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06/07/2007 , (. ~L~.r r.'1~ A.~\.' . .>~ ~, ..,,:':k::' ._ C:i, "~'~JM:<c ,="". ..... :~ -. . ..... '~~ i"r':\' ": .:'.::... A~ ~ii::~""'"'' .; .,~~ '?4TE~~ City Council Agenda Location: Council Chambers - City Hall Date: 6/7/2007- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Proclamation: National Homeownership Month @) Attachments 5. Approval of Minutes 5.1 Approve the minutes of the May 17, 2007 City Council Meeting as submitted in written summation by the City Clerk. @) Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Continue second reading of Ordinance 7784-07, annexing certain real property whose post office address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive, to June 20,2007. @) Attachments 7.2 Continue second reading of Ordinance 7785-07, 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, to June 20,2007. @) Attachments 7.3 Continue second reading of Ordinance 7786-07, 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, to June 20,2007. I@l Attachments 7.4 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. I@l Attachments 7.5 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). I@l Attachments 7.6 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. I@l Attachments 7.7 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. I@l Attachments 7.8 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). I@l Attachments City Manager Reports 8. Consent Agenda 8.1 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) I@l Attachments 8.2 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) I@l Attachments 8.3 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) I@l Attachments 8.4 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) @l Attachments 8.5 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) @l Attachments 8.6 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) @l Attachments 8.7 Appoint Donald McFarland to the Marine Advisory Board with the term expiring on June 30, 2011. (consent) I@l Attachments 8.8 Schedule an attorney client session in the case of Crouch v. City, Case No. 93-2860-CI-21, for June 18, 2007 at 12:30 p.m. (consent) I@l Attachments 9. Other items on City Manager Reports 9.1 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. @l Attachments 9.2 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 1 year commencing July 1,2006, through June 30, 2007 and authorize the appropriate officials to execute same. I@l Attachments 9.3 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. I@l Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports @l Attachments 11. Other Council Action 11.1 Other Council Action I@l Attachments 12. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: National Homeownership Month SUMMARY: Meeting Date: 6/7 /2007 Review Approval: 1) Clerk Cover Memo Item # 1 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the May 17, 2007 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 7 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 17, 2007 Unapproved Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Also present: William B. Horne II Rod Irwin Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor Vice-Mayor Councilmember Councilmember Council member ( City Manager Assistant City City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Ha . Th offered by Pastor Peter Dembroski from Hope Presbyteria ch. The Ma of Allegiance. To provide continuity for research, ite necessarily discussed in that order. 4 - Presentations 4.1 Proclamation: National H sented the May 2007 Employee of the Month 3 2007 Cit Council Meetin as submitted in written ber Petersen moved to approve the minutes of the May 3, 2007 City Council meeting, a orded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Council 2007-05-17 1 Item # 2 Attachment number 1 Page 2 of 7 Joan Hyer requested the City reconsider permitting the removal of trees from property in the Oak Hill subdivision and opposed locating the structure five-feet from the property line. Planning Director Michael Delk reviewed Code requirements and City efforts to save the trees. Permits to remove the smallest tree will not be issued as most of its trunk is on an abutting property. If the other two trees are removed, the applicant will be required to plant a replacement tree and make a contribution to the tree fund. John Wiser said the name "East Gateway" for downtown shoul City's east gateway is near Tampa Bay; reported tomorrow is the la the property swap between the School Board and City for a bus co Sylvia Sheerer opposed reducing library hours and conditio Jerry Murphy requested the City act to stop fractional owners properties, as it would increase short-term rental opportunities. Six residents spoke in opposition to proposed bud Morningside Recreation Center. Eva Kunowska complained that construe' has limited access to her motel and blocked pa Public Hearin s - Not before 6:00 P 7 - Administrative Public He ~es a 0.355-acre property consisting of one g. It is located on the east side of North Betty :J"errace. The applicant is requesting this id waste se ce from the City. The Planning Department is g North Betty Lane right-of-way not currently within the City erty is contiguous to existing City boundaries to the west. It is signed a Future Land Use Plan designation of Residential ory of Low Medium Density Residential (LMDR). artment determined that the proposed annexation is consistent with munity Development Code Section 4-604.E and Pinellas County s follows: 1) Sanitary sewer service is not currently available in this area; 2) Collection lid waste will be provided by the City of Clearwater; 3) The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street; 4) Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue; 5) The City has adequate capacity to serve this property with solid waste, police, fire and EMS service; 6) The proposed annexation will not Council 2007-05-17 2 Item # 2 Attachment number 1 Page 3 of 7 have an adverse effect on public facilities and their levels of service; 7) The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code; 8) The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre; 9) The proposed zoning district to be assigned to the property is the Low M ium Density Residential (LMDR) District. The use of the subject property is consistent ith t es allowed in the District and the property exceeds the District's minimum dimens' eq ts. e proposed annexation is therefore consistent with the Countywide PI Co Plan and Community Development Code; and 10) The property pr for anne contiguous to existing municipal boundaries and is within the City's servic Therefore the annexation is consistent with Section 6(1 )(a) of Pinell nt which governs annexation and meets the applicable requirements of Pinellas Planning Council staff has reviewed this annexation and no Ordinance 7821-07 was presented for fi Councilmember Cretekos moved to pass Ordin duly seconded and upon roll call, th as: d for first readi inance 7822-0 s: title only. reading. The motion was , Gibson, and Hibbard. resented for first reading and read by title only. to pass Ordinance 7823-07 on first reading. The motion was II, the vote was: ran, Petersen, Cretekos, Gibson, and Hibbard. 8 - Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Cateqorv to the Residential/Office Limited (R/OL) Cateqorv and a Zoninq Atlas Amendment from the Council 2007-05-17 3 Item # 2 Attachment number 1 Page 4 of 7 Medium Densitv Residential (MDR) District to the Office (0) District for property located at 2667 SR 590 (consistinq of a portion of Sec. 8-29-16 in Metes and Bounds 22/01); and Pass Ordinances 7817-07 and 7818-07 on first readinq. This Future land Use Plan (FlUP) amendment and rezoning application involves property comprising approximately 0.76 acre in area located on the south side of SR 590, approximately 150 feet west of the intersection of SR 590 and Owen Drive. This operty has a FlUP classification of Residential Urban (RU) and a zoning designation of Medi ensity Residential (MDR). The applicant is requesting to amend the FlUP d tio site the Residential/Office Limited (R/Ol) classification and to rezone th to District in order to construct offices. The Planning Department determined that the proposed fut amendment and rezoning amendment, as recommended, are consis standards specified in the Community Development Code: 1) The pro amendment and rezoning application are consistent with the Comp proposed use is compatible with the surrounding area; 3) Sufficient p lie to serve the property; and 4) The applications will not have verse impa environment. In accordance with the Countywide Plan to the approval of the Pinellas Planning Council as the Countywide Planning Authority. The ap and approval by the Florida Depart Co Development Board reviewed thes tion its p unanimously recommended a 0 the Future la d to approve a n Amendment from the Residenti /Ol) Category and a m Density Res District to the Office (0) (consisting of a n of Sec. 8-29-16 in Metes conded and carried unanimously. t reading and read by title only. e 7817-07 on first reading. The motion was ersen, Cretekos, and Gibson. 