09-07-1993 - Special
/
o
CITY OF EDGEWATER
104 N. RIVERSIDE DRIVE
P,O, Box 100 - Edgewater. Florida 32132-0100
(904) 428-3245 SunCom 371-7005
Votinq Order
Councilman Jones
Councilwoman Martin
Councilman Hays
Councilman Mitchum
Mayor Hayman
o
August 31, 1993
To All Members of the City Council:
I hereby call a Special Meeting of the City Council for
Tuesday, September 7, 1993, at 7:00 p.m. in the Community Center
for the following:
1. Hold public hearing on proposed millage rate of 5.8882
and Res. 93-R-18 Adopting tentative FY-1993/94 City
Budget
2. Appeal by David Echols, 708 S. Riverside Drive, of Land
Development & Regulatory Agency decision re: variance to
construct swimming pool
3. Public Hearing on Ord. 93-0-14 and Ord. 93-0-15 Amending
Article III (Sewers) of Chapter 19 (Utilities and
Services) and Article IV (Sewage Disposal) of ChDpter 10
(Healt:h) pursuant: t:o funding requ "i.rnTTlcml:s of Wa f-~t:nw()t0.r
Capital Improvement Program
4. Res. 93-R-09 ICMA Retirement Corporation Retirement Plan
401 (A)
5. Res. 93-R-21 Authorizing Amendment of Volusia City-County
Water Supply Cooperative Interlocal Agreement pursuant
to an Attorney General's opinion
MAYOR
1 / ,
,/; /'/ /---7" ') / /'
I' , /j .) /// . ~, /'
~/---.1//':7:. ;- [-"1'--;'(, , >::/.~ /(~ '-;1 ,
/
I
.I/l
'ATZTJr:
, ,'I /' -'====-=":__'
~. /)' ~ ,~--~_.-'-~
.,' '" ~r ~. (/11' .
.r"V'rx-- .
CITY CLEltK
Pursuant to Chapter 286, F.S., if an individual decides to appeal
any decision made with respec't 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.
lsk
CITY OF EDGEWATER, FLORIDA
CITIZENS PACKAGE
G eWA
O �
4rf '4
(i w w
ALITNI
EXTRACT OF THE
FISCAL YEAR 1994 BUDGET
October 1, 1993 - September 30, 1994
4
Ke3<9
.IcvcNd paw
•
i--1
a)
A
4
04
U
N N O
r1 W � M 1 - � 5 o P CD
N �i �-� P2 •1'1
N z N N b�A
F:i • U q i aai rd 0
H H H H N •r4
os ww
as
O O O O
• 1
0 0 U U
q0 M 1
W A aa) a M 0 h
M g
01 a
I a) x
U bO Cn N
W r 41) Z P7 b U
0 I 0 0 R
x Z W ?+ f7-P
M r-I
U+-) ZO
H O
Cf) ON r1 ,-�4 4•, W U C1) U
U a 0 CD 0 -
° a r; a
a a
Z 1
i U U [-a O •
KC
a a
W w w
Ul A A
H H
X 0 Z A
•
N
Q) t. N Lt) I O 1 00
PI N CO N N 0 1 0
O N 1/4t) 0 4 I ON
- - 1
•,-I In LC) N C') 03 I 4
'b r N M 00 CA I to
0 Ln O C') Ln I 4
Q) 1 •
lt) It) r-1 I cr
I- I
A
W ton N It) 4 0 CO
a Ul Q) N L'') (-.3 N o 0
4 2 0 N let le et lie et et
LO LD 0 ON
W P 1•••1 Q) in a. ( In 4
El R:1 0 1 • 2 c4 0 et • ea
Ln In r c+')
0 CA 0 a VI ** V+ 49
• . .
w a • • E
0
• . • • •
W g • • • • • •
( s: U W
• 0 0)
• UU
• • : 0) rd
• • r • • ,.{ ,0
• 113 1 • b � H
• 0 w
• P 0 0 e•1
• a) W (1) 11)
• • 3 0 00 0)
• (I) •rI 10 0
• 4- +) 0 •r1 t0
ro a 3 0)
g b O ID N
,-1 V N b •-4
0 4 4-1 0 0 � 10 :•.
0) 0) 0) 0) 0) E-1
H E H H E
•
{
• Taxes /Licenses & Permits $4,401,520 79.81
Intergovt. /Charges for Servi. $664$72 12.05%
Fines & Forefeitures /Misc. $163.300 2.96%
Operating Transfers $285.785 5.18%
Proceeds from Debt $0 0.00%
$5.515277 100.00%
CI T OF ED8EWfITER FY - 94 BUDGET
Gene ra i Fund Reivenue5
•
•
(79.8 % $21,401,520
.{{ {.' ?Y;{ ?Nj ?r' l rrrr r r
o l{ { rrr. �'tvv:f {,.r,{:; }r},i{r! ?iY•..
•
{'r /vrrY » rrti,r.r'
v r.,; {{ {}: ?r it '' }l{}f}r{!i} }lYrr {5 } }}Y,'r•? {•
,{} rx� "' r}} �� ?l} {r }J{rti'i,{:;r, ?;
{Y{:�j?�•::• {�1,� }:: }: }'•:;� rr j' t f:.' ti •,�'.;;;irf�• };; {}%• } {:;r
tirrr } 'r/ r .Y f;'r• r: ;rlif�%hSd / {'r.'r,;rN %r,: }� }r. ;; ?;
� '�'W
r r:: r „ � • - e } $285.785
ry •r} : r.r '� (3.0 %) $163.300
Wi.i:: *,74/1 a :', (12.1%) $66k672
• Taxes /Licenses & Perrnits Intergovt/Charges for Services
\\ Fines & Forefeitures /Misc. -"A Operating Transfers
•
1988 1989 1990 1991 1992 1993
Assessed Value 304,468 331,993 379,025 424,565 453,643 474,058
T axable Value 213.013 231917 270,525 308,805 331346 346.190
City of Edgewater
T axable Values
500 453,643
424,565 0:::::: ;y„
400 - 379.025 . ;;;;;;: ;rry; }} } } }; ; }rr r:r } }
: }.
?} r:: ;:'..:' ::,e,' 6,190
331,993 ;' } : :, : " } }? 'x} } } } } }'.,, �
} j rr:; : : ::, 2,346 } „':
304,460 �,v' }? y.; ? ? . : ; :�' , rlr'rrr:::. ?:..'
}}} }} }} { r 8,805 ,v . . r rr
} r , r'r; :. };: l'';,', t};.., r h.. : : :: ' .
300 - f? '.v ? I. ' }r;,'{ { ?'rf } { . K:;`u,25 } } rt'' :;r / r'r. ? ?' {?'� : }':.} �
''N : ;; } ;ti :; ; ; Y; _ } :' ?:r }:' :' r }r;rr; :; fi /
} ;: }; '�■ • • i ;r };vr} }.7 ....,;:,:::::::::,:,,,:// ;ri } }Y. }ti? / }vfr.�Y { } ii:
y1',,,... .. ,' •2,91 7 :}; :•}r}r• {'rr }� ! rt :,{' ::•. :� f r w ,, ?,'r } } }}:'
r. rsv;.y.' 3.013 ;{ {; ? :v: r .., / ' v '{:• :4 } :4 tiv. ?? }
'{ t} r v : r ,. : . v. r : rvr ?? ?v. :::::,:::,:%:::) 'r..: ? ?:.v:: r % ::vt{v /
�y {. ti } {'rfv ti:4r.: � : � �. , , 4 i �/ �� � : X ::rr ' r� ,, ; ' } ri : :v / / � ;' %v;;,; ?'f }Y;;�; / r };''r'r ' r { rte. � / '0f,; f 4 v }'' rfi }: } {;r ! ' {r / . f o r' r ;:r. {: ; ; ' : / ::'::'t � .} : "IN r i: rrrr r'rr. ,,,,e44:0: i { , ,, r / // � h f r ' J r / f {'r'.f .;. r f
h • { ?. : / ' Y'•.r % :• / :". ';r :•: :::::::Z::::::::// ! ! ^ %r X YM,' r ' ::: :, e)I/ ��t,
} { }"" r•. i i
f � ; ` : r. �! �?. wr / f/ }.�...:. / if � .. /
x };} ' {:,.ti: {r,. ? ?{ // } YJM '}} f.;'tr•; r. }' :,} { ' /� } k?; /
0 rr:w?', };? 1% } ? ^} }'r };:} :/ }vr,rl; ry }. t7;; ;i; //, �� /� }., w r ?!f ''r }'r%, /!nn//
1988 1989 1990 1991 1992 1993
Fiscal Year
EEO Assessed Taxable Value
For Fiscal Year 1994 the assessed taxable value changed as
follows:
TAXABLE VALUE THIS YEAR $351,050,127
TAXABLE VALUE LAST YEAR 346.190.040
Total increase in net taxable value this year $ 4,860,087
resulting in a 1.40 increase which includes
new construction, etc.,of $8,851,789 (2.55 %),
and decreased values of $3,991,702 (1.15 %)
1988 1989 1990 1991 1992 1993
City 6.30 5.30 4.89 4.60 4.60 4.60
Others 15.561 16.557 17.043 17.789 17.656 17.758
Total M illage 21.8610 21.8570 21.9330 22.3890 22.2560 22.3579
City % of Total 28.82% 24.25% 22.30% 20.55% 20.67% 20.57%
Ci t g of Edoewdter T
Mi1lage Rate rend
25 22.3890 22.2560 22.3579
21.8610 21.8570 21.9330
I
\ \\� \ \I
\ 17.13-Zs. 17.7 , 17 .6 ' \ '. 17.7
\ 16 .5' \ , \ � \ \
:: : 15.5... , ' \ \ !� \`;\ 'i JLFI \ city \\ � . \ r \
/ \ / � \ f 4-6t %// \ \
} tiv:, , *AV/ \ \ \� M. ; / \` tifi' ,\ \ . } ; . y .. } } � J \ 'r },rr }}:;
ig ; i : K ,r ?' :: \ . i :r : }?' ' f :; f \ . fi .. , j .. ' ..
0
.r....., rr /// � ? ' '/ / � \ ; ... \. \ . r �.ti.:.�I \ t;vt,:, : /,r /\ �;Y :a;a r J \' \
1988 1989 1990 1991 1992 1993
Fiscal Year
'`V ?:." City fi Y 1) Others W Total M i 11 age
•
As you can see above, since 1988 the City's millage rate has been
reduced from 6.30 mills to 4.60 mills starting in 1991. This was
done during a period when the other taxing authorities were
raising their millage rates as the chart above shows. If the City
had matched the increases of the other taxing authorities (from
15.561 mills to 17.758 mills) our present millage rate would be
7.189 mills.
These reductions are significant because they were done during a
period in which the City added a full time Fire & Rescue
Department to better serve the needs of our community. To bridge
the gap between cost of services and revenues the City used its
accumulated savings - these savings are at a level from which
s they should not be reduced and in fact should be slightly
increased.
r Additionally, since January 1989 to January 1993 the Consumer
Price Index for the South (population under 50,000) has increased
16.68 %. Other costs, such as health /workers compensation /pension
costs, have . increased at a faster rate.
•
• Ne
For release: CONSUMER PRICE INDEX BUREAU OF LABOR STATISTICS
8:30 A.M. EST Wednesday. (1982 - 84.100) SOUTHEASTERN REGIONAL OFFICE
February �2. 1 89 JANUARY 1989 TELEPHONE: 404 - 347 -4416
All urban consumers Wage earners i clerical workers All urban consumers liege earners i clerical worker
Unadjusted percent - Unadjusted percent Unadjusted percent Unadjusted percent
UNITED change to Jan. 1989 UNITED change to Jan. 1989 change to Jan. 1989 change to Jan. 1989
Group STATES from STATES from MIAMI from MIAMI from
Jan. 1988:Dec. 1988 Jan. 1988 : Dec. 1988 Jan. 1988:Nov. 1988 , Jan. 1988 : Nov. TgT
All items (1982 - 84.100) . 121.1 4.7 0.5 119.7 4.5 0.4 120.0 4.8 1.4 118.8 4.4 1.4
All items (1967.100) 362.7 - 356.7 _
All items (Nov. 1977.100) - - 193.4 -
193.1 -
Food and beverages 122.0 5.4 1.2 121.7 5.5 1.2 122.3 6.5 0.5 122.7 7.4 0.7
Food 122.2 5.6 1.2 121.9 5.6 _ 1.2 123.5 7.1 0.6 123.5 7.7 0.7
Food at home 121.2 6.2 1.8 120.8 6.2 1.7 119.9 8.8 0.5 120.2 - 9.2 0.8
Food away from home 124.7 4.5 0.5 124.6 4.6 0.5 129.3 5.5 0.6 130.4 5.5 0.6
Alcoholic beverages 120.3 3.9 0.3 119.8 3.6 0.3 112.0 2.8 - 0.1 109.8 2.4 - 0.2
i Housing 120.7 3.9 0.4 119.0 3.8 0.4 115.2 3.0 1.6 115.3 2.8 1.4
Shelter 129.8 4.2 0.4 126.9 4.1 0.3 116.6 5.5 1.7 116.6 5.0 1.3
Renters costs' 1/ 135.2 3.4 0.8 120.7 3.3 0.6 120.9 7.8 4.0 114.5 5.8 2.6
Rent, residential 130.5 3.6 0.3 130.1 3.5 0.3 112.6 2.3 0 112.6 2.3 0
Apparel and upkeep 115.3 4.4 - 2.3 114.8 4.1 •- 2.4 131.0 10.1 3.1 129.2 8.8 2.9
Transportation 111.1 3.7 0.3 110.7 3.7 0.3 113.9 4.7 1.4 112.0 4.3 1.4
Medical care 143.8 7.0 1.1 144.2 7.1 1.0 137.9 4.9 0.9 136.2 4.4 1.0
Entertainment 123.8 4.8 0.8 123.1 4.9 0.7 116.0 0.7 3.6 116.9 0.9 4.5
Other goods i services 143.4 7.5 1.5 143.0 7.8 1.7 137.6 4.8 0.7 136.6 4.9 0.8
Purchasing poker of the
■
Dollar: 1982 - 84.51.00 5.826 - 4.4 - 0.5 3.835 - 4.4 - 0.5 5.833 - 4.6 - 1.4 5.842 - 4.2 - 1.3
AT1' urban consumers Wage earners and clericaT workers
-- Group size Percent change to Jan. 1989 from Dec. percent change to Jan. 1989 from -- - Dec.
All items I .1rrn 19P,R • r r inn 1 1977.100 A11 items I Jan. 1988 Dec. 1988 1977.100
SOUTH (1982 - 84.100) 118.9 4.2 0.3 192.8 118.3 4.1 0.3 191.7
Less than 50.000'pop 116.9 "J.6 a 0.5 189.8 117.7 3.7 0.6 190.5
50.000- 450.000 pop 117.8 4.0 0.2 190.7 118.4 4.2 0.3 191.7
450,000- 1.200,000 pop 119.9 4.4 0.2 195.7 117.9 4.4 0.1 191.1
1,200 000 or more pop 119,7 4 2 n lit 9 Ito g q c 192 5
1/ U.S. base year is Dec 1982 for CPI -U; Dec. 1984 for CPI -W. Miami base year is Nov. 19E2 for CPI -U; Nov. 1984 for CPI-W. .
