06/04/2007
WORK SESSION AGENDA
Council Chambers - City Hall
6/4/2007 - 1:30 PM
1. Financial Services
1.1 Authorize the refunding of the outstanding Gas Revenue Bonds, Series 1998 and the cash defease of the
outstanding Gas Revenue Bonds, Series 1997B and adopt Resolution 07-15.
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2. Parks and Recreation
2.1 Approve soliciting a request for proposal (RFP #28-07) for the operation, maintenance and programming
of the North Greenwood Recreation and Aquatics Complex located at 900 North MLK Ave. from
qualified organizations. (consent)
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3. Police
3.1 Approve a Vehicle Towing Service Contract between the City of Clearwater and BJ.' s Towing, Inc., for a
three-year period (August 1, 2007 - July 31, 2010) with a two-year renewal option upon expiration of the
contract and authorize the appropriate officials to execute same. (consent)
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3.2 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida
providing for the continuation of the School Resource Officer program at Clearwater High School and
Countryside High School for 3 years commencing July 1,2006, through June 30, 2009 and authorize the
appropriate officials to execute same. (consent)
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3.3 Approve submission of an application for federal funding in the amount of $103,408 to the U.S.
Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) under the 2007 Edward Byrne
Memorial Justice Assistance Grant (JAG) program. (consent)
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4. Engineering
4.1 Accept Easement For Ingress/Egress and Utilities over, under and across portions of Block 12,
MAGNOLIA PARK SUB., and Block 12, COURT SQUARE SUB., totaling 7,642 square feet, as
conveyed by The Church of Scientology Religious Trnst in consideration of receipt of $1.00 and the
benefits to be derived therefrom. (consent)
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4.2 Award a contract for "Demolition of Commercial Strncture - Jack Russell Stadium, 801 Phillies Drive
(07-0002-PR)" to JVS Contracting, Inc. of Tampa, Florida for the sum of $104,280.00 which is the lowest
responsible bid received in accordance with the plans and specifications and authorize the appropriate
officials to execute same. (consent)
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4.3 A ward a contract for the constrnction of the "Clearwater Beach West Bridge Spur Connector" (99-0081-
EN) project to American Bridge Corporation of Orlando, Florida, for the sum of $2,481,673.25 which is
the lowest responsible bid received in accordance with the constrnction plans and specifications, award a
Constrnction Engineering & Inspection (CEI) contract to Ayres Associates (EOR) for $390,537.00 and
authorize the appropriate officials to execute same.(consent)
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4.4 Determine that it is necessary in the public interest to acquire a 180 day Temporary Constrnction
Easement (TCE) to encumber an 8,443.03 square foot portion of Lot 1, CLEARWATER "19"
COMMERCE PARK, and adopt Resolution 07-16 authorizing the City Attorney to file an eminent
domain action pursuant to Chapter 73, Florida Statutes, against Frank C. Kunnen, Jr. to condemn and
acquire said TCE, and authorize appropriate officiials to execute same.
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5. Official Records and Legislative Services
5.1 Appoint one member to the Marine Advisory Board with the term expiring on June 30, 2011.
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6. Legal
6.1 Approve Modification to Settlement Stipulation between City of Clearwater and Clear Channel Outdoor,
Inc. as successor to Eller Media Company and Patrick Media Group, Inc., and authorize appropriate
officials to execute same. (consent)
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6.2 Schedule an attorney client session in the case of Crouch v. City, Case No. 93-2860-CI-21. (consent)
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6.3 Adopt Ordinance 7784-07 on second reading, annexing certain real property whose post office address is
2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
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6.4 Adopt Ordinance 7785-07 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive, upon annexation into
the City of Clearwater, as Commercial General (CG) and Residential Low (RL).
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6.5 Adopt Ordinance 7786-07 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman
Drive, upon annexation into the City of Clearwater, as Commercial (C) and Low Medium Density
Residential (LMDR).
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6.6 Adopt Ordinance 7817-07 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property whose post
office address is 2667 SR 590, from Residential Urban to Residential Office Limited.
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6.7 Adopt Ordinance 7818-07 on second reading, amending the Zoning Atlas of the city by rezoning certain
real property whose post office address is 2667 SR 590, from Medium Density Residential (MDR) to
Office (0).
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6.8 Adopt Ordinance 7821-07 on second reading, annexing certain real property whose post office address is
1995 North Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
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6.9 Adopt Ordinance 7822-07 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1995 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban.
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6.10 Adopt Ordinance 7823-07 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1995 North Betty Lane, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
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7. City Manager Verbal Reports
7.1 City Manager Verbal Reports
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8. Other Council Action
8.1 Other Council Action
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9. Adjourn
10. Presentationes) for Council Meeting
10.1 Proclamation: National Homeownership Month
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Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the refunding of the outstanding Gas Revenue Bonds, Series 1998 and the cash defease of the outstanding Gas Revenue
Bonds, Series 1997B and adopt Resolution 07-15.
SUMMARY:
The Gas Revenue Bonds, Series 1998 (interest rates from 4.25% to 5.0%) and the Gas Revenue Bonds, Series 1997B (interest rates
from 4.5% to 5.0%) are eligible for refunding and defeasance on September 1, 2007.
In order to defease the 1997B Bonds, a transfer of funds from the c.I.P. fund in the amount of $3,100,000 to the Gas operating fund 423
is required. Funds will come from project 315-96378 in the amount of $2,240,000, Pasco new mains and service lines and project 315-
96379 in the amount of $860,000, Gas meter change out Pasco. These two projects, which were geared for the increasing housing
market, will not be impacted by the transfer of these funds because of the slowdown in the construction industry.
A quarterly budget amendment will transfer these funds to the debt service funds for the payoff of the 1997B Bonds.
The gas system will use the savings from the 1997 A defeasance to shorten the duration the 1998 bonds are outstanding by four years,
with the bonds being fully paid off on September 2019 instead of September 2023.
This refunding / defeasance is expected to have a net present value savings of approximately $355,000 to the City.
The bonds will be sold competitively and the bonds will not be refunded if adequate savings are not going to be realized.
Type:
Current Year Budget?:
Debt-Bond
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
2006 to 2007
Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 1
Attachment number 1
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RESOLUTION NO. 07-15
A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED $8,500,000
CITY OF CLEARWATER, FLORIDA, GAS SYSTEM REVENUE REFUNDING
BONDS, SERIES 2007; SETTING FORTH THE FORM OF THE NOTICE OF BOND
SALE AND SUMMARY NOTICE OF BOND SALE RELATING TO THE SALE OF
SUCH BONDS; DIRECTING PUBLICATION OF THE SUMMARY NOTICE OF
SALE RELATING TO SUCH BONDS; PROVIDING FOR THE OPENING OF BIDS
RELATING TO THE SALE OF THE BONDS; SETTING FORTH THE OFFICIAL
NOTICE OF SALE AND BID FORMS; PROVIDING FOR THE ISSUANCE OF THE
SERIES 2007 BONDS IN BOOK-ENTRY-ONL Y FORM; AUTHORIZING THE
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN
OFFICIAL STATEMENT IN CONNECTION WITH THE DELIVERY OF THE
BONDS; PROVIDING FOR COMPLIANCE WITH A CONTINUING DISCLOSURE
CERTIFICATE; APPOINTING A PAYING AGENT AND REGISTRAR;
APPOINTING AN ESCROW AGENT; AUTHORIZING THE PURCHASE OF
MUNICIPAL BOND INSURANCE; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 15, 1991, the City Council of the City of Clearwater, Florida (the
"City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original Ordinance") to provide for the
issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and
WHEREAS, on April 21, 2005, the City enacted Ordinance No. 7423-05 (the "2005
Ordinance", and together with the Original Ordinance, collectively, the "Bond Ordinance") which
authorized the issuance of the City of Clearwater, Florida, Gas System Revenue [Refunding] Bonds,
Series [to be determined], as Additional Parity Obligations under the Original Ordinance; and
WHEREAS, the City by this Resolution intends to provide for the issuance of not to exceed
$8,500,000 City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2007 (the
"Series 2007 Bonds") as Additional Parity Bonds to refund all or a portion of the City's outstanding
Gas System Revenue Bonds, Series 1998 (the "Refunded Bonds"); and
WHEREAS, the City also intends to provide for the defeasance of the City's outstanding Gas
System Revenue Bonds, Series 1997B (the "1997B Bonds") with other available funds of the City
under the same Escrow Deposit Agreement as will be utilized for the defeasance of the Refunded
Bonds; and
WHEREAS, it is in the best interest of the City to provide for the public sale of the Series
2007 Bonds; and
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WHEREAS, the Issuer now desires to approve the issuance of its Series 2007 Bonds, to sell
its Series 2007 Bonds pursuant to a public sale, to authorize the distribution of a Preliminary Official
Statement and an Official Statement in connection with the issuance of the Series 2007 Bonds and to
take certain other actions in connection with the issuance and sale of the Series 2007 Bonds; and
WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the
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 THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. AUTHORIZATION OF BONDS AND SERIES DESIGNATION. The not
to exceed $8,500,000 of the Gas System Revenue Refunding Bonds, Series 2007 authorized by the
Bond Ordinance being offered pursuant to this resolution are hereby designated as Series 2007
Bonds (the "Series 2007 Bonds"). The issuance of not to exceed $8,500,000 of the Series 2007 Bonds,
by the City is hereby approved upon the terms and conditions set forth in the Bond Ordinance and
this Resolution.
SECTION 2. PUBLIC SALE. There is hereby authorized to be sold pursuant to a public
sale not to exceed $8,500,000 City of Clearwater, Florida, Gas System Revenue Refunding Bonds,
Series 2007.
SECTION 3. SALE OF SERIES 2007 BONDS; REDEMPTION AND MATURITY
PROVISIONS. The Finance Director is hereby directed to arrange for the sale of the Series 2007
Bonds utilizing the electronic bid process of PARITY through the publication of the Summary
Notice of Sale of the Bonds in The Bond Buyer, on such date as shall be deemed by the Finance
Director to be in the best interest of the Issuer and such publications to be not less than ten (10)
calendar days prior to the date of sale as required by Section 218.385(1), Florida Statutes; and to
publish such Notice in such other newspapers on such dates as may be deemed appropriate by the
Finance Director.
The Series 2007 Bonds shall be subject to optional redemption and shall bear maturities and
sinking fund amortizations as shall be subsequently determined by the Finance Director, upon
advice of the City's financial advisor and based on market conditions existing at the time, prior to
the publication of the Summary Notice of Bond Sale hereinafter approved.
Proposals for purchase of the Series 2007 Bonds will be received electronically via PARITY
as provided in the Official Notice of Sale, from the time that the Notice of Bond Sale is published
until 11:00 a.m., Clearwater, Florida time, on such date and time as may be established by the
Finance Director of the City or her designee, and if such date is subject to change, communicated
through Thompson Municipal Market Monitor (TM3) not less than twenty-four (24) hours prior to
the time bids are to be received for the purchase of the City of Clearwater, Florida, Gas System
Revenue Refunding Bonds, Series 2007; provided that if the internet is not working on the
designated bid date, the bid date shall be automatically changed to the next business day, and the
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City will communicate a confirmation of this change in bid date through Thompson Municipal
Market Monitor (TM3), all as provided in the Notice of Sale (the "Bid Date").
SECTION 4. DISPOSITION OF PROCEEDS OF SERIES 2007 BONDS. The proceeds
from the sale of the Series 2007 Bonds shall be deposited as follows:
(a) An amount equal to the accrued interest on the Series 2007 Bonds shall be deposited
into the Interest Account in the Bond Service Fund;
(b) An amount determined by the Finance Director to be necessary to pay the costs of
issuing the Series 2007 Bonds, including the premium due to the Bond Insurer shall be used to pay
such costs;
(c) An amount determined by the Finance Director to be necessary to increase the
amount in the Reserve Fund so that the amount on deposit therein equals the Reserve Requirement
shall be deposited in the Reserve Fund; and
(d) The remaining proceeds of the Series 2007 Bonds shall be deposited into the Escrow
Account with the Escrow Holder (hereinafter identified).
SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of
Sale of the Bonds to be submitted for purchase of the Series 2007 Bonds shall be in substantially the
forms annexed hereto, as Exhibits A and B, respectively, together with such changes as shall be
deemed necessary or desirable by the Finance Director depending on the bidding method selected
in accordance with Section 3 hereof, incorporated herein by reference. The form of the Official Bid
Form shall be provided by the internet auction website selected by the Finance Director, and shall
be reasonably satisfactory to the Finance Director.
SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the
residents and inhabitants thereof that the Series 2007 Bonds be issued utilizing a pure book-entry
system of registration. In furtherance thereof, the City has previously executed and delivered a
Blanket Letter of Representations with the Depository Trust Company. For so long as the Series
2007 Bonds remain in such book entry only system of registration, in the event of a conflict between
the provisions of the Bond Ordinance and of the Blanket Letter of Representations, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 7. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The City Manager and Finance Director are authorized and directed to cause a Preliminary Official
Statement to be prepared in substantially the form attached hereto as Exhibit C, with such changes,
insertions and omissions as shall be approved by the City Manager and Finance Director, containing
a copy of the attached Notice of Bond Sale and to furnish a copy of such Preliminary Official
Statement to interested bidders. The City Manager and Finance Director are authorized to deem
final the Preliminary Official Statement prepared pursuant to this Section for purposes of Rule 15c2-
12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series 2007
Bonds to the successful bidder, the City shall also make available a reasonable number of copies of
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the Preliminary Official Statement to such bidder, who may mail such Preliminary Official
Statements to prospective purchasers at the bidder's expense. Following the award of the Series
2007 Bonds, the City Manager and the Finance Director shall cause to be prepared a final Official
Statement dated as of the Bid Date, reflecting such changes in the Preliminary Official Statement as
may be necessary to reflect the purchaser's bid. The Mayor and City Manager are hereby
authorized to execute and delivery such final Official Statement, with such changes, insertions and
omissions as may be approved by such officers.
SECTION 8. CONTINUING DISCLOSURE. The City hereby covenants and agrees that,
in order to provide for compliance by the City with the secondary market disclosure requirements
of the Rule, that it will comply with and carry out all of the provisions of that certain Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit D, to be executed by the
City and dated the date of issuance and delivery of the Series 2007 Bonds, as it may be amended
from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate").
Notwithstanding any other provision of this Resolution, failure of the City to comply with such
Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder may take such actions as may be necessary and appropriate, including seeking mandate
or specific performance by court order, to cause the City to comply with its obligations under this
Section.
SECTION 9. REGISTRAR AND PAYING AGENT. U.S. Bank National Association,
through its designated office in Orlando, Florida, is hereby appointed as Registrar and Paying
Agent for the Series 2007 Bonds.
SECTION 10. ESCROW AGENT. U.S. Bank National Association, through its designated
office in Orlando, Florida, is hereby appointed as Escrow Agent for the Series 2007 Bonds under the
Escrow Deposit Agreement, a form of which is attached as Exhibit A to the 2005 Ordinance.
SECTION 11. FINANCIAL GUARANTY INSURANCE POLICIES. Pursuant to the Bond
Ordinance, Ambac Assurance Corporation ("AMBAC") has been selected to provide its Financial
Guaranty Insurance Policy (the "Policy") as the Bond Insurance Policy (as defined in the Bond
Ordinance) as additional security for payment of principal and interest on the Series 2007 Bonds.
Selection of Ambac as the Bond Insurer (as defined in the Bond Ordinance) is hereby ratified and
confirmed and payment for such Bond Insurance Policy from proceeds of the Series 2007 Bonds is
hereby authorized. The Issuer hereby accepts the terms, conditions and agreements relating to the
Bond Insurance Policy in accordance with the Financial Guaranty Insurance Commitment attached
hereto as Exhibit E and incorporated herein. A statement of insurance is hereby authorized to be
printed on or attached to the Series 2007 Bonds for the benefit and information of the holders of the
Series 2007 Bonds.
For so long as the Bond Insurance Policy is applicable to the Series 2007 Bonds, the
additional provisions set forth on Exhibit F attached hereto shall be applicable to the Series 2007
Bonds. In addition to the covenants and agreements of the Issuer previously contained in the Bond
Resolution regarding the rights of the Bond Insurer which are incorporated herein, the Issuer
hereby covenants and agrees for the benefit of the Bond Insurer and the holders of the Series 2007
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Bonds while the Bond Insurance Policy insuring the Series 2007 Bonds is in full force and effect, to
provide the Bond Insurer with copies of any notices to be given to any party pursuant to the Bond
Resolution or this Resolution, and to provide prior notice to the Bond Insurer of any amendments to
the Bond Resolution or this Resolution.
(a) Any notice that is required to be given to a holder of the Bonds or to the Paying
Agent pursuant to the Bond Ordinance shall also be provided to the Bond Insurer. All notices
required to be given to the Bond Insurer under the Resolution shall be in writing and shall be sent
by registered or certified mail addressed to Ambac Assurance Corporation, One State Street
Plaza,New York, New York 10004, Attention: Surveillance Department.
(b) The Insurer shall receive notice of any amendments to the Bond Ordinance or this
Resolution prior to the adoption of such amendments by the City.
(c) The City shall provide copies of all amendments to the Bond Ordinance or this
Resolution which required the consent of the Bond Insurer to Standard & Poors.
SECTION 11. A WARD OF BIDS. The Finance Director is hereby authorized to accept the
bids for the Series 2007 Bonds. The City Manager and the Finance Director are hereby authorized to
award the sale of the Series 2007 Bonds on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for herein so long as the true interest
cost rate shall not exceed 5.00% on the Series 2007 Bonds. The City Manager and the Finance
Director are hereby authorized to award the sale of the Series 2007 Bonds as set forth above or to
reject all bids for the Series 2007 Bonds. Such award shall be final.
SECTION 12. PRIOR RESOLUTIONS. To the extent the provisions of this Resolution are
inconsistent with the provisions of prior resolutions regarding the Series 2007 Bonds, provisions of
this Resolution shall control and supercede the inconsistent provisions of such Resolutions.
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SECTION 13. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _ day of
,2007.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
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EXHIBIT A
FORM OF
OFFICIAL NOTICE OF BOND SALE
$7,670,000*
CITY OF CLEARWATER, FLORIDA
GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2007
NOTICE IS HEREBY GIVEN that electronic (as explained below) proposals will be received
electronically via PARITY in the manner described below, until 11 :00 a.m., Clearwater, Florida time,
on June 20, 2007.
Bids must be submitted electronically via PARITY in accordance with this Notice of Bond
Sale, until 11:00 a.m., Clearwater, Florida time, but no bid will be received after the time for
receiving bids specified above. To the extent any instructions or directions set forth in PARITY
conflict with this Notice of Bond Sale, the terms of this Notice of Bond Sale shall control. For further
information about PARITY, potential bidders may contact the financial advisor to the City, RBC
Dain Rauscher Inc., 100 Second Avenue South, Suite 800, St. Petersburg, Florida 33701, Attn: Kevin
Conitz: (727) 895-8853, or PARITY at 40 West 23rd Street, 5th Floor, New York, New York 10010,
telephone (212) 849-5021. In the event of a malfunction in the electronic bidding process, the bid
date will automatically change to the next business day as confirmed in a communication through
Thompson Municipal Market Monitor (TM3).
Form of Series 2007 Bonds
The Series 2007 Bonds will be issued in book entry only form, without coupons, in
denominations of $5,000 or any integral multiples thereof, and shall be the date of delivery.
Principal of the Series 2007 Bonds shall be paid to the registered owners at the designated corporate
trust office of U.S. Bank National Association, Orlando, Florida (the "Paying Agent" and
"Registrar"), upon presentment and surrender of the Series 2007 Bonds. Interest on the Series 2007
Bonds shall be paid to the registered owners as shown on the registration books maintained by the
Registrar, by check or draft mailed to each such owner's address as shown on the registration books
maintained by the Registrar as of the fifteenth (15th) day of the calendar month preceding such
interest payment date. Interest will be payable each March 1 and September I, commencing
September I, 2007. Interest will be calculated on the basis of a 360-day year of twelve 30-day
months. For so long as The Depository Trust Company, New York, New York, or its nominee, Cede
& Co. (collectively, "DTC") is the registered owner of the Series 2007 Bonds, payments of principal
of, redemption premium, if any, and interest on the Series 2007 Bonds will be made directly to DTC.
Disbursements of such payments to the DTC participants is the responsibility of DTC and further
*Preliminary, subject to change
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disbursement of such payments from the DTC participants to the beneficial owners of the Series
2007 Bonds is the responsibility of the DTC participants.
Initially one bond will be issued for each maturity of the Series 2007 Bonds in the aggregate
principal amount of each such maturity and registered in the name of DTC. DTC, an automated
clearing house for securities transactions, will act as securities depository for the Series 2007 Bonds.
Purchases of the Series 2007 Bonds will be made in book-entry-only form (without certification). It
shall be the responsibility of the Successful Bidder (as hereinafter defined) for the Series 2007 Bonds
to furnish to DTC an underwriters' questionnaire and to the City the CUSIP numbers of the Series
2007 Bonds not less than seven (7) days prior to the Closing Date (as hereinafter defined).
Maturity Schedule
The Series 2007 Bonds will mature on September 1 of the following years in the following
principal amounts:
Maturity
09/01/2007
09/01/2008
09/01/2009
09/01/2010
09/01/2011
Principal
Amount
$ 590,000
590,000
590,000
590,000
590,000
Maturity
09/01/2012
09/01/2013
09/01/2014
09/01/2015
Series 2007 Bonds
Principal
Amount
$ 590,000
590,000
590,000
590,000
Maturity
09/01/2016
09/01/2017
09/01/2018
09/01/2019
Principal
Amount
$ 590,000
590,000
590,000
590,000
Mandatory Redemption Provisions
If the Successful Bidder designates any Series 2007 Bonds as term bonds as described under
"Designation of Term Bonds," the following mandatory redemption provisions shall apply with
respect to such designated term bonds:
The Series 2007 Bonds maturing on I, 20_ will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption date, on
I, 20-----.J and each 1 thereafter, from amounts deposited in the Redemption
Account in the Bond Service Fund established by the Ordinance, in the following years and
amounts as follows:
Year
Amount
Optional Redemption Provisions
The Series 2007 Bonds are not callable prior to their maturity dates.
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Adjustment of Principal Amount
After final computation of the bids, to achieve desired debt service levels, the City reserves
the right either to increase or decrease any Principal Amount of the Series 2007 Bonds (or any
Amortization Installment in the case of a Term Bond) shown on the schedule of Principal Amounts
set forth above (the "Maturity Schedule"), by an amount not to exceed ten percent (10%) of the
stated amount of each such Principal Amount on the Maturity Schedule and correspondingly adjust
the issue size, all calculations to be rounded to the nearest $5,000.
In the event of any such adjustment in the Series 2007 Bonds, no rebidding or recalculation
of the bid submitted with respect to such Series 2007 Bonds will be required or permitted. If
necessary, the total purchase price of the Series 2007 Bonds will be increased or decreased in direct
proportion to the ratio that the adjustment bears to the aggregate principal amount of the Series
2007 Bonds specified herein; and the Series 2007 Bonds of each maturity, as adjusted, will bear
interest at the same rate and must have the same initial reoffering yields as specified in the bid of
the Successful Bidder. However, the award will be made to the bidder whose bid produces the
lowest true interest cost, calculated as specified below, solely on the basis of the bid for the Series
2007 Bonds offered pursuant to the Bid Maturity Schedule of the relevant series of Series 2007
Bonds, without taking into account any adjustment in the amount of Series 2007 Bonds set forth in
the Bid Maturity Schedule.
Designation of Term Bonds
Bidders may specify that the annual Principal Amounts of the Series 2007 Bonds coming due
in any two or more consecutive years may be combined to form one or more maturities of Series
2007 Term Bonds scheduled to mature in the last of such years with the preceding annual Principal
Amounts for such years constituting mandatory Amortization Installments of Series 2007 Bonds to
be selected by lot and redeemed at a price of par plus accrued interest in accordance with the
Resolution.
Basis of Award
Proposals must be unconditional and only for all the Series 2007 Bonds. The purchase price
bid for the Series 2007 Bonds must be no less than 97% nor more than 103% of the principal amount
of the Series 2007 Bonds. The Series 2007 Bonds will be insured by Ambac Assurance Corporation
and the City will pay the bond insurance premium from Bond proceeds. The purchase price bid for
the Series 2007 Bonds will not deduct the insurance premium. Only the final bid submitted by any
bidder through Parity will be considered. The City reserves the right to determine the Successful
Bidder for the Series 2007 Bonds, to reject any or all bids and to waive any irregularity or
informality in any bid.
The Series 2007 Bonds will be awarded to the bidder (herein referred to as the "Successful
Bidder" as to the Series 2007 Bonds) offering such interest rate or rates and purchase price which
will produce the lowest true interest cost to the City over the life of the Series 2007 Bonds. True
interest cost for the Series 2007 Bonds (expressed as an annual interest rate) will be that annual
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interest rate being twice that factor of discount rate, compounded semiannually, which when
applied against each semiannual debt service payment (interest, or principal and interest, as due)
for the Series 2007 Bonds will equate the sum of such discounted semiannual payments to the bid
price (inclusive of accrued interest). Such semiannual debt service payments begin on September I,
2007. The true interest cost shall be calculated from the expected closing date of the Series 2007
Bonds (the "Closing Date") and shall be based upon the principal amounts of each serial maturity
set forth in this Notice of Bond Sale and the bid price set forth in the Proposal for the Series 2007
Bonds submitted in accordance with the Notice of Bond Sale. In case of a tie, the City may select the
Successful Bidder by lot. It is requested that each Proposal for the Series 2007 Bonds be
accompanied by a computation of such true interest cost to the City under the term of the Proposal
for Bonds, but such computation is not to be considered as part of the Proposal for Bonds.
Interest Rates Permitted
The Series 2007 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-
twentieth (1/20) of one percent. No coupon interest rate specified for any maturity of the Series 2007
Bonds maybe less than one percent (1.0%) or more than six percent (6.0%). Should an interest rate
be specified which results in annual interest payments not being equally divisible between the
semiannual payments in cents the first semiannual payment will be reduced to the next lower cent
and the second semiannual payment will be raised to the next higher cent.
It shall not be necessary that all Series 2007 Bonds bear the same rate of interest, provided
that all Series 2007 Bonds maturing on the same date shall bear the same rate of interest. A rate of
interest based upon the use of split or supplemental interest payments or a zero rate of interest will
not be considered.
Paying Agent and Registrar
The Paying Agent and Registrar for the Series 2007 Bonds is U.S. Bank National Association,
through its designated office in Orlando, Florida.
Security
Principal of and interest on the Series 2007 Bonds to be issued pursuant to Ordinance No.
5118-91, as supplemented by Ordinance No. 7423-05, as supplemented, and all required sinking
fund, reserve and other payments shall be payable solely from the Net Revenues of Gas System of
the City, together with the earnings thereon derived from the investment thereof in the Funds and
Accounts established in the Ordinance and as more fully described in the Preliminary Official
Statement.
The Series 2007 Bonds do not constitute a general indebtedness of the City within the
meaning of any constitutional, statutory or charter provision or limitation, and no Bondholder shall
ever have the right to require or compel the exercise of the ad valorem taxing power of the City or
taxation of any real or personal property therein for the payment of the principal of and interest on
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the Series 2007 Bonds or the making of any debt service fund, reserve or other payments provided
for in the Resolution.
Purpose
Pursuant to the Ordinance, the Series 2007 Bonds are being issued: (i) to refund the City's
Gas System Revenue Bonds, Series 1998 maturing in the years 2007 through 2023, and (ii) to pay the
costs of issuing the Series 2007 Bonds and to purchase a municipal bond insurance policy.
Issuance of Series 2007 Bonds
The Series 2007 Bonds will be issued and sold by the City of Clearwater, Florida, a municipal
corporation organized and existing under the laws of the State of Florida. The Series 2007 Bonds
are being issued pursuant to Ordinance No. 5118-91, enacted August 15, 1991, as amended and
supplemented pursuant to Ordinance No. 7423-05, enacted April 21, 2005 as supplemented by
resolutions (collectively, the "Bond Ordinance") by the City of Clearwater, Florida (the "City") and
pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions
of law.
Municipal Bond Insurance Policy
Ambac Assurance Corporation ("AMBAC") has issued a commitment for a financial
guaranty insurance policy relating to the Bonds. All bids may be conditioned upon the issuance,
effective as of the date on which the Bonds are issued, of a policy of insurance by AMBAC, insuring
the payment when due of principal of and interest on the Bonds. Each Bond will bear a legend
referring to the insurance. The purchaser, holder or owner is not authorized to make any statements
concerning the insurance beyond those set out here and in the Bond Legend without the approval of
AMBAC.
Proposals
Proposals for the Series 2007 Bonds are desired on forms which will be furnished by
PARITY, on behalf of the City, and be submitted electronically via PARITY.
All bidders must submit a "Good Faith Deposit" in the amount of $50,000 (the "Deposit") in
the form of a financial surety bond of Financial Security Assurance, Inc. (the "Financial Surety
Bond"). Such Financial Surety Bond must be submitted to the City prior to the sale. The Financial
Surety Bond must identify the Bidder whose Deposit is guaranteed by such Financial Surety Bond.
The successful bidder is required to submit its good faith deposit by wire transfer not later than
11:00 a.m. eastern time, on the next business day following the award, as instructed by the City's
Financial Advisor. If such deposit is not received by that time, the City shall make a claim under the
Financial Surety Bond to satisfy the good faith deposit requirement. The wire transfer of the
successful bidder or proceeds of a claim under the Financial Surety Bond, as applicable, will be
deposited by the City in an interest-bearing account and be retained and applied towards the
purchase price of the Series 2007 Bonds pending full performance by the successful bidder, or will
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be forfeited to the City and applied as full liquidated damages upon failure of the successful bidder
to take up and pay for the Series 2007 Bonds. Any interest earned on the good faith deposit will be
retained by and inure to the benefit of the City. If the Series 2007 Bonds are not delivered to the
successful bidder within 30 calendar days from the date of sale, without fault upon the part of the
successful bidder, such successful bidder shall not thereafter be obligated to take delivery of and
pay for the Series 2007 Bonds and the good faith deposit amount will be promptly paid to the
successful bidder or Financial Security Assurance, Inc., as applicable.
Delivery and Payment
It is anticipated that the Series 2007 Bonds in book entry only form will be available for
delivery on June 29,2007, in New York, New York, at The Depository Trust Company, or some
other date and place to be mutually agreed upon by the Successful Bidder and the City against the
payment of the purchase price therefor including accrued interest calculated on a 360-day year
basis, less the amount of the good faith deposit, in immediately available Federal Reserve funds
without cost to the City.
Closing Documents
The City will furnish to the Successful Bidder upon delivery of the Series 2007 Bonds the
following closing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation
certificate; (2) federal tax certificate; (3) certificate regarding information in the Official Statement;
and (4) seller's receipt as to payment. A copy of the transcript of the proceedings authorizing the
Series 2007 Bonds will be delivered to the Successful Bidder of the Series 2007 Bonds upon request.
Copies of the form of such closing papers and certificates may be obtained from the City.
Information Statement
Section 218.38(1)(b)l, Florida Statutes requires that the City file, within 120 days after
delivery of the Series 2007 Bonds, an information statement with the Division of Bond Finance of the
State of Florida (the "Division") containing the following information: (a) the name and address of
the managing underwriter, if any, connected with the Series 2007 Bonds; (b) the name and address
of any attorney or financial consultant who advised the City with respect to the Series 2007 Bonds;
and (c) any fee, bonus, or gratuity paid, in connection with the bond issue, by an underwriter or
financial consultant to any person not regularly employed or engaged by such underwriter or
consultant and (d) any other fee paid by the City with respect to the Series 2007 Bonds, including
any fee paid to attorneys or financial consultants. The Successful Bidder will be required to deliver
to the City at or prior to the time of delivery of the Series 2007 Bonds, a statement signed by an
authorized officer containing the same information mentioned in (a) and (c) above. The Successful
Bidder shall also be required, at or prior to the delivery of the Series 2007 Bonds, to furnish the City
with such information concerning the initial prices at which a substantial amount of the Series 2007
Bonds of each maturity were sold to the public as the City shall reasonably request.