818-07 was presented for first reading and read by title only. Councilme r Gibson moved to pass Ordinance 7818-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. Council 2007-05-17 4 Item # 2 Attachment number 1 Page 5 of 7 "Nays": None. 9 - Second Readings - Public Hearing 9.1 Continue second readinq of Ordinance 7784-07, annexinq 2212-2216 Drew Street, an unaddressed parcel. and 2205 Norman Drive to June 7,2007. AND AND 9.3 Continue second readin of Ordinance 7786-07 office address is 2212-2216 Drew Street June 7,2007. Councilmember Petersen moved to contin The motion was duly seconded and carried un City Manaqer Reports ott in its entiret to include medical 000 and the a ro riate officials be authorized 10.6 Approve a Work Order in the amount of $126,705 with Grimail-Crawford Inc to desiqn the improvements to Court Street between Ft. Harrison Avenue and Oak Avenue and Chestnut Street between Ft. Harrison Avenue and Oak Avenue. (consent) Council 2007-05-17 5 Item # 2 Attachment number 1 Page 6 of 7 10.7 Approve the final plat for "LAKEVIEW ROAD SUBDIVISION" located at 1365 Lakeview road, approximatelv 100 feet west of South Hillcrest Road. (consent) ":;/e the Consent Agenda as submitted and that the e. The motion was duly seconded and Tax Reform Pro osals Cit rk Cyndie Goudeau requested direction regarding City efforts to engage legislators and residents before the special session. Discussion ensued. The City Council encouraged residents to contact their legislators regarding property tax proposals while they are home before the special session. Council 2007-05-17 6 Item # 2 Attachment number 1 Page 7 of 7 13 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; congratulated City high school graduates. Mavor Hibbard recommended that Clearwater's not-for-profit agencies be make a five-minute presentation regarding offered services at City Council meet' Consensus was to support. Mavor Hibbard reported the Clearwater Historical Society h water bill at the Plumb House. The City Attorney said the City can funded by bonds. Discussion ensued. Consensus was to disallow. Councilmember Doran suggested the City Council consider s revenues with sponsorship of City facilities. Consensus was to sch downtown is starting to receive dividends from the investments that h 14 - Adjourn The meeting adjourned at 7:58 p.m. Attest: Council 2007-05-17 7 Item # 2 >~J~~;~<~~.;.~:t:,~j~i;YRfl' ":i';li' ":~':';'e::iti'''::, ~.ll~:O'" "'S'p'" .' e" "'1' T'" ru'" 'th'" . ".. .,...(. "." . .. "y- " . .<~~:~',;S\'~;~'~,::~;~,' .:.~~.~~.' ;,"; " .~~:.... ,r,". . :..r , . . .~.- . . ' "";: : ,::~~~;,i &.?;' 1fP~-' . .. ' ..' . . . - 1'1 ,; ,~/ . , ",' -:." .;~: ~ ",\ 1 ....t. ,.;:.!.. (';.", ~ \ '.. .'. ~.., :< .,;(;:,;;\.:..~.i",:,:,::: ..~.~ ~A Publication o~ Sou'thwest Radio Church ....J,.'~~ ,".':"'., ~.j..:,:.': .' - ", ~\ ~.& . CopYrlght@1987bySouthwestRadioChurch I WILL~~E'1.:THEEAS A.w}\ic~:L.ON THE'wAil..:.': .'.. . . L-S49 1I111111111111111111111111111111~:.I!~~IU.~UI'I:IIII1;lIillillll;1I11II11I11I1I1I1I1I1I\1I1111111111111111;lillil;I;;~IItU~lIllnllllllllll!l~rlllllllllilllllllillllll1:IIIHI~IIIIIIIIIIIIII:;11I1I1I11I11I111I1I1I1I11II11I11I1I111111I11I1I1I1I1I11I1I1111111111111111111111111111111111111111111;111111111111111111111111111;111111111111111111111llllillllllllllllllllllllllllllllllllllllllilllllllllllllllllllllllllll/1I1111 Vol. 28"[':' . .:' " , .,... . December 1987 No.13 ,. '. ,- "..':; ~., '.,', - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I1111111111l~.nlllml~lIn~I,lilllll~UI.illl"lIillll~UIIIIIIIIIIIIIIIIIIIIIIIIII~~llIlIlIllIlIlIlImlllllllllllllllllllJj/lllillllllllllllllllllllllllllllllllllllllllllllll11111111111111111111111111111111I111111111111111111111111111111111111111111111I1111111111111111111111111111111111111111111111111111111111111111111111111111111I11111111111111111111111 ~~!~;~?"":";"~~~;~~;~~~~ WHJlT HAPPENED IN 1987? ~?;;-!i<:'u: ';,: ..:~:\;~:~;~\~~~~ .' . '. ili:!I;r;\lu.,: . . .",\.,,:.':I]I'\i~l by Noah W. Hutchings '~'f;\\""~" . ii1li\IW1Jilj"L '[~J;:,. .. .... ....,.,j;~~_l~ ~~~!iJii~~[iii~I:~:~~:~Jl:;~~ ;~f[i~:;~f1~;i~:~f~~:ij,{lff~~~~ *."8.;;;>j,:'i';;"",.:', . '. ,..:.:~:!;?;;j~~<ti;Jj/'I:: society an'~computerized business where of Jesus Christ. " ' ~.~~~,':=L .:IMYTlM~ A2el~1HY ~A"'C"'_~.A.J'J;JS"~.\ .'.' ~ ~ ' , . ~ j!) ''''r.,..,;~::,;;.;~'Jtijj;/,o'';;"'iw?rktng':'',}ing, an\J'selling is transacte? A~ we lookbac~ over 1987,.it would be (~ ,"':- :;':.;.... . ';)0::: . .':;- wlth~ode ~rks ~nd numbers. The 011 profitable to consider thqse t.hings which ~,,;, . > _ - .',.\ ':'~ sho.rtage ocWrre% ;and. the eyes of the we have heard and .seen dUring the past ~"''.,: . '. ".'-' . . ";';~ world turned l~fhe Middle East where year. Have the major events that have ~ \~,.c'"' ':..i~~':.' .'. '~~~ ,'. ove~,~~91,;,~~r~~t of ' the oil .reserves lie. occurred since January I; 1987 brought us N..., "","~1:""".....,,,;..5:;;'~''''.'<'' . , .:.,'"~?'~~~: Eth19Pla ~na l;'ibya bec~me allies of Russia, any nearer to the end of this age? Do they Pr~phetic e~~ntS.Of .worJd iml'ortanc' bt1ngin8intofoc.us'th~~onspiracy of nations form a prop~etic .pattern that. .has "any comlqn. wa:~es:riib~t:th~iiJ.ii~:a~~otisiste ,. ~a(~ll~joi~ ~ussia i~ an. invasion of Israel .. ri1eani~g in relation fo .the 'translation of fl~W')~~~~.~~~~A~.~~~{~nm.r~rJ~~)'~(lif~~~ .. ~t :e:-~~t,Aa.ys, !.h~nt' i.n the late,s~v~nties ,the 9.~4~ch .a-nd .the J'.e~~rn of tl}e Lord? w"~ ~~ars,~aI\P~ ,P"9P;,QI~t.l:~,;~.Q~~~~n~i~,J~~g~. r.,. . ~:r.nY".~,lg.htl~s, ~"'P~eW . ~~d dr~aded ': I.~I;S~J let us enl1;m~rate those, news eve~ts, . occurr~? thaJ 'p~lpl~4 t51.!~~~S~c,?J.if co. trig '~'.'p~ag\f~. ~~p~~!ed tl}.atjome medical a.ut~or- :Whl~,~ :h~~e. received t~e most .exteI?slve'. . or Je~<J>> s Chri~l',:' .~'t.!~t:,:~~:'H"'..'~ '.:.......~. .\!Itl,~~~b~le,!e may ~~!~~ten t.lJ.e ~~ry eXistence coverage ,m 19.87, .These, are the things ,~\ ,''" .. ,.,r.t'4rt'''I''''1hli!~,','r.I.i."..\:1 . 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Ire} as,"a ,nation"',.' .ge1.ler.a t ;; 10$ '.at<~pe ..1l~:i;:.5.1Chqst : :;'t..,United States and the.incr~asmg number ~ ... c, . ",;~~'~_(I.s~~1.,., .t1~9);'1~' ~I~itiff~r;,.~~p.~ . '~~~I~~~~PT~~r ,"~:I}i-:S~\~~.~~f~t~if.l~~;~i~,~:_{~}~t~;'~[~~f~i~:~~;ff.}j"~~'I~" .. ,94~..~COJl'\m-,' ~~~I:Q'it~ :~. :t-te~,,~tM'W11'.t l1C;l"'lik' .1l\~~flu\rg;r.,". 'j~~ ",~n~'s .,:.t.;r i.~iff, :1j,!,~\~ l~', ,I;,);:: :i'~'~~ .. i)i,t~,J~J:( .' . .~; l,.,!~~J~,~ye .~~~~M~~J~ >~ ~it~~lf:~;.):at ~~ri1:? ~~~~ ~n ,~"e '21.. st~,. ~~,X~f,~~~" ":':.:~"r ;;~: i1.~e Iran-Contra A.ff~ir. ";"Fffl"tl';k ~: . ~ 9,6?; Thl( r~~l~Jmtng 9(\h~... ~mp, e;,,.. O,\1lBt; .(:.~v,eTJ,,~ _~i~~r.ld 1 Zi~ld. ~~e7~~7~)~, \hl.~gs ,." " ..... f: :' .' ., ". ' >.~. 'i~t{~~!~~ ;~ . ","W~.t,by ~~~~nl\W.if~e~;s.al,o~la~~ ~.i11fl'" .. ~o':?~ "t~~ ;~n.~ "? p ~~?~d.ti~.., <?,o~!ng , :~~e, Ir~!l-Contra heann~s ~~fqr.cr:~.9n;::'i';}.:>..' ',.. "'196~::;:rp~ M~t:~~m..to ~~l~"l?n ~h.!!4~O _. [1lf~..,.. ~~: t~~P~A c ~(l.8. up'o~;ihe. e.~f~.hl .;~; gre~~ resu't~4 ,frpm ,an err<?r JnJudgme.ql<J;Y!;;? i. , :,:;;:;~', ,~~,(Qb,a.~~k\::J'~'rr:~~:l~;::',~1~~I;' J~h~p,9,~He.<f~aW~'; ~., ..Jlte:~~aJl?,~i.ans.. 5. Presiden~ ~e.~gai1 and his ~dvis~rs.lii, 19.8~'~~~ .:: ;;~lt'$I;Yg,itff~P'~~lJ~b!~,g;~~~~~li$~\trf~\f.t ~~fg.~~:,~~~ ~~t~Hth:. ~~~ ,t.hs.;J?~.Y~:?~~ ~~~.. r:'it belfl~e ~yid,~nt that t~rrorists in Lebano~};, , ,W~"i,~P,iP",Hti~~~~;q~l:lt~sJ~{~.Eg~,,~,~;1,-o,r~\!~?~1~ ~?~~~: ra^ !hl,er~n'i\Wf,~?'l~,~t ~ wh?',,~a?,~a~.en..Afll:encans ,host~ge v.:~~e I . ' .,' ::.: . ,'~~,J9r~~~:,~!~~,~~~~a ~Z,:.,~h~t'1ah ! 