ATLANTA, GEORGIA CPI -U ATLANTA, GEORGIA CPI-W
Index Percent change to 2nd half 1988 from Index Percent change to 2nd half 1988 from
Group 2nd half 1988 2nd half 1987 : 1st half 1988 2nd half 1988 2nd half 1987 : 1st half 1988
All items (1982- 84.100) 121.7 3.6 2.2 120.1 3.7 2.5
All its (1967.100) 367.1 - - 363.1 - -
Note: South Less Than 50,000 pop. January 1989: 116.90, January 1993: 136.40
Four Year Increase In Cost 16.68%
•
For release: CONSUMER PRICE INDEX BUREAU OF LABOR STATISTICS
8:30 A.M.. EST, Thursday, ( 1982 - 84.100) SOUTHEASTERN REGIONAL OFFICE
February 18. 1993 JANUARY 1993 TELEPHONE: 404 347 - 4416
All Urban Consumers Woe Earners 6 Clerical Wormers All Urban Consumers wage Earners 4 Clerical workers
Percent Percent Percent Percent 14IAm1 Percent Percent MIAMI 1 Percent Percent
U.S. change I Mange U.S. change change FORT change Change FORT
CROUP CITY Jan. 92 Dec. 92 CITY Jan. 92 Dec. 92 LAUDER- Jan. 92 Nov. 92 LAIDER- I J 9 992 N .oe 92
AVERAGE Jan. 93 Jan. 93 AVERAGE Jan. 93 Jan. 93 DALE .Jan. 93 , Jan. 93 DALE Jan. 93 Jan. 93
All items (1982 - 81.100).. 142.6 3.3 0.5 140.3 3.2 0.4 137.8 3.1 1.4 135.9 3.2 1.3
All items (1967 ■100) 427.0 - - 417.8 _
All items (Nov. 1977.1007 - . - - 222.1 - - 220.7 -
1 F000dand beverages 140.5 1.9 0.7 140.1 2.0 0.7 144:9 4.5 1.9 143.7 4.1 1.9
Food at name 139.1 2.0 1.2 138.5 2.0 1.1 138.8 5.1 1.5 137.9 4.7 1.1
Food away from bone 142.0 1.6 0.3 141.8 1.6 0.1 154.5 3.3 3.3 155.8 3.3 3.2
Alcoholic beverages 148._7 2.7 0.4 148.3 2.7 0.4 139.6 6.8 - 2.2 136.6 3.7 1.2
Mousing 139.3 2.7 0.6 136.7 2.6 0.4 ,, 128.5 2.0 1.2 127.9 1.8 1.1
Shelter 153.7 3.0 0.8 149.6 2.9 0.6 133.1 3.0 1.6 133.0 2.9 1.4
Renters' costs 1/ 1/ 162.5 2.3 1.4 142.8 2.3 1.0 ' 139.1 5.0 3.9 131.0 4.1 3.0
Rent. residentfa1 148.9 2.4 0.2 148.5 2.3 0.2 127.3 2.3 1.1 127.3 2.3 1.1
Apparel and wkaep 129.7 1.4 - 1.3 128.i 1.3 - 1.5 139.4 - 0.7 3.4 139.5 - 0.7 3.4
Transportation 129.1 3.7 0.1 128.0 3.6 - 0.2 131.7 4.9 0.3 129.5 5.9 0.2
Medial care 196.4 6.6 0.9 196.0 6.7 0.9 179.2 5.7 1.6 178.5 6.1 1.7
Entertainment 144.3 3.0 0.3 142.7 3.0 0.4 130.4 3.4 3.8 131.0 3.1 3.8
Other goods i services 191.0 6.9 Er 1,1_2 7.1 1.2 162.8 0.4 0.2 160.1 - 0.4 0.6
Purchasing per of the .
dollar: 1982 - 84.51.00 5.701 - 3.2 - 0.6 2.713 - 3.0 - 0.3 5.726 - 2.9 • - 1.4 2.736 - 3.0 - 1.2
GROUP SIZE Al All urban nrgcoonsunrn Rase Earners and Clerical Wormers
items 1 Jan - Percent meanie 9 3 f D ent c 92 -Ja Dec. All Percent change Percent COMM - Dec.
SOUTH (1982- 81.100 138.4 19 77.100 items Jan. 92 -Jan. 93 I Dec. 92 -Jan. 93 Iv?
.4 3.0 0.4 224.6 737.2 3.0 0.3
Less than 50.000 pop 136.4 <---- -2,9• 0 221.4 136.6 2.9 - 0.1 221.1
50.000 - 450.000 pop 137.8 3.1 0.4 223.0 137.9 3.1 0.4 223.2
450.000- 1,200.000 909.,, 139.9 . 3.0 0.1 228.4 136.8 2.9 0 221.7
1,200.000 or more pop 138.9 3.0 0.7 224.2 137.2 2.9 0.4 222.2
hots: Because they are based on smaller samples. local area indexes are subject to substantially more sampling anc other measurement error TAM
national indexes. 815 strongly urges users to consider the use of national indexes in escalator aereemenrc
1/ United States base year 1' N.- .,,,ta 1982 for CPI - U; December '9e4 'or CP! -W.
• General Govt. $1,617,818 29.33%
Public Safety $2,693.421 48.84%
i Transportation $579.574 10.51%
Cuiture/Recreation $624.464 11.32%
$5.515.277 100.00%
CI T V OF EDG EMIT ER FY - ! BUDGET
General Fund Expend i to re5
' " f r' ,' r r (29.3 %) $1,61 7,818
7 57/ /1 ' 7A01,;;;'!.;;;;O:,
//17/ ,///4,41;44;:■;■;:.;
(48.8 %) $2.693A21 i ! / ; ', \••0 "000 o ) $624,464
y , / / % ��•,.•.,;r (11.3 /
7 // \ \\`\ \N C
/ /r (10.5 %) $579.574
General Govt . % % Pub 1 i c Safety
T ran5po rtat i on v.4 Cu 1 to ref Recreation
•
U) o d- ri ,1., - ' I •• ro 44 b -1-) •--1 • • • to 0 b b
0 •rl U ro ro U O ro 0 •4-1 0 0 0 0 >r 0 0 •r1 ri N n)
0 a) r ro r A H •r H U E N ro ro w +) H r A U) 0
•,-1 -P >I 0� 0 .0 0 0 0 0 0 a 3• - 1 0 MI 4 it n +) >1
0 (. 3 0 r-I U r-1 0 N 0 MI r-1 r-1 > U X 0 N +)
OD . 1 - 1 to 0 ro 0 r-1 OD ri •--1 •ri ro •ri ro In 0 H
0 0 H000D0 > ••r1 >040 A ?0
to 0 0 +) H 0 In > •ri , H r- r-1 3 0 0 04
r-+ 4 •r1 7+ H rd 0 0 rd •-I U) rd A (4-4 4 0
r7'r + (0-P A 0r- -I r- lro•ri 0a) H
0a) 00 0 00 � A •r H 1 rd 0 4 004
M o ro a) rd I n 0 0 E-4 0 U 4 cD 0 o4-O
E 0 0 H 0 • • A A OD •- U .1-) . r . 1 o 0
rd • 0 0 N • N 0+� fo•ri +) Cl- +) ♦
O 0 in rl .r4 0 •.1-1 0 3 H (n N o •ri o� ro 0 to
••r
a o •° o ' I r-1 >i 4-) 0 3 ,0 r0 `n 0 0
0 0 +) A r-1 r-r ro 0 H 0 ill 0 +) 4-) UJ •
H 0 ro a ) 1 1 ) 0 +) ro 0+)•r1 .4 0r-I 0 H •• O ro
0 +) +) E 4 - 1 0 0 w t ~ 0 04 0 0 +) o t11)4-; 1 4
44 U) 0 0 •ri f 0 a) (0 O 0 •r1 A rn 0 0 0 0 01
, •r1 +) r-1 5 - W H •H 0 O∎ $.4 • -I a H 0 b
?r N ri N N a •r1 U) ri 0 ,71 a) 0 >r
ro a) 0 r+ A 0 ?r > I ( 0 U 3 • A rd OD r - r-+ to 0
04 0 H to 0 0 r-1 r-i 0 0 >1 0 rd •ri a ro as •ri OD 3
rl Ha0riq 0H 4- 1- i•ri$ -1 rd 0" 0
o U 0 roo Q)O H 4 0> 4- H•r1
+•) 0 0 > 1 0 U H OD +) a) 3 +) ••1 t/1 0 0 a 4 b
U)r-1 0 04 •r1 0 ni H•r1 ar-I 044+)•x1 0 0, 0 r-4
In ro OD ro E-I t4 A a) 0 0 0- •ri 14 0 ,C E 4) 0 0 0
000 •r1+) 4-.) 1 .1-1 H0a) 0+) +) HO
0 0 o a) 5. 0 3 0 H a H+) w ?r 0 >1
0 0 r-I > 0 0 U) Q) •ri 0 (0 MI O) = 44 >. A 0 +) A
0 0 (0 0 +) a •ri • •H w ri a +) 0. 0 In A •-1 H 0 0
> >A rC cc) tn N 0)0 •-4 0 O
) H +
a) 0 + J X r-1 � U ) al 0 MI N
0 A a) r-1 ^r! rd H •J a >1
H H •r1 0 U) N (0r-i 0 0 0 0 (II r-4 H 4.) 0 0 •ri 0
3 4 a 0 4)•H > 0 r N 0 r-1 a ro 01-•1+)1 0 a O N
44 1/1 0 -0 E 044 H 0ro 043 ro
0 +) a) •r1 0 0 >4 (d a) a) 0 r-1 0 +) r-1
a .r.1 r-4 +)4-)A 0 a H 0 b= 0 0 044x4
W ?+ A 4 +) O N ri -1-) H • w N rd ••i • U rC (d •rl
E-1 4-) a) •r1 4-) 0 H 0 0 0 a) rd 0 0 a) a) 3 a) r-1 t/1 U) iJ E
m 0 0 •-) •r1 0 0 a +) OD U) (/1 ;J 0 A 4 N p 11:1 •ri •ri O
rl It }� ••ri }) 0 ro b rd 0 (ri 0 +) +) In r 4 0 ,L: rd O 0
m a tn.a 0 0a) 0 0••ro +)r -10oQ
0 (II r i E; 0 Q) ri 04 A -•H a r-1 r-1 w in o '> to r-1 ro - •
A ca O O H to 0 N 1 4-1
0 ro n:1 o N too . r . 1 • r - 1 0 - - . 1 4 W A U U Urd•r1 O a 0 k 0 r J 0 rou 0 OD E; --
U) 0 OD 4 04 N 0 H 0 rd = .64 r-1 X, C 0 vi 0
W > 0 0 0 0 +) Q
•r1 ) E- rd •ri 44 N r 0 0 A f0 •ri E •ri 0"
O W +) rd i •H 4-) A a • 0 + A ) (1 ) o o x o rd 3 ro 1--1 1 0 � 0
•>+ 3 U ) 4 0 •r1 0 > to 0 0 0 0 > 0 0 0 M > 1 0 4 0 A4-)
H +) ro N ,t" rC -0 (d ••i I/1 X t~ +) •ri r•1 rd +) +! •r-I 0 (a
H 044 i o +) +) 0 •r1 0 ro a) a) r-1 •r-1 = H +) = 3 b H
O ro E - Q) k +) •ri A 4 ri 0 Q) A r � al 3 Q) r-1 • 0 r-1
0 A N a i ?r •r1 0 ri r-1 ,0 +) ✓+ 0 04 0 0 0 0
X
0 .1-1 1 -1-) II r0 WO Q)(0a)o a� • - te a)k (0030 ba
N ro 0 ?r r--4 a( N LW 0 •rri a) N 0 a •rrl 0 ,-4 a N H >1 0 rr 4
•r1 >, a) +) r-i N 0 0 0 E A 0 0 0 O ro 0 ,,~ 0 0 •r1
r
I-1 1 4 0 0 • 0 0 a , O r 4 •'-I H - 0 .I".. 4-) OD r•-I E
? r� X 0 •ri d to 5 a Q) tt) E-1 (g (d
4) C) a) 4--) ) •r♦ •r1 rd (0 q +) 0 N N •-1 3 r>
0 > H 0 44 +) a) (d 4-) (0 0 0 0 r-I r-I tf' •r-I • b t-4 O 0
0 0 •r1 ,/ •r( ,.C. r7 0 4 O ro (0 rd G•' •r1 0 0
4 H rJ E-I U + ) +) N r1 - 0 N •r-1 > 0 E (0 ',1' r-I U)
H E•+ 0 •rI 0 >r ro U) b b O U rd 0 •-) = 0 A 0
a) ro ?r a 0 44� •ri 4 0 Pk 000 - >1 fa H
4. • A t~ N H o m H •r1 0 0 m H a a) U) 0 r-1 1-1 .-i -( k p,
ro N OD 0 4 0 ri •r1 •r1 (0 Q) 0 E ••i - (0 0 0 0 rd
3 0 0 •ri 7r 4 O OD •ri 4-) +) N A N H E A N 44 ) m
> U O +
a) a) •H N +) U) r-1 0 U 0 +) ml ro •ri O E-I Q) ri • - •r1
bi) N N 0 Ili N 0 4r1 4- 0 04 0 El CIS 0 E OD Ili N 0 '>a
rt •r1 •ri 0 0 +) 0 ( 'rl' O N H rfr 0 0 0 ri -.0 4)
W ro td ri 044 U ,?r U b •rI a 0 4 •ri ,>r I 0 4
U +) N g 0 U 4-) 0 � ri 0 b a k r-4 ? r 0 0 A •ri r-1 U
4-1 4 OD +) 0 k D. 0 0 0 n a 4 k • • • m PC ?r EE 0 0
0 P '0 1:14 0A - + iI00
0 WOOtn 0 O +)H a •0tn 3 lnX0g
0 •-1 0 0 0 a) b > U) N H a•• O •r1 H O a) fa a) ---.-1
4 0 . 0 a (0 4.)) +.) N k(00 Qr ri 04 � (00 0 Li-) co
•r-f iJ 3 0 •r1 •ri 4-) ro •ri E 14 0 0 0 to 0 +) H 4-) H +R
o In•r1HA H 0 4)+ a) a) H•ri a) 0A a 0 0
b >4 ,74 t0 b ro +) 0 •ri '>r 0 k a s +) E ri 0 +► ?r rd w +) 0
0 0 +) 0 H 1.101 4 cn +) A 0 0 0 a) ro •r1 a) (0 •ri
0 rd 0 r 1 $ - 1 0 •r 1 3 }) ro H 0 .1-1 r-1 H >1 0> 0 +) - k 0 14H • .1-1
,0 •ri 0 0 (d 0 0 A 0 0 H a) a +) R7 0 0 04^ 0 k a) O a
E-I •J a •r1 ro a•r1 -1) > r1 H N E O a+ 0 'r7 E
0 r-i 0 ,-.4 ',!r 0 3 0 0 +) A 0 ,0 a H 0 0 O W r-i r-1 0
14 0 4 r-I 0 0 0 0 4 14 a 0 b ,4 0 0 to ?C H w O ro (a x aU) E- +roroEr -t•r -1 E-)a00 rc Hc)H• 0 04 044*04 034 > >Q)
U 0 0 0 0 N Q) E 0 0
-1-) +P A w 0 a) Pi b o
0 0
�j •0 0: Q) N
a ) N • 'i •ri •r'I a N •ri 0 0
N N a) 3 k U 0 4•1 0
0 0 r-1 N A *4-1 N 4- • 'CJ 0 r N
+) 0 0 $4 a r -I 0 lb
0
0 4) Q) G • r ri i a ) A - 0 N CID 0
o N0 0 $4 3 ref a)0 $4 o
4 °' 0)) a ° .c 4 0 MI 44 r0 0 0
ro > \ +) .1-1 N r-1 N
0 -r-4 $-4 on 0 0 0 0 A 0 a)
U
rct U r N N N O r-4 bn N 0 U
a) c.) O Q >I ,a) $4'O • 0 H
IA 4 co •ri +) 4) al 4 0 N 0 b
• b C PI -) r-4 a'o 0 • -) ID
H - oC > cn •ri•ri O > O 111 N 0
^ CT N 0 b {-1 rd a 0 U E-1 •r1
0 r s -i 1 0 •4-1 0 a 'U N a) U
N 0r A 0 on • 0
CO - 4 0 0 W N 4) r 0 •ri 0 0
4* • M • •H 4 - 1t1 44 W r r1 1 U 0 ri 0
11 b fh C 044 •0 0 0 4-) r0 N —
3 + 0 N
� Er4 4. v) 0 iri 0 ro
•ri OD 0 0 0 r-1 (Ori A O 0 0 ' 0
E 0 }J -1-) •ri >, CO •r1 '13 0 0 ('. r-1 0 e-1
r-1 a f0 -P +) 0 4.4 0 +) 0 (0 0
0r-1 Q) 0 •ri a) 0 0 00 > 4- ) •rI
■0 .H C() • 0 0 •ri A •ri 0 0 a) 0 0 - 4-)
• E 'n' 4-) •ri +) +) $4 44 •1 b4 N 0 a
- 00 $4 0 o 0+).Nro s 0 0
4) a)
r-1 on $4 $4 A b a N A
X (0 0 a a O VI 0 >, a) N k r-1
4- 0 'r1 a E f � " 0 N N N OD > 0
V 0 o 0w 00 on • In 0 0 r1 oa r
0 .0 0 •r♦ 0 a) a) $4 P a)
ro 4) P V ri a) 0 ri 0 V 0 A
ro - 0 b r1 p ro •r 0 b4 -P 0 A 4-)
