12-03-2001
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Voting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
Coundl>>vmanRhodes
Council>>vman Lichter
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
December 3,2001
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS
A. The "Eagles" Lodge presenting JoAnne Winston as Officer of the Quarter
and Sue Griffiths as Employee of the Quarter.
4. CITIZEN COMMENTS
(This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or
less. )
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2001-0-75, Amending Articles X (Code Compliance),
XI (Concurrency Management System) and XII (Telecommunication
Towers) of the Land Development Code. (Continued from November 12,
2001, item 6.C.)
B. 1 stReading, Ord. No. 2001-0-77, Repealing Chapter 19.5 (Vehicles for Hire)
in its entirety and adopting a new Chapter 19 .5 (Vehicles for Hire).
C. 1 st Reading, Ord. No. 2001-0-78, Amending the Official Future Land Use
Map from County Urban Low Intensity and Environmental Systems Corridor
to City Commercial for property located on the south side ofSR 442 and east
ofI-95.
D. 1 st Reading, Ord. No. 2001-0-79, Amending the Official Zoning Map from
County RC (Resource Corridor) to City B-3 (Highway Commercial) for
property located on the south side of SR 442 and east ofI-95.
E. }"t Reading, Ord. No. 2001-0-80, Amending the Official Future Land Use
Map from County Rural to Low Density Transition for property located at
Lots 17 and 18 Massey Ranch Airpark, Unit 1, also known as 1020 and 1024
Flying "M" Court.
F. 1 st Reading, Ord. No. 2001-0-81, Amending the Official Zoning Map from
County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for
property located at Lots 17 and 18 Massey Ranch Airpark, Unit 1, also
known as 1020 and l024 Flying "M" Court.
G. }"t Reading, Ord. No. 2001-0-82, Amending the Official Future Land Use
Map from County Commercial to Commercial for property located west of
US 1 and 360:t feet south of Silver Circle.
R. 1 sl Reading, Ord. No. 2001-0-83, Amending the Official Zoning Map from
County B-4 (General Commercial) to City B-3 (Highway Commercial) for
property located west of US 1 and 360:t feet south of Silver Circle.
1. 1st Reading, Ord. No. 2001-0-84, Amending the Official Future Land Use
Map from County Urban Low Intensity to City Low Density Residential for
property located between US 1 and the Indian River on Swordfish Lane.
J. 1 st Reading, Ord. No. 2001-0-85, Amending the Official Zoning Map from
County R-3 (Urban Single Family Residential) to City R-2 (Single Family
Residential) for property located between US 1 and the Indian River on
Swordfish Lane.
K. 1 st Reading, Ord. No. 2001-0-86, Amending the Official Future Land Use Map from
County Commercial and Urban Low Intensity to City Commercial for property
located at 2576 South Ridgewood Avenue.
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City Council Agenda
December 3,2001
Page -2-
L. 1 st Reading, Ord. No. 2001-0-87, Amending the Official Zoning Map from
County B-4 (General Commercial) and MH-5 (Urban Mobile Home) to City
B-3 (Highway Commercial) for property located at 2576 South Ridgewood
Avenue.
M. 1 st Reading, Ord. No. 2001-0-88, Amending the Official Future Land Use
Map from County Urban Low Intensity to City Low Density Residential for
property located at 2751 Alamanda.
N. 1st Reading, Ord. No. 2001-0-89, Amending the Official Zoning Map from
County R-3 (Urban Single Family Residential) to City R-l (Single Family
Residential) for property located at 2751 Alamanda.
O. pt Reading, Ord. No. 2001-0-90, Amending the Official Future Land Use
Map from County Urban Low Intensity to City Low Density Residential for
property located at 2753 Alamanda.
P. 1 st Reading, Ord. No. 2001-0-91, Amending the Official Zoning Map from
County R-3 (Urban Single Family Residential) to City R-l (Single Family
Residential) for property located at 2753 Alamanda.
Q. pt Reading, Ord. No. 2001-0-92, Amending the Official Future Land Use
Map from County Urban Low Intensity to City Low Density Residential for
property located at 2759 Alamanda.
R. 1 st Reading, Ord. No. 2001-0-93, Amending the Official Zoning Map from
County R-3 (Urban Single Family Residential) to City R-l (Single Family
Residential) for property located at 2759 Alamanda.
S. pt Reading, Ord. No. 2001-0-94, Amending the Official Future Land Use
Map from County Urban Low Intensity to City Low Density Residential for
property located at 2750 US 1.
T. pt Reading, Ord. No. 2001-0-95, Amending the Official Zoning Map from
County R-3 (Urban Single Family Residential) to City R-l (Single Family
Residential) for property located at 2750 US 1.
U. 1 st Reading, Ord. No. 2001-0-96, Amending the Official Future Land Use
Map from County Urban Low Intensity and Commercial to City Commercial
for property located south of 28th Street and west of US 1.
V. 1 st Reading, Ord. No. 2001-0-97, Amending the Official Zoning Map from,
County B-4 (General Commercial) and R-3 (Urban Single Family
Residential) to City B-3 (Highway Commercial) for property located south
of 28th Street and west of US 1.
W. 1st Reading, Ord. No. 2001-0-98, Amending the Official Future Land Use
Map from County Urban Low Intensity and Commercial to City Public/Semi-
Public for property located at 3232 South Ridgewood Avenue.
X. 1 st Reading, Ord. No. 2001-0-99, Amending the Official Zoning Map from
County B-4 (General Commercial) and B-3 (Urban Single Family
Residential) to City B-3 (Highway Commercial) for property located at 3232
South Ridgewood Avenue.
y. 1 st Reading, Ord. No. 2001-0-100, Amending the Official Future Land Use
Map from County Urban Low Intensity and Commercial to City Commercial
for property located south of 28th Street and west of US 1.
Z. 1 st Reading, Ord. No. 2001-0-101, Amending the Official Zoning Map from,
County B-4 (General Commercial) and R-3 (Urban Single Family
Residential) to City B-3 (Highway Commercial) for property located south
of 28th Street and west of US 1.
AA. 1 st Reading, Ord. No. 2001-0-102, Redistricting the City of Edgewater for
the purpose of electing City Council members.
BE. Res. 2001-R-24, Requesting the State of Florida to dedicate the Rose Bay
Bridges in Volusia County, Florida in honor of United States Military
Personnel who are prisoners of war or missing in action.
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City Council Agenda
December 3,2001
Page -3-
7. CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
Council. Items on the consent agenda are not subject to discussion. One ofthe most basic
rules of a consent agenda is that any member ofthe City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member.
A. Mayor Schmidt's Appointments to Committees and Agencies:
1 ) Veterans Park Advisory Committee
2) Volusia Council of Governments
3) Volusia County Metropolitan Planning Organization
4) Volusia County Water Alliance
5) Volusia Growth Management Commission
6) Volusia County MPO Citizen Advisory Committee
7) V olusia 2020 Steering Committee
B. General Employees Pension Board Appointment - Mayor Schmidt's
appointment of Councilperson to serve as their representative.
C. Construction Regulation Board Appointment - Councilman Brown to
consider reappointing John Gaffney to serve another term, at his request.
D. Firefighter's Pension Fund Board Appointment - approval of reappointment
of Gary Butt for another term (appointed by the Board).
8. OTHER BUSINESS
A. Election of Vice Mayor (Continued from November 12,2001, item 8.A.)
B. Request for Funding - Ron Prekup to address Council for the purpose of
requesting $500 to be used for the 13th Annual Top Gun Spotted Sea Trout
Fishing Tournament.
C. Request For Proposal (RFP) - staff requesting approval to prepare a RFP for
a bank loan to fund various construction projects ($7,680,000).
D. Construction Proiect - staff recommending approval to authorize a Notice of
Intent to A ward to Wharton-Smith, Inc. for the City's Advanced Wastewater
Treatment Facility (WWTF) reclaimed water improvements at a bid proposal
of $2,092,000, and authorizing the City Manager to execute the contract
documents upon receipt of insurance, bonds and other documents.
(Continued from November 12,2001, item 8.C.)
E. Continued Engineering Services - staff recommending approval for Contract
Administration and Resident Project Inspection Services for the City's
Advance WWTF Reclaimed Water System Improvements at a cost of
$49,104.00, and authorizing the City Manager to execute the contract
documents. (Continued from November 12,2001, item 8.D.)
F. Re-roofing - staff recommending approval of contracting with Advanced
Weatherproofing Systems, Inc. to repair/replace the City Hall and Council
Chambers roofs at a cost of $44,300 plus $44.00 per sheet of plywood.
G. Purchase and Sale Agreement (FIND Proiect) - staff recommending approval
of Contract to buy 141.5:t acres at $4,262,847 and authorizing the Mayor
and City Attorney to execute the Contract.
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Reschedule meeting of January 21, 2002, Martin Luther King, Jr.
Day, to January 28,2002.
10. CITIZEN COMMENTS/CORRESPONDENCE
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11. ADJOURN.
continued on page 4
City Council Agenda
December 3,2001
Page -4-
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments to
five minutes or less.
2) All items for inclusion on the December 17, 2001, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, December 10,2001.
Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record
of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting.
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AGENDA REQUEST
Date: November 13, 2001
PUBLIC
HEARING
RESOLUTION
OTHER
BUSINESS
ORDINANCE December 3, 2001
CONSENT
CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance No. 2001-0-75
Amending Articles X (Code Compliance), XI
(Concurrency Management System), and XII
(Telecommunication Towers) of the Land
Development Code.
BACKGROUND:
Since adoption of the new Land Development Code (July 10,2000), staff has reviewed the Code
and proposed several changes. All proposed changes are presented in the strike-through and
underline format.
First reading of Ordinance No. 2001-0-75 was tabled at the November 12,2001 Council meeting.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2001-0-75 amending Articles X, XI, and XII of the
Land Development Code.
ACTION REQUESTED:
Motion to approve Ordinance No. 2001-0-75, amending Article X, XI, and XII of the Land
Development Code.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES 6C
NO
\(~&\(-~ '\.. .
Kenneth R. Hooper "\ T
City Manager
Robin Matusick
Legal Assistant
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ORDINANCE NO. 2001-0-75
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE X
(CODE COMPLIANCE PROCESS), ARTICLE XI
(CONCURRENCY MANAGEMENT SYSTEM) AND ARTICLE
XII (TELECOMMUNICATION TOWERS), PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
scrivener's errors would be corrected by amending specific Articles contained in the Land
Development Code; and
WHEREAS, upon review, Article X (Code Compliance Process, Article XI (Concurrency
Management System) and Article XII (Telecommunication Towers) should be amended at this time
to correct outstanding scrivener's errors and to modify other outstanding issues in an effort to
provide consistency between the Land Development Code and the Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
Stl uck tl.IOugl. passages are deleted.
Underlined passages are added.
2001-0-75
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE X (CODE COMPLIANCE PROCESS),
ARTICLE XI (CONCURRENCY MANAGEMENT SYSTEM)
AND ARTICLE XII (TELECOMMUNICATION TOWERS)
OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA.
Article X (Code Compliance Process), Article XI (Concurrency Management
System) and Article XII (Telecommunication Towers) of Chapter 21 (Land
Development Code) of the City of Edgewater, Florida, adopted pursuant to
Ordinance No. 2000-0-12 is hereby amended as set forth in Exhibit "A" which is
attached hereto and incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
Stl uck thlough passages are deleted.
Underlined passages are added.
2001-0-75
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 12, 2001, was as follows:
AYE
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
ABSENT
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stl lick thIOUgh passages are deleted.
Underlined passages are added.
2001-0-75
3
NAY
NAY
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StIUck tl.IOUgh passages are deleted.
Underlined passages are added.
2001-0-75
day of
,2001.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 2001 under
Agenda Item No.
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ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21-120 - ENFORCEMENT PROCESS
21-120.01 - Purpose ............... ................................................................................................. .. X-I
21-120.02 - Enforcement Procedure ...... ...... ...... ....................... ....... .................... .................. ... X-I
21-120.03 - Conduct of Hearing ... ....... .................................. ........................... .............. .......... X-3
21-120.04 - Notices ................................................................................................................... X-4
21-120.05 - Administrati ve Fines, Costs of Repairs .. ................... .................. ...... .............. ...... X-5
21-120.06 - Liens . .................... ........... ................ ............................. ......................................... X-6
21-120.07 - Appeals ....... .......... ...... ..... .................. ....... .... .... ............. .... ........ ............................ X-6
21-120.08 - Effect on Pending Projects .... .................... ......... ............. ........ ............. ................. X-6
Sections 21-121 through 21-129 reserved for future use.
Article X
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Rev. 11/01 (PoliciesProcedures/LandDevelopmentCode)
ARTICLE X
CODE COMPLIANCE PROCESS
U SECTION 21-120 - ENFORCEMENT PROCESS
21-120.01 - Purpose
The purpose of this Article is to promote, protect and improve the health, safety and welfare of the
citizens of the City by empowering the Code Enforcement Board (hereinafter referred to as "CEB")
to impose, administrative costs, fines and various non-criminal penalties and to provide for an
equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws,
Codes of Ordinances and statutes in force in the City. Nothing in this Article shall prohibit or limit
the City from enforcing the laws, Codes of Ordinances and statutes in force in the City by any other
means available. The provisions of this Article are merely an additional means of obtaining
compliance.
(.)
The following City staff members are hereby empowered to establish procedures for the
implementation of the provisions of this Article - City Manager, City Attorney, Code Enforcement
Board Attorney and Chief of the Fire-Rescue Department. The Planning Department Director, Code
Compliance officers, Building Official, Building Inspectors, Life Safety Inspectors, Police Officers
and any other City staff member who meets the requirements of Section 162.04 (2), Florida Statutes.
21-120.02 - Enforcement Procedures
a. Complaints concerning possible code violations may be received by telephone, voice mail,
written correspondence, direct citizen contact, referrals from other City departments or
governmental agencies or by the direct observation by a code inspector. Upon notification
of such complaint, a code inspector will determine the location of the alleged violation and
investigate the nature of the complaint. If the complaint is received by someone other than
a code inspector, the code inspector or staff member assisting the code inspector will ask for
the name, address and phone number of the person making a complaint. Persons not wishing
to reveal that information will be listed as an "anonymous complaint".
b.
A code inspector will attempt to determine if a code violation exists. Observations will be
made from public property unless permission is secured from an owner or tenant to access
private property. The code inspector will make every effort to personally contact the owner
or tenant of the property where the alleged violation exists. If personal contact is not
possible, a "courtesy notice of violation" describing the violation and which includes a
request for corrective action and sets a reasonable time frame for such action will be left at
the property. If the owner or tenant of the property where the alleged violation exists refuses
entry to the code inspector, the inspector will leave the property and report the incident to
their immediate supervisor. Dates and times of such property visits will be documented.
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c.
If the code inspector has reason to believe a violation or condition causing the violation
represents a serious threat to public health, safety and welfare or if the violation is irreparable
or irreversible in nature, the code inspector shall make a reasonable effort to notify the
alleged violator and may immediately request a hearing to be scheduled.
d. Follow up inspections will be performed in a timely manner in accordance with the time
frame set forth in the "courtesy notice of violation". The code inspector will make a
determination if corrective action was appropriately taken or whether the violation was
otherwise brought into compliance.
e.
If the code inspector determines that the corrective action was appropriately taken or whether
the violation was otherwise brought into compliance, such action taken including the date
and time of verification, will be included in the case file. If the violation continues beyond
the time frame set forth in the "courtesy notice of violation", staff will prepare a "notice of
violation" to be sent, via certified mail, or hand delivered to the owner/tenant of the property.
The "notice of violation" will state the section of the Code that is in violation and the
corrective action needed to bring the violation into compliance. The "notice of violation"
will state the time period in which the violation must be corrected or the alleged violator will
be required to appear before the next scheduled CEB hearing. The date, time and location
of the meeting will be included in the notice. The "notice of violation" shall place the
alleged violator on notice that failure to achieve compliance may result in fines and the
recovery of costs associated with those fines as well as the possibility of liens placed against
the property.
f. The code inspector shall re-inspect the property after the prescribed time period of time for
corrective action set forth in the "notice of violation." If the code inspector determines that
the property has not been brought into compliance, the code inspector may take photographs
of the violation or gather other evidence indicating that the violation still exists. Staff will
then schedule the alleged violator for appearance before the next scheduled CEB meeting.
g. The code inspector and staff will prepare the case for presentation before the CEB. This
shall include the preparation of a "notice of violation hearing" to be sent to the alleged
violator, by certified mail with return receipt requested, informing the alleged violator of the
date and time of the CEB hearing. This "notice of violation hearing" shall be sent no less
than fourteen (14) days prior to the hearing before the CEB.
h. If the return receipt from the certified mailing of the "notice of violation hearing" has not
been returned to the Community Services Division, the property will be posted with a "notice
of violation hearing" no less than ten (10) days prior to the scheduled CEB meeting.
1.
The agenda for the CEB meeting may be advertised in a local newspaper of general
circulation prior to the meeting.
Rev. 11/01 (PoliciesProcedureslLandDevelopmentCode) X-2
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J. The CEB members must receive the meeting agenda and packet, either by mail or hand
delivered, no later than seven (7) days prior to the meeting.
k.
The code inspector will, on the day of the scheduled hearing, reinspect the violation items
and report the findings to the CEB.
I. The CEB will meet on the third Thursday of each month at 5:30 p.m. in the Edgewater
Community Center located at 102 North Riverside Drive, unless determined otherwise by
the CEB. All meeting dates of the CEB will be advertised in a local newspaper.
m. If a repeat violation meeting the criteria of Section 162.04 (5), Florida Statutes, is found, the
code inspector shall notify the violator but is not required to give the violator a reasonable
time to correct the violation and shall schedule consideration of the matter by the CEB at the
next scheduled meeting. The case may be presented to the CEB even if the repeat violation
has been corrected prior to the meeting and the notice to the violator shall so state.
n. Persons that may be charged with an alleged violation may include:
1.
The owner, agent, lessor, lessee, contractor or any other person using the land,
structure or premises where a violation has occurred;
Any person who knowingly commits, takes part in or assists in any such violation;
or
Any person who maintains any land, structure or premises in which a violation exists.
2.
3.
o. If the owner of property which is subject to an enforcement proceeding before the CEB
transfers ownership of such property between the time the initial notice was provided and the
time of the hearing, such owner shall provide the notices as required by Section 162.06(5),
Florida Statutes.
21-120.03 - Conduct of Hearing
a. The code inspector responsible for the case shall present the case before the CEB. The code
inspector may seek assistance of City staff involved in the case and the CEB attorney.
b. The CEB shall take sworn testimony from all parties and may hear any additional relevant
information relating to the case. All testimony shall be recorded. Formal rules of evidence
shall not apply, but fundamental due process shall be observed and shall govern the hearing
proceedings.
c.
The alleged violator has the right to appear in person before the CEB to testify personally and
present other evidence relevant to the matter under consideration by the CEB, to subpoena
witnesses to testify at the hearing and to be represented before the CEB by legal counsel of
his own choosing at his own expense.
Rev. 11/01 (PoliciesProccdurcs/LandDevelopmentCodc) X-3
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d. At the conclusion of the hearing, the CEB shall issue findings of fact based on evidence of
record and conclusions of law and shall issue an order affording compliance in accordance
with powers granted in Section 21-86.
e.
The order will specify a date by which the violation must be corrected and that a fine may
be imposed and as well as an additional charge to the owner for any costs incurred by the
City to bring the violation into compliance in the event such compliance is not met by a
specific date.
f. A certified copy of such order shall be recorded in the public records of V olusia County and
shall constitute notice to any subsequent purchasers, successors in interest or assigns, and
tenants of the property where the violation has been cited.
g. If an order is recorded in the public records of V olusia County in accordance with this Article
and the order is complied with by the specified date, the CEB shall issue an order
acknowledging compliance that shall also be recorded in the public records. A separate CEB
hearing is not required to issue such an order acknowledging compliance.
h. If the City prevails in prosecuting a case before the CEB, the City shall be entitled to recover
all costs incurred in prosecuting said case.
21-120.04 - Notices
a. All notices required by this Article will be provided to the alleged violator by certified mail
with return receipt requested; by hand delivery by a code inspector or by leaving the notice
at the violator's usual place of residence with any person residing therein who is at least
eighteen (18) years of age and has been informed of the contents of the notice. Evidence that
an attempt has been made to mail or hand deliver the notice shall be sufficient to show that
the notice requirements have been met, without regard to whether the alleged violator
received such notice.
b. In addition to providing notice as set forth above, notice may also be served by publication
or posting as follows:
1. Such notice shall be published once during each week for four (4) consecutive weeks
in a newspaper of general circulation in Volusia County which meets the
requirements as prescribed by Chapter 50, Florida Statutes, for legal and official
advertisements. Proof of publication shall be made as provided in accordance with
Sections 50.041 and 50.051, Florida Statutes.
c.
In lieu of publication as described in subsection (a), such notice may be posted for at least
ten (10) days in at least two (2) locations, one of which shall be the property upon which the
violation is alleged to exist and the other being Edgewater City Hall. Proof of posting shall
Rev. 11/01 (PoliciesProcedures/LandDevclopmcntCode) X-4
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be by affidavit of the person posting such notice and sha1l include a copy of the notice posted
and the dates, times and locations of posting.
d.
Notice by publication or posting may run concurrently with, or may follow, attempts to
provide notice in other manners described in this section.
21-120.05 - Administrative Fines, Costs of Repairs
a. The CEB, upon notification by a code inspector that an order of the CEB has not been
complied with by the set time, or upon finding that a repeat violation has been committed,
may order the violator to pay a fine in an amount and in accordance with the provision of
Section 162.09, Florida Statutes.
b. In addition, the CEB may notify the City Manager if an order to comply is not completed
within the specified time frame. The City manager may authorize reasonable repairs which
are required to bring the property into compliance. These costs will be charged to the
violator. Making such repairs does not create a continuing obligation on the part of the City
to make other repairs or to maintain the property and does not create any liability against the
City for any damages to the property if such repairs were completed in good faith.
c. In determining the amount of the fine, if any, the CEB will consider the following factors:
1.
2.
3.
The gravity of the violation;
Any actions taken by the violator to make corrections; and
Any previous violations committed by the violator.
d. The CEB may reduce a fine imposed pursuant to this Article, unless there is a lien imposed
relating to the fine. In such cases, the CEB or City Council may execute a lien satisfaction
or lien release document.
e. A fine imposed pursuant to this Article shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit filed pursuant to this section, whichever
occurs first.
f. A certified copy of an order imposing a fine or a fine plus repair costs, shall be recorded in
the public records of V olusia County and thereafter constitute a lien against the land on
which the violation exists and upon any other real or personal property owned by the
violator. City staff will notify the owner of such lien.
g.
Upon petition to the Circuit Court, such order shall be enforceable as if it is a court judgment
by the County Sheriff, including levy against the personal property of the violator but such
order shall not be deemed a court judgment except for enforcement purposes.
Rev. 11101 (PoliciesProcedurcslLandDevclopmentCode) X-5
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21-120.06 - Liens
a.
A lien arising from a fine imposed pursuant to this Article runs in favor of the City, the CEB
or the City Council, and either may execute a satisfaction or release of the lien.
b. After three (3) months from the filing of any lien which remains unpaid, the City Council
may authorize the City Attorney to foreclose on the lien or to file suit to recover a money
judgment for the amount of the lien plus accrued interest.
c. No lien created pursuant to the provisions of this section may be foreclosed on real property
which is a homestead under Section 4, Article X of the State Constitution. The money
judgment provisions of this section shall not apply to real property or personal which is
covered under Section 4(a), Article X of the State Constitution.
d. The duration and continuation of liens shall be in accordance with Section 162.10, Florida
Statutes.
e. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled
to recover all costs, including a reasonable attorney's fee that are incurred during that action.
f. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien.
g.
The Clerk is authorized and empowered to issue certified copies of the CEB's records.
h. Actions from money judgments under this Article may be pursued on fines levied after
October 1, 2000.
21-120.07 - Appeals
An aggrieved party may appeal the decision of the CEB to the City Council. Following
consideration by the City Council, an aggrieved party, including the City, may appeal an order ofthe
CEB to the Circuit Court in the form and manner proscribed by the Court. Such an appeal shall not
be a hearing de novo, but shall be limited to appellate review of the record created before the CEB.
An appeal shall be filed in writing to the CEB within thirty (30) days of execution of the order to be
appealed.
21-120.08 - Effect On Pending Projects
The City Manager may suspend consideration of any application for development approval regarding
property that is the subject of a code enforcement action. Such suspension shall remain in effect
until the violation is in compliance and any outstanding fine/lien is satisfied.
Sections 21-121 through 21-129 reserved for future use.
Rev. 1]/0] (PoliciesProcedures/LandDevelopmentCode) X-6
ARTICLE XI
CONCURRENCY MANAGEMENT SYSTEM
SECTION 21-130 - PURPOSE AND INTENT.................................. XI-1
o SECTION 21-131- COMPREHENSIVE PLAN CONSISTENCy................. XI-I
SECTION 21-132 - CONCURRENCY REVIEW PROCESS
21-132.01 - General ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-2
21-132.02 - PlOCGdUIGS Manual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *f=2
21-132.<B~ - Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-2
21-132.041- Traffic Counts ............................................ XI-2
21-132.051-ConcurrencyDetermination .................................. XI-3
21-132.062 - Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-3
21-132JHQ - Concurrency Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-3
21-132.0&1- Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . XI-3
SECTION 21-133 - APPLICABILITY AND EXEMPTIONS
21-133.01 - Projects Below the Minimum Threshold. . . . . . . .. . . . . . . . . . . . . . . . . XI-4
21-133.02 - Vested Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-4
21-133.03 - Redevelopment Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-4
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SECTION 21-134 - FINAL DEVELOPMENT ORDER CRITERIA
21-134.01 - Sewer, Water, Solid Waste & Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . XI-5
21-134.02 - Parks & Recreation. . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . .. . . XI-5
21-134.03 - Transportation Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-6
SECTION 21-135 -ADOPTED LEVEL OF SERVICE STANDARDS .............. XI-7
SECTION 21-136 - CONCURRENCY DEMAND METHODOLOGY
21-136.01 - Roadways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-8
21-136.02 - Solid Waste .............................................. XI-lO
21-136.03 - Potable Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-lO
21-136.04 - Sanitary Sewer ............................................ XI-lO
21-136.05 - Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-II
21-136.06 - Recreation and Open Space .................................. XI-II
SECTION 21-137 - INTERGOVERNMENTAL COORDINATION
21-137.01 - Multi-jurisdictional Developments ............................ XI-II
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Sections 21-138 through 21-139 reserved for future use.
