
2079
2083
2038
2052
2048
2058
2029
2021
1995
2022
2 0 1 7
12
3
4
2027
2020
2021
2 0 1 5
2031
2 0 2 4
2061
2066
20702074
12
7
4
12
7
8
2087
1980
2000
11
8
7
11
8
5
2030
2024
2022
2020
2014
2012
2067
20252021
12
5
9
12
7
1
12
6
3
13
0
9
13
1
0
2063
2065
2069
13
0
0
1278
1276
1274
1272
1270
1268
1266
1264
1260
1258
1256
1212
1206
2001 12
9
1
12
5
3
12
4
9
12
4
5
12
0
9
2022
2024
2028
2030
12
8
6
2022
12
6
6
12
6
2
12
3
2
12
5
7
12
4
5
12
3
5
12
2
3
2021
12
0
7
12
9
2
12
6
6
12
6
0
12
5
4
12
5
0
12
4
6
12
4
2
12
1
0
12
3
1
204412
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
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3
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12
3
5
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2
1
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1
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1
1
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7
6
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6
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6
4
12
6
2
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5
6
12
5
0
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4
2
12
3
4
12
3
2
12
2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
8
3
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
12
4
5
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3
9
12
3
5
12
3
3
12
3
1
12
2
1
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1
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1
1
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0
12
6
6
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6
2
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6
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5
6
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5
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4
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3
8
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3
4
12
3
0
12
2
4
12
2
2
12
2
0
12
1
2
12
5
3
2077
2063
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
12
3
5
12
2
7
12
2
3
12
1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
RU
RU
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\zonANX2014-
09016.docx
ZONING MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
10
11
12
13
14
1
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3
5
6
78
9
10
1
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3
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LMDR
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1186
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2 0 2 4
2061
2066
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4
12
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8
1980
11
8
5
2030
2024
2020
2014
2012
2067
20252021
12
5
9
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7
1
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3
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0
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0
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1278
1276
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1272
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1258
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9
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\existANX2014-
09016.docx
EXISTING SURROUNDING USES MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
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I D L E W I L D D R
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BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
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Single Family Residential
Single Family Residential
Multi
Family
Residential
View looking south at the subject property, 1215 Union StreetEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09016
Joseph Zeller
1215 Union Street
View looking easterly along Union StreetView looking westerly along Union Street
View looking north at the subject property, 1244 Palm StreetWest of the subject property
East of the subject propertyAcross the street, to the south of the subject property
ANX2014-09016
Enrique Venegas
1244 Palm Street
View looking easterly along Palm StreetView looking westerly along Palm Street
View looking south at the subject property, 1301 IdlewildDriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09016
Barbara Green
1301 IdlewildDrive
View looking easterly along IdlewildDriveView looking westerly along IdlewildDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8609-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8609-14 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate certain real property whose post office
addresses are 1244 Palm Street and 1301 Idlewild Drive, together with certain abutting
Right-of-Way of Idlewild Drive, upon annexation into the City of Clearwater, as Residential
Urban (RU).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8609-14
ORDINANCE NO. 8609-14
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 1215 UNION
STREET, 1244 PALM STREET AND 1301 IDLEWILD
DRIVE, TOGETHER WITH CERTAIN ABUTTING RIGHT-
OF-WAY OF IDLEWILD DRIVE AND UNION STREET,
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
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached Exhibit A for legal descriptions Residential Urban
(RU)
(ANX2014-09016)
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. 8608-14.
2 Ordinance No. 8609-14
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
ANX2014‐09016
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0100 Lot 10, Block A 1215 Union Street
2. 03-29-15-15840-001-0280 Lot 28, Block A 1244 Palm Street
together with:
- South half of 60 foot Right-of-Way of Union Street abutting Lot 10, Block A.
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
3. 03-29-15-12060-011-0010 Lot 1, Block K 1301 Idlewild Drive
together with:
- all abutting Right-of-Way of Idlewild Drive.
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(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
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RU
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UNION ST
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12
6
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7
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4
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9
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7
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1
1
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6
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8
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6
2
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6
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5
0
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3
4
12
3
2
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2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
8
3
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
12
4
5
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3
9
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1
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2
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5
0
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4
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3
8
12
3
4
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3
0
12
2
4
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2
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12
1
2
12
5
3
2077
2063
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
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3
5
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2
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2
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1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
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½
-N
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RU
RU
RU
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\locANX2014-
09016.docx
LOCATION MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
^
^^-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
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S
u
r
v
e
y
-
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\aerANX2014-
09016.docx
AERIAL PHOTOGRAPH
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
12
1
5
12
4
4
13
0
1
UNION ST UNION ST
BE
T
T
Y
L
N
BE
T
T
Y
L
N
PALM ST PALM ST
IDLEWILD D R IDLEWILD D R
DOUGLAS AVE
DOUGLAS AVE
BERMUDA ST BERMUDA ST
SEDEEVA CIR NSEDEEVA CIR N
WOODLAWN TER WOODLAWN TER
OAKDALE WAY
OAKDALE WAY
PINECREST WAY
PINECREST WAY
-N
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o
S
c
a
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\proANX2014-
09016.docx
PROPOSED ANNEXATION MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
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15840 46998
803 88
47
4
3
0
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B
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C
D E
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1
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9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
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7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
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6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
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5
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7
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11
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1 2 3
5
6
78
9
10
1
2
3
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5
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7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
2052
1212
2020
2031
2087
2000
11
8
7
1186
2022
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
12
7
1
12
6
7
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6
5
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6
1
12
4
1
12
3
5
12
3
1
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2
5
12
1
3
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9
1
12
9
6
12
6
0
12
5
6
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5
2
12
4
6
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6
1
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2
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2
2
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2
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12
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0
1
12
1
1
12
0
9
12
8
2
12
0
6
2077 12
8
3
12
0
7
13
0
1
2026
12
6
5
12
6
7
12
5
5
12
5
9
2073
2071
2079
2083
2038
2048
2058
2029
2021
1995
2022
2 0 1 7
12
3
4
2027
2020
2021
2 0 1 5
2 0 2 4
2061
2066
20702074
12
7
4
12
7
8
1980
11
8
5
2030
2024
2020
2014
2012
2067
20252021
12
5
9
12
7
1
12
6
3
13
0
9
13
1
0
2063
2065
2069
13
0
0
1278
1276
1274
1272
1270
1268
1266
1264
1260
1258
1256
1212
1206
2001 12
9
1
12
5
3
12
4
9
12
4
5
12
0
9
2022
2024
2028
2030
12
8
6
2022
12
6
6
12
6
2
12
3
2
12
3
5
12
2
3
2021
12
0
7
12
9
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6
6
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6
0
12
5
4
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5
0
12
4
6
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4
2
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204412
9
3
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7
9
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7
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7
1
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6
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1
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6
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5
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0
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3
4
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3
2
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2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
8
3
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
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3
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3
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3
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3
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2
0
12
1
2
12
5
3
2063
12
7
5
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7
3
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7
1
12
4
7
12
4
5
12
4
1
12
3
7
12
3
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12
1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-N
o
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o
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c
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o
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u
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v
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\fluANX2014-
09016.docx
FUTURE LAND USE MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
10
11
12
13
14
1
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
RU
RU
RU
RU
RU
RU RU
RU
RU
RU
RU
RU
RU
RU
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
1212
2020
1186
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
12
7
1
12
6
7
12
6
5
12
6
1
12
4
1
12
3
5
12
3
1
12
2
5
12
1
3
12
9
1
12
9
6
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
4
3
12
9
0
12
8
4
12
8
0
12
7
2
12
2
6
12
2
2
12
2
0
12
2
5
12
0
1
12
0
9
12
8
2
12
0
6
12
8
3
12
0
7
13
0
1
2026
12
6
5
12
6
7
12
5
5
12
5
9
2073
2071
2079
2083
2038
2052
2048
2058
2029
2021
1995
2022
2 0 1 7
12
3
4
2027
2020
2021
2 0 1 5
2031
2 0 2 4
2061
2066
20702074
12
7
4
12
7
8
2087
1980
2000
11
8
7
11
8
5
2030
2024
2022
2020
2014
2012
2067
20252021
12
5
9
12
7
1
12
6
3
13
0
9
13
1
0
2063
2065
2069
13
0
0
1278
1276
1274
1272
1270
1268
1266
1264
1260
1258
1256
1212
1206
2001 12
9
1
12
5
3
12
4
9
12
4
5
12
0
9
2022
2024
2028
2030
12
8
6
2022
12
6
6
12
6
2
12
3
2
12
5
7
12
4
5
12
3
5
12
2
3
2021
12
0
7
12
9
2
12
6
6
12
6
0
12
5
4
12
5
0
12
4
6
12
4
2
12
1
0
12
3
1
204412
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
3
9
12
3
5
12
2
1
12
1
7
12
1
1
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7
6
12
6
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6
4
12
6
2
12
5
6
12
5
0
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4
2
12
3
4
12
3
2
12
2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
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
3
5
12
3
3
12
3
1
12
2
1
12
1
5
12
1
1
12
7
0
12
6
6
12
6
2
12
6
0
12
5
6
12
5
0
12
4
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4
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3
8
12
3
4
12
3
0
12
2
4
12
2
2
12
2
0
12
1
2
12
5
3
2077
2063
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
12
3
5
12
2
7
12
2
3
12
1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
RU
RU
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\zonANX2014-
09016.docx
ZONING MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
10
11
12
13
14
1
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
LMDR
12
6
3
2081
2040
2052
1212
2020
2031
2087
2000
11
8
7
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\existANX2014-
09016.docx
EXISTING SURROUNDING USES MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
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Single Family Residential
Single Family Residential
Multi
Family
Residential
View looking south at the subject property, 1215 Union StreetEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09016
Joseph Zeller
1215 Union Street
View looking easterly along Union StreetView looking westerly along Union Street
View looking north at the subject property, 1244 Palm StreetWest of the subject property
East of the subject propertyAcross the street, to the south of the subject property
ANX2014-09016
Enrique Venegas
1244 Palm Street
View looking easterly along Palm StreetView looking westerly along Palm Street
View looking south at the subject property, 1301 IdlewildDriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09016
Barbara Green
1301 IdlewildDrive
View looking easterly along IdlewildDriveView looking westerly along IdlewildDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8610-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8610-14 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office addresses are 1244 Palm Street and 1301 Idlewild
Drive, together with certain abutting Right-of-Way of Idlewild Drive, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8610-14
ORDINANCE NO. 8610-14
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 1215 UNION STREET, 1244 PALM
STREET AND 1301 IDLEWILD DRIVE, TOGETHER WITH
CERTAIN ABUTTING RIGHT-OF-WAY OF IDLEWILD
DRIVE AND UNION STREET, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described 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. 8608-14.
Property Zoning District
See attached Exhibit A for legal descriptions Low Medium Density Residential
(ANX2014-09016)
2 Ordinance No. 8610-14
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
ANX2014‐09016
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0100 Lot 10, Block A 1215 Union Street
2. 03-29-15-15840-001-0280 Lot 28, Block A 1244 Palm Street
together with:
- South half of 60 foot Right-of-Way of Union Street abutting Lot 10, Block A.
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
3. 03-29-15-12060-011-0010 Lot 1, Block K 1301 Idlewild Drive
together with:
- all abutting Right-of-Way of Idlewild Drive.
The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas
County, Florida.
Exhibit B
ZONING MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
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7
12
5
5
12
5
7
12
5
1
12
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5
12
3
9
12
3
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3
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3
1
12
2
1
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0
12
6
6
12
6
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12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
3
8
12
3
4
12
3
0
12
2
4
12
2
2
12
2
0
12
1
2
12
5
3
2063
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
12
3
5
12
2
7
12
2
3
12
1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-N
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LMDR
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\locANX2014-
09016.docx
LOCATION MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
^
^^-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\Union Street 1215 ANX2014-09016 - Zeller\Maps\aerANX2014-
09016.docx
AERIAL PHOTOGRAPH
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
12
1
5
12
4
4
13
0
1
UNION ST UNION ST
BE
T
T
Y
L
N
BE
T
T
Y
L
N
PALM ST PALM ST
IDLEWILD D R IDLEWILD D R
DOUGLAS AVE
DOUGLAS AVE
BERMUDA ST BERMUDA ST
SEDEEVA CIR NSEDEEVA CIR N
WOODLAWN TER WOODLAWN TER
OAKDALE WAY
OAKDALE WAY
PINECREST WAY
PINECREST WAY
-N
o
t
t
o
S
c
a
l
e
-
-N
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u
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v
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y
-
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\proANX2014-
09016.docx
PROPOSED ANNEXATION MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
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3
4
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12
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1
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8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
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5
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7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
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7
8
9
10
11
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1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
2052
1212
2020
2031
2087
2000
11
8
7
1186
2022
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
12
7
1
12
6
7
12
6
5
12
6
1
12
4
1
12
3
5
12
3
1
12
2
5
12
1
3
12
9
1
12
9
6
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
4
3
12
9
0
12
8
4
12
8
0
12
7
2
12
2
6
12
2
2
12
2
0
12
2
5
12
0
1
12
1
1
12
0
9
12
8
2
12
0
6
2077 12
8
3
12
0
7
13
0
1
2026
12
6
5
12
6
7
12
5
5
12
5
9
2073
2071
2079
2083
2038
2048
2058
2029
2021
1995
2022
2 0 1 7
12
3
4
2027
2020
2021
2 0 1 5
2 0 2 4
2061
2066
20702074
12
7
4
12
7
8
1980
11
8
5
2030
2024
2020
2014
2012
2067
20252021
12
5
9
12
7
1
12
6
3
13
0
9
13
1
0
2063
2065
2069
13
0
0
1278
1276
1274
1272
1270
1268
1266
1264
1260
1258
1256
1212
1206
2001 12
9
1
12
5
3
12
4
9
12
4
5
12
0
9
2022
2024
2028
2030
12
8
6
2022
12
6
6
12
6
2
12
3
2
12
3
5
12
2
3
2021
12
0
7
12
9
2
12
6
6
12
6
0
12
5
4
12
5
0
12
4
6
12
4
2
12
1
0
12
3
1
204412
9
3
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
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5
9
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5
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5
1
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7
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4
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3
9
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2
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1
7
12
1
1
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6
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6
8
12
6
4
12
6
2
12
5
6
12
5
0
12
4
2
12
3
4
12
3
2
12
2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
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
3
5
12
3
3
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3
1
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2
1
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1
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0
12
6
6
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6
2
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6
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3
8
12
3
4
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3
0
12
2
4
12
2
2
12
2
0
12
1
2
12
5
3
2063
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
12
3
5
12
2
7
12
2
3
12
1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-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\Union Street 1215 ANX2014-09016 - Zeller\Maps\fluANX2014-
09016.docx
FUTURE LAND USE MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
10
11
12
13
14
1
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
RU
RU
RU
RU
RU
RU RU
RU
RU
RU
RU
RU
RU
RU
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
1212
2020
1186
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
12
7
1
12
6
7
12
6
5
12
6
1
12
4
1
12
3
5
12
3
1
12
2
5
12
1
3
12
9
1
12
9
6
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
4
3
12
9
0
12
8
4
12
8
0
12
7
2
12
2
6
12
2
2
12
2
0
12
2
5
12
0
1
12
0
9
12
8
2
12
0
6
12
8
3
12
0
7
13
0
1
2026
12
6
5
12
6
7
12
5
5
12
5
9
2073
2071
2079
2083
2038
2052
2048
2058
2029
2021
1995
2022
2 0 1 7
12
3
4
2027
2020
2021
2 0 1 5
2031
2 0 2 4
2061
2066
20702074
12
7
4
12
7
8
2087
1980
2000
11
8
7
11
8
5
2030
2024
2022
2020
2014
2012
2067
20252021
12
5
9
12
7
1
12
6
3
13
0
9
13
1
0
2063
2065
2069
13
0
0
1278
1276
1274
1272
1270
1268
1266
1264
1260
1258
1256
1212
1206
2001 12
9
1
12
5
3
12
4
9
12
4
5
12
0
9
2022
2024
2028
2030
12
8
6
2022
12
6
6
12
6
2
12
3
2
12
5
7
12
4
5
12
3
5
12
2
3
2021
12
0
7
12
9
2
12
6
6
12
6
0
12
5
4
12
5
0
12
4
6
12
4
2
12
1
0
12
3
1
204412
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
3
9
12
3
5
12
2
1
12
1
7
12
1
1
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7
6
12
6
8
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6
4
12
6
2
12
5
6
12
5
0
12
4
2
12
3
4
12
3
2
12
2
8
12
2
0
12
1
6
12
1
2
12
0
6
2049 2060
2064
206612
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
3
5
12
3
3
12
3
1
12
2
1
12
1
5
12
1
1
12
7
0
12
6
6
12
6
2
12
6
0
12
5
6
12
5
0
12
4
6
12
4
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3
8
12
3
4
12
3
0
12
2
4
12
2
2
12
2
0
12
1
2
12
5
3
2077
2063
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
12
3
5
12
2
7
12
2
3
12
1
9
12
1
5
12
1
1
1999
1997
1996
2017
2031
1186A
024½
12
4
4
½
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
RU
RU
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\zonANX2014-
09016.docx
ZONING MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
60
60
15840 46998
803 88
47
4
3
0
A
F
K
O
A
B
C
G
A
B
C
D E
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
10
11
12
13
14
1
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
2
3
4
5 678 9 10 11 12 13 141516 17
12345678910111213912345
6
7 8 9 10 11 12
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
2
4
6
9
10
1
2
3 4 5 6 7 8 9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1
2 3 4 5 6 7 8
9
10
11
12
13
14
151617181920
2122
23
24
25
26
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
1
1
1
1
1
1
1
UNION ST
BE
T
T
Y
L
N
PALM ST
I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
LMDR
12
6
3
2081
2040
2052
1212
2020
2031
2087
2000
11
8
7
1186
2022
2016
12
4
4
2080
13
0
0
1244
1240
1236
1234
1230
1222
1200
12
9
5
12
8
7
12
8
3
12
7
7
12
7
3
12
7
1
12
6
7
12
6
5
12
6
1
12
4
1
12
3
5
12
3
1
12
2
5
12
1
3
12
9
1
12
9
6
12
6
0
12
5
6
12
5
2
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2061
2066
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8
1980
11
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2020
2014
2012
2067
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9
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union Street 1215 ANX2014-09016 - Zeller\Maps\existANX2014-
09016.docx
EXISTING SURROUNDING USES MAP
Owner(s): Idlewild Area - Multiple Owners Case: ANX2014-09016
Site:
Generally south of Union Street, east of
Douglas Avenue, north of Sunset Point Road
(State Route 576), and west of Kings Highway.