• 4-1 0 N ro 0 •ri r~' 0
1-4 ! .' ; - 1 +�
44 O >+ 0 0 '> A > 0 0 • 0 PO N N a) a) O 0
fit 0 g 0 a) a) a) 0 N $-1 a-) • 44 A
1 1 (0 0 f0 r - - - 1 V 4 - ) k N A al 0 0 k •r H
,, 0 >0 N1 000 0(04-0 >~ ro
r•i U) N a •r1 3 + - ) •ri •ri 44 Q) •ri 0 0 A
0 •r I 4. 0
O 0 > '0 E 0 > > Q) 't1 In
w 0 •rr, 0 °' 1
O ✓+ +) o o H (a CIO 00U) x 0 (0 ti)
ro
X + J 0 H 44 0 >1 0 Fi 4- • 4) r-I A 0 N
•1-1 Q) a a-► >, b4 r •r1 (0 0 (CI k 0 N N
U N 0 •r1 +) 0 r-1 A 0 0 3 0 •r4 � 0
>
0 0 4 r -Pi O N N 0 N 0 $•i 4 4 b E •ri
0 a) $•1 G.' r1 1 Q) 0 0 •• .. 4 0 0 - a)
0 4 a •rib � -ri , P a) a) N >, N r0 >, P 0 rd 0
0� a) if) 0 p -0 vi .14 W 4 0 0 A 0 O 0
{•i A 0 a) ri Q) 0 ri N N Z - 0 Q) Q 0 4
rH0 +)Ln0 ro >i N NNIT) 0 0ON > -P 0 >,
-- 4•4 - 0 d-) 4-1 .4-4 •,•i .4-4 a ">
0 0 O N , 0 0 +
0 -
bn as •r4 •ri 0 'L ,0 ,r • ri 44 4-I 0 0 •F•) • ' 0 ri
N 0 r
rC1 q i 0 U 4 0 0 0 0 'C) 040 0 i ri
0 •ri •ri 0 0 • r1 0 •ri 0 0 0 •r-4 k ;4 0 0 -r4 a) N a) 0
. - 1 1 - +) 0 0 +4 ro > •r1 a) 0 > (0 1 +) •r1 > o a)
ID � c' 0 HIV0 $-I J-1 N N N 00.�0 .« 4 0 0 4
�*+ W 3E A H 0> 1-1 Ei On ► -i
•1 0 OD N 0 N 4- a
•H • • N g O 4) Pi 0 N
ao ' E 0 ' 0 x , 10 a w
a) 4-) E 4.1 r -4 • A O
'0 U 'V • (00 4 U) a
4 ••-4
� U) 0 0 0 'C7 P
'0 •n 0 +4 • a ,--1 N
0 0 0 0 0 10 0
• ri A U 0) .4-1 (0 • o00 o
11 3 E 1 a)
a) i
a i 0 I 0 w0 • 0
N
0 a r•i in r--1 E ai
NO It :ri0 H r--1
0 0 a 0 0 a o
> 0 0 H U) 0 0 4
O • U rl ) 0 •0 A •U N N r0
•0 •H • 0 0 U 0 i m
�•1 •ri 0 e•1
!d a 0 I • 0 N 10 •k U) _
1-4 N 44 r 4.1 v a > b
0 o
U) 0 a ( k ° • ° N 0•
0 0 •i-1,--4 0 4-)U4 b 0 •rob
N 0 ua 0 0 0 10 N N
NA k 0 a) • {s -1 a) •4 -)
1 .0 00,U) 0 • N E O 0 O
f. 0 0 r--1 0 .9 0 •rl 0 +) 0
1 1 (0 'L3 •r U U E O r-> (0 4
4- 0 t" 0 0 •rl 0 •r4 U) (0 0 (0
on 0 0 0r '� 0 0> MI 0 0 0 a) 0
N •r1 0 O •r4 A 0 E •ri •r•i 0 0 71
E Oro '� •> 0 �� 0 r 00
0 •rr4 0 N ° 0 O 0 O k E 0 > a) 0)) ( mo d
0 00 0 ..z: (0 44 0 0 A 0 0 0 0
a) $ - 1 4 0 0 0 0 0 0 ') WI >
0 r-4 0 •r4 U) .) > 0 + U) a
1 0 E b r1 0 I 0 0 0
•.4-4 r0 0 al 0 -P - 0 0 0 + (0 (0 0 0 a o 0
a 00 44 0a)0 0 >00 0 a)
O • $4 44 Ti 4 0 •ri N 0 N 0 N 0 4)
r-I •rl 0 0 4-1 0 H f•1 r-i 0 0 P It 0
(0 4) 00 w P 0 ,-.4 0 -4 o 0 E 0 r 0
0 ro 0 0 (0 N 4-) ro 0 •rl t~ 0 0 r-1
0 a •rl b 0 ? • 1••-i 0 0 0 0 +) a) $4 0 0 a)
•r o OD 0 > f i 0 0 0 N Ad 0 > 4.1 (0 0 H
4- 010 (0 0 0 •ri •ri E 0 0 0 A 0 r-1 U) 10
10 0 OD $1 4-) 4.4 a- ,r1 O P *r4 {.1 N r-1 •rl
• o 0 cn 0 4.4 td u) 0 r-1 t~ N 4-) o E A
0 0 N 4 0 r•-1 0 OHO +-) N 0 0 0
0 0 0 •H 0 0 > > 0 > >~ • 10 In 0 •r1
0 A 4 i ri ,C 4) 4a -r-1 0 0 J 0 0 ,.c • ri A A
o E4 0 ri4 E -1U)o> 1-4 a 0 P+ U, E•+ E•+3
a
w
M
w -
b b
N O
r-IOO
mom r-1; 1O M�r-1
kONL() C)b0 OO)N 4
O O 100h10 OO'M 00M0
(nOhW OCf)
O CO aW C) ..t+ - O h U)
riw.' >pg O u) uD> v o 0 0
L
(r) e-1 r-I ri r-I N N '
84 89 Q 84 84 84 84 84 84
• • • • o o a
. . . W W O •
. . . - O w '.0 0 N
Cr7 • • • H C) 0 CO
1.a � 0 CO
U) a '.O t0 03 •
•
!,'.7I• . • . . Z 4 U) • • • •
" • . •
• 0 1 • • • 0 U u)
W Ho 0
pogo O • • > b (n • O U 0 N r•1
. )
H • FC • ri ) •-••• r•1 b N N 'U U
0
✓ a • • •r1 r - 1 U ro o n A
Z • • UA N >~A U r• rda •
• • 0 r- •rr4ri0 0 0 0 U r 0 i (f)
• . a 3�� oo > b ni o`°
• • it N •�
• • r-1 U) 84 ON — U) 4) g N m
• mr-1 40
• : > ▪ H o � 4 J (D • �A NA
• • • —00 .0 Nb(0 +
3a) �En
U oU a 4 r-1 .-I
M00 Mo � A0-1 NH X1.5
•r r4 0 • ? Q) ' ID 4) U) N -.1
1000 d•r
-4 N 0 1� �N( to-
0 O4
�.' U U U
O r-10 01
0 N
• k U) •r N 1 >4 •
a a 0 0 u) $.4 (U a) (CI U ) .0 f-1 to
F44.H•m1 0 U 0-P0 - +) U•ri
M al o w Ub 004 � (Y)4
55HHOm ril+) 4J0 is,
ro '
H H 0 a N
N in C N L's NONQ► r-I N0inCO4OTOM1-1in 4 l-
4 ('sNOr O r O)MCo00∎OW OMrOtn Lc) ONu 1 r 1
17∎E•+t�Dotn tOT MON�ONtoT rIN r-I r•INt�cnI 00NON 0
T (.4 • CO 0 w . IV O. V4 11. 04 414 64 . - 1 fo. 1
1-I C7tnCOCT in ON r-I t70r- I tOt�OsC0lnastn0as CTNNM1040 in
pi 0 •0 r^I 10M0MtN r-I st -4 OTt)O04NinOT r-I Nin QO r-I
Lc) In 0 to r-I N H N r•I M r4 CO NO r•I t!) to )
U
W p
co N to r-I to
A
01 4 M L�L� tncOMTTN - 0 Nri0 -' M N
M M O N 40 L� L- 1/40 CO 1/40 I I tO ■0 ri CO T CO M T I 1/40 1/40 in 1/40 I t0 CO
a%E•-It0 NI∎ MM.itO0M04COtOt0- 4400TInTON N
01 4'4 -0 . . 1 1 - . os s. a. ft • 1 w 1 .
riC7In10 Cr) T r- Ir -I Cr) 104 Min MN 0N014 CO r1M4 01 N
AT •4M 1/40NON1/40 T100004COalin 03 s r-I M r-I
W � CO -4 tn4 r r -1 r � r•1 In 01 -
iNrIN r-I ttn N
co ri to r-I to
b9 to fA 0/
V
A
10 MTCOtn COriTMN0M.'lt10 (NI M�t0 N r-I
n 01 1/40 MCO04T I I in CO f+M000 NtnN4COt0 4 N t�
N 00st tt) in4in4 r-I 00inCOCOt00t0 CON 4 01
01 T0tn4 - I I - - •
. . . . . . . . . . . . . . . .
0 - 1/40 NTN4 t0tn r-I 400 4 CONtnCON1I0 st CO
r•IH- 00u) te r-I CO r-I 4 0000T41/40In4 M4 01 1/40 01
A N • 01 1/40 r-I r-I r-I N ri N 1/40 U•) r-1 to in CO r•i
pp��
E-+ y+ '� r-I 4 1/40 •• -
M
k 44 toe 49 tf? 3Rl
O 0 , A
W r-i 1 C T 01 r•iN4t� I I CT inri4CON44 Cs. t000 In tO
W '>t 01HOOt.t� N 4 Cs- C's .40000T C's 44t�N00M -4NT - 1/40 1/40
O aFWs+ 1 I r
I-I
CO COkCOri 4MCO Mt� M
Nt�.$M MIn4t004 N
> 1 1:4 0■ • 'O 'O Q C N 01 r1 to 00 is 10 M rl N 4 1-4 4 r-I 1/40 0
Fi H W r-I M to I-4 r•i N r1 r-1 4 to r-1 T N - 01 4
C) W CO 1-1 4 r-I 4 .6%
C7 ag as * V
W
0
N H
•r1 A O
0 to •ri N W
+•> r• •+•) +! • rI W Lei
CO CD Cl) 1 0 4- ni .---i 0 4 0
1 E: Iv -P CC) 0
J 4 2 :; O W
ro ro 1 p g�•••• o+J0000 k a00 fiEI a
'>' E1 O ro 0 C) •ri •r1 0 r-1 C7 0 0 r-1 0 A 4--; 4.2! 0 O al
C)Z U 0E00 0 0 ro 04•N•4-1 o ro cnE1 a
r ob .-1 0 o o N+) A •r b
1 0 ,- •I•r1•r ml m x
l
a g g ? t r~ ro ro 0 to >4 0 44-44-1 0 i •r ,-i •44-4 r-1 0 k X o
+•I •1•) 0 o0 E 0 o k +► 4 •ri o0 0 , -i P •ri a A 0 A P A >
00 wa o c0 w a0oZw c n o a c naaA w
a
c7 a c7
N
r
0)
i
-4
0
w 0
0 CO
aO 44 W
a Z w 1 1 1 1
Q
03110w00N N 1)000% 10 0070000 t0 1,4 1.0 0 r0000003000001 10 000
EE 04 CO 0000000111) 07 rlr O CD P11)000 t0 r r. o0o0 e1, NO Nn7 14• 0 00
0 U 011, e' 01, 0 ) 14'00 14• N 0 10 U1 r • O • NNO1 0 r • 1,.1,•x10 0 • r r 00
0 Z N 40 0 r. 1,1 .4 1,l 1.4 N CO 1p 1.4 to 0 r. N 0 0 In 07
1, .-
CO
1 11 .-1
O
A 1 1 1 1 1 1 1 1 1 1 1 1 1
14 14 . 1,0 00 U7 0 CD PI CD CD cP 000Ot..0001)0)0000 07 000
011 U 00 O 000000 03 0010 O 00 to N 11130 to c1, 0001'0 O 0 0) 00
H Z 07 1) O e1, 1, O O O 10 1,1 O to e1, O 14. N to O 0M 07 1> N 11 1,1 r4 07 07 O O 1) e1, t0
14•W . .
W 01 a r. 0) on r4 .4 c1' In r 1,1 0 0 N CO 1,1 0) t0 0) .-1 0 14• 04 1) N r♦
a 01 W 10 N N 1,4 N 1,1 in IA N 0 1,1 t+) t0 r.
' 4 W e1, cP r. N r.
0 W
E H
A
0
14
A Ino o 0 o O o o O O o In 00 to 0 00 0 0 In 0 0 0 0 er P7 0 o 011,1 o 0 0 000 000 r 0 0 0
Q W OOtn CD C) 00000 1.0 00/000 10 1,1• 1)070 C IF el. 0000 0 01 000
04 to O 1) r. 0 0 00000 1p OOer 11007 w1, 1, 00 0) r 0 O 1) N 10 0) 07 N 0 1n 07 eM 10
0 p. tn14• O a} 03 N o r 10 10 O N r• 1.007 N N el 1,t r N N 1) 03 r1, .r 03 N N N
U O O 1n .-1 e 1 N M N 0 1) ('7 e' 14' N 1.0 1) 1,1 CO 1,4 07 N CO
% 04 0 14' r 11 c1, r-. 01 10 0.1 07
N 0'7 1,i
a E 14'0000000000 eP 00000000 o O o 000
Q 07 W cm 01) 0 0 000000 r 00 O rIN 0 0100 0'00000 1)0 O 0) 00
H or A tD0r1001Tr00003 e. 01)0 00007 er N 00 0O 'n000t000 N O3070 O 1,1 07 030
E+ W x1',7 07 ('7 e. 4.10) 03 1) O r 10 O x10110 u1 N N 07 O 1, 10 N101.000 r x0 to 1.0 14' N N 1 04 03 or 1,1 (1,1 CO er NN 03 e1, N 01 1,1N 1)101,4 ('7 0 07 ( 4 .0 N 0)
O 1 1) 14' r 1,1 01 M 1) N 1,1 14'
W 0 N r4
X 14
C4 r)
W to 03 W CSI N 07 1,0 0Mri07In rr1 CO 01 1)N 011 C r 010 N
E H 0 O 0 N 1) Ul 1.0 1,4 10 1,1 .-1 r 10 14. O 0) O 1) O r 0) 03 N 03 1) e' 4 0) 07 O 00 1) O O .-1 0'7 '7 0)
Q V] / 00 01701 14'000001) r C• r. Ch 4 4 cn cre-c0 e1, 01 07 c0 r - c) r - co %en co ulr. 00 10 0717 n)
D. >• at W . . • . . . . . . . . . . . . . • .
W a uq O1> 1)1,1 10 1,11OO CO O 1,1 N N N r r N N N01 N 1) x40 cP 1,y un'l 1,0071, N 'l N N
0 l > H p: Q' t') N 0 1) N 03 cr 1. 1,1 1,1 e' cr1 0010 N 0
W 04 04 N 07 1,1 01
W E N
C.
0w Z
0 A
>1 A U)
E ]
H 03 d'
U 01 .
0 m
W N (4 0'11)00101001)1)0100.7 1.0 14'03 N U1001 N 14' 000NO 14' 0010 e1, N 0711000007 N OM NN
CD CM Ill 00 - 1,4 N 07 O r- N N x 0314' VD N e' 0) 1p 0) 010300 M 0) 03 O ul N N M1)
O a NZ 1,r- P) 14. t+) 01110) r 0 r Mgr 031014' 11 10 r - 0 CO 0'713 N 1) O CO N CO O O 0'7 M 1)
0. Q cm ml . .. . . . .. . . . . .
0 14 0) > e1, N N N 1,1 03 10 '0 x1 10 N O 1,1 14. 1,l r M M O7 10 r 01 cN 11 01 10 0) r. r 1■ 0 r .4 e' N
a >4 1,1 w • r4 er r♦ 07 1.O N N O e' 1) r♦ N 1,1 411. • 1,.1 14' 01 0'7 N O)
0' 04 14' 14' 10 r1 CO .4 cn Ul 1,1 N
E
W 1. N 1,
0
A
. O
A W 030505 rr10000 14' un 1,4 1,4 c1, 0000+) 0010NO3100 000 14 r03r
'-7 u7 r 0'114' 1,100T r *01003 07 1 0 0310 x1030103 0) r N 030 N 10 c* 00O 0301.0 14' 01 e1, 1,1
r4Z 100 r4 01 N 10 4 101017 0/ 1n 14• N r 14' el 03 er t0 N 0 r r 1014' 1p t•) 1.O N r•103 Cu M
e1, 10 r. •
V3 U3 01 1,4
1,i W 1p 071,1 r 07 N 0 01 N 07 CO r11n 1,i 100714' 07 1) 1007 e. x10 NO r r Or N 10 07 1,1
01 to 1,1 - N x4 1) 14• • - 4 0 03 N N 01
a 07 e' 10 1,4 10 1,i el 1) 1,4 1,4
1 \`.
1,1
01 CO E •) Z 0 ' . —
U) w E. 14 ai X a H C7 w w 0 0 0 >
H E N U 0) 01. 10 W
7q (4 (4 H aW (-4 E za •
U X03 0 E a
1� O Wk. ti�z w Z H 0 0 H 0 *- > zZ E>. r Z r � (3
E U2 (4 omZ? � { .�0 >• a a3 a EE 0 14 4 U H E• 0 Z z� t I E- 'C Z Z a
Z 14(4 0) x II - - C �LG�H > 4 UU E- a Ua 1 OZ0� E a w 1 E LD 43 4 0 X a
W 00(9 t� O
OHH aEEF 4 43 't) C7 W a0 Q
t111 0 000 Z P.
0
.4 » r: (1 0(')H 14 as a 04a a;0 14 • 0 ZZ a w Z - w 0. H4: DC 0 a a o COH
Lt: qqq 0U Zz� •7 > 1 .'7 >4 QA W W W H 0) a awt7 E H W 00010 X m a 2 X O 0 ln0D
z a w O UaaaaAtN i W o0
'¢ O P4
•(40Ua pi cn c) j aU W wDCW
0 14E . 6... H C) • E E H�OH oc 03 Z H' ZHHE. H A>. 401 0 W O Z E. X44
rn t0.4 0 az 1:C w w00w E 4Z.C5C�C >w 14 ' 1 4 <(- 4 H 0El�wa ' E ¢N E. H4A Z P. H H w 1 r.