Article XI
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Rev. 1010 I (PoliciesProccdurcs/LandDcvclopmcntCodc)
ARTI CLE XI
CONCURRENCY MANAGEMENT SYSTEM
'-> SECTION 21-130 - PURPOSE AND INTENT
Concurrency is a finding that the required public facilities and services necessary to support a
proposed development are available, or will be made available, concurrent with the impacts of the
development. This Article is intended to provide a systematic process for the review and evaluation
of all proposed development for its impact on public facilities and services as required by Chapter
163.3180, Florida Statutes (FS), and Rule 9J-5.0055, Florida Administrative Code (FAC).
Public facilities and services in the City of Edgewater that are subject to these regulations include:
a. Potable Water
b. Sanitary Sewer
c. Drainage/Stormwater
d. Recreation/Open Space
e. Solid Waste
f. Roadways
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The purpose of this Article is to ensure that development orders and permits are conditioned on the
availability of these facilities and services that meet adopted level of service requirements identified
in this Article. This Article is also intended to describe the requirements and procedures for
determining consistency of proposed development with the City of Edge water's Comprehensive Plan.
SECTION 21-131- CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
Pursuant to the requirements of Chapter 163.3194 (1)(a), FS, all development applications must
represent projects that are consistent with the City of Edgewater Comprehensive Plan, particularly
the Future Land Use Element designations for the subject parcel. Upon a determination by the City
staff that a proposed project is consistent with the Plan, the development permit applications shall
demonstrate that the public facilities listed above shall be available at prescribed levels of service
when the impact of the development occurs.
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The provisions of this Article implement the following policies of the Comprehensive Plan ti-sted-
betow:
a. Future Land Use Element,. - 2.4, 3.1,3.2,3.3,3.4, 4.2,4.4, G.I ,G.2,G.3
b. Traffic Circulation Element,. 1.2,1.3, 2.3
c. Sanitary Sewer Subelement,. 1.1,1.2, 2.4
d. Potable Water Subelement,. =-+:-t
e: Drainage Subelement,. - 1.1,1.2, 4.3
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f. Coastal Zone Mgmt Element 4.3, 7AI,7A2 and
g. Recreation & Open Space Element-=-t:2:
SECTION 21-132 - CONCURRENCY REVIEW PROCESS
21-132.01 - General
a. The Planning and Dc.vdoplJ1Gl1t Director shall be responsible for the administration of the
Concurrency Management System. No final development order shall be issued for any
project unless it meets the conditions stated in this Article.
b. The Planning alid Dc. v doplilc.nt De.paitme.lit Director shall present a concurrency
management status report to the Planning and Zoning Board ili ~mfficie.nt time. to allow its
review and recommendation to the City Council for preparation of the City's Capital
Improvement Element and Budget.
21-132.92 - PI ocedtlles
The. rlaliliihg alid DGvdopmc.nt De.paltIae.nt sllall Ie.vic.W tIle. Udge.wate.I COlie.urre.lie.)' Mahagc.lile.nt
S)'ste.nl rlOccdure.s Manual alid IlIake IC':OlJlmelidatiolis Ie.galdihg an)' lie.cGssarJ e.haliges to the
rlannilig and ZOliing Doaid. Upon the. rlanIllIlg ahd Zoning Doard' 5 approval of the. De.pmtnlent's
ICGOnIll1elidatioli, tIle Maliual will be revise.d. If the re.cOltlnlehdatiolis re.quire dlangGS to tIlis
Ar tide, tIle LDC arllehdrllelit pi o.:ess de.scr ibed ili Ai tide IX sllall be complcte.d.
21-132.03~ - Application
a. All applicants for projects subject to a concurrency review shall make application in the
manner and form prescribed by the Department and shall at a minimum include the proposed
use, its density or intensity and anticipation completion date.
b. No application for concurrency review shall be accepted unless accompanied by the required
documentation and application fee.
21-132.04J - Traffic Counts
The Planning alid Devcloplllcnt Department shall annually publish the annual average daily vehicle
trips counts for the arteriaI" and collector and local roadway segments affecting the City-when
prOvided by mOT and/oi Volusia County. Traffic COUiItS IlIay also be collected alid publisllcd f'Or
local st1\:.ets as tllC lieed waIIants.
Rev. I % I (PoliciesProcedurcs/LandDcveloprncntCode) XI - 2
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21-132.05~ - Concurrency Determination
The Planning and DevelopnleI1t Department shall provide the applicant with a written concurrency
determination concerning the proposed development no later than twenty-one (21) working days
after submission of the application.
a. Identifying the available capacity of each facility cited in herein; and
b. Identifying any facility deficiencies; and
c. Identifying the improvements required for a deficient facility to meet the adopted level of
service standards; and
d. Other such findings as may be pertinent to the specific project.
21-132.06~ - Appeals
An applicant may appeal concurrency determination made by the Planning and Development
Dc.pat tmcnt to the rlanlIing "lId ZolIilIg Doal d ill tIle fOl111 alId 111"1111GI pIO v ided in Section 21-85.
Director as described in Article I.
21-132.~ - Concurrency Resolution
If the concurrency review determines that the proposed project will cause the level of service
standards for one or more of the facilities listed in Section 21-134 to be exceeded, the City and the
applicant may enter into a developer's agreement pursuant to the requirements of Chapter 163.3220-
3243, FS.
21-132.081 - Fees
The fees for concurrency management reviews and other matters shall be as established by
resolution.
SECTION 21-133 - APPLICABILITY AND EXEMPTIONS
All proposed development projects shall be subject to concurrency review, unless specifically
exempted below. In no case, shall a development order be issued for a minimum threshold project
which would impact a public facility for which a moratorium, or deferral on development, has been
placed.
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21-133.01 - Projects Below the Minimum Threshold
The following projects shall be exempt from concurrency review:
a.
Residential projects resulting in the creation of a one single family dwelling, or one two
family dwelling as well as projects that entail structural alterations to such structures which
do not change the use of the structure or land; or
Change of use, or expansion, of non-residential projects of up to ten percent (10%) of the
existing gross floor area, providing such change of use, or expansion is estimated to generate
less than a fifteen percent (15%) increase in utility demand for the changed or expanded
structure. Vehicle trip generation data shall be pursuant to the latest edition of the Institute
of Traffic Engineers publication, Trip Generation Manual; or
b.
c. Construction of residential or non-residential accessory buildings and structures which do
not create additional public facility demand; or,
d. Actions administered through non-impact development orders as well as other developments
which do not increase demand on public facilities, such as grading or excavation of land, or
structural alterations which do not include a change of use and satisfy provisions of a. and
b. above.
21-133.02 - Vested Projects
Projects with valid final development orders prior to adoptioIi of this Code July 10, 2000, shall be
considered vested and exempt from concurrency management. These development orders shall
include the following:
a. Any project for which a valid building permit was issued prior to adoption of this Code and
has not expired; or
b. All vacant lots in single family detached, single family attached, and two family subdivisions
which were platted and recorded prior to adoption of this Code.
21-133.03 - Redevelopment Projects
a. If a redevelopment project generates demand in excess of one hundred fifteen percent (115%)
of the establishment it is replacing, a concurrency review shall be required. However, the
concurrency review shall only be directed to the demand generated that exceeds the demand
of prior existing development.
b.
If the proposed redevelopment generates equal, or less, demand than the existing project, the
applicant for concurrency review shall be given a concurrency credit memorandum within
thirty (30) days of the concurrency evaluation which enables the applicant to reserve the
Rev. I % I (PoliciesProcedures/LandDevelopmentCode) XI-4
unused capacity. The concurrency credit memorandum will expire within 3 years of its
issuance. The applicant's submission of an application for a demolition permit shall initiate
the concurrency review for the express purpose of issuing credits for redevelopment.
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~ SECTION 21-134 - FINAL DEVELOPMENT ORDER CRITERIA
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A final development order shall not be granted for a proposed development unless the City finds that
capacity for public facilities exists at, or above, adopted level of service (LOS), or that improvements
necessary to bring concurrency facilities up to their adopted LOS will be in place concurrent with
the impacts of the development. The City shall find that the criteria listed below has been met in
order for a proposed development to be found in compliance with concurrency management
requirements.
21-134.01 - Sanitary Sewer, Solid Waste, Drainage, And Potable Water Facilities
Sanitary sewer, solid waste, drainage, and potable water facilities shall, at a minimum, meet the
following standards to satisfy the concurrency requirements:
a. A development order is issued subject to the condition that at the time of the issuance of a
certificate of occupancy, or its functional equivalent, the necessary facilities and services are
in place and available to serve the new development; or,
b.
At the time the development order is issued, the necessary facilities are guaranteed in an
enforceable development agreement pursuant to Section 163.3220, FS; or
c. An agreement, or development order, issued pursuant to Chapter 380, FS, to be in place and
available to serve new development at the time of the issuance of a certificate of occupancy.
(Section 163.3180 [2a], FS)
21-134.02 - Parks and Recreation Facilities
Parks and recreational facilities shall, at a minimum, ensure the following standards are met:
a. At the time the development order is issued, the necessary facilities are in place, or actual
construction has commenced; or,
b.
A development order is issued subject to the condition that at the time of the issuance of a
certificate of occupancy, the acreage for the necessary facilities to serve the new development
is dedicated, or acquired by the City, or funds in the amount of the developer's fair share are
committed; and,
1. A development order is issued subject to the conditions that the necessary facilities
needed to serve the new development are scheduled to be in place, or under actual
Rev. I % I (PoliciesProcedures/LandDcvelopmcntCodc) XI - 5
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2.
construction, not more than one (1) year after issuance of a certificate of occupancy,
as provided in the City's Capital Improvement Element; or,
At the time the development order is issued, the necessary facilities are the subject
of a binding executed agreement which requires the necessary facilities and services
to serve the new development to be in place or under actual construction nor more
than one (1) year after issuance of a certificate of occupancy; or,
At the time the development order is issued, the necessary facilities are guaranteed
in an enforceable development agreement pursuant to Section 163.3220, FS or under
actual construction not more than one (I) year after issuance of a certificate of
occupancy.
3.
21-134.03 - Transportation Facilities
Transportation facilities shall, at a minimum, meet the following standards:
a. At the time a development order is issued, the necessary facilities and services are in place
or under construction; or
b.
A development order is issued subject to the conditions that the necessary facilities and
services needed to serve the new development are scheduled to be in place or under actual
construction nor more than three (3) years after issuance of a certificate of occupancy or its
functional equivalent, as provided in the adopted local government five (5) year schedule of
capital improvements. The schedule of capital improvements may include transportation
projects included in the first three (3) years of the most current adopted Florida Department
of Transportation Fi ve Year Work Program. The Capital Improvement Element must include
the following policies:
1. The estimated date of actual project construction commencement and the estimated
completion date;
2. A provision that a plan amendment is required to eliminate, defer, or delay
construction of any road facility which is needed to maintain the adopted level of
service standard and which is listed in the first three (3) years of the five (5) year
schedule of improvements in the Capital Improvement Element.
c. At the time a development order is issued, the necessary facilities are the subject of a binding
executed agreement which require the necessary facilities to serve the new development to
be in place or under actual construction no more than three (3) years after the issuance of a
Certificate of Occupancy; or, .
Rev. 10/0 1 (PoliciesProcedures/LandDevelopmentCode) XI-6
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d.
At the time a development order is issued, the necessary facilities and services are guaranteed
in an enforceable development agreement, pursuant to Section 163.3220, FS; or an
agreement or development order issued pursuant to Chapter 380, FS; and will be in place or
under actual construction not more than three (3) years after issuance of a Certificate of
Occupancy.
SECTION 21-135 - ADOPTED LEVEL OF SERVICE STANDARDS
Table XI-l depicts the level of service standards for those public facilities for which concurrency is
required and are found in Policy 4.1 of the Capital Improvement Element of the Comprehensive
Plan. These standards may only be changed by the full-scale plan amendment process described in
Article IX.
TABLE XI-l
ADOPTED LEVEL-OF-SERVICE STANDARDS
Level of Service Standards Recreation LOS !Person
Sanitary Sewer - 95 200 gallonslERBcapita/day 5 acres of parkland per 1,000 residents
Solid Waste - 2.754-:4lbs.lcapita/day
Drainage - 25 year124 hr storm
Potable Water - 100256 gallonslERBcapita/day
US 1 - LOSD
Riverside Drive - LOSD
Park A venue - LOSD
QtKGlI Palm Willow Oak Drive - LOSD
Indian River Blvd - LOSD
VilgilIia St!Get - LOSD
Local Streets - LOSE
Source: Capital Improvement Element
Note: Roadway Levels of Service are based on the PM Peak Hour
Rev. 10/01 (PoliciesProccdures/LandDevclopmentCode) XI-7
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SECTION 21-136 CONCURRENCY DEMAND METHODOLOGY
The level of service standards for all concurrency facilities are listed ~ in Table XI-I. The
applicant shall provide the Planning alId De.vdoplllClIt Department with the information tcquile.d to
apply the- adoptcd lcvd of SCt vice. stalIdatd to determine if a proposed development is consistent with
the City's concurrency requirements. The demand on concurrency facilities generated by the
applicant's development shall be dGte.il1lilICd as de-scribed llGiGiI1 defined consistent with the City's
Level of Service.
21-136.01 - Roadways
The following criteria shall be used to calculate the trips generated by various land uses:
a. For proposed residential development (except within planned developments), ten (10)
vehicle trips per day per single family or duplex shall be used. Six (6.0) trips per day per
dwelling unit shall be used for all multi-family residential projects.
b.
For all other development categories allowed within the Future Land Use Element, the
impacts of development shall be measured by utilizing the average daily trip generation rate
for each land use in the proposed development. Internal capture rates may be used in
determining traffic volumes for mixed use developments, provided the applicant can justify
the rates used.
c. If the preliminary level of service information indicates a deficiency in roadway capacity
based on adopted level of service (LOS) standards, the developer may at his option, do either
of the following:
1. Prepare a more detailed alternative Highway Capacity Analysis as described in the
Highway Capacity Manual (Special Report 209, Transportation Research Board,
National Research Council, 1985); or
2. Conduct a travel time and delay study following professional standards and
procedures contained in the FDOT Manual for Uniform Traffic Studies.
d. The developer shall be required to submit a traffic analysis for any new development,
including new subdivisions, that is projected to generate five hundred (500) or more trips per
day.
e.
The Planning alld De.vdoplllCllt Department may also require the submission of a traffic
analysis for developments that generate less than five hundred (500) trips per day if the site
location, anticipated total trip generation circulation patterns, possible multi jurisdictional
effects, or other such factors, warrant a more extensive review of traffic impacts.
Rev. I % I (PoliciesProcedures/LandDevclopmentCodc) XI-8
The impact area for the traffic analysis shall include adjacent and connected roadway
segments, as determined by the Planning and Dc.vdoplJ'1c.nt Director. The applicant may
supply alternative trip calculations, including a trip allocation methodology statement that
is consistent with the standards in one, or more, of the following documents:
f.
o
1. 1985 Highway Capacity Manual. Report 209, Transportation Research Board,
National Research Council; or
2. Florida Highway System Plan, "Traffic Analysis Procedures," Florida Department
of Transportation, Bureau of Multi-Modal Systems Planning, 1987 ;or
3. Florida Highway System Plan, "Level of Service Standards and Guidelines Manual,"
Florida Department of Transportation, 1988; or
4. Trip Generation Manual, Institute of Transportation Engineers (latest edition); or,
5. Transportation and Land Development, Stover, Virgil G., Institute of Transportation
Engineers, 1988.
g. The traffic analysis shall include the following:
Total projected average weekday trips for the proposed development; and
Pass-by capture rate (commercial land uses only); and
Internal capture rate (planned development only);and
Daily external trips based on the most recent edition of the Institute of Transportation
Engineers Trip Generation Manual; and
Projected peak hour peak direction vehicle trips on all segments of the arterial and
collector street system affected by the development project.
1.
2.
3.
4.
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5.
(a)
(b)
(c)
(d)
(e)
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(f)
Design capacity of the accessed road(s);
Analysis of traffic distribution on the road network, including all links
impacted by more than ten percent (10%) of project traffic or five hundred
(500) trips per day, whichever is greater. The trip distribution shall be
consistent with the "presets" contained in the approved trip generation model;
Necessary operational improvements to the City, County, or State maintained
transportation system, in order to maintain the appropriate level of service for
the roadway;
Justification, including appropriate references for the use of any trip
generation rates, adjustment factors or traffic assignment methods not
previously approved by the City;
The latest edition of the ITE Trip Generation Manual shall be used to
calculate these estimates. Adjustments to these estimates may be made based
on special trip generation information supplied by the applicant; and,
Other information as may be required by the City.
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(g)
If the alternative methodology indicates there is no deficiency in the capacity,
the results of the alternative methodology will be used. However, the City
shall reserve the option to submit the methodology for review by a
transportation professional prior to accepting the methodology. The cost for
such review shall be borne by the applicant.
21-136.02 - Solid Waste Facilities
The demand for solid waste facilities i5 dctGilllincd a5 follow5. shall be 2.75 pounds per capita per
day.
a. POI 1 c5idcntial dc v dopmclit, limlti pi y tllC total nmnbGI of nnit5 pl0p05Gd tinlG5 4.4 ponlid5
pGI day, pCI dwdlilig nliit.
21-136.03 - Potable Water Facilities
The demand for potable water shall be dGtGl11lihCd a1l follow5. 100 gallons per capita per day.
a. Mnltiply 250 (100 gal5/capita x 2.5 avclagG pGl501i5fllon5Ghold) gallolis timG5 thG nnlilbcl of
dwdlilig nliit5 for rcsidGlitial projGct5.
b.
POI Ictail/conilllGrcial dGvdoplllGnt, thG dGnland for potable watcr 511all bc dGtCIlllilicd by
lllnltiply ihg 25 galloh5 pGI fixtmc mlit di v idGd by 250 Eqni valelit RC5idGntial Unit5
(ERU'5).
c. POI walchon5C,'officG 5110WI00lli dcvdoplllClit, tllC dcmand f01 potable watcr 51lall bG
dGtC,111lihCd by Iltnltiplyih& 25 galloli5 pGl fixtUIG nliit di v idGd by 250 Eqni valelit
RG5idGlitial Uliit5.
21-136.04 - Sanitary Sewer Facilities
The demand for sanitary sewer shall be detclnlincd a1l follow5. 95 gallons per capita per day.
a. POI Icsidcntial plOjCCt5, Iitnltiply 225 (85 gal5,'capitaJday x 2.5 avGlagc pGlSOI1S pCl
housdlold) &allOli5 til11e5 tl.c totalliUIllbcl of plOp05Cd dwdling unit5
b. POI lc.taillcOllllllGlcial dcvdoplllGnt, tllG demalid f01 sanitary 5GWCl shall bc dGtcllnilicd by
multiplyilig 25 galloli5 pCl fixtUlC WUlit dividGd by 225 Equivalent Rcsidc'lltial Unit5.
c.
POI waldlou5C!officc 5110WIOOIll dcveloplncnt, tllc dCIlland f'Ol 5anitalY 5CWCl sllall bc
dCtGlltlillcd by lllultiplyill& 25 gallol15 pel fixtUIC COUltt dividcd by 225 - Equivalent
RC5idcntial Unit5.
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21-136.05 - Drainage
The applicant shall provide evidence demonstrating that the proposed project shall meet the City's
adopted level of service standards for drainage (100 year storm event).
21-136.06 - Recreation and Open Space
The demand for recreation areas shall be determined by applying the recreation facilities standards
found in Table XI-I.
SECTION 21-137 - INTERGOVERNMENTAL COORDINATION
21-137.01 - Multi-jurisdictional Developments
Developments which would impact a public facility in one, or more, adjacent local government
jurisdictions shall be subject to an intergovernmental review for concurrency. Table XI- 2 identifies
some projects that will be subject to multi-jurisdictional review. Other proposed projects may also
be subject to review by other local governments depending on the unique characteristics of the
project.
TABLE XI - 2
TRAFFIC IMPACTS STUDY AREA RADII (miles)
Residential Hotel or Office Shop Centers Industrial
Dwell. Units Motel Units (GLF A) (GLF A) (GLFA)
0-249 DU 0-249 0-99,000 0-49,000 0-249,000
0.5 miles 0.5 miles 0.25 miles 0.25 miles 0.5 miles
250-499 250-499 100-199,000 50-99,999 250-499,000
1.1 miles 1.0 miles 1.0 miles 0.5 miles 1.0 miles
500-1000 DU 500-1000 200,000 + 100-199,000 500-999,000
1.5 miles 1.5 miles 1.5 miles 0.75 miles 1.5 miles
1000 + , 1000 + I 200-399,000 1,000,000 +
1.2 miles 2.0 miles 1.0 miles 2.0 miles
400,000 +
1.5 miles
Source: Planning al.d Dcvc.loplJ1cnt Department, January 1999
Note: GLFA = gross leasable floor area
Sections 21-138 through 21-139 reserved for future use.
Rev. I % I (PoliciesProcedures/LandDevelopmenlCode) XI-II
ARTICLE XII
TELECOMMUNICA TION TOWERS
'-'
SECTION 21-140 - PURPOSE
21-140.01 - Intent. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-1
SECTION 21-141- LOCATION CRITERIA
21-141.01 - Tower Setbacks ........................................... XII-1
21-141.02 - Permitted Tower Locations .................................. XII-2
SECTION 21-142 - SITE DEVELOPMENT CRITERIA
21-142.01 - Lighting ................................................. XII-4
21-142.02 - Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.03 - Construction.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.04 - Multiple Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.05 - Additions/Improvements .................................... XII-4
21-142.06 - Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.07 - Landscaping .............................................. XII-4
21-142.08 - Site ..................................................... XII-5
21-142.09 - Liability ................................................. XII-5
21-142.10 - Lightning Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-5
21-142.11-Fencing.................................................. XII-5
'-> 21-142.12 - Co-Location .............................................. XII-5
SECTION 21-143 - SPECIAL PERMIT PROCESS
21-143.01 - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-6
21-143.02 - Procedures ............................................... XII-6
21-143.03 - Special Permit Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-7
SECTION 21-144 - LOCATION INCENTIVES
21-144.01 - City Owned Property ....................................... XII-7
21-144.02 - Florida Power and Light Right-of-Way. . . . . . . . . . . . . . . . . . . . . . . .. XII-8
21-144.03 - Other Public Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-8
SECTION 21-145 - ANTENNAS ON BUILDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-8
SECTION 21-146 - INSPECTIONS/CERTIFICATIONS. . . . . . . . . . . . . . . . . . .. . . .. XII-9
SECTION 21-147 - ABANDONMENT ..................... . . . . . . . . . . . . . . . . .. XII-9
(.)
Article XII
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Rev. II/Ol (PoliciesProcedures/LandDevelopmentCode)
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SECTION 21-148 - ARTICLE AMENDMENTS VARIANCES AND APPEALS .... XII-9
21-148.01 - Valial1cG ................................................ Xll-lO
21 148.02 PlOCC55 ................................................. XII 10
21 148.03 - AppGa15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Xll-lO
Section 21-149 through 21-159 reserved for future use.
Article XII
-ll-
Rev. 11/01 (PoliciesProcedurcslLandDcvclopmenICode)
ARTICLE XII
TELECOMMUNICA TION TOWERS
o SECTION 21-140 - PURPOSE
21-140.01 - Intent
The purpose of this section is to establish an incentive-based regulatory system for the location of
telecommunication towers so that the maximum level of service is available to users with a
minimum of disruption to residential neighborhoods. The basic philosophy is to 111akc thc dcci5iOll
plOCC55 IIIOIC complex and thc ctltclia toughcl fOI guycd alid latticc tOWCI5 bccau~c tIICy alc mOlc
ae.5thctically annoy ilig thali nloliopok5. encourage the placement of monopole uses and discourage
the use of guyed and lattice towers. The term monopole means a telecommunication tower
consisting of a single pole or spire self supported by a permanent foundation, constructed without
guy wires and ground anchors. The term others means towers that are supported by guyed wires and
lattice towers. The location of telecommunication towers is quasi-judicial in nature and shall be
administered accordingly.
SECTION 21-141- LOCATION CRITERIA
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TIle. te.Il1'l nloliopole nle.ali5 a tckCOlllluunication tOWCI cOli5i5tilig of a ~ingle pole 01 spilc 5cIf
SUPPOI te.d by a pe.Illlanclit foulidation, constItIctcd ~ ithout guy w ilcs and glOund alicIlol5. TIlc tCI III
Otl.cIS IIICal15 tO~CIS that alc 5uppolte.d by gUyed wilcs and latticc tOWC!5. (Moved to 21-140.01
above.)
21-141.01 - Tower Setbacks
a. Table XII-1 bcIow ~Ilows describes the tower setbacks from adjacent parcels designated on
the Future Land Use Map as low density residential (LDR), medium density residential
(MDR), high density residential (HDR) and public right-of-way.
b. Except as provided in Section 21-144, Table XII-1 shows the percentile to be applied to the
proposed tower height to determine the required setback from adjacent property lines. For
example, a 175 foot monopole times the percentile equals 350 feet from a parcel designated
LDR, MDR, HDR in the City's Comprehensive Plan and 87.5 feet from a public road R/W.
c. The setback is measured from the base of the antenna to the nearest property line.
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Rev. 11/01 (PoliciesProcedures/LandDevelopmentCode) XII-l
Table XII.l
Tower Setbacks (% of height)
o
Land Useffower Height <75 > 100 > 125 > 150 > 175 7'-200 -I-
Ft. Ft. Ft. Ft. Ft. Ft.
LDR, MDR, HDR
Monopoles 100 % 100% 125 % 150 % 200% 250 %
Others 110 125 200 200 300 300
Public R/W
Monopoles 25 25 25 25 50 100
Others 125 125 125 150 150 200
Source: Planning & Development Dept., January 1999
21-141.02. Permitted Tower Locations
a. Table. XII-2 plovide5 tIle location elitGlia by PUtUIG Lalid U5e Map GatGgoIY, typG of
eon5tmGtion and height. ThG kttGI P lueali5 tIlG towel i5 pellnitted by Iigllt, only if thG 5itG
devdopnlGnt critGIia plovided ili 5Gctioli 21-142 aIG lllGt. Except M plovidcd ill Scction
21-144, no dG5ignatioli lllGan5 it i5 liOt pGInlitted ili that lalid U5e categolY.
(..)
b.
