HomeMy WebLinkAboutAgenda Packet 09-02-1997;ity of Cape Canaveral
14CM REGULAR MEETING
[TY HALL ANNEX
mue, Cape Canaveral, Florida
TUESDAY
September 2, 1997
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
Employees of the Quarter: Kim McIntire and Greg Mullins
CONSIDERATIONS:
1. Motion to Approve: August 15, 1997, Special City Council Meeting Minutes
2. Motion to Approve: Professional Planning Services, Agreement with Ivey, Harris & Walls,
Inc.
3. Motion to Approve: Addendum to the Sewage Franchise Agreement with the Canaveral
Port Authority
4. Motion to Approve: Interlocal Agreement with the Canaveral Port Authority, SR Al A
sidewalks
S. Motion to Approve: Auction of Surplus Items
6. Motion to Approve: Reclaimed Water Installation Policy
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105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX 1407) 799-3170
City Council Regular Meeting Agenda
September 2, 1997
Page 2
RESOLUTIONS:
7. Motion to Approve: Resolution No. 97-22, appointing a City Council
Representative to the Brevard Water Supply Board.
A RESOLUTION APPOINTING AS REPRESENTATIVE TO THE
BREVARD WATER SUPPLY BOARD TO REPRESENT THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA DURING THE DEVELOPMENT OF A LONG RANGE
WATER SUPPLY PLAN FOR BREVARD COUNTY BY THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT.
8. Motion to Approve: Resolution No. 97-23, appointing a Regular Member and a
First Alternate Member to the Library Board.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE (1) REGULAR MEMBER AND ONE (1) FIRST ALTERNATE MEMBER TO THE
LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
9. Motion to Approve: Resolution No. 97-24, appointing an Alternate Member to the
Library Board.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA, PROVIDING FOR AN EF FECTIVE DATE.
10. Motion to Approve: Resolution No. 97-25, appointing an Alternate Member to the
Beautification Board.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
11. Motion to Approve: Resolution No. 97-26, re -appointing Beatrice McNeeley,
Donald Bergen, Joe Elliott, and Leo Nicholas to the Planning
and Zoning Board.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING REGULAR MEMBERS AND AN ALTERNATE MEMBER TO THE PLANNING
AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
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City Council Regular Meeting Agenda
September 2, 1997
Page 3
ORDINANCES:
PUBLIC HEARING - SECOND READING
12. Motion to Adopt: Ordinance 08-97, Wireless Telecommunications
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
ESTABLISHING CODE SECTION 110.482 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS"; PROVIDING DEFINITIONS;
PROVIDING FOR PERMITTED LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED USES,
ACCESSORY USES, AND SPECIAL EXCEPTIONS; AND PROVIDING FOR PERMITS AND LEASE
AGREEMENTS; AND AMENDING SECTION 110-354, SPECIAL EXCEPTIONS PERMISSIBLE BY
THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
13. Motion to Adopt: Ordinance 09-97, Earth Station Antennas
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110-1, DEFINITIONS, AND
SECTION 110-478, EARTH STATION ANTENNAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIOS; AND
PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARING - FIRST READING
14. Ordinance No. 11-97, Vacating And Abandoning A Portion Of The Right Of Way
Extension Of Port Road, Reserving an easement for public utilities.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE PROPOSED RIGHT OF WAY EXTENSION OF PORT'
ROAD; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
DISCUSSION:
15. Contract Extension for Garbage Collection and Recycling Services.
16. CCVFD Contract for Fire and Emergency Medical Services.
17. 1997/98 Law Enforcement Contract.
18. Reclaimed Water Service Agreement with the Canaveral Port Authority.
19. SSA Fee Proposal for pavement Testing and Design of Commerce Street, in the amount of
$17,000
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City Council Regular Meeting Agenda
September 2, 1997
Page 4
REPORTS:
20. City Manager's Report
FINAL PLAT APPROVALS
21. Motion to Approve:
22. Motion to Approve
Adams Townhomes Final Plat
Wayne's World Final Plat
PERMIT EXTENSION REQUEST
23. Motion to Approve: Request for Extension -Demolition Permit #97-00363, for 615
Washington Avenue, by Mr. Donald Applegate
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit
their comments to five (5) minutes. The City Council will not take any action under the "Audience Tp
Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act
upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. This notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed
by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the
City Clerk's office (868-1221) 48 hours in advance of the meeting.
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CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
FRIDAY
August 15, 1997
4:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Clerk, Sandra Sims
Public Works Director, Ed Gardulski
Recreation Director, Nancy Hanson
CONSIDERATIONS:
Bid Award - Timber Pedestrian Bridge to Custom Docks (Tape 1, )
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to award the timber
pedestrian bridge construction to Custom Docks in the amount of $21,300, which includes
Option A. Bridge construction will begin within 30 days of the bid award and receipt of permits
from the Florida Department of Transportation and St. Johns River Water Management District.
Mr. John Pekar, Stottler, Starmer & Associates Engineers, reported that the Florida Department
of Environmental Protection has given verbal approval and the Department of Transportation
has commented concern for the handrails only. The motion passed 5-0 with voting as follows:
Mr. Bruns, for; Mr. Hernandez, for; Mr. Petsos, for; Mayor Porter, for; and Mayor Pro Tem
Randels, for.
2. Bid Award - Tennis Courts Resurfacing to D & B Tennis (Tape 1, 220)
A motion was made by Mr. Randels and seconded by Mr. Bruns to the tennis courts resurfacing
bid to D&B Tennis, in the amount of $8,925. City Manager, Bennett Boucher, reported that the
project would resurface all five (5) tennis courts. The budget for this project is $11,500.
Recreation Director, Nancy Hanson, stated that the company's references have been checked
d:\cityclerk\cityclk\minutes\special\19971bids & purchases 08-15-97.doc
City Council Special Meeting Minutes
August 15, 1997
Page 2
and that she supports the low bid award. The motion passed 5-0 with voting as follows: Mr.
Bruns, for; Mr. Hernandez, for; Mr. Petsos, for; Mayor Porter, for; and Mayor Pro Tem
Randels, for.
3. State Contract - Computer Purchases (Public Works) (Tape 1, 240)
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Public
Works computer equipment purchase through State Contract with Respect of Florida, in the
amount of $7,038. Council concurred that all computer purchases, operating systems and
software applications must be compatible with the city's main information systems, working
toward interactivity and uniformity. The motion passed 5-0 with voting as follows: Mr. Bruns,
for; Mr. Hernandez, for; Mr. Petsos, for; Mayor Porter, for; and Mayor Pro Tem Randels, for.
4. Cooperative Purchase of a trailer mounted air compressor (Tape 1, 408)
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the trailer
mounted air compressor, in the amount of $11,407, through cooperative purchase with the City
of Melbourne from Hertz Equipment Rental. The motion passed 5-0 with voting as follows: Mr.
Bruns, for; Mr. Hernandez, for; Mr. Petsos, for; Mayor Porter, for; and Mayor Pro Tem
Randels, for.
Discussion:
Temporary Skateboard Park
Mayor Porter queried if it would be feasible to construct a temporary skateboard ramp over
some of the shuffleboard courts at the Recreation Center. City Manager, Bennett Boucher,
stated that the Florida League of Cities is unable to cover the liability insurance for the
structure. Mr. Petsos reported that he approached the County Commission to participate in
funding a skateboard park and received a negative response. Council concurred to continue the
joint effort with the City of Cocoa Beach and the YMCA.
There being no further discussion, the meeting adjourned at 4:45 p.m.
ATTEST:
Sandra Rozar Sims, CITY CLERK
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John K. Porter, MAYOR
City Council Special Meeting Minutes
August 15, 1997
Page 3
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Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Hc*dW
Considerations
Itcm
2
No.
assistance, except for answering an occasional question.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PROFESSIONAL PLANNING SERVICES AGREEMENT WITH IVEY, HARRIS 4 WALLS,
INC.
DEPUDIVISION: PLANNING AND ZONING
Requested Action:
That the City Council consider a motion to approve a professional planning services agreement with Ivrey, Hams
& Walls, Inc. on an "as needed" basis.
Summary Explanation & Background:
The city currently has no planning professional to assist the city with planning issues. Our agreement with
Brevard County was for planning assistance for the EAR Report. County staff is unable to provide any further
assistance, except for answering an occasional question.
SSA, our city engineers, do not have a staff member to take on this planning role and they would have to hire a
sub -consultant.
Therefore, it is my recommendation to retain Ivey, Harris & Walls, Inc. Mr. Todd .Peetz will be our lead
contact and coordinate our planning activities. Mr. Peetz is very familiar with our comprehensive plan as he
assisted the LPA in drafting the EAR Report. The hourly rate of Mr. Peetz is $55 plus r6imbursable expenses.
Exhibits Attached:
Ivey, Harris & Walls, Inc.'s agreement and background information; city purchasing policy; state statute
City Office
Department PLANNING AND ZONING
j:�Y0IDIG10 LIDgMFFVJr SY�VIFi WAO�/X/
AUG -26-97 TUB 4:33 PM LVET HARRIS&'WALLS FAX IIO. 407 029 73$3 F. 2
IVEY, HARRIS & WALLS, INC.
planning, Engineering, Landscape Architecture & Environmental Service$
631 S. Orlando Avenue, Suite 200
Winter Park, Florida 32789
PRr�1C' F 10 AL. S'�o�r:C�y wt�R E E T
19
, 971-, by and between IVEY, HARRIS
This AGREEMENT, made and entered into this , day of --
rofessional Services described under
S WALLS, INC. (IH&iM and the CLIENT, identified herein, is for the P
item 3 of this AGREEMENT.
CLIENT:
ADDRESS:
i. Description and type of Professional Services to be provided by IH&W:
Retain for General Consulting Services on an as needed basis for ;55.00 per hour plus
reimbursable expenses.
2. General Conditions
a. eAiMy7l Of INVOICES — The CLIENT shall be invoiced on a monthly basis for work performed
receipt of invoe- if the CLIENT
the preceding arse ing month. payment is due fifteen (i6) days Pt ic
calls to make any payment due 114&Wfor services and expenses within thirty (30) days of the Invoice
date. the amounts) due shall include a charge at the rate of one and one-half percerht (1.6%) per
month from the said thirtieth day. If IH&W employs legal services to collect overdue amounts, the
CLIENT agrees to pay all costs for Collection, Including reasonable attorney s fees, whether action
be brought or not. If any Invoice remains unpaid for 90 days or longer, IN&W reserves the right to
discontinue any or all work on the subject property.
b E
--The CLIENT shall pay IH&W for identifiable direct out-of-pocket
expenses Incurred for travel, mlfe D (.31), (011 telephone calls, printing (.15), reproduction, delivery,
postage and express mailing costs and all other Identifiable direct expenses per the FIRM's direct
reimbursable guideline sheet.
o. T . n 1 -- The obligation to provide further servla09 under this AGREEMENT may be
terminated by either party upon seven (7) days written notice, in the event of substantial failt(te by
the other party to perform in accordance with the terns hereof through no fault of the terminating
party, in the event this AGREEMENT is terminated prior to completion. IH&W shall be entitled to
payment for services performed as of the date of termination. plus reimbursable expenses.
d. CLIE �URµ1S ED tNFOR ngn --- CLIENT'S Responsibilities' Ifrequired,ydescribing
hall
furnish, or direct IN&W to obtain at the CLIENT'S expense, mal
characteristics, legal limitations, utility locations and a written legal description the m and
services for geotechnical engineering, structural, mechanical, chemical, tests for hazardous
material and other laboratory and environmental tests, CLIENT inspections and accurate, complete fired b correct.
IHEW shall consider all In supplied by rgonned tHRW as a result of inaccurate,
Additional work or revisions to completed btthhe CLIENT shall be paid for an additional services
Incomplete or incorrect information supplied by
at prevailing IH&W hourly rates. This additional work will net be performed without prior written
approval by CLIENT.
Page i of 3 , ftCW0* awousemaskWV
08/26/97 16:32 TX/RX N0.1360 P.002 N
AUG -26-9? TUE 4.33 PY IUEY,HARRIS&WALLS FAX N0. 437 629 7883
P, 3
8 A!1 anginal sketches, tracings, drawings
computations, detal1s,
$ �►��G3nd he 1 e srod pursuant to this AGI; HENTth s
esign caslculations, and other documents and plans pr Por on
and remain the property of IHst<W as i t�W. nts Reproducible ucible cvpiostof s 1 documents shalt be mode
protect moist be approved in vritl
n by the CLIENT.
available to the CLIENT as req salsa
f. �^Q1�Tt� — The CLIENT hereby acknowledges that estimates espm � are net to be
costs, whether pn=timinary or final, cannot be guaranteed,
construed as a promise #o design t ovchlities errumh,orrom wlt or amtilim ssions resulting fromiwork perfoirmed by
or financially accountable for cos
others. _
9
MM --Q �ufet t1 1'AN� -- If authorized in writing by the CLIENT, iH&W shall furnish or obtain froIf
m
other sub -consultants, services
h� HAhiich a Cost
re for not nadditional sersidered vices ces from othl Or ers sshiall be billed at
ooniracbed and billed t 9g gym, The cost for additional services of iH&W personnel shall
their actual cost Pius ten (10%i tro performed.
be billed at the hourly raise in effect at the time the additional work is pe the CLlONT
--Any changes to the attached Scope of Services Initiated in
h. These services will be paid for o addition to the
considered additional senieis.
compensation for basic sebian hourly rateor negotiated as a lump
shalt be rvice and wits either be at
SUM.
I. 1JX ,- The CLIENT to the extent allowed by Florida Statutes and IH&W each agree to
indemnity each other fr,,wn demands, costs or Jny end nll liabiarility.
o� of the othor er that
either may suffer as a result of
otairns, des as
11
Hi.
IV.
v.
This contract does not Imply or guarantee that efforts to obtain required te>'ma s and awl%rw
will be successful-
This contract is offered with the understands of the relevant
regulations of the focal
the date of the signature by an
government, i the State of Florida, and v f this contract. Regulatations whic tates me feiYe Wm after the signature date
office of affect the Scope of Services contained herein. In such an overt, Ivey,
Of this contract may
Harrisrights to renegotiate to Inc. is not
reflloound to the t the effect of fee
eew regulations on the rea contained herein. B evant components of this
rig
contract.
Except as expressely provided herein, neither 114&W nor the CLIENT shall be liable to the Other
for any economic damages caused by termination of or failure to perform under this contract,
whither such economic damages are based upon delay in completion of the project, failure to
obtain permits, logs of anticipated sales of property, prosl�i�ve profits, other
Purchases' Property/ improvements or other reliance
contracts, inveetrhent, Bases. property► p IH&W, herounder, or in ret�ance
menta made In anticipation of the services to be perform b]f
upon this cont or any other compensation or economic damn os of Any nature except for
services actually performed t Nnd CO on nts actually recurred by IWaW under this
contract prior to the offectl d
V1.
Fttek Allocation—The contractors and subcontractors on ttheto limit IH&Ws f project,lliability to tnQ %A-ir-mf 411J
duo to the performance Or
all eons liability Of
named shallsnot exceed $50,600 or the total fees ei od in this AGREEMENT, h whichever named
greater.
Claims, disputes or other matters in question between tits parties lv this AGREEMENT arising
out of or relating to AGREEMENT or broach thereof heli be resolved through mediation.
Unless otherwise provided in this AGREEMENT, iH&W shall haOe noexposure responsibility
peroe� to
discovery, prior presence. handling, removal or disposalof but not
hazardous roodactts, pollychloriinatted biphproject
ny! f CB})or other toxic
substance . to asbestos,
boeto p
as herein
Aim The signature below auitrhorize* t and watrrane workts that the CLIENT either Is he
b alf o tthhs owners) of tlho land or pro"dY p
Owner or has authority to sign this AGREEMENT on behalf of the Owner{s).
Page 2 of 3
rvseoa08ntvroi49eA*VaKVA'D
08/26/97 16:32 TX/RX N0.1360 P.003 0
AUG -26-97 TUE 4.34 PM IVEY,EARRIS&WALLS FAX N0, 407 629 7888 P, 4
IN 1MTNESS WHEREOF, this AGREEMENT is scceptsd on the Oats fust above written subject to the terms and
conditions Stated and the general conditions attached hereto.
CLIENT:
NAME:
TITLE:
DATE:
SIGNATURE.
IVEY, HARRIS & WALLS, INC.
NAME:
TITLE:
DATE:
SIGNATURE:
Page 3 of 3 F:wecvosmwn,.ar.ccwaM
08/26/97 16:32 TX/RX N0.1360 P.004 M
Ivey, Harris & Walls, Inc.
PLANNING ENGINEERING • LANDSCAPE ARCHITECTURE
ENVIRONMENTAL SERVICES • TRANSPORTATION DESIGN FIRM BACKGROUND
IVEY, HARRIS & WALLS, INC. is an 11 -year old firm that provides professional services
in the areas of land planning, civil engineering, landscape architecture, environmental
services and construction services. IH&W's land planning department specializes in,
DRI's, site/master planning, feasibility studies, land use amendments, annexations,
rezoning, special exceptions, variances, planned unit developments, comprehensive
planning, transportation planning and eminent domain services. Our civil engineering
department provides a full -range of services including site development engineering,
public/private utility engineering, roadway/transportation engineering, permitting, and
construction administration. Our landscape architecture services include site
design/layout, planting, hardscape, and irrigation design for a wide variety of projects such
as subdivisions, parks, resorts, theme parks, and commercial sites. The firm's
environmental services department offers ecological constraints analysis, land use
assessments, wetland determination and delineation, endangered species studies,
environmental permitting, mitigation design and monitoring and water quality monitoring.
Our newest department, construction services offers a full-time resident engineering
department, construction engineering and inspection (CE&I), construction observation,
owner's representation, and overall project controls on numerous and diverse construction
projects. IH&W provides these services throughout the state of Florida, Mexico and the
Caribbean.
IH&W has the innovative and scientific staff, advanced technology support, and solid
reputation to provide our clients with quality service in a cost efficient manner. The firm
currently employs 80 full-time staff consisting of planners, professional civil engineers,
engineers in training, landscape architects, designers/technicians, construction inspectors,
construction managers, environmental scientists, graphic designers, and administrative
staff.
IH&W has a portfolio of both private and public sector clients. Private sector clients include
Disney Development Company, Universal Studios, Sun International, Premark
International, Palm Coast Utilities, Reedy Creek Improvement District, and various
developers throughout Central Florida and the Caribbean. Public sector clients include the
Florida Department of Transportation, Orange County Parks and Recreation, Seminole ;
County, City of Winter Park, Town of Howey -in -the -Hills, and the City of Miramar. IH&IJV
also has continuing services contracts with the school boards of Osceola County, Orange
County, and the University of Central Florida.
In addition, IH&W also performs pro Bono work for the community designed to improve the
environment. Past projects have included lake restoration, neighborhood revitalization,
dune restoration, the renovation of the Audubon's Birds of Prey Aviary, the renovation of
the Orlando Wetlands Park and most recently the revitalization of Easter Seal's Camp
Challenge.
Ivey, Harris & Walls, Inc.
PLANNING ENGINEERING • LANDSCAPE ARCHITECTURE
ENVIRONMENTAL SERVICES • TRANSPORTATION DESIGN
PROFESSIONAL SERVICES
PLANNING: Developments of Regional Impact
• Master Planning
• Site Planning
• Feasibility Studies
• Land Use Amendments, Annexations, Rezonings,
Special Exceptions, Planned Unit Developments, Variances
• Comprehensive Planning
• Environmental Planning
• Transportation Planning
• Eminent Domain Services
ENGINEERING: Civil Engineering
• Site Development Engineering
• Roadway Design and Engineering
• Utility and Drainage Design
• Traffic Engineering
• Water Supply Facilities Design
• Wastewater Facilities Design
• Reuse Systems Design
• Permitting
• Regulatory Agency Coordination
LANDSCAPE Site Analysis and Design
ARCHITECTURE: Landscape Design
• Hardscape Design
• Irrigation Design
• Streetscape Design
• Park and Recreation Design
• Design Guidelines
• Construction Drawings & Specifications
ENVIRONMENTAL Ecological Land Use Assessments
SERVICES: Wetland Determination and Delineation
• Threatened and Endangered Species Studies
• Ecological Constraints Analysis
• Wetland Impact Permitting
• Submerged Lands Permitting
• Listed Species Impact Permitting
• Mitigation Design and Monitoring
• Water Quality Monitoring
• Wildlife Management Plans
CONSTRUCTION Construction Management
SERVICES: Construction Engineering and Inspection (CEI)
• Quality Assurance/Quality Control (QA/QC) Services
• Owners' Representative Services
• Construction Observation and Pay Request Reviews
• Construction Cost Estimating and Value Engineering
• Contract Documents and Constructability Reviews
• Third Party and Condition Inspections
Ivey, Harris & Walls, Inc.
PLANNING • ENGINEERING • LANDSCAPE ARCHITECTURE
ENVIRONMENTAL SERVICES • TRANSPORTATION DESIGN
KEY EMPLOYEES
PLANNING
JOEL A. IVEY, PRESIDENT/PLANNER: MS—Georgia Tech. Formerly served as review coordinator for East
Central Florida Regional Planning Council. Responsibilities include consultant team coordination, large-scale
mixed-use projects. Experience includes VectorSpace, Capital Square, NorthPoint, Osceola Trace, Osceola
Corporate Center, Seminole Mall and Disney's Celebration New Town.
JAVIER E. OMANA. SENIOR PLANNER: MS—University of Florida. Responsibilities include planning, urban
design and project coordination. Experience includes Osceola Corporate Center, City of Longwood
Comprehensive Plan, Osceola Trace, Coraci Holdings and the Woodlands P.U.D.
BENJAMIN GARY DICKENS, AICP. SENIOR PLANNER: BA —University of Florida. Responsibilities include
traffic analysis and planning and project management for large scale projects. Current projects include
Osceola Corporate Center, City of Ormond Beach, and Gateway Commons.
DODI BUCKMASTER GLAS, REGIONAL MANAGER/PLANNER: MA—Florida Atlantic University. Located
in the Palm Beach Gardens office, Ms. Glas serves as regional manager for the company bringing her local
knowledge and background to the firm. Ms. Glas's experience includes policy development, regulatory
process, extensive facilitation and coordination skills, managing studies and projects, running advisory boards
and seeking development and funding approvals.
TODD T. PEETZ, AICP. SENIOR PLANNER: MCRP— The Ohio State University. Responsibilities include
comprehensive planning and land use planning. Experience includes preparation of the City of Delto0a's
Comprehensive Plan; City of Cape Canaveral and several elements for Brevard County Comprehensive Plan +_
Evaluation and Appraisal Reports; City of Cape Canaveral Commercial Redevelopment Plan; and several
Brevard County Small Area Plans.
MELINDA CLAYBROOK, SENIOR PLANNER: MLA—University of Florida. Responsibilities include planning
studies for municipalities and other public entities. Experience includes the Seminole County 17-92 Finding of
Necessity, Sanford Airport Economic Master Plan, and the City of Aventura Comprehensive Plan. Registered
Landscape Architect, State of Florida.
TRACY L. CROWE. PLANNER/URBAN DESIGNER: B.ARCH MURP—Virginia Polytechnic Institute and State
University, University of Florida. Responsibilities include site development guidelines, urban design, and
planning. Experience includes Osceola Corporate Center, City of Miramar -Viacom Property (Blockbuster),
European Center Complex, and Seminole Mall.
TODD J. POKRYWA, PLANNER: BES—University of Waterloo. Responsibilities include comprehensive
planning and transportation analysis. Experience includes Evaluation and Appraisal Reports of Comprehensive
Plans for Miami Shores Village, Town of Surfside, City of Miami Beach, City of Miami Springs and City of
Miramar; Seminole County Rural Roads/Canopy Road Study; and State Road 500/US 192 Intersection
Improvements Project.
LESLEY LACKNER, PLANNER: BES—University of Waterloo. Responsibilities include urban design,
computer-aided design, transportation planning, land development planning, and comprehensive planning.
Experience includes Osceola Corporate Center and Osceola Trace.
Ivey, Harris & Walls, Inc.
PLANNING • ENGINEERING • LANDSCAPE ARCHITECTURE
ENVIRONMENTAL SERVICES • TRANSPORTATION DESIGN
KEY EMPLOYEES
CIVIL ENGINEERING
JOSEPH E. HARRIS, P.E.. PRINCIPAL: BSCE—University of Delaware; MBA—Loyola College.
Responsibilities include civil and site engineering, utility design, permitting, roadway design and agency
coordination. Experience includes Paradise Island Casino Hotel improvements, Walt Disney World Swan and
Dolphin Hotels, All-Star Resorts, Fiesta Hotel, Team Disney Building, and Disney's Western Development.