0 0. -10(4a pq (4.1 03 O. H14 U. Z KC 0K 0 X Z.1 .1
a(4O .1 43 (40Q .1 W a .r a W A .1 .1 43 A E. N E H..7 EH .1EOH W W E O .1 0 0 1') O oC 0
NN •• t1A0 (4E0 07 C4AA 04ZU0 on 01 x 0 UtnXC'¢w0 44 04 04 o0.04 :3 oO on 0101.1
A
0 r•
077
0 x1 00 N00000000 000 1,1N07 w3.0 00M 050rIN14'110O0101 xIN010 1'0 Ulr4 0 00
IN 1,I N e1, 1,4 N 0714. 1) 1,4 N er N 01 r. r. 1,i 1,l 1,4 1,4 C4 er r 0) 1,11,11,11,1 r. 1,. N ep c1, e1, r r 03 03 1,1 NM 1,1
a .-Ir1 N el el el 07 M e1, Mr c 1, 1,1 rINNNN N OM 14' cP 14' 14. 1111'1'111 u71' 1).n ulrr 1, r CO r. r1N
NN N N N N N 07 07 07 07 07 P1 07 07 07 07 01 01 07 07 0307070307 14* e1, e1
0 M 01 01 03 01 07 07 01 01 01 01 07 el 07 07 01 01 07 07 07 07 01 el 01 01 01 07 07 01 01 01 01 07 01 01 07 07 01 4') 01 01
N
,N
I 0
.-4
m
H
0
w0
0 C
a «
O. m I 1 1 I I 1 1 I 1 1 I 1 1 1 1
4 0000,41- m 0000 m 0000mV'00000000 a 00000N0000 m 01
IE a 0000N01 0 0000 0 000 oMV'00000000 M 000t0001oMNO 01 M
0 0 • ON • W N N NO0 H 0 0.OMO 0 000 W 00 m • CO • , 0s ' M H
A Z 0M . T H MO .•1 ul 0 M V ul 00N V' o V' N r+,4 V
H V' H H H H . .
al
0
A 1 1 1 1 1 11 1 1 11 1 1 1 1
W w 0000v0 V' 0000 0 0 00 1 00000000000 01 0 H0 HOO1M0 1O a
W 0 00 .-40 H 000 0 0 0000 0 000 0 1001 m ' 00 H H
'd' Z OM Om M 000 u0 0 NrINm 0 000 01 N0 01 CO NO 0 0
14 01 a V 01 V• 0 0 H H 01 to 01 u1 H M CO 01 H M N V N V t0
a 01 1W .-1 .-1 H 0 m ON IA .-1 N I`
O w N N
E H
0
0
W
,W 0 000000 In 0000 0 00 000000000000 0 00100001OW00 In N
rt w o0 t-0 N 0000 o 0 o 00 0 0 0 01 0 ul HH m N
a m 0 I in c0 .-1 0 w 0 t0 H 0 'Cr m0 0 0 N in O H PM 1s N
X 0
O a ul NH .A O M H ut ul H .-1 0 ul m H N N 001 In m
U 0 CO Cr M 01 01 V. H t0 N H
a 1 ..1 a 01 H m H
♦< p4 H N ul
0
o E 00000'.o 01 0000 0 0 001 0 0 0 0 o o O o o o 01 M O O M O O O N N O H M
4 mw o o coo m o 0 0 0 0 0000 0 000 o t0 H 0 0H 0 t0
H 01 A O m 00 V 00 t0 t0 0 N O '.0 m 0 000 .-4 N 0 0 O M N N
w H H 4 r - ul 0 ul ul O 01 H H 0 H N N 01 CO 0 1.010 0 01
E 1 al O co V. m CO 01 r4 H N 0 0 1• H r4 M
0 1 r4 . 1 N N ul V
■
w 0 1^
a 14 -
W m 03 w 0N00 V'ul a t0 V'm0 m me 0 V'000 o010H,'O m o00000orN0 01 01
E H 0 A 00 WW t0 01 0 t0 N M 01 Ul r4 1n H r4 V• H 01 0 OH H CO
4 i M Z NH Mm t0 NHNO N 0 OI'3 0
w a >4 01 14 . . ft. . . H. .. . err') M 0 o rn o1 0
pq M> H H m to H M M m 0 H H H V 111 CO 0 t0 t0 N N
A Q z >4 H a u0 H N t0 t0 H N V' 0 N H 01 CO
W Q > H H N 0.1
0
CO
D.1 E V'
O o
3. A m
E D
H al V•
U m
A a1
W H W 0N00 V'0 O1 Nkomo M r- M m0lln0 ul000Nm V'u! 0 000000000th ul 1`
W Mw H N V. M O V O M W N 1- n 01 O M m m H 01 M n t0 0 H .4 ul
0
0 a T M V' m N H N V• 01 10 N N H m ul to m to 01 01 O' H t0 0 1 - 1 - 4'
O W 01> H ON N M V 01 01 OH H Tm W >4 H W a t0 M 0 1-1 m m_.. H 0 H . cm 0 0 W to
E1 H H H t0
W w
0
A
a al • 0001000 t` 010 V' too cm ul MO Ma01∎ V'001t r4 0 o0000t000ot0 N 0
0... 01 4' nm M 01 H H r4 r4 u) O H III M N M u1 H H O N 01
H V' n u) l� In O ul N H Up H 01 t0 O CO d• l� V7 v1 ul t0 O1 O 0 O -
01w . . .
Q1 > a H N V' ul 0 0 H H ..- H 1 - r 1-1 01 1 V 0 ...4 ■
H W M V' m 01 0 o H H H V' N 10 01 m
W .4 H H H N M t0
. a
0 m a w a Z O O a 0 0 W W a .-1A a
W w W W E v)) � > 7 U' U W >CIw
a a
•Lwza3WwE
01 . a a 4 4 0 w m W as EoWA aE
w H O w w w H am 0 3 H a O w 4 W a A
\ Zm rt ClpgW 0'40 0 W W
z W - 00 .9 F. o m w wHOO. W 4 ZOO 00> A AW II I1-4 {U m 0 .
zw a 0%E a w.-aw H Z 0 Zama3E WEE ! w a
W WH0E oo EE X 0 H = I X W >
E4 w 000 'b )0> W 3
z 1aO O 4 03 `nalnA Z z a
w>UE . C7
a �t t FE. O> W UEwm . O Z az0mm(OH W a U 1 1 y a3'.r» W a
oG aCU as In6EZ as 4 ZU aa a aoaaa a wawww2k I!! - w E
w U ' OZO W i1G W . " � a H I ) W w W H H W 0.I-4E. 0 w E E a a w 3 w w w a W
Z Hmz . � a w Z A A W w > >40Z waEZwm 0 44 a 0 1 0
..HUH UH Z Hw0 Z EOEEE, W UU•'7 U) A OOH 0) HaHHHaaaa Z A
0 r w 11 00 H m m0H4 X0 mp)0 a
X H a aaawwwW0 0 ].
E O 0 w H w w I www W U 0000000oavwimlwi)03W Z 00
MO 0 wU0a m HUgH Z a as Pa Z 1� l I Z � r1 �t i
H E00Ea 00E4 Z<ZZ 0 HuZZ. OEwE to aaaaaoZ ida
03 E
\•• 0 aaExOW a axa EmE Emmmazxwx aaaaa O a
w � .t w 1n
N N • • m U a O a a M 00.00. M H U H H U U< H H m U 0 a 0 M 4 a Q 4 4 E E E E a M 0
•• A E
ON Z
0.4 O N H O H M 0000 00030000c'1(400000 0 ul 0 0 0 0 0 N m H
NN0101NN HM,'H HN V'I.HNHM V'HH01M01 HHNM V' V'V'eMV'0
0 NN1"14P1s HHH,' HHHHNNM V'V'Illtot00101 00000,-4,-I.4 '
•
a 4.414141414' 0000 t0 t0 t0 to t0 t0 tO t0 t0 t0 tO t0 t0 t0 03030303030303030303
0 m M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
03 Sep 93City of Edgewater - Road Related Revenues & Expenses (ROAD)
Municipal Revenue Sharing (33.2%) 33.20%
FY - 90/91 $344,783 $114,468
FY - 91/92 374,690 124,397
FY -92/93 362,572 120,374
FY -93/94 352,733 117,107
Local Option Gas Tax
FY -90/91 $180,346
FY -91/92 199,206
FY- 92/93 210,215
FY -93/94 214,541
State and Federal Rebates
FY -90/91 $14,467
FY -91/92 15,155
FY -92/93 15,000
FY -93/94 15,200
DOT Maintenance Contract
FY -90/91 $30,805
FY -91/92 30,805
FY-92/93 30,805
FY -93/94 31,200
Total Restricted Revenues
FY -90/91 $340,086
FY -91/92 369,563
FY- 92/93 376,394
FY -93/94 378,048
Street Lighting & Traffic Signals Expenses
FY -90/91 $91,062
FY -91/92 95,218
FY- 92/93 94,000
FY -93/94 103,000
DOT Maintenance Contract Expenses
FY -90/91 $45,165
FY -91/92 48,684
FY -92/93 71,961
FY -93/94 56,051
Public Works (Streets) Department Expense=
FY -90/91 $913,380
FY- 91/92 535,140
FY -92/93 588,567
FY- 93/94 523,523
Total Restricted Expenses
FY -90/91 $1,049,607
FY -91/92 $679,042
FY - 92/93 $754,528
FY- 93/94 $682,574
Net Restricted Revenues and Expense_.
FY -90/91 ($709,521)
FY -91/92 (309,479)
FY -92/93 (378,134)
FY- 93/94 (304,526)
CITY OF EDGEWATER
‘ , 104 N. RIVERSIDE DRIVE
* " * P.O. Box 100 - Edgewater, Florida 32132 -0100
- _ (904) 428 -3245 SunCom 371 -7005
o
G %
Y t
SQ T 4lIT
August 19, 1993
NOTICE OF APPEAL
Pursuant to Article X, Section C of Appendix B of the
Edgewater Code of Ordinances, Mr. David Echols, 708 South Riverside
Drive, filed an appeal with the City Council regarding the denied
variance from Section 7- 324(b) of the Zoning Ordinance in order to
allow construction of a swimming pool. The variance was denied by
the Land Development and Regulatory Agency on July 21, 1993. This
matter will be considered by the City Council during the special
meeting to be held on Tuesday, September 7, 1993, beginning at 7:00
p.m. in the Edgewater Community Center, 102 North Riverside Drive.
For additional information, contact Susan J. Wadsworth, City
Clerk.
lsk
gc RECEIVED
AUG 0 5 1993
C OMMUN I TY oEV
July 27, 1993
Mayor and City Council of Edgewater
P. 0. Box 100
Edgewater, F1 32132 -0100
Ref: Variance Request
Dear Mr. Mayor and City Council of Edgewater,
My wife, Peggy Jones Echols, two children, Stacy (8) and Justin (6)
and myself, David Echols, were denied by the City of Edgewater, Land
Development and Regulatory Agency a variance to allow for the construction
of a swimming pool. VA -0593 on July 21, 1993. We had received informal
approval from Mark P. Karet, Director of Community Development and I then
attended the variance meeting to answer any questions. It appeared the
*taw
Board was going through the formal approval process.
When I was asked if I had had the house built 7 years earlier, I
responded yes. This brought a funny look to everone's face and a sudden
•
denial vote. I am under the impression if I had bought the house my request
would have been granted.
I feel .this is very unfair. If there was a reason for the denial, I
could accept it, but the fact that I had the house built vs. having bought
the house ready built, does not seem fair. If I had bought the house and
got the variance, the pool would be 0.K, and there would be no problem.
However, since I had the house built, it's not O.K. to put a pool in.
First, a little background. I talked to Aqua Tropic.Pools, and
they informed me that I would need a variance. They offered to get the
variance for me. I was never asked if I had bought the house or had it
r built. Aqua Tropic Pools, if they led you to believe I bought the house,
did so without my knowledge of consent.
Second, when we had the house built seven years ago by Larry Harris,
there was no discussion about a pool being built then or at a later date.
This is something our family has decided to do just this year, to keep our
children and their friends at home and off the streets during their growing
years. If 1 was trying to put a pool in when I first bought the house I
would not have waited seven years to start the process.
Third, we have a privacy fence around the area which we wish to
t „ put the pool in. This fence has been there for the past seven years.
In conclusion, if I were to sell the house to someone else, I
assume there would be a variance approved and a pool built. The point
being the pool in existence does not cause any problem, and no one has
objected to us having a pool.
I would like the opportunity to provide my family with a pool for
home entertainment and enjoyment.
Thank you.
David Echols
'err
MEMORANDUM
TO: Mayor and City Council
FROM: Sondra M. Pengov, Staff Assistani
DATE: August 10, 1993
SUBJECT: Synopsis of July 21, 1993 LDRA Minutes
The following is a synopsis of the July 21, 1993 minutes that pertain to item VA -0593 -
Variance to Allow for the Construction of a Swimming Pool:
VA -0593 - Variance to Allow for the Construction of a Swimming Pool
Diana Ballard. authorized agent for David Echols. is requesting a variance from
'taw Section 7- 324(b) to construct a swimming pool.
Chairman Hellsten asked Mr. Karet to give the staffs report. Mr. Karet said the applicant is
requesting a variance from Section 7- 324(b) that requires swimming pools to be located 5 feet
from buildings and 10 feet from the property line. Mr. Karet said the applicant's .26+ acre
parcel is nonconforming as well as the 2 story, single- family residence and a storage shed
which is on the property. Mr. Karet stated the applicant would like to construct a 15 ft. x 30
ft. pool, with decking 4 feet from the residence and 3 feet from the property line that would
encroach 1 foot into the required separation from the home, and 7 feet into the required
separation from the property line.
Mr. Karet said the 5 criteria has been satisfied, however, the Department of Community
Development supports the applicant's request only in part. He said it is staffs opinion that
the 5 foot separation between the pool and the residence should be maintained to ensure the
structural integrity of the buildings that might be damaged by nearby excavation.
Chairman Hellsten asked for member comments.
`''r'' Mr. Garthwaite questioned whether the pool would be screened, and the applicant replied yes.
Mr. Masso inquired about the setbacks with a pool enclosure of which Mr. Karet responded
the City would have no problem with an enclosure as long as the setbacks described in the
report are met.
Page -2-
RE: Synopsis of July 21, 1993 LDRA Mintues
After other discussion between the Board and Mr. Echols. owner of the property located at
708 South Riverside Drive, the Chairman asked the Board to vote on the 5 criteria.
Chairman Hellsten read "A" of the five criteria....does a special circumstance - exist? All
members voted YES .
Chairman Hellsten read "B" of the five criteria....strict application would deprive the applicant
of reasonable rights. All members voted YES.
Chairman Hellsten read "C" of the five criteria....special circumstances or conditions do not
result from the action of the applicant. After the Board conferred with Mr. Echols, Mr.
Fazzone asked Mr. Echols if he purchased the home as a resale or did he have the home built.
Mr. Echols replied that he had the home built 7 years ago. Mr. Karet said this was a
different response from what Diana Ballard of Aqua Tropic Pool, Inc. said during the review,
she indicated that Mr. Echols had purchased the home as a resale. Upon the Chairman
4140, taking a vote on "C" of the criteria, all members vote NO.
Being that "C" of the criteria wasn't met, Mr. Masso moved to deny the request, based on
criteria "C ", the property owner built the home and is responsible for the conditions of the
property, seconded by Mr. Masso. Motion to deny CARRIED 7 -0.
Chairman Hellsten informed Mr. Echols that he could appeal to City Council.
'taw c: \correspo \synopsis
*s- MEMORANDUM
TO: Land Development and Regulatory Agency
FROM: Mark P. Karet, Director of Community Developmentnik
DATE: July 15, 1993
SUBJECT: Variance Request - VA- 0593 `
Applicant - David Echols
Agent - Diana Ballard, Aqua Tropic Pools
Request:
The applicant is requesting a variance from Section 7- 324(b) of the code of ordinances in
'' order to construct a pool. Section 7- 324(b) requires pools to be located 5 feet from buildings
and 10 feet from the property line.
BackEround•
The applicant owns a .26+ acre parcel, located at 708 S. Riverside Drive, in the R -1 Single -
Family Residential district. The parcel is nonconforming. It is approximately 575+ square
feet short of the 12,000 square foot minimum lot area required in the R -1 district. The parcel
contains a nonconforming, 2 story, single - family residence, and a nonconforming storage
shed. Both structures encroach into the rear yard setback. The property also contains a spa
located on the north side of the single - family residence. The applicant intends to remove the
spa if the pool is approved.
The applicant wishes to construct a "standard" 15 foot x 30 foot pool. As proposed, the pool
with decking would sit 4 feet from the single - family residence and 3 feet from the property
line. This location encroaches 1 foot into the required separation from the home and 7 feet
into the required separation from the property line.
Nor Discussion:
A variance is a grant of approval for development activity that is prohibited by the City's
codes. A variance should generally be granted when it is found that the property in question
Page -2-
Variance Request - VA -0593
cannot reasonably be put to a conforming use. A variance should also be granted if it is
found that strict application of the regulations constitutes an arbitrary and capricious
interference with the rights of the property owner.