TIle le.tteI X 11leali5 thG locatioll mU5t havG a 5pecial pGIl11it, i.e., a public lleaIing by tIle P&Z
and a 5ecolid public h"aling by City COtlllc11. The ktteI L l11(,a115 "vidGlice of a lease fIOlu
tIle plOpGI ty ow liGI i5 I cquil cd pliOI to i55ualicG of a building p"Il1li t.
a. Towers intended for non-personal uses are not permitted in the Low Density R, MDR and
Conservation Future Land Use (FLU) categories. Tower locations in all other FLU
categories. regardless of height. will require a special permit. i.e.. a public hearing by the
P&Z and a public hearing by City Council.
b. Towers intended for personal uses shall not exceed the height limit in its respective zoning
district. per Table V-I.
c. The height of the tower shall be measured from the crown of the nearest public road to the
top of the tower, whether a stand alone tower or attached to another structure. All towers
shall be designed to blend into the character of the adjacent parcels and be as unobtrusive as
possible. A graphic demonstration may be necessary in this regard.
d.
Q de.
e[
Telecommunication towers shall not exceed 200 feet in height.
All towers existing on the effective date of this Code shall become legal nonconforming uses.
Temporary towers may be erected when associated with a Special Use Permit issued by the
City.
Rev. 11/01 (PoliciesProccdures/LandDevelopmentCode) XII-2
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Table XII-2
Teleconuuunication Towel Location
I;;:~~i~ <:75- 7"tOO 7"tZ5 7"t5f) 7Tt5 / 200 +
Ft Ft Ft Ft Ft Ft
PUtUlG Lal1d Usc Map
Public Semi-Public
Monopolell P P P P * *
OtllCIll *I:; *I:; *I:; *I:; *I:; *I:;
Low Density Resid.
Monopolell P P P * * *
OtllClll no no no no no no
Med. Density Resid.
MOl1opolell P P P * * *
OthcH no no no no no no
~~. . ~ . -no . ,
.n.II;"lU.
MOl1opolell P P P * * *
Other no no no no no no
Commel dal
Monopolell P P P P P *
Othcr 11 P P * * * *
Reo eational
Monopolell P p P P * *
Othcr 11 *I:; *I:; *I:; *I:; *I:; *I:;
Cons en ation Aericultural
MOl1opolell * * * * * *
Other 11 * * * * * *
IndustI ial
Monopolell P P P P P P
Othull P P P P P P
Plal1ncd llldulltl ial
MOl1opolcll P P P P P P
Othclll P P P P P P
Source. Plal1l1il1g & Devdopnlent Dept., Jal1Ualy 1999
TcleCOlilluUllicatiol1 TowcI1l1l1lalll1ot exceed 200 ["Get ill height.
Rev. 11/01 (PoliciesProcedures/LandDevclopmentCodc) XII-3
SECTION 21-142 - SITE DEVELOPMENT CRITERIA
21-142.01 - Lighting
u
Towers shall not be artificially lighted except as required by the Federal Aviation Administration.
21-142.02 - Painting
Towers not requiring FAA painting/marking shall have either a galvanized finish or painted a
non-contrasting blue, gray, or black finish.
21-142.03 - Construction
Towers shall be constructed to the EIAffIA 222-E Standards, as amended from time to time, ASCE
7-95, "Minimum Design Load for Buildings and Structures," (Wind Loads Chapter), as published
by the American Society of Civil Engineers, and further defined by ASCE 7-88, Guide to the Use
of the Wind Load Provisions," both which may be amended from time to time; all City of Edgewater
construction/building codes; and signed and sealed by a Florida licensed Professional Engineer.
21-142.04 - Multiple Use
U All telecommunication towers shall be designed to accommodate at least two (2) antennas.
21-142.05 - Additions/Improvements
Any additions to existing towers shall require construction plans, signed and sealed by a Civil
Engineer which demonstrate compliance with the EIT/TIA 222 Standards in effect at the time of said
improvement or addition.
21-142.06 - Signage
No commercial signage or advertising shall be permitted on a communication tower. The use of any
portion of a tower or perimeter fence/wall for signs or advertising purposes, including company
name, banners, etc., shall be prohibited.
21-142.07 - Landscaping
New tower sites locatcd on a palcd dGsigllatGd as Public, LDR, MDR, RR 01 AG shall provide a
landscape plan which conforms to the following criteria:
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a.
Landscaping shall be installed outside the fences;
Rev. 11/01 (PoliciesProcedureslLandDevelopmenICode) XII-4
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b. Existing vegetation shall be used to the maxImum extent possible In meeting these
requirements;
c.
Shade trees shall be planted around the outside of the fence sufficient height and density to
obscure the barbed wire around the top of the fence in two years.
d. Shrubbery shall be planted around the outside of the fence of sufficient height and density
to obscure the bottom four feet (4') of the fence within three (3) years.
e. All landscaping shall be drought tolerant (xeriscape) or be irrigated.
f. All landscaping shall be properly maintained to ensure good health and viability.
g. The prohibited vegetation described in Article V, Table~ v-==f V-2 and V-6 shall not be used
for landscaping tower sites.
21-142.08 - Site
A monopole site shall be limited to 2500 square feet, no more than 500 square feet of which may
occupied by the equipment building.
21-142.09 - Liability
All towers shall be covered by liability insurance to cover any damage to adjacent property or
personal injury resulting from its operations. The City shall be held harmless in such cases.
21-142.10 - Lightning Protection
In order to protect adjacent structures from lightening strikes, all tower sites shall be grounded by
grounding rods and buried cable and shall provide a minimum 45 degree cone of protection from the
top of the tower to the ground.
21-142.11 - Fencing
All tower sites shall be surrounded by an eight foot (8') high chain link fence with a triple strand of
barbed wire and a locked access gate.
21-142.12 - Co-Location
All building permit applications shall include evidence that the applicant has made diligent, even if
unsuccessful efforts to co-locate its antenna on an existing structure within the applicant's design
search area. Such evidence may include, but is not limited to, at least two (2) other service
providers, and/or a notarized sworn statement from the applicant to the effect that diligent efforts
have been made in this regard.
Rev. 11/01 (PoliciesProcedures/LandDevelopmentCode) XII-S
SECTION 21-143 - SPECIAL PERMIT PROCESS
21-143.01 - Intent
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This section describes the review process and criteria for reviewing proposed tower locations
depicted in Table XII-l as requiring a special permit process. Applicallt5 fOI towcllocatiol1s subjcct
to this pi OCC55 511all (,0l1fOlll1 to tllC plO(,cdtl1C5 and cIitcIia dC5CI ibcd bdo t'v.
21-143.02 - Procedures
a. An applicant shall submit an a site plan application 011 fOllll5 dCvdopcd, and pCtiodically
anlclldcd, by tllC rlal1l1ing & DcvclopnlGllt Dcpaltnlcnt (rDD), along with a fcc. to the
Planning Department with the appropriate review fee.
b. At a minimum, the application shall include:
1.
2.
3.
'-.) 4.
5.
6.
7.
9-8.
Name, address, phone number and fax number of the applicant's company and
contact person.
The signature of the property owner, or written authorization for the applicant to
submit the application and a copy of the lease.
A legal description and boundary survey for the subject site and its latitude and
longitude.
The type and height of the tower.
A landscape plan where required.
FAA and/or FCC number as may be applicable.
An ownership of encumbrance report for the subiect propertv.
Other such information as deemed necessary.
c. The PBB staff shall prepare a written report analyzing the pertinent factors involved and the
criteria described in Section 21-143.02 and transmit the report to the applicant and the
Planning and Zoning Board (P&Z) no k55 than sCvcn (7) daY5 pliot to tllC hcaIil1g at wllich
thc application will bc con5idctcd.
d. The P&Z will conduct a public hearing pursuant to the notice requirements for a Conditional
Use Permit described in Table IX-I.
e. At completion of the P&Z action, the application shall be scheduled for a City Council public
hearing pUtSUallt to thc noticc IcquilCIIICllt5 f'Ol a COl1ditional Usc PClll1it in Table IX-I.
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f.
The staff report and recommendations, including the P&Z action and public hearing input
will be transmitted to the applicant and the City Council no le55 tllall SCvCIl (7) days pi iot to
tk Ilc,uil1g at wllich tllC tlla:ttcl will bc considClcd.
g. A decision of the City Council regarding telecommunication towers may be appealed to a
court of competent jurisdiction.
Rev. 11/0] (PoliciesProcedureslLandDevelopmentCode) XII-6
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h. The decisions by the P&Z and the City Council shall be based on competent substantial
evidence pursuant to the requirements of Section 704 (a) iii of the Telecommunications Act
of 1996.
21-143.03 - Special Permit Criteria
The applicant shall be required to submit competent substantial information to allow the staff to
evaluate the following criteria in the preparation of their recommendations:
a. The location of the proposed tower to any other tower within two thousand feet (2,000').
b. Identify the attempts to utilize existing land uses within the applicant's search area to mitigate
visual impacts between the proposed tower and the adjacent land uses within the applicant's
search area.
c. The applicant shall demonstrate how the on-site location of the proposed tower maximizes
the use of site orientation in order to minimize adverse visual impacts to any adjacent land
uses.
d.
The applicant shall submit information concerning proposed plans to mitigate impacts
associated with the proposed tower and adjacent land uses. Mitigation plans may include,
but are not limited to, the utilization of compatible support structures in relation to other
existing similar structures, the use of camouflaged communications facilities, and the use of
landscaping, screening walls, berms and streetscapes.
e. Such evidence may include, but is not limited to, photographs, videotape and a written visual
impact assessment which demonstrate how the proposed tower location minimizes adverse
impacts.
SECTION 21-144 - TOWER LOCATION INCENTIVES
21-144.01 - City Owned Property
The following incentives are offered for the location of antennas and/or towers:
a. An antenna may locate on any City-owned property upon execution of a lease without
complying with the process described in Table Xll-l Sec. 21-141.02. The setback
restrictions in Table XII-zI shall apply, unless an antenna is located on a City water tower.
b.
A proposed lease for use of City property shall be considered by the City Council at its next
available nleGling a[tcl its SUblllissiOlI by an applical1t.
Rev. 11/01 (PoliciesProcedures/LandDevelopmentCode) XII-7
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21-144.02 - Florida Power & Light (FPL) Right-of-Way
a.
Antennas may be attached to any FPL transmission line pole upon evidence of a lease
agreement with FPL and approval of the construction plans by the City Building Official.
b. Monopole towers may located within any FPL transmission-tine right -of-way ~ ithont I Ggal d
f'Ol tile. sc.tbacks de.se.Iibe.d ill Table. Xll-2 in accordance with Sec. 21-141.02 upon evidence
of a lease agreement with FPL and appleval of tile. constltlction plal1s by tI.c. Cit} Dnildil1g
Official.
c. Lattice and guyed towers shall be prohibited in FPL right-of-way.
21-144.03 - Other Public Property
For the purposes of this section, other public property shall mean any property owned by any public
agency or body, other than the City.
a. The applicant shall provide evidence that the respective public agency or body has agreed to
a lease.
b.
An antenna may locate on other public property upon execution of a lease ~ Wlent celupl} il1g
w itll plOCe.SS de.scIibe.d in Table. XII-I.
c. The setback restrictions in Table Xll-zI shall apply, unless an antenna is located on an
existing structure.
SECTION 21-145 - ANTENNAS ON BUILDINGS
Antennas not attached to towers shall conform to the following criteria:
a. Antennas may not extend more than twenty feet (20') above the highest point of a roof,
unless public safety demands clearly demonstrate otherwise.
b. Antennas and related equipment buildings will be located or screened to minimize the visual
impact of the antenna upon adjacent properties and will be of a material or color which
matches the exterior of the building or structure upon which it is situated.
c. No commercial advertising will be allowed on an antenna.
d.
No signals, lights, illumination shall be permitted on an antenna or equipment building,
unless required by the Federal Communications Commission (FCC) or the Federal Aviation
Administration (FAA).
e. Any related unmanned equipment building shall not contain more than 750 square feet of
gross floor area, or be more than twelve feet (12') in height.
Rev. 11/01 (PolicicsProccdurcs/LandDevclopmentCode) XII-8
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f. If the equipment building is located on the roof of the building, the area of the equipment
building shall not occupy more than twenty-five percent (25%) of the roof area.
SECTION 21-146 - INSPECTIONS/CERTIFICATIONS
a. Tower owners/operators shall submit to the Inspection Division a certified statement from
a qualified, registered, Professional Engineer, licensed in the State of Florida, attesting to the
structural and electrical integrity of the tower on the following schedule:
1. monopole towers - every 5 years;
2. any other type towers - every 2 years.
b. Prior to receiving final inspection by the Edgewater Building Division, documented
certification shall be submitted to the FCC, with copy to the City Planning DilcctOl Official,
certifying that the communication facility complies with all current FCC regulations for
non-ionizing electromagnetic radiation (NIER).
SECTION 21-147 - ABANDONMENT
a.
In the event the use of any Tower has been discontinued for a period of one hundred eighty
(180) consecutive days, the tower shall be deemed to be abandoned.
b. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90)
days within which to either reactivate the use of the tower or transfer the tower to another
owner/ operator who makes actual use of the tower, or dismantle and remove the tower.
c. In order to ensure each abandoned tower is removed, a $10,000 dollar performance bond
shall be posted prior to issuance of a building permit.
d. The City may declare any abandoned telecommunication tower a nuisance per se and cause
its removal pursuant to the provisions of the City Code.
SECTION 21-148 - ARTICLE AMENDMENTS VARIANCES AND APPEALS
21-148.01 - Valiance
No applieatiol1 f-ol any valiance to ally Icquilcl1lcnt of Altielc XII sllall be acccptcd by tile City.
Applications for an appeal or variance shall be submitted in accordance to Article 1.
21-148.02 - PIOcess
Tile only IIIGtllod fOI c1lallgillg all) IcquilCll1el1t of Altick XII is by COlllpktillg the f"OlIllal LDC
anlclldlllcllt ploeess deselibcd ill Altiek 21-94, inc1udillg tllC plc!>clltatioll alld eOllsidelatiol1 of
Rev. 11/01 (PoliciesProcedures/LandDevelopmentCode) XII-9
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COlllpGtellt substalltial evidence M lequiled by SectiOlI 704 (a) iii of tile Telccollllllunication Act of
t9%:-
21-148.03 - Appeal5
An} decisiOlI of tile City Coul1cil Iegardil1g cIlal1ges to tk lequilel11ents of tllis Altick 111ay be
appealed to a COUI t of eor/1petGl1t jtll isdictiol1.
Sections 21-149 through 21-159 reserved for future use.
Rcv. 11/01 (PolicicsProccdurcs/LandDcvclopmcntCodc)XIl-1 0
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AGENDA REQUEST
Date: December 3.2001
PUBLIC
HEARING X
RESOLUTION
OTHER
BUSINESS
ORDINANCE X
CONSENT
CORRESPONDENCE
Ordinance No. 2001-0-77
Repealing Chapter 19.5 (Vehicles for Hire) in its entirety and
adopting a new Chapter 19.5 (Vehicles for Hire)
BACKGROUND:
Chapter 19.5 (Vehicles for Hire) has not been modified since it was enacted by Ordinance #80-0-52
in June of 1980. Upon recent review ofthe existing Code it was determined that the language and
requirements should be modified to reflect current conditions and requirements for this type of
business.
Ordinance #2001-0-77 repeals the old language reflected in the Code of Ordinances and restates
Chapter 19.5 (Vehicles for Hire) with the new and up-to-date requirements.
ST AFF RECOMMENDATION:
Staff recommends approval of Ordinance #2001-0-77 which repeals Chapter 19.5 (Vehicles for
Hire) in its entirety and adopting a new Chapter 19.5 (Vehicles for Hire) by establishing new
requirements and procedures.
ACTION REOUESTED:
Motion to approve Ordinance #2001-0-77.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
C7bb~rn~r:~,,~ ~~~ ~ ~\ )----
Robin Matusick Kenneth R. Hooper , ~
Legal Assistant City Manager
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ORDINANCE NO. 2001-0-77
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AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; REPEALING CHAPTER 19.5 (VEHICLES FOR
HIRE IN ITS ENTIRETY ADOPTING A NEW CHAPTER 19.5
(VEHICLES FOR HIRE), PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 19.5 (Vehicles for Hire) of the Code of Ordinances was enacted in
June of 1980; and
WHEREAS, in order to update the Code with respect to Vehicles for Hire, the City desires
to adopt this ordinance to enact a new Chapter 19.5 relating to Vehicles for Hire.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
REPEAL OF CHAPTER 19.5 (VEHICLES FOR HIRE) OF
THE CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA.
Chapter 19.5 of the Code of Ordinances is hereby repealed in its entirety and a new Chapter 19.5
is hereby adopted:
Chapter 19-5
VEHICLES FOR HIRE
ARTICLE I. IN GENERAL
See. 19.5-1. Definitions.
fOl the pm pose ofthis at tiele, the following WOlds and plllases shall have the lllcanings lespeGti vel)'
asCI ibcd to then1.
StlUck tl.IOUgl. passages are deleted.
Underlined passages are added.
2001-0-77
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C~/lifi(ale. A ccrtificatc of public convenicncc and ncccssity issucd tile by tk city cOUllcil,
authql iz;ing thc holdcr thCl cof to conduGt a taxicab busincss within the city.
C, ui,5ing. ClUising means thc driving ofa taxie.ab on the. strcets, alleys, O! public placcs ofthc city
in search of, 01 soliciting plOspce.tivc passcngCls fO! hirc.
Decal. The official decal issued by the Ghid of policc for e.ach taxicab authol ized by a CCl tifieatc
of public convenicnce and necessity. The taxicab must be properly outfitted, paihted and pass
ihspection before. a dccal may be issued.
DI ;vel. One who dri ves a taxicab.
DI ivel ',5 pel mil. The. written authority granted by the chief of police. pUlsuant to the plOvisions of
this article to any person to dri ve a taxie.ab upon the public streets of the. e.ity.
IIoldel. The persoll 01 cO!p01ation to whom a certificate has been issued under this article.
Occupational licell.5e. The license issued pmsuant to Chapter 11 of this Code for the. pUl pose of
carry ing on a business within the city.
OpelalO1. Any individual who physiGally drives a vehicle for hire upon, over or along tIIC
tlloroughfares ofthc city.
Taxicab. Any lllotor-dri ven vchicle for thc tlansportatioll of passengers for hire arId which is
operated within the city, except cars licensed for rental without drivcl, moto! buses operated by the
city 01 other taxing authority or pUlsuarlt to a franchise. authorizing the operation thereof and
vehicles operated pUlsuant thereto, or e.ertifie.ates flom the public ser vice commission.
Taximetel. A meter instlUment 01 device attaclled to a taxicab which meaSUles rheellanically tk
distance arId the waiting time upon whiGh the farc. is based.
Ta dlil1e a taxicab. To be physically in c.ontrol of a taxie.ab whether or not such taxicab be ih
motion, whcn such taxie.ab is bcing used for, or is available or ready to be used fO!, tll\~ carry ihg of
passengels for hirc.
Ta apel ate aile al mOl e taxicabs. To Gause taxicabs which arc under one's ownership O! eOlitrol to
be opo ated, wither by himself or by somcone undcl his dir ee.tion or super vision, fOl the pUl pose 0 f
eallying passengers fOl hile within the city.
WCliiing l;me. The time when a taxicab is not in motion frorh the time of aceeptahee of a passehger
or passcngers to the. time of discharge, but doe.s not include arl)' time that the taxicab is hot ih nlotioli
if due to arlY cause. othcr thah the request, act or fault of a passenger O! passengers.
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Sec. 19.5-2. Dliv el, opeutol distinguished.
See. 19.5-4. Use of taxicabs flH pm poses of pi o~titution.
It is unlawful for eithel the dri vel or operato! of a taxicab opelCtlcd in the city to pelmit any person
to oec.upy 01 use such taxicab for the pm pose. ofpIOstitution, kwdness, or assignation, or to direct,
take., or transport, 01 to offer O! agre.e. to direc.t, take 01 hansport any otllu person with kllowkdge
01 leasonabk e.ause. to believe that the pm pose. of such di1e.cting, taking or transpmiing is fO! the
pmposc of prostitution, kwdness 01 assignation.
See. 19.5-5. OpeutoH and dlivel s to I epol t suspicious pel son, thing~, etc.. to police
depal tment.
In return fm the pIi v ilege of operating taxic.abs on eity stl eets, e vel)' per son holding eithel an
Ope.lat01' s of dri vel's pelmit shall report promptly to the polie.e. department any suspicious pc.rSOl1,
thing, 01 ac.t whom 01 whie.h he. may obser ve, regardless of whethe.l 01 not suc.h person, thing or act
obsu ve.d inside 01 outside of any taxicab which such opGrator O! dri vcr was opGlating 01 dli v ing.
Sec. 19.5-6. Occupationallicellses I equi! ed fOI business.
It is unlawful fO! nay pcrson to GngagG in the busine.ss of ope.rating a taxicab within the. city limits
without first having obtained an occ.upationallicGnsG for from the city elGrk as required by Cllapter
11 of this Code.
See. 19.5-7. CI uising pi ohibited.
Taxicabs sllall not ('lUise. the stlec.ts 01 roadways of the. city in s(,a!ch of passcngels of fOl the
pm pose of soliciting businGss.
See. 19.5-8. 'llhen CI uising, pick-up alld di~dlal ge of passengel s pellllitted.
At any time that the bus systcm providing bus S(,1 vi(,(, tIuoughout tIle (,ity fails to opel ate 01 in the
evelit that a general ('IllGIgcnc.y situation (,xists within the city, the. (,ity eoun(,il shall have the.
autIlm ity to suspc.nd tIle prollibitioliS against (,1 uisilig alid l(,stri(,tions on reeci v ing and dischargilig
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passengels contained in this article.
Scc. 19.5-9. Condition, maintcnancc, inspection of taxicab~.
(a)
All taxicabs sllall be kept in a clean, sanitary and safe mechanical conditiol1, at all timcs.
(b) Each taxicab which lias a decal shall be inspected in accoldancc with ChaptcI 325, rlOJida
Statutes, by an authOJ ized inspection station of the rlolida Departmwt of I1igh way Sakty and
Motol V chicles. PlOof of successful cOl1lpletion of the inspection shall be gi yen to the dlief of
police of the city. Any person opelating a taxicab that lias not been inspecte.d as requiled by law
shall be in v iolation of this Code.
Sec. 19.5-10. Identification of taxicabs, decals.
(a) It shall be. unlawful for any pcrson to dIive a taxie.ab upon the shects of the dtJ unless the
name. of the opcrat01 thcleof, 01 the hade name undel which the taxicab is operated, shall be
eOl1spicuously paintGd in eonhasting colors on both flOnt doors of each vchicle in Icttcrs not less
than tInee (3) inches in height. Each v chicle should also contain the business address and tclephol1e
nU111bel of the operat01.
(b) Each certificate 1101de.r shall use a COlO1 sche.me for his vehides sufficient to distinguish tho11
flOm the taxicabs of all otl1e.1 certificate holde.ls ope.ratihg in the eity and sufficicnt to distihguisll
them fr om othel taxicabs of the. sanK cel tifieate lloldel opel ating in an al ea within a ten (10) nlile
ladius of the dry limits. ColOJ scheme.s in existence as of the. date of this chaptel shall be apploved
plO v ided they 111eetthe 1 equil ements of this see.tion. The chief of police shall applO ve colol scllemes
PurSUallt to this se.ction.
(c) After a certificate holder has acquiled a vehicle to be used as a taxieab, has it painted,
outfitted with a taximeter, inspected by the police depaltment, submitted the. requiled insmane.e
policies and paid the required occupationallice.nse fees, the chief of police, upon pay ment of a ten-
dollal fee may issue a decal auth01iz:ing the vchide to be opelated upon the city sheets. No vehide
Illay be used as a taxicab without a decal. Whenevel a vehide is tladed, wrecked 01 eeases to
opo ate as a taxicab, the chief of police. shall cause the de.cal to be I emo v cd.
Sec. 19.5-11. Daily manifest.
(a) Each taxicab dlivel shall maintain a daily manife.st upon whidl all trips ale lecolded,
sho wing time. and place of 01 igin, tl.c de.stination and the anlount of fal G. COlllpkted daily 111anifests
sllall be I etml1ed to tile opel atol by tile dl i vel at tl.c cOl1dusion ofllis tom of duty. The OpCI atOJ and
dl i vel sllall nlake available the manifests to leplesentati ves oftlle chief of police upon denland. Tile
fOl111S fOl eaell manikst shall be fm nislled to tile dl i vCI by tile opelatol and sllall be of a dial aetel
applo ved by the chief of police.
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(b) [vel Y lloldel of a cel tificate of public con v cnienc.c and necessity shall 1 etaih and pI eSCl ve
all dl i v CIS lllallifcsts in a sa&. place fO! at least the ealendal yeal preceding the CUll ent ealendal yeal.
SUdl lllahifests sllall be made available to the chid of police 01 allY of his leplesentati ves upon
lequest.
See 19.5-12. Opel atols to I epol t change in "ehides.
VvlKnevU all opcratol proposes to change any moto! vehicle uscd in the opelation of his taxicab
business he shall 1 cpoft to the chid of policc gi v ing thc infol mation r equil cd in the application. No
taxicab shall bc sold, traded, 01 abandoncd with a taxicab dceal thercon.
Sec. 19.5-13. Numbel ing and issuance of decals EOI taxicabs to be opelated by pellllittees.
license nUlnbels to be displayed.
A puson holding a permit to opelate a ccrtain numbcr of taxicabs must keep that numbcl of taxicabs
in opClation, cxcept when the nllnlbcr of such taxicabs is lcduced because of rcpails or
lcplaccmcnts. PrOvided, howevel, that the chief of police may, in his disuetion, give Mitten
pel mission to any operato! to discontinue operation of one or morc taxicabs EOl a limited period of
time, due to business conditions 01 other good reasons. Decals shall bc removed from any taxicab
wkn it discontinues operations as heleby permitted. A failme to opel ate the numbel of taxicabs
authorized by a certificate of convenience and necessity shall, except to the extent to which such
failme is permitted by thc tellus of this scction, be grounds for the rcvocation of such cCltifieatc, in
whole 01 in part.
Sec. 19.5-14. Decal and numbel assignment.
The dlid of police, upon pay ment of tIle pI escl ibcd fee shall assign a numbel alld dceal fO! eadl
autIlolized taxicab and cach numbel shall bc conspicuously displaycd on the lCal window of the
assigned vehicle.