HOWARD W. JEWETT, P.E.. SENIOR CIVIL ENGINEER: BSCE—University of Florida; MS Sanitary
Engineering — University of Florida. Responsibilities include sanitary/civil engineering, utilities, project
management and permitting. Experience includes Paradise Island Water/Sewer improvements, and several
private utility companies and package treatment plants.
J. STEPHEN DIETER. P.E.. L.S.. SENIOR CIVIL ENGINEER: BS—University of Illinois. Responsibilities
include Project Management and reviewing design for all phases of civil engineering site development.
Experience includes Disneys All-Star Resorts, Disneys Coronado Springs Resort, Club Goldenrod Apartments.
THOMAS J. MURRAY, P.E.. CIVIL ENGINEER: BSE—University of Central Florida. Responsibilities include
the engineering and permitting of civil plans involving the design of major utilities, roadway and master
stormwater systems from subdivisions to large-scale infrastructure developments. Experience includes Carillon
P.U.D., Osceola Corporate Center, River Oaks, and University of Central Florida.
STEVEN P. MARQUART, P.E.. SENIOR CIVIL ENGINEER: BSCE—University of Florida. Responsibilities
include site development engineering, drainage roadway and utilities design, agency coordination, permittihg,
and project management. Experience includes Disney Celebration master engineering, Disney Grand Florida
Resort and Convention Center, Disney's Eagle Pines and Osprey Ridge Golf Courses.
ROBERT J. RUTTER, P.E.. SENIOR ENGINEER: BSE—University of Central Florida. Responsibilities include
water and wastewater systems project management, planning, design, permitting and construction
administration. Experience includes water and/or wastewater projects for the City of Orlando, City of
Kissimmee, City of Altamonte Springs, Orange County, Polk County and other municipalities in North Central
Florida.
FRASER S. HOWE. JR., P.E.. SENIOR ENGINEER: BS --Michigan State University. Responsibilities include
planning studies through preliminary and final design of highways and expressways, maintenance of urban
streets and drainage, traffic operations, parks and parkway trees, and utility systems. He has actively marketed
consulting engineering services in Central Florida for the past seven years. He is a Board member of the fast
Central Florida Branch of ASCE. For two years, Mr. Howe was Newsletter editor and is now Chairman of the
Engineering Management Technical Group.
CONSTANCE A. OWENS, E.I., CIVIL ENGINEER: BSCE—University of Central Florida. Responsibilities
include drainage, grading, site plan development and water resources.
AUSTIN T. ROTHBARD, E.I.. CIVIL ENGINEER: BSCE—Tufts University. Responsibilities include sanitary/civil
engineering, utilities, drainage and permitting. Experience includes Hertz Car Rental Facility, Universal City,
Florida and Disney's Little Lake Bryan.
XABIER GUERRICAGOITIA. E.I.. CIVIL ENGINEER: MSCE—George Washington University BSCE—Villanpva
University. Responsibilities include design of stormdrain, stormwater management facilities, sanitary sewer
collection and water distribution systems. Experience includes Universal City, Florida, Super K -Mart
(Charleston, SC), and Target Store Site (Landover, MD).
Our staff also includes twenty civil engineering designers and AutoCAD technicians.
Ivey, Harris & Walls, Inc.
PLANNING • ENGINEERING • LANDSCAPE ARCHITECTURE
ENVIRONMENTAL SERVICES • TRANSPORTATION DESIGN
KEY EMPLOYEES
LANDSCAPE ARCHITECTURE
JON D. WALLS, ASLA, LANDSCAPE ARCHITECT: BSLA—West Virginia University. Responsibilities include
landscape design projects, land planning, resort planning, site design, subdivision design and park planning.
Experience includes Disney's Pleasure Island, The U.S. Space Camp, University of Central Florida, Sugar Bay
Plantation Resort (St. Thomas, U.S.V.I.), and several large land development and residential projects.
KEITH D. WHIPPLE, SENIOR LANDSCAPE ARCHITECT: BSLA—Cal Poly, Pomona, CA.. Responsibilities
include staff/project management for landscape architecture projects including landscape, hardscape and
irrigation design. Experience includes Universal Studios Expansion, Orange County Parks & Recreation,
Corporate Park of Coral Springs, and Ridgewood Lakes. Former experience as Walt Disney World staff
landscape architect.
EDWIN M. LINQUIST, ASLA, SENIOR LANDSCAPE ARCHITECT: BSLA—Iowa State University.
Responsibilities include design and project management of landscape architectural and land planning projects.
Experience includes resorts and golf related communities, large scale master planning, site hardscape and
landscape design. Project experience includes the Corporate Park of Coral Springs and UCF Fountain & Plaza
Redesign. Registered Landscape Architect, State of Florida, and Iowa.
ADRIENNE DOWNEY-JACKS, LANDSCAPE DESIGNER: BLA—Kansas State University. Responsibilities
include site planning, conceptual and final working drawings for landscape design, as well as graphics support.
Experience includes Lexington Homes at Errol; Royal Palm Resort.
DEAN F. STODDART, LANDSCAPE DESIGNER: BSLA—University of Kentucky. Responsibilities include
conceptual1final landscape and hardscape design, computer graphics, and AutoCAD instruction. Experience
includes Universal Studios Expansion, Timacuan Development, Orange County Parks and Recreation, UCF
Fountain and Plaza Redesign, Disney's Fantasmicl, and Toontown.
STEVEN WHEELER, LANDSCAPE DESIGNER: BLA—University of Arkansas. Responsibilities include
landscape and hardscape design, landscape/architectural theming, document and graphic production, color
rendering, and AutoCAD design.
RUTHANNE HENRY. LANDSCAPE DESIGNER: BLA—University of Guelph, Guelph, Ontario, Canada.
Ruthanne has a strong foundation in design conceptualization with a background in installation and
environmental sculpture. Background projects have focussed on habitat creation, ecosystem restoration and
planting design. A long-term interest in therapeutic design is being expanded on with current projects. Current
duties include planting design, rendering and document production.
MICHAEL D. WATKIN, LANDSCAPE DESIGNER: BSLA—The Ohio State University. Responsibilities include
design/planning of landscape architectural projects. Experience includes large scale international master
planning, theming, high-end resorts, golf communities and waterfront developments, AutoCAD and graphic
production.
Ivey, Harris & Walls, Inc.
PLANNING • ENGINEERING • LANDSCAPE ARCHITECTURE
ENVIRONMENTAL SERVICES • TRANSPORTATION DESIGN
KEY EMPLOYEES
ENVIRONMENTAL SERVICES
CAROLYN R. SCHULTZ, DIRECTOR OF ENVIRONMENTAL SERVICES, BS—University of South Florida.
With over 10 years of professional experience in the environmental field, Ms. Schultz is responsible for
staff/project management and coordination for all environmental services. Ms. Schultz has significant
experience in project management, Federal and State wetland and listed species impact permitting, wetland
mitigation design and implementation, ecological site assessment, plant identification, and wetland delineation.
Selected project experience includes wetland and listed species permitting and mitigation for Greene Property
(World Gateway), Xentury City, and Southchase; and ecological evaluation and assessment for Boggy Creek
& Lake Hart Watersheds Study, Reedy Creek & Cypress Creek Stormwater Management Master Plan, and
FDOT eminent domain projects. Prior to joining the consultant field, Ms. Schultz gained valuable regulatory
experience at FDEP and the ECFRPC.
SHANNON M. CARTER, BIOLOGIST, BS—University of Central Florida, MS—University of Alabama.
Responsible for developing the environmental services associated with water quality and biomonitoring
programs, listed species surveys, jurisdictional wetland delineations, mitigation monitoring and habitat
management plans. Ms. Carter holds a Bachelor's of Science degree in Limnology and a Master's of Science
degree in Biological Sciences, specializing in aquatic ecology. She has worked on the Kissimmee River
restoration project assisting with water quality assessments and aquatic biomonitoring, including invertebrate
identification. Ms. Carter has considerable experience in research design, implementation and statistical
analyses.
ANGELA M. BOWEN, BIOLOGIST, BS—University of West Florida. Responsible for providing the
environmental services associated with listed species surveys, jurisdictional wetland delineation,
environmental permitting, mitigation monitoring and habitat management plans. Ms. Bowen holds a
Bachelor's of Science degree in Environmental Resource Management and Planning. Areas of expertise
include the design and implementation of relocation and monitoring for listed species, wetland delineation,
environmental resource permitting and comprehensive natural resource planning.
DARYL W. RICHARD, GRAPHIC DESIGNER, Provides Computer Aided Design (CAD), color -grey scale
scanning and graphics services. Mr. Richard's experience includes providing CAD services, digitizing project
maps such as topography, land use, soil, wetlands, and 100 -year flood. He also has experience designing
dredge and fill plan views, cross sections, site plans and mitigation projects, as well as preliminary master
plans for residential and commercial projects.
g. Award to Other than Low Bidder. When the award is not made to the lowest bidder,
a full and complete statement of the reasons for placing the contract elsewhere shall be
prepared by the City and filed with other documents relating to the invitation for bids or
request for proposals.
h. Tie Bids. If all bids or proposals received are for the same total amount or unit
price, quality and services being equal, the contract shall be awarded to any bidder with
a place of business within the City. Where tie bids are received from more than one (1)
bidder with a place of business within the City or where all tie bidders do not have a
place of business within the City, the City shall award the contract to one (1) of the tie
bidders by drawing lots in public.
i. Performance Bond. The City shall have the authority to require a performance bond
before entering into any contract in such amount as the City shall find reasonably
necessary to protect its interest.
9.5 Types of Purchases and Contracts Exempt From Competitive Bidding
a. The securing of professional services and consultants are to be in accordance
with Florida Statutes, Section 287.055, "Consultants Competitive Negotiations
Act" and Florida Statutes, Section 287.057, "Procurement of Commodities of
Contractual Services".
9.6 Cooperative Purchasing. The City may procure, without compliance with the competitive
purchasing procedures of this manual, supplies, services and construction under the terms
of contracts entered into, by or through other governmental agencies as follows:
a. The United States Government General Services Administration (GSA), or other
such federal contract;
b. State Department of Purchasing and Procurement;
C. Brevard County;
d. Multi -County cooperatives; or
e. Cooperative purchasing agreements as designated by the City Council.
The City Manager shall approve any purchase from the above described agencies which
exceeds $500.00, but does not exceed $5,000.00. The City Council shall approve any
such purchase which exceeds $5,000.00.
12
F.S. 1995 PROCUREMENT OF PERSONAL PROPERTY AND SERVICES
(i) A "design -build contract" means a single con-
tract with a design -build firm for the design and con-
struction of a public construction project.
(j) A "design criteria package" means concise, per-
formance -oriented drawings or specifications of the
public construction project. The purpose of the design
criteria package is to furnish sufficient information so as
to permit design -build firms to prepare a bid or a
response to an agency's request for proposal, or to per-
mit an agency to enter into a negotiated design -build
contract. The design criteria package shall specify such
performance-based criteria for the public construction
project, including, but not limited to, the legal descrip-
tion of the site, survey information concerning the site,
interior space requirements, material quality standards,
schematic layouts and conceptual design criteria of the
project, cost or budget estimates, design and construc-
tion schedules, site development requirements, provi-
sions for utilities, stormwater retention and disposal, and
parking requirements, as may be applicable to the proj-
ect.
(k) A "design criteria professional" means a firm who
holds a current certificate of registration under chapter
481 to practice architecture or landscape architecture or
a firm who holds a current certificate as a registered
engineer under chapter 471 to practice engineering and
who is employed by or under contract to the agency for
the providing of professional architect services, land-
scape architect services, or engineering services in con-
nection with the preparation of the design criteria pack-
age.
(3) PUBLIC ANNOUNCEMENT AND QUALIFICA-
TION PROCEDURES.—
(a) Each agency shall publicly announce, in a uni-
form and consistent manner, each occasion when pro-
fessional services are required to be purchased for a
project the basic construction cost of which is estimated
by the agency to exceed the threshold amount provided
in s. 287.017 for CATEGORY FIVE or for a planning or
study activity when the fee for professional services
exceeds the threshold amount provided in s. 287.017 for
CATEGORY TWO, except in cases of valid public emer-
gencies so certified by the agency head. The public
notice shall include a general description of the project
and shall indicate how interested consultants may apply
for consideration.
(b) Each agency shall encourage firms engaged in
the lawful practice of their professions that desire to pro-
vide professional services to the agency to submit annu-
ally statements of qualifications and performance data.
(c) Any firm or individual desiring to provide profes-
sional services to the agency must first be certified by
the agency as qualified pursuant to law and the regula-
tions of the agency. The agency must find that the firm
or individual to be employed is fully qualified to render
the required service. Among the factors to be consid-
ered in making this finding are the capabilities, ade-
quacy of personnel, past record, and experience of the
firm or individual.
'(d) Each agency shall adopt administrative proce-
dures for the evaluation of professional services, includ-
ing, but not limited to, capabilities, adequacy of person-
nel, past record, experience, whether the firm is a certi-
287
tied minority business enterprise as defined b he Flor-
ida Small and Minority Business Assistance Act o
and such other factors as may be determined by the
agency to be applicable to its particular requirements.
When securing professional services, an agency shall
endeavor to meet the minority business enterprise pro-
curement goals set forth in s. 287.0945.
(e) The public shall not be excluded from the pro-
ceedings under this section.
(4) COMPETITIVE SELECTION.—
(a) For each proposed project, the agency shall
evaluate current statements of qualifications and per-
formance data on file with the agency, together with
those that may be submitted by other firms regarding
the proposed project, and shall conduct discussions
with, and may require public presentations by, no fewer
than three firms regarding their qualifications, approach
to the project, and ability to furnish the required ser-
vices.
'(b) The agency shall select in order of preference no
fewer than three firms deemed to be the most highly
qualified to perform the required services. In determin-
ing whether a firm is qualified, the agency shall consider
such factors as the ability of professional personnel;
whether a firm is a certified minority business enterprise;
past performance; willingness to meet time and budget
requirements; location; recent, current, and projected
workloads of the firms; and the volume of work previ-
ously awarded to each firm by the agency, with the
object of effecting an equitable distribution of contracts
among qualified firms, provided such distribution does
not violate the principle of selection of the most highly
qualified firms. The agency may request, accept, and
consider proposals for the compensation to be paid
under the contract only during competitive negotiations
under subsection (5). ---�
(c) This subsection does not apply to a professional
service conTraci%r a project the basic construction cost
ofiwf`iich is estimated by the agency to be not in excess
of the threshold amount provided in s. 287.017 for CATE-
GORY FIVE or for a planning or study activity when the
fee for professional services_ is not in excess of the
threshold amount�rovided in s. 287.017 for CATEGORY
- _
TWO.
(d) Nothing in this act shall be construed to prohibit
a continuing contract between a firm and an agency.
(5) COMPETITIVE NEGOTIATION.—
(a) The agency shall negotiate a contract with the
most qualified firm for professional services at compen-
sation which the agency determines is fair, competitive,
and reasonable. In making such determination, the
agency shall conduct a detailed analysis of the cost of
the professional services required in addition to consid-
ering their scope and complexity. For any lump -sum or
cost -plus -a -fixed -fee professional service contract
over the threshold amount provided in s. 287.017 for
CATEGORY FOUR, the agency shall require the firm
receiving the award to execute a truth -in -negotiation
certificate stating that wage rates and other factual unit
costs supporting the compensation are accurate, com-
plete, and current at the time of contracting. Any profes-
sional service contract under which such a certificate is
required must contain a provision that the original con -
515
F.S. 1995 PROCUREMENT OF PERSONAL PROPERTY AND SERVICES Ch. 287
als includes, but is not limited to, general information,
applicable laws and rules, functional or general specifi-
cations, statement of work, proposal instructions, and
evaluation criteria. Requests for proposals shall state
the relative importance of price and any other evaluation
criteria.
(17) "Responsive bid" or "responsive proposal" means
a bid or proposal submitted by a responsive, and
responsible or qualified, bidder or offeror which con-
forms in all material respects to the invitation to bid or
request for proposals.
(18) "Responsive bidder" or "responsive offeror"
means a person who has submitted a bid or proposal
which conforms in all material respects to the invitation
to bid or request for proposals.
(19) "Term contract' means an indefinite quantity con-
tract wherein a party agrees to furnish commodities or
contractual services during a prescribed period of time,
the expiration of which concludes the contract.
(20) "Office" means the Minority Business Advocacy
and Assistance Office of the Commission on Minority
Economic and Business Development.
History.—s. 22. ch. 69-106:s.1, ch. 80-374: ss. 4, 8, ch. 82-196: s. 1, ch. 83-99:
S. 1, ch. 83-192; s. 1, ch. 84-158; s. 29, ch. 85-349; s 1, ch. 86-52; ss. 6, 20, ch.
88-384; s. 1, ch. 89-289: s 2, ch. 90-147;s.4,ch, 90-224: s. 11. ch. 90-268: s. 36.
ch. 90-335; s. 15. ch. 92-98: s.107. ch. 92-142: s. 246. ch. 92-279; s. 55, ch. 92-326:
S. 8, ch. 94-322: s. 1, ch. 95-168.
287.017 Purchasing categories, threshold
amounts; procedures for automatic adjustment by divi-
sion.—
(1) The following purchasing categories are hereby
created:
(a) CATEGORY ONE: $5,000.
(b) CATEGORY TWO• $10,000_ -111�_
(c) CATEGORY THREE: $20,000.
(d) CATEGORY FOUR: $60,000.
(e) CATEGORY FIVE: $120,000.
(2) The division shall adopt rules to annually adjust
the amounts provided in subsection (1) based upon the
rate of change of a nationally recognized price index.
Such rules shall include, but not be limited to, the follow-
ing:
(a) Designation of the nationally recognized price
index or component thereof used to calculate the proper
adjustment authorized in this section.
(b) The procedure for rounding results.
(c) The effective date of each annual adjustment
based upon the previous calendar year data.
(3) Notwithstanding s. 240.225, the State University
System shall be subject to the rules adopted pursuant
to this section.
History.—ss. 5, 13, ch. 86-204; ss. 12, 34, ch. 90-268.
287.022 Purchase of insurance.—
(1) Insurance, while not a commodity, nevertheless
shall be purchased for all agencies by the division,
except that agencies may purchase title insurance for
land acquisition and may make emergency purchases
of insurance pursuant to s. 287.057(3)(a). The proce-
dures for purchasing insurance, whether the purchase
is made by the division or by the agencies, shall be the
same as those set forth herein for the purchase of com-
modities.
(2) When an insurer or agent pays a commission or
any portion thereof to any person, on insurance pur-
chased under this part, such payment shall be reported
to the division in writing and under oath within 30 days
thereafter. Any failure to report as required herein shall
subject the insurer or agent to the penalties provided in
s. 624.15.
History.—s. 22, ch. 69-106; s. 1, ch. 89-232; s 13, ch. 90-268.
287.025 Prohibition against certain insurance cov-
erage on specified state property or insurable sub-
jects.—
(1) No primary contract of insurance shall be pur-
chased on insurable subjects or property titled in the
name of the state or its departments, divisions, bureaus,
commissions, or agencies with respect to any of the fol-
lowing properties, coverages, or insurable subjects:
(a) Physical damage insurance on motor vehicles
which are licensed for use on the public highways of this
state. For the purpose of this chapter, the term "physical
damage insurance" means coverage against collision,
upset or overturn, fire, theft, combined additional cover-
age, or comprehensive;
(b) Physical damage insurance on watercraft and
related equipment;
(c) Loss of rental income on any buildings unless the
buildings are financed in whole or in part by revenue
bonds or certificates the terms of which require such
coverage or unless otherwise authorized by law;
(d) Miscellaneous equipment which is subject to a
transportation feature and subject to ordinarily being
covered by an inland marine insurance floater. The term
"miscellaneous equipment' does not include boilers and
machinery or nuclear equipment;
(e) Museum collections, artifacts, relics, or fine arts;
(f) Hull coverage on aircraft;
(g) Glass insurance;
(h) Coverage for loss against vandalism or malicious
mischief unless these perils are included within an all-
risks -of -physical -loss form; and
(i) Insurance against loss or damage to livestock
and services of a veterinary for such animals.
(2) Excess insurance may be purchased to cover
loss for physical damage on the above-described prop-
erties or risk if the aggregate exposure at any one loca-
tion or actual cash value of any one item exceeds the
sum of $10,000. However, no excess insurance shall be
purchased on any items listed in paragraphs (1)(c), (e),
(g), (h), and (i), regardless of value or risk.
(3) Any items, property, or insurable subjects titled
in the name of the state or its departments, divisions,
bureaus, commissions, or agencies which are not
included or insured by the Florida Fire Insurance Trust
Fund under chapter 284 or specifically designated not
to be insured by this section shall be eligible subjects
for insurance coverage through commercial insurance
carriers as otherwise provided by law.
(4) No primary insurance contracts shall be pur-
chased on any property or insurable subjects when the
same is loaned to, leased by, or intended to be leased
by, the state or its departments, divisions, bureaus,
commissions, or agencies unless such coverage is
required by the terms of the lease agreement and unless
the insurance coverages required by the provisions of
509
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
xeWing
Considerations
Item
3
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ADDENDUM TO SEWAGE FRANCHISE AGREEMENT WITH THE CANAVERAL PORT
AUTHORITY
DEPT./DTVISION: WWTP/PUBLIC WORKS
Requested Action:
That the City Council consider approval of an addendum to the sewage franchise agreement, accepting
maintenance and operations of the new Glen Cheek Drive sewage lines and lift station.
Summary Explanation & Background:
This would be an addendum to the existing agreement that expires on 04-22-2000. SSA has reviewed and
approved this project.
I recommend approval.
Exhibits Attached:
Addendum; SSA letter of 07-01-97
City Office
Department WWTP/PUBLIC WORKS
July 1, 1997
Mr. Ed Gardulski
Public Works Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: Glen Cheek Drive Sanitary Sewer System
SSA Job No. 97054
Dear Mr. Gardulski:
We have reviewed the response from BRPH Architects -Engineers concerning our comments to the
sanitary sewer system installed on Glen Cheek Drive and find said responses acceptable.
It is our recommendation that the City of Cape Canaveral accept maintenance of this sanitary sewer
system over the next few years of your contract.
If you have any questions or require further assistance please contact our office.
Sincerely,
John A. Pekar, PE
Vice President
cc: Building Department
STOTTLER STARMER & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS. INC.
8680 North Atlantic Avenue P.O. Bo 11630 pe C'- veral, EE]orid� 329� 0 �¢g0 �Q 783 1110 Fax 907 783 7065
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ADDENDUM TO SEWAGE
FRANCHISE AGREEMENT
This addendum to the Sewage Franchise Agreement dated April 22, 1970 between
the City of Cape Canaveral, Florida, a municipal corporation under the laws of the State
of Florida, hereinafter referred to as "City," and the Canaveral Port Authority, a body
corporate and a body politic under the laws of the State of Florida, hereinafter referred to
as "Port."
WHEREAS, the Port has modified the sewerage system in the area of Glen
Cheek Drive by adding a lift station and replacing portions of the existing force mains
with a gravity collection system as indicated on BRPH drawings C-2, C-3, C-4, C-5, C-6,
C-7, C-9, C-10, C-12 and E-9, Titled "Improvements to Glen Cheek Drive Project
#3558.05.09" and
WHEREAS, the plans for these modifications have been reviewed by the
engineers for the respective parties per the terms of the Franchise Agreement; and
WHEREAS, the Franchise Agreement requires that such increments or
modifications be the subject of negotiations and formalized by a supplement to the
Franchise Agreement.
NOW, THEREFORE, IT IS AGREED as follows:
The City agrees to maintain and operate the increments and modifications
indicated on BRPH drawings C-2, C-3, C-4, C-5, C-6, C-7, C-9, C-10, C-12 and
E-9, Titled "Improvements to Glen Cheek Drive Project #3558.05.09."
City of Cape Canaveral and Canaveral Port Authority
Sewage Franchise Agreement
Addendum No. 1
2
2. The Port agrees to pay the expense of training City personnel on lift
station operating procedures and electrical power for the pumps at the new lift
station.
3. These modifications will be subject to all applicable portions of the
Franchise Agreement which is scheduled to terminate April 22, 2000 and all other
provisions of the franchise agreement not amended by the addendum shall remain
in full force and effect.
APPROVED by the Canaveral Port Authority at its regular meeting on the day of
, 1997, with the undersigned officers executing this Agreement as
the duly authorized act of the Canaveral Port Authority.
ATTEST:
,SECRETARY
(Corporate Seal)
CANAVERAL PORT AUTHORITY
Ralph Kennedy, CHAIRPERSON
APPROVED by the City of Cape Canaveral at its regular meeting on the day of
, 1997, with the undersigned officers executing this Agreement as
the duly authorized act of the City of Cape Canaveral.