The zoning ordinance contains 5 criteria which are set out in Section 904.01. All of these
criteria must be met before a variance can be granted. Each of the 5 criteria are addressed
below:
A) Special Circumstances exist which are peculiar to the applicants land,
structure, or building, and do not generally apply to the neighboring lands,
structure or building in the same district or vicinity.
The single - family residence is located in the northwest corner of the lot. As a result
neither the interior side or rear yards possess the 1,296 square feet of open space
necessary to locate a standard size pool.
B) Strict application of the provision of this ordinance would deprive the
*taw applicant of reasonable rights commonly applicable to other properties in
the same district.
Strict application of the City regulations will prohibit the applicant from locating a
pool anywhere on the property. Section 7- 324(a) of the zoning ordinance prohibits the
location of pools in front and side corner yards. The application of Section 7- 324(b)
to the property without a variance would allow the construction of a pool that is no
wider than 4 feet to 6 feet in the interior side or rear yard.
C) The special circumstances or conditions do not result from the action of
the applicant.
The applicant is not responsible for the size of the parcel or location of the structure.
D) The granting of this variance will not cause a substantial determent to the
public welfare or impair the purpose and intent of this ordinance.
,`, Staff can find no reason to conclude that the granting of this variance will cause
substantial injury or otherwise harm to the general public.
E) The granting of this variance will not constitute a grant or special privilege
that is denied by this ordinance to other lands, structures or buildings in
the same district.
Page -3-
Variance Request - VA -0593
Nifty
The granting of this variance will not constitute a grant of special privilege. It will
allow the applicant to locate a pool on the property that would otherwise be
prohibited.
Recommendation: .
Staff finds that the applicant has satisfied each of the 5 criteria established in the zoning
ordinance. However, the Department of Community Development supports the applicant's
request only in part. It is staffs opinion that the 5 foot separation between the pool and the
single - family residence should be maintained. The purpose of the 5 foot separation
requirement is to ensure the structural integrity of the buildings that might be damaged by
nearby excavation.
MPK/smp
c:\ldra \va0593
Now-
Nosy
LAND DEVELOPMENT AND REGULATORY AGENCY
INFORMATION SUMMARY
slaw
CASE # VA -0593
PROJECT NAME: David Echols
APPLICANT /AGENT: Aaua Tropic Pools, Inc./David Echols
OWNER: David Echols
REQUESTED ACTION: Variance
PROPOSED USE: Residential (Swimming Pool)
LOCATION: 708 S. Riverside Drive
AREA:
EXISTING LAND USE: Residential
Nary
FUTURE LAND USE: Low Density Residential
ZONING DISTRICT: R -1
SURROUNDING AREA
EXISTING LAND USE/FUTURE LAND USE /ZONING DISTRICTS:
NORTH: Residential/Low Density Residential/R -1
SOUTH: Residential/Low Density Residential/R -1
EAST: Vacant Riverfront/Low Density Residential/R -1A
WEST: Residential/Low Density Residential/R -1
APPLICABLE SECTION(S) OF CODE: Section(s) 904.00 thru 904.06 and all other
" applicable regulations associated with the variance approval process.
/smp
c:Vdra\info.sum \va0593
€ aqiatech ,
June 9, 1993
New
City Of Edgewater
104 North Riverside Drive
Edgewater, FL 32132 -0100
Re: 708 South Riverside Drive, Edgewater /Request for variance criteria
2. a. Placement of residence was situated in such a way that the only
feasible placement of proposed swimming pool would be in the
location as placed on plot plan. Please see attached plot plan
and proposed swimming pool location.
b. Strict application of the provision of ordinance, ie.' ten (10)
foot set back, would deprive Mr. Echols of his reasonable
right to own his own swimming pool. Mr. Echols purchased his
home with intent of building a swimming pool. However, at
the time of purchase Mr. Echols did not have knowledge of oridance
(10' set back)
Now c. Mr. Echols had no participation in the placement of his residence,
as it was purchased after the fact.
d. It is our firm belief that the granting of this variance will
in no way cause substantial detriment to the public welfare
or impair the purpose and intent of set back ordinance. Futher,
Mr. Echols property is presently inclosed by. a 6' wood privacy
fence in area proposed to build said swimming pool. It is also
our firm belief that the granting of this variance would en-
hance Mr. Echols property /residence in such a way that would be-
nefit the community by adding value to said property.
e. It is our knowledge that variances of this nature have been granted
in the past, Therefore, we believe that we are in no means asking
for special privileges, only the opportunity for Mr. Echols to en-
joy his property in such a way that is already accessible to thou-
sands of pool owners in this area.
Nor
AQUA TROPIC POOLS, INC.
2900 S. Nova Road, #2
South Daytona, FL 32119
Phone: (904) 788-9599 • Fax: (904) 756-2200
NSB (904) 427-5513
Palm Coast (904) 455-0504
3,
AGENDA REQUEST
C.A. NO.: 93 -100
Date: August 30, 1993
NEW UNFINISHED
CONSENT BUSINESS BUSINESS
PUBLIC
HEARING 09/07/93_ RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Public Hearings Ordinance Nos. 93 -0 -14 and 93 -0 -15 Amending Article
III (Sewers) of Chapter 19 (Utilities and Services) and Article IV
(Sewage Disposal) of Chapter 10 (Health) pursuant to the Funding
Requirements of the Wastewater Capital Improvement Program.
BACKGROUND:
On August 9, 1993, the City Council approved the attached Ordinance
Nos. 93 -0 -14 and 93 -0 -15 on first reading. Notice of Public
Hearings was published on August 27, 1993.
RECOMMENDATION /CONCLUSION:
Adoption of Ordinance Nos. 93 -0 -14 and 93 -0 -15 would insure
compliance with the funding requirements of the Wastewater Capital
Improvement Program.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
/ . e � mot' . y�LG�a..
Kr sta A. Storey 7 George E,l McMahon
City Attorney City Manager
11-AA
Terry A.• adsworth
Director of Utilities
KAS /rmw
Attachments
ORDINANCE NO. 93 -0 -14
AN ORDINANCE AMENDING ARTICLE III (SEWERS) OF
CHAPTER 19 (UTILITIES AND SERVICES) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA, BY ADDING SECTION 19-30.1 (PURPOSE
AND POLICY); SECTION 19 -30.2 (DEFINITIONS) AND
SECTION 19 -38.1 (PRIVATE WASTEWATER TREATMENT
AND DISPOSAL FACILITIES) AND AMENDING SECTION
19 -32 (UNAUTHORIZED CONNECTIONS PROHIBITED),
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida',
has determined that pursuant to the funding requirements of the
wastewater capital improvement program, it is necessary to amend
Article III (Sewers) of Chapter 19 (Utilities and Services) of the
Code of Ordinances.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE III (SEWERS) OF CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES
Section 19 -30.1 is added to read as follows:
Section 19 -30.1. Purpose and Policy.
This ordinance sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the City of Edgewater and enables the City to comply
with all applicable State and Federal laws required by the Clean
Water Act of 1977 and the General Pretreatment Regulations (40 CFR
Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the
municipal wastewater system which will interfere with the
operation of the system or contaminate the resulting
sludge;
(b) To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the
system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 1
system;
(c) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
(d) To provide for equitable distribution of the cost of the
municipal wastewater system.
This ordinance provides for the regulation of direct and
indirect contributors to the municipal wastewater system through
the issuance of permits to certain non - domestic users and through
enforcement activities, requires user reporting, assumes that
existing customer's capacity will not be pre - empted, and provides
for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
This ordinance shall apply to the City of Edgewater and to
persons outside the City who are, by contract or agreement with the
City, users of the City's Publicly Owned Treatment Works. Except
as otherwise provided herein, the City Manager of Edgewater shall
administer, implement, and enforce the provisions of this
ordinance.
Section 19 -30.2 is added to read as follows:
Section 19 -30.2. Definitions.
Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this ordinance, shall have
the meanings hereinafter designated:
Act or "the Act ": The Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 U.S.C. 1251, et.seq.
Approval Authority: The Director in an NPDES state with an
approved State Pretreatment Program and the Administrator of the
EPA in a non -NPDES state of NPDES state without an Approved State
Pretreatment Program.
Authorized Representative of Industrial User: An authorized
representative of an industrial user may be: (1) A principal
executive officer of at least the level of vice - president, if the
industrial user is a corporation; (2) A general partner or
proprietor if the industrial user is a partnership or
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 2
proprietorship, respectively; (3) A duly authorized representative
of the individual designated above if such representative is
responsible for the overall operation of the facilities from which
the indirect discharge originates.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at 20 °C, expressed in
milligrams per liter.
Building Drain: That part of the piping of a building which
collects wastewater inside the walls of the building and conveys it
to outside the building wall.
Building Sewer: The extension from the building drain to the
public sewer or other place of disposal, also called house
connection.
Categorical Standards: National Categorical Pretreatment Standards
or Pretreatment Standard.
Chemical Oxygen Demand (COD): A measure of oxygen equivalent of
that portion of the organic matter in a sample that is susceptible
to oxidation by a strong chemical oxidant.
City: The City of Edgewater or the City Council.
City Manager: The person designated by the City Council to
administer all City activities.
City Council: The duly elected officials of the City of Edgewater.
Cooling Water: The water discharged from any use such as air
conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
Control Authority: The term "control authority" shall refer to the
Administrator if the City has an approved Pretreatment Program
under the provisions of 40 CFR 403.11.
Customer: Every person who is responsible for contracting
(expressly or implicitly) with the City in obtaining, having or
using sewer connections with, or sewer taps to, the sewer system
of the City and in obtaining, having, or using water and other
related services furnished by the City for the purpose of disposing
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 3
of wastewater and sewage through said system. Said terms shall
include the occupants of each unit of a multiple family dwelling
unit building as a separate and distinct customer.
Direct Discharge: The discharge of treated or untreated wastewater
directly to the waters of the State of Florida.
Easement: As acquired legal right for the specific use of land
owned by others.
Environmental Protection Agency, or EPA: The U. S. Environmental
Protection Agency, or where appropriate the term may also be used
as a designation for the Administrator or other duly authorized
official of said agency.
Floatable Oil: Oil, fat or grease in a physical state such that it
will separate by gravity from wastewater by treatment in an
approved pretreatment facility. A wastewater shall be considered
free of floatable fat if it is properly pretreated and the
wastewater does not interfere with the collection system.
Flush Toilet: The common sanitary flush commode in general use for
the disposal of human excrement.
Garbage: The animal and vegetable waste resulting from the
handling, preparation, cooking and serving of foods.
Grab Sample: A sample which is taken from a waste stream on a one-
time basis with no regard to the flow in the waste stream and
without consideration of time.
Health Officer: The Volusia County Environmental Health Director.
Holding Tank Waste: Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum -pump
tank trucks.
Indirect Discharge: The discharge or the introduction of non -
domestic pollutants from any source regulated under Section 307(b)
or (c) of the Act, (33 U.S.C. 1317), into the POTW (including
holding tank waste discharged into the system).
Industrial User: A source of indirect discharge which does not
constitute a "discharge of pollutants" under regulations issued
pursuant to Section 402, of the Act (33 U.S.C. 1342).
passages are deleted.
Underlined passages are added.
93 -0 -14 4
Industrial Wastes: The wastewater from industrial processes as
distinct from domestic or sanitary wastes.
Industrial Waste Surcharge: The charge made in excess of the sewer
service charge for all wastewater over and above normal wastewater.
Infiltration /Inflow: Groundwater and surface water which leaks
into the sewers through cracked pipes, joints, manholes or other
openings.
Interference: The inhibition or disruption of the POTW treatment
processes or operations which contributes to a violation of any
requirement of the City's NPDES Permit. The term includes
prevention of sewage sludge use or disposal by the POTW in
accordance with 405 of the Act (33 U.S.C. 1345) or any criteria,
guidelines, or regulations developed pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more stringent State criteria (including those
contained in any State sludge management plan prepared pursuant to
Title IV of SWDA) applicable to the method of disposal or use
employed by the POTW.
National Categorical Pretreatment Standard or Pretreatment
Standard: Any regulation developed under the authority of 307(b)
of the Act and 40 CFR, Section 403.5.
Natural Outlet: Any outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake or other
body or surface of groundwater.
New Source: Any source, the construction of which is commenced
after the publication of proposed regulations prescribing a Section
307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register.
Where the standard is promulgated later than 120 days after
proposal, a new source means any source, the construction of which
is commenced after the date of promulgation of the standard.
National Pollution Discharge Elimination System or NPDES Permit:
A permit issued pursuant to section 402 of the Act (33 U.S.C.
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 5
' 1342).
Normal Strength Wastewater: Wastewater discharged into the
sanitary sewers in which the average concentration of total
suspended solids and OBD is not more than 250 mg /1, total
phosphorus is not more that 15 mg /1, total Kjeldahl nitrogen is not
more than 30 mg /1; and total flow is not more than 25,000 gallons
per day.
Person: Any individual, partnership, co- partnership, firm,
company, governmental entity or any other legal entity, or their
legal representatives, agents or assigns. The masculine gender
shall include the feminine, the singular shall include the plural
where indicated by the context.
pH: The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Pollution: The man -made or man - induced alteration of the chemical
physical, biological, and radiological integrity of water.
Pollutant: Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharge into water.
Pretreatment or Treatment: The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the
nature of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in
lieu of discharging or otherwise introducing such pollutants into
a POTW. The reduction or alteration can be obtained by physical,
chemical or biological processes, or by process changes or other
means, except as prohibited by 40 CFR Section Part 403.6(d).
Pretreatment Requirements: Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard imposed on an industrial user.
Publicly Owned Treatment Works (POTW): A treatment works as
defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 6
in this instance by the City. This definition includes any sewers
that convey wastewater to the POTW treatment plant, but does not
include pipes, sewers or other conveyances not connected to a
facility providing treatment. For the purposes of this ordinance,
"POTW" shall also include any sewers that convey wastewaters to the
POTW from persons outside the City who are, by contract or
agreement with the City, users of the City's POTW.
POTW Treatment Plant: That portion of the POTW designed to provide
treatment to wastewater.
Public Sewer: A common sewer controlled by a governmental agency
of public utility.
Sanitary Sewer: A sewer that carries liquid and water - carried
wastes from residences, commercial buildings, industrial plants,
and institutions together with minor quantities of ground, storm
and surface waters that are not admitted intentionally.
Septic Tank: A subsurface impervious tank designated to
temporarily retain sewage or similar waterborne wastes together
with:
(a) A sewer line construction with solid pipe, with the joints
sealed, connecting the impervious tank with a plumbing stub
out; and
(b) A subsurface system of trenches, piping and other materials
constructed to drain the clarified discharge from the tank and
distribute it underground to be absorbed or filtered.
Sewage: The spent water of a community. The equivalent term is
"wastewater" (see Section 1.2.60).
Sewer: A pipe or conduit that carries wastewater.
Shall is mandatory; May is permissive.
Significant Industrial User: Any industrial user of the City's
wastewater disposal system who (1) has a discharge flow of 25,000
gallons or more per average work day, or (2) has a flow greater
than 5% of the flow in the City's wastewater treatment system, or
passages are deleted.
Underlined passages are added.
93 -0 -14 7
(3) has in his wastes toxic pollutants as defined pursuant to
Section 307 of the Act of Florida Statutes and rules or (4) is
found by the City, (State Control Agency) or the U. S.
Environmental Protection Agency (.EPA) to have significant impact,
either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the
system's effluent quality, or air emissions generated by the
system.
Slug:, Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any
period of duration longer than fifteen (15) minutes more than five
(5) times the average twenty -four (24) hour concentrations of flows
during normal operation and shall adversely affect the collection
system and /or performance of the wastewater facilities.
State: State of Florida.
Standard Industrial Classification (SIC): A classification
pursuant to the Standard Industrial Classification Manual issued by
the Executive Office of the President, Office of Management and
Budget, 1972.
Storm Drain: Sometimes terms storm sewer, it shall mean a drain or
sewer for conveying water, groundwater, subsurface water, or
unpolluted water from any source.
Stormwater: Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
Suspended Solids: Total suspended matter that either floats on the
surface of, or is in suspension in, water, wastewater, or other
liquids, and that is removable by laboratory filtering as
prescribed in "Standard Methods for the Examination of Water and
Wastewater" and referred to as nonfilterable residue.
Toxic Pollutant: Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the Administrator of the
Environmental Protection Agency (EPA) under the provision of CWS
307(1) or other Acts.
Unpolluted Water: Water of quality equal to or better than the
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 8
effluent criteria in affect or water that would not cause violation
of receiving water quality standards and would not be benefitted by
discharge to the sanitary sewers and wastewater treatment
facilities provided.
User: Any person who contributes, causes or permits the
contribution of wastewater into City POTW.
Wastewater: The spent water of a community. From the standpoint
of source, it may be a combination of the liquid and water carried
wastes from residences, commercial buildings, industrial plants,
and institutions, together with any groundwater, surface water and
stormwater that may be present.
Section 19 -32 is amended to read as follows:
Section 19 -32. Unauthorized connections prohibited.