7:6).~~~,po~ th~:~.n~~~e?),: ~jiS~J~~~~.~~~}~U~~,~f[?rt.~~,f1~st,:.p~r~. '~C?,~~r;?pe.~ .fr.~~ ,~r '''~ ,: "\," 't.,', "~:I"~\:\;,v,:;.. I",. I~'''f' ',I 1,',f{....,.,. '.: ;~H~< . ";:"!;:~""'l-:'~:'~;' h' """l'~~"~/....H::'~J('.',r..~~;'."lik",,\t-l: " l,' 1-' i'i.r.'Iti".~~ lI)~'-t!{rt' "chi:' '.'!I. eil'. u "t. lIf. , . l' <.f'....Ift.,~..~.. ,t".~ ." 'I~'I.';' b' 'j'08 i"!.~~- .tIT..' h' :.!L' ... ", :f' l~' '.' , . /""} < ,'" ", '~1'i'~. V,'.l ; ,,' '!'..;. '.' '. '.: ;jt"", .' ,,:''', . ~, ..,. pecem er ,,7 .~ospe rut 1;'".~ - - .,.:;J.!.. I:' ,.1 ',,1;;~ ~~~.~~ 'j1 ?~,fr/.ltL.,~~ '\~,,:' .:~j \<"~:~:~.~:;~f;~~f:~)~\;':.,rJ.~""" ~~~;--j;{*~~~.+: ~'r~"./~f, ifod.... ~__ ... . ~ ..s..l:.,.... . ~ ".....:1. . "-. ".!IIE. - ~ \ .. ", , l I -<..... ." ...---, -. .,.~~. ...'.n.... "~'--"~':'-~'---'-''''-'~--'.~~:-7~~~':''"'''-:::---:'':'".:~:;:-." . . .j!~~I.~...~. I ., "' ~.Jl.~i~~"r'-"a. ,."...~'7I.~'il~ ~ rLlj ,. :-~~!~"I'"':.. I , .... . ,I .. '.....".... ' , ..!'. ~~. .'.!~' ; I ., ~ ~. \. I '.....'.....1. ".').', .l.~._.~,._&"-il twlt- .0. 'l. ~_ . . .....' .,!\' I f },::" "I'~~ ,:J'1i";;":"~;1"~' ,;',;~'A", ':., ".' '.>"" :;:"'/11' ,,:'. j ......,.,..~'.:;I.' ....C.. ".' , '. '." .....' . " .:'. ~~e~:~~~t,~d. t~!~' b:~J:~'~ir~'~n;g~(:th'ie'ei~~i~.e~:.i!l;'(irl'a'nY)~~la:c'es:~ AY' "~s~'arithe' b~gin'~i'ng' ,. ~ifiis'! '~'et'tt{ci iTlb~q"ujid e'asil~.cairieli ~ .,.~~ \- I;" ~ l\- '~'d~..~~r';~ill<jJlIS~;lJ'" f'~J(I'f.. f&~~, ~~"-Hl \ ~ \-.~.!a"" .~., I tl" t.l.... ']0 t I. "....', f" ."')'1'''''"1: :\'o!:"'.T~ . .. t ,'-:ti't~f~l. l~ ':",r:l}~,.,~'Y.eepers. :::1"l ,.;f!:I\~~Q~~:~1, ~fl' ii~\"*,,iJ:*'ir ;': ? .s~~ro,~~!'i"~'5".~.; . 1~::d(J"'.c!ii'r 1""i':,~"\l~~\I:~: ,i".~~Is" ,1~!ge','.~,rg~Rlsm; to <man'I~1 The :~f :'fi. jl.S,~,!?e t~~ .~~t~ oKthi.H~PO[t ,naval u~J.ts .~ I~:' IS:i' ~~,I?ai~~ t~aL iq re.fe.t~~1!f.~~ ~a~: , ~.: tub~(cul~~i~ germ: '~!~o 'ni:~.~~'larger ;:,'d,.,}j.:. fropt other,l1liltlQns, have entered the PersIan pesttlences. or pIa es, Jesus mean~ dIsease' , than t~ei AI DS'\'irus; can 'De lrans- .':,-, ..:, Gulf..:The< situation1j in, this: area; could epidemicS". s'i.ich 'the' world . had 'never. . 'milled byl; ; ': i"rianimate obje2ts'~uch , . f;.~~c~,m~ m~$~~j~~~~i1c;'.ir.i: I 98,8.}:ff, .1, ;"" '. , ~een, In .the book.; .1, Revelation, tl}e wor<f' . ~ as' t,o\V~ls.\ T~~\,~ 1)f~j ';1.1t slj,?u~be;re!J1.~ml~~~ t~~~ ~u~~la IS ":: p~,!gue, In bo~h .s1f1~ular and, pl).lral form. . fQr as lon~ as ten daJ:.U).~~te. 7 \'1 d(:eply Inv~iye~.,,\~91~.~~e)V'B~~ween' .l~a,q' : app~!l~~ t~~lve tm~ls. Inmost places where I So. are You worried a bout your salad ;, ~n~, l~an,,~I~~u~Ij'.~t.~e}Jn~\~~.lSt~~f,~ IS "me)~~:~,~,ls,used..I~,refers to any t.ype of . ~'rest.aur:ant that em~lo~in~- . " t~~t~ttvely ~'~,~In~ Jr~q I!, t~e.c~~nl~t~'~he .. J~~g~enr that bnn~s death~ suffe~tng. or . s.;xuals:! ~ o~'d b~~J>.e;:'..', " " ,)r~ql army ~~~$]~(rped al)d~ trall)ed~hy . ml~fortune to mantlnd. However. tn a few ,/ ~'Many vIruses grow tn"animals , .' .. Russia. Iraq;.~~~: paid, 'Jordag;to! b~Ud a .' Scriptures where ptague is used in Revela- , Bndmany grow in humans. 'bJt mbst fo~r-Iane highway. f~~rq. ~abylcin' to. the ti~n. it includes peStilences, or a plague in bf>lhe'.:"vinises ,'tha't"'arfect. aitiii1als .' .Jordanian.. porJJI1"oftlAqa~~l~~hipt{from ..Ut~ medical definition. In Revelation 9: 18 . d6n:t'r affect: h'umari's~~:Th~i:Wcirld ' . Russia unload '~helr,~ca'r(o;;~IA.q'aba;' and l' we read that one-th'~ d of the earth's popula- t.Health.....Orgahiza(iofF~.i'n.lp.libliShed-. : ;': .tIt~n war supp~,i~s.a(c'tr~nspo~ed by, truck 1\, ~io{l ":.ill be killed y, plagues., " ',' ,I I.. . " (' articles. calle~,'rd~'r\'fle~llHe't'o' 'work , ~ i - h~' ~~n-,~~'.4.~ "1!(''i~1~1 II, \1/uA d h f h . ,r . I 'I" ~11M i~!g.l~-'-i~il'l,' .l.\ ;. >J:.~o,v~r"t IS ~oa~tlf':M~'1~,j'" '1i~fl'!t'''i;.:} ,'I, "'~~; n t e rest 0 " e m~n,whlch were not.)\. n w~th t~.~ed~q~{.i gef!tHr~.to ':Irpses) ::1' :j~, ,'/\ccordtng to t~e tnform!l~.lon supphed kl!led by ~hese p!a ~es yet repented n~H,oC.' d;,1a9.4.\.a,t,t~t~"'PI~~~e;~hi~I"lFUS .t~ '.. i ;. to us by the Iraq, embassy tn New 'york r the works of theIr ands. that they should .'~: '::~"that~.wditrd i:feaol~~@i ans ': . :":. ;,:;Lqty., ~ost 'of i~e. performers th~t partici- It not, wors~ip devil j:., "", N,eit,~~f ',~f~~,P!e~II'~,,;.;~f(AlIfs'bn;"'~L.~~I~'~~!~:~;W~,f1 ,'9'72.)~' d.;' '.:\ pat ed, tn\,th~ F.:eshyalof, Babylqn between tI they of theIr murde ~.,nor oftheIP9rcenes;, , . 47:257-:63 ,a)ldFAmos.:\'e~a :' ~ ~~ 'Y~r~epte~bCi,2.Z' ~nd' October.2Z~wet:C" from' norof their forni n;'nor:of~~,einhefts"-,,""';r Pf:oC': 197'2;'4, ='W87)':"lrtttre; b~ltetin'. ',i .;, RJ.1ssia andthe'communist bloc ;nations of (Revela,tion 9:~O-2 . ~:iAtl~ast some ~f !he, . ~ of' the, Warld Health' Orgat1ization. ;.~!!s~ern I;:ur?~e, The report a~sa states t~at plag\l~~,\that WIll b ,responsible for kllhng ,V alume 47: pp, 251 ~ 1972. theysai~: .,. SovIet techntcu~ns are now actlvelyworkmg one,:,thlxd,; of men .nd women. on earth 'An attempt shauld be made to see If . in the restaration af Babylon. Accarding during the Tribula on will be the result of viruses' can in fact exert selective' to RevelationlS, )9and Ezekiel 38. Persia immor~ilsexual , 'vities, effects an immune function. The (modern Iran) will one day join Russia in .Thei"majority of1 AIDS cases in the passibility shauld be looked into that aninvasio? of Israel. ~nd Babylan will be U nit~~.~\S!~t~~::,~as; been t~e result of . ~he immune',' resp~nse. to the virus destroyed tn one hour tn a fiery halocaust. contracttng,t.he vIr s through homosexual Itself may be ImpaIred lfthe infeCting ", Although no. major prophetic develap-' a~vity.A small r enta e ofthoseinfected virus damages. more ar less selectively, ment in the world. may have o~curred . Ha been the'result blood transfusiOj!! or the cell responding to the virus;' within the past several years. the major ~,he use ate sam:thypodermic needle by , ""Q1at's AIDS-,- What the WHO is new~ staries, that w: saw i~ our televis~on drug ~ddicts. TJ1':j. great ~s~~~ a~?ut saying ~n plain English.is. 'Let's COOk sets tn 1987 bear amlnous sIgns concernmg .AIDS 15 ho~rus starte. re ave up a VIruS that 'selectIvely destroys thase things which Jesus said must come been manymedical opinions offered; the the T-cell system af man, an acquired upan the earth: . most comman is that a green monkey bila immune deficiency.' "So. likewise ye, when ye see t~ese things . na,t~ca, ~~_'i!~~ came from :'Why would anyone want to do come to pass, know that the kmgdam af t)1is ane man and thus spread tnrougTI,out thIs? If you destroy the T~cell system Gad is nigh at hand. . , Heaven and earth the world. Dr. William CampbelfUauglass, of man. you destroy man. But what shall pass away: but my wards shall not in the September 1987 edition of Health about the green mankey? . , . There pass away" (Luke 21 :31. 33). Freedom News. has offered an alternative is a fatal flaw here. . . . Virologists apinian. While this doctor's diagnosis con- know that the AIDS virus daesn't cerning the cause of AIDS is certainly occur naturally in mankeys, In fact.. cantroversial, it does seem more logical it daesn't occur naturally in any than the green m(\nl(~._theory. ,The, ere,..., .'~ ,. animaL. AIDS~ s.ta,rt~dupractically dentials of Dr. Douglass are: graduate of simultaneausly in the United States, the University of Rachester. the University Haiti. Brazil, and Central Africa. af Miami School of Medicine, and the Was the green man key a jet pilot? United States Naval Schaol af Aviation. Examination of the gene structure of We quate: the green mankey cells proves that it is nat genetically possible to transfer the AIDS virus from monkeys to. man by natural means. Because of the artificial nature of the AIDS . virus, it will nat easily transfer from man to. man until it has became very concentrated in the body fluids through repeated injections from per- son to person, such as drug addicts. and thraugh high multiple partner sexual activity such as takes place in Africa. among hamosexuals. . ..' After repeated transfer, it can became a 'natural' infection for man, which it has. Dr. Theodore Strecker's research .