Sec. 19.5-15. Public liability insUl ance I equil ed.
(a) No peHon shall opel ate 01 dli ve a taxicab O! pC11nit the same to be dri vcn 01 opelated on the
sheets o[the city unless the ownCl 01 opclatol thercofshall first have plocUled alld filed with thc
city clerk a liability insUlallec policy 01 policies, the telms and conditions thcleof shall plO v ide
plOtection fOl all pusons suffeling injury, 1055 01 danlage to person O! to plOperty by reason oftlIe
opelation of any taxicab.
(b) [very such insUlance policy shall be offo11n alld substance apploved by the city attOlncy,
and shall be executed by all insurancc eOl1lpany authorized to do busincss in thc state. TlIe policy
sllall be in the pehal sum of hot less thah twenty -fi ve thOUSalld dollals ($25,000.00) fO! ihjury 01
deatll to ahY OhC puson, fifty tIlousand dollars ($50,000.00) fOl injUlj 01 deatll to all pClSOhS caused
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by ally one aeeidGllt, and tGIl thousalld dollals ($10,000.00) f'Ol danlage to propelty lesulting fl0111
allY one accident and each of these policies shall remain ill full force and sllall be ulldinlillislIcd
during the effective period oftlIc insurallcG.
(c) EvelY such insurallCe policy shall contain a provision whereby evcry company exccutil1g thc
same sllall obligate itself to notit) the city elerk in wIiting a least thirty (30) day s bef'Ole any
altelation, modification or cancellation of SUcll policy is to become effecti vC.
(d) No dccal shall be issued to opel ate a taxicab until a CUll GIlt liability inSU1al1ce policy is filed
with the city elelk and failure of the owner 01 opelatol of such taxicab to procure alld keep on file
with the city elcrk at all times a CUlIent liabilitJ insmance policy in the penal sums aforcsaid sllall
be grounds fol the revocation 01 suspension of the opcrator's decal and occupationallicensc by the
city elerk, fol such taxicab, and the ccrtificate of convenience and neccssiry in whole or in part.
See. 19.5-16. Taximetel I eqniI ed.
All taxicabs operated under the authoIiry of this article shall be equippcd with taximetels fastened
in flOnt of the passengcrs, visible to them at all times, both day arld night. Aftcr sundown, the fact
of the taximeter shall bc illtnninatcd. The taximetcr shall be operated mechallically by a mechanism
of starldald design and constlUction, dliven withcr fIom the transmission 01 flOm one of the frollt
whcels by a flexible and permanently attached dri ving mechanism. They shall be scaled at all points
and connections which, if manipulated, would affect thc.ir COIIect reading and recording. Each
taximeter shall have thereon a flag to denote when the vehicle is cmployed arld when it is not
employed, and it shall bc the duty of the dri vcr to throw the flag of such taximetcr into a non-
lecording position at the termination of each trip. Taximetels shall be subject to inspection, from
time to time, by thc chief of police or his designee. The chief of police or llis designee is hereby
authorized either on complaint of nay perSOll or without such complaint to inspect allY mete 1 alld,
UpOl1 discovery of any inaccmacy thelcin, to notify the person opclating said taxicab to cease
operation. Thcreupon the taxicab shall be kept off the highway until the taximeter is rcpailed and
in the required working condition. Tile taximeters plOvided for herein shall be, set so as to registel
such rate,s as may, from timc to timc, bc cstablishe,d by the city council.
See 19.5-17. Rates, fal e~ "lid thai ges fOI taxicabs Geneully.
Tllc lates, fares and chargcs to be, e,hargcd by taxicabs by virtue. of and pursuant to metels fOl the
tlansportation ofpassenge,rs shall be as follows.
(1) fifty cents ($0.50) for the first oue.-sixth of mile 01 part the,reof alld ten eellts ($0.10) for
eae,h additional one-sixth mile or pal t there.of, plus twc;nty-fi ve. cents ($0.25) for eaell
additional passe.llge.l gOillg to the. same dcstination.
(2)
fifty CGIlts ($0.50) for tlIc filst onc millute of waitillg time or any par t tlIclcof, plus tell cellts
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($0.10) EO! each additional one 111inute waiting time.. A 111aximum dlalge of tell dollals
($10.00) shall be made fin each one hOUl of waiting time..
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(J)
The following 111aximum charge IlIa)' be made fal the. tlanspoltation of baggage.
(1) One dollal ($!.OO) fOI footloekGls.
(2) Two dollals ($2.00) fal tlUnks.
(4) In tk event a taxicab within the meaning oftllis dlaptGl shall desile to set a late 01 lates fO!
the co111pkte dlalge to be made in the calliage ofa passengel between allY two (2) 01 mOle
fixed and definitG points, then and ill that event such a chalge shall be computed upon the
basis of the lates herein set f'Crih in palagraph (1) alld (2) of this see.tion.
(5) The time EO! which a taxie.ab shall e.halge fol its ser vice shall begin with the ani val of such
taxie.ab at the plae.e. to whieh it has been calkd.
(G) Houdy ratGS within the city limits shall be ten dollals ($10.00) pe.l hOUl.
See. 19.5-18. Same-Posting.
Rates shall be posted alld in typc suffie.iently lalge so that the)' may be. Icad by passengels while
sitting in thc scats Plovided fOI passcngels.
U See. 19.5-19. Additional passengel ~ 1 esh ided.
Additional passcngers, 01 groups tiding, may be. pe.rmitte.d ollly as dile.e.ted by the paSSGllgGl filst
engaging a taxi Gab.
See. 19.5-20. Maximum numbel of pa55engel5.
No taxie.ab shall be operated when tIlere ale mOle than tInee (J) persons in the flont seat theleof, nOl
Wkll thele alC more persons thclein than for whie.h sue.h taxie.ab was designed and equipped.
See. 19.5-21. Issuanc.e of fal e 1 eceipts upon 1 eque5t, contents.
It slla11 be the duty of cae.h dIivel to give a lee.c.ipt fOJ fales when lequested by any pa,5,5engel,
5110 wing the fale colketcd, the point of departUle and alii val and the numbel of passellgels e.alIied
and included in sudl fale.
Sec. 19.5-22. Pick-up and dischal ge of pa5sengel5 geneully.
o
Taxicabs shall not ree.c.ive 01 disehalge passengcIs in the stIeG! 01 loadway except at thc extlenlC
light-hand side 01 the loadway nealest the sidewalk 01 side of lOadway, cxeept upon OIlC-Way
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stl cets.
See. 19.5-23. Collec.ting fal e5, pic.k-up 01 di5c.hal ging pa55engel ~ n hile c.ab in motion.
No drivcl shall collee.! fares, make change, take Oll 01 discharge passengers while his taxicab is in
motion.
See.. 19.5-24. Refu5al to take Ilassengel ~.
No dli vCl shalllcfuse to accept any passenger fOl transportation within the city limits of the city
unless such passengel is drunk or disorderly or such ploposcd trip is cvidently fol illegal 01 immolal
pmposcs or other wise eontral) to the terms of this al1icle, but any dri ver may requile that the fale
be paid in advance.
Sec. 19.5-25. 'libel e pa55engels to Jide.
No operator 01 dri vcr of allY taxicab shall permit any passenger to ride in any place in 01 on his
taxicab cxcept on thc regulal scats of such taxicab.
Sec.. 19.5-26. Place of busineM.
All certificate holders shall be required to maintain a place of business within the city from which
to conduct their operations, pursuant to the certificate. The place of business shall be in a perll1allCnt
structme and shall be located in a zoning dishiet within the city whcre such use is permitted.
See. 19.5-27. Renting lchides 01 hOlse5, in5uJanc.e pi el equi5ite to i5suance oflic.en5e.
No occupationallicensc shall be issued by tllC city to my person for engaging in the business of
renting nlotol vehicles, motol scooters or hOlSCS unless such appliemt for such occupatiollallicellse
shall secure a public liability and property. damage insurance policy of not less than twenty-fi ve
thousalld dollars ($25,000.00) for injury 01 death to allY one person, fiit} thotlsalld dollars
($50,000.00) fOl ihjury or death to all pelsons caused by anyone accident, and ten thousalld dollars
($10,000.00) for danlage to property resulting from anyone accident arId each of these policies shall
lcmain in full folee alId shall be undiminished dUIing the cffccti ve period of such insurance. A
certificate of such inSUIal1CC shall be filed with the city clerk. The lapsing or eanccllation of such
insmance shall automatically Called or suspend such occupation license theletofnre issucd.
ARTICLE II. DRIVER'S PERMIT
See.. 19.5-28. RequiI cd.
'-> It sllall be unlawful fOl any person to dl i ve a taxicab fOl llirc ill the city UhleSS SUcll pel SOli sllalllla vC
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fil st obtained flOIlI the chid of police a taxicab dl i vel'S pellilit.
See:. 19.5-29. Qualir..cation~.
Any person who has lesided continuously ill the county fOI not k.ss than six (G) nlonths immediately
plecedil1g the making pf all application f'Or a dIi vO' 5 pelluit and being eighteen (18) j eMS of age
or 0 vel may nlake application to the chicf of policc fol a taxicab dr i v CI ' S pelluit.
See:. 19.5-30. Fingel pi iHt~ and photogl aphs of applicant~.
Thc police dcpartment shall causc fingerprinting MId photoglaphing of applicants for a dr i vCI ' S
pCllnit al1d shall kcep these 011 file in theil officc.
Sec. 19.5-31. hne~tigation.
The chief of policc shall cause Ml investigation to be made to determine fitness orthe applicMlt fOI
a pellnit requiled by this article. Conviction of crimes involving moral turpitudc MId bcing a
habitual violator oflaws or oldinances shall be glounds to deny a permit. Thc chid of police shall
administcl a uniform test to applicants on the plO visions of this chapter and of the traffic ordinances,
laws, mles and legulations.
Sec. 19.5-32. Physical examination and I epO} t pi el equisites to issuance.
(a) Every applicant for a dliver's pcrmit shall submit himsclfto S0111e physical practicing and
maintaining MI office in the eouIlty to detclluinc whetho 01 not such applicant is suffcring from a
contagious 01 communieabk. disease and w hethel or not such applicant has MIY defect 01 imp ail mcnt
of vision 01 hec11ing or otl1el physical impailluent which would render him incapable of dliving a
motor vehiek. safely.
(b) The lepolt of the physieiMlshall be submitted with the application for a dIivcr's peIlllit.
(c) Thc chid of police may Plcscribc fol111s on whicll such lepOlts shall be submittcd.
See:. 19.5-33. Police I ecol d of applicant.
EvclY applicant fol a dri vCl' 5 permit shall furnish thc chief of police a statcmcnt undel oatllleeiting
whcthcI 01 not thc applicant has CvCI bccn convictcd of a fdony 01 convicted of dliving a 1110tOl
vchiclc while undcI thc ild1.ucnce of intoxicating liquOl 01 dlUgS, and, if 50, thc sWOlll statcnlCl1t
sllalllccitc thc dctails of cacll such conviction. It shall be unlawful fO! any puson to fUlllish any
false ilifolluatioli in aliY such sWOlll statcnlcnt and sllall be glOunds f'Ol deliial of a dri vCI' 5 pCllllit.
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Scc. 19.4-34. Application fcc~.
Application ful a dr i v CI 's pe.lll1it shall be. aCGOmpallie.d by a fce. of tell dollals ($10 .00).
U Sce. 19.5-35. hsuallcc and contents of pellHits.
It shall be. the. duty of the. e.hid of polie.y if tlle. applie.ant fm a dl i ve.l' S pe.Illlit be. a pGIson of good
mOl al char aetel and fitncss and possesses suffie.ient kIlO w le.dge of the. pi 0 visions ofthis e.hapte.l and
of the traffic oldinance, laws, I uks arId rcgulations of the dty whe.n tho applicarlt has complied witll
the pro visions of this article, to issue to SUcll poson a dri ve.r' s pcrmit, which pomit sllall be. SighCd
by the e.ity ekrk arId shall bear the llarlle, address, sex, color, age., signatUlc, rcce.nt profik arId full
fae.e. photograph and fingelplints orthe. applie.ant. Applie.ant sllall have. a valid Plorida chauffwr '5
license..
Sec. 19.5-36. Duution, I enewal of pel mits.
All drive.r's permits shall expire. on September 30 of e.aeh e.akndar ye.ar, UlIkss sooncr rcvoked or
suspended, and shall be. rcnewable. upon application within thirty (30) days of e.xpiratioh and
paynlent ora fee. offi ve. dollars ($5.00), providing the applicant has not becn e.onv ictod oran offchSC
enUlllerated in section 19.5-40 dUling the past twelve (12) months.
Sec. 19.5-37. RequiI ing liCW photoguphs of dl i~els, issuance of new pelluits.
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Tk e.hid of polie.e. may require. new photographs be submitted of arlY dri vO, and a ne.w permit
issued to such dri vcr bearing new photographs, as oftGll as the chid of police may determine. that
sue.h plocedUle. is Ilece.ssal)' in order to rcflee.t changes in the appearance in such drivel.
Sec. 19.5-38. Alteling, defacing, etc.
It is unlawful to wilfully alter, deface, obliterat" of destroy a taxicab driver's permit or cause tlte
canIC to be altere.d, ddace.d, obliterated or destroyed.
Sec. 19.5-39. Display, displaying pellnit othel than dIi"cl's.
evely driver ofa vehicle. fX)l hire opcrated in the city sllall have his taxicab driv"l 's pellnit displayed
in such vehicle, in a "onspieuous pia"" so as to be ObS"1 vcd easily by ea"h passenger. Thoe, sllall
not b" display cd in arlY vehicl" aIlY dli vcr '5 p"lluit otho than th" on" fOI th" dli vcr of such ve,hiek,
not shall th"r" be displayed in any vehicle, anything wllicllnlay easily be confused with such dli vCI 's
pCll1lit.
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See. 19.5-40. Stl~pe1l5ion 01 I evocation, glound5, pi ocedUl e.
(a) Tk city council shall have thc lights to suspcnd or lCvokc any taxicab dli vCl' s pCIll1it issued
by thc Ghicf of poliGJ if, upon in vcstigation, thc council shall find that thc holdcl of SUGh dI i vCl ' s
PClllli t.
(1) lIas violatGd any pl0 visions of this CodG OfOldillanccs, state law, 01 Gity oldinance.,
rule. 01 IGgulation, or the. visiollS of this GhaptGI whiGh has a bcaling 011 thG lloldcl 's
fitnGss as a taxi Gab dli vel,
(2) lIas bGGn GOn v iGted of a fdony,
(J) lIas been GonviGted of dliving a motol vchidc while. undeI thc influcuGc of cithe.l
intoxicating liquor 01 drugs'
(4) lIas bGGll GonviGtGd ofIGGkle.ss driving,
(5) If SUGh pelson is suffering fiom a GOntagious 01 Gommunicable disGasG or defect or
an unCOIl ected impaiunmt, of v isioll 01 hGaI ing 01 othGl unCOIl GctGd phy sical
impailmGnt, 01
(G) If it is detelmined the holdcl is not a pel son of good mOlal charactGI and fitness.
(b) DdoIG a taxicab drivGI'S PGInlit may bG suspGnded OllGvoked, noticG ofintclltion thGICof
shall be. SGl vGd upon the holdel by thG Ghid ofpoliGG GithGI by IGgistCICd mail addlGssGd to llinl at
thG addlGSS on his application or by pGIsonal S(.1 viGG. Th notice. shall statG thG gIounds upon whiGh
it is plopoSGd to lcvokc 01 suspcnd thG dli vGl' S pe.lmit, and whGl1 aIld wllcn the city Gouncil will act
upon thG matteI, aIld the. notice must bc givGn at le.ast tcu (10) days befole SUGh he.aring, notiGG by
1 GgiStCl cd mail bGing considGl cd as bGing gi v m when thG le.ttC.l is maikd.
(c) At thG hGaling thc pGlmit holde.l shall bG givGn ail opportunity to be hGaId withGI in pGISOn
01 by counsd 01 both.
(d) The chid of police shall ha v e the. light to suspend aIlY dl i vGl ' S peIlnit subject to action by
dlG city council, but aIlY such suspcnsion by the Ghid of poliGC shalll10t bc fx)! mOl C than a pCl iod
oEducc (J) weeks.
Scc. 19.5-41. Dk i"el ~ to I CpO I t change in I csidellce.
A holdel ofa taxicab dlivel's permit shalllepolt to tk GhidofpolicG allY challge ofllis lesidence
01 eluploymwt within tm (10) Gaklldar days aftel making such challgc oflesidcne.c.
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ARTICLE III. CERTIFICATE OF CON'VENIENCE AND NECESSITY
See. 19.5-42. RequiI cd.
No per SOli shall operate or pCIlliit a taxicab owncd 01 controlled by liim to be opelated as a vcliicle
fOI hile to both pick-up and disehalge tk same passeligel 01 passengels upon the streets of the city
without havilig filst obtained a certificate of convcnienee and necessity flOlll tk city coulicil.
Sec. 19.5-43. Application.
And application of a eeltifieate shall be filed with the city clelk upon fOl111S provided by the city,
shall be verified ulidel oath alld shall furnish the following ilifoIniation.
(I) The name of the applicant.
(2) The proposed place of business within the city of the applicant alld the ploposed location of
allY depots 01 telminals.
(J) The kind, make, model, motol numbel, state license numbel and passengel capacity of each
vehicle to be used in the business, togethel with a statement of the ownelship of, and liens
against, each such v chicle.
(4)
If applicant is all individual, hislesidenee addless.
(5) If the applicants alC copartnels, the names and lesidenee addlcsses of eaeh eopartnel, alid
the nallle of thc copartnclship.
(G) If the applicant is a COI poration, the application shall set folth the nallle of the eorpolation
and thc residence directors.
(7) The trade name which will be used in desigliating the taxicabs and tk taxicab busiliess of
the applicant.
(8) A s WOlll finallcial statement of the applicant pI Cpal cd by a eel tified public aceoUlitant,
i11cluding the alllount of all Ullpaid judgments agaihst the applicant alId the natUle of the
tlansactions 01 aGts giving dsc to such judgements.
(9) Tk expeliencc of the applicant in tIie tralisportation ofpassengels.
(10) A stateniclit of fact which the applicant believes tcnds to plO ve tIiat public con venienee and
necessity 1 equil c granting him a co tificate.
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(11) Tlie desircd GOIOl ScliClilC 01 insignia to be used to de.sigliate the. ve.hicle 01 vehicles of the
applicant.
(12) Sue.h furthcr iliformation as the. city GOUlicil may lcquile.
(1 J) A fcc of fifty dollars ($50.000) shall ace.ompaliY thc application. This fec is to pay fOI tlie
administlati vC cost of Plocessing thc application, thc rcquircd ncwspapcr ad vertisclllCllt alid
liolding thc public hcarilig.
See. 19.5-44. Public heal ing upon application.
Tk city council shall hold a public hcaring on applications for a ne.w celtificate required by this
article twiGG annually, the filSt legular me.cting in April and October of each year. Notice of SUcli
hcal ing shall be gi ven to the applicant and shall be publishe.d once in a ne w spaper of gener 0.1
circulation in the. dt} at least tcn (10) days priOl to the public hearing. Any inte.rested peu;on may
file with the. city council a memorandum in SUPPOlt of or in opposition to thc issuancc of a
ecrtifieate.
Sec. 19.4-45. Detelluinatioll of necessity, issuance.
If the. city GOuncil finds that further taxicab ser vice in thc city is required by the public con venicnce
and necessity and that the applicant is fit, willing an able to perfolm such public transportation and
to GOnfolm to the plovisions of this articlc and the mles promulgated by thc chief of police, the.n the
city clerk shall issue a certificate stating the namc and address of the applicant, the numbcr of
vcliicles authorizcd undel the certificate and the date of issuance, othel wise, the application shall
be denied. In making the abovc findings, the eity eouncil shall take into consideration the liUllibcr
oftaxicabs already in operation, whether existing trarlsportation is adequate to nieet the public need,
the probable effect of increased ser v ice on local traffic conditions, and the characte.r, expcr iene.e alid
responsibility of the appliearlt.
See. 19.5-46. Occupational license fees.
No celtificate shall be issued 01 continued in opcratioli unless the holdel thereof has paid ali alil1ual
occupationallieclise fee as requiled by Chaptel 11 ofthis Codc, cach year for eadi vehicle opelated
ulldel a certificate of public con v Gllience arId ne,cessity. The occupationalliecnsc fee, shall be, ill
addition to any Othe.l lice.nsc fees or diarges. All applications fol a liew licelise, 01 tlalisfGl of ali
existing lice,llse, must bc accompanie,d by the certificate, of con venie,nce, alid necessity.
See. 19.5-47. TI ansfel of cel tifkatcs.
(a) A celtificate, of public conve,liieliee and ne.cessity sliallliot bc sold, assiglie.d, mOltgage,d ol
othel wise tlansfelle,d, li01 may COI palate, owne,l ship ol luanagemellt be changcd witliout the, COllselit
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C.)
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of city council.
(b) Method oftlansfGr.
(1)
The ttal1sfGlec of a eel tifieate herctof'Ole issued shall file all application with the city
clelk in the same nlannel as an Oliginal application, except that the ncw permit shall
be mat ked "tt ansfcl eel tificate. "
(2) The original Gel tifieate shall be attached to the application.,
(J) A copy of the agreemellt to tIansfel the certificate shall also bc attached to the
application.
(4) ThG person to whom sudl tlansfGr eGrtifiGatG is iSSUGd shall, in addition to the
aGGGptance of thG GCI tifiGate also agree in WIiting to be responsible [01 all then
Gxisting engagc.ments atld obligations ofthe transfcror.
Sec. 19.5-48. Adjustment of'llehicles.
If any person holding a certificate shall desire to have thc same amended 50 as to inclcasc 01
declease the number of taxicabs which may be opclated thclcunder, the plovisiol1s ofsectiol120-4J
tlnough 20-4G shall be f'Ollo wcd in thc samc lllatlllCI as if such pelson WCIC apply ing fol a ccrtifiGate
and not an anlendlllent thereof.
See. 19.5-49. Adju~t..llent of fees.
(a) If a new celtifiGate lCquiles a higher city oecupationallieCllse than was paid by the applicant
f'Ol the license y cat in w hidl the ne w certificate is dfeeti v e, the applicant shall be 1 equil ed to pay
the difference between the anloUllt which is requilcd fol the new ccrtifiGate and tIle amount whicll
the applicant has paid the city for an occupation liGense Ullder his old certifiGate.
(b) If tk ne w Gertificate 1 equil es a 10 wer city occupational license tIlan paid by the applical1t
undel his old certificate, thele shall be no rebate of fees.
See. 19.5-50. SOli ende. ing and cau(,eling.
A certificate holdel may voluntalily sUlIendel his certificate. UpOIl sUlIc.ndel the chid of police
shall cithel lelllOve 01 cause to be lenloved thG decals and nUlllbcls flOm taxicabs COvelGd by tllC
SUI I clIdcr cd GGI tifiGate.
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See. 19.5-51. Sn~pen5ioll and I evocation of eel tificate5.
A ccrtificatc issued undcI the Plovision of this aIticle nlay be lcvokcd 01 suspended by thc city
coulicil if the holdel thcle.of has.
Q (1)
(2)
(J)
(4)
(5)
(G)
Violate.d any of the. provision oftIlis chapter.
Discontinued ope.rations as a taxie.ab opelatol roI thirty (JO) day s 01 mOle.
[ailed to seeme. and maintain a CUIImt oe.eupationallice.IlSe.
railed to maintaili a valid decal on any taxicab.
railed to plovide. r(,gulaI aIld efficie.nt 15(,1 vice..
railed to pay any judgments \'\lhich may be. in effect aIld \'\lhich may have. be.en Iendcle.d by
any court of compe.te.nt jmisdiction against such operatOI because of injmies to pe.rson or
property inflicted OI caused in the cit} by aIlY taxicab o\'\lned OI operated at the time of such
injmies by the. certificate holdCl.
(7) Encomaged or failed to take proper ple(,aution to prevent the dri vcrs of such operator from
violating the tClms of this chapt"I or the traffic code.
o
(8)
Violated any ordinances of the city, provisions of this Code ofOrdillaIlce.S or the laws of the
United State.s or the state, the violations of which reflect unfavorably on the fitness of the
holder to offer pubic transportation.
(9) Upon death of the holdeI of a certificate of COli venicliee aIld neccssity, the certificate sllall
be revoked by thc city clerk.
(10) Upon the dissolution 01 bankruptcy of an individual, partnelship 01 corporation to whom a
certificate of public con vcnicnce and necessity has bcw issued, tIle city clerk of the city shall
causc the certificate to bc r c v oked, pIO v iding tIle city council has not authorizcd thc 11 ansfer
of the certificatc pr ior to such dissolution or banklUptcy.
(11) Whcnc vCI a ccrtificatc of con vcniwcc and licc{,ssity is issucd in thc name oftlNO (2) pcrsons
and one of such pcrsons dics, thc sm vi vor is authoriz"d to request transfer ofthc certificate
to thc sur vivol's liaIlie pursuant to scGtion 19.5-4J.
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(12) [ailed to comply with subsection (2), (J) or (4). PrioI to suspension or revocatioli, tk
holder shall be givcn noticc by the city clClk oftk proposed action to be takcn and shall
Ila vC arl oppor tunity to be Ilcard tk city council.
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(1 J) railed to nlailrtain a place of busincss w ithil1 the city.
Sec. 19.5-1. Definitions.
For the purpose of this chapter. the following words and phrases shall have the following meanings:
Cruising. The driving of a taxicab on the streets. alleys. or public places of the city in search of, or
soliciting prospective passengers for hire.
Driver. One who drives a taxicab.
Driver's vermit. The written authority granted by the City pursuant to the provisions of this chapter
to any person to drive a taxicab upon the public streets of the city.
Occupational license. The license issued pursuant to chapter 11 of this Code for the purpose of
carrying on a business within the city.
Overator. The owner of a taxicab business or the responsible agent for the owner of a taxicab
business.
Taxicab. Any motor-driven vehicle for the transportation of passengers for hire and which is
operated within the city. except cars licensed for rental without driver. motor buses operated by the
city or other taxing authority or pursuant to a franchise authorizing the operation thereof and
vehicles operated pursuant thereto. or certificates from the public service commission.
Taximeter. A meter instrument or device attached to a taxicab which measures mechanically the
distance and the waiting time upon which the fare is based.
To drive a taxicab. To be physically in control of a taxicab whether or not such taxicab be in
motion. when such taxicab is being used for. or is available or ready to be used for. the carrying of
passengers for hire.
