09-27-2010
Voting Order
Mayor Thomas
Councilwoman Rogers
Councilwoman Bennington
Councilwoman Rhodes
Councilman Cooper
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
September 27, 2010
6:00 P.M.
COUNCIL CHAMBERS
'We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES - None at this time
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen comments
relating to any agenda matter may be made at the time the matter is before Council. Please state your
name and address, and please limit your comments to three (3) minutes or less.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA -
All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon
by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the
Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered
separately.
a. Approval of the 2010/2011 Line of Coverage Insurance Premium in the amount of $515,851 and
authorize the City Manager to Bind the coverage.
8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS
a. 2ull Reading - Ordinance No. 2010-0-20; Repealing and Restating Chapter 8 (Civil Defense
and Disaster Preparedness) to Chapter 8 (Comprehensive Emergency Management Plan and
Disaster Preparedness).
b. 2ull Reading - Ordinance No. 2010-0-21; Amending Article IV (Peddlers, Solicitors,
Canvassers) of Chapter 11 of the Code of Ordinances.
c. 1 sl Reading - Ordinance No. 2010-0-22; Amending Article III, Section 21-36.07 (Boat
Docks and Slips) of the Land Development Code.
d. Resolution No. 2010-R-I0; Authorizing the establishment of the City of Edgewater Manatee
Trust Fund.
e. Resolution No. 2010-R-14; Request to approve the Tentative Millage Rates for Fiscal Year
2010/2011.
City Council Agenda
September 27, 2010
Page-2-
f. Resolution No. 2010-R-15; Request to approve the Tentative Budget for Fiscal Year
2010/201l.
g. Resolution No. 2010-R-16; Modifying administrative fees to the Schedule of costs/fees
relating to the City of Edgewater Code of Ordinances, which includes Chapter 19 (Utilities)
and other administrative fees and costs.
9. BOARD APPOINTMENTS
a. Economic Development Board - Mayor Thomas' appointment due to the expired term of
Robert Lott, who seeks reappointment.
10. OTHER BUSINESS
a. Authorization to extend the Increase Reclaim Customer Initiative as set forth in Resolution
No. 2009-R-24.
b. Approval of the State Revolving Fund Loan Agreement for the Southeast Water Storage and
Pump Station in an amount not to exceed $449,749 and authorization for the City Manager to
execute the Agreements.
II. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
Pursuant to Chapter 286, F.s.. if an individual decides to appeal any decision made with respect to any mailer considered at a
meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is
made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should
coil/act City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone mlmber 386-424-2400 x 1101, 5 days prior to the
meeting date. /fyou are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
�0_
AGENDA REQUEST
Date: September 27, 2010
PUBLIC HEARING RESOLUTION ORDINANCE
CONSENT x OTHER BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Lines of Coverage Insurance Premiums for the period from October 1, 2010 to September 30, 2011.
BACKGROUND:
Staff solicited renewals of all lines of coverage from our carrier Public Risk Insurance Agency. This item
updates the Council on the City of Edgewater's property, liability, automobile, workers compensation and
public officials' insurance renewal premium as solicited by our broker, Public Risk Insurance Agency. Our
broker was able to secure lower premiums due to lower risks associated with our past claims experiences.
STAFF RECOMMENDATION:
Approve 2010/2011 Line of Coverage Insurance Premium in the amount of $515,851.
ACTION REQUESTED:
Motion to approve the 2010/2011 Line of Coverage Insurance Premium in the amount of $515,851 and
authorize City Manager to bind coverage.
FINANCIAL IMPACT:
The total cost for Insurance premiu is budgetep in the Fiscal Year 2010 — 2011 operating budget.
(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) No
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectful submitted Concurrence:
m t
Jo athan C. McKinney Robin Matusick
Finance Director Paralegal
T cey Bar ow
City Man ger
own
rown
CITY OF EDGEWATER
PREMIUM RECAPITULATION
Annual Premium Check Option
Accepted Rejected
Property / Inland Marine / Equipment Breakdown
$ 159,661
❑ ❑
Crime / Employee Dishonesty
$ 2,277.12
❑ ❑
General Liability
$ 43,897
❑ ❑
Law Enforcement Liability
$ 16,875
❑ ❑
Public Officials / Employment Practices Liability
$ 24,237
❑ ❑
Automobile Liability & Physical Damage
$ 57,993
❑ ❑
Workers' Compensation
$ 208,910
CI Ll
AD &D (2 year installment billing)
$ 2,001
❑ ❑
Pollution Liability
Indian Harbor — 10 -1 -09 — 10 -1 -12 Paid In Full for Total Policy Term
I authorize PRIA to request the underwriters to bind coverage on the items indicated above and
acknowledge receipt of the Compensation and Financial Condition Disclosure(s) provided in this
proposal.
(Signature)
(Name & Title)
(Date)
V
AGENDA REQUEST
C.A. #2010 -102
Date: September 16, 2010
PUBLIC
HEARING September 27, 2010 RESOLUTION ORDINANCE September 27, 2010
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION
Second Reading Ordinance #2010 -0 -20 — Repealing and Restating Chapter 8 (Civil Defense and Disaster
Preparedness) to Chapter 8 (Comprehensive Emergency
Management Plan and Disaster Preparedness).
BACKGROUND
Chapter 8 is currently titled "Civil Defense and Disaster Preparedness" has not been updated since 1981.
Staff felt with the continued growth of the community and the change in the needs of the residents, that the
entire chapter should be restated. The refreshed title of Comprehensive Emergency Management Plan and
Disaster Preparedness is also more descriptive of the intent of the chapter.
Listed below are areas that the restated Chapter 8 addresses:
• Clearly designates powers and duties with regards to emergencies and disasters.
• Requires the adoption of a Comprehensive Emergency Management Plan.
• Gives direction on declaration, extension and termination of a local state of emergency.
• References types of Emergency Resolutions authorized.
• Identifies the City Manager as the Director of Emergency Management and establishes the powers
and duties.
• Identifies the operational organization.
• Identifies various types of police, fire, medical, hazardous materials, utility and weather
emergencies.
• Provides direction on certification of emergency conditions.
• Provides direction on prohibition of price gouging.
• Gives direction on the safe use of portable generators in emergencies.
STAFF RECOMMENDATION
Staff recommends that the City Council approve Ordinance 2010 -0 -20.
ACTION REQUESTED
Motion to approve Ordinance 2010 -0 -20.
FINANCIAL IMPACT (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
If so, DATE: Sept. 13, 2010
Respectfully submitte:
Z- �4
rac .Barlow
Cit Manager
YES NO
YES X NO
AGENDA ITEM # 8E
Concurrence:
Robin L. Matusick
Paralegal
ORDINANCE NO. 2010 -0 -20
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING AND RESTATING CHAPTER 8
(CIVIL DEFENSE AND DISASTER PREPAREDNESS) TO
CHAPTER 8 (COMPREHENSIVE EMERGENCY
MANAGEMENT PLAN AND DISASTER PREPAREDNESS)
IN ITS ENTIRETY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 8 (Civil Defense and Disaster Preparedness) has not been modified since
1981 and is being repealed and restated to clarify and designate powers and duties with regard to
emergencies and disasters.
2. Restatement of Chapter 8 will now be known as "Comprehensive Emergency
Management Plan and Disaster Preparedness ".
4. Emergency management, disaster preparedness, and the public health, safety and
welfare of our citizens is a legitimate concern of the City of Edgewater.
5. A comprehensive emergency management plan shall be maintained as a separate
document that approved and adopted by resolution of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. REPEAL AND RESTATE CHAPTER 8 (CIVIL DEFENSE
AND DISASTER PREPAREDNESS) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 8 (Civil Defense and Disaster Preparedness) is hereby repealed and
restated to read as follows:
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Chapter 8 (Comprehensive Emergency Management Plan and Disaster
Preparedness), Code of Ordinances, City of Edgewater, Florida is hereby repealed
and restated in its entirety as set forth in Exhibit "A ", which is attached hereto
and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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#2010 -0 -20
PART F. ADOPTION.
After Motion to approve by Councilman Cooper and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on September 13, 2010, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes ABSENT
Councilman Ted Cooper X
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
3
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PASSED AND DULY ADOPTED this 27th day of September, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of September, 2010 under Agenda Item No.
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#2010 -0 -20
EXHIBIT "A"
As used in this obapter-, the following tefms shall have the r-espeetive meanings aser-ibed
to
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( 3) Volunteer- per and agencies offering se vice to and aceepted by,
Coy
( Th .. ,;1 d ,1; - eet,.. s h a ll appo int ., eoor- f' th t f( f tl. 1
defense, whe s hall be a pefson vvell vefsed and trained in planning operations involving the
aefivities of many different ageneies whieh will operate to pr-eteet the publie health, safety a
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(d) The eivil defense dir-eeter- shall designate and appoint deputy dir-eetor-s to assufflee
the o o d o f th de - ,-,t of his ab senee i t t
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#2010 -0 -20
regulations as he deems necessary to protect life and property and preserving critical resources.
Such regulations may include, but shall not e limited to, the following:
(1) Regulations prohibiting or restricting the movement of vehicles in order to
facilitate the ,vork of civil defense forces or to facilitate the mass
movement of persons from critical areas ',vi thin or without the city.
(2) Regulations pertaining to the movement of persons from areas deemed to
be hazardous or vulnerable to disaster.
(3) Such regulations necessary to preserve public peace, health and safety or
to conserve petroleum products, food, medical supplies, hardware and
equipment and any other commodity or resource required to combat the
emergency or to aid in the restoration ofnorma1cy.
(1) Regulations promulgated in accordance '.'lith the authority alone will be
given ',videspread circulation by proclamations published and uttered by
nev/spaper and radio. The regulations 'Hill have the force of ordinances
when duly filed 'Nith the city clerk, and violations will be subject to the
penalties provided in the City Charter or Code of Ordinances.
(c) The ci'/il defense director shall order civil defense forces to the aid of other
commumtIes \vhen required in accordance with mutual aid agreements or applicable state
statutes, and he may require, through the civil defense, additional aid to the city in case of
disaster '.",hen conditions in the city are beyond the control of the local civil defense forces.
(d) The civil defense director may obtain '-,ital supplies, equipment and other
properties found lacking and needed for the protection of health, life and property of the people,
and bind the city for the fair '-,alue thereof.
(e) The civil defense director may require emergency services of any city officers or
employees. If regular city forces are determined inadequate, the director may require the
services of such other personnel as he can obtain that are available, including citizen volunteers.
All duly authorized persons rendering emergency services shall be entitled to the privileges and
immunities as are proyided by state statute, the city charter and ordinances for regular city
employees and other registered and identified civil defense and disaster works and upon demand,
may receive appropriate compensation for their emergency emplOYment.
(D The civil defense director will cause to be prepared the basic plan herein referred
to and to exercise all the special powers conferred upon him by the ordinances of the city, all
powers conferred upon him by a statuto, or any other lawful authority.
See. 8 5.
Coordinator of the offiee of civil defense.
The coordinator of the office of civil defense shall be responsible to the director in regard
to all phases of the civil defense activity. Under the supervision of the director, he shall be
responsible for the planning, coordination and operation of the civil defense activity in the city.
Under the supervision of the director, he shall maintain liaison ',vith the state and federal
authorities and the authorities of other nearby political subdivisions through normal
administrative channels so as to insure the most effective operation of the civil defense plan. His
duties shall include, but not be limited to, the follovling:
(1) Development and coordination of plans for immediate use of all the facilities,
equipment, manpower and other resources of the city for the purpose of
minimizing or preventing damage to persons or property; and protecting and
7
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(2)
(3)
(4)
(5)
(6)
(7)
Sec. 8 e.
restoring to usefulness governmental services and public utilities necessary for the
public health, safety and ',velfare.
Coordination of the recruitment of 'lolunteer personnel and agencies to augment
the personnel of the city for civil defense purpose.
Negotiating and concluding agreements with owners or persons in control of
buildings or other property for the use of such buildings or other property for civil
defense purpose and designating suitable buildings as public shelters.
Coordinating the activity of all other public and private agencies engaged in any
civil defense activity.
Through public informational program, educating the civilian population as to
actions necessary and required for the protection of their persons or property in
the event of disaster or attack, as defined herein, either impending or present.
Conducting public practice alerts to insure the efficient operation of the civil
defense forces and to familiarize residents '.'lith civil defense regulations,
procedures and operations.
Assuming such authority and conducting such activity as the director may direct
to promote and execute the civil defense plan.
Ciyil defense and disaster basic plan.
(a) A comprehensive civil defense and disaster basic plan shall be adopted and
maintained by resolution of the city council upon the recommendations of the director and city
manager. In the preparation of this plan as it pertains to city organization, it is the intent that the
services, equipment, facilities and personnel of all existing departments, agencies, boards and
council shall be utilized to the fullest extent. 'Nhen appro'led, it shall be the duty of the city
manager to guarantee that all municipal departments, agencies, boards and council to perform
this function assigned by the plan and to maintain their portion of the plan in a current state of
readiness at all times. The basic plan shall be considered supplementary to this section and have
the effect of la'.'.' whenever a disaster or attack, as defined herein, has been proclaimed.
(b) The director shall prescribe in the basic plan those positions '.';ithin the disaster
organization, in addition to his o',vn, for which lines of succession are necessary. In each
instance, the responsible person will designate and keep on file ','lith the director a current list of
three persons as successors to his position. The list ',vill be in order of succession and ',vill as
nearly as possible designate persons by joint title best capable of carrying out all assigned duties
and functions.
(c) Each service chief and department head assigned responsibility in the basic plan
shall be responsible for carrying out all duties and functions assigned therein. Duties will
include the organization and training of assigned city employees and volunteers. Each chief
shall formulate the operational plan for his service which, when approved, shall be an annex to
and a part of the basio plan.
(d) Amendments to the basio plan shall be submitted to the direotor. If approved, the
director '.vill submit amendments through the oity manager to the city council v;ith
recommendations for approval. Such amendments shall take effect 30 days from the date of
adoption by the city council. In the event an amendment is pending at the time that a disaster is
proclaimed under the provisions of this section, the amendment will be considered approved
immediately and will remain effecti'le unless specifically revoked by the council.
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ee) '\Then a required competency or skill for a disaster function is not u'.'ailable ',vi thin
the city government, the director is authorized to seek assistance from persons outside of
government. The assignment of duties, when of a supervisory nature, shall also grant authority
to the persons so assigned to carry out such duties prior to, during, and after the occurrence of
disaster. Such services form persons outside of government may be accepted by the city on a
volunteer basis. Such citizens shall be enrolled as civil defense volunteers in cooperation with
the heads of the city departments affected.
(0 Some of the duties ascribed to the director in this section ',viII ordinarily be
handled as a matter of routine by the coordinator, but he responsibility and authority accrue from
and remain \vith the director.
Sec. 8 7.
Emergency operating centers.
In accordance '.vith F.S. S252.09, the city hereby establishes the city hall as the primary
emergency operating center and the fire station of the city as the secondary emergency operating
center.
See. 8 8.
No municipal or priyate liability.
(a) This chapter is an exercise by the city of its go'.'ernmental functions for the
protection of the public peace, health, and safety, and neither the city nor agents or
representatives of said city nor any indi'.'idual or trustee, nor any of the agents thereof, in good
faith carrying out, complying with or attempting to comply '",ith any order, rule or regulation
promulgated pursuant to the pro'.'isions of this chapter shall be liable for any damage sustained to
persons or property as the result of said activity.
(b) Any person o'",ning or controlling real estate or other premises '",ho voluntarily
and without compensation grants the city the right to inspect, designate and use the whole or any
part of such real estate or premises for the purpose of sheltering persons during an actual,
impending or practice disaster or enemy attack shall not be civilly liable for the death of, or
injury to, any persons on or about such real estate or premises under such license, pri'.'ilege or
other permission, or for loss or damage to, the property of such person.
Sec. 8 9.
Violation of regulations.
(a) It shall be unlawful for any person to violate any of the provisions of this chapter
or of the regulations or plans issued pursuant to the authority contained heroin, or to \villfully
obstruct, hinder or delay any member of the civil defense organization as herein defined in the
enforcement of the provisions of this chapter or any regulation or plan issued thereunder.
(b) Any person violating any provision of this chapter or any rule or regulation
promulgated hereunder, upon conviction thereof, shall be punished as provided in section 1 8.
Secs.8 10 8 19.
Reseryed.
ARTICLE II. EMERCENCY INTERIM SUCCESSION
Sec. 8 20. Definitions.
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Terms used in this article shall have the same meanings as in F.S. ~22.03.
See. 8 21.
Designation of successors Required.
Each duly elected or appointed official of city government shall designate, by title, if
feasible, or by named persons, three (3) emergency interim successors to his office and specify
their order of succession.
Sec. 8 22.
Same Review and revision.
It shall be incumbent upon each elected or appointed official of the city, and the
governing body to review and revise as necessary, the designations of emergency interim
successors made pursuant to this article.
Sec. 8 23.
Same List.
The city clerk, or other designated official, shall maintain in current status the list of
designees for emergency interim succession to the elective and appointive offices of mayor,
councilmen and all appointees, and the order of their succession.
Sec. 8 24.
Exercise of powers and discharge of duties by designee Required.
The emergency interim successor shall exercise the po\vers and discharge the duties of
the office to which designated until such time as the vacancy created by the unavailability of the
regularly elected official shall be filled in accordance with the constitution or applicable statutes
or until the elected official (or a preceding designated emergency interim successor) again
becomes available to exercise the powers and discharge the duties of his office.
See. 8 25.
Same Limitation.
Designated emergency interim successors are empO\vered to exercise the pOVlers and
discharge the duties of the office to which designated only after a disaster, or an attack on the
United States has occurred and then only by reason of the una'luilability of the regular incumbent
or the immediately preceding designated successor. Designated emergency interim successors
are retained on the official roster of successors and in the established order of their succession at
the pleasure of the designating authority, \vho may amend or revise such roster with or without
6ffi:lS&.-
See. 8 26.
Oath of office of designee.
Designated emergency interim successors shall upon designation, (if required) take the
oath of office prescribed for the duly elected official with further stipulation that the designee
shall be empowered to exercise the powers and duties of such office only in the event of the
unavailability of the duly elected or appointed incumbent, or the immediately preceding
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successor, foIlO\ving an emergency, disaster, or enemy attack. No other oath of office shall be
required for succession to the office under the conditions stated herein.
CHAPTER 8.
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND
DISASTER PREPAREDNESS
Sec. 8-1. Purpose and declaration of policy.
This article is enacted to clarify and designate powers and duties with regard to
emergencies and disasters. It is intended to grant as broad a power as permitted by statutory and
constitutional authority.
Sec. 8-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanmg:
Avera$!e retailorice. The average price at which similar merchandise, services, rentals or
lodging were being sold or rented during the thirty (30) days immediately preceding the
declaration of a local emergency.
Civil em er$!ency. Any condition of unrest, riot, civil disobedience, affray, unlawful
assembly, hostile military or paramilitary action, war, terrorism, sabotage, or any similar
condition.
Comorehensive emer$!ency mana$!ement plan. The plan adopted by the city council for
the effective administration of emergency and disaster preparation, response, management and
recovery.
Consumer $!ood. Any service, article, product, merchandise or commodity of any kind or
class, which is customarily produced or distributed for sale or rental at retail or provided for
consumption by or the use or benefit of individuals, including but not limited to foods, water, ice,
clothing, lumber, hardware, chainsaws, generators, and home improvement materials; fuel
products; and repairs, services, rentals or lodging.
Disaster. Whether natural or manmade, shall mean hurricane, flood, fire, tornado,
earthquake, severe high or low temperatures, water contamination or pollution, land
contamination or pollution, air pollution, landslide, mudslide, building or structural collapse,
high water table, pandemic disease, epidemic, blight, drought, severe energy shortages,
windstorm, hazardous substance spills or releases, radiation releases or exposures, infestation,
explosions, sabotage, mass transportation accidents, public health emergencies, or any similar
emergency.
Emergency. Any imminent threat or occurrence of a disaster, civil emergency or utility
emergency that adversely affects the public health, safety or security affecting the city and its
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residents and inhabitants where the city council or the city manager determines it is determined
that the exercise or discharge of emergency or disaster powers. as outlined in Sec. 8-4. is
necessary to save lives. protect property. protect the public health and safety. or to lessen or to
avert the threat of a catastrophe or calamity within the city.
Enforcement official. Any police or law enforcement officer. any code compliance
official. any fire department personnel. or Division of Emergency Management. and any other
appropriate municipal official.
Fuel vroduct. Home heating oil. kerosene. propane. natural gas. diesel fuel. methanol.
aviation fuel. bio-fuels and gasoline.
Utilitv emerflencv. Shall mean conditions which endanger or threaten to endanger the
safety. potability. availability. transmission. distribution. treatment. or storage of water. natural
gas. gas. fuel. electricity. communication. garbage. sewage. or any similar condition.
Sec. 8-3. Adoption of plan.
A comprehensive emergency management plan for the City of Edgewater shall be
adopted by the City Council by resolution and be maintained as a separate document. The City
Manager shall prepare and present to the City Council for approval the comprehensive
emergency management plan and such on-going changes. amendments and revisions thereto
necessary for its effective administration.
Sec. 8-4. Declaration. extension and termination of a state of local emere:encv: delee:ation
of authority to declare. extend and terminate a state of local emere:encv.
(1) The City Council has the power to declare a state of local emergency activating the
emergency management plans applicable to the City of Edgewater when the City
Council finds it necessary to protect the lives and property of the citizens of the City
of Edgewater and to provide for the continued operation of essential services
provided by the City. The City Council may at any time extend or terminate the local
state of emergency as necessary. In the absence ofa quorum of the City Council.
(2) In the absence of a quorum of the City Council. +the Mayor. Vice Mayor. City
Manager. or the Acting City Manager in his/her absence. in the order named. based
on availability. shall have the authority to declare a state of emergency.
(3) Any declaration of a state of emergency and all emergency regulations activated or
rescinded under the provisions of this Chapter and done absent of the City Council.
shall be confirmed by the city council no later than at the next regular meeting. unless
the nature of the emergency renders a meeting of the city council extremely
impractical.
(4) Emergency resolutions authorized by this Chapter shall include. but are not limited to.
the following subjects:
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TABLE INSET:
Resolution Subiect
A Evacuation
B Curfews: declaration of areas off limits
Suspension or regulation of the sale of, or offer to sell, with
C or without consideration, alcoholic beverages, ammunition,
firearms, explosives and flammables or combustibles
D Prohibiting the sale of merchandise, goods or services at
more than the average retail price
E Water use restrictions
F Suspension of local building regulations
G Regulating the use of and rationing of fuel. ice and other
essentials
H Emergency procurement procedures
I Authorizing the Suspension of Certain City Codes, Rules
and Regulations Relating to Temporary Housing
(5) Upon declaration of a state of local emergency and during the existence of a declared
state of local emergency, the Mayor or designated city official. in addition to any
other powers conferred upon the Mayor or designated city official by F.S. Chapter
252, F.S. Chapter 870, or other law, has the power and authority among other non
enumerated powers to:
a) Direct and compel the evacuation of all or part of the population from any
stricken or threatened area within the City if the Mayor or designated city official
deems this action necessary for the preservation of life or other emergency
mitigation, response, or recovery.
b) Waive the procedures and formalities otherwise required of the city by law or
ordinance pertaining to:
(1) Performance of public work and taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community:
(2) Entering into contracts:
(3) Incurring obligations:
(4) Employment of permanent and temporary workers:
(5) Utilization of volunteer workers:
(6) Rental of equipment:
(7) Acquisition and distribution, with or without compensation, of
supplies, materials, and facilities:
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(8) Appropriation and expenditure of public funds.
c) Prohibit or regulate travel upon any public street, highway or upon any other
public property. Persons in search of medical assistance, food or other commodity
or service necessary to sustain the well being of themselves or their families or
some member thereof may be excepted from such prohibition or regulation;
d) Impose a curfew upon all or any portion of the city thereby prohibiting persons
from being on public streets, highways, parks or other public places during the
hours which the curfew is in effect;
e) Prohibit any person, firm, or corporation from using the fresh water supplied by
the city for any purpose other than cooking, drinking or bathing;
f) Prohibit the sale or distribution of any alcoholic beverages, ammunition, firearms,
explosives, and flammables or combustibles during a state of emergency with or
without the payment or a consideration therefore;
g) Prohibit or regulate the participation in or carrying on of any business activity,
and prohibit or regulate the keeping open of place of business, places of
entertainment and any other place of public assembly, unless authorized by the
Mayor or designated public official and must be for the purpose of assisting with
disaster preparedness, response or recovery;
h) Regulate the use of and ration fuel, ice and other essentials;
i) Prohibit or regulate any demonstration, parade, march, vigil or partIcIPation
therein from taking place on any of the public rights-of-way or upon any public
property;
j) Suspend local building regulations as necessary during the existence of a public
emergency;
k) Prohibit the sale of merchandise, goods or services at more than the average retail
pnce;
1) The restrictions referenced in sections (c) through (e) above may exempt, from all
or part of such restrictions, physicians, nurses and ambulance operators
performing medical services, on-duty employees of hospitals and other medical
facilities, on-duty military personnel, bona fide members of the news media,
personnel of public utilities maintaining essential public services, City authorized
or requested firefighter, paramedic, law enforcement officers and emergency
management personnel and such other classes of persons as may be essential to
the preservation of public order and immediately necessary to preserve safety,
health and welfare needs of the people within the City.
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(5) A declaration of a State of Emergency shall activate the emergency plans applicable
to the City. A declaration of a state of emergency shall automatically invoke the
emergency measures listed in F.S. Section 870.044, if the emergency relates to overt acts
of violence or the imminent threat of such violence.
(6) A State of Emergency, when declared as provided herein, shall continue in effect
from day to day until declared to be terminated. Provided, however, that a State of
Emergency declared pursuant to F.S. Section 870.041 et seq. shall commence upon the
declaration thereof and shall terminate at the end of a period of seven (7) consecutive
days thereafter, unless, prior to the end of such seven day period, the public official or
city official declaring the emergency shall have terminated such State of Emergency. An
extension of periods up to 72-hour time limit(s) may occur but must be accomplished by
a declaration of extension of the state of emergency by the Mayor or designated City
official.
Sec. 8-5. Termination of a State of Emerl!ency.
A State of Emergency may be terminated by the official declaring the emergency or a
person eligible to declare an emergency and the termination shall be confirmed by a vote of the
City Council. at the earliest convenience, or upon the certification of the person who originally
requested the declaration of the state of emergency, that the conditions leading to or causing the
emergency no longer exist and the City's agencies and departments are able to manage the
situation without extraordinary assistance. Provided, however, that a State of Emergency
established under F.S. Section 870.041 et seq. shall terminate at the end of a period of seven (7)
consecutive days after the declaration of the emergency, unless, prior to the end of the seventy-
two-hour period, the public official calling for a declaration of emergency or the City Council
has terminated such State of Emergency. Notice of termination of the emergency declaration
shall be made to the public by the City Manager by available means.
Sec. 8-6. City manal!er to act as Director of Emerl!encv Manal!ement.
Pursuant to the Comprehensive Emergency Management Plan, the City Manager shall act
as the Director of Emergency Management with all of the authority of that position either
granted by the Citv's Comprehensive Emergency Management Plan, the City Council. Federal or
State law, City or County ordinances. The City Manager or his designee shall appoint a
Coordinator of Emergency Management whose duties shall include the ongoing planning for and
coordination of those actions necessary for the creation and maintenance of an effective
emergency response capability to prepare for and manage emergency conditions.
Sec. 8-7. Powers and duties of Director of Emerl!encv Manal!ement.
The powers and duties of the director of emergency management shall include, but are
not limited to, all of the following emergency measures:
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(1) Direct pre-emergency and emergency response activities by city departments and
such emergency services personnel as the director of emergency management may
designate or appoint.
(2) Execute contracts and purchase or lease goods and services for emergency
protection, construction or repair of public improvements and property to the extent
allowed by law.
(3) Lease real property or structures necessary for the continued operation of city
government and essential services provided by the City.
(4) Recommend the suspension of or limit the sale, dispensing or transportation of
alcoholic beverages, firearms, explosives and combustibles.
(5) Recommend the establishment of curfews, including but not limited to, prohibition
or restriction of pedestrian and/or vehicular movement, standing or parking, except
for the provision of essential services, such as fire, police, utility emergency repairs,
emergency medical services and hospital services, including the transportation of
patients and emergency calls by physicians.
(6) Identify and recommend the declaring of certain areas off limits.
(7) Make provisions for availability and use of temporary emergency housing and
emergency warehousing of materials and equipment.
(8) Establish and operate emergency operation centers and shelters as necessary.
(9) Recommend the declaring that it shall be unlawful for any person to use the fresh
water supplied by the City of Edgewater for any purpose other than cooking,
drinking or bathing.
(10) Request assistance from other governmental agencies as necessary for mitigation of
the emergency or disaster.
(11) Coordinate with federal. state and other governmental agencies as may be necessary
to plan and implement a ioint iurisdiction emergency planning and disaster services
plan and mutual aid arrangement.
(12) Coordinate the City Comprehensive Emergency Management Plan with the county
emergency management agency pursuant to F.S. Chapter 252. Comply with all laws,
rules, and requirements applicable to county emergency management agencies.
Coordinate requests for state or federal emergency response assistance with the
County of Vol usia.
(13) Consult with the City Attorney in the planning and exercise of emergency powers.
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(14) Recommend for adoption by the City Council mutual aid plans and agreements.
(15) Direct emergency training activities.
(16) Maintain a liaison with other municipal. state, regional and federal emergency
management agencies.
(17) In consultation with the City Attorney, prepare all necessary emergency declarations,
orders and rules and contracts or agreements.
(18) Act as, or appoint, a media contact person during the state of local emergency.
(19) Utilize those powers enumerated in F.S. Chapter 252.
(20) Delegate responsibilities as necessary to members of the recovery operations
management team.