Property
Size(Acres):
ROW (Acres):
0.397
0.18
Land Use Zoning
PIN:
03-29-15-15840-001-0100
03-29-15-15840-001-0280
03-29-15-23060-011-0010 From :
To:
RU R-4
RU LMDR Atlas Page: 251B
50
50
60
60
60
60
66
60
60
60
0
60 60
60
60
60
60
60
60
60
60
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803 88
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2324252627282930313233343536
1
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1
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UNION ST
BE
T
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I D L E W I L D D R
DOUGLAS AVE
BERMUDA ST
SEDEEVA CIR N
WOODLAWN TER
12
6
3
2081
2040
2052
1212
2020
2031
2087
2000
11
8
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12
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2071
2079
2083
2038
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2058
2029
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2022
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2021
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2066
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11
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2020
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2012
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Single Family Residential
Single Family Residential
Multi
Family
Residential
View looking south at the subject property, 1215 Union StreetEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09016
Joseph Zeller
1215 Union Street
View looking easterly along Union StreetView looking westerly along Union Street
View looking north at the subject property, 1244 Palm StreetWest of the subject property
East of the subject propertyAcross the street, to the south of the subject property
ANX2014-09016
Enrique Venegas
1244 Palm Street
View looking easterly along Palm StreetView looking westerly along Palm Street
View looking south at the subject property, 1301 IdlewildDriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2014-09016
Barbara Green
1301 IdlewildDrive
View looking easterly along IdlewildDriveView looking westerly along IdlewildDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8613-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.8
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8613-14 on second reading, annexing certain real property whose post office
address is 815 Woodruff Avenue, Clearwater, Florida 33756, together with all abutting
right-of-way of Woodruff Avenue, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8613-14
ORDINANCE NO. 8613-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF WOODRUFF AVENUE,
APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD,
CONSISTING OF LOT 11, BLOCK A, OAK ACRES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 815
WOODRUFF AVENUE, CLEARWATER, FLORIDA 33756,
TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF
WOODRUFF AVENUE, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 11, Block A, OAK ACRES SUBDIVISION, according to the map or
plat thereof, as recorded in the Plat Book 27, Page 11, Public
Records of Pinellas County, Florida
(ANX2014-09018)
The map attached as Exhibit A 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. 8613-14
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
PROPOSED ANNEXATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
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1 2 3
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1 2 3
4
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7
8 9
10
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13 4
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7
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1
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1
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DRUID RD
S KEENE RD
MAGNOLIA DR
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\locANX2014-
09018.docx
LOCATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
^
PROJECT
SITE
DRUID RD
S KEENE RD
LAKEVIEW RD
S
D
U
N
C
A
N
A
V
E
BRENTWOOD DR
WOODCREST AVE
REGENT AVE
WOODSIDE AVE
WOODRUFF AVE SPENCER AVE
KENDALL DR
MEADOW LN
BEVERLY CIR N
BROOKSIDE RD
JEFFORDS ST
WILLOWBRANCH AVE
OAK LAKE DR
MAGNOLIA DR
ESTELLE DR
WOODSIDE AVE
JEFFORDS ST
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\aerANX2014-
09018.docx
AERIAL PHOTOGRAPH
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
815815
DRUID RD DRUID RD
S KEENE RD
S KEENE RD
MAGNOLIA DR MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
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D
R
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F
A
V
E
WOO
D
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A
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WO
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D
CR
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S
T
AV
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MAGNOLIA DR MAGNOLIA DR
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\proANX2014-
09018.docx
PROPOSED ANNEXATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
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1 2 3
4
5
6
7
8 9
10
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13 4
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8
1
3
1
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1
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DRUID RD
S KEENE RD
MAGNOLIA DR
WO
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17
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5
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4
9
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17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
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17
42
180
0
173
6
710
815
715
711
17
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\fluANX2014-
09018.docx
FUTURE LAND USE MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
RL RL
RU RU
RL
RL
RU
RL RL
RU
RU
RU
RL
RU RU
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
809 809
821
815
811
809
805
1768
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
819
815
805
715
711
805
17
64
17
84
179
8
Tr
a
f
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\zonANX2014-
09018.docx
ZONING MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
LMDR
MDR
LDR 818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
180
0
710
815
715
711
17
84
17
42
173
6
179
8
Tr
a
f
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
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y
-
LDMR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\exiANX2014-
09018.docx
EXISITING SURROUNDING USES MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
1003
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
815
715
711
17
84
179
8
Tr
a
f
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
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v
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Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
View looking east at the subject property, 815 Woodruff AvenueNorth of the subject property
South of the subject propertyAcross the street, to the west of the subject
property
ANX2014-09018
Matthew J. Larsen
815 Woodruff Avenue
View looking northerly along Woodruff AvenueView looking southerly along Woodruff Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8614-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.9
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8614-14 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate certain real property whose post office
address is 815 Woodruff Avenue, Clearwater, Florida 33756, together with all abutting
right-of-way of Woodruff Avenue, upon annexation into the City of Clearwater, as Residential
Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8614-14
ORDINANCE NO. 8614-14
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
PROPERTY LOCATED ON THE EAST SIDE OF
WOODRUFF AVENUE, APPROXIMATELY 300 FEET
SOUTH OF DRUID ROAD, CONSISTING OF LOT 11,
BLOCK A, OAK ACRES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 815 WOODRUFF AVENUE,
CLEARWATER, FLORIDA 33756, TOGETHER WITH ALL
ABUTTING RIGHT-OF-WAY OF WOODRUFF AVENUE,
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
Lot 11, Block A, OAK
ACRES SUBDIVISION,
according to the map
or plat thereof, as
recorded in the Plat
Book 27, Page 11,
Public Records of
Pinellas County,
Florida; Together with
all abutting Right-of-
Way of WOODRUFF
AVENUE.
Residential
Low (RL)
(ANX2014-09018)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
2 Ordinance No. 8614-14
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8613-14.
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
FUTURE LAND USE MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
RL RL
RU RU
RL
RL
RU
RL RL
RU
RU
RU
RL
RU RU
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
809 809
821
815
811
809
805
1768
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
819
815
805
715
711
805
17
64
17
84
179
8
Tr
a
f
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\locANX2014-
09018.docx
LOCATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
^
PROJECT
SITE
DRUID RD
S KEENE RD
LAKEVIEW RD
S
D
U
N
C
A
N
A
V
E
BRENTWOOD DR
WOODCREST AVE
REGENT AVE
WOODSIDE AVE
WOODRUFF AVE SPENCER AVE
KENDALL DR
MEADOW LN
BEVERLY CIR N
BROOKSIDE RD
JEFFORDS ST
WILLOWBRANCH AVE
OAK LAKE DR
MAGNOLIA DR
ESTELLE DR
WOODSIDE AVE
JEFFORDS ST
-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\Woodruff 815 ANX2014-09018 - Larsen\Maps\aerANX2014-
09018.docx
AERIAL PHOTOGRAPH
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
815815
DRUID RD DRUID RD
S KEENE RD
S KEENE RD
MAGNOLIA DR MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
R
U
F
F
A
V
E
WOO
D
C
RE
S
T
A
VE
WO
O
D
CR
E
S
T
AV
E
MAGNOLIA DR MAGNOLIA DR
-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\Woodruff 815 ANX2014-09018 - Larsen\Maps\proANX2014-
09018.docx
PROPOSED ANNEXATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
1003
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
815
715
711
17
84
179
8
Tr
a
f
-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\Woodruff 815 ANX2014-09018 - Larsen\Maps\fluANX2014-
09018.docx
FUTURE LAND USE MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
RL RL
RU RU
RL
RL
RU
RL RL
RU
RU
RU
RL
RU RU
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
809 809
821
815
811
809
805
1768
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
819
815
805
715
711
805
17
64
17
84
179
8
Tr
a
f
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\zonANX2014-
09018.docx
ZONING MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
LMDR
MDR
LDR 818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
180
0
710
815
715
711
17
84
17
42
173
6
179
8
Tr
a
f
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LDMR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\exiANX2014-
09018.docx
EXISITING SURROUNDING USES MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
1003
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
815
715
711
17
84
179
8
Tr
a
f
-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
View looking east at the subject property, 815 Woodruff AvenueNorth of the subject property
South of the subject propertyAcross the street, to the west of the subject
property
ANX2014-09018
Matthew J. Larsen
815 Woodruff Avenue
View looking northerly along Woodruff AvenueView looking southerly along Woodruff Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8615-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.10
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8615-14 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 815 Woodruff Avenue, Clearwater, Florida
33756, together with all abutting right-of-way of Woodruff Avenue, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8615-14
ORDINANCE NO. 8615-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF WOODRUFF AVENUE,
APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD,
CONSISTING OF LOT 11, BLOCK A, OAK ACRES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 815
WOODRUFF AVENUE, CLEARWATER, FLORIDA 33756,
TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF
WOODRUFF AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
The map attached as Exhibit A 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. 8613-14.
Property Zoning District
Lot 11, Block A, OAK ACRES
SUBDIVISION, according to the
map or plat thereof, as recorded
in the Plat Book 27, Page 11,
Public Records of Pinellas
County, Florida; Together with
all abutting Right-of-Way of
WOODRUFF AVENUE.
Low Medium Density Residential
(LMDR)
(ANX2014-09018)
2 Ordinance No. 8615-14
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
ZONING MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
LMDR
MDR
LDR 818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
180
0
710
815
715
711
17
84
17
42
173
6
179
8
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LDMR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\locANX2014-
09018.docx
LOCATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
^
PROJECT
SITE
DRUID RD
S KEENE RD
LAKEVIEW RD
S
D
U
N
C
A
N
A
V
E
BRENTWOOD DR
WOODCREST AVE
REGENT AVE
WOODSIDE AVE
WOODRUFF AVE SPENCER AVE
KENDALL DR
MEADOW LN
BEVERLY CIR N
BROOKSIDE RD
JEFFORDS ST
WILLOWBRANCH AVE
OAK LAKE DR
MAGNOLIA DR
ESTELLE DR
WOODSIDE AVE
JEFFORDS ST
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\aerANX2014-
09018.docx
AERIAL PHOTOGRAPH
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
815815
DRUID RD DRUID RD
S KEENE RD
S KEENE RD
MAGNOLIA DR MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
R
U
F
F
A
V
E
WOO
D
C
RE
S
T
A
VE
WO
O
D
CR
E
S
T
AV
E
MAGNOLIA DR MAGNOLIA DR
-N
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\proANX2014-
09018.docx
PROPOSED ANNEXATION MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
1003
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
815
715
711
17
84
179
8
Tr
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\fluANX2014-
09018.docx
FUTURE LAND USE MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
RL RL
RU RU
RL
RL
RU
RL RL
RU
RU
RU
RL
RU RU
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
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818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
809 809
821
815
811
809
805
1768
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
819
815
805
715
711
805
17
64
17
84
179
8
Tr
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RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\zonANX2014-
09018.docx
ZONING MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
LMDR
MDR
LDR 818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
180
0
710
815
715
711
17
84
17
42
173
6
179
8
Tr
a
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-N
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o
S
c
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LDMR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Woodruff 815 ANX2014-09018 - Larsen\Maps\exiANX2014-
09018.docx
EXISITING SURROUNDING USES MAP
Owner(s): Matthew J. Larsen Case: ANX2014-09018
Site: 815 Woodruff Avenue
Property
Size(Acres):
ROW Acres
0.323
0.138
Land Use Zoning
PIN: 14-29-15-61848-001-0110 From :
To:
RL R-2
RL LMDR Atlas Page: 297B
60
40
50
83
33
63
40
22
1
33/02
33/01
33/03
33/04
33/05
33/06
1.1733
40
50
83
60
6060
60
66
83
61848
61956
AB
2
1
9
8
6
7 8 2 1 1
20
21 2 7
1 2 3
4
5
6
7
8 9
10
11
12
13
1 2 3
4
5
6
7
8 9
10
11
12
13 4
5
6
7
8
1
3
1
A
1
21
DRUID RD
S KEENE RD
MAGNOLIA DR
WO
O
D
R
U
F
F
A
V
E
WO
O
D
CR
E
S
T
A
V
E
818
800
804
814
810
801
814
810
800
804
818
815814
808
818
804
801
821
819
809 809
805
821
805
815
811
809
805
1768
1764
1750
1766
1756
1750
17
4
9
1003
17
6
5
17
5
7
17
4
9
1004
17
3
7
17
40
17
3
7
18
0
9
17
6
7
1005
17
6
0
18
00
17
42
180
0
173
6
710
815
715
711
17
84
179
8
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Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
View looking east at the subject property, 815 Woodruff AvenueNorth of the subject property
South of the subject propertyAcross the street, to the west of the subject
property
ANX2014-09018
Matthew J. Larsen
815 Woodruff Avenue
View looking northerly along Woodruff AvenueView looking southerly along Woodruff Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8616-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.11
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8616-14 on second reading, annexing certain real property whose post office
address is 2107 Bell Cheer Drive, Clearwater, Florida 33764, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8616-14
ORDINANCE NO. 8616-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF BELL CHEER DRIVE,
APPROXIMATELY 1,200 FEET WEST OF SOUTH
BELCHER ROAD, CONSISTING OF LOT 1 AND 2,
PLEASANT RIDGE ESTATES, IN SECTION 24, TOWNSHIP
29 S, RANGE 15 E, WHOSE POST OFFICE ADDRESS IS
2107 BELL CHEER DRIVE, CLEARWATER, FLORIDA
33764, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 1 & 2, PLEASANT RIDGE ESTATES, according to the map or plat thereof, as
recorded in the Plat Book 53, Page 71, Public Records of Pinellas County, Florida;
(ANX2014-09017)
The map attached as Exhibit A 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. 8616-14
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
PROPOSED ANNEXATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
60 60
50696
125
124 123 122 121120119118 117 116115114113 112111
50
50
80
10
0
50
50
50
10
0
40
40
60 60
60
50
60
60
60
60
60
60
6
0
50
8
0
6
0
62406
62408
72144
064080642606444
31050
13158
22824
5 4
10 9 8 6 54 3 2 1
10 9 87 6 5 4 3 2 1
(62)11
40
41
42
43
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
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1 2 3321987 6 5 4 3 2 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
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1234
5
9
10
11
1213
14
15
16 17
1 2
6 7 8
8
7
14 15 16 17
131211
16
13/01
5.9
12/03
8.93
11/01
5.11
11/04
4.76
11/0911/0811/0511/03
11/02 11/06 11/07 11/10
A C(C)
A C(C)
A C
A C
1
BURNICE DR
LAKEVIEW RD
S
B
E
L
C
H
E
R
R
D
VIOLA DR
BELL CHEER DR
DORADO PL
YULEE DR
7 86
234
5
1320
1282
1220
2172
2130
2149
1300 2119
2125
2131
2165
2173
2149
2187
2195
2099
2147
2179
2185
2109
2117
2101
2117
2109
2155
2161
2147
2167
2173
2178
1276
1332
2100
1341
2176
2160
2198
2197
2191
2185
2173
2167
2157
2155
2149
2143
2139
2125
2188
2174
2160
2142
2124
2106
2106
2111
2115
2 1 1 9
2135
2143
1222
1228
1234
2073
2091
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1290Traf
99
181
9587
12002148
2140
2148
2154
2161
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2137
2143
2167
1331
175
167
159
151
143
125
137
131
1
2
1
6
2141
2157
2191
2199
11081109
08
2206
2173
2107
2191
2131
2143
2125
2135
2152
2134
2130
2122
2116
2100
2125
2133
2181
2184
2190
2166
2160
13302194
1342
2186
2180
2168
2152
2144
2138
2132
2126
2192
2166
2138
2130
2118
2112
2100 2123
2127
2124
2110
2118
2070
2076
2085
2079
2112
1
1
1
1
1
1
1107
1111
1
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1
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 -
Mann\Maps\Location Map ANX2014-09017.docx
LOCATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
^
PROJECT
SITE
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 -
Mann\Maps\Aerial ANX2014-09017.docx
Aerial Photograph
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
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BURNICE DR BURNICE DR
LAKEVIEW RD LAKEVIEW RD
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BELL CHEER DR BELL CHEER DR
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YULEE DR
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PLEASANT PKWY PLEASANT PKWY
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 - Mann\Maps\Proposed
Annexation ANX2014-09017.docx
PROPOSED ANNEXATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\FLU Map
ANX2014-09017.docx
FUTURE LAND USE MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\Zoning Map
ANX2014-09017.docx
ZONING MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
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LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\Existing
ANX2014-09017.docx
EXISTING SURROUNDING USES MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
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LAKEVIEW RD
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DORADO PL
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Single Family
Residential
Single Family
Residential
Single Family
Residential
Vacant
Single Family
Residential
View looking south at the subject property,
2107 Bell Cheer Drive Across Bell Cheer Drive, north of the subject property
West of the subject propertyAcross Pleasant Parkway east of the subject property
Looking westerly along Bell Cheer DriveLooking easterly along Bell Cheer Drivegyggyg
ANX2014-09017
Roger and Carolyn Mann
2107 Bell Cheer Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8617-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.12
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8617-14 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate certain real property whose post office
address is 2107 Bell Cheer Drive, Clearwater, Florida 33764, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8617-14
ORDINANCE NO. 8617-14
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
PROPERTY LOCATED ON THE SOUTH SIDE OF BELL
CHEER DRIVE, APPROXIMATELY 1,200 FEET WEST OF
SOUTH BELCHER ROAD, CONSISTING OF LOT 1 AND 2,
PLEASANT RIDGE ESTATES, IN SECTION 24,
TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE
ADDRESS IS 2107 BELL CHEER DRIVE, CLEARWATER,
FLORIDA 33764, 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
Lot 1 & 2, PLEASANT RIDGE
ESTATES, according to the
map or plat thereof, as
recorded in the Plat Book 53,
Page 71, Public Records of
Pinellas County, Florida;
Residential Low
(RL)
(ANX2014-09017)
The map attached as Exhibit A 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. 8616-14.
2 Ordinance No. 8617-14
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
FUTURE LAND USE MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
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BURNICE DR
LAKEVIEW RD
S
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BELL CHEER DR
DORADO PL
YULEE DR
7 86
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2130
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2131
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2 1 1 9
2135
2143
1222
1228
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2091
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RU
WATER
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RU
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WATER
RU
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RU RU
1320
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 -
Mann\Maps\Location Map ANX2014-09017.docx
LOCATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
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Atlas Page: 308B
^
PROJECT
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 -
Mann\Maps\Aerial ANX2014-09017.docx
Aerial Photograph
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
BURNICE DR BURNICE DR
LAKEVIEW RD LAKEVIEW RD
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BELL CHEER DR BELL CHEER DR
DORADO PL DORADO PL
YULEE DR
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PLEASANT PKWY PLEASANT PKWY
B E L L D R
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 - Mann\Maps\Proposed
Annexation ANX2014-09017.docx
PROPOSED ANNEXATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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To:
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RL LMDR
Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\FLU Map
ANX2014-09017.docx
FUTURE LAND USE MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\Zoning Map
ANX2014-09017.docx
ZONING MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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To:
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Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\Existing
ANX2014-09017.docx
EXISTING SURROUNDING USES MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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To:
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Atlas Page: 308B
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Single Family
Residential
Single Family
Residential
Single Family
Residential
Vacant
Single Family
Residential
View looking south at the subject property,
2107 Bell Cheer Drive Across Bell Cheer Drive, north of the subject property
West of the subject propertyAcross Pleasant Parkway east of the subject property
Looking westerly along Bell Cheer DriveLooking easterly along Bell Cheer Drivegyggyg
ANX2014-09017
Roger and Carolyn Mann
2107 Bell Cheer Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8618-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.13
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8618-14 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 2107 Bell Cheer Drive, Clearwater, Florida
33764, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8618-14
ORDINANCE NO. 8618-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATEDON
THE SOUTH SIDE OF BELL CHEER DRIVE,
APPROXIMATELY 1,200 FEET WEST OF SOUTH
BELCHER ROAD, CONSISTING OF LOT 1 AND 2,
PLEASANT RIDGE ESTATES, IN SECTION 24,
TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE
ADDRESS IS 2107 BELL CHEER DRIVE, CLEARWATER,
FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
The map attached as Exhibit A 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.8616-14.