To ooerate one or more taxicabs. To cause taxicabs which are under one's ownership or control to
be operated. either by themselves or by someone under their direction or supervision. for the purpose
of carrying passengers for hire within the city.
Wailing time. The time when a taxicab is not in motion from the time of acceptance of a passenger
or passengers to the time of discharge of the passenger or passengers. but does not include any time
that the taxicab is not in motion if due to any cause other than the request. act or fault of a passenger
or passengers.
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Sec. 19.5-2. Driver. operator distinguished.
N2thing herein shall be construed as preventing the same person from being both an operator and
a dri ver.
Sec. 19.5-3. Requirements where same person is both operator and driver.
If the same person is both an operator and a driver. that person must possess the qualifications both
of an operator and a driver. The person shall be subiect to all of the provisions of this chapter
relating to operators and shall be subiect to all of the provisions of this chapter relating to drivers.
Sec. 19.5-4. Use of taxicabs for purposes of prostitution.
It is unlawful for either the driver or operator of a taxicab operated in the city to permit any person
to occupy or use such taxicab for the purpose of prostitution. lewdness. assignation or the
commission of some other illegal activity. or to direct. take. or transport. or to offer or agree to
direct. take or transport any other person with knowledge or reasonable cause to believe that the
purpose of such directing. taking or transporting is for the purpose of prostitution. lewdness.
assignation or the commission of some other illegal activity.
Sec. 19.5-5. Operators and drivers to report suspicious person. things. etc. to police
department.
In return for the privilege of operating taxicabs on city streets. every person holding a driver's
permit shall report promptly to the police department any suspicious person. thing. or act whom or
which he or she may observe. regardless of whether or not such person. thing or act observed occurs
inside or outside of the observer's taxicab.
Sec. 19.5-6. Occupational licenses required for business.
It is unlawful for any person to engage in the business of operating a taxicab within the city limits
without first having obtained an occupational license from the city clerk as required by Chapter 11
of this Code.
Sec. 19.5-7. Cruisine: prohibited.
Subiect to Section 19.5-8 below. it shall be unlawful for a taxicab to engage in cruising.
Sec. 19.5-8. When cruising. pick-up and discharge of passeD!!ers permitted.
o At any time that the bus system providing bus service throughout the city fails to operate or in the
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event that a general emergency situation exists within the city. the city council shall have the
authority to suspend the prohibition against cruising and the restrictions on receiving and
discharging passengers contained in this chapter.
U Sec. 19.5-9. Condition. maintenance. inspection of taxicabs.
ill All taxicabs shall be kept in a clean. sanitary and safe mechanical condition. at all times.
(Q} Every vehicle operating under this chapter shall be inspected in accordance with the state
vehicle inspection laws. Additional inspections for any purpose may be required at any time.
and may include an inspection by the Chief of Police.
ill Every vehicle operating under this chapter shall be registered in accordance with current
state and county laws.
Sec. 19.5-10. Daily manifest.
ill Each taxicab shall maintain a daily manifest upon which all trips are recorded. showing time
and place of origin. the destination and the amount of fare. Completed daily manifests shall
be returned to the operator bv the driver at the conclusion the driver's day. The operator and
driver shall make available the manifests to the City. The forms for each manifest shall be
furnished to the driver by the operator and shall be of a character approved by the City.
u
(Q}
Every holder of an occupational license shall retain and preserve all driver manifests in a
safe place for at least the calendar year preceding the current calendar year. Such manifests
shall be made available to the City upon request.
Sec. 19.5-11 Operators to report chan!!:e in vehicles.
Whenever an operator proposes to change any motor vehicle used in the operation of the taxicab
business the operator shall report to the City giving the information required in the application for
an occupational license.
Sec. 19.5-12 Public liability insurance required.
ill No person shall operate or drive a taxicab or permit the same to be driven or operated on the
streets of the city unless operator shall first have procured and filed with the city clerk a
liability insurance policy or policies; the terms and conditions thereof shall provide
protection for all persons suffering iniury. loss or damage to person or to property by reason
of the operation of any taxicab.
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Every such insurance policy or certificate of insurance shall be of a form and substance
approved by the city clerk and shall be executed by an insurance company or companies
authorized to do business in the state and acceptable to the city clerk, and shall be in the
penal sum of$100,000.00 for each iniury, or death to a person caused by one accident; in
the penal sum of $300,000.00 for each iniury or death of all persons caused by one accident
and in the penal sum of $10,000.00 for damage to property resulting from anyone accident;
and each of the penal sums shall remain in full force and shall be undiminished during the
effective period of the insurance.
W Every such insurance policy shall contain a provision whereby every company executing the
same shall obligate itself to notify the city clerk in writing a least thirty (30) days before any
alteration, modification or cancellation of such policy is to become effective.
Sec.19.5-13 Taximeter required.
All taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened
in front of the passengers, visible to them at all times, both day and night. After sundown, the face
of the taximeter shall be illuminated. The taximeter shall be operated mechanically by a mechanism
of standard design and construction, driven either from the transmission or from one of the front
wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points
and connections which, if manipulated, would affect their correct reading and recording. Each
taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not
employed; and it shall be the duty of the driver to throw the flag of such taximeter into a non-
recording position at the termination of each trip. All metering devices shall be calibrated once
every six months to determine their accuracy; and in the event of a patent defect, such meter shall
be calibrated immediately and a certificate of the calibration shall be furnished to the City
identifying the vehicle on which the meter is attached.
Sec. 19.5-14. Rates - Posting:.
Rates shall be posted and in type sufficiently large so that they may be read by passengers while
sitting in the seats provided for passengers.
Sec. 19.5-15. Additional passengers restricted.
Additional passengers, or groups riding, may be allowed only as directed by the passenger first
engaging the taxicab.
Sec. 19.5-16. Maximum number of passengers.
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No taxicab shall be operated when there are more than three (3) persons in the front seat thereof, nor
when there are more persons therein than for which such taxicab was designed and equipped and
in which there are a sufficient number of seat belts.
U Sec. 19.5-17. Issuance of fare receipts upon request: contents.
It shall be the duty of each driver to give a receipt for fares when requested by any passenger.
showing the fare collected. the point of departure and arrival and the number of passengers carried
and included in such fare.
Sec. 19.5-18. Pick-up and discharge of passengers generally.
Taxicabs shall not receive or discharge passengers in the street or roadway except at the extreme
right -hand side or the roadway nearest the sidewalk or side of roadway.
Sec. 19.5-19. Collecting fares. pick-up or discharging passengers while cab in motion.
No driver shall collect fares. make change or take on or discharge passengers while his taxicab is
in motion.
Sec. 19.5-20. Refusal to take passengers.
(.)
No driver shall refuse to accept any passenger for transportation within the city limits of the city
unless such passenger is drunk or disorderly or such proposed trip is evidently for illegal or immoral
purposes or otherwise contrary to the terms of this chapter. nothing herein shall prevent a driver
from requiring that the fare be paid in advance.
Sec. 19.5-21 Where passengers to ride.
No operator or driver of any taxicab shall permit any passenger to ride in any place in or on his
taxicab except on the regular seats of such taxicab.
Sec. 19.5-22. Place of business.
All taxicab businesses shall be required to maintain a place of business within the city from which
to conduct their operations. The place of business shall be in a permanent structure and shall be
located in a zoning district within the city where such use is permitted and shall meet all
requirements set forth in the City's Land Development Code.
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ARTICLE II. DRIVER'S PERMIT
Sec. 19.5-23. Required.
o
It shall be unlawful for any person to drive a taxicab in the city unless such person shall have first
obtained from the City, a taxicab driver's permit.
Sec. 19.5-24. Qualifications.
Any person who has resided continuously in the county for not less than six (6) months immediately
preceding the making of an application for a driver's permit and being eighteen (18) years of age
or over may make application to the City for a taxicab driver's permit.
Sec. 19.5-25. Fingerprints and photo!!raphs of applicants.
The police department shall cause fingerprinting and photographing of applicants for a driver's
permit and shall keep these on file in their office.
Sec. 19.5-26. Investi2ation.
o
The Chief of Police shall cause an investigation to be made to determine fitness of the applicant for
a permit required by this chapter. Conviction of crimes involving moral turpitude and being a
habitual violator of laws or ordinances shall be grounds to deny a permit.
In addition, the applicant will provide the following:
ill A copy of a valid Florida Driver's license (Class D). as well as a list of any out of state
Driver's Licenses held in the past 11 years.
{Q) A report from a physician practicing and maintaining an office in the county to determine
whether or not such applicant has any defect or impairment of vision or hearing or other
physical impairment which would render him or her incapable of driving a motor vehicle
safely.
W A copy of the results from a drug screening performed by from a licensed laboratory
operating within the county.
@ A copy of the applicant's driving record for the past 11 years.
Sec. 19.4-27. Application fees.
'-.) An application for a driver's permit shall be accompanied by a fee of twenty-five dollars ($25.00).
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Sec. 19.5-28. Issuance and contents of permits.
Based on the application and documents required for submission, it shall be the duty of the Chief
of Police to determine if the applicant for a driver's permit be a person of good moral character and
fitness and possesses sufficient knowledge of the provisions of this chapter and of the traffic
ordinance, laws, rules and regulations of the city when the applicant has complied with the
provisions of this chapter. The City shall issue to such person a driver's permit. which permit shall
be signed by the city clerk and shall bear the name, address, sex, color, age, signature, recent profile
and full face photograph and fingerprints of the applicant.
Sec. 19.5-29. Duration. renewal of permits.
All driver's permits shall expire on September 30 of each calendar year, unless sooner revoked or
suspended, and shall be renewable upon application within thirty (30) days of expiration and
payment of a fee of twenty-five dollars ($25.00), provided the applicant has not been convicted of
an offense enumerated in section 19.5-33 during the past twelve (12) months.
Sec. 19.5-30. Requiring new photographs of drivers: issuance of new permits.
The Chief of Police may require new photographs be submitted of any driver, and a new permit
issued to such driver bearing new photographs, as often as the Chief of Police may determine that
such procedure is necessary in order to reflect changes in the appearance in such driver.
Sec. 19.5-31. Altering. defacing. etc.
It is unlawful to wilfully alter, deface, obliterate of destroy a taxicab driver's permit or cause the
same to be altered, defaced, obliterated or destroyed.
Sec. 19.5-32. Display: displavine permit other than driver's permit.
Every driver of a vehicle for hire operated in the city shall have his taxicab driver's permit displayed
in such vehicle in a conspicuous place so as to be observed easily by each passenger. There shall
not be displayed in any vehicle any driver's permit other than the one for the driver of such vehicle,
nor shall there be displayed in any vehicle anvthing which may easily be confused with such driver's
permit.
Sec. 19.5-33. Suspension or revocation: grounds: procedure.
W The city council shall have the rights to suspend or revoke any taxicab driver's permit issued
by the City if, upon investigation, the council finds that the holder of such driver's permit:
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Has violated any provisions of this Code of Ordinances, state law, or city
ordinance, rule or regulation, or the provisions of this chapter which has a
bearing on the holder's fitness as a taxicab driver;
Has been convicted of a felony;
Has been convicted of driving a motor vehicle while under the influence of
either intoxicating liquor or drugs;
Has been convicted of reckless driving;
If such person is suffering from a contagious or communicable disease or
defect or an uncorrected impairment of vision or hearing or other uncorrected
physical impairment; or
If it is determined that the holder is not a person of good moral character and
fitness.
2.
.;L
4.
~
6.
ihl Before a taxicab driver's permit may be suspended or revoked, notice of intention thereof
shall be served upon the holder by the City either by registered mail addressed to him at the
address on his application or by personal service. The notice shall state the grounds upon
which it is proposed to revoke or suspend the driver's permit and when and where the city
council will act upon the matter, and the notice must be given at least ten (10) days before
such hearing, notice by registered mail being considered as being given when the letter is
mailed.
ill
At the hearing the permit holder shall be given an opportunity to be heard whether in person
or by counselor both.
@ The City shall have the right to suspend any driver's permit subiect to action by the city
counciL but any such suspension by the City shall not be for more than a period of three (3)
weeks.
Sec. 19.5-34. Drivers to report chaD!!e in residence.
A holder of a taxicab driver's permit shall report to the City any change in residence or employment
within ten (10) calendar days after making such change.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StJUck t1llOtlgl. passages are deleted.
Underlined passages are added.
2001-0-77
23
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
U inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
u
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on December 3,2001, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
o
Councilwoman Judy Lichter
Stl uck tl'lough passages are deleted.
Underlined passages are added.
2001-0-77
24
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StJ uck t1.lOugl. passages are deleted.
Underlined passages are added.
2001-0-77
AYE
day of
, 2001.
NAY
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 2001 under
Agenda Item No.
25
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AGENDA REQUEST
Date: November 21. 2001
PUBLIC
HEARING
X ORDINANCE
. RESOLUTION
OTHER
BUSINESS
CORRESPONDENCE
CONSENT
ITEM DESCRIPTION/SUBJECT:
2001-R- 24 A resolution requesting the State of Florida to dedicate the Rose Bay Bridges in
Volusia County, Florida in honor of United States Military Personnel who are prisoners of war
or missing in action.
BACKGROUND:
This resolution is a result of the discussion at the November 12,2001 City Council meeting
where the City Council directed a resolution be prepared urging the Florida Department of
Transportation to dedicate the three bridges on U.S. I, in New Smyrna Beach and Port Orange-
Rose Bay Bridges in honor of United States Military Personnel who are prisoner,s of war or
missing in action.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 2001-R-24.
ACTION REOUIRED
Motion to approve of Resolution No. 2001-R-24.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(Specify if budget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO x
Date: December 3. 2001
AGENDA ITEM NO.
Respectfully sub . ed;-
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Susan 1. adsworth
City Clerk
Concurrence:
~<.,~ rr----ny~ ~ '''->1 c~ J<--,>
Robin L. Matusick
Legal Assistant
\\.""'^-& X. \\4'" \,.-~
Kenneth R. Hooper
City Manager
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RESOLUTION NO. 2001-R-24
'->
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, REQUESTING THE STATE OF
FLORIDA TO DEDICATE THE ROSE BAY BRIDGES IN
VOL USIA COUNTY, FLORIDA, IN HONOR OF UNITED
STATES MILITARY PERSONNEL WHO ARE PRISONERS
OF WAR OR MISSING IN ACTION; PROVIDING FOR
AUTHORIZING AND DIRECTING THE CITY CLERK TO
FORWARD COPIES OF THIS RESOLUTION TO THE
CITY'S STATE LEGISLATIVE REPRESENTATIVES AND
THE VOLUSIA COUNTY LEGISLATIVE DELEGATION;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. The State of Florida, through the Florida Department of Transportation, is currently
'-> reconstructing or building three (3) bridges on U. S. Highway No.1, between New Smyrna Beach
and Port Orange.
2. The City Council believes that it would be appropriate to dedicate the bridges in
honor of those United States military personnel who are prisoners of war or missing in action.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1. The City of Edgewater hereby supports the dedication of the three bridges being
constructed on U. S. Highway No.1 between New Smyrna Beach and Port Orange, in honor ofU.
S. Military personnel who are prisoners of war or missing in action.
Section 2. The City Clerk is hereby authorized and directed to transmit a copy of this
o resolution to the City's State Legislative Representatives and to the Volusia County Legislative
Delegation by U. S. mail and facsimile.
Section 3. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
2001-R-24
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Section 4. This resolution shall take effect upon adoption.
After Motion by
on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2001-R-24
and Second by
, the vote
AYE
NAY
day of December, 2001.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council during the
Council meeting held on the day of
December, 2001 under Agenda Item
2
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AGENDA REQUEST
Date: December 3, 2001
Public Hearing
Resolution
Ordinance
Consent
x
Other Business
Correspondence
ITEM DESCRIPTION'
On August 17, 2001 John D. Gaffney's term on the Construction Regulation Board (CRB) expired.
BACKGROUND'
Mr. Gaffney has requested to be re-appointed to the CRB for another term. Letter attached.
RECOMMENDATION'
Re-appoint Mr. Gaffney to the CRB to serve another term.
ACTION REOUESTED'
Motion to re-appoint Mr. Gaffney to serve another term on the CRB.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A
PREVIOUS AGENDA ITEM:
YES
NO x
DATE:
AGENDA ITEM NO.:
N/f4.
I
Kenneth R. Hooper
City Manager
N/r:r
Legal Department
H:\Tonya\dennis\agenda request CRB reappointment Dee 3 2001
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October 26, 2001
City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
Re: Construction Regulation Board
Dear Honorable Mayor and City Council:
This letter is to request my re-appointment to the Construction Regulation Board
for another term. My current term expired on August 17, 2001.
Thank you,
,bL Oh{!7
10hn D. Gaffney
POBox 1480
Edgewater, FL 32132
:tle
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AGENDA REQUEST
Date: November 12, 2001
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
CONSENT
x
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Gary Butt has been reelected as the fifth member to the Edgewater Firefighters' Pension Fund
Board. The Firefighters' Pension Fund Board elects the fifth member.
BACKGROUND:
Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the
membership, two appointed by Council, and one appointed by the other four (4) Board members.
STAFF RECOMMENDATION:
Approval of Gary Butt, elected as the fifth member to the Firefighters' Pension Fund Board, by
the Firefighters' Pension Fund Board.
ACTION REQUESTED:
Motion to appoint Gary Butt, elected by the Edgewater Firefighters' Pension Fund Board, for a
two-year term to the Edgewater Firefighters' Pension Board.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO.:
~fUllY SUbm:
'ames Jollie, Chairman
Firemen's Pension Board
Agenda.requesl. fornuev.21l6/2000.GaryBullII120 I
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GalY Butt
1853 Guava Drive
Edgewater, Florida 32141
386-427-1531
October 10, 2001
City of Edgewater
Mayor Schmidt and City Council Members
P. O. Box 100
Edgewater, Florida 32132-0100
Re: Reappointment to Firemen's Pension Fund Board
Dear Mayor and City Council Members:
u
My appointment to the Firefighters' Pension Trust Fund Board expired May 3, 200l.
am requesting reappointment to the Board. My past experience on the Board would
enable me to continue serving the Board in the same efficient manner.
I have enjoyed my service to the Board and look forward to continuing. I hope you find
my experience a valuable asset and hope for reappointment.
Thank you in advance for your consideration.
Sincerely,
ftrJ Vj)y
Gary Butt
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Edgewater Firefighters' Pension Fund Board
Special Meeting
November 12, 2001
Page 2
amended his motion to include military "buy back" with four (4) years
maximum service, and a possible stipend, meant for health care, for career
retirees. Amended motion seconded by Mr. Tse. Motion carried 4-0.
Chairman Jollie stated the City used to' ask for a budget for the Pension Board.
The requests stopped, but the Chairman would like to see a budget for the
Board to begin once again.
Monthly Calendar: Chairman Jollie discussed the problems with daytime
meetings vs. work schedules of the members, and night meetings vs. availability
of City personnel. He added the Board is required to have a meeting in January,
April, July, and October. Chairman Jollie also stated any special meetings are
held when the Board needs hold a meeting. Chairman Jollie stated he does not
want to exclude anyone. Chairman Jollie suggested 5: 15 to 5:30. Mr. Tse
moved to hold the regular Board meeting on the 3rd Tuesday (January, April,
July and October) between 5: 15p.m. and 5:30 p.m. Motion was seconded by Mr.
Butt. Motion carried 4-0.
New Business:
Election of Secretary: Chairman Jollie stated former member Captain Jill
Landreville was the secretary for the Board. Chairman Jollie opened the floor
for nominations. Chairman Jollie passed the gavel to Mr. Tse, and nominated
Ron Hayward for secretary. Mr. Butt moved the nominations be closed. Ron
Hayward was unanimously elected as the new secretary of the Board.
Election of 5th Member to the Board: Chairman Jollie referred the members
to a letter from Gary Butt asking for reappointment to the Board. Chairman
Jollie noted that copies of other people seeking appointment to the Board were
enclosed in the member's packets. Recording secretary Ms. Johnson stated
there were no new applications, since the year 2000, requesting appointment to
the Board. Chairman Jollie passed the gavel to Mr. Tse and nominated Gary
Butt be reappointed as the 5th member of the Board. Nominations were closed,
and Gary Butt was unanimously reappointed to the Board.
F.P.P. T.A. - 2002 Annual Membership (Florida Public Pension Trustees
Association): Chairman Jollie stated the Board let their membership lapse
about two years ago, and suggested the Board join F.P.P.T.A. at a cost of three
hundred and fifty dollars ($350.00) this year, and continue being a member of
the Trustees Association (F.P.P.T.A.). There were no objections from the Board.
Chairman Jollie asked' for a motion. Mr. Hayward so moved, seconded by Mr.
Butt. Motion carried 4-0.
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INDIAN RIVER SPORT FISHING CLUB
P.O. Box 1144 · Edgewater, FL 32132
November 19,2001
To: City of Edge water
Edgewater, Florida.
From: Indian River Sport Fishing Club
P.O. Box 1144
Edgewater, Florida 32132
Re: Request for FlUlding
13th Annual Top GlUl Spotted Sea Trout Fishing Tournament
Dear COlUlcil Members:
We ask that our organization be placed on the December 3rd. City COlUlcil Meeting Agenda for the purpose of requesting $500.00 to be utilized for
the upcoming 13th Annual Top GlUl Spotted Sea Trout Fishing Tournament to be held on March 15th & 16th, 2002.
We have received [mancial assistance from the City of Edge water for many, many, years and we were completely shocked that the funding was
totally cut out this year.
Most of you are aware that the Indian River Sport Fishing Club is one of the biggest spotted sea trout tournaments held in the State of Florida.
I l..ast year we had over ISO anglers participating, and approximately 250 people attended the tournament as family members, friends, etc. It is
~stimated that anglers booked about 50 rooms in the local area for this tournament. A lot of money is spent at the local Burger King, McDonalds,
Local Restaurants, shops and other businesses during this two day event
A lot of publicity is given to the City of Edgewater through Newspapers, Radio Stations, Statewide Fishing Magazines & publications, etc. During
the Captains Meeting and the actual event we plug the City of Edge water all we can, and always have the Mayor, or appointed dignitaries present
the main awards.
Additionally our club is continually involved with COlUlcilwoman Judy Lichter in helping to keep the city clean project. On a regular basis our
club members help to keep Veterans Park Clean, and also participate in events to keep the Intercoastal Waterways clean. Also we sponsor a Kids
Fishing Tournament annually within the City of Edge water at no cost to the city, as we have sponsors that help us on this event on a routine basis.
We have contracted with Fritz's B - B - Q to cater our Captains Meeting Dinner again this year. This is for registered anglers only, and their
spouses or family members attending. The cost of this B-B-Q is $500.00. We are asking the city to sponsor this event. This money does not
cover any beverages, as they are available for anyone wishing to purchase them.
The publicity, good will, and advertisement received each year by the city is well worth the sponsorship. We would like to advertise that the City
of Edge water is again sponsoring the Captains Meeting B-B-Q. - Also called the Welcoming Party.
Anglers continue to travel from as far as the Florida Keys, Tampa Area, Jacksonville, and many from Orlando. The Top GlUl Spotted Sea Trout
Fishing Tournament has an exceptional reputation, and is really enjoyed by all that participate.
COlUlcilman James Brown, Judy Lichter, the City Manager, Mayor Don Schmidt, and Lynn Plaskett can all testify to what a great event this is
overy year.
We need your support to insure that this tournament is a big success as it always has been in the past.
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NOTE: Top Gun Applications Attached
for your information.
Ron Prekup, Sr. - Vice President & Newsletter Editor
Dedicated to promoting recreational sport fishing and safe boating
..
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TOP
GUN
XIII
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The George Cameron Memorial Fishing Tournament
Hosted by
THE INDIAN RIVER SPORT FISHING CLUB
AT
CAMERON'S MARINA, EDGEW ATER, Fla. Saturday, March 16th, 2002
This tournament is open to all anglers in an open competition to determine the "TOP GUN" in Spotted Sea Trout Fishing.
Cash and Prizes will be awarded to the "T 0 P GUN" Through 1 Oth Place. A GUARANTEED FIRST PLACE CASH
PRIZE of $1.300.00 will be awarded to the First Place Winner - TOP GUN! ! !
REGISTRATION: Anglers may pre-register by mailing their application and entry fee in the amount of $45.00 to the
INDIAN RIVER SPORT FISHING CLUB, P.O. Box 1144 Edgewater, Florida 32132. (Fees include the B-B-O at the
Captains Meetine) Late applicants can register up to the close ofthe Mandatory Captain's Meeting On Friday, March
15th, 2002, at Cameron's Marina, 2001 South Riverside Drive, Edgewater, Florida, starting at 6:00 PM. There will not be
anv additional charges for late registrations. Applications and tournament rules are available at Cameron's Marina - (904)
428-3063. Call the Marina or Club Treasurer Tracy Mehalko at 428-2480 for further information, etc.
Applicants Please fill out tbe bottom section completely. Detacb on dotted line, and submit witb your $45.00 fee.
PLEASE PRINT
PLEASE PRINT
UDate of Application:
INDIAN RIVER SPORT FISHING CLUB
TOP GUN TOURNAMENT APPLICATION
ASSIGNED BOAT REGISTRATION #
Angler's Name:
Boat Name or FL #
(Last)
(MI) (First)
City:
State:
ZIP:
Address:
Telephone Number: (
)
$45.00 Casb Cbeck Attacbed to application.
CIRCLE ONE:
CAPTAIN
ANGLER WITH CAPTAIN -
(Captains' Name)
ANGLER
JUNIOR ANGLER - (15 Years of age & under)
I understand and agree that participants in the tournament enter at their own risk. The Indian River Sport Fishing Club, it's
Officers, Officials, Members, or Sponsors shall not be held liable for and hereby disclaim any and all liability for any losses or
damages of any kind suffered by any participant, entrant, angler, their guest, companions, vessels or equipment which may occur
during the tournament. I further understand that anv tvpe of unsPorlmanlike conduct or violation of tournament rules wiU
disQualifv me from this tournament. and no refund will be given. ALL APPLICABLE FLORIDA STATE FISHING
LAWS & REGULATIONS WILL BE FOLLOWED!
o have read and completely understand the attached Top Gun Tournament Rules and agree to abide by the same.