(21) As necessary during and following any period of a declared State of Emergency,
enter onto roadways in private or gated communities or on private property for
collection and removal of event-generated debris located in the rights-of-way and/or
utility easements or on private property when it is determined on a case-by-case
basis that the removal of such debris from private property may be in the public
interest when it is required to eliminate or lessen an immediate threat to life, public
health and safety, to reduce a threat of additional damage to improved property, or to
promote economic recovery of the community at large, subiect to the section 8-13
below, on debris and hazard removal.
(22) Assume other emergency responsibilities as assigned by the City Council.
Sec. 8-8. Operational oreanization.
The emergency management services organization of the city, which includes but is not
limited to; Emergency Operation Center Management Group, Emergency Preparedness Task
Force, Emergencv Response Team and the Long Term Disaster Recoverv Team, shall consist of
municipal officers and employees who may be designated by the Director of Emergency
Management, volunteer workers, and paid non-city workers deemed necessary by the Director of
Emergency Management to accomplish emergency management planning and response goals.
Sec. 8-9. Police Emereencies.
(1) A public emergency may be declared because of civil unrest or imminent threat to
public peace or order when the Chief of Police, or if unavailable, the next highest ranking
officer in the Police Department chain of command, certifies to the City Manager (or, if
unavailable, the Acting City Manager) that an emergency condition arising from hostile
actions of others, armed or unarmed or other imminent threat to public peace or order,
reqUIres extraordinarv measures for control. including, but not limited to curfew;
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blockade; proscription of the sale of firearms and other weapons, alcoholic beverages;
explosives and combustibles; evacuation; and other like actions. The City Manager, or if
unavailable, the Acting City Manager, shall report said certification to the officials in the
order named in Section 8-4(2) regarding the need to declare a state of emergency.
Pursuant to Section 8-4, a declaration of emergency may then be issued.
(2) Declaration of a public emergency because of civil unrest or imminent threat to
public peace or order shall authorize the Mayor, Vice-Mayor, City Manager or other
designated official to exercise the powers provided in Section 8-4 or require automatic
emergency measures pursuant to F.S. Section 870.44 et seq. In addition, additional
discretionary emergency measures pursuant to F.S. Section 870.045 may be issued.
Sec. 8-10. Fire and Hazardous Materials Emen?:encies.
(l) A public emergency may be declared because of fire, emergency medical condition
or a hazardous materials incident emergency when the Chief of the Fire-Rescue
Department, or if unavailable, the next highest ranking officer in the Fire-Rescue
Department chain of command, certifies to the City Manager or designee that an actual or
potential condition arising from fire, medical condition, explosion, chemical. radiological
or biological spill. release or exposure, building or bridge collapse, or plane, train, or
other vehicle accident, or other actual or potential occurrences which pose an
unreasonable risk to health, safety and property, which requires extraordinary measures
for control. including, but not limited to calling out of off-duty and reserve personnel;
assistance by outside agencies; evacuation; and other like actions. The City Manager
shall report said certification to the officials in the order named in Section 8-4(2)
regarding the need to declare a state of emergency. Pursuant to Section 8-4, a declaration
of emergency may then be issued.
(2) Declaration of a public emergency because of fire, chemical. radiological or
biological and hazardous material emergency shall authorize the City Manager or other
designated official to exercise the powers provided in Section 8-4.
Sec. 8-11. Utility Emen?:encies.
(l) A public emergency may be declared because of utility conditions when the Director
of the Environmental Services Department, or if unavailable, the next highest ranking
Environmental Services Department official. certifies to the City Manager that:
(a) A condition exists or is imminent that endangers the safety, potability,
quantity, availability, collection, conveyance, transmission, distribution,
treatment, or storage of water or waste water through or within the City's
water or waste water utility system; or
(b) A condition exists or is imminent that endangers the safety, quality, quantity,
availability, transmission, distribution, or storage of gas through or within the
gas utility system provided throughout the City; and
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(c) Extraordinary actions to control and correct the situation are required,
including, but not limited to, emergency purchase; call-in of off-duty personnel;
assistance by other communities and agencies; and other like actions.
(2) The City Manager shall report said certification to the officials, in the order named in
Section 8-4(2) regarding the need to declare a state of emergency. Pursuant to Section 8-
4, a declaration of emergency may then be issued.
(3) Declaration of a public emergency because of utility conditions shall authorize the
exercise of emergency powers provided in Section 8-4.
Sec. 8-12. Weather Emer2encies.
(1) A public emergency may be declared because of weather conditions when the
National Weather Service or a State, County or local emergency management agency
informs the City or the public that emergency conditions resulting from meteorological
conditions are present or imminent. Meteorological conditions covered by this Section
shall include, but are not limited to, hurricanes, floods, tornadoes, or other severe weather
conditions and the results may be considered to be hazardous or harmful to the
community. The City Manager shall request a declaration of a state of emergency from
the officials in the order named in Section 8-4(2). Pursuant to Section 8-4, a declaration
of emergency may then be issued.
(2) Declaration of a public emergency because of weather conditions shall authorize the
exercise of emergency powers provided in Section 8-4.
Sec. 8-13. Debris and hazard removal.
A declaration of local emergency under this chapter shall implement the process by
which the City of Edgewater assumes responsibility during and following any period of a
declared state of local emergency to enter onto roadways in private or gated communities or on
private property for collection and removal of event-generated debris located in the rights-of-way
and/or utility easements or on private property when it is determined on a case-by-case basis by
the Director of Emergency Management that the removal of such debris from private property
may be in the public interest when it is required to eliminate or lessen an immediate threat to life,
public health and safety, to reduce a threat of additional damage to improved property, or to
promote economic recovery of the community at large. Prior to such entry, the owner(s) of said
roadways in private or gated communities, or the authorized representative(s) of the private or
gated community, shall agree in writing to indemnify, when reasonable to do so, and hold
harmless the City, County, and State from liability associated with or arising out of entry onto
private roadways and/or utility easements and the collection and removal of event-generated
debris under this section. If the owners or authorized representative( s) of private property cannot
be immediately contacted in order to obtain a written agreement for entry, the City shall
complete the minimal task required on the private property in order to correct any immediate
threat to life, public health and safety.
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Sec. 8-14. Suspension of Local Buildin2 Re2ulations.
The City Manager may authorize a suspension of local building regulations during and
following a declared state of emergency when the Chief Building Official certifies to the City
Manager that such action is necessary for the expeditious restoration of property damaged by the
emergency event. Such suspension of building regulations may be applied on a case-by-case
basis as required to remedy specific conditions and to facilitate the provision of emergency
housing to disaster victims. The Chief Building Official shall specify the provisions of the
building code to be suspended and the reasons therefore, when certifying the necessity of such
suspension to the City Manager. The City Manager shall communicate to the City Council the
need to suspend local building regulations to the officials, in the order named in Section 8-4(2).
The City Council shall confirm the suspension pursuant to Section 8-4.
Sec. 8-15. Certification of Emer2encv Conditions.
A certification of emergency conditions to the City Manager may be verbal, but each
verbal certification shall be confirmed in writing within twenty-four (24) hours following an
emergency declaration.
Sec. 8-16. Prohibition on Price Gou2in2.
(1 ) Upon declaration of an emergency pursuant to Section 8-4, and during the duration
of such emergency, it shall be prima facie evidence that an unlawful method of
competition and an unfair and deceptive trade act or practice has occurred if any
individual or business entity doing business in the City of Edgewater charges more than
the average retail price for any consumer good and such price exceeds the average price
at which the same or similar consumer good was readily obtainable in the City of
Edgewater during the thirty (30) days immediately prior to a declaration of a State of
Emergency; or the charges represent a gross disparity between the price of the consumer
good or dwelling unit or self-storage facility that is the subiect of the offer or transaction
and the average price at which that commodity or dwelling unit or self-storage facility
was rented, leased, sold, or offered for rent or sale in the usual course of business during
the thirty (30) days immediately prior to a declaration of a State of Emergency, and the
increase in the amount charged is not attributable to additional costs incurred in
connection with the rental or sale of the commodity or rental or lease of any dwelling unit
or self-storage facility, or national or international market trends; or for a person or his
agent or business entity or its employee to rent or sell or offer to rent or sell at an
unconscionable price within the area for which the State of Emergency is declared, any
consumer good including, but not limited to, supplies, services, provisions or equipment
that is necessary for consumption or use as a direct result of the emergency.
(2) This Section does not prevent the seller of consumer goods from charging an amount
in excess of the average retail price if such higher price is the direct result of, and limited
to, any increased costs due to the transportation of the consumer good during the State of
Emergency or any increased cost for the consumer goods from the manufacturer,
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distributor or wholesaler to the seller. In such instances, only the actual cost increase per
item from the manufacturer, distributor or wholesaler can be added to the average retail
pnce.
(3) A price increase approved by an appropriate government agency shall not be in
violation of this ordinance.
Sec. 8-17. Portable Generators.
(1) The use and operation of a portable auxiliary electrical generator is prohibited within
or on the following areas:
(a) Within five (5) feet of any opening (includes, but is not limited to, doors and
windows) into a building or structure;
(b) Within garages, enclosed or partially enclosed areas, or under eaves or other
overhangs;
(c) On roofs or roof areas, balconies, ingress/egress areas and discharge ways,
including but not limited to walkways, stairways and stairwells.
(d) The generator shall be operated in a safe manner and in accordance with
NFP A 70, the National Electric Code and all other applicable laws, regulations
and City ordinances.
Sec. 8-18. Penalty for violation of emen?:ency declaration, order or rule.
Any violation of an emergency declaration, order or rule issued {>ursuant to F.S. Chapter
252 shall be punishable as provided in F.S. Chapter 252.
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8b
AGENDA REQUEST
Date: September 16.2010
PUBLIC
HEARING X
RESOLUTION
ORDINANCE 9/27/10
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2010-0-21
An amendment to Article I V (Peddlers,
Solicitors, Canvassers) of Chapter II of the
Code of Ordinances.
BACKGROUND
Article I V is currently titled "Peddlers, Solicitors, Canvassers" and has not been updated since 1995.
Staff felt with growth of the City and changing needs of the residents and businesses, the Article should
be updated to reflect additional needs.
The following are areas of the Article being addressed:
· The inclusion of a definition and criteria for "itinerant merchants" and "itinerant vendors".
· Requiring photographs and fingerprints of the applicant are provided with the application.
· Clearer criteria for issuance and denial of permit.
· Clearer criteria for the revocation of a permit.
RECOMMENDA TION
Staff recommends approval of Ordinance No. 2010-0-21; amending Article IV (Peddlers, Solicitors,
Canvassers) of Chapter 11 of the Code of Ordinances.
ACTION REQUESTED
Motion to approve Ordinance No. 2010-0-21
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: 9/13/1 0
AGENDA ITEM NUMBER: 8F
Respectfully Submitted By:
L~O, 1, }m.y1J
Bonnie Wenzel
City Clerk
c:5\c6.~'t:ll}~ k)
Robin Matusick
Paralegal
ORDINANCE NO. 2010-0-21
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA, AMENDING ARTICLE IV (PEDDLERS,
SOLICITORS, CANV ASSERS) OF CHAPTER 11
(BUSINESS TAX RECEIPTS AND BUSINESS
REGULATIONS); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Article IV (Peddlers, Solicitors, Canvassers) of Chapter 11 (Business Tax
Receipts and Business Regulations) of the City of Edgewater Code of Ordinances has not been
modified since 1995.
2. Amendment of Article IV (Peddlers, Solicitors, Canvassers) will include a section
related to the regulation of itinerant merchants doing business within the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A.
AMEND ARTICLE IV (PEDDLERS, SOLICITORS,
CANV ASSERS) OF CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS) OF THE
CODE OF ORDINANCES IN ITS ENTIRETY FOR THE
CITY OF EDGEW A TER, FLORIDA.
Chapter 11 (Business Tax Receipts and Business Regulations), Article IV
(Peddlers, Solicitors, Canvassers) is hereby amended to read as follows:
Chapter 11 (Business Tax Receipts and Business Regulations), Article IV
(Peddlers, Solicitors, Canvassers) is now amended to read Article IV (Peddlers,
Solicitors, Canvassers and Itinerant Merchant); Code of Ordinances, City of
Edgewater, Florida is hereby repealed and restated in its entirety as set forth in
Exhibit "A", which is attached hereto and incorporated herein.
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PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F.
ADOPTION.
After Motion to approve by Councilwoman Rogers and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on September 13, 2010, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes ABSENT
Councilman Ted Cooper X
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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PASSED AND DULY ADOPTED this 27th day of September, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of September, 2010 under Agenda Item No.
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4
EXHIBIT "A"
ARTICLE IV.
PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT
MERCHANT
Sec. 11-61. Statement of purpose.
It is the purpose of the city to assist in the accomplishment of the following goals:
(I) Prevention and/or reduction of crimes;
(2) Protection of the privacy and peaceful enjoyment of the home and business; and
(3) Making available to residents information helpful to determine their response to
solicitors.
Sec. 11-62. Definitions.
As used in this article, the following definitions shall apply:
Itinerant merchant or itinerant vendor means any person. firm. organization. corporation. or
other entity whether its owner. agent. consignee or employee. whether a resident of the City or
not. who engages in temporary (not to exceed three months) business 'of selling and delivering
goods. wares and merchandise i.e holiday tree sales and pumpkin sales during the fall season
within the City for the exhibition and sale of such wares or merchandise. The term "itinerant
merchant" also includes a business operator. on said operator's own property. when said operator
conducts activities in open spaces outside of an enclosed structure. including but not limited to.
approved activities. the sale or display of goods and/or services not part of the normal business
activities of that operator but encompassed by said City local business tax receipt. Person. firms
or corporations so engaged shall not be relieved from complying with provisions herein by
reason of temporary association with or sponsorship by any local dealer. trade. merchant or
auctioneer. or by conducting such itinerant business with. as a part of. or in the name of any local
licensee. Notwithstanding anything to the contrary herein. the term "itinerant merchant" shall
also include business operators who conduct activities within enclosed structures at flea markets
operating during recognized events on days flea markets are not normally operated with
appropriate City approvals. Vendors registered by approved Special Activity Permits are
excluded from this provision.
Peddler, solicitor or canvasser7"" Irrespective of common usage, these terms may be used
interchangeably to describe means any person who makes uninvited contact, directly or
indirectly, by telephone, mail or in person or otherwise with any resident of the city for the
purpose of soliciting lirrespective of common usage. these terms may be used interchangeably.
This includes any person who, without invitation, goes upon private property to request
contribution of funds or anything of value or to sell goods or services for political, charitable,
religious, or other noncommercial purposes.
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Resident of the city means Af!IlY person with a mailing or street address located within the city,
including temporary visitors, renters or boarders.
Solicit solicitation or soliciting~ These terms describe means the act of requesting, directly or
indirectly, expressly or by implication, money, credit, property, financial assistance, information
or any other thing of value either in return for goods or services, or for an order for either goods
or services, or as a contribution or donation whether or not such contribution or donation results
in receipt of any goods, merchandise or service or any similar exchange of something of value
between the person engaging in the act of solicitation and a resident of the city, whether such
things of value be tangible or intangible.
Structure;- means Af!IlY object constructed or installed by a person having a permanent location
on the ground.
Transient 1.1erch6mt. j\ "transient merchant" which shall include the words "itinerant merchant,"
" or "itinerant vendor," is defined as any person, firm or eorporation, 'whether its ovmer, agent,
consignee or employee, whether a resident of the city or not, VfflO engages in temporary business
of selling and delivering goods, ,vares and merchandise ',vithin the city, and ','/ho, in furtherance
of such purpose hires, leases, uses or occupies any building, or structure, vehicle, tent, room,
apartment, shop, street, alley, property, or other place within the city for the exhibition and sale
of such wares or merchandise, either privately or at a publie auction, provided that such
definition shall not include any person who, while occupying such temporary location, docs not
sell from stock, but exhibits samples only for the purpose of securing orders f-or future delivery.
Persons, firms or corporations so engaged shall not be relieved from complying v.ith provisions
herein by reason of temporary association with or sponsorship by any local dealer, trader,
merchant or auctioneer, or by condt:lcting such itinerant business v/ith, as a part of, or in the name
of any local licensee.
Sec. 11-63. Registration--Required.
(a) Except as otherwise provided in section 11-73, it shall be unlawful for any person 18 years
of age or older to engage in soliciting or itinerant merchandising sales within the city without
first being registered for that purpose as provided in this article.
(b) No person under the age of 18 shall be permitted to engage III soliciting or itinerant
merchandising: sales except as provided in this section.
(c) A registration shall be obtained by a sponsoring person, company or organization for the
conduct of any solicitation or itinerant merchandising sales activities involving, in whole or in
part, a sales force of one or more person under 18 years of age.
(d) The sponsor shall be responsible for supervising and controlling the conduct of all persons,
including juveniles, soliciting under the sponsor's registration. For the purposes of this section,
supervision shall mean that the sponsor has the person soliciting under the sponsor's registration
within view at all times.
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(e) For solicitation.+lhe sponsor shall provide to each individual in its sales force a badge or
other easily readable form of identification which identifies the name of the sponsor and the
name of the individual. The sponsor shall require all individuals in its sales force to wear such
identification so that it is clearly visible at all times when the individuals are soliciting.
Sec. 11-64. Same--Application.
(a) Form. Applicants for registration shall complete and return to the city clerk, not fewer than
five working days in advance of the date upon which the applicant wishes to commence
solicitations within the City and fourteen working davs in advance for itinerant merchants, a
registration form furnished by the city which shall require the following information:
(1) Name, Social Security number, permanent address and telephone number, and
temporary address and telephone number.
ill A physical description of the applicant. setting forth the applicant's date of birth
and any other distinguishing physical characteristics.
~ ill The make, model and license number of any vehicles to be used by applicant.
~ ill The place where the applicant may be contacted for at least seven days after
leaving the city.
(41 ill Name, address and telephone number of the person or organization the applicant
represents or is employed by, (if applicable).
~ (Q) Name and title of an officer of such organization who can verify the authority of
the applicant to represent the organization.
f6j ill The name of three previous cities where applicant (or the organization
represented) conducted similar solicitations or itinerant merchandising sales (if
applicable).
t+1 00 A statement as to whether or not applicant has been convicted, pled guilty or pled
nolo contendere to any crime or any ordinance yiolation inyol-:ing moral turpitude v.ithin
the preceding five years and the place and nature thereof; A statement of any
convictions. nolo contendere pleas. or forfeitures for violating any local. state or federal
law. excluding traffic fines of$50.00 or less. the nature and location of the offense(s) and
the penalty imposed.
{2} The applicant shall furnish with the form two photographs of the applicant taken
within 60 days immediately prior to the date of filing of the application. which shall be at
least two inches by two inches. showing the head and shoulder of the applicant in a clear
and distinguishable manner. one of which shall remain on file in the office of the City
Clerk and the other shall be attached to and made part of the permit.
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Qill The applicant shall provide a set of fingerprints which shall remain on file with
the city.
t8j.Q..D. A statement as to whether or not the applicant (and/or represented organization,
if applicable), has:
a. Engaged in solicitations or itinerant merchandising sales of a similar nature in
the city before; and
b. If so, whether any license, permit or registration issued by the city has ever
been revoked;
t9j Q..I} The nature of the solicitations to be conducted and a brief description of any
good or services offered.
fl-G1 Ll1l The proposed method of delivery of goods or services, if applicable.
fH1 Ll.il The period length of time during which solicitations will be eonducted within
solicitation/business or itinerant merchandising sales is to be conducted in the city of
Edgewater.
(H1 @ A statement that the registration does not represent and will not be used by the
applicant as an endorsement of the solicitor's or itinerant merchants product, service or
cause by the city.
(16) For itinerant merchants. a notarized statement from the property owner authorizing
applicant to conduct itinerant merchant activities on the property. Statement shall also
acknowledge that the property owner recognizes that he/she will be responsible for any
code violations on the property. Nothing herein alters the City's ability to cite and lien
the property owner pursuant to the authority in Chapter 162. Florida Statutes. if the
statement is not provided by the property owner.
All statements made by the applicant upon the application or in connection therewith,
shall be under oath.
(b) Additional information. Each applicant shall present to the city clerk for examination:
(1) A driver's license or some other proof of identity providing equivalent information;
(2) Any certificates, licenses or other authorizations as may be required by the city, state
or other regulatory bodies applicable to the applicant's proposed solicitation activity.
Sec. 11-65. Same--Fee.
At the time the application is submitted, a fee shall be paid to the city clerk to partially
defray the cost of processing the registration and issuing the certificate of registration. The fee
shall be established by a resolution from the city council and subject to change accordingly. This
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#2010-0-21
fee is not refundable if the registration is refused for any reason noted in section 11-66 or if the
applicant withdraws the application at any time after the close of the business day on the day
during which it was submitted.
Sec. 11-66. Same Investigation Review; issuance or denial.
(a) Upon receipt of an application, the city clerk shall refer it as soon as possible to the
chief of police who shall make and complete an investigation of the information contained in the
application. cause such review of the applicant's criminal background.
(b9.) The city clerk shall refuse to register the applicant if it is determined, pursuant to
the chief of police's investigation review that:
(1) The application is incomplete or contains false data;
(2) The applicant Vias convicted of a crime, statutory violation of an ordinance violation
involving moral turpitude v.ithin the preceding five years; or has been convicted of a
felony offense or first degree misdemeanor;
(3) The applicant failed to comply with any applicable provision of section 11-64.
(eg) Absent a cause to refuse registration in accordance with subsection (b), the city
clerk shall grant a registration and issue to the applicant a certificate of registration. Such
certificate shall authorize the holder to conduct business within the city for a Hthree-month
period of time. The city clerk shall maintain an accurate record of every application received and
acted upon together with all other information and data pertaining to the application and all
certificates of registration issued and applications refused.
(~) A permit is not transferable between solicitors or itinerant merchants. When a
solicitor changes employers, or his permit is revoked, the permit is automatically void; and he
shall return the void permit to the city clerk.
Sec. 11-67. Appeal.
Any person aggrieved by the action or decision of the city clerk to deny or revoke a
registration may appeal such decision to the city council by filing a written request with the city
manager within 30 days after the rendition of the decision by the city clerk. The request shall be
placed on the agenda of the next available regular meeting of the city council.
Sec. 11-68. Loud noises and speaking devices.
No applicant, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or
use any sound-amplifying device upon any of the streets, alleys, parks or other public places of
the city or upon private premises where sound of sufficient volume is emitted or produced
therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other
public places, for the purpose of attracting attention to any goods, wares or merchandise which
such applicant proposes to sell.
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Sec. 11-69. Prohibited practices.
It is unlawful for any peddler, solicitor or itinerant merchant to make exclusive use of any
location on any street, alley, sidewalk or right-of-way for the purpose of selling, delivering or
exhibiting goods or merchandise.
Sec. 11-70. Solicitor Bbusiness regulations.
It shall be unlawful for any solicitor:
(1) To call at any residence prior to the hour of9:00 a.m. or after 8:00 p.m.;
(2) To call at any residence or other place bearing a notice of "No Peddlers" or "No
Solicitors" or words of a similar meaning, providing such notice is posted in a
conspicuous place or near the main entrance, is plainly visible, is at least three inches by
five inches in height;
(3) To call at other than the front or main door of any residence;
(4) To remain on any premises after being asked to leave by the owner, occupant or
other person having authority over such premises;
(5) To misrepresent or make false, deceptive or misleading statements concerning the
quality, quantity or character of any goods or services provided, the purpose of the visit,
his or her identity or the identity of the represented organization; or
(6) To impede the free use of sidewalks and streets by pedestrians and vehicles.
Sec. 11-71. Solicitor Disclosure.
All registered solicitors shall conform to the following requirements:
(1) After the initial greeting and before any other statement is made to a prospective
solicitee, a solicitor shall expressly disclose his or her name, the name of the organization
represented, if any, and identify the nature of the solicitation, i.e. selling
seeking information for , asking for contributions to or for , etc.
(2) If the solicitation is for the purchase of goods or services or for any order for the
later delivery of goods or services, the solicitor shall clearly inform the solicitee of their
right to cancel the transaction at any time within 72 hours if it involves the extension of
credit or is a cash transaction of more than $25.00.
(3) If the solicitation results in an order for the later delivery of goods or services, the
solicitor shall, at the time the order is taken, provide the buyer with a copy of all signed
documents, containing at the minimum: the terms of the agreement, the amount paid in
advance and whether such amount represents full, partial or no advance payment; the
name, address and telephone number of the seller or provider, the delivery or
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#2010-0-21
performance date; and whether a guarantee or warranty is provided, if so, the terms
thereof.
(4) Upon any request to do so, the solicitor shall display for review the certificate of
registration issued by the city.
Sec. 11-72. ReyoeatioB Itinerant merchant business re!!ulations.
(1) The site shall have appropriate sanitary facilities available at the premises upon which
temporary business will be permitted.
(2) The proposed location will not result in unsafe ingress/egress for either pedestrians or
vehicles.
(3) The proposed location shall comply with the appropriate Florida Fire Prevention
Codes.
(4) The proposed location will direct on-site lighting awav from adiacent parcels and
roadways.
(5) The City may add other conditions to protect the health. safety and welfare of the
residents.
The City shall provide scheduled and unscheduled inspections prior to and/or during the period
of the permit by police. fire. code compliance. building and/or City administration
representatives to monitor and ensure compliance with all applicable City. County and State
codes.
Sec. 11-7~~. Revocation.
Any certificate of registration shall may be revoked by the city clerk if the holder
conducts peddling. ef solicitation or itinerant merchandising activities contrary to any of the
provisions of this article; has made a false statement in the application; has made a
misrepresentation or a false statement in the conduct of business; is convicted of illY erime
involving moral turpitude; has been convicted of a felony offense or first degree misdemeanor;
conducts peddling or solicitation or itinerant merchandising activities in such a manner as to
create a public nuisance, constitute a breach of the peace or endanger the health, safety or general
welfare of the public; or otherwise becomes disqualified for the issuance of a certificate of
registration under the terms of this article. Immediately upon such revocation, written notice
thereof shall be given by the city clerk to the holder of the certificate in person or by registered
United States mail addressed as set forth in the application. Immediately upon the giving of such
notice, the certificate of registration shall become null and void.
Sec. 11-7~. Exemptions.
The following, or their authorized agents, are exempt from the provisions of this article;
any person:
(1) Delivering newspapers, fuel, dairy products or bakery goods to regular customers on
established routes;
(2) Selling goods at wholesale dealers in such goods;
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#2010-0-21
(3) Who has an established place of business where goods or services being sold are
offered for sale on a regular basis, and where the buyer has initiated contact with and
specifically requested a home visit by such person;
(4) Who has had, or one who represents an organization which has had, a prior
transaction similar to that being solicited with the solicitee;
(5) Who is an officer or employee of the city, county, state or federal government or any
subdivision thereof, when on official business;
(6) Conducting solicitations from the membership of the represented organization for
the sole benefit or under the auspices of that organization, and
(7) Nonprofit organizations are exempt from paying the fee but shall register. with proof
of nonprofit status
(2) Wholesale dealers conducting business with commercial or industrial businesses
within the City.
Sec. 11-745. Enforcement.
The provisions of this chapter shall be enforced by the city clerk. code enforcement
division. police department and fire department.
Sec. 11-74~. Reserved.
Sec. 11-7S1. Penalty.
Any person violating the provisions of this article shall, upon conviction, be subject to the
penalties in section 1-8 of this Code. Each separate day of violation constitutes a separate
offense.
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#2010-0-21
k
AGENDA REQUEST
C.A. #201 O-TA-l 004
Date: September 10, 2010
PUBLIC
HEARING September 27.2010
RESOLUTION
ORDINANCE
x
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2010-0-22
Amendment to the City of Edgewater Land Development
Code, Article III, Section 21-36.07 - Boat Docks and Slips
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION:
Approve the Land Development Code (LDC) text amendment to Article III proposing a modification to Section 21-
36.07 - Boat Docks and Slips
Background: The LDC Article X (Boat Slip Allocation) provides more in-depth standards regarding the number of
boat slips permitted for lots of record along the Indian River, thereby necessitating the proposed amendment to the
above-referenced LDC section, which conflicts with recently adopted language in Article X.
The Planning and Zoning Board recommended approval of the proposed amendment on September 8, 2010.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2010-0-22; the Land Development Code text amendment to Article III
modifying Section 21-36.07 - Boat Docks and Slips.
ACTION REQUESTED:
. Motion to approve Ordinance 2010-0-22.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
x
PREVIOUS AGENDA ITEM:
YES_
NO
x
If so, DATE:
AGENDA ITEM #
Concurrence:
cYb&~~L~~U
Robin L. Matusick
Paraleg
ORDINANCE NO. 2010-0-22
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA, AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE), ARTICLE III (PERMITTED,
CONDITIONAL, ACCESSORY AND PROHIBITED USES),
SECTION 21-36.07 (BOAT DOCKS AND SLIPS);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION
AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. September 11, 2006, Council adopted Ordinance #2006-0-27 which amended and
restated Chapter 21 (Land Development Code) in its entirety.
3. The modification of Section 21-36.07 (Boat Docks and Slips) will bring this
section into compliance with Article X (Boat Slip Allocations).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A.
AMENDING CHAPTER 21 (LAND DEVELOPMENT
CODE), ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY AND PROHIBITED USES), SECTION 21-
36.07 (BOAT DOCKS AND SLIPS), OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending Section 21-36.07 (Boat Docks and Slips) of Article III (Permitted, Conditional,
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#2010-0-22
Accessory and Prohibited Uses) of Chapter 21 (Land Development Code) as set forth in Exhibit
"A" which are attached hereto and incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F.
ADOPTION.
After Motion to approve by
and Second by
, the
vote on the first reading of this ordinance held on September 27, 2010, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
After Motion to approve by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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#2010-0-22
PASSED AND DULY ADOPTED this
ATTEST:
Bonnie Wenzel
City Clerk
day of October, 2010.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this _ day
of October, 2010 under Agenda Item No.
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#2010-0-22
4
Exhibit "A"
ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES)
SECTION 21-36.07 (BOAT DOCKS AND SLIPS)
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#2010-0-22
SECTION 21-36 - ACCESSORY USE REQUIREMENTS
21-36.01- Purpose
This Section includes those accessory uses and detached structures that are subordinate to the
main use or building or located on the same lot. The term other accessory buildings shall
include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage
shed, garages, carports and the like.