ATTEST:
Sandra Rozar Sims, CITY CLERK
(Corporate Seal)
CITY OF CAPE CANAVERAL
John K. Porter, MAYOR
D:\cityclerk\CityClk\CONTRACT\intrlocl\Addendum No. l to Port Sewage Franchise Agmt.doc
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heins
Considerations
Itan
a
No.
Associates need to resolve with property owners.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: INTERLOCAL AGREEMENT WITH THE CANAVERAL PORT AUTHORITY TO
CONSTRUCT A PEDWAY ON SR AlA
DEPT./DIVISION: STREETS/PUBLIC WORKS
Requested Action:
That the City Council approve the interlocal agreement with the Canaveral Port Authority to construct a pedway
on the east side of SR AIA.
Summary Explanation & Background:
The Canaveral Port Authority recently received a bid to construct a pedway from Commerce Street south to
Harding Avenue. The pedway is designed and permitted and there are a few curb cut issues that Hartman &
Associates need to resolve with property owners.
Plans are available for review in my office.
I recommend approval.
Exhibits Attached:
Interlocal agreement; bid sheet
City Mans / ffice
Department STREETS/PUBLIC WORKS
." �o
8-27-1997 10:47AM FROM AMARI,THERIAC.EISENM 4076396690 P.2
TM AGREEMEN'I~, made and entered mato by and between the CANAVERAL PORT
AUTHORITY, hereinafter referred to as "Port", and the CITY OF CAPE CANAVERAL,
FLO>IOIA, hereinafter referred to as "City".
WHEREAS, the Port is currently engaged in the design and construction of a wastewater
transmission main project on Highway AIA; and
WHEREAS, the City wishes, as part of this wastewater t:ran=ission main project, to have
the Port design and construct a bicycle/pedestrian way in connection with the project along the
roadway; and
WEMREAS, such construction work on the bicycle/pedestrian way is to be performed in
conjunction with the wastewater transmission main work being done by the Port to promote
efficiency, to prevent unnecessary duplication of effort, and to prevent further inconvenience to
the citizens of Crape Canaverat and Brevard County; and
WHRREAS, the City desires the Port's assistance in coordinating the construction along
the affected portion of Highway A 1 A; and
WHEREAS, the City and the Port covenant and agree that they have full power and
authority to enter into this Agreement and bind their respective governmental entities.
IT IS, THEREFORE, agreed as follows:
1. StatuMly AuthoriV, This Agreement shall be considered an Interlocal Agreement
pursuant to authority of Florida Statutes.
2. Proiect. The City and the Port agree that during the construction of the wastewater
transmission main on Highway AIA, a bicycle/pedestrian way shall be constructed for the City
in the right-of-way of said Highway AIA. Hereinafter, this bicycle/pedestrian construction shall
be referred to as "the project". The work on the project shall include the hiring of a contractor
by the Port to perform the bicycle/pedestrian way construction.
3. Bid Alteum. The bicycle/pedestrian way project has been bid as an alternate to
the Port's wastewater transmission main project. The City has reviewed the bid and notified the
Port of its acceptance of the bid in the sum of $59,729.00. The City agrees to pay the entire sum
to the Port within seven (7) days of completion and acceptance by the City of the
bicycle/pedestrian way project.
4. Part's S=Mte Fina iall Rr'U;Jbilitq. The Port shall be financially responsible
for any costs, approved by the Port, in excess of the accepted bid costs for the installation of the
bicycle/pedestrian way project, unless the Port shall have notified the City of excess costs within
08/27/97 10:50 TX/RX N0.1367 P.002 M
8-27-1997 10:48AM FROM AMARI,THERIAC,EISENM 4076396690
with writwn notice of Mance. The City shall not unreasonably withhold or delay acceptance.
The Port shall thereafter have no further responsibility for the bicycle/pedestrian way.
12, i ni fll"don ADd IBM W=. The City agrees that it will indemnify and hold
harmless the Port, to the extent permitted by law, from any and all liability, claims, damages,
expenses, proceedings, and causes of action of any kind and/or nature arising solely out of or
connected with the City's management, control, use, operation, maintenance, or repair of the
bicycle/pedestrian way during this project subject to Florida Statute 768.28. The Port agrees that
it will indemnify and hold harmless the City, to the extent permitted by lava, from any and all
liability, claims, damages, expenses, proceedings, and causes of action of any band and/or namm
arising solely out of or connected with the Port's management, control, use, operation,
maintenance, or repair of the bicycle/pedestrian way during this project subject to Florida Statute
768.28.
13. Defaul Either party to this Agreement, in the event of any act of default by the
other, shall have all remedies available to it under the laws of the State of Florida. Each patty
agrees to pay all reasonable costs and attorney's fees to the other party not in default, provided
such costs and attorney's fees are payable wader this paragraph only to the prevailing party in such
suit.
14. Severability. If any part of this ,Agreement is found invalid or unenforceable by
any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if
the rights and obligations of the parties contained .herein are not materially prejudiced and if the
intentions of the parties can still be accomplished.
15. Ent,iteV. This Agreement represeutsnts the understanding and agreement of the parties
in its entirety. There shall be no amendments to the Agreement unless such amendments are in
writing and signed by both parties.
16. Effectivr, Date. The effective date of this Agreement shall be the date on which
the last signature required to execute this Agreement is attached.
W W]lIMSS WHEREOF, we have set our hands and seals on the dates written below
our signatures.
ATTEST:
CANAVERAL PORT AUTHOKY'i'Y'
As Approved by the P x% Av"+ on:
3
08/27/97 10:50 TX/RX N0.1367 P.004 0
8-27-1997 10:48AM FROM AMARI,THERIAC.EISENM 40763._ 90 P-3
seven (7) days, other than for adjustment of estimated quantities for which unit prices are
established by contract, and the City has approved the excess costs within three (3) days anter
receipt.
5. AQeric:v. The City agrees that the Port shall be the lead agency to perform
all work on the project. The Port shall have the authority to enter into appropriate contracts with
an engineer and contractor to perform work on the project in compliance with Florida Statutes,
and shall endeavor to consult with the City on all contracts on work which may affect the
bicycle/pedestrian way project.
6. In ectkm of Project. The City shall be responsible for providing its own
construction inspector for the purpose of supervision of the bicycle/pedestrian way project by the
Port's contractor. The City shall have its inspector available for inspection duties at all times
when construction on the bicycle/pedestrian way project is ongoing- The Port shall be responsible
for providing the City with twenty-four (24) hour's notice prior to the beginning of construction
on the bicycle/pedestrian way project.
7. Ap rT ava ll p f Cbanges. Plans and Specificat-ions. The City shall have the
opportunity to review and approve any changes made to the playas and specifications which may
be made during the course of construction of the project. The Port shall be responsible for
ensuring that any changes to the pians which are submitted to the City for approval shall be
submitted in a timely fashion.
S. Rcvi= Meetings, The City shall have the right to have a representative present
at any monthly construction site meeting or percentage review meeting which shall be set at such
time and place as the Port deems appropriate. The Port shall provide one (1) day's advance notice
of date, time, and location, unless an emergency meeting is required, in which case, all best
efforts shall be made to contact the City's designated representative on the project.
9. Nod=s. All notices required under this Agreement shall be in writing and
delivered to the parties by United States .mail, as follows: City Representative: Bennett C.
Boucher, City Manager, City of Cape Canaveral, 105 Polk Avenue, Post Office Box 325, Cape
Canaveral, Florida 32920-0326; Port Representative: Richard B. Lombroia, P.B., Post Office
Box 267, Cape Canaveral, Florida 32920.
10. Final Apgroval. The City shall have the right to approve the construction of the
bicycle/pedestrian way project by virtue of having its own inspector supervising that portion of
the project. The City shall approve the final construction of such improvements if the
improvements are in substantial compliance with the plans previously approved by the City. The
City shall not unreasonably withhold final approval.
11. &Valrs and Maintenance. Upon completion and acceptance by the City of the
bicycle/pedestrian way project, the City shall, within seven (7) calendar days, provide the Port
2
08/27/97 10:50 TX/RX N0.1367 P.003 N
B-27-1997 10:49AM FROM AMARI,THERIAC,EISENM 4076396690 iP.5
ATTEST: CITY OFCAPE CANAVERAL, FLORIDA
By:
Sandra O. Sims, CITY CLERK John K. Porter, MAYOR
As Apprwcd by the Camcil on:
4
08/27/97 10:50 TX/RX N0.1367 P.005 0
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B-27-1997 10:47AM FROM AMARI.THERIAC.EISENM 4076396690I P.2
THIS AGREEAWNI', made and entered into by and between the CANAVERAL PORT
AUTHORITY, hereinafter referred to as "Port", and the CYTY OF CAPE CANAVERAL,
FLORIDA, hereinafter referred to as "City".
the Port is currently engaged in the design and construction of a wastewater
transmission main project on Highway AIA; and
WHEREAS, the City wishes, as part of this wasmvater transmission maim project, to have
the Port design and construct a bicycle/pedestrian way in connection with the project along the
roadway; and
WEBEREAS, such construction work on the bicycle/pedestrian way is to be performed in
conjunction with the wastewater transmission main work being done by the Port to promote
efficiency, to prevent unnecessary duplication of effort, and to prevent further inconvenience to
the citizens of Cape Canaveral and Brevard County; and
WHEREAS, the City desires the Port's assistance in coordinating the construction along
the affected portion of Highway AIA; and
WHEREAS, the City and the Port covenant and agree that they have full power and
authority to enter into this Agreement and bind their respective governmental entities.
IT Is, I EMIRS, agreed as follows:
1. Statumry Authority. This Agreement shall be considered an Interlocal Agreement
pursuant to authority of Florida Statutes.
2. ft . The City and the Port agree that during the construction of the wastewater
transmission main on Highway AIA, a bicycle/pedestrian way shall be constructed for the City
in the right-of-way of said Highway AlA. Hereinafter, this bicycle/pedestrian construction shall
be referred to as "the project". The work on the project shall include the hiring of a contractor
by the Port to perform the bicycle/pedestrian way construction.
3. Bid Alum=. The bicycle/pedestrian way project has been bid as an alternate to
the Port's wastewater transmission main project. The City has reviewed the bid and notified the
Port of its acceptance of the bid in the sum of $59,729.00. The City agrees to pay the entire sum
to the Port within seven (7) days of completion and acceptance by the City of the
bicycle/pedestrian way project.
4. Post's S=rate F'inwicial RaMibility. The Port shall be financially responsible
for any costs, approved by the Port, in excess of the accepted bid costs for the installation of the
bicycle/pedestrian way project, unless the Port shall have notified the City of excess costs within
08/27/97 10:50 TX/RX N0.1367 P.002 0
B-27-1997 10:48AM FROM AMARI.THERIAC.EISENM 4076396690 i
I P.3
seven (7) days, other than for adjustment of estimated quantities for which unit prices are
established by contract, and the City has approved the excess costs within three (3) days after
receipt.
5. lead gencv. The City agrees that the Port shall be the lead agency to perforin
all work on the project. The Pbrt shall have the authority to enter into appropriate contracts with
an engineer and contractor to perform work on the project in compliance with Florida Statutes,
and shall endeavor to consult with the City on all contracts on work which may affect the
bicycle/pedesuian way project.
6. Ynspecdon of Project. The City shall be responsible for providing its own
construction inspector for the purpose of supervision of the bicycle/pedestrian way project by the
Port's contractor. The City shall have its inspector available for inspection duties at all tinges
when construction on the bicycle/pedestrian way project is ongoing_ The Port shall be responsible
for providing the City with twenty-four (24) hour's notice prior to the beginning of construction
on the bicycle/pedestrian way project.
7. A=roval o f Changes. Plans and Sp=ificatians. The City shall have the
opportunity to review and approve any changes made to the plans and specifications which may
be made during the course of construction of the project. The Port shall be responsible for
ensuring that any changes to the pians which are submitted to the City for approval shall be
submitted in a timely fashion.
8. Review Meetings. The City shall have the right to have a representative present
at any monthly construction site meeting or percentage review meeting which shall be set at such
time and place as the Port deems appropriate. The Port shall provide one (1) day's advance notice
of date, time, and location, unless an emergency meeting is required, in which case, all best
efforts shall be made to contact the City's designated representative on the project.
9. Notices. All notices required under this Agreement shall be in writing and
delivered to the parties by United States mail, as follows: City Representative: Bennett C.
Boucher, City Manager, City of Cape Canaveral, 105 Polk Avenue, Post Office Box 325, Cape
Canaveral, Florida 32920-0326; Port Representative: Richard B. Lombroia, P.B. , Post Office
Box 267, Cape Canaveral, Florida 32920.
10. Final Approval. The City shall have the right to approve the construction of the
bicycle/pedestrian way project by virtue of having its own inspector supervising that portion of
the project. The City shall approve the final construction of such improvements if the
improvements are in substantial compliance with the plans previously approved by the City. The
City shall not unreasonably withhold final approval.
11. Repairs and Maintenance. Upon completion and acceptance by the City of the
bicycle/pedestrian way project, the City shall, within seven (7) calendar days, provide the Port
2
08/27/97 10:50 TX/RX N0.1367 P.003 0
8-27-1997 10 : 48AM FROM AMAR I . THER I AC. E I SENM 407639GS90 P-4
with written notice of acceptance. The City shall not unreasonably withhold or delay acceptance.
The Port shall thereafter have no further responsibility for the bicycle/pedestrian way.
12. Indemnification ,,== InM ce. The City agrees that it will indemnify and hold
harmless the Port, to the extent permitted by law, from any and all liability, claims, damages,
expenses, proceedings, and causes of action of any kind and/or nature arising solely out of or
connected with the City's management, control, use, operation, maintenance, or repair of the
bicycle/pedestrian way during this project subject to Florida Statute 768.28. The Port agrees that
it will indemnify and hold harmless the City, to the extent permitted by law, from any and all
liability, claims, damages, expenses, proceedings, and causes of action of any kind and/or nature
arising solely out of or connected with the Port's management, control, use, operation,
maintenance, or repair of the bicycle/pedestrian way during this project subject to Florida Statute
768.28.
13. Defanilt. Eitber party to this Agreement, in the event of any act of default by the
other, shall have all remedies available to it under the laws of the State of Florida. Each party
agrees to pay all reasonable costs and attorney's fees to the other party not in default, provided
such costs and attorney's fees are payable under this paragWh only to the prevailing party in such
suit.
14. Severability. If any part of this ,Agreement is found invalid or unenforceable by
any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if
We rights and obligations of the parties contained herein are not materially prejudiced and if the
intentions of the parties can still be accomplished.
15. Enid!. This Agreetnent reprints the unders=ding and agreexamt of the parties
in its entirety. There shall be no amendments to the Agreement unless such amendments are in
writing and signed by both parties.
16. Effective Date. The effective date of this Agreement snail be the date on which
the last signature required to execute this Agreement is attached.
AV WMESS MWR2EOF, we have set our hands and seals on the dates written below
our signatures.
ATTEST:
CRNA AL PORT AUTSO><tM
As Aproved by the Peet Auamr4 on:
3
08/27/97 10:50 TX/RX N0.1367 P.004 0
8-27-1997 10.49AM FROM AMAR I , THER I AC. E I SENM 4076396690 P.5
ATTEST:
CITY OFCAM CANAVERAL, FLORIDA
By:
Sandra O. Sims, CITY CLERK John K. Porter, MAYOR
As AppWvcd by tip Council on:
4'
08/27/97 10:50 TX/RX N0.1367 P.005 0
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heeding
Considerations
Item
5
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: AUCTION OF SURPLUS ITEMS
DEPT. /DIVISION: ADMINISTRATION
Requested Action:
That the City Council authorize the disposition of surplus items to be sold at auction.
Stn unaU Explanation & Background:
Attached is a listing of surplus items reported by each department. The auction will be scheduled in mid to late
October.
I recommend approval.
Exhibits Attached:
Auction list
City Mana ffice
Department ADMINISTRATION
MEMORANDUM
DATE: AUGUST 11, 1997
TO: ALL DEPARTMENT HEADS
FROM: BENNETT C. BOUCHE
CITY MANAGER
SUBJECT: SURPLUS ITEMS
Attached is a listing of surplus items that will be sold at auction. Please review this list and if you
want an item, prepare the paperwork to have it immediately transferred.. If you want to add items
to the list, please submit them to my office no later than 8/26/97.
I will ask the City Council to authorize the disposition of these items at their 09/02/97 meeting.
BCB:kmm
Attachment
...:.sn_ir
CITY OF CAPE CANAVERAL
97 AUCTION MASTER INVENTORY LIST
PAGE 3
PUBLIC WORKS DEPARTMENT CONT
61. Numerous Assorted Electrical Boxes & Switches
62. 2- Fiberglass Sheds (Outhouse Types)
63. 1- 48 Construction Trailer w Metal Steps
64. 1- 48' Constriction Trailer w Metal Steps
65.. Curved Weedeater Shaft
66. 8 -Stackable Chairs
67. 7-50' Fire Hoses
68. 19 Inch Color TV
69. 3" Bench Vice
70. Adding Machine
71. Sewer Camera, w Cables, Monitor, & Hard Case
72. Power Edger
73. Box Assorted Rigid Pipe Threaders
74. Index Card File
75. 3 Ton Hoist
76. 3- Controllers (2 clarifers & 1 Digester)
77. 4- Desks
78. Goldstar TV/VCR Combo
79. Microwave Oven
80. 2- Street Lights
81. Air Compressor & Motor
82. Temporary Power Pole Setup
83. Horn
84. File Cabinet
85. Echo Weedeater
86. Blower
87. CL2 Booster Pump, 1.3 HP
88. Pump, 1.5 HP
89. 2- Small Air Pumps
90. 2- Batteries
91. Sewer Jet
92, 1986 Chevy S-10 Pickup
93. 1982 Ford 1 Ton Dump Trick
94. Nokia Cell Phone
95. NEC Pinwriter P7 DOT Matrix Printer & Accessories
96. Numerous DOT Printer Accessories (sheet feeders, etc)
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Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Considerations
item
6
No.
Mr. Gardulski has also provided a cost analysis of providing service to property owners that have requested this
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RECLAIMED WATER CONNECTION POLICY
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
That the City Council consider approval of a reclaimed water connection policy as recommended by the public
works director.
Summary Explanation & Background:
Our public works director has provided (3) options to consider and he is recommending Option No. 2. The city
would pay all costs for installation of the reuse service and water back flow device.
Mr. Gardulski has also provided a cost analysis of providing service to property owners that have requested this
service.
I recommend approval of Option No. 2.
Exhibits Attached:
Public works director's memo of 08-26-97
City NL
19ner's Office
Department WATER RECLAMATION/PUBLIC
WORKS
M E M 0 R A N D U M
DATE: August 26, 1997
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works erector
SUBJECT: City Council Agenda Item for September 2, 1997
Reclaimed Water Installation Costs
w ; rl (k i .1 -
Ttf-,(7cj1c; to t ^ h.e r i ;-7jf-i-)t-t of who
lr-iow Trilic,'11, f, -)i:- what ltemnf-,�, w'hj'_C,!rI d with the, cl'o;t
M(}, so OF
f th�-, tc) t-,�d
t 4 1,997 j W �J S d j T F,1 t V,d t 0 e �:, t TT
t Ii�L
217 F) 1 1, 0 T L CC) S t 0 fT-0111 -t-jr-Le of
water -e-r- v
eol wi-th the
j (i1 T c -i, F). i, TO H d W fc)T-- a, s 'L T I L
J I I
-1--r'F�J(Af,ffLIJ,7i� h0jr(F,, J
anda tcn
The rkoF;'-- r)f
1.1 (1 ou I. j. rk (I((iC wo p X.ulps
earh
'ble
1-110 thC Si."P :-ANd Cle-f-lth Of V10 :jirmof
wat-er min, s4L%e
of
t- h H
,ce l:') r1e. aril flie,
s-'L.ze/tvp-� of
har"kf 1C)w
Oo",c;t C)F
olf- tbpse
iterns
jrtd d1vj.(-1('d jrj-,C) flic.,
r,)1.1owi.TtP t.W()
pa.rt-�;:
1.Tli,e Sol) Tot,d- - is, t -lie, total. 1`i.tv cost 1-0
Equipment
ce be rc,rovid(-,�d Ly Cjt-v
Th(7, C, -r -and Toti 1, s tj-)e, �-r) ta]l
I tri 1jL(,).rj nf ci pro',--eutiori 61F:v'Lse, to be
oV -V j c" e,
-u t}1('1, i- T1
a I on of I to be led
A r7jj-I
-e i.� r(
b -v T?Iumbe2- ft -)T-
-I-
Tt is Staff's understanding that On August 4, Council had
made the determination that the City shall pay for the
iPntallatiOn cost of the reclaimed water services, that there
will be no installation fee, that the will no monthly fee for the
limiLed number of citizens of Cape Canaveral who will be the
users of the reclaimed water. Thn funding of this capital
expanston shall be made through available grants and sewer impact
fees.
It also S&aff's undersVandi"g Ant the operating and
CTI aAnhenance cost of the reclaimed water system will be expended
as a cost of sewer treatment/disposal and has be accounted for
within the City's current sewer rate structure.
Council needs to make the determination of how shall the
City implement the installation of the raquired backKow
protection dovise to be installed on the City of Cocoa water
service line. The following are opttons Council which may
consider:
1. The, customer is responsible for making arrangement and
payment to a certified plumber for the installation and
Lesting of the WWI= devise. The Customer pays for
all cost of inskallation.
The City is responsible for nontranting a plumber U-)
Ill AK9 arrannoment and payment for the installation and
testin,f W bacTflow d-viso. The My P� ys for all
Cunt for installation for bn1h Vasidential on(!
Bunivesseo that are req"ireo to have a backflow devise
that H directly related to the installation of
reclaimed water. This does NOT include structurns that
are required to have a backfjow device mandated by the
City and/or the City's Pot ahle at provider (i.e.,
City of Cocoa) and/or by Ordinancus, Resolution,
rusulation, Standard Plumbing Codes, State and/or
Federal laws.
3. The Ciw is responsible for contracting a certified
plumber and to making arrangement and payment for the
installation and testing of the backflow devise. The
City pays for all cost for irstallytion for Residentia]
Only,
ESTIMATED REUSE SERVICE COSTS
RESIDENTIAL
SUB
BACKFLOW
GRAND
PROPERTY_
PARTS
EQUIPMENT
LABOR
TOTAL
SUB
BACKFLOW
GRAND
Aerospace Business
$200.00
PROPERTY
PARTS
EQUIPMENT
LABOR
TOTAL
PLUMBER
TOTAL
COMMENT
1
413 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
$300.00
2
401 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
9%
3
122 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
4
110 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
BACKFLOW
5
313 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
TOTAL
6
513 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
20 units, 1.5 service
7
114 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
PERCENTAGE OF COST
8
116 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
9
108 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
10
110 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
11
405 Wash. Ave.
$396.00
$225.00
$228.00
$849.00
$250.00
$1,099.00
12
223 Harrison
$283.00
$207.00
$114.00
$604.00
$250.00
$854.00
13
215 Harrison
$283.00
$207.00
$114.00
$604.00
$250.00
$854.00
14
107-113 Harrison
$283.00
$207.00
$114.00
$604.00
$1,000.00
$1,604.00
4 UNITS
15
209 A&B Harrison
$283.00
$207.00
$114.00
$604.00
$500.00
$1,104.00
2 UNITS
16
130 Wash. Ave.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
can not service
17
128 Wash. Ave.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
can not service
18
120 Wash. Ave.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
can not service
TOTALS
$5,488.00
$3,303.00
$2,964.00
$11,755.00
$4,750.00
$16,505.00
19ACCOUNTS
PERCENTAGE OF COST
33%
20%
18%
71%
29%
100%
BUSINESS
GRAND TOTALS
PARTS
GRAND TOTAL $6,911.36
PERCENTAGE OF COST 25%
Total Sewer Customers
Total Sample Size
Average Cost Per Customer
Project 5 Year Goals
Total Cost For 25%
Cost Per Year For 5 Years
Estimated Gallons Per Day
SUB BACKFLOW GRAND
EQUIPMENT LABOR TOTAL PLUMBER TOTAL-
$4,053.00
OTAL$4,053.00 $3,648.00 $14,612.36 $13,400.00 $28,012.36
14% 13% 52% 48% 100%
2,037 100%
43 2.11%
$651
509 25%
$331,751
$66,350
509,000
COMMENT
43 ACCOUNTS
SUB
BACKFLOW
GRAND
PROPERTY_
PARTS
EQUIPMENT
LABOR
TOTAL
PLUMBER
TOTAL
COMMENT
Aerospace Business
$200.00
$150.00
$114.00
$464.00
$1,650.00
$2,114.00
3 business 1.5 service
Mountasia Fun Center
$200.00
$150.00
$114.00
$464.00
$0.00
$464.00
TOTALS
$400.00
$300.00
$228.00
$928.00
$1,650.00
$2 578.00
4 ACCOUNTS
PERCENTAGE OF COST
16%
12.%
9%
36%
64%
100%
CONDOMINIUMS
SUB
BACKFLOW
GRAND
PROPERTY,
PARTS
EQUIPMENT
LABOR
TOTAL
PLUMBER
TOTAL
COMMENT
Cape Shores
$1,023.36
$450.00
$456.00
$1,929.36
$7,000.00
$8,929.36
20 units, 1.5 service
TOTALS
$1,023.36
$450.00
$456.00
$1929.36
$7,000.00
$8,929.36
20 ACCOUNTS
PERCENTAGE OF COST
11%
5%
5%
22%
78%
100%
GRAND TOTALS
PARTS
GRAND TOTAL $6,911.36
PERCENTAGE OF COST 25%
Total Sewer Customers
Total Sample Size
Average Cost Per Customer
Project 5 Year Goals
Total Cost For 25%
Cost Per Year For 5 Years
Estimated Gallons Per Day
SUB BACKFLOW GRAND
EQUIPMENT LABOR TOTAL PLUMBER TOTAL-
$4,053.00
OTAL$4,053.00 $3,648.00 $14,612.36 $13,400.00 $28,012.36
14% 13% 52% 48% 100%
2,037 100%
43 2.11%
$651
509 25%
$331,751
$66,350
509,000
COMMENT
43 ACCOUNTS
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Resolutions
item
7
No.