SIGNED BY:
Date Signed:
PLEASE NOTE: A FREE T-SHIRTwill be given to anglers/applications received up to and including tbe 15th of
February,2oo2. If you wish additional T-shirts, include $10.00 @ with your application After February 15th, additional T-
shirts may be purchased at the Marina on Saturday, March 16th, 2002 - the day of the tournament for $10.00
FREE T-SIDRT SIZE:
I would like # Additional T-shirts, Sizes
(Monev for additional Shirts must be included with application)
@ $10.00 Each.
...
v
TOP GUN SPOTTED SEA TROUT FISHING TOURNAMENT RULES
# 1. Entry fees for TOP GUN Tournament will be $45.00 per angler. A guaranteed FIRST PLACE CASH PRIZE oUl.300.00
will be awarded along with NINE other Cash & Prizes based upon the number of entries
("#2. There will be only one entry allowed per angler. If that entry places, then the entry/angler will not be eligible for further prize
~koney. No entrv/lUl2Ier can take more than one place.
#3. All fish shall be taken by Rod and Reel from a boat only.
#4. Anyone getting out of their boat to fish on the flats, jetties, piers, banks, rocks, or structures, etc. will automatically disqualify
everyone on that boat.
#5. AU boat occupants must be registered and pay the entry fee prior to fishing. If is determined that unregistered occupants
are on board tournament boats, that boat and aU it's occupants will be disqualified from the tournament.
#6. All tournament boats must keep a 100 Ft. distance between other boats at all times, otherwise all occupants ofthc boat in violation
will be automatically disqualified.
#7. FISHING may not start prior to Safe Lil!ht - 6:00/6:30AM. Required boat checks will be made by a Tournament Official, which
will include all areas of the boat, such as coolers, live wells, storage compartments, tackle boxes, etc. Boats will not be allowed to start the
tournament without displaying their official starting number and boat check certification to officials on the BIG STARTING BARGE.
located on the east side of the ICW in front of Cameron's Marina on Saturday Morning March 16,2002, at Safe Lil!ht 6:00/6:30 AM. AU
boats must start from Cameron's Marina upon a simal2iven bv a Tournament Official. If you are using Dick's Cut, it is narrow &
shaUow - Slow down and have consideration for other anglerslboaters. REMEMBER - The ICW in front of Cameron's Marina is a NO
WAKE ZONE!!
('p8. The Tournament will officially end at 2:00 PM on Saturday, March 16th, 2002. AU ane:lers weil!bine: fish must be standine: in
~Iine at Cameron's Marina prior to 2:00 PM. Arrivals after 2:00 PM will not be allowed to weigh their catch. No Exceptions, so please
leave your fishing area in plenty of time to arrive at Cameron's Marina and be in the weigh in line by 2:00 PM.
#9. Any boat registered in the tournament taken out of the water prior to weigh in at 2:00 PM will be disqualified unless the
Tournament Officials authorize such action prior to doing so.
# 10. Alllee:al size and elil!ible SPOTTED SEA TROUT entered in the tournament must have been caul!ht fresh that dav.
# 11. The designated fishing boundaries extend North to the Dunlawton Bridge in Port Orange, East to the end of the North Jetty at
Ponce Inlet, and South to the Railroad Bridge at Titusville. Boats fishing outside of boundaries will be disqualified.
# 12. There will be two times when a registered angler may register a protest or complaint. The first time being before the actual
beginning of the tournament for any infractions that may have incurred prior to the beginning of the tournament. The second time to register a
protest or complaint will be immediately following the weigh-in of the last angler's catch, and prior to the awards presentation. THER
WILL BE A $50.00 PROTEST FEE THAT WILL NOT BE REFUNDED UNLESS THE PROTEST IS RULED VALID BY
THE OFFICIALS. All anglers agree that in the event of a dispute or protest, the decision of the Club President, Tournament Director and
the Weigh Master will be final. All entrants hereby release any and all claims whatsoever against the Indian River Sport Fishing Club,
Officers, Tournament Officials, and Sponsors for decisions made by the Club President, Tournament Director and Weigh Master.
# 13. In case of a tie, the following will be considered: 151 - Weight, and 2nd - Time of weigh in at Cameron's Marina.
,.....'#14. Due to the fact that the Indian River Sport Fishing Club promotes "Safe Boating", any infractions oflaw will disqualify all anglers
~ that boat.
# 15. All fish that are weighed in for prizes will be retained by the Weigh Master and his Committee to be checked over, identified,
properly tagged and made available for pictures prior to being given back to anglers. Measurements will be made in accordine: to existinl!
State Laws.
# 16. Captains are held responsible for all anglers on his boat. Florida State Laws applicable to fishing and safe boating apply.
( Good IA1ck & Good Fishing)
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AGENDA REQUEST
Date: November 26.2001
'-> PUBLIC HEARING RESOLUTION ORDINANCE
CONSENT OTHER BUSINESS X CORRESPONDENCE
ITEM DESCRIPTION:
Authorization for issuance of a Request for Proposal (RFP) for a bank loan to fund various capital
improvement projects.
BACKGROUND:
In order for the City to continue with the economic growth that it seeks and that the City Council has
approved in the past, it is necessary for the City to seek a bank loan to fund various capital projects.
These projects include, but are not limited to, the Wastewater Treatment and Reclaimed Facility
Improvements, FIND Phase 1 and 2, the extension of water to Waterway Park, the extension of water
and sewer service to the Western Expansion Area for future growth, the consolidated joint dispatch
hardware/software with Port Orange and New Smyrna Beach, as well as other smaller projects.
Staffs intention is to solicit proposals from local and/or national banks to provide a funding
mechanism suitable to the City.
'->
STAFF RECOMMENDATION:
Staff recommends approval of advertising the attached draft RFP for a bank loan to fund the various
capital projects and to authorize the City Manager to negotiate on behalf of the City. Once a loan
agreement has been established, it will return to the Council for approval.
ACTION REQUESTED:
Motion to authorize the issuance of the RFP for a bank loan in the amount of$7,680,000, which is
$5,140,000 for Water and Sewer Enterprise Fund and $2,540,000 for the General Fund.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED}
PREVIOUS AGENDA ITEM: YES
YES
NO
X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~~~~
Concurrence:
Q
Michele L. Goins, CPA
Finance Director
~~~ .
. ~lt. . A~l e- )-<.,
Robin Matus ck \
Legal ssistant
Ken eth R. Hooper
City Manager
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DRAFT
REQUEST FOR TWO (2) LOAN COMMITMENTS
CITY OF EDGEW A TER
WATER AND SEWER LOAN
AND GENERAL FUND CAPITAL IMPROVEMENTS LOAN
The City of Edgewater, Florida is soliciting Requests for two (2) loan commitments on
borrowing aggregating up to $7,680,000. The Loans are for improvements to the existing
Wastewater Reclaimed Facility System and various other water and sewer improvements,
and general fund capital improvements. The general fund capital improvement loan will
be secured by all non ad-valorem revenues to be received by the City in the General Fund
(excluding franchise fees). The Wastewater Reclaimed facility Loan will be secured by a
junior lien on the respective Water and Sewer System net revenues, allowable impact
fees, and County assessment. The City will repay both Loans over a ten (10) year period
in accordance with the proposed terms.
Any and all pertinent information required to submit a request for commitments on these
Loans may be obtained from Michele Goins, Finance Director, City of Edgewater, 104 N.
Riverside Drive, Edgewater, FL 32132 and are due no later than 2:00 P.M. on
Wednesday, January 2,2002. The Commitments should be submitted with five (5)
copies in a sealed envelope with the firm's name and address and marked as followed:
"RFC #00-01 LOAN COMMITMENTS-CITY OF EDGEW A TER WATER AND
SEWER LOAN AND GENERAL CAPITAL IMPROVEMENT FUND LOAN".
The City of Edgewater reserves the right to negotiate modifications to commitments it
deems acceptance, to reject any and all commitments, to waive minor irregularities, or to
award to other than the low commitment, ifit is in the best interest of the City.
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B.
DRAFT
REQUEST FOR COMMITMENTS #00-01 FOR TWO (2) LOANS TO
THE CITY OF EDGEWATER
A.
INTRODUCTION
The City of Edgewater, Florida is hereby soliciting sealed Commitments
("Commitments") for two (2) Loans in accordance with the terms, conditions, and
specifications outlined in this Request for Loan Commitments (RFC).
Water and Sewer Loan Commitment
The purpose of the Water and Sewer Loan is to provide funds to the City of
Edgewater ("City") for the construction of improvements to the existing
wastewater reclaimed facility system and various other water and sewer
improvements. The Loan will be payable from a junior lien on monies received
from the water and sewer system net revenues, allowable impact fees, and County
assessment.
General Fund Capital Improvements Loan Commitment
The purpose of the General Fund Capital Improvement Loan is to provide funds
to the City of Edgewater ("City") for the construction and purchase of various
capital improvements. The Loan will be payable from all non ad-valorem
revenues (excluding franchise fees).
COMMITMENT DUE DATE
Sealed Commitments for each Loan request should be mailed or delivered to
Michele Goins, 104 N. Riverside Drive, Edgewater, FL 32132. The City must
receive five (5) copies of the Commitments by 2:00 P.M. on Wednesday, January
2, 2002. No late commitments will be considered after the appointed time and
date. Commitments must be submitted in a sealed envelope plainly labeled with
the firm's name and address and marked as followed: "RFC #00-01 CITY OF
EDGEW A TER WATER AND SEWER LOAN AND GENERAL FUND
CAPITAL IMPROVEMENTS LOAN".
C. SUBMISSION OF COMMITMENTS
1. Acceptance/Reiection/Modification to Commitments
The City of Edgewater reserves the right to negotiate modifications to Bids
that it deems acceptable, to reject any and all bids, and to waive minor
irregularities in the procedures.
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DRAFT
2. Commitments Binding
No Commitments may be withdrawn and all Commitments must remain
opened for acceptance by the City for not less than thirty (30) days. After
acceptance by the City, closing will occur within thirty (30) days of the
Commitment submission date.
D.
ADDITIONAL INFORMATION
Financial information regarding the Pledged Revenues, Project Costs and/or
Annual Financial Reports and Budgets of the City can be obtained from the City's
Finance Director, Michele Goins at (386) 424-2471.
'7
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DRAFT
CITY OF EDGEW A TER
REQUEST FOR LOAN COMMITMENT
WATER AND SEWER NOTES, SERIES 2002
Summary of Proposed Terms
Issuer/Borrower:
City of Edgewater, Florida ("City")
Amount:
$5,140,000 Water and Sewer Notes ("Notes")
Bank Qualifications: The Notes will not expected to qualify under Section 265(B)(3) of
IRS Code. Please state whether your financing will require a tax-
exempt legal opinion from the City's Bond Counsel.
Award Date:
An award by the City Council is expected on February 18,2002.
Funding Date:
On or before March 18, 2002.
Commitment Date: Commitments will be received no later than 2:00 P.M. on
Wednesday, January 2,2002 to: Michele Goins, Finance Director,
City of Edge water, 104 N. Riverside Drive, Edgewater, FL 32132.
Telephone (386) 424-2471.
Financing Structure: The City is requesting financing in an amount up to $5,140,000 to
be amortized according to the repayment terms herein.
Purpose of the Loan: The Notes proceed will be used to provide the necessary funds for
improvement to the existing Water and Sewer System.
Authority:
The Notes are being issued by Ordinance authorizing the issuance
of the Notes. The Resolution will define the terms and conditions
of the Notes.
Security:
The Notes will be payable from a junior lien on the respective
Water and Sewer System net revenues, allowable impact fees, and
first lien on County assessment.
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Rate Quote:
Legal Opinion:
Fees and Expenses:
Repayment terms:
Final Maturity:
Repayment:
DRAFT
The City will receive and consider a fix and/or variable rate on the
Notes.
Prepayment terms-see below.
The qualifying proposer will furnish an approving opinion subject
to review by the City's Bond Counsel and City Attorney.
State what fee and expenses of the Lender (if any) will be
applicable. All fees and expenses of the Lender and their Counsel
or other representatives of the Lender shall be the obligation of the
Lender; however such amount may be deducted from the principal
amount of the borrowing at closing. Such costs will be factored in
determining the most favorable proposal.
The fees and expenses of the City's Attorneys, Financial Advisor
and their representatives will be the obligation of the City and will
not be factored into the bid calculations.
Interest payable monthly or semi-annually at the discretion of the
Bidder. Principal will be paid in yearly installments.
September 30, 2012.
Bidder will specify prepayment restriction and penalties, if any.
Rates quoted should reflect if there is a non-repayment period.
Commitment award: The award will be made on the most favorable Commitment in the
sole judgment of the City.
"1
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DRAFT
CITY OF EDGEW A TER
REQUEST FOR LOAN COMMITMENT
GENERAL FUND CAPITAL IMPROVEMENTS, SERIES 2002
Summary of Proposed Terms
Issuer/BoITower:
City of Edgewater, Florida ("City")
Amount:
$2,540,000 General Government Notes ("Notes")
Bank Qualifications: The Notes will note be expected to qualify under Section
265(B)(3) ofIRS Code. Please state whether your financing will
require a tax-exempt legal opinion from the City's Bond Counsel.
Award Date:
An award by the City Council is expected on February 18, 2002.
Funding Date: On or before March 18, 2002.
Commitment Date: Commitments will be received no later than 2:00 P.M. on
Wednesday, January 2,2002 to: Michele Goins, Finance Director,
City of Edgewater, 104 N. Riverside Drive, Edgewater, FL.
Telephone (386) 424-2471.
Financing Structure: The City is requesting financing in an amount up to $2,540,000 to
be amortized according to the repayment terms herein.
Purpose of the Loan: The Notes proceed will be used to provide the necessary funds for
improvements to various general fund projects, including but not
limited to: Fire Pumper, Dale Street Road Construction,
Realignment of Air Park Road and computer equipment.
Authority: The Notes are being issued by Ordinance authorizing the issuance
of the Notes. The Resolution will define the terms and conditions
of the Notes.
Security:
The Notes will be payable from a first lien on non ad-valorem
revenues excluding franchise fees.
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DRAFT
Rate Quote:
The City will receive and consider a fix and/or variable rate on the
Notes.
Prepayment terms-see below.
Legal Opinion:
The qualifying proposer will furnish an approving opinion subject
to review by the City's Bond Counsel and City Attorney.
Fees and Expenses: State what fee and expenses of the Lender (if any) will be
applicable. All fees and expenses of the Lender and their Counsel
or other representatives of the Lender shall be the obligation of the
Lender; however such amount may be deducted from the principal
amount of the borrowing at closing. Such costs will be factored in
determining the most favorable proposal.
The fees and expenses of the City's Attorneys, Financial
Consultant and their representatives will be the obligation of the
City and will not be factored into the bid calculations.
Repayment of Terms: Interest payable monthly or semi-annually at the discretion ofthe
Bidder. Principal amount will be payable annually.
Final Maturity:
September 30,2012.
Prepayment:
Bidder will specify prepayment restriction and penalties, if any.
Rates quoted should reflect if there is a non-prepayment period.
Commitment A ward: The award will be made on the most favorable Commitment in the
sole judge of the City.
.'
'6~
AGENDA REQUEST
~
Date: November 26,2001
x
ORDINANCE
CORRESPONDENCE
PUBLIC HEARING
CONSENT
ITEM DESCRIPTION:
Recommendation of Notice of Intent to Award for Bid #01-WW-02 Advanced Wastewater
Treatment Facility Reclaimed Water System Improvements.
RESOLUTION
OTHER BUSINESS
BACKGROUND:
On September 10, 2001 the City Council rejected all bids on Bid#O 1- WW -01 Advanced Wastewater
Treatment Facility Reclaimed Water System Improvements, based on a staff recommendation to
reject the two bids received due to the low number of bidders and the cost which exceeded the
engineer's estimate, as well as authorized the City's purchasing Agent to re-advertise the project.
The City re-advertised the project with minor changes to the bid documents based on input received
during the bidding process. On Tuesday, October 16th, 2001, the City of Edgewater received three
bids from licensed contractors in the State of Florida.
Q
ST AFF RECOMMENDATION:
After review of the three bids by Staff and the design engineers for the project, Professional
Engineering Consultants, Inc. (PEC), Staff recommends the low bidder for the job, Wharton-Smith,
Inc. be issued a Notice oflntent to Award for the City ofEdgwater Advanced Wastewater Treatment
Facility (A WTF) Reclaimed Water Improvements, Rebid #01- WW -02 based on a total bid proposal
of $2,092,000. After Wharton-Smith, Inc. provides the necessary paperwork, the construction
contract documents will be signed.
ACTION REQUESTED:
Motion to authorize a Notice oflntent to Award to Wharton-Smith, Inc. for the A WTF Reclaimed
Water Improvements at a bid proposal of$2,092,000 and authorize the City Manager to execute the
contract documents on behalf of the City upon receipt of insurance, bonds and other documentation.
FINANCIAL IMP ACT: (FINANCE DIRECTOR) $2.092.000
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) subiect to approval ofRFP (revenues
and expenses were budgeted).
PREVIOUS AGENDA ITEM: YES X NO
DATE:
11/12/01
AGENDA ITEM NO.
8C
o
Respectfully submitted,
~~~
Michele L. Goins, CPA
Finance Director
Concurrence:
~-jV-Y-'Cf( -1..-' ~ 'c 1\
Robin Matusick l
Legal ssistant
Ke eth R. Hooper
City Manager
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PROFESSIONAL ENGINEERING CONSUL TANTS, INC.
October 19, 2001
EW-005
2-2.0
Mr. Terry A. Wadsworth
City of Edge water
P.O. Box 100
Edgewater, FL 32132-0100
SUBJECT:
City of Edge water
Advanced Wastewater Treatment Facility Reclaimed Water Improvements
Rebid No. 01-WW-002
RE:
Recommendation of Award
Dear Mr. Wadsworth:
On Tuesday, October 16,2001, the City of Edge water received sealed construction bids for
the referenced project from three (3) contractors. The attached tabulation of bids represents
a summary of unit prices by each respective Bidder. Mathematical errors, omitted items or
incorrect extensions, ifany, are noted at the end of the summary. The bid tabulation summary
depicts Wharton-Smith, Inc. as the apparent low bidder with a total bid price of$2,092,000.
The second apparent low bidder is Speegle Construction II, Inc. with a corrected total bid
price of $2, 122,000. The highest total bid amount bid price is $2,226,000 submitted by
McMahan Construction Co., Inc. The Engineer's construction estimate is $1,890,000
including contingencies.
The bid proposals of the three (3) bidders are complete and properly executed as indicated
in the attached Bid Checklist and Reference form. All bidders have acknowledged receipt of
all addenda as prescribed and have submitted proposals which we believe are in conformance
in all material respects to the invitation for bids and are therefore responsive bids.
Based upon the information presented in the bid proposal Questionnaire, each of the three (3)
bidders are licensed contractors in the State of Florida and seem to possess the equipment
necessary to perform the classes of work contemplated within the time specified. We have
also previously contacted references for each of the two (2) apparent low bidders: Wharton-
Smith, Inc. and Speegle Construction II, Inc. As directed by the City, the Reference Form for
the two (2) apparent low bidders submitted with the Recommendation of Award for Bid No.
01-WW-01, will be resubmitted as part ofthe Recommendations for Rebid (Bid No. Ol-WW-
02).
Based on our review of the qualification submittals from each of the three (3) bidders, our
conversations with the respective references and our analysis of the bid tabulation, we find that
Wharton-Smith, Inc. is the lowest bidder. We recommend that the above referenced
construction contract be awarded to Wharton-Smith, Inc. based upon the total bid proposal
of$2,092,000. The award of this Bid, however, may be based on considerations other than
total bid cost. The City of Edge water reserves the right to accept the Bid which is in the best
interest of the City upon review of the City's attorney.
r 'D/I1,', 'If)!; '.1: ({ ,unitt
t-~:~-:.- :" Sl1t.'~ (,J'f- >or. ;,: r'L
.;80; . JO~ ,:22806: . FAX 407 84S, .401
Mr. Terry Wadsworth
October 19, 2001
Page 2
u
If you have any questions or comments, please contact me at your earliest convenience.
Sincerely,
PROFESSIONAL ENGINEERING CONSULTANTS, INe.
~/It.~ r
Arthur R. Austin, P.E.
Principal/Manager - Environmental Department
ARNcs
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Enclosures: Bid Tabulation
Bid Checklists and References
Bid Opening Summary
cc: Ken Hooper, VP, PEC
Stephanie Chang, PEC
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BID CHECKLIST
PROJECT DATA BIDDER INFORMATION
Owner: City of Edgewater Name: Wharton-Smith, Inc.
Location: 104 N. Riverside Drive Address: 750 County Road 15
Edgewater, FL 32132 P.O. Box 471028
Lake Monroe, FL 32747
Contract: Advanced Wastewater Treatment Contractor's No.: CG-C032669
Facility Reclaimed Water System
Improvements
Rebid No. 0 I - WW -02
II I! I I!!!:::II!II . ........ . ,............-.-..
...................ChcckOnc:'..::......."
. ........... .. ....
:..... ....... .(
.:: ....... ........ .NoT TN/A.
. .: . .. HVcsT ...
h.
Acknowledges all Addenda?
Indemnification (Minimum $1 ,OOO)? ... II
Balanced Bid (Section 00400)? "::\1: ......
Extensions correct?
Incomplete unit prices?
Mobilization less than 5% of bid?
Conditional bid? ...::v.n
Schedule of Base Bid Manufacturers? I".:","':., ...: I
Bid Proposal properly signed?
Serious bid omissions? .:'\//::
Unauthorized alterations of form? .. Vi''''
Questionnaire Completed (Section 0040 I )? >.V.....
Subcontractors less than 50% of bid amount .i
(Section 0040 I)?
~.h --:c
Project Experience References I.
(Section 0040 I)?
Compliance with Florida Trench Safety Act IW.":"
(Section 0040IA)? h..:.:'''::
Drug-Free Workplace Certification 1):<:'
(Section 0040IB)?
MBEIWBE Submittal (Section 0040 I C)? .,
..
5% Bid Bond (Section 00430)? /V
Corporate Authority (Section 00430)? ....:.... ./
Power of Attorney? J
Noncollusion Affidavit (Section 00450)? .: ..Z.
Certification of Non-Segregatcd Facilitics ... ./ ..
(Section 00451)?
Sworn Statement on Public Entity Crimcs ./
(Section 00452)?
Non-Discriminatory Labor Practices ./
(Section 00453)?
Q
o
in box for properly completed Bid.
K:\...\REBIDCHKLST
-1-
EW-005/2.0 (10/19/01)
PROJECT DATA
Owner: City of Edgewater
Location: 104 N. Riverside Drive
Edgewater, FL 32132
u
Contract:
Advanced Wastewater Treatment
Facility Reclaimed Water System
Improvements
Rebid No. 01-WW-Ol
m!m
0:::'.
Acknowledges all Addenda?
Indemnification (Minimum $1 ,OOO)?
Balanced Bid (Section 00400)?
Extensions correct?
Incomplete unit prices?
o
Mobilization less than 5% of bid?
Conditional bid?
Schedule of Base Bid Manufacturers?
Bid Proposal properly signed?
Serious bid omissions?
Unauthorized alterations of form?
Questionnaire Completed (Section 0040 I)?
Subcontractors less than 50% of bid amount
(Section 00401)?
Project Experience References
(Section 00401)?
Compliance with Florida Trench Safety Act
(Section 00401A)?
Drug-Free Workplace Certification
(Section 0040 I B)?
MBE/WBE Submittal (Section 0040 I C)?
5% Bid Bond (Section 00430)?
Q
Corporate Authority (Section 00430)?
Power of Attorney?
NoncolIusion Affidavit (Section 00450)?
Certification of Non-Segregated Facilities
(Section 00451)?
Sworn Statement on Public Entity Crimes
(Section 00452)?
Non-Discriminatory Labor Practices
(Section 00453)?
in box for properly completed Bid.
K:\...\REBIDCHKLST
BID CHECKLIST
BIDDER INFORMA nON
Name:
Address:
Speegle Construction II, Inc.
P.O. Box 2089
Cocoa, FL 32923-2089
Contractor's No.: CG-C059415/CG-C000789
",................ChcckOnc............:.....
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Incorrect addition of Total Base Bid
Items 1-7. Corrected amount is
$21,000 lower.
5% based on incorrect total bid
amount.
EW-005/2.0 (10119/01)
o
BID CHECKLIST
PR OJEcr DATA BIDDER INFORMATION
Own er: City of Edgewater Name: McMahan Construction Co., Inc.
Lac ation: 104 N. Riverside Drive Address: P.O. Box 223
Edgewater, FL 32132 DeLand, FL 32721-0223
Con tract: Advanced Wastewater Treatment Contractor's No.: CG-CI0240
Facility Reclaimed Water System
Improvements
Rebid No. Ol-WW-Ol
n- iii:!1 ................ .clibck (j.l~"'.'....'."'...' I I III! ...........
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HYcs .... .HN/A..'
Ac knowledges all Addenda?
Inde mnification (Minimum $1 ,OOO)?
Bal anced Bid (Section 00400)? /:V .....
Exte nsions correct? n/7/ ..
Ineo mplete unit prices? /V':::
Mo bilization less than 5% of bid? ~
Con ditional bid? HHVC
Sch edule of Base Bid Manufacturers?
Bid Proposal properly signed?
Seri ous bid omissions? ~
Una uthorized alterations offonn? >:V/:
Que stionnaire Completed (Section 00401)? Did not list total amount for total
subcontract amount not-to-exceed
(Item #6).
Sub contractors less than 50% of bid amount
(S ection 00401)?
Proj ect Experience References ,..n:
(S ection 00401)?
Com pliance with Florida Trench Safety Act ........
(S ection 0040IA)?
Dm g-Free Workplace Certification TI%.!::I
(S ection 00401 B)?
MB E/WBE Submittal (Section 0040 I C)? 1....../..,......
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5% Bid Bond (Section 00430)? '../
Co rporate Authority (Section 00430)? 7.....
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Pow er of Attorney? :.::~ ;~;~~~:::
Non collusion Affidavit (Section 00450)? ....;/
Cert ification of Non-Segregated Facilities t/
(Se ction 00451)?
Swo rn Statement on Public Entity Crimes /
(Se ction 00452)? .'
Non -Discriminatory Labor Practices I... /
(S cetion 00453)?
Q
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if in box for properly completed Bid.
K:\...\REBIDCHKLST
-3-
EW-005/2.0 (10/19/01)
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SECTION 00510
NOTICE OF (INTENT TO) AWARD
Date:
(Contractor)
Project: ~~mv;A.:'IE1l
=:;~~~
QJUQ
Jllm\l~~~
Date of Bid Opening: You are notified that your bid dated , 20 for the above
Contract has been considered aDd the OWNER, ~~iY1Qli~~~~ti-l.Q'd(ljl, expects to award you a contract for:
(Indicate total Work, alternates or sections of Work awarded.)