21-36.02 - General Regulations
a. The principle permitted use must be built or permitted prior to a permit for an accessory use
is permitted.
b. All accessory uses, buildings and structures shall be located on the same lot as the principle
or permitted use.
c. No accessory use, building or structure shall exceed the height limit shown in that district.
d. Accessory buildings shall not be rented or otherwise used as a dwelling unit.
e. No accessory structure may be located within a public right-of-way or public easement.
f. All accessory structures are required to obtain a building permit.
g. No accessory structure may be located in any front yard in any zoning district.
h. Accessory buildings shall conform to the setback requirements described in Table V-I.
1. No accessory building may be located within any required parking area, landscape area or
storm water facility area.
J. Accessory buildings shall be limited to 2 per parcel.
k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property
lines.
21-36.03 - Outdoor Storage and Display: Commercial/Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and
display facilities where such storage is an accessory use and a part of normal operations on the
premIses.
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain
commercial and industrial districts as indicated in Table III-3. Such outdoor storage or
Rev 06/15/09 (LandDevelopmentCode) 111-19
display shall not be located adjacent to any residential district or use unless such storage or
display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas or access lanes.
c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
entering or leaving the site. Existing sites with a chain link fence may be enclosed with
slatting. New sites shall require stockade fencing or masonry wall.
d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials, which are subject to being scattered or blown about the premises by normal
weather conditi,Qlls, shall be contained by an adequate enclosure. No outdoor storage area or
building shall be located in a public right-of-way, utility or drainage easement.
e. Commercial outdoor display of merchandise may be permitted as an accessory use within the
required front, side or rear yard areas, providing that such outdoor display shall not be
located adjacent to a residential street.
f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet
(10') from the front and side comer property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
g. All display merchandise and related display equipment shall be removed at the close of
business each day. No outdoor display areas shall be permitted within required parking
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles,
driveway entrances or exits.
h. All unattended machines dispensing a product, with the exception of ice and water machines,
LP gas, newspaper machines (general circulation), shall be located indoors.
21-36.04 - Satellite Dishes and Antennas
The purpose of this Section is to control the location of satellite dishes and antennas in order to
allow their use without sacrificing property values. Telecommunication tower location and site
development standards are found in Article XII.
a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall
be considered accessory uses. All other such facilities belonging to companies whose
business involves the reception or transmissions of wireless communication signals shall be
considered commercial uses.
b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters
(approximately 36 inches) or less in diameter shall not require an installation permit.
Rev 06/15/09 (LandDevelopmentCode) 111-20
c. A satellite dish greater than 36 inches (36") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall be set back five feet (5') from side and rear lot lines or easements.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be
permitted in the front yard of any parcel.
f. The required setback shall be measured from the closest point of the outermost edge of the
antenna or satellite dish to the property line.
g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
21-36.05 - Places of Worship - Schools/Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at night
unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables, trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
21-36.06 - Boathouses
The following regulations shall apply to boathouses in all the R-I, R-2, R-3, R-4 and R-5
districts.
a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen
(15') feet from mean high water.
b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established
bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is
established, then the mean high tide watermark shall be used as the line of measurement.
Rev 06/15/09 (LandDevelopmentCode) 111-21
c. Accessory building attached to boathouse: No accessory building which is attached to a
boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from
the established bulkhead line. If a bulkhead line is not established, then the mean high water
mark shall be used as the line of measurement.
d. Detached accessory building to boathouse: A detached accessory building to a boathouse is
prohibited in the R-l, R-2, R-3, R-4 and R-5 residential districts.
e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in
width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in
depth measured at right angles to the established bulkhead line. If a bulkhead line is not
established, then the mean highwater mark shall be used as a line of measurement.
21-36.07 - Boat Docks and Slips
a. Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall
be permitted in accordance with Volusia County's Manatee Protection Plan in any residential
district as an accessory use to the residential use.
b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of
measurement.
b. Each lot of record with frontage along the Indian River shall be entitiCdtoone -(1) boat slip'
~ r- - .-----.
p~r...YQ!ill;ia Coun!y's Manf!~e protection Plan.
21-36.08 - Boats as Dwelling Units
No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy
and equipped with sanitary facilities that are either:
a. Connected to a public sewer system, or
b. Have a self-contained waste treatment system.
21-36.09 - Canopiesffemporary Carports and Tents/Gazebos
a. Owners of canopies/temporary carports and tents/gazebos shall be required to secure the
above objects so as to prevent them from becoming airborne or from leaving the property
where installed, as well as keep them in a good state of repair.
b. The below specifications are intended to be minimum only and are no indication or guarantee
of fitness for securing the temporary items covered under this Section. Quantities and sizing
will vary by the size of the item being secured.
Rev 06/15/09 (LandDevelopmentCode) 11I-22
1. All tie downs must be secured to solid, immoveable objects such as: mobile home
anchors, concrete driveways, buildings, etc., or as per manufacturer's installation
instructions or engineer's specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a
minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized
as per manufacturer's installation instructions or engineer's specifications.
3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down,
because attaching weight or other moveable objects to canopies/temporary carports and
tents/gazebos can cause those weights to be catapulted by wind lift.
c. Canopies/temporary carports shall be located in the driveway, immediately parallel to the
driveway, in the side yard or back yard, but at no time shall they extend over the property
line or into the public right-of-way. There shall be a limit of one such canopy/temporary
structure in the front setback/front yard area and shall be as far from the front property
line/street as the yard size or driveway permits. This location must not cause a safety
problem. No enclosing or side tarps will be allowed in the front setback/front yard area.
d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions.
e. Use of such canopies within the front setback/front yard, shall be limited to cover
automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers, campers and other motorized vehicles.
21-36.10 - Swimming Pools
a. Definitions
As used in this Article, the following terms shall have the respective meanings ascribed to them:
Residential swimming pool: Any swimming pool used or intended to be used solely by
the owner, operator or lessee thereof and his family, and by guests invited to use it
without charge or payment of any fee.
Swimming Pool: A body of water in an artificial or semi-public or private swimming
setting or other water-related recreational activity intended for the use and enjoyment by
adults and/or children, whether or not any charge or fee is imposed upon such adults or
children, operated and maintained by any person, and shall include all structures,
appurtenances, equipment, appliances and other facilities appurtenant to and intended for
the operation and maintenance of a swimming pool. This definition shall include
whirlpools, spas, and hot tubs unless separately identified and shall exclude 110-volt
plug-in Jacuzzi/hot tubs.
Rev 06/15/09 (LandDevelopmentCode) 111-23
Wading pool: Any pool with a surface area of less than two hundred fifty (250) square
feet and less than twenty-four (24) inches in depth at any point. Wading pools shall not
be required to comply with this Article.
b. Permit - Application; plans and specifications
1. Application: Before the erection, construction or alteration of any swimming pool has
begun, an application for a permit shall be submitted to the Building Official for
approval.
2. Plans and specifications: The application shall be accompanied by two (2) sets of full
and complete plans and specifications of the pool, including a survey of the lot showing
distance between buildings or structures and the distance from all property lines. Plans
must show method of compliance with the Pool Safety Act, F.S. 515.
c. Structural Requirements
1. General: All swimming pools whether constructed of reinforced concrete, pneumatic
concrete, steel, plastic or others, shall be designed and constructed in accordance with the
requirements of the Florida Building Code, 424 and accepted engineering principles.
d. Location
1. Front yard and side comer yard swimming pools are prohibited.
2. No swimming pool shall be constructed closer than five (5) feet from any building
without engineering, nor within any easement or ten (10) feet from any property line,
unless a Development Agreement or P.D.D. Agreement is established for the property.
e. Enclosures
1. All swimming pools, unless entirely screened in, shall be completely enclosed with a
fence or wall at least four feet (4') high, and so constructed as to not be readily climbable
by small children. All gates or doors providing access to the pool area shall be equipped
with a self-closing and self-latching device installed on the pool side for keeping the
gates or doors securely closed at all times when the pool area is not in actual use, except
that the door of any dwelling which forms a part of the enclosure need not be so
equipped, per Child Safety Act, F.S. 515.
2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down
cover shall be completely enclosed with a fence or wall at least four feet (4') high and so
constructed as to not be readily climbable by small children, and comply with the Child
Safety Act, F.S. 515.
Rev 06/15/09 (LandDevelopmentCode) 111-24
f. Filtration and recirculation system
All swimming pools shall be equipped with a filtering and recirculation system and such systems
shall be compliant with all applicable requirements as set forth by the American National
Standards Institute.
g. Electrical wiring
All electrical wiring must comply with the National Electrical Code (NEC).
h. Plumbing
When plumbing is connected to City service for water supply, all plumbing shall be in strict
accordance with the local plumbing code. When water is supplied from sources other than City
connected service to family pools, then plastic pipe stamped and approved one hundred (100) by
an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing
inspector.
1. Discharge water
Water being discharged from the pool or from the back flushing of the filtering system may be
discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other
approved method by the City. Discharge water may not be discharged into a sanitary or
combined sewer.
J. Rim height
The overflow rim of all swimming pools shall be a minimum grade above surrounding ground
level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool.
k. Walkway
A walkway of concrete or other approved materials shall surround all swimming pools from the
overflow rim outward a distance of three feet (3') for at least two-thirds (2/3) of the pool
perimeter and shall be so designed that water cannot drain from the walkway into the pool.
n. Overflow Skimmer
A beam overflow skimmer shall be required and be designed so that debris caught in it will not
be washed back into the pool by water movements.
Rev 06/15/09 (LandDevelopmentCode) 11\-25
8d
AGENDA REQUEST
Date: September 10, 20 I 0
PUBLIC
HEARING September 27.2010 RESOLUTION
x
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Resolution No. 20 I O-R-I 0
Authorizing the establishment of the City of Edgewater
Manatee Trust Fund
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Establish the City of Edgewater Manatee Trust Fund
BACKGROUND: The City has recently adopted Article X (Boat Slip Allocations) within the Land Development Code.
This article establishes regulations as to how the finite number of boat slips, as established by Phase II of the V olusia
County Manatee Protection Plan, is distributed.
The Edgewater Manatee Trust Fund is needed for collection and disbursement of monies derived from the boat slip
allocation standards set forth in Article X. This fund, in addition to Vol usia County's Manatee Trust Fund, will be
dedicated to assist in the implementation of enforcement, education and aquatic habitat conservation and restoration
activities designed to protect manatees on the Indian River.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 20 I O-R-I 0 establishing the City of Edgewater Manatee Trust Fund.
ACTION REQUESTED:
Motion to approve Resolution 20 I O-R-I O.
FINANCIAL IMP ACT:(Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
X
YES
NO
X
Re
AGENDA ITEM #
Concurrence:
~c-!0-oJa-Y~Jc)
Robin L. Matuslck
Paralegal
RESOLUTION NO. 2010-R-IO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEW A TER, FLORIDA AUTHORIZING THE
CREATION OF THE CITY OF EDGEWATER MANATEE
TRUST FUND; ESTABLISHING FUND ADMINISTRATION
WHICH PROVIDES FOR COLLECTION AND
EXPENDITURES; PROVIDING FOR CONFLICTING
PROVISIONS, AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City of Edgewater, Florida has made the following determinations:
1. The City of Edgewater has been involved with V olusia County and the State of
Florida Fish & Wildlife Conservation Commission (FWC) in furthering the Manatee Protection
Plan (MPP) for V olusia County.
2. Phase II of the Manatee Protection Plan sets forth framework for permitting of
boat slips along our waterways.
3. The City received approval from the State to utilize the "slip aggregation" option
which creates a level of service for the number of slips which resulted in 798 motorized slips
along our shoreline. Upon subtracting existing slips and residential parcels (of record as of
07/13/2005), there are 418 spaces available in the excess boat slip pool.
4. The City wishes to create the City of Edgewater Manatee Trust Fund; establish
fund administration which provides for collection and expenditures of the fund.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1.
Council hereby authorizes the creation of the Edgewater Manatee Trust
Fund; establishes fund administration and provides for the collection and expenditures of said
Fund as contained in Exhibit "A" which is attached hereto and incorporated herein.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
201O-R-10
After Motion to approve by
with Second by
the
vote on this resolution held on September 27,2010, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE
NAY
PASSED AND DULY ADOPTED this 27th day of September, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay,
Kundid & Birch
201O-R-IO
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of September, 2010 under Agenda Item No.
g
2
EXHIBIT" A"
MANATEE TRUST FUND
PURPOSE
The City of Edgewater Manatee Trust Fund shall be established separately and in addition to the
V olusia County Manatee Trust Fund to augment the City of Edgewater resources dedicated to
assist in the implementation of enforcement, education and aquatic habitat conservation and
restoration activities designed to protect manatees on the Indian River within its jurisdiction.
The following information establishes the basis and method the City will use to implement its
Manatee Protection Plan.
DEFINITIONS
Boat trailer space - a parking space associated with a boat ramp, marina or other water-related
facilities designed to accommodate a boat trailer and vehicle used to tow the trailer. Such space
must have direct access to the Indian River within the Edgewater municipal boundaries.
Commercial Slip - any slip, other than a Single-Family Residential Slip/Dock.
Dry dock/storage - a commercial storage space for a boat located out of the water but with direct
or adjacent access to the Indian River within the City of Edgewater municipal boundaries.
Single-Family Residential Slip/Dock - a single-family residential shall have the right and be
allocated no more than two boat slips for every single-family residential parcel along the Indian
River and built for the exclusive use of the owner of the parcel without applying for excess
slip(s). Parking facilities on such parcels shall not be counted as slips. A single-family
residential parcel may also include a fishing/observation pier.
Slip or Boat Slip - any space located on, adjacent to, or with direct access to the river, which
space is designed for the mooring or storage of motorized watercraft or a motor vehicle with
attached boat trailer. The term includes wet and dry mooring or storage spaces. The term
excludes any space designated exclusively for the mooring or storage of sailboats, and excludes
any space designated for transitory use only such as restaurant, bait shop, or fuel dock spaces.
Piers authorized only for fishing, or observation, are not considered wet slips.
Slip pool or excess Boat Slips - any slip that has not been previously allocated for single-family
residential purposes or allocated for existing non-residential slips and is within the maximum
number of permitted slips for the city. The number of available excess slips will make up the
slip pool. The allowance for powerboat slips to be aggregated as specific parcels within the City
of Edgewater municipal boundaries rather than evenly distributed. The slip pool is based on the
State approved total number of 798 allowable slips was subtracted by the number of existing
single- family parcels as of 07/13/2005 resulting in 418 excess boat slips in the slip pool.
2010-R-I0
3
Slip pool or excess Boat Slips allocation fee - a fee established by the City of Edgewater and
deposited in the Edgewater Manatee Trust Fund, is to be remitted to the City for each slip
allocated from the slip pool.
DESCRIPTION OF FUND
Trust Fund Revenue Sources:
a) Excess boat slip pool allocation fees collected for excess boat slip allocation shall be
deposited in the Edgewater Manatee Trust Fund. The fund will be separate from other
city funds and will be in addition to the mitigation grants received from V olusia County
pursuant to the Manatee Protection Plan.
b) All new or expanding boat facilities, with the exception of all presently inventoried
single-family residential slip/docks, must remit an excess boat slip pool allocation fee to
the City of Edgewater for each new or expanded slip.
c) The excess boat slip pool allocation fee will be established by Resolution of the City of
Edgewater City Council.
d) The slip pool allocation fee will be re-evaluated every two (2) years by the City of
Edgewater to determine whether the fee is still reasonable. Any adjustments deemed
appropriate will be recommended to the City Manager.
e) The City of Edgewater shall set up a Trust Fund for the collection of fees into the
Edgewater Manatee Trust Fund.
f) In addition to excess boat slip pool allocation fees, the City shall deposit all fees received
for the renewal of the Use Fee into the Edgewater Manatee Trust Fund.
g) Other sources of revenue such as fines, penalties, donations, grants, or other contributions
may be accepted and/or considered to match the intended use of the Edgewater Manatee
Trust Fund.
Trust Fund Expenditures:
a) The Edgewater Manatee Trust Fund will provide funding for projects and/or programs
that enhance or benefit the river basin and/or ecosystem, including but not limited to,
water quality enhancement, aquatic habitat conservation/restoration, increased
enforcement of manatee speed zones, manatee conservation and education and additional
equipment for on-the-water law enforcement efforts.
b) The Edgewater Manatee Trust Fund revenue may be used as matching funds for various
County, State and Federal grants.
2010-R-1O
4
c) All of the Edgewater Manatee Trust Funds generated from the excess boat slip pool
allocation fees will be eligible for expenditure immediately.
d) Expenditures from the Edgewater Manatee Trust Fund will be made in accordance with
the City of Edgewater budgeting and purchasing policy.
Fund Administration:
a) The Edgewater Manatee Trust fund will be administered by the City of Edgewater
Leisure Services Department and accounted for by the City of Edgewater Finance
Department.
b) The excess boat slip pool allocation application fee will be collected, along with the
V olusia County mitigation fee, prior to building permit issuance.
c) The renewal of the excess boat slip annual Use Fee will be due on October 1st of each
year following permit issuance.
d) Any excess boat slip pool allocation renewal fee that is not received within thirty (30)
days beyond the due date will receive a Notice of Violation requesting remittance of the
fee. If the renewal fee is not satisfied within thirty (30) days of issuance of the Notice of
Violation, the City of Edgewater may impose appropriate liens equivalent to the excess
boat slip pool allocation renewal fee and any additional filing and administration fees.
The lien shall be placed on the real property that the excess boat slip is assigned to.
201O-R-lO
5
~
'6~
AGENDA REQUEST
Date: September 27, 2010
PUBLIC HEARING
CONSENT
x RESOLUTION x ORDINANCE
OTHER BUSINESS_ CORRESPONDENCE
ITEM DESCRIPTION:
Approve Final Millage Rates for the City for Fiscal Year 2010-2011 pursuant to Resolution 201 0-R-14.
BACKGROUND:
Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Final
Millage rate prior to the adoption of a Final Budget.
STAFF RECOMMENDATION:
Staff recommends City Council approve Final Millage Rates for Fiscal Year 2010-2011 pursuant to Resolution
2010-R-14.
ACTION REQUESTED:
Motion to approve the Final Millage Rates for Fiscal Year 2010-2011.
FINANCIAL IMPACT:
(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
YES NO ~
AGENDA ITEM NO.
Concurrence:
~r')
Robin Matusick
Parale I
RESOLUTION 2010-R-14
A RESOLUTION OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA, ADOPTING FINAL MILLAGE
RATES FOR THE CITY FOR FISCAL YEAR 2010-2011;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida Statutes, including Section 200.065, provide that the City
Council shall adopt a final millage rate prior to the adoption of a final budget; and,
WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value
of property within the City of Edgewater as $685,099,203 and has certified a rolled-back rate of
$7.7048 per $1,000 of taxable value for the City of Edgewater; and
WHEREAS, October 1, 2010 is the commencement of the fiscal year for the City of
Edgewater; and
WHEREAS, on September 13, 20 I 0, a public hearing was held on the tentative millage
rate of $6.591 mills for fiscal year 2010-2011 and all persons desiring to voice objection or make
comment upon said millage rate were given an opportunity to do so; and
WHEREAS, on September 27,2010, a public hearing was held on the final millage rate
of $6.591 for fiscal year 2010-2011 and all persons desiring to voice objections or to make
comment upon said millage were given an opportunity to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEW A TER:
Section 1:
That the City Council of the City of Edgewater, Florida, deems it
necessary to levy and does hereby levy a tax of $6.591 mills upon all real and personal property,
railroads, telegraph and telephone lines within the City of Edgewater for operational purposes
and $0.0475 mills for Voted Debt Service.
Section 2:
The operating levy of $6.591 mills represents a (17.45%) change from the
rolled-back rate.
Section 3:
The Voted Debt Service levy of $0.0475 mills based on the sale of the
Limited General Obligation Note Payable in 2005.
2010-R-14
Section 4.
This Resolution shall become effective immediately upon passage and
adoption.
After Motion for approval by
and Second by
the vote on this Resolution was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra .J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
PASSED AND DULY ADOPTED this 2ih day of September, 20 1 O.
ATTEST: APPROVED:
CITY OF EDGEW A TER, FLORIDA
By:
Bonnie Wenzel, City Clerk Mike Thomas, Mayor
(Seal)
Robin L. Matusick, Paralegal
For use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held this 2ih day of
legality by: Carolyn S. Ansay, Esquire September, 20 1 0 under agenda Item No. _'
City Attorney
Doran, Wolfe, Ansa)' & Kundid
2010-R-14
2
I .
I '
~f
".
t
AGENDA REQUEST
Date: September 27. 2010
PUBLIC HEARING x RESOLUTION x ORDINANCE
CONSENT OTHER BUSINESS_ CORRESPONDENCE
ITEM DESCRIPTION:
Approve Final Budget and providing for appropriations for Fiscal Year 2010-2011 pursuant to Resolution
2010-R-15.
BACKGROUND:
Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Final
Budget after the Final Millage.
STAFF RECOMMENDATION:
Staff recommends City Council approve the Final Budget for Fiscal Year 2010-2011 pursuant to Resolution
2010-R-15.
ACTION REQUESTED:
Motion to approve the Final Budget for Fiscal Year 2010-2011.
FINANCIAL IMPACT:
(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
YES NO X
AGENDA ITEM NO.
Concurrence:
~~~-D
Robin Matusick
Paralegal ~
~~
cey rldW
~ nager
-
..
.
RESOLUTION 20IO-R-IS
A RESOLUTION OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA, ADOPTING THE GENERAL
FUND, ENTERPRISE FUNDS, AND ALL OTHER
RELATED FUNDS BUDGETS AND THE CAPITAL
IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR
2010-2011; PROVIDING FOR APPROPRIATIONS;
PROVIDING SEVERABILITY AND FOR AN EFFECTIVE
DATE.
WHEREAS, the City Manager of the City of Edgewater has recommended an annual
budget for the next ensuing fiscal year beginning October I, 2010 and ending September 30,
2011; and
WHEREAS, a notice of public hearing on said budget was duly published; and
WHEREAS, a public hearing was held on September 13,2010, after having first adopted
a tentative millage rate for the City for the Fiscal year 2010-2011, to consider the tentative
budget and all persons desiring to voice objection or make comments upon said budget were
given an opportunity to do so; and
WHEREAS, within five days after due public advertising, a Public Hearing was held to
finalize the budget on September 27, 2010; and
WHEREAS, a public hearing was held on September 27, 2010, after having first adopted
a final millage rate for the City for the Fiscal year 2010-2011, to consider the final budget and all
persons desiring to voice objection or make comments upon said budget were given an
opportunity to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY
Section 1: That the City Council of the City of Edgewater, Florida pursuant to the
Charter of the City of Edgewater and Chapter 166, Florida Statutes, does hereby adopt the
attached General, Enterprise and all other related Fund Budgets and Capital Improvements
Program which may later be amended by the City Council.
Section 2.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
2010-R-15
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 3.
This Resolution shall become effective immediately upon passage and
adoption.
After Motion for approval by
and Second by
the vote on this Resolution was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
PASSED AND DULY ADOPTED this 2ih day of September, 2010.
ATTEST: APPROVED:
CITY OF EDGEW A TER, FLORIDA
By:
Bonnie Wenzel, City Clerk Mike Thomas, Mayor
I (Seal)
Robin L. Matusick, Paralegal
For use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held this 2ih day of
legality by: Carolyn S. Ansay, Esquire September, 2010 under agenda Item No._.
City Attorney
Doran, Wolfe, Ansa)' & Kundid
20IO-H.-IS
2
"
,
TENTATIVE SUMMARY OF FUNDS
REVENUES AND EXPENSES FY 2010 - 2011 REVENUES EXPENDITURES
001 - GENERAL FUND $ 12,197,558 $ 12,197,558
105 - ANIMAL SERVICES $ 245,759 $ 245,759
113 - LAW ENFORCEMENT BLOCK $ 2,000 $ 2,000
114 - GRANTS FUND $ 1,730,688 $ 1,730,688
115 - SPECIAL LAW ENFORCEMENT TRUST FUND $ 77,502 $ 77,502
116 - TRANSPORTATION IMPACT FEE $ 209,153 $ 209,153
117 - POLICE IMPACT FEE FUND $ 137,888 $ 137,888
118 - FIRE IMPACT FEE FUND $ 220,095 $ 220,095
119 - RECREATION IMPACT FEE $ 75,745 $ 75,745
205 - I & S DEBT SERVICE FUND $ 30,915 $ 30,915
220 - DEBT SERVICE $ 700,000 $ 700,000
331 - CAPITAL PROJECTS FUND $ 2,978,449 $ 2,978,449
440 - WATER & SEWER $ 8,853,510 $ 8,853,510
442 - WATER DEVELOPMENT $ 587,622 $ 587,622
443 - SEWER DEVELOPMENT $ 674,887 $ 674,887
444 - RENEWAL & REPLACEMENT $ 1,376,153 $ 1,376,153
445- WATER & SEWER RATE STABILIZATION $ 536,117 $ 536,117
447 - REFUSE $ 3,274,221 $ 3,274,221
448 - STORMWATER OPERATING $ 1,296,047 $ 1,296,047
449 - STORMWATER CAPITAL $ 312,750 $ 312,750
501 - MIS $ 340,058 $ 340,058
502 - FLEET $ 731,381 $ 731,381
503 - LOSS FUND $ 355,916 $ 355,916
504-FULLYINSUREDINSURANCE $ 2,085,103 $ 2,085,103
505 - WORKERS COMPENSATION $ 224,010 $ 224,010
TOTAL ALL FUNDS $ 39,253,527 $ 39,253,527
r
~8
AGENDA REQUEST
Date: September 27, 2010
PUBLIC
HEARING
x
RESOLUTION
x
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution No. 2010-R-16; modifying administrative fees to the Schedule of costs/fees relating to the City
of Edgewater Code of Ordinances, which includes Chapter 19 (Utilities) and other administrative fees and
costs.
BACKGROUND:
At the budget Workshops held on August 16th and 30th, 2010 staff provided a presentation of the Fiscal
Year 2011 budgets. Based on this presentation of budget to Council, staff was instructed to bring a
resolution back to Council for formal action that incorporated the charges for services, penalties and fees
that the Fiscal Year 2011 budget is based on.
STAFF RECOMMENDATION:
Staff recommends adopting Resolution No. 2010-R-16 modifying administrative fees to the Schedule of
costs/fees relating to the City of Edgewater Code of Ordinances, which includes Chapter 19 (Utilities) and
other administrative fees and costs.
ACTION REQUESTED:
A motion to approve Resolution No. 2010-R-16.
FINANCIAL IMPACT:
(Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
If so, DATE:
YES
NO
YES NO
AGENDA ITEM #
Re ectful submitted, \
II1lt---.
nathan C. McKinney
inance Director
_ Concurrence:
C'~~C-)
Robin L. Matusick
Paralegal
RESOLUTION NO. 2010-R-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, MODIFYING THE SCHEDULE OF FINES,
FEES, COSTS AND/OR PENALTIES AND VARIOUS ADMINISTRATIVE
FEES RELATING TO THE CITY OF EDGEWATER CODE OF
ORDINANCES; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
-h 1. During 20062, Council adopted Resolution No. 20026-R-27Q4 which
incorporated various fees/costs, surcharges and administrative costs/fees relating to the Code of
Ordinances, Land Development Code and various administrative costs/fees.
2. From time to time, the City has modified/restated the Schedule of Fines, Fees,
Costs and/or Penalties to be consistent with all fees related to City charges.
3. The Schedule of Fines, Fees, Costs and/or Penalties (which is attached hereto and
incorporated herein as "Exhibit "A") is being restated in its entirety to reflect annual
modifications and incorporate other various charges.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Modifying the Schedule of Fines, Penalties, Costs and Various Fees.
Pursuant to the Code of Ordinances and Land Development Code, the schedule of fines,
fees, costs and/or penalties and administrative fees as set forth in Exhibit "A", attached hereto
and incorporated by reference, is hereby established/modified and restated.
Section 2.
Conflictine Provisions.
All resolutions or parts of resolutions m
conflict are hereby repealed.
Section 3.
Severabilitv and Applicabilitv.
If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person, property, or circumstances, such holding shall not affect
its applicability to any other person, property, or circumstance.
Section 4.
Adoption and Effective Date.
The effective date of this Resolution
shall be upon adoption.
After Motion for approval by
and Second
, the
vote on this resolution was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
PASSED AND DULY ADOPTED this _ day of September, 2010.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Bonnie Wenzel
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: Carolyn Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of September, 2010 under Agenda Item
No.8
CHAPTER 1 (GENERAL PROVISIONS)
EXHIBIT "A"
SECTION 1-8 -(GENERAL PENALTY; CONTINUING VIOLATIONS)
CITY OF EDGEW A TER
SCHEDULE OF FINES, FEES, COSTS AND/OR PENAL TIES
THE FOLLOWING CAPTION RELATES TO ALL CITATIONS ISSUED BY THE CITY OF
EDGEWATER POLICE DEPARTMENT, ANIMAL CONTROL OFFICE OR OTHER
ASSOCIATED CITY DEPARTMENT AUTHORIZED TO ISSUE CITATIONS:
The amounts shown in this Schedule include additional costs pursuant to Chapter 938, Florida Statutes
($3.00 Teen Court)
. If there is a conflict between the amount established by this and the amount shown on the Notice
to Appear, the lesser amount shall control.
. The fine for any City Code or Ordinance violation not specifically listed shall be classified as a
Class I offense and shall result in the applicable civil fine thereto.
. Add to all fines, fees, costs and/or penalties as shown, the following:
Add additional $15.00 to the amount shown ifpaid late, but before a capias issues.
Add additional $25.00 to the amount shown ifpaid after a capias issues.
Add additional $80.50 to the amount shown if paid after a capias is served.
. Clerk of Court - Associated Fees/Court Costs
All citations that are not paid directly to the City of Edgewater prior to the citation being
delivered to the Clerk of Court for processing, may be charged an additional court costs
charged by the Clerk of Court. Charges as follows:
o An additional ten dollars ($10.00) above the citation amount, as may be amended
by the Clerk of Court from time to time (charged to the City of Edgewater for
Clerk of Court processing), and
o An additional ten percent (10%) above the citation amount (Clerk's fee), as may
be amended by the Clerk of Court.