(a) It shall be unlawful for any person to tap, cut or in any way
use any line, branch or part of the municipal sewage
collection and sewage treatment facilities without a written
permit issued by the proper municipal authorities and without
payment of all rates and charges required by the city for the
use of such facilities.
(b) A separate and independent building sewer shall be provided
for every building; except where one building stands at the
rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through
an adjoining alley, court, yard, or driveway, the front
building may be extended to the rear building and the whole
considered as one building sewer, but the city does not and
will not assume any obligation or responsibility for damage
caused by or resulting from any such single connection
aforementioned.
(c) Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by
the City to meet all requirements of this ordinance.
Section 19 -38.1 is amended to read as follows:
Section 19 -38.1 Private Wastewater Treatment and Disposal
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 9
Facilities.
Where a public sanitary sewer is not available, the building
sewer shall be connected to a private wastewater disposal system
complying with the provisions of this Section. No person shall
construct a wastewater disposal facility without prior approval
from the City. The availability of sewer is defined in Section
19 -31.
(a) The type, capacities, location and layout of a private
wastewater disposal system shall comply with all regulations
of the Department of Environmental Regulation of the State of
Florida. No permit shall be issued for any private wastewater
disposal system employing subsurface soil absorption
facilities where the area of the lot is less than 20,000
square feet.
(b) At such time as a public sewer becomes available to a property
served by a private wastewater disposal system that has
failed, a direct connection shall be made to the public sewer
within thirty (30) days after notice. The owner(s) of the
private system shall be responsible for the proper abandonment
of the facilities in accordance with all applicable laws and
regulations.
(c) The owner(s) shall operate and maintain the private wastewater
disposal facilities in a sanitary manner at all times, at no
expense to the City.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby susperseded 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
struck through passages are deleted.
Underlined passages are added.
93 -0 -14 10
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.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
August 16, 1993, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones ABSENT
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of , 1993.
passages are deleted.
Underlined paseages are added.
93 -0 -14 1.L
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Rrista A. Storey
City Attorney
Struck through passages are deleted.
Underlined passages are added.
93 -0 -14 12
ORDINANCE NO. 93 -0 -15
AN ORDINANCE AMENDING ARTICLE IV (SEWAGE
DISPOSAL) OF CHAPTER 10 (HEALTH AND
SANITATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA, BY AMENDING SECTION 10 -86
(SEPTIC TANKS), PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AND EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has determined that pursuant to the funding requirements of the
wastewater capital improvement program, it is necessary to amend
Artice IV (Sewage Disposal) of Chapter 10 (Health and Sanitation)
of the Code of Ordinances.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE IV (SEWAGE DISPOSAL) OF CHAPTER
10 (HEALTH AND SANITATION) OF THE CODE OF ORDINANCES
Section 10 -86 is amended to read as follows:
Section 10 -86. Septic Tanks.
No septic tank other than those approved by the state
dcpartmcnt of pollution control Volusia County Environmental Health
Director (Health Officer) shall be constructed within the City. No
septic tank shall be constructed or maintained within two hundred
(200) feet of the city sewer line. No septic tank shall be
permitted to discharge to any natural outlet.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby susperseded 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
Struck through passages are deleted.
Underlined passages are added.
93 -0 -15 1
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 s hall 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.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
August 16, 1993, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones ABSENT
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of , 1993.
passages are deleted.
Underlined passages are added.
93 -0 -15 2
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
Struck through passages are deleted.
Underlined passages are added.
93 -0 -15 3
AGENDA REQUEST
Date: August 31, 1993
NEW UNFINISHED
CONSENT BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION 9/7/93 ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Resolution No. 93 -R -09 regarding ICMA Retirement Corporation
Retirement Plan.
BACKGROUND:
Attached is Resolution No. 93 -R -09 which will establish a 401(A)
optional money purchase retirement plan through the ICMA Retirement
Corporation to provide an employee the opportunity of investing ,
pension funds normally contributed by the City on behalf of its
employees. The City currently provides a 457 deferred compensation
plan for investment of money by City employees. This 401(A) Plan
allows employees to select an optional plan for investment of
pension funds normally contributed by the City. It does not
increase any City obligations. All pension plans of the City are
approved by IRS.
RECOMMENDATION /CONCLUSION:
It is recommended that the City Council adopt Resolution No. 93 -R-
09 which approves the attached Adoption Agreement, Declaration of
Trust, and Administrative Services Agreement. The Mayor is
designated by Section 6 of the Resolution as signatory for all
agreements with the ICMA Retirement Corporation necessary to
administer the plan.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
t
George. McMahon
City Manager
•
a
RESOLUTION NO. 93 -R -09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ESTABLISHING A MONEY
PURCHASE RETIREMENT PLAN FOR EMPLOYEES THROUGH
THE ICMA RETIREMENT CORPORATION; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater has employees rendering
valuable services; and
WHEREAS, the establishment of a money purchase retirement plan
benefits employees by providing funds for retirement and funds for
their beneficiaries in the event of death; and
WHEREAS, the City of Edgewater desires that its money purchase
retirement plan be administered by the ICMA Retirement Corporation
and that the funds held under such plan be invested in the ICMA
Retirement Trust, a trust established by public employers for the
collective investment of funds held under their retirement and
deferred compensation plans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater:
Section 1. A money purchase retirement plan (the "Plan ")
is hereby established in the form of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Trust pursuant to the
specific provisions of the attached Adoption Agreement which is
hereby approved and incorporated by reference as Exhibit A. The
Plan shall be maintained for the exclusive benefit of eligible
employees and their beneficiaries.
Section 2. The Declaration of Trust of the ICMA Retirement
Trust, attached hereto and incorporated by reference as Exhibit B,
is hereby approved and intended to be operative with respect to any
retirement or deferred compensation plan subsequently established
by the City if the assets of the plan are to be invested in the
ICMA Retirement Trust.
Section 3. The City agrees to serve as trustee under the
Plan and to invest funds held under the Plan in the ICMA Retirement
Trust.
Section 4. The Finance Director shall be the coordinator
93 -R -09 1
for the Plan; shall receive necessary reports, notices, etc., from
the ICMA Retirement Corporation or the ICMA Retirement Trust; shall
cast, on behalf of the City any required votes under the ICMA
Retirement Trust; and may delegate any administrative duties
relating to the Plan to appropriate departments.
Section 5. The Administrative Services Agreement which is
attached hereto and incorporated by reference as Exhibit C is
hereby approved.
Section 6. The Mayor shall execute all necessary
agreements with the ICMA Retirement Corporation incidental to the
administration of the Plan.
Section 7. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 8. This resolution shall take effect upon its
adoption.
After Motion by and Second by
the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of , 1993.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
93 -R -09 2
=r --
•
ICMA Retirement Corporation
Prototype Money Purchase
Plan &Trust
Adoption Agreement
ICNIA
RI: I•IRI•:MIENT
1:( R1' /RAM OX
Exhibit A on I - 1 F
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN
& TRUST ADOPTION AGREEMENT
#001
The Employer hereby establishes a Money Purchase Plan and Trust to be known as
City of Edgewater Senior Executives 401(A)
(the "Plan ") in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. This Plan is an
amendment and restatement of an existing defined contribution money purchase plan. ❑ Yes ZX No
If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates:
t. Employer: City of Edgewater
t1. Prototype Sponsor:
Name: ICMMA Retirement Corporation
Address: 777 N. Capitol Street, N.E.
Washington, D.C. 200024240
Telephone Number: (202) 962 -4600
I11. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the
Plan. unless an alternate Effective Date is hereby specified: 01 / 9 3
Month/Day
IV. Plan Year will mean:
$X The twelve (12) consecutive month period that coincides with the limitation year. (Sec Section 6.05(i) of
the Plan.)
❑ The twelve (12) consecutive month period commencing on and each anniversary
thereof. Month/Day
V. Normal Retirement Age shall be age 5 5 (not to exceed age 65).
00 I - I I
Exhibit A
VI. ELIGIBILITY REQUIREMENTS:
The following groups of Employees are eligible to participate in the Plan:
❑ All Employees
❑ All Full -Time Employees
❑ Salaried Employees
❑ Non -Union Employees
❑ Management Employees
❑ Public Safety Employees
O General Employees
$]C Other (specify below)
• Senior executives — City Manager & City Attorney
2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for
participat ion. The required Period of Service shall be N /A . (Write N/A if an Employee
is eligible to participate upon employment.)
If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment
Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age
requirement is 21 (not to exceed age 21). (Write N/A if no minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one):
gX Fixed Employer Contributions With or Without Mandatory Participant Contributions.
The Employer shall contribute on behalf of each Participant 15 % of
Earnings or S -- for the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute — 0— % of Earnings or
S -- for the Plan Year as a condition of participation in the Plan. (Write "0"
if no contribution is required.) If Participant contributions are required under this option, a
Participant shall not have the right to discontinue or vary the rate of such contributions after
becoming a Plan Participant.
The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution.
❑ Yes 3 No
(Note to Employer: Neither an opinion letter issued by the Internal Revenue Scrvicc with respect
to the Prototype Plan, nor a determination letter issued to an adopting Employer is a ruling by the
Internal Revenue Scrvicc that Participant contributions that are picked up by the Employer arc not
includable in the Participant's gross income for federal income tax purposes. The Employer may
seek such a ruling.
Picked up contributions arc excludable from the Participant's gross income under Section
414(h)(2) of the Internal Revenue Code of 19S( if they meet the requirements of Rev. Rill. X 1-
_;5. 198I -1 C.B. 255. Those requirements are (1) that the Employer must specify that the
(1(11 -')11
Exhihit A
contributions, although designated as Employcc contributions, arc being paid by thc Employer
in lieu of contributions by the Employcc; and (2) the Employcc must not have the option o;
receiving thc contributed amounts directly instead of having them paid by the Employer to the
Plan. J
❑ Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant % o f
Earnings for the Plan Year (subject to the limitations of Articles V and VI of the Plan) for each
Plan Year that such Participant has contributed % of Earnings or
S . Under this option, there is a single, fixed rate of Employer contribu-
tions, but a Participant may decline to make the required Participant contributions in any Plar.
Year, in which case no Employer contribution will be made on the Participant's behalf in th :
Plan Year.
O Variable Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount determined as follow
(subject to the limitations of Articles V and VI of the Plan):
❑ % of the contributions made by the Participant for the Plan Year
(not including Participant contributions exceeding % of Earn-
ings or S );
❑ PLUS % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includim:
Participant contributions exceeding in the aggregate % e:
Earnings or S ).
❑ Employer contributions on behalf of a Participant for a Plan Year shall not excce::
S or % of Earnings, whichever is
0 more or ❑ less.
Each Participant may make a voluntary (unmatched), after -tax contribution, subject to the limitations o:
Section 4.04 and Articles V and VI of the Plan.
Ma Yes ❑ No
Employer contributions and Participant contributions shall be contributed to the Trust in accordance with
the following payment schedule:
Weekly
VIII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
1. Overtime ❑ Yes U No
' Bonuses ❑ Yes U No
Z 00t -
Exhibit A
IN. LIMITATION ()N ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Participant in this Plan is (or
was) a participant or could possibly become a participant, and/or (ii) maintains a welfare benefit fund (as defined
in Section 419(c) of the Code) or an individual medical account (as defined in Section 415(I)(2) of the Code, under
which amounts are treated as Annual Additions with respect to any Participant in this Plan), the Employer hereby
agrees to limit contributions to all such plans as provided herein, if necessary, in order to avoid excess contributions
(as described in Sections 6.03 and 6.04 of the Plan).
1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer,
other than a Regional Prototype Plan, the provisions of Section 6.02(a) through (1) of the Plan will apply
as if the other plan were a Master or Prototype Plan, unless another method has been indicated below.
❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to
the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner
that precludes Employer discretion.)
2. If the Participant is or has ever been a participant in a defined benefit plan maintained by the Employer,
and if the limitation in Section 6.04 of the Plan would be exceeded, then the Participant's Projected Annual
Benefit under the defined benefit plan shall be reduced in accordance with the tcrms thereof to the extent ,
necessary to satisfy such limitation. If such plan does not provide for such reduction, or if the limitation
is still exceeded after the reduction, annual additions shall be reduced to the extent necessary in the manner
described in Sections 6.01 through 6.03. The methods of avoiding the limitation described in this paragraph
will not apply if the Employer indicates another method below.
❑ Other Method. (Note to Employer: Provide below language which will satisfy the 1.0 limitation
of section 415(e) of the Code. Such language must preclude Employer discretion. Sec section
1.415 - I of the Regulations for guidance.)
3. The limitation year is the following twelve (12) consecutive month period:
Month /Day
4 I )I 11 •911'
Exhibit A
X. VESTING PROVISIONS
The Employer hereby specifics the following vesting schedule, subject to (1) the minimum vesting requirements as
noted and (2) the concurrence of the Plan Administrator.
Years of Specified Minimum
Service Percent Vesting
Completed Vesting Requirements **
Zero 1 0 0 % No minimum
Onc % No minimum
Two % No minimum
Three % Not less than 20%
Four % Not less than 40%
Five % Not Tess than 60%
Six % Not less than 80%
Seven or more 100 % Must equal 100%
(* *These minimum vesting requirements conform to the Code's three- to seven -year vesting schedule. If the employee
becomes 100% vested by the completion of five years of service, there is no minimum for years three and four.)
XI. INVESTMENT OPTION
❑ A Participant may direct his/her investment only to or into an investment option that provides a guarantee
of principal.
❑ A Participant may direct his/her investment of not more than % in an investment
option which does not provide any guarantee of principal.
ZX A Participant may direct his/her investment, without restriction, among various investment options
available under the Trust.
Specify any other investment restrictions:
XII. BENEFITS UPON SEPARATION
1. Upon separation from service for reason other than death, disability, or attainment of Normal Retirement
Age, the Participant may elect to commence receiving benefits from the following accounts, without regard
to age:
a) Employer Contribution Account (Nonforfeitable Interest) Yes ❑ No
b) Participant Contribution Account Of applicable) MIA Ycs ❑ No
c) Participant Portable Benefits Account X3 Ycs ❑ No
5 001 -91F
Exhibit A
_'. II "no" to any of the above, the earliest age at ■■ hich the Employer will allow a distribution from the
Employer Contribution Account, the Participant Portable Benefits Account, and /or the Participant
Contribution Account, if applicable, shall be age (not later than Normal Retire-
ment Age).
3. Notwithstanding Subsection (2) above, a distribution shall be made pursuant to Section 10.04 of the Plan,
De Minimis Accounts. Further, the Participant shall be entitled to request that his/her entire Nonforfcitable
Interest in his/her Account be transferred to another plan, pursuant to Section 10.03 of the Plan.
XI1I. Loans are permitted under the Plan, as provided in Article XIV. KA Yes ❑ No
• XIV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality
of one or more units of state or local government.
XV. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the Plan made pursuant
to Section 15.05 of the Plan or of the discontinuance or abandonment of the Plan.
XVI. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant to the terms and
conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN &
TRUST.
The Employer hereby - agrees to the provisions of the Plan & Trust.
XVII. The Employer hereby acknowledges it understands that failure to properly 1111 out this Adoption Agreement
may result in disqualification of the Plan.
XVIII. An adopting Employer may not rely on a notification letter issued by the National or District Office of the
Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue
Code. In order to obtain reliance with respect to plan qualification, the Employer must apply to the
appropriate key district office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document number (X.)l.
In Witness Whereof. the Employer hereby causes this Agreement to be executed on this day of
,19
F.\1 PLOVER Accepted: ICMA RETIREMENT ('t )RPORATION
Rv: By:
Title: Title:
Attest: Attest: _
u'ht.\ lit 11111 MI NI .;00I'OI1AF r;0111'OnA III:nt))t1n11ICfoS, 1,'; Non 1IIcAl'IIc 51111 1 I. 01 WASSIIIN(1 IorN IX: :'0r
1 1)111
Exhibit 11
r:
jr
DECLARATION OF TRUST .
•
•
OF ICMA RETIREMENT TRUST
ARTICLE 1. NAME DEFINITIONS (o) Retirement Trust. The Trust created by the
Section 1.1 Name: The Name of the Trust, as amended and Declaration of Trust.
restated hereby, is the ICMA Retirement Trust. (p) Trust Property. The amounts held in the
Section 1.2 Definitions: Wherever they are used herein, Retirement Trust on behalf of the Public
the following terms shall have the following respective Employers in connection with Deferred
meanings: Compensation Plans and on behalf of the Public
(a) Bylaws. The bylaws referred to in Section 4.1 Employer Trustees for the exclusive benefit of
hereof, as amended from time to time. EmployeespursuanttoQualifiedPlans. The Trust
Property shall include any income resulting from
(b) Deferred Compensation Plan. A deferred the investment to the amounts so held.
compensation plan established and maintained by (q) Trustees. The Public Employee Trustees and
a Public Employer for the purpose of providing ICMA/RC Trustees elected by the Public Employers
retirement income and other deterred benefits to to serve as members of the Board of Trustees of •
its employees in accordance with the provision of the Retirement Trust.
section 457 of the Internal Revenue Code of 1954, •
as amended. ARTICLE II. CREATION AND PURPOSE OF THE TRUST;
(c) Employees. Those employees who participate in OWNERSHIP OF TRUST PROPERTY
Qualified Plans. Section 2.1 Creation: The Retirement Trust is created and i.