Public Works Director's memo of 08-19-97; Resolution No. 97-22
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 97-22, APPOINTMENT TO THE BREVARD WATER SUPPLY BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider appointing a council member to this water supply board.
Summary Explanation & Background:
The purpose of this board is to develop a long range water supply plan for Brevard County.
Please advise.
Exhibits Attached:
Public Works Director's memo of 08-19-97; Resolution No. 97-22
City is Office
Department LEGISLATIVE
M E M 0 R A N D U M
DATE: August 19, 1997
TO: Bennett C. Boucher, City Manager
FROM: Ed Gardulski, Public Works Directon�yt
Brevard Water Supply Board
.... . ... .... . . .......... ... .... , , -'-- ..... ..... . .. ...
"kr SUYYY hw"171 met Ang"St 10. 3997. Tbp Mmil-,
�lvY 15r,
;Ca"!KnA w0hin thR rOVWtV HHd R—WVAK! COn�ly,
A Lhn�hcd Q n d raft Rys"!u L V" ou t I i n ing the Wal or S"Pp 1
pla"ning pro-WOF. Yn" Mal wibb to n,0n1"IH this 11"m An
alsounslun item of tile if- Kh City C""rnih menlin�_,
Thn uluxt
WC) ndHled meeting of the
Waipy
Supply
Boayd WiTl h,--
Septembpr
14,
at inno, this will
be a
Special
meeting to disnuz;:�
To dy"oPmenh
water provider,
Of an QLHrKwal
Agreement
and/or Water all!"nae
of all Cities
wUhnn the County.
This
wi-TJ be
an, impnytanl-
nweting
for a
Co"neil atember to altend,
There
will be issues of
POnCeYn
that:
will reqnire a vote
by City
C,unwil an vn
an gpda
item.
I am currontly the City's Representative of the Brevard Water
Supply Board. An in Volusia County, the Brevard Board is made up
of elective officials. If a Council nlymber wishes to be the
Primary Member to this board, I will Undly conhinun to reprosent
the City as the City's Alternate Member. Else. I will continue
as the Primary Menher and will rRquirm an Alternate.
It is iiiPerotLhat
thhe City be part
of the Brevarl Water
Supply- Board and
the up coming changes
thah will
directly and
indirectly impact
the City of Cape Canaveral.
Although the City
of Cocoa is Our Potable
water provider,
there are
other subjects
such as water conservation,
reuse and stornmater,
which we need
to voice our concerns,
seek funding and
savings
on joint
proiecto.
cc: Attachment.
File: Water Supply Board
ALG -19-97 TUE 13:13 WATER RESOURCES FAX NO. 4076332095 P,02
BREVAR
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
WATER RiSOURCES DEPARTIMeNT Phone: (407) 6332088
Government Contor, Bldg, A. 2725 Judge Fran Jamlmn Way, Viare, FL 92940 FAX: (407) 633-2095
TO: BREVARD WATER SUPPLY BOARD
FROM: DICK MrAtRTENS, DIRECTOR,
BREVARD COUNTY WATER RES O C EPARTMENT
SUBJECT: DRAFT RESOLUTION RE: WATER SUPPLY PLANNING PROCESS
DATE: AUGUST 18, 1997
At the special meeting of the Brevard Water Supply Board conducted this morning,
Barbara Vergara, P.O., Director, Division of Needs and Sources, SJRWMD, discussed the
mechanism through which Brevard County cornmuniiies could participate more directly in
the legislatively mandated water supply planning process scheduled for the near future.
This mechanism includes the assignment of a SJRWMD funded consulting firm to work
with the Water Supply Board to develop a water supply plan specific to the Brevard
County community.
As noted in -Ads. Vergara's August 6th letter, the SJRWNID has requested that each
member agency of the Brevard Water Supply Board acquire confirmation of its desire to
participate in the process. As T indicated, I have written a draft resolution containing the
issues she has identified, For convenience during this review process, I have formatted the
draft to fit on one page.
Please feel free to make any suggestions or comments that you feel may be appropriate
and return them to me. Yeur prompt review is appreciated in that we are on a somewhat
abbreviated time schedule. My phone number is 633-2091, the fax number is 633-2095 or
E -Mail at rhmartensgaol.com,
PRINTED ON REC)CLED PAPER
BREVARD WATER SUPPLY BOARD
Ed Garduski, Public Works Dir.
City of Cape Canaveral
P. O. Box 326
Cape Canaveral, FL 32920
Tel: 868-1200
Alt:
MEMBERSHIP
6/27/97 (Revised)
Mayor Michael Hill
City of Cocoa
603 Brevard Avenue
Cocoa, FL 32922
Tel: 639-7500
Alt: Bruce Tate, Jr.
Commissioner Barbara Stevens
City of Cocoa Beach
2 S. Orlando Avenue
Cocoa Beach, FL 32931
Tel: 868-3333
Alt: Charles Billias
....................................................................................................................................................................................
Mayor John Buckley
Councilman Tom Mariani
Deputy Mayor Edward J. Kapushy
City of Melbourne
City of Titusville
City of Indian Harbour Beach
900 E. Strawbridge Avenue
555 S. Washington Avenue
2055 South Patrick Drive
Melbourne, FL 32901
Titusville, FL 32780
Indian Harbour Beach, FL 32937
Tel: 727-2900
Tel: 269-4400
Tel: 773-3181
Alt: Henry Hill
Alt:
Alt:
......................................................................................................................................................
Mayor James Kelley
Carol Schnieder
Mayor John Oates
Town of Melbourne Beach
5010 N. Harbor Shores
City of Rockledge
507 Ocean Avenue
Boulevard
1600 Huntington Lane
Melbourne Beach, FL 32951
Palm Shores, FL 32940
Rockledge, FL 32955
Tel: 724-5860
Tel: 254-8266
Tel: 690-3978
Alt:
Alt: Paul Hurtt
Alt:
...................................................................................................................................................................................
Commissioner Kim Zarillo
Mayor Charles Wells
Vice Mayor Lorraine Gott
Town of Melbourne Village
City of West Melbourne
City of Satellite Beach
535 Hammock Road
2285 Minton Road
565 Cassia Boulevard
Melbourne, FL 32904
West Melbourne, FL 32904
Satellite Beach, FL 32937
Tel: 723-8300
Tel: 727-7700
Tel: 773.4407
Alt:
Alt:
Alt:
....................................................................................................................................................................................
Councilwoman Fran Wales
Councilman Vincent Benevente
William Hall, Town Administrator
City of Palm Bay
Town of Indialantic
Town of Malabar
821 Hanau Avenue, N.W.
216 Fifth Avenue
2725 Malabar Road
Palm Bay, FL 32907
Indialantic, FL 32903
Malabar, FL 32950
Tel: 952-3414
Tel: 725-9827
Tel: 723-3261
Alt: Rob Bolton
Alt:
Alt:
....................................................................................................................................................................................
Commissioner Nancy Higgs (NASA Repr.) Ned A. Voska H, P.E.
Brevard County - District 3 Program Mgr.,Water Systems
1311 E. New Haven Avenue Environmental Program Office
Melbourne, FL 32901 Mail Code: JJ -D
Tel: 952-6300 Kennedy Space Center, FL 32899
Tel: 8674254
over-
RESOLUTION NO. 97-22
A RESOLUTION APPOINTING AS
REPRESENTATIVE TO THE BREVARD WATER SUPPLY BOARD TO
REPRESENT THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA DURING THE DEVELOPMENT OF A LONG
RANGE WATER SUPPLY PLAN FOR BREVARD COUNTY BY THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT.
WHEREAS, on June 10, 1994 the Brevard County Board of Commissioners invited local
municipalities to meet and discuss Brevard County's future water supply; and
WHEREAS, this group of County and City representatives have been meeting regularly since
November 1994 and has adopted the name of the Brevard Water Supply Board; and
WHEREAS, the Brevard Water Supply Board has heard water supply and planning presentations
from all local water suppliers and the St. Johns River Water Management District; and
WHEREAS, the St. Johns Water Management District is preparing to embark on a significant,
legislatively mandated, water supply planning effort that will not be successful without the active
participation of local governments; and
WHEREAS, the work plan encompasses a multi -county area designated Work Group Area I,
which includes Brevard County; and
WHEREAS, all major water users such as publicly and privately owned public water suppliers,
agriculture, and other interested parties such as environmental groups, will be involved in the planning
process; and
WHEREAS, the St. Johns River Water Management District believes that the planning process
for the Brevard County portion of the Work Group Area I plan will be greatly enhanced by directing the
effort through the Brevard Water Supply Board for the purpose of developing a water supply plan that will
be implemented; and
WHEREAS, the St. Johns River Water Management District has offered the services of one of its
consulting engineers to the Brevard Water Supply Board for the purpose of developing a water supply plan
that will be implemented; and
WHEREAS, the St. Johns River Water Management District is requesting that each member
agency of the Brevard Water Supply Board commit to participating in the process of developing a water
supply plan for Brevard County.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY OF CAPE CANAVERAL,
FLORIDA, as follows:
1. The City of Cape Canaveral City Council wishes to participate in the water supply
planning process through its membership in the Brevard Water Supply Board.
2. The City of Cape Canaveral's appointee to the Brevard Water Supply Board is authorized
to represent the City of Cape Canaveral in the water supply planning process and will
communicate, in a timely manner, the proceedings and progress of the planning process
to the Cape Canaveral City Council and will communicate the interests and comments of
the Cape Canaveral City Council to the Brevard Water Supply Board, and therefore, to
the St. Johns River Water Management District.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this 2nd day of September, 1997.
ATTEST:
AGAINST
Sandra Rozar Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
John K. Porter, MAYOR
BURT BRUNS
TONY HERNANDEZ
BUZZ PETSOS
JOHN PORTER
ROCKY RANDELS
FOR
ITEM 8
RESOLUTION NO. 97 - 23
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPOINTING ONE (1)
REGULAR MEMBER AND ONE (1) FIRST ALTERNATE
MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Chapter 253 created a Board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint one (1) Regular Member and one (1) First Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Rosann Gallagher is hereby appointed as a Regular Member of the Library
Board of the City of Cape Canaveral, Florida, with a term to expire on October 1. 1998.
SECTION 2. Leo Nicholas is hereby appointed as a First Alternate Member of the Library
Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 1998.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd
day of September, 1997
ATTEST:
Burt Bruns
Tony Hernandez
Sandra O. Sims, CITY CLERK Buzz Petsos
John Porter
Rocky Randels
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
G:\CityClk\Resolutions\BOARDS\Appointments\Library Reg & Att.doc
FOR AGAINST
PLEASE COMPLETE BOTH SIDES OF APPLIC�TION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
'icant Name: /C - - " - 77E _ � �Home Telephone: 4/07 � 7,1F'4/_C-4,1,-r_—
Home
,1F'4/—SymHome Address: 11/.:2 /IZA]",„ ) A, i ---�
Business:oY”
Office Address:
Brief Description of Education and Experience:
1
M
Are you a registered voter? Yes No
Business Telephone: I 51a 7 y — r4z,4.
�VoX32—
Have you been a resident of the City for 12 months or longer? Yes_ No
Do you currently hold a public office? Yes No
Are you presently employed by the City? Yes No
A, aie present time, do you serve on a City Board? Yes_7K__No
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother or half sister?
Yes No
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes No
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board Construction Board of Adjustment & Appeals*
Board of Adjustment* ) YK Library Board
Code Enforcement Board* Planning and Zoning Board*
Commercial Development Board Recreation Board
Community Appearance Board*
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each
year following the initial appointment while still a member of said Board.
I -F:"s
City of Cape Canaveral, Florida
City Board Application
Page 2
ase list what you feel are your qualifications to serve as a member on one of the City's Boards:
,t At.,/ u -C 4
wouia you consider serving on another Cit}�Board other than the one(s) you have selected on the front of this form?
Yes No 7
Applicant's signature: Date:
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council at a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
ITEM 9
RESOLUTION NO. 97 - 24
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE LIBRARY
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 253
created a Board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a
Second Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1.
is hereby appointed as the a Second Alternate Member of the
Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 1999.
1997.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of -September,
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
John K. Porter, MAYOR
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
G:1CityClklResolutions\BOARDS1Appointments\LIB.DOC
FOR
AGAINST
ITEM 10
RESOLUTION NO. 97 - 25
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING A FIRST ALTERNATE MEMBER
TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 11-68 created a Board known as the Beautification Board of the City of Cape Canaveral,
Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint a First Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1.
is hereby appointed as a First Alternate
member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire
on November 1, 1999.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day
September, 1997.
ATTEST:
John K. Porter, MAYOR
FOR AGAINST
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
G:\CityClk\Resolutions\BOARDS\Appointments\Beautification.doc
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
,iicant Name: JEQUA
" C C_C7�� 44,,: Home Telephone:
Home Address: � � � Gt�-� � � �"/
Q
Business: i (^Q S Business Telephone: �� 3' 0
Office Address:
Brief Description
/o�jf Education and Experience:
501
Are you a registered voter? Yes .�� No
Have you been a resident of the City for 12 months or longer?
Do you currently hold a public office?
Yes
you presently employed by the City? Yes
Ac the present time, do you serve on a City Board? Yes
(se, Q
Yes v
No ✓
No
No U/�
No
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,, stepdaughter, stepbrother,
stepsister, half brother or half sister? No ✓
Yes
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes
No ✓ � ry s. G��b�
0Z.
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board
Board of Adjustment*
Code Enforcement Board*
Commercial Development Board
Community Appearance Board*
Construction Board of Adjustment & Appeals*
Library Board
Planning and Zoning Board*
Recreation Board
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to luly 15th of each
year following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
I-,,.3se list what you feel are /Iyour qualifications to serve as a//member on one of the City's Boards:
rim, -MM91100M 0
Would you consider serving on another City Board other than the one(s) you have selected on the front of this form?
Yes ✓ No
Applicant's signature: �flaaLzn/ c&—) Date: ^1/ /�1'?q
T VASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council at a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
J4-
t&j
QS -,� Q r',�_a. 7�-a {'LQ✓�.�d {-tJ✓ l2�-� 0 u- 27t-�-er'.
�aze- 6 q ru= Vt r9
dodil-6-food -fa 41.-- %¢cw.'�h-�c��'a�
u
ITEM 11
RESOLUTION NO. 97- 26
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS AND AN
ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 53-
73 created a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Beatrice McNeely, Donald Bergen, Joe Eliott are hereby reappointed as regular
members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire
on September 15. 1999 .
SECTION 2. Leo Nicholas is hereby reappointed as an alternate member of the Planning and
Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 1999
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of
September, 1997.
ATTEST:
John K. Porter, MAYOR
FOR AGAINST
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
G:\CityClk\Resolutions\BOARDS\REAPPT\Planning & Zoning.doc
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
H-d'mg
Public Hearings - 2nd
This ordinance provides the framework for the regulation of communication towers within the city. This type of
Reading
Item
12
No.
Ordinance No. 08-97
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 08-97, WIRELESS TELECOMMUNICATIONS
DEPT./DIVISION: PLANNING & ZONING/GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of the telecommunications ordinance.
Summary Explanation & Background:
This ordinance provides the framework for the regulation of communication towers within the city. This type of
use may be granted a special exception within the M-1 zoning district. The Planning & Zoning Board has
recommended approval of this ordinance.
I recommend approval.
Exhibits Attached:
Ordinance No. 08-97
City ffice
Department PLANNING & ZONING/GROWTH
"
j
MANAGEMENT
e:ladn in\eouwU\weeti%\08-oS97\W97,dw
LUNINU "USt (;MANUhb*'
INITIATED BY THE MUNICIPALITY of properties 10 contiguous acres or
more; which change the list of permitted, conditional or prohibited uses
within a zoning category
Reference: F.S. 166.041 (3)(c)2. for notice requirements.
• This type of zoning ordinance shall have two advertised
hearings, in full or by title.
• At least one public hearing shall be held after 5pm on a
weekday, unless the governing body elects by majority plus one
to change it to another time.
• The first public hearing shall be held at least 7 days after the
day that the first advertisement is published.
• The second hearing shall beheld at least 10 days after the first
hearing and shall be published at least 5 days prior to the
hearing
• The advertisement shall be no less than 2 columns wide by 10
inches long, and the headline in the advertisement shall be no
smaller than 18 point. The advertisement shall not be placed in
the legal or classified sections. The newspaper shall be of
general paid circulation of general interest and readership in the
municipality and not of limited matter. It is the intent that when
possible, the newspaper be published at least five days a week.
• The advertisement must contain the date, time and place of the
hearing and the title of the proposed ordinance and the place
where the ordinance may be inspected by the public.
• Also include disclaimers
• The notice shall be in substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The City of Cape Canaveral, Brevard County, Florida, proposes to adopt the
following ordinance: (title of ordinance:)
A public hearing on the ordinance will be held on (date and Time) at (meeting
lace .
Zoning map changes must include a geographic location map which clearly
indicates the area covered by the proposed ordinance. It shall include major
street names as a means of identification.
2 Hearings adv 7 days before 1St hrg without map display
adv 5 days before 2"d hrg without map display
08/22/97 12:44 0407 242,3846 FLORIDA TODAY
This is your Prc
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LOCAL
242-3561
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NOTICE OF MM AMENDMENT PUBLIC ItEARNE
The City of Cape Canaveral proposes a zoning amendment to
change the fist of permitted spectai exceptions in the till -1 (Light
Industrial) and establishing a code section entitled "Wheless
Communications' in the Ctty of Cape Canaveral.
A EURL+C HLARLNG On the PROPOSED ZONING
AMENDMENT will be heli by the City Coundl of the City of
Cape Canaveral, on Tuesday, September 2.1997 at 7:00 P.M. in
tins City Nall Annex, 111 Polk Avenue, Cape Canaveral. Florida.
The City Council will consider the following proposed
amendment to the City's Code of Ordinances:
OyA r
TI MF
ORDINANCE NO. 08-97
AN ORDINANCE OF THE CITY COUNCL OR TME CITY OF
CAPE CANAVERAL, FLORIDA, ESTABLISHING CODE
SECTION 110409 ENiiTLRD'WIRELiESS
TELECOMMUNICAMONS TOWERS AND ANTENNAS';
PROVIDING DEFl 41TIONS; PROVIDING FOR PERMITTED
LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED
i
USES, ACCESSORY USES, AND SPECIAL EXCEPTIONS;
AND PROVIDING FOR PERMITS AND LEASE
AgpEEMENTS; AND AMENDING SECTION 1104K.
1•SR€CIiAL EXCEPTIONS' PERM1B918YmiE'HOmO-GF
ADJUSTMENT; PROVIDING FOR SEI1ERAiB LriY;
PROVIDING MR REPEAL OF PRIOR INCONSISTENT
E
ORDINANCES AND RESOLUTIONS; AND PROVIDWG FOR
: 4
AN EPFECTME DATE
A copy of the proposed Ordinance and map is on file in -the Office
of the City Clerk and may be viewed during regular working
hours, Monday through Friday, 8:30 a.m to 5:00 P.M.
----
Pursuant to Section 286.1015. Rorids St ftfi , the City hereby
advises the puWlc that: if a person decides to appeal any
dectaion made by the City Council with respect to any matter
considered at this meeting, that person wilt need a record of the
proceedings, and for such purpose that pwson may need to
ensure that a verbatim r®cord of the proceedings Is made, which
record includes the testimony and evidence upon which the
n.wNooi is to ho haaad. This notlCe does rpt pglS*UtO Consent by
08/22/97 12:47 TX/RX N0.1324 P.001 0
the City for the introduction or admission into evidence of
otherwise inadrnissible or irrelevant evidence, nor tines it
aulhorize challenges or aPp� Dot otherwi$e Mowed by law.
persons with disabilities naeding assistanr a to participate in any
• of these proceedings should contact the City Clerk's office
(868-1221) 48 hours in advance of the meeting.
Sandra Rozar Sims. CMC
City Clerk "m
08/22/97 12:47 TX/RX N0.1324 P.001 .
07/281 7 ._1,3:21 014072423687
This Is -yqur-pfoof 'of your ado
running in
If you do not Iva ea
LOCAL
-242-3561
Thank You for
1 �
wdonsi phase call to reieasa your ad for publicadon.
FAX C800»33 -8"G
242-3687 EXT. 3587
advertisinn with FLOR1Dq TODAY
CITY CAPT CAN�V.- _� X001
:_To Insure Zunely Proe6a i
Of Your Ad To Meet Out
Press Time.
Please Cell Or Fax Yourr
Pertinent Corrections
BEFORE
DAY/DATE
NOTICE OF ZONING
AMENDMENT PUBLIC NEARING
The City of Cape Canaveral proposes a zoning
amendment to change he fist of permitted specil
exceptions in the M-1 (Light industrialnd establishing
a code section entitled Wireless Communications" in
the City of Gape Canaveral.
A PU13UC HEARING on the PROPOSED ZONING
AMENDMENT will be held by the City Council of the
City of Cape Canaveral, on Tuesday, August 5r 1997, at
7:00 RM. in the City Hall Annex, 111 Polk Avenue,
Cape Canaveral, Florida.
The City Council wig consider the recommendations
made by the City -of Cape Canaveral Planning and
Zoning Board by reviewing the following • proposed
amendment to the City's Code of Ordinances:
ORDINANCE NO- 08-97
AN-- ORDINANCE - OF THE CITY OF CAPE
CANAVERAL, FLORIDA, ESTABLISHING CODE
SECTION 110-482 ENTITLED - 'WIRELESS
TELECOMMUNICATIONS TOWERS - AND
ANTENNAS'; PROVIDING DEFINITIONS;
PROVIDING FOR PERMITTED LOCATIONS;
PROVIDING CONDITIONS FOR PERMITTED USES;
ACCESSORY USES, AND SPECIAL EXCEPTIONS;
AND PROVIDING FOR PERMITS AND LEASE
AGREEMENTS; AND AMENDING SECTION 110-
354, SPECIAL EXCEPTIONS PERMISSIBLE BY
THE BOARD OF ADJUSTMENT PROVIDING FOR
SEVERABILITY; PROVIDINGFOR REPEAL OF
PRIOR INCONSISTENT - 0QINANCES AND ,
' r��tCPiiC�NS;
EFFECTIVE DATE
Acoppyy of the Proposedordinance and map is on file in
the CNfice of the City Clerk and may be viewed dur
regular working hours, Monday through Friday, 8.2
a.m. to 5:00 p -m.'
Pursuant to Section 288.1415, Florida Statufes, the City
hereby advises the public that: If a person decides to
appeal any decision made by the City Council with
respect to any matter considered at this meeting, that
Person will need a record of tate proceedings, and for
such purpose that personmay Head to ensure #Wa
verbatim record of the proceedings Is made; ' which
record includes the testimony and evidence upon which
the appeal is to be based. This notice does not
constitute consent by the Cifor theo Introduction or
a
admission Into AvirlAnn ref t .,.ria7"Oeir fco kf^ %w
07/28/97 13:22 TX/RX N0.0960 P.001
0
M• vMwaMM�. 1114Y,wwyP W
irrelevant evidence, nor does it authOdzs dhallwQ08 or
SPPeafs not otherwise. allowed by law. Fersons 'with
dlsabilitles needfng assistance to' pamcipate in g of
these Proceedings should contact the City Clarks office
(868-1221) 48 hours in advance of the meeting.