Property Zoning District
Lot 1 & 2, PLEASANT RIDGE ESTATES,
according to the map or plat thereof, as
recorded in the Plat Book 53, Page 71,
Public Records of Pinellas County, Florida;
Low Medium Density Residential
(LMDR)
(ANX2014-09017)
2 Ordinance No. 8618-14
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
ZONING MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 -
Mann\Maps\Location Map ANX2014-09017.docx
LOCATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
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Atlas Page: 308B
^
PROJECT
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 -
Mann\Maps\Aerial ANX2014-09017.docx
Aerial Photograph
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
BURNICE DR BURNICE DR
LAKEVIEW RD LAKEVIEW RD
S
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VIOLA DR VIOLA DR
BELL CHEER DR BELL CHEER DR
DORADO PL DORADO PL
YULEE DR
YULEE DR
PLEASANT PKWY PLEASANT PKWY
B E L L D R
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer 2107 ANX2014-09017 - Mann\Maps\Proposed
Annexation ANX2014-09017.docx
PROPOSED ANNEXATION MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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To:
RL R-3
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Atlas Page: 308B
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LAKEVIEW RD
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\FLU Map
ANX2014-09017.docx
FUTURE LAND USE MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\Zoning Map
ANX2014-09017.docx
ZONING MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
From :
To:
RL R-3
RL LMDR
Atlas Page: 308B
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\2107 Bell Cheer\Maps\Existing
ANX2014-09017.docx
EXISTING SURROUNDING USES MAP
Owner: Roger D. & Carolyn A. Mann Case: ANX2014-09017
Site: 2107 Bell Cheer Drive Property
Size (Acres): 0.454 acres
Land Use Zoning
PIN: 24-29-15-72144-000-0010
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To:
RL R-3
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Atlas Page: 308B
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LAKEVIEW RD
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BELL CHEER DR
DORADO PL
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2125
2131
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2180
2168
2152
2144
2138
2132
2126
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2166
2138
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2100 2123
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2124
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Single Family
Residential
Single Family
Residential
Single Family
Residential
Vacant
Single Family
Residential
View looking south at the subject property,
2107 Bell Cheer Drive Across Bell Cheer Drive, north of the subject property
West of the subject propertyAcross Pleasant Parkway east of the subject property
Looking westerly along Bell Cheer DriveLooking easterly along Bell Cheer Drivegyggyg
ANX2014-09017
Roger and Carolyn Mann
2107 Bell Cheer Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8620-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 2
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.14
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8620-14 on second reading, amending Ordinances 3674-84 and 6915-01
regarding Reserve Requirements for future Water and Sewer revenue bonds.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8620-14
1
ORDINANCE NO. 8620-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE NO. 3674-84, AND ORDINANCE NO.
6915-01; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted
pursuant to Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and
pursuant to Section 21 of Ordinance No. 3674-84 (the “1984 Ordinance”) and is supplemental to
and amending of the Original Ordinance, as amended by Ordinance No. 6915-01 (the “2001
Ordinance”).
SECTION 2. DEFINITIONS. All capitalized undefined terms shall have the same
meaning as set forth in the Original Ordinance (as herein defined).
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that:
A. The Issuer now owns, operates and maintains the System and is empowered to
maintain, operate, improve and extend such system and regulate and fix reasonable rates and
charges for the services furnished thereby.
B. The Issuer derives Gross Revenues from rates, fees and charges made and
collected for the services and facilities of the System supplying water and sanitary sewerage
services and the Gross Revenues are not pledged or encumbered in any manner, except for
payment of the Parity Bonds.
C. Any Series of Bonds and the project to be funded with the proceeds of such Series
of Bonds, shall be issued under the authority of the 1984 Ordinance as amended by the 2001
Ordinance (collectively as amended, the “Original Ordinance”) and such projects shall be
undertaken upon approval by subsequent resolution of the Issuer as provided by law. The
proceeds of any Series of Bonds shall be applied as provided in a supplemental ordinance or
resolution.
D. Since enactment of the Original Ordinance, the requirements of the capital markets
for the structure of debt instruments, specifically whether a debt service reserve is required to
market bonds, the increased activity of banking and other similar financial institutions in the
capital markets, and the enactment of various bond subsidy programs, the Original Ordinance
needs to be amended to adjust to these changed market conditions.
E. Section 21 of the 2001 Ordinance provides for the material amendment of the 1984
Ordinance with the consent of the insurer under any bond insurance policy for a Series of Bonds
then outstanding plus the consent of the Registered Owners of two-thirds in principal amount of
the Bonds then outstanding (the “Required Consents”), and Section 20 of the 2001 Ordinance
provides for the material amendment of the 2001 Ordinance with the consent of the Registered
Owners or fifty-one percent or more in the principal amount of Bonds of each Series so affected
and outstanding.
Ordinance No. 8620-14
2
F. The amendments to the Original Ordinance contained in this Ordinance shall become
effective upon the receipt of the consent of the Registered Owners of two-thirds in principal
amount of the Bonds then outstanding together with the consent of any insurer under any bond
insurance policy for a Series of Bonds then outstanding.
G. Each Series of Bonds authorized and issued pursuant to subsequent resolutions
adopted on and after the date of enactment of this Ordinance shall be issued with the express
understanding that the Registered Owners of such Series of Bonds consent to the amendments
set forth in this Ordinance, and upon the receipt of the required consent for these amendments,
each such Series of Bonds shall be subject to this Ordinance as if this Ordinance was fully in
effect on the date of issuance of such Series of Bonds.
SECTION 4. AMENDMENTS TO ORIGINAL ORDINANCE.
A. Subject to the receipt of the Required Consents, Section 2 of the 1984 Ordinance, as
amended in Section 2 of the 2001 Ordinance shall be amended to add the following new
defined terms to read as follows:
"Balloon Bonds" means Bonds of a Series designated as such by
Supplemental Resolution adopted in connection with the issuance thereof, for
which either (1) no serial maturities or Sinking Fund Installments prior to the
maturity thereof have been established, or (2) the aggregate of such serial
maturities and Sinking Fund Installments that have been established is less than
the amount necessary to amortize such Bonds on a substantially level debt
service basis.
"Qualified Agreement" means, to the extent from time to time permitted
pursuant to law, any contract or contracts entered into in connection with Bonds
under which payments are, in whole or in part, based on interest rate, cash flow,
or other basis desired by the Issuer, including, without limitation, contracts
commonly known as current or forward interest rate swap or swaption
agreements and interest rate floors or caps. Notwithstanding anything herein to
the contrary, "Qualified Agreement" shall not include goods and service supply
contracts.
"Variable Rate Bonds" shall mean obligations issued with a variable,
adjustable, convertible or other similar rate which is not fixed in percentage at the
date of issue for the entire term thereof as shall be determined by Supplemental
Resolution of the Issuer.
B. Subject to the receipt of the Required Consents, the following defined terms
contained in Section 2 of the 1984 Ordinance, as amended in Section 2 of the 2001 Ordinance
shall be amended to read as follows (deletions are indicated by a strikethrough and additions
are indicated by underlining):
"Bond Service Requirement" for any Fiscal Year, as applied to the Bonds
of any series, shall mean the sum of:
(1) the amount required to pay the interest becoming due on the Bonds of
such series during the Fiscal Year, except to the extent that such interest shall
Ordinance No. 8620-14
3
have been provided by payments into the Sinking Fund out of bond proceeds for
a specific period of time or by payments of investment income into the Sinking
Fund from the Bond Service Account or any subaccounts therein. Whenever
such income is applied in calculating a Bond Service Requirement for any
purpose, such income shall also be excluded in the computation of Gross
Revenues for such purpose.
(2) the amount required to pay the principal of Serial Bonds of such series
maturing in such Fiscal Year.
(3) the Amortization Installments for Term Bonds of such series for such
Fiscal Year.
(4) in the event the Issuer has purchased or entered into an agreement to
purchase Federal Securities or Authorized Investments from moneys in the Bond
Service Account, then the income received or to be received on such Federal
Securities or Authorized Investments from the date of acquisition thereof to the
date of maturity thereof, or when the Issuer issues a Series of Bonds pursuant to
a subsidy program offered by another governmental unit which provides for a
subsidy payment to the Issuer to pay all or any portion of interest or principal due
on such Series of Bonds, unless otherwise designated for other purposes, such
income or subsidy payment shall be taken into consideration in calculating the
payments which will be required to be made into the Sinking Fund and the Bond
Service Account therein. Whenever such income or subsidy payment is applied
in calculating a Bond Service Requirement for any purpose, such income or
subsidy payment shall also be excluded in the computation of Gross Revenues
for such purpose.
(5) with respect to Balloon Bonds, the unamortized principal coming due
on the final maturity date thereof shall be ignored and in lieu thereof there shall
be added to the Annual Debt Service for the applicable period of time in which
such final maturity occurs and to each year thereafter through the 30th
anniversary of the issuance of such Bonds (the "Reamortization Period") the
amount of substantially level principal and interest payments (assuming for such
purposes such interest rate as a financial advisor selected by the Issuer and
having experience in the pricing of municipal bonds shall determine is a
reasonable estimate of the rate that such Balloon Bonds would bear based upon
such Reamortization Period and the characteristics of such Balloon Bonds) that if
paid in each year during the Reamortization Period would be sufficient t o pay in
full the unamortized portion of such Balloon Bonds by such anniversary.
(6) with respect to Variable Rate Bonds which are not subject to a
Qualified Agreement, if any, the interest rate used to calculate the Bond Service
Requirement shall be the higher of (i) the actual rate on the date of calculation, or
if the indebtedness is not yet outstanding, the initial rate (if established and
binding), (ii) if the indebtedness has been outstanding for at least twelve months,
the average rate over the twelve months immediately preceding the date of
calculation, and (iii) if the indebtedness has been outstanding for twelve months
or less, (1) if interest on the indebtedness is excludable from gross income under
the applicable provisions of the Internal Revenue Code, the most recently
published Bond Buyer 25 Bond Revenue Index (or comparable index if no longer
Ordinance No. 8620-14
4
published) plus fifty (50) basis points, or (2) if interest is not so excludable, the
interest rate on direct U.S. Treasury Obligations with comparable maturities plus
fifty (50) basis points; provided, however, that for purposes of any rate covenant
measuring actual debt service coverage during a test period, Variable Rate
Bonds which are not subject to a Qualified Agreement shall be deemed to bear
interest at the actual rate per annum applicable during the test period.
"Reserve Requirement" shall be such amount as determined by
subsequent Resolution of the Issuer relating to a specific Series of Bonds
adopted prior to the issuance of such Bonds, which may not exceed the lesser of
(i) the Maximum Bond Service Requirement, (ii) 125% of the average annual
Bond Service Requirement or (iii) the largest amount as shall not adversely affect
the exclusion of interest on the Bonds from gross income for Federal income tax
purposes. The Issuer shall determine by subsequent Resolution relating to a
specific Series of Bonds adopted prior to the issuance of such Bonds whether
such Series of Bonds will be secured by the Reserve Account, and if such Series
of Bonds will be secured by a Reserve Account or a Reserve Subaccount,
whether such Series of Bonds will be secured by a separate Series specific
Reserve Subaccount or on a parity with other Series of Bonds in the Reserve
Account or a Reserve Subaccount, and if secured with other Series of Bonds on
a parity basis, which Series of Bonds will be so secured.
C. Subject to the receipt of the Required Consents, Section 16B of the 1984 Ordinance,
as amended, modified and restated in Section 17D of the 2001 Ordinance shall be amended to
read as follows (deletions are indicated by a strikethrough and additions are indicated by
underlining):
D. DISPOSITION OF REVENUES. All funds at any time remaining on
deposit in the Revenue Fund shall be disposed of on or before the twentieth day
of each month, commencing in the month immediately following the delivery of
the 2001 Bonds, for so long as any Bonds remain Outstanding, only in the fol-
lowing manner and in the following order of priority:
(1) Funds shall first be used for deposit into the Operation and
Maintenance Fund, which was established by the Original Ordinance, of such
sums as are necessary for the Cost of Operation and Maintenance, for the next
ensuing month.
(2) A sum as shall be determined by supplemental resolution of the Issuer
shall be deposited into the Construction Fund and used for the purpose of paying
Project Costs.
(3) From the moneys remaining in the Revenue Fund, the Issuer shall
next deposit into the Sinking Fund created by the Original Ordinance, such sums
as will be sufficient to pay (a) one-sixth (1/6) of all interest becoming due on the
Bonds on the next semi-annual interest payment date; (b) commencing in the
first month which is twelve (12) months or six (6) months prior to the first annual
or semi-annual maturity date, respectively, of any Serial Bonds, one-twelfth
(1/12) or one-sixth (1/6), respectively, of the amount of Serial Bonds which will
become due and payable on the next annual or semiannual principal maturity
Ordinance No. 8620-14
5
date, respectively, and (c) one-twelfth (1/12) of the Amortization Installment
required to be made on the next annual payment date or one-sixth (1/6) of the
Amortization Installment required to be made on the next semi-annual payment
date into a "Bond Amortization Account", created and established in the Sinking
Fund by the Original Ordinance. Such payments shall be credited to a separate
special account for each series of Term Bonds outstanding, and if there shall be
more than one stated maturity for Term Bonds of a series, then into a separate
special account in the Sinking Fund for each such separate maturity of Term
Bonds. The funds and investments in each such separate account shall be
pledged solely to the payment of principal of the Term Bonds of the series or
maturity within a series for which it is established and shall not be available for
payment, purchase or redemption of Term Bonds of any other series or within a
series, or for transfer to the Sinking Fund to make up any deficiencies in required
payments therein. The Amortization Installments may be due either annually or
semiannually, but in any event, the required payments as set forth above shall be
made monthly commencing in the first month which is six (6) months or twelve
(12) months, as the case may be, prior to the date on which the Amortization
Installment is required to be made pursuant to (c) above.
Upon the sale of any series of Term Bonds, the Issuer shall by resolution,
establish the amounts and maturities of such Amortization Installments for each
series, and if there shall be more than one maturity of Term Bonds within a
series, the Amortization Installments for the Term Bonds of each maturity. In the
event the moneys deposited for retirement of a maturity of Term Bonds are
required to be invested, in the manner provided below, the Amortization
Installments may be stated in terms of either the principal amount of the invest-
ments to be purchased on, or the cumulative amounts of the principal amount of
investments required to have been purchased by, the payment date of such
Amortization Installment.
Moneys on deposit in each of the separate special accounts in the Bond
Amortization Account shall be used for the open market purchase or the
redemption of Term Bonds of the series or maturity of Term Bonds within a
series for which such separate special account is established or may remain in
said separate special account and be invested until the stated date of maturity of
the Term Bonds. The resolution establishing the Amortization Installments for
any series or maturity of Term Bonds may limit the use of moneys to any one or
more of the uses set forth in the preceding sentence and may specify the type or
types of investments permitted hereunder to be purchased.
(4) Moneys remaining in the Revenue Fund shall next be applied by the
Issuer to maintain a either the Reserve Account or a separate Reserve
Subaccount, which Reserve Account was created and established by the Original
Ordinance and which each Reserve Subaccount is created by subsequent
Resolution relating to a specific Series of Bonds adopted prior to the issuance of
such Bonds, in a sum equal to the Reserve Requirement for each applicable
Series of Bonds, all or a portion of which sum may be initially provided from the
proceeds of the sale of the respective Series of Bonds and/or other moneys of
the Issuer. The Issuer shall thereafter deposit into said Reserve Account or
Reserve Subaccount, as applicable, an amount equal to one-twelfth (1/12) of
twenty per cent (20%) of the difference between the amount, if any, so deposited
Ordinance No. 8620-14
6
upon the delivery of the Bonds and the amount of the Reserve Requirement on
all outstanding for the applicable Series of Bonds. No further payments shall be
required to be made into such Reserve Account or Reserve Subaccount, as
applicable, when there has been deposited therein and as long as there shall
remain on deposit therein a sum equal to the Maximum Bond Service Reserve
Requirement on all applicable Series of outstanding Bonds becoming due in any
ensuing Fiscal Year.
Any withdrawals from the Reserve Account or a Reserve Subaccount
shall be subsequently restored from the first moneys available in the Revenue
Fund after all required current payments into the Sinking Fund and into the
Reserve Account and each Reserve Subaccount, as applicable, including all
deficiencies for prior payments into the Sinking Fund, have been made in full.
Moneys in the Reserve Account or a Reserve Subaccount, as applicable,
shall be used only for the purpose of the payment of maturing principal (including
Amortization Installments) of or interest on the Series of Bonds secured by such
Reserve Account or Reserve Subaccount, as applicable, when the moneys in the
Sinking Fund and allocated to such Series of Bonds are insufficient therefor, and
for no other purpose. Upon the issuance by the Issuer of any Additional Bonds
under the terms, limitations and conditions provided in this Ordinance and the
Original Ordinance, the payments into the Reserve Account or Reserve
Subaccount, as applicable, shall be increased so that the amount on deposit
therein shall be equal to the Maximum Bond Service Requirement on all Bonds
outstanding and to be outstanding Reserve Requirement established for such
Series of Additional Bonds in accordance with the subsequent Resolution
authorizing such Series of Additional Bonds.
Whenever the amount on deposit in the Reserve Account or any Reserve
Subaccount exceeds the Reserve Requirement on all Bonds then outstanding
applicable to such Reserve Account or Reserve Subaccount, the excess may be
withdrawn and deposited into the Sinking Fund to pay debt service on the
respective Series of Bonds.
The Issuer shall not be required to make any further payments into the
Sinking Fund or into the Reserve Account or any Reserve Subaccount when the
aggregate amount of moneys in the Sinking Fund and the Reserve Account are
or any Reserve Subaccount, as applicable, is at least equal to the aggregate
principal amount of Bonds then outstanding and secured by the Sinking Fund
and the respective Reserve Account or Reserve Subaccount, plus the amount of
interest then due or thereafter to become due on the respective Series of Bonds
then outstanding.
Notwithstanding the foregoing provisions, in lieu of the required deposits
of Revenues into the Reserve Account, the Issuer may cause to be deposited
into the Reserve Account or a Reserve Subaccount a surety bond or an
insurance policy issued by a reputable and recognized insurer for the benefit of
the Bondholders of the Series of Bonds to be secured by such Reserve Account
or Reserve Subaccount, in an amount equal to the difference between the
Maximum Bond Service Reserve Requirement for such Series of Bonds and the
sums then on deposit in the applicable Reserve Account or Reserve Subaccount,
Ordinance No. 8620-14
7
if any, which surety bond or insurance policy shall be payable (upon the giving of
notice as required thereunder) on any interest payment date on which a
deficiency exists which cannot be cured by funds in any other account held pur-
suant to this Ordinance and the Original Ordinance and avail able for such
purpose. The insurer providing such surety bond or insurance policy shall be an
insurer whose municipal bond insurance policies insuring the payment, when
due, of the principal of and interest on municipal bond issues results in such
issues being rated in one of the three highest rating category categories by
Standard & Poor's Corporation or Moody's Investors Service, Inc., or their
successors. If a disbursement is made from a surety bond or an insurance policy
provided pursuant to this paragraph, the Issuer shall be obligated to either rein-
state the maximum limits of such surety bond or insurance policy immediately
following such disbursement or to deposit into the Reserve Account or Reserve
Subaccount, as applicable, as herein provided in this paragraph for restoration of
withdrawals from the Reserve Account or a Reserve Subaccount, as applicable,
funds in the amount of the disbursement made under such policy, or a
combination of such alternatives.
(5) The Issuer shall next apply and deposit the moneys in the Revenue
Fund into the Renewal and Replacement Fund created by the Original
Ordinance. The Issuer shall deposit into such Renewal and Replacement Fund
an amount equal to one-twelfth (1/12) of five per centum (5%) of the Gross
Revenues of the System for the previous Fiscal Year, or such other amount as is
certified as necessary for the purposes of the Renewal and Replacement Fund
by the Consulting Engineer and as approved by the City Commission. The
moneys in said Renewal and Replacement Fund shall be used only for the
purpose of paying the cost of extensions, enlargements or additions to or the
replacement of capital assets of the System and emergency repairs thereto.
Such moneys on deposit in such Fund shall also be used to supplement the
Reserve Account if necessary in order to prevent a default in the payment of the
principal of and interest on the Bonds.
(6) To the extent junior lien bonds are issued and outstanding (which
subordinated bonds the Issuer reserves the right to issue), the Issuer shall next
apply moneys in the Revenue Fund to the payment of principal of, redemption
premium, if any, and interest on such subordinated debt of the Issuer.