2010-R-16
3
Chapter 21 (Land Development Code)-
Pursuant to Section 21-121.05 (Classification of Violations and a Schedule of Civil Fines,
Penalties and/or Costs) of Article X (Code Compliance Process), Chapter 21 (Land
Development Code), the following is hereby established in the following schedule.
Any violation of any of the following provisions shall be classified and shall carry the
corresponding civil fine prescribed in section 21-121.05. Any offense that is not specified shall
be classified as a Class I offense and shall result in the applicable civil fine thereto.
Classification of Violations and Civil Fines
The following classifications of violations and corresponding civil fines shall be as
follows:
Classification
Class I
Class II
Class III
Class IV
First Offense
$ 75.00
$ 150.00
$ 300.00
Mandatory Court Appearance
Each Repeat Offense
$ 150.00
$ 300.00
$ 500.00
SCHEDULE OF CIVIL FINES
Table I
Code of Ordinances
Chapter Statutorv Title Classification/ Issuim!
and/or Reference Fines Authoritv
Section and Costs
Chapter Advertising Signs I CO/PD
3
Chapter Alcoholic Beverages, except I PD
4
4-2 ~562.14 Sale only from licensed II PD
premises (Unlawful sale of
alcoholic beverages)
4-4 ~877.03 Improper conduct upon II PD
~856.011 licensed premises (Disorderly
4-5 ~562.14 Hours of sale (Alcoholic II PD
beverages)
4-8 Closing restrictions II PD
4-9 Set-ups II PD
4-11(a) Possession of open containers II PD
in a public place
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4-1 I (b) ~316.1936 Possession of open containers II PD
in vehicle
Chapter Animal Services, except I ACO/PD
5
5-4 Interfering with Animal III ACO/PD
Control Officer
5-18 ~828.08 Poisoning or Trapping of III ACO/PD
Animals
5-19 ~828.12 Cruelty to Animals III ACO/PD
~828.13
5-60 Dangerous Dogs III ACO/PD
Unprovoked biting, attacking or IV
wounding of a domestic animal ACO/PD
Destruction or loss of property IV
Chapter Boats, Docks and I PD
6 Watenvays, except
6-31 ~327.53 Marine sanitation II PD
Chapter Building and Construction, I Or twice the
7 Fire Safety, except amount of the
building permit
fee, whichever is
greater
Sections within the Code that II
identify a specific penalty
which may be greater than fine
Chapter Health, Sanitation, Property I
10 Maintenance and Code
Enforcement
except
10-6 Abandoned airtight containers II CO/PD
ARTICLE Noise Pursuant to CO/PD
II. Sec. 10-28
Sec. 10- Penalties
22 - 10-
28
10-169 Unsafe Structure II CO/PD
10-172 Unlawful Structure II CO/PD
I 0-1 73 Prohibited occupancy II CO/PD
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10-215 Enclosures (Swimming Pools, II CO/PD
Spas and Hot Tubs)
10-322 Electrical System Hazards II CO/PD
Chapter Business Tax Receipts and II
11 Business Regulations
11-2 License required; issuance II CO/PD
(Doing business without
occupational license )
11-27 ~538.04 Pawnbrokers, secondhand III CO/PD
dealers - Records of
transactions of pawnbrokers
11-63 Registration - Required III CO/PD
(Peddlers/so I ic itors/itinerant
merchants, permit required)
11-68 Loud noises and speaking III CO/PD
devices (Sale by use of
vehicle/noise in right-of-way)
Chapter Offenses and Miscellaneous I PD
12 Provisions, except
12-2 ~800.03 Display of genitals, women's III PD
breasts, prohibited at certain
commercial establishments
(SexualconducUexposurein
alcoholic beverage
establishments)
12-4 ~790.l5 Discharge of firearms, II PD
weapons
12- 77 ~800.03 Prohibited activities (Exposure II PD
of breast in public place)
Chapter Parks and Recreation I CO/PD
12.5
Chapter Streets and Sidewalks, I
15 except
15-2 ~316.2035 Display or storage of goods II CO/PD
~316.2045 restricted (Obstructing street
or sidewalk)
15-5 Excavations in streets - Permit II CO/PD
required
Chapter Traffic, except I PD
17
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6
17-42 ~316.1955 Handicap parking II PD
~316.1957
~316.1958
~316.1959
Chapter Utilities and Services, except I CO/PD/ESD
19 Environmental Services Designee
("ESD")
19-3 Unlawful connections III COIPD/ESD
19-22 Tampering with meters, tap, II CO/PD/ESD
etc., unlawful
19-25.1 Cross Connections- II CO/PD/ESD
Requirements
19-33 Unauthorized connections III CO/PD/ESD
prohibited
19-37 Making or maintaining II CO/PD/ESD
connections for disposal of
certain substances prohibited
19-41 General discharge prohibitions II CO/PD/ESD
19-45 Specific pollutant limitations II COIPD/ESD
19-66 Builders, building contractors II CO/PD/ESD
and privately employed tree
trimmers and tree surgeons
19-67 Transporting and disposing of II CO/PD/ESD
garbage and trash
The Sections listed below
relating to misuse of potable,
well or reclaimed/reuse
water by any person who
does not contest a citation
shall be fined the following:
15t Offense Warning Notice
2nd Offense Class I
3 rd Offense Class II
4th Offense Class III
5th Offense Mandatory Court
Appearance
19-90 Levels of water conservation See list above CO/PD/ESD
and water shortage (Violation
of watering times)
19-91 General restrictions on water See list above CO/PD/ESD
use
19-123 Required use of reclaimed See list above CO/PD/ESD
water system
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19-124 Limitations on use of See list above CO/PD/ESD
reclaimed water
19-126 Ownership and maintenance See list above CO/PD/ESD
of reclaimed water system
19-127 Prohibited activities and See list above CO/PD/ESD
biennial inspections
Chapter Vehicles for Hire, except I CO/PD/ESD
19.5
19.5-6 Business Tax Receipt and II CO/PD/ESD
Certificate o(Use required for
business
19.5-12 Public liability insurance II CO/PD/ESD
required
19.5-28 Issuance and contents of II PD
permits
Chapter Land Development Code CO
21
Article Permitted, Conditional, I CO
III Accessory and Prohibited
Uses, except
21-37.01 Code specific CO
thru
21-37.08
Article Resource Protection I CO
IV Standards, except
21-41.03 Permit required (Wetland III CO
alteration)
Article Site Design Criteria, except I CO
V
21-53.02 Storm water Management II CO
Requirements, Permit
Authority
21-55.02 Tree Protection Requirements, II CO
Tree Removal Permit required
Article Sign Regulations I CO
VI
Article Applications Procedure I CO
IX
21-102 Mining Permits Only III CO
Article Reserved
X
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8
Article Telecommunication Towers I CO
XII
Article Subdivisions I CO
XIII
Article Historic Preservation II CO
XIV
Article Fire and Hazard Prevention I CO
XVI
SECTION 1-9-
(ADDITIONAL COURT COST FOR LAW ENFORCEMENT
EDUCATION)
Section 1-9(a): Court Costs pursuant to Section 318.18(ll)(b), Florida Statutes: $3.00
Criminal Justice Education pursuant to Section 938.15, Florida Statutes: $2.00
Section 2-6 Dishonored check policy
$25.00 or 5% whichever is greater
CHAPTER 5 (ANIMAL SERVICES)
SCHEDULE OF FEES AND CIVIL PENALTIES
FEES
Section 5-21. Disposition of dead animals
$20.00
Section 5-31. Licenserrag Required
(a)
Fee
(1) Sterilized animal
(2) Unsterilized animal
Duplicate tag
Administrative fee
$12.50
$22.50
$ 7.00
$ 2.50
(b)
(c)
Section 5-36. Breeding and Kennels
Annual Breeder Permit Fee with required Inspection
Additional re-inspection Breeder facility fee
$150.00
$ 50.00
Section 5-41. Disposition of impounded animals
Initial intake, registration, etc.:
Each additional day:
$35.00 - 1 st day fee
$15.00/per day
Surcharge for unlicensed animals
$10.00
Section 5-60(e).
Dangerous animal registration
(a)
(b)
Sterilized animal
Unsterilized animal
$100.00
$150.00
2010-R-16
9
Section 5-70(h):
Animal Control Surcharge pursuant to Section 828.27(4)(b),
Florida Statutes.
$5.00
ANIMAL CONTROL - MISCELLANEOUS FEES
Emergency Call-Out Fee - 31.60 per hour (minimum call-out of 3 hrs)
Fee is for emergency call-out after normal business hours for an animal control officer to
respond to a call.
Return to Owner Fee's (Fee assessed for animals returned to owner prior to being impounded)
(a)
(b)
Licensed
Unlicensed
$10.00
$20.00
ANIMAL SHELTER - MISCELLANEOUS FEES
Adoption Fee:
Cat
Dog
$60.00 *base charge
$60.00 *base charge
* The base charge may be increased or decreased based on shelter staffs evaluation of animal
and/or other veterinary and associated expenses.
Animal Microchipping Fee (including National registration)
$30.00 base charge
Boarding Charges: Initial intake, registration, etc.:
Each additional day:
$35.00 - 151 day fee
$15.00/per day
CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE
ENFORCEMENT)
Section 10-97. Lien Against Property
Section 1O-97(d):
Lien Inquiry/Reports:
$30.00/parcel
Cap for Civil Fines
A fine shall not accrue in an amount over five thousand dollars and nolI 00 ($5,000.00). Once a
fine reaches the amount of the cap, the City may take the following actions:
1) file a civil suit against the property owner(s);
2) place a lien against the property; or
3) cure/correct the violation and then place a lien on the property.
CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS)
ARTICLE III. FALSE ALARMS
Section 12-62. Alarm Permit Required
$50.00
Section 12-66. False Alarms - Service Charges
Police Department -
151 False Alarm - (in excess of 3 in any 6 month period)
2010-R-16 10
$50.00
2nd False Alarm - (in excess of 3 in any 6 month period)
3rd False Alarm - (for the 3rd & each successive false alarm in excess
of 3 in any 6 month period)
Fire/Rescue Services
1 sl False Alarm - (in excess of 3 in any 6 month period)
2nd False Alarm - (in excess of 3 in any 6 month period)
3rd False Alarm - (for the 3rd & each successive false alarm in excess
of 3 in any 6 month period)
$75.00
$100.00
$125.00
$150.00
$200.00
CHAPTER 19 (UTILITIES AND SERVICES)
SCHEDULE OF COSTSIFEES
Section 19-2. Depositsmr..wcerc~~dl't;mrsflr1f~:
The utility deposits are kept in a non-interest bearing account. The city shall retain the deposit
until a request for termination of service is received. At such time the deposit amount shall be
applied to the final bill. Any amount remaining shall be returned to the customer. Upon written
request, a customer may request that a credit refund in the amount of the utility deposit be given
after establishment of 36 successive months of good credit.
Residential service:
~inilfireSi:ae1ffi.ol'a~~&H1~mgl~raimIKwJ.ana~'t'.it"..iamil1~Ji;esiience~pe:'ni1mt-j
Water service only.......................................................... $ 75.00
Sewer service only.......... .................. ............. ......... ........ $ 75.00
Water and sewer service................................................. $150.00
Non-residential service...................... Three times average monthly water, sewer and
reclaimed service charge.
Service charge! (to establish account ~anSfeF..k0ilSenvfce4S):
$ 25.00
Restoration from termination of service for potable and/or reclaimed water:
during normal working hours $ 30.00
after hours (during work week) $ 75.00
weekendslholidays $100.00
Payment plan administration:
$ 25.00
Section 19-12. Water Connection fees:
See Section 21-325.07 for amounts specified for various water connection fees.
Section 19-14. Water Rates:
Residential ~ N0ij;~R~sidentia1
$ ~:3~ fJf9:~ base rate
f:4!i ~';'S:S/1 ,000gal.
~ ~.09/1 ,000gal.
~ 1:t:8J/1,000gal.
5:85 ~.2d/1 ,000gal.
up to 2,000 gal.
2,000 to 6,000 gal.
6,000 to 12,000 gal.
12,000 and higher
Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding
2010-R-16 11
connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by
applicable State Statutes, whichever is greater.
County and City Interlocal Water and Wastewater Agreement
Pursuant to an Interlocal Water and Wastewater Agreement executed on October 26, 1999, the
City provides wholesale water service to the County with the County- ~rovidi_holesale
wastewater service to the Ci~ Rates to be charged are mm1~S:;{p-%t;sJan~ gteeme-m
mlrclY.0ilffiesequelitfaIIfenmne-'h
~b'&r~r~a~~Iml!iiiCrj:;ase!aimoo~i; ~~~~
Extraordinary service calls:
Meter bench test - there shall be a fifty dollar ($50.00) service charge for a customer request of a
meter test for accuracy. The first test, if deemed necessary, may be waived by the
Environmental Services Director. If the meter is found to be inaccurate, this charge will be
voided.
Extraordinary service calls outside of regular maintenance, shall require a fifty dollar ($50.00)
charge; for example, locating the meter when covered during sodding or filling on the property.
Actual replacement costs shall be charged for meter damage caused by building or construction
on the property or other causes.
The required commercial backflow device testing shall be conducted by the City at required
intervals for a fee of fifty dollars ($50.00) per inspection and billed on the utility bill after
inspection.
Section 19-34. Sewer Connection Charge:
Sewer Connection Charge:
$ 165.32
Section 19-35. Sewer Rates:
Sewer Rates:
$ l!. I1rFl~g1' base rate
$ ~~., M<9~11 ,000 gallons
Charges outside the City limits shall be in an amount equal to the equivalent charge for a
corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as
allowed by applicable State Statutes, whichever is greater.
Section 19-50. Industrial Pretreatment Program Fees
Industrial Pretreatment Program Initial Permit Fee:
Industrial Pretreatment Program Annual Permit Fee:
$50.00
$25.00 (includes annual inspection)
Industrial Pretreatment Program: Inspection Fees:
$25.00
2010-R-16
12
Section 19-60. (Solid Waste) Service charges and rates
A. Residential Refuse Services: all residential services include single family and multi-
family residence; multiple dwelling; trailer park and mobile home park and shall be
charged the following:
$20.15 per month for collection and disposal t;eil'i:inil
In addition to the fees listed above, each location that has more than three (3) cans for
pickup shall be charged an additional $3.00 per can.
B. Non-Residential Refuse Services: non-residential services include all types of business,
commercial and professional establishments and shall be charged the following:
$22.65 per month for collection and disposal ~1
In addition to the fees listed above, each location that has more than three (3) cans for
pickup shall be charged an additional $3.00 per can.
C. Recycling Rates: All recycling which includes, but is not limited to: residential, non-
residential for all types of business, commercial and professional establishments:
$ 2.50 per month for collection and disposal pe'il'tlifll
D. Special Pickups: Special pickups of non-bundled yard trash will be assessed a $45.00
minimum charge for up to four (4) cubic yards. Each additional cubic yard will be charged
$11.50.
Section 19-82/19-83. Stormwater management utility fee/Schedule:
Charges per EDU will be eight dollars ($8.00) per month consists of a base fee of $4.40 per EDU
applicable to all developed properties, plus an assessment fee of $3.60 per EDU applicable to all
developed property. All non-residential property with site mitigation facilities will not pay the
assessment fee.
Section 19-97. Water Conservation Violation - Civil Penalty
If there is a disconnection of reclaimed water service due to water conservation restrictions
and/or violations, each customer will be assessed a thirty dollar ($30.00) re-connection fee for
services.
Section 19-130. Reclaimed Monthly Residential Customer Charge:
City Council enacted the "Increase Reclaim Customer Initiative" by the adoption of Resolution
#2009-R-24 on September 28, 2009. Adoption of this resolution authorized the abatement of
reclaimed water impact fees for a one (1) year period, adjusting the connection fee, reducing the
reclaim water rates and authorizing a monthly payment plan for new connections. The one (1)
year period begins on October 1, 2009 and terminates on September 30, 2010 unless otherwise
stipulated by Council anch5utsuantlttoi-CouncfIaeiion1aken on Septeinoer 27. to 1 d.
2010-R-16
13
Base Rate (0 20,000 gallons) $ 9.50
20,00 I 30,000 gallons $ 0.60/1 ,000
30,001 + gallons $ 1.20/1,000
=:~~
I ".lIaeSl O.
Initiative Rate
Base Rate (O~,OOO gallons) $9.50
21,0011- 3~,000 gallons $0.31/1,000
3~,001 + gallons $0.42/1,000
Chapter 19 - NJiiscelraWOOlis,~
~ Delinquency fee:
~;;;:i':"~Pi~mren:tipTa:n~
At the discretion of the City a payment plan may be established for accounts that are currently
disconnected or have a past due balance greater than three hundred dollars ($300.00). The
monthly payment plan shall be for a period of no longer than six months and will be in addition
to the normal monthly utility bill. There will be no waiver/reduction of the accrued delinquency
charges tCIDienflY~<"noF;~:'di'SC~cff.e:e''t$':3~O:C)o~ and an additional administration fee of
$25.00 will be charged for setting up and administering the payment plan. Upon establishment
of the payment plan, agreement by the customer and receipt of the first payment then service can
be restored. If a customer fails to complete the payment plan in full, the City shall be entitled to
take all legal action permissible, including but not limited to, delivering the underlying utility
lien to the county court for enforcement and/or forwarding this matter to a collection agency to
secure payment.
Annual Review/Increase:
rhere~.vill; bc,~anfulnuat'~iflpl:~e,;ot:~an ".feeslrutes'.:1isted" nerein:{~\'iHerrates, se';/ei"f~es ;iilld
.. ~.-~" ., ,t ,.."t' l '....~ ;~.f' ,~ d~\:: ~~~~,1!'-'~~",. /' .~, ~:.~ ';;:"'~':"-,J -~ , , " . ~ '~)A~' ,~: ~ , '" <' '1_ ,l
r~~:::~:[";~~~ ~~~:~~ ~:'~9"ase~ Qn:~the, qEJi',("L)J::~tJrQan Uses,~ o~1.1;1ly) Df
!h:..fu:.~pe.ri.~Bt (:lli1 whfchcxci:iklcss. ~8aid iIierease willflJkc effe..ctoh October 1 of eaCh y~
iIbere willt5e" an annual increase'{of atl~fees/iafes risted[.herein~fof water,rates and sewer fees witIt
the iiicrease: based'on Citv 'Co-uncirdirection ie~eived August 3'0. 2&tO as follows~
2010-R-16
fiscal Year 2011 - 6%1
14
~
!li1se-OM"e~
!BfseatR~jJt4f}!;!
-
~ann'1ialbeMf~Wsem.ees!lMImmAm:er.e_
ZEier:~IR'tlexif'dtiiOOi~~JMelpeleent~~~~e.veAess]
~T_Baanl'ami1mf~iitsrffliHliWareJf~sW'~uall~aselVJifllmlJaSedremtlre"il@Rl
~ae~m"~JmBWI~elpeI!eentf~~~etll!S1l~
8ii~iirer.ease(lS!~~11~eVefffeCtl"0'iiI@)~1RiIfi'ea~~
UTILITIES AND SERVICES - MISCELLANEOUS FEES
WATER and SEWER
Reserved Capacity
Not connected within twelve (12) months
of readiness to serve: Water
Sewer
Monthly Base Fee
$
$
$
, . ,J month
Vmonth
--.i.!month
Assessment District when water or sewer is deemed to be available:
Water $ ~....~a ~~. in City
"\<i\~
Sewer $ i. R~j<t'8~ in City
Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding
connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by
applicable State Statutes, whichever is greater.
~-c~""
;~'c:'~-'i~~~:~]!~-'
.. ..-:- ~,. c~ .>t..~,~ - ~ .
~ .1
CHAPTER 21 (LAND DEVELOPMENT CODE)
ARTICLE III.
Section 21-34.05
b.
Permitted, Conditional, Accessory, and Prohibited Uses
Vehicles - Restoration & Permits - For Residential Properties
Application fee: $50.00
Restoration permit: $25.00 annual
renewal
c.
ARTICLE IX.
Section 21-90.03
Application Procedures
Application Fee Schedule
201O-R-16
15
DEVELOPMENT FEES
PLANNING & ENGINEERING, APPROVALS & PERMITS
APPLICATION FEES:
Abandonment/Plat Vacation (Easement)
Abandonment/Plat Vacation (Right-of-way)
Address (1st - ten addresses)
Address (11 th _ 20th addresses)
Address (21st - 50th addresses)
Address (each additional address after 50)
Annexation (residential 4 lots or less)
Annexation (all others)
Appeals
Comprehensive Plan Amendment
$ 500.00
$2,000.00
$ 25.00 per address - new
$ 15.00 per address - new
$ 10.00 per address - new
$ 5.00 each - new
$ 500.00
$1,000.00
$ 500.00
Large Scale $4,000.00
Small Scale $3,500.00
$1,000.00
$2,500.00
$15,000.00
$ 300.00
$ 300.00 plus fees for any
approvals bundled with agreement
$ 200.00
$ 300.00 includes two inspections
$ 25.00 re-inspection
Preliminary Record Plat and Construction Plan Approval
Final Plat $3,000.00
Re-Plat $ 500.00
Preliminary Plat $2,000.00
Site Plan Approval (minor-staff review only) $2,200.00
Site Plan Approval (major-P&Z/Council review) $2,700.00
Special Activity $ 300.00 per day
Stormwater Permits $50.00 per acre or $250.00 whichever is greater
Stormwater Plan Review $2,100.00
Stormwater - Residential $ 50.00*
* (other than approved subdivisions)
Street Name Change $ 175.00
Telecommunication Towers $1,000.00
Text Amendment to Land Development Code $6,000.00
Variance (administrative) $ 100.00
Variance (1 & 2 family residence, non-habitable structure) $ 150.00
Variance (all others) $ 500.00
Vested Rights Determination $2,300.00
Wetland Alteration Permit $ 100.00
Zoning Agreement Amendment $2,300.00
Zoning/Land Use Designation Letter $ 50.00
Zoning Alcoholic Beverage Signoff $ 50.00
Zoning Map Amendment
Planned Unit Development (PUD) $8,500.00
Other $6,500.00
Conditional Use Permit
De-annexation
Development of Regional Impact (DRI) - Application
DRI - Determination of Substantial Deviation
Zoning Agreements
Mining Permits
Minor Replats/Lot Splits
2010-R-16
16
*Engineering, Recording, Legal Fees, Surveying and Arborist (if applicable) shall be paid by the
applicant.
* Any additional charges required by the City relating to administration, building
or permitting shall be born by the applicant. These fees may include, but are not
limited to: engineering, recording, legal, advertisements, surveying and arborist
(if applicable).
DEVELOPMENT FEES
CONSTRUCTION PERMITS
BUILDING PERMIT FEES
Building valuations shall be as per the latest issued building valuation published in the Building
Safety Journal by the International Code Council.
Application Fee (non-refundable)
1 &2 Family Residences
Mobile Homes
Commercial
$200.00
$ 50.00
$400.00
TOTAL VALUATION
FEE
$1,000 and less
$40.00 MINIMUM
$1,000 to $40,000
$40.00 for the first $1,000.00, $6.00 for each
additional thousand or fraction thereof, to
and including $40,000.00.
$40,000 to $100,000
$274.00 for the first $40,000.01 plus $4.00
for each additional thousand or fraction
thereof, to and including $100,000.00.
$100,000.01 to $500,000
$510.00 for the first $100,000.01 plus $3.00
for each additional thousand or fraction
thereof, to and including $500,000.00.
$500,000.01 and up
$1,707.00 for the first $500,000.01 plus
$2.00 for each additional thousand or
fraction thereof.
DEMOLITION FEES
For the demolition of any building or structures, the fee shall be:
$0.15 per square foot of building under roof/footprint
DRIVEWAY PERMITS
$50.00 includes one inspection
$25.00 re-inspection
ELECTRICAL FEES
Before a permit is issued for any electrical work or installation for which a permit is required,
fees in accordance with the table below shall be paid.
2010-R-16 17
Base $ 40.00 250 Amp $ 80.00
100 Amp $ 50.00 300 Amp $ 95.00
125 Amp $ 60.00 400 Amp $ 125.00
150 Amp $ 70.00 Temporary Pole $ 40.00
200 Amp $ 75.00 Swimming Pools $ 40.00
Signs $ 40.00
EXCA V A TIONILANDFILL
Placement or removal of 40 cubic yards or less
Placement or removal over 40 cubic yards
$ 50.00
$100.00
FENCE PERMIT
$40.00 for 1st
$1,000.00 of value.
$6.00 for each
additional $1,000.00.
FIRE PROTECTION FEES
Pre-engineered hood system/other pre-engineered
Fire sprinkler system
Base
Standpipe
Head
Fire alarm system
Base
Pull station
Detection device
$ 50.00
$ 20.00
$ 10.00 each
1.00 each
$ 20.00
$ 5.00 each
$ 5.00 each
GAS PERMIT FEES
Base
Per outlet charge
$ 40.00
$ 5.00
MANUF ACTURED/MOBILE HOME PLACEMENT
Base
Electrical
Plumbing
Mechanical
$250.00
$ 40.00
$ 40.00
$ 40.00
Double Wide
Triple Wide
$275.00
$300.00
MECHANICAL PERMIT FEES
Before a permit is issued for any mechanical work or installation for which a permit is required,
a fee or fees, in accordance with the table below, shall be paid.
Base up to $1,000.00
$ 40.00
Each additional
$1,000 or fraction
thereof $ 7.00
MOVING FEES
For the moving of any building or structure, the fee is as follows:
Building 1,000 square feet or less
Building over 1,000 square feet
OTHER USE PERMIT - Working in Public Right-of-Way
2010-R-16 18
$200.00
$400.00
$ 50.00
PLUMBING PERMIT FEES
Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a
permit is required, a fee or fees, in accordance with the table below, shall be paid.
Fee for permit
Per fixture charge
Fire sprinkler system connected to City
water supply
Fire stand pipe lines, Siamese, roof
manifold lines
Each outlet, sprinkler head
Sprinkler or irrigation system
$40.00
5.00
7.00
2.00
1.00
$25.00
SIGN PERMIT FEES
Each application for a sign permit for a sign containing no electrical wiring or lighting shall be
accompanied by a fee in the amount of twenty dollars ($20.00) for the first five (5) square feet,
or fraction thereof, of the advertising display area of the sign and two dollars ($2.00) for each
additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or
lighting, there shall be an additional fee as required by the Edgewater Electrical Code.
STORMW A TER CONSTRUCTION PERMIT $50.00 per unit for residential
$250.00 or $50.00 per acre for commercial projects (whichever is greater)
$25.00 re-inspection fee
SW ALE MODIFICA TION/EXFIL TRA TION SYSTEM
$50.00 (includes one
inspection)
$25.00 re-inspection fee
SWIMMING POOL FEES
Residential Pools:
Pools without enclosure
Pools with enclosure
$ 100.00
$ 150.00
Commercial Pools:
Pools without enclosure
Pools with enclosure
Above Ground Pools:
$200.00
$250.00
$ 40.00
TEMPORARY PERMIT FOR ST AGE/PLA TFORMIBLEACHER/ETC.
TENT
$50.00
$50.00
TREE REMOVAL PERMITS:
SPECIMEN $25.00 per 1 & 2 family lots
$75.00 per multi-family & non-residential
HISTORIC $5.00/square inch
PENAL TIES
Any person who commences any work on a building structure, fence, sign, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits, shall be subject to a
penalty of 200% of the usual permit fee in addition to the required permit fees.
2010-R-16
19
REINSPECTION
At any time building inspection personnel are obligated to reinspect any building or premises,
mobile home lot or mobile home within the City to ascertain compliance with the codes as
adopted by the City regarding building, electrical, plumbing, mechanical, gas, storm water
systems and other, a reinspection fee of twenty-five dollars ($25.00) shall be levied for said
reinspection and increases of twenty-five dollars ($25.00) shall be added for each additional
reinspection.
AFTER HOUR INSPECTION (Inspections requested of city inspectors beyond normal
working hours. After hour inspection fees from consultants/engineer will be based on fees
established by said consultant/engineer): $50.00 per hour with a 2-hour minimum.
LIFE SAFETY PLANS-CHECKING FEE
When plan and associated documents require additional plan checking by Fire-Rescue personnel,
the following fees shall be assessed:
Fire flow calculation
Building Construction
Fire alarm system
Fire sprinkler system
Fuel tank installation
Underground fuel tank
All others
$25.00
$0.35 per $1,000 of valuation, max. $92.00
$4.00 per $1,000 of valuation, max $92.00
$4.00 per $1,000 of valuation, max $92.00
$4.00 per $1,000 of valuation, max $118.00
$4.00 per $1,000 of valuation, max $116.00
$35.00 base plus $4.00 per $1,000 of value
*Engineering Fees shall be paid by the applicant
* All Recording Fees shall be paid by the applicant
* Any additional charges required by the City relating to
administration, building or permitting shall be born by the
applicant. These fees may include, but are not limited to:
engineering, recording, legal and surveying.
Plans Review for Buildings: New Construction, and Renovation; Fees
A fee for plan review shall be charged to recover a portion of the costs of this service. This fee
shall be calculated by building use, as found in the Florida Building Code, and shall be
calculated on the basis of square footage. This fee shall be paid at the Edgewater City Hall at the
time of submission of the planes). The fees shall be as follows:
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
(i)
ffi
Exception:
Assembly
Business
Educational
Factory/Industrial
Hazardous
Institutional
Mercantile
Residential
Storage
Mixed
$0.0025/sq.ft.
$O.OOllsq.ft.
$0.0025/sq.ft.
$0.005/sq.ft.
$0.0075/sq.ft.
$0.0025/sq.ft.
$O.OOI/sq.ft.
$0.0025/sq.ft.
$0.002/sq.ft.
This section with the highest level of
life safety risk shall determine the
rate for the entire building
Reviews of an automatic fire suppression systems plans protecting an
entire building(s) and its contents, and installed in accordance with the
20
2010-R-16
requirements of the appropriate N.F.P.A. Standard, shall be exempt from
plans review fees charged in the previous sections.