City Cle k�ac Sims, CMC
07/28/97 13:22 TX/RX N0.0960 P.001
August 27, 1997
Mr. G. J. Moran
Building Official
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, F1.
32920
Dear Mr. Moran;
Since a public hearing has been scheduled.for the
purpose of considering a proposed amendment to the city's
Code of Ordinances (Ordinance No. 09-97) regarding
telecommunications towers and antennas, you may wish to
consider what to do about the tower located on Costa del
Sol property. There is an unused -tower just off 5801
North Banana River Boulevard which is on Costa del Sol
property. Hidden Harbor Condominium across the street
has a 90 year lease on the tower and an easement across
Costa del Sol property to the tower.
Hidden Harbor is now on cable and does not use the tower.
However, it is written into the covenants as an amenity
for the owners just as their pool and tennis court.
The tower is obsolete and supported by wires which have
had to be tightened from time to time after severe storms.
I understand that back around 1988 about 20 feet of
the top of the tower fell off. There is concern that it
could topple into Costa del Sol buildings if a severe
hurricane occured.
According to the regulations for towers that I have
seen recently, I believe it is in violation of present
day codes regarding proximity to buildings, etc. The
owners of Hidden Harbor pay a monthly fee for a tower
which they do not use and from what I understand
the majority would like to have it removed.
In summary, the tower is unsightly, serves no purpose
and poses a possible danger. I feel that this matter
warrants investigation by your department and possible
consideration by City Council.
Sincerely,
Jackie Coates
5805 N. Banana River Blvd. Unit 1145
Cape Canaveral, F1. 32920
Copy to:
City Manager Bennett Boucher
ORDINANCE NO. 08-97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, ESTABLISHING CODE
SECTION 110-482 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS";
PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED
LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED
USES, ACCESSORY USES, AND SPECIAL EXCEPTIONS;
AND PROVIDING FOR PERMITS AND LEASE
AGREEMENTS; AND AMENDING SECTION 110-354,
SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF
ADJUSTMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Federal Government, through the Federal Communications Commission
(FCC), has issued wireless communication licenses for personal communication services and other
wireless technologies in order for those license holders to provide wireless services throughout the
United States of America; and
WHEREAS, the demand by citizens for new wireless communications services has produced
an increased need for installations of wireless antennas and wireless communications facilities to serve
the public, including the citizens in the City of Cape Canaveral, and
WHEREAS, wireless communications facilities are supportive of the public health, safety and
welfare in that they provide useful portable communications services for personal convenience,
business and emergency purposes; and
WHEREAS, the FCC has required license holders to provide coverage to areas where
wireless communications licenses have been acquired; and
WHEREAS, the Federal Telecommunications Act of 1996 ("Act") preserves local zoning
authority to regulate wireless communication facilities; provided, however, that the Act states the
government may not unreasonably discriminate among wireless communications providers that
compete against one another and that government may not prohibit or have the effect of prohibiting
the provision of wireless communication services, and the Act gives the FCC sole jurisdiction over
radio frequency emissions of wireless communications facilities so long as the wireless
communications facilities meet FCC standards therefore; and
City of Cape Canaveral
Ordinance No. 08-97
Page 2
WHEREAS, additional wireless communications facilities may be required to provide quality
communication services to meet the growing needs of the public and businesses for wireless
communication; and
WHEREAS, wireless communications facilities should be reasonably regulated to minimize
potential aesthetic impacts to the surrounding area; and
WHEREAS, there is a need for new provisions in the zoning code to address the sitting of
wireless communications facilities; and
WHEREAS, the City of Cape Canaveral has received or expects to receive requests to site
wireless communications towers and antennas within its municipal boundaries; and
WHEREAS, the City Council of the City of Cape Canaveral finds that it is in the public
interest to permit the siting of wireless communications towers and antennas within the municipal
boundaries of Cape Canaveral; and
WHEREAS, it is the intent of the City of Cape Canaveral to permit the siting of wireless
communications towers and antennas within the municipal boundaries of City of Cape Canaveral, as
lawfully regulated herein; and
WHEREAS, it is the intent of the City of Cape Canaveral to protect and promote the public
health, safety and welfare by regulating the siting of wireless communications towers and antennas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 110-354, Special Exceptions Permissible by Board of Adjustment,
of the Code of Ordinances is amended by amending subparagraph (c) to add new clause (15) as
follows:
110-354(c) Special exceptions may be granted for the following:...
(15) Telecommunications towers, subject to the provisions
of Section 110-482.
2
City of Cape Canaveral
Ordinance No. 08-97
Page 3
SECTION 2. Section 110-354(15) is hereby established and added to the City of Cape
Canaveral Code of Ordinances as follows:
1. Purpose. The purpose of this Ordinance is to establish general guidelines for the
siting of wireless communications towers and antennas. The goals of this ordinance are to: (1)
protect residential areas and land uses from potential adverse impacts of towers and antennas; (2)
restrict the location of towers to non-residential areas; (3) minimize the total number of towers
throughout the community; (4) strongly encourage the joint use of new and existing tower sites as
a primary option rather than construction of additional single -use towers; (5) encourage users of
towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the
community is minimal; (6) encourage users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas through careful design, siting,
landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community quickly, effectively, and
efficiently; (8) consider the public health and safety and welfare and the safety of communication
towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering
and careful siting of tower structures. In furtherance of these goals, the City of Cape Canaveral shall
give due consideration to the regulations of this Ordinance, the City of Cape Canaveral's
comprehensive plan, zoning map and regulations, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
2. Definitions. As used in this Ordinance, the following terms shall have the meanings
set forth below:
(a) "Alternative tower structure" means man-made trees, clock towers, bell
steeples, light poles and similar alternative -design mounting structures that
camouflage or conceal the presence of antennas or towers.
(b) "Antenna" means any exterior transmitting or receiving device mounted on a
tower, building or structure and used in communications that radiate or
capture electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunications signals or
other communication signals.
(c) 'Backhaul network" means the lines that connect a provider's towers/cell sites
to one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
3
City of Cape Canaveral
Ordinance No. 08-97
Page 4
(d) "Collocation' means the location of two or more antennas on a single tower
or structure.
(e) "FAA" means the Federal Aviation Administration.
(f) "FCC" means the Federal Communications Commission.
(g) "Height" means, when referring to a tower or antenna, the distance measured
from the finished grade of the parcel to the highest point on the tower or
antenna, including the base pad and any antenna.
(h) "Nonconforming towers and nonconforming antennas" means any tower or
antenna for which a building permit, special exception, or other development
order has been properly issued by the City prior to the effective date of this
Ordinance, including permitted towers or antennas that have not yet been
constructed so long as such approval is current and not expired.
(i) "Personal Communication Services" is a relatively new technology of wireless
voice, video and data communication systems which are licensed by the
Federal Communications Commission over two new frequency bans as
defined in the Federal Telecommunications Act of 1996.
(j) "Tower" means any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telephone, radio and
similar communication purposes, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common -carrier towers, cellular
telephone towers, alternative tower structures, and the like. The term
includes the structure and any support and appurtenances thereto.
(k) "Wireless Communication" is the transmission and reception of voice, data or
video transmission via radio frequency (RF) signals through electromagnetic
energy.
3. Applicability.
D:4itycle&CityCWOrdmances\TELECOMMUNICA'nON S.doc
4
City of Cape Canaveral
Ordinance No. 08-97
Page 5
(a) New Towers and Antennas. All new towers or antennas in Cape Canaveral
shall be subject to these regulations, except as provided in paragraphs 3(b)
through (e), inclusive.
(b) Amateur Radio Station Operators/Receive Only Antennas. This Ordinance
shall not govern any tower, or the installation of any antenna, that is under
seventy (70) feet in height and is owned and operated by a federally -licensed
amateur radio station operator or is used exclusively for receive only antennas.
(c) Nonconforming Towers or Antennas. Nonconforming towers and
nonconforming antennas shall not be required to meet the requirements of this
Ordinance, other than the requirements of paragraphs 4(f) and 4(g).
(d) AM Array. For purposes of implementing this Ordinance, an AM array,
consisting of one or more tower units and supporting ground system which
functions as one AM broadcasting antenna, shall be considered one tower.
Measurements for setbacks and separation distances shall be measured from
the outer perimeter of the towers included in the AM array. Additional tower
units may be added within the perimeter of the AM array by right. For
purposes hereunder, AM or amplitude modulation shall be defined as the
encoding of a carrier wave by variation of its amplitude in accordance with an
input signal.
(e) Residential Use Antennas. This Ordinance shall not govern the installation of
television satellite antennas or other antennas used solely in conjunction with
residential use as defined and regulated by Section 110-478 of the Code of
Ordinances of the City of Cape Canaveral, Florida.
4. General Requirements.
(a) Principal or Accessory Use. Antennas and towers may be considered either
principal or accessory uses. A different existing use of an existing structure
on the same lot shall not preclude the installation of an antenna or tower on
such lot.
(b) Lot Size. For purposes of determining whether the installation of a tower or
antenna complies with zoning district development regulations, including but
not limited to setback requirements, lot -coverage requirements, and other
D:\cityclerkCityClk\Ordinances\TELECOMMUNICATIONS.dm
5
City of Cape Canaveral
Ordinance No. 08-97
Page 6
such requirements, the dimensions of the entire lot shall control, even though
the antennas or towers may be located on leased parcels within such lot.
(c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall
provide to the Building Official an inventory of its existing towers, antennas,
or sites approved for towers or antennas, that are either within the jurisdiction
of the City of Cape Canaveral or within one mile of the border thereof,
including specific information about the location, height, and design of each
tower. The Building Official may share such information with other applicants
applying for administrative approvals or special exceptions under this
ordinance or other organizations seeking to locate antennas within the
jurisdiction of Cape Canaveral, provided, however that the Building Official
is not, by sharing such information, in any way representing or warranting that
such sites are available or suitable.
(d) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to
reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall,
to the extent possible, use materials, colors, textures, screening, and
landscaping that will blend them into the natural setting and
surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be of a
neutral color that is identical to, or closely compatible with, the color
of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
(e) Lighting. Towers shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the lighting alternatives
and design chosen must cause the least disturbance to the surrounding views.
(f) State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency of the
D:\citycic`k1CityCWDrdirmces\TELECOMML NICATIONS.doc
0
City of Cape Canaveral
Ordinance No. 08-97
Page 7
state or federal government with the authority to regulate towers and
antennas. If such standards and regulations are changed, then the owners of
the towers and antennas governed by this ordinance shall bring such towers
and antennas into compliance with such revised standards and regulations
within six (6) months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling state or
federal agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(g) Building Codes; Safety Standards. To ensure the structural integrity of
towers, the owner of a tower shall ensure that it is maintained in compliance
with standards contained in applicable state or local building codes and the
applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the City of
Cape Canaveral concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon notice
being provided to the owner of the tower, the owner shall have thirty (30)
days to bring such tower into compliance with such standards. Failure to
bring such tower into compliance within said thirty (30) days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
(h) Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in Cape Canaveral
irrespective of municipal and county jurisdictional boundaries.
(i) Not Essential Services. Towers and antennas shall be regulated and permitted
pursuant to this ordinance and shall not be regulated or permitted as essential
services, public utilities, or private utilities.
(j) Franchises. Owners and/or operators of towers or antennas shall certify that
all franchises required by law for the construction and/or operation of a
wireless communication system in Cape Canaveral have been obtained and
shall file a copy of all required franchises with the Building Official prior to
issuance of a building permit.
(k) Public Notice. For purposes of this ordinance, any special exception request,
variance request, or appeal of an administratively approved use shall require
D.\cityclerMCityCdc\Ordmuica\TELECOMMUNICATION S.doc
7
City of Cape Canaveral
Ordinance No. 08-97
Page 8
public notice to all abutting property owners and all property owners of
properties that are located within the corresponding separation distance listed
in paragraph 7(b)(5)(ii), Table 2, in addition to any notice otherwise required
by local and state law.
(1) 5jM& No signs as defined in Section 94-1 shall be allowed on an antenna or
tower.
(m) Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements of
section 8.
(n) Multiple Antenna/Tower Plan. Cape Canaveral encourages the users of
towers and antennas to submit a single application for approval of multiple
towers and/or antenna sites. Applications for approval of multiple sites shall
be given priority in the review process.
(o) Height of Towers. The maximum height of any tower to be constructed in the
City of Cape Canaveral shall be two hundred thirty feet (230'), provided,
however, said tower may be increased in height only once pursuant to
Paragraph 6.(b)(1)(b)(ii) hereof.
5. Permitted Uses.
(a) General. The uses listed in this Paragraph are deemed to be permitted uses
and shall not require administrative approval or a special exception.
(b) Permitted Uses. The following uses are specifically permitted:
Antennas or towers located on property owned, leased, or otherwise
controlled by the City of Cape Canaveral provided a license, lease, or approval
authorizing such antenna or tower has been approved by the City Council of
Cape Canaveral.
6. Administratively Approved Uses.
(a) General. The following provisions shall govern the issuance of administrative
approvals by the Building Official for towers and antennas.
D:\cityclak\CityClklOrdinances\TELECOMMUNICAMONS.doc
8
City of Cape Canaveral
Ordinance No. 08-97
Page 9
(1) The Building Official may administratively approve the uses listed in
this paragraph 6.
(2) Each applicant for administrative approval shall apply to the Building
Official providing the information set forth in Sections 7(b)(1) and
7(b)(3) of this ordinance and a nonrefundable fee as established by the
City Council to reimburse Cape Canaveral for the costs of reviewing
the application.
(3) The Building Official shall review the application for administrative
approval and determine if the proposed use complies with Sections 4,
7(b)(4) and 7(b)(5) of this Ordinance.
(4) The Building Official shall respond to each such application within
sixty (60) days after receiving a fully completed application by either
approving or denying the application. If the Building Official fails to
respond to the applicant within said sixty (60) days, then the
application shall be deemed to be approved.
(5) In connection with any such administrative approval, the Building
Official may, in order to encourage shared use, administratively waive
any zoning district setback requirements in Section 7(b)(4) or
separation distances between towers in Section 7(b)(5) by up to fifty
percent (50%).
(6) In connection with any such administrative approval, the Building
Official may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing tower to
monopole construction.
(7) If an administrative approval is denied, the applicant shall file an
application for a special exception pursuant to paragraph 7 prior to
filing any appeal that may be available under the Zoning Ordinance.
(b) List of Administratively Approved Uses. The following uses may be approved
by the Building Official after conducting an administrative review:
D.\cityclerklCityCWOr&mcft\ MLECOMMUNICAnONS.doc
9
City of Cape Canaveral
Ordinance No. 08-97
Page 10
(1) Locating antennas on existing structures or towers consistent with the
terms of subparagraphs (a) and (b) below.
(a) Antennas on existing structures. Any antenna which is not
attached to a tower may be approved by the Building Official
as an accessory use to any commercial, industrial,
professional, institutional, or multi -family structure of eight or
more dwelling units, provided:
(i) The antenna does not extend more than thirty (30) feet
above the highest point of the structure;
(ii) The antenna complies with all applicable FCC and
FAA regulations; and
(iii) The antenna complies with all applicable building
codes.
(b) Antennas on existing towers. An antenna which is attached to
an existing tower may be approved by the Building Official
and, to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas
by more than one carrier on existing towers shall take
precedence over the construction of new towers, provided
such collocation is accomplished in a manner consistent with
the following:
(i) A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna
shall be of the same tower type as the existing tower,
unless the Building Official allows reconstruction as a
monopole.
(ii) Height
(a) An existing tower may be modified or rebuilt
to a taller height, not to exceed thirty (30) feet
over the tower's existing height, to
D:\cityclerMCiryCMOrd imcm\TELECOMMUNICATIONS.doc
10
City of Cape Canaveral
Ordinance No. 08-97
Page 11
accommodate the collocation of an additional
antenna.
(b) The height change referred to in subparagraph
(ii)(a) may only occur one time per
communication tower.
(c) The additional height referred to in
subparagraph (ii)(a) shall not require an
additional distance separation as set forth in
paragraph 7. The tower's premodification
height shall be used to calculate such distance
separations.
(iii) Onsite location
(a) A tower which is being rebuilt to
accommodate the collocation of an additional
antenna may be moved onsite within fifty (50)
feet of its existing location.
(b) After the tower is rebuilt to accommodate
collocation, only one tower may remain on the
site.
(c) A relocated onsite tower shall continue to be
measured from the original tower location for
purposes of calculating separation distances
between towers pursuant to paragraph 7(b)(5).
The relocation of a tower hereunder shall in
no way be deemed to cause a violation of
paragraph 7(b)(5).
(d) The onsite relocation of a tower which comes
within the separation distances to residential
units or residentially zoned lands as established
in paragraph 7(b)(5) shall only be permitted
when approved by the Building Official.
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City of Cape Canaveral
Ordinance No. 08-97
Page 12
(2) Installing a cable microcell network through the use of multiple low -
powered transmitters/receivers attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology
that does not require the use of towers.
7. Special Exceptions (M-1 Zoning District Only).
(a) General. The following provisions which shall govern the issuance of special
exceptions for towers or antennas:
(1) If the tower or antenna is not a permitted use under paragraph 5 of this
ordinance or permitted to be approved administratively pursuant to
paragraph 6 of this Ordinance, then the construction of a tower or the
placement of an antenna is only permitted on real property with an M-
1 Zoning District designation.
(2) Applications for special exceptions under this paragraph shall be
subject to any applicable procedures and requirements of the Zoning
Ordinance, except as modified in this paragraph.
(3) In granting a special exception, the Board of Adjustment may impose
conditions to the extent the Board of Adjustment concludes such
conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(4) Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a licensed
professional engineer.
(5) An applicant for a special exception shall submit the information
described both in this paragraph and Section 110-46 and a
non-refundable fee as established by the City Council to reimburse
Cape Canaveral for the costs of reviewing the application.
(b) Towers.
(1) Information required. In addition to any information required for
D:\cityclerk\Cit)rMOrdine \TELECOMMUNICATIONS.doc
12
City of Cape Canaveral
Ordinance No. 08-97
Page 13
applications for special exceptions pursuant to the Zoning Ordinance,
applicants for a special exception for a tower shall submit the
following information:
(i) A scaled site plan (no greater than one inch to fifty
feet) clearly indicating the location, type and height of
the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when
adjacent to other municipalities), Comprehensive Plan
classification of the site and all properties within the
applicable separation distances set forth in paragraph
7(b)(5), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the
proposed tower and any other structures, topography,
parking, and other information deemed by the Building
Official to be necessary to assess compliance with this
ordinance.
(ii) Legal description of the parent tract and leased parcel
(if applicable).
(iii) The setback distance between the proposed tower and
the nearest residential unit, platted residentially zoned
properties, and unplatted residentially zoned
properties.
(iv) The separation distance from other towers described
in the inventory of existing sites submitted pursuant to
paragraph 4(c) shall be shown on an updated site plan
or map. The applicant shall also identify the type of
construction of the existing tower(s) and the
owner/operator of the existing tower(s), if known.
(v) A landscape plan showing specific landscape materials.
(vi) Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
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13
City of Cape Canaveral
Ordinance No. 08-97
Page 14
(vii) A description of compliance with paragraphs 4(c), (d),
(e), (f), (g), 0), (1), and (m), 7(b)(4), 7(b)(5) and all
applicable federal, state or local laws.
(viii) A notarized statement by the applicant as to whether
construction of the tower will accommodate
collocation of additional antennas for future users.
(ix) Identification of the entities providing the backhaul
network for the tower(s) described in the application
and other cellular sites owned or operated by the
applicant in the municipality.
(x) A description of the suitability of the use of existing
towers, other structures or alternative technology not
requiring the use of towers or structures to provide the
services to be provided through the use of the
proposed new tower.
(xi) A description of the feasible location(s) of future
towers or antennas within Cape Canaveral based upon
existing physical, engineering, technological or
geographical limitations in the event the proposed
tower is erected.
(2) Factors Considered in Granting Special Exceptions for Towers. In
addition to any standards for consideration of special exception
applications pursuant to the Zoning Ordinance, the Board of
Adjustment shall consider the following factors in determining
whether to issue a special exception, although the Board of
Adjustment may waive or reduce the burden on the applicant of one
or more of these criteria if the Board of Adjustment concludes that the
goals of this ordinance are better served thereby:
(i) Height of the proposed tower;
(ii) Proximity of the tower to residential structures and
residential district boundaries;
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14
City of Cape Canaveral
Ordinance No. 08-97
Page 15
(iii) Nature of uses on adjacent and nearby properties;
(iv) Surrounding topography;
(v) Surrounding tree coverage and foliage;
(vi) Design of the tower, with particular reference to design
characteristics that have the effect of reducing or
eliminating visual obtrusiveness;
(vii) Proposed ingress and egress; and
(viii) Availability of suitable existing towers, other
structures, or alternative technologies not requiring the
use of towers or structures, as discussed in paragraph
7(b)(3) of this Ordinance.
(3) Availability of Suitable Existing Towers, Other Structures, or
Alternative Technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the Board of
Adjustment that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's a proposed antenna. An applicant shall submit
information requested by the Board of Adjustment related to the
availability of suitable existing towers, other structures or alternative
technology. Evidence submitted to demonstrate that no existing
tower, structure or alternative technology can accommodate the
applicant's proposed antenna may consist of any of the following:
(i) No existing towers or structures are located within the
geographic area which meet applicant's engineering
requirements.
(iii)
D:\citycle&CityCl dir=ca\7ELECOMMUNICA-nONS.doc
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
Existing towers or structures do not have sufficient
15
City of Cape Canaveral
Ordinance No. 08-97
Page 16
structural strength to support applicant's proposed
antenna and related equipment.
(iv) The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the
existing towers or structures, or the antenna on the
existing towers or structures would cause interference
with the applicant's proposed antenna.
(v) The fees, costs, or contractual provisions required by
the owner in order to share an existing tower or
structure or to adapt an existing tower or structure for
sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
(vi) The applicant demonstrates that there are other limiting
factors that render existing towers and structures
unsuitable.
(vii) The applicant demonstrates that an alternative
technology that does not require the use of towers or
structures, such as a cable microcell network using
multiple low -powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna
development shall not be presumed to render the
technology unsuitable.
(4) Setbacks. The following setback requirements shall apply to all towers
for which a special exception is required; provided, however, that the
Board of Adjustment may reduce the standard setback requirements
if the goals of this ordinance would be better served:
(i) Towers must be set back a distance equal to at least
seventy-five percent (75%) of the height of the tower from
any adjoining lot line.
(ii) Guys and accessory buildings must satisfy the minimum zoning
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16
City of Cape Canaveral
Ordinance No. 08-97
Page 17
district setback requirements.
(5) Separation. The following separation requirements shall apply to all
towers and antennas for which a special exception is required;
provided, however, that the Board of Adjustment may reduce the
standard separation requirements if the goals of this ordinance would
be better served thereby.
(i) Separation from off-site uses/designated areas.
(a) Tower separation shall be measured from the base of
the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as
otherwise provided in Table 1.
(b) Separation requirements for towers shall comply with
the minimum standards established in Table 1.
Table 1:
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units'
200 feet or 300% height of tower whichever
is greater
Vacant single-family or duplex residentially
200 feet or 300% height of tower' whichever
zoned land which is either platted or has
is greater
preliminary subdivision plan approval which is
not expired
Vacant unplatted residentially zoned lands3
200 feet or 300% height of tower whichever
is greater
Existing multi -family residential units greater
200 feet or 300% height of tower whichever
than duplex units
is greater
Non -residentially zoned lands or non-
None; only setbacks apply
residential uses
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17
City of Cape Canaveral
Ordinance No. 08-97
Page 18
Highway Al 200 feet or 100% height of tower whichever
is greater
'Includes modular homes and mobile homes used for living purposes.
2Separation measured from base df tower to closest building setback line.
31ncludes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval
and any multi -family residentially zoned land greater than duplex.
(ii) Separation distances between towers.
(a) Separation distances between towers shall be
applicable for and measured between the proposed
tower and preexisting towers. The separation
distances shall be measured by drawing or following a
straight he between the base of the existing tower and
the proposed base, pursuant to a site plan, of the
proposed tower. The separation distances (listed in
linear feet) shall be as shown in Table 2.
(b) Table 2:
Existing Towers - Types
D:\citycle&CilyClk\Ordine =\TELECOMMUNICATIONS.dm
18
Lattice
Guyed
Monopole 75
Monopole
Ft in Height or
Less Than 75
Greater
Ft in Height
Lattice
5,000 ft
5,000 ft
1,500 ft
750 ft
Guyed
5,000 ft
5,000 ft
1,500 ft
750 ft
Monopole
75 Ft in
1,500
1,500
1,500 ft
750 ft
Height or
ft
ft
Greater
Mono ole
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18
City of Cape Canaveral
Ordinance No. 08-97
Page 19
Less Than
75 Ft in
750 ft
750
750
Height
750 ft
ft
ft
(6) Security fencing. Towers shall be enclosed by security fencing not less
than six feet in height and shall also be equipped with an appropriate
anti -climbing device; provided however, that the Board of
Adjustment may waive such requirements, if the goals of this
Ordinance are better served thereby and the public health, safety, and
welfare is not adversely affected by such waiver.