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Pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended, a truth-in-
bonding statement will be required from each bidder as to the Series 2007 Bonds as part of their bid
in the following form:
"The City of Clearwater, Florida, is proposing to issue $ original
aggregate principal amount of Gas System Revenue Refunding Bonds, Series 2007,
for the purpose of paying (i) the costs of refunding the City's Gas System Revenue
Bonds, Series 1998, (ii) the costs of issuing the Series 2007 Bonds, and (iii) the
premium on the Bond Insurance Policy, all as further described in Ordinance No.
7423-05. The final maturity date of the Series 2007 Bonds is September I, 2019, and
the Series 2007 Bonds are expected to be repaid over a period of approximately
twelve (12) years. At a forecasted average interest rate of _ % per annum, total
interest paid over the life of the Series 2007 Bonds will be $ . The source
of repayment or security for this proposal is the Net Revenues (as defined in the
Ordinance) and moneys and investments held in the funds created under the said
Ordinance. Authorizing the Series 2007 Bonds will result in $ not
being available to finance the other capital projects of the City. This truth-in-
bonding statement prepared pursuant to Section 218.385(2) and (3) of the Florida
Statutes, as amended, is for informational purposes only and shall not affect or
control the actual terms and conditions of the Series 2007 Bonds."
Legal Opinion
The Successful Bidder will be furnished, without cost, with the approving opinion of Bryant
Miller Olive P.A., Tallahassee, Florida, to the effect that based on existing law, and assuming
compliance by the City with certain covenants and requirements of the Internal Revenue Code of
1986, as amended (the "Code"), regarding use, expenditures, investment of proceeds and the timely
payment of certain invesbnent earnings to the United States Treasury, the interest on the Series 2007
Bonds is not includable in the gross income of individuals, however, interest on the Series 2007
Bonds will be included in the calculation of the alternative minimum tax liabilities of corporations.
The Code contains other provisions that could result in tax consequences, upon which Bond
Counsel renders no opinion, as a result of ownership of the Series 2007 Bonds or the inclusion in
certain computations (including, without limitation, those related to the corporate alternative
minimum tax and environmental tax) of interest that is excluded from gross income.
Official Statement
The Preliminary Official Statement, copies of which may be obtained as described below, is
in a form "deemed final" by the City for purposes of SEC Rule 15c2-12(b)(I) (except for certain
permitted omissions as described in such rule) but is subject to revision, amendment and
completion in a final Official Statement. Upon the sale of the Series 2007 Bonds, the City will
publish a final Official Statement in substantially the same form as the Preliminary Official
Statement. Copies of the final Official Statement will be provided, at the City's expense, on a timely
basis in such quantities as may be necessary for the Successful Bidder's regulatory compliance.
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Continuing Disclosure
The City has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of
the Securities and Exchange Commission. See "Appendix D -- Form of Continuing Disclosure
Certificate" attached to the Preliminary Official Statement.
CUSIP Number
It is anticipated that CUSIP identification numbers will be printed on the Series 2007 Bonds,
but neither the failure to print such number on any Series 2007 Bonds nor any error with respect
thereto shall constitute cause for failure or refusal by the Successful Bidder to accept delivery of and
pay for the Series 2007 Bonds in accordance with its agreement to purchase the Series 2007 Bonds.
All expenses in relation to the printing of CUSIP numbers on the Series 2007 Bonds shall be paid for
by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said
number shall be the responsibility of and shall be paid for by the Successful Bidder.
Copies of Documents
Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the
Official Bid Form and further information which may be desired, may be obtained from the City's
Financial Advisor, RBC Dain Rauscher Inc., 100 Second Avenue South, Suite 800, St. Petersburg,
Florida 33701, Attn: Kevin Conitz: (727) 895-8853.
The Preliminary Official Statement will be available electronically from i-Deal LLC at
www.i-dealprospectus.com. which may be contacted at (212) 849-5021 for assistance in resolving
downloading problems; however, the printed version of the Preliminary Official Statement is the
only official version.
Amendment and Notices
Amendments hereto and notices, if any, pertaining to this offering shall be made through
Thompson Municipal Market Monitor (TM3) or similar information distribution service.
CITY OF CLEARWATER, FLORIDA
/s/ Frank Hibbard
Mayor
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EXHIBIT B
FORM OF
SUMMARY NOTICE OF SALE
$7,670,000*
CITY OF CLEARWATER, FLORIDA
Gas System Revenue Refunding Bonds
Series 2007
NOTICE IS HEREBY GIVEN, that bids will be received by the City Manager and the Finance
Director of the City of Clearwater, Florida, electronically through PARITY, subject to the provisions
of the Official Notice of Bond Sale.
Sale Date:
June 20, 2007
Time:
11:00 a.m., Clearwater, Florida Time
Bonds Dated: Date of delivery
Maturities:
Payable September 1 in the years and amounts as follows:
Maturity
09/01/2007
09/01/2008
09/01/2009
09/01/2010
09/01/2011
Principal
Amount
$ 590,000
590,000
590,000
590,000
590,000
Maturity
09/01/2012
09/01/2013
09/01/2014
09/01/2015
Series 2007 Bonds*
Principal
Amount
$ 590,000
590,000
590,000
590,000
Maturity
09/01/2016
09/01/2017
09/01/2018
09/01/2019
Principal
Amount
$ 590,000
590,000
590,000
590,000
Interest Payment Dates: Payable March 1 and September I, commencing September I, 2007.
Legal Opinion:
Bryant Miller Olive P.A., Tallahassee, Florida
For copies of the Official Notice of Bond Sale and the Preliminary Official Statement of the
City of Clearwater, Florida, please contact the City's Financial Advisor, RBC Dain Rauscher Inc., 100
Second Avenue South, Suite 800, St. Petersburg, Florida 33701, Attn: Kevin M. Conitz, telephone
(727) 895-8853. The Proposed Form is to be provided by PARITY.
The Preliminary Official Statement will be available electronically from i-Deal LLC at
www.i-dealprospectus.com. which may be contacted at (212) 849-5021 for assistance in resolving
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downloading problems; however, the printed version of the Preliminary Official Statement is the
only official version.
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EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
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EXHIBIT D
CONTINUING DISCLOSURE CERTIFICATE
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EXHIBIT E
COMMITMENTS FOR FINANCIAL GUARANTY INSURANCE POLICY
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EXHIBIT F
ADDITIONAL INSURER PROVISIONS
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Preliminary Official Statement Dated June 12, 2007
NEW ISSUE
Ratings: Moody's: "Aaa" (Insured)
"A2" (Underlying)
Fitch: "AAA"(lnsured)
AMBAC Insured
(See "Ratings" herein)
BOOK-ENTRY ONLY
In the opinion of Bond Counsel under existing laws, regulations and judicial decisions interest on the Series 2007 Bonds is excluded from gross income
for purposes of federal income taxation and the Series 2007 Bonds are exempt from all present intangible personal property taxes imposed pursuant to Chapter
199, Florida Statutes. See, however "TAX EXEMPTION" herein for a description of certain federal minimum and other special taxes that may affect the tax
treatment of interest on the Series 2007 Bonds.
CITY OF CLEARWATER, FLORIDA
$7,670,000*
Gas System Revenue Refunding Bonds
Series 2007
Dated: Date of Delivery
Due: September 1, as shown below
The City of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 2007 (the "Series 2007 Bonds") are being issued in the form of fully
registered bonds and will be initially issued to and registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York
("DTC"), which will act as securities depository for the Series 2007 Bonds. The Series 2007 Bonds will be available to purchasers in principal denominations of
$5,000 and integral multiples thereof under the book-entry system maintained by DTC through brokers and dealers who are, or act through, DTC Participants.
Purchasers will not receive physical delivery of the Series 2007 Bonds. For so long as any purchaser is the beneficial owner of a Series 2007 Bond, he must
maintain an account with a broker or dealer who is, or acts through, a DTC Participant in order to receive payment of principal of and interest on such Series
2007 Bond. For so long as the book-entry system is in effect any reference to a Bondholder or Bondholders shall be deemed to be Cede & Co. and not the
beneficial owners of the Series 2007 Bonds. See "Book-Entry Only System" under "DESCRIPTION OF THE SERIES 2007 BONDS." Interest on the Series
2007 Bonds is payable semi-annually, commencing September 1, 2007, and each March 1 and September 1 thereafter. U.S. Bank National Association, Orlando,
Florida, will act as Paying Agent with respect to the Series 2007 Bonds.
The Series 2007 Bonds are not subject to redemption prior to their stated maturity at the option of the City; provided, however, that,
if the winning bidder elects for certain maturities of the Series 2007 Bonds to be Term Bonds, such Series 2007 Term Bonds will be subject to
mandatory redemption from amortization installments as provided in such winning bid.
The Series 2007 Bonds will be issued by the City of Clearwater, Florida (the "City") (i) to refund and redeem on September 1, 2007, all of the
Outstanding principal amount of the City's Gas System Revenue Bonds, Series 1998 (the "Series 1998 Bonds"), which are currently Outstanding in the aggregate
principal amount of $7,750,000 (the "Refunded Bonds"); (ii) to purchase a municipal bond insurance policy and a reserve fund surety policy in an amount
sufficient to satisfy the Reserve Requirement applicable to the Series 2007 Bonds, and (iii) to pay the costs of issuance of the Series 2007 Bonds. The City will
simultaneously refund and redeem all of the Outstanding principal amount of the City's Gas System Revenue Bonds, Series 1997B (the "Series 1997B Bonds"),
which are currently Outstanding in the aggregate principal amount of $3,500,000 from available funds of the City.
The Series 2007 Bonds are limited obligations of the City, payable solely from the Net Revenues derived from the operation of the System, as provided
in Ordinance No. 5118-91, enacted by the City Council of the City (the "City Council") on August 15, 1991, as amended and supplemented by Ordinance No.
7191-03, enacted on October 2,2003, and as further supplemented by Ordinance No. 7423-05, enacted on April 21, 2005 (collectively, the "Bond Ordinance") and
as further supplemented by Resolution 07-[ ], adopted on June 7, 2007 (the "Resolution"). The Series 2007 Bonds and the interest thereon shall not be and
shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any Constitutional, statutory,
charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City are pledged as security
for the payment of the principal of, redemption premium, if any, or interest on the Series 2007 Bonds and no holder or holders of any Series 2007 Bonds shall
ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the Series 2007
Bonds or the interest thereon.
The Series 2007 Bonds will be on a parity and rank equally, as to lien on and source and security for payment from the Net Revenues and in all other
respects, with the City's Gas System Revenue Refunding Bonds, Series 2004 and the City's Gas System Revenue Refunding Bonds, Series 2005 , as more
particularly described herein.
Payment of the principal of and interest on the Bonds when due will be insured by a financial guaranty insurance policy to be issued by AMBAC
Assurance Corporation simultaneously with the delivery of the Bonds. See the material under the heading "FINANCIAL GUARANTY INSURANCE" herein.
MATURITY SCHEDULE
(See enclosed Notice of Sale)
ELECTRONIC BIDS FOR THE SERIES 2007 BONDS WILL BE ACCEPTED IN ACCORDANCE WITH THE OFFICIAL NOTICE OF
SALE.
This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read the entire Official
Statement to obtain information essential to making an informed investment decision.
The Series 2007 Bonds will be offered when, as and if issued and delivered to the Underwriter, subject to approval of Bryant, Miller and Olive, PA.,
Tallahassee, Florida, Bond Counsel to the City, and certain other conditions. Certain legal matters will be passed on for the City by its City Attorney, Pamela K.
Akin, Esquire, and its disclosure counsel, Nabors, Giblin & Nickerson, PA., Tampa, Florida. It is expected that the Series 2007 Bonds in definitive book-entry
only form will be available for delivery through the facilities of the Depository Trust Company, on or about June 29,2007.
Dated: June , 2007
* Preliminary, subject to change
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CITY OF CLEARWATER, FLORIDA
ELECTED OFFICIALS
MAYOR
Frank Hibbard
CITY COUNCIL
John Doran (Vice-Mayor)
Carlen A. Petersen
Paul Gibson
George Cretekos
APPOINTED OFFICIALS
William B. Horne, II, City Manager
Pamela K. Akin, Esq., City Attorney
Margaret L. Simmons, CPA, Finance Director
BOND COUNSEL
Bryant Miller Olive
Tallahassee, Florida
FINANCIAL ADVISOR
RBC Capital Markets
St. Petersburg, Florida
REGISTRAR AND PAYING AGENT
U.S. Bank National Association
Orlando, Florida
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No dealer, broker, salesman or other person has been authorized to give any
information or to make any representations, other than those contained in this Official
Statement, in connection with the offering of the Series 2007 Bonds described herein,
and if given or made, such information or representations must not be relied upon as
having been authorized by the City or the Underwriter. This Official Statement does
not constitute an offer to sell the Series 2007 Bonds or a solicitation of an offer to buy
nor shall there be any sale of the Series 2007 Bonds by any person in any jurisdiction in
which it is unlawful for such person to make such offer, solicitation or sale. The
information set forth herein has been furnished by the City and by other sources which
are believed to be reliable, but it is not guaranteed as to accuracy or completeness, and
is not to be construed as a representation or contract, by the Underwriter. The
information and expressions of opinion herein are subject to change without notice and
neither the delivery of the Official Statement nor any sale made hereunder shall, under
any circumstances, create any implication that there has been no change in the affairs
of the City since the date hereof.
IN CONNECTION WITH THE OFFERING, THE UNDERWRITER MAY OVER-
ALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE
MARKET PRICE OF THE SERIES 2007 BONDS OFFERED HEREBY AT A LEVEL
ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET.
SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
The Series 2007 Bonds have not been registered with the Securities and
Exchange Commission under the Securities Act of 1933, as amended, nor has
the Bond Ordinance been qualified under the Trust Indenture Act of 1939, as
amended, in reliance upon exemptions contained in such acts. The
registration or qualification of the Series 2007 Bonds in accordance with
applicable provisions of the securities laws of the States, if any, in which the
Series 2007 Bonds have been registered or qualified and the exemption from
registration or qualification in certain other states cannot be regarded as a
recommendation thereof. Neither these States nor any of their agencies have
passed upon the merits of the Series 2007 Bonds or the accuracy or
completeness of this Official Statement. Any representation to the contrary
may be a criminal offense.
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TABLE OF CONTENTS
Page
INTRODUCTION........................................................................................................ 4
ESTIMATED SOURCES AND USES OF FUNDS.................................................. 6
DESCRIPTION OF THE SERIES 2005 BONDS.................................................... 7
GeneraL.............................................................................................................. 7
Book-Entry Only System................................................................................ 7
Redemption Provisions................................................................................ 11
Notice of Redemption ...................................................................................11
SOURCE OF PAYMENT AND SECURITY FOR THE SERIES 2005 BONDS 12
GeneraL............................................................................................................ 12
Debt Service Reserve Account ................................................................... 13
FLOW OF FUNDS..................................................................................................... 14
Establishment of Funds and Accounts ..................................................... 14
Priority of Flow of Funds ..................................................................................14
COVENANTS .................. ................................................... ........................................ 17
Rate Covenant................................................................................................ 17
Additional Parity Obligations .................................................................... 17
Operation and Maintenance .......................................................................18
Operating Budget.......................................................................................... 19
Annual Audit.................................................................................................. 19
No Mortgage or Sale of the System............................................................19
No Free Service.............................................................................................. 20
Enforcement of Collections .........................................................................20
No Competing System ..................................................................................21
Unlawful Connection Prohibited............................................................... 21
Amendment of the Bond Ordinance .......................................................... 21
THE SySTEM.................. ................................................... ........................................22
Physical Description..................................................................................... 22
Management................................................................................................... 24
Gas Supply...................................................................................................... 26
Rates, Fees and Charges ..............................................................................27
Service Area.................................................................................................... 28
Environmental Remediation Costs ........................................................... 30
FINANCIAL GUARANTY INSURANCE ............................................................... 31
COMBINED DEBT SERVICE REQUIREMENTS ............................................... 35
HISTORICAL COVERAGE OF DEBT SERVICE BY THE SYSTEM NET
REVENUES .................. ................................................... ........................................... 36
11
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RATINGS .................. ................................................... ............................................... 36
LEGALITY .................. ................................................... ............................................. 37
TAX EXEMPTION..................................................................................................... 37
VERIFICATION OF MATHEMATICAL COMPUTATIONS .............................. 40
INVESTMENT POLICY OF THE CITy.................................................................40
ENFORCEABILITY OF REMEDIES ..................................................................... 41
LITI GA TI ON.............................................................................................................. 41
GENERAL PURPOSE FINANCIAL STATEMENTS .......................................... 42
ADVISO RS AND CONSULTANTS......................................................................... 42
CONTINUING DISCLOSURE .................. ................................................... ...........42
MISCELLANEOUS .................. ................................................... .............................. 43
AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL
STATEMENT............................................................................................................. 43
APPENDIXA - GENERAL INFORMATION RELATING TO THE CITY OF
CLEARWATER, FLORIDA
APPENDIX B - EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA
GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER
INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30,
2006
APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE BOND
ORDINANCE
APPENDIX D - FORM OF CONTINUING DISCLOSURE CERTIFICATE
APPENDIX E - FORM OF BOND COUNSEL OPINION
APPENDIX F - SPECIMEN BOND INSURANCE POLICY
APPENDIX G - SCHEDULES OF RATES
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OFFICIAL STATEMENT
$7,670,000*
Gas System Revenue Refunding Bonds
Series 2007
INTRODUCTION
The purpose of this Official Statement, which includes its cover page and certain
enclosed Appendices, is to furnish information with respect to the issuance by the City of
Clearwater, Florida (the "City") of its $7,670,000* Gas System Revenue Refunding Bonds,
Series 2007 (the "Series 2007 Bonds").
The Series 2007 Bonds are being issued under the authority of and in full
compliance with the Constitution and laws of the State of Florida, including Chapter 166,
Part II, Florida Statutes, as amended and supplemented, the City Charter, as amended and
supplemented, and other applicable provisions of law. The Series 2007 Bonds are being
issued more specifically pursuant to Ordinance No. 5118-91, enacted by the City Council of
the City (the "Council") on August 15, 1991, as amended and supplemented by Ordinance
No. 7191-03, enacted on October 2, 2003, and as further supplemented by Ordinance No.
7423-05, enacted on April 21, 2005 (collectively, the "Bond Ordinance") and as further
supplemented by Resolution [ ], adopted on June 7, 2007 (the "Resolution").
The Series 2007 Bonds will be issued by the City (i) to refund and redeem on
September 1, 2007, all of the Outstanding principal amount of the City's Gas System
Revenue Bonds, Series 1998 (the "Series 1998 Bonds"), which are currently Outstanding in
the aggregate principal amount of $7,750,000 (the "Refunded Bonds"); (ii) to purchase a
municipal bond insurance policy and a reserve fund surety policy in an amount sufficient to
satisfy the Reserve Requirement applicable to the Series 2007 Bonds, and (iii) to pay the
costs of issuance of the Series 2007 Bonds. The City will simultaneously refund and redeem
all of the Outstanding principal amount of the City's Gas System Revenue Bonds, Series
1997B (the "Series 1997B Bonds"), which are currently Outstanding in the aggregate
principal amount of $3,500,000 from available funds of the City.
The Series 2007 Bonds are special, limited obligations of the City payable solely
from the Net Revenues derived from the operation of the System, as provided in the Bond
Ordinance on a parity with the City's Gas System Revenue Refunding Bonds, Series 2004
(the "Series 2004 Bonds"), which are currently Outstanding in the aggregate principal
* Preliminary, subject to change.
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amount of $8,545,000 and the City's Gas System Revenue Refunding Bonds, Series 2005
(the "Series 2005 Bonds"), which are currently Outstanding in the aggregate principal
amount of $7,135,000 (the Series 2004 Bonds and the Series 2005 Bonds are hereinafter
being referred to collectively as the "Parity Bonds"), all as further described under the
heading "Additional Parity Obligations" herein.
Capitalized terms not otherwise defined in this Official Statement shall have the
same meanings assigned to such terms in the Summary of the Bond Ordinance, which is set
forth in APPENDIX C. The description of the Series 2007 Bonds, the Bond Ordinance, and
certain statutory provisions as well as the information from various reports and statements
contained in this Official Statement are not comprehensive or definitive. All references to
such documents, reports and statements are qualified by the actual content of such
documents, reports and statements, copies of which may be obtained by contacting the
Finance Director, City of Clearwater, Florida, 100 South Myrtle Avenue, Clearwater,
Florida 33756.
PURPOSE OF SERIES 2007 BONDS
The Series 2007 Bonds will be issued by the City of Clearwater, Florida (the "City")
(i) to refund and redeem on September 1, 2007, all of the Outstanding principal amount of
the City's Gas System Revenue Bonds, Series 1998 (the "Series 1998 Bonds"), which are
currently Outstanding in the aggregate principal amount of $7,750,000 (collectively, the
Outstanding 1997B Bonds and the 1998 Bonds are hereinafter referred to as the "Refunded
Bonds"); (ii) to purchase a municipal bond insurance policy and a reserve fund surety policy
in an amount sufficient to satisfy the Reserve Requirement applicable to the Series 2007
Bonds, and (iii) to pay the costs of issuance of the Series 2007 Bonds. The City will
simultaneously refund and redeem all of the Outstanding principal amount of the City's
Gas System Revenue Bonds, Series 1997B (the "Series 1997B Bonds"), which are currently
Outstanding in the aggregate principal amount of $3,500,000 from available funds of the
City.
THE REFUNDING PROGRAM
Proceeds of the Series 2007 Bonds will be deposited into an escrow account (the
"Escrow Account") established with U.S. Bank National Association, Orlando, Florida,
as escrow agent (the "Escrow Agent") and invested in cash and/or direct obligations of
the United States in order to provide sufficient funds on September 1, 2007, to pay and
redeem all of the Outstanding Series 1998 Bonds (the "Refunded Bonds"), which are
currently Outstanding in the aggregate principal amount of [Refunded Bonds Amount].
The Series 1998 Bonds maturing on September 1, 2007 will be redeemed on September
1, 2007 at the redemption price of 100% of the principal amount thereof, together with
accrued and unpaid interest thereon and to pay and the Series 1998 Bonds maturing
after September 1, 2007 will be redeemed on September 1, 2007 at the redemption price
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of 101% of the principal amount thereof, together with accrued and unpaid interest
thereon. Available funds of the System will be deposited by the City into the Escrow
Account established with the Escrow Agent and invested in cash and/or direct
obligations of the United States in order to provide sufficient funds on September 1,
2007, to pay and redeem the Series 1997B Bonds maturing on and after September 1,
2007 in the aggregate principal amount $3,500,000, at the redemption price of 100% of
the principal amount thereof, together with accrued and unpaid interest thereon.
Upon issuance of the Series 2007 Bonds and based upon the deposit into the
Escrow Fund of the cash and/or direct obligations into the Escrow Fund as described
above and the verification of the mathematical accuracy of the sufficiency thereof to pay
and redeem the Refunded Bonds as described above by a firm of independent certified
public accountants, Bond Counsel will deliver and opinion to the effect that the
Refunded Bonds will no longer be outstanding for purposes of the resolution under
which they were issued and the pledge of and lien on the Pledged Funds created by or
pursuant to said Resolution with respect to such Refunded Bonds will cease, terminate
and be discharged.
ESTIMATED SOURCES AND USES OF FUNDS
The proceeds to be received from the sale of the Series 2007 Bonds are expected to be
applied as follows:
Sources of Funds
Par Amount
Less: Net Original Issue Discount
Funds on Deposit for Refunded Bonds
Total Sources of Funds
Uses of Funds
Deposit to Escrow Fund
Underwriter's Discount and
Costs of Issuance (1)
Total Uses of Funds
(1)Includes the premiums for the Municipal Bond Insurance Policy and for the
Reserve Fund Surety Policy in an amount sufficient to satisfy the Reserve Requirement
applicable to the Series 2007 Bonds.
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DESCRIPTION OF THE SERIES 2007 BONDS
General
The Series 2007 Bonds will be issued in fully registered book-entry only form in
authorized denominations of $5,000 and integral multiples thereof and will be dated dated
of delivery, will bear interest (payable semi-annually on March 1 and September 1 of each
year commencing September 1, 2007) at the rates per annum and will mature on the dates
and in the amounts, all as set forth on the cover page of this Official Statement. U.S. Bank
National Association, Orlando, Florida, will act as Paying Agent and Registrar with respect
to the Series 2007 Bonds.
Book-Entry Only System
THE INFORMATION IN THIS SECTION CONCERNING DTC AND DTC'S
BOOK-ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE
CITY BELIEVES TO BE RELIABLE, BUT THE CITY TAKES NO
RESPONSIBILITY FOR THE ACCURACY THEREOF.
The Series 2007 Bonds will be available in book-entry form only, in denominations of
$5,000 or any integral multiple thereof. Purchasers of the Series 2007 Bonds will not
receive certificates representing their interests in the Series 2007 Bonds purchased. The
Underwriter is to confirm original issuance purchases with statements containing certain
terms of the Series 2007 Bonds purchased.
The following information regarding The Depository Trust Company, New York,
New York ("DTC") and the book-entry only system of registration has been obtained by the
City from DTC. No representation is made by the City as to its accuracy or correctness.
The Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Series 2007 Bonds. The Series 2007 Bonds will be issued as fully-
registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or
such other name as may be requested by an authorized representative of DTC. One fully-
registered Series 2007 Bond will be issued for each maturity of the Series 2007 Bonds, as
set forth on the inside cover page hereof, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized
under the New York Banking Law, a "banking organization" within the meaning of the
New York Banking Law, a member of the Federal Reserve System, a "clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency"
registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934.
DTC holds and provides asset servicing for over 2 million issues of U.S. and non-U.S. equity
issues, corporate and municipal debt issues, and money market instruments from over 85
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countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also
facilities the post-trade settlement among Direct Participants of sales and other securities
transactions in deposited securities, through electronic computerized book-entry transfers
and pledges between Direct Participants' accounts. This eliminates the need for physical
movement of securities certificates. Direct Participants include both U.S. and non-U.S.
securities brokers and dealers, banks, trust companies, clearing corporations, and certain
other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing
Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC
and Members of the National Securities Clearing Corporation, Government Securities
Clearing Corporation, MBS Clearing Corporation, and Emerging Markets Clearing
Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries of DTCC), as well as by
the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National
Association of Securities Dealers, Inc. Access to the DTC system is also available to others
such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and
clearing corporations that clear through or maintain a custodial relationship with a Direct
Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard &
Poor's highest rating: AAA. The DTC Rules applicable to its Participants area on file with
the Securities and Exchange Commission. More information about DTC can be found at
www.dtcc.com.
So long as the book-entry only system is in effect, beneficial interests in the Series
2007 Bonds will be available in book-entry form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers of beneficial interests in the Series 2007 Bonds
will not receive certificates representing their beneficial interests in the Series 2007 Bonds
purchased. Each Underwriter is to confirm original issuance purchases of beneficial
interests with statements containing certain terms of the Series 2007 Bonds in which such
beneficial interests are purchased.
Purchases of Series 2007 Bonds under the DTC system must be made by or through
Direct Participants, which will receive a credit for the Series 2007 Bonds on DTC's records.
The ownership interest of each actual purchaser of each Series 2007 Bonds ("Beneficial
Owner") is in turn to be recorded on the Direct and Indirect Participants' records.
Beneficial Owners will not receive written confirmation from DTC of their purchase.
Beneficial Owners are, however, expected to receive written confirmations providing details
of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through which the Beneficial Owner entered into the transaction.
Transfers of ownership interests in the Series 2007 Bonds are to be accomplished by entries
made on the books of Direct and Indirect Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership
interests in Series 2007 Bonds, except in the event that use of the book-entry system for the
Series 2007 Bonds is discontinued.
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To facilitate subsequent transfers, all Series 2007 Bonds deposited by Direct
Participants with DTC are registered in the name of DTC's partnership nominee, Cede &
Co., or such other name as may be requested by an authorized representative of DTC. The
deposit of Series 2007 Bonds with DTC and their registration in the name of Cede & Co. or
such other DTC nominee do not effect any change in beneficial ownership. DTC has no
knowledge of the actual Beneficial Owners of the Series 2007 Bonds; DTC's records reflect
only the identity of the Direct Participants to whose accounts such Series 2007 Bonds are
credited, which mayor may not be the Beneficial Owners. The Direct and Indirect
Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by
Direct Participants to Indirect Participants, and by Direct Participants and Indirect
Participants to Beneficial Owners will be governed by arrangements among them, subject
to any statutory or regulatory requirements as may be in effect from time to time.
The Paying Agent will make payments of principal of, premium, if any, and interest
on the Series 2007 Bonds to DTC or such other nominee, as may be requested by an
authorized representative or DTC, as registered owner of the Series 2007 Bonds. DTC's
practice is to credit Direct Participants' accounts upon DTC's receipt of funds and
corresponding detail information from the City and the Paying Agent, on payable date in
accordance with their respective holdings shown on DTC's records. Payments by
Participants to Beneficial Owners will be governed by standing instructions and customary
practices, as is the case with securities held for the accounts of customers in bearer form or
registered in "street name," and will be the responsibility of such Participant and not of
DTC nor its nominee, the Paying Agent subject to any statutory or regulatory requirements
as may be in effect from time to time. Payment of redemption proceeds, distributions, and
dividend payments to Cede & Co. (or such other nominee as may be requested by an
authorized representative of DTC) is the responsibility of the City or the Paying Agent,
disbursement of such payments to Direct Participants will be the responsibility of DTC, and
disbursement of such payments to the Beneficial Owners will be the responsibility of Direct
and Indirect Participants.
The City and the Paying Agent will send redemption notices to DTC. If less than all
of the Series 2007 Bonds within an issue are being redeemed, DTC's practice is to
determine by lot the amount of interest of each Direct Participant in such issue to be
redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with
respect to Series 2007 Bonds unless authorized by a Direct Participant in accordance with
DTC's Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City
as soon as possible after the record date. The Omnibus Proxy assigns Cede & Coo's
consenting or voting rights to those Direct Participants to whose accounts Series 2007
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Bonds are credited on the record date (identified in a listing attached to the Omnibus
Proxy).
THE CITY AND THE PAYING AGENT WILL HAVE NO RESPONSIBILITY OR
OBLIGATION TO THE BENEFICIAL OWNERS, DTC PARTICIPANTS OR THE
PERSONS FOR WHOM DTC PARTICIPANTS ACT AS NOMINEES WITH RESPECT TO
THE SERIES 2007 BONDS FOR THE ACCURACY OF RECORDS OF DTC, CEDE & CO.
OR ANY DTC PARTICIPANT WITH RESPECT TO THE SERIES 2007 BONDS OR THE
PROVIDING OF NOTICE OR PAYMENT OF PRINCIPAL, OR INTEREST, OR ANY
PREMIUM ON THE SERIES 2007 BONDS, TO DTC PARTICIPANTS OR BENEFICIAL
OWNERS, OR THE SELECTION OF SERIES 2007 BONDS FOR REDEMPTION.
The City and the Paying Agent cannot give any assurances that DTC, DTC
Participants or others will distribute payments of principal of, premium, if any, and
interest on the Series 2007 Bonds paid to DTC or its nominee, or any redemption or other
notices, to the Beneficial Owners, or that they will do so on a timely basis or that DTC will
serve or act in a manner described in this Official Statement.
For every transfer and exchange of beneficial interests in the Series 2007 Bonds, the
Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other government
charge that may be imposed in relation thereto.
DTC may determine to discontinue providing its services with respect to the Series
2007 Bonds at any time by giving notice to the City and the Paying Agent and discharging
its responsibilities with respect thereto under applicable law. Under such circumstances, in
the event that a successor depository is not obtained, Series 2007 Bonds are required to be
printed and delivered. In addition, the City may determine to discontinue the use of book-
entry transfers through DTC (or any successor securities depository). Under such
circumstances, certificated Series 2007 Bonds are required to be delivered as described
below.