< AIDS In The News In continuing our analysis of those events in 1987 that consumed mare newspaper and magazine space and time on national network news programs. we again relate this appraisal to. the .emphasis of the Prophetic Word. that in the last days people would see, hear, and read af those things coming upon the earth. The fourth news stary in 1987 that received both national and internatianal di~seminaJian was the continued spread of AIDS. a ne~..E!ague that first ap~d in the laieT9liOs and early r97us. Accarding tQ:SQ.DiLlealthsaurces. AIDS.2!s the pote~al a~wlPing-out the entire human race. ,.,- ,.,..",.. ....m..".....__._,._._.__.~--._...--.....-... Jesus prophesied within the context of the Olivet Discourse: "For nation shall rise against nation, and kingdom against king- dam: and there shall. be famines. and pestilences, and earthquakes in divers "If )'oY-. believe the gavernment prop~g~ndjQ!iafAlUSlShard to. catch, then youaregoing to die even saoner than the rest af us. The com- mon cold is a virus. Have yau ever had a cold? Haw did you catch it? You don't really know. do. yau? If the cold virus were fatal, haw many · peaple would there be left in the world? "Yellow fever,is a virus. You catch it from mosquito bites. Malaria is a ; pai'a:sf~e~also carried by mosquitoes. It is ma;rly times !arger than the AIDS 3 - December 1987 Gospel Truth - L.540 , .. e beginning virus, yet the mosquito easily carries this large organism to man,' The tuberculosis germ, also much larger than the AIDS virus, can be .trans~ mitted by . . . inanimate objects such as towels. The AIDS virus can live for as long as ten days on a dry plate. So. are you worried about your salad in a restaurant that employs homo- sexuals? You'd better be. "Many viruses grow in animals and many grow in humans, but most of the viruses that affect animals don't affect humans. The World Health Organization, in published articles. called for scientists to work with these deadly agents (retro viruses) and attempt to make a hybrid.virus that would be deadly to humans (Allison, et a1. Bull, WHO 1972, 47:257-63 and Amos. et al. Fed. Proc. 1972,31: 1087). In the bulletin' of the World Health Organization, Volume 47, pp, 251. 1972, they said, 'An attempt should be made tosee if viruses can in fact exert selective effects on immune function. The :lses in the possibility should be looked into that e result of the immune response to the virus 110mosexual itself may be impaired ifthe infecting lose infected . virus damages, more or less selectively, .nsfusions or the cell responding to the virus.' lic needle by "That's AIDS. What the WHO is stery about . saying in plain English is. 'Let's cook . There have "":..:up a virus that'selectively destroys offered; the :;"the'T .cell system of man, an acquired' nonkey bit a . . immune deficiency.' . 3 came from . >:' ."Why would anyone want to do I throughout this? If you destroy the T-cell system' ~Il Douglass. . ':', of man. you destroy man. But what n of Health . -,:about the green monkey?;,;; There :l alternativei" is.a fatal;flaw here. ., . Virologists agnosiscon-" <know that the AIDS ,virus doesn't is certainly:;: occurnaturallYin monkeys. In fact,: nore logical it doesn't ,occur..naturally in any r:x.. J:h.~..c.~!:;,d. ,,;.LWiroaJ..,..A.lDs...$,t~ll:.d .,practjcally ,,~. graduate of; ..;simultaneously in theU nited States;,"', , \e University'" ';!' Haiti,.: Brazil. ... and I. Central Africa.::' ne, .and l.he ,.:;~::(.:Was the green' monkey'ajet pilot? of Aviation, .' .,1 :,i,Examination of the' gene~tructure of~:fl ,I,' r;( '.'~' the green monkey cells proves that it \,.i . ,.;:< '. :.is not genetically possible to transferf,~~ the AIDS virus from monkeys "to';i milD by natural means. Because of . the artificial nature ,of the AIDS, virus, it~i11 not easily transfedrom ;" .,;;,;;man to man until itPa~.become."x~.r.yp~~: I.~.. :co ncentrated . in:Jl1e i~b()dY'~ fl~ids h, ~,through repeated injections'from per-..:!. . , son to person, such as' drug addicts. .,' and through high multiple partner. . sexual activity such as takes place in ' Africa. ,among homosexualS. .,.;;.' .' i :iW~(te~ repeated transfer. it can become,} ';:;.,a 'natural'infectiQn forman. which it:)! . ';ji<~ ha:s~;Dr,;Theodore Strecker~s~esearch i'. :ference to eant disease had never n, the word' 1Iural form. 1laces where any type of uffering. or ver. in a few d in Revela- . a plague in elation 9: 18 .th's popula- . ich were not' ented not of they should er repented :ir sorceries, their thefts..... ..' some of the ie for killing ~n on 'earth the result of vernment ; hard to '.) die even The com- youever,.ii ca tc l\it? ; 'ou? If the '.)w many ~ft in the You catch:" J.laria is a.: Jsquitoes; ';,' theAIDS' . . . I ~ . '.:: .~. 3; T"'I?eeem~~, 1 ~87IG~OS~e'J"ut~"7' L~S40;..t ;' '.,," ,.:;.;:::1. ,,;,.~,.,";;i,', ;~i'''':~~:;; 'C.,,~~).::'1.::S.':1:1i1~ii'~.~'" i. I '<'!;~i.; " , ofthe literature indicates that the NationaLCanc.e.rJnllit.!!te in . collaboration with the World'fualth Organization madelhe AIDS virus in their laboratories at Fort Derick (nowNCI): '.They c-;'Oibined'ihe-dea-(Hyretro-Vii'uses. bovine leukemia virus and sheepvlsna' virus; ~ii(nn~ted themTrit~n '~ tissuecultuies~'TheresurCwas'tfie-AlDS vi';.us, the first human retro-virus k!!Q...~n to man and now ber~-be 100 percent fatal to those infected. --:J..he momentous plague that we now face ~.~~, anticipated ,. by _ thc.'}{!i:ii:<>nal-Acidem-yofSciences"iii""j 974 'wherl"fhey _' recommende<fihilt "sCientisfS'thi;{ftighout the world jOlnwlifi _!.t1e. member's -'of thiSCOnfmrttee'-rnvoTUiitaiiry-deterring experlmerlts-{'linking)'nnimaI-viruses.' -.-.-.,.,.-.,. ...-..~._-,- ....'''Whatthe.-NatiOrla1"7A:ciioem-yof Sciences is saying in carefully guarded English is: 'For God's sake, stop this madness, ' ".M..I!.n, went over the edge when he star.!..ed playiIl~ God and began gi6wingnu-rii..antis.siieTri'thelaooraTof):.'" , "'hO..' _~.. ~~ "",~,,,'_'_ .-......" '~-"""'''''''-''_'..""~.~,,.._ft,~ ...._~~'._ .....: .__. . .,~...'.'''' ( " l t ")t( Dr. Campbell continued in his article to present information that supported his opinion that the AIDS virus was the result of scientific experiments with retro-viruses that were' used in smallpox" vaccines. And he_c~nd~ ~E~~l0;1inJ.h!ee.J,l?Ji~~~y~~r~}tmillion in CentnilAmca may die of, AIDS. This figure of expe'cied -Cii'SUifiie"S'-may -e\ienoe 'c'onservatlve:~' because-i t is ~o;-gffi-era Ii y ~rted, c::y.~~if.-in--meai-ciir-scfioOls 'iiri<r-s'cience-Cla-sses "in . Our un i versi ties, t ha ton.e:tfiiiaOf the-po p ulan ons-of ih-e'riiiii"onsacross .Central Africa now have the A IDS virus, ltappearsu froma,ucarefulst-udy'of Genesis 6 and related Scriptures that the entire human race before the Flood was cQ!lta~in!-~~...&e.neJic..ally '~y-a...fa lIen.a ngelic...~ee. with the e~ception of 1Iroah and.,hls-household. That generatIOn of mankind was purged in the Flood. Mutated strains of the A J OS virus could threaten the entire human race in our day, and Jej;.!:!.~sa,i9J!!_ Mat~hew 24:37: "~t as the~~of Noe were. so shall also the coming of the Son of man be." ---.. I . ....-..---...:.. ~ .it, ~{t,,.. '.. ,. ,_.ft .. ....1. . The Stock Market Crash ~ 0 -.....) ..tJ '': Another major news story in 1987 was the October stock market ,; plunge. called by many as a stock market crash. On October 15 and 16, there appeared to be unprecedented selling, and prices plunged almost 200 points during the two days. In the preceding week an economic surnmitofthe third world nations had met in Vancouver, Canada. \twas announced at the conclusion of this meeting that ;~ not only coqld the,thirdworld nations. like Brazil and Mexic{l.4'lotH-'. pay on their billio~~ owed the world banking establishments. 'but L i,.. they would need even more money, Whether this alarming newsl~!. ;, . caused the stockmarket plunge is not known; but it could have been i;,... the fuse thai ignited the bomb that followed. ,The fOllowing{ ,: Monday the p~g blow came when international markets reacted and ;,.. ~ stocks' dropped.: another 500 points on the New York Stock ' Exchange. .' ,:-.':" . ,.(.,';.':' NeM'sweek of November 2. i987. commented: '. i~': \ "If it felt like the end of the world. that's because it was: last week's global ,crash has creat~d,a whole new financial reality. .,' !;Jut after'.:two 'generationsofiassurances that. it couldn't possibly happen;'the crash itself was oddly surreaL It was 'Ood tapping us on the shoulder: said Dallas billionaire H. Ross Perot." . .,,,.,;:....