Specialty Plan Review Fees
A fee for planes) review of unusual or atypical projects shall be charged to recover a portion of
the costs of this service. Examples of these types or structures or projects would include, but not
be limited to: fuel tank farms, outdoor materials storage, etc. The fees will be calculated as
follows:
1.
$0.0025 per square foot of improved area
~][~~i;';;, " ''''~Ri~:9BWfS1iiWAimcruOi1
DE
ARTICLE XVI. Fire and Prevention - Section 21-230.03
Bum Permits $75.00
ARTICLE XVII. Development/Impact Fees
21-310.04 - Pedestrian System Development Fee Schedule
PEDESTRIAN SYSTEM DEVELOPMENT FEE SCHEDULE
Street/Roadway Minimum Pedestrian/Sidewalk Development Fee Per
Classification Width Linear Foot
Local 4 feet $10.36
Collector 5 feet $12.96
Arterial 6 feet $15.55
21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule
Determination of the bond amount and the tree replacement contribution shall be computed
based upon the most current version of the Guide for Plant Appraisal, published by the
International Society of Arboriculture.
2010-R-16
21
21-311.05 - Payment in Lieu of Tree Replacement
Payment shall be $5.00 per square inch of required mitigation in lieu of tree replacement.
21-320.03
Recreational Parks and Open Space Impact Fee Schedule
RECREATIONAL PARKS AND OPEN SPACE IMP ACT FEE SCHEDULE
LAND USE TYPE FEE AMOUNT
RESIDENTIAL
Single Family Detached
2 Bedroom or less $ 571.84
3 Bedroom $ 612.11
4 Bedroom or more $ 757.09
Single Family Attached
2 Bedroom or less $ 378.55
3 Bedroom or more $ 676.55
Multi-Family
2 Bedroom or less $ 434.92
3 Bedroom or more $ 716.81
Mobile Home
1 Bedroom or less $ 298.01
2 Bedroom $ 451.03
3 Bedroom or more $ 636.27
Hotel or Motel
Per Room $ 459.09
21-321.03 - Fire Protection and EMS Impact Fee Schedule
FIRE PROTECTION AND EMS IMP ACT FEE SCHEDULE
I Land Use I Development CallslUnit Net Net
Unit Cost/Call CostlUnit
Single-Family/Mobile Dwelling/Unit/ 0.200 $1,652.53 $330.51
Home/Hotel Room
Multi-Family Dwelling 0.087 $1,652.53 $143.77
R/V Park Pad Site 0.00 $1,652.53 0.00
Retail/Commercial 1,000 sq.ft. 0.146 $1,652.53 $241.27
Offi ce/lnstitutional 1,000 sq.ft. 0.1 00 $1,652.53 $165.25
Industrial/Warehouse 1,000 sq.ft 0.007 $1,652.53 $ 11.57
2010-R-16
22
21-322.03 - Police Impact Fee Schedule
POLICE IMP ACT FEE SCHEDULE
Land Use Development Functional Net Net
Unit Unit Cost CostlUnit
Single-Family/Detached * Dwelling 1.46 $92.32 $150.66
Single- Family/Attached Dwelling 1.08 $92.32 $111.45
Duplex! Apartment! Dwelling 0.97 $92.32 $100.10
Condominium
Mobile Home or R/V Park Pad Site 0.80 $92.32 $ 82.55
Hotel/Motel Room 2.21 $92.32 $228.06
Retail/Commercial 1,000 sq.ft. 3.25 $92.32 $335.38
Offi ce/lnsti tutional 1,000 sq.ft. 1.96 $92.32 $202.27
IndustriallWarehouse 1,000 sq. ft. 1.16 $92.32 $119.72
* Includes mobile homes on single lots.
21-323.03 - Transportation/Road Impact Fee Schedule
TRANSPORT A TION/ROAD IMP ACT FEE SCHEDULE
ITE Use Unit Trip Trip 0/0 New FEE PER
Code Rate Length Trips unit (or)
1,000 s.f.
Residential
210 Single Family DU 9.21 4.53 100.00 $1,426.17
220 Apartment DU 6.46 4.77 100.00 $1,053.97
230 Residential DU 5.94 3.45 100.00 $701.46
Condominium/Townhouse
240 Mobile Home Park DU 4.86 3.32 100.00 $551.95
310 Hotel Rooms 8.72 4.78 72.65 $1,035.53
320 Motel Rooms 6.28 3.47 77.63 $577.48
620 Nursing Home Beds 2.65 2.00 88.50 $160.17
2010-R-16
23
Office and Financial
610 Hospital 1,000 sf 15.78 3.92 81.60 $1,727.69
710 Office under 10,000 sf 1,000 sf 19.45 4.18 93.62 $2,602.02
710 Office over 10,000 sf 1,000 sf 12.72 4.04 94.35 $1,658.47
714 Corporate headquarters 1,000 sf 7.72 3.37 93.00 $826.49
building
720 Medical Office 1,000 sf 36.48 3.72 87.70 $4,067.95
750 Office Park 1,000 sf 15.01 5.63 82.00 $2,367.76
760 Research Center 1,000 sf 7.11 4.77 87.00 $1,007.14
770 Business Park 1,000 sf 16.87 4.69 81.80 $2,212.37
911 Bank w/out Drive-through 1,000 sf 153.98 1.71 35.80 $3,219.60
912 Bank w/Drive-through 1,000 sf 291.04 1.83 51.52 $9,364.76
Industrial
110 Light Industry 1,000 sf 6.98 4.68 93.20 $1,039.78
130 Industrial Park 1,000 sf 8.26 4.99 92.00 $1,295.11
140 Manufacturing 1,000 sf 3.82 4.68 93.60 $571.06
150 Warehouse 1,000 sf 4.95 4.59 92.00 $717.14
151 Mini-Warehouse 1,000 sf 2.52 2.99 93.20 $240.02
Retail
812 Building Materials and 1,000 sf 32.88 4.16 69.80 $3,263.20
Lumber Store
2010-R-16
24
816 Hardware/Paint Store 1,000 sf 51.29 6.56 74.00 $8,504.85
820 Retail, less than 10,00 sf 1,000 sf 144.40 1.39 51.25 $3,505.39
820 Retail, 10,000 - 99,999 sf 1,000 sf 73.50 1.47 60.50 $2,237.32
820 Retail, 100,000 - 1,000,000 sf 1,000 sf 27.67 2.17 84.00 $1,722.18
820 Retail, Greater than 1,000,000 1,000 sf 29.18 2.81 86.00 $2,407.73
sf
831 Quality Restaurant 1,000 sf 95.63 2.22 77.80 $5,642.08
821 High-Turnover Restaurant 1,000 sf 148.84 2.11 75.35 $8,089.22
834 Fast Food Restaurant 1,000 sf 552.12 1.43 58.04 $15,708.53
CBC Sandwich Shop 1,000 sf 19.30 4.05 100.00 $2,674.51
836 Bar/Lounge/Drinking Place 1,000 sf 130.34 3.17 72.00 $10,177.50
837 Quick Lube Bays 41.69 2.56 71.13 $2,592.89
840 Auto Care/Detailing 1,000 sf 35.76 2.39 74.32 $2,169.54
841 New and Used Car Sales 1,000 sf 37.20 3.21 78.80 $3,215.15
847 Car Wash 1,000 sf 129.60 1.66 69.00 $5,066.84
849 Tire Store/Auto Repair Bays 30.55 2.09 70.70 $1,544.99
850 Supermarket 1,000 sf 112.18 1.67 53.00 $3,401.67
851 Convenience Store 1,000 sf 755.56 1.02 40.66 $10,727.68
853 Convenience Store w/Gas 1,000 sf 793.28 1.18 28.63 $9,169.39
Pumps
Convenience Store w/Gas 1,000 sf 940.20 1.91 32.67 $20,027.14
Pumps and Fast Food
2010-R-16
25
862 Home Improvement Store 1,000 sf 38.13 3.09 50.00 $2,013.84
881 Pharmacy/Drugstore w/Drive 1,000 sf 89.89 1.74 41.33 $2,203.72
Through
890 Furniture Store 1,000 sf 4.81 4.06 59.12 $395.00
Recreational
General Recreation Parking 3.02 4.43 95.00 $434.17
Space
411 City Park Parking 14.23 2.84 96.67 $1,334.59
Space
412 Major Park Parking 2.11 4.05 100.00 $292.40
Space
416 Campground/R V Park Space 3.90 4.55 77.00 $466.58
420 Marina Slip 2.97 5.77 94.67 $555.20
Major Sports Facility Parking 2.10 3.63 100.00 $260.85
Space
Miscellaneous
444 Movie Theater Screens 124.48 1.89 82.12 $6,593.92
560 Church 1,000 sf 9.11 2.97 90.00 $832.20
565 Day Care 1,000 sf 75.13 1.55 73.32 $2,914.99
Airport Hanger 1,000 sf 4.96 8.36 92.00 $1,303.30
Veterinary Clinic 1,000 sf 32.80 1.77 70.00 $1,389.24
21-325.01 - Water Capital Charges
A water capital charge is hereby established at ~7;9o-6A4 per gallon of potable water capacity or
$1 ,612.43 (one thousand six hundred twelve dollars and 43/1 00) per equivalent residential unit
(ERU). Those persons, corporations or entities who or which have entered into an agreement
with the City providing credits against the water connection fee shall be exempt from paying this
water capital charge.
2010-R-16
26
21-325.06 - System Design; Independent Engineers; City's Engineer
Fees for the City Engineer's review/comments on engineering plans relating to all system design
shall be borne by each developer. Said developer shall pay all costs incurred for review and
comments related to said review.
21-325.07 - Meter Installation and Connection Fees
METER INSTALLATION AND CONNECTION FEES
FEE TYPE AMOUNT
Reclaimed Meter Installation Fee $ 650.00
Meter Installation Fee 3/4 inch $ 556.96
Meter Installation Fee 1 inch $ 724.05
Meter Installation Fee 1.5 inch $ 946.84
Meter Installation Fee 2 inch $1,519.40
turbine meter
Meter Connection Fee 3 inch $1,936.01
turbine meter
Meter Connection Fee 4 inch $3,751.71
turbine meter
Meter Connection Fee 6 inch $4,126.00
turbine meter
Meter Connection Fee 8 inch $7,024.44
turbine meter
Meter Connection Fee 10 inch $9,907.29
turbine meter
Meter Installation Fee 2 inch $2,234.55
compound meter
Meter Connection Fee 3 inch $2,860.57
compound meter
Meter Connection Fee 4 inch $4,504.73
compound meter
Meter Connection Fee 6 inch $8,285.41
compound meter
21-325.08 - Inspection Fees
All facilities proposed for transference to the City for ownership, operation and control shall be
inspected to insure all construction/installation was in accordance with approved designs,
Standard Construction Details, etc. Inspection fees shall be borne by each developer with all
costs being reimbursed to the City as determined by the City's consulting engineer.
2010-R-16
27
21-325.12 - Water Capital Charges for Consumers Outside City Limits
All consumers located outside the corporate limits of the City shall be charged the applicable
water capital charges required to be paid by all City residents along with a twenty-five percent
(25%) surcharge as allowed by applicable State Statutes.
21-327 Sewer Capital Charges
A sewer capital charge is hereby established at $~ 1R(ij~~ per gallon of wastewater capacity or
$2,226.69 (two thousand two hundred twenty six dollars and 69/1 00) per ERU. Those persons,
corporations or entities who or which have previously prepaid the existing sewer capacity
charges shall be exempt from paying this sewer capital charge (i.e. Florida Shores assessment
area).
For the purpose of calculating and imposing non-residential water and sewer capital charges, the
following ERU conversf!1ion ratios may be utilized as a reference:
I WATER & SEWER CAPITAL CHARGES I
I ESTABLISHMENT I UNIT I ERU FACTOR I
Residential:
Single-family detached per dwelling unit 1.0
Duplex (1-2 bedrooms) per dwelling unit 1.0
Duplex (greater than 2 bedrooms) per dwelling unit 1.0
Multi-family (efficiency) per dwelling unit 1.0
Multi-family (1-2 bedrooms) per dwelling unit 1.0
Multi-family (greater than 2 bedrooms) per dwelling unit 1.0
Mobile home (1-2 bedrooms) per dwelling unit 1.0
Mobile home (greater than 2 bedrooms) per dwelling unit 1.0
Commercial:
Shopping center & retail shopping per 1,000 sq.ft. gross 0.5
Office building (add food service & retail space) per 1,000 sq.ft. gross 0.4
Auditorium per seat 0.02
Laundry, self-service per machine 1.4
Barberlbeauty shop per operating station 0.333
Bowling alley per lane 0.333
Theater per seat 0.02
Dinner theater per seat 0.1
Trailer Park (overnight) per space 0.833
Dentist's office per dentist 1.0
2010-R-16
28
Dentist's office per wet chair 0.667
Doctor's office per doctor 1.0
Hospital per bed 0.833
Nursing home per bed 0.5
Automotive service and/or detailing facility per bay 1.0
Automotive care per wash bay 3.2
Automotive care per public restroom 1.5
Convenience store/self service gas pumps per public restroom 1.5
Industrial building
(not including food service of industrial waste
flows)
Without showers per 1,000 sq. ft. 0.4
With showers per 1,000 sq.ft. 1.25
Hotel or motel per room 0.5
(not including food service, banquet and
meeting rooms, and laundries calculated
separately)
Church per seat 0.02
Warehouse per restroom 0.75
per 1,000 sq.ft. 0.2
Per 1,000 sq.ft. 0.75
Grocery store per 1,000 sq.ft. gross 0.75
Food service:
Restaurant/cafeteria per seat 0.1
Restaurant (24 hours) per seat 0.185
Restaurant (fast food) per seat 0.1
Bar/cocktail lounge per seat 0.1
Schools, middle & high per student 0.075
Schools, elementary & nursery per student 0.033
I RECLAIMED WATER IMP ACT FEE I
TYPE OF DEVELOPMENT FEE AMOUNT
All types _(waived per 2009-R-24)
2010-R-16
29
21-327.06 - System Design; Independent Engineer; City's Engineer
Fees for the City Engineer's review/comments on engineering plans relating to all system design
shall be borne by each developer. Said developer shall pay all costs incurred for review and
comments related to said review.
21-327.07 - Inspection Fees
All facilities proposed for transference to the City for ownership, operation and control shall be
inspected to insure all construction/installation was in accordance with approved designs, etc.
Inspection fees shall be borne by each developer with all costs being reimbursed to the City as
determined by the City's consulting engineer.
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits
All consumers located outside the corporate limits of the City shall be charged the applicable
sewer capital charges required to be paid by all City residents along with a twenty-five percent
(25%) surcharge as allowed by applicable State Statutes.
CITY OF EDGEW A TER
ADDITIONAL ADMINISTRATIVE FEES/COSTS
1. R~0~:ft
...~. LEISURE SERVICES
Ballfield without lights
Ballfield with lights
Rental Fees
$35.00 per hour
$65.00 per hour
*** Note - Programs operated by the Leisure Services Department are seasonal,
therefore, fees for events and other programs will be set by staff of the Leisure
Services Department based on the event/program costs.
Rental of ball fields for school activities may be negotiated between both parties to
provide a serviceable rate.
lJ. 'MJS~EI:;~~E(9:mSiFEES;
Storage fee -
$1 0;'6rn per'aa~
Ifhis fee is foi;,an'. item"aT>anabnea:~found ,and'lorJ;rocate~ofIkCit . ri t~of-wa f 'oi
l"li"'-'-; t ~-~'-'~t"'''' liJ.', ,'"'" ~l'i, C'm~"~' N'" q.-r x~~;..,:... :...r<'. '~l\("'~';:;" ': ..rJt" 1i_: '":~). .
easemenUrreaS th'atmave'~Been;remo.vea:~lby tIle @itY cilidstoreQ bv the City caoes
hot include forfeiturelihipooifament ~fee)'J
2010-R-16
30
~ ~. POLICE DEPARTMENT
Funeral/Miscellaneous Escorts
Outside Details/Security
Fingerprinting
$100.00 per escort
$ 56.00 per officer per hour (includes vehicle)
$ 10.00 for two cards or less
$ 10.00 each additional
Jl
~~ FINANCE DEPARTMENT
Garage/Yard Sale Permit Fees $ 5.00 per request, maximum of two per year
If permit is obtained after the Garage/Yard Sale, the fee is double the original permit fee
Payments made by telephone $ 5.00 per transaction for any City payments
(utilities, building permits, licenses, etc)
4 ~. CITY CLERK
PUBLIC RECORDS POLICY
It is the policy of the City of Edgewater that all municipal records, '?lith the exception of
exempted records identified pursuant to ~ 119.07, Florida Statutes, shall be open for personal
inspection by any person.
"Public rccerds" means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to la'.'.', ordinance, or in
connection with the transaction of official businesses by the City (~119.011(1), F.S.).
Pursuant to ~119.07(1)(a), Florida Statutes, "every person vlho has custody of a public record
shall permit the record to be inspected and examined by any person desiring to do so, at any
reasonable time, under reasonable conditions, and under supervision by the custodian of the
public record or the custodian's designee."
For the purpose of this policy, "reasonable" time to provide access to public records is during
normal business hours Monday Friday, 8:00 a.m. 1 :30 p.m.. "Reasonable" time frame to
provide copies, dependent upon the 'Iolume of records requested, shall be five (5) worldng days.
Note: This is not to assume that a "minor" request f"Dr records should be delayed until the end of
the fifth working day. Any records/documents kept in off site storage shall require an additional
time frame for delivery of said records/documents.
Upon request, the City will furnish copies of public records based on the f"Dllovl'ing fce schedule:
Peddfers/S61icitors. CallviiS-sers~ana$1firlel'ant ~~rcl1anis, 'i.&"" e ::~~
$28.94P-eEWipp!icatron
~iscellaRe0ns charges for",c0pies1
Single-sided copies, up to 8 12" x 14"
Double-sided copies, up to 8 12" x 14"
Single-sided copies, up to 11" x 17"
Double-sided copies, up to 11" x 17"
Larger size copies
Certified copy of a public record
.15 each
.20 each
.50 each
.75 each
Based on actual cost of duplication
$1.00 per page in addition to actual
copy cost
2010-R-16
31
Duplicate CD or DVD (citizen provided)
Duplicate audio tape $5.00
Duplicate CD or DVD $5.00
Duplicate audio tape (citizen provided tape) No charge unless extensive clerical
assistance is required
No charge unless extensive clerical
assistance is required
Based on actual cost of duplication
Based on actual cost of duplication
$1.00 per faxed page
Duplicate video tape
Reprints of photographs
Facsimile Transmission
Note: Additional charges will be added to cover the cost of postage and packaging if necessary.
~ 119.07(1 )(b), Florida Statutes, provides: "If the nature or volume of public records requested to
be inspected, examined, or copied is such as to require extensive use of information technology
resources or extensive clerical or supervisory assistance by personnel of the agency involved, or
both, the agency may charge, in addition to the actual cost of duplication, a special service
charge, which shall be reasonable and shall be based on the cost incurred for such extensive use
of information technology resources or the labor cbst of the personnel providing the service that
is actually incurred by the agency or attributable to the agency for the clerical and supervisory
assistance required, or both."
For the purpose of this policy, "extensive clerical or supervisory assistance" is determined to be
requests that require more thOR ORe hour of OR employee's time to research, retrieye and copy
the requested records. For public records requests requiring more than one hour, the requester
':/ill be required to pay the hourly salary of the employee doing the research, copying the records
and/or supervising the requester's research. This hourly fee '."ill begin after the first hour of
clerical or supervisory assistance is completed. for requests estimated to require more than one
hour of a City employee's time, a minimum deposit of $25.00 will be required (deposit will be
adjm;ted depending on the 'Iolume of records/research requested). The deposit 'Nill be applied to
the final cost of the public records request.
I.ny requestor of public records who submits a request for records to be delivered by facsimile
transmission shall be informed that the charge for the records/documents '."ould be the normal
charges listed herein (which would cost less per page) versus the charge for facsimile
transmission.
Cash, personal check (on a local bank), money order, credit card, debit card or certified check
shall be paid prior to the delivery of the requested materials. ,\11Y check, money order, or
certified check shall be made payable to the "City of Edgewater".
2010-R-16
32
qQ
AGENDA REQUEST
EDB-APT-RL
Date: Sept. 7, 2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT Sept 20, 2010 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for appointment to the Economic Development Board to fill an expiring term.
BACKGROUND:
Mr. Robert Lott whose term is expiring on September 27,2010, is seeking reappointment.
STAFF RECOMMENDATION:
The Economic Development Board recommendations that Mr. Lott be reappointed for additional 3-
year term on the Board.
ACTION REQUESTED:
Motion to reappoint Mr. Robert Lott for 3-year terms on the Economic Development Board.
FINANCIAL IMPACT: (Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
YES
NOX
If so, DATE:
AGENDA ITEM #
Respectfully submitted,
Concurrence:
\6sno-
C;..~
Patricia Drosten
Economic Development Board Coordinator
Robin L. Matusick
Paralegal
P Drosten
From:
Sent:
To:
Subject:
Robert LoU [rwloU@cfl.rr.com]
Wednesday, September 01, 2010 3:20 PM
P Drosten
EDB term expiration
Pat,
Would you please pass my request for re-appointment on to council and the City Manager.
Edgewater Council,
I currently sit on the Board of Economic Development for the City of Edgewater and have enjoyed the privilege of
serving my community through this very active group. My term is set to expire 9/27/2010 and I would very much like to
continue my service. We have a varied and active group and have been successful in recruiting very dedicated board
members. Working with staff and volunteer citizens we have developed a very progressive program of work and I would
very much enjoy the opportunity to continue in this good work.
Please consider my re-appointment.
A very proud citizen,
Ro bert Loti
2112 S Riverside Drive
Edgewater FL 32141
386-689-8973 Cell
1
IDa..
AGENDA REQUEST
Date: September 15,2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS 9/27/2010
ITEM DESCRIPTION: Authorization to extend the Increase Reclaim Customer Initiative as set forth in Resolution
2009-R-24.
BACKGROUND: On September 28, 2009, City Council adopted Resolution 2009-R-24 authorizing the Increase Reclaim
Customer Initiative to encourage residents to connect to the reclaimed water service. This resolution abated the impact
fee, adjusted the connection fee and reduced the reclaimed water rates for a one-year period. This resolution also
authorized Staff to utilize a monthly payment plan for new reclaimed water connections if requested by residents at the
time of application.
The initiative proved beneficial in encouraging connections to the reclaimed water system. Since October 1,2009, through
August 31, 2010, forty (40) new connections have been installed and four (4) have been disconnected. This compared to
fiscal year 2008 when there were only eight (8) new connections and one (1) disconnection proves this was a positive
program.
This resolution will terminate on September 30,2010, unless Council authorizes an additional time period.
ST AFF RECOMMENDATION: Staff recommends extending the Increase Reclaim Initiative one year to terminate on
September 30, 2011, unless Council authorizes an additional time period.
ACTION REOUESTED: Authorize an extension to the Increase Reclaim Initiative as set forth in Resolution 2009-
R-24 to
1. Abate reclaimed water impact fees,
2. Adjust the connection fees,
3. Reduce the reclaimed water rates, and
4. Authorize Staff to utilize a monthly payment plan.
FINANCIAL IMPACT: (Finance Director)
UDGET AMENDMENT IS REQUIRED)
\
YES
NO XX
PREVIOUS AGENDA ITEM:
If so, DATE:
YES NO XX
AGENDA ITEM #
~~ny submitted,
I ~1/I2L~
Brenda L. Dewees
Director of Environmental Services
Concurrence:
Gt~~~~~
Robin L. Matusick
Paralegal
RESOLUTION NO. 2009-R-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; ENACTING THE "INCREASE
RECLAIM CUSTOMER INITIATIVE" BY AUTHORIZING THE
ABATEMENT OF RECLAIMED WATER IMPACT FEES FORA
ONE (1) YEAR PERIOD, ADJUSTING THE CONNECTION FEE,
REDUCING THE RECLAIM RATES AND AUTHORIZING A
MONTHLY PA YMENTPLAN FOR NEW CONNECTIONS;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater wishes to encourage our residents to utilize the reclaimed
water system in an effort to reduce the effluent discharge in the Indian River by endorsing the "Increase
Reclaim Customer Initiative"; and
WHEREAS, the City feels that by authorizing the abatement ofreclaimed water impact fees for a
one (1) year period, adjusting the connection fee and reducing the reclaimed water rates would encourage
the reduction in use of potable water and increase reclaimed water connections; and
WHEREAS, the City also wishes to authorize Staff to utilize a monthly payment plan for new
reclaimed water connections if requested by residents at the time of application.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1. The City Council hereby authorizes the abatement of the reclaimed water impact fees
for a one (1) year period. This period would begin on October 1,2009 and terminate on September 30,
2010 unless Council authorizes an additional time period.
Section 2. The City Council hereby authorizes the adjustment of the connection feeJor a one (1)
year period. This period would begin on October 1, 2009 and terminate on September 30, 2010 unless
Council authorizes an additional time period.
Section 3. The City Council authorizes the reduction in reclaimed water rates pursuant to Exhibit
"A" (which is attached hereto and incorporated herein). The reduction ofmtes would begin with billings
after October 1, 2009 and terminate on September 30, 2010 unless otherwise stipulated.
. Section 4. The City Council hereby authorizes Staff to utilize a monthly payment plan for new
2009-R-24
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reclaimed water connections if requested by residents at the time of application. This payment plan will
be in accordance to the policies and procedures set forth by the Finance Department.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 6. This resolution shall take effect upon adoption.
After Motion by r oW"\{\ \.\ rro.n C'...cx::p1.\" with Second by ColJ(\~ i \ wOIVIClf\K'notl...s the vote on
this resolution was as follows:
AYE
NAY
Councilman Ted Cooper
'K
y..
v..
X
X
Mayor Michael Thomas
Councilwoman Debra 1. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet E. Rhodes
PASSED AND DULY ADOPTED this 28th day of September, 2009.
ATTEST:
RIDA
~Cj ) li'locnoQ.
Bonn.i~~ ",e!l~el
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i Eor th'e'use' and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
~A':v~---t-)
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 28th day of
September, 2009 under Agenda Item No. sL.
2
2009-R-24
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AGENDA REQUEST (AMENDED)
Date: September 27. 2010
PUBLIC HEARING
CONSENT
RESOLUTION ORDINANCE
OTHER BUSINESS..L- CORRESPONDENCE
ITEM DESCRIPTION:
State Revolving Fund (SRF) Loan Agreements DW640501 and DW640511 for the Water Supply Wells and
Southeast Water Storage and Pump Station.
BACKGROUND:
The City submitted an application for request for inclusion on funding of the Southeast Water Storage And Pump
Station to the Florida Department of Environmental Protection (FDEP) State Revolving Fund (SRF) program
because the American Recovery & Reinvestment Act (ARRA) had allocated funding of water and wastewater
improvements. This project was chosen because of the need of additional water storage in the southeast
quadrant of the utility service area and the desire of the Federal Government to have shovel ready projects. The
City of Edgewater is eligible for 85% principal forgiveness, which means the loan repayment will only be for 15%
of the total construction of the project. Repayment will be made over 20 years.
These loans are part of Resolutions 2009-R-33 and 2009-R-34 which authorized the City Manager to submit an
application to the Florida Department of Environmental Protection for financial assistance under the State
Revolving Fund Drinking Water Facilities Loan program for the Water Supply Wells and Southeast Water Storage
and Pump Station.
STAFF RECOMMENDATION:
Staff recommends the approval of the State Revolving Fund Loan Agreement for the Water Supply wells and
the Southeast Water Storage and Pump Station in an amount not to exceed $449,749.
ACTION REQUESTED:
Motion to authorize the City Manager to execute the Loan Agreements for the Water Supply wells and the
Southeast Water Storage and Pump Station.
FINANCIAL IMPACT:
(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
YES NO .1S.
AGENDA ITEM NO.
submitted,
;rtL~
Concurrence:
~J~--'l'~~'~~~ 0
Robin Matusick
Paralegal
RESOLUTION NO. 2009-R-33
A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF
EDGEW A TER, VOLUSIA COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR FINANCIAL
ASSISTANCE UNDER THE STATE REVOLVING FUND
DRINKING \\'ATER FACILITIES LOAN PROGRAM FOR
THE NE'" 'VATER SUPPLY \\'ELLSj IDENTIFYING
REVENUES PLEDGED FOR REPAYMENT OF LOAN
FUNDS; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH, PROVIDING FOR SEVERABILITY, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, has made the following
determinations:
\VHEREAS, City staff has recommended that the City of Edgewater apply for financial
assistance under the State Revolving Fund Drinking Water Facilities Loan Program administcred by
the Florida Department of Environmcntal Protection for construction of the New Water Supply
Wells: and
WB EREAS, City Council concurs with staff's recommendations and desires to
authorize the submission of an application for financial assistance for the New Water Supply
Wells: and
WH EREAS, Florida Dcpartment of Environmental Protcction requires a resolution
authorizing the local government to apply for assistance as part of the loan application: and
NOW, THERI<:FORE, BE IT RESOLVED by the People oCthe City of Edgewater,
Florida as l'ollows:
PART A. STIPULATIONS.
Section I.
The City Manager of the City of Edgewater, Florida, is hereby authorized to
submit an application to the Florida Department of Environmental Protection far financial assistance
uncleI' the State Rcvolving Fund Drinking Watcr Facilities Loan Program ('or the New Water Supply
Wells.
#2009-R-33
Section 2.
The State Revolving Fund (SRF) loans are secured by a junior lien on and
pledge of the net revenues of the water and sewer system.
Section 3.
The City Manager is authorized to provide assurances, execute the loan
agreement. and represent the City of Edgewater in carrying out responsibilities under the loan
agreement.
PART B. SEVERABILITY AND APPLICABILITY.
Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution, or application
hcrcol~ is for any reason held invalid or unconstitutional by any Court such portion or application shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions or applications hereof.
PART C. CONFLICTING PROVISIONS.
All resolutions, or parts thereof that are in connict are hereby repealed.
PART D. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
PART E. ADOPTION.