In the event that the book-entry only system is discontinued, the following
provisions will govern the transfer and exchange of Series 2007 Bonds. The Series 2007
Bonds will be exchanged for an equal aggregate principal amount of corresponding bonds in
other authorized denominations and of the same series and maturity, upon surrender
thereof at the principal corporate trust office of the Bond Registrar. The transfer of any
Series 2007 Bonds will be registered on the books maintained by the Bond Registrar for
such purpose only upon the surrender thereof to the Bond Registrar with a duly executed
written instrument of transfer in form and with guaranty of signatures satisfactory to the
Bond Registrar, containing written instructions as to the details of transfer of such Series
2007 Bonds, along with the social security number or federal employer identification
number of such transferee. The City and the Bond Registrar may charge the registered
owners a sum sufficient to reimburse them for any expenses incurred in making any
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exchange or transfer after the first such exchange or transfer following the delivery of the
Series 2007 Bonds. The Bond Registrar or the City may also require payment from the
registered owners or their transferees, as the case may be, of a sum sufficient to cover any
tax, fee or other governmental charge that may be imposed in relation thereto. Such
charges and expenses shall be paid before any such new Series 2007 Bonds shall be
delivered. Neither the City nor the Bond Registrar shall be required to register the transfer
or exchange of any Series 2007 Bonds during the period commencing on the fifteenth day
(whether or not a business day) of the month next preceding an interest payment date and
ending on such interest payment date or, in the case of any proposed redemption of a Series
2007 Bonds, after such Series 2007 Bonds or any portion thereof has been selected for
redemption.
Redemption Provisions
The Series 2007 Bonds are not subject to redemption prior to their stated maturity
at the option of the City; provided, however, that, if the winning bidder elects for certain
maturities of the Series 2007 Bonds to be Term Bonds, such Series 2007 Term Bonds will be
subject to mandatory redemption from amortization installments as provided in such
winning bid. Notice of Redemption
As long as the book-entry only system is used for determining beneficial ownership
of the Series 2007 Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co.
will be responsible for notifying the DTC Participants, who will in turn be responsible for
notifying the Beneficial Owners. Any failure of Cede & Co. to notify any DTC Participant,
or of any DTC Participant to notify the Beneficial Owner of any such notice, will not affect
the validity of the redemption of the Series 2007 Bonds. See "DESCRIPTION OF THE
SERIES 2007 BONDS -Book-Entry Only System" for a description of DTC Participants and
Beneficial Owners.
In the event of the discontinuance of the book-entry only system, notice of
redemption will be given by the Registrar (who shall be the Paying Agent for the Series
2007 Bonds, or such other person, firm or corporation as may from time to time be
designated by the City as Registrar for the Series 2007 Bonds) by mailing a copy of the
redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and
not less than fifteen (15) days prior to the date fixed for redemption to the Registered
Owner of each Series 2007 Bond to be redeemed in whole or in part at the address shown on
the registration books. Failure to give such notice by mailing to any Registered Owner of
Bonds, or any defect therein, shall not affect the validity of any proceeding for the
redemption of other Bonds. All Series 2007 Bonds or portions thereof so called for
redemption will cease to bear interest after the specified redemption date provided funds
for their redemption are on deposit at the place of payment at that time.
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Upon surrender of any Series 2007 Bond for redemption in part only, the City shall
issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the
Registered Owner, a new Series 2007 Bond or Series 2007 Bonds of authorized
denominations in aggregate principal amount equal to the unredeemed portion
surrendered.
SOURCE OF PAYMENT AND SECURITY FOR THE SERIES 2007 BONDS
General
The principal of, redemption premium, if any, and interest on the Series 2007 Bonds
are payable from the Net Revenues equally and ratably with each other and the Parity
Bonds. The Series 2007 Bonds and the Parity Bonds are secured by a first and prior lien on
the Net Revenues derived from the operation of the System deposited in the Sinking Fund
created and established under the Bond Ordinance and from monies and investments
deposited in certain funds and accounts established by the Bond Ordinance and earnings
thereon.
The Series 2007 Bonds shall not constitute an indebtedness, liability,
general or moral obligation, or a pledge of the faith, credit or taxing power of the
City, the State, or any political subdivision thereof, within the meaning of any
constitutional, statutory or charter provisions. Neither the State of Florida, nor
any political subdivision thereof, nor the City shall be obligated (1) to levy ad
valorem taxes on any property to pay the principal of the Series 2007 Bonds, the
interest thereon, or other costs incidental thereto or (2) to pay the same from any
other funds of the City except from the Net Revenues, in the manner provided in
the Bond Ordinance.
The Series 2007 Bonds 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 Bond Ordinance.
"Net Revenues" is defined in the Bond Ordinance to mean Gross Revenues less the
Cost of Operation and Maintenance. "Gross Revenues" means all monies received from
rates, fees, rentals or other charges or income derived from the investment of funds, unless
otherwise provided in the Bond Ordinance, by the City or accruing to it in the operation of
the System, all calculated in accordance with sound accounting practice. "Cost of Operation
and Maintenance" of the System means all current expenses, paid or accrued, for the
operation, maintenance and repair of all facilities of the System, as calculated in accordance
with sound accounting practice and includes, without limiting the generality of the
foregoing, insurance premiums, administrative expenses of the City related solely to the
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System, labor, cost of materials and supplies used for current operation and charges for the
accumulation of appropriate reserves for current expenses not annually recurrent but
which are such as may reasonably be expected to be incurred in accordance with sound
accounting practice, but excluding any reserve for renewals or replacements, for
extraordinary repairs or any allowance for depreciation. The Bonds are further secured by
a prior lien on and pledge of the monies and investments deposited in the Funds and
Accounts established by the Bond Ordinance except for monies and investments deposited
in the Operation and Maintenance Fund and the Rebate Fund.
Debt Service Reserve Account
The Bond Ordinance requires the establishment of a Reserve Account for the Series
2007 Bonds in an amount equal to the Reserve Account Requirement for the Series 2007
Bonds. The Bond Ordinance authorizes the City to obtain the Surety Bond in place of fully
funding the Reserve Account. Accordingly, application has been made to AMBAC
Assurance Corporation for the issuance of a Surety Bond for the purpose of funding the
Reserve Account for the Series 2007 Bonds. The Series 2007 Bonds will only be delivered
upon the issuance of the Surety Bond. The premium on the Surety Bond is to be fully paid
at or prior to the issuance and delivery of the Series 2007 Bonds.
Pursuant to the terms of the Surety Bond, Surety Bond Coverage is automatically
reduced to the extent of each payment made by AMBAC Assurance Corporation under the
terms of the Surety Bond and the City is required to reimburse AMBAC Assurance
Corporation for any draws under the Surety Bond with interest at a market rate. Upon
such reimbursement, the respective Surety Bond is reinstated to the extent of each
principal reimbursement up to but not exceeding the Surety Bond Coverage. The
reimbursement obligation of the City is subordinate to the Issuer's obligations with respect
to the Series 2007 Bonds.
In the event the amount on deposit in the Sinking Fund, plus all amounts on
deposit in and credited to the Reserve Account for the benefit of the Series 2007 Bonds,
therein, in addition to the amount available under the Surety Bond, includes amounts
available under a letter of credit, insurance policy, surety bond or other such funding
instrument (the "Additional Funding Instrument"), draws on the Surety Bond and the
Additional Funding Instrument shall be made on a pro rata basis to fund the insufficiency
for the Series 2007 Bonds. The Bond Ordinance provides that the Reserve Account for the
Series 2007 Bonds shall be replenished in the following priority: (i) principal and interest
on the Surety Bond and on the Additional Funding Instruments shall be paid from first
available Revenues on a pro rata basis; (ii) after all such amounts are paid in full, amounts
necessary to fund the Reserve Account for the benefit of the Series 2007 Bonds to the
required level, after taking into account the amounts available under the Surety Bond and
the Additional Funding Instruments, if any, shall be deposited from next available
Revenues.
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The Surety Bond does not insure against nonpayment caused by the insolvency or
negligence of the Paying Agent.
Notwithstanding any provision of the Bond Ordinance to the contrary, moneys in the
Reserve Account for the Series 2007 Bonds may be used only for the purpose of the payment
of maturing principal of or interest or making Amortization Installments on the Series 2007
Bonds when the other moneys in the Sinking Fund are insufficient therefor, and for no
other purpose including the payment of any other series of Bonds.
FLOW OF FUNDS
Establishment of Funds and Accounts
The following Funds and Accounts have been established pursuant to the Bond
Ordinance:
Revenue Fund
Operation and Maintenance Fund
Construction Fund
Sinking Fund
Interest Account
Principal Account
Reserve Account
Bond Amortization Account
Renewal and Replacement Fund
A separate subaccount is required to be maintained in the Reserve Account for the
Series 2007 Bonds.
Priority of Flow of Funds
The entire Gross Revenues, except the income from investments (hereinafter
discussed), derived from the operation of the System must be deposited in the Revenue
Fund. The Revenue Fund constitutes a trust fund for the purpose provided in the Bond
Ordinance, and must be kept separate and distinct from all other funds of the City and
used only for the purposes and in the manner provided in the Bond Ordinance.
All revenues at any time remaining on deposit in the Revenue Fund must be
disposed of on or before the fifteenth (15th) day of each month only in the following manner
and in the following order or priority:
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1. Revenues must first be used to deposit in the Operation and Maintenance
Fund, such sums as are necessary for the Cost of Operation and Maintenance for the next
ensuing month.
2. Revenues must next be used for deposit into the Interest Account, such sums
as will be sufficient to pay one-sixth (1/6) of all interest becoming due on the Series 2007
Bonds and the Parity Bonds on the next semi-annual interest payment date.
3. Revenues must next be used for deposit into the Principal Account, in any
bond year in which a Serial Bond matures, such sums as will be sufficient to pay one-
twelfth (1/12) ofthe principal maturing on Serial Bonds in such year.
4. Revenues must next be used for deposit into the Bond Amortization Account
in any bond year in which an Amortization Installment is due, such sums as will be
sufficient to pay one-twelfth (1/12) of the Amortization Installment required to be made in
such year. Such payment will be credited to a separate special account for each series of
Term Bonds outstanding, and if there is more than one stated maturity for Term Bonds of a
series, then into a separate special account in the Bond Amortization Account for each such
separate maturity of Term Bonds. The funds and investments in each such separate
account are 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 will not be available for payment,
purchase or redemption of Term Bonds of any other series or within a series, or for transfer
to any other account in the Sinking Fund to make up any deficiencies in required payments
therein.
Moneys on deposit in each of the separate special accounts in the Bond Amortization
Account are required to be used for the open market purchase or the redemption of Term
bonds, pursuant to the Bond Ordinance, 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 required deposits to the Principal Account, Interest Account and Bond
Amortization Account are required to be adjusted in order to take into account the amount
of money currently on deposit therein.
5. Revenues must next be applied by the City to maintain in each subaccount in
the Reserve Account a sum equal to the Reserve Requirement, if any, for any subsequent
year on each series of Bonds, which sum will initially be deposited therein from the
proceeds of the sale of the Series 2007 Bonds and other funds of the City. To the extent the
City determines pursuant to a subsequent resolution to fund a subaccount within the
Reserve Account for a respective series of Bonds, the City may provide that the difference
between the amounts on deposit in such subaccount and the Reserve Requirement for such
series of Bonds shall be an amount covered by obtaining bond insurance issued by a
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reputable and recognized municipal bond insurer, by a surety bond, by a letter of credit or
any combination thereof or by such other form of credit enhancement as shall be approved
by a resolution of the City adopted prior to the issuance of the series of Bonds for which
such subaccount is established. Such resolution may also provide for the substitution of
such credit enhancement. Bond insurance, a surety bond, a letter of credit or any
combination thereof or such other form of credit enhancement may in the future be
deposited in the subaccount in the Reserve Account for any Series of Bonds as may be
approved by subsequent resolution of the City, provided that the provider of such credit
enhancement is then rated in one of the two highest rating categories (without regard to
gradation) by Fitch Ratings and Moody's Investors Service, Inc.
Any withdrawals from the Reserve Account are required to be subsequently restored
from the first moneys available in the Revenue Fund on a pro rata basis as to all
sub accounts in the Reserve Account after all required current payments for the Operation
and Maintenance Fund and Sinking Fund (including all deficiencies in prior payments to
those Funds) have been made in full.
Notwithstanding any provision of the Bond Ordinance to the contrary, moneys in
each subaccount in the Reserve Account may be used only for the purpose of the payment of
maturing principal of or interest or making Amortization Installments on the Bonds for
which such subaccount was established when the other moneys in the Sinking Fund are
insufficient therefor, and for no other purpose including the payment of any other series of
Bonds.
In the event of the refunding of any series of Bonds, the City may withdraw from the
subaccount within the Reserve Account for such series of Bonds, all or any portion of the
amounts accumulated therein with respect to the Bonds being refunded and deposit such
amounts as required by the resolution authorizing the refunding of such series of Bonds.
6. The City must next deposit into the Renewal and Replacement Fund an
amount equal to one-twelfth (1/12) of an amount equal to 5% of prior year's Gross
Revenues; provided, however, that so long as there shall be on deposit in such Renewal and
Replacement Fund a balance of at least $300,000, no additional deposits in such Fund are
required. The moneys in the Renewal and Replacement Fund may 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 are also required to be used to supplement the Reserve Account if necessary, in
order to prevent a default in the payment of the principal or Amortization Installments of
and interest on the Bonds.
7. The balance of any moneys remaining in the Revenue Fund after the above
required payments have been made may be used by the City for any lawful purpose.
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8. The Operation and Maintenance Fund, the Sinking Fund, the Renewal and
Replacement Fund, the Revenue Fund, and all accounts therein and any other special funds
established and created under the Bond Ordinance constitute trust funds for the purposes
provided in the Bond Ordinance for such funds. All such funds shall be continuously
secured in the same manner as City deposits are authorized to be secured by the laws of the
State of Florida.
COVENANTS
Rate Covenant
In and by the Ordinance, the City has covenanted 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 the Cost of Operation and Maintenance of the System in such year and all
reserve and other payments provided for in the Bond Ordinance and 125% of the Bond
Service Requirement due in such year on all outstanding Bonds. The City has covenanted
that such rates, fees, rentals, or other charges shall not be reduced so as to be insufficient to
provide Revenues for such purposes.
Additional Parity Obligations
Additional Parity Obligations, payable on a parity from Net Revenues of the System
with the Series 2007 Bonds and the Parity Bonds, may be issued after the issuance of the
Series 2007 Bonds, for construction and acquisition of additions, extensions and
improvements to the System or for refunding purposes and upon the following conditions:
1. The Net Revenues derived or which would have been derived, if adjusted as
set forth below, from the System, either during the immediately preceding Fiscal Year,
during any twelve (12) consecutive calendar months of the eighteen (18) calendar months
immediately preceding the sale of the proposed Additional Parity Obligations or during the
last twelve (12) month period for which the City has audited financial statements for the
System, at the option of the City, shall have been not less than 125% of the Maximum Bond
Service Requirement which will become due in any calendar year thereafter on (a) the
Series 2007 Bonds then Outstanding, (b) any Additional Parity Obligations issued and then
Outstanding (including the Parity Bonds), and (c) the Additional Parity Obligations then
proposed to be issued.
In determining the amount of Net Revenues for the purposes of paragraph (1) above,
the Consulting Engineers may adjust the Net Revenues by adding thereto the following:
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a. The Net Revenues (computed for such utility on the same basis as net
revenues are computed for the System) of any gas utility which the City shall have
acquired prior to the issuance of such Additional Parity Obligations or which the
City shall be acquiring from proceeds of such Additional Parity Obligations; and
b. In the event a change has been made in the rate schedules for services from
the System prior to the issuance of the proposed Additional Parity Obligations for a
part of such 12 month period referred to in (1) above, and such change has resulted
in an increase in Net Revenues, such amount of additional Net Revenues which the
consulting Engineers estimated would have been received by the City during such 12
month period if such change in such rate schedule had been in effect during the
entire 12 month period; and in the event a change has been made in the rate
schedules for services from the System prior to the issuance of the proposed
Additional Parity Obligations for a part of such 12 month period referred to in (1)
above, and such change has resulted in a decrease in Net Revenues, by subtracting
therefrom such amount of the Net Revenues which the Consulting Engineers
estimate would not have been received by the City during such 12 month period
referred to in (1) above, if such change in such rate schedule had been in effect
during the entire 12 month period.
2. Each resolution or ordinance authorizing the issuance of Additional Parity
Obligations will recite that all of the covenants contained in the Bond Ordinance will be
applicable to such Additional Parity Obligations.
3. The City shall not be in default in performing any of the covenants and
obligations of the Bond Ordinance, if all payments required to have been made into the
accounts and funds, as provided in the Bond Ordinance, shall have been made to the full
extent required.
Operation and Maintenance
The City covenants it will maintain the System and all parts thereof in good
condition and will operate the same in an efficient and economical manner making such
expenditures for equipment and for renewals, repairs and replacements as may be proper
for the economical operation and maintenance thereof.
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Operating Budget
The City covenants to annually prepare and adopt prior to the beginning of each of
its Fiscal Years, a detailed budget or budgets of the estimated expenditures for the
operation and maintenance ofthe System during such next succeeding Fiscal Year.
Annual Audit
At least once a year, within six months after the close of its Fiscal Year, the City
covenants to cause the books, records and accounts relating to the System to be properly
audited by a recognized independent firm of certified public accountants.
No Mortgage or Sale of the System
The City has covenanted not to sell, lease, mortgage, pledge or otherwise encumber
the System, or any substantial part thereof, or any revenues to be derived therefrom, except
as described below.
Notwithstanding the foregoing, the City has reserved the right to sell, lease or
otherwise dispose of any of the property comprising a part of the System which the City
hereafter determines, in the manner provided in the Bond Ordinance, to be no longer
necessary, useful or profitable in the operation of the System. Prior to any such sale, lease
or other disposition of said property, if the amount to be received therefor is not in excess of
$50,000, the City Manager of the City or other duly authorized officer in charge thereof is
required to make a finding in writing determining that such property comprising a part of
the System is no longer necessary, useful or profitable in the operation thereof.
If the amount to be received from such sale, lease or other disposition of said
property is in excess of $50,000 but not in excess of $100,000 such City Manager or other
officer is required to first make a finding in writing determining that such property
comprising a part of the System is no longer necessary, useful or profitable in the operation
thereof, and the governing body of the City must, by resolution or ordinance duly adopted,
approve and concur in the finding of such City Manager or other officer, and authorize such
sale, lease or other disposition of said property.
If the amount to be received from such sale, lease or other disposition of said
property is in excess of $100,000 but not in excess of 10% of the value of fixed assets of the
System according to the most recent annual audit report, such City Manager or other
officer must first make a finding in writing determining that such property comprising a
part of the System is no longer necessary, useful or profitable in the operation thereof, and
the Consulting Engineer must make a finding that it is in the best interest of the System
that such property be disposed of, and the governing body of the City must by resolution or
ordinance, duly adopted, approve and concur in the findings of such City Manager or other
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officer and of the Consulting Engineer, and authorize such sale, lease or other disposition of
said property.
Anything in this section to the contrary notwithstanding, nothing restricts the
governing body of the City or, to the extent such authority has been vested in the City
Manager by such governing body, the City Manager in exercising discretion, from
authorizing the sale or other disposition of any of the property comprising a part of the
System, if the Consulting Engineer certifies that the Net Revenues of the System will not
be materially adversely affected by reason of such sale or disposition.
Such proceeds must be placed in the Renewal and Replacement Fund or used for the
retirement of outstanding Bonds, in such proportions to be determined by the governing
body of the City upon the recommendations of the City Manager. The payment of such
proceeds into the Renewal and Replacement Fund does not reduce the amounts required to
be paid into such Fund by other provisions of the Bond Ordinance.
Anything in this section to the contrary notwithstanding, nothing prohibits the City
from transferring ownership of the System to another governmental entity in accordance
with the Bond Ordinance without complying with the provisions described in this section.
No Free Service
The City has covenanted in the Bond Ordinance that it will not render or cause to be
rendered any free services of any nature by the System, nor will any preferential rates be
established for users of the same class. Whenever the City, including its departments,
agencies and instrumentalities, avails itself of the product, facilities or services provided by
the System, or any part thereof, the same rates, fees or charges applicable to other
customers receiving like services under similar circumstances must be charged to the City
and any such department, agency or instrumentality. Such charges must be paid as they
accrue, and the City shall transfer from its general funds to the Revenue Fund sufficient
sums to pay such charges. The revenues so received will be deemed to be Revenues derived
from the operation of the System, and will be deposited and accounted for in the same
manner as other Revenues derived from such operation of the System.
Consistent with the foregoing, to the extent that certain marketing and sales
programs may involve incentives to customers (other than free energy service), expenses of
such incentives are paid by charges against appropriate marketing and sales expenses of
the System.
Enforcement of Collections
The City has covenanted to enforce and collect the rates, fees and other charges for
the services and facilities of the System pledged under the Bond Ordinance; to take all
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steps, actions and proceedings for the enforcement and collection of such rates, charges and
fees as shall become delinquent to the full extent permitted or authorized by law; and to
maintain accurate records with respect thereof. All such fees, rates, charges and revenues
pledged pursuant to the Bond Ordinance will, as collected, be held in trust to be applied as
provided in the Bond Ordinance.
The City will, under reasonable rules and regulations, to the full extent permitted by
law, shut off the connection of any users of the System for non-payment of fees, rentals and
other charges for the services of the System and will not furnish him or permit him to
receive from the System further service until all obligations owed by him to the City on
account of services have been paid in full.
No Competing System
To the full extent permitted by law, the City has covenanted not to hereafter grant,
or cause, consent to, or allow the granting of, any franchise or permit to any person, firm,
corporation or body, or agency or instrumentality whatsoever, for the furnishing of
competing gas services to or within the boundaries of the service area of the City; provided,
however, that if the Gas System Manager renders an opinion that it would not be feasible
for the City to provide such services to any specific area within the three years succeeding a
request to provide such service, the City may authorize or allow the granting of such
franchise or permit for such area upon such terms and conditions as it may approve.
Unlawful Connection Prohibited
The City has enacted an ordinance making it unlawful for any person or persons to
tamper with, change or make any connection with the System without the written consent
of the City, or to make any reconnection with the System when service has been
discontinued for delinquent charges, until such delinquent charges have been paid in full,
including interest, reasonable penalties and reconnection charges. The City will diligently,
to the full extent permitted by law, enforce this covenant and prosecute any person
violating the provisions ofthis covenant or any penal ordinance relating to the same.
Amendment of the Bond Ordinance
In the Bond Ordinance, the City has reserved the right to amend or supplement the
Bond Ordinance for certain purposes without the consent of Bondholders if the amendment
or supplement does not adversely affect the rights of Bondholders. Otherwise, no material
modification or amendment of the Bond Ordinance may be made without the consent in
writing of the Holders of fifty-one percent or more of the principal amount of the Bonds of
each Series so affected and then outstanding. For purposes of the foregoing, to the extent
that Bonds of any Series are secured by a Credit Facility and such Bonds are then rated in
one of the two highest rating categories (without regard to gradation) by either Fitch
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Ratings or Moody's Investors Service, Inc., or successors and assigns, then the consent of
the Credit Facility issuer will be deemed to constitute the consent of the Bondholders of
such Series and in such case no consent of the Bondholders of such Series is required.
Notwithstanding the foregoing, no modification or amendment of the Bond Ordinance may
permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon
or in the amount of the principal obligation thereof or affecting the promise of the City to
pay the principal of and interest on the Bonds as the same become due from the Net
Revenues of the System or reduce the percentage of the Bondholders required to consent to
any material modification or amendment of the Bond Ordinance without the consent of the
Bondholders of all such obligations.
THE SYSTEM
Physical Description
The Clearwater Gas System (the "System") began operations in the mid-1920's with
the production, distribution and sale of manufactured gas. The System was converted to
natural gas in 1959 when Florida Gas Transmission (FGT) extended pipelines into Florida.
The System also provides propane (LP) service in areas where natural gas mains have not
yet been extended. The System currently serves 19,035 customers in a 330 square mile
service territory through 786 miles of underground gas mains and has 90,000 gallons of
propane (LP) storage. The following table sets forth the service areas of the System and the
respective terms of the franchise agreements. Utility taxes and franchise fees are collected
by the respective municipality in addition to the rates, fees and charges imposed by the
System.
[Remainder of Page Intentionally Blank]
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MUNICIPALITIES SERVED BY THE CLEARWATER GAS SYSTEM
UTILITY FRANCHISE FRANCHISE
CITIES (18 TOTAL) TAX RATE FEE RATE EFFECTIVE DATES
BELLEAIR None 5.0%(1)(3) 6/14/90-6/13/20
BELLEAIR BEACH 10.0% 6.0% 10/1/03-9/30/18
BELLEAIR BLUFFS None 6.0% 8/01/02-7/31/17
BELLEAIR SHORE None None(8) 4/03/97 -4/02/27
CLEARWATER 10.0% 6.0% (4) None/Ordinance
DUNEDIN 10.0% (5) 5.0% 5/01/90-4/30/20
INDIAN ROCKS BEACH None 4.5% (2) 7/07/88-7/06/18
INDIAN SHORES 10.0%(3)1/1/05 5.0%(11) 6/18/98-6/17/28
LARGO 10.0% 6.0% 6/01/01-5/31/16
NEW PORT RICHEY 10.0% (5) 6.0% 1/01/96-12/31/25
NORTH REDINGTON
BEACH None 5.0% (9) 7/16/98-7/15/28
OLDSMAR 9.0% (6) 4.5% (12) 9/01/84-8/31/14
Pinellas Park (LP Only) 10.0% None Not Applicable
PORT RICHEY 10.0% 5.0% 4/20/95-4/19/25
REDINGTON BEACH None 5.0% 7/16/98-7/15/28
REDINGTON SHORES None 6.0% (10) 11/5/98-11/4/28
SAFETY HARBOR 10.0% (5) 6.0% (3) 8/01/91-7/31/01
TARPON SPRINGS 10.0% 5.0% (2) 5/01/84-4/30/14
Notes:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
4.5% for pi 10 years, 5.0% for 2nd 10 years, and 5.5% for 3rd 10 years.
4.0% for pi 10 years, 4.5% for 2nd 10 years, and 5.0% for 3rd 10 years.
exempts industrial customer revenues. Continuing on monthly basis.
exempts interruptible customer revenues, and contract rates were billed @ 2% 4/1/99-
9/30/99,4% 10/1/99-9/30/00, & 6% beginning 10/1/00.
does not tax fuel oil
only taxes fuel oil @ 3.6~/gal. vs. 4~/gal. as authorized by FL statute.
Pinellas & Pasco Counties do not impose utility taxes or franchise fees.
Belleair Shore provides for the right to bill up to a 5.0% franchise but has elected not to bill a
franchise to their customers at present.
North Redington Beach reduced the franchise for new contracts after 7/8/99 as follows: 0%
for 7/9/99-9/30/00, 2% for 10/1/00-9/30/01, 4% for 10/1/01-9/30/02, & 5% for 10/1/02 &
thereafter.
(9)
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(10) Redington Shores reduced the franchise for new contracts after 7/13/99 as follows: 0% for
7/14/99-9/30/00,2% for 10/1/00-9/30/01, 4% for 10/1/01-9/30/02, & 6% for 10/1/02 & thereafter.
(11) Indian Shores reduced the franchise for new contracts after 9/30/99 as follows: 0% for
10/1/99-9/30/00,2% for 10/1/00-9/30/01, 4% for 10/1/01-9/30/02, & 5% for 10/1/02 & thereafter
subject to a review in 10/00.
(12) 4.0% for pi 10 years & 4.5% for last 20 years.
Management
The City has a Council-Manager form of municipal government. The Mayor and
Council Members are elected by the City's voters on an at-large basis. All have voting
power at Council meetings which are chaired by the Mayor. The City Council appoints the
City Manager and the City Manager is responsible for appointing all officers and employees
in the administrative service of the City, including the Managing Director & Executive
Officer of the Clearwater Gas System.
The Clearwater Gas System is administered by the Gas System Managing Director
& Executive Officer who reports to the Assistant City Manager. The System is one of seven
utilities (Water, Reclaimed Water, Sewer, Gas, Solid Waste, Recycling, and Stormwater)
billed on a consolidated basis by the Clearwater Customer Service.
Charles S. Warrington, Jr. currently serves as Managing Director & Executive
Officer of the Clearwater Gas System. He received his Bachelor of Electrical Engineering
degree from the Georgia Institute of Technology in 1971 and is a 1982 graduate of the
University of Michigan Public Utility Executive Program. He has been a registered
Professional Engineer in the State of Florida since 1976.
Prior to joining the City of Clearwater in February 1992, Mr. Warrington served as
Director of Customer Services for Florida Power & Light Company (FPL) , the largest
electric utility in the State of Florida. Mr. Warrington was responsible for corporate-wide
customer service policies, procedures, systems, training and regulatory interface. Prior to
this position, he had served as a District General Manager for two (2) of the largest FPL
districts (Miami and Coral Gables). In total, Mr. Warrington has over 32 years of public
utility experience of increasing responsibility.
Mr.. Warrington is Past Chairman of the Board of Directors of the American Public
Gas Association, past President of the Florida Municipal Natural Gas Association, serves as
President and member of the Board of Directors of the Florida Natural Gas Association,
serves as Chairman and member of the Board of Directors of the APGA Research
Foundation, Serves on the Board of Directors of the Southern Gas Association, was past
Regional Vice President and former member of the Board of Directors of The Florida
Engineering Society, serves on the Board of Directors and as Past President of the Florida
Engineering Society, Pinellas Chapter, and serves on the Board of Directors of the United
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Way of Tampa Bay, is on the Executive Committee and serves on the Board of Directors of
the Clearwater Regional Chamber of Commerce, and serves on the Board of Directors of the
Rotary Club of Clearwater.
Brian Langille has served as the Gas Supply & Technology Engineer for Clearwater
Gas System since May 1999. He is responsible for purchasing the natural gas supply,
working with key customer accounts and maintaining all regulatory licenses for Clearwater
Gas System. Mr. Langille attended the University of South Florida where he received a
Bachelor of Science degree in Mechanical Engineering (BSME). He currently serves on the
Board of Directors and Executive Committee for Florida Gas Utility (FGU) , which is the
buying group that manages the securing of Clearwater's gas supply and its daily delivery
and balancing.
James K. Geary joined the City of Clearwater in September 1998, and has served as
the Director of Customer Service and Marketing since September 2000. He is responsible
for marketing and sales activities of Clearwater Gas System as well as consolidated
customer service operations for all of the City's seven utilities. He was previously with
Florida Power & Light Company for 21 years, where he held a number of management
positions in customer service, marketing, and information systems. He has also served in
business development and management positions with organizations in the not-for-profit
sector. Mr. Geary earned an undergraduate degree from the University of Florida and a
holds a Masters degree from the University of Central Florida.
Thomas K. Sewell joined the City of Clearwater and Clearwater Gas System in
January 1997, and has served as the Assistant Director of Operations since February, 1998.
He is responsible for all Clearwater Gas Operations of this full service natural and propane
gas utility. Prior to joining Clearwater Gas System he served in the United States Army
for 30 years retiring in February, 1996 as a Colonel. Immediately prior to retirement, Mr.
Sewell served as the Chief of Staff, United States Army Japan at Camp Zama, Japan from
November, 1991 to September 1995. Mr. Sewell graduated from the United States Army
War College, has a Bachelor of Science degree, Business Administration, from Park College
Kansas City, Missouri and a Masters degree, Public Administration, from Shippensburg
University, Shippensburg, Pennsylvania.
Mike Deegan has served as both the South Area Gas Services Manager since
November of 2001. Prior to that, he served as North Area Services manager from 1998 to
2001, Gas Distribution Supervisor from 1995 to 1998, and as the Lead Distribution
Construction Inspector from 1992 to 1995, and as a Gas Distribution Pipefitter from 1985 to
1992, all with the Clearwater Gas System. Mr. Deegan also holds an active State of Florida
Registered Plumbing Contractors License and a Plumbing License in Hillsborough County,
Natural Gas Specialty Contractors License with Pinellas County Construction Licensing
Board, Pasco County and Hillsborough County, a 601 Master Qualifiers LP License from
the Department of Agriculture, and holds other licenses and certificates related to both
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Natural, Propane Gas and Plumbing. Mr. Deegan is an active seated member of the
Pinellas County- Gas Board of Examining, Adjustments and Appeals.
He is the instructor for the Federally Mandated Operator Qualification Program and
additionally conducts special and weekly training. He is an active member in many
recognized Gas Industry and Plumbing Associations such as American Gas Association,
Southern Gas Association, Florida Natural Gas Association, Florida Propane Gas
Association, Plumbing Heating Cooling Contractors and the United Association of
Plumbers/ Pipe Fitters.