(7) The balance of any moneys remaining in the Revenue Fund after the
above required payments have been made may either be deposited into either
the Renewal and Replacement Fund or the Sinking Fund, or may be used for the
purchase or redemption of Bonds, or may be used by the Issuer for any lawful
purpose of the Issuer.
D. Subject to the receipt of the Required Consents, Section 16C of the 1984 Ordinance,
as amended, modified and restated in Section 17E of the 2001 Ordinance shall be amended to
read as follows (deletions are indicated by a strikethrough and additions are indicated by
underlining):
E. INVESTMENT OF FUNDS. The Operation and Maintenance Fund,
the Sinking Fund, the Reserve Account (and any Reserve Subaccounts therein),
the Renewal and Replacement Fund, the Revenue Fund, the Construction Fund,
Ordinance No. 8620-14
8
and any other special funds herein and in the Original Ordinance established and
created shall constitute trust funds for the purposes provided her ein for such
funds. All such funds shall be continuously secured in the same manner as state
and municipal deposits are required to be secured by the laws of the State of
Florida. Moneys on deposit in any of such funds and accounts may be invested
and reinvested in Authorized Investments.
Investments made with moneys in the Construction Fund, the Revenue
Fund, the Operation and Maintenance Fund, and the Sinking Fund (except the
Bond Amortization Account therein), must mature not later than the date that
such moneys will be needed. Investments made with moneys in the accounts in
the Bond Amortization Account, in the Reserve Account (and any Reserve
Subaccounts therein) and in the Renewal and Replacement Fund must mature,
in the case of the accounts in the Bond Amortization Account not later than the
stated date of maturity of each respective Amortization Installment of the Term
Bonds to be retired from the sub-accounts in the Bond Amortization Account from
which the investment is made, in the case of the Reserve Account (and any
Reserve Subaccounts therein) not later than the final maturity of any the
applicable Series of Bonds then outstanding, and in the case of the Renewal and
Replacement Fund, not later than such date as shall be determined by the
Issuer. Any and all income received by the Issuer from all such investments shall
be deposited into the Revenue Fund, except however, that investment income
earned in the Bond Amortization Account may be retained therein or deposited
into the Sinking Fund and used to pay maturing principal of and interest on the
Bonds, at the option of the Issuer.
The cash required to be accounted for in each of the foregoing funds and
accounts established herein may be deposited in a single bank account, and
funds allocated to the various accounts established herein may be invested in a
common investment pool, provided that adequate accounting records are
maintained to reflect and control the restricted allocation of the cash on deposit
therein and such investments for the various purposes of such funds and
accounts as herein provided.
The designation and establishment of the various funds in and by this
Ordinance shall not be construed to require the establishment of any completely
independent, self-balancing funds as such term is commonly defined and used in
governmental accounting, but rather is intended solely to constitute an
earmarking of certain revenues and assets of the System for certain purposes
and to establish certain priorities for application of such revenues and assets as
herein provided.
SECTION 5. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the
covenants, agreements or provisions herein contained shall be held contrary to any express
provisions of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the
remaining covenants, agreements or provisions and shall in no way affect the validity of any of
the other provisions hereof or of the Bonds issued hereunder.
Ordinance No. 8620-14
9
SECTION 6. REPEALING CLAUSE. All ordinances or resolutions or parts thereof of
the Issuer in conflict with the provisions herein contained are, to the extent of such conflict,
hereby superseded and repealed.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
passage.
SECTION 8. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance
has been properly advertised in a newspaper of general circulation in accordance with Chapter
166.041, Florida Statutes.
PASSED ON FIRST READING ________________________
PASSED ON SECOND READING
AND FINAL READING AND
ADOPTED ________________________
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-649
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Designate 2506 Countryside Boulevard, formerly known as Countryside Executive Golf
Course, as a Brownfield Area for the purpose of environmental rehabilitation and economic
development and adopt Resolution 14-34.
SUMMARY:
The owner, 25 Countryside West, LLC, (Applicant) purchased the subject property on
December 27, 2013, as recorded in O .R. Book 18306 Page 2595 Pinellas County, Florida .
The aforementioned 44.277 MOL acre site was formerly the location of the Countryside
Executive Golf Course which closed in 2005. The site has been vacant and unused since that
time.
The Applicant requests that the City of Clearwater exercise its authority for designation of a
Brownfield area proposed by a person other than the local government entity as set forth in
Chapter 376.80(2)(c) Florida Statutes and designate the above parcel a Brownfield Area
under the Florida Brownfield Redevelopment Program.
Upon designation by the City, the Owner, hereinafter the Person Responsible for Brownfield
Site Rehabilitation (PRFBSR), will enter into a Brownfield Site Rehabilitation Agreement
(BSRA) with the Florida Department of Environmental Protection (FDEP) and notify the City
Brownfield Coordinator when such an agreement has been reached. The PRFBSR will 1)
conduct the remediation under the direction of FDEP and 2) complete the redevelopment and
reuse of the existing zoning, Medium Density Residential (MDR), and future land use planned
classification, Residential Urban (RU), to accommodate urban multi-family residential.
The rehabilitation and redevelopment of the proposed Brownfield site will result in economic
productivity of the area, along with the creation of at least 5 new permanent jobs at the
Brownfield site that are full -time equivalent positions not associated with the implementation of
the BSRA and that are not associated with redevelopment project demolition or construction
activities pursuant to the redevelopment of the proposed Brownfield site or area.
This designation shall not, however, render the City of Clearwater liable for the cost of site
rehabilitation or source removal, as those terms are defined in Sections 376.70 (17) and (18),
Florida Statutes, for other costs in excess of those attributable to the City as administrator of a
Brownfields Program; or as a property owner, if the City hereafter acquires any realty within
the designated Brownfield Area.
The requirements of the aforementioned statute have been satisfied by the applicant and,
based upon the information presented; staff recommends adoption of Resolution 14-34.
APPROPRIATION CODE AND AMOUNT:
N/A
Page 1 City of Clearwater Printed on 12/2/2014
File Number: ID#14-649
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 12/2/2014
25
0
6
MDR
US-19 N
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SR 580
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MOOREHAVENDRW
MOORE HAVEN DR
EGREENBRIAR B L V D
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HAZELWOOD LN
WARWICK DR
BIRCHBARK TRL OAK NECK RD
SUMATRAN WAY
TULIP TREE LN
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SYCAMORE DR
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SCOTLAND DR
PALMWOOD DR
FIR LANE CT
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OAKNECK DR
BUTTONWOOD CT
SR 580
EXHIBIT A
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JAB N.T.S.221A & 232A10/17/2014Map Gen By:Grid #:Date:Scale:
2506 Countryside Boulevard / Parcel Number: 30-28-16-18367-000-0001
44.30Acreage:
Document Path: V:\GIS\Engineering\Location Maps\2506 Countryside Blvd.mxd
LEGAL DESCRIPTION:LOTS 1, THROUGH 240, INCLUSIVE AND TRACT A, COSTA VERDE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 132 , PAGES 38 THROUGH 55, INCLUSIVE, PUBLIC RECORDS OF PINELLAS CO UNTY, FLORIDA.
[GM14-9216B-002/158324/1]
RESOLUTION NO. 14-34
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; DESIGNATING PROPERTY FORMERLY
KNOWN ASCOUNTRYSIDE EXECUTIVE GOLF COURSE
LOCATED AT 2506 COUNTRYSIDE BOULEVARD,
CLEARWATER, FLORIDA 33763, AS A BROWNFIELDAREA
FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION
AND ECONOMIC DEVELOPMENTPURSUANT TO SECTIONS
376.77-376.86,FLORIDA STATUTES;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the State of Florida has provided, in Florida Statutes Sections376.77 –
376.86,for the designation by resolution of certain contiguous areas consisting of one or more
Brownfields sites as “Brownfields Areas”, and for the corresponding provision of environmental
remediation and economic development for such areas; and
WHEREAS, morespecifically, Florida Statutes Section 376.80(2)(c) provides for
Brownfield designation by persons other than a governmental entity; and
WHEREAS, the City of Clearwater is required to notify the Florida Department of
Environmental Protection of its decision to designate a Brownfield Area within its jurisdiction if
said persons establishcertain criteria as set forth in Florida Statutes Section 376.80(2)(c); and
WHEREAS, 25 Countryside West, LLC (hereinafter, the“Owner”) owns 44.277 MOL
acres of propertylocated at 2506 Countryside Boulevard, Clearwater, Florida33763, the legal
description and a depiction of which are attached hereto as EXHIBIT A, both of which are
incorporated herein by this reference (the “Subject Property”); and
WHEREAS, the Owner submitted an application to the City of Clearwater Economic
Development and Housing Department on October 7, 2014, requesting the City of Clearwater
designate by resolution theSubject Property a Brownfield Area as authorized under the Florida
Brownfield Redevelopment Act, Section 376.77-376.86Florida Statutes; and
WHEREAS,the Owner,upon designation by the City,will enter into a Brownfield Site
Rehabilitation Agreement with the Florida Department of Environmental Protection (FDEP) and
will conduct the remediation under the direction of FDEP and complete the redevelopment and
reuse with the existing zoning medium density residential (MDR) and future land use planned
classification residential urban (RU); and
WHEREAS,theCity has complied with the procedures and has given proper notice and
opportunity for the public to be heard, as required by Sections376.80and 166.041, Florida
Statutes;and now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
[GM14-9216B-002/158324/1]
Section 1. The City Council finds: that the person making application for the designation
of a brownfield site owns or controls the site, is requesting the designation, and has agreed to
rehabilitate and redevelop the potential brownfield site; the rehabilitation andredevelopment of
the proposed brownfield site will result in economic productivity of the area, along with the
creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent
positions not associated with the implementation of the brownfield site rehabilitation agreement
and that are not associated with redevelopment project demolition or construction activities
pursuant to the redevelopment of the proposed brownfield site or area; the redevelopment of the
proposed brownfieldsite is consistent with the local comprehensive plan and is a permittable
use under the applicable local land development regulations; notice of the proposed
rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the
proposed area to be designated, and the person proposing the area for designation has
afforded to those receiving notice the opportunity for comments and suggestions about
rehabilitation; the person proposing the area for designation has provided reasonable assurance
that he or she has sufficient financial resources to implement and complete the rehabilitation
agreement and redevelopment of the brownfield site.
Section 2. For the purpose of the Florida Brownfield Redevelopment Act, Sections
376.77 -376.86,Florida Statutes, (hereinafter the “Act”), the Subject Property is hereby
designated a Brownfield area. For purposes of Clearwater’s Brownfields Program, this area
shall be called the 2506 Countryside Boulevard Brownfield Area.This designation shall not,
however, render the City of Clearwater liable for the cost of site rehabilitation or source removal,
as those termsare defined in Section 376.79 (17) and (18), Florida Statutes; for other costsin
excess of those attributable to the City as administratorof a Brownfields Program, or as a
property owner, if the City hereafter acquires any realty with the designated Brownfield Area.
Section 3. The Owner will negotiate a Brownfield Site Rehabilitation agreement, if
needed, addressing such rehabilitation, and notify the City Brownfield Coordinator when such
an agreement has been reached.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __________ day of ______________________2014.
CITY OF CLEARWATER, FLORIDA
By: ____________________________
George N. Cretekos
Mayor
Approved as to form:Attest:
______________________________________________________
Laura Mahony Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 14-38
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: ResolutionIn Control: Finance
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Authorize the negotiated sale of not to exceed $27,550,000 Water and Sewer Revenue
Refunding Bond, Series 2014 and adopt Resolution 14-38.
SUMMARY:
Currently there is outstanding $26,430,000 par value of Water and Sewer Revenue Bonds,
Series 2006, with maturities in years 2019 - 2032 and interest rates ranging from 4.25% to
4.625% that are callable on December 1, 2015. Current bond-market conditions present an
opportunity to advance refund these bonds to achieve a present value savings of
approximately $2,242,720 (8.49%).
The City’s debt management policy states, “As a general rule, the present value savings of a
particular refunding should exceed 5%.”
In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and
Company, Inc., issued a Request for Proposals (RFP) soliciting proposals from qualified
investment companies to provide a bank loan.
This resolution authorizes the negotiated sale of not to exceed $27,550,000 par value at a
fixed interest rate of 3.18% of Revenue Refunding Bonds, Series 2014, to TD Bank, N.A., the
firm submitting the most favorable response to the RFP.
APPROPRIATION CODE AND AMOUNT: N/A
Page 1 City of Clearwater Printed on 12/2/2014
Resolution No. 14-38
RESOLUTION NO. 14-38
A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO
EXCEED $27,550,000CITY OF CLEARWATER, FLORIDA WATER AND
SEWERREVENUE REFUNDING BOND, SERIES 2014; AWARDING
THE SALE THEREOF TOTD BANK, N.A.; APPOINTING AN ESCROW
AGENT; APPOINTING A PAYING AGENT AND REGISTRAR;
APPOINTING A VERIFICATION AGENT; APPROVING THE FORM OF
ESCROW DEPOSIT AGREEMENT;PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF
SUCH BOND; RATIFYING THE EXECUTION AND DELIVERY OF THE
INTEREST RATE LOCK AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 2, 1984, the City Councilof the City of Clearwater, Florida
(the "City") enacted Ordinance No. 3674-84(the"Original Ordinance") to provide for the
issuance of bonds payable from Net Revenues of the System(as defined therein); and
WHEREAS, on November 15, 2001, the City enacted Ordinance No. 6915-01
(the “2001 Ordinance”, and together with the Original Ordinance, the "Bond Ordinance")
which authorized the issuance of the City of Clearwater, Florida, Water and Sewer
Revenue [Refunding]Bonds, Series[to be determined], as Additional Bondsunder the
Original Ordinance; and
WHEREAS, on December 4, 2014, the City enacted Ordinance No. 8620-14,
amending the Bond Ordinance (the “2014 Amending Ordinance”), the provisions of
which shall applyto each series of Additional Bonds which are authorized on and after
the date of enactment of the 2014 AmendingOrdinance, retroactive to such date of
enactment upon receipt of the consent of the holders of two-thirds in principal of Bonds
then outstanding; and
WHEREAS, the City by this Resolution intends to provide for the issuance of its
not to exceed $27,550,000City of Clearwater, Florida Water and SewerRevenue
RefundingBond, Series 2014 (the "Series 2014Bond") as an Additional Bond to
advancerefund allof the City's outstanding Water and SewerRevenue Bonds, Series
2006(the "Refunded Bonds"); and
WHEREAS, other than the Refunded Bonds, the City has currently outstanding
under the Bond Ordinance, its Water and Sewer Revenue Refunding Bonds, Series
2003, Water and Sewer Revenue Bonds, Series 2009A, Water and Sewer Revenue
Refunding Bonds, Series 2009B and Water and Sewer Revenue Refunding Bonds,
Series 2011 (collectively, the "Parity Bonds"); and
WHEREAS, it is in the best interest of the City to provide for the negotiated sale
ofthe not to exceed$27,550,000Series 2014Bond; and
Resolution No. 14-38
2
WHEREAS, the Cityissued a request for proposals ("RFP") to bankingand other
institutions on September 25, 2014, and received responses thereto on October 27,
2014;and
WHEREAS, the Citynow desires to approve the issuance and sale of its Series
2014Bondpursuant to the RFPto TD Bank, N.A. (the "Bank", and upon purchase of
the Series 2014 Bonds, the “Bondholder”), the respondent who provided the most
favorableresponse to the RFP, to ratify the execution and delivery of an Interest Rate
Lock Agreement between the Bank and the Citydated October 30, 2014and as
modified on November 14, 2014(collectively, the "Interest Rate Lock Agreement") and
to take certain other actions in connection with the issuance and sale of the Series 2014
Bond; and
WHEREAS, theCitywill be provided all applicable disclosure information by the
Bankas required by Section 218.385, Florida Statutes; and
WHEREAS, this resolution shall constitute a supplemental resolution under the
terms of the Bond Ordinanceas amended by the 2014 Amending Ordinance
(collectively with the Bond Ordinance, the “Amended Bond Ordinance”), and all
capitalized undefined terms used herein shall have the meanings set forth in the Bond
Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCILOF THE CITY
OF CLEARWATER, FLORIDA:
SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII,
Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the
Charter of the City of Clearwater, Florida, the Bond Ordinance and other applicable
provisions of law. Aseries of the Water and SewerRevenue Refunding Bonds
authorized by the Bond Ordinance ishereby authorized to be issued in a principal
amount of not to exceed $27,550,000pursuant to this Resolution, with such bond
hereby designated as Series 2014. The Series 2014Bond authorized by this
Resolution is hereby authorized to be issued as an Additional Bondunder the Bond
Ordinance. The issuance of the not to exceed $27,550,000Series 2014Bondby the
City is hereby approved upon the terms and conditions set forth in the Amended Bond
Ordinance and this Resolution.
The advancerefunding of the Refunded Bondswith a redemption date of
December1, 2015is hereby authorized, to be paid in part with the proceeds of the
Series 2014Bond herein authorized. The City Manageror in his absence an Assistant
City Manager,and Finance Director are hereby authorized and directed to provide
irrevocable directions to defease and redeem the Refunded Bonds.
The provisions of the Amended Bond Ordinance shall be fully applicable to the
Series 2014Bond and all of the covenants contained in the Amended Bond Ordinance
shall be applicable to the Series 2014Bond.
Resolution No. 14-38
3
SECTION 2. It is in the best interest of the Cityand the residents and inhabitants
thereof that the Series 2014Bondbe issued as a fully certificated bond to the Bank.
SECTION 3. Due to the critical importance of the timing of the sale of the Series
2014 Bondand due to the willingness ofthe Bankto purchase the Series 2014Bondat
a rate favorable to the City, it is hereby determined that it is in the best interest of the
public and the Cityto sell the Series 2014Bondat a negotiated sale. The Cityhas
received an offer from the Bankto purchase the Series 2014Bond subject to the terms
and conditions set forth in the Bank's Term Sheetdated October 27, 2014 and the
Interest Rate Lock Agreement (collectively, the "Term Sheet"), attached hereto
collectively as Exhibit A,which Term Sheetis hereby accepted by the Citywith certain
modifications as provided herein and in the Series 2014 Bond.The execution and
delivery by the Cityof the Interest Rate Lock Agreement is hereby ratified.
The Series 2014Bondishereby sold and awarded to the Bankat the price of
par, and the Mayor, or in his absence the Vice-Mayor,and the City Manager, or in his
absence an AssistantCity Manager,are hereby authorized to execute and deliver the
Series 2014Bondsubstantially in the form attached hereto as Exhibit Battested by the
City Clerk, or in her absence an Assistant City Clerk,and approved as to form and legal
sufficiency by the City Attorney, receive the purchase price therefor and apply the
proceeds thereof to the refunding of the Refunded Bondsand the payment of the costs
of issuance of the Series 2014 Bond as provided herein, without further authority from
this body. The Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his
absence an Assistant City Manager, are authorized to make any and all changes on the
form of the Series 2014Bond which shall be necessary to conform the same to the
Term Sheet. Execution of the Series 2014 Bond by the Mayor, or in his absence the
Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, shall
be conclusive evidence of their approval of the form of the Series 2014Bond The
Series 2014 Bond shall be payable solely as provided herein. Prior to purchase of the
Series 2014Bond, the Bankshall execute a Purchaser's Certificate attached hereto as
Exhibit C. The disclosure letter as required by Chapter 218, Florida Statutes is attached
hereto as Exhibit D. In connection with the transfer of theSeries 2014Bond to a
subsequent holder except for an affiliate of the Bank, such successor holder shall
deliver to the City a Purchaser’s Certificate substantially in the form attached hereto as
Exhibit Cprior to such Series 2014Bond being registered in the name of such
successor holder. For purposes of this provision "affiliate"shall mean, as to any
person, any other person that directly, or indirectly through one or more intermediaries,
Controls, is Controlled by, or is under common Control with, such person.For the
purposes of this definition, "Control" shall mean the power, directly or indirectly, either to
(i) vote 5% or more of the securities having ordinary voting power for the election of
directors (or persons performing similar functions) of a person or(ii) direct or cause the
direction of the management and policies of a person, whether through the ability to
exercise voting power, by control or otherwise.The terms "Controlled by" and "under
common Control with" have the meanings correlative thereto.