{....,,. . ,.. The u.s. News':And W{)rlt!:;':Report:,of November 2, 1987. . editorialized: ':S:~'.: 'I " ,: ~ ~~.~~~.., . ;"?;:':~What was Clear;atthe end btWall Street's worst week ever, ", '.. id' , 'l . Ii' " ", '.. . " ~ '';' I:.. '" . . ~ ". ,', ., I' ,'. ". '"l ~. ""-..~!..:::J...:a;..~~~,,:,,,,"~"~'''_.~~\~ _;, 1- .1 '~_ ~~~ , Letter to the Council June 7,2007 .' ~J \ 1 ~ \01 1fP ~ 00 ~~ C/ en/07 8:43 AM 6-7-07 From: Richard A. Wagoner 2394 Nash St. Clearwater,FL 33765 To: Mayor Frank Hibbard Council Members: John Doran Carlen Petersen George Credekos Paul Gibson I am writing you today because I am outraged by some issues within our city government, and as an American citizen, I am exercising my right to participate in the democratic process. Not only is it my right to express my concerns to you, but I consider it my obligation as well. I hope each and everyone of you will respect and appreciate that I have chosen to do so, even though I am going to be very critical of the action and inaction of certain members of this council. Now, having made this statement, you should know that I am not opposed to--or critical of-- every thing that you do. Moreover, I am not opposed to many of the the projects you have initiated, even though I disagree with them, and sometimes, very strongly so. I believe that each of you is due a high amount of respect for choosing to participate in our democracy, especially at your level, and especially given the pathetically low voter turnout for elections and referendums. To a certain extent, I believe that citizens who choose not to vote, not to write their officials, or get involved at any level, well, they don't have a lot room to complain; however, that does not, and should not, preclude them from coming out of their democratic hibernation or isolation when an issue of significant concern to them becomes evident. Hopefully, you and I agree that our democracy and community are best served when a full examination of facts and perspectives are presented to the public so we can make knowledgeable and well-informed decisions. Certainly, regarding the aforementioned issue causing my outrage, I come to you as well-studied and informed. Certainly, too, there's a lot more information available for me to research, but I think at this point I am able to document for you, and the public, relevant facts of such a concern to many different and varied pockets of the public, that they can be (or will be) moved to participate in the democratic process. MONEY SPENT BY CITY IN FIREFIGHTER-RELATED ISSUES-- PERSON AMOUNT PAID REASON Duane Andersen Arbitrator City Attorney $ 79,069.28 3,200 (est) ? Back-Pay Arbitrator fee Trevor Murray Arbitrator Outside Counsel (TSG)* $ 82,344.17 3,041.14 42,465.86** Back.. Pay Arbitrator fee Attorney's fee *Thompson, Sizem $ 39,368.08 Back-Pay 3,498.63 Arbitrator fee 36,564.71 ** Attorney's fee -jll-S5l87 e & ~ales ~.Obtained from TSG invoices Mike Jones Arbitrator Outside Counsel Other payments to Thompson, Sizemore & Gonzalez For: Unfair Labor Practices $53,398.93** Invoices 1117/05--1 0/9/06 For: Bargaining--CBA Negotiations Invoices 8/31/02--5/16/05 Appropriated for Wendy Cason EEOC Discrimination Case Settlement or Award $75,000.00 ? Attorney fees city has to pay Firefighters' Attorney Paul Donnelly for settled ULP ? , .. SPf "'" (1~ BAIJ j)e&lI/fNti"s .' :$ ~ I ~ 0,00 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue second reading of Ordinance 7784-07, annexing certain real property whose post office address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive, to June 20,2007, SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 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. 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, 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 # 3 Ordinance No. 7784-07 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue second reading of Ordinance 77 85 -07, 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, to June 20, 2007, SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 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, 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 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 # 4 Ordinance No. 7785-07 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue second reading of Ordinance 77 86-07, 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, to June 20,2007, SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 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 # 5 Ordinance No. 7786-07 Meeting Date: 6/7 /2007 City Council Agenda 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 # 6 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 # 6 Ordinance No. 7817-07 Meeting Date: 6/7 /2007 City Council Agenda 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 # 7 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 # 7 Ordinance No. 7818-07 Attachment number 1 Page 2 of 2 Item # 7 Ordinance No. 7818-07 Meeting Date: 6/7 /2007 City Council Agenda 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 # 8 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 # 8 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 # 8 2 Ordinance No. 7821-07 Meeting Date: 6/7 /2007 City Council Agenda 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 # 9 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 # 9 Ordinance No. 7822-07 Meeting Date: 6/7 /2007 City Council Agenda 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 # 10 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 # 10 Ordinance No. 7823-07 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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) 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. BJ'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?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: None $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: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: Item # 11 0110 Cover Memo None "'""'I: I"""'t ..~ - -=-.. .- I '1- -II . ... II11 -:, ... - .. . - . ~ - II "fl NO - ii" Ie "."'f .,. ;:;II~1. II I .', ~ . ~... I . ~ . . II .w. -~ ... . . III I '.101 .. - . . ~ - "':.~--- ~- r-'- . - I - _I 1'- . - ....., I ~ - ~ - ~ ""'" = II -- ... 1 Attachment number 1 Page 1 of 20 IAI '"I"'" ,- ~'~.J~S'I~~:~ :~t:r~<;~~~~< . II _1:1 'I I i. . 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I II .11 -t; I, .~ : II :-! ~ -I I!i\. . ~ ...~ "-:- . ... .:. :II" - t< .. ... ::- "'-"=L 11 w ~.r- .. -" I. I II. I 1,- !l1 J II II -..I II"" II I II I\~ .1 II I .. II :... ~ Ii- . II ..., I J d XIII I - . I 4-- -I 1 0'1 ~'. . .1 =-. . . I .. II I - I i I ! I I. II ....! ~_I I r" II .:0 . --~!"" Ifi 1=. - " III ., -I Item # 11 !II! ... I :.. -.. = . .. ~ - I 11- ~~ . == I' L. !II . '" I , I ..II I'" III I~ - I _ Ir-" .. - .'" ~~"- ~ . c. I"" _U :~ ~ - I Meeting Date: 6/7 /2007 City Council Agenda 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) Clerk Cover Memo Item # 12 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"). RECIT ALS 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 # 12 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 U.S. 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 U.S. Highway 19 at the intersection of U.S. 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 U.S. 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 # 12 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 # 12 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. Horne 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 # 12 Attachment number 8 Page 1 of 3 19246 US Highway 19 2nd Parcel North Of Harn Blvd. Item # 12 Attachment number 8 Page 2 of 3 View from East - Across US 19 View from Abutting Property to the North Item # 12 Attachment number 8 Page 3 of 3 View of Property from the South Item # 12 Meeting Date: 6/7 /2007 City Council Agenda 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 Cover Memo Item # 13 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 # 13 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 # 13 Meeting Date: 6/7 /2007 City Council Agenda 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 ofreceipt 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) Clerk Cover Memo Item # 14 . . - ,.,.,., ... - . Attachment number 1 Page 1 of 5 . I :.:-::-~.. .. ,~; .:-::~~. :..::~ ~~...