Robert Bublitz has served as Controller for the Clearwater Gas System since
October 1994. Mr. Bublitz served as the Finance Director and Director of Administrative
Services with the City of Tarpon Springs, Florida, for 15 years prior to joining the
Clearwater Gas System as Controller. In total, Mr. Bublitz has 35 years of Municipal
experience. He received his Bachelor of Business Administration degree in 1965 from
Spencerian Business College in Milwaukee, Wisconsin.
Gas Supply
The City has two firm transportation service agreements (FTS-l & FTS-2) with
Florida Gas Transmission (FGT) in order to deliver natural gas to the Cities four gate
stations. Both these agreements provide Clearwater with a maximum daily quantity of
12,000 Dekatherms (Dth) of natural gas during the months of November to March; 9,000
Dth's during the month of April; 6,000 Dth's during the months of May to September; and
6,846 Dth's during the month of October. The total annual entitlement is 3,212,226 Dth's of
natural gas transportation. At the present time FGT is equally owned by Cross Country
Energy Corp, a newly formed holding company that holds Enron Corp interests, and
Southern Natural, an EI Paso Corporation Affiliate.
The City purchases its gas supply through Florida Gas Utility (FGU). FGU was
formed through an Interlocal Agreement among its members. The Interlocal Agreement
became effective on September 1, 1989 and consisted of five municipal utilities. Over the
next several years, additional electric and gas distribution utilities joined FGU, bringing its
total membership in 2005 to 23. The City joined FGU in October 2000 by Resolution 00-35.
An updated All Requirements Gas Service Agreement, which was approved by Resolution
02-02 in January 2002, required the City to purchase 100% of its supply through FGU. In
December 2004, Clearwater approved Resolution 04-34, which authorized the execution of
Public Gas Partners (PGP) Gas Supply Agreement between Clearwater and FGU. Public
Gas Partners, Inc. (PGP) , a Georgia non-profit corporation, is the parent company that
consists of eight (8) municipal agencies located generally in the southeast region of the
United States. FGU became a member of PGP in November 2004. The objective of PGP is
to acquire and have a working interest in gas wells selected throughout the United States.
Clearwater will purchase long-term natural gas supplies from FGU under the provisions of
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the PGP agreement, which are projected to be at a discounted price relative to the daily gas
market and allow for better control of gas supply costs.
On June 15, 2006, the City Council adopted Resolution 06-38 approving "Gas Supply
Agreement No.2" (the "Supply Agreement") with FGU, which consists of pre-purchasing a
20-year supply of natural gas at a discounted price relative to the daily gas market. FGU
executed a 20-year Prepaid Gas Purchase agreement with UBS AG effective September 1,
2006. FGU issued four separate sub-series revenue bonds totaling $694,175,000 for
prepayment of the gas supply, comprised of $277,670,000 Florida Gas Utility-Series 2006A-
1 Bonds, $138,835,000 Florida Gas Utility-Series 2006A-2 Bonds, $138,835,000 Florida
Gas Utility-Series 2006A-3 Bonds, and$138,835,000 Florida Gas Utility-Series 2006A-4
Bonds.
The Supply Agreement is a purchasing mechanism to better control the supply and
cost of gas in a rising energy market. The City will save 57 cents per million Btu (MMBtu)
lower than the daily market, which translates to approximately $10.6 million in savings
over the life of the contract. These savings will be passed on to customers through the
Purchased Gas Adjustment (PGA) rate on our customer's monthly bill. Since the Supply
Agreement is a "take AND pay" contract, the City is only required to pay for such gas
supply delivered to the receipt point(s). Clearwater's participation share is at 12.135%.,
which represents approximately thirty percent (30%) of the City's customer supply
requirements, which includes a four percent (4%) annual growth factor over the 20 year
period.
Rates, Fees and Charges
The City Council has established a schedule of rates and charges by ordinance,
which includes a purchased gas cost adjustment provision allowing the City to pass-through
to customers any increase or decrease in the purchased price of gas. The City is not subject
to regulation by any State agency in establishing or revising its rates. Where competitive
fuel sources or transportation service are available to the customer, the City Council has
authorized the City Manager to enter into contract gas service rates at special rates and/or
conditions as required to obtain/retain the customer load. Such contract service must meet
the normal construction feasibility formula to insure profitable payback to the City. As of
September 30, 2004, not including interruptible accounts, contract rates applied to 760
customer accounts and impacted less than 32.69% of total revenues.
The rates currently charged by the System have been effective since May 1, 2002.
On March 21, 2005, the City Council enacted Ordinance number 7368-05, which imposed
the rates set forth in APPENDIX G hereto, which became applicable to all gas bill and
services after April 1, 2005.
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Service Area
The System is owned and operated as an enterprise utility by the City of Clearwater.
The System operates over 786 miles of underground gas main and handles the supply and
distribution of both natural and propane (LP) gas throughout northern Pinellas County and
western Pasco County. As a "full service" gas utility, the System provides gas appliance
sales, service and repair (both commercial and residential), installation of customer gas
piping, construction and maintenance of underground gas mains and service lines, and 24-
hour response to any gas emergency call within the service area. The System is regulated
for safety by the Florida Public Service Commission and the Federal Department of
Transporta tion.
The System has been serving customers in the Clearwater area for over 84 years
(since 1923) when operations were begun with a manufactured gas plant operation from
coal and coke. In 1959, when natural gas transmission lines were finally extended to the
Florida peninsula, the System discontinued manufacturing gas and began receiving piped
natural gas from Florida Gas Transmission.
The System serves over 19,035 customers in a 330 square mile service territory,
which includes 17 municipalities as well as the unincorporated areas of northern Pinellas
County and western Pasco County. The Pinellas County service territory is 181 square
miles and extends generally from Ulmerton and Walsingham Roads on the South to the
Pasco County line on the North and from the Gulf of Mexico on the West to the
Hillsborough County line on the East. This includes all of the Pinellas beach communities
south to Redington Beach. The Pasco County service territory is 117 square miles and
extends from the Gulf of Mexico on the West inland about 10 miles to just West of State
Road 41 and Land O'Lakes (generally along the right-of-way of the Suncoast Parkway) and
from the Pinellas and Hillsborough County lines on the South to generally State Road 52 on
the North. The CGS service territory extends 42.3 miles from the southwestern most to the
northwestern most points. Residential customers make up over 88.30% of the System's
customer base.
As of September 30,2006, the System's active natural gas customers were located as
shown in the following table:
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Location
Belleair
Belleair Beach
Belleair Bluffs
Belleair Shores
Clearwater
Dunedin
Indian Rocks Beach
Indian Shores
Largo
New Port Richey
North Redington Beach
Oldsmar
Port Richey
Redington Beach
Redington Shores
Safety Harbor
Tarpon Springs
Unincorporated Areas Pasco
Unincorporated Areas
Central Pasco
Total
Attachment number 2
Page 31 of 53
Meters
Percentage
380
122
21
18
6,658
1,027
75
55
990
333
11
67
15
21
9
587
1,377
2,309
2,730
103
16,452
2.25%
0.72%
0.12%
0.11%
39.38%
6.07%
0.44%
0.33%
5.86%
1.97%
0.07%
0.40%
0.09%
0.12%
0.05%
3.47%
8.14%
13.66%
16.15%
.61%
100.00%
The following table shows the five largest interruptible customers by peak monthly
consumption and the percent of the System's revenues derived from such customers during
the 12 months ending September 30, 2006
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Peak % of
Monthly Gross
Customer Name Therms Revenues
Angelica Textile
Service 88,788 2.04%
Metal Industries
76,432 1.59%
Morton Plant
Hospital 100,366 3.14%
Mease Hospital
91,412 2.89%
Firmenich Citrus
Center 24,788 1.10%
The following table shows the breakdown of the System's customers by category as
well as the volume of gas sold and the sales revenues generated by each category for the
fiscal year ending September 30,2004:
Average No.
Customers
Gas
Volume
Gas
Sales
Interruptible
13
23.90%
14.32%
Residential
14,767
15.11%
22.66%
Commercial
2,128
60.99%
63.02%
Environmental Remediation Costs
In December 1993, the Florida Department of Environmental Protection ("FDEP")
informed the City that it intended to pursue an investigation of the City of Clearwater
Manufactured Gas Plant (the "Former Plant") site which was located from the 1920's
through about 1960 at the current site of the System's Administrative Offices and Pinellas
Operations Center. The main components of the Former Plant were removed between 1960
and 1985 and the site is currently paved. An initial investigation by the Federal
Environmental Protection Agency in the late 1980's determined that no serious health
hazards existed at this site but referred it to the FDEP for future monitoring.
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Environmental Consulting & Technology, Inc. (ECT) of Tampa, Florida, has been
retained as the System's environmental consultant. During 1995 ECT, with the assistance
of the System's crews, drilled holes and excavated a small segment of the Former Plant site
in order to prepare the Contamination Assessment Plan (CAP). ECT submitted a revised
CAP to FDEP on November 2, 1995 and was approved. After installing all the necessary
monitoring wells and collecting soil samples, ECT submitted the Contamination
Assessment Report (CAR) in December 1999 to FDEP. After reviewing the CAR, FDEP
requested additional monitoring wells be installed to better determine the contamination
boundary in certain areas of the property. Additional wells were installed and analyzed in
early 2001. FDEP reviewed the results and once again required additional well
installations for additional groundwater and soil data. Additional wells were installed in
June 2002 and in early 2003. As of July 2003, FDEP has not approved the revised CAR.
Therefore additional fieldwork will continue into the foreseeable future.
The cost of the investigation and possible remediation of the site is funded through
an Environmental Imposition Adjustment (EIA) applicable to all firm standard natural gas
therm rates and standard propane (LP) gallon rates. The EIA permits the System to
recover the cost of environmental costs imposed on the System by federal, state and local
regulatory agencies. As of September 30, 2006, the City has spent $674,234.26 on the
MGP assessment, which includes both environmental consultant and outside attorney fees.
Approximately $487,500 has been recovered from City insurance policies to be applied to
any required remediation.
FINANCIAL GUARANTY INSURANCE
Payment Pursuant to Financial Guaranty Insurance Policy
Ambac Assurance Corporation ("Ambac Assurance") has made a commitment to issue
a financial guaranty insurance policy (the "Financial Guaranty Insurance Policy") relating to
the Series 2007 Bonds, effective as of the date of issuance of the Series 2007 Bonds. Under the
terms of the Financial Guaranty Insurance Policy, Ambac Assurance will pay to The Bank of
New York, in New York, New York, or any successor thereto (the "Insurance Trustee"), that
portion of the principal of and interest on the Series 2007 Bonds that shall become Due for
Payment but shall be unpaid by reason of Nonpayment by the Obligor (as such terms are
defined in the Financial Guaranty Insurance Policy). Ambac Assurance will make such
payments to the Insurance Trustee on the later of the date on which such principal and/or
interest becomes Due for Payment or within one business day following the date on which
Ambac Assurance shall have received notice of Nonpayment from the Trustee. The insurance
will extend for the term of the Series 2007 Bonds and, once issued, cannot be canceled by
Ambac Assurance.
The Financial Guaranty Insurance Policy will insure payment only on stated maturity
dates and on mandatory sinking fund installment dates, in the case of principal, and on stated
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dates for payment, in the case of interest. If the Series 2007 Bonds become subject to
mandatory redemption and insufficient funds are available for redemption of all outstanding
Series 2007 Bonds, Ambac Assurance will remain obligated to pay the principal of and interest
on outstanding Series 2007 Bonds on the originally scheduled interest and principal payment
dates, including mandatory sinking fund redemption dates. In the event of any acceleration of
the principal of the Series 2007 Bonds, the insured payments will be made at such times and
in such amounts as would have been made had there not been an acceleration, except to the
extent that Ambac Assurance elects, in its sole discretion, to pay all or a portion of the
accelerated principal and interest accrued thereon to the date of acceleration (to the extent
unpaid by the Obligor). Upon payment of all such accelerated principal and interest accrued
to the acceleration date, Ambac Assurance's obligations under the Financial Guaranty
Insurance Policy shall be fully discharged.
In the event the Trustee has notice that any payment of principal of or interest on a
Series 2007 Bond that has become Due for Payment and that is made to a holder by or on
behalf of the Obligor has been deemed a preferential transfer and theretofore recovered from
its registered owner pursuant to the United States Bankruptcy Code in accordance with a
final, non-appealable order of a court of competent jurisdiction, such registered owner will be
entitled to payment from Ambac Assurance to the extent of such recovery if sufficient funds
are not otherwise available.
The Financial Guaranty Insurance Policy does not insure any
Nonpayment (as set forth in the Financial Guaranty Insurance Policy).
Financial Guaranty Insurance Policy does not cover:
risk other than
Specifically, the
1. payment on acceleration, as a result of a call for redemption (other than
mandatory sinking fund redemption) or as a result of any other advancement of
maturity;
2. payment of any redemption, prepayment or acceleration premium; and
3. nonpayment of principal or interest caused by the insolvency or negligence of
the Trustee, Paying Agent or Bond Registrar, if any.
If it becomes necessary to call upon the Financial Guaranty Insurance Policy, payment
of principal requires surrender of the Series 2007 Bonds to the Insurance Trustee together
with an appropriate instrument of assignment so as to permit ownership of such Series 2007
Bonds to be registered in the name of Ambac Assurance to the extent of the payment under
the Financial Guaranty Insurance Policy. Payment of interest pursuant to the Financial
Guaranty Insurance Policy requires proof of holder entitlement to interest payments and an
appropriate assignment of the holder's right to payment to Ambac Assurance.
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Upon payment of the insurance benefits, Ambac Assurance will become the owner of a
Series 2007 Bond, appurtenant coupon, if any, or right to payment of the principal of or
interest on such 2007 Bond and will be fully subrogated to the surrendering holder's rights to
payment.
The insurance provided by the Financial Guaranty Insurance Policy is not covered by
the Florida Insurance Guaranty Association.
Ambac Assurance Corporation
Ambac Assurance is a Wisconsin-domiciled stock insurance corporation regulated by
the Office of the Commissioner of Insurance of the State of Wisconsin, and is licensed to do
business in 50 states, the District of Columbia, the Territory of Guam, the Commonwealth of
Puerto Rico and the U.S. Virgin Islands, with admitted assets of approximately
$10,015,000,000 (unaudited) and statutory capital of approximately $6,371,000,000
(unaudited) as of December 31, 2006. Statutory capital consists of Ambac Assurance's
policyholders' surplus and statutory contingency reserve. Standard & Poor's Ratings Services,
a division of The McGraw-Hill Companies, Inc., Moody's Investors Service, Inc. and Fitch
Ratings have each assigned a triple-A financial strength rating to Ambac Assurance.
Ambac Assurance has obtained a ruling from the Internal Revenue Service to the
effect that the insuring of an obligation by Ambac Assurance will not affect the treatment for
federal income tax purposes of interest on such obligation and that insurance proceeds
representing maturing interest paid by Ambac Assurance under policy provisions
substantially identical to those contained in the Financial Guaranty Insurance Policy shall be
treated for federal income tax purposes in the same manner as if such payments were made by
the Obligor.
Available Information
The parent company of Ambac Assurance, Ambac Financial Group, Inc. (the
"Company"), is subject to the informational requirements of the Securities Exchange Act of
1934, as amended (the "Exchange Act"), and in accordance therewith files reports, proxy
statements and other information with the Securities and Exchange Commission (the "SEC").
These reports, proxy statements and other information can be read and copied at the SEC's
public reference room at 100 F Street, N.E., Room 1580, Washington, D.C. 20549. Please call
the SEC at 1-800-SEC-0330 for further information on the public reference room. The SEC
maintains an internet site at http://www.sec.gov that contains reports, proxy and information
statements and other information regarding companies that file electronically with the SEC,
including the Company. These reports, proxy statements and other information can also be
read at the offices of the New York Stock Exchange, Inc., 20 Broad Street, New York, New
York 10005.
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Copies of Ambac Assurance's financial statements prepared in accordance with
statutory accounting standards are available from Ambac Assurance. The address of Ambac
Assurance's administrative offices is One State Street Plaza, 19th Floor, New York, New York
10004, and its telephone number is (212) 668-0340.
Incorporation of Certain Documents by Reference
The following document filed by the Company with the SEC (File No. 1-10777) IS
incorporated by reference in this Official Statement:
The Company's Annual Report on Form 10-K for the fiscal year ended December 31,
2006 and filed on March 1, 2007.
All documents subsequently filed by the Company pursuant to the requirements of the
Exchange Act after the date of this Official Statement will be available for inspection in the
same manner as described above in "Available Information".
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COMBINED DEBT SERVICE REQUIREMENTS
Set forth below are the amounts of principal and interest on the Parity Bonds and
the Series 2007 Bonds and the combined debt service of each in the bond years indicated.
Bond Year
Ending
Sept. 1
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Totals
Paritv Bonds
Total
Debt Service
$ 991,601.26
1,002,051.26
996,951.26
991,263.76
999,451.26
985,501.26
1,001,551.26
1,051,491.26
1,063,480.02
1,063,790.02
1,052,283.76
1,054,946.26
1,050,746.26
1,050,746.26
1,054,481.26
1,051,225.02
1,056,262.52
1,049,812.52
2,087,300.02
2,088,906.26
2,150,125.00
$24,893,967.76
Series 2007 Bonds
Total
Aggregate
Debt Service
Princi pal
Interest
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HISTORICAL COVERAGE OF DEBT SERVICE
BY THE SYSTEM NET REVENUES (1)
Fiscal Year Ending
Gross Revenues (2)
Cost of Operation
and Maintenance (3)
Net Revenues
Annual Debt Service
Coverage of Annual
Debt Service by Net
Revenues
Coverage of Maximum
Annual Debt Service
by Net Revenues (4)
2005
2006
$37,796,797
$43,772,051
30,583,508
7,213,289
$1,997,929
34,154,362
9,617,689
2,016,917
3.61
4.77
3.35
4.47
(1) Source: City of Clearwater, Annual Financial Reports.
(2) Includes interest earnings and gross revenues from System.
(3) Excludes depreciation (and similar noncash expenses)" amortization of bond
discount and issuance costs, bond interest and reserve adjustments.
(4) As of Fiscal Year 2006, Maximum Annual Debt Service on all Outstanding
Gas System Bonds was $2,150,125.
RATINGS
It is anticipated that Moody's Investors Service, Inc. and Fitch Ratings will assign
the Series 2007 Bonds ratings of "Aaa" and "AAA", respectively, with the understanding
that an insurance policy insuring the payment when due of the principal of and interest on
the Series 2007 Bonds will be issued by the Insurer. In addition, Moody's Investors Service,
Inc. has assigned the Series 2007 Bonds a rating of "A2" without regard to the issuance of
the insurance policy. Such ratings reflect the views of the rating agencies and an
explanation of the significance of such ratings may be obtained only from the rating
agencies furnishing the same. There is no assurance that such ratings may be continued
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for any given period of time or that they will not be revised downward or withdrawn
entirely by such rating agencies, if in its judgment, circumstances so warrant. Any such
downward revisions or withdrawal of such ratings may have an adverse effect on the
market price of the Series 2007 Bonds. For any additional description of ratings and their
meanings, Moody's Investors Service, Inc. and Fitch Ratings should be contacted.
LEGALITY
Certain legal matters in connection with the issuance of the Series 2007 Bonds are
subject to the approval of Bryant Miller and Olive P.A., Tallahassee, Florida, Bond Counsel,
whose Bond Counsel opinion will be available at the time of delivery of the Series 2007
Bonds. The proposed form of such opinion of Bond Counsel is attached to this Official
Statement as APPENDIX E. Certain legal matters will be passed upon for the City by
Pamela K. Akin, Esquire, City Attorney and by its disclosure counsel, Nabors, Giblin &
Nickerson, P.A., Tampa, Florida.
TAX EXEMPTION
Federal Income Tax Matters
The Internal Revenue Code of 1986, as amended (the "Code") establishes certain
requirements which must be met subsequent to the issuance and delivery of the Series 2007
Bonds in order that interest on the Series 2007 Bonds be and remain excluded from gross
income for purposes of federal income taxation. Non-compliance may cause interest on the
Series 2007 Bonds to be included in federal gross income retroactive to the date of issuance
of the Series 2007 Bonds regardless of the date on which such non-compliance occurs or is
ascertained. These requirements include, but are not limited to, provisions which prescribe
yield and other limits within which the proceeds of the Series 2007 Bonds and the other
amounts are to be invested and require that certain investment earnings on the foregoing
must be rebated on a periodic basis to the Treasury Department of the United States. The
City has covenanted in the Resolution to comply with such requirements in order to
maintain the exclusion from federal gross income of the interest on the Series 2007 Bonds.
In the opinion of Bond Counsel, assuming compliance with the aforementioned
covenants, under existing laws, regulations, judicial decisions and rulings, interest on the
Series 2007 Bonds is excluded from gross income of the holders thereof for purposes of
federal income taxation. Interest on the Series 2007 Bonds is not an item of tax preference
for purposes of the federal alternative minimum tax imposed on individuals or corporations;
however, interest on the Series 2007 Bonds may be subject to the alternative minimum tax
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when any Series 2007 Bond is held by a corporation. The alternative minimum taxable
income of a corporation must be increased by 75% of the excess of such corporation's
adjusted current earnings over its alternative minimum taxable income (before this
adjustment and the alternative tax net operating loss deduction). "Adjusted Current
Earnings" will include interest on the Series 2007 Bonds.
Except as described above, Bond Counsel will express no OpInIOn regarding the
federal income tax consequences resulting from the ownership of, receipt or accrual of
interest on, or disposition of Series 2007 Bonds. Prospective purchasers of Series 2007
Bonds should be aware that the ownership of Series 2007 Bonds may result in collateral
federal income tax consequences, including (i) the denial of a deduction for interest on
indebtedness incurred or continued to purchase or carry Series 2007 Bonds, (ii) the
reduction of the loss reserve deduction for property and casualty insurance companies by
15% of certain items, including interest on the Series 2007 Bonds, (iii) the inclusion of
interest on the Series 2007 Bonds in earnings of certain foreign corporations doing business
in the United States for purposes of a branch profits tax, (iv) the inclusion of interest on
Series 2007 Bonds in passive income subject to federal income taxation of certain S
corporations with Subchapter C earnings and profits at the close of the taxable year, and (v)
the inclusion of interest on the Series 2007 Bonds in "modified adjusted gross income" by
recipients of certain Social Security and Railroad Retirement benefits for purposes of
determining whether such benefits are included in gross income for federal income tax
purposes.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2007
BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE
ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND
CORPORATE REGISTERED OWNERS. PROSPECTIVE REGISTERED OWNERS
SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT
REGARD.
During recent years legislative proposals have been introduced in Congress, and in
some cases enacted that altered certain federal tax consequences resulting from the
ownership of obligations that are similar to the Series 2007 Bonds. In some cases these
proposals have contained provisions that altered these consequences on a retroactive basis.
Such alteration of federal tax consequences may have affected the market value of
obligations similar to the Series 2007 Bonds. From time to time, legislative proposals are
pending which could have an effect on both the federal tax consequences resulting from
ownership of Series 2007 Bonds and their market value. No assurance can be given that
legislative proposals will not be introduced or enacted that would or might apply to, or have
an adverse effect upon, the Series 2007 Bonds.
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Tax Treatment of Original Issue Discount
Under the Code, the difference between the maturity amount of the Series 2007
Bonds maturing in the years (the "Discount Bonds") and the initial offering
price to the public, excluding bond houses, brokers or similar persons or organizations
acting in the capacity of underwriters or wholesalers, at which price a substantial amount
of Series 2007 Bonds of the same maturity was sold is "original issue discount." Original
issue discount will accrue over the term of such Series 2007 Bonds at a constant interest
rate compounded periodically. A purchaser who acquires such Series 2007 Bonds in the
initial offering at a price equal to the initial offering price thereof to the public will be
treated as receiving an amount of interest excludable from gross income for federal income
tax purposes equal to the original issue discount accruing during the period he holds such
Series 2007 Bonds, and will increase his adjusted basis in such Series 2007 Bonds by the
amount of such accruing discount for purposes of determining taxable gain or loss on the
sale or other disposition of such Series 2007 Bonds. The federal income tax consequences of
the purchase, ownership and redemption, sale or other disposition of the Series 2007 Bonds
which are not purchased in the initial offering at the initial offering price may be
determined according to rules which differ from those above. Holders of such Series 2007
Bonds should consult their own tax advisors with respect to the precise determination for
federal income tax purposes of interest accrued upon sale, redemption or other disposition
of Series 2007 Bonds and with respect to the state and local tax consequences of owning and
disposing of such Series 2007 Bonds.
Tax Treatment of Bond Premium
The difference between the principal amount of the Series 2007 Bonds maturing in
the years (the "Premium Bonds") and the initial offering price to
the public (excluding bond houses, brokers or similar persons or organizations acting in the
capacity of underwriters or wholesalers) at which price a substantial amount of such
Premium Bonds of the same maturity was sold constitutes to an initial purchaser
amortizable bond premium which is not deductible from gross income for Federal income
tax purposes. The amount of amortizable bond premium for a taxable year is determined
actuarially on a constant interest rate basis over the term of each of the Premium Bonds
which term ends on the earlier of the maturity or call date for each of the Premium Bonds
which minimizes the yield on said Bonds to the purchaser. For purposes of determining
gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who
acquires such obligation in the initial offering to the public at the initial offering price is
required to decrease such purchaser's adjusted basis in such Premium Bond annually by
the amount of amortizable bond premium for the taxable year. The amortization of bond
premium may be taken into account as a reduction in the amount of tax-exempt income for
purposes of determining various other tax consequences of owning such Bonds. Owners of
the Premium Bonds are advised that they should consult with their own advisors with
respect to the state and local tax consequences of owning such Premium Bonds.
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Florida Tax Matters
On the date of delivery of the Series 2007 Bonds, Bond Counsel will issue an opinion
to the effect that under existing statutes, regulations and judicial decisions, the Series 2007
Bonds are exempt from all present intangible personal property taxes imposed by Chapter
199, Florida Statutes, as amended.
VERIFICATION OF MATHEMATICAL COMPUTATIONS
The arithmetical accuracy of certain computations included in the schedules
provided by RBC Capital Markets on behalf of the City relating to (a) computation of
forecasted receipts of principal and interest on the Federal Securities and the forecasted
payments of principal and interest to redeem the Refunded Bonds, and (b) computation of
the yields on the Refunding Bonds and the Federal Securities was examined by Barthe &
Wahrman, P.A., Minneapolis, Minnesota. Such computations were based solely upon
assumptions and information supplied by RBC Capital Markets on behalf of the City.
Barthe & Wahrman, P.A. has restricted its procedures to examining the arithmetical
accuracy of certain computations and has not made any study or evaluation of the
assumptions and information upon which the computations are based and, accordingly, has
not expressed an opinion on the data used, the reasonableness of the assumptions, or the
achievability of the forecasted outcome.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45, Florida Statutes, the City adopted a
written investment policy which applies to all funds held by or for the benefit of the City
Council (except for proceeds of bond issues which are deposited in escrow and debt service
funds and governed by their bond documents) and funds of Constitutional Officers and
other component units of the City.
The objectives of the investment policy, listed in order in order of importance, are:
1. Safety of principal
2. Provision of sufficient liquidity
3. Optimization of return within the constraints of safety and liquidity
The investment policy limits the securities eligible for inclusion in the City's
portfolio. The City will attempt to maintain a weighted average maturity of its investments
at or below three years; however, the average maturity of investments may not exceed four
years.
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To enhance safety, the investment policy requires the diversification of the portfolio
to reduce the risk of loss resulting from over-concentration of assets in a specific class of
security. The investment policy also requires the preparation of periodic reports for the
City Council of all outstanding securities by class or type, book value, income earned and
market value as of the report date.
Notwithstanding the foregoing, moneys held in the funds and accounts established
under the Bond Ordinance may be invested only in Permitted Investments, as described in
the Bond Ordinance.
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2007 Bonds under the Bond
Ordinance (and the policy of municipal bond insurance referred to herein) are in many
respects dependent upon judicial actions which are often subject to discretion and delay.
Under existing constitutional and statutory law and judicial decisions, including specifically
Title 11 of the United States Code, the remedies specified by the Federal Bankruptcy Code,
the Bond Ordinance and any policy of municipal bond insurance referred to herein may not
be readily available or may be limited. The various legal opinions to be delivered
concurrently with the delivery of the Series 2007 Bonds (including Bond Counsel's
approving opinion) will be qualified, as to the enforceability of the various legal
instruments, by limitations imposed by bankruptcy, reorganization, insolvency, or other
similar laws affecting the rights of creditors or by such principles of equity as the court
having jurisdiction may impose with respect to certain remedies which require or may
require enforcement by a court of equity.
LITIGATION
There is no litigation or controversy of any nature now pending or threatened (i) to
restrain or enjoin the issuance, sale, execution or delivery of the Series 2007 Bonds or (ii) in
any way questioning or affecting the validity of the Series 2007 Bonds, the Bond Ordinance,
any proceedings of the City taken with respect to the authorization, sale or issuance of the
Series 2007 Bonds or the pledge or application of any moneys provided for the payment of
the Series 2007 Bonds, including the Net Revenues of the System.
The City is a party from time to time in various law suits involving the City
generally, and believes that none of the actions currently pending will have a material
effect upon the finances of the City or of the System.
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GENERAL PURPOSE FINANCIAL STATEMENTS
The excerpts from the General Purpose Financial Statements and other information
of the City for the fiscal year ended September 30, 2006, are included in APPENDIX B to
this Official Statement. Such excerpts from the City's Comprehensive Annual Financial
Report, including the auditor's report thereon, have been included in this Official
Statement as public documents and consent from the auditors was not requested. The
auditors have not performed any services relating to, and are therefore not associated with,
the issuance of the Series 2007 Bonds.
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance of
the Series 2007 Bonds. These advisors and consultants are compensated from a portion of
the proceeds of the Series 2007 Bonds, identified as "Costs of Issuance" under the heading
"ESTIMATED SOURCES AND USES OF FUNDS" herein; and other compensation, is, in
some instances, contingent upon the issuance of the Bonds and the receipt of the proceeds
thereof.
Financial Advisor. The City has retained RBC Capital Markets, St. Petersburg,
Florida, as Financial Advisor. RBC Capital Markets is the name under which RBC Dain
Rauscher, Inc., a broker-dealer, conducts investment banking business. The fees of the
Financial Advisor will be paid from proceeds of the Series 2007 Bonds and such payment is
contingent upon the issuance of the Series 2007 Bonds.
Bond Counsel. Bryant Miller and Olive P.A., Tallahassee, Florida represents the
City as Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds,
and such payment is contingent upon the issuance of the Bonds.
Disclosure Counsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida represents
the City as Disclosure Counsel. The fees of Disclosure Counsel will be paid from proceeds of
the Bonds, and such payment is contingent upon the issuance of the Bonds.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial owners of the
Series 2007 Bonds to provide certain financial information and operating data relating to
the City by not later than June 1 in each year commencing June 1, 2007 (the "Annual
Report"), and to provide notices of the occurrence of certain enumerated events, if deemed
by the City to be material. The Annual Report will be filed by the City with each
Nationally Recognized Municipal Securities Information Repository ("NRMSIR"), and with
the State of Florida Repository, if and when created. The notices of material events will be
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filed by the City with the NRMSIR and with the State of Florida Repository, if and when
created. The specific nature of the information to be contained in the Annual Report or the
notices of material events is summarized below under the caption "APPENDIX D - FORM
OF CONTINUING DISCLOSURE CERTIFICATE." These covenants have been made in
order to assist the Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). The City has
never failed to comply in all material respects with any previous undertakings with regard
to said Rule to provide annual reports or notices of material events.
MISCELLANEOUS
All information included herein has been provided by the City, except where
attributed to other sources. The summaries of and references to all documents, statutes,
reports and other instruments referred to herein do not purport to be complete,
comprehensive or definitive, and each such reference or summary is qualified in its entirety
by reference to each such document, statute, report or other instrument. Copies of all such
documents referred to herein are on file with the City Clerk of the City at 112 South
Osceola Avenue, Clearwater, Florida 34616. The information herein has been compiled
from official and other sources and, while not guaranteed by the City, is believed to be
correct. As far as any statements made in this Official Statement and the appendices
attached hereto involve matters of opinion or of estimates, whether or not expressly stated,
they are set forth as such and not as representations of fact and no representation is made
that any of the estimates will be realized.
AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL
STATEMENT
The delivery of this Official Statement has been authorized by the City Council.
Concurrently with the delivery of the Series 2007 Bonds, the undersigned will furnish their
certificate to the effect that, to the best of their knowledge, this Official Statement did not
as of its date, and does not as of the date of delivery of the Series 2007 Bonds, contain any
untrue statement of a material fact or omit to state a material fact which should be
included therein for the purpose for which this Official Statement is to be used, or which is
necessary in order to make the statements contained therein, in the light of the
circumstances in which they were made, not misleading.
CITY OF CLEARWATER, FLORIDA
By:
Mayor
By:
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City Manager
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APPENDIX A
GENERAL INFORMATION RELATING TO
THE CITY OF CLEARWATER, FLORIDA
45
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APPENDIX B
EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA
GENERAL PURPOSE FINANCIAL STATEMENTS
AND OTHER INFORMATION FOR
THE FISCAL YEAR ENDED SEPTEMBER 30, 2006
Attachment number 2
Page 48 of 53
Item # 1
Attachment number 2
Page 49 of 53
APPENDIX C
SUMMARY OF CERTAIN PROVISIONS OF THE BOND ORDINANCE
Item # 1
APPENDIX D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
Attachment number 2
Page 50 of 53
Item # 1
Attachment number 2
Page 51 of 53
APPENDIX E
FORM OF BOND COUNSEL OPINION
Item # 1
Attachment number 2
Page 52 of 53
APPENDIX F
SPECIMEN BOND INSURANCE POLICY
Item # 1
Attachment number 2
Page 53 of 53
APPENDIX G
SCHEDULES OF RATES
Item # 1
Attachment number 3
Page 1 of 6
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered by the City of Clearwater, Florida (the "Issuer") in connection with the
issuance of its $ Gas System Revenue Refunding Bonds, Series 2007 (the
"Series 2007 Bonds"). The Series 2007 Bonds are being issued pursuant to Ordinance
No. 5118-91 enacted by the City Council of the City (the "Council") on August 15,1991
(the "Original Ordinance"), which authorized the issuance of Gas System Revenue
Bonds, Series 1997B (the "Series 1997B Bonds"), as amended and supplemented, as
further supplemented by Ordinance No. 7191-03, enacted on October 2, 2003, as
further supplemented by Ordinance No. 7423-05, enacted on April 21, 2005 and as
further supplemented (as so supplemented, the "Authorizing Ordinance") (the Original
Ordinance and the Authorizing Ordinance are collectively referred to as the
"Ordinance"). The Issuer covenants and agrees as follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This
Disclosure Certificate is being executed and delivered by the Issuer for the benefit of
the Series 2007 Bondholders and in order to assist the original underwriters of the
Series 2007 Bonds in complying with Rule 15c2-12(b)(5) promulgated by the Securities
and Exchange Commission ("SEC") pursuant to the Securities Exchange Act of 1934
(the "Rule").
SECTION 2. PROVISION OF ANNUAL INFORMATION. Except as
otherwise provided herein, the Issuer shall provide to all of the nationally recognized
municipal securities information repositories described in Section 4 hereof (the
"NRMSIRs"), and to any state information depository that is established within the
State of Florida (the "SID"), on or before June 30 of each year, commencing June 30,
2007, the information set forth below in this Section 2. Notwithstanding the
immediately preceding sentence, to the extent any such information does not become
available to the Issuer before June 30 of any year, the Issuer shall provide such
information when it becomes available, but no later than one year following the end of
the Issuer's Fiscal Year.
(A) the Issuer's Comprehensive Annual Financial Report for the immediately
preceding Fiscal Year (the "CAFR"), which shall include the audited financial
statements of the Issuer for the immediately preceding Fiscal Year prepared in
accordance with Generally Accepted Accounting Principles, as modified by applicable
State of Florida requirements and the governmental accounting standards
promulgated by the Government Accounting Standards Board; provided, however, if
the audited financial statements of the Issuer are not completed prior to April 30 of
any year, the Issuer shall provide unaudited financial statements on such date and
shall provide the audited financial statements as soon as practicable following their
completion; and
Item # 1
Attachment number 3
Page 2 of 6
(B) to the extent not set forth in the CAFR, additional financial information
and operating data of the type included with respect to the Issuer in the final official
statement prepared in connection with the sale and issuance of the Series 2007 Bonds
(as amended, the "Official Statement"), as set forth below:
1. Updates of the historical financial information set forth in the
Official Statement under the subheadings "Rates, Fees and Charges" and
"Service Area" under the principal caption "THE SYSTEM" and "HISTORICAL
COVERAGE OF MAXIMUM ANNUAL DEBT SERVICE BY THE SYSTEM
NET REVENUES" (for the then-immediately preceding five fiscal years.
2. Description of any additional indebtedness payable in whole or in
part from the System Net Revenues (as defined in the Ordinance).
3. Any other financial information or operating data of the type
included in the Official Statement which would be material to a holder or
prospective holders of the Series 2007 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year" means the period
commencing on October 1 and ending on September 30 of the next succeeding year, or
such other period of time provided by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. The Issuer shall
provide to the NRMSIRs or the Municipal Securities Rulemaking Board (the "MSRB")
and to the SID, on a timely basis, notice of any of the following events, if such event is
material with respect to the Series 2007 Bonds or the Issuer's ability to satisfy its
payment obligations with respect to the Series 2007 Bonds:
(A)
Principal and interest payment delinquencies;
(B)
Non-payment related defaults;
(C)
difficulties;
Unscheduled draws on the debt service reserve fund reflecting financial
(D)
Unscheduled draws on credit enhancement reflecting financial difficulties;
(E)
Substitution of credit or liquidity providers, or their failure to perform;
(F)
Adverse tax opinions or events affecting the tax-exempt status of the
Series 2007 Bonds;
(G)
Modifications to rights of Series 2007 Bondholders;
2
Item # 1
Attachment number 3
Page 3 of 6
(H) Redemptions;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the Series
2007 Bonds;
(K) Rating changes; and
(L) Notice of any failure on the part of the Issuer or any other Obligated
Person (as defined herein) to meet the requirements of Section 2 hereof.
The Issuer may from time to time, in its discretion, choose to provide notice of
the occurrence of certain other events, in addition to those listed in this Section 3, if, in
the judgment of the Issuer, such other events are material with respect to the Series
2007 Bonds, but the Issuer does not specifically undertake to commit to provide any
such additional notice of the occurrence of any material event except those events listed
above.
Whenever the Issuer obtains knowledge of the occurrence of a significant event
described in this Section 3, the Issuer shall as soon as possible determine if such event
would be material under applicable federal securities law to holders of Series 2007
Bonds, provided, that any event under clauses (D), (E), (F), (K) or (L) above will always
be deemed to be material.
SECTION 4. NRMSIRs. The NRMSIRs to which the Issuer shall
provide the information described in Sections 2 and 3 above, to the extent required,
shall be the following organizations, their successors and assigns:
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: (609) 279 3225
Fax: (609) 279 5962
http://www.bloomberg.com/mar kets/m uni_contactinfo.html
Email: Munis@Bloomberg.com
DPC Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Phone: (201) 3460701
3
Item # 1
Attachment number 3
Page 4 of 6
Fax: (201) 9470107
http://www.dpcdata.com
Email: nrmsir@dpcdata.com
FT Interactive Data
NRMSIR
100 William Street
New York, New York 10038
Phone: (212) 771-6999
Fax: (212) 771-7390 (Secondary Market Information)
(212) 771-7391 (Primary Market Information)
http://www.interactivedata.com
Email: NRMSIR@FTID.com
Standard & Poor's Securities Evaluations, Inc.
55 Water Street
45th Floor
New York, NY 10041
Phone: (212) 438-4595
Fax: (212) 438-3975
www.jjkenny.com/jjkenny/pser_ descri p_ data_rep .html
Email: nrmsir_repository@sandp.com
A list of the names and addresses of all designated NRMSIRs as of any date may
currently be obtained by calling the SEC's Fax on Demand Service at 202/942-8088 and
requesting document number 0206 or by visiting the SEC's web site at
www.sec.gov/info/municipal/nrmsir.
In lieu of filing with the NRMSIRs and SIDs, the Dissemination Agent may
provide the required information to:
Disclosure USA.org
P.O. Box 684667
Austin, Texas 78768-4667
http://www . disclosureusa.org
Fax: (512) 476-6403
or any other designated central post office hereafter approved by the SEC until such
time as the SEC has withdrawn such interpretive approval.
SECTION 5. NO EVENT OF DEFAULT. Notwithstanding any other
provision in the Ordinance to the contrary, failure of the Issuer to comply with the
provisions of this Disclosure Certificate shall not be considered an event of default
4
Item # 1
Attachment number 3
Page 5 of 6
under the Ordinance; provided, however, any Series 2007 Bondholder may take such
actions as may be necessary and appropriate, including pursuing an action for
mandamus or specific performance, as applicable, by court order, to cause the Issuer to
comply with its obligations hereunder. For purposes of this Disclosure Certificate,
"Series 2007 Bondholder" shall mean any person who (A) has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series
2007 Bonds (including persons holding Series 2007 Bonds through nominees,
depositories or other intermediaries), or (B) is treated as the owner of any Series 2007
Bond for federal income tax purposes.
SECTION 6. INCORPORATION BY REFERENCE. Any or all of the
information required herein to be disclosed may be incorporated by reference from
other documents, including official statements or debt issues of the Issuer of related
public entities, which have been submitted to each of the NRMSIRs and the SID, if
any, or the SEC. If the document incorporated by reference is a final official statement,
it must be available from the MSRB. The Issuer shall clearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, from time to
time, appoint or engage a dissemination agent to assist it in carrying out its obligations
under this Disclosure Certificate, and may discharge any such agent, with or without
appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this
Disclosure Certificate shall terminate upon (A) the legal defeasance, prior redemption
or payment in full of all of the Series 2007 Bonds, or (B) the termination of the
continuing disclosure requirements of the Rule by legislative, judicial or administrative
action.
SECTION 9. AMENDMENTS. Notwithstanding any other
provision of this Disclosure Certificate, the Issuer may amend this Disclosure
Certificate, and any provision may be waived, if such amendment or waiver is
supported by an opinion of counsel that is nationally recognized in the area of federal
securities laws, to the effect that such amendment or waiver would not, in and of itself,
cause the undertakings herein to violate the Rule if such amendment or waiver had
been effective on the date hereof but taking into account any subsequent change in or
official interpretation of the Rule.
SECTION 10. ADDITIONAL INFORMATION. Nothing in this
Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any
other information, using the means of dissemination set forth in this Disclosure
Certificate or any other means of communication, or including any other information in
its annual information described in Section 2 hereof or notice of occurrence of a
5
Item # 1
Attachment number 3
Page 6 of 6
significant event described in Section 3 hereof, in addition to that which is required by
this Disclosure Certificate. If the Issuer chooses to include any information in its
annual information or notice of occurrence of a significant event in addition to that
which is specifically required by this Disclosure Certificate, the Issuer shall have no
obligation under this Disclosure Certificate to update such information or include it in
its future annual information or notice of occurrence of a significant event.
SECTION 11. OBLIGATED PERSONS. If any person, other than the
Issuer, becomes an Obligated Person (as defined in the Rule) relating to the Series
2007 Bonds, the Issuer shall use its best efforts to require such Obligated Person to
comply with all provisions of the Rule applicable to such Obligated Person.
Dated as of June , 2007
ATTEST:
CITY OF CLEARWATER, FLORIDA
By:
By:
City Clerk
Mayor
6
Item # 1
Attachment number 4
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Page 1 of 6
EXHIBIT F
FINANCIAL GUARANTY INSURANCE
Definitions
The following definitions shall be applicable to this Resolution:
"Ambac Assurance" shall mean Ambac Assurance Corporation, a Wisconsin-domiciled
stock insurance company.
"Financial Guaranty Insurance Policy" shall mean the financial guaranty insurance
policy issued by Ambac Assurance insuring the payment when due of the principal of on the
Series 2007 Bonds as provided therein.
Covenants Regarding Ambac Assurance Consent Rights
Consent of Ambac Assurance.
Any provision of this The Bond Ordinance or this Resolution (the "Series 2007
Authorizing Documents") expressly recognizing or granting rights in or to Ambac Assurance
may not be amended in any manner which affects the rights of Ambac Assurance hereunder
without the prior written consent of Ambac Assurance. Ambac Assurance reserves the right to
charge the Issuer a fee for any consent or amendment to the Series 2007 Authorizing Documents
while the Financial Guaranty Insurance Policy is outstanding.
Consent of Ambac Assurance in Lieu of Holder Consent.
Unless otherwise provided in the Series 2007 Authorizing Documents, and so long as
there is not event of default occurring or continuing under the Financial Guarantee Insurance
Policy or the Reserve Surety and no solvency of Ambac Assurance, Ambac Assurance consent
shall be required in addition to Holder consent, when required for purposes: (i) execution and
delivery of any supplemental Ordinance or Resolution which seeks to amend the Series 2007
Authorizing Documents as such apply to the Series 2007 Bonds and (ii) initiation or approval
of any action not described in (i) or (ii) above which requires Holder consent.
Consent of Ambac Assurance in the Event of Insolvency
Any reorganization or liquidation plan with respect to the Issuer must be acceptable to
Ambac Assurance. In the event of any reorganization or liquidation, Ambac Assurance shall
have the right to vote on behalf of all Holders who hold Ambac Assurance-insured Series 2007
Bonds absent the default by Ambac Assurance under the applicable Financial Guaranty
Insurance Policy insuring such Series 2007 Bonds.
Item # 1
Attachment number 5
Page 2 of 6
Consent of Ambac Assurance Upon Default.
Anything in this Series 2007 Authorization Documents to the contrary notwithstanding,
upon the occurrence and continuance of an event of default as defined herein, Ambac
Assurance shall be entitled to control and direct the enforcement of all rights and remedies
granted to the Holders or the Trustee for the benefit of the Holders under the Series 2007
Authorization Documents.
Notices/Information To Be Given To Ambac Assurance
Notices to be sent to the attention of the SURVEILLANCE DEPARTMENT:
A. While the Financial Guaranty Insurance Policy is in effect, the Issuer shall furnish
to Ambac Assurance, upon request, the following:
(a) a copy of any financial statement, audit and/or annual report of the Issuer
(b) such additional information it may reasonably request.
Upon request, such information shall be delivered at the Issuer's expense to the
attention of the Surveillance Department, unless otherwise indicated.
B. a copy of any notice to be given to the registered owners of the Series 2007
Bonds, including, without limitation, notice of any redemption of or defeasance of Series 2007
Bonds, and any certificate rendered pursuant to the Series 2007 Authorizing Documents relating
to the security for the Series 2007 Bonds.
C. To the extent that the Issuer has entered into a continuing disclosure agreement
with respect to the Series 2007 Bonds, Ambac Assurance shall be included as party to be
notified.
Notices to be sent to the attention of the GENERAL COUNSEL OFFICE:
A. The Issuer shall notify Ambac Assurance of any failure of the Issuer to provide
relevant notices, certificates, etc.
B. Notwithstanding any other provision of the Series 2007 Authorizing Documents,
the Issuer shall immediately notify Ambac Assurance if at any time there are insufficient
moneys to make any payments of principal and/or interest as required and immediately upon
the occurrence of any event of default hereunder.
Other Information to be given to Ambac Assurance:
The Issuer will permit Ambac Assurance to discuss the affairs, finances and accounts of
the Issuer or any information Ambac Assurance may reasonably request regarding the security
for the Series 2007 Bonds with appropriate officers of the Issuer. The Issuer will permit Ambac
Assurance to have access to the project and to make copies of all books and records relating to
the Series 2007 Bonds at any reasonable time.
Item # 1
Attachment number 5
Page 3 of 6
Defeasance Language
A. The definition of "Outstanding" Obligations or obligations, or any like concept,
should specifically include Obligations or obligations which fall into the category described
below.
B. The defeasance section of the Series 2007 Authorizing Documents should include
the following Language:
Notwithstanding anything herein to the contrary, in the event that the principal and/or
interest due on the Obligations shall be paid by Ambac Assurance Corporation pursuant to the
Financial Guaranty Insurance Policy, the Obligations shall remain Outstanding for all purposes,
not be defeased or otherwise satisfied and not be considered paid by the Obligor, and the
assignment and pledge of the Trust Estate and all covenants, agreements and other obligations
of the Obligor to the registered owners shall continue to exist and shall run to the benefit of
Ambac Assurance, and Ambac Assurance shall be shall be subrogated to the rights of such
registered owners.
Payment Procedure Pursuant to the Financial Guaranty Insurance Policy
1. As long as the Obligation insurance shall be in full force and effect, the Issuer
and the Paying Agent agree to comply with the following provisions:
(a) At least one (1) business day prior to all Interest Payment Dates the
Trustee or Paying Agent, will determine whether there will be sufficient funds in the Funds and
Accounts to pay the principal of or interest on the Series 2007 Bonds on such Interest Payment
Date. If the Paying Agent, determines that there will be insufficient funds in such Funds or
accounts, the Paying Agent, shall so notify Ambac Assurance. Such notice shall specify the
amount of the anticipated deficiency, the Series 2007 Bonds to which such deficiency is
applicable and whether such Series 2007 Bonds will be deficient as to principal or interest, or
both. If the Paying Agent has not so notified Ambac Assurance at least one (1) business day
prior to an Interest Payment Date, Ambac Assurance will make payments of principal or
interest due on the Series 2007 Bonds on or before the first (1st) business day next following the
date on which Ambac Assurance shall have received notice of nonpayment from the Paying
Agent.
(b) the Paying Agent, shall, after giving notice to Ambac Assurance as
provided in (a) above, make available to Ambac Assurance and, at Ambac Assurance's
direction, to The Bank of New York, in New York, New York, as insurance trustee for Ambac
Assurance or any successor insurance trustee (the "Insurance Trustee"), the registration books
of the Issuer and all records relating to the Funds and Accounts maintained under the Series
2007 Authorizing Documents.
Item # 1
Attachment number 5
Page 4 of 6
(c) the Paying Agent shall provide Ambac Assurance and the Insurance
Trustee with a list of registered owners of Series 2007 Bonds entitled to receive principal or
interest payments from Ambac Assurance under the terms of the Financial Guaranty Insurance
Policy, and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to
the registered owners of Series 2007 Bonds entitled to receive full or partial interest payments
from Ambac Assurance and (ii) to pay principal upon Series 2007 Bonds surrendered to the
Insurance Trustee by the registered owners of Series 2007 Bonds entitled to receive full or
partial principal payments from Ambac Assurance.
(d) the Paying Agent shall, at the time it provides notice to Ambac Assurance
pursuant to (a) above, notify registered owners of Series 2007 Bonds entitled to receive the
payment of principal or interest thereon from Ambac Assurance (i) as to the fact of such
entitlement, (ii) that Ambac Assurance will remit to them all or a part of the interest payments
next coming due upon proof of Holder entitlement to interest payments and delivery to the
Insurance Trustee, in form satisfactory to the Insurance Trustee, of an appropriate assignment
of the registered owner's right to payment, (iii) that should they be entitled to receive full
payment of principal from Ambac Assurance, they must surrender their Series 2007 Bonds
(along with an appropriate instrument of assignment in form satisfactory to the Insurance
Trustee to permit ownership of such Series 2007 Bonds to be registered in the name of Ambac
Assurance) for payment to the Insurance Trustee, and not the Paying Agent and (iv) that should
they be entitled to receive partial payment of principal from Ambac Assurance, they must
surrender their Series 2007 Bonds for payment thereon first to the Paying Agent, who shall note
on such Series 2007 Bonds the portion of the principal paid by the Paying Agent and then, along
with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee, to
the Insurance Trustee, which will then pay the unpaid portion of principal.
(e) in the event that the Paying Agent has notice that any payment of
principal of or interest on the Series 2007 Bonds which has become Due for Payment and which
is made to a Holder by or on behalf of the Issuer has been deemed a preferential transfer and
theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code
by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having
competent jurisdiction, the Paying Agent shall, at the time Ambac Assurance is notified
pursuant to (a) above, notify all registered owners that in the event that any registered owner's
payment is so recovered, such registered owner will be entitled to payment from Ambac
Assurance to the extent of such recovery if sufficient funds are not otherwise available, and the
Paying Agent shall furnish to Ambac Assurance its records evidencing the payments of
principal of and interest on the Series 2007 Bonds which have been made by the Paying Agent
and subsequently recovered from registered owners and the dates on which such payments
were made.
(f) in addition to those rights granted Ambac Assurance under the Series
2007 Authorizing Documents, Ambac Assurance shall, to the extent it makes payment of
principal of or interest on Series 2007 Bonds, become subrogated to the rights of the recipients of
such payments in accordance with the terms of the Financial Guaranty Insurance Policy, and to
Item # 1
Attachment number 5
Page 5 of 6
evidence such subrogation (i) in the case of subrogation as to claims for past due interest, the
Paying Agent shall note Ambac Assurance's rights as subrogee on the registration books of the
Issuer maintained by the Paying Agent upon receipt from Ambac Assurance of proof of the
payment of interest thereon to the registered owners of the Series 2007 Bonds, and (ii) in the
case of subrogation as to claims for past due principal, the Paying Agent shall note Ambac
Assurance's rights as subrogee on the registration books of the Issuer maintained by the Paying
Agent upon surrender of the Series 2007 Bonds by the registered owners thereof together with
proof of the payment of principal thereof.
2. The Obligor hereby covenants and agrees that it shall reimburse Ambac
Assurance for any amounts paid under the Financial Guaranty Insurance Policy and all costs of
collection thereof and enforcement of this Series 2007 Authorizing Documents and any other
documents executed in connection with this Series 2007 Authorizing Documents, together with
interest thereon, from the date paid or incurred by Ambac Assurance until payment thereof in
full by the Obligor, payable a the Insurer Payment Rate (as hereinafter defined), including
without limitation (to the extent permitted by applicable law) interest on claims paid by Ambac
Assurance in respect of interest on the Series 2007 Bonds. Such payment obligation shall be
payable on demand and on a parity with and from the same sources and secured by the same
security as, regularly scheduled principal and interest payments in respect of the Series 2007
Bonds. For purposes of the foregoing, "Insurer Payment Rate" shall mean the lesser of (a) the
maximum rate permissible under applicable usury or similar laws limiting interest rates (b) the
great of (i) and then applicable highest rate of interest on the Series 2007 Bonds and (ii) the per
annum rate of interest, publicly announced from time to time by JP Morgan Chase Bank, N.A.
("Chase") at its principal office in the City of New York, as its prime or base lending rate
("Prime Rate") (any change in such Prime Rate shall be computed on the basis of the actual
number of days elapsed over a year of 360 days. In the event that Chase ceases to announce its
Prime Rate publicly, Prime Rate shall be publicly announced prime or base lending rate of such
national bank as Ambac Assurance shall specify.
Interested Parties
Ambac As Third Party Beneficiary.
To the extent that the Series 2007 Authorizing Documents confers upon or gives or
grants to Ambac any right, remedy or claim under or by reason of the Series 2007 Authorizing
Documents, Ambac is hereby explicitly recognized as being a third-party beneficiary
hereunder and may enforce any such right remedy or claim conferred, given or granted
hereunder.
Parties Interested Herein.
Nothing in the Series 2007 Authorizing Documents expressed or implied is intended or
shall be construed to confer upon, or to give or grant to, any person or entity, other than the
Issuer, the Trustee, the Paying Agent, and the registered owners of the Series 2007 Bonds, any
right, remedy or claim under or by reason of the Series 2007 Authorizing Documents or any
Item # 1
Attachment number 5
Page 6 of 6
covenant, condition or stipulation hereof, and all covenants, stipulations, promises and
agreements in the Series 2007 Authorizing Documents contained by and on behalf of the Issuer
shall be for the sole and exclusive benefit of the Issuer, Ambac Assurance, the Paying Agent
and the registered owners of the Obligations.
The insurance provided by Financial Guaranty Insurance Policy is not covered
by the property/casualty insurance security fund specified by the insurance laws of the State of
New York.
Item # 1
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve soliciting a request for proposal (RFP #28-07) for the operation, maintenance and programming of the North Greenwood
Recreation and Aquatics Complex located at 900 North MLK Ave. from qualified organizations. (consent)
SUMMARY:
During preliminary budget hearings the City Council directed staff to look into the possibility of having a third party provide the
operation, maintenance and programming of the North Greenwood Recreation and Aquatics Complex (NGRAC) as a way of
reducing the city budget.
Staff has prepared a RFP for this purpose and is seeking Council approval to move forward with the RFP in order to determine if
this is in fact a feasible alternative to reduce the budget.
Section 2.0l5(V) ofthe City Charter provides that recreation/open space property may only be leased for an existing use. The
property may not be otherwise transferred without a referendum.
The RFP is written in such a way that requires all eligible applicants to cover all the costs associated with the operation,
maintenance and programming of the Complex with no financial or in-kind assistance such as maintaining the grounds,
maintenance of CIP items, i.e. air conditioners, roof resurfacing, pool marciting, etc. at a level consistent with other City
recreation complexes. The successful applicant will need to have the ability to provide access to the general public without having
to become a member of another organization. Facility must be available to the general public and they cannot be excluded due to
non-membership. Any fee structure cannot exceed the rates charged at any ofthe City's existing complexes. In addition, the cost
of property insurance as well as other insurance must be obtained by the successful applicant.
Some of the areas the applicant will be evaluated on are as follows:
Successful experience in Pinellas County providing recreation programs at a large facility
Successful experience managing and financing a large recreation facility with an operating budget in excess of $800,000.
Results from references
Proven financial stability and ability to fund operations of this size and scope without City assistance
Longevity of applicant providing these services.
Ability to partner with public and private sector and proven ability to raise funds to support operations.
If approved, the RFP will be released on June 18, 2007 with recommendations back to the Council for final consideration,
approval and presentation on September 6, 2007 with a start date for the lease to the successful applicant beginning October 1,
2007.
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Parks and Recreation 4) Office of Management and
Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk
Cover Memo
Item # 2
Attachment number 1
Page 1 of 24
CITY OF CLEARWATER
REQUEST FOR PROPOSALS
NORTH GREENWOOD RECREATION AND AQUATICS COMPLEX
OPERATION, MAINTENANCE AND PROGRAMMING
RFP #28-07
TO BE OPENED 4:00 P.M. EST
JULY 18, 2007
PURCHASING OFFICE
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE
CLEARWATER, FL 33756-5520
Item # 2
Attachment number 1
Page 2 of 24
1.0 INTRODUCTION
1.1 GENERAL PURPOSE
The City of Clearwater is seeking proposals for the operation, maintenance and
programming of North Greenwood Recreation and Aquatics Complex located at 900 N.
Martin Luther King Jr. Avenue, Clearwater, Florida 33755.
The purpose is to determine the best proposal that will satisfy the needs and interests of
the citizens of Clearwater, specifically an area 2 miles in radius from the Complex,
including the neighborhood known as the North Greenwood Community, regarding the
programming, maintenance, and operation of the North Greenwood Recreation and
Aquatics Complex. Special emphasis will be given to those organizations that have
experience and a proven history of operating a municipal style "public" recreation center
and meeting the developmental needs of youth, providing positive recreational and
learning experiences for the children and adults of Clearwater and providing a sense of
place in the Community for all residents. Intent of the applicant's programming should be
to offer a wide variety of recreational and educational opportunities to the general
population from children to adults similar to the existing programming now in place at the
recreation complex and other City recreation complexes.
The City will negotiate an agreement with the applicant whose proposal is most
responsive to this RFP and is in the best interest of the City. The instructions contained
herein must be followed to be considered responsive to this RFP. The City reserves the
right to reject any or all responses.
1.2 SCOPE OF PROJECT
The City of Clearwater constructed a new recreation center and aquatics complex in 2002
to replace the Holt Avenue Pool and Holt Avenue Youth Center. In addition, the City
turned over the operations of the Martin Luther Community Center to the African
American Leadership Council (AALC) consolidating staff and resources to operate the
new complex on Martin Luther King Jr. Ave. The City has programmed this facility for
the past 5 years and prior to that programmed the Holt Avenue facilities for over 50 years
and the Martin Luther King Jr. Center for over 30 years. The complex currently offers a
wide variety of recreational opportunities including indoor recreation, programmed
classes and instruction, camps, and free time in the gym, pool and fitness room. See
Attachment "A" for a sample of programming and activities currently being offered.
Item # 2
Attachment number 1
Page 3 of 24
The site consists of approximately 6.0 acres MOL, and takes up an entire City block
which is bounded by Martin Luther King Jr. Blvd on the East, Pennsylvania Avenue on
the West, Palmetto Street on the north and Seminole Street on the south. The Center is
located due west of the Jack Russell Stadium and the North Greenwood Branch Library.
The building is a concrete block structure consisting of approximately 28,000 square feet
with a 15,000 square foot aquatics area and a 1,600 square foot playground. Indoor space
consists of two regulation sized gymnasiums, fully equipped fitness room, teen room, arts
and crafts room, 3 meeting/program rooms, sound studio, concession area, office area and
reception counter, restroom/locker/shower facilities, 3 secured outdoor patio program
areas. The aquatics complex consists of 3 pools; a 5 lane 25 yard pool with ADA
accessibility ramp and diving well; a 140 foot long 20 foot high slide pool area; and a zero
depth water playground area with a connected training pool. Other amenities at the pool
include several shaded areas with lounge chairs and tables, landscaping and showers. The
playground is a modern up-to-date, colorful safe playground with proper fall zones and
mulched landing surfaces. The playground includes play apparatus for children from 4
years old to 12 years old. Also, included on site is a 400 square foot storage building and
62 paved parking spaces and 54 grass parking spaces as well as a well landscaped areas
around the perimeter of the building and parking lot as well as the pool area.
The City of Clearwater currently operates this complex as part of its overall delivery
service to the citizens of Clearwater. The current model for the department is to provide
strategically located Community Centers and Complexes rather than smaller
neighborhood centers to meet the needs of the community. The larger complexes have the
ability to meet many community needs and produce revenue while neighborhood centers
are not equipped to do so nor do they have the amenities that the Complex can provide.
The 2005-2006 budget of the Complex including the Aquatics area, the Center and the
Day Camp was $755,140 and generated approximately $160,800 in revenue utilizing 15.5
Full Time Equivalent employees. (Please note: The City will not be providing funding or
in-kind support for the operation of this facility.)
An aerial and location map showing the existing center and other City-owned property
included in this RFP is attached as Attachment "B". The specific items the City will be
looking for in the applicant are as follows:
a. Ability to provide total maintenance and operation of the center, both the
indoor and outdoor components of the site which will include grounds
maintenance as well pool maintenance and playground maintenance at a level
consistent with other City recreation complexes.
Item # 2
Attachment number 1
Page 4 of 24
b. Ability to inspect the Playground on a weekly basis by a certified playground
maintenance inspector certified by the National Recreation and Park
Association.
c. Ability to provide children, youth, adult and family programs that will
enhance the residents of the community in these areas: education,
technology, arts, cultural diversity, health, exercise and recreation. All
programs offered should be at the same professional level that are being
currently offered at other City recreation complexes.
d. Ability to provide access to the general public without having to become a
member of another organization. Facilities must be available to the general
public and they cannot be excluded because of non-membership. Any fee
structure may not exceed the rates charged at any of the City's existing
complexes.
e. Ability to work with the various Neighborhood Associations, other
partnerships and other community groups to promote the welfare of the City,
including providing meeting space, etc. at no cost during typical operating
hours.
f. Ability to provide for all costs associated with the operation and maintenance
of the complex, including utilities, grounds maintenance, personnel, etc.
without having to seek additional funds from the City for such operations
(copy of current City budget is attached as Attachment "c" for reference).
Ability to provide building maintenance for all structural components and
buildings on site and in addition associated capital repairs. (Items in excess
of $5,000 and life expectance of greater than 5 years; i.e. AC
repairs/replacement; Roof replacement; Marciting the pool etc.)
g. Be willing to provide goals, vision, objectives, and plans of the organization
applying for this proposal. Programs must advance the City of Clearwater's
Vision and Mission and the Parks and Recreation Department's Mission (see
attached Attachment "D").
h. Provide annual financial information relative to the operation of the facility
and programs including number of participants and programs offered.