Resolution No. 14-38
4
SECTION 4. The Series 2014Bondshall be issued in fully registered form; shall
be dated as of its date of initial issuance; shall be numbered; shall be in a single
denomination equal tothe principal amount thereofwhich principal amount shall not
exceed $27,550,000and shall be determined by the City Manager or AssistantCity
Manager and the Mayor or Vice-Mayor prior to the issuance thereof; shall mature on
December1, 2032; shall bear interest at the rate of 3.18%(the "Interest Rate"), subject
to the provisionsof Section 8hereof; and such interest to be payable semi-annually on
the first (1st) day of each Juneand Decembercommencing on June1, 2015. Interest
shall be calculated on the basis of a 360 day year consisting of twelve 30 day months.
On the date of the issuance of the Series 2014 Bond, the Cityshall receive the
proceeds thereofand deposit the same to pay costs of issuance of the Series 2014
Bond and to refund the Refunded Bonds inaccordance with the Escrow Deposit
Agreement.
The Series 2014 Bond shall be subject to optional redemption in whole or in part
prior to its maturity date, upon two Business Days prior written notice (i) on any
Business Day (hereafter defined) prior to the fifth (5th) anniversary of the dated date of
the Series 2014 Bond at a redemption price equal to the principal amount being
redeemed together with interest accrued to the date of redemption plus the Prepayment
Fee, as defined below, and (ii) on any Business Day on or after the fifth (5th) anniversary
of the dated date of the Series 2014 Bond at a redemption price equal to the principal
amount being redeemed together with interest accrued to the date of redemption.
"Business Day" shall mean any day other than a Saturday or Sunday or any day
on which the Bondholderis lawfully closed.
"Prepayment Fee" shall mean, a fee equal to the greater of (i) 1.00% of the
principal balance being prepaid multiplied by the remaining termof the Series 2014
Bond,in years,and (ii) the Yield Maintenance Fee.
The "Yield Maintenance Fee" shall be computed as follows: the current cost of
funds, specifically the bond equivalent yield for United States Treasury securities (bills
on a discounted basis shall be converted to a bond equivalent yield) with a maturity date
closest to the remaining termof the Series 2014 Bond, shall be subtracted from the
Interest Rate, or Default Rate (hereinafter defined) if applicable. If the result is zero or a
negative number, there shall be no Yield Maintenance Fee due and payable. If the
result is a positive number, then the resulting percentage shall be multiplied by the
scheduled outstanding principal balance for each remaining monthly period of the
remaining termof the Series 2014 Bond. Each resulting amount shall be divided by 360
and multiplied by the number of days in the monthly period. Said amounts shall be
reduced to present values calculated by using the above referenced current costs of
funds divided by 12. The resulting sum of present values shall be the Yield
Maintenance Fee.
The Series 2014Bondissubject to mandatory redemption from Amortization
Installments in part prior to maturity at a redemption price equal to 100% of the principal
Resolution No. 14-38
5
amount thereof, plus accrued interest to the redemption date on the dates andin the
amounts as provided in the Series 2014 Bond as approved by the City Manager or
Assistant City Manager and the Mayor or Vice-Mayor prior to the issuance thereof,
execution of the Series 2014 Bond to be conclusive evidence of such approval.
Notwithstanding the foregoing, for so long as the Series 2014Bondisowned by
the Bank, the principal of, redemption price and interest on the Series 2014Bondshall
be payable to the Bankon the respective principal and interest payment dates through
ACH direct transfer to the Bank, and upon transfer of the Series 2014Bond to a
subsequent holder, at such address as is provided by such subsequent holderin writing
to the City, in each casewithout presentation of the Series 2014Bond.
SECTION 5. The Series 2014Bondshall be issued under and secured by the
Amended Bond Ordinance on a parity with the Parity Bonds and any Additional Bonds
hereafter issued and shall be executed and delivered by the Mayor, or in his absence
the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, and the
City Clerk, or in her absence an Assistant City Clerkupon the approval of the City
Attorney as to form and legal sufficiency, in substantially the form set forth in the Bond
Ordinanceand Exhibit Bhereto, with such additional changes and insertions therein as
conform to the provisions of this Resolution and such execution and delivery shall be
conclusive evidence of the approval thereof by such officers.
SECTION 6.U.S. Bank National Association, with its designated office in
Orlando, Florida, is hereby designated and authorized to serve as Escrow Agent for the
Refunded Bonds. The Escrow Deposit Agreement is to be in substantially the form set
forth in Exhibit Eattached hereto, together with such changes as shall be approved by
the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence
an Assistant City Manager,such approval to be conclusively evidenced by their
execution thereof. The execution of the Escrow Deposit Agreement is hereby
approved, and the execution of the Escrow Deposit Agreement by the Mayor, or in his
absence the Vice-Mayor, and the City Manager, or in his absence anAssistant City
Manager, is hereby authorized, to be attested by the City Clerk, or in her absence an
Assistant City Clerk, the form of which to be approved by the City Attorney. At the time
of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow
Agent named therein appropriate documentation to demonstrate that the sums being
deposited and the investments to be made will be sufficient for such purposes.
SECTION 7. The City’s Finance Director is hereby appointed to serve as the
Paying Agent and Registrar for the Series 2014Bond.
SECTION 8. GNP Servicesis hereby appointed and designated to provide a
verification report demonstrating the adequacy of the cash and investments held in the
Escrow Deposit Agreement will be sufficient to pay, in full, the principal and interest on
the Refunded Bonds to and including the redemption date of December 1, 2015.
Resolution No. 14-38
6
SECTION 9. The interest rate payable on the Series 2014Bond shall be subject
to adjustment in accordance with the following provisions:
"Default Rate" shall mean a rate per annum equal to the Prime Rate plus 6%.
"Determination of Taxability" means a final decree or judgment of any Federal
court or a final action of the Internal Revenue Service or of the United States Treasury
Department determining that interest payable on the Series 2014Bond is includable in
the gross income of a Bondholder for Federal income tax purposesresulting from
actions or inactions taken by the City. No such decree, judgment, or action will be
considered finalfor this purpose unless the City has been given written notice thereof
and, if it is so desired by the Cityand is legally permissible, the Cityhas been afforded
the opportunity to contest the same, at its own expense, either directly or in the name of
the Bondholder, and until the conclusion of any appellate review, if sought.
"Event of Default"shall mean" shall mean (a) an Event of Default under the
Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or
more covenants or agreements set forth in the Bond Ordinance or this Resolution,
which default or non-compliance shall continue and not be cured within thirty (30) days
from receipt by the City of notice of such default or non-compliance by the Holder.
"Interest Rate"shall mean a per annum rate equal to3.18%, prior to a
Determination of Taxability or an Event of Default.
"Prime Rate" shall mean the per annum rate which TD Bank, N.A. announces
from time to time to be its prime rate, as in effect from time to time. The prime rate is a
reference or benchmark rate, is purely discretionary and does not necessarily represent
the lowest or best rate charged to borrowing customers. TD Bank, N.A. may make
commercial loans or other loans at rates of interest at, above or below the prime rate.
Each change in the prime rate shall be effective from and including the date such
change is announced as being effective.
"Taxable Period" shall mean the period of time commencing on the date that
interest on the Series 2014Bond ceased to be excludable from gross income of the
Holder thereof for federal income tax purposes and ending on the earlier of the date the
Series 2014 Bond ceases to be outstanding orsuch adjustment is nolonger applicable
to the Series 2014 Bond.
"Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate
per annum that shall provide the Holder with the same after tax yield that the Holder
would have otherwise received had the Determination of Taxability not occurred, taking
into account the increased taxable income of the Holder as a result of such
Determination of Taxability. The Holder shall provide the City with a written statement
explaining the calculation of the Taxable Rate, which statement shall, in the absence of
manifest error, be conclusive and binding on the City.
Resolution No. 14-38
7
The Cityshall pay interest upon the unpaid principal balance of the Series 2014
Bondat the Interest Rate, subject to adjustment as provided herein. Upon a
Determination of Taxability, the Interest Rate shall be the Taxable Rate, and upon and
during the continuance of an Event of Default (notwithstanding that a Determination of
Taxability has also occurred)the Interest Rate shall equal the Default Rate.
In the event of a Determination of Taxability, the interest rate payable hereunder
and under the Series 2014 Bondshall be subject to adjustment to the Taxable Rate,
effective retroactively to the date on which such Determination of Taxability was made.
In addition, upon a Determination of Taxability, the Cityagrees to pay to the Holder,
subject to such Determination of Taxability,the Additional Amount upon demand.
"Additional Amount" means (i) the difference between (a) interest on the Series 2014
Bond for the Taxable Period at a rate per annum equal to the Taxable Rate, and (b) the
aggregate amount of interest paid on the Series 2014 Bond for the Taxable Period
under the provisions of the Series 2014 Bond without considering the Determination of
Taxability, plus (ii) any penalties and interest paid or payable by such Holder to the
Internal Revenue Service by reason of such Determination of Taxability.
SECTION 10. Forpurposes hereof, the Reserve Requirement (as defined in the
Amended Bond Ordinance) for the Series 2014Bondshall be $0.00, and upon the
effective date of the 2014 Amending Ordinance, the Series 2014Bond shall not be
entitled to any security provided by any monies on deposit in the Reserve Account.
Prior to such effective date, the Series 2014 Bond shall be additionally secured by the
funds on deposit in the Reserve Account as required by the Bond Ordinance, and as of
the effective date of the 2014 Amending Ordinance, the Series 2014 Bond shall cease
to be secured by the Reserve Account.
SECTION 11. By purchasing the Series 2014 Bond, the Bondholderconsents to
the amendments set forth in the 2014Amending Ordinance.
SECTION 12. The City covenants that it will maintain its solvency through the
term of the Series 2014Bond to avoid an act of bankruptcy or the rearrangement,
adjustment or readjustment of the obligations of the City under the provisions of any
bankruptcy or moratorium laws or similar laws relating to or affecting creditor’s rights.
SECTION 13. All prior resolutions of the Cityinconsistent with the provisions of
this resolution are hereby modified, supplemented and amended to conform with the
provisions herein contained and except as otherwise modified, supplemented and
amended hereby shall remain in full force and effect.
SECTION 14. The Mayor, or in his absence the Vice-Mayor, the City Manager,
or in his absence an Assistant City Manager, the FinanceDirector, the City Attorney and
the City Clerk, or in her absence an Assistant City Clerkor any other appropriate
officers of the Cityare hereby authorized and directed to execute any and all
certifications or other instruments or documents required by the Resolution, the Term
Sheet, the Escrow Deposit Agreementor any other document referred to above as a
Resolution No. 14-38
8
prerequisite or precondition to the issuance of the Series 2014Bondand any such
representation made therein shall be deemed to be made on behalf of the City. In the
event both the Mayor and the Vice-Mayorare unable to execute the documents related
to the Series 2014Bond, then any other member of the City Councilshall be authorized
to execute such documents with the full force and effect as if the Mayor or the Vice-
Mayorhad executed same. All action taken to date by the officers of the Cityin
furtherance of the issuance of the Series 2014Bondis hereby approved, confirmed and
ratified.
SECTION 15. The proceeds received from the delivery of the Series 2014Bond,
together with any other monies lawfully available therefor, shall be applied by the City
simultaneously with the delivery of the Series 2014Bond to the Bondholder, as follows:
(i)to the extent not paid from legally available funds of the City, an amount
which shall pay the costs and expenses associated with the issuance of the Series 2014
Bond; and
(ii)a sum specified in the Escrow Agreement that shall be sufficient, taking
into account other legally available moneys of the City, if any, to pay the principal of,
interest on and redemption premium, if any, on the Refunded Bonds, shall be deposited
into the escrow account created under the Escrow Agreement (the "Escrow Account").
Simultaneously with the delivery of the Series 2014Bond, the City is authorized
to transfer or cause to be transferred to the Escrow Account, moneys, if any,
accumulated in any sinking and/or reserve funds which were intended to be used to pay
debt serviceon the Refunded Bonds.
The proceeds of the Series 2014Bond shall be and constitute trust funds for the
purposes hereinafter provided and there is hereby created a lien upon such monies,
until deposited under the Escrow Agreement, in favor of the Holdersof the Series 2014
Bond.
SECTION 16. The City will submit to the Bondholder(i) the City’s audited annual
financial statements within 210 days of the end of each fiscal year, (ii) the City's
approved budget within 60 days after the final approval thereof, (iii) a certification from
the Finance Director to the effect that, to his actual knowledge, the City is in compliance
with all covenants contained in the Amended Bond Ordinance and this Resolution within
90 days of the end of each fiscalyear, and (iv) any other financial information the
Bondholdermay reasonably request.
SECTION 17. In the event a rating with respect to debt payable from the Net
Revenues falls below A3/A-(or equivalent)or is no longer maintained by the City, the
coverage requirement contained in Section 16(E) of the Original Ordinance and Section
17(E) of the 2001 Ordinance (RATE ORDINANCE) shall be increased from 115% to
140% until such time as such rating is at least A3/A-(or equivalent)or the Series 2014
Bond is no longer outstanding.
Resolution No. 14-38
9
SECTION 18. The City agrees with the Bondholder to not change or amendthis
Resolution orthe covenants set forth in Section 16(E) and 16(R)of the Original
Ordinance or Section 17(G) and 17(T) of the 2001 Ordinance in a manner that would
adversely affect the rights and interests of the Bondholder without the written consent of
the Bondholder and shall not amend, in any respect, without the written consent of the
Bondholder, this Resolutionorthe definitions of "Gross Revenues," "Net Revenues" and
"Cost of Operation and Maintenance" as defined in Section 2 of the BondOrdinance.
SECTION 19. To the extent permitted by law, the City knowingly, voluntarily, and
intentionally waives any right it may have to a trial by jury, with respect to any litigation
or legal proceedings based on or arising out of this Resolution or the Series 2014Bond,
including any course of conduct, course of dealings, verbal or written statement or
actions or omissions of any party which in any way relates to the Series 2014Bond or
this Resolution.
SECTION 20. The substantive laws of the State of Florida shall govern this
Resolution. The parties hereto submit to the jurisdiction of Florida courts and agree that
venue for any suit concerning this Resolutionshall be in Pinellas County, Floridaand
such applicable appellate courts.
[Remainder of page left intentionally blank]
Resolution No. 14-38
10
SECTION 21. This Resolution shall become effective immediately upon its
adoption.
Passed and adopted by the City Councilof the City of Clearwater, Florida, this 4th
day of December, 2014.
CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Resolution No. 14-38
A-1
EXHIBIT A
TERM SHEET
Resolution No. 14-38
B-1
EXHIBIT B
FORM OF SERIES 2014BOND
EXCEPT AS OTHERWISE PROVIDED IN RESOLUTION NO. 14-38 (THE
"RESOLUTION"), ANY OWNER SHALL, PRIOR TO BECOMING A HOLDER,
EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE
RESOLUTION CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN
"ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT
OF 1933, AS AMENDED, AND REGULATION D THEREUNDER.
No. R-1 $___________
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF CLEARWATER
WATER AND SEWERREVENUE REFUNDING BOND, SERIES 2014
Dated
InterestRate Maturity Date Date CUSIP
3.18%December1, 2032December __, 2014 N/A
Registered Owner:TD BANK, N.A.
Principal Amount:______________________________________ and no/100 Dollars
KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida
(hereinafter called "City"), for value received, hereby promises to pay to the Registered
Owner identified above, or registered assigns, on the Maturity Date specified above, the
Principal Amount shown above solely from the revenues hereinafter mentioned, and to
pay solely from such revenues, interest on said sum from the Dated Date of this Bond
or from the most recent interest payment date to which interest has been paid, at the
per annumInterest Rate set forth above(as adjusted from time to time as hereinafter
provided)until payment of such sum, such interest being payable semiannually on the
first day of Juneand the first day of Decemberof each year, commencing June1, 2015.
The principal of and premium, if any, on this Bond on the final amortization date or
earlier date of redemption in full are payable upon presentation and surrender hereof on
the date fixed for final maturity or earlier redemption at the principal office of theFinance
Director of the City of Clearwater, Florida(the "Paying Agent") in Clearwater, Florida, or
at the office designated for such payment of any successor thereof. The principal of
and interest on this Bond, when due and payable, shall be paid through ACH direct
transfer to the Registered Owner, and upon transfer of this Bond to a subsequent
holder, by check or draft mailed to, or through ACH direct transfer to, the person in
whose name this Bond is registered at such address as is provided by such subsequent
holder in writing to the City without presentation (except upon final maturity or earlier
Resolution No. 14-38
B-2
redemption in full) of this Bond as reflected on the books and records of the Bond
Registrar, at the close of business on the 15th day of the month (whether ornot a
business day) next preceding the interest payment date (the "Record Date"),
irrespective of any transfer of this Bond subsequent to such Record Date and prior to
such interest payment date, unless the City shall be in default in payment of interest due
on such interest payment date. In the event of any such default, such defaulted interest
shall be payable to the person in whose name such Bond is registered at the close of
business on a special record date for the payment of defaulted interest as established
by notice mailed by the Registrar to the Registered Holder of this Bond not less than
fifteen (15) days preceding such special record date. Such notice shall be mailed to the
person in whose name such Bond is registered at the close of business on the fifth (5th)
day preceding the date of mailing. Payment of interest on this Bond may, at the option
of the owner of this Bond, be transmitted by wire transfer to such owner to the bank
account number on file with the Paying Agent as of the Record Date upon written
request therefor by the holder thereof for the appropriate interest payment date. All
amounts due hereunder shall be payable in any coin or currency of the United States,
which is, at the time of payment, legal tender for the payment of public or private debts.
The interest payable on this Bond shall be subject to adjustment in accordance
with the following provisions:
"Default Rate" shall mean a rate per annum equal to the Prime Rate plus 6%.
"Determination of Taxability" means a final decree or judgment of any Federal
court or a final action of the Internal Revenue Service or of the United States Treasury
Department determining that interest payable on the Series 2014 Bond is includable in
the gross income of a Bondholder for Federalincome tax purposesresulting from
actionsor inactionstaken by the City. No such decree, judgment, or action will be
considered final for this purpose unless the City has been given written notice thereof
and, if it is so desired by the Cityand is legally permissible, the Cityhas been afforded
the opportunity to contest the same, at its own expense, either directly or in the name of
the Bondholder, and until the conclusion of any appellate review, if sought.
"Event of Default"shall mean" shall mean (a) an Event of Default under the
Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or
more covenants or agreements set forth in the Bond Ordinance or this Resolution,
which default or non-compliance shall continue and not be cured within thirty (30) days
from receipt by the City of notice of such default or non-compliance by the Holder.
"Interest Rate"shall mean a per annum rate equal to3.18%, prior to a
Determination of Taxability or an Event of Default.
"Prime Rate" shall mean the per annum rate which TD Bank, N.A. announces
from time to time to be its prime rate, as in effect from time to time. The prime rate is a
reference or benchmark rate, is purely discretionary and does not necessarily represent
the lowest or best rate charged to borrowing customers. TD Bank, N.A. may make
Resolution No. 14-38
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commercial loans or other loans at rates of interest at, above or below the prime rate.
Each change in the prime rate shall be effective from and including the date such
change is announced as being effective.