~. i . ~illtt~~~~~~;~;;fi . . SRI m: lILBUIJ1f_1IUl1JRII _ Item # 14 ;>> ~/;.):~::.~~:::~~~~\ ;:; .::; ~;,:,x;.r~~<~~i;;~i.t:~;~_~:\:.~~\.~<)~~; ~~.;~ . - - ,~ . . . Attachment number 1 Page 2 of 5 . -. ~:~1i i/<~.~..:~ ~~~< v:: ./!.. ~.~-j(~~ 1; ~ ~ ..~~"- "J fall.&. I ~ 1~},7.~5<~lli~~~ ~;~~: '(~: ~~~ (~\~1~~ ~.~ :!iJr .~_:>_': :f~~~~9J.ig~t~~iii~t~it~B1~' '0' ~.., , .. .0}~!( ,,~-t ...."., ... ',-'-.' ~~~~~t~:~;~?~:~~t;i':~[f!%~~~~:~i~Sl,l~~:~ . ~ We. 1ir'..bdIIt..!lrd_ -r'I1Ii ..~ ..~~~:~<<~. .'.;.~~~}.;;;~~iZ.: - Item # 14 - - - . . . . . :ri;l:;~;!~\~~(::~~ii~i~~;~~~it~t~i:f~:~t~;1~~~1~,\~~i~i,;~q~j:~\l1~t:11~lr'<'" [i~i~i~lil}~~'J~tl~t~fJf~~~!t({~I~~~i~illl'{"i:~~~i~~~ .~~.~:~;~~~:.~:.~:.: I ~> .~'~.:.~;-x~-~.:\<~ C:~::'~~~,i~~, ~{5~:}~-=- . w ------ I I .. I IIIIi. III - . . _ .m.l .. ~ ~ I (iiLI : ~ .. lIfIM ~ Attachment number 1 . ~ . . I'l . . 14 . - .. . - . .1"- . './ ~~.~~r>.;.~.:i:L.:~:Et~_<.,~~\t\~.:.~~~.~:~~_=;.;(:j. ~::-':'l.~. __ IiIIJIBf' . ... - - .. . . ~ Attachment number 1 5 ~ I 14 1 I . -- - .... . . ...-= Attachment number 1 Page 5 of 5 . - . Item # 14 Meeting Date: 6/7 /2007 City Council Agenda 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?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: No Annual Operating Cost: Total Cost: to Appropriation Code 0315-93254-560600-572-000- 0000 Review Approval: 1) Clerk Amount $104,280.00 Appropriation Comment Cover Memo Item # 15 Attachment number 1 Page 1 of 1 MARS HALL I I ~D io oRio ~: ~ CARLTON ffi I 8D~D~ ~ ENGMAN ~ I ~D D~IST LA SALLE ST ST ST ST ::i TANGERINE (/) W --l --l I 0... w > <( w > <( w > <( ~ f- W III ::;!; z BLUFF ST ~ --l >- ST ~ L./ r5 ~ o...,METTO, PALM CJ ST CJ SEMINOLE CJD~I ST L II II ~C=J ILEE STI PLAZA ST CJD ST MAPLE w w > > <( <( JACKSON N W.E S City of Clearwater Engineering Department Jack Russell Stadium [Xawn By S.K. Grid # 278A Reviewed By: G.B. Scale: N.T.S. S-T-R 10-295-15e C\3te: 04/17/07 Item # 15 H W Kt~E ~)( & Attachment number 2 Page 1 of 1 City of Clearwater Engineering Department Jack Russell Stadium - Demolition Area [Xawn By S.K. Grid # 278A Reviewed By: G.B. Scale: 1"=100' S-T-R 10-295-15e C\3te: OS/21/07 Item # 15 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward 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 (CEl) 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 (FOOT) 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 CEl costs associated with this LAP project will be 100% reimbursed by federal CMAQ funds administered through the FOOT. 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 CEl services. Copies of the contract and work order are available for review in the Official Records and Legislative Services Department Type: Current Year Budget?: Budget Adjustment Comments: See "Summary" details. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-92340-561300-541- Capital expenditure Yes Budget Adjustment: No Annual Operating Cost: Total Cost: $2,872,210.25 to Cover Memo Amount $390,537.00 Appropriation Comment 000-0000 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 # 16 Attachment number 1 Page 1 of 1 3"' BAYMONT ST ~o u ~ ~ cr lli <( <( a SAN MA CO UJ cr 0 :r C/) PAPAYA ST >- 5 <( I- -J I- <( UJ a C/) 2 ~ ~ 0 Q CJ i(]~G THIRD ST D~ PROJECT SITE DR DR N W~~E ~ S City of Clearwater Engineering Department Clearwater Beach Bridge Grid # S.K. 267A Reviewed By: S-T-R G.B. Scale: N.T.S. 8-29s-15e Date: IlMtl'b2llO'f6 Drawn By: Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Donald McFarland to the Marine Advisory Board with the term expiring on June 30, 201 L (consent) SUMMARY: The Appointment Worksheet is attached. Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET FOR COUNCil MEETING June 7,2007 BOARD: Marine Advisory Board TERM: 4 years APPOI NT ED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: 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 # 17 FEB-21-2007 17:31 From: To: 5624086 Page: i!tlal;hment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) RECEIVED' Name:~ 'J \}:> Home Address: ~ \o'-\l.\ . ~~~\<s~PtL~ c--r:- c:L~ A tl\N ~~tt. 1 -:1-Lftn:b" ZiD ,~"LI Telephone:"", "7:J.. 7... 79' - 5"' J (, How long a resident o~ Clearwater? :l % y It -,. Occupation: ~ 1;:~ It '!: b Field of Education: ":\: ~'J EEB..2..L2007 Office Address: OFFICIAL.RECORDs AND lEGISlAM SRVes DEPJ' Zip Telephone: Co 7 J. '7 - #;1. '2 - /7 h 1.. Employer: Other Work Experience: \\.;, ~ SeLI\.QL \" Q.. 1.\ "b "l. S Co L II a L &" ~ Rb. ".ziti b If retired, former occupation:-rt.tlb1:.""'~ t.>J CO INsrll.lJc.1J'a')~ ~ lJY4 A.14l,.". (,.Jr CommunltyActivities:...lJc:~~ 'L ;AJ ~J. va.cJ..~ SC.'.....Ch , r~~. A5 .~ I' tt.'f C!..'J'O<<. 0 fo.) Co.u'h <> ..~s ac:.. had U. Other Interests: ':::1- i..5. h .: N s: c.. n L. 1tA c..; u ~.. Board Service (current and past): IV 0 I\) Co A Board Preference: H At./,j c. A.llvi..s OR.Cf~III1A), A/V~"'~~pIfl,L C~b r. ZJu7on~ ~,..~ AJr- Additional Comments:"::t" f ~l:.L -'-. c:.llll U Lb .s~~v ~ 0 N LJ'T'.I.'LA. Q 8 A R.b~ AS . . --t ~. ~""IN~ "'-Jott.~~) ,...> -....t. CoDA).1..,<<."r";"',,,AJ ""'-JlA1'l.1[!I "'.IUlJ. ~/JJ J.JltJA-r' ~INNEIC... . Signed: v~ ~..: Dale: ~Y"7 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 # 17 FEB-21-2007 17:31 From: To: 5624086 Page :A:ra'llhment number 2 Page 2 of 2 , . BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and re5pt')n~ibilitje5? ~. ht\" Cl ,~" "r.. Ah\l i SOl L", ~.. A R..\ "'ILK. n, '"T'"o ,.", ~ lC E. t.CC b "'"' '" 'I" ..... AT: ,;~s. o~ ':I>oc...k ",j9'i.~ M.AR..I~~I\ ~~Cl\.sL~_~. ~b ""Tl~ ~; 'f""y. .... A1'i...r IIoIA'f.t. 2. Have you ev~r observed a board meeting eilher in person or on C-View, the City's TV station? v~t. ^~ -rv:- 3. What background and/or qualifications do you have that you feel would qualify you to serv~ on this Board? '":i::" ~~V E. b L.c...u '" ~;-I" ~... , __ It, t.J ..,. b J"tT"" , f w-l:f.----LJf~. :::t- o~ IIV~~ A . "V,,"r~ ftttNf' Ptt.arc....'Y, A #.It) ALs d OM,nJt..a A biJAr foil. -.ANY '-{f:AIl. 1'. 4. Why do you want to serve on this BOArd? \>-;:...Nr- -R boAr~(l AI>JA fir"~IM4Ai~ ~A1J .., #1.1. P , 'J..,!. -rJ..,. ~ ~IZY- ~~y PtH.A l '/It."'" f At::. #~ ~ Oc.l"l.. ""'A~A ."Y.~~. ~thlJb :r .-il~ ~LuJA"f.J A~~""'E ,,',v M r C b"" ~V'N i9. Ne:sme:::t:.Av ; b ~. 0P9 IJL,' . Board Name: IY"Ip" -'>L: Atwi roll 1 Item # 17 Attachment number 3 Page 1 of 2 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 # 17 Attachment number 3 Page 2 of 2 ::.,. 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 # 17 Meeting Date: 6/7 /2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Schedule an attorney client session in the case of Crouch v. City, Case No. 93-2860-CI-21, for June 18,2007 at 12:30 p.m. (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 # 18 Attachment number 1 Page 1 of 1 o 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. PKA/gmd Copy to: William B. Horne II, City Manager Item # 18 Meeting Date: 6/7 /2007 City Council Agenda 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 CLP. 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) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 23 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 RELA TING 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 1 Resolution NtetlV#319 Attachment number 1 Page 2 of 23 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 CLEARW A TER, 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 2 Resolution NtetlV#319 Attachment number 1 Page 3 of 23 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. APPRO V AL 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 web site 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 3 Resolution NtetlV#319 Attachment number 1 Page 4 of 23 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 4 Resolution NtetlV#319 Attachment number 1 Page 5 of 23 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. [Remainder of page left intentionally blank] 5 Resolution NtetlV#319 Attachment number 1 Page 6 of 23 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 6 Resolution NtetlV#319 Attachment number 1 Page 7 of 23 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 A venue 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 1, commencing September 1, 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 A-I Item # 19 Attachment number 1 Page 8 of 23 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 1, 20_ will be subject to mandatory redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem appropriate, at a redemption price equal to par plus accrued interest to the redemption date, on 1,20-, 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. A-2 Item # 19 Attachment number 1 Page 9 of 23 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 A-3 Item # 19 Attachment number 1 Page 10 of 23 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 1, 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 may be 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 A-4 Item # 19 Attachment number 1 Page 11 of 23 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 A-5 Item # 19 Attachment number 1 Page 12 of 23 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)I, 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. A-6 Item # 19 Attachment number 1 Page 13 of 23 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 1, 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 investment 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. A-7 Item # 19 Attachment number 1 Page 14 of 23 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 A venue 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 A-8 Item # 19 Attachment number 1 Page 15 of 23 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 1, commencing September 1, 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 A venue South, Suite 800, St. Petersburg, Florida 33701, Attn: Kevin M. Conitz, telephone (727) 895-8853. The Proposed Form is to be provided by PARITY. 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 B-1 Item # 19 Attachment number 1 Page 16 of 23 downloading problems; however, the printed version of the Preliminary Official Statement is the only official version. B-2 Item # 19 Attachment number 1 Page 17 of 23 EXHIBIT C FORM OF PRELIMINARY OFFICIAL STATEMENT C-l Item # 19 Attachment number 1 Page 18 of 23 Item # 19 Attachment number 1 Page 19 of 23 EXHIBIT D CONTINUING DISCLOSURE CERTIFICATE D-l Item # 19 Attachment number 1 Page 20 of 23 Item # 19 EXHIBIT E COMMITMENTS FOR FINANCIAL GUARANTY INSURANCE POLICY E-l Attachment number 1 Page 21 of 23 Item # 19 Attachment number 1 Page 22 of 23 Item # 19 Attachment number 1 Page 23 of 23 EXHIBIT F ADDITIONAL INSURER PROVISIONS F-l Item # 19 Attachment number 2 rIIIu ~ II ~,:o.," "" III.",,"" ... 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I' . . ~ I Attachment number 3 Page 1 of 53 Preliminary Official Statement Dated June 12, 2007 NEW ISSUE Ratin!!s: Moody's: "Aaa" (Insured) "A2" (Underlying) Fitch: "AAA"(Insured) 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 Item # 19 Attachment number 3 Page 2 of 53 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 Item # 19 Attachment number 3 Page 3 of 53 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. 1 Item # 19 Attachment number 3 Page 4 of 53 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 INSURAN CE ............................................................... 31 COMBINED DEBT SERVICE REQUIREMENTS ............................................... 35 HISTORICAL COVERAGE OF DEBT SERVICE BY THE SYSTEM NET REVENUES................................................................................................................ 36 11 Item # 19 Attachment number 3 Page 5 of 53 RA TIN GS .................................................................................................................... 36 LEGALITy.................................................................................................................. 37 TAX EXEMPTION ..................... ................................................... ............................. 37 VERIFICATION OF MATHEMATICAL COMPUTATIONS .............................. 40 INVESTMENT POLICY OF THE CITy................................................................. 40 ENFORCEABILITY OF REMEDIES..................................................................... 41 LITI GA TION .............................................................................................................. 41 GENERAL PURPOSE FINANCIAL STATEMENTS .......................................... 42 ADVISORS 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 111 Item # 19 Attachment number 3 Page 6 of 53 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. 4 Item # 19 Attachment number 3 Page 7 of 53 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 5 Item # 19 Attachment number 3 Page 8 of 53 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)lncludes 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. 6 Item # 19 Attachment number 3 Page 9 of 53 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 7 Item # 19 Attachment number 3 Page 10 of 53 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. 8 Item # 19 Attachment number 3 Page 11 of 53 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 & Co.'s consenting or voting rights to those Direct Participants to whose accounts Series 2007 9 Item # 19 Attachment number 3 Page 12 of 53 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 10 Item # 19 Attachment number 3 Page 13 of 53 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. 11 Item # 19 Attachment number 3 Page 14 of 53 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 12 Item # 19 Attachment number 3 Page 15 of 53 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. 13 Item # 19 Attachment number 3 Page 16 of 53 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: 14 Item # 19 Attachment number 3 Page 17 of 53 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) of the 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 15 Item # 19 Attachment number 3 Page 18 of 53 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. 16 Item # 19 Attachment number 3 Page 19 of 53 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: 17 Item # 19 Attachment number 3 Page 20 of 53 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. 18 Item # 19 Attachment number 3 Page 21 of 53 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 19 Item # 19 Attachment number 3 Page 22 of 53 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 20 Item # 19 Attachment number 3 Page 23 of 53 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 21 Item # 19 Attachment number 3 Page 24 of 53 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] 22 Item # 19 Attachment number 3 Page 25 of 53 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) 23 Item # 19 Attachment number 3 Page 26 of 53 (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 24 Item # 19 Attachment number 3 Page 27 of 53 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 25 Item # 19 Attachment number 3 Page 28 of 53 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 26 Item # 19 Attachment number 3 Page 29 of 53 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. 27 Item # 19 Attachment number 3 Page 30 of 53 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 Transportation. 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: 28 Item # 19 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 3 Page 31 of 53 Meters Percenta~e 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 29 Item # 19 Attachment number 3 Page 32 of 53 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 ofthe 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. 30 Item # 19 Attachment number 3 Page 33 of 53 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 31 Item # 19 Attachment number 3 Page 34 of 53 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. 32 Item # 19 Attachment number 3 Page 35 of 53 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. 33 Item # 19 Attachment number 3 Page 36 of 53 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". 34 Item # 19 Attachment number 3 Page 37 of 53 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 35 Item # 19 Attachment number 3 Page 38 of 53 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 36 Item # 19 Attachment number 3 Page 39 of 53 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 37 Item # 19 Attachment number 3 Page 40 of 53 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. 38 Item # 19 Attachment number 3 Page 41 of 53 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. 39 Item # 19 Attachment number 3 Page 42 of 53 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. 