1. Provide for all equipment, supplies, and staff to operate and maintain the
center.
Item # 2
Attachment number 1
Page 5 of 24
J.
Provide for appropriate background screening for all staff according to
Florida Statutes for the operation of a public recreation facility.
1.3
TIME SCHEDULE
The City will utilize the following timetable with the goal of selection. This schedule may
be changed solely at the City's discretion.
JUNE 18, 2007
Release Date ofRFP
JUL Y 2, 2007
Mandatory Proposer's Conference - North Greenwood
Recreation and Aquatics Complex, 900 N. Martin Luther King
Jr. Avenue, (in the Art Room) Clearwater, FL 33755 at 3:30
p.m.
JULY 9, 2007
Last date for clarification questions. Answers to all questions of
clarification will be sent to applicants on this date.
JUL Y 18, 2007
RFP Openings - 100 South Myrtle Avenue, Third Floor,
Clearwater, FL 33756 at 4 PM
JUL Y 25, 2007
Shortlist and Notification of Applicants for Oral
PresentationJInterviews
AUG. 8,2007
Oral Presentations to Selection Committee and Public
SEPT. 6, 2007
Recommend Proposal (Presentation) and operational lease
agreement to the City Council for their approval
SEPT. 13,2007
Complete Agreement between the City and Proposer
OCT. 1,2007
Begin Lease
Item # 2
Attachment number 1
Page 6 of 24
2.0 INSTRUCTIONS FOR PREPARATION OF PROPOSALS
2.1 GENERAL
All prospective applicants shall provide sufficient information and data to fully allow a
complete evaluation of the information to be made. Information and data submitted by
each applicant will become a part of the proposals.
2.2 PROPOSAL SUBMISSION
Proposals shall be delivered to the City's Purchasing Manager, City of Clearwater, 100
South Myrtle Avenue, Clearwater, FL 33756, prior to the opening time of 4:00 p.m. on
July 18, 2007.
The delivery of proposals to the City of Clearwater Purchasing Office prior to the
specified date and time is solely and strictly the responsibility of the applicant. The City
shall not, under any circumstances, be responsible for delays caused by the United States
Postal Service or any private delivery service, or for delays caused by any other
occurrence. All responses must be manually and duly signed by an authorized corporate
officer, principal, or partner with the authority to bind said applicant.
All responses must be marked on the outside:
"Request to Operate, Maintain and Program North Greenwood Recreation
and Aquatics Complex" to be opened at 4:00 p.m., EST, July 18,2007.
The applicant is solely responsible for reading and completely understanding the
requirements of this RFP. Under no circumstances shall proposals delivered after the
specified delivery date/time be considered. Late submissions shall be returned unopened
to the applicant with the notation "The proposals were received after the delivery time
designated for the receipt and opening of the proposals."
The applicant shall submit seven (7) copies of their entire proposal.
The City may waive any informalities, irregularities, or variances, whether technical or
substantial in nature or reject any and all proposals at its discretion.
2.3 PROPOSAL CONTENT
Each proposal should include the following:
Item # 2
Attachment number 1
Page 7 of 24
a. An introduction outlining the applicant's qualifications, experience,
and understanding of maintaining and operating a facility open to the
public, and conducting youth, adult and family programs for the
community. Include organization's current goals, vision and
objectives.
b. Qualifications and experience of personnel, including the
Administrator or Project Manager, Playground Inspector and other key
personnel.
c. Structure of program, including a detailed outline of the goals and
outcomes of the youth, adult and family programming and services to
be offered at the center.
d. Demonstrate need for programs being proposed within the North
Greenwood Community as well as neighborhoods within a 2-mile
radius of the complex.
e. Provide detailed financial information to determine if the applicant has
the needed resources and backing to be successful with this project,
including last three (3) years audit and detailed listing of past
alternative funding sources, such as grants and donations.
f Provide an operational and program budget and proposed sources of
funding for the operation of the Complex.
g. Provide ten (10) references, which reflect a demonstrated ability to
work with the community, with at least one reference each from a
youth participant, adult participant, community-based organization,
government body, and private sector employer.
h. Provide results, in measurable terms, which demonstrate the success of
past programs and operations of a recreation center/complex.
1. Any other information which may be of benefit to the City of
Clearwater in making a decision on the successful applicant.
J. Provide information relative to the applicant's experience in
developing new community-based recreation and educational
programs.
Item # 2
Attachment number 1
Page 8 of 24
k. Provide information to demonstrate the applicant's ability to partner
with other groups and organizations within the community, to meet the
needs of the community.
1. Provide information to demonstrate applicant's ability to raise funding.
2.4 INQUIRIES AND ADDENDA
Each applicant shall examine all RFP documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquiries, suggestions, or requests
concerning an interpretation, clarification, or additional information pertaining to the RFP
shall be made through the City of Clearwater's Purchasing Manager, George McKibben,
at P.O. Box 4748, Clearwater, FL 33758-4748; 100 South Myrtle Avenue, Clearwater, FL
33756; or FAX 727-562-4635. The City shall not be responsible for oral interpretations
given by any City employee, representative, or others. The issuance of a written
addendum is the only official method whereby interpretation, clarification, or additional
information can be given. If any addenda are issued to this RFP, the City will attempt to
notify all prospective applicants who have secured same. However, it shall be the
responsibility of each applicant, prior to submitting the proposals, to contact the City of
Clearwater's Purchasing Manager (727-562-4634) to determine if addenda were issued
and to make such addenda a part of the proposal.
2.5 INNOVATIVE/CREATIVE FEATURES
Describe any innovative/creative programming or funding methods used by the applicant
for this proposal.
2.6 INSURANCE
Insurance requirements must be in place prior to program start-up.
a. Liability Insurance
The applicant shall furnish, pay for, and maintain during the life of the
contract with the City the following liability coverage:
. Comprehensive General Liability Insurance on an "occurrence" basis
in an amount not less than $500,000 combined single-limit Bodily
Injury Liability and Property Damage Liability.
Item # 2
Attachment number 1
Page 9 of 24
. Workers' Compensation Insurance applicable to its employees, if any,
for statutory coverage limits in compliance with Florida laws.
. Property Insurance for all structures and contents on the site owned by
the City or Agency. Structures should be at full replacement costs.
b. Additional Insured
The City is to be specifically included as an additional insured on all
liability and property coverage described above.
c. Business Automobile Liability Insurance
Insurance in the amount of at least $500,000, providing Bodily Injury
Liability and Property Damage Liability.
d. Notice of Cancellation or Restriction
All policies of insurance must be endorsed to provide the City with
thirty (30) day notice of cancellation or restriction.
e. Certificates of Insurance/Certified Copies of Policies
The applicant shall provide the City with a certificate or certificates of
insurance showing the existence of the coverage required by this RFP.
The applicant will maintain this coverage with a current certificate or
certificates of insurance throughout the term stated in the proposal.
When specifically requested by the City in writing, the applicant will
provide the City with certified copies of all policies of insurance as
required above. New certificates and new certified copies of policies,
if certified copies of policies have been requested, shall be provided
the City whenever any policy is renewed, revised, or obtained from
other insurers.
f The address where such certificates and certified policies shall be sent
or delivered is as follows:
City of Clearwater
Attention: Parks and Recreation Department
P.O. Box 4748
Clearwater, FL 33758-4748
g. The applicant 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
Item # 2
Attachment number 1
Page 10 of 24
directly or indirectly from the performance by the applicant, its
employees, subcontractors, or assigns, including legal fees, court
costs, or other legal expenses. Applicant acknowledges that it is
solely responsible for complying with the terms of this RFP. In
addition, the applicant shall, at its expense, secure and provide to the
City, prior to beginning performance under this RFP, insurance
coverage as required in this RFP.
h. Any party providing services or products to the City will be expected
to enter into a written agreement, contract, or purchase order with the
City that incorporates, either in writing or by reference, all of the
pertinent provisions relating to insurance and insurance requirements
as contained herein. A failure to do so may, at the sole option of the
City, disqualify any bidder or proposer of services and/or products to
the City.
2.7 STANDARD REQUIREMENTS
a. Right to Protest
Any actual or prospective bidder 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.
b. No Corrections
Once a competitive proposal is submitted, the City shall not accept any
request by any proposer to correct errors or omissions in any
calculations or competitive proposal or price submitted.
2.8 PROCUREMENT PROCESS
a. Openness of Procurement Process
Written competitive proposals, other submissions, correspondence, and
all records made thereof, as well as negotiations conducted pursuant to
this RFP, shall be handled in compliance with Chapters 119 and 286
Florida Statutes. The City gives no assurance as to the confidentiality
of any portion of any proposal once submitted.
b. No Collusion
By offering a submission to the RFP, the proposer certifies the
proposer has not divulged to, discussed or compared his/her
competitive proposal with other proposers and has not colluded with
Item # 2
Attachment number 1
Page 11 of 24
any other proposers or parties to this competitive proposal whatsoever.
This section is not intended to prohibit two or more organizations from
working together on a joint application. One organization would have
to be designated as the lead agency with fiscal responsibility.
c. Informality WaiverIReiection of Bids
The City reserves the right to reject any and all responses and to waive
any irregularity, variance or informality whether technical or
substantial in nature, in keeping with the best interests of the City.
d. Appropriations Clause
The following appropriations clause will not be in effect unless
financial consideration is given by the legislative body which is not the
currently being proposed or written into this RFP.
"The City, as an entity of government, is subject to the appropriation of
funds by its legislative body, in an amount sufficient to allow
continuation of its performance, in accordance with the terms and
conditions of this contract, for each and every fiscal year following the
fiscal year in which this contract is executed and entered into, and for
which this contract shall remain in effect. Upon notice that sufficient
funds are not available in the subsequent fiscal years, the City shall
thereafter be released of all terms and other conditions."
Item # 2
Attachment number 1
Page 12 of 24
3.0 SELECTION CRITERIA AND RANKING PROCESS
3.1 GENERAL
All proposals shall be subject to an evaluation by a Selection Committee to be established
by the City. The successful applicant must demonstrate an understanding of the project
scope and purpose. This refers to the applicant's understanding of the needs that
generated the RFP, of the objectives in asking for the services, and of the nature and scope
of the work involved.
The evaluation of the proposals shall be accomplished utilizing the criteria described in
this section. Information and data included in the proposal shall be considered in the
evaluation process.
3.2 COMPLETENESS OF PROPOSAL
Following receipt of proposals, the Selection Committee shall review all proposals with
respect to completeness and conformance with the instructions and requirements
specifically indicated in this RFP. Responses, which are deemed incomplete or
nonconforming with instructions and requirements of this RFP may not be given further
evaluation. The City reserves the right to reject any and all responses and to waive any
irregularity, variance, or informality whether technical or substantial in nature, in keeping
with the best interest of the City.
3.3 SELECTION COMMITTEE
The Committee shall evaluate all proposals using a formalized evaluation process (see
Attachment "E" for sample score sheet). The evaluation process is designed to rank the
proposals, following which the top two (2) to five (5) ranked applicants will be invited to
make oral presentations. These presentations will be made to the selection committee at a
date yet to be determined. The top ranked applicant will be selected from this short-list by
the Committee for recommendation to the City Council for award of an agreement to
provide services at North Greenwood Recreation and Aquatics Complex.
3.4 SELECTION CRITERIA
All proposals shall be evaluated with respect to the completeness of the data provided,
support for all claims made and the overall approach taken. The following criteria shall
be utilized in the evaluation process:
Item # 2
Attachment number 1
Page 13 of 24
a. Successful experience in Pinellas County providing similar children,
youth, adult and family programs similar to those currently being
offered at the complex.
b. Successful experience in Pinellas County managing and operating a
large facility of at least one acre in size and an operating budget in
excess of $800,000.
c. Documented need within the community for additional programs and
services not currently being provided at the Complex and how you
plan to meet the need.
d. Clearly defined measurable impact to the community.
e. Responsiveness and completeness of written response to these
instructions with regard to scope of project.
f. Results from reference interviews (conducted by City staff).
g. Proven financial stability and ability to fund operations of the size and
greater without requiring any City assistance.
h. Longevity of applicant providing these services.
1. Proven ability to partner with public and private sector.
J. Proven ability to raise funds to support operational and capital costs.
k. Fullness and extent of resources available to and used by applicant.
3.5 REFERENCES
References may be called regarding the satisfaction of services rendered by the proposing
applicant.
Item # 2
Attachment number 1
Page 14 of 24
Attachment "A"
North Greenwood Recreation and Aquatic Complex
900 N. Martin Luther King Jr. Avenue
462-6276
Mondays - Fridays: 5:45 a.m. - 8:50 p.m.
Saturdays: 9 a.m. - 4:50 p.m.
Holiday Hours: 9 am - 6 p.m. on May 28 and July 4
Center Closed: Sundays
Dr. Joseph L. Carwise Recreation Center
The recreation center offers a spacious double gymnasium with bleacher
seating, an extensive fitness center, a teen lounge and two
multi-purpose rooms.
Daily Admission Fees (plus 7% tax):
With
Play Pass
Gym, Fitness Center, Pool
Youth Free
(age 18 and under)
Adult Free
(age 19 and up)
With
Recreation Card
Without
Card
$1.87
$2.80
$3.74
$5.61
Play Pass
The Play Pass is the most economical way to make use of all the
facilities at North Greenwood. Play Pass holder benefits include:
. free fitness center use
. free basketball/volleyball time during open gym
. priority registration and reduced rates for
children's camps
. priority registration and reduced rates for
home school programs
. priority registration for classes
. two free daily guest passes per year
Play Pass fees are listed on page 7.
Activities
Arts and Crans
Saturdays: noon - 2 p.m.
Ages 18 and Under:
$1.50 with Play Pass
$2 with Recreation Card
$2.50 without card
Social Bridge with Ike Hinson
Fridays: Noon - 3 p. m.
$.70 with Play Pass
$.93 with Recreation Card
$2.12 without card
North Greenwood Recreation Youth Flag Football League (Co-ed) Ages (6 - 15)
Games Begin on April 14, 2007 - June 30, 2006
With registration you will receive a Tampa Bay Buccaneers jersey and a flag belt.
$52.50 Play Pass
$70 with Recreation Card
$87.50 without card
Scholarships: $35 with reduced lunch & $17.50 with free lunch
Item # 2
Attachment number 1
Page 15 of 24
Spaces filled on first come first serve basis. The league is limited to 6 teams per age group. A league banquet awards for
players, coaches, sponsors and other invited guest will be held at the end of the season.
Camps
The 13-week summer program runs Mondays - Fridays, May 21 through August 17, excluding May 28 and July 4. Summer
Camp Registration begins March 26 for Clearwater residents at 5:30 p.m. and all others can register beginning March 27 at 5:30
p.m.
See the special Summer Camp pull-out section for details on:
. Camp Kool (Elementary Camp)
. Camp Chaka II (Middle School Camp)
. Counselors In Training (CIT)
After School Activities (grades K - 5)
Mondays - Fridays
Session I: 2:05 - 4 p.m.
Session II: 4:05 - 6 p.m.
Monthly Fees
Per Session:
$60 with Play Pass
$80 with Recreation Card
$100 without card
Daily Fees
$11.25 with Play Pass
$15 with Recreation Card
$18.75 without card
This drop-in program offers children in grades K through 5 the opportunity to learn and have funl Session I focuses on
homework help, Session lion games and activities. Transportation is provided by the City of Clearwater for children from Curtis
Elementary School and North Ward Elementary School.
Thanksgiving Camp
Monday - Wednesday, November 20 - 23: 9 am - 5 p.m.
Register November 1 for residents, November 2 for others
$33.75 with Play Pass
$45 with Recreation Card
$56.25 without card
Children will participate in various games, activities and arts & crafts throughout the day. Our energetic and adventurous staff
provides a fun-filled day of events with both indoor and outdoor activities for youngsters. Open to the first 25 children.
Fitness Center
Mondays - Fridays: 5:45 am - 8:50 p.m.
Saturdays: 9 am - 4:50 p.m.
The fitness facility offers 17 pieces of workout equipment. There are
11 cardio machines including three bikes, three stair steppers, three
treadmills and two elliptical cross trainers. There is also a full
compliment of cable weight machines. If free weights are what you like,
there are over 1,200 pounds for your use. Also, there are fitness balls available.
Youth 14 - 17 years old must have Fitness Room Waiver signed by parent
or guardian, and attend a fitness room orientation on a Saturday
morning.
Fitness PLUS. . .
Men's Basketball League (age 16 and up)
April 30 - July 16,7 p.m. & 8:05 p.m.
April 10 - July 10,7 p.m. & 8:05 p.m.
Item # 2
Attachment number 1
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$150 per team, 8 teams per night plus
$10.50 with Play Pass
$14 with Recreation Card
$17.50 without card per player
8 to 10 games and tournament
There are competitive and recreational games for players of all levels. Games are officiated by two certified officials and a paid
scorekeeper.
Women's Basketball League (ages 16 & up)
Register by June 2
$100 Per Team Plus
$10.50 with Play Pass
$14 with Recreation Card
$17.50 without Card
Clearwater Jr. Magic Youth Basketball League (Co-ed) Ages (7 -15)
Registration begins on Monday, October 2
Games Begin on January 4 and continue through March 22, 2007
With registration you received Orlando Magic Jersey and a game ticket to an Orlando Magic Game
$50 with Play Pass
$65 with Recreation Card
$85 without card
Scholarships: $32.50 with reduced lunch & $16.25 with free lunch
The league is limited to six teams per age group. Spaces are filled on a first come first served basis.
A league banquet awards for sponsors, coaches and players will be held in April.
North Greenwood Recreation Youth Flag Football League (Co-ed) Ages (6 - 14)
Registration Begins on Monday, February 5
Games Begin on April 14 - June 30, 2007
With registration you will receive a Tampa Bay Buccaneers jersey and a flag belt.
$52.50 with Play Pass
$70 with Recreation Card
$87.50 without card
Scholarships: $35 with reduced lunch & $17.50 with free lunch
Spaces filled on first come, first served basis. The league is limited to 6 teams per age group. A league banquet awards for
players, coaches, sponsors and other invited guests will be held at the end of the season.
Tae Kwon Do (age 6 and up)
with Bernadette Hoffman
Tuesdays, Thursdays: 5:30 - 6:30 p.m.
$15 with Play Pass
$20 with Recreation Card
$30 without card per month
$3.75 with Play Pass
$5 with Recreation Card
$6.25 without card per day
Tae Kwon Do is a form of self-defense that enables you to become more disciplined with your mind, body and soul.
Walk About IT! - Adult/Senior Walking and Fitness Club
Monday - Friday: Gym available 5:45 - 10 a. m. and Evening (various sites) 6:30 - 8 p.m.
Annual Membership
$45 with Play Pass
$60 with Recreation Card
$75 without card
Are you a fitness procrastinator? Need motivation? Want someone to walk with or exercise company?
Item # 2
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Join the club where getting Fit Is Fun. Annual membership includes a T-shirt, pedometer, fitness chart, monthly incentives, six-
week exercise class (12 classes) with Keisha Day and special events.
Fitness Orientation with Keisha Day
Saturdays: 11 - 12 p. m.
April 7, May 5, June 9, July 7 & August 4
$1.50 with Play Pass
$ with Recreation Card
$2.50 without Card
Teen Weight Training with Keisha Day
Thursday 4 - 5 p.m.
April 7, May 5, June 9, July 7 & August 4
$1.50 with Play Pass
$ with Recreation Card
$2.50 without Card
Special Activities
Spring Talent Show
Saturday April 7: 7 p.m.
Come out and showcase your talent in song, dance, poetry, instrument, etc. Contact Freda for more details.
Elementary School Dances
Every 1st Friday: 5:30 - 8 p.m.
December - March
$.75 with Play Pass
$1 with Recreation Card
$2 without card
Little Elves Olympiad
Saturday, December 23: 10 a. m. - noon
$2.25 with Play Pass
$3 with Recreation Card
$3.75 without card
Participants ages 3-5 will compete in running, jumping and throwing events. Gold, silver or bronze medals will be awarded
during an awards ceremony. All participants will receive an event T-shirt and participation medal. Snacks served.
Teen Lock-In
Friday, March 2: 10 p.m.-7 a.m.
Saturday, March 3: 10 p.m.-7 a. m
$7.50 with Play Pass
$10 with Recreation card
$12.50 without card
Teens join your peers for some overnight fun, games, food, and movies
North Greenwood Teen Lounge
Monday - Fridays: 2 p.m. - 8:45 p.m.
School's Out Days: 2 p.m. - 8:45 p.m.
Winter/Spring Hours: December 1 through March 30
Our teen lounge is the place to be! Thanks to partial funding by the
Juvenile Welfare Board of Pinellas County, this teen lounge gives
middle and high school students a home away from home.
Plush leather furniture and disk chairs provide a fun and comfortable area to watch television on a 65" and 27" television with
DVDNCRs and movies. There are many video games to choose from
and competition is fierce on the lounges' three controllers. Teens can
turn on the black lights and turn up the stereo and OJ equipment to
showcase their talents, capture the action on their own digital camera
and play it back on the projector.
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The center has a study hall equipped with four computers, paper, pens,
pencils, a set of encyclopedias and 10 quick review school subject books.
'The Wood' Teen Councils Meeting
Wednesdays: 5:30 p.m.
Middle and High School students in grades 6 - 12 are invited to join
the Teen Council. Members plan, organize and implement programs and
activities for their peers. Activities will include special events,
dances, field trips, camps, community involvement, training
conferences, fund raising, sporting events, and volunteer programs.
Purchase a teen club membership for only $10. Membership allows unlimited free access to open
teen lounge and gymnasium.
The X Proiect
Wednesday: 6:30 - 7:30 p.m.
Free
Girls meet with to discuss everyday life issues while exploring new
friendships; strengthening existing friendships; building trust and
feeling proud to be who they are. Confidentiality plays a big part in
this program.
Recording Studio
By Appointment Only
$25 Per Hour for Recording
Additional Fees for Mixing and Mastering Will Apply
Ray E. Green Aquatic Center
900 N Martin Luther King Jr. Avenue
462-6276
This is the coolest place to be. There's a 5-lane 25-yard lap pool with
a 1-meter diving board, a 20-foot high 140-foot long Tube Slide and an
Activity Pool. The Activity Pool is gate enclosed for small children,
ages 8 and under, to enjoy. The Activity Pool is 0 to 3 ft. deep and
has play features, water sprays and a water slide in approximately
1-foot of water. There are shade umbrellas, lounge chairs, and tables
for patrons comfort. Lockers, shower and dressing rooms are available.
All areas are accessible to individuals with disabilities.
For a change of pace, bring the crew to the pool for a party! Your
reservation includes exclusive use of the patio area, access to the
water slide and floats, and lifeguards. Prices start at $30 for up to
15 children. Call Meghan Holder at 462-6276 to find out more.
Pool opens April 14
Pool Schedule April 14 - September 8
April 14 - May 17
Open Swim (Lap Pool)
Monday, Wednesday, Friday: 2 - 5:50 p.m.
Saturday, Sunday: 12 - 4:50 p.m.
Activity and Training Pools
Monday, Wednesday, Friday: 2 - 5:50 p.m.
Saturday, Sunday: 12 - 4:50 p.m.
Adult Lap Swim, One Lane Available During Regular Hours
May 18 - August 3
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Open Swim (Lap Pool)
Monday, Wednesday, Thursday, Friday: 11 a.m. - 5:50 p.m.
Tuesday: 11 a.m. - 6:50 p.m
Saturday, Sunday: 12 - 4:50 p.m.
Activity and Training Pools
Monday, Wednesday, Thursday, Friday: 10 a.m. - 5:50 p.m
Tuesday: 10 a. m. - 6: 50 p. m.
Saturday, Sunday: 12 - 4:50 p.m.
Adult Lap Swim
One Lane Available During Regular Hours
August 4 - September 8
Open Swim (Lap Pool)
Monday, Wednesday, Friday: 2 - 5:50 p.m.
Saturday, Sunday: 12 - 4:50 p.m.
Activity and Training Pools
Monday, Wednesday, Friday: 2 - 5:50 p.m.
Saturday, Sunday: 12 - 4:50 p.m.
Adult Lap Swim
One Lane Available During Regular Hours
Pool Closes September 8
Holiday Hours:
Memorial Day, May 28,2007: 12 - 4:50 p.m.
Independence Day, July 4,2007: 12 - 4:50 p.m.
Labor Day, September 3, 2007: 12 - 4:50 p. m.
Programs
American Red Cross Lifeguard Challenge Course
By Appointment Only
Meghan Holder, 462-6276
$30 with Play Pass
$40 with Recreation Card
$50 without card
Need Re-Certification? This is the class for you! There are no skills taught in this class. Participants must successfully pass
written tests on Lifeguarding, CPR and First Aid, then demonstrate all skills in the American Red Cross Lifeguarding Today
program.
CPR Courses (Adult, Child, Infant)
April 9 & 11, May 7 & 9: 6 - 9 p.m.
$30 with Play Pass
$40 with Recreation Card
$50 without card
Scholarships are available for Clearwater residents with free or reduced lunch forms
$7.50 with free lunch form scholarship
$15 with reduced lunch form scholarship
Learn the skills to use when the heart stops. Adult, child, and infant CPR will be included in this course, along with how to use
an Automated External Defibrillator (AED). Many malls, as well as other locations, now have AED's located throughout their
buildings. For more information contact Meghan Holder, 462-6276.
First Aid Courses
April 6, May 4: 6 - 9 p.m.
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$30 with Play Pass
$40 with Recreation Card
$50 without card
Scholarships are available for Clearwater residents with free or reduced lunch forms
$7.50 with free lunch form scholarship
$15 with reduced lunch form scholarship
Learn all about First Aid and how to handle emergencies. Many accidents can be avoided, learn how!
Fundamentals of Instructor Training Course
By Appointment Only
Barbara Moon, 462-6276
$22.50 with Play Pass
$30 with Recreation Card
$37.50 without card
Fundamentals of Instructor Training is a pre-requisite for Life Guard Instructor and Water Safety Instructor courses.
Water Safety Instructor Course (ages 16 and up)
By Appointment Only
$150 with Play Pass
$200 with Recreation Card
$250 without card
Water Safety Instructor Course (WSI) candidates must have successfully
completed the American Red Cross Fundamentals of Instructor Training
and pass a swim test to participate in WSI. Upon successful completion
of this course the participants will be able to teach American Red
Cross Aquatic Programs including Basic Water Rescue, Learn To Swim, and
the Parent and Child Aquatic Programs. For more information contact Barbara Moon, 462-6276.
Lifeguard Instructor Course (ages 17 and up)
Dates TBA
$150 with Play Pass
$200 with Recreation Card
$250 without card
Lifeguards teach others their profession. Participants must successfully pass written tests on Lifeguard, CPR and First Aid, and
then demonstrate all skills in the American Red Cross Lifeguard program prior to course start date. Candidates receive
Lifeguard, CPRFPR, and First Aid re-certification after completing the pre-requisite and pre test. For more information contact
Barbara Moon, 462-6276.
Water Exercise Workout
Monday -Thursday: 6 - 6:50 p.m.
Classes are on going
$2.25 with Play Pass
$3 with Recreation Card
$3.75 without card
This is a great way to improve balance, endurance, posture, strength, and agility through moderate activity in 4 - 5 foot depths
of water
Learn To Swim Classes
Registration begins March 26
Sessions of 8 classes
Monday -Thursday
5 p.m.-5:45 p.m. (levels 1 -2), teens (ages 13-18)
6 p.m.- 6:45 p.m. (levels 1 -2), adults (ages 18 and up)
Session 1: April 23- May 3
Session 2: May 14- May 24
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Session 3: June 4 - June 14
Session 4: June 25- July 6 (no classes will be held July 4, make up session will be held July 6)
Session 5: July 16 - July 26
Session 6: August 6 - August 16
Session 7: August 27 - September 6
$22.50 with Play Pass
$30 with Recreation Card
$37.50 without card
Scholarships are available for City of Clearwater residents with free or reduced lunch forms
$7.50 with free lunch form scholarship
$15 with reduced lunch form scholarship
North Greenwood Recreation and Aquatics Center Swim Team
Registration begins May 7
Practices are Monday - Thursday: 5 - 5:50 p.m.
Session 1 May 21-May 31
Session 2 June4-June 14
Session 3 June 18-June 28
Session 4 July 2- July 12 No practice on July 4
Session 5 July 16-July 26
If you can swim one length of our pool, you are welcome to join our Swim Team. You will compete against others are your age
at swim meets. Win ribbons, get fit and have fun.
Swim meets will be held at the following centers and dates:
Long Center - May 31
North Greenwood - June 14
Clearwater Beach - June 28
Morningside - July 12
Ross Norton - July 26
These dates are for the respective pool team sessions. Warm ups start at 5:30 p.m. and meets begin at 6 p. m. If the meet is
canceled from weather conditions, the make up meet will be the following Saturday.
$15 with Play Pass
$20 with Recreation Card
$25 without card per session
Scholarships are available for Clearwater residents with free or reduced lunch forms
$5 with free lunch form scholarship
$10 with reduced lunch form scholarship
Springboard Diving Classes
Registration begins May 7
Monday -Thursday 6 - 6:45 p.m.
8 classes per session
Session 1 May 21-May 31
Session 2 June 4-June 14
Session 3 June 18-June 28
Session 4 July 2- July 12 No practice on July 4
Session 5 July 16-July 26
$22.50 with Play Pass
$30 with Recreation Card
$37.50 without card
Scholarships are available for Clearwater residents with free or reduced lunch forms
$7.50 with free lunch form scholarship
$15 with reduced lunch form scholarship
Private Pool Parties
Saturday & Sunday 9 a.m. - Noon and 5:30 - 11 :50 p.m.
The North Greenwood Aquatic Center is available for private parties on Friday night after 8:30p.m. Saturday and Sunday nights
after 5:30 p.m. A pool party is a great way to celebrate a birthday, graduation, and company picnic or just for fun. Pool toys and
lifeguards are provided. Call 462-6276 for availability and pricing information.
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Pool Birthday Packages
You bring the kids; we'll bring the fun. Pool parties are during regularly scheduled open swim. Both pools are
available for use and lifeguards will be on duty. With the packages the patio area will be reserved,
and the water slide, and floats are available for your birthday party. Please be aware that the pools
will be open for use by the general public. To arrange your swimming birthday party,
Contact Meghan Holder 727-462-6276 center - 462-6282 fax.
Activity Pool (Ages 7 and under) or Main (Lap) pool
1-15 People
$22.50 with Play Pass
$30 with Recreation Card
$37.50 without card
16-30 People
$37.50 with Play Pass
$50 with Recreation Card
$62.50 without card
31-45 People
$48.75 with Play Pass
$65 with Recreation Card
$81.25 without card
Both Pools (Activity & Lap Pool)
1-15 People
$26.25 with Play Pass
$35 with Recreation Card
$43.75 without card
16-30 People
$41.25 with Play Pass
$55 with Recreation Card
$68.75 without card
31-45 People
$52.50 with Play Pass
$70 with Recreation Card
$87.50 without card
Special Activities
Swim Fest 2007
April 14: 10 a.m.- 2 p.m.
Free admission to pool between 10 a.m. - 2 p.m.
Come join in the fun at North Greenwood as we host our Open House with Swim Fest 2007. There will be a carnival in the gym
for the kids and a free raffle with prizes that include passes to nature parks and area dinner cruises and an indoor garage sale.
There will be water activity demonstrations and summer swim lesson registration will begin.
Ice Cream Sundae
April 22: 1 - 3 p.m.
$3 with Play Pass
$4 with Recreation Card
$5 without card
Have fun making ice cream sundaes with your family, and then take a refreshing swim in the pool!
Dive-In Movie
May 18, June 1, July 6 & 20, August 3, and August 31: 8 - 11 p.m.
$3.75 with Play Pass
$5 with Recreation Card
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$6.25 without card
$8 for whole family (3-5 people in same household)
Just like the drive-in, only wetter! Enjoy watching a movie with the family in the pool, lounging in your favorite float or inner
tube. All movies shown are rated G or PG. Hot dogs and sodas are included!
Splash Party
May 25, June 15, July 13, August 10, and September 7: 7-10 p.m.