"Taxable Period" shall mean the period of time commencing on the date that
interest on the Series 2014 Bond ceased to be excludable from gross income of the
Holder thereof for federal income tax purposes and ending on the earlier of the date the
Series 2014 Bond ceases to be outstanding orsuch adjustment is no longer applicable
to the Series 2014 Bond.
"Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate
per annum that shall provide the Holder with the same after tax yield that the Holder
would have otherwise received had the Determination of Taxability not occurred, taking
into account the increased taxable income of the Holder as a result of such
Determination of Taxability. The Holder shall provide the City with a written statement
explaining the calculation of the Taxable Rate, which statement shall, in the absence of
manifest error, be conclusive and binding on the City.
The Cityshall pay interest upon the unpaid principal balance of thisBondat the
Interest Rate, subject to adjustment as provided herein. Upon a Determination of
Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and
upon and during the continuance of an Event of Default (notwithstanding thata
Determination of Taxability has also occurred)the Interest Rate shall equal the Default
Rate.
In the event of a Determination of Taxability, the interest rate payable hereunder
shall be subject to adjustment to the Taxable Rate, effective retroactively to the date on
which such Determination of Taxability was made.In addition, upon a Determination of
Taxability, the Cityagrees to pay to the Holder subject to such Determination of
Taxability the Additional Amount upon demand. "Additional Amount" means (i) the
difference between (a) interest on the Series 2014 Bond for the Taxable Period at a rate
per annum equal to the Taxable Rate, and (b) the aggregate amount of interest paid on
the Series 2014 Bond for the Taxable Period under the provisions of the Series 2014
Bond without considering the Determination of Taxability, plus (ii) any penalties and
interest paid or payable by such Holder to the Internal Revenue Service by reason of
such Determination of Taxability.
This Bond is the duly authorized Water and SewerRevenue Refunding Bond,
Series 2014(the "Bond") in the principal amount of $_________issued to defease,
refund and redeem on December1, 2015, the outstandingprincipal amount of the City’s
Water and SewerRevenue Bonds, Series 2006,maturing on and after December1,
2019(the "RefundedBonds"), which are currently outstanding in the aggregate principal
of $26,430,000, and (ii) to pay the costs of issuing this Bond in full compliance with the
Constitution and laws of the State of Florida, including particularly Chapter166, Part II,
Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No.
3674-84, enacted August 2, 1984, as amended and supplemented by Ordinance No.
Resolution No. 14-38
B-4
6915-01, enacted November 15, 2001,as further amended by Ordinance No. 8620-14,
enacted on December 4, 2014(collectively, the "Bond Ordinance"), and Resolution No.
14-38, adopted on December 4, 2014, as supplemented (the "Resolution") and is
subject to all the terms and conditions of suchBond Ordinanceand Resolution
(collectively, the Bond Ordinance and Resolution are referred to herein as the
"Ordinance").
It is providedin the Ordinance that the Bondof this issue will rank on a parity with
the City's Water and SewerRevenue RefundingBonds, Series 2003,Water and Sewer
Revenue Bonds, Series 2009A, Water and Sewer Revenue Refunding Bonds, Series
2009Band Water and SewerRevenue Refunding Bonds, Series 2011(collectively, the
"Parity Bonds"). This Bond and the ParityBonds are payable solely from and secured
by a first and prior lien upon and pledge of the Net Revenues, as defined in the Bond
Ordinance, which consists of the net revenues derived by the City from the operation of
the System (the "Net Revenues") in the manner provided in the Bond Ordinance. This
Bond does not constitute an indebtedness, liability, general or moral obligation, or a
pledge of the faith, credit or taxing power of the City, the State of Florida or any political
subdivision thereof, within the meaning of any constitutionalorstatutory provisions.
Neither the State of Florida nor any political subdivision thereof, nor the City shall be
obligated (1) to levy ad valorem taxes on any property to pay the principal of this Bond,
the interest thereon or other costs incident thereto or (2) to pay the same from any other
funds of the City, except from the Net Revenues, in the manner provided herein. It is
further agreed between the City and the Registered Holder of this Bond that this Bond
and the indebtedness evidenced hereby shall not constitute a lien upon the System, or
any part thereof, or on any other property of the City, but shall constitute a first and prior
lien only on the Net Revenues, in the manner provided in the Ordinance.
This Bond shall be subject to optional redemption in whole or in part prior to its
maturity date, upon two Business Days prior written notice (i) on any Business Day prior
to the fifth (5th) anniversary of the dated date of this Bond at a redemption price equal to
theprincipal amount being redeemed together with interest accrued to the date of
redemption plus the Prepayment Fee, as defined below, and (ii) on any Business Day
on or after the fifth (5th) anniversary of the dated date of this Bond at a redemption price
equal to the principal amount being redeemed together with interest accrued to the date
of redemption.
"Prepayment Fee" shall mean, a fee equal to the greater of (i) 1.00% of the
principal balance being prepaid multiplied by the remaining termof thisSeries 2014
Bond, in years, and (ii) the Yield Maintenance Fee.
The "Yield Maintenance Fee" shall be computed as follows: the current cost of
funds, specifically the bond equivalent yield for United States Treasury securities (bills
on a discounted basis shall be converted to a bond equivalent yield) with a maturity date
closest to the remaining termof thisSeries 2014 Bond, shall be subtracted from the
Interest Rate, or Default Rate (hereinafter defined) if applicable. If the result is zero or a
negative number, there shall be no Yield Maintenance Fee due and payable. If the
Resolution No. 14-38
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result is a positive number, then the resulting percentage shall be multiplied by the
scheduled outstanding principal balance for each remaining monthly period of the
remaining termof thisSeries 2014 Bond. Each resulting amount shall be divided by
360 and multiplied by the number of days in the monthly period. Said amounts shall be
reduced to present values calculated by using the above referenced current costs of
funds divided by 12. The resulting sum of present values shall be the Yield
Maintenance Fee.
This Bondis subject to mandatory redemption from Amortization Installments in
part prior to maturity at a redemption price equal to 100% of the principal amount
thereof, plus accrued interest to the redemption date beginning on December1, 2015
and on each December1 thereafter in the following principal amounts in the years
specified:
Year Principal Amount Year Principal Amount
2015 2024
2016 2025
2017 2026
2018 2027
2019 2028
2020 2029
2021 2030
2022 2031
2023 2032
In and by the Ordinance, the City has covenanted and agreed with the
Registered Holder of this Bond that it will fix, establish, revise from time to time
whenever necessary, maintain and collect always, such fees, rates, rentals and other
charges for the use of the product, services and facilities of the System which will
always provide revenues in each year sufficient to pay, and out of such funds pay,
100% of all costs of operation and maintenance of the System in such year and all
reserve and other payments provided for in the Ordinance and 115% of the bond
service requirement due in such year on this Bond, and on all other obligations payable
on a parity therewith, and that such fees, rates, rentals and other charges shall not be
reduced so as to be insufficient to provide adequate revenues for such purposes. In the
event a rating with respect to debt payable from the Net Revenues falls below A3/A-(or
equivalent) or is no longer maintained by the City, the coverage requirement contained
in Section 16(E) of the Original Ordinance or Section 17(E) of the 2001 Ordinance
(RATE ORDINANCE) shall be increased from 115% to 140% until such time as such
rating is at least A3/A-(or equivalent) or the Series 2014 Bond is no longer outstanding.
The City has entered into certain further covenants with the Holder of this Bondfor the
terms of which reference is made to the Ordinance.
It is certified that this Bond is authorized by and is issued in conformity with the
requirements of the Constitution and Statutes of the State of Florida.
Resolution No. 14-38
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If the date for payment of the principal of, premium, if any, or interest on this
Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions
in the city where the Paying Agent is located are authorized by law or executive order to
close, then the date for such payment shall be the next succeeding day which is not a
Saturday, Sunday, legal holiday or a day on which such banking institutions are
authorized to close, and payment on such date shall have the same force and effect as
if made on the nominal date of payment.
This Bond is and has all the qualities and incidents of a negotiable instrument
under the Uniform Commercial Code -Investment Securities of the State of Florida.
This Bondis issued in the form of a fully registered bond without coupons in the
denomination of a single bond in the principal amount of $___________. Subject to the
limitations and upon payment of the charges provided in the Ordinance, this Bond may
be exchanged for a like principal amount of this Bond. This Bond is transferable by the
Registered Holder hereof in person or by his attorney duly authorized in writing, at the
above-mentioned office of the Registrar, but only in the manner, subject to the
limitations and upon payment of the charges provided in the Ordinance, and upon
surrender and cancellation of this Bond. Upon such transfer a new Bond will be issued
to the transferee in exchange therefor. This Bond may be transferred upon the
registration books upon delivery to the Registrar of this Bond, accompanied by a written
instrument or instruments of transfer in form and with guaranty of signature satisfactory
to the Registrar, duly executed by the Registered Holder of this Bond to be transferred
or his attorney-in-fact or legal representative, containing written instructions as to the
details of the transfer of such Bond, along with the social security number or federal
employer identification number of such transferee and, if such transferee is a trust, the
name and social security or federal employer identification numbers of the settlor and
beneficiaries of the trust, the federal employer identification number and date of the trust
and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall
enter the transfer of ownership in the registration books and shall authenticate and
deliver in the name of the transferee or transferees a new fully registered Bond at the
earliest practicable time in accordance with the provisions of the Ordinance. The City or
the Registrar may charge the Registered Holder of such Bond for every such transfer or
exchange of this Bond an amount sufficient to reimburse them for their reasonable fees
and any tax, fee, or other governmental charge required to be paid with respect to such
transfer or exchange, and may require that such charge be paid before any such new
Bond shall be delivered.
The City may deem and treat the Registered Holder hereof as the absolute
owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving
payment of or on account of principal hereof and interest due hereon and for all other
purposes, and the City shall not be affected by any notice to the contrary.
It is hereby certified and recited that all acts, conditions and things required to
exist, to happen and to be performed precedent to and in the issuance of this Bond
Resolution No. 14-38
B-7
exist, have happened and have been performed in regular and due form and time as
required by the laws and Constitution of the State ofFlorida applicable thereto, and that
the issuance of this Bonddoes not violate any constitutional or statutory limitations or
provisions.
[Remainder of page left intentionally blank]
Resolution No. 14-38
B-8
IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond
and has caused the same to be executed by the manual signature of its City Manager
or an Assistant City Managerand countersigned by the manualsignature of its Mayor,
and its corporate seal to be affixed, impressed, imprinted, lithographed or reproduced
hereon, and attested by the signature of its City Clerk, as of the Dated Date.
CITY OF CLEARWATER, FLORIDA
(SEAL)
By:
George N. Cretekos
Mayor
By:
___________________
[Assistant]City Manager
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:By:
Rosemarie Call Pamela K. Akin
City Clerk City Attorney
Resolution No. 14-38
B-9
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned ________________________________ (the
"Transferor"), hereby sells, assigns and transfers unto
________________________________ (Please insert name and Social Security or
Federal Employer Identification number of assignee) the within Bond and all rights
thereunder, and hereby irrevocably constitutes and appoints
_________________________________ (the "Transferee") as attorney to register the
transfer of the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member of the
New York Stock Exchange or a
commercial bank or a trust
company.
NOTICE: No transfer will be registered
and no new Bond will be issued in the
name of the Transferee, unless the
signature(s) to this assignment
corresponds with the name as it
appears upon the face of the within
Bond in every particular, without
alteration or enlargement or any change
whatever and the Social Security or
Federal Employer Identification Number
of the Transferee is supplied.
Resolution No. 14-38
C-1
EXHIBIT C
FORM OF PURCHASER CERTIFICATE
Mayor and City Council
City of Clearwater
Clearwater, Florida
Ladies and Gentlemen:
This Certificate is being executed and delivered by the undersigned as purchaser
(the "Purchaser") to the City of Clearwater, Florida (the "City"), in connection with the
issuance, sale and delivery of the City's Water and SewerRevenue Refunding Bond,
Series 2014(the "Bond") to the Purchaser, in accordance with the terms of the
Purchaser's Term Sheet to the City dated October 27, 2014, being issued pursuant to
Ordinance No. 3674-84(the "Original Ordinance"),Ordinance No. 6915-01 (the "2001
Ordinance") and Ordinance No. 8620-14(the "2014Ordinance" and, together with the
Original Ordinanceand the 2001 Ordinance, collectively, the "Bond Ordinance") and
Resolution No. 14-38(the "Resolution") for the purpose of advancerefunding the City's
Water and SewerRevenue Bonds, Series 2006(the "Refunded Bonds").Terms defined
in the Resolution are used in this letter with the meanings assigned to them in the Bond
Ordinance and the Resolution.
The undersigned hereby represents, warrants and agrees to and withthe City
that:
1.The Purchaser is an accredited investor as such term is defined in the
Securities Act of 1933, as amended,and Regulation D issued pursuant thereto, a
principal part of whose business consists of buying securities such as the Bond.
2.The Purchaser has received copies of the Bond Ordinance and the
Resolution and certain of the other documents or instruments being delivered in
connection with the issuance of the Bond, and said documents are in form and
substance satisfactory to the Purchaser and its counsel.
3.The Purchaser has conducted its own investigations, to the extent it
deems satisfactory or sufficient,into matters relating to the business, properties,
management, and financial position and results of operations of the City.
4.The Purchaser understands that the Bondis not registered under the
Securities Act of 1933, as amended. The Purchaser is purchasing the Bond for its own
account for investment and not with a view to, and with no present intention of,
distributing or reselling the Bond or any portion thereof, providedthat the Purchaser
reserves the right to transfer the Bond purchased or any interest therein at any time and
in our sole discretion and, in the event that we so transfer the Bond, we assume the
Resolution No. 14-38
C-2
responsibility for complying with any applicable federal and state securities laws
provided, however, the Purchaser acknowledges that the registration of the Bond may
only be transferred in whole.
The Purchaser understands and agrees that the foregoing representations will be
relied upon by the City in the issuance of the Bond.
TD BANK, N.A.
By:___________________________
Name:Kyle P. Keith
Title: Vice President
Resolution No. 14-38
D-1
EXHIBIT D
FORMOF DISCLOSURE LETTER
Mayor and City Council
City of Clearwater
Clearwater, Florida
Ladies and Gentlemen:
1.An itemized list setting forth the nature and estimated amounts of
expenses to be incurred byTD Bank, N.A., as the original purchaser (the "Purchaser")
in connection with the issuance of $27,520,000in principal amount of the City of
Clearwater, Florida Water and SewerRevenue Refunding Bond, Series 2014(the
"Bond") is attached as Schedule I hereto.
2.No compensation was paid to any finders, as defined in Section 218.386,
Florida Statutes, as amended, in connection with the issuance of the Bond.
3.Underwriting fees in the amount of $0.00are expected to be realized in
the sale of the Bond.
4.The Bondis being placed with the Purchaser, as the original purchaser
thereof, and no management fee is being charged.
5.No other fee, bonus or other compensation is to be paid by the Purchaser
in connection with the Bond issue to any person not regularly employed or retained by
them, except for compensation of $6,000to Holland & Knight LLP, in itscapacity as
counsel to the Purchaser, which amount is being paid by the City.
6.There were no underwriters involved in the placement of the Bondto the
Purchaser.
7.(a)The City is proposing to issue $27,520,000aggregate principal
amount of debt or obligations for the purpose of refunding allof the City's Water and
SewerRevenue Bond, Series 2006. This debt or obligation is expected to be repaid
over a period of approximately 18years. At a forecasted true interest cost rate of
3.18%, total interest paid over the life of the debt or obligation will be $10,274,371.53.
(b)The source of repayment for this issue is the Water and SewerRevenues
of the City. Authorizing this debt will result in approximately $2,102,282.72of such
revenues of the City not being available to finance other services of the City each year
for 18years.
Resolution No. 14-38
D-2
We understand that you do not require any further disclosure from the Purchaser,
pursuant to Section 218.385, Florida Statutes, as amended.
TD BANK,N.A.
By:________________________________
Name:Kyle P. Keith
Title:Vice President
Resolution No. 14-38
D-3
SCHEDULE I
EXPENSES
Resolution No. 14-38
E-1
EXHIBIT E
FORM OF ESCROWDEPOSIT AGREEMENT
This ESCROW DEPOSIT AGREEMENT, dated as of December 9, 2014, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State
of Florida (the "City"), andU.S. BANK, NATIONAL ASSOCIATION, a national banking
association organized under the laws of the United States of America, as Escrow Holder
(the "Escrow Holder");
W I T N E S S E T H :
WHEREAS, the Cityhas previously authorized and issued obligations of the City
as hereinafter set forth defined as the "Refunded Bonds", as to which the Annual Debt
Service (as hereinafter defined) is set forth on Schedule A; and
WHEREAS, the Cityhas determined to provide for payment of the Annual Debt
Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the
provisions hereof, cash in an amount equal to the Annual Debt Service; and
WHEREAS, in order to obtain the funds needed for such purpose, the Cityhas
authorized and is, concurrently with the deliveryof this Agreement, issuing the Series
2014Bond more fully described herein; and
WHEREAS, the Cityhas determined that the amount to be on deposit from time
to time in the Escrow Account, as defined herein, will be sufficient to pay the Annual
Debt Service;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Cityand the Escrow Holder agree as follows (provided however
that the Escrow Holder in agreeing to the foregoing shall not be held or deemed
responsiblein any manner whatsoever for the recitals made herein or in the Ordinance,
or the adequacy or sufficiency of the Escrow Requirement):
Section 1. Definitions. As used herein, the following terms mean:
(a)"Agreement" means this Escrow Deposit Agreement.
(b)"Annual Debt Service" means, with respect to the redemption date for the
Refunded Bonds, the principal of, premium, and interest on the Refunded Bonds
coming due on the Call Date as shown on Schedule A attached hereto.
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(c)"Bond" or "Series 2014Bond" means the Water and SewerRevenue
Refunding Bond, Series 2014of the City, authorized by the Ordinance, as herein
defined.
(d)"Call Date" shall mean December 1, 2015.
(e)"Escrow Account" means the account established and held by the Escrow
Holder pursuant to this Agreement, in which cash and investments will be held for
payment of the Refunded Bonds.
(f)"Escrow Holder" means U.S. Bank, National Association, a national
banking association organized under the laws of the United States of America.
(g)"Escrow Requirement" means, as of any date of calculation, the sum of an
amount in cash in the Escrow Account whichwill be sufficient to pay, as the installments
thereof become due, the Annual Debt Service.
(h)"Federal Securities" means direct obligations of the United States of
America and obligations the principal of or interest on which are fully guaranteed by the
United States of America, none of which permit redemption prior to maturity at the
option of the obligor.
(i)"Irrevocable Instructionand Authorization to Redeem Bonds" means a
certificate executed by the Citywhich provides for redemption of certain of the
Refunded Bonds on the Call Date, irrevocably instructs the Escrow Holder to give notice
of such redemption and directs the Paying Agent for the Refunded Bonds to pay the
Refunded Bonds and the interest thereon upon surrender thereof at maturity or on their
Call Date.
(j)"City" means the City of Clearwater, Florida.
(k)"Ordinance" means Ordinance No. 3674-84enacted by the Cityon August
2, 1984, as amended and supplemented in Ordinance 6915-01, enacted on November
15, 2001, as further amended and supplementedby Ordinance No. 8620-14, enacted
on December 4, 2014.
(l)"Paying Agent" shall mean Wells Fargo Bank, N.A.,Paying Agent for the
Refunded Bonds.
(m)"Refunded Bonds" shall mean the City’s Water and SewerRevenue
Bonds, Series 2006maturing on or after December1, 2019.
Section 2. Deposit of Funds. The Cityhereby deposits $_____________ with
the Escrow Holder in immediately available funds, to be held in irrevocable escrow by
Resolution No. 14-38
E-3
the Escrow Holder and applied solely as provided in this Agreement. The City
represents that:
(a)Such funds are all derived as follows:
(1)$_______________ from the net proceeds of the Bond; and
(2)$_______________ transferred from the Debt Service Reserve
Fund for the Refunded Bonds.