During the November ] 6, 2009 Council meeting, a motion to approve was made by
with Second by r 0\ I fir ~ \ f't\[;L r\ Cooper . The vote on this resolution is
as follows:
AYE NAY
Mayor Mike Thomas
f'
f-\ bSCUL.+
-
A ~C-L1-
Councilwoman Debra J. Rogers
Councilman Ted Cooper
x.
X
)<
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
112009-R-33
2
PASSED AND DULY ADOPTED this 16th day of November, 2009.
ATTEST:
/fx- )Y\f\l. LC' _ 'I:> C ~ ') ()J
Bonnie Wenzel ()
City Clerk
.'
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
#2009-R-33
<:::J ~ _'--'" .
'~~~~ I) ~ \. ;!L( 1-;:X C 0
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgcwater at a meeting held on this 16th day
of November, 2009 uncler Agenda Item No.
8-L-.
3
RESOLUTION NO. 2009-R-34
A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF
EDGEWATER, VOLUSIA COUNTY, FLORIDA,
AUTHORIZING TI-m CITY MANAGER TO SUBMIT AN
APPLICATION TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR FINANCIAL
ASSISTANCE UNDER THE STATE REVOLVING FUND
DRINKING WATER FACILITIES LOAN PROGRAM FOR
THE SOUTHEAST WATER STORAGE AND PUMP
STATION; IDENTIFYING REVENUES PLEDGED FOR
REPA VMENT OF LOAN FUNDS; REPEALING
RESOLUTIONS IN CONFLICT HEREWITTI, PROVIDING
FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, has made the following
determinations:
WHEREAS, City stall has recommended that the City of Edgewater apply lar financial
assistance under the State Revolving Fund Drinking \Vater Facilities Loan Program administered by
the Florida Department of Environmental Protection for construction ofthe Southeast Water Storage
and Pump Station: and
WII E R EAS. the City Council concurs with staffs recommendations and desires to authorize
the submission of an application lar linancial assistance for the Southeast Water Storagc and Pump
Station: and
\VII EREAS, the Florida Department of Environmental Protection requires a resolution
authorizing the local governmcnt to apply for assistance as part ofthc loan application; and
NOW, 'I'll EREFORE, BE IT RESOLVED by the People of the City of Edgewater,
Florida as follows:
PART A. STIPULATIONS.
Section I.
The City Manager of the City of Edgewater, Florida, is hereby authorized to
submit an application Lo the Florida Department of Environmental Protection for linancial assistance
under the State Revolving Fund Drinking Water Facilities Loan Program for the Southeast Water
#2009-R-3-t
Storage And Pump Station.
Section 2.
The State Revolving Fund (SRF) loans are secured by a junior lien on and
pledge of the net revenues of the water and sewer system.
Section 3.
The City Manager is authorized to provide assurances, execute the loan
agreement. and represent the City in carrying out responsibilities under the loan agreement.
PART B. SEVERABILITY AND APPLICABILITY.
I r any section. subsection, sentence, clause, phrase, or portion of this Resolution, or application
hereof. is f()r any reason held invalid or unconstitutional by any Court, such portion or application shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions or applications hereof.
PART C. CONFLICTING PROVISIONS.
1\ll resolutions, or parts thereof that are in conflict are hereby repealed.
PART D. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
PAI~T E. ADOPTION.
During the November 16, 2009 Council meeting, a motion to approve was made by
Lit" .1.. (l_,..,_
('lll\lli ,'\'''lLL:/~'
with Second byrnll y\t'l IIUDru,((t\Khor1(b' The vote on this resolution is
as follows:
AYE
NAY
Mavor Mike Thomas
(~l~+
-
A bS(d'-..J
Councilwoman Debra.l. Rogers
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
#2 ()()()-1{-3.t
2
PASSED AND DULY ADOPTED this 16th day of November, 2009.
ATTEST:
,/-',
" J.J () ("I 'I, "^ t C. . ) \ I"~ k 'V--:) f jJ
Bonnie Wenz~1 .)
t'jrS 'C\~rk'
) :
,..
.:.;..
,-
For the use and reliance only by the City of
L::dgcwater. Florida. /\pproved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran. Wolre, Ansa)' &. Kundid
#2009-R-3.t
CITY COUNCIL OF THE
CITY OF EDGE\VATER, FLORIDA
Q~~' ,
. .' ~L,I A c"'yr:rrJ- )
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of November, 2009 under Agenda Item No.
S+-.
3
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ST ATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF EDGEWATER, FLORIDA
DRINKING WATER STATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
DW640S01
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Bob Martinez Center
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
.
DRINKING WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT
CONTENTS
PAGE
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
1.02. CORRELATIVE WORDS.
1
1
3
ARTICLE II - WARRANTIES, REPRESENT A TIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS.
2.02. LEGAL AUTHORIZATION.
2.03. AUDIT AND MONITORING REQUIREMENTS.
3
3
5
5
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS.
3.04. ASSETS HELD IN TRUST.
8
8
9
9
9
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
4.02. TITLE TO PROJECT SITE.
4.03. PERMITS AND APPROVALS.
4.04. ENGINEERING SERVICES.
4.05. PROHIBITION AGAINST ENCUMBRANCES.
4.06. COMPLETION MONEYS.
4.07. CLOSE-OUT.
4.08. LOAN DISBURSEMENTS.
9
9
9
10
10
10
10
. 10
10
ARTICLE V - RATES AND USE OF THE WATER AND SEWER SYSTEMS
5.01. RATE COVERAGE.
5.02. NO FREE SERVICE.
5.03. MANDA TORY CONNECTIONS.
5.04. NO COMPETING SERVICE.
5.05. MAINTENANCE OF THE WATER AND SEWER SYSTEMS.
5.06. ADDITIONS AND MODIFICATIONS.
5.07. COLLECTION OF REVENUES.
11
11
11
11
11
12
12
12
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
6.02. REMEDIES.
6.03. DELAY AND WAIVER.
12
12
13
14
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT.
7.02. ADDITIONAL DEBT OBLIGATIONS.
14
14
14
ARTICLE VIII - GENERAL. PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
14
14
DRINKING WATER STATE REVOL VlNG FUND CONSTRUCTION LOAN AGREEMENT
CONTENTS
PAGE
8.02. PROJECT RECORDS AND STATEMENTS.
8.03. ACCESS TO PROJECT SITE.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
8.05. AMENDMENT OF AGREEMENT.
8.06. ANNULMENT OF AGREEMENT.
8.07. SEVERABILITY CLAUSE.
8.08. RESERVED.
8.09. RESERVED.
8.10. COMPLIANCE VERIFICATION.
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ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. A UTHORIZA TION TO AWARD CONSTRUCTION CONTRACTS.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS.
9.03. INSURANCE REQUIRED.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
10.02. LOAN SERVICE FEE.
10.03. INTEREST RATE.
10.04. LOAN TERM.
10.05. REPAYMENT SCHEDULE.
10.06. PROJECT COSTS.
10.07. SCHEDULE.
10.08. SPECIAL CONDITION.
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ARTICLE XI - EXECUTION OF AGREEMENT
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ji
DRINKING WATER STATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
DW640501
THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF EDGEW A TER, FLORIDA,
(Project Sponsor) existing as a local governmental agency under the laws of the State of Florida.
WITNESSETH:
WHEREAS, pursuant to Section 403.8532, Florida Statutes, the Department is authorized to
make loans to finance or refinance the construction of public water systems, the planning and
design of which have been reviewed by the Department; and
WHEREAS, the Project Sponsor has made application for the financing of the Project, and the
Department has determined that such Project meets all requirements for a loan.
NOW, THEREFORE, in consideration of the Deparlment loaning money to the Project Sponsor,
in the principal amount and pursuant to the covenants hereinafter set forth, it is agreed as
follows:
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
Words and terms used herein shall have the meanings set forth below:
(1) "Agreement" or "Loan Agreement" shall mean this construction loan agreement.
(2) If ARRA" shall mean the American Recovery and Reinvestment Act of 2009.
(3) "Associated Loan" shall mean the money awarded to the Project Sponsor for the
Project by the Department pursuant to the Associated Loan Agreement and amendments
thereto.
(4) If Associated Loan Agreement" shall mean the Drinking Water SRF Loan Agreement,
Number DW640500, including amendments thereto, between the Project Sponsor and the
Department.
(5) "Authorized Representative" shall mean the official of the Project Sponsor
authorized by ordinance or resolution to sign documents associated with the Loan.
(6) "Capitalized Interest" shall mean the interest accruing on Loan proceeds from the
time of disbursement until six months before the first Semiannual Loan Payment is due.
Capitalized Interest is financed as part of the Loan principal.
(7) "Depository" shall mean a bank or trust company, having a combined capital and
unimpaired surplus of not less than $50 million, authorized to transact commercial banking or
savings and loan business in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
(8) "Gross Revenues" shall mean all income or earnings received by the Project Sponsor
from the ownership or operation of its Water and Sewer Systems, including investment income,
all as calculated in accordance with generally accepted accounting principles. Gross Revenues
shall not include proceeds from the sale or other disposition of any part of the Water or Sewer
System, conderrmation awards or proceeds of insurance, except use and occupancy or business
interruption insurance, received with respect to the Water or Sewer System.
(9) "Loan" shall mean the amount of money to be loaned pursuant to this Agreement
and subsequent amendments.
(10) "Loan Application" shall mean the completed form which provides all information
required to support obtaining construction loan financial assistance.
(1 ]) "Loan Debt Service Account" shall mean an account, or a separately identified
component of a pooled cash or liquid account, with a Depository established by the Project
Sponsor for the purpose of accumulating Monthly Loan Deposits and making Semiannual Loan
Payments.
(12) "Loan Service Fee" shall mean an origination fee which shall be paid to the
Department by the Project Sponsor.
(13) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Project
Sponsor to the Loan Debt Service Account.
(14) "Operation and Maintenance Expense" shall mean the costs of operating and
maintaining the Water and Sewer Systems determined pursuant to generally accepted
accounting principles, exclusive of interest on any debt payable from Gross Revenues,
depreciation, and any other it~ms not requiring the expenditure of cash.
(15) "Pledged Revenues" shall mean the specific revenues pledged as security for
repayment of the Loan and the Associated Loan and shall be the Gross Revenues derived
yearly from the operation of the Water and Sewer Systems after payment of the Operation and
Maintenance Expense and the satisfaction of all yearly payment obligations on account of the
Senior Revenue Obligations and any senior obligations issued pursuant to Section 7.02 of this
Agreement.
(16) "Project" shall mean the works financed by this Loan and the Associated Loan and
shall consist of furnishing all labor, materials, and equipment to construct the supply and
transmission project in accordance with the plans and specifications accepted by the
Department for the "New Water Supply Wells" contract.
The Project is in agreement with the Water Facilities Plan accepted by the Department
effective September 16, 2009. A Florida Finding of No Significant Impact was published on
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June 12, 2009 and no adverse comments were received. The Project is an Equivalency Project as
defined in Chapter 62-552, Florida Administrative Code.
(17) "Semiannual Loan Payment" shall mean the payment due from the Project Sponsor
to the Department at six-month intervals.
(18) "Senior Revenue Obligations" shall mean the following debt obligations:
(a) City of Edgewater, Florida, Water and Sewer Revenue Note, Series 2002, issued in
the amount of $5,140,000, pursuant to Resolution No. 2002-R-06; and
(b) City of Edgewater, Florida, Water and Wastewater System Refunding Revenue
Bond, Series 2009, issued in the amount of $8,147,125, pursuant to Resolution No. 2009-R-31 as
supplemented by Resolution No. 2009-R-32; and
(c) Any refunding bonds issued to refund the obligations identified above provided
such bonds shall not increase annual debt service during the repayment period of this Loan.
(19) "Sewer System" shall mean all facilities owned by the Project Sponsor for
collection, transmission, treatment and reuse of wastewater and its residuals.
(20) "Water System" shall mean all facilities owned by the Project Sponsor for
supplying and distributing water for residential, commercial, industrial, and governmental use.
1.02. CORRELATIVE WORDS.
Words of the masculine gender shall be understood to include correlative words of the
feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall
include the plural and the word "person" shall include corporations and associations, including
public bodies, as well as natural persons.
ARTICLE II - W ARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS.
The Project Sponsor warrants, represents and covenants that:
(1) The Project Sponsor has full power and authority to enter into this Agreement and
to comply with the provisions hereof.
(2) The Project Sponsor currently is not the subject of bankruptcy, insolvency, or
reorganization proceedings and is not in default of, or otherwise subject to, any agreement or
any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance
which would currently restrain or enjoin it from entering into, or complying with, this
Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in
equity, before any court or public body, pending or, to the best of the Project Sponsor's
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knowledge, threatened, which seeks to restrain or enjoin the Project Sponsor from entering into
or complying with this Agreement.
(4) All permits, real property interests, and approvals required as of the date of this
Agreement have been obtained for construction and use of the Project. The Project Sponsor
knows of no reason why any future required permits or approvals are not obtainable.
(5) The Project Sponsor shall undertake the Project on its own responsibility, to the
extent permitted by law.
(6) To the extent permitted by law, the Project Sponsor shall release and hold harmless
the State, its officers, members, and employees from any claim arising in connection with the
Project Sponsor's actions or omissions in it,> planning, engineering, administrative, and
construction activities financed by this Loan or its operation of the Project.
(7) All Project Sponsor representations to the Department, pursuant to the Loan
Application and Agreement, were true and accurate as of the date such representations were
made. The financial information delivered by the Project Sponsor to the Department was
current and correct as of the date such information was delivered. The Project Sponsor shall
comply with Chapter 62-552, Florida Administrative Code, and all applicable State and Federal
laws, rules, and regulations which are identified in the Loan Application or Agreement.
Minority and Women's Business Enterprise goals as stated in the plans and specifications apply
to this Project. To the extent that any assurance, representation, or covenant requires a future
action, the Project Sponsor shall take such action as is necessary for compliance.
(8) The Project Sponsor shall maintain records using generally accepted accounting
principles established by the Governmental Accounting Standards Board. As part of its
bookkeeping system, the Project Sponsor shall keep accounts of the Water and Sewer Systems
separate from all other accounts and it shall keep accurate records of all revenues, expenses,
and expenditures relating to the Water and Sewer Systems, and of the Pledged Revenues, Loan
disbursement receipts, and Loan Debt Service Account.
(9) In the event the anticipated Pledged Revenues are shown by the Project Sponsor's
annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year
when due, the Project Sponsor shall include in such budget other legally available non-ad
valorem funds which will be sufficient, together with the Pledged Revenues, to make the
Semiannual Loan Payments. Such other legally available non-ad valorem funds shall be
budgeted in the regular annual governmental budget and designated for the purpose provided
by this Subsection, and the Project Sponsor shall collect such funds for application as provided
herein. The Project Sponsor shall notify the Department immediately in writing of any such
budgeting of other legally available non-ad valorem funds. Nothing in this covenant shall be
construed as creating a pledge, lien, or charge upon any such other legally available non-ad
valorem fundsj requiring the Project Sponsor to levy or appropriate ad valorem tax revenueSj or
preventing the Project Sponsor fr.om pledging to the payment of any bonds or other obligations
all or any part of such other legally available non-ad valorem funds.
(10) Each year, beginning three months before the first Semiannual Loan Payment and
ending with the year during which the final Loan repayment is made, the Project Sponsor's
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Authorized Representative or its chief financial officer shall submit, pursuant to the schedule
established in Section 10.07, a certification that: (a) Pledged Revenue collections satisfy the rate
coverage requirement; (b) the Loan Debt Service Account contains the funds required; and (c)
insurance in effect for the facilities generating the Pledged Revenues adequately covers the
customary risks to the extent that such insurance is available.
(II) Pursuant to Section 216.347 of the Florida Statutes, the Project Sponsor shall not use
the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a
State agency.
(12) The Project Sponsor agrees to construct the Project in accordance with the Project
schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable
control of the Project Sponsor are excepted. If for any reason construction is not completed as
scheduled, there shall be no resulting diminution or delay in the Semiannual Loan Payment or
the Monthly Loan Deposit.
(13) The Project Sponsor covenants that this Agreement is entered into for the purpose
of constructing, refunding, or refinancing the Project which will in all events serve a public
purpose. The Project Sponsor covenants that it will, under all conditions, complete and operate
the Project to fulfill the public need.
2.02. LEGAL A UTHORIZA TION.
Upon signing this Agreement, the Project Sponsor's legal counsel hereby expresses the
opinion, subject to laws affecting the rights of creditors generally, that:
(I) This Agreement has been duly au thorized by the Project Sponsor and shall
constitute a valid and legal obligation of the Project Sponsor enforceable in accordance with its
terms upon execution by both parties; and
(2) This Agreement specifies the revenues pledged for repayment of the Loan, and the
pledge is valid and enforceable.
2.03. AUDIT AND MONITORING REQUIREMENTS.
The Project Sponsor agrees to the following audit and monitoring requirements.
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including Slate Match, Awarded to the Recipient Pursuant to this Agreement Consist
of the FolIowin :
Federal State
Program Federal CFDA Funding A ppropria tion
Number Agency Number CFDA Title Amount Category
FS984522-090 EPA 66.468 Capitalization Grants $218,143 140129
for Drinking Water
State Revolving Fund
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(2) Audits.
(a) In the event that the Project Sponsor expends $500,000 or more in Federal awards in
its fiscal year, the Project Sponsor must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. Subsection 2.03(1) of this
Agreement indicates that Federal funds are awarded through the Department by this
Agreement. In determining the Federal awards expended in its fiscal year, the Project Sponsor
shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Project Sponsor conducted by the Auditor General in accordance with
the provisions of OMB Circular A-133, as revised, will meet the requirements of this part.
(b) In connection with the audit requirements addressed in the preceding paragraph (a),
the Project Sponsor shall fulfill the requirements relative to auditee responsibilities as provided
in SubpartC of OMB Circular A-133, as revised.
(c) If the Project Sponsor expends less than $500,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisionS of OMB Circular A-133, as revised, is not
required. The Project Sponsor shall inform the Department of findings and recommendations
pertaining to the State Revolving Fund in audits conducted by the Project Sponsor in which the
$500,000 threshold has not been met. In the event that the Project Sponsor expends less than
$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from Project Sponsor
resources obtained from other than Federal entities).
(d) The Project Sponsor may access information regarding the Catalog of Federal
Domestic Assistance (CFDA) via the internet at www.cfda.gov/index?cck=l&au=&ck=.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
Project Sponsor directly to each of the following:
(i) The Department at the following address:
Joe Aita, Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 41
Tallahassee, Florida 32399-3123
(ii) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133,
as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
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Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or
after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet
Data Entry System which can be found at h.tl12J Iharvester.census.gov I facl
(iii) Other Federal agencies and pass-through entities in accordance with Sections
.320(e) and (f), OMB Circular A-133, as revised.
(b) Pursuant to Sectio~ .320(f), OMB Circular A-133, as revised, the Project Sponsor shall
submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as
revised, and any management letters issued by the auditor, to the Department at the address
listed under Subsection 2.03(3) (a) of this Agreement.
(c) Any reports, management letters, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(d) Project Sponsors, when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Project
Sponsor in correspondence accompanying the reporting package.
(4) Project-Specific Audit.
Within 12 months after the amendment establishing final Project costs, the Project
Sponsor shall submit to the Department a Project-specific audit report for the Loan related
revenues and expenditures. The audit shall address Loan disbursements received, Project
expenditures, and compliance with Loan Agreement covenants. The Project Sponsor shall
cause the auditor to notify the Department immediately if anything comes to the auditor's
attention during the examination of records that would constitute a default under the Loan
Agreement. The audit findings shall set aside or question any costs that are unallowable under
Chapter 62-503, Florida Administrative Code. A final determination of whether such costs are
allowed shall be made by the Department.
(5) Record Retention.
The Project Sponsor shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five years from the date the audit report is issued,
and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Project Sponsor shall ensure that audit working
papers are made available to the Department, or its designee, Chief Financial Officer, or
Auditor General upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Department.
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The Project Sponsor is hereby advised that the Federal and/ or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. For federal financial assistance, the Project Sponsor shall utilize the guidance
provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the
relationship represents that of a subrecipient or vendor.
The Project Sponsor should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these
requirements.
In addition, the Project Sponsor agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting, Attachment A, attached hereto and made a part
hereof, within four (4) months following the end of the Project Sponsor's fiscal year.
Attachment A should be submitted to the Department's Grants Development and Review
Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000.
The Grants Development and Review Manager is available to answer any questions at
(850) 245-2361.
(6) Monitoring.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see audit requirements above), monitoring procedures may include, but not be limited
to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as
revised, and/ or other procedures. By entering into this Agreement, the Project Sponsor agrees
to comply and cooperate with any monitoring procedures/ processes deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the
Project Sponsor is appropriate, the Project Sponsor agrees to comply with any additional
instructions provided by the Department to the Project Sponsor regarding such audit. The
Project Sponsor further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
The Project Sponsor shall establish a Loan Debt Service Account with a Depository and
begin making Monthly Loan Deposits no later than the date set forth for such action in
Section 10.07 of this Agreement.
Beginning six months prior to each Semiannual Loan Payment, the Project Sponsor shall
make six Monthly Loan Deposits. The first five deposits each shall be at least equal to one-sixth
of the Semiannual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal to the
amount required to make the total on deposit in the Loan Debt Service Account equal to the
Semiannual Loan Payment amount, taking into consideration investment earnings credited to
the account pursuant to Section 3.02.
Any month in which the Project Sponsor fails to make a required Monthly Loan
Deposit, the Project Sponsor's chief financial officer shall notify the Department of such failure.
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In addition, the Project Sponsor agrees to budget, by amendment if necessary, payment to the
Department from other legally available non-ad valorem funds all sums becoming due before
the same become delinquent. This requirement shall not be construed to give superiority to the
Department's claim on any revenues over prior claims of general creditors of the Project
Sponsor, nor shall it be construed to give the Department the power to require the Project
Sponsor to levy and collect any revenues other than Pledged Revenues.
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS.
Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the
laws of the State of Florida. Such moneys may be pooled for investment purposes. The
maturity or redemption date of investments shall be not later than the date upon which such
moneys may be needed to make Semiannual Loan Payments. The investment earnings shall be
credited to the Loan Debt Service Account and applied toward the Monthly Loan Deposit
requirements.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS.
The withdrawal of moneys from the Loan Debt Service Account shall be for the sole
purpose of making the Semiannual Loan Payment or for discharging the Project Sponsor's
obligations pursuant to Section 8.01.
3.04. ASSETS HELD IN TRUST.
The assets in all accounts created under this Loan Agreement shall be held in trust for
the purposes provided herein and used only for the purposes and in the manner prescribed in
this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor
of the Department.
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
Project changes prior to bid opening shall be made by addendum to plans and
specifications. Changes after bid opening shall be made by change order. The Project Sponsor
shall submit all addenda and all change orders to the Department for an eligibility
determination. After execution of all construction, equipment and materials contTacts, the
Project contingency may be reduced.
4.02. TITLE TO PROJECT SITE.
The Project Sponsor shall have an interest in real properly sufficient for the construction
and location of the Project free and clear of liens and encumbrances which would impair the
usefulness of such sites for the intended use.
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4.03. PERMITS AND APPROVALS.
The Project Sponsor shall have obtained, prior to the Department's authorization to
award construction contracts, all permits and approvals required for construction of the Project
or portion of the Project funded under this Agreement.
4.04. ENGINEERING SERVICES.
A professional engineer, registered in the State of Florida, shall be employed by, or
under contract with, the Project Sponsor to oversee construction.
4.05. PROHIBITION AGAINST ENCUMBRANCES.
The Project Sponsor is prohibited from selling, leasing, or disposing of any part of the
Water or Sewer System which would materially reduce operational integrity or Gross Revenues
so long as this Agreement, including any amendments thereto, is in effect unless the written
consent of the Department is first secured.
4.06. COMPLETION MONEYS.
In addition to the proceeds of this Loan, the Project Sponsor covenants that it has
obtained, or will obtain, sufficient moneys from other sources to complete construction and
place the Project in operation on, or prior to, the date specified in Article X. Failure of the
Department to approve additional financing shall not constitute a waiver of the Project
Sponsor's covenants to complete and place the Project in operation.
4.07. CLOSE-OUT.
The Department shall conduct a final inspection of the Project and Project records.
Following the inspection, deadlines for submitting additional disbursement requests, if any,
shall be established, along with deadlines for uncompleted Loan requirements, if any.
Deadlines shall be incorporated into the Loan Agreement by amendment. The Loan principal
shall be reduced by any excess over the amount required to pay all approved costs. As a result
of such adjustment, the Semiannual Loan Payment shall be reduced accordingly, as addressed
in Section 10.05.
4.08. LOAN DISBURSEMENTS.
Disbursements shall be made only by the State Chief Financial Officer and only when
the requests for such disbursements are accompanied by a Department certification that such
withdrawals are proper expenditures. Disbursements shall be made directly to the Project
Sponsor for engineering and administrative allowances, and reimbursement of the incurred
construction costs and related services. Disbursement of the allowances shall be made upon the
Department's receipt of a disbursement request form. Disbursements for materials, labor, or
services shall be made upon receipt of the following:
(1) A completed disbursement request form signed by the Authorized Representative.
Such requests must be accompanied by sufficiently itemized summaries of the materials, labor,
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or services to identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work.
(2) A certification signed by the Authorized Representative as to the current estimated
costs of the Project; that the materials, labor, or services represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all funds
received to date have been applied toward completing the Project; and that under the terms
and provisions of the contracts, the Project Sponsor is required to make such payments.
(3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily purchased, or received, and applied to the Project in accordance with construction
contract documents; stating that payment is in accordance with construction contract
provisions; stating that construction, up to the point of the requisition, is in compliance with the
contract documents; and identifying all additions or deletions to the Project which have altered
the Project's performance standards, scope, or purpose since the issue of the Department
construction permit.
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the Department.
ARTICLE V - RATES AND USE OF THE WATER AND SEWER SYSTEMS
5.01. RATE COVERAGE.
The Project Sponsor shall maintain rates and charges for the services furnished by the
Water and Sewer Systems which will be sufficient to provide, in each Fiscal Year, Pledged
Revenues equal to or exceeding 1.15 times the sum of the Semiannual Loan Payments due in
such Fiscal Year. In addition, the Project Sponsor shall satisfy the coverage requirements of all
senior and parity debt obligations.
5.02. NO FREE SERVICE.
The Project Sponsor shall not permit connections to, or furnish any services afforded by,
the Water or Sewer System without making a charge therefor based on the Project Sponsor's
uniform schedule of rates, fees, and charges.
5.03. MANDA TORY CONNECTIONS.
The Project Sponsor shall adopt, as necessary, and enforce requirements, consistent with
applicable laws, for the owner, tenant or occupant of each building located on a lot or parcel of
land which is served, or may reasonably be served, by the Sewer System to connect such
building to the Sewer System.
5.04. NO COMPETING SERVICE.
The Project Sponsor shall not allow any person to provide any services which would
compete with the Water or Sewer System so as to adversely affect Gross Revenues.
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5.05. MAINTENANCE OF THE WATER AND SEWER SYSTEMS.
The Project Sponsor shall operate and maintain the Water and Sewer Systems in a
proper, sound and economical manner and shall make all necessary repairs, renewals and
replacements.
5.06. ADDITIONS AND MODIFICATIONS.
The Project Sponsor may make any additions, modifications or improvements to the
. Water and Sewer Systems which it deems desirable and which do not materially reduce the
operational integrity of any part of the Water or Sewer System. All such renewals,
replacements, additions, modifications and improvements shall become part of the Water and
Sewer Systems.
5.07. COLLECTION OF REVENUES.
The Project Sponsor shall use its best efforts to collect all rates, fees and other charges
due to it. The Project Sponsor shall establish liens on premises served by the Water or Sewer
System for the amount of all delinquent rates, fees and other charges where such action is
permitted by law. The Project Sponsor shall, to the full extent permitted by law, cause to
discontinue the services of the Water and Sewer Systems and use its best efforts to shut off
water service furnished to persons who are delinquent beyond customary grace periods in the
payment of Water and Sewer System rates, fees and other charges.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
Each of the following events is hereby declared an event of default:
(1) Failure to make any Monthly Loan Deposit or to make any installment of the
SemiaImual Loan Payment when it is due and such failure shall continue for a period of 30
days.
(2) Except as provided in Subsections 6.01(1) and 6.01(7), failure to comply with the
provisions of this Agreement or failure in the performance or observance of any of the
covenants or actions required by this Agreement and such failure shall continue for a period of
60 days after written notice thereof to the Project Sponsor by the Department.
(3) Any warranty, representation or other statement by, or on behalf of, the Project
Sponsor contained in this Agreement or in any information furnished in compliance with, or in
reference to, this Agreement, which is false or misleading. .
(4) An order or decree entered, with the acquiescence of the Project Sponsor,
appointing a receiver of any part of the Water or Sewer System or Gross Revenues thereof; or if
such order or decree, having been entered without the consent or acquiescence of the Project
Sponsor, shall not be vacated or discharged or stayed on appeal within 60 days after the entry
thereof.
]2
(5) Any proceeding instituted, with the acquiescence of the Project Sponsor, for the
purpose of effecting a composition between the Project Sponsor and its creditors or for the
purpose of adjusting the claims of such creditors, pursuant to any federal or state statute-now
or hereafter enacted, if the claims of such creditors are payable from Gross Revenues of the
Water or Sewer System: .
(6) Any bankmptcy, insolvency or other similar proceeding instituted by, or against,
the Project Sponsor under federal or state bankmptcy or il)solvency law now or hereafter in
effect and, if instituted against the Project Sponsor, is not dismissed within 60 days after filing.
(7) Failure of the Project Sponsor to give immediate written notice of default to the
Department and such failure shall continue for a period of 30 days.
6.02. REMEDIES.
Upon any event of default and subject to the rights of others having prior liens on the
Pledged Revenues, the Department may enforce its rights by any of the following remedies:
(1) By mandamus or other proceeding at law or in equity, cause to establish rates and
collect fees and charges for use of the Water and Sewer Systems, and to require the Project
Sponsor to fulfill this Agreement.