The Contract Price of your contract is .
(in words)
).
Dollars ($
(in numbers)
Six (6) copies of eacb of the following proposed Contract Documents (except Project Manual and Drawings)
accompany this Notice of Intent to Award: ..
Agreement Between Owner and Contractor
Performance Bond
Payment Bond
Certificate of Insurance and Endorsement - Workman's Compensation.
Certificate of Insurance and Endorsement - Comprehensive General Liability
Notice of Intent to Award
You must comply with the following conditions precedent to the award of the contract within ten (10) days of the date
of this Notice of Intent to Award, that is by . 20_
1. You must deliver to the OWNER four (4) fully executed counterparts of the Agreement.
2. You must deliver with the executed Agreement the Payment and Performance Bonds in the form specified in the
Bidding Documents. .
EW-005/2.0 (09/11/01)
REBID - 00510-1
--
3. Yon must provide in writing the correct name and address of the surety which is providing the Payment and
Performance Bonds and the correct name and address of the surety's resident agent for service of process in
Florida.
4. Yon must deliver with the executed Agreement completed Certificates and Endorsements of Insurance in the form
specified in the Bidding Documents.
u
Failure to comply with these conditions within the time specified will entitle the OWNER to consider your Bid aban-
doned. to annul this Notice of Intent to Award. and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions. the OWNER will return to you one fully signed
counterpart of the Agreement with the Contract Documents attached.
OWNER: Iill:I'.r~Otii'JiO<ffiW.A'lIE.R~lUD~
(Authorized Signature)
u
~t~W:~~~~~~~~;i
P~j9E'"EJ!.~ta1r~~'Ce$1$fi1i1iffffJ2#i0+~r~~
Copy to Engineer
(U se Certified Mail.
Return Receipt Requested)
Aclcnowled2e Receipt of Notice
CONTRACTOR:
By:
(Signature)
(print or type name)
(fille)
ate
END OF SECflON
<J
EW-00512.0 (09/11/01)--
. REBID - 00510-2..
()
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SECflON 00520
AGREEMENT
TIllS AGREEMENT is dated as of the day of in the year 20_ by and between the ~gJ.Y
Q~~.k~.lO~, a municipal corporation, hereinafter called the OWNER, and
. , hereinafter called the CONTRACTOR.
oWNER and CONTRACfOR, in consideration or the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete all Work: as specified or indicated in the Contract Documents. The Work: is generally
described as follows:
EI'lNID" iEt"ElKiEWiA:r.rER.
- ... --.
i-.:. .~.:~_ ,*",..., CO,.:,.. ;"T~-...... ~;. :.i: :-,..:;...~...:. :-:-:
t\1lVAN~P\WASTEWA~T~-'Ji'AlQmJJ~
mtml@~l~~!,!'lY.~',g~~,.I!t~P~~~
~m
~1!>f{l~IJ)ltf~~~
:r~~~~=1~~
&j~11i~~t?i'ii~~uon~pni~alrni6~[QiD!itiq:an~!9~o[Ul~tgmUJflf~Jt~~
~!iJC,Jk.~~OiCattP~4Jgej~~,j!ilifLon;:off:tleW:~~1ei~1tif~~~1(IJ~rJ~~JaiDiil
~j!i:mJ!i~.$.Iil~fW~~~~~git~~rrlgifillt~g~~&p.~lti~tffim~~~l~~i9.~~~fjt~~Y.!m1
~tP:~~it~i~i;,[sl~~~tiiP-1~~~~l:'):fu~~1~j1iQ.~liji[~~1
ARTICLE 2. ENGINEER
The Project has been designed by Professional Engineering Consultants, Inc. (pEC), who is hereinafter called
ENGINEER and who is to act as Owner's representative, assume all duties and responsibilities and have the rights
and authority assigned to ENGINEER in the Contract Documents in connection with completion of the" Work: in
accordance with the Contract Documents.
. .
ARTICLE 3. CONTRACf TIME
3.1 The Work. shall be Substantially Complete (successful pressure testing and bacteriological testing of
completed potable water pumping station and completion of acceptable potable Water Demonstration Test
of the completed facility) in 1Rw.Cii~Jll1~~d[~f!i.JYl.~7m consecutive calendar days from the effective
date of the Notice to Proceed as provided in paragraph 2.3 of the General Conditions (Commencement of
Contract Time; Notice to Proceed).
3.2
The Work shall be Finally Completed and ready for final payment in accordance with paragraph 14.13 of
the General Conditions (Final Payment and Acceptance) within TIi~':H@.diliE@Q9) consecutive calendar
days from the effective date of the Notice to Proceed as provided in paragraph 2.3 of the General Conditions
(Commencement of Contract Time; Notice to Proceed).
3.3
As provided in paragraphs 3.1 and 3.2 above, the Work will be substantially completed on or before~,
20 , and completed and ready for final payment on or before , 20 -.
EW-00512.0 (09/12/01)
REBID - 00520-1
3.4
OWNER and CONTRACfOR recognize that time is of the essence of this Agreement and-that OWNER will
suffer financial loss if ~e Work is not Completed within the times specified in paragraph 3.3 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions (Final Payment and
Acceptance). They also recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding 'the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACfOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACfOR shall pay OwNER ~~~'j doUars
!OC$~mI@J!j for each day that expires beyond the time specified in paragraph 3.3 above for substantial
completion and ~"Ei~B~j dollars IW3Xi)) for each day that expires beyond the time specified in
paragraph 3.3 above for final completion (readiness for final payment).
o
3.5 In addition to the liquidated damages, there shaU be additional ~es paid by the Contractor to the Owner
for inexcusable delays by Contractor. These actual delay damages will include, but not be limited to, delay
damage settlements or aWards owed by Owner to others, inspection and engineeriDg services, delay penalties,
fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including
attorneys' fees) incurred by Owner in connection with such settlements, awards, delay penalties. regulatory .
fines or penalties, and con.tract damages.
ARTICLE 4. CONTRACf PRICE
4.1
OWNER shall pay CONTRAcrOR for performance of the Work in accordance with the Contract Documents
in current funds at the lump sum Contract Price of
o
(words) (numbers)
or unit prices presented on th.e Bid Form, Schedule of Bid Items attached to this Agreement.
4.2
The CONTRAcrOR agrees that the Contract Price is a stipulated sum except with regard to those items in
the Bid which are subject to unit prices and agrees to perform all of the WORK as described in the
CONTRACf DOCUMENTS, subject to additions and deductions by Change Order, and comply with the
terms therein for the :'li1!!l.rij:SWnj'ifii~ stated in the attached Bid Schedule of the Bid Form. .
ARTICLE 5. PAYMENT PROCEDURES
CONTRACfOR shall submit applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis
of CONTRACTOR' S Applications for Payment as recommended by ENGINEER on or before the ~lJ.i
day after the end of each month for which payment is requested as provided in paragraphs 5.1.1 and 5.1.2
below. All such progress payments will be on the basis of tbe progress of the Work measured by the
Schedule of V alues established in paragraph 2.9 of the General Conditions (Finalizing Schedules) (and in the
case of Unit Price, Work based on the number of units completed) or, in the event there is no schedule of
values, as provided in the General Requirements.
u
5.1.1 Prior to Substantial Completion (paragraph 3.3 above), progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less
such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7
of the General Conditions (Review of Application for Progress Payments).
N~~~fj(~!t%J of the value of Work completed, and ~~I~~.!X2Q~1 of the value
of materials and equipment not incorporated into the Work but delivered and suitably stored and
EW-005/2.0 (09/12/01)
REBID - 00520-2
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5.2
accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions; with the balance of the value of the Work being retainage. At the sole
discretion of the Owner, after ~~t[(~g~jjj of the Work is completed, further monthly
. progress payments may be made in full, with no additional retain~ge, provided that: (a)
Contractor is making satisfactory progress, and (b) Contractor is in full compliance with the
currently accepted progress schedule, and (c) there is no specific cause for greater withholding.
However, the Owner may subsequently resume retaining lfeIl~(4t).~ of the value ofW ork
completed and materials delivered if, in the sole determination of the Owner, the Contractor is not
performing according to the Contract Documents or not complying with the current progress
schedule.
Upon Substantial Completion in an amount sufficient to increase total payments to COI'ITRACTOR to ~~~
~~~}1 of the Contract Price (with the balance of the Value of the Work ~ing retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of
the General Conditions (Review of Application for Progress Payoients).
Final Payment _ Upon final completion and acceptance of the Work in accordance with Paragraph 14.13 of
the General Conditions (Final Payment and Acceptance), as supplemented, OWNER shall pay Contractor
an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than
.~ percent (~) of the contract price shall be retained until Record Drawings, specifications, addenda,
modifications and shop drawings, including all manufacturers instructional and parts manuals, are delivered
to and accepted by the ENGINEER.
o
ARTICLE 6. INTEREST
All monies not paid when due as provided in Article 14 of the General conditions shall ~r interest at the maximum
rate allowed by law at the place of the Project.
ARTICLE 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
7.1
r
7.2
I' 7.3
I. 7.4
'".,.
t-
CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed
in paragraph 8),and the other related data identified in the Bidding Documents including -technical data."
CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site
conditions that may affect cost, progress, performance and furnishings of the Work.
CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that
may affect cost, progress, performance and furnishing of the Work.
CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or
contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground Facilities) which have been identified in Section
00300 -Information Available to Bidders". CONTRACTOR accepts the determination set forth in paragraph
SC-4.2 of the Supplementary Conditions of the extent of the "technical data-contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General
Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and
. EW-005/2.0 (09/12/01)
REBID - 00520-3
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7.5
ENGINEER do not assume responsibility for the accuracy or completeneSS of information and data shown
or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site.
CONTRACTOR bas obtained and carefully studied (or assumes responsibility for baving done so) all such
additional supplementary examinations, investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which
may affect costs, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and
safety precautions and programs incident thereto. . CONTRACTOR does not consider that any additional
examinations, investigations, 'explorations, tests, studies or data are necessary for the performance and
furnishing of the Work. at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.6 CONTRACTOR is aware of the general nature of work. to be performed by OWNER and others at the site
'. that relates to the Work as mdicated in the Contract Documents.
7.7 CONTRACTOR bas correlated the information known to CONTRACTOR, information and observations
obtained from visits to the site, reports and drawings identified in the Contract Documents and all alditional
examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.8
o
CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies
.that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally .sufficient to
indicate and convey understanding of all terms and conditions for performance and furnishing of the Wode.
7.9 CONTRACTOR shall perform work with a value of not less than fifty percent (50%) of the Contract Price
. with his own forces.
8.1
8.2
8.3
8.4
8.5
0 8.6
8.7
ARTICLE 8. CONTRACT DOCUMENTS
The Contract Doc~ments which comprise the entire agreement between OWNER and CONTRACTOR concerning
the Work are attached to this Agreement, made a part hereof and consist of the following:
This Agreement (Section 00520) (pages Ito ~2, inclusive).
Exhibits to this Agreement (sheets to
inclusive).
Performance Bond, Payment Bonds and Certificates of Insurance (Sections 00610, 00611 and 00620,
respectively).
NotiCe of (Intent to Award) and Notice to Proceed (Sections 00510 and 00550, respectively).
General Conditions (Section 00700 - NSPE - ACEC Document 1910-8 (1996 Edition), as modified and
supplemented.
Supplementary Conditions (Section 00800).
Project Manual bearing the general title 'G:r.lJ:Y:$Q}<'~~~IlGEY{A1'ER;~LQRIP^%tJW.YJ\NPEP,
~~*~~~~m'fItlf~g~~~~]hW~~J!~~):~EMf~l(Q'&~~
~WJ:.J!mJtlQ.~!~...::Q;2JJ~Th'QJ~~mM~~'B}7Q9!" and consisting of Divisions 0 through ~~,
as listed in the Table of Contents thereof.
EW-005/2.0 (09/12/01)
REBID - 00520-4
8.8
o
8.9
8.10
8.11
Drawings consisting of a cover sheet and the sheets bearing the following general title:
~~~~rit=~I~.4:~
iE@~}WA7rE!t1SY"STEMnn:RI)~~
gf:~m
J!m~,q.i[OJ.~}v~~
Addenda numbers -L to ~=~, inclusive.
CONTRACfOR's Bid (Section 004(0) (pages.L to ;r.l,~:~;[~, inclusive).
Documentation submitted by CONTRAcrOR prior to Notice of Award (pages
to
inclusive).
8.12 ,The following which may be delivered or issued after the Effective Date of the Agreement and are not
attached hereto: All applicable provisions of State and Federal Law, aU Written Amendments and other
documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and
3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted
otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only
o be a=nded. modifioo '" >upplemented '" provided m l""'"",pbs 3.5 ... 3.6 of lbe Gwenl Coodilions.
ARTICLE 9. MISCELLANEOUS
9.1
9.2
o 9.5
Terms used in this Agreement which are defined in Article I (Definitions) of the General Conditions shall
have the meanings indicated in the General Conditions, as modified in the Supplementary Conditions.
No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding
on another party hereto without the written consent of the party sought to be bound; and specifically, but
without limitation, moneys that may become due, and moneys that are due, may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any wriuen consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the
Owner may assign this contract to the State of Florida or any political subdivision, municipality, special
district or authority thereof without Contractor's consent and without recourse.
9.3
OWNER and CONTRACfOR each binds himself, his partners, successors, assigns and legal representatives
to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
9.4
Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner that each
of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by
either of the parties hereto against the other on any matters concerning or arising out of this Agreement.
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACfOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
EW-005/2.0 (09/12/01)
REBID - 00520-5
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on his behalf.
This Agreement will be effective on
,20_.
OWNER:
CONTRAcrOR:
mEiISITY;()FiEDGEW~TER~
mtV~EU~(€O~~E{}1ffij~
By:
By:
~fr~~w
~g~R,.~t<!~~:
Name:
(Type)
By:
Title:
ilM~Yor1
(SEAL)
(SEAL)
Attest:
Attest:
Title:
Title:
Of OWNER i. a public body, attach evidence of authority to
sign and rc:aolution or other documents authorizing execution
of Agreement.)
Of CONTRACTOR is a corporation, attach evidence of authority to
sign).
FOR USE AND RELIANCE ONLY BY THE CrrYE;OE'EDGEWATER
Address for giving notices: (Owner) Address for giving notices: (Contractor)
Mr. Terry Wadsworth
City of Edl!ewater
104 N. Riverside Drive
Edl!ewater, FL 32132
(904) 424-2462
Approved as to form and legality Florida State Contractor's
License No.
,20 .
Agent for Service of Process:
City Attorney
City of ~g:~l!~
END OF SECTION
.:
EW-OOS/2.0 (09/12/01)
REBID - 00520-6
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~-
SECTION 00540
INDEMNIFICATION AGREEMENT
(page 1 of 2)
City:
crm"€-OEEDGEWATER
-_._.__._.__.~._---------
Engineer:
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
ORLANDO, FLORIDA
Contract
Description:
AnYi?ANGmmA~~l1E.RSa'REAT1'JEN'[~- -€m-lD':
. - - - ' . -. . . . - - -. .
-..:. _ .:. J.. '"'0-;" ;..-~._..., ~;.;.:::q:._~..:...:;;,-, ;:.-.~~..L.-._. -~..;~,.-:-;.._~':-_.,;..; ,"'''. .... ...:.:,..~. .::,--;..~;... ~,/. -~. ,;:
~8WA'TERT~l1VEMEN'rS
.........~-""-'-'-'..:~~....... .-..._.._....'-'-'-'~-~~~~~'--'
REJlQ!
!l~~Q~!t~~;.UZ.
Hold HannlesslIndemnification: To the fullest extent permitted by laws and regulations, and in consideration of the
amount stated on the Bid proposal for indemnification, the Contractor shall defend, indemnify, and hold harmless the
City and Engineer, its offic~rs, directors, agents, guests, invitees, and employees from and against all claims,
damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of
engineers, architectS, attorneys, and other professionals and court and arbitration costs) arising out of or resulting
from any acts of commission, omission or negligence in the performance of the Work by the Contractor, any
subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any
of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder or arises by or is imposed by law and regulations regardless of the negligence of any
such party.
In any and all claims against the City or Engineer, or any of their officers, directors, agents, or employees by any
employee of the Contractor, any subcontractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, this indemnification
obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or
benefits payable by or for the Contractor or any such subcontractor or other person or organimion under workers'
or workmen's compensation acts, disability benefit acts, or other employee benefit acts, nor shall this indemnification
obligation be limited in any way by any limitation on the amount or type of insurance coverage provided by the City
or Engineer, the Contractor, or any of his subcontractors.
Subrogation: The Contractor and his subcontractors shall require their insurance carners, with respect to all insurance
polices, to waive all rights of subrogation against the City and the Engineer.
Limitation of Liability: For and in consideration of the sum provided in the Bid Proposal of
($
(words) (figures)
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Contractor shall indemnify and hold harmless the Owner and Engineer as provided herein.
The monetary limitation on the extent of the Contractor's liability for Indemnification shall be three times (3x) the
Contract Price or
(words)
($
).
(figures)
EW-00512.0 (09/12/01)
REBID - 00540-1
INDEMNIFICATION AGREEMENT
(page 2 of 2)
()
Nothing in this Indemnification Agreement shall be deemed to affect the rights, privileges and immunities of the City
as set forth in Florida Statutes 768.28.
The Indemnifications contained herein shall survive the expiration or earlier termination of the Contract Agreement.
By:
Name of Organization (Contractor)
ACKNOWLEDGMENT OF RECEIPT
Owner or Officer
CONSIDERATION FOR INDEMNIFICATION
Contractor hereby acknowledges receipt of $ as specific consideration for
indemnifications specified in the Contract Documents and any Addenda and modifications made thereto for a
project titled "~i~~T~g~~~lWan.~~~~~~4,7~t1ileIit;E~Ili~~~1~lWa(&'f:SY~~m
mrii9Y?'fiili~~~~r4'm~E!INmTl),mYa{~".
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Attest:
STATE OF
)
COUNTY OF
Name of Organization (Contractor)
By:
Owner or Officer
Corporate SecretarylWitness
The foregoing instrument was ac1cnowledged before me this , 20_ by
, of ' a
corporation, on behalf of the corporation. He/she is (personally known to me)
(or has produced) (as identification) and (did/did not) take an oath.
Signature of Person Taking ACKNOWLEDGMENT
Name of Ac1cnowledger
Q Title
Serial Number, if any
END OF SECTION
EW-005/2.0 (09/12/01)
REBID -00540-2
;.
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AGENDA REQUEST
Date: 10/25/0 I
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PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
OTHER
BUSINESS
xx
CORRESPONDENCE
ITEM DESCRIPTION:
Contract Administration and Resident
Project Inspection Services for Advanced
WWTF Reclaimed Water System Improvements
BACKGROUND:
Staff evaluated proposals from two of the City's continuing consulting engineering firms to
provide Contract Administration and Resident Project Inspection services for the Advanced
WWTF Reclaimed Water System Improvement Project. These services are necessary to ensure
the project is constructed per the FDEP and City approved construction drawings and
specifications. Dennis Norman, the City's Wastewater Plant Superintendent, will participate in
monitoring the day-to-day construction activity.
o STAFF RECOMMENDATION:
Staff recommends utilizing the services of Quentin L. Hampton Associates, Inc, to provide
Contract Administration and Resident Project Inspection Services for the City's Advanced
WWTF Reclaimed Water System Improvements. Criteria for selection was based upon approach
to the project, on-site inspection time, and the City's favorable track record utilizing this firm for
inspection services on major projects. (RIP, Park Avenue/Air Park Road Improvements, Skyway
Drive, and Flying M Boulevard).
ACTION REQUESTED:
A motion by Council to award a contract for Contract Administration and Resident Project
Inspection Services for the City's Advanced WWTF Reclaimed Water System Improvement
Project to Quentin L. Hampton Associates, Inc. at a cost of $49,104.00, and authorizing the City
Manager to execute the necessary contract documents on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
$49,104.00
.(.;
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
11/12/01
AGENDA ITEM NO.
8.0.
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Respectfully submitted,
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Department ffirector
CYo6.~~ A ~;.. K
Robin Matuslck \
Legal Assistant
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Kenneth R. Hooper
City Manager
C:\M yDociments\TerrysFiles\AgendaRequest
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RICHARD W. FERNANDEZ. PE.
MARK A HAMPTON. P.E.
BRAD 1. BLAIS. PE.
DAVID A KING. PE.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
po. DRAWER 290247
PORT ORANGE. FLORIDA 32129-0247
TELEPHONE
904/761-6810
FAX # 904/761-3977
October 3,2001
Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Edgewater, FL 31132-0100
EDGEW ATER ADVANCED WWTP RECLAIMED WATER SYSTEM IMPROVEMENTS
PROPOSAL FOR ENGINEERING SERVICES
(REVISED)
Dear Mr. Wadsworth:
We appreciate the opportunity to 0 ffer this proposal for the above referenced proj ect. This proposal reflects
the scope of work we have discussed over the last year which is specific for how the City wishes to pursue
this project. Our proposal of our Project Manager and the Construction Project Inspector providing
increased, higher qualified emp loyee participation in conjunction with the City's in-house inspector (Dennis
Norman) should provide for an efficient project team. Please note that this proposal includes revisions
made to our November 9, 2000 proposal. The revisions were made to more accurately reflect the
Construction Project Representative effort. The overall proposal cost increased slightly, although the Project
Representative's time will be billed as actual hours expended. The increase mayor may not be realized.
If selected we will provide efficient and effective contract administration and construction inspection for
the City of Edgewater on this project. Quentin L. Hampton Associates, Inc. (QLH) is well qualified to
provide the City with these services. Our firm has completed many of these types of projects over the last
several years.
We recently completed contract administration and inspection of the Wiley M. Nash WRF expansion for
the City of DeLand. The project involved expansion of the City's W.R.F. from a capacity of 4.0 MGD to
6.0 MGD. A new "carousel" was constructed in conjunction with new RAS & WAS sludge pumping
facilities. (QLH provided complete professional services to DeLand for this project, including design,
permitting, bidding, contract administration and inspection.) We are currently finishing the contract
administration and inspection for modification of Port Orange's WWTP. The project involves the
construction of sodium hypochlorite feed systems, emergency power generators, denitrification filter
upgrades, mixer rehabilitation and clarifier rehabilitation. Our firm is provided comprehensive project
design, contract administration and inspection services for this project.
The attached Scope of Services describes in detail the services which we understand are required and intend
to provide for this project. The Fee Proposal is also attached and is in conformance with the payment
schedule in our continuing services agreement which was executed March 15, 1999.
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The proposal includes resident project inspection. Since we are providing contract administration without
having designed the project, we would need to have a somewhat substantial presence during construction
so to limit our liability and provide adequate service to the City. Weare requesting a minimum amount of
inspection hours based on 16 hours per week for the project duration of 240 days. With some slack
construction time foreseen during the duration, this minimum amount will allow for more than 16 hours in
weeks of critical work. Our inspector would still work in conjunction with the City's project inspector
throughout the project.
We look forward to the opportunity to serve the City of Edge water on this project. If you have any questions
or comments, please call me.
TON ASSOCIATES, INC.
David A. King,
Project Manager
DAK:km
Enclosures: Scope of Services
Fee Proposal
cc: Edgewater file
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WORK ORDER NO. ~
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT:
Engineering Services for the City of Edgewater
Advanced Wastewater Treatment Plant
Reclaimed Water System Improvements
Contract Administration and Resident Project Inspection Services
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 6, by City, shall serve as authorization for Engineer to
provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform
professional services relating to Contract Administration and Resident Project Inspection for the City
of Edge water as detailed in the Scope of Services and Fee Proposal (attached and incorporated herein
as Exhibir"A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order are for an estimated construction
time of 240 days.
COMPENSA TION:
The fee for these services will not exceed an amount offorty-nine thousand one hundred four
dollars and 00/1 00 ($49,] 04.00) with the Resident Project Inspection portion of this fee billed based
upon actual expended hours/expenses. Each invoice shall also be accompanied by a written
concurrence from the Director of Environmental Services.
(Agreement/Quel1linHampton- W orkOrder#6)
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Dated:
WITNESSES:
(Agrccmcnt/QucntinHampton- W orkOrdcr#G)
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City Manager
QUENTIN L. HAMPTON
ASSOCIATES,INC.
By:
Mark A. Hampton, P.E.
Vice President
Dated:
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SCOPE OF SERVICES AND FEE PROPOSAL
EDGEW A TER ADVANCED W.W.T.P. RECLAIMED WATER SYSTEM IMPROVEMENTS
CITY OF EDGEW A TER
GENERAL
This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement
between the City of Edge water (City) and Quentin L. Hampton Associates, Inc (QLH) that was executed on
March 15, 1999. The proposal is based upon the proposed improvements to the WWTP described in
the construction plans and specifications prepared by Professional Engineering Consultants, Inc. (PEC),
dated July, 2001 and an estimated construction time of240 days.
TASK 1 - PRELIMINARY DESIGN PHASE
No services of this type is requested from QLH at this time.
TASK 2 - FINAL DESIGN PHASE
No services of this type is requested from QLH at this time.
TASK 3 - BIDDING PHASE
No services of this type is requested from QLH at this time.
TASK 3 - CONSTRUCTION PHASE
It is understood that the City will retain Professional Engineering Consultant's (PEC's) services in a limited
capacity during this phase ofthe project. PEC will provide assistance during construction, as required. This
may include interpretation/clarification of the project documents and other work required. City shall provide
QLH electronic copies of all contact documents prepared by PEe.
Contract Administration: QLH will provide the following:
Schedule, coordinate, attend and preside over a preconstruction conference, including
preparation of agenda and preparation/distribution of minutes.
Schedule, coordinate, attend and preside over monthly progress conferences, including
preparation of agenda and preparation/distribution of minutes.
Visit work site at regular (weekly) intervals to review Contractor's work.
Review/approval of submittals.
Review and respond to Contractor's requests for infom1ation (RFI's).
Review test reports.
Review, recommend and assist City in negotiation of change order(s). Prepare paperwork.
Review/approval of Contractor's monthly pay requests.
Participate in final inspection(s) and start up(s).
Prepare punch list.