$4.50 with Play Pass
$6 with Recreation Card
$7.50 without card
All ages are welcome. Hot dogs and sodas are included!
Face Painting
May 20: 1 - 3 p.m.
$3.75 with Play Pass
$5 with Recreation Card
$6.25 without card
Come have some family fun at the pool and have your face painted by our staff
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Attachment "D"
City of Clearwater's Vision Statement
Sparkling Clearwater is a uniquely beautiful and vibrant waterfront community that is socially
and economically diverse, that reinvests in itself, and is a wonderful place to live, learn, work
and play.
City of Clearwater's Mission Statement
The Mission of the City of Clearwater is to provide cost effective municipal services and
infrastructure necessary for a high quality of life for all our citizens.
Parks and Recreation Department's Mission Statement
To provide parks and recreation programs, services, facilities and beautification to benefit the
residents and visitors of the City of Clearwater.
Item # 2
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Page 1 of 1
North Greenwood Recreation Comptex
Attachment number 3
Page 1 of 6
Attachment "c"
Cost Center 1823 - North Greenwood Pool
THIS SHEET REPLACES BUDGET PREP WORKSHEET BS-6A
FY06/07 BUDGET REQUESTS FOR RECREATION PROGRAMMING
SECTION 1 - WEST SECTION
1823 NG
1823 NG Pool
Pool FY 06/07
FY 05/06 Department
Budget Difference Request
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Cost Center 1824 - North Greenwood Summer Day Camp
THIS SHEET REPLACES BUDGET PREP WORKSHEET BS-6A
FY06/07 BUDGET REQUESTS FOR RECREATION PROGRAMMING
SECTION 1 - WEST SECTION
1824 N. Greenwood
1824 N. Greenwood Summer Day Camp
Summer Day Camp FY 06/07
FY 05/06 Department
Budget Difference Request
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Item # 2
Attachment number 3
Page 5 of 6
Cost Center 1825 - North Greenwood Center
THIS SHEET REPLACES BUDGET PREP WORKSHEET BS-6A
FY06/07 BUDGET REQUESTS FOR RECREATION PROGRAMMING
SECTION 1 - WEST SECTION
1825 NG Ctr
1825 NG Ctr FY 06/07
FY 05/06 Department
Budget Difference Request
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Item # 2
Attachment number 3
Page 6 of 6
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Item # 2
Attachment number 4
Page 1 of 1
Attachment "E"
DATE:
NAME OF FIRM: SCORE:
COMMITTEE CONSENSUS:
SCORE
WTX
CRITERIA WEIGHT RATING RATING COMMENTS
1. Successful experience in Pinellas 4
County providing similar children,
youth adult and family programs.
2. Successful experience in Pinellas 4
County managing and operating a
large facility.
3. Documented ability to meet 3
community needs for recreation
programs and services, and how you
plan to meet need.
4. Clearly define measurable impact to 4
the community.
5. Responsiveness and completeness 2
of written response to these
instructions with regard to scope of
project.
6. Results from references. 3
7. Longevity of applicant providing 2
these services.
8. Proven ability to partner with public 3
and private sector.
9. Proven financial stability as an 4
organization to operate and maintain
this type of facility
10. Proven ability to raise funds to 3
support operations and capital costs.
11. Fullness and extent of resources 1
available to and used by applicant.
Criteria Weiqhtinq
4 = Exceptionally Important
3 = Very Important
2 = Important
1 = Minimally Important
Criteria Ratinq
5 = Excellent
4 = Very Good
3 = Good
2 = Adequate
1 = Marginally
. . .
o = Unacceptable
Item # 2
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Vehicle Towing Service Contract between the City of Clearwater and B.J.'s Towing, Inc., for a three-year period (August 1,
2007 - July 31, 2010) with a two-year renewal option upon expiration of the contract and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
The vehicle towing service contract is needed to provide the Police Department a sole contractor to impound vehicles upon request on
a 24-hour basis. The contractor will provide adequate towing service, consistent and uniform fees, for the towing and indoor/outdoor
storage of vehicles and proper security establishing responsibility for the preservation and evidentiary requirements in accordance with
the terms of the contract.
. Vehicles used in criminal acts require that they be treated as physical evidence when involved in a criminal investigation until
the conclusion of the court processes. The selected towing contractor is required to provide equipment, manpower, testimony and
secured storage to assist the investigator with the investigation.
. The Finance Department solicited bids. Three complete bids and one no response were received. B.J's Towing, Inc. of
Clearwater, Florida was selected. The contractors not selected did not meet the bid specifications.
. The funding source for the contract is budgeted in Law Enforcement Trust Special Project Code 181-99330-530300-521-000 and
is estimated to be $40,000.00 each year for the period noted above.
Type:
Current Year Budget?:
Operating Expenditure
Yes Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$40,000
Annual Operating Cost:
Total Cost:
$40,000
2007 to 2008
Appropriation Code
181-99330-530300-521-000
Amount
$40,000
Appropriation Comment
Bid Required?:
Other Bid / Contract:
Yes
Bid Number:
Bid Exceptions:
0110
None
Cover Memo
Review
Approval:
1) Legal 2) Clerk 3) Police 4) Financial Services 5) Office of Management and Budget 6) Legal 7) qt~~y
Manager 9) Clerk 10) City Manager 11) Clerk
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Item # 3
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Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation
of the School Resource Officer program at Clearwater High School and Countryside High School for 3 years commencing July 1, 2006,
through June 30, 2009 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Due to lengthy legal review of 2006 law changes regarding student privacy issues and the collection of law enforcement
evidence, specifically school security video, all law enforcement agencies providing SRO's in the county have been operating without a
contract with PCSB for the 2006-2007 school year. Those issues were just resolved in April 2007, therefore this contract is retroactive
to include the 2006-2007 school year.
Under the terms of the three-year agreement between the School Board of Pinellas County and the City of Clearwater, the City
will provide law enforcement and related services to Clearwater High School and Countryside High School during the regular school
year. The assigned officers (2 per school) will provide instruction in law education, will serve as resource persons, conduct
investigations, provide security and maintain the peace, make arrests and provide support services as necessary.
The annual cost of salaries and benefits of 4 officers over the 3-year period will be approximately $237,560, $251,440 and
$268,040, respectively, and will be provided from the Police Department's operating budget. Total annual reimbursement from the
School Board over this same 3-year period will be $156,395.40, $162,651.20 and $169,157.28 respectively. The difference between the
actual costs and amount reimbursed is offset by the benefit of the program to the community and the Police Department.
The continuation of the School Resource Officer Program beyond the current fiscal year will depend on funding being included
in future budgets.
The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been
assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986.
Type:
Current Year Budget?:
Operating Expenditure
Yes Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$81,164.60
Annual Operating Cost:
Total Cost:
$268,836.12
2006 to 2009
Appropriation Code
0010-01138-510100-521-
000-0000
Amount
Appropriation Comment
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 13
SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2007,
with an Effective Date of July 1, 2006 by and between the SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA (referred to herein as the "BOARD"), and THE CITY
OF CLEARWATER, (the City of Clearwater referred to herein as "CLEARWATER
P.D."), is for the continuation of a School Resource Officer (referred to as "SRO")
Program in the public school system of Pinellas County.
WIT N E SSE T H:
WHEREAS, the parties hereto value the collaboration and cooperation fostered
by the SRO Program and believe that all of society benefits when the safety of children
is improved, where the threat of crime and disorder is reduced, the learning
environment is improved, and the true mission of teachers becomes more achievable;
and
WHEREAS, the SRO Program provides an opportunity for students and law
enforcement officers to have positive interaction with one another which enhances law
enforcement officers' service to the community, and
WHEREAS, the BOARD and The City of Clearwater intend to provide law
enforcement and related services to the public schools of Pinellas County as hereafter
described, and
WHEREAS, the BOARD and CLEARWATER P.O. will mutually benefit from the
SRO Program.;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I. The Obligations of CLEARWATER P.O. and the SROs are as follows:
A. Provision of School Resource Officers. The CLEARWATER P.O. shall
assign two regularly employed officers each to Clearwater High School and Countryside
High School.
B. Desiqnation and Selection of School Resource Officers. SRO's have a
dual role at the schools which they serve. They shall serve as "law enforcement units"
within the meaning of 34 CFR S 99.8 (a)(1 )(i)-(iii), and as "school officials" having a
legitimate educational interest in information contained in student records, within the
meaning of 20 U.S.C. S1232g and F.S. S 1002.22 (3)(d)(2).
The Chief of CLEARWATER P.O., or his designee, in consultation with the
Principal of the school to which the SRO will be assigned shall select the SRO on the
basis of the following criteria.
Item # 4
Attachment number 1
Page 2 of 13
1. The SRO must have the ability to deal effectively with students. The
ages, socioeconomic, and cultural composition of the students of the particular school
should be considered in making this evaluation.
2. The SRO must have the ability to present a positive image and symbol
of the entire police agency. A goal of the SRO Program is to foster a positive image of
police officers among young people. Therefore, the personality, grooming, and
communication skills of the SRO should be of such nature so that a positive image of
the police agency is reflected. The SRO should sincerely want to work with the staff
and students at the particular school to which he or she is assigned.
3. The SRO must have the ability to provide good quality educational
services in the area of law enforcement. The education, background, experience,
interest level and communication skills of the SRO must be of high caliber so that the
SRO can effectively and accurately provide resource teaching services. The SRO will
spend as much time as practical in classroom instruction, dependent upon time
constraints and workload. The SRO and the Principal will formulate an acceptable plan
consistent with the circumstances and the needs of the school.
4. The SRO must have the desire and ability to work cooperatively with
the Principal and his administrative staff.
5. The SRO must be a state certified Law Enforcement Officer.
C. Reqular Dutv Hours/Absences of the School Resource Officers.
1. The SRO will be assigned to his/her school on a full-time basis of eight
(8) hours on those days and during those hours that school is in session. The SRO's
specific duty hours shall be determined by the SRO supervisor in consultation with the
principal, to reflect the needs of the individual school. In each case the agency shall
ensure that SROs are present during regular school hours, and those routine duties that
require an absence from campus should be accomplished either prior to or after regular
school hours. The SRO may be temporarily reassigned only during the period of a law
enforcement emergency as such may be determined to exist, by the Chief.
2. If it is necessary for the assigned SRO to be absent from school for
less than a full day, the SRO will notify the Principal and provide instructions on how
emergency police service may be obtained in his/her absence. If it is necessary for the
assigned SRO to be absent from school for a full day or more, then the CLEARWATER
P.O. shall supply a substitute SRO. For any day there is not an officer at school for a
full day, a credit shall be given to the school system absent exigent circumstances. The
credit shall amount to the daily rate of the BOARD's contribution.
3. The Board and CLEARWATER P.O. will cooperate to avoid the use of
officers who must be paid at overtime rates to substitute for regular SROs, but
recognize that at times the use of overtime will occur. If a substitute SRO must be
2
Item # 4
Attachment number 1
Page 3 of 13
utilized, the School Board shall reimburse the CLEARWATER P.O. for 50% of the
replacement officer's rate of pay, including overtime if applicable, for up to 40 hours per
SRO position during each year of this Agreement. The Board agrees that the
CLEARWATER P.O. may pool the 40 hours for each of its 4 SRO positions and share
the aggregated total of 40 hours between SRO positions when providing substitutes.
The CLEARWATER P.O. agrees that it will absorb all the costs of providing
substitutes beyond the 40 hours allotted for each officer. The parties agree that the
Board's financial obligation for payment on account of substitute officers will not exceed
the sum of $889.80 per officer (based on 40 hours multiplied by the average of the
highest hourly rates of pay for an officer on the pay scale (excluding command
positions) for the agencies that contract to provide SRO services to the district as of
October 1, 2006). The parties further agree that the Board will pay the amount in 12
monthly payments, during each year of this contract, and the rate for each subsequent
year of the term of this agreement shall be increased each year by an amount equal to
4%.
D. Duties of School Resource Officers. While on duty, the SRO shall perform
the following duties:
1. Speak to classes on the law, including search and seizure, criminal
law, motor vehicle law, and other topics when assigned to speak by the Principal.
2. Act as a resource person in the area of law enforcement education at
the request of the Principal.
3. Conduct crim inal investigations of violations of law on School Board
property which is initiated by the SRO or reported by school personnel per interagency
agreement. When dealing with reported minor incidents, nothing shall preclude the SRO
from diverting the offender to appropriate school-based discipline, where appropriate
and authorized by department policy and applicable law.
4. Provide school-based security and maintain the peace on School
Board property, to include in assisting with the development, implementation and
evaluation of security programs/crisis plans in their assigned school when requested.
5. Make arrests and referrals of crim inal law violators.
6. Appear at State Attorney investigations, depositions, trials and
sentencing.
7. Provide transportation to the Pinellas County Juvenile Assessment
Center (PJAC), Juvenile Addiction Receiving Facility (JARF), and County Jail.
8. Coordinate Emergency Medical Service (EMS) at the request of the
Principal, or his/her designee.
3
Item # 4
Attachment number 1
Page 4 of 13
9. Receive and dispatch complaints via telephone, walk-in and radios.
10. Develop, implement, and evaluate security programs in the school
assigned.
11. Coordinate with school administrators, faculty and staff, law
enforcement agencies, and courts to provide school-based security to maintain the
peace and promote order on the school campuses.
12. Create and maintain all records, including security and surveillance
camera recordings made at the school site, whether recorded by video tape, digital or
other medium, (but excluding school bus recordings), witness or suspect statements,
interviews or other documents made in connection with the law enforcement duties set
forth in this Agreement. Such records shall constitute "law enforcement records" within
the meaning of 34 CFR S 99.8(b) (I)(i)-(iii), while in the hands of the SRO or other law
enforcement officer. When such records are made available to school administration for
disciplinary or other legitimate educational purposes they shall also constitute
confidential student records subject to the Family Educational Rights and Privacy Act,
20 U.S.C. S 1232g; 34 CFR Part 99, and S1002.22, F.S. The SRO shall comply with all
laws and policies applicable to such records in both their law enforcement and student
record capacities. With respect to school bus recordings, which are under the control of
the Pinellas County Schools Police, the SRO shall contact Pinellas County Schools
Police to coordinate all issues necessary to access, view, take possession of or
otherwise use the school bus recording.
13. Coordinate, in consultation with the Principal and SRO Supervisor,
the scheduling and placement of CLEARWATER P.O. personnel at extracurricular
activities, including such after-school security activities for which reimbursement is due,
pursuant to Article III below. Whenever practicable, the agency shall ensure that the
school's regular SRO shall be assigned to work those extracurricular events where
additional security personnel are assigned. The school shall be billed for the services
within thirty days (30 days) from the date of service and any services provided during
May shall be submitted no later than the 15th of June.
The SRO supervisor in consultation with the Principal or designee shall
determine the appropriate level of staffing at extracurricular activities when
CLEARWATER P.O. personnel are requested, based upon the staffing model set forth
in the Guidelines for Security at School Events (Appendix 1). If a dispute arises, the
Chief of Schools Police in consultation with the SRO supervisor shall determine
appropriate level of staffing.
14. Maintain a file on property reported lost and/or stolen at the SRO's
school.
15. Provide counseling or referrals to students as needed.
4
Item # 4
Attachment number 1
Page 5 of 13
16. Secure, handle and preserve evidence.
17. Recover School Board property through working with other police
agencies.
18. Make referrals to social agencies.
19. Relay messages in emergency situations (such as, tornadoes,
hurricanes, etc.)
20. Provide special truancy investigations and prepare for prosecution.
21. Coordinate investigation of bus stop incidents.
22. Wear the official police uniform which shall be provided at the
expense of the law enforcement agency; however, civilian attire may be worn on such
occasions as may be mutually agreed upon by the Principal and the SRO supervisor.
23. Perform such other duties as mutually agreed upon by the Principal
and the SRO, so long as the performance of such duties are legitimately and
reasonably related to the SRO Program as described in this Agreement, and so long as
the duties are consistent with State and Federal law and the policies and procedures of
the CLEARWATER P.O.
24. Follow and conform to the School Board Policy Manual, which is
available at each school site and F.S. S1006.12, that does not conflict with the policies
and procedures of the CLEARWATER P.O. The parties to this agreement shall abide
by all Federal and State Civil Rights legislation including the Civil Rights Act of 1964
and its' subsequent amendments.
25. Provide a Monthly Activities Report or such other report regarding
his/her activities, as may be required by the Superintendent or designee. A copy of the
report shall be provided to the principal on a monthly basis.
26. SRO's are recognized as an active part of the school's administrative
team. Their duties as a team member reflect their agency's directions and lend their
expertise to the review of activities, duty assignments, scheduling and identification of
potential problems.
27. The Clearwater Police Department will provide an opportunity for
Principals to provide input on the SRO's performance.
E. Support Services to be Provided by CLEARWATER P.O. The
CLEARWATER P.O. shall supply the following support services for SROs:
5
Item # 4
Attachment number 1
Page 6 of 13
1. Maintain and file Uniform Crime Reporting (UCR) records according to
law.
2. Maintain a dispatch log, consistent with accepted law enforcement
management practices.
3. Provide copies of all reports taken by the School Resource Officer to
the Pinellas County Schools Police, upon request, as the law allows.
4. Provide each SRO with a patrol automobile and all other necessary or
appropriate police equipment. The cost of purchasing, maintaining, and repairing police
equipment provided under this agreement shall be borne by the CLEARWATER P.D.
5. Maintain copies of reports generated by officers in compliance with
State and Federal laws.
6. Maintain fingerprints and photographs of arrestees in compliance with
State and Federal laws.
ARTICLE II. Relationship of SROs to Board and CLEARWATER P.D.
The SRO shall be an employee of the CLEARWATER P.D. and not an employee
of the BOARD. The CLEARWATER P.D. shall be responsible for the hiring, training,
discipline, and dismissal of its personnel. BOARD employees shall report allegations of
improper conduct to the SRO's immediate supervisor or to the department's internal
affairs section. BOARD employees shall not conduct an internal investigation of alleged
improper conduct on the part of the SRO.
ARTICLE III. Charqes for SRO Services.
In consideration of the services provided herein, the BOARD shall pay to the City
of Clearwater the sum of $38,209.05 (THIRTY EIGHT THOUSAND TWO HUNDRED
NINE DOLLARS AND FIVE CENTS) for each SRO for the 2006-2007 contractual term.
During the 2007-2008 school year, and the 2008-2009 school year, the compensation
shall increase to $39,737.41 (THIRTY NINE THOUSAND SEVEN HUNDRED THIRTY
SEVEN DOLLARS AND FORTY ONE CENTS) and $41,326.91 (FORTY ONE
THOUSAND THREE HUNDRED TWENTY SIX DOLLARS AND NINETY ONE CENTS)
respectively. Payments shall be made in monthly installments. The invoice for the
month of May shall be submitted no later than the 15th of June. No other consideration
will be required during the term of this Agreement for the in-school services called for
herein.
The BOARD shall, however, reimburse the CLEARWATER P.D. for all security
services performed at school functions occurring after regular school hours. The rate of
reimbursement for such after-school activities shall be in accordance with the
CLEARWATER P.D. salary policy and procedures. The school shall be billed for the
6
Item # 4
Attachment number 1
Page 7 of 13
services within thirty (30) days from the date of service, and any services provided
during May shall be submitted no later than the 15th of June. In the event that summer
schools are offered and require law enforcement coverage the number of summer
schools covered by the CLEARWATER P.O. shall be determined through negotiation,
and the costs prorated, based upon the required hourly coverage contained in Article III.
ARTICLE IV. Problem Resolution.
The parties, their agents and employees will cooperate in good faith in fulfilling
the terms of this Agreement. Unforeseen difficulties or questions will be resolved by
negotiation between the Superintendent of the Board and the Chief, or their designees.
ARTICLE V. Amendments.
Changes in the terms of this Agreement may be accomplished only by formal
amendment in writing approved by the CLEARWATER P.O. and the Board.
ARTICLE VI. Transfer of SRO's.
Both the School Board and CLEARWATER P.O. desire to avoid the transfer of
an SRO at the request of a principal. Therefore, except in egregious circumstances
when the SRO's behavior warrants immediate removal, the following procedures must
be followed:
A. Principals should engage in good personnel management practices to
include discussing any issues or concerns with the SRO first, followed by consultation
with the SRO's supervisor if necessary.
B. If, after sufficient time has been given for the SRO to modify his/her
performance, and concerns still exist, then the Principal will recommend to the Area
Superintendent that the SRO be transferred from the school, stating the reasons for the
recommendation in writing.
C. Within a reasonable period of time after receiving the recommendation to
remove an SRO, the Area Superintendent, or designee, will confer with the Chief, or
designee, to attempt to resolve any problem that may exist between the SRO and the
staff at his/her assigned school.
1. With the agreement of the Superintendent and the Chief, or their
designees, the SRO, or specified members of the staff from the school, may be required
to be present at that meeting.
2. If, within a reasonable amount of time, the problem cannot be resolved
in the opinion of both the Superintendent and Chief, or their designees, thenJhe SRO
will be transferred from the school and a replacement will be selected, as provided
elsewhere in this Agreement.
7
Item # 4
Attachment number 1
Page 8 of 13
This Article does not provide the SRO any rights separate and apart from those
found in CLEARWATER P.D.'s collective bargaining agreement with its union. Only
CLEARWATER P.D. itself, and not individual SROs, can seek enforcement of the
provisions of this Agreement. Nothing herein shall preclude the CLEARWATER P.D.
from unilaterally transferring the SRO at its sole discretion.
ARTICLE VII. Term of Aqreement.
The term of this Agreement shall be for 3years with annual sequences that reflect
the time period from July 1 through June 30, beginning July 1, 2006. The BOARD shall
receive the SRO services described in Article I, for the full term of the Agreement.
ARTICLE VIII. Materials and Facilities Supplied bv Board.
The BOARD shall provide the SRO, in each school to which an SRO is assigned,
the following materials and facilities necessary to the performance of duties by the SRO:
A. Access to a private office which is air conditioned and properly lighted,
with a telephone, to be used for general business purposes. Whenever practicable, the
SRO will be provided with a private office. Upon request, SROs will be provided free
access to the Board's computer network to the extent that it is economically practicable.
CLEARWATER P.D. will provide the computer hardware to be utilized by the SRO,
although each individual school may provide such hardware in its sole discretion. If
access is provided, existing school security procedures must be followed, to include
secure network access for both the computer and user. Network use must conform to
school board policy 7.33, Electronic Resource Usage.
B. A location for files and records which can be properly locked and secured.
C. A desk with drawers, a chair, work table, filing cabinet, and office supplies
(e.g. paper, pencil, pens, etc.).
D. Access to a typewriter and/or secretarial assistance.
E. The SRO will be issued keys for complete access on the campus to which
he/she is assigned in accordance with the school safety plan. In the event these keys
are lost misplaced, or stolen through negligence, the cost of any re-keying of the facility
shall be borne equally by the law enforcement agency and the BOARD.
ARTICLE IX. Termination.
This Agreement may be terminated by either party for cause upon seven (7) days
written notice that the other party failed substantially to perform in accordance with the
terms and conditions of this Agreement through no fault of the party initiating
termination. This Agreement may be terminated without cause by either party upon
thirty (30) days written notice. Termination of this Agreement may only be
8
Item # 4
Attachment number 1
Page 9 of 13
accomplished as provided herein. In the event this Agreement is terminated, and the
BOARD has paid for the SRO in advance, the BOARD shall be entitled to a prorated
refund of any advanced payments for which the SRO services have not yet been
provided. Compensation will be made to the CLEARWATER P.O. for all services
performed to the date of termination.
ARTICLE X. Defense of Leqal Actions.
A. Subject to the limitations contained in F.S.S111.07, the CLEARWATER
P.O. shall defend any lawsuit filed against the CLEARWATER P.O. or the SRO which
arises out of services performed by the CLEARWATER P.O. CLEARWATER P.O.
procedures shall be followed in handling such suits. The CLEARWATER P.O. shall pay
any judgment rendered against it according to law. Nothing contained herein shall be
construed to waive the provisions of F.S.S. 768.28 as the same applies to both the
CLEARWATER P.O. and the BOARD.
B. The BOARD shall defend any lawsuit filed against the BOARD which
arises out of services performed by the BOARD. BOARD procedures shall be followed
in handling such suits. The BOARD shall pay any judgment rendered against it
according to law. Nothing contained herein shall be construed to waive the provisions
of F.S.S 768.28 as the same applies to both the BOARD and the CLEARWATER P.O.
ARTICLE XI. Miscellaneous.
A. Assiqnment. This Agreement may not be assigned without the written
consent of the CLEARWATER P.O. and the BOARD.
B. Severability. Should any section or part of any section of this Agreement
be rendered void, invalid, or unenforceable by any court of law, for any reason, such a
determination shall not render void, invalid, or unenforceable any other section or any
part of any section of this contract.
C. Notification. All notices, requests, demands, or other communications
hereunder shall be in writing and shall be deemed to have been served as of the
delivery date appearing upon the return receipt if sent by certified mail, postage prepaid
with return receipt requested, at the address listed below, or upon the actual date of
delivery, if hand delivered to the address below. Either party may change the below-
listed address at which it receives written notices by so notifying the other
party hereto in writing.
CLEARWATER P.O. to:
Chief of Police, Clearwater P.O.
645 Pierce St.
Clearwater, FL 33756
Copy to:
City Attorney, City of Clearwater
112 S. Osceola Ave.
Clearwater, FL 33756
9
Item # 4
Attachment number 1
Page 10 of 13
Board to:
Chief of Police
Pinellas County Schools Police
11111 S. Belcher Rd.
Largo, FL 33773
Copy to:
School Board Attorney
Pinellas County School Board
301 4th St. SW
Largo, FL 33770
D. Waiver. No act or omission or commission of either party, including
without limitation, any failure to exercise any right, remedy, or recourse, shall be
deemed to be a waiver, release, or modification of the same. Such a waiver, release, or
modification is to be effected only through a written modification to this Agreement.
E. Governinq Law and Venue. This Agreement is to be construed in
accordance with the laws of the State of Florida. Venue for any cause of action or claim
asserted by either party hereto brought in state courts shall be in Pinellas County,
Florida. Venue for any action brought in Federal court shall be in the Middle District of
Florida, Tampa Division, unless a division shall be created in St. Petersburg or Pinellas
County, in which case action shall be brought in that division.
F. Headinqs. The paragraph headings are inserted herein for convenience
and reference only, and in no way define, limit, or otherwise describe the scope or intent
of any provisions hereof.
G. Due Authoritv. Each party to this Amendment represents and warrants to
the other party that (I) they are duly organized, qualified and existing entities under the
laws of the State of Florida, and (ii) all appropriate authority exists so as to duly
authorize the persons executing this Amendment to so execute the same and fully bind
the parties on whose behalf they are executing.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the date first above written.
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
By:
Attest:
Print:
Print:
Chairman
Ex-Officio Secretary
10
Item # 4
CITY OF CLEARWATER, FLORIDA
By:
Print:
City Manager
Approved as to form:
Sign:
Print:
School Board Attorney
Attest:
Print
City Clerk
Attachment number 1
Page 11 of 13
Print:
City Attorney
11
Item # 4
Attachment number 1
Page 12 of 13
APPENDIX I
Guidelines for Security at School Events
The purpose of these guidelines is to establish criteria for determining the number of police officers
needed to provide security at school sporting events or activities. These guidelines will be followed
whenever a school intends to use any School Resource Officer (SRO) for security purposes.
I.
Level of Risk
A. The School Resource Officer and their supervisor, in consultation with the appropriate school
representative, will determine the appropriate level of risk.
B. The criteria used to determine the level of risk will include the following:
I. The type of event, i.e. football, basketball, etc.
2. The anticipated attendance and capacity of the facility/building.
3. The level of competition, such as IV or varsity, championship, etc.
4. The location of the event, i.e. home game or away.
5. The number of school personnel and other security present.
6. The time of the event.
7. The design of the sporting facility or building, whether it is a secure or controlled area.
8. Intelligence information, credible threat assessment, attendance of dignitaries, and
historical information pertaining to rivalries, etc.
C. Risk Level Categories
1. Low Ri sk
a. Expected attendance at the sporting facility/building is 30% or less of seating
capacity.
b. Non-competitive, low interest event.
c. No potential of threat or safety concerns.
d. No history of past problems or rivalry between the teams.
2. Moderate Risk
a. Expected attendance at the sporting facility/building is between 30% and 80%
of seating capacity.
b. Competitive, moderate interest event.
c. Main attraction sporting event or activity in the City.
d. Design of facility/building poses security/safety concerns.
e. Potential of threat, however, no credible threat exists.
12
Item # 4
Attachment number 1
Page 13 of 13
3. Elevated Risk
a. Expected attendance at the sporting facility/building is 80% or higher of seating
capacity.
b. High interest event.
c. Main attraction sporting event or activity in the City.
d. Design of facility/building poses security/safety concerns.
e. Credible threat exists.
f. History of past problems or rivalry between the teams.
g. Personnel Assignment Scale
A. Once the level of risk has been established, the following scale will be used to determine the
number of officers needed to work the event. These numbers would not include the SRO from
the visiting team. At any time, the risk assessment may be re-assessed and either down graded or
up graded, and the staffing level may be either increased or decreased during the event.
1. Low Ri sk
a. SRO only minimum.
b. Up to an SRO and 2 officers, depending on the criteria.
2. Moderate Risk
a. SRO and 2 officers minimum.
b. Up to an SRO and 3 officers, depending on the criteria.
3. Elevated Risk
a. SRO, 4 officers and I sergeant minimum (when five or more officers are
assigned, policy requires a sergeant also will be assigned to work).
b. SRO, more than 4 officers and I sergeant, depending on the criteria.
B. The supervisor or School Resource Officer in-charge will be responsible for the officer
assignments during the event and will determine when the event is officially over for the release
of staffing.
13
Item # 4
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve submission of an application for federal funding in the amount of $103,408 to the U.S. Department of Justice/Bureau of Justice
Assistance (USDOJ/BJA) under the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) program. (consent)
SUMMARY:
On July 2, 2007, the Police Department will be submitting an application for federal grant funding in the amount of $103,408 for
the following equipment: consoles for equipment in police cruisers; two digital voice recorders for use in vice and narcotics; and, eleven
laser/radars for use by the traffic enforcement team. There is no cash match or additional personnel associated with this grant.
USDOJ/BJA requires that all JAG grant applications be reviewed and approved by the City Council before USDOJ/BJA will
consider approval of grant funding.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Appropriation Code
Grant
Amount
Appropriation Comment
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 2
Program Narrative
Clearwater will utilize 2007 JAG funds for general law enforcement purposes,
specifically to purchase supplies needed for the department's overall
investigative, enforcement, and community policing activities.
The supplies to be purchased include: Consoles for police cruisers; solid state
digital voice recorder kits; and laser/radars for traffic enforcement. The following
is a description of how these supplies will be utilized and why they are needed.
Consoles for Police Cruisers
Clearwater proposes spending $71,808 of its JAG allocation on new consoles for
installation in its police cruisers. Clearwater is currently in the process of revising
and replacing its in-car equipment that relates to CAD/RMS functions. The new
system involves a ground-breaking partnership with the Pinellas County Sheriff's
Office (PCSO) that will provide long-awaited interoperability between the two
agencies.
As a result of these revolutionary changes, patrol officers will need new consoles
in their patrol cars that will accommodate the new equipment that is being
installed. The new consoles will provide a strong and safe mounting solution for
the patrol car's "mobile office," allowing for installation of a computer, keyboard,
printer, etc. The design of the console is still low profile and compact enough to
provide for the officer's comfort and safety.
These new consoles will allow Clearwater patrol officers to utilize the new
CAD/RMS equipment with greater ease and efficiency and allow the officer to
provide better service to the residents whom they serve.
In addition to the new CAD/RMS, Clearwater will also be installing new Ticket
Printers in the patrol cars that will make the new consoles a necessity. This new
technology will allow officers to swipe a violator's driver's license through a
machine that reads the magnetic strip; the printer will then produce a pre-printed
traffic ticket with all of the relevant information.
The new Ticket Printers boast a number of capabilities that will provide a myriad
of benefits to the patrol officer, the public and the court system, including: (1)
completes tickets faster and more accurately; (2) eliminates data entry errors; (3)
enables officers to quickly return to service; (4) works with current mobile
technology; (5) reduces contact time with violators; and, (6) provides
professional easy to read tickets.