(d) Employer Trust. A trust created pursuant to established by the execution of this Declaration of
an agreement between RC and a Public Employer Trust by the Trustees and the Public Employers.
for the purpose of investing and administering the Section 2.2 Purpose: The purpose of the Retirement Trust
funds set aside by such Employer in connection is to provide for the commingled investment of funds
with its Deferred Compensation agreements with held by the Public Employers in connection,with their
its employees or in connection with its Qualified Deferred Compensation and Qualified Plans. The
Plan. Trust Property shall be invested in the Portfolios, in
(e) Guaranteed Investment Contract. A contract Guaranteed Investment Contracts, and in other in-
entered into by the Retirement Trust with insurance vestments recommended by the Investment Adviser
companies that provides for a guaranteed rate of under the supervision of the Board of Trustees. No
return on investments made pursuant to such part of the Trust Property will be invested in securities
contract. issued by Public Employers.
(f) ICMA. The International City Management Section 2.3 Ownership of Trust Property: The Trustees
Association. shall have legal title to the Trust Property. The Public
(g) ICMA/RC Trustees. Those Trustees elected by Employers small be the beneficial owners of the por- •
the Public Employers who, in accordance with the tion of the Trust Property allocable to the Deferred '
provisions of Section 3.1(a) hereof, are also Compensation Plans. The portion of the Trust Prop -
members, or former members, of the Board of erty allocable to the Qualified Plans shall be held for .
Directors of ICMA or RC. the Public Employer Trustees for the exclusive benefit
(h) Investment Adviser. The Investment Adviser that of the Employees.
enters into a contract with the Retirement Trust to ARTICLE III. TRUSTEES
provide advice with respect to investment of the Section 3.1 Number and Qualification of Trustees:
Trust Property. (a)The Board of Trustees shall consist of nine Trust -
(i) Portfolios. The Portfolios of investment established ees. Five of the Trustees shall be full -time employees '
by the Investment Adviser to the Retirement Trust, of a Public Employer (the Public Employee Trustees)
under the supervision of the Trustees, for the who are authorized by such Public Employerto serve
purpose of providing investments for the Trust as Trustee. The remaining tour Trustees shall consist '
Property. of two persons who, at the time of election to the Board
(j) Public Employee Trustees. Those Trustees of Trustees, are members of the Board of Directors of
elected by the Public Employers who, in accordance ICMA and two persons who at the time of election, are
with the provision of Section 3.1(a) hereof, are full- members of the Board of Directors of RC (the ICMA/
time employees of Public Employers. RC Trustees. One of the Trustees who is a director of •
(k) Public Employer Trustees. Public Employers who ICMA, and one of the Trustees who is a director of RC,
•
serve as trustees of the Qualified Plans. shall, at the time of election, be full -time employees of
a Public Employer.
(I) Public Employer. A unit of state or local (b) No person may serve as a Trustee for more than
government, or any agency or instrumentality one term in any ten -year period.
thereof, that has adopted a Deferred Compensation
Plan or a Qualified Plan and has executed this Section 3.2 Election and Term: (a) Except for the Trust -
Declaration of Trust. ees appointed to fill vacancies pursuant to Section 3.5
hereof, the Trustees shall be elected by a vote of a
(m) Qualified Plan. A plan sponsored by a Public majority of the Public Employers in accordance with
Employer for the purpose of providing retirement the procedures set forth in the By -Laws. (b) At the first
income to its employees which satisfies the election of Trustees, three Trustees shall be elected
qualification requirements of Section 401 of the for a term of three years, three Trustees shall be
Internal Revenue Code, as amended. elected for a term of two years and three Trustees
(n) RC. The International City Management shall be elected for a term of one year. At each
Association Retirement Corporation. subsequent election, three Trustees shall be elected
Exhibit B
Page 1
'for a term of three years and until his or her successor (d) invest and reinvest the Trust Property in the
is elected and qualified. Portfolios, the Guaranteed Interest Contracts and ,
Section 3.3 Nominations: The Trustees who are full -time in any other investment recommended by the
employees of Public Employers shall serve as the Investment Adviser, but not including securities •
Nominating Committee for the Public Employee issued by Public Employers, provided that if a
Trustees. The Nominating Committee shall choose Public Employer has directed that its monies be
candidates for Public Employee Trustees in accor- invested in specified Portfolios or in a Guaranteed .
. dance with the procedures set forth in the By -Laws. Investment Contract, the Trustees of the
Section 3.4 Resignation and Removal: Any Trustee Retirement Trust shall invest such monies in
a
9 (a) Y accordance with such directions;
may resign as Trustee (without need for prior or
subsequent accounting) by an instrument in writing (e) keep such portion of the Trust Property in cash or
signed by the Trustee and delivered to the other cash balances as the Trustees, from time to time,
Trustees and such resignation shall be effective upon may deem to be in the best interest of the
•
such delivery, or at a later date according to the terms Retirement Trust created hereby without liability
•
of the instrument. Any of the Trustees may be re- for interest thereon;
' moved for cause, by a vote of a majority of the Public (t) accept and retain for such time as they may deem
Employers. (b) Each Public Employee Trustee shall advisable any securities or other property received
•
• resign his or her position as Trustee within sixty days or acquired by them as Trustees hereunder, •
of the date on which he or she ceases to be a full -time whether or not such securities or other property
employee of a Public Employer. would normally be purchased as investment
Section 3.5 Vacancies: The term of office of a Trustee hereunder;
shall terminate and a vacancy shall occur in the event (g) cause any securities or other property held as part
of the death, resignation, removal, adjudicated incom- of the Trust Property to be registered in the name •
petence or other incapacity to perform the duties of the of the Retirement Trust or in the name of a nominee,
office of a Trustee. In the case of a vacancy, the and to hold any investments in bearer from, but the
remaining Trustees shall appoint such person as they books and records of the Trustees shall at all times
in their discretion shall see fit (subject to the limitations show that all such investments are a part of the
set forth in this Section), to serve for the unexpired Trust Property;
portion of the term of the Trustee who has resigned or (h) make, execute, acknowledge, and deliver any and
otherwise ceased to be a Trustee. The appointment all documents of transfer and conveyance and any
shall be made by a written instrument signed by a and all other instruments that maybe necessary or
majority of the Trustees. The person appointed must appropriate to carry out the powers herein granted;
be the same type of Trustee (i.e., Public Employee
Trustee or ICMA/RC Trustee) as the person who has (I) vote upon any stock, bonds, or other securities;
ceased to be a Trustee. An appointment of a Trustee give general or special proxies orpowers of attorney
may be made in anticipation of a vacancy to occur at with or without power of substitution;exercise any ,
a later date by reason of retirement or resignation, conversion privileges, subscription rights, or other
provided that such appointment shall not become options, and make any payments incidental thereto;
effective prior to such retirement or resignation. oppose, or consent to, or otherwise participate in, •
Whenever a vacancy in the number of Trustees shall corporate reorganizations or to other changes
occur, until such vacancy is filled as provided in this affecting corporate securities, and delegate
Section 3.5, the Trustees in office, regardless of their discretionary powers and pay any assessments or
number, shall have all the powers granted to the charges in connection therewith; and generally
Trustees and shall discharge all the duties imposed exercise any of the powers of an owner with
upon the Trustees by this Declaration. A written respect to stocks, bonds, securities or other
instrument certifying the existence of such vacancy property held as part of the Trust Property;
signed by a majority of the Trustees shall be conclu- (j) enter into contracts or arrangements for goods or
sive evidence of the existence of such vacancy. services required in connection with the operation
Section 3.6 Trustees Serve in Representative Capacity: of the Retirement Trust, including, but not limited
By executing this Declaration, each Public Employer to, contracts with custodians and contracts for the
agrees that the Public Employee Trustees elected by provision of administrative services;
the Public Employers are authorized to act as agents (k) borrow or raise money for the purposes of the
and representatives of the Public Employers collec- Retirement Trust in such amount, and upon such
tively. terms and conditions, as the Trustees shall deem
ARTICLE IV. POWERS OF TRUSTEES advisable, provided that the aggregate amount of
such borrowings shall not exceed 30% of the
Section 4.1 General Powers: The Trustees shall have the value of the Trust Property. No person lending
power to conduct the business of the Trust and to carry money to the Trustees shall be bound to see the
on its operations. Such power shall include, but shall application of the money lent or to inquire into its •
not be limited to, the power to: validity, expediency or propriety or any such
(a) receive the Trust Property from the Public borrowing;
Employers, Public Employer Trustees or other (I) incur reasonable expenses as required for the
Trustee of any Employer Trust; operation of the Retirement Trust and deduct such
(b) enter into a contract with an Investment Adviser expenses from of the Trust Property;
providing, among other things, for the (m) pay expenses properly allocable to the Trust
establishment and operation of the Portfolios, Property incurred in connection with the Deferred
selection of the Guaranteed Investment Contracts Compensation Plans, Qualified Plans, or the
in which the Trust Properly may be invested, Employer Trusts and deduct such expenses from
selection of the other investments for the Trust the portion of the Trust Property to whom such
Property and the payment of reasonable fees to expenses are properly allocable;
the Investment Adviser and to any sub - investment (n) pay out of the Trust Property all real and personal
adviser retained by the Investment Adviser; property taxes, income taxes and other taxes of
(c) review annually the performance of the Investment any and all kinds which, in the opinion of the
Adviser and approve annually the contract with Trustees, are properly levied, or assessed under
such Investment Adviser; existing or future laws upon, or in respect of, the
Exhibit B
Page 2
*
t
•
Trust Property and allocate any such taxes to the a like capacity and familiar with such matters would
appropriate accounts; use in the conduct of an enterprise of a like character
(o) adopt, amend and repeal the bylaws, provided and with like aims. .
that such bylaws are at all times consistent with Section 5.2 Liability: The Trustees shall not be liable for
the terms of this Declaration of Trust; any mistake of judgment or other action taken in good
•
(p) employ persons to make available interests in the faith, and for any action taken or omitted in reliance in
Retirement Trust to employers eligible to maintain good faith upon the books of account or other records
a Deferred Compensation Plan under Section 457 of the Retirement Trust, upon the opinion of counsel,
or a Qualified Plan under Section 401 of the or upon reports made to the Retirement Trust by any
Internal Revenue Code, as amended; of its officers, employees or agents or by the Invest -
(q) issue the Annual Report of the Retirement Trust,' ment Adviser or any sub - investment adviser, accoun-
and the disclosure documents and other literature tants, appraisers or other experts or ant
lected with reasonable care by the Trusteessteel, , officers
used by the Retirement Trust; or employees of the Retirement Trust. The Trustees
(r) make loans, including the purchase of debt shall also not be liable for any loss sustained by the
obligations, provided that all such loans shall bear Trust Property by reason of any investment made in
interest at the current market rate; good faith and in accordance with the standard of care •
(s) contract for, and delegate any powers granted set forth in Section 5.1.
hereunder to, such officers, agents, employees, Section 5.3 Bond: No Trustee shall be obligated to give
auditors and attorneys as the Trustees may select, any bond or other security for the performance of any
provided that the Trustees may not delegate the of his or her duties hereunder.
powers set forth in paragraphs (b), (c) and (o) of
this Section 4.1 and may not delegate any powers ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS
if such delegation would violate their fiduciary The Trustees shall annually submit to the Public Employers •
duties; and Public Employer Trustees a written report of the transac-
t) provide for the indemnification of the Officers and tions of the Retirement Trust, including financial statements
Trustees of the Retirement Trust and purchase which shall be certified by independent public accountants
fiduciary insurance; chosen by the Trustees.
(u) maintain books and records, including separate ARTICLE VII. DURATION OR AMENDMENT OF
accounts for each Public Employer, Public
Employer Trustee or Employer Trust and such RETIREMENT TRUST
additional separate accounts as are required under, Section 7.1 Withdrawal: A Public Employer or Public
and consistent with, the Deferred Compensation Employer Trustee may, at any time, withdraw from this •
or Qualified plan of each Public Employer; and Retirement Trust by delivering to the Board of Trust -
(v) do all such acts, take all such proceedings, and ees a written statement of withdrawal. In such state -
exercise all such rights and privileges, although ment, the Public Employer or Public Employer Trustee
not specifically mention herein, as the Trustees shall acknowledge that the Trust Properly allocable to
may deem necessary or appropriate to administer the Public Employer is derived from compensation
the Trust Propery and to carry out the purposes of deferred by employees of such Public Employer pur- I
the Retirement Trust. suant to its Deferred Compensation Plan or from
Section 4.2 Distribution of Trust Property: Distributions contributions to the accounts of Employees pursuant
of the Trust property shall be made to, or on behalf of, to a Qualified Plan, and shall designate the financial •
the Public Employer or Public Employer Trustee, in institution to which such property shall be transferred
accordance with the terms of the Deferred Compen- by the Trustees of the Retirement Trust or by the
sation Plans, Qualified Plans or Employer Trusts. The Trustee of the Employer Trust.
Trustees of the Retirement Trust shall be fully protected Section 7.2 Duration: The Retirement Trust shall continue
in making payments in accordance with the directions until terminated by the vote of a majority of the Public
of the Public Employers, Public Employer Trustees or Employers, each casting one vote. Upon termination,
other Trustee of the Employer Trusts without ascer- all of the Trust Property shall be paid out to the Public
taining whether such payments are in compliance with Employers, Public Employer Trustees or the Trustees
the provision of the Deferred Compensation or Quail- of the Employer Trusts, as appropriate.
tied Plans, or the agreements creating the Employer Section 7.3 Amendment: The Retirement Trust may be
Trusts. amended by the vote of a majority of the public
Section 4.3 Execution of Instruments: The Trustees may Employers, each casting one vote. •
unanimously designate any one or more of the Trust- Section 7.4 Procedure:A resolution to terminate or amend •
ees to execute any instrument or document on behalf the Retirement Trust or to remove a Trustee shall be .
of all, including but not limited to the signing or en- submitted to a vote of the Public Employers if: (1) a
dorsement of any check and the signing of any ap li
cations, insurance and other contracts, and the action majority of the Trustees so direct, or; 25 a p etition •
of such designated Trustee or Trustees shall have the requesting a vote signed by not less that 25 percent of
same force and effect as if taken by all the Trustees. the Public Employers, is submitted to the Trustees.
ARTICLE V. DUTY OF CARE AND LIABILITY OF ARTICLE VIII. MISCELLANEOUS
TRUSTEES Section 8.1 Governing Law: Except as otherwise re- •
Section 5.1 Duty of Care: In exercising the powers quired by state or local law. this Declaration of Trust
hereinbefore granted to the Trustees, the Trustees and the Retirement Trust hereby created shall be
shall perform all acts within their authority for the construed and regulated by the laws of the District of
exclusive purpose of providing benefits for the Public Columbia.
Employers in connection with Deferred Compensa Section 8.2 Counterparts: This Declaration may be ex-
lion Plans and Public Employer Trustees pursuant to ecuted by the Public Employers and Trustees in two or
Qualified Plans, and shall perform such acts with the more counterparts, each of which shall be deemed an
care, skill. prudence and diligence in the circum- original but all of which together shall constitute one
stances then prevailing that a prudent person acting in and the same instrument.
ICMA RETIREMENT CORPORATION, CORPORATE HEADOUARTERS, 777 NORTH CAPITOL STREET, NE, WASHINGTON, DC 20002 -4210
Exhibit B
Page 3
ADMINISTRATIVE SERVICES AGREEMENT
Type: 401
Account Number: 9239 -4
Exhibit C
Plan # 9239 -4
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement, made as of the day of
199 , (herein referred to as the "Inception Date "), between The International City
Management Association Retirement Corporation ( "RC "), a nonprofit corporation
organized and existing under the laws of the State of Delaware; and the City of
Edgewater ( "Employer ") a City organized and existing under the laws of the State of
Florida with an office at 104 Riverside Drive, Edgewater, Florida 32132.
Recitals
Employer acts as a public plan sponsor for a retirement plan ( "Plan ") with
responsibility to obtain investment alternatives and services for employees
participating in that Plan;
The ICMA Retirement Trust (the "Trust ") is a common law trust governed
by an elected Board of Trustees for the commingled investment of retirement funds
held by state and local governmental units for their employees;
RC acts as investment adviser to the Trust; RC has designed, and the
Trust offers, a series of separate funds (the "Funds") for the investment of plan assets
as referenced in the Trust's principal disclosure document, "Making Sound Investment
Decisions: A Retirement Investment Guide. The Funds are available only to public
employers and only through the Trust and RC.
In addition to serving as investment adviser to the Trust, RC provides a
complete offering of services to public employers for the operation of employee •
retirement plans including, but not limited to, communications concerning investment
alternatives, account maintenance, account record - keeping, investment and tax
reporting, form processing, benefit disbursement and asset management. •
- 2 -
Exhibit C
Plan 11 9239 -4
Agreements
1 . A000intment of RC
Employer hereby designates RC as Administrator of the Plan to perform •
all non - discretionary functions necessary for the administration of the Plan with
respect to assets in the Plan deposited with the Trust. The functions to be performed
by RC include:
(a) allocation in accordance with participant direction of individual
accounts to investment Funds offered by the Trust;
(b) maintenance of individual accounts for
participants
amounts deferred, income, gain, or Toss credited, and amount d sbur ed as benefits;
(c) provision of periodic reports to the Employer and participants of the
status of Plan investments and individual accounts;
(d) communication to participants of information regarding their rights
and elections under the Plan; and
•
•
(e) disbursement of benefits as agent for the Employer in accordance •
with terms of the Plan.