Revicw, approvc and process contract closeout paperwork i ncl ud i ng warranties, as-bu i Its
Slll"veys, operat ion and ma i ntenzlllCC manua I s. cert i ri cat ions, a nd perm i t agency approv:1i s
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QLH will also annotate and amend the contractor supplied as-builts with additional
information collected by the Resident Project Inspector during the project.
Quality control will be completed by the Peer Engineer in the form of work product review and consultation.
Residellt Project Illspectioll: QLH will provide the following:
.
One resident project inspector for "part-time" (average 16 hours per week for 30 weeks)
inspection for the duration of the project. The inspector will work in conjunction with a
City-employed inspector.
Observe the construction activities.
Verify conformance with contract documents.
Review/observe all required tests.
Maintain a detailed log including red-lined construction drawings.
Field verify all work quantities.
Collect/forward citizen complaints.
Field direct the contractor as necessary.
.
.
.
.
.
.
.
Quality control will be completed by our Inspection Department Manager (Construction Project Manager)
and the Project Manager in the form offield visits and work product review.
Estimated Fees:
QLH proposes to provide the professional services listed above for $49,104.00, with the Resident Project
Inspection portion of this fee billed based upon actual expended hours/expenses.
DETAILED ITEMIZATION OF PROPOSED FEES
EDGEW A TER ADVANCED W. W.T.P. RECLAIMED WATER SYSTEM IMPROVEMENTS
CITY OF EDGEW A TER
U TASK 1 - FINAL DESIGN PHASE
N/A
TASK 2 - BIDDING PHASE
N/A
TASK 3 - CONSTRUCTION PHASE
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PERSON/ROLE ESTIMA TED HOURS @HOURLY EXTENDED COST
RATE
Project Manager 160 hours @ $95.00/hr $15,200.00
Professional Engineer (Lead) 140 hours @ $68.00/hr $9,520.00
Professional Engineer (Peer) 8 hours @ $68.00/hr $544.00
CADD Operator 40 hours @ $45.00/hr $1,800.00
Senior Secretary 80 hours @ $28.00/hr $2,240.00
Administrative Aide 24 hours @ $30.00/hr $720.00
Construction Project Rep. 480 hours @ $37.50/hr $18,000.00
Construction Project Rep. 3600 miles @ $0.30/mile $1,080.00
Mileage
Total Construction Phase Fee $49,104.00
TOTAL FEE FOR TASKS 1,2, and 3
$49,104.00
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Prepared by:
QUI-:NTIN L. HAMPTON ASSOCIATES. INC
-Consulting Engineers-
October 1. 2001
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AGENDA REQUEST
Date: November 26. 2001
o PUBLIC HEARING RESOLUTION ORDINANCE
CONSENT OTHER BUSINESS X CORRESPONDENCE
ITEM DESCRIPTION:
Request Council to award re-roofing of City Hall and Council Chambers to Advanced
Weatherproofing Systems, Inc. in the amount of$44,300 plus $40.00 per sheet of plywood that has
to be replaced due to water damage .
BACKGROUND:
The condition of the roof at City Hall and the Council Chambers has deteriorated over the past few
years. Although the maintenance staff has tried to repair the roof, the damage is too extensive in
some areas for City's repair. The City has received three quotes from businesses for the City Hall
roof, and the lowest quote was from Advanced Weatherproofing Systems, Inc. in Edgewater. Since
this company was the lowest quote, the City requested them to include an estimate for the Council
Chambers. Although normally an expense over $15,000 would require the City to go out for bid,
the Council has the ability to declare such an expense an emergency. In this case, due to the damage
to the roof, the declaration of an emergency is requested.
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STAFF RECOMMENDATION:
Staff recommends approval of contracting with Advanced Weatherproofing Systems, Inc. to
repair/replace the City Hall and Council Chambers roofs in the amount of $44,300 plus $40.00 per
sheet of plywood that has to be replaced due to water damage.
ACTION REQUESTED:
Motion to approve contract with Advanced Weatherproofing Systems, Inc. to repair/replace the City
Hall and Council Chambers roofs in the amount of $44,300 plus $40.00 per sheet of plywood that
has to be replaced due to water damage and authorize the Mayor or City Manager to sign contract.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED}
PREVIOUS AGENDA ITEM: YES
NO
DATE:
AGENDA ITEM NO.
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Respectfully submitted,
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Michele L. Goins, CPA
Finance Director
Concurrence:
Q~--y,' A./:)(;'J\
Robin Matus ck \.
Legal As i t
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Kenneth R. Hooper
City Manager
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...JV ANCED WEATHERPROOFING SYSTEMS, INC.
P.O BOX 492
Edgewater, FL 32132
State License # CC-C053878
Phone (904) 423-3076
Fax (904) 423-0353
I 1/16/0 I
To: City 0 f Edgewater
Attn.: Julie
Re: Community Center/Building Dept./Citizen's Police Dept. Building
Aws will provide all permits, insurance, manpower and supervision to complete this project.
Scope of work
. Tear off existing roof ~.cO
. Replace any rotten decking at a cost of$~per sheet for plywood and $4.00 per foot. for 2
by fascia
. Nail down 43 LB base sheet
. Install new drip edge, lead boots and various flashings
. Hot mop modified membrane cap sheet
. Remove trash and debris
Warranty:
. 12 year manufacture
. 5 year labor
. All NC disconnect and reconnect will be at the City of Edgewater's expense
. Roof over Citizen's Police will have tapered insulation board installed at 1/8th " per foot to
remove ponding water
Price:
$22, I 00.00
. To complete this project along with completing City Hall roof will take approximatly 2 weeks
Thanks,
Rodney Powers
..
FRfJM
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FRX NO.
19044230353
Mar. 19 2001 04:44RM P2
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ADVANCED WEATHERPROOFING SYSTEMS, INC.
P.O BOX 492
Edgewatcr, fL 32132
State License # CC-C053878
Phone (904) 423-3076
Fax (904) 423-0353
10/5/01
October 05,2001
To: City of Edge water
Attn.: Susan Wadsworth
Re: City Hall
A ws will provide all pennits, insurance, manpower and supervision to complete this project.
Scope q!Jl:P.rk
Repair:
. In area where
. Prime area
. Hot mop mo
. Remove tras
Price:
$2,100.00
is remove loose granules
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Re-Roof:
. Tear off existing modified roof and insulation board
. Hot mop 1/2 " recovery board
. Install new flashing I
. Hot mop 43 LB base sheet
. Hot mop a modified membrane
. 12 year manumctures warranty
· 5 year leak. warrdIlty
. Remove trash and debris
Price:
$10,500.00
Re-Roof Attached Buildings:
. Tear off existing roofs
· Replace any damaged plywood at a cost of$40.00 per sheet
. Replace 2 X 2 skylight with new skylight
. Nail down 43LB base sheet
· Install new drip edge
. Hot mop a modified membrane
. 12 year manufuctures warranty
. 5 year leak warranty
. Remove trash and debris
Price:
$i 1,700.00
Total fe-roof on City Hall $22,200.00
Thanks,
Rodney Powers
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STATE L1C.
#CC-C057555
Jrnpn.aul
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129 W. MARION AVENUE. EDGEWATER, FLORIDA 32132
DAYTONA: (904) 788-7750
NEW SMYRNA BEACH: (904) 427-2798
FAX: (904) 423-3030
Page No.
of
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JOB lOCATION
.....
OA TE Of PLANS
JOB PHONE
Y;;y-.;JY07
We hereby submit specifications and estimates for:
For taking off old flat roof down to bare wood. Clean roof free of all nails and
debris. Replace all rotten wood, fascia board, rafter ends, and decking. Nail
down 1 ply 43 lb. fiberglass felt over entire flat roof. Mop down 3 layers of 15
lb. fiberglass membrane roof stripping with hot asphalt in between each layer.
Install galvenized heavy guage painted gravel stop around entire perimeter.
Then completely flood entire roof with hot asphalt. While asphalt is still hot
inbed 1/2" white river rock into entire roof. Then install white modified Bitumen
roll rubber roofing in all breaks and seams where needed. Flash around all
protrusions through roof deck and pitch pans etc.
Then clean up and haul away all debris.
Complete labor and materials $ 02 ~ 8'00
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- This Price Also Includes City Permit -
s: YEARS OF WORKMANSHIP GUARANTEE AGAINST LEAKS
.r 'coposr hereby to furnish material and labor - complete in accordance with above specifications. for the sum of:
All material is guaranteed to be as specified. All work to be complefed in a workmanlike manner
according to standard practices_ Any alterauon or deviation trom above specifications involving
extra costs will be executed only upon wrinen orders. and will become an extra charge over and
above the estimale. All agreements contingent upon strikes. accidents or delays beyond our con-
trol. Owner to carry fire. tornado and other necessary insurance. Our workers are fully covered by
W()(kman's Compensation Insurance. This warranly IS hmlted to the Ortglflal owner (homeowner!
consumer) and cannot be assigned or transferred under any condition.
Authorized
Signature
G & W Roofing has the right to cancel this contract tor any reason, at any time, even after contract
is SJgnad by the purchaser, prior to the starting of any job. We are not responsible for cracked
driveways.
Should it become necessary tor purposes of enforcing this contact. for contractor to incur any
expenses, and become obligaled 10 pay any attorney's feas and court costs, purdlaser agrees 10
reimburse contractor for such expenses, attomey's fees and court costs.
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Atttptanrr of JroJ.lo.aal- The atJo'", "roc",. '~"'("'(dt,on'
and conditions are satIsfactory and are hereby ~C(eDt(>O You are ,:,uthorllf>d
to do the work a50 5opecl'led Payment will bfC- rn~O" ~~, I)U11,,-,"(1 iltJt)\lf'
Siqn2turp.
, Date 01 Acceptant..
I .t1'~ purcnaS~.~I, aplf:e ~(, i-111 :t~!rTl~ (~ it-,iS cc)n~rdCi.
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Jropollul
Page No.
01
Pages
Williams & Sons Roofing
ALL TYPES OF ROOFING
5840 WILLIAMS ROAD
PORT ORANGE, FLORIDA 32127
PHONE: (386) 767-6909. FAX: (386) 767-8078
PHONE
DATE
/c.>-"3- 01
AI. ((..j<f 5, ell."
n, STATE AND ZIP CODE
Dc .
JOB LOCA nON
ARCHITECT
0-1
DATE Of PLANS
JOB PHONE
We hereby submit specifications and estimates for:
For taking off old roof down to smooth surface. Clean roof free of all nails
and debris. Replace all rotten wood, fascia board, rafter ends, and decking.
Nail down 1 ply. 30 lb. fiberglass felt. Install new aluminum drip-edge,
flashing, vents and new lead flashing around all sewer pipes. Then install
modified Bitumen roll rubbing roofing over the entire flat roof. Then clean
up and haul away debris. I:J. V ( f-'\.'\ "lv4c/(.,4<. d k)r;j ((o./l i '(
I S L<"c.... L ^5
C 6I!!1p~..J.t!- ~ q F
Lv r-I-h h 0+
Complete labor and materials $
(Of
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25)
\ epo...., ( I "5 G<..\ o?o-, -11,0:/
J 5Clc). 00
000. 0 <5
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5
YEARS OF WORKMANSHIP GUARANTEE AGAINST LEAKS.
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JIll' 'roposr hereby to furnish material and labor - complete in accordance with above specifications, for the sum 01:
Payment to be made as follows:
dollars ($
) .
ON COMPLETION OF JOB
All material is guaranteed to be as specified. All wor\( to be completed in a workmanlike manner according
to standard pracbces. Any aheration or deviation from above specifications involving extra costs will be
executed upon wrinen orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond our control. Owner to cany fire, tornado
and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
This warranty is limited to the original owner (homeowner/consumer) and cannot be assigned or
transferred under any condition.
A~thOriZed~_<-- /I~
Signature .
Williams and Sons Roofing h e nght to cancel thIS contract for any reason, at any time, even
aNer contract is signed by the purchaser, prior to the starting of any job. We are not responsible lor
cracked driveways.
Should it become necessary to purposes of enforcing this contract, for contractor to incur any
expenses, and become obligated to pay any attorney's tees and court costs, purchaser agrees to
reimburse contractor for such expenses, attorney's lees and court costs.
Dale of Acceptance:
Signature
I, the purchaser, agree to all terms of this contract.
Atttp1antt of 'ropn.sal- The above prices, specificatIOns
and conditions are satisfactory and are hereby accepted. You are authoriled
to do 1he work as specified. Payment will be made as outlined above.
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AGENDA REQUEST
CM: 2001-075
Date: November 15.2001
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
OTHER
BUSINESS December 3. 2001 CORRESPONDENCE
ITEM DESCRIPTION:
Purchase and Sale Agreement (FIND Project)
BACKGROUND:
On September 29, 1997, the Florida Inland Navigation District (FIND) purchased approximately
231.5 acres for the development of a containment site (90.:t acres) and a proposed industrial park.
The purpose of the containment site is to accept dredge material as the Indian River channel is
maintained. FIND has funded the design, permitting and construction of infrastructure (water, sewer,
roads, drainage, lift stations) improvements for Phase I at a cost of $3.4 million.
At the FIND meeting of May 2001, the FIND Board declared the Edgewater site (excluding the
containment site) surplus and notified local and state governments. The Edgewater City Council on
June 18,2001, voted to notify FIND of the City's interest in purchasing the surplus property.
Enclosed is a copy of the letter to David Roach notifying FIND of the City's intent.
The FIND Board has approved the sale of the surplus property (approximately 141.5:!: acres) to the
City of Edgewater at a price of $4,262,847. FIND has agreed that principal payments shall be made
in ten (10) equal annual payments. No interest shall accrue for the first five (5) years and on the fifth
anniversary of the closing, interest shall accrue at the same rate as investments of the State Board
of Administration (SBA) which has a current rate of 2.3%.
STAFF RECOMMENDATION:'
Approval of Purchase and Sale Agreement to buy 141.5 .:t acres at $4,262,847.
ACTION REOUESTED:
Motion to approve Contract for Sale and Purchase by and between FIND and the City of Edgewater
and authorize the Mayor and City Attorney to execute the Contract.
F:\agendarequeSls\FINDsaleconlraCI12030 I
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FINANCIAL IMPACT: (FINANCE DIRECTOR) No FY200112002 obligations, annual debt
of $426,285.00.
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) To be included in FY 2002/2003 Budget
PREVIOUS AGENDA ITEM:
YES X
DATE: June 18.2001
AGENDA ITEM NO.
Respectfully submitted,
~~
Kenneth R. Hooper
City Manager
F:\agcndarcquests\F[NPsal~99ntr<lct 12QJQ I
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OTHER BUSINESS
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A. Purchase and Sale Aqreement - requestinq authorization for
Mayor to execute Aqreement and to close on 7+ acres of property
from Dustin's at US 1 and West Turqot Avenue. .
City Manager Hooper made a staff presentation. He further
commented on the acquisition process and the use of the property.
Mayor Schmidt commented on losing the use of seven or eight acres
because of scrub jays. He questioned if they are going to lose
any use of this property. City Manager Hooper stated this
purchase sale gives us time to do some environmental assessments.
He doesn't think there is.
Councilwoman Lichter feels this.will teach them a lesson that
next time when you get a good offer on a piece of property and
has very good purposes and abuts property you own, they should
. take the property the first time. This was offered at a lower
price. She spoke of there being so many possibilities with this
piece of lanaI She is vary much in favor of it.
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Mayor Schmidt asked for citizen comment.
Don Sickel, 133 Shangri La Circle, asked about the ampitheater
being in the original program over by the YMCA. Mayor Schmidt
stated that is part of the plan. This just gives us more
options. When the plan was originally done, they weren't
expecting to lose the seven acres that they did so some of the
plan of the park had to be moved around a little bit.
councilwoman.Lichter asked if the building is in good shape.
City Manager Hooper stated the building is in relatively good
shape. It can be fixed up and used to house staff there. He
feels it can also be preserved and done some other things such as
museum type. There are two structures on site and one is in good
condition.
Councilman Brown moved for approvali second by Councilman
Vincenzi.. The motion CARRIED 5-0.
City Manager Hooper stated with that you are authorizing the
purchase sale and if there is no conditions that are changed they
will just go straight to closing.
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B. Florida Inland Naviqation District proiect - recommendinq
response to David Roach. Executive Director. and FIND Board
indicatinq desire to purchase the balance of Phase ~ (141.5
acres) for a city-owned industrial park at the invested cost.
City Manager Hooper made a staff presentation. He suggested they
respond to the letter that says they are interested in the
surplus property and are intereste~ in having a team of
negotiators to draft a purchase sale agreement. UnOfficially
they have described to him they are interested in selling it to
us for what they have invested in the property over a ten year
period. There would be about a 5% interest rate to it. Our plan
would be to develop Phase I and Phase II and add CRA to help fund
and pay for the property and the improvements. Our goal and
objective would be to, .as soon as the improvements are put in
place, turn the property so they could have industrial
development buy it from the city.
Page -10-
Council Regular Meeting
June 18, 2001
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City Manager Hooper further stated assuming there is a CRA, he
recommended Council act as a CRA and be the sales representative
to sell the property as quick as they could turn it. They have
had two or three developers that have already talked to him.
They have two that are talking about buying the entire site.
city Manager Hooper stated at this point they are being asked to
authorize the Mayor to send a letter stating that we have an
interest and our intent is to purchase and authorize them to
negotiate a purchase sale agreement and bring it back to Council.
Councilman Brown questioned what happens if they purchase this
property and they get down to a few lots that are small or odd
shaped and they can not sell them. City Manager Hooper commented
on the City possibly having something they would want to place
there. He further commented on not liking to be in ,the landlord
business.
Councilwoman Lichter made a motion that the City Manager continue
to further this investigation of purchasing the 141.5 acres from
FIND, second by Councilman Brown.
City Manager Hooper clarified they are also authorizing the Mayor
to sign it and inform the negotiator.
C. Economic Development Proposal - reauestina authorization for
citv staff to intiate neaotiations with Volusia Countv for an
assignable Purchase/Sale Aareement for 64+ acres (old Pre-stress
Concrete Plant) with an UP to one-year due diligence period for a
cost of approximatelY $3.0 million
city Manager Hooper made a staff presentation. He further
commented on a proposal made by Tim Howard, manager of Edgewater
Lakes Partners LLC.
City Manager Hooper stated they are asking for authorization to
do a purchase sale agreement that is assignable. He further
commented on the process. He has been speaking to Hacienda about
annexation as well as Boston Whaler.
Councilwoman Lichter feels this is an excellent idea. She
expressed concern with the public not thoroughly understanding
this deal. She feels Mr. Howard, Mayor Schmidt or the County
must explain that the City isn't laying out the money. City
Manager Hooper stated he hopes they can do that with the press
tonight. They are acting to get the purchase sale which is
assignable and the city does not close on the property. If at
some point Mr. Howard feels this isn't a good deal anymore, they
would both be out of it.
Councilwoman Lichter also feels the benefits to the City should
be emphasized.
Tim Howard, 3028 willow Oak Drive, stated he would be agreeable
to enter into the agreement as part of the purchase sale to
indemnify the City of Edgewater with respect to any expenses.
They intend to pay for everything. .
Councilman Vincenzi stated he doesn't think that is a concern and
what Councilwoman Lichter is saying they just want to make the
public aware the City isn't laying out any money.
City Manager Hooper spoke of this being an education process.
They will have to talk about it and they will write in the
ShoreLines and the positive aspects of it. When this goes to the
County Council, the City will be there. He has been very clear
with them they aren't to be deceived the City is buying it to do
anything else other than what has been described tonight.
Page -11-
Council Regular Meeting
June 18, 2001
C/l
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-THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
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Mayor Donald A. Schmidt
Din/rial 1 Councilman James P. fJmwn
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. lichter
City Manager Kenneth R. Hooper
City AUorney Scott A. Cook~dn
City Cieri< Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Ass!. to City Mgr. Elizabeth J. McBride
June 19,2001
David Roach, Executive Director
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, FL 33477-9498
Dear Mr. Roach:
Re: Surplus Land in City of EdgewaterlV olusia County
o
Thank you for your prompt notification of Res91ution Number'2001-0~ concerning the industrial
park within th~ City of Edgewater. . The City Council.voted on June 18; 2001, to authorize me to
notify the "District" of the City's interest in purchasing the 141.5 acres'north ~f Park Avenue for a
City-owned industrial park. City Council authorized'a City negotiating team of the City Manager,
Finance Director and Legal Assistant to negotiate an acceptable purchase/sale agreement to be
presented to the respective Legislative Boards.
Thank you for your considenition and prompt response. .
s;r~~...
Donald A. Schmidt
Mayor
DAS:ejm
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2001-004
OFFICE OF THE MA YOR .
. 104 NORTH.RIVERSIDE DRIVE ,
(386)424-2407' FAX-(386)424-2409 .
F:\mavor\ctavictroachli 190 I
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THE CITY OF EDGE WATER
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POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
U Mayo! Don~ld A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. lichter
City Manager Kenneth R. Hooper
City Attorney Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Ass!. to City Mgr. Elizabeth J. McBride
INTER-OFFICE MEMORANDUM
EDGEW A TER, FLORIDA
~
TO:
FROM:
eM. NO:
DATE:
SUBJECT:
Mayor and City Council ~~ .....\ T
Ken Hooper, City Manage~~ \
2001-043
June 11,2001
Florida Inland Navigation District (FIND) Project
The Florida Inland Navigation District (FIND) and the City of Edgewater have jointly and
successfully been developing an industrial park associated with the District's plans for a containment
site for disposal of dredge material from the Indian River. The total site (Phase I) is approximately
231.5:t acres with 90:t acres dedicated to the containment site. .. Approximately 141.5 acres are
available for industrial use.
Infrastructure improvements and the containment site are under construction and the City is currentl y
designing the necessary improvements for Phase IT of the industrial project. Infrastructure
improvements including the containment site are approximately $3.0 million and will be completed
by March 2002. The design of Phase IT improvements will be completed by January 2002.
~
The Florida Inland Navigation District Board of Directors have indicated, through Resolution 2001-
02, a finding that FIND declare the balance of Phase I surplus and seeks to relieve itself from
developing the industrial park. FIND has directed correspondence to Mayor Schmidt to determine
if the City is interested in purchasing the balance of Phase I (141.5 acres) at the invested cost. David
Roach, executive director of FIND, has indicated a willingness of the FIND Board to work with the
City in seeking acceptable "buy-out" conditions.
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(386)424-2404 FAX-{386)424-2421
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FIND Project
June 11,2001
Page -2-
As you are aware, the City is coordinating with the County to create a Community Redevelopment
Agency (CRA) to create a financing mechanism for needed improvements and possible property
acquisition. I recommend City Council respond to Mr.. Roach and the FIND Board indicating a
desire to purchase the property and appoint a negotiating team of City Manager, Finance Director
and Legal Assistant to develop a purchase/sale agreement to be presented to the City Council after
the sixty-day surplus property procedures have been. completed. All documents will be
reviewed/prepared by' the City Attorney and FIND General Counsel.
KRH:ejm
F:\memos\purchaseFIND I 41 acres
COMMISSIONERS
TED B. MOORHEAD
CHAIR
BREVARD COUNTY
CHARLES R. FAULKNER
VICE-CHAIR
FLAGLER COUNTY
JO ANN ALLEN - KOFOED
SECRETARY
ST. LUCIE COUNTY
CATHLEEN C. VOGEL
TREASURER
MIAMI-DADE COUNTY
THOMAS P. JONES, JR.
O DUVAL COUNTY
GRAYCE K. BARCK
VOLUSIA COUNTY
JI-ANG SONG
PALM BEACH COUNTY
GAIL A. BYRD
MARTIN COUNTY
SUSAN M. ENGLE
BROWARD COUNTY
KENNETH F. HOFFMAN
INDIAN RIVER COUNTY
CHARLES A. PADERA
ST. JOHNS COUNTY
DAVID K. ROACH
EXECUTIVE DIRECTOR
MARK T. CROSLEY
ASSISTANT EXECUTIVE DIRECTOR
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F~~JaIHJ\I1\~bAND NAVIGATION DISTRICT
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May 24, 2001
Mr. Don Schmidt, Mayor
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
Dear IvIr. Schmidt:
RE: Surplus Lands for Recreation and/or Conservation in Volusia
County
Attached is District Resolution No. 2001-02 which declares certain
property within V olusia County surplus and in accordance with
s.374.984(6)(g), FS. requires that this property be offered to your agency
for public outdoor recreation or conservation purposes. The size of the
surplus property is approximately 141.50 acres and I have attached
location and site maps. The property is offered for purchase at our
invested cost of $4,454, 138.00.
As we have discussed, the District is interested in selling this property to
the City for the industrial park development. That purchase agreement
would be negotiated after this surplus procedure has concluded in 60
days. Weare not anticipating that the State or the County will want to
purchase this property for outdoor recreation or conservation.
Please contact me should you have any questions concerning this matter.
u
David K. Roach
Executive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-949B TELEPHONE 561-627-33B6 FAX No. 561-624-6480
www.aicw.org
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RESOLUTION NO. 2001-02
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF FLORIDA INLAND NA VIGA TION DISTRICT, DECLARING
CERTAIN PROPERTY SURPLUS
WHEREAS, the Florida Inland Navigation District (the "District") is the owner of
certain property in V olusia County; and
WHEREAS, the District has determined that-certain of said property is not needed
by the District and wishes to declare such land SUrplllspursuant to s.374.984(6)(g), F.S.;
and
WHEREAS, the land to be declared surplus is shown on the sketch attached as
Exhibit "A" hereto, and consists of approximately 141.50 acres.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the Florida
Inland Navigation District:
Section 1. The Board hereby declares surplus the property in V olusia County,
Florida, described in the attached Exhibit" A" (the "Property")
Section 2. Copies of this Resolution shall be furnished to the Secretary of the
Florida Department of Environmental Protection, the Chair of the Volusia County Council,
and the Mayor of the City of Edgewater. Should any of these entities desire to utilize the
Property for outdoor recreation or conservation purposes and the Secretary of the Florida
Department of Environmental Protection finds the Property is required by the State,
County or City for its recreation or conservation program, said entity shall notify the
District in writing within sixty (60) days after receiving a copy of this Resolution. The
Property will then be conveyed for the consideration of $4,454,138.00 (representing the
District's costs involved with the Property, a portion of which is currently under
construction with utilities being installed) to the appropriate State agency, V olusia County,
or the City of Edgewater by the District, provided that said land be used for outdoor
recreation or conservation purpose in perpetuity by the receiving governmental entity.
Section 3. This Resolution shall become effective upon adoption.