(b)Such funds, when applied pursuant to Section 3 below, will at least equal
the Escrow Requirement as of the date hereof.
Section 3. Use and Investment of Funds. The Escrow Holder acknowledges
receipt of $______________ and agrees:
(a)to hold the funds in irrevocable escrow during the term of this Agreement,
and
(b)to deposit the sum of $_____________of funds from the Debt Service
Reserve Fund and invest $_________ of such funds in theUnrestricted Securities
identified as such on Schedule B hereto and hold $_____ in cash, and deposit the sum
of $___________from the proceeds of the Bond, and invest $_________ of such funds
in the Restricted Securities identified as such on Schedule B hereto and hold $_____ in
cash until the Call Date.
(c)The Escrow Holder shall invest the moneys held in the Escrow Account
upon written direction of the Issuer accompanied by (1) a list of the Federal Securities to
be purchased, (2) a report of an independent certified accountant verifying the
sufficiency of the receipts from the Federal Securities will be sufficient to redeem the
Refunded Bonds on December 1, 2015, and (3) an opinion of Bond Counsel to the
effect that such investment will not materially adversely affect the exclusion of the
interest on the Series 2014Bonds from income for purposes of federal income taxation.
Section 4. Payment of RefundedBonds.
(a)Refunded Bonds. On the Call Date, the Escrow Holder shall pay to the
Paying Agent for the Refunded Bonds, from the cash on hand in the Escrow Account, a
sum sufficient to pay the Annual Debt Service coming due on such date, as shown on
ScheduleA and as demonstrated on ScheduleBhereto.
(b)Surplus. On the Call Date, after making the payments from the Escrow
Account described in Subsection 4(a), the Escrow Holder shall pay to the Cityany
remaining cash in the Escrow Account in excess of the Escrow Requirement, to be used
for any lawful purpose of the City.
Resolution No. 14-38
E-4
(c)Priority of Payments. The holders of the Refunded Bonds shall have an
express first lien on the funds in the Escrow Account until such funds are used and
applied as provided in thisAgreement. If the cash on hand in the Escrow Account is
ever insufficient to make the payments required under Subsection 4(a), all of the
payments required under Subsection 4(a) shall be made when due before any
payments shall be made under Subsections 4(b).
(d)Fees and Expenses of Escrow Holder. On the date hereof, the Escrow
Holder acknowledges receipt of its fees to serve as Escrow Holder in the amount of
$______ and agrees to invoice the Cityfor reimbursement of any out of pocket
expenses incurred by the Escrow Holder in performing its services hereunder, and
further acknowledges that the Escrow Holder does not have a lien on or claim against
any funds held hereunder for reimbursement of suchexpenses.
Section 5. Reinvestment.
(a)Except as provided in Section 3 hereof, and in this Section, the Escrow
Holder shall have no power or duty to invest any funds held under this Agreement or to
sell, transfer or otherwise dispose of or make substitutions of the Federal Securities
held hereunder.
(b)At the written request of the Issuer and upon compliance with the
conditions hereinafter stated, the Escrow Holder shall sell, transfer, otherwise dispose
of or request the redemption of any of the Federal Securities acquired hereunder and
shall either apply the proceeds thereof to the full discharge and satisfaction of the
Refunded Bonds or substitute other Federal Securities for such Federal Securities. The
Issuer will not request the Escrow Holderto exercise any of the powers described in the
preceding sentence in any manner which would cause any Bonds to be "arbitrage
bonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the
Regulations thereunder. The transactions may be effected only if (i) an independent
certified public accountant shall certify to the Escrow Holder that the cash and principal
amount of Federal Securities remaining on hand after the transactions are completed,
together with the interest due thereon, will be not less than the Escrow Requirement,
and (ii) the Escrow Holder shall receive an unqualified opinion from a nationally
recognized bond counsel or tax counsel to the effect that the transactions will not cause
such Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of
1986, as amended, and the regulations thereunder in effect on the date of the
transactions and applicable to transactions undertaken on such date.
Section 6. No Redemption or Acceleration of Maturity. Except as provided in the
Irrevocable Instruction and Authorization to Redeem Bonds, the Citywill not accelerate
the maturity or due date of the Refunded Bonds.
Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its
respective successors, assigns, agents and servants shall not be held to any personal
liability whatsoever, in tort, contract, or otherwise, in connection with the execution and
Resolution No. 14-38
E-5
delivery of this Agreement, the establishment of the Escrow Account, the acceptance of
the funds deposited therein, transfer or other application of money by the Escrow Holder
in any non-negligent act, non-negligent omission or non-negligent error of the Escrow
Holder made in good faith in the conduct of its duties. The Escrow Holder shall,
however, be liable to the Cityfor its negligent or willful acts, omissions or errors which
violate or fail to comply with the terms of this Agreement. The duties and obligations of
the Escrow Holder shall be determined by the express provisions of this Agreement.
TheEscrow Holder may consult with counsel, who may or may not be counsel to the
City, and in reliance upon the opinion of such counsel shall have full and complete
authorization and protection in respect of any action taken, suffered or omitted by it in
goodfaith in accordance therewith. Whenever the Escrow Holder shall deem it
necessary or desirable that a matter be proved or established prior to taking, suffering
or omitting any action under this Agreement, such matter may be deemed to be
conclusively established by a certificate signed by an authorized officer of the City.
The Escrow Holder has no duty to determine or inquire into the happening or
occurrence of any event or contingency where the performance or the failure of
performance of the Citywith respect to arrangements or contracts with others, the
Escrow Holder's sole duty and responsibility hereunder being to safeguard the Escrow
Account and dispose of and deliver the same strictly in accordance with this Agreement.
Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and
thereby become discharged from the duties and obligations hereby created, by notice in
writing given to the Cityand published once in a newspaper of general circulation
published in the territorial limits ofthe City, and in a daily newspaper of general
circulation or a financial journal published or circulated in the Borough of Manhattan,
City and State of New York, not less than sixty (60) days before such resignation shall
take effect. Such resignation shall take effect immediately upon the appointment of a
successor Escrow Holder hereunder and payments of all amounts due the resigning
Escrow Holder.
Section 9. Removal of Escrow Holder.
(a)The Escrow Holder may be removed at any time by an instrument or
concurrent instruments in writing, executed by the holders of not less than fifty-one per
centum (51%) in aggregate principal amount of each series of Refunded Bonds then
outstanding, such instruments to be filed with the City, and notice in writing given by
such holders to all of the registered holders of each series of the Refunded Bonds and
published once in a newspaper of general circulation published in the territorial limits of
the City,and in a daily newspaper of general circulation or a financial journal published
or circulated in the Borough of Manhattan, City and State of New York, not less than
sixty (60) days before such removal is to take effect as stated in such instrument or
instruments. A photographic copy of any instrument filed with the Cityunder the
provisions of this paragraph shall be delivered by the Cityto the Escrow Holder.
Resolution No. 14-38
E-6
(b)The Escrow Holder may also be removed at any time for any breach of
trust or for acting orproceeding in violation of, or for failing to act or proceed in
accordance with, any provisions of this Agreement with respect to the duties and
obligations of the Escrow Holder, by the Cityor by the holders of not less than twenty-
five per centum (25%) in aggregate principal amount of each series of the Refunded
Bonds then outstanding.
(c) No such removal shall take effect until a successor Escrow Holder shall be
appointed hereunder.
Section 10. Successor Escrow Holder.
(a)If at any time hereafterthe Escrow Holder shall resign, be removed, be
dissolved or otherwise become incapable of acting, or shall be taken over by any
governmental official, agency, department or board, the position of Escrow Holder shall
thereupon become vacant. If the position of Escrow Holder shall become vacant for any
of the foregoing reasons or for any other reason, the Cityshall appoint a successor
Escrow Holder to fulfill the duties of Escrow Holder hereunder. The Cityshall publish
notice of any such appointment oncein each week for four (4) successive weeks in a
newspaper of general circulation published in the territorial limits of the Cityand in a
daily newspaper of general circulation or a financial journal published or circulated in the
Borough of Manhattan, City and State of New York, and, before the second publication
of such notice shall mail a copy thereof to the original purchaser or purchasers of the
Refunded Bonds.
(b)At any time within one year after such vacancy shall have occurred, the
holders of a majority in principal amount of each series of Refunded Bonds then
outstanding, by an instrument or concurrent instruments in writing, executed by all such
bondholders and filed with the governing body of the City, may appoint a successor
Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the
City. Photographic copies of each such instrument shall be delivered promptly by the
City, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the
bondholders.
(c)If no appointment of a successor Escrow Holder shall be made pursuant
to the foregoing provisions of this section, the holder of any Refunded Bonds then
outstanding, or any retiring Escrow Holder may apply to any court of competent
jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after
such notice, if any, as such court may deem proper and prescribe, appoint a successor
Escrow Holder.
Section 11. Term. This Agreement shall commence upon its execution and
delivery and shall terminate when the Refunded Bonds have been paid and discharged
in accordance herewith, and all amounts held by the Escrow Holder hereunder have
been applied in accordance herewith.
Resolution No. 14-38
E-7
Section 12. Severability. If any one or more of the covenants or agreements
provided in this Agreement on the part of the Cityor the Escrow Holder to be performed
should be determined by a court of competent jurisdiction to be contrary to law, such
covenant or agreements herein contained shall be null and void and shall be severed
from the remaining covenants and agreements and shall in no way affect the validity of
the remaining provisions of this Agreement.
Section 13. Counterparts. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes as duplicate originals
and shall constitute and be but one and the same instrument.
Section 14. Governing Law. This Agreement shall be construed under the laws
of the State of Florida.
Section 15. Security for Accounts and Funds. All accounts and funds
maintained or held pursuant to this Agreement shall be continuously secured in the
same manner as other deposits of municipal funds are required to be secured by the
laws of Florida.
[Remainder of page intentionally left blank]
Resolution No. 14-38
E-8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers and their official seals to be hereunto affixed
as of the date first above written.
CITY OF CLEARWATER, FLORIDA
(SEAL)
George N. Cretekos
Mayor
ATTEST:
Rosemarie Call ____________________
City Clerk [Assistant]City Manager
Approved as to Form,
Sufficiency and Correctness:
____________________________________
Pamela K. Akin
City Attorney
Resolution No. 14-38
E-9
U.S. BANK, NATIONAL ASSOCIATION,
as Escrow Holder
By:
Name:
Title:
Resolution No. 14-38
E-10
Schedule A
(Annual Debt Service; Description of Refunded Bonds)
Series 2006Bonds
Payment Date Principal Premium Interest Total Debt
Service
June 1, 2015
December1, 2015
Resolution No. 14-38
E-11
Schedule B
ESCROW CASH FLOW
Date Principal Interest Disbursements
Cash
Balance
UNRESTRICTED SECURITIES
[To be provided]
RESTRICTED SECURITIES
[To be provided]
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-709
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Approve and accept an Interlocal Agreement/Franchise with the City of Oldsmar in order to
provide natural gas service to the citizens of Oldsmar and adopt Resolution 14-39.
SUMMARY:
On November 18, 2014, the City of Oldsmar Commission approved the Interlocal Agreement
with the City of Clearwater, which provides a franchise for the Clearwater Gas System to
provide natural gas service in Oldsmar.
The Clearwater Gas System has provided service within the City of Oldsmar for the past 30
years under a prior franchise agreement.
The Interlocal Agreement provides the City of Clearwater an additional 20-year right to
continue to construct, operate and maintain all facilities necessary to supply natural gas to the
City of Oldsmar.
The Interlocal Agreement provides for a 5% franchise fee to be paid by the consumers of
natural gas within the City of Oldsmar. The prior franchise fee was 4.5%.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 12/2/2014
Resolution No. 14-39
RESOLUTION NO. 14-39
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE
AND CONCESSION OF THE CITY OF OLDSMAR,
FLORIDA, FOR THE PURPOSE OF FURNISHING GAS
WITHIN THE CITY OF OLDSMAR AND TO ITS
INHABITANTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, renewal of a gas system franchise has been approved by the
adopting of Ordinance No. 2014-11of the City of Oldsmaron November18,2014, a
copy of which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, the terms and conditions of the gas system franchise are
acceptable; now, therefore,
BE IT RESOLVED BY THE CITY COUNCILOF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The terms and conditions of the gas system franchise, privilege and
concession granted by the City of Oldsmar, Florida, by the adoption of Ordinance No.
2014-11ofthe City of Oldsmar, are hereby accepted, and the City Councilof the City of
Clearwater does hereby agree to comply with the terms and conditions of the franchise
and with all reasonable ordinances adopted by the City Council of the City of Oldsmar
not inconsistent with the franchise.
Section 2. This resolution shall take effect immediately upon adoption. Upon
adoption of this resolution, the City Clerk shall deliver a certified copy to the City Clerk
of the City of Oldsmar.
PASSED AND ADOPTED this _____day of December,2014.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_______________________________________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8650-14
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Human Resources
Agenda Number: 10.4
SUBJECT/RECOMMENDATION:
Amend Chapter 2, Article V, Division 6, Section 2.506 of the City of Clearwater Code of
Ordinance and Section 8.3 of the City of Clearwater Money Purchase Plan complying with the
Internal Revenue Code and pass Ordinance 8650-14 on first reading.
SUMMARY:
The ordinance amends Section 8.3, Lump Sum Payments, requiring the Plan Administrator to
make a lump sum payment for contributions exceeding $1000 to an individual retirement plan
of a designated trustee if the distributee has failed to make an election after termination of
employment.
Page 1 City of Clearwater Printed on 12/2/2014
Ordinance No. 8650-14
ORDINANCE NO.8650-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA,AMENDING CHAPTER 2, ARTICLE V,
DIVISION 6, SUBDIVISION VII, SECTION 2.506 OF
THE CITY OF CLEARWATER CODE OF
ORDINANCES; AMENDING SECTION 8.3OF THE
CITY OF CLEARWATER MONEY PURCAHSE PLAN
DOCUMENT TO COMPLY WITH 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.Chapter 2, Article V., Division 6, Subdivision VII, Section 2.506,
Clearwater Code of Ordinancesis hereby amended to readas follows:
Sec. 2.506 Lump Sum Payment. Notwithstanding anything contained in this Plan to
the contrary, any benefit payable under the 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. Should
the actuarial lump sum value of such a payment be greater than $1,000.00, and if the
distributee has not elected to have such distribution paid directly to a specified eligible
retirement plan, the plan administrator shall make such paymentto an individual
retirement plan of a designated trustee or issuer and shall notify the distributee in writing
(either separately or as part of the notice under section 402(f)of theCode) that the
distribution may be transferred to another individual retirement plan.
Section 2.The City of Clearwater hereby adopts the amended Money
Purchase Pension Plan effective October 15, 2014, in the form attached hereto as
Exhibit A and made a part hereof.
Section 3. This ordinance shall take effect retroactive to October 15, 2014.
PASSED ON FIRST READING __________________________
PASSED ON SECOND AND FINAL __________________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
2 Ordinance No. 8650-14
Approved as to form:Attest:
_______________________________________________________
Matthew Smith Rosemarie Call
Assistant City Attorney City Clerk
Exhibit A
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
SECOND RESTATEMENT
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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
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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
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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
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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
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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
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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
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(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
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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
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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.
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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
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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,
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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.
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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 be legally 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 forthe estate of
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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.
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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
the case 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 thedistribution 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
Retirement Date; 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
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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
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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.
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(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.
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(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
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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.
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(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.Should the actuarial
lump sum value of such payment be greater than $1000.00, and if the distributee has not
elected to have such distribution paid directly to a specified eligible retirement plan of a
designated trustee or issuer and shall notify the distributee in writing (either separately or
as part of a notice under section 402(f) of the code) that the distribution may be
transferred to another individual retirement plan.
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 by reason 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 Transfer to 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
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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.
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
for the 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,
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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.
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 who has 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.
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ARTICLE IX
TRUST FUND AND EXPENSES OF ADMINISTRATION
9.1 Name of Trustee. The Trust Fund shall be held 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 forthe 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).
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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 proportional adjustments 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 amount then credited to his Account
in accordance with the form of payment prescribed by Article VIII.
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ARTICLE XI
PARTICIPANT DIRECTION OF ACCOUNT INVESTMENT
11.1 Participant Directed Investments. On the commencement of his
participation in the Plan, each Participant shall direct 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 through shares 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 investmentof 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
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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.
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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 byfederal 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
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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 the power, 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 event action 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) day period, 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
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the claimant or his duly authorized representative shall have the right to 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.
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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 of medical 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,
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(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 balance of 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
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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#14-734
Agenda Date: 12/1/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 10.5
SUBJECT/RECOMMENDATION:
Approve preliminary funding in the amount of $500,000 for establishment of the ULI Report
Implementation special program; and approve the transfer of $500,000 in General Fund
reserves to the Special Programs Fund to fund the program.
SUMMARY:
This request is to establish a designated program and initial seed money appropriation to
underwrite implementation of the ULI Advisory Services Panel Report, as reflected in the ULI
Implementation Matrix with Priority (P) items designated for initial implementation.
It would be intended that this program would be supplemented periodically as circumstances
warrant, as costs for implementation of specific items are further defined, and as items in the
Implementation Matrix are added to the Priority (P) list.
APPROPRIATION CODE AND AMOUNT:
Funding for this item will be provided by a first quarter budget amendment allocating General
Fund reserves in the amount of $500,000 to establish special program 181-99888, ULI Report
Implementation.
The balance in General Fund reserves is approximately $17.3 million, or 14.8% of the 2014/15
General Fund operating budget. A total of $1,651,214 of General Fund reserves has been
used to date to fund expenditures in the 2014/15 operating budget.
Page 1 City of Clearwater Printed on 12/2/2014
ULI REPORT IMPLEMENTATION MATRIX (P): Staff recommended initiatives to begin within 1st 90 days; reflects Council discussion
deferring Bluff/Waterfront Master Plan until after CMA and Greenlight clarifications.
*Timeframe begins once Council or City Manager provide direction/approval
Month/years represent time to completion from commencement
Staff Recommendation Timeframe*Work Program Impacts Cost
1)Create a Comprehensive Boating Plan (P)
M&A
ED&H, P&R,
Library
Support: Consultant needed; Report to include
market analysis, survey; description of desired
activities; locations for ferry service, etc.180 days M&A: Minimal, consultant needed $35k
1a)
Provide recreational boating experiences at
downtown marina
M&A
Legal
Support: Recommendations for activities that need
referendum approval will be part of the
Comprehensive Boating Plan (above).
Referendum: March
2016
Legal: Once activities and locations are identified,
Legal can define charter changes needed to reflect
desired activities. TBD
2)
Ensure environmental Integrity of Clearwater
Harbor
M&A
Engineering
Support: 1) Marina to investigate benefit of
upgrading its certification from "Clean Marina" to
"Clean and Resilient Marina" designation; 2)
Engineering will continue to implement stormwater
and mitigation activities; (3) Ongoing
implementation of Stevenson Creek Watershed
Management Plan and future update of Plan.
(1) TBD; (2)
Ongoing; (3) Begin
in 2015, 18 months
(1) M&A would need work program modification;
(2) and (3) Part of work programs
(1) TBD; (2) n/a; (3)
$400k
3)Ensure future connections to the waterfront
P&D
P&R, Legal,
Engineering
Support: (1) Current connections include
maintaining 14 access points; (2) Future
connections (path along water) is a long-term
implementation item to be considered as part of
Bluff Master Plan and Comprehensive Boating Plan
process; 3) goals and objectives to be included in
the revision to the Downtown Redevelopment Plan
and N. Marina Master Plan
(1) Ongoing; (2)
long-term and TBD,
per 1.2; 3) long-term
, per 1.2 TBD TBD
STRATEGY 1.1: Waterfront District--Promote and grow the boating culture; instill activity along the waterfront.