2. Adoption of Trust
•
Employer has adopted the Declaration of Trust of the ICMA Retirement
Trust and agrees to the commingled investment of assets of the Plan within the Trust.
Employer agrees that ' operation of the Plan and investment, management and
disbursement of amounts deposited in the Trust shall be subject to the Declaration of
Trust, as it may be amended from time to time and shall also be subject to terms and
conditions set forth in disclosure documents (such as the Retirement Investment
Guide or Employer Bulletins) as those terms and conditions may be adjusted from time
to time. It is understood that the term "Employer Trust" as it is used in the
Declaration of Trust shall mean this Administrative Services Agreement.
3. Employer Duty to Furnish Information
Employer agrees to furnish to RC on a timely basis such information as
is necessary for RC to carry out its responsibilities as Administrator of the Plan,
including information needed to allocate individual participant accounts to Funds in the
Trust, and information as to the employment status of participants, and participant
ages, addresses and other identifying information (including tax identification
numbers). RC shall be entitled to rely upon the accuracy of any information that is
-3-
Exhibit C
Plan # 9239 -4
furnished to it by a responsible official of the Employer or any information relating to
an individual participant or beneficiary that is furnished by such participant or
beneficiary, and RC shall not be responsible for any error arising from its reliance on
such information. If within ninety (90) days after the mailing of any report, statement
or accounting to the Employer or a participant, the Employer or participant has not
notified RC in writing of any error or objection, such report, statement, or accounting
shall be deemed to have been accepted by the Employer and the participants.
4. Certain Representations, Warranties. and Covenants
RC represents and warrants to Employer that:
(a) RC is a non - profit corporation with full power and authority to enter
into this Agreement and to perform its obligations under this Agreement. The ability
of RC to serve as investment adviser to the Trust is dependent upon the continued
willingness of the Trust for RC to serve in that capacity.
(b) RC is an investment adviser registered as such with the Securities
and Exchange Commission under the Investment Advisers Act of 1940, as amended.
ICMA -RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker -
dealer with the Securities and Exchange Commission (SEC) and is a member in good
standing of the National Association of Securities Dealers, Inc. •
RC covenants with employer that:
(c) RC shall maintain and administer the Plan in compliance with the
requirements for plans which satisfy the qualification requirements in Section 401 of
the Internal Revenue Code; provided, however, RC shall not be responsible for the
qualified status of the Plan in the event that the Employer directs RC to administer the
Plan or disburse assets in a manner inconsistent with the requirements of Section 401
or otherwise causes the Plan not to be carried out in accordance with its terms;
provided, further, that if the plan document used by the Employer contains terms that
differ from the terms of RC's standardized plan document, RC shall not be responsible
for the qualified status of the Plan to the extent affected by the differing terms in the
Employer's plan document.
Employer represents and warrants to RC that:
(d) Employer is organized in the form and manner recited in the opening
paragraph of this Agreement with full power and authority to enter into and perform
its obligations under this Agreement and to act for the Plan and participants in the
manner contemplated in this Agreement. Execution, delivery, and performance of this
Agreement will not conflict with any law, rule, regulation or contract by which the
Employer is bound or to which it is a party.
-4-
Exhibit C
Plan # 9239 -4 w
( I1 :'.
5• Participation in Certain Proceedings
The Employer hereby authorizes RC to act as agent, to appear on its
behalf, and to join the Employer as a necessary party in all legal proceedings involving
the garnishment of benefits or the transfer of benefits pursuant to the divorce or
separation of participants in the Employer Plan. The Employer consents to the
disbursement by RC of benefits that have been garnished or transferred to a former
spouse, spouse or child pursuant to a domestic relations order.
6. Compensatio and Pa
(a) Plan Administration Fee. The amount to be pai for plan
administration services under this Agreement shall be 0.9% per annum of the amount
of Plan assets invested in the Trust. Such fee shall be computed and paid monthly
on plan assets in the Trust at the end of each month.
(b) Account Maintenance Fee. There shall be an annual account
maintenance fee of $25.00. The account maintenance fee is payable in full on
January 1 of each year on each account in existence on that date. For accounts
established after January 1, the fee is payable on the first day of the calendar quarter
following establishment and is prorated by reference to the number of calendar
quarters remaining on the day of payment.
(c) Compensation for Advisory Services to the Trust. Employer
acknowledges that in addition to amounts payable under this Agreement, RC receives
fees from the Trust for investment advisory services furnished to the Trust.
(d) Payment Procedures. All payments to RC pursuant to this Section
6 shall be paid out of the Plan Assets held by the Trust and shall be paid by the Trust.
The amount of Plan Assets held in the Trust shall be adjusted by the Trust as required
to reflect such payments.
7 . Custody
Employer understands that amounts invested in the Trust are to be
remitted directly to the Trust in accordance with instructions provided to Employer by
RC and are not to be remitted to RC. In the event that any check or wire transfer is
incorrectly labelled or transferred to RC, RC is authorized, acting on behalf of the
transferor, to transfer such check or wire transfer to the Trust.
8 . Responsibility
RC shall not be responsible for any acts or omissions of any person other
than RC in connection with the administration or operation of the Plan.
-5-
Exhibit C
Plan # 9239 -4 tzF mi..\I; ;
( iRP(RAh1)
9. Term
This Agreement may be terminated without penalty by either party on
sixty days advance notice in writing to the other.
10. Amendments and Adjustments
(a) This Agreement may not be amended except by written instrument
signed by the parties.
(b) The parties agree that compensation for services under this
• Agreement and administrative and operational arrangements may be adjusted as
follows:
RC may propose an adjustment by written notice to the Employer given
at least 60 days before the effective date of the adjustment and the notice may
appear in disclosure documents such as Employer Bulletins and the Retirement
Investment Guide. Such adjustment shall become effective unless, within the 60 day
period before the effective date the Employer notifies RC in writing that it does not
accept such adjustment, in which event RC shall be under no obligation to provide
services under this Agreement.
(c) No failure to exercise and no delay in exercising any right, remedy,
power or privilege hereunder shall operate as a waiver of such right, remedy, power
or privilege.
11. Notices
All notices required to be delivered under this Agreement shall be
delivered personally or by registered or certified mail, postage prepaid, return receipt
requested, to (i) RC at 777 North Capitol Street, N.E., Suite 600, Washington, D.C,
20002 -4240; (ii) Employer at the office set forth in the first paragraph hereof, or to
any other address designated by the party to receive the same by written notice
similarly given.
12. Complete Agreement
This Agreement shall constitute the sole agreement between RC and
Employer relating to the object of this Agreement and correctly sets forth the
complete rights, duties and obligations of each party to the other as of its date. Any
prior agreements, promises, negotiations or representations, verbal or otherwise, not
expressly set forth in this Agreement are of no force and effect.
-6-
Exhibit C
Plan # 9239 -4 I;;,.
• (!iwnIc.' ! 1,)
13. Governing Law
This agreement shall be governed by and construed in accordance with
the laws of the State of Florida applicable to contracts made in that jurisdiction
without reference to its conflicts of laws provisions.
In Witness Whereof, the parties hereto have executed this Agreement as
of the Inception Date first above written.
CITY OF EDGEWATER
by:
Signature /Date
Name and Title (Please Print)
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT
CORPORATION
by:
Stephen Wm. Nordholt /Date
Corporate Secretary
-7-
Exhibit C
5
AGENDA REQUEST
C.A. NO.: 93 -102
Date: August 30, 1993
NEW UNFINISHED
CONSENT BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION 9/7/93 ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Resolution No. 93 -R -21 Authorizing the Amendment of the Water
Supply Cooperative Interlocal Agreement Pursuant to an Attorney
General's Opinion
BACKGROUND:
Attached is draft Resolution No. 93 -R -21 which would authorize the
amendment of the Water Supply Cooperative Interlocal Agreement
pursuant to an Attorney General's opinion to eliminate the
possibility of private enterprises as affiliate members and to
establish a method by which the Cooperative would respond to
liabilities which might be incurred. Attached are copies of
Resolutions 93 -3 and 93 -4 adopted by the Water Supply Cooperative
supporting the amendment to the Interlocal Agreement.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council determine whether to adopt
Resolution No. 93 -R -21.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Kris A. Stobey �� George /E. McMahon
City Attorney City Manager
KAS
Attachments
•
RESOLUTION NO. 93 -R -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER AUTHORIZING THE AMENDMENT OF THE
INTERLOCAL AGREEMENT CREATING THE VOLUSIA
CITY - COUNTY WATER SUPPLY COOPERATIVE TO
ELIMINATE PRIVATE ENTERPRISES AS POSSIBLE
AFFILIATE MEMBERS OF THE COOPERATIVE; BY
ESTABLISHING THE METHOD BY WHICH THE
COOPERATIVE WOULD RESPOND TO LIABILITIES THAT
MIGHT BE INCURRED THROUGH PERFORMANCE OF THE
INTERLOCAL AGREEMENT AND INSURING AGAINST SUCH
LIABILITIES; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Edgewater is a member of the Volusia
City- County Water Supply Cooperative (the "Cooperative "), having
ratified and executed the Interlocal Agreement of February 28,
1992, creating the Cooperative (the "Interlocal Agreement "); and,
WHEREAS, the Interlocal Agreement may in accordance with
Section 9 thereof, only be amended by the approval of the governing
body of every member of the Cooperative; and,
WHEREAS, Section 11 of the Interlocal Agreement authorizes the
status of Affiliate Membership for municipalities or private
enterprises that are suppliers of raw water; and,
WHEREAS, in accordance with an opinion of the Attorney General
of Florida, private enterprises may not participate in the
Interlocal Agreement; and
WHEREAS, the Cooperative has adopted its Resolution 93 -3
recommending the amendment of the Interlocal Agreement by
eliminating language in Section 11 of the Interlocal Agreement
which authorized private enterprises to become a member of the
Cooperative and by adding language allowing governmental bodies to
become members of the Cooperative upon the approval of the Board of
Directors of the Cooperative; and,
WHEREAS, the Attorney General of Florida has also suggested
that the Interlocal Agreement be amended to provide language that
would establish the method by which the Cooperative would respond
to liabilities that might be incurred through performance of the
interlocal agreement, and insuring against such liability; and,
93 -R -21 1
WHEREAS, the Cooperative has adopted its Resolution 93 -4
recommending the amendment of the Interlocal Agreement to address
the manner of responding to such liabilities and insuring against
the same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council of the City of Edgewater, hereby
approves the amendment to Sections 11 and the addition of Section
12 of the Interlocal Agreement to eliminate language that would
have authorized private enterprises to become a member of the
Cooperative and to add language allowing governmental bodies to
become members of the Cooperative upon the approval of the Board of
Directors of the Cooperative in accordance with Resolution 93 -3 of
the Cooperative; and to establish the method by which the
Cooperative would respond to liabilities that might be incurred
through performance of the interlocal agreement, and insuring
against such liability in accordance with Resolution 93 -4 of the
Cooperative; and authorizes its representative to the Cooperative
to execute an amendment to the Interlocal Agreement to that effect.
Section 2. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After Motion by and Second by
the vote on this resolutions was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of , 1993.
93 -R -21 2
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Rrista A. Storey
City Attorney
93 -R -21 3
RESOLUTION 93 -3
A RESOLUTION OF THE VOLUSIA CITY -
COUNTY WATER SUPPLY COOPERATIVE
AUTHORIZING AND RECOMMENDING TO ITS
CONSTITUENT MEMBERS THE AMENDMENT OF
THE INTERLOCAL AGREEMENT CREATING THE
COOPERATIVE, BY AMENDING SECTION 11 OF
THE AGREEMENT TO ELIMINATE ANY PRIVATE
ENTERPRISE AS A POSSIBLE AFFILIATE
MEMBER; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement of February 28, 1992,
creating the Volusia City- County Water Supply Cooperative (the
"Interlocal Agreement "), may in accordance with Section 9 thereof,
only be amended by the approval of the governing body of every
member of the Cooperative; and,
WHEREAS, the Cooperative has determined that it is in its
best interest to amend Section 11 of the Interlocal Agreement to
eliminate private enterprises as being eligible as an Affiliate
Member;
NOW, THEREFORE, be it RESOLVED by the VOLUSIA CITY - COUNTY
WATER SUPPLY COOPERATIVE as follows:
Section 1. The Cooperative deems it appropriate to amend
Section 11 the Interlocal Agreement by striking the words "or
private enterprise" from the section so that the amended Section
11 will read as follows:
11. The COOPERATIVE may accept as an Affiliate Member
any municipality within the County of Volusia, Florida,
that is a supplier of raw water. Affiliate Members
shall have the following characteristics, powers, duties
and obligations:
a. A governmental entity that is eligible to
become an Affiliate Member may only become an Affiliate
Member upon the approval of the Board of Directors of
the COOPERATIVE.
b. Affiliate Members shall not be required to
provide any funding for the COOPERATIVE under Section 5
of the Agreement, and shall not have a vote on any
decision of the COOPERATIVE.
c. Affiliate Members may attend meetings of the
COOPERATIVE, serve as non - voting members of committees
and sub - committees of the COOPERATIVE, and otherwise
assist the COOPERATIVE in pursuing those goals and
objectives for which the COOPERATIVE was established,
and which the governing bodies of the Affiliate Members
endorse.
Section 2. The Cooperative hereby requests the governing
bodies of the County of Volusia, City of Ormond Beach, City of
Holly Hill, City of Daytona Beach, City of Port Orange, City of
Edgewater, and City of New Smyrna Beach, to adopt a Resolution
amending the Interlocal Agreement as indicated.
SECTION 3: This Resolution shall take effect immediately upon
its adoption.
ADOPTED this 19th day of May, 1993.
VOLUSIA CITY - COUNTY WATER
SUPPLY COOPERATIVE
4
CHAI'
ATTEST:
11 /
1 CRETARY
RESOLUTION 93 -4
A RESOLUTION OF THE VOLUSIA CITY -
COUNTY WATER SUPPLY COOPERATIVE
AUTHORIZING AND RECOMMENDING TO ITS
CONSTITUENT MEMBERS THE AMENDMENT OF
THE INTERLOCAL AGREEMENT CREATING THE
COOPERATIVE, BY ADDING SECTION 12 OF
THE AGREEMENT TO CONSIDER LEGAL
LIABILITY OF THE COOPERATIVE; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement of February 28, 1992,
creating the Volusia City- County Water Supply Cooperative (the
"Interlocal Agreement "), may in accordance with Section 9 thereof,
only be amended by the approval of the governing body of every
member of the Cooperative; and,
WHEREAS, the Cooperative has determined that it is in its
best interest to amend the Interlocal Agreement by adding Section
12 to consider the matter of legal liability;
NOW, THEREFORE, be it RESOLVED by the VOLUSIA CITY - COUNTY
WATER SUPPLY COOPERATIVE as follows:
Section 1. The Cooperative deems it appropriate in accordance
with §163.O1(5)(o), Florida Statutes, to amend the Interlocal
Agreement by adding Section 12 thereto, which will read as
follows:
"12. The Members by this Interlocal Agreement
intend to avail themselves of the benefits of the
provisions of §768.28 and §163.01(9)(c), Florida
Statutes, and of other statutes and the common law
governing sovereign immunity to the fullest extent
possible. In accordance with §163.01(5)(o),
Florida Statutes, therefore, the Members agree that
they do not intend for the constituent Members of
the Cooperative to be jointly liable for the torts
of the officers or employees of the Cooperative, or
any other tort attributable to the Cooperative, and
that only the Cooperative shall be liable for torts
attributable to it or for the torts of its officers
or employees, and then only to the extent of the
waiver of sovereign immunity or limitation of
liability specified in §768.28, Florida Statutes.
The Cooperative may acquire insurance in the amount
of the limitation of liability or sovereign
immunity waived by virtue of §768.28, Florida
Statutes. The Members intend the Cooperative to
have all of the privileges and immunities from
liability and exemptions from laws, ordinances,
rules, and common law which apply to the
municipalities and counties of the State of
Florida. Nothing in this Interlocal Agreement is
intended to inure to the benefit of any third party
for the purpose of allowing any claim which would
otherwise be barred under the doctrine of sovereign
immunity or by operation of law.
Section 2. The Cooperative hereby requests the governing
bodies of the County of Volusia, City of Ormond Beach, City of
Holly Hill, City of Daytona Beach, City of Port Orange, City of
Edgewater, and City of New Smyrna Beach, to adopt a Resolution
amending the Interlocal Agreement as indicated.
SECTION 3: This Resolution shall take effect immediately upon
its adoption.
ADOPTED this 19th day of May, 1993.
VOLUSIA CITY - COUNTY WATER
SUPPLY COOPERATIVE
„Agsmosta.
ATTEST:
.ECRET