(7) Landscaping. In addition to any other applicable landscaping
requirements in the Zoning Ordinance, the following requirements
shall also govern the landscaping surrounding towers for which a
special exception is required; provided, however, that the Board of
Adjustment may waive such requirements if the goals of this ordinance
would be better served thereby.
(i) Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower
compound from property used for residences. The standard
buffer shall consist of a landscaped strip at least four (4) feet
wide outside the perimeter of the compound.
(ii) In locations where the visual impact of the tower would be
minimal, the landscaping requirement may be reduced or
waived by the Board of Adjustment if the goals of this
Ordinance would be better served thereby.
(iii) Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some
cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
8. Equipment Cabinets and Accessory Structures.
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19
City of Cape Canaveral
Ordinance No. 08-97
Page 20
(a) Antennas Mounted on Structures or Rooftops. The equipment cabinets or
structures used in association with antennas shall comply with the following:
(1) The cabinet or structure shall not contain more than thirty-six square
feet (36) of gross floor area or be more than six feet (6) in height.
(2) Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(b) Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in accordance
with the following:
(1) In residential districts, the equipment cabinet or structure may be
located:
(i) In a rear or side yard provided the cabinet or structure is no
greater than six feet (6) in height or thirty-six square feet (36)
of gross floor area and shall otherwise conform to the
requirements of Section 110-468 as an accessory structure.
(ii) The structure or cabinet shall be screened from view.
(2) In commercial or industrial districts the equipment cabinet or structure
shall be no greater than six feet (6) in height or thirty-six square feet
(36) in gross floor area and shall otherwise conform to the
requirements of Section 110-468 as an accessory structure. The
structure or cabinet shall be screened from view.
9. Removal of Abandoned Antennas and Towers. Any antenna or tower that is not
operated for a continuous period of twelve (12) months shall be considered abandoned, and the
owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice
from the City of Cape Canaveral notifying the owner of such abandonment. Failure to remove an
abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or
antenna at the owner's expense. If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
10. Nonconforming Uses.
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20
City of Cape Canaveral
Ordinance No. 08-97
Page 21
(a) Not Expansion of Nonconforming Use. Towers or antennas that are
constructed, and antennas that are installed, in accordance with the provisions
of this ordinance shall not be deemed to constitute the expansion of a
nonconforming use or structure.
(b) Preexisting towers. Nonconforming towers or antennas shall be allowed to
continue their usage as they presently exist. Routine maintenance shall be
permitted on such nonconforming towers or antennas. New construction
other than routine maintenance on a nonconforming tower or antenna shall
comply with the requirements of this ordinance.
(c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas.
Notwithstanding paragraph 9, bona fide nonconforming towers or antennas
that are damaged or destroyed may be rebuilt without having to first obtain
administrative approval or a special exception and without having to meet the
separation requirements specified in paragraphs 7(b)(4) and 7(b)(5). The
type, height, and location of the tower onsite shall be of the same type and
intensity as the original facility approval. Building permits to rebuild the
facility shall comply with the then applicable building codes and shall be
obtained within 180 days from the date the facility is damaged or destroyed.
If no permit is obtained or if said permit expires, the tower or antenna shall
be deemed abandoned as specified in paragraph 9.
(d) Collocation. To accommodate collocation, nonconforming towers may add
additional antennas (belonging to the same carrier or other carrier) subject to
administrative review pursuant to paragraph 6 of this Ordinance.
(e) Repair. Nothing in this Ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any nonconforming tower or
antenna or part thereof declared to be unsafe by the Building Official or any
other City official authorized to protect the public, health, safety, and welfare.
SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the
extent of the conflict.
SECTION 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral Code and any section or paragraph number or letter and any heading may be changed
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21
City of Cape Canaveral
Ordinance No. 08-97
Page 22
or modified as necessary to effectuate the foregoing.
SECTION 5. Severability. Should any section or provision of this Ordinance, or any
_ portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
SECTION 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of
, 1997.
ATTEST:
Burt Bruns
Tony Hernandez
Sandra O. Sims, CITY CLERK Buzz Petsos
John Porter
Rocky Randels
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
D:kityclerkkCityCMOrdijmceslTELECOMMUNICATIONS.doc
22
John K. Porter, MAYOR
FOR AGAINST
Posted: August 8, 1997
Publish: July 29, 1997
First Reading: August 5, 1997
Publish: August 22, 1997
Second Reading: September 2, 1997
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Public Hearings -2nd
This ordinance updates our current code due to recent FCC rule-making. The Planning & Zoning Board has
Readings
item
13
No.
City 's Office _� -
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 09-97, EARTH STATION ANTENNAS
DEPT./DIVISION: PLANNING & ZONING/GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of this earth station antenna ordinance.
Swnmary Explanation & Background:
This ordinance updates our current code due to recent FCC rule-making. The Planning & Zoning Board has
recommended approval of this ordinance. _
I recommend approval.
Exhibits Attached:
Ordinance No. 09-97
City 's Office _� -
Department PLANNING & ZONING/GROWTH
' % %
MANAGEMENT
ORDINANCE NO. 09-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING
SECTION 110-1, DEFINITIONS, AND SECTION 110-478, EARTH STATION
ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 10-1, Definitions, of the Code of Ordinances is hereby amended
by the deletion of the definition for Earth station antenna, and adopting a new definition for
Antenna and Satellite Dish, as follows:
Antenna means any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or other
communication signals.
Satellite dish means any device incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia
shaped and is used to transmit and/or receive electromagnetic signals. This
definition is meant to include, but is not limited to, what are commonly referred to
as satellite earth stations, TVROs, and satellite microwave antennas.
SECTION 2. Section 110-478, Earth Station Antennas, of the Code or Ordinances is
hereby repealed in its entirety, and the following is adopted in lieu thereof:
See. 110-478. Residential use antennas/satellite dishes.
Residential use antennas shall mean the residential or personal, noncommercial use of
any of the following:
(i) a ground - or building - mounted receiver - only radio or TV antenna;
(ii) a ground - or building - mounted citizens band radio antenna;
(iii) a ground - or building - mounted panel antenna with a face area of less than four
and one-half (4 1/2) square feet;
(iv) a ground - or building - mounted satellite dish antenna less than ten (10) feet in
diameter.
Installation of the foregoing antennas shall comply with the following restrictions:
(a) No owner, occupant or tenant of any residential use property shall erect, construct
or install any antenna, or satellite dish antenna over one (1) meter or thirty-nine
(39) inches in diameter or on a mast in excess of twelve (12) feet in height
without first obtaining a permit from the building official.
(b) Prior to the issuance of any permit for the erection, construction or installation of
any antenna, the building official shall require an approved design placement
drawing and engineering specifications, signed and sealed by an engineer licensed
in the state, to meet all city and state laws and ordinances relating to attachment
and anchoring to achieve compliance with one hundred ten (110) mile per hour
wind zone requirements as referred in Chapter 16, Section 1606 of the Standard
Building Code.
(c) All materials that make up the installation of such antennas and supporting
structures shall be of a non -corrosive material to prevent metal fatigue from
maintenance neglect.
(d) No earth station antenna exceeding one (1) meter or thirty-nine(39) inches in
diameter shall be mounted onto the top of side of any single-family building
duplex or triplex.
(e) Earth satellite dish antennas in excess of one (1) meter or thirty-nine (3 9) inches
in diameter shall be allowed only in the rear or side yard in all zoning districts.
Placement shall not be allowed in the front yard of any lot or parcel in any zoning
district. Compliance with the side setback is required. The rear setback should be
complied with, except when compliance prevents installations.
(f) All electrical installations for the purpose of erection of antennas shall be in
accordance with the electrical code adopted in Section 82-116 and all applicable
city ordinances. Installation of all antennas shall not be within ten (10) feet
horizontally of any overhead power transmission line.
(g) In all zones, ground -mounted earth station antennas shall be erected at the
minimum height which allows satellite reception, not to exceed seven (7) feet in
R-1 and R-2 zones and twenty-two (22) feet in all other zones. The measurement
shall be calculated from the established grade to the dish center.
(h) The maximum outside diameter allowed for a dish receiver is ten (10) feet, and
only one (1) satellite dish antenna exceeding one (1) meter or thirty-nine (39)
inches in diameter shall be allowed on any lot or parcel of land.
(i) Any ground -placed antenna drive mechanism, less than six (6) feet high to its
lowest point, shall be fenced or screened by a six (6) foot high fence at least
eighty (80) percent opaque at its base.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of
this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the
remaining portions hereof, and it shall be construed to have been a legislative intent to
pass this Ordinance without such unconstitutional or invalid part.
SECTION 4. CONFLICTING PROVISIONS. Any ordinance or resolution, or
parts of an ordinance or resolution, in conflict herewith are repealed.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption.
ADOPTION BY the City Council of the City of Cape Canaveral, Florida, this
day of 11997.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
G:\CityClk\ORDINANC\ZONING\Earth Station Antennas.doc
FOR AGAINST
Posted:
Publish:
First Reading:
Second Reading:
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Public Hearings - 1st
The vacation was requested by the property owners. The P&Z Board approved this request at their 08-13-97
Reading
Iran
14
No.
e Office
City Mana '
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 11-97, VACATING AND ABANDONING A PORTION OF THE
PROPOSED RIGHT OF WAY EXTENSION OF PORT ROAD
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council approve Ordinance No. 11-97 at first reading.
Summary Explanation & Background:
The vacation was requested by the property owners. The P&Z Board approved this request at their 08-13-97
meeting.
I recommend approval.
Exhibits Attached:
Request information; Ordinance No. 11-97
e Office
City Mana '
Department P&Z/GROWTH MANAGEMENT
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
August 27, 1997
MEMORANDUM:
TO: Sandi Sims, City Clerk
FROM: Whitey Moran, Building Officig-
Re: Request To Vacate / Portion Of Proposed Right Of Way Of Port Road
Please place the resolution to vacate referenced above as submitted by the City Attorney
on the next available City Council agenda.
The Planning & Zoning Board unanimously recommended approval in the meeting held
on August 13, 1997.
Staff recommends approval of this request.
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, VACATING AND ABANDONING A PORTION OF
THE PROPOSED RIGHT OF WAY EXTENSION OF PORT
ROAD; RESERVING AN EASEMENT FOR PUBLIC UTILITIES;
REPEALING PRIOR INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has received a
petition to vacate and abandon a portion of the proposed right of way extension of Port
Road pursuant to the terms of that certain Agreement dated February 1, 1966 that
provided that the City must deed back the property received if a roadway is not
constructed within two years; and
WHEREAS, the Council has determined that all owners of the abutting property
have joined in the request for this vacation; and
WHEREAS, public utilities are presently located within said property; and
WHEREAS, the City finds that the best interests of its citizens will be served by
the closing, vacating, and abandoning of said property retaining a public utility easement
across the west fifteen feet (15') of said property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, as follows:
SECTION 1. That portion of the proposed right of way extension of Port Road
more fully described as follows:
A tract of land in section fourteen (14), township twenty-four (24) south,
range thirty-seven (37) east, described as follows:
City of Cape Canaveral, Florida
Ordinance No. 11-97
Page 2
Commence at the southwest corner of said section fourteen (14) and run
north along the west line of said section fourteen (14), one thousand two
hundred thirteen and five tenths (1213.5) feet to the point of beginning of
the land herein described; thence for a first course continue north along the
west line of said section fourteen (14), fifty-five (55) feet to a point; thence
for a second course run east eighty (80) feet to a point; thence for a third
course run south fifty-five (55) feet to a point; thence for a fourth course
run west eighty (80) feet to the point of beginning. Reserving to the City
of Cape Canaveral the West 15 feet of the above described tract of land for
a utility easement.
shall be and is hereby vacated, abandoned, and closed on the effective date of this
Ordinance, pursuant to Section 66-36 of the Code of Ordinances of the City, provided,
however, that an easement is reserved for public utilities along the said vacated property
as described above. Pursuant to the terms of the above -referenced Agreement, this
vacation shall be in favor of Eugene J. Jandreau and Marie Jandreau, his wife, as the
individuals who originally transferred the said property to the City.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict.
SECTION 3. If any provision of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such provision shall be deemed a
separate, district, and independent provision and such holding shall not affect the validity
of the remaining provisions of this Ordinance.
SECTION 4. This Ordinance shall be effective immediately upon adoption by
the City of the City of Cape Canaveral, Florida.
City of Cape Canaveral, Florida
Ordinance No. 11-97
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of
ATTEST:
Sandra Rozar Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
1997.
John K. Porter, MAYOR
Name:
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
First Reading:
Posted:
Publish:
Second Reading:
FOR AGAINST
AEDILE CONTRACTORS
— t.,c.
May 11, 1997
City of Cape Canaveral
Whitey Moran
105 Polk Street
Cape Canaveral, FL 32920
RE: Request for vacating, and abandon of right of way
Dear Whitey:
5
GENERAL CONTRACTORS
Design/Build
CGC032922
Z-=atii
BUTTON
City Mgr.
City Airy -
-----
Pub. 1N� —f-
3u;n_�vtj_
Finance Dir.
This is in accordance with your petition for vacating property. The reason for this letter is to state our
purpose for requesting vacation of property.
1. The property has been vacated on both adjacent properties.
2. The right of way for road purposes has been abandoned by the city
3. Our acquiring this property will put the property back on the tax records, which would generate
more revenue for the city.
4. For the purpose of developing this property.
Let this letter also serve as notice that we will pay all costs, as requested, for legal fees, filing fees,
administrative costs, advertising and engineering if needed.
The only request we have is we be informed of cost before they are incurred.
Sincerely,
Arthur W. Be r
Vice Presi ent
AWB/jh
8660 Astronaut Boulevard, Suite #208 9 Cape Canaveral, FL 32920 • (407) 868-6700 • Fax: (407) 868-1008
SKETCH OF—SURVEY
ExPUJRATION Or ABBREVWXWs
nu roeworr Imvmez uoeeFar
KP roewea oaasaL Hart
LEGEND:
LEGAL DESCRIPTION (O.R.S. 875, PG. 621):
O Set 5/8' Iron rebor with
A tract of land in section fourteen (14), township twenty—four (24) south.
cap f 6484
• Found Iran rebar, size
range thirty—seven (37) east, descreibed as follows:
and cap f
Commence at the southwest corner of said section' fourteen (14) and run north
❑ Set 4'x 4' concrete
along the west line of said section fourteen (14), one thousand two hundred
monument with cap f 6464
thirteen and rive tenths (1213.5) feet to the point of beginning of the land
■ Found concrete monument.
herein described; thence for a First course continue north along the west line
of said section fourteen (14), fifty—rive (55) feet to a point; thence for a
size and IdenUficatton f
A Set nag and disk f 2351
second course run east eighty (80) feet to a point; thence for a third course
• Found nae and disk.
run south fifty—five 55 feet to a
ty ( ) point: thence for a }OUrth COUrse run West
Identification f as shown
eighty (80) feet to the point of beginnig.
Reserving to the City of Cape Canaveral the West 15 feet of the above
rsic
described tract of land for an utility easement .
�.. ( (A '.t $= 1. The Surveyor did not perform a Title Search to determine lif there are any
I tO 1 easements or rights of way that may affect this site.
z 2. The legal description shown hereon was furnished to the surveyor.
3. The Bearings shown hereon are relative to the West line of the Southwest 1/4
of Section 14, Township 24 South, Range 37 East being N.01'29'54"W.,
i'•' 1 Z l and may not be atrue North Azimuth.
4. No underground utilities or improvements were located by this survey.
O I-
r�j,l' I I
POINT OF COMMENCEMENT
SOUTHWEST CORNER OF
SECTION 14, TOWNSHIP 24
ss'
r� SOUTH. RANGE 37 EAST
f±.r.
•fy1.?' FOR INFORMATION ONLY
The Surveyor no longer certifies the FEMA Zone. This certification 1s made
by an independent contractor of the Federal Covemment. As a c ourtesy to the
client. this Surveyor feels that this parcel lies in FIRM Zone(s) x
per Community Panel 125094-0350 E. dated 4/3/89.
i .
Drawn WIF BOUNDARY SURVEY
Scale: Certified to:
' 1"=40' /
Date:IN AEDILE CONTRACTORS, INC.
4/29/97 pry
Project # 3323 N. COURTENAY PARKWAY - SUITE 1 -
MAUNA ADDRESS: P.O. BOX 54214e I hereby certify that the wrwy shown hxean la true and correct ta• the beat
t 97-26-3 of TT ISLAND, FL 32954 PHCNE (407) 453-51120 of my knowledge and belle(, based an actual measurements taken in- the field._
1This survey meets the Minimum Technical Standards as set forth by • ;
DATE REVISIONS the Florida Board of Professional Land Surve}on in Chapter St a 17-6. Florida
Administrative Code, purauarf to Section X472.027. Florida Statutes.
VNUSS R SCARS THE 50IATURE
Afro ORIGPYL RNSED SEAL OF /irL
A FLORIDA UCENSm AIRYETfM
AND 1AWPER TMS DRAWW
Wt
SKETCK PIAT OR LAP f5 FOR John R. CompbodINMRWaIOWL PURPOSES ONLY Professional Land Surwyar,a; 2351..
AND IS NOT VAID. Slate of Florida .i,
ExPUJRATION Or ABBREVWXWs
nu roeworr Imvmez uoeeFar
KP roewea oaasaL Hart
'
NORTHWEST CORNER OF
Pa's
Ks
mKarr
PM
ow [OLOW
Karr or %vxocf
wrror o eee l
POW or aaruso ne'rJ r
OF Ie� ort AAAA
SW 1/4 OF SW 1/4 OF
Fnao
M* or "1O�'""
I SECTION 14, TOWNSHIP 24
Am as
Loaccua LURAL AFIaE
ta.ec
I SOUTH, RANGE 37 EAST
F
I
i w
�_
rplare t I1100' or
�iC
1 Sr1� fuS+IL1L�)
I I
rsic
oowcm Noor stslrnsc
I _
am
M
somPOPOWER F=
omcm.Ka
ret WERW
I TAX PARCEL 504.1
�
am ama
' N.89'42'38" E (o.R.H. te48, PC. 756)
OL
� ,e�
Rnr1
1
a
� ^ •r80.02'
EAST. 80' (DEED)
r w
FOD r"W OF Punt Mvn1 W=
3 _
3
NCq
IWQ o®aIo wxfrAL now
MnW1°raw
c PROPOSED 15'
I W 15' �—UTILITY W
Pi
�C
rl' FISBAENT _
I tf)�- g I e
PW
op
v7
I Q1 p I TAX PARCEL 509.1 00 TAX PARCEL 506
'on
u,
.1.
O�WILM�
nam FD"
w N
I N ui I(O.R.S. 875, PG. 621)
to 0) (O.R.B. 1369. PG. 398)
�,u
� sw.crat
W •.r
I 0 I DUSTING
RAM WAP
CL N
I /rSSHM O
CL
Z O
z u, Z
I WEST, 80' (DEED)
ZI
I 80.02
o
I I
S.89'42'38"W.
TAX PARCEL 508
vi
(O.R.B. 318, PG. 608)
LO
\1
O
I I? I
U
UJ
I O
w -i o SURVEYORS NOTES
�.. ( (A '.t $= 1. The Surveyor did not perform a Title Search to determine lif there are any
I tO 1 easements or rights of way that may affect this site.
z 2. The legal description shown hereon was furnished to the surveyor.
3. The Bearings shown hereon are relative to the West line of the Southwest 1/4
of Section 14, Township 24 South, Range 37 East being N.01'29'54"W.,
i'•' 1 Z l and may not be atrue North Azimuth.
4. No underground utilities or improvements were located by this survey.
O I-
r�j,l' I I
POINT OF COMMENCEMENT
SOUTHWEST CORNER OF
SECTION 14, TOWNSHIP 24
ss'
r� SOUTH. RANGE 37 EAST
f±.r.
•fy1.?' FOR INFORMATION ONLY
The Surveyor no longer certifies the FEMA Zone. This certification 1s made
by an independent contractor of the Federal Covemment. As a c ourtesy to the
client. this Surveyor feels that this parcel lies in FIRM Zone(s) x
per Community Panel 125094-0350 E. dated 4/3/89.
i .
Drawn WIF BOUNDARY SURVEY
Scale: Certified to:
' 1"=40' /
Date:IN AEDILE CONTRACTORS, INC.
4/29/97 pry
Project # 3323 N. COURTENAY PARKWAY - SUITE 1 -
MAUNA ADDRESS: P.O. BOX 54214e I hereby certify that the wrwy shown hxean la true and correct ta• the beat
t 97-26-3 of TT ISLAND, FL 32954 PHCNE (407) 453-51120 of my knowledge and belle(, based an actual measurements taken in- the field._
1This survey meets the Minimum Technical Standards as set forth by • ;
DATE REVISIONS the Florida Board of Professional Land Surve}on in Chapter St a 17-6. Florida
Administrative Code, purauarf to Section X472.027. Florida Statutes.
VNUSS R SCARS THE 50IATURE
Afro ORIGPYL RNSED SEAL OF /irL
A FLORIDA UCENSm AIRYETfM
AND 1AWPER TMS DRAWW
Wt
SKETCK PIAT OR LAP f5 FOR John R. CompbodINMRWaIOWL PURPOSES ONLY Professional Land Surwyar,a; 2351..
AND IS NOT VAID. Slate of Florida .i,
149
�L
r----.327 Ar-
----------------------------
C-1
-------------------------C-!
I SJT ,IC 0.03
0-01►S
TUTEN'S SUB.
(1-22).'23
1
APPROVAL OF REQUEST TO VACATE
I, the undersigned, do attest that I approved of the "Request To Vacate" for property
located at:
E-2 8.45 AC. Tm,s suB.
(1-22). 28
.Scyona. �GIQr E� �pn.�ese /n a,
Signature
Cuj,, L/ �
Notary Signature (�
Catherine J Roby
Seal: -* My Commission CC 6-7-M9
wes Aug. 13.-2000
Commission expires:
APPROVAL OF REQUEST TO VACATE
I, the undersigned, do attest that I approved of the "Request To Vacate" for property
located at: 8507 N. Atlantic Aven_pe, Cape Canaveral, FL 32920 509
% r 3.11 AC.
igna�iXfe—'f qty to the mrth and to the east of
to be vacated
Notary Signature
Seal: .�� Rhonda S. Owens
,.:IM MRON I =4907 EXPIRES
:, September 19, 1999
Commission expirfk�` °CM°E0T"'"�Q1f"1N1M01""""'''H0'
(Print, Type, or Stamp Commissigned Name of notary Public)
I
Ptnwtzlly Known Uig Produced :dentdication ❑
Type of L D_ Produced
PROOF OF OWNERSHIP
I, Eugene Jandreau, and spouse, Maria Jandreau, owner's of property per attached:
Survey/Project #97-26-3 4-29-97, do hereby appoint James Morgan and/or Arthur W.
Berger, as our agents, to act in our behalf of "Request To Vacate" said property.
wneAignatu
Notary Signatures
Owner Signature
Seal: •'i�"' Vit;., Rhonda S. Owens
_•r :*_Y WIVIMISSION Y CC496M EXPIRES
September 19, 1M
Commission Expires: ` H(iWMTHRUTROY FAIN INSURANCE. INC -
(Print, Type, or Stamp Commissioned Name of Notary Public)
3 i� ;Wally Knox SGP. Produced Identification ❑
14"�, �, Pt aced
e BrT�
T,,
Mr. Arthur Berger, Vice President
Aedile Contractors, Inc.
8660 Astronaut Blvd. Suite 4208
Cape Canaveral, FL. 32920
I
y of Cape Canaveral
Re; Request Dated May 11, 1997 /.Vacating
-Dear Mr. Berger:
The above request has been forwarded to the City Attorney for preparation of the
documents necessary for presentation to City Council.
I will keep you informed of the status of your request.
Sincerely,
G. . Moran, CBO
Building Official
cc: Bennett Boucher, City Manager
file
105 POLX AVENUE 0 POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920_o3?a
*77
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
of underpayment is ultimately correct,
the grantee shall bear the cost of such
audit.
(3) The city shall have the right, upon rea-
sonable notice, to inspect a grantee's in-
come records, to audit any and all rele-
vant records, and to recompute any
amounts determined to be payable under
a franchise and this article.