ACTIONS
Lead
Department
FOCUS AREA 1: STRATEGY
Planning, Development and Design Strategies
Page 1
4)Create a water taxi or ferry service
M&A
Legal
Support alternative transporation modes and
encourage as public-private partnership. (1) For
water taxi service, regulatory framework needs to
be created to allow the taxis, define locations for
stops, rules, etc. (2) For ferry service, public
subsidy is needed to run on a schedule. Council to
determine how much public subsidy, if any, to
allocate; RFP can be prepared and contractor
selected.
(1) 6 months for
water taxi
regulations; (2) 6
months for
contractor selection;
additional 8-9
months for dock
permits
Legal: Significant work on the regulations;
M&A: Signficant staff time to prepare RFP; design
needed by Engineering; and time for dock
permitting and construction
(2) TBD (subsidy
needed for contractor
plus est. $50k for beach
landing/floating dock)
5)
Create comprehensive North Marina Master Plan
(Small Area Plan) (P)
P&D
M&A
Support: Priority to provide framework for pending
decisions on facility siting and development
applications.
1 year (including
consultant selection)
Consultant needed for Master Plan; Minimal staff
impact if US 19 Plan is largely completed;
regulatory changes to be done by staff, if needed,
after Plan is completed.
$75k+/- (subject to
change based on final
scope)
6)Attract waterfront restaurants
ED&H
CRA
Support: Activity is subject to referendum and part
of Bluff Master Plan TBD, per 1.2 TBD TBD
7)
Capitalize and grow Old Clearwater Bay housing
stock
ED&H
P&D
Support: (1) ED&H--Research grant or low-interest
loan rehabilitation programs not associated with
affordable housing and determine if program is
feasible; (2) P&D--Research policy and regulatory
incentives to encourage housing improvements 1 year
ED&H--could be incorporated as part of FY14-15
work program with a consultant
TBD--Incentives needed
for Rehab program
funding; $15k for
consultant
8)
Master Plan the Bluff/Waterfront:
-Appoint Steering Committee
-Engage Development Consultant
-RFP for Master Plan Consultant (Public
Engagement)
P&D
ED&H
ACM
Support: Commencement subject to Council
authorization vis-à-vis clarification of CMA
Downtown Project . The Plan could include
addressing market analysis and development
strategy/financial feasibility; access and parking;
park design (what activities could be accommodated
and where and how they might occur and be
designed); and public engagement.
Consultant
selection: 4 months;
Plan completion 12-
15 months
TBD: Substantial multi-department work program
impacts
$200-300k (depends on
scope)
8a)
Define Referendum process after Bluff Master
Plan (added for timeline purposes)
ACM, Legal
Clerk, PC
Support:Charter review begins January 2015.
Ballot language is needed 3 months prior to
election.The next regular election is March 1, 2016.
If we miss that date, then a special election will
have to be called ($100k+). Next election is
November 8, 2016.
Historically, 9-12
months (following
completion of
Bluff/Waterfront
Master Plan)Significant time from Clerk, Legal, PC
TBD: Election schedule
chosen will be major
determinant of cost
STRATEGY 1.2: Bluff/Waterfront
Page 2
8b)
Following Master Plan process, conduct RFP
process for "horizontal or master" developer (to
develop opportunity sites along the Bluff)
ACM
ED&H Support: to be implemented after Bluff Master Plan
4 months for
selection Work Program addition for ED&H n/a
8c)Expand Coachman Park P&R Support: to be implemented after Bluff Master Plan TBD, per 1.2 TBD TBD
8d)Identify opportunity sites along the Bluff ACM Support as part of Bluff Master Plan TBD, per 1.2 TBD TBD
8e)Attract and promote a large draw on City Hall site ACM Support as part of Bluff Master Plan TBD, per 1.2 TBD TBD
8f)
Make attractive locations across the Bluff and to
the water (Cleveland street connection)
P&R
Engineering
Support as part of Bluff Master Plan and Expand
Coachman Park process TBD, per 1.2 TBD TBD
9)Boost the Library (P)
Library
P&R
ED&H
Support: Some charter restrictions limit
recommendations: (1) Research partnership
opportunities to develop the Main Library as an Arts
& Culture destination space. (2) Engage STEM
organizations in the downtown area to identify
educational and creative opportunities. (3)
Determine space, buildout/materials, and resources
needed.
Research: 3
months; Planning 3
months;
Implmentation: TBD
Major impact: the most efficient and effective way
is to increase one PT position to FT (cost about
$17,000 a year). Also will need to add hours to
increase access.
$17,000 to upgrade PT
to FT; $50,000 for
evening hours, $50,000
for Fri & Sat morning,
general fund next
budget. $30,000 to
reconfigure space for
partnerships.
10)Use Bridge as Gateway (P)
P&R
Legal
Engineering
Support as public art project: (1) Engineering to
research FDOT requirment; (2) Legal to research
Pierce 100 issues; (3) P&R to Manage Public Art
Process/Call for Artists
(1) and (2) DOT and
Legal --6 months;
(3) 6-9 month public
art process
Work program:
Engineering: research.
Legal: Research Restrictions
P&R: Public Art Process after above.
$350-400k (based on
Tampa's project--Could
be opportunity for
corporate sponsorship)
11)Make downtown more navigable
Engineering
CRA
Support changes to Wayfinding signs after
Community Branding project and facility siting is
completed (i.e. garage, City Hall, Intermodal hub,
CMA, etc.); In short-term: Research flexible sign
faces, and identify funding sources.TBD
Could be incorporated into Engineering and CRA
work programs after branding & facilities
determined.
TBD, based upon
system selected
12)
Reconsider design guidelines and signage
regulations (P)P&D Support
Depends on Council
direction/ prioritiesP&D: Changes to sign code can be done in-house n/a
STRATEGY 1.3: Central Business District: Make downtown more attractive; bring people to the streets; make downtown more navigable
Page 3
13)
Consider application of Form-based Code (in the
Downtown Redevelopment Plan area)
P&D
Legal Support
Depends on Council
direction/ priorities
P&D: Depending upon the extent of these
changes, this may be doable in-house or if more
extensive, require outside assistance.Est. $75-100k
14)
Create a Streetscape Toolkit (for
secondary/arterial streets)
Engineering
ED&H
Support: (1) As part of current strategy,
streetscape improvements are encouraged as part
of private redevelopment. (2) Streetscape elements
are already incorporated into Downtown
Redevelopment Plan: Cleveland Streetscape Phase
2 design palette/spec sheets are used as general
guide for "side" streets. (3) Support Cleveland
Streetscape Phase 3.
(1) Ongoing
(2)Completed (3)FY
17-20
Part of existing work programs
(3) $6m in Penny 3
allocated for Cleveland
Streetscape Phase 3
15)Attract an Incubator (P)
ED&H
CRA
Support as part of private sector (and not solely
publicly-funded) initiative: (1) model already
underway focusing on tech entrepreneurship; staff
exploring CRA financial participation;
(2) Explore feasibility of a "Resource Center" or
"One Stop" concept with other partners
(1) 3 months
(2) 12-18 months Part of ED&H/CRA work program
(1) TBD--Potential CRA
financial participation;
(2) TBD
16)Consider City Hall with Intermodal Hub
CM/ACM
Engineering
Support: Preliminary siting analysis is underway;
Final decision depends on CMA and Greenlight
referendum results. TBD
Significant staff impacts after CMA & Greenlight
resolved.
TBD ($7.5m for City
Hall only as part of the
CMA proposal); $5.5M
in Penny 2017 for
Intermodal Center/City
Hall
17)
Create a secondary service-based retail
environment along Fort Harrison CRA
Support as part of private redevelopment
opportunities. Given that majority of property
ownership is Church of Scientology and Pinellas
County, there is little likelihood of added retail
space.Long-term TBD TBD
18)
Attract additional retail/restaurants
(i.e. Find the next Starbucks)CRA
Support as private sector initiative: Church of
Scientology and downtown property owners working
on identifying market demand and matching
potential businesses with appropriate locations.
Once impediments are defined, City will work with
this group to explore potential programs and
solutions.TBD
Can be incorporated as part of existing work
program TBD
Page 4
19)
Attract another cultural or entertainment venue to
the area (i.e. Find the next Capitol Theatre)ACM Support as part of Bluff Master Plan process TBD, per 1.2 TBD TBD
20)
Enhance Gateways (to include: five points
intersection; Cleveland and Myrtle, lntermodal
hub, Pinellas Trail; Fort Harrison & Court) (P)
Engineering
ED&H, CRA
Support: Five points intersection is completed.
Other locations need ROW and feasibility
investigation and funding identification (some after
facility siting)TBD
Minimal staff impacts for ROW identification of
other locations. Need to identify design and
construction costs if able to proceed.TBD
21)
Promote downtown brand through signage, public
art, architectural elements, and green space
P&D, P&R
PC, CRA,
Engineering
Support: 1) Community Branding Project
underway; 2) Identify opportunities after Community
Branding project is completed TBD TBD TBD
22)Build a garage near or adjacent to intermodal hub
ACM
Engineering
Support: Needs feasibility investigation and funding
identification after the Greenlight referendum
3-5 years for south
location, 4-6 years
for north location.
Appears to assume 2 downtown garages, one
south & one north. Significant staff impacts on
each.
$7 M - $8 M per garage;
Source of Funds TBD
23)
Create bike/walk loop to connect Downtown with
North Greenwood and East Gateway
Engineering
P&R
CRA
Support:1) Major portions complete; 2) North
Connector location unresolved; 3) Needs ROW,
feasibility and funding identification.5+ years
Moderate staff time to coordinate w/CSX RR for
northern loop.est. $500k
24)Connect Jolley Trolley to East Gateway
ED&H
CRA
Support: Part of East Gateway Vision Plan.
However, feasibility is dependent on available
funding and market demand from riders 5+ years Part of existing work programs TBD
25)
Evaluate highest and best use of the existing golf
course and enhance Glen Oaks Park P&R
Do not support: (1) Clearwater Golf Course: Long-
term lease agreement would need to be terminated
with a significant financial impact to the city; (2)
Glen Oaks Park: Currently at maximum use with
stormwater and parks facility combined n/a n/a n/a
26)
Connect Glen Oaks to East Gateway via a
Stevenson Creek Trail
CRA
Engineering
P&R Support as part of East Gateway Vision Plan 5+ years
Preliminary layout complete. Ready to contact
property owners for possible easements. Minimal
staff impacts.
Est. $400k not including
land acquisition
27)Commmunity Market (P)
CRA
ED&H
Support: (1) Feasibility of Festival Core part of
East Gateway Vision Plan;
(2) Investigation of "Mercado" as it needs a fixed
location and feasibility and cost analysis
(1) 3 years
(2) TBD
(1) Part of ED&H/CRA/Engineering work program
(2) Significant impact to work program if conducted
in FY14-15
(1) TBD
(2) TBD
28)Promote Healthy Food
CRA
ED&H
P&R
Support: Farmers Market part of East Gateway
Vision Plan; underway with feasbility TBD Part of ED&H/CRA work program TBD
STRATEGY 1.4: Community Gateways and Connections
Page 5
Staff Recommendation Timeframe*Work Program Impacts Cost
29)Conduct community branding effort (P)PC
Support: Contract awarded and work underway--
North Star hired 12 months Part of existing work program $100k
30)
Communicate the real estate market and potential
for expansion of real estate activity (P)
ED&H
PC
Support: Prepare a marketing piece that highlights
housing, retail, and office demand for web-based
and social media distribution 4 months To be completed in house with existing staff $5k
31)
Create a forum for the discussion of issues with
the city, development partners, and community
stakeholders (P)ACM
Support: Create Communications Stakeholder
Group (CSG); Define goals
Subject to Council
Concurrence n/a n/a
Staff Recommendation Timeframe*Work Program Impacts Cost
32)Identify Lead Responsibility CM
Support: ACM appointed; ULI Implimentation Team
(aka "Brain Trust") appointed Completed No impact n/a
33)Revise Downtown Redevelopment Plan
P&D
CRA
Support: Begin after TIF extension is approved by
Pinellas County; Bluff/Waterfront Master Plan and
North Marina Special Area Plan will be addressed
once completed.
12-18 months from
County Commission
direction on TIF
extension; TBD to
make changes from
Bluff and N. Marina
Master Plans
TBD: Multi-phase effort depending on
recommendations of Bluff Master Plan and N.
Marina Master Plan, Form-based code analysis,
etc.
TBD if consultant is
needed
34)
Investigate the use of TIF bonds to leverage
redevelopment (P)
ACM
Finance
Support: Needs cost/benefit analysis; Opinion letter
from Financial Advisor has been requested 4 months Incorporated as part of existing work program TBD
FOCUS AREA 3: ORGANIZATIONAL CAPACITY AND IMPLEMENTATION
ITEM 3.1: Implementation
FOCUS AREA 2: COMMUNICATION/PARTNERSHIPS
Item 2.1: Clearwater must begin to actively tell its story
Item 2.2:
ACTIONS
Lead
Department
ACTIONS
Lead
Department
Page 6
35)
Add Clean and Safe Program to Downtown
Redevelopment Plan
CRA
Police Support: Needs further investigation and definition
TBD, part of DT
plan above TBD TBD
36)Support Special Events
CRA, DDB
P&R
Support events (Blast Friday and Star Spectacular,
etc.) that are better integrated into redevelopment
activities, engaging public and creating awareness
for Downtown activities
Underway &
Ongoing Part of existing work program
Recommend FY14-15
CRA funding: $75k
Blast Friday and $15k
Star Spec; DDB is
funding $17.5k for Blast
Friday and $20k for Star
Spec
37)Create framework for engaging partners CM/ACM
Support: Create specific plan/deliverables for
affected Departments
Underway &
Ongoing Part of existing work program n/a
38)Pinellas County
CM/ACM
Engineering
ED&H
Support: Work together on funding opportunities,
CRA TIF extension, and PSTA and
MPO/transportation/parking needs
Underway &
Ongoing Part of existing work program n/a
39)Business Leadership ED&H
Support: Attend meetings with umbrella
organization
Underway &
Ongoing
Can be incorporated as part of existing work
program n/a
40)Church of Scientology
ACM, ED&H
PC, P&D
Others?
Support: Establish and maintain regular
communication with Church, determine long-term
plan for properties; etc.
Underway &
Ongoing
Can be incorporated as part of existing work
program n/a
41)Community Leaders ACM
Support: Create Communication Stakeholder
Group (CSG) (see Item 2.2)
3 months: Subject to
Council Concurence
with Direction TBD n/a
ITEM 3.2: Engage Partners
Page 7
ULI REPORT IMPLEMENTATION MATRIX (P): Staff recommended initiatives to begin within 1st 90 days; reflects Council discussion
Priority Items Only deferring Bluff/Waterfront Master Plan until after CMA and Greenlight clarifications.
*Timeframe begins once Council or City Manager provide direction/approval
Month/years represent time to completion from commencement
Staff Recommendation Timeframe*Work Program Impacts Cost
1)Create a Comprehensive Boating Plan (P)
M&A
ED&H, P&R,
Library
Support: Consultant needed; Report to include
market analysis, survey; description of desired
activities; locations for ferry service, etc.180 days M&A: Minimal, consultant needed $35k
5)
Create comprehensive North Marina Master Plan
(Small Area Plan) (P)
P&D
M&A
Support: Priority to provide framework for pending
decisions on facility siting and development
applications.
1 year (including
consultant selection)
Consultant needed for Master Plan; Minimal staff
impact if US 19 Plan is largely completed;
regulatory changes to be done by staff, if needed,
after Plan is completed.
$75k+/- (subject to
change based on final
scope)
9)Boost the Library (P)
Library
P&R
ED&H
Support: Some charter restrictions limit
recommendations: (1) Research partnership
opportunities to develop the Main Library as an Arts
& Culture destination space. (2) Engage STEM
organizations in the downtown area to identify
educational and creative opportunities. (3)
Determine space, buildout/materials, and resources
needed.
Research: 3
months; Planning 3
months;
Implmentation: TBD
Major impact: the most efficient and effective way
is to increase one PT position to FT (cost about
$17,000 a year). Also will need to add hours to
increase access.
$17,000 to upgrade PT
to FT; $50,000 for
evening hours, $50,000
for Fri & Sat morning,
general fund next
budget. $30,000 to
reconfigure space for
partnerships.
10)Use Bridge as Gateway (P)
P&R
Legal
Engineering
Support as public art project: (1) Engineering to
research FDOT requirment; (2) Legal to research
Pierce 100 issues; (3) P&R to Manage Public Art
Process/Call for Artists
(1) and (2) DOT and
Legal --6 months;
(3) 6-9 month public
art process
Work program:
Engineering: research.
Legal: Research Restrictions
P&R: Public Art Process after above.
$350-400k (based on
Tampa's project--Could
be opportunity for
corporate sponsorship)
12)
Reconsider design guidelines and signage
regulations (P)P&D Support
Depends on Council
direction/ prioritiesP&D: Changes to sign code can be done in-house n/a
STRATEGY 1.1: Waterfront District--Promote and grow the boating culture; instill activity along the waterfront.
ACTIONS
Lead
Department
FOCUS AREA 1: STRATEGY
Planning, Development and Design Strategies
STRATEGY 1.2: Bluff/Waterfront
STRATEGY 1.3: Central Business District: Make downtown more attractive; bring people to the streets; make downtown more navigable
Page 1
15)Attract an Incubator (P)
ED&H
CRA
Support as part of private sector (and not solely
publicly-funded) initiative: (1) model already
underway focusing on tech entrepreneurship; staff
exploring CRA financial participation;
(2) Explore feasibility of a "Resource Center" or
"One Stop" concept with other partners
(1) 3 months
(2) 12-18 months Part of ED&H/CRA work program
(1) TBD--Potential CRA
financial participation;
(2) TBD
20)
Enhance Gateways (to include: five points
intersection; Cleveland and Myrtle, lntermodal
hub, Pinellas Trail; Fort Harrison & Court) (P)
Engineering
ED&H, CRA
Support: Five points intersection is completed.
Other locations need ROW and feasibility
investigation and funding identification (some after
facility siting)TBD
Minimal staff impacts for ROW identification of
other locations. Need to identify design and
construction costs if able to proceed.TBD
27)Commmunity Market (P)
CRA
ED&H
Support: (1) Feasibility of Festival Core part of
East Gateway Vision Plan;
(2) Investigation of "Mercado" as it needs a fixed
location and feasibility and cost analysis
(1) 3 years
(2) TBD
(1) Part of ED&H/CRA/Engineering work program
(2) Significant impact to work program if conducted
in FY14-15
(1) TBD
(2) TBD
29)Conduct community branding effort (P)PC
Support: Contract awarded and work underway--
North Star hired 12 months Part of existing work program $100k
30)
Communicate the real estate market and potential
for expansion of real estate activity (P)
ED&H
PC
Support: Prepare a marketing piece that highlights
housing, retail, and office demand for web-based
and social media distribution 4 months To be completed in house with existing staff $5k
31)
Create a forum for the discussion of issues with
the city, development partners, and community
stakeholders (P)ACM
Support: Create Communications Stakeholder
Group (CSG); Define goals
Subject to Council
Concurrence n/a n/a
34)
Investigate the use of TIF bonds to leverage
redevelopment (P)
ACM
Finance
Support: Needs cost/benefit analysis; Opinion letter
from Financial Advisor has been requested 4 months Incorporated as part of existing work program TBD
STRATEGY 1.4: Community Gateways and Connections
FOCUS AREA 3: ORGANIZATIONAL CAPACITY AND IMPLEMENTATION
ITEM 3.1: Implementation
FOCUS AREA 2: COMMUNICATION/PARTNERSHIPS
Item 2.1: Clearwater must begin to actively tell its story
Item 2.2:
Page 2