(2) By action or suit in equity, require the Project Sponsor to account for all moneys
received from the Department or from the ownership of the Water and Sewer Systems and to
account for the receipt, use, application, or disposition of the Pledged Revenues.
(3) By action or suit in equity, enjoin any acts or things which may be unlawful or in
violation of the rights of the Department.
(4) By applying to a court of competent jurisdiction, cause to appoint a receiver to
manage the Water and Sewer Systems, establish and collect fees and charges, and apply the
revenues to the reduction of the obligations under this Agreement.
(5) By certifying to the Auditor General and the Chief Financial Officer delinquency on
loan repayments, the Department may intercept the delinquent amount plus six percent,
expressed as an annual interest rate, penalty of the amount due to the Department from any
unobligated funds due to the Project Sponsor under any revenue or tax sharing fund
established by the State, except as otherwise provided by the State Constitution. Penalty
interest shall accrue on any amount due and payable beginning on the 30th day following the
date upon which payment is due.
(6) By notifying financial market credit rating agencies and potential creditors.
(7) By suing for payment of amounts due, or becoming due, with interest on overdue
payments together with all costs of collection, including attorneys! fees.
(8) By accelerating the repayment schedule or increasing the interest rate on the unpaid
principal of the Loan to as much as 1.667 times the Loan interest rate for a default under
Subsection 6.01(1).
13
6.03. DELAY AND WAIVER.
No delay or omission by the Department to exercise any right or power accruing upon
event of default shall impair any such right or power or shall be construed to be a waiver of any
such default or acquiescence therein, and every such right and power may be exercised as often
as may be deemed expedient. No waiver or any default under this Agreement shall extend to
or affect any subsequent event of default, whether of the same or different provision of this
Agreement, or shall impair consequent rights or remedies.
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT.
From and after the effective date of this Agreement, the Department shall have a lien on
the Pledged Revenues, which along with any other Department State Revolving Fund liens on
the Pledged Revenues, on equal priority, will be prior and superior to any other lien, pledge or
assignment with the following exception. All obligations of the Project Sponsor under this
Agreement shall be junior, inferior, and subordinate in all respects in right of payment and
security to the Senior Revenue Obligations defined in Section 1.01 of this Agreement and to any
additional senior obligations issued with the Department's consent pursuant to Section 7.02.
Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor
of the Department if the Department makes a determination, based upon facts deemed
sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year,
equal or exceed 1.15 times the debt service coming due in each Fiscal Year under the terms of
tips Agreement.
7.02. ADDITIONAL DEBT OBLIGATIONS.
The Project Sponsor may issue additional debt obligations on a parity with, or senior to,
the lien of the Department on the Pledged Revenues provided the Department's written
consent is obtained. Such consent shall be granted if the Project Sponsor demonstrates at the
time of such issuance that the Pledged Revenues, which may take into account reasonable
projections of growth of the Water and Sewer Systems and revenue increases, plus revenues to
be pledged to the additional proposed debt obligations will, during the period of time
Semiannual Loan Payments are to be made under this Agreement, equal or exceed 1.15 times
the annual combined debt service requirements of this Agreement and the obligations
proposed to be issued by the Project Sponsor and will satisfy the coverage requirements of all
other debt obligations secured by the Pledged Revenues. However, no such consent is required
with respect to issuance of Senior Revenue Obligations as defined in Section 1.01.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
All payments required to be made under this Agreement shall be cumulative and any
deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year andeall years thereafter until fully paid. Payments shall continue to be secured by this Agreement
14
until all of the payments required shall be fully paid to the Deparhnent. If at any time the
Project Sponsor shall have paid, or shall have made provision for the timely payment of, the
entire principal amount of the Loan and interest, the pledge of, and lien on, the Pledged
Revenues to the Department shall be no longer in effect. Deposit of sufficient cash, securities,
or investments, authorized by law from time to time, may be made to effect defeasance of this
Loan. However, the deposit shall be made in irrevocable trust with a banking institution or
trust company for the sole benefit of the Department. There shall be no penalty imposed by the
Department for early retirement of this Loan.
8.02. PROJECT RECORDS AND STATEMENTS.
Books, records, reports, engineering documents, contract documents, and papers shall
be available to the authorized representatives of the Department and the U.s. Environmental
Protection Agency's Inspector General for inspection at any reasonable time after the Project
Sponsor has received a disbursement and until five years after the date that the Project-specific
audit report, required under Subsection 2.03(4), is issued.
8.03. ACCESS TO PROJECT SITE.
The Project Sponsor shall provide access to Project sites and administTative offices to
authorized representatives of the Department at any reasonable time. The Project Sponsor shall
cause its engineers and contractors to cooperate during Project inspections, including making
available working copies of plans and specifications and supplementary materials.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Department may assign any part of its rights under this Agreement after
no'tification to the Project Sponsor. The Project Sponsor shall not assign rights created by this
Agreement without the written consent of the Department.
8.05. AMENDMENT OF AGREEMENT.
This Agreement may be amended in writing, except that no amendment shall be
permitted which is inconsistent with statutes, rules, regulations, executive orders, or written
agreements between the Department and the U.S. Environmental Protection Agency. This
Agreement may be amended after all construction contracts are executed to re-establish the
Project cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. A final
amendment establishing the final Project costs shall be completed after the Department's final
inspection of the Project records.
8.06. ANNULMENT OF AGREEMENT.
The Department may unilaterally annul this Agreement if the Project Sponsor has not
drawn any of the Loan proceeds by the date set in Section 10.07 for establishing the Loan Debt
Service Account. If the Department unilaterally annuls this Agreement, the Department will
provide written notification to the Project Sponsor.
15
8.07. SEVERABILITY CLAUSE.
If any provision of this Agreement shall be held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had
not been contained herein.
8.08. RESERVED.
8.09. RESERVED.
8.10. COMPLIANCE VERIFICATION.
(1) The Local Government shall periodically interview a sufficient number of
employees entitled to Davis-Bacon prevailing wages (covered employees) to verify that
contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR
5.6(a)(6), all interviews must be conducted in confidence. The Local Government must use
Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the
SF 1445 are available from EPA on request.
(2) The Local Government shall establish and follow an interview schedule based on
its assessment of the risks of noncompliance with Davis-Bacon posed by contractors or
subcontractors and the duration of the contract or subcontract. At a minimum, the Local
Government must conduct interviews with a representative group of covered employees within
two weeks of each contractor or subcontractor's submission of its initial weekly payroll data
and two weeks prior to the estimated completion date for the contract or subcontract. Local
Governments must conduct more frequent interviews if the initial interviews or other
information indicates that there is a risk that the contractor or subcontractor is not complying
with Davis-Bacon. Local Governments shall immediately conduct necessary interviews in
response to an alleged violation of the prevailing wage requirements. All interviews shall be.
conducted in confidence.
(3) The Local Government shall periodically conduct spot checks of a representative
sample of weekly payroll data to verify that contractors or subcontractors are paying the
appropriate wage rates. The Local Government shall establish and follow a spot check schedule
based on its assessment of the risks of noncompliance with Davis-Bacon posed by contractors
or subcontractors and the duration of the contract or subcontract. At a minimum, the Local
Government must spot check payroll data within two weeks of each contractor or
subcontractor's submission of its initial payroll data and two weeks prior to the completion
date the contract or subcontract. Local Governments must conduct more frequent spot checks if
the initial spot check or other information indicates that there is a risk that the contractor or
subcontractor is not complying with Davis-Bacon. In addition, during the examinations the
Local Government shall verify evidence of fringe benefit plans and payments thereunder by
contractors and subcontractors who claim credit for fringe benefit contributions.
(4) The Local Government shall periodically review contractors and subcontractors use
of apprentices and trainees to verify registration and certification with respect to apprenticeship
and training programs approved by either the V.S Department of Labor (DOL) or a state, as
appropriate, and that contractors and subcontractors are not using disproportionate numbers
16
of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the
schedules for spot checks and interviews described in items (2) and (3) above.
(5) Local Governments must immediately report potential violations of the Davis-
Bacon prevailing wage requirements to the EP A Davis-Bacon contact Sheryl Parsons at
Parsons.5heryl@epamail.epa.gQY and to the appropriate DOL Wage and Hour District Office
listed at http://www.dol.gov/esa/contacts/whd/america2.htm.
ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS.
The following documentation is required to receive the Department's authorization to
award construction conlTacts:
(1) Proof of advertising.
(2) Award recommendation, bid proposal, and bid tabulation (certified by the
responsible engineer).
(3) Certification of compliance with the conditions of the Department's approval of
competitively or non-competitively negotiated procurement, if applicable.
(4) Certification Regarding Disbarment, Suspension, Ineligibility and Voluntary
Exclusion.
(5) Certification by the Authorized Representative that affirmative steps were taken to
encourage Minority and Women's Business Enterprises participation in Project construction.
(6) Current certifications for Minority and Women's Business Enterprises participating
in the contract. If the goals as stated in the plans and specifications are not met, documentation
of actions taken shall be submitted.
(7) Assurance that the Local Government and conlTactors are in compliance with
Section 1606 with labor standards, including prevailing wage rates established for its locality by
the u.s. Department of Labor under the Davis-Bacon Act for Project construction.
(8) Certification that all procurement is in compliance with Section 1605 of the ARRA,
which states that all iron, steel, and manufactured goods used in the Project must be
manufactured or assembled in the United States unless (a) a waiver is provided to the Project
Sponsor by the Environmental Protection Agency (EPA) or (b) compliance would be
inconsistent with United States obligations under international agreements.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS.
After the Department's authorization to award construction contracts has been received,
the Project Sponsor shall submit:
]7
(1) Contractor insurance certifications,
(2) Executed Contract(s).
(3) Notices to proceed with construction.
9.03. INSURANCE REQUIRED.
The Project Sponsor shall cause the Project, as each part thereof is certified by the
engineer responsible for overseeing construction as completed, and the Water and Sewer
Systems (hereafter referred to as "Revenue Producing Facilities") to be insured by an insurance
company or companies licensed to do business in the State of Florida against such damage and
destruction risks as are customary for the operation of Revenue Producing Facilities of like size,
type and location to the extent such insurance is obtainable from time to time against anyone
or more of such risks.
The proceeds of insurance policies received as a result of damage to, or destruction of,
the Project or the other Revenue Producing Facilities, shall be used to restore or replace
damaged portions of the facilities. If such proceeds are insufficient, the Project Sponsor shall
provide additional funds to restore or replace the damaged portions of the facilities. Repair,
construction or replacement shall be promptly completed.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
The estimated principal amount of the Loan is $219,843, which consists of $218,143 ta be
disbursed to the Project Sponsor and $1,700 of Capitalized Interest.
Capitalized interest is not disbursed to the Project Sponsor, but is amortized via periodic
loan repayments to the Department as if it were actually disbursed. Capitalized interest is
computed at the interest rate, or rates, set for the Loan. It accrues and is compounded annually
. from the time when disbursements are made until six months before the first Semiannual Loan
Payment isdue. Capitalized Interest is estimated prior to establishing the schedule of actual
disbursements.
10.02. LOAN SERVICE FEE.
The Loan Service Fee is $4,363 far the Loan amount authorized to date. The fee
represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent
of $218,143. An additional Loan Service Fee amount will be assessed for any additional
funding provided by amendment to this Agreement. The fee shall be adjusted downward if
adjustment of Project costs results in a Loan decrease, provided that the decrease amendment is
executed before the first Semiannual Loan Payment due date.
Interest shall accrue on the Loan Service Fee at the rate, or rates, set for the Loan until
the fee is paid. Loan Service Fee interest shall be compounded annually from the effective date
18
of the LOaTI until six months before the first Semiannual Loan Payment is due at which time it is
capitalized. The estimated Loan Service Fee capitalized interest is $70.
10.03. INTEREST RATE.
The rate of interest on the unpaid principal of the Loan amount specified in
Section 10.01 is 2.61 percent per annum; however, if this Agreement is not executed by the
Project Sponsor and returned to the Department before October 1, 2010, the interest rate may be
adjusted. A separate interest rate shall be established for any additional funds provided by
amendment to this Agreement.
10.04. LOAN TERM.
The Loan shall be repaid in 40 Semiannual Loan Payments.
10.05. REPAYMENT SCHEDULE.
The Semiannual Loan Payment shall be computed based upon the principal amount of
the Loan plus the Loan Service Fee and Loan Service Fee capitalized interest and the principle
of level debt service. The Department will deduct the Loan Service Fee and all associated
interest from the first two payments. The Semiannual Loan Payment amount may be adjusted,
by amendment of this Agreement, based upon revised information. After the final
disbursement of Loan proceeds, the Semiannual Loan Payment shall be based upon the actual
Project costs and actual dates and amounts of disbursements, taking into consideration any
previous payments. Actual Project costs shall be established after the Department's inspection
of the completed Project and associated records.
Each Semiannual Loan Payment shall be in the amount of $7,233 until the payment
amount is adjusted by amendment. The interest portion of each Semiannual Loan Payment
shall be computed on the unpaid balance of the principal amount of the Loan, including
Capitalized Interest. Interest also shall be computed on the unpaid balance of the Loan Service
Fee and Loan Service Fee capitalized interest. Interest shall be computed as of the due date of
each Semiannual Loan Payment.
Semiannual Loan Payments shall be received by the Department beginning on
November 15, 2011 and semiannually thereafter on May 15 and November 15 of each year until
all amounts due hereunder have been fully paid. Funds transfer shall be made by electronic
means.
The Semiannual Loan Payment amount is based on the total amount owed of $224,276,
which consists of the Loan principal plus the Loan Service Fee with its capitalized interest.
10.06. PROJECT COSTS.
The Project Sponsor and the Department acknowledge that the actual Project costs have
not been determined as of the effective date of this Agreement. Project cost adjustments may be
made as a result of mutually agreed upon Project changes. Capitalized Interest will be
recalculated based on actual dates and amounts of Loan disbursements. If the Project Sponsor
receives other governmental financial assistance for this Project, the costs funded by such other
19
governmental assistance will not be financed by this Loan. The Department shall establish the
final costs after its final inspection of the Project records. Changes in Project costs may also
occur ?Is a result of the Project Sponsor's Project audit or a Department audit. The Project
Sponsor agrees to the following estimates of Project costs:
PROJECT COSTS
TOTAL ARRA Loan Companion
LINE ITEM COSTS DW640500 DW640501
Administrative Allowance 12,000 0 12,000
Engineering Allowance 85,000 0 85,000
Construction 964,850 899,950 64,900
Technical Services 145,163 137,163 8,000
Contingency 48,243 0 48,243
Subtotal (Disbursable Amount) 1,255,256 1,037,113 218,143
Estimated Principal Forgiveness (881,546) (881,546) 0
Subtotal (Loan Amount) 373,710 155,567 218,143
Estimated Capitalized Interest 4,600 2,900 1,700
Total (Loan Principal Amount) 378,310 158,467 219,843
10.07. SCHEDULE.
The Project Sponsor agrees by execution hereof:
(1) Completion of Project construction is scheduled for May 15, 2011.
(2) The Loan Debt Service Account shall be established and Monthly Loan Deposits
shall begin no later than May 15, 2011.
(3) The initial annual certification required under Subsection 2.01(10) of this
Agreement shall be due August 15,2011. Thereafter the certification shall be submitted no later
than September 30 of each year until the final Semiannual Loan Payment is made.
(4) The first Semiannual Loan Payment in the amount of $7,233 shall be due
November 15,2011.
10.08. SPECIAL CONDITION.
Project costs, as provided for in this Loan and the Associated Loan shall be reviewed,
and may be adjusted, once the final Project costs have been established.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
20
ARTICLE XI - EXECUTION OF AGREEMENT
This Loan Agreement DW640501 shall be executed in three or more counterparts, any of
which shall be regarded as an original and all of which constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on
its behalf by the Deputy Director and the Project Sponsor has caused this Agreement to be
executed on its behalf by its Authorized Representative and by its affixed seal. The effective
date of this Agreement shall be as set forth below by the Deputy Director.
for
CITY OF EDGEW ATER
City Manager
I attest to the opinion expressed in Section
2.02, entitled Legal Authorization.
Attest
City Clerk
City Attorney
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Depu ty Director
Division of Water Resource Management
Date
Attachment included as part of this Agreement:
Attachment A - Certification of Applicability to Single Audit Act Reporting
21
ATTACHMENT A
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM:
TO:
Total State Financial Ass{stance Expended during Grantee's most recently completed Fiscal Year:
$
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
$
I
INSTRUCTIONS FOR COMPLETING THE A 1'1' ACHMENT
Grantee Fiscal Year Period: FROM: MonthlY ear TO: MonthlY car
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTHfYEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
$
Total Federal Financial Assistance Expended during Grantees most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT .JUST THROUGH DEP.
$
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date ofthe signature.
CERTIFICA TION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTL Y ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement! Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
. entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine. You must submit a paper copy of your audit, we cannot receive it electronically.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2nd notice.
7. Question:
Can I submit my Certification Form or CAFR electronically?
Answer:
Yes, you can submit them by Email toDebbie.skelton@dep.state.f1.us
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. MARk A. HAMPTON, P.E.
BRAD T; BLAIS, P:E. U,'
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ANDREW M.,GIANNINI, P.E.
KEVIN A. LEE,P.E.,
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STATE OF FLORIDA
DEP ARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF EDGEWATER, FLORIDA
DRINKING WATER STATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
DW640511
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Bob Martinez Center
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
DRINKING WATER STA TE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT
CONTENTS
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
1.02. CORRELATIVE WORDS.
ARTICLE II - WARRANTIES, REPRESENT A TIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS.
2.02. LEGAL AUTHORIZATION.
2.03. AUDIT AND MONITORING REQUIREMENTS.
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS.
3.04. ASSETS HELD IN TRUST.
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
4.02. TITLE TO PROJECT SITE.
4.03. PERMITS AND APPROVALS.
4.04. ENGINEERING SERVICES.
4.05. PROHIBITION AGAINST ENCUMBRANCES.
4.06. COMPLETION MONEYS.
4.07. CLOSE-OUT.
4.08. LOAN DISBURSEMENTS.
ARTICLE V - RATES AND USE OF THE WATER AND SEWER SYSTEMS
5.01. RATE COVERAGE.
5.02. NO FREE SERVICE.
5.03. MANDATORY CONNECTIONS.
5.04. NO COMPETING SERVICE.
5.05. MAINTENANCE OF THE WATER AND SEWER SYSTEMS.
5.06. ADDITIONS AND MODIFICATIONS.
5.07. COLLECTION OF REVENUES.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
6.02. REMEDIES.
6.03. DELAY AND WAIVER.
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT.
7.02. ADDITIONAL DEBT OBLIGATIONS.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGA TrONS.
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DRINKING WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT
CONTENTS
PAGE
8.02. PROJECT RECORDS AND STATEMENTS.
8.03. ACCESS TO PROJECT SITE. .
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
8.05. AMENDMENT OF AGREEMENT.
8.06. ANNULMENT OF AGREEMENT.
8.07. SEVERABILITY CLAUSE.
8.08. RESERVED.
8.09. RESERVED.
8.10. COMPLIANCE VERIFICATION.
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ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO A WARD CONSTRUCTION CONTRACTS.
9.02. SUB MITT AL OF CONSTRUCTION CONTRACT DOCUMENTS.
9.03. INSURANCE REQUIRED.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
10.02. LOAN SERVICE FEE.
10.03. INTEREST RATE.
10.04. LOAN TERM.
10.05. REPAYMENT SCHEDULE.
10.06. PROJECT COSTS.
10.07. SCHEDULE.
10.08. SPECIAL CONDITION.
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ARTICLE XI - EXECUTION OF AGREEMENT
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DRINKING WATER ST ATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
DW640511
THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVJRONMENT AL PROTECTION (Department) and the CITY OF EDGEW A TER, FLORIDA,
(Project Sponsor) existing as a local governmental agency under the laws of the State of Florida.
WITNESSETH:
WHEREAS, pursuant to Section 403.8532, Florida Statutes, the Department is authorized to
make loans to finance or refinance the construction of public water systems, the planning and
design of which have been reviewed by the Department; and
WHEREAS, the Project Sponsor has made application for the financing of the Project, and the
Department has determined that such Project meets all requirements for a loan.
NOW, THEREFORE, in consideration of the Department loaning money to the Project Sponsor,
in the principal amount and pursuant to the covenants hereinafter set forth, it is agreed as
follows:
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
Words and terms used herein shall have the meanings set forth below:
(1) "Agreement" or "Loan Agreement" shall mean this consb'uction loan agreement.
(2) "ARRA" shall mean the American Recovery and Reinvestment Act of 2009.
(3) "Associated Loan" shall mean the money awarded to the Project Sponsor for the
Project by the Department pursuant to the Associated Loan Agreement and amendments
thereto.
(4) "Associated Loan Agreement" shall mean the Drinking Water SRF Loan Agreement,
Number DW640510, including amendments thereto, between the Project Sponsor and the
Department.
(5) "Authorized Representative" shall mean the official of the Project Sponsor
authorized by ordinance or resolution to sign documents associated with the Loan.
(6) "Capitalized Interest" shall mean the interest accruing on Loan proceeds from the
time of disbursement until six months before the first Semiannual Loan Payment is due.
Capitalized Interest is financed as part of the Loan principal.
, I
(7) "Depository" shall mean a bank or trust company, having a combined capital and
unimpaired surplus of not less than $50 million, authorized to transact commercial banking or
savings and loan business in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
(8) "Gross Revenues" shall mean all income or earnings received by the Project Sponsor
from the ownership or operation of its Water and Sewer Systems, including investment income,
all as calculated in accordance with generally accepted accounting principles. Gross Revenues
shall not include proceeds from the sale or other disposition of any part of the Water or Sewer
System, condemnation awards or proceeds of insurance, except use and occupancy or business
interruption insurance, received with respect to the Water or Sewer System.
(9) "Loan" shall mean the amount of money to be loaned pursuant to this Agreement
and subsequent amendments.
(IO) "Loan Application" shall mean the completed form which provides all information
required to support obtaining construction loan financial assistance.
(11) "Loan Debt Service Account" shall mean an account, or a separately identified
component of a pooled cash or liquid account, with a Depository established by the Project
Sponsor for the purpose of accumulating Monthly Loan Deposits and making Semiannual Loan
Payments.
(12) "Loan Service Fee" shall mean an origination fee which shall be paid to the
Department by the Project Sponsor.
(13) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Project
Sponsor to the Loan Debt Service Account.
(14) "Opera tion and Maintenance Expense" shall mean the costs of operating and
maintaining the Water and Sewer Systems determined pursuant to generally accepted
accounting principles, exclusive of interest on any debt payable from Gross Revenues,
depreciation, and any other items not requiring the expenditure of cash.
(15) "Pledged Revenues" shall mean the specific revenues pledged as security for
repayment of the Loan and the Associated Loan and shall be the Gross Revenues derived
yearly from the operation of the Water and Sewer Systems after payment of the Operation and
Maintenance Expense and the satisfaction of all yearly payment obligations on account of the
Senior Revenue Obligations and any senior obligations issued pursuant to Section 7.02 of this
Agreement. .
(16) "Project" shall mean the works financed by this Loan and the Associated Loan and
shall consist of furnishing all labor, materials, and equipment to construct the storage and
distribution project in accordance with the plans and specifications accepted by the Department
for the "Southeast Water Storage and Pump Station" contract.
The Project is in agreement with the Water Facilities Plan accepted by the Department
effective September 16, 2009. A Florida Finding of No Significant Impact was published on
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June 12, 2009 and no adverse comments were received. The Project is an Equivalency Project as
defined in Chapter 62-552, Florida Administrative Code. '
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(17) "Semiannual Loan Payment" shall mean the payn;tent due from the Project Sponsor
to the Department at six-month intervals. !
(I 8) "Senior Revenue Obligations" shall mean the fall~wing debt obligations:
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(a) City of Edgewater, Florida, Water and Sewer Rev~nue Note, Series 2002, issued in
the amount of $5,140,000, pursuant to Resolution No. 2002-R-Q6; and
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(b) City of Edgewater, Florida, Water and Wastewater System Refunding Revenue
Bond, Series 2009, issued in the amount of $8,147,125, pursuartt to Resolution No. 2009-R-31 as
supplemented by Resolution No. 2009-R-32; and
(c) Any refunding bonds issued to refund the obligations identified above provided
such bonds shall not increase annual debt service during the repayment period of this Loan.
(19) "Sewer System" shall mean all facilities owned by:the Project Sponsor for
collection, transmission, treatment and reuse of wastewater and its residuals.
(20) "Water System" shall mean all facilities owned bYlthe Project Sponsor for
supplying and distributing water for residential, commercial, ipdustrial, and governmental use.
1.02. CORRELA TNE WORDS. ;
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Words of the masculine gender shall be understood to include correlative words of the
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feminine and neuter genders. Unless the context shall otherwi:se indicate, the singular shall
include the plural and the word "person" shall include corponitions and associations, including
public bodies, as well as natural persons. !
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS
!
2.01. WARRANTIES, REPRESENT A TlONS AND COVENAN1iS.
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The Project Sponsor warrants, represents and covenant~ that:
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(I) The Project Sponsor has full power and authority to: enter into this Agreement and
to comply with the provisions hereof. :
(2) The Project Sponsor currently is not the subject of bankruptcy, insolvency, or
reorganization proceedings and is notin default of, or otherwise subject to, any agreement or
any law, administrative regulation, judgment, decree, note, res6lution, charter or ordinance
which would currently restrain or enjoin it from entering into, or complying with, this
Agreement. i
(3) There is no material action, suit, proceeding, inquir~ or investigation, at law or in
equity, before any court or public body, pending or, to the bestbf the Project Sponsor's
!
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knowledge, threatened, which seeks to restrain or enjoin the Project Sponsor from entering into
or complying with this Agreement. '
(4) All permits, real property interests, and approvals required as of the date of this
Agreement have been obtained for construction and use of the Project. The Project Sponsor
knows of no reason why any future required permits or approvals are not obtainable.
(5) The Project Sponsor shall undertake the Project on its own responsibility, to the
extent permitted by law.
(6) To the extent permitted by law, the Project Sponsor shall release and hold harmless
the State, its officers, members, and employees from any claim arising in connection with the
Project Sponsor's actions or omissions in its plamring, engineering, administrative, and
construction activities financed by this Loan or its operation of the Project.
(7) All Project Sponsor representations to the Department, pursuant to the Loan
Application and Agreement, were true and accurate as of the date such representations were
made.' The financial information delivered by the Project Sponsor to the Departmentwas
current and correct as of the date such information was delivered. The Project Sponsor shall
comply with Chapter 62-552, Florida Administrative Code, and all applicable State and Federal
laws, rules, and regulations which are identified in the Loan Application or Agreement.
Minority and Women's Business Enterprise goals as stated in the plans and specifications apply
to this Project. To the extent that any 'assurance, representation, or covenant requires a future
action, the Project Sponsor shall take such action as is necessary for compliance.
(8) The Project Sponsor shall maintain records using generally accepted accounti.iLg
principles established by the Governmental Accounting Standards Board. As part of its
bookkeeping system, the Project Sponsor shall keep accounts of the Water and Sewer Systems
separate from all other accounts and it shall keep accurate records of all revenues, expenses,
and expenditures relating to the Water and Sewer Systems, and of the Pledged Revenues, Loan
disbursement receipts, and Loan Debt Service Account.
(9) In the event the anticipated Pledged Revenues are shown by the Project Sponsor's
annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year
when due, the Project Sponsor shall include in such budget other legally available non-ad
valorem funds which will be sufficient, together with the Pledged Revenues, to make the
Semiannual Loan Payments. Such other legally available non-ad valorem funds shall be
budgeted in the regular annual governmental budget and designated for the purpose provided
by this Subsection, and the Project Sponsor shall collect such funds for application as provided
herein. The Project Sponsor shall notify the Department immediately in writing of any such
budgeting of other legally available non-ad valorem funds. Nothing in this covenant shall be
construed as creating a pledge, lien, or charge upon any such other legally available non~ad
valorem funds; requiring the Project Sponsor to levy or appropriate ad valorem tax revenues; or
preventing the Project Sponsor from pledging to the payment of any bonds or other obligations
all or any part of such other legally available non-ad valorem funds.
(10) Each year, beginning three months before the first Semiannual Loan Payment and
ending with the year during which tl1e final Loan repayment is made, the Project Sponsor's
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Authorized Representative or its chief financial officer shall submit, pursuant to the schedule
established in Section 10.07, a certification that: (a) Pledged Revenue collections satisfy the rate
coverage requirement; (b) the Loan Debt Service Account contains the funds required; and (c)
. insurance in effect for the facilities generating the Pledged Revenues adequately covers the
customary risks to the extent that such insurance is available.
(11) Pursuant to Section 216.347 of the Florida Statutes, the Project Sponsor shall not use
the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a
State agency.
(12) The Project Sponsor agrees to constTuct the Project in accordance with the Project
schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable
control of the Project Sponsor are excepted. If for any reason construction is not completed as
scheduled, there shall be no resulting diminution or delay in the Semiannual Loan Payment or
the Monthly Loan Deposit.
(13) The Project Sponsor covenants that this Agreement is entered into for the purpose
of constructing, refunding, or refinancing the Project which will in all events serve a public
purpose. 111e Project Sponsor covenants that it will, under all conditions, complete and operate
the Project to fulfill the public need.
2.02. LEGAL AUTHORIZATION.
Upon signing this Agreement the Project Sponsor's legal counsel hereby expresses the
opinion, subject to laws affecting the rights of creditors generally, that:
(1) nus Agreement has been duly authorized by the Project Sponsor and shall
constitute a valid and legal obligation of the Project Sponsor enforceable in accordance with its
terms upon execution by both parties; and
(2) This Agreement specifies the revenues pledged for repayment of the Loan, and the
pledge is valid and enforceable.
2.03. AUDIT AND MONITORING REQUIREMENTS.
The Project Sponsor agrees to the following audit and monitoring requirements.
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist
of the Pollowin
Federal State
Program Federal CFDA Funding Appropriation
Number Agency Number CFDA Title Amount Catel!ory
FS984522-090 EPA 66.468 Capitalization Grants $228,106 140129
for Drinking Water
State Revolving Fund
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(2) Audits.