Without the new consoles, Clearwater's police cruisers would simply not be able
to accommodate this cutting edge technology.
Item # 5
Attachment number 1
Page 2 of 2
Solid State Digital Voice Recorder Kit
Clearwater also proposes spending $5,700 of the JAG grant on two digital voice
recorder kits. These devices represent the latest and best in undercover sound
recording technology. Clearwater will purchase the kits for use in covert audio
recording of criminal suspects in drug trafficking, human trafficking and other
criminal investigations. These recording devices are much smaller and easier to
conceal than recording devices used in the past and provide crystal clear
recordings.
These recording devices will be an immense enhancement to Clearwater's
undercover criminal operations. Not only will they be used to record undercover
drug transactions, but they will also prove useful for utilization by Clearwater's
new Human Trafficking Task Force, which was just initiated in the fall of 2006.
laser/Radars for Traffic Enforcement Patrol Vehicles and Motorcycles
Clearwater proposes to utilize $25,900 in JAG funding to purchase new
laser/radar units for its Traffic Enforcement Team. In the past 18 months, 11 of
Clearwater's radar units have been taken out of service, all of them no longer
working and unable to be repaired for a variety of reasons (all units were 10
years or older, parts were unavailable, etc.) There is no funding in
Clearwater's budget to replace these units.
The 11 new units that will be purchased incorporate the latest in radar
technology, offering the greatest in range and accuracy. It is essential that
Clearwater have accurate, reliable radar equipment if it is to be expected to
enforce traffic laws within its jurisdiction.
Each and every year, surveys and opinion polls reveal that traffic enforcement is
the number 1 concern of Clearwater residents. Speeding and aggressive driving
are creating major problems on Clearwater's roadways. Strict, reliable
enforcement of traffic laws cannot be enforced if law enforcement does not have
the proper tools with which to do so. The new laser/radar units will allow
Clearwater police officers to provide the kind of diligent traffic enforcement that
the public is demanding of them.
All of the above items will be purchased and installed within the grant period,
most likely within the first year.
Item # 5
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept Easement For Ingress/Egress and Utilities over, under and across portions of Block 12, MAGNOLIA PARK SUB., and Block
12, COURT SQUARE SUB., totaling 7,642 square feet, as conveyed by The Church of Scientology Religious Trust in consideration of
receipt of $1.00 and the benefits to be derived therefrom. (consent)
SUMMARY:
The Church of Scientology has constructed its four story 581 space parking garage addressed at 645 Franklin Street.
The subject easements consist of a 24-foot wide access and utility easement containing 7151 square feet and extending along the
westerly boundary of the garage site between Franklin and Court Street, and a 491 square foot easement adjacent to Franklin Street
right-of-way.
The larger easement grants the City authority to maintain and replace its sanitary sewer line as necessary within the prescribed easement
area.
The smaller easement parcel provides authority for the City to maintain a fire hydrant and water line connection at the base of the
garage's northwest stair tower.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 6
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Item # 6
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract for "Demolition of Commercial Structure - Jack Russell Stadium, 801 Phillies Drive (07-0002-PR)" to JVS
Contracting, Inc. of Tampa, Florida for the sum of $104,280.00 which is the lowest responsible bid received in accordance with the
plans and specifications and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Jack Russell Stadium, 801 Phillies Drive, Clearwater, Florida was constructed in 1956 and is over 51 years old. Due to structural
failures, repairs were done to this facility in 2002 that has allowed the facility to remain open until now.
As this facility aged, necessary, expensive structural repairs became increasingly more frequent as dictated and required by annual
structural engineering inspections performed by McCarthy and Associates, Inc. Additionally, this facility no longer achieved or
provided the expected standards of level of services provided by the Parks and Recreation Department and as such a Capital
Improvement Program (93254) for the future demolition of Jack Russell Stadium was created.
The Engineer's Estimate of probable cost for this project was $150,000.00 and eight (8) competetive bids were received. All required
asbestos abatement and environmental audits have been completed with no further action required. Funding for this project is provided
by Capital Improvement Program (93254), Jack Russell Infrastructure Repairs and Demolition.
This project will start as soon as possible after award and execution of contract, and is scheduled to be completed within 60 calendar
days. Upon completion of all demolition activities, the facility will reopen to the public and continue to be used as a baseball playing
field.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Appropriation Code
0315-93254-560600-572-
000-0000
Amount
$104,280.00
Appropriation Comment
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Item # 7
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Jack Russell Stadium
D"awn By S.K.
Grid # 278A
Reviewed By: G.B. Scale: N.T.S.
S-T-R 10-29s-15e C\3te: 04/17/07
Item # 7
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City of Clearwater Engineering Department
Jack Russell Stadium -
Demolition Area
D"awn By S.K.
Grid # 278A
Reviewed By: G.B. Scale: 1"=100'
S-T-R 10-29s-15e C\3te: OS/21/07
Item # 7
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract for the construction of the "Clearwater Beach West Bridge Spur Connector" (99-0081-EN) project to American
Bridge Corporation of Orlando, Florida, for the sum of $2,481,673.25 which is the lowest responsible bid received in accordance with
the construction plans and specifications, award a Construction Engineering & Inspection (CEI) contract to Ayres Associates (EOR) for
$390,537.00 and authorize the appropriate officials to execute same.(consent)
SUMMARY:
On October 19,2000, the City Council approved the original Local Agency Program (LAP) Agreement between the Florida Department
of Transportation (FDOT) and the City of Clearwater for the design and construction of the Clearwater Beach West Bridge Spur
Connector utilizing 100% reimbursable federal Congestion, Mitigation & Air Quality (CMAQ) funding.
The "Clearwater Beach West Bridge Spur Connector" is a pedestrian and bicycle bridge that will cross over the Mandalay Channel
south of the existing fishing pier, and will connect the existing sidewalks on Clearwater Beach and the Memorial Causeway segment of
the Ream Wilson Clearwater Trail. Additionally, this bridge has been designed to carry the load of light emergency vehicles if required
(ambulance / rescue and police cars only).
The original design was a signature cable-stayed bridge that was competitively bid September 19,2005. The lowest bid was in the
amount of $5,287,269.35 that exceeded the available federal funding. The City decided to reject the bids and redesign and rebid the
bridge as a conventional, multi-span, pre-stressed concrete structure.
Supplements to the original LAP agreement have been approved by City Council (7/22/02,1/15/04, and 7/21/05) increasing the grant to
a total of $4,728,984.00.
All construction and CEI costs associated with this LAP project will be 100% reimbursed by federal CMAQ funds administered through
the FDOT.
This project will start as soon as possible after award and execution of the contract, and is scheduled to be completed within 413
calendar days. All work will be done from a barge or the causeway. There will be no impact to the road or bridge 43.
Sufficient CMAQ budget is available in the Capital Improvement Program project 0315-92340, Clearwater Beach West Bridge
Connector, to fund the Construction in the amount of $2,983,472.03 and $390,537.00 for CEI services.
Copies of the contract and work order are available for review in the Official Records and Legislative Services Department.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
See "Summary" details.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
$2,872,210.25
to
Appropriation Code
0315-92340-561300-541-
000-0000
Amount
$390,537.00
Appropriation Comment
Item # 8
0315-92340-563800-541-
000-0000
$2,481,673.25
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
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Clearwater Beach Bridge
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Grid #
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Determine that it is necessary in the public interest to acquire a 180 day Temporary Construction Easement (TCE) to encumber an
8,443.03 square foot portion of Lot 1, CLEARWATER "19" COMMERCE PARK, and adopt Resolution 07-16 authorizing the City
Attorney to file an eminent domain action pursuant to Chapter 73, Florida Statutes, against Frank C. Kunnen, Jr. to condemn and
acquire said TCE, and authorize appropriate officiials to execute same.
SUMMARY:
Channel G, of Alligator Creek, flows along the westerly limits of Fairwood Forest townhomes and the easterly boundary of Clearwater
"19" Commerce Park owned by Frank C. Kunnen, Jr.
The Fairwood Forest and Clearwater" 19" Commerce Park structures were built too close to the top of the channel and the ditch is
between 10 and 12 feet deep. The Fairwood Forest structures are are at risk of falling into the channel unless improvements to the ditch
are implemented.
The Fairwood Forest Drainage Improvement Project is designed to stabilize the drainage ditch within its historic boundary utilizing
gabion baskets.
In 2005 all twenty-seven effected Fairwood Forest homeowners granted the City 180 day temporary construction easements to facilitate
the proposed project. Mr. Kunnen, whose Commerce Park property extends approximately 550 feet along the westerly project limits,
has not responded to requests for the required TCE.
On November 8,2006 Colliers Arnold Valuation Services appraised and valued the TCE at $5,500.
A purchase agreement offering to pay Mr. Kunnen the full appraised value of the 180 day TCE for project purposes was delivered via
certified mail, return receipt on April 9, 2007.
Mr. Kunnen met with City staff subsequent to receipt of the purchase offer seeking additional drainage improvements along the
southerly boundary of Clearwater "19" Commerce Park. Estimated costs of the proposed improvements were prohibitive, and Mr.
Kunnen has not provided any further response to the purchase offer.
Total project construction costs are presently estimated at approximately $2,000,000, including approximately $364,000 of
improvements to be made to Clearwater "19" Commerce Park property in addition to the cash consideration Mr. Kunnen will receive for
the TCE. additional project costs will likely be incurred as a result of the eminent domain process. These coudl include professional
fees for attorney(s), appraiser(s) and engineer(s) hired by Mr. Kunnen.
Although the exact total costs of the petition to condemn the subject easement are unknown, staff is confident sufficient funding is
available in Alligator Creek Implementation Project II (0357-96154) to fund the suit and construction costs.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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Attachment number 2
Page 1 of 2
RESOLUTION 07 - 16
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DETERMINING THE NECESSITY TO CONSTRUCT DRAINAGE
IMPROVEMENTS TO REALIGN THE MEANDER AND STABALlZE A
PORTION OF ALLIGATOR CREEK, CHANNEL G, AUTHORIZING AND
DIRECTING CONDEMNATION OF THE NECESSARY PROPERTY;
PROVI 01 NG AN EFFECTIVE DATE.
WHEREAS, the City Council has been advised by its Engineering Director that it
is necessary and in the public interest to undertake drainage improvements to realign
the meander and stabilize the banks of an approximately 1940 foot portion of Alligator
Creek, Channel G, lying within and adjacent on the west to Lots 22 through 45,
FAIRWOOD FOREST, and,
WHEREAS, the City Council has determined that the acquisition of certain
property and property rights is necessary for this public purpose; and;
WHEREAS, the City Council is empowered by the Florida Constitution and
Chapters 73, 74, 166, and 334 through 338, Florida Statutes, to exercise the power of
eminent domain and acquire such property and property rights as is deemed necessary
by the City Council for the construction of this project; and,
WHEREAS, the Engineering Department has defined the limits of construction to
be undertaken to accomplish the project, and intends in good faith to construct the
drainage improvements upon the hereinafter described property in accordance with
conceptual drawings for Fairwood Forest Drainage Improvements, West Ditch Plan and
Profile (City of Clearwater Engineering Department Project No. 03-0023-EN); and,
WHEREAS, the City Council, upon due consideration of the engineering analysis
and proposed project plans, the project costs and the public benefit of undertaking the
project, has determined the necessity of acquiring certain property and property rights
pursuant thereto; and,
WHEREAS, attempts to negotiate the acquisition of the following property and
property rights necessary to proceed with the project have been unsuccessful, and it is
therefore necessary to exercise the power of eminent domain for the public purpose of
facilitating the project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City Council finds it necessary and in the public interest to
construct the Fairwood Forest Drainage Improvements Project in accordance with
conceptual project plans.
Section 2. The City Council authorizes the Director of Engineering or his
designee, to give testimony and commit the City to the existing conceptual plans, and to
fully develop engineering plans for this project.
Resolution NoJtam # 9
Attachment number 2
Page 2 of 2
Section 3. The City Council commits itself to the particular use and extent of
the property to be taken as reflected in the conceptual and engineering plans.
Section 4. The City Council finds it necessary to acquire the specified
interests in the following described property in order to construct said project in
accordance with such plans:
A ONE HUNDRED EIGHTY (180) DAY TEMPORARY CONSTRUCTION
EASEMENT OVER, ACROSS AND UNDER A PORTION OF LOT 1, CLEARWATER
"19" COMMERCE PARK, AS RECORDED IN PLAT BOOK 95, PAGE 1 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY
DESCRI BED AS FOLLOWS:
Commence at the Northeast corner of Lot 1 , CLEARWATER "19" COMMERCE
PARK as recorded in Plat Book 95, Page 1 of the Public Records of Pinellas County,
Florida; thence N89044'OTW, along the North line of said Lot 1, 15.00 feet, to a point on
the West line of a 15.0' Drainage and Utility Easement, as shown on said Plat, and to
the Point of Beginning; thence S01 01 0'56"W, along said West line, 550.07 feet, to a
point on the North line of a 20.0 Drainage and Utility Easement, as shown on said Plat;
thence N89044'07"W, along said North line, 42.31 feet; thence NOo015'53"E, 10.00 feet;
thence S89044'07"E, 27.47 feet; thence N01010'56"E, 190.51 feet; thence S88049'04"E,
3.90 feet; thence N01010'56"E, 6.67 feet; thence N88049'04"W, 3.90 feet; thence
N01010'56"E, 148.51 feet; thenceS88049'04"E, 4.44 feet; thence N01010'56"E, 7.80
feet; thence N88049'04"W, 4.44 feet; thence N01010'56"E, 152.69 feet; thence
S88049'04"E, 3.47 feet; thence N01010'56"E, 6.14 feet; thence N88049'04"W, 3.47 feet;
thence N01010'56"E, 27.76 feet, to a point on the North line of said Lot 1; thence
S89044'07"E, along said North line 15.00 feet, to the Point of Beginning.
Containing 8443.03 square feet, more or less.
Section 5. The City Attorney is hereby expressly authorized to file a petition
in eminent domain against the property identified in this Resolution.
Section 6.
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of
,2007.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Paul Richard Hull
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Resolution No. -oltem # 9
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Attachment number 4
Page 1 of 1
81 18
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City of Clearwater Engineering Department
D"awn By S.K. Reviewed By: E.B. Scale: N.T.S.
Grid # 282A S-T-R 8-29s-16e C\3te: 05/10/07
Item # 9
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint one member to the Marine Advisory Board with the term expiring on June 30, 2011.
SUMMARY:
The Appointment Worksheet is attached.
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 1
APPOINTMENT WORKSHEET
FOR COUNCil MEETING
June 7,2007
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALI FICA TIONS: None
MEMBERS: 7
CHAIRPERSON: Paul Kelley
MEETING DATES: 2nd Wed., 8 am
PLACE: Marina
APPTS. NEEDED: 1
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. William F. Stephan - 2751 Regency Oaks Blvd., Unit M507, 33750 - Retired/Education Adm.
Original Appointment 10/05/06 - 1st Term
Passed away recently
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
1. David J. Napoli - 2644 Barksdale Ct., 33761 - Retired/Trademan, Construction
2. Donald O. McFarland - 108 S. Hercules Ave., 33765 - lawyer
Zip codes of current members on board:
2 at 33761
1 at 33765
3 at 33767
Item # 10
FEB-21-2007 17:31
From:
To: 5624086
Page: i!tlal;hment number 2
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) RECEIVED.
Name:~'J'\}) ":\: ~'J
Home Address:
~ \o"\l.\ . ~~~\<s~PtL~ c-r
c.l-~ A tt "'" ~ ~ If. 1 -:;'L ft n: 1'1" ZiD ,~" LI
Telephone: N "7 :J.. 7... , <1 , - 5"' J I:,
How long a resident o~ Clearwater? :l % Cf It -,.
Occupation: ~ 1;:~ It '!: b
Field of Education:
EEa.2..L2007
Office Address:
OFFICIAL.RECORDs AND
lEGISlAM SRVes DEPJ'
Zip
Telephone: Co 7 J.. '1- #1. '2 - /7 h '2
Employer:
Other Work Experience:
\\.;, ~ SeLI\,QL
-r Q.. 01 "b "l. S e. Lt. l'l& L
&" ~ Rb.
".ziti b
If retired, former occupation:-rttlb1:.""'~ t.>J CO INsrR.lJc.1J'a')~ ~ lJV"4 A.14l,.". (,.Jr
Community Activities:..11c:~ ~ 'L ;AJ ~J. va.cJ. J SC.'.....Ch ~ r~~- A 5 A
.~ i tl~C!.'-O<<.. 0 ~ c:'c.u'h 0 ..~s ac.. ~acU.:b.
Other Interests: .:::1- j..5. h .: III s: c.. n L. 1tA c..; u ~..
Board Service (current and past):
IV 0 I\) Co
Board Preference:
HAt./,jc' AbV;..soR.'f~III1A),
A/VAh'~~pItl.L C'ab r. ZJu7on~ ~ """t, AJr-
Additional Comments:"::t' f ~ ~L -,- c:. 4ft U L b
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JoJftJA-r' ~ INN EIC...
Slgned:V~~.o.: Dale: ~~IJ'Z
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
Item # 10
FEB-21-2007 17:31
From:
To: 5624086
Page :A:ra'llhment number 2
Page 1 of 1
, .
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and re5pt')n~ibilitje5?
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2. HlIve you eVl::lf' observed a board meeting eilher in person or on C-View, the
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3. What background and/or qualifications do you have that you feel would
qualify you to serVl::l on this Board?
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4, Why do you want to serve on this BOArd?
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Nl:Sme~v ; b --::s.. 0Ai IJL,' ,
Board Name: IY'Ip" ''>L: Atwi roll 1
Item # 10
Attachment number 3
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
DonRld o. McFarland
Home Address:
Office Address:
108 S. Hercules Ave.
311 S. Missouri Ave.
Clearwater, FL
Zip 33765
Clearwater, FL
Zip 33756
Telephone: 727-446-8952
Cell Phone:
Telephone: 72 7 -461-1111
E-mail Address:
How long a resident of Clearwater?
Occupation: Lawyer
Field of Education:
76 years
Employer: Self
Other Work Experience:
If retired, former occupation:
Community Activities: Civil Service Board Clearwater
Marine Advisory Board Clearwater
Other Interests:
Board Service (current and past):
Board Preference:
Marine Advisory Board
Additional Comments:
-orb
S attached list for bo s th require financial disclosure at time of appointment. Please return
is application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
fO)l ~ @ ~ ~ WI ~ rm
ln1 AUG 142m) l!J)
Item # 10
Attachment number 3
Page 1 of 1
::.,.
BOARD QUESTIONNAIRE
1.
What is your understanding of the board's duties and responsibilities?
Review. originate and advise on Marine matters.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Sure
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
Life long interest in Marine activities.
4. Why do you want to serve on this Board?
Appreciation of Board functions in the past and desire to help in
the future.
Name:
Board Name:
Item # 10
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Modification to Settlement Stipulation between City of Clearwater and Clear Channel Outdoor, Inc. as successor to Eller
Media Company and Patrick Media Group, Inc., and authorize appropriate officials to execute same. (consent)
SUMMARY:
In 1998, the City entered into a Settlement Stipulation in Patrick Media Group Inc. v. City of Clearwater, Case No. 93-174-CI
(21), a case regarding billboard amortization. Patrick was succeeded by Eller Media Company and then by Clear
Channel Outdoor, Inc. As part of the Stipulation, the company was to remove, and did remove, two billboards on
Gulf-to-Bay Boulevard, and was to be allowed to replace them with two billboards at sites of its choosing on U.S.
19. Clear Channel selected a site at 19246 U.S. 19; however, that site is subject to a Development Order requiring
compliance with current code which does not allow billboards. Meanwhile, the owner of property at Drew Street and
Belcher Road had obtained approval for development [FLD2006-1 0058A]. That property contains an
existing billboard also owned by Clear Channel. The Belcher Road property is also the subject of an annexation
application, ANX2006-1 0039. This Modification of the Settlement Stipulation provides that Clear Channel will be
allowed to erect the billboard at 19246 U.S. 19 following removal of the Belcher Road billboard. The new billboard
will be 50' in height as opposed to 40' per the company's assertion that trees and shrubbery compromise visibility at
40'. The City would also support amendment of the Development Order for the U.S. 19 site to allow the new billboard.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 4
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL
CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
PATRICK MEDIA GROUP, INC.,
a Delaware corporation
Plaintiff,
v.
Civil Case No. 93-174-CI (21)
CITY OF CLEARWATER, a Florida
municipal corporation,
Defendant.
/
MODIFICATION TO SETTLEMENT STIPULATION
BETWEEN CITY OF CLEARWATER AND ELLER MEDIA COMPANY
THIS MODIFICATION TO SETTLEMENT STIPULATION between City of
Clearwater and Eller Media Company ("Eller") is entered into this _ day of
,2007
by and between the City of Clearwater, Florida (herein "City") and Clear Channel Outdoor Inc.,
doing business in Florida as CC Outdoor Inc., as successor to Eller Media Company (herein
"Clear Channel").
RECITALS
WHEREAS on January 15, 1998 the City and Eller entered into a Settlement Stipulation
(herein the "Stipulation") which was approved by the Circuit Court in and for Pinellas County on
October13, 1998 in Patrick Media Group Inc. v. City of Clearwater, Case No. 93-174-CI (21);
WHEREAS pursuant to paragraph 5 of the Stipulation, Clear Channel was allowed a one
(1) time right to replace each of the two signs described as Sign Nos. 15 and 16 in Exhibit A to
the Stipulation which were located on State Road 60 to the east of U.S. Highway 19 with two (2)
signs to be erected by Clear Channel at any two (2) locations along U.S. Highway 19 within the
corporate limits of the City (the "Replacement Signs") within seven (7) years from the date(s) of
TPA#2345158.3
Item # 11
Attachment number 1
Page 2 of 4
removal of the respective signs and in conformance with applicable state and federal laws and
regulations;
WHEREAS, pursuant to paragraph 5 of the Stipulation, the sign areas on the two (2)
Replacement Signs could equal, but shall not exceed, ten (10) feet by forty (40) feet in size and
the height of the Replacement Signs, measured from the crown of the road at the applicable
location on US. Highway 19, could equal, but not exceed, the height of Sign No. 15 and Sign
No. 16 measured from the crown of the road at the location of these signs on Gulf to Bay
Boulevard (State Road 60). The height of those signs was forty (40) feet measured from the
crown of the road;
WHEREAS, Clear Channel has secured a lease on a location at 19246 US. Highway 19
at the intersection of US . 19 and Ham Road within the corporate limits of the City;
WHEREAS, due to trees and shrubbery, visibility of the sign would be compromised if it
were constructed at forty (40) feet; and
WHEREAS, the City has determined that this location is preferable to other locations
which Clear Channel could obtain on US. Highway 19.
WHEREAS, the City has determined that it may need to change the Development Order
in place for the proposed location.
In consideration of the foregoing and for other good and valuable consideration, the
parties have reached the following agreements:
AGREEMENTS
1. The above recitals are true and correct.
2. The City agrees that Clear Channel may apply for and upon submission of a
sufficient and complete application the City shall issue a permit for a sign structure to be located
TPA#2345158.3
Item # 11
Attachment number 1
Page 3 of 4
at 19246 U.S. Highway 19, Highway U.S. 19 at Ham Road. The parties further agree that the
sign shall be double-faced, the size of the sign area[s] on the sign shall be ten (10) feet six (6)
inches in height by thirty-six (36) feet in length, and the height of said sign structure shall be
fifty (50) feet measured from the crown of the road. Clear Channel shall submit said permit
application within thirty (30) days of the approval of this agreement by the Clearwater City
Commission.
3. The City further agrees to support an application by the property owner to the
Community Development Board for any necessary changes to the Development Order currently
applicable to the site to allow for the construction of a billboard sign at this location.
4. Within thirty (30) days of the issuance of the permit for the construction of the
billboard sign at the above location, Clear Channel agrees to obtain any necessary approval from
the property owner and to remove the sign structure currently located at Belcher Road ES 100 ft
N/O Drew Street F/S. Construction shall not commence on the sign to be located at US Highway
19 and Ham Road until the sign structure at Belcher and Drew has been removed.
5. The parties agree that any time limits contained within the original stipulation for
the relocation of the signs described in Paragraph 5 of the Stipulation are tolled for a period of
one hundred twenty(120) days from the date of execution of this Modification.
6. All provisions of the Stipulation not inconsistent with this Modification shall
remain in full force and effect.
7. The parties agree to seek any approval necessary for this Modification from the
Circuit Court for the Sixth Judicial Circuit.
This Modification to Settlement Stipulation is executed as of the date and year first set
forth above.
TPA#2345158.3
Item # 11
Countersigned:
Frank V. Hibbard, Mayor
Approved as to form:
Pamela K. Akin
City Attorney
TPA#2345158.3
Attachment number 1
Page 4 of 4
CITY OF CLEARWATER
William B. Home II, City Manager
Attest:
Cynthia E. Goudeau
City Clerk
CLEAR CHANNEL OUTDOOR INC., doing
business in Florida as CC Outdoor Inc., as
successor to Eller Media Company
Name:
Its:
Item # 11
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Schedule an attorney client session in the case of Crouch v. City, Case No. 93-2860-CI-21. (consent)
SUMMARY:
The City has been involved in litigation relating to a claim of Excessive Force against Chief Sid Klein and former Police Officer Robert
P Milliron regarding an incident that occurred on August 16, 1991, during which John Crouch was shot and killed by Officer Milliron.
The City Commission approved outside counsel services for the defense of this case on November 8, 1993. The Plaintiffs have been
extremely resistant to mediation arbitration or settlement of this case.
This case has been set for trial three times in the last year. In January, 2006, it was continued to the March docket. On March 6, 2006,
during jury selection the court struck the entire jury panel after making unsolicited comments about Officer Milliron which were
inadmissible at a civil trial.
The case has again been set for trial on July 16,2007. The City Attorney is requesting an attorney client session in this case before the
trial begins.
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
u
City Attorney's Office
Memorandum
TO:
Honorable Mayor and City Commissioners
FROM:
Pamela K. Akin, City Attorney
RE:
Crouch v. City of Clearwater
Request for Attorney-Client Session
DATE:
June 4,2007
I am requesting an attorney-client session in the above case to be held on either June 18,
2007 or June 20,2007.
PKAlgmd
Copy to:
William B. Horne II, City Manager
Item # 12
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7784-07 on second reading, annexing certain real property whose post office address is 2212-2216 Drew Street, an
unaddressed parcel, and 2205 Norman Drive, into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7784-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF DREW
STREET AND BELCHER ROAD AND SOUTH OF NORMAN
DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW
STREET, UNADDRESSED PARCEL, AND 2205 NORMAN DRIVE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WH EREAS, 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, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Legal description attached hereto.
(ANX2006-10039)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 13
Ordinance No. 7784-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7785-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 2212-2216 Drew Street, an unaddressed parcel, and 2205
Norman Drive, upon annexation into the City of Clearwater, as Commercial General (CG) and Residential Low (RL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7785-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF DREW
STREET AND BELCHER ROAD AND SOUTH OF NORMAN
DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW
STREET, UNADDRESSED PARCEL, AND 2205 NORMAN
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL GENERAL (CG) AND
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, FLORI DA:
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
A. 2212-2216 Drew S1. (See Exhibit "A")
B. 2205 Norman Dr. (See Exhibit "A")
(ANX2006-10039)
Land Use CateQorv
Commercial General
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7784-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 14
Ordinance No. 7785-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7786-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office
address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive, upon annexation into the City of Clearwater, as
Commercial (C) and Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7786-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY AT THE NORTHEAST
CORNER OF THE INTERSECTION OF DREW STREET AND
BELCHER ROAD AND SOUTH OF NORMAN DRIVE, WHOSE
POST OFFICE ADDRESS IS 2212-2216 DREW STREET,
UNADDRESSED PARCEL, AND 2205 NORMAN DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL (C) AND LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
A. 2212-2216 Drew St. (See Exhibit "A")
B. 2205 Norman Dr. (See Exhibit "A")
(ANX2006-10039)
Zoninq District
Commercial (C)
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7784-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 15
Ordinance No. 7786-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7817-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use designation for certain real property whose post office address is 2667 SR 590, from Residential Urban to
Residential Office Limited.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7817-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF SR 590,
APPROXIMATELY 150 FEET WEST OF THE INTERSECTION
OF SR 590 AND OWEN DRIVE, CONSISTING OF A PORTION
OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST IN
METES AND BOUNDS 22/01, WHOSE POST OFFICE
ADDRESS IS 2667 SR 590, FROM RESIDENTIAL URBAN TO
RESIDENTIAL OFFICE LIMITED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See attached legal description
(LUZ2007 -01001)
Land Use CateQorv
From: Residential Urban
To: Residential Office Limited
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 16
Ordinance No. 7817-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7818-07 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office
address is 2667 SR 590, from Medium Density Residential (MDR) to Office (0).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7818-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
SOUTH SIDE OF SR 590, APPROXIMATELY 150 FEET
WEST OF THE INTERSECTION OF SR 590 AND OWEN
DRIVE, CONSISTING OF A PORTION OF SECTION 8,
TOWNSHIP 29 SOUTH, RANGE 16 EAST IN METES AND
BOUNDS 22/01, WHOSE POST OFFICE ADDRESS IS
2667 SR 590, FROM MEDIUM DENSITY RESIDENTIAL
(MDR) TO OFFICE (0); 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
See attached legal description
(LUZ2007 -01001)
Zoninq District
From: Medium Density Residential (MDR)
To: Office (0)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 7817-07 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 S163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 17
Ordinance No. 7818-07
Attachment number 1
Page 2 of 2
Item # 17
Ordinance No. 7818-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7821-07 on second reading, annexing certain real property whose post office address is 1995 North Betty Lane, into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7821-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF NORTH BETTY LANE
APPROXIMATELY 150 FEET SOUTH OF WOODLAWN
TERRACE, CONSISTING OF LOTS 4, 5, AND 6, BLOCK 0,
BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 1995
NORTH BETTY LANE, TOGETHER WITH THE ABUTTING
RIGHT OF WAY OF NORTH BETTY LANE, 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:
Lots 4, 5, and 6, Block 0, Brooklawn, according to the map or plat thereof
as recorded in Plat Book 13, Page 59, Public Records of Pinellas County,
Florida, together with the abutting right of way of North Betty Lane
(ANX2007 -03008)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Item # 18
Ordinance No. 7821-07
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 18
2
Ordinance No. 7821-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7822-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1995 North Betty Lane, upon annexation into the City of
Clearwater, as Residential Urban.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7822-07
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 NORTH BETTY LANE APPROXIMATELY 150
FEET SOUTH OF WOODLAWN TERRACE, CONSISTING OF
LOTS 4, 5, AND 6, BLOCK 0, BROOKLAWN, WHOSE POST
OFFICE ADDRESS IS 1995 NORTH BETTY LANE, TOGETHER
WITH THE ABUTTING RIGHT OF WAY OF NORTH BETTY
LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lots 4, 5, and 6, Block 0, Brooklawn, according to the
map or plat thereof as recorded in Plat Book 13, Page 59,
Public Records of Pinellas County, Florida, together with
the abutting right of way of North Betty Lane
(ANX2007 -03008)
Land Use CateQorv
Residential Urban
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7821-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 19
Ordinance No. 7822-07
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7823-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1995 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7823-07
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 NORTH BETTY LANE
APPROXIMATELY 150 FEET SOUTH OF WOODLAWN
TERRACE, CONSISTING OF LOTS 4, 5, AND 6, BLOCK 0,
BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 1995
NORTH BETTY LANE, TOGETHER WITH THE ABUTTING
RIGHT OF WAY OF NORTH BETTY LANE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lots 4, 5, and 6, Block 0, Brooklawn, according to the
map or plat thereof as recorded in Plat Book 13, Page 59,
Public Records of Pinellas County, Florida, together with
the abutting right of way of North Betty Lane
(ANX2007 -03008)
Zoninq District
Low Medium Density
Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7821-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 20
Ordinance No. 7823-07
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
Review Approval: 1) Clerk
Cover Memo
Item # 21
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
Review Approval: 1) Clerk
Cover Memo
Item # 22
Meeting Date:6/4/2007
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: National Homeownership Month
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23