(4) In the event that any franchise payment
is not received by the city on or before the
applicable due date, interest shall be
charged from such date at the statutory
rate for judgments.
(5) In the event a franchise is revoked or
otherwise terminated prior to its expira-
tion date, a grantee shall file with the city,
within 90 days of the date of revocation or
termination, a verified or, if available, an
audited financial statement showing the
gross revenues received by the grantee
since the end of the previous year and
shall make adjustments at that time for
the franchise fees due up to the date of
revocation or termination.
(6) Nothing in this section shall limit the
city's authority to tax a grantee, or to
collect any fee or charge permitted by law,
and no immunity from any such obliga-
tion shall attach to a grantee by virtue of
this section.
(Ord. No. 4-97, § 1, 4-1-97)
Secs. 66-2-66-25. Reserved.
ARTICLE II. STREETS*
DIVISION 1. GENERALLY
Sec. 66-26. Civil liability for damage.
Any person is civilly liable to the city for the
actual damage to a street in the city because of his
§ 66-36
negligent or wrongful act. Costs to repair the
damage may be recovered by suit, including rea-
sonable attorneys' fees, in the collection of the
costs to repair the damage.
(Code 1981, § 501.07)
Sec. 66-27. Speed bumps.
The use of speed bumps on private or public
roadways or driveways within the city is hereby
expressly prohibited. Every speed bump lawfully
permitted at the time of the adoption of this
chapter which violates or does not conform to this
chapter shall be allowed to remain until such time
as they are, in the opinion of the fire chief or his
designee, worn out or the pavement or surface of
the public or private roadway is being repaved or
repaired. Speed humps shall be permitted within
the private and public roadways of the city, pro-
vided they meet the following requirements:
(1) They must be constructed to a minimum
of 12 feet in width from front to back in
direction of traffic, increasing in height
provided that it shall not exceed three
inches in height at its center.
(2) Plans depicting the speed hump must be
submitted and preapproved by the fire
department before installation.
(3) A sign warning of the speed hump shall be
erected pursuant to the state department
of transportation requirements.
In addition, citizens may petition the city coun-
cil for the construction of a speed hump on a
public street if the applicant can demonstrate
that a definable hazard will be diminished by its
installation. No such request shall be considered
unless it is accompanied by a petition signed by at
least 75 percent of the adjacent residents in the
affected block. Nothing herein shall abrogate the
right of the city from erecting a speed hump on
any city street should the city deem it necessary.
(Ord. No. 14-96, § 1, 8-20-96)
Secs. 66-28-66-35. Reserved.
DIVISION 2. ABANDONMENT
'Cross references weeping litter into gutters prohib- Sec. 66-36. Authority.
ited, § 34-31; traffic and vehicles, ch. 74; truck routes estab-
lished, § 74-30; stormwater management, § 90-116 et seq.; The city council, with respect to property under
visibility requirements at intersections, § 110-469. its control, may in its own discretion and of its
Supp. No. 4 CD66:5
§ 66-36
CAPE CANAVERAL CODE
own motion or upon the request of any agency of
the state, county or of the federal government or
upon petition of any person is authorized and
empowered to:
(1) Vacate, abandon, discontinue and close
any existing public street, alleyway, road,
highway or other place used for travel or
any portion thereof, other than a state,
county or federal highway or road, and to
renounce and disclaim any right of the
city and the public in and to any land in
connection therewith;
(2) Renounce and disclaim any right of the
city and the public in and to any land or
interest therein acquired by ptirchase,
gift, devise, dedication or prescription for
street, alleyway, road or highway pur-
poses, other than lands acquired for state,
county and federal highways; and
(3) Renounce and disclaim any right of the
city and the public in and to land, other
than land constituting or acquired for a
state, county or federal highway, delin-
eated on any recorded map or plat as a
street, alleyway, road or highway.
(Code 1981, § 501.05(A))
Sec. 66-37. Petition for action.
The request for abandonment of any street by
any agency of the state, county or of the United
States or of any person to the city council to take
action shall be in writing and shall be by petition
on a form provided by the city.
(Code 1981, § 501.06)
Sec. 66-38. Petition procedure.
(a) The petition for requests for abandonment
of city streets shall be filed with the city clerk.
The petition is reviewed by the planning and
zoning board. The planning and zoning board
shall issue a recommendation.
(b) The planning and zoning board's recommen-
dation shall be presented to the city council for
review. The city council shall review the recom-
mendation and approve or disapprove the peti-
tion.
(Code 1981, § 501.07)
Sec. 66-39. Ordinance required.
Before any such street shall be closed and
vacated or before any right of interest or the city
or public in any land delineated on any recorded
map or plat as a street shall be renounced and
disclaimed, the city council shall adopt an ordi-
nance. The ordinance shall be recorded in the
records of the county.
(Code 1981, § 501.06)
Secs. 66-40-66-60. Reserved.
ARTICLE III. EXCAVATIONS*
DIVISION 1. GENERALLY
Sec. 66-61. Penalty.
Any person violating this article shall, upon
conviction, for each offense be punished as pro-
vided in section 1-15.
(Code 1981, § 727.14)
Sec. 66-62. Liability of city.
This article shall not be construed as imposing
upon the city or any official or employee any
liability or responsibility for damages to any per-
son injured by the performance of any excavation
work for which an excavation permit is issued
under this article nor shall the city or any official
or employee thereof be deemed to have assumed
any such liability or responsibility because of
inspections authorized under this article, the is-
suance of any permit or the approval of any
excavation work.
(Code 1981, § 727.13)
Sec. 66-63. Inspections.
The city shall make such inspections as are
reasonably necessary in the enforcement of this
article.
(Code 1981, § 727.10)
*Cross references.—Utilities, ch. 78; excavation and grad-
ing code adopted, § 82-296 et seq.; stormwater management, §
90-116 et seq.
Supp. No. 4 CD66:6
eai' 4875 iiu ra
Prinud !ar Leryar,' 'Flub Caarony Farad, Orlando. Fkrldn
3 0 � SNOW & 67,9S
arrant]DeedCOCOA UN I
I It
STATUTORY r �► S C %►�
Pis 3nbrnturr. Made this 29''`— day of Larch �� fig,"°j>�e
EUGENE J. JANDREAU and MARIE JANDREAU, husband and wi �.�`
of the County of Brevard , State of Florida 8RE q���COG c and
CITY OF CAPE CANAVERAL FLORIDA a municipal corporation4 ��'�
under the laws of the tate of Florida, �r1fiQ
whose post office address Is Cape Canaveral,
of the County of Brevard , State of Florida� JUirI antes,
+�,. 8
Oltttr8art4. 77int said grantor, for and in consideration of the sum of ��lQ3 Ai' !j 39
--TEN -----------------—+ryT---- Dollars.
and other good and valuable consldorations to said grantor lir hand paid by said granV&.1 td.f(;+ p�hvhcrcaf is hereby
acknowledged, }tits granted, bargained and sold to the said grantee, and grantees heir 3' ieET."= forever, t}tc fol-
lowing described land, situate, lying and being in Brevard County, Florida,
A tract of land in section fourteen (14), township twenty-four (24)
south, range thirty-seven (37) east, described as follows:
Commence at the southwest corner of said section fourteen 14) and
run north along the west line of said section fourteen (14), one
thousand two hundred thirteen and five tenths (1,13.5) feet to the
point_ of beginning of the land herein described; thence for a first;
course continue north along the west line of said section fourteen. -•
(14), fifty-five ((5 ) feet to a point; thence for a second course
run east eighty (80� feet to a point; thence for a third course run
south fifty-five 45 3) feet to a point; and thence for a fourth course
run west eighty (�0� feet to the point of beginning.
and maid grautur tiara hvrahy fully warrant the titiv to xald laud, and will dedeud the xume against the lawful clalms
of all persons whomsoever.
(lforein the terms "grnntnr" and "grantee" shill he constru+•d to Include mascedine, frininine. singular, or plund as the context Indlentc.x. )
At I tttrgg W4rrruf, Cruntor has hereunto set gruntor's hand and seal the day and yenr first above written.
Signed, sen un delivered fit our presence:
end )
(Seal)
P
(Seal)
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY thut on this clay before me, all officer duly qualified to take acknowledgments, personally
appeared EUGENE J. JANDREAU and MARIE JANDREAU, husband and wif e,
to me known to be the persons described In and who executed the foregoing instrument and acknowledged before
me that" they,.�e&4te•d• the same.
WITNGSS,tffieial xvnl ht the County and State hurt ufnrrsutd this .= %fit day of March66
,
• i J .. . ( ' .L S- XnS.. •ICJ
RXI
•u;r:.• r�;, . STAhEurFLORj -
wF `00CUME7T AMP- A
``__ m .. _M."........ 3 03
to
M
Jf.
� ;i r:`s :316 nu tA16
I )
W AwwAMTY O[[D STATUTORY
fl
ij This Indentsere. ncade this 22nd day of August . A.D. 1964.
Between LAWRENCE JANDREAU and LAURA MAE JANDREAU, his wife,
iJ of the County a/ Brevard , in the State o/ Florida,
mrt ies of Ike first ,ola►t, and PLUTARCO A. SCABARQZT_ and ALICE B. SCABAROZI,
his wife, as tenants by the entirety,
i� wkosr perm.tnrnt address is Merritt Island,
of the County of Brevard , in Ike State of Florida,.
part ies of the second part, WITNESSETH That the under: i;;ned, for and in consideration of Ike suit,
of ten dollars and other valuable ernsiderations, to the undersigned in hand paid by .tke said part ies+.!
!i the serond part, Ike receipt whereof is hereby acknowledged, the undersigned grants, bargains and sells to
Me said parties of the second part, their heirs and assigns forever, the following describ-d land, situate,
l.;nt and heint in the Cortxty Of Brevard State of Florida to -wit:
Begin at a point on the West line of the SW 1/4 of the SW 1/4 of
i Section 14, Township 24 South, Range 37 East, which is 165 feet
�I South of the Northwest corner of:said SW 1/4 of SW 1/4; thence for
a first course of the property to be conveyed by this deed, go East
and parallel to the South line of said section b50 feet distance to
a point; thence for a sezond course of the property to -be conveyed
by this deed, go North and parallel to the West line of'said Sec-
tion 14 a distance of 55 fret to a point; thence for a --third course
of the property to be conveyed by this deed, go West and parallel to
the South line of said section to the West line of said SW 1/4 of
SW 1/4 to a point; thence for a fourth course of the property to be
conveyed by tris deed, go South 55 feet to the point of beginning
I of the property to be conveyed by Itis instrument.
Subject to taxes for the year 1960 and all subsequent years.
Subject to easements and restrictions of record,
M
Pe, ac
• r...
1 � 16. r u -
29=517—
�' ,Ind the undersitnrd hereby fully warrant the title to said land, and will defend the jr*Tc against the lawful
claims of all persons whomsoever. In Witness Whereof, The undersig,ud, severally, kereunder. set hand
;I and seal the day and year first above written.
Sigrrd. sealed and delivered in presence of us
_ (LS)
LS)
_ -Ls,.
State of FLORIDA County of BREVARD
1 Hereby Certify That on this 22nd day of AUGUST Ji _;l•.D. 19.60i�
before ewe, an opicer outhorised to tape acknorctidgments, personally appeared LA'WTMCE �JANNDREA
and LAURA MAE JANDREAU, his wife,�,z��:'
to me wcil knarn and known to me to to Ike individual a described in and soh& .":.w12¢•s �
n e ted srerally acknowledged the execulion thereof to be th•,ir :'`.':' art aid;'dt
uses and purposes therein mentioned; and the said LAURA - MAE JANDREAII
LAWRENCE T,.NDRE .U,• .._,ore a separate and pri9ale examination takers and.irrddc'byvnd be!
separately and apart,.p' + the; said kusband` did acknowledge that she made h644's pasty to_lhei sl
of eonreYmgce for I�is,pvrpose o/•crnla"cing. relinquishing and conveying all her r+t i." end inlerest'
of dove; or of se)I rMe p►oae�fY, mlitutooy or equitab!e, In and to the lands tket bteribed,;�esrd.=.1
executed said deed el end ;ol Iar,7 gird without an eonitraint, fear, apprtiisiart br/tonrp lssdt.
r' y y
her said hrtbaxd'_g'itrsess my tflrnalu sand of ficial sro! at ' 'Cocoa ;';=7irr•i y y
,t•..,...,:.7 ..� tLr .fir« •nd were Int[ afotesei�_. ._ "i:".w. ` Y'• _.I C �...
... 237 712
FILED MID RECnRDED
DREVARO COUNTY, FLA.
VERIFIED
STATE oF- LORIL)A'
C D..,JMENTAo- STAMP TAX
�?tjO AJC 23 A,Irj IQ 41
G C2
M
Pe, ac
• r...
1 � 16. r u -
29=517—
�' ,Ind the undersitnrd hereby fully warrant the title to said land, and will defend the jr*Tc against the lawful
claims of all persons whomsoever. In Witness Whereof, The undersig,ud, severally, kereunder. set hand
;I and seal the day and year first above written.
Sigrrd. sealed and delivered in presence of us
_ (LS)
LS)
_ -Ls,.
State of FLORIDA County of BREVARD
1 Hereby Certify That on this 22nd day of AUGUST Ji _;l•.D. 19.60i�
before ewe, an opicer outhorised to tape acknorctidgments, personally appeared LA'WTMCE �JANNDREA
and LAURA MAE JANDREAU, his wife,�,z��:'
to me wcil knarn and known to me to to Ike individual a described in and soh& .":.w12¢•s �
n e ted srerally acknowledged the execulion thereof to be th•,ir :'`.':' art aid;'dt
uses and purposes therein mentioned; and the said LAURA - MAE JANDREAII
LAWRENCE T,.NDRE .U,• .._,ore a separate and pri9ale examination takers and.irrddc'byvnd be!
separately and apart,.p' + the; said kusband` did acknowledge that she made h644's pasty to_lhei sl
of eonreYmgce for I�is,pvrpose o/•crnla"cing. relinquishing and conveying all her r+t i." end inlerest'
of dove; or of se)I rMe p►oae�fY, mlitutooy or equitab!e, In and to the lands tket bteribed,;�esrd.=.1
executed said deed el end ;ol Iar,7 gird without an eonitraint, fear, apprtiisiart br/tonrp lssdt.
r' y y
her said hrtbaxd'_g'itrsess my tflrnalu sand of ficial sro! at ' 'Cocoa ;';=7irr•i y y
,t•..,...,:.7 ..� tLr .fir« •nd were Int[ afotesei�_. ._ "i:".w. ` Y'• _.I C �...
'1#7}a'..f"'d " + -. '�'. -x. l:. _. •� i ..v. -,.,may,,
7�Ij ,' '• i '; , .".rt 'S.i.r.t,.;r.v.��a vrr.P •rP.a.r+l?rf��l+;�(�rr+';ii7�11f1'i�fiy,t�
" r n.+r. silty ctatrw aRear i rz• �, hl -.1
FORM ut nt:waa re Bred b " �� `
$CHARD F. SCOTT - p p y. tea. r ni
p ` J
' �•••-. oxocutive RCS'19O4 vacE83
P. 0, Rox 757, b6 N. `Atlantic Avenue
lino
Cocoa Beach, .Florida
�j 1
rit
M7w,.rsr ,rrsrl Asniw, IRs Isrrw 'r,,, ` ��� C7
r,wn,w ua /r od/w, ./ qs K /�.r,rr•rM/! iwslWr W bin, rrnwwwf s,rrs„rwrwlln,, qf) .
sMfl rwrlwrls IAs trfwr.rl, wwrl IAF Mnrr, Arn/w; IAs w.s n/ tAs ,iw�rlws ewrwLr r
/rlwrrt rn. uww/ns; M. w.r ./ n.y ,r.,/rr ,Ann rrvdr , 1 f)
■!t (rwArr,, wwrl, ,/u,r•1, fAr fry- 'w.N^ ,Fall rwr/wr/r nn IN wWr, Arnrw .fs,rnlvrf r/ nsrr -:
iMw w, .•ry Vit:
.hfade this 20
day of June D. 1978 a
BCtWCCn CITY OF CAPE CANAVERAL, FLORIDA, a municipal
a4xeorparatinn existira� under the laws of the State of Florida,
party of the first part, and PLUTARC A. SCABAROZI and ALICE B SCAB OZI, :y
husband and wife U G� � � � _ /ti��/}G� nn�O
Brevard and State o Florida . o the oar Vol
o
f party of the second part, -
that lire ,crTic(i$pnrly of /lr.r, fi.nct part, for and in cnncidcintinn o`�
tlrr" .Prr.m. nf-----------TIr'i�,t/ l0. 00
in hand paid by the said partll o ie second 'pri: t, ch.c receipt whereof is hereby ac'knows-
ryt rr�?, has rrnr.isrrr', rrlrrrsrr� and quitcln.i.ryr.rd, and by theso Presents docs remise, R'r
release and q�iitclainr rcnto the .cnr'd party of the second part all ilea, ri�slat, title, interest �N
claim and demand rohicIt the said party of the flrst part h.as in and to then
, sig
described lot , piece or parcel of landlicate lying' and bein in the follow!
County of
Brevard State of Florida, to wit:
A tract of land in section fourteen (14), township twenty-four (24)
south, range thirty-seven (37) east, described as follows: s
Commence at the southwest corner of said section fourteen (14) '
and run north along the west line of said section fourteen (14),
nine hundred ninety-three and five tenths (993. 5) feet to the
Point of beginning of the land herein described; thence for a first ,
course continue north along the west line of said section fourteen (14),
two hundred twenty (220) feet to a point; thence for a second course
run east eighty (80) feet to a point; theme for a third course run
south two hundred twenty (220) feet to a point; and thence for a fourth
course run west eighty (80) feet to the point of beginning.
•,`''
DOCUMENTARY=
OCUM:NTARYfrr�. S1,aMP rr.Y l �_ — Fl4Rl a SUR TAX —_
EPL Ui UEVENI't ,r:r . — • _ >>
— JUN27.71
f\tUr JUN27.75
tr!l' . 4 Pr. 7, r s.
IO::I
To Have and to Hold the same, torether with all and- `singular the
appurtenances thereunto bclonginf' or in anywise appertaining, and all the erstate;
right, title, interest and claim whatsoever of the said party of the flrst part,.eiflier in
law or equity, to the only proper use, benefit and behoof of the said party o/' the second
part...
's ` In Witness Whereof, the said party art s
• , of the fist p has
caused these presenia to be aimed in its name b
and its corporate seal to be a �. _ ..
• ,Cor orate. Cit Clerk fl��, attested by its
its
p Y the day and year above written,
Seal)
CITY
OF CAP AVERAL
✓ltteji� cj urm. MAYO
tt
By
Ann
tricia au y u��''
,-LYIX
.: CITY CLERIC
Sim,. Sealed and DelIve"O InfOur Prettaner,
MEMORANDUM
DATE: June 5, 1997
TO: Greg Mullins,
Building Dept.
FROM: Ed Gardulski �o
Public Works Director
SUBJECT: Request to Vacate Parcel 509.1
The subject property located in Section 14, Township 24, Range 37
East, Parcel 509.1, is needed as a staging area for future
improvements and/or maintenance of the utilities and drainage
projects.
However, attached is an agreement dated January 1966 and adopted
by resolution no. 66-7, February 1, 1966. It is highly
recommended that the City Attorney review- this document for any
legal rights to this parcel by the City other than the 15'
utility easement.
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH CERTAIN PROPERTY 041NERS
RELATIVE TO PROPOSED EXTENSION OF PORT
ROAD THROUGH THE CITY OF CAPE CANAVERAL;
PROVIDING•AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU;.9CIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, THAT:
SECTION 1. The Mayor attested by the City Clerk
is hereby authorized to execute on behalf of the City, the
agreement which is attached hereto, and by this reference
specifically made a part hereof by and between the City of
lope Canaveral and certa.Yn property owners for the proposed
extension of Port Road through the City, and the securing
by the.City 'of certain•road and sanitary sewer system
easement s,':upon.the execution of all property owners involved.
SECTION •2.' This resolution shall take effect
immediately; upon! its 'adoption by the -City Council of the ' City
of Cape Canaveral, .Florida
.-1 _ ",-T ::.1u i':�•�,:i T^L�nFT• i�i`w«T• .i.. .: 1: .. i.[ :�L,•.:
ADOPTED this 1st day' of• February, 1966.
- . . r'l1aw:... •i7, ..2rtrl �i`i :-I:._.Yr:.i.'i"-:�� 7r : .. .... 1 o ar r r..
22 .:M:_'.S ['? "):,ri•.i4: __�ly"�'1_.uay.�•+: a%:li _•u..+.:.�. :�:r .'=-� �Yy'._�_�
.:';f?y'?:�:].%:�;t7.tt•;t�I2J•'Citrig!?cit''.i'lX�''�':s;:tM��fii1;"'�,.�� .'�+if�Sa+',iy;,•..-. .. -:.Z�ci.: _. �(.1:�•, ..: _
•.ave.,..,_[.-.n:re--:rt•'�; nom. - .-.. f!t*•.•n�;'.',•r:'. +.r['-.T..,t•�c:-;•-
Atte $t:' ' t4J
_rl,p:rr:' •0;.77[\_f!..gl:r 1.Jn17:rs:•gyYrsj�:i!'c- �"i::..4..� •_rt,ap. r - "
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1.4
7.iOTty Clerk/,/---..
....,} : .1 f;M: .•:7••` .•h.•.
- Approved as .,to Form: t -' .•'j•'�•
�'•• `!��• 1 /j �.•/�-/.i�/././..rte � ... �� :;,r'••' '. _
•ity Attorney
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AQ:I:i
� .M ••
11It1S AO • - • •
' R��NT,3dt3 and
Cntcred Into
tris
Janwa�ft I9uo,' by Z4 -id bett,rcen -�_ clay of
runs . CITZ OI' CAPE C11LIV
L he CitY,. a:2ci County: Vlorida,
�a••.c:i.
j• 1I M?4riL.C.. LU -LA RCO A .
�OZI and ALICE D. SC1Lt►1;O7I
i R0m?-rI•er 1?OBSOIt and I�Liiii 0 > re�t:;Jc:i C
•I?� , -�v and ;•;IIP Lli': S D�'IAiIDLEI., ' :u0bard anci ::i; e
1 D. FORD anti.A r ,
a"2-J'Jc�I;r^L1 Li3c.F� 31.-FQF;OaCAJ, husban ._..:1d :;jfe, >
.. r r an unc�;2 wifeand.husb
"U -n .Z:i- J OTS T i0d Lido ; ' and;
„ r-- Je1,:D r. U ��} ri1Ft� Jam,, -•� ,
. LxSt'sllG Ctt,Tii',TO�Ii-1?iC11A D. iI3C ��L.1U,�iL:3byriCL a^.'.
as-trtta '�,. D..;d DR0WIT zw� . �+
•ar !ice t I tcec for the P-1Bar,-. a •�•
,'•,`Q,Z-��::P:_ J. COU L'i? wand; rst
d CECE MI n ......�
COULDaTld'$-'_...,. ,,s ,,
:,
T. COULD, hus� nd �..e
. VZ LUQ: and ' "a and
r1rE.T,�,ICrnelia LuleY, 'his Mothe
' AuLl A. L0110 and . r;
Lr£,I, u1 is Ii0LC0i �T AP irZp. ? XWE AMOT L
j-•LCFL�• I.EG�1'i'E
I It, OIL COmplu'Tr;
CAI V'.. Tii01Ip
ELIZ.'=or a; 1101mg, ars, uE1413x"��CGl
' s JAMIESON; -
b ie t' IK 21d �•
a _ . .
i • ` • ' P13iu%F c.(�i,Yi" E'i3�•f^ *
husband.• ' .
;g tti and
and Xi cI 'tl t� i1L• hu -band
C 'ter r.=led •the oz:nera '
'j. I'T11E.
• ows are ner •` � ;:.:�:.sr.•;•.
and's'
.: canveyiu tv the C -
and sc't�►cr I2nQa _fit=t o, r�,.
k . endiiig. Zro; the
J 4f
t.'' PAUL A ... Z0.gC; � and .. •{ n . II�1e c� L::e px r. �--• '.:
...�.in C' Cil ,,1.i:8 • .�. •'�:;.• ,'.. �", i�C nor{Li l �J trAc y ....4• -.
oper y o G'a vpral _Authority,ou.,
erGf •Is bei:zg aonVc?ed b- I'a. b and th4 Said r�_.o�,
• ,� th0 oi.ner.� herein
.:0^•?�2s aL o:1 beLZG paid _b in to f...c Cjt;Y t.: t`:a.Lt an -r
y Che C:Lty the
.d to azrtcra z•o;
:1
'cons�.de„•�t1on• o£."the 'said 10
coi c
, ccye:, n; ��d afiz'ce••i,;ith• � .. c:oe.;re.+rt;-. 'r.
rs••aa falior::�c
x•,T:e Ci�J agrceo_L�o construa;.. r t'
Yry_,�: >;t:;::- 'the Sewer•,"1
....gin (5) 'Pe nw-
�- p: .._o..;;
Z eFop
= P erty of - the ot,
!-'iiii�^-+ r ;.. ;: +..`!,,. h i2crlL, bei. r* -
`M4;, .. •..::' sou
�._;��:-i> �l.o• �f..:2.s._l�i.i.� t_:`t�y:tr:,:.o;..;. 'i': .1..wZ:rC� '.: ' {.ua:. r;Gex• (Sr,.`.1
� Oma
"%tren
.. ux•`(2�•aouth }•. �z. .t d
"• .N.r. tl. _:-:1{p;trr, t;.t?i4 �Xanza thlzt �:^ / •7
•!:c ?;?.Tti'a.� �rLL,�:^_r: E,•i.S „J'..CjLII' .IJJ �..