(a) In the event that the Project Sponsor expends $500,000 or more in Federal awards in
its fiscal year, the Project Sponsor must have a single or program-specific audit conducted ill
accordance with the provisions of OMB Circular A-133, as revised. Subsection 2.03(1) of this
Agreement indicates that Federal funds are awarded through the Department by this
Agreement. In determining the Federal awards expended in its fiscal year, the Project Sponsor
shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Project Sponsor conducted by the Auditor General in accordance with
the provisions of OMB Circular A-133, as revised, will meet the requirements of this part.
(b) In connection with the audit requirements addressed in the preceding paragraph (a),
the Project Sponsor shall fulfill the requirements relative to auditee responsibilities as provided
in Subpart C of OMB Circular A-133, as revised.
(c) If the Project Sponsor expends less than $500,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. The Project Sponsor shall inform the.Department of findings and recommendations
pertaining to the State Revolving Fund in audits conducted by the Project Sponsor in which the
$500,000 threshold has not been met. In the event that the Project Sponsor expends less than
$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from Project Sponsor
resources obtained from other than Federal entities).
(d) The Project Sponsor may access information regarding the Catalog of Federal
Domestic Assistance (CFDA) via the internet at www.cfda.gov / index?cck=l&au=&ck=.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
Project Sponsor directly to each of the following:
(i) The Department at the following address:
Joe Aita, Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 41
Tallahassee, Florida 32399-3123
(ii) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133,
as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
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Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or
after January 1,2008, must be submitted using the Federal Clearinghouse's Internet
Data Entry System which can be found at http://harvester.census.gov / fac/
(iii) Other Federal agencies and pass-through entities in accordance with Sections
.320(e) and (f), OMB Circular A-133, as revised.
(b) Pursuant to Section .320(f), OMB Circular A-133, as revised, the Project Sponsor shall
submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as
revised, and any management letters issued by the auditor, to the Department at the address
listed under Subsection 2.03(3)(a) of this Agreement.
(c) Any reports, management letters, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(d) Project Sponsors, when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Project
Sponsor in correspondence accompanying the reporting package.
(4) Project-Specific Audit.
Within 12 months.after the amendment establishing final Project costs, the Project
Sponsor shall submit to the Department a Project-specific audit report for the Loan related
revenues and expenditures. The audit shall address Loan disbursements received, Project
expenditures, and compliance with Loan Agreement covenants. The Project Sponsor shall
cause the auditor to notify the Department immediately if anything comes ~o the auditor1s
attention during the examination of records that would constitute a default under the Loan
Agreement. The audit findings shall set aside or question any costs that are unallowable under
Chapter 62-503, Florida Administrative Code. A final determination of whether such costs are
allowed shall be made by the Department.
(5) Record Retention.
The Project Sponsor shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five years from the date the audit report is issued,
and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Project Sponsor shall ensure that audit working
papers are made available to the Department, or its designee, Chief Financial Officer, or
Auditor General upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Department.
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The Project Sponsor is hereby advised that the Federal and/ or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. For federal financial assistance, the Project Sponsor shall utilize the guidance
provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the
relationship represents that of a subrecipient or vendor.
The Project Sponsor should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these
requirements.
In addition, the Project Sponsor agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting, Attachment A, attached hereto and made a part
hereof, within four (4) months following the end of the Project Sponsor's fiscal year.
Attachment A should be submi~ted to the Department's Grants Development and Review
Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000.
The Grants Development and Review Manager is available to answer any questions at
(850) 245-2361.
(6) Monitoring.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see audit requirements above), monitoring procedures may include, but not be limited
to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as
revised, and/or other procedures. By entering into this Agreement, the Project Sponsor agrees
to comply and cooperate with any monitoring procedures/ processes deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the
Project Sponsor is appropriate, the Project Sponsor agrees to comply with any additional
instructions provided by the Department to the Project Sponsor regarding such audit. The
Project Sponsor further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
The Project Sponsor shall establish a Loan Debt Service Account with a Depository and
begin making Monthly Loan Deposits no later than the date set forth for such action in
Section 10.07 of this Agreement.
Beginning six months prior to each Semiannual Loan Payment, the Project Sponsor shall
make six Monthly Loan Deposits. The first five deposits each shall be at least equal to one-sixth
of the Semiannual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal to the
amount required to make the total on deposit in the Loan Debt Service Account equal to the
Semiannual Loan Payment amount, taking into consideration investment earnings credited to
the account pursuant to Section 3.02.
Any month in which the Project Sponsor fails to make a required Monthly Loan
Deposit, the Project Sponsor's chief financial officer shall notify the Department of such failure.
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In addition, the Project Sponsor agrees to budget, by amendment if necessary, payment to the
Department from other legally available non-ad valorem funds all sums becoming due before
the same become delinquent. This requirement shall not be construed to give superiority to the
Department's claim on any revenues over prior claims of general creditors of the Project
Sponsor, nor shall it be construed to give the Department the power to require the Project
Sponsor to levy and collect any revenues other than Pledged Revenues.
3.02. INVESTMENT OF LOAN DEBT SERVlCE ACCOUNT MONEYS.
Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the
laws of the State of Florida. Such moneys may be pooled for investment purposes. The
maturity or redemption date of investments shall be not later than the date upon which such
moneys may be needed to make Semiannual Loan Payments. The investment earnings shall be
credited to the Loan Debt Service Account and applied toward the Monthly Loan Deposit
requirements.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRA W ALS.
The withdrawal of moneys from the Loan Debt Service Account shall be for the sole
purpose of making the Semiannual Loan Payment or for discharging the Project Sponsor's
obligations pursuant to Section 8.01.
3.04. ASSETS HELD IN TRUST.
The assets in all accounts created under this Loan Agreement shall be held in trust for
the purposes provided herein and used only for the purposes and in the manner prescribed in
this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor
of the Department.
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
Project changes prior to bid opening shall be made by addendum to plans and
specifications. Changes after bid opening shall be made by change order. The Project Sponsor
shall submit all addenda and all change orders to the Department for an eligibility
determination. After execution of all construction, equipment and materials contracts, the
Project contingency may be reduced.
4.02. TITLE TO PROJECT SITE.
The Project Sponsor shall have an interest in real property sufficient for the construction
and location of the Project free and clear of liens and encumbrances which would impair the
usefulness of such sites for the intended use.
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4.03. PERMITS AND APPROVALS.
The Project Sponsor shall have obtained, prior to the Department's authorization to
award construction contracts, all permits and approvals required for construction of the Project
or portion of the Project funded under this Agreement.
4.04. ENGINEERING SERVICES.
A professional engineer, registered in the State of Florida, shall be employed by, or
under contract with, the Project Sponsor to oversee construction.
4.05. PROHIBITION AGAINST ENCUMBRANCES. .
The Project Sponsor is prohibited from selling, leasing, or disposing of any part of the
Water or Sewer System which would materially reduce operational integrity or Gross Revenues
so long as this Agreement, including any amendments thereto, is in effect unless the written
consent of the Deparbnent is first secured.
4.06. COMPLETION MONEYS.
In addition to the proceeds of this Loan, the Project Sponsor covenants that it has
obtained, or will obtain, sufficient moneys from other sources to complete constTuction and
place the Project in operation on, or prior to, the date specified in Article X. Failure of the
Department to approve additional financing shall not constitute a waiver of the Project
Sponsor's covenants to complete and place the Project in operation.
4.07. CLOSE-OUT.
The Department shall conduct a final inspection of the Project and Project records.
Following the inspection, deadlines for submitting additional disbursement requests, if any,
shall be established, along with deadlines for uncompleted Loan requirements, if any.
Deadlines shall be incorporated into the Loan Agreement by amendment. The Loan principal
shall be reduced by any excess over the amount required to pay all approved costs. As a result
of such adjuSbnent, the Semiannual Loan Payment shall be reduced accordingly, as addressed
in Section 10.05.
4.08. LOAN DISBURSEMENTS.
Disbursements shall be made only by the State Chief Financial Officer and only when
the requests for such disbursements are accompanied by a Department certification that such
withdrawals are proper expenditUres. Disbursements shall be made directly to the Project
Sponsor for engineering and administrative allowances, and reimbursement of the incurred
construction costs and related services. Disbursement of the allowances shall be made upon the
Department's receipt of a disbursement request form. Disburse~ents for materials, labor, or
services shall be made upon receipt of the following:
(1) A completed disbursement request form signed by the Authorized Representative.
Such requests must be accompanied by sufficiently itemized summaries of the materials, labor,
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or services to identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work.
(2) A certification signed by the Authorized Representative as to the current estimated
costs of the Project; that the materials, labor, or services represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all ftmds
received to date have been applied toward completing the Project; and that under the terms
and provisions of the contracts, the Project Sponsor is required to make such payments.
(3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily purchased, or received, and applied to the Project in accordance with construction
contract documents; stating that payment is in accordance with construction contract
provisions; stating that construction, up to the point of the requisition, is in compliance with the
contract documents; and identifying all additions or deletions to the Project which have altered
the Project's performance standards, scope, or purpose since the issue of the Department
construction permit.
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the Department.
ARTICLE V - RATES AND USE OF THE WATER AND SEWER SYSTEMS
5.01. RATE COVERAGE.
The Project Sponsor shall maintain rates and charges for the services furnished by the
Water and Sewer Systems which will be sufficient to provide, in each Fiscal Year, Pledged
Revenues equal to or exceeding 1.15 times the sum of the Semiannual Loan Payments due in
such Fiscal Year. In addition, the Project Sponsor shall satisfy the coverage requirements of all
senior and parity debt obligations.
5.02. NO FREE SERVICE.
TIle Project Sponsor shall not permit connections to, or furnish any services afforded by,
the Water or Sewer System without making a charge therefor based on the Project Sponsor's
uniform schedule of rates, fees, and charges.
5.03. MANDA TORY CONNECTIONS.
The Project Sponsor shall adopt, as necessary, and enforce requirements, consistent with
applicable laws, for the owner, tenant or occupant of each building located on a lot or parcel of
land which is served, or may reasonably be served, by the Sewer System to connect such
building to the Sewer System.
5.04. NO COMPETING SERVICE.
The Project Sponsor shall not allow any person to provide any services which would
compete with the Water or Sewer System so as to adversely affect Gross Revenues.
II
5.05. MAINTENANCE OF THE WATER AND SEWER SYSTEMS.
The Project Sponsor shall operate and maintain the Water and Sewer Systems in a
proper, sound and economical manner and shall make all necessary repairs, renewals and
replacements.
5.06. ADDITIONS AND MODIFICATIONS.
The Project Sponsor may make any additions, modifications or improvements to the
Water and Sewer Systems which it deems desirable and whicn do not materially reduce the
operational integrity of , any part of the Water or Sewer System. All such renewals,
replacements, additions, modifications and improvements shall become part of the Water and
Sewer Systems.
5.07. COLLECTION OF REVENUES.
The Project Sponsor shall use its best efforts to collect all rates, fees and other charges
due to it. The Project Sponsor shall establish liens on premises served by the Water or Sewer
System for the amount of all delinquent rates, fees and other charges where such action is
permitted by law. The Project Sponsor shall, to the full extent permitted by law, cause to
discontinue the services of the" Water and Sewer Systems and use its best efforts to shut off
water service furnished to persons who are delinquent beyond customary grace periods in the
payment of Water and Sewer System rates, fees and other charges.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
Each of the following events is hereby declared an event of default:
(1) Failure to make any Monthly Loan Deposit or to make any installment of the
Semiannual Loan Payment when it is due and such failure shall continue for a period of 30
days. .
(2) Except as provided in Subsections 6.01(1) and 6.01(7), failure to comply with the
provisions of this Agreement or failure in the performance or observance of any of the
covenants or actions required by this Agreement and such failure shall continue for a period of
60 days after written notice thereof to the Project Sponsor by the Department.
(3) Any warranty, representation or other statement by, or on behalf of, the Project
Sponsor contained in this Agreement or in any information furnished in compliance with, or in
reference to, this Agreement, which is false or misleading.
(4) An order or decree entered, with the acquiescence of the Project Sponsor,
appointing a receiver of any part of the Water or Sewer System or Gross Revenues thereof; or if
such order or decree, having been entered without the consent or acquiescence of the Project
Sponsor, shall not be vacated or discharged or stayed on appeal within 60 days after the entry
thereof.
12
(5) Any proceeding instituted, with the acquiescence of the Project Sponsor, for the
purpose of effecting a composition between the Project Sponsor and its creditors or for the
purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now
or hereafter enacted, if the claims of such creditors are payable from Gross Revenues of the
Water or Sewer System.
(6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against,
the Project Sponsor under federal or state bankruptcy or insolvency law now or hereafter in
effect and, if instituted against the Project Sponsor, is not dismissed within 60 days after filing.
(7) Failure of the Project Sponsor to give immediate written notice of default to the
Department and such failure shall continue for a period of 30 days.
6.02. REMEDIES.
Upon any event of default and subject to the rights of others having prior liens on the
Pledged Revenues, the Department may enforce its rights by any of the following remedies:
(1) By mandamus or other proceeding at law or in equity, cause to establish rates and
collect fees and charges for use of the Water and Sewer Systems, and to require.the Project
Sponsor to fulfill this Agreement.
(2) By action or suit in equity, require the Project Sponsor to account for all moneys
received from the Department or from the ownership of the Water and Sewer Systems and to
account for the receipt, use, application, or disposition of the Pledged Revenues.
(3) By action or suit in equity, enjoin any acts or things which may be unlawful or in
violation of the rights of the Department.
(4) By applying to a court of competent jurisdiction, cause to appoint a receiver to
manage the Water and Sewer Systems, establish and collect fees and charges, and apply the
revenues to the reduction of the obligations under this Agreement.
(5) By certifying to the Auditor General and the Chief Financial Officer delinquency on
loan repayments, the Department may intercept the delinquent amount plus six percent,
expressed as an annual interest rate, penalty of the amount due to the Department from any
unobligated funds due to the Project Sponsor under any revenue or tax sharing fund
established by the State, except as otherwise provided by the State Constitution. Penalty
interest shall accrue on any amount due and payable beginning on the 30th day following the
date upon which payment is due.
(6) By notifying financial market credit rating agencies and potentiai creditors.
(7) By suing for payment of amounts due, or becoming due, with interest on overdue
payments together with all costs of collection, including attomeysl fees.
(8) By accelerating the repayment schedule or increasing the interest rate on the unpaid
principal of the Loan to as much as 1.667 tirnesthe Loan interest rate for a default under
Subsection 6.01(1).
]3
6.03. DELAY AND WANER.
No delay or omission by the Department to exercise any right or power accruing upon
event of default shall impair any such right or power or shall be construed to be a waiver of any
such default or acquiescence therein, and every such right and power may be exercised as often
as may be deemed expedient. No waiver or any default under this Agreement shall extend to
or affect any subsequent event of default, whether of the same or different provision of this
Agreement, or shall impair consequent rights or remedies.
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT.
From and after the effective date of this Agreement, the Department shall have a lien on
the Pledged Revenues, which along with any other Department State Revolving Fund liens on
. the Pledged Revenues, on equal priority, will be prior and superior to any other lien, pledge or
assignment with the following exception. All obligations of the Project Sponsor under this
Agreement shall be junior, inferior, and subordinate in all respects in right of payment and
security to the Senior Revenue Obligations defined in Section 1.01 of this Agreement and to any
additional senior obligations issued with the Department's consent pursuant to Section 7.02.
Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor
of the. Department if the Department makes a determination, based upon facts deemed
sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year,
equal or exceed 1.15 times the debt service coming due in each Fiscal Year under the terms of
this Agreement.
7.02. ADDITIONAL DEBT OBLIGATIONS.
The Project Sponsor may issue additional debt obligations on a parity with, or senior to,
the lien of the Department on the Pledged Revenues provided the Department's written
consent is obtained. Such consent shall be granted if the Project Sponsor demonstrates at the
time of such issuance that the Pledged Revenues, which may take into account reasonable
projections of growth of the Water and Sewer Systems and revenue increases, plus revenues to
be pledged to the additional proposed debt obligations will, during the period of time
Semiannual Loan Payments are to be made under this Agreement, equal or exceed 1.15 times
the annual combined debt service requirements of this Agreement and the obligations
proposed to be issued by the Project Sponsor and will satisfy the coverage requirements of all
other debt obligations secured by the Pledged Revenues. However, no such consent is required
with respect to issuance of Senior Revenue Obligations as defined in Section 1.01.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
All payments required to be made under this Agreement shall be cumulative and any
deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year and
all years thereafter until fully paid. Payments shall continue to be secured by this Agreement
14
until all of the payments required shall be fully paid to the Department. If at any time the
Project Sponsor shall have paid, or shall have made provision for the timely payment of, the
entire principal amount of the Loan and interest, the pledge of, and lien on, the Pledged
Revenues to the Department shall be no longer in effect. Deposit of sufficient cash, securities,
or investments, authorized by law from time to time, may be made to effect defeasance of this
Loan. However, the deposit shall be made in irrevocable trust with a banking institution or
trust company for the sole benefit of the Department. There shall be no penalty imposed by the
Department for early retirement of this Loan.
8.02. PROJECT RECORDS AND STATEMENTS.
Books, records, reports, engineering documents, contract documents, and papers shall
be available to the authorized representatives of the Department and the U.s. Environmental
Protection Agency's Inspector General for inspection at any reasonable time after the Project
Sponsor has received a disbursement and until five years after the date that the Project-specific
audit report, required under Subsection 2.03(4), is issued.
8.03. ACCESS TO PROJECT SITE.
The Project Sponsor shall provide access to Project sites and administrative offices to
authorized representatives of the Deparl:Inent at any reasonable time. The Project Sponsor shall
cause its engineers and contractors to cooperate during Project inspections, including making
available working copies of plans and specifications and supplementary materials.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Department may assign any part of its rights under this Agreement after
notification to the Project Sponsor. The Project Sponsor shall not assign rights created by this
Agreement without the written consent of the Department.
8.05. AMENDMENT OF AGREEMENT.
This Agreement may be amended in writing, except that no amendment shall be
permitted which is inconsistent with statutes, rules, regulations, executive orders, or written
agreements between the Department and the u.s. Environmental Protection Agency. This
Agreement may be amended after all construction contracts are executed to re-establish the
Project cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. A final
amendment establishing the final Project costs shall be completed after the Department's final
inspection of the Project records.
8.06. ANNULMENT OF AGREEMENT.
The Department may unilaterally annul this Agreement if the Project Sponsor has not
drawn any of the Loan proceeds by the date set in Section 10.07 for establishing the Loan Debt
Service Account. If the Department unilaterally annuls this Agreement, the Department will
provide written notification to the Project Sponsor.
15
8.07. SEVERABILITY CLAUSE.
If any provision of this Agreement shall be held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had
not been contained herein.
8:08. RESERVED.
8.09. RESERVED.
8.10. COMPLIANCE VERIFICATION.
(1) The Local Government shall periodically interview a sufficient number of
employees entitled to Davis-Bacon prevailing wages (covered employees) to verify that
contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR
5.6(a)(6), all interviews must be conducted in confidence. The Local Government must use
Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the
SF 1445 are available from EPA on request.
(2) The Local Government shall establish and follow an interview schedule based on
its assessment of the risks of noncompliance with Davis-Bacon posed by contractors or
subcontractors and the duration of the contract or subcontract. At a minimum, the Local
Government must conduct interviews with a representative group of covered employees within
two weeks of each contractor or subcontractor's submission of its initial weekly payroll data.
and two weeks prior to the estimated completion date for the contract or subcontract. Local
Governments must conduct more frequent interviews if the initial interviews or other
information indicates that there is a risk that the contractor or subcontractor is not complying
with Davis-Bacon. Local Governments shall immediately conduct necessary interviews in
response to an alleged violation of the prevailing wage requirements. All interviews shall be
conducted in confidence.
(3) The Local Government shall periodically conduct spot checks of a representative
sample of weekly payroll data to verify that contractors or subcontractors are paying the.
appropriate wage rates. The Local Government shall establish and follow a spot check schedule
based on its assessment of the risks of noncompliance with Davis-Bacon posed by contractors
or subcontractors and the duration of the contract or subcontract. At a minimum, the Local
Government must spot check payroll data within two weeks of each contractor or
subcontractor's submission of its initial payroll data and two weeks prior to the completicm
date the contract or subcontract. Local Governments must conduct more frequent spot checks if
the initial spot check or other information indicates that there is a risk that the contractor or
subcontractor is not complying with Davis-Bacon. In addition, during the examinations the
Local Government shall verify evidence of fringe benefit plans and payments thereunder by
contractors and subcontractors who claim credit for fringe benefit contributions.
(4) The Local Government shall periodically review contractors and subcontractors use
of apprentices and trainees to verify registration and certification with respect to apprenticeship
and training programs approved by either the V.S Department of Labor (DOL) or a state, as
appropriate, and that contractors and subcontractors are not using disproportionate numbers
16
oC laborers, trainees and apprentices. These reviews shall be conducted in accordance with the
schedules for spot checks and interviews described in items (2) and (3) above.
(5) Local Governments must immediately report potential violations of the Davis-
Bacon prevailing wage requirements to the EP A Davis-Bacon contact Sheryl Parsons at
Parsons.5heryl@epamail.epa.gov and to the appropriate DOL Wage and Hour District Office
listed at http://www.do1.gov/esa/contacts/whd/america2.htm.
ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS.
The following documentation is required to receive the Department's authorization to
award construction contracts:
(1) Proof of advertising.
(2) Award recommendation, bid proposal, and bid tabulation (certified by the
responsible engineer).
(3) Certification of compliance with the conditions of the Department's approval of
competitively or non-competitively negotiated procurement, if applicable.
(4) Certification Regarding Disbarment, Suspension, Ineligibility and Voluntary
Exclusion.
(5) Certification by the Authorized Representative that affirmative steps were taken to
encourage Minority and Women's Business Enterprises participation in Project construction.
(6) Current certifications for Minority and Women's Business Enterprises participating
in the contract. If the goals as stated in the plans and specifications are not met, documentation
of actions taken shall be submitted.
(7) Assurance that the Local Government and contractors are in compliance with
Section 1606 with labor standards, including prevailing wage rates established for its locality by
the U.S. Department of Labor under the Davis-Bacon Act for Project construction.
(8) Certification that all procurement is incompliance with Section 1605 of the ARRA,
which states that all iron, steel, and manufactured goods used in the Project must be
manufactured or assembled in the United States unless (a) a waiver is provided to the Project
Sponsor by the Environmental Protection Agency (EP A) or (b) compliance would be
inconsistent with United States obligations under international agreements.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS.
After the Department's authorization to award construction contracts has been received,
the Project Sponsor shall submit:
17
(1) Contractor insurance certifications,
(2) Executed Contract(s).
(3) Notices to proceed with construction.
9.03. INSURANCE REQUIRED.
The Project Sponsor shall cause the Project, as each part thereof is certified by the
engineer responsible for overseeing construction as completed, and the Water and Sewer
Systems (hereafter referred to as "Revenue Producing Facilities") to be insured by an insurance
company or companies licensed to do business in the State of Florida against such damage and
destruction risks as are customary for the operation of Revenue Producing Facilities of like size,
type and location to the extent such insurance is obtainable &om time to time against anyone
or more of such risks.
TIle proceeds of insurance policies received as a result of damage to, or destruction of,
the Project or the other Revenue Producing Facilities, shall be used to restore or replace
damaged portions of the facilities. If such proceeds arc insufficient, the Project Sponsor shall
provide additional funds to restore or replace the damaged portions of the facilities. Repair,
construction or replacement shall be promptly completed.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
The estimated principal amount of the Loan is $229,906, which consists of $228,106 to be
disbursed to the Project Sponsor and $1,800 of Capitalized Interest.
Capitalized interest is not disbursed to the Project Sponsor, but is amortized via periodic
loan repayments to the Department as if it were actually disbursed. Capitalized interest is
computed at the interest rate, or rates, set for the Loan. It accrues and is compounded annually
from the time when disbursements are made until six months before the first Semiannual Loan
Payment is due. Capitalized Interest is estimated prior to establishing the schedule of actual
disbursements.
10.02. LOAN SERVICE FEE.
The Loan Service Fee is $4,562 for the Loan amount authorized to date. The fee
represents lwo percent of the Loan amount excluding Capitalized Interest; that is, two percent
of $288,106. An additional Loan Service Fee amount will be assessed for any additional
funding provided by amendment to this Agreement. The fee shall be adjusted downward if
adjuslment of Project costs results in a Loan decrease, provided that the decrease amendment is
executed before the first Semiannual Loan Payment due date.
Interest shall accrue on the Loan Service Fee at the rate, or rates, set for the Loan unlil
the fee is paid. Loan Service Fee interest shall be compounded annually from the effective date
18
of the Loan until six months before the first Semiannual Loan Payment is due at which time it is
capitalized. The estimated Loan Service Fee capitalized interest is $70.
10.03. INTEREST RATE.
The rate of interest on the unpaid principal of the Loan amount specified in
Section 10.01 is 2.61 per,cent per annum; however, if this Agreement is not executed by the
Project Sponsor and returned to the Department before October I, 2010, the interest rate may be
adjusted. A separate interest rate shall be established for any additional'funds provided by
amendment to this Agreement.
10.04. LOAN TERM.
The Loan shall be repaid in 40 Semiannual Loan Payments.
10.05. REPAYMENT SCHEDULE.
The Semiannual Loan Payment shall be computed based upon the principal amount of
the Loan plus the Loan Service Fee and Loan Service Fee capitalized interest and the principle
of level debt service. The Department will deduct the Loan Service Fee and all associated
interest from the first two payments. The Semiannual Loan Payment amount may be adjusted,
by amendment of this Agreement, based upon revised information. After the final
disbursement of Loan proceeds, the Semiannual Loan Payment shall be based upon the actual
Project costs and actual dates and amounts of disbursements, taking into consideration any
previous payments. Actual Project costs shall be established after the Department's inspection
of the completed Project and associated records.
Each Semiannual Loan Payment shall be in the amount of $7,564 until the payment
amount is adjusted by amendment. The interest portion of each Semiannual Loan Payment
shall be computed on the unpaid balance of the principal amount of the Loan, including
Capitalized Interest. Interest also shall be computed on the unpaid balance of the Loan Service
Fee and Loan Service Fee capitalized interest. Interest shall be computed as of the due date of
each Semiannual Loan Payment.
Semiannual Loan Payments shall be received by the Department begirming on
November 15, 2011 and semiannually thereafter on May 15 and November 15 of each year until
all amounts due hereunder have been fully paid. Funds transfer shall be made by electronic
means.
The Semiannual Loan Payment amount is based on the total amount owed of $234,538,
which consists of the Loan principal plus the Loan Service Fee with its capitalized interest.
10.06. PROJECT COSTS.
The Project Sponsor and the Department acknowledge that the actual Project costs have
not been determined as of the effective date of this Agreement. Project cost adjustments may be
made as a result of mutually agreed upon Project changes. Capitalized Interest will be
recalculated based on actual dates and amounts of Loan disbursements. If the Project Sponsor
receives other govemmental financial assistance for this Project, the costs funded by such other
19
governmental assistance will not be financed by this Loan. The Department shall establish the
final costs after its final inspection of the Project records. Changes in Project costs may also
occur as a result of the Project Sponsor1s Project audit or a Department audit. The Project
Sponsor agrees to the following estimates of Project costs:
PROJECT COSTS
TOTAL ARRA Loan Companion
LINElTEM COSTS DW640510 DW640511
Administrative Allowance 12,000 0 12,000
Engineering Allowance 132,181 0 132,181
Construction 1,678,497 1,678,497 0
Technical Services 134,813 134,813 0
Contingency 83,925 0 83,925
Subtotal (Disbursable Amount) 2,041,416 1,813,310 228,106
Estimated Principal Forgiveness (1,541,313) (1,541,313) 0
Subtotal (Loan Amount) 500,103 271,997 228,106
Estimated Capitalized Interest 6,900 5,100 1,800
Total (Loan Principal Amount) 507,003 277,097 229,906
10.07. SCHEDULE.
The Project Sponsor agrees by execution hereof:
(1) Completion of Project construction is scheduled for May 15,2011.
(2) The Loan Debt Service Account shall be established and Monthly Loan Deposits
shall begin no later than May 15,2011.
(3) The initial annual certification required under Subsection 2.01(10) of this
Agreement shall be due August 15,2011. Thereafter the certification shall be submitted no later
than September 30 of each year until the final Semiannual Loan Payment is made.
(4) The first Semiannual Loan Payment in the amount of $7,564 shall be due
~ovember15,2011.
10.08. SPECIAL CO~DlTlO~.
Project costs, as provided for in this Loan and the Associated Loan shall be reviewed,
and may be adjusted, once the final Project costs have been established.
REMAINDER OF P AGE I~TEmIO~ALL y LEFT BLA~K
20
ARTICLE XI - EXECUTION OF AGREEMENT
This Loan Agreement DW640511 shall be executed in three or more counterparts, any of
which shall be regarded as an original and all of which constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on
its behalf by the Deputy Director and the Project Sponsor has caused this Agreement to be
executed on its behalf by its Authorized Representative and by its affixed seal. The effective
date of this Agreement shall be as set forth below by the Deputy Director.
for
CITYOFEDGEWATER
City Manager
I attest to the opinion expressed in Section
2.02, entitled Legal Authorization.
Attest
City Clerk
City Attorney
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Deputy Director
Division of Water Resource Management
Date
Attachment included as part of this Agreement:
Attachment A - Certification of Applicability to Single Audit Act Reporting
2]
ATTACHMENT A
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM:
TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
$
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
$
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: TillS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
{MONTH/YEAR)o
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEPo
$
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEPo
$
The Certification should be signed by your Chief Financial Officer.
Please print thc name and include the title and date of the signature.
,.(
CERTIFICA TION OF APPLICABILITY TO SINGLE AUDIT ACT REI>ORTING
FREQUENTL Y ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement! Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification fonn.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the fOlill.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine. You must submit a paper copy of your audit, we cannot receive it electronically.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2nd notice.
7. Question:
Can I submit my Certification Form or CAFR electronically?
Answer:
Yes, you can submit them by Email toDebbie.skelton@dep.state.fl.us