40 Item # 19 Attachment number 3 Page 43 of 53 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. 41 Item # 19 Attachment number 3 Page 44 of 53 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 42 Item # 19 Attachment number 3 Page 45 of 53 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: 43 Item # 19 44 Attachment number 3 Page 46 of 53 City Manager Item # 19 Attachment number 3 Page 47 of 53 APPENDIX A GENERAL INFORMATION RELATING TO THE CITY OF CLEARWATER, FLORIDA 45 Item # 19 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 3 Page 48 of 53 Item # 19 Attachment number 3 Page 49 of 53 APPENDIX C SUMMARY OF CERTAIN PROVISIONS OF THE BOND ORDINANCE Item # 19 APPENDIX D FORM OF CONTINUING DISCLOSURE CERTIFICATE Attachment number 3 Page 50 of 53 Item # 19 Attachment number 3 Page 51 of 53 APPENDIX E FORM OF BOND COUNSEL OPINION Item # 19 Attachment number 3 Page 52 of 53 APPENDIX F SPECIMEN BOND INSURANCE POLICY Item # 19 Attachment number 3 Page 53 of 53 APPENDIX G SCHEDULES OF RATES Item # 19 Attachment number 4 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 # 19 Attachment number 4 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 # 19 Attachment number 4 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 # 19 Attachment number 4 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 # 19 Attachment number 4 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 # 19 Attachment number 4 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 # 19 Attachment number 5 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 # 19 Attachment number 5 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 # 19 Attachment number 5 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/muni_contactinfo.html Email: Munis@Bloomberg.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 3460701 3 Item # 19 Attachment number 5 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 website 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 # 19 Attachment number 5 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 # 19 Attachment number 5 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 # 19 Meeting Date: 6/7 /2007 City Council Agenda 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 1 year commencing July 1,2006, through June 30, 2007 and authorize the appropriate officials to execute same. 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) Clerk Cover Memo Item # 20 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 # 20 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 # 20 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. 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. 9. Receive and dispatch complaints via telephone, walk-in and radios. 3 Item # 20 Attachment number 1 Page 4 of 13 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. D. 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. 16. Secure, handle and preserve evidence. 4 Item # 20 Attachment number 1 Page 5 of 13 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. S1 006.12, 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 bv CLEARWATER P.O. The CLEARWATER P.O. shall supply the following support services for SROs: 1. Maintain and file Uniform Crime Reporting (UCR) records according to law. 5 Item # 20 Attachment number 1 Page 6 of 13 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. 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 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.D. shall be determined through negotiation, and the costs prorated, based upon the required hourly coverage contained in Article III. ARTICLE IV. Problem Resolution. 6 Item # 20 Attachment number 1 Page 7 of 13 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.D. and the Board. ARTICLE VI. Transfer of SRO's. Both the School Board and CLEARWATER P.D. 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. 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. 7 Item # 20 Attachment number 1 Page 8 of 13 The term of this Agreement shall be for 1 year, beginning July 1, 2006 and ending June 30,2007. 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 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.D. for all services performed to the date of termination. ARTICLE X. Defense of Leqal Actions. 8 Item # 20 Attachment number 1 Page 9 of 13 A. Subject to the limitations contained in F.S.S111.07, the CLEARWATER P.D. shall defend any lawsuit filed against the CLEARWATER P.D. or the SRO which arises out of services performed by the CLEARWATER P.D. CLEARWATER P.D. procedures shall be followed in handling such suits. The CLEARWATER P.D. 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.D. 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.D. ARTICLE XI. Miscellaneous. A. Assiqnment. This Agreement may not be assigned without the written consent of the CLEARWATER P.D. and the BOARD. B. Severabilitv. 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.D. to: Chief of Police, Clearwater P.D. 645 Pierce St. Clearwater, FL 33756 Copy to: City Attorney, City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 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 9 Item # 20 Attachment number 1 Page 10 of 13 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 Authority. 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 Approved as to form: Sign: Print: School Board Attorney 10 Item # 20 CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney Attachment number 1 Page 11 of 13 By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk 11 Item # 20 Attachment number 1 Page 12 of 13 APPENDIX 1 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: 1.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 # 20 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 1 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 1 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 # 20 Meeting Date:617/2007 City Council Agenda 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 April9, 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 willlikely 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) Clerk Cover Memo Item # 21 . I] . . . . . I . ~. . . Attachment number 1 Page 1 of 8 gj . . . . . . ~:).},~: i~ir i~}!::';::t~.(~1l~~::;~~: {"t"? :G~~Y:~r~s:f.~~~::~L~O', . - - - . . . - . .. .. .;.:" :;'~/ ~;~::~: \; :~!.~~:.~~.~I:.~i~j ;.~ ~~I': L ~'~i}i,j}'!Jr<'::kD~.: It !~li11~if:!;;~~l~~ll~~;;~ru;iiJ\~;~jjji~~~~~~~~~0~i~~~~~~~~~~~~~j\{~::~~i'J . .. I &~ - II II --. . . . ~.~I~:~.? :\~ ~)/~ ~::: {.~~~~~:~I..~.:~ .~: \.::.\~,~ ~.::~::fi:~~;~.~7 ~:.~_~ ~ t:~~?}.~~.: ~f~;~~~:.Jf.-~~~~::\~.:~t;~\~C~ ~.~:~.~~ I . I iI :tI III . iii - :~ ~< \: ~ ~..8~;/;: :<:~>:~i(./~ <~~/?>~.:~~.~~1 ~~~:~; IIiiiJ Item # 21 . 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II . r;; ~ . -=:. . ,~ "1" -.- . ... -.. =- . m 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 # 21 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'OTW, along said North line, 42.31 feet; thence NOo015'53"E, 10.00 feet; thence S89044'OTE, 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 N01 010'56"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'OTE, 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 # 21 t- . I~:':~~ -~~.~.~:~.,~.. :?),~ ;;:_:;'~I.:--~~_ ~ :)~. ..C..I...... "/,:jr - ... ',I ,~* '-;!, ."." ~~~;/~:~ \~. r ~.1. ~; :~ ~~. / !Il~ ) .. . -. - .. . w ~ Attachment number 3 . . 1I1~..<".;".:".'.~/""~_f :'j21I;Eif,~~~tI~~,hih~i{~.: ll~;~~~~kX~k~-~.~.~:: Jt~~~?~~?!~.f//~.[{~};~!)Ji2~:~!!;~~~:\:~j;~?l. i~j~~A(.~:.t.~~.:~~\~.;'~~.~;~.t\~~:;~.0;,iJ~3~::).( : (~~~~.^~~.~~-~~0'.~~/~:;~.;~~~:~_./ ~Y/M( i i~:K~~.D~W~\i.~5~jj.~~' \&LL~:It'.':>2.<}7(::.::2X';/I,~~,f0).1 _iBI' I ~ .. ,. . . . . --=" - ...... - . Attachment number 3 Page 2 of 2 C~.'~'.'~i~rg;_:~~..~;.~{;'~:{~'g:d".Z'!3.'{~~Ji!:~'~n.f:~~! :~~~:~i'~{rJ~{~/:'~W:~fr-~~ . . . . . EI . I): . R 01i .~ . =: :! " . II . 55 . . Item # 21 . Attachment number 4 Page 1 of 1 81 ] 8 ~ ~DOVEWOOD 8T ~ o <( i1i APPLEWOOD LL m c;;J K TRAI L o o o ~ z <( 0:: c.9 \ (j) o (f) ~ c::::::::J DREW ST H W Kt~E ~)( & City of Clearwater Engineering Department Grid # S.K. 282A Reviewed By: S-T-R E.B. Scale: N.T.S. 8-29s-16e C\3te: 05/10/07 Drawn By Item # 21 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:617/2007 Review Approval: 1) Clerk Cover Memo Item # 22 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:617/2007 Review Approval: 1) Clerk Cover Memo Item # 23