.4 • '�3•s.,t•1. ?.' ...--•I•i".,F.:•'•1'^f:• 7t1•''�i�:r•••!_ ••r :.•`l.u�• • ��•w
i,�t" .: r..L!h ::T4i .p ni•~.„.. .•J+�iT!'t '•�•' .i �. I•i.: ``- , •W: t i
..:,Y...4:' ••`I' •,%:!` .�# r'GC.:' hj�lyay•d•t:,,.,.:)�i: t•: �ll:�Si.:'` � _ •.'t :�'.i�•. �'•i•1:
•`�� y± if• 'r't`• 't!•'a•NL •:r`i'���.: ss.;v:t:.l.. •,=;,Y '.. �Fi �,�•,: .; •r.+,._,..,y.-
7:r M.:.i. .•.i:. fin. 1.:7•.y lnrl� :Yn = -J!•: •'+ •' `n/ • F�7:
�•f'� It.. -r r. ;...,.:.i �•.+tz_; .. ..�!ti S'' �%•i i:.. i.: y.� ..,. .. iL:
;t$J.i :`ill*•: _y'{:;.•..i:u r,.:•'f:`.?•=•-.•I. 'x:y;::.•'•• `•....•,-.; i . �i;�?:
r
2. Tho. City agreca:to eondtruct the seller Zine and
n;; stew without any :cost to the otmor:, and without any usacssmc-..t
be:i.nS made a3a-i=t; the property of the oiNmers for ;aid wc;;e,' lire,
and further agrees.to'ullow the otmara to connectLo tl:c ue::c„
,jstcra wI thout any charge therefor for a period of niriat-,,f (go} ci"y
_:rom the date of tho conplation of the'svxer nysac;n; tl,a cnly expo. se
to be r-afd by the oc;nexs' shall be for the cost of the pipe and labor
in co melt ng' llnes,*Xron their property to the sc;:cr line . f
3: Sze city a'e';rees to construct a road on either tide o_' t;:c
fIftcen (15)' fee; where• the. 'lane is laid for'the tri::ah of the
cntire. right of tray .eonvdyed' by the owners , to the City ti:: t::in a Por Od
of two. (2) .year Srocn the_ data' hereof . . xn .the event the City
•nog hsvc constructed the road.bazo and commenced topping of ire road
r !thin t'v:o'(2) years. •fron the date hereat, the -Property corvcycd by
the otmers to the •'Ciiy, except ;:he fifteen (15) feet fes the'* ex,
?ire, :uk:ll thereupon neva.t'to the owners. 2.�y .1i t.�,viO!LS
.t:aatsoever: •anti 14.-he..City Fihall have no further'riahti, t-Itle, or
tea est `iri`anQ •to ahe property :moo, conveyed, 'except as to the *:,'esu
fi, teen' (15) . feet of -the said southwest quarter(� �� } of section
r'
fourteen (14)•, tottmsh3p •ajrenty.four- (24) south, ,,ngc'ahirt-l-sever
(37.) ' eazt, 3a* aforesaid, and -1h. the event the o:,nerz ora31 no rcc-I, L
the City sgrees .to•'excaute such inttrumcnt:..as nay be necessary to
-;'eel the title of the- owricrs ab the -prop erty.1y aha o:::;c_�s
o t::c C�ty,,:other. ahan-tieo Xifacen (15) feet retained -by the Citi-
• • i o^ said 'se;;er line. ,
{ d iR Lss t 3r-R80F', the- 'parties.•hereto have. sued and sca;Ed
.mas'oY the 47 'and .year' fl ri t above
'?wed and sealed . In the' .
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MEMORANDUM:
City of Cape Canaveral
TO: Sandi Sims, City Clerk
FROM: Whitey Moran, Building Official
Re: Request To Vacate / Portion Of Proposed Right Of Way Of Port Road
Please place the resolution to vacate referenced above as submitted by the City Attorney
on the next available City Council agenda.
The Planning & Zoning Board unanimously recommended approval in the meeting held
on August 13, 1997.
Staff recommends approval of this request.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
A_E�ILE CONTRACTORS
—.,,,�In.
Its , r '116il�
CCC032922
May 11, 1997
City of Cape Canaveral
Whitey Moran
105 Polk Street
Cape Canaveral, FL 32920
RE: Request for vacating, and abandon of right of way
Dear Whitey:
^•tayor
— J
This is in accordance with your petition for vacating property. The reason for this letter is to state our
purpose for requesting vacation of property.
1. The property has been vacated on both adjacent properties.
2. The right of way for road purposes has been abandoned by the city
3. Our acquiring this property will put the property back on the tax records, which would generate
more revenue for the city.
4. For the purpose of developing this property.
Let this letter also serve as notice that we will pay all costs, as requested, for legal fees, filing fees,
administrative costs, advertising and engineering if needed.
The only request we have is we be informed of cost before they are incurred.
Sincerely, ,/
-ii
Arthur W. Be r
Vice Presi ent
AWB/jh
8660 Astronaut Boulevard, Suite #208 9 Cape Canaveral, FL 32920 9 (407) 868-6700 9 Fax: (407) 868-1008
SKETCH OF SURVEY
LEGAL DESCRIPTION (O.R.B. 875, PG. 621):
A tract of land in section fourteen (14), township twenty-four (24) south,
range thirty-seven (37) east, descreibed as follows:
Commence at the southwest comer of said section' fourteen (14) and run north
along the west line of said section fourteen (14), one thousand two hundred
thirteen and rive tenths (1213.5) feet to the point of beginning of the land
herein described; thence for a first course continue north along the west line
of said section fourteen (14), fifty-five (55) feet to a point; thence for a
second course run east eighty (80) feet to a point; thence for a third course
run south fifty-five (55) feet to a point; thence for a fourth course run west
eighty (80) feet to the point of beginnig.
Reserving to the City of Cape Canaveral the West 15 feet of the above
described tract of land for an utility easement .
N
n
M
u:
Z
0
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w
FOR INFORMATION ONLY
NORTHWEST CORNER OF
SW 1/4 OF SW 1/4 OF
SECTION 14, TOWNSHIP 24
SOUTH, RANGE 37 EAST
I
10 TAX PARCEL 504.1
16 N.89'42'38" E (O.R.B. 1848, PG. 756)
80.02'
EAST, 80' (DEED)
W UTTIILLITYYSEEAASEMENT w
w 15 I-- w
to o I o.
p I TAX PARCEL 509.1 TAX PARCEL 506
cV� n I(O.R.B. 875, PC. 621) h � N (O.R.S. 1369, PG. 398)
CDI EXISTING T
0 �SSHk1 0 O
Z Z A I In Z
LEGEND:
O Set 5/6' Iron rebar with
cop f 6464
• Found Iron rebar, size
and cap f
❑ Set 4'x 4' concrete
monument with cap f 6464
■ Found concrete monument,
size and Identification f
A Set non and disk 12351
A Found nail and disk,
Identification f as shown
EXPLANATION OF AWFWMTXINS
PMI PaeWeRr RGIM012 M
PCP
PERMANENT CONTROL PQM
ON OSNaNETE NOUARNr
PC
PT
POS
Pun OF CURVE
Poua Or TNNO]R.Y
PONT Or eEN'Pfe
PRO
POO
PCM Or RE OsE CUPATURE
FONT Of CONFOUND cIMATLAE
M
WD
PONT OF NTOtsecrow
DIUS
DEL
ARC
O M OR CENTRAL ANaE
LEM M OF OgM1E
etl'P
FOUND
R/E
NDOa orIlly
NE
OONO
e'x s1RUcnne
CON
NPO
WOOD POWER POLE
OU OVERHEAD wM
9FN
sIDL1P a
w cure Ne Dunn
0. EDGE of P^434W
w WATER uprit
POL
(Y)
PONT ON NNE
MEASUMD MMICE
on actual measurements taken In the "d.- -
YPA4RLnR ON Mi
E(P11LY
FTE
aLVAnOW
FINISH RCM OX03M
FM
NOA
FM PONT Of M7TReltf
NVIONPL OmRTIC MODIC L WUAN
etl'P
DUILDI'r�POW
P.R.Wx
MANHOLE
KAT DOOK
R.F.
Cas.
90E FLOOD eFATION
OwNN UNK fore
X.
WOOD FORE
LS OR MS
PPpF39dVl. LAND SURVEYOR
rIAL.
FEDERAL INSURANCE ANCE PALE NMP
The Surveyor no longer certifies the F.E.MA Zone. This certification Is made
by an independent contractor of the Federal Government. As a courtesy to the
client, this Surveyor feels that this parcel lies in FIRM Zone(s) 'x
per Community Panel 125094-0350 E, dated 4/3/89.
0'
JF
Scale:
m ae1► � �o
1" =40'
Date:
4/29/97 arKY/, K
Project y 3525 N. COURTENAY PARKWAY — SUITE 1
MAILING ADDRESS: P.O. BOX 542148
97-26-3 MERRITT ISLAND, FL 32954 PHONE (407) 453-5820
Certified to:
BOUNDARY SURVEY
AEDILE CONTRACTORS, INC.
1.
I hereby certify that the survey shown hereon is true and correct to the best:'
of my knowledge and belief, based
on actual measurements taken In the "d.- -
WEST, 80' (DEED)
the norldo Board of Professlonal Land Surveyors In Chapter 61 G 17-6, Florlda
Administrative Code, PursuO
80.02'
UNLESS IT BEARS THE SIGNATURE
X472.027,
S,89*42'38"W,
A FLORIDA LICENSED SURVEYOR
TAX PARCEL 508
AND MAPPER THIS DRAWING
SKETCH, PUT OR MAP IS FOR
JohnR. Campbell
(O.R.B. 318, PG. 608)
I
1
of
Ln
State of Florida' ' r
Io
I ZLLI
^ Iw
3 1 Q
SURVEYORS NOTES
w
I
N $ =
1. The Surveyor did not perform a Title Search to determine lif there are any
I
N
easements or rights of way that may affect this site.
W
NOf
10
2. The legal description shown hereon was furnished to the surveyor.
z
,o' z
3. The Bearings shown hereon are relative to the West line of the Southwest 1/4
I
I
Z I
of Section 14, Township 24 South, Range 37 East being N.01'29'54"W.,
and may not be otrue North Azimuth.
I o
I
4. No underground utilities or improvements were located by this survey.
I O
I �
I I
I
POINT COMMENCEMENT T
SO
SECTION 14, TOWNSHIP 24
SOUTH, RANGE 37 EAST
The Surveyor no longer certifies the F.E.MA Zone. This certification Is made
by an independent contractor of the Federal Government. As a courtesy to the
client, this Surveyor feels that this parcel lies in FIRM Zone(s) 'x
per Community Panel 125094-0350 E, dated 4/3/89.
0'
JF
Scale:
m ae1► � �o
1" =40'
Date:
4/29/97 arKY/, K
Project y 3525 N. COURTENAY PARKWAY — SUITE 1
MAILING ADDRESS: P.O. BOX 542148
97-26-3 MERRITT ISLAND, FL 32954 PHONE (407) 453-5820
Certified to:
BOUNDARY SURVEY
AEDILE CONTRACTORS, INC.
1.
I hereby certify that the survey shown hereon is true and correct to the best:'
of my knowledge and belief, based
on actual measurements taken In the "d.- -
This survey meets the Minimum Technical Standards as set forth by ,
the norldo Board of Professlonal Land Surveyors In Chapter 61 G 17-6, Florlda
Administrative Code, PursuO
to Section Florida Statute..
UNLESS IT BEARS THE SIGNATURE
X472.027,
AND ORIGINAL RAISED SEALOF
A FLORIDA LICENSED SURVEYOR
%LL
AND MAPPER THIS DRAWING
SKETCH, PUT OR MAP IS FOR
JohnR. Campbell
INFORMATIONAL PURPOSES ONLY
t
Professional Land Surveyor, . o., 2.351 "..
AND IS NOT VALID.
State of Florida' ' r
a
d� Av 3.St5
149 .w.
At
"
10 AC.
$ I3.77
ea
— — — — — — — — — — — — — — — — — — — — — — — — — —
CENTRAL BLVD
TUTEN'S SUB.
(1-22).02.9
j a45 AC.
" 3T2 AG C__,1
APPROVAL OF REQUEST TO VACATE
I, the undersigned, do attest that I approved of the "Request To Vacate" for property
located at:
E-2 8.45 AG. ='S SUB.
(1-22). 28
.Scyora e"O/ Eh�e�p�,�es, /nOl,
Signature Kwt 7c
,7
C r 4 iu tic 'J 'f Z4
Notary Signature
Catharine J Rigby
Seal: ♦ f * My Commi . CC677779
xpxas u9. 000
4l'01 F�
Commission expires: S
APPROVAL OF REQUEST TO VACATE
I, the undersigned, do attest that I approved of the "Request To Vacate" for property
located at: 8507 N. Atlmtic Avalle, Cape Canaveral, FL 32920 509
`jr e
prt�perty to the north and to the east of
L
Notary Signature
Seal: ''°is'' Rhonda S.Owene
�•,€ September 19, 1999
Commission expiry*.IN, eotro�on�wT►wvFAIN ItN6111AMC1,INC,
3.11 AC.
at to be vacated
IIVM1� �'J_ !/VIJC�U�
(Print, Type, cr Stamp Commissigned Name of Notary Public)
t
Knuwn Gf'P Produced lrlcntification ❑
)"mat 1. D. Pwduced —
PROOF OF OWNERSHIP
I, Eugene Jandreau, and spouse, Maria Jandreau, owner's of property per attached:
Survey/Project 997-26-3 4-29-97, do hereby appoint James Morgan and/or Arthur W.
Berger, as our agents, to act in our behalf of "Request To Vacate" said property.
wn ignati�"_r
Notary Signature
Owner Signature
Seal: Rhonda S. Owens
5* :.= My COMMISSION N CC496677 EXPIRES
•= September 19, 1999
Commission Expires: B�DTMW�FAIN INSLWME,INC.
I
(Print, Type, or Stamp Commissioned Name of No!ary Public)
3e1 -ally Kno% CA Produced Identification ❑
bf 1, rd, f>je® ueed
l_
e- P�Tq
Mr. Arthur Berger, Vice President
Aedile Contractors, Inc.
8660 Astronaut Blvd. Suite #208
Cape Canaveral, FL. 32920
ty of Cape Canaveral
Re; Request Dated May 11, 1997 /.Vacating
Dear Mr. Berger:
The above request has been forwarded to the City Attorney for preparation of the
documents necessary for presentation to City Council.
I will keep you informed of the status of your request.
Sincere, i
G. 7. Moran, CBO
Building Official
cc: Bennett Boucher, City Manager
file
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 9 FAX (407) 799-3170
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
UKCWVERAL
June 16, 1997
MEMORANDUM:
TO: Kohn Bennett, City Attorney
FROM: Whitey Moran, Building Official "�-
SUBJECT: Request To Vacate Property / Arthur Berger
As we discussed prior to the Planning & Zoning meeting last week the city has received a
request to vacate a small parcel that has some question as to the actual status.
I have included copies of all information that has been collected by this department and
request that, if vacation is necessary, you prepare the needed documents for this process.
Please keep me informed of the progress in this issue.
cc: Bennett Boucher, City Manager
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
City of Cape Canaveral
z
CITY OF
CAPE CANAVERAL
June 6, 1997
MEMORANDUM:
TO: Kohn Bennett, City Attorney
FROM: Whitey Moran, Building Official
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
SUBJECT: Request To Vacate - Legal Question From Public Works Director
Please review and respond to the issue of the above referenced request from Arthur
Berger that the city vacate Tax Parcel 509.1 as indicated in the attached correspondence.
The Public Works Director, Ed Gardulski, would rather that the city keep this for his
future use but is not sure that the city has a legal right to do so.
Please contact me at your earliest possible convenience to discuss this issue.
cc: Public Works Dir.
file
attach: Pertinent correspondence
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
City of Cape Canaveral
PROCEDURE FOR VACATING DEDICATED PUBLIC LAND
Section 110.476 of the City of Cape Canaveral Code of Ordinances allows vacation of public
land when it is in the best interest of the City. Below are the procedures to be followed when
requesting a vacation:
a. A letter directed to the Building Official requesting the vacation, stating purpose
of request.
b. Statement affirming the fact that petitioner will pay for all costs involved,
including, but not limited to, engineering, advertising,
administrative and recording fees.
C. If petitioner is not the owner, an affidavit from the owner authorizing the
petitioner to act in his behalf in this matter.
d. Boundary survey of the proposed vacated property, and all contiguous property,
signed by registered surveyor.
e. Legal description of proposed vacated property.
f. If vacation is contingent upon the petitioner dedicating a utility easement to the
City, a legal description of the proposed utility easement.
g. Notarized statement from all contiguous property owners attesting that they
approve of the vacation request.
The request must be heard by the Planning and Zoning Board who will make a recommendation
to the City Council. All necessary paperwork must be submitted to the Building Official at least
30 days prior to the Planning and Zoning Board meeting at which the request will be heard. The
Planning and Zoning Board has regularly scheduled meetings on the 2nd and 4th Wednesday of
every month.
After a recommendation has been made by the Planning and Zoning Board, the City Council will
schedule a public hearing on the request (takes approximately six weeks).
10S POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326
TELEPHONE 1407) 868.1200 • FAX (407) 799-3170
(3)
(4)
(5)
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
of underpayment is ultimately correct,
the grantee shall bear the cost of such
audit.
The city shall have the right, upon rea-
sonable notice, to inspect a grantee's in-
come records, to audit any and all rele-
vant records, and to recompute any
amounts determined to be payable under
a franchise and this article.
In the event that any franchise payment
is not received by the city on or before the
applicable due date, interest shall be
charged from such date at the statutory
rate for judgments.
In the event a franchise is revoked or
otherwise terminated prior to its expira-
tion date, a grantee shall file with the city,
within 90 days of the date of revocation or
termination, a verified or, if available, an
audited financial statement showing the
gross revenues received by the grantee
since the end of the previous year and
shall make adjustments at that time for
the franchise fees due up to the date of
revocation or termination.
(6) Nothing in this section shall limit the
city's authority to tax a grantee, or to
collect any fee or charge permitted by law,
and no immunity from any such obliga-
tion shall attach to a grantee by virtue of
this section.
(Ord. No. 4-97, § 1, 4-1-97)
Secs. 66-2--66-25. Reserved.
ARTICLE II. STREETS*
DIVISION 1. GENERALLY
Sec. 66-26. Civil liability for damage.
Any person is civilly liable to the city for the
actual damage to a street in the city because of his
`Cross references—Sweeping litter into gutters prohib-
ited, § 34-31; traffic and vehicles, ch. 74; truck routes estab-
lished, § 74-30; stormwater management, § 90-116 et seq.;
visibility requirements at intersections, § 110-469.
Supp. No. 4
§ 66-36
negligent or wrongful act. Costs to repair the
damage may be recovered by suit, including rea-
sonable attorneys' fees, in the collection of the
costs to repair the damage.
(Code 1981, § 501.07)
Sec. 66-27. Speed bumps.
The use of speed bumps on private or public
roadways or driveways within the city is hereby
expressly prohibited. Every speed bump lawfully
permitted at the time of the adoption of this
chapter which violates or does not conform to this
chapter shall be allowed to remain until such time
as they are, in the opinion of the fire chief or his
designee, worn out or the pavement or surface of
the public or private roadway is being repaved or
repaired. Speed humps shall be permitted within
the private and public roadways of the city, pro-
vided they meet the following requirements:
(1) They must be constructed to a minimum
of 12 feet in width from front to back in
direction of traffic, increasing in height
provided that it shall not exceed three
inches in height at its center.
(2) Plans depicting the speed hump must be
submitted and preapproved by the fire
department before installation.
(3) A sign warning of the speed hump shall be
erected pursuant to the state department
of transportation requirements.
In addition, citizens may petition the city coun-
cil for the construction of a speed hump on a
public street if the applicant can demonstrate
that a definable hazard will be diminished by its
installation. No such request shall be considered
unless it is accompanied by a petition signed by at
least 75 percent of the adjacent residents in the
affected block. Nothing herein shall abrogate the
right of the city from erecting a speed hump on
any city street should the city deem it necessary.
(Ord. No. 14-96, § 1, 8-20-96)
Secs. 66-28--66-35. Reserved.
DIVISION 2. ABANDONMENT
Sec. 66-36. Authority.
The city council, with respect to property under
its control, may in its own discretion and of its
CD66:5
§ 66-36
CAPE CANAVERAL CODE
own motion or upon the request of any agency of
the state, county or of the federal government or
upon petition of any person is authorized and
empowered to:
(1) Vacate, abandon, discontinue and close
any existing public street, alleyway, road,
highway or other place used for travel or
any portion thereof, other than a state,
county or federal highway or road, and to
renounce and disclaim any right of the
city and the public in and to any land in
connection therewith;
(2) Renounce and disclaim any right of the
city and the public in and to any land or
interest therein acquired by purchase,
gift, devise, dedication or prescription for
street, alleyway, road or highway pur-
poses, other than lands acquired for state,
county and federal highways; and
(3) Renounce and disclaim any right of the
city and the public in and to land, other
than land constituting or acquired for a
state, county or federal highway, delin-
eated on any recorded map or plat as a
street, alleyway, road or highway.
(Code 1981, § 501.05(A))
Sec. 66-37. Petition for action.
The request for abandonment of any street by
any agency of the state, county or of the United
States or of any person to the city council to take
action shall be in writing and shall be by petition
on a form provided by the city.
(Code 1981, § 501.06)
Sec. 66-38. Petition procedure.
(a) The petition for requests for abandonment
of city streets shall be filed with the city clerk.
The petition is reviewed by the planning and
zoning board. The planning and zoning board
shall issue a recommendation.
(b) The planning and zoning board's recommen-
dation shall be presented to the city council for
review. The city council shall review the recom-
mendation and approve or disapprove the peti-
tion.
(Code 1981, § 501.07)
Sec. 66-39. Ordinance required.
Before any such street shall be closed and
vacated or before any right of interest or the city
or public in any land delineated on any recorded
map or plat as a street shall be renounced and
disclaimed, the city council shall adopt an ordi-
nance. The ordinance shall be recorded in the
records of the county.
(Code 1981, § 501.06)
Secs. 66-40-66-60. Reserved.
ARTICLE M. EXCAVATIONS*
DIVISION 1. GENERALLY
Sec. 66-61. Penalty.
Any person violating this article shall, upon
conviction, for each offense be punished as pro-
vided in section 1-15.
(Code 1981, § 727.14)
Sec. 66-62. Liability of city.
This article shall not be construed as imposing
upon the city or any official or employee any
liability or responsibility for damages to any per-
son injured by the performance of any excavation
work for which an excavation permit is issued
under this article nor shall the city or any official
or employee thereof be deemed to have assumed
any such liability or responsibility because of
inspections authorized under this article, the is-
suance of any permit or the approval of any
excavation work.
(Code 1981, § 727.13)
Sec. 66-63. Inspections.
The city shall make such inspections as are
reasonably necessary in the enforcement of this
article.
(Code 1981, § 727.10)
*Cross references—Utilities, ch. 78; excavation and grad-
ing code adopted, § 82-296 et seq.; stormwater management, §
90-116 et seq.
Supp. No. 4 CD66:6
R«!' 875 PAcf 621
Warranty
STATUTORY
�Y
.t
Prinwil tar Layon' 71do Guaranty Fond, Orlando, Florida
q0V &
Aftw
020 lino
COCOA,
Xhfs 30ttiturt. hiade this Qq`1` day of March
EUGENE J. JANDREAU and MARJE JANDREAU, husband and w,?,
Bo ,
of the County of Brevard , State of Florida £VARA
CITY OF CAPE CANAVERAL FLORIDA a municipal corporatiorIg
�9d;K
Ito 4
IN"coeq
er. "°11fttt*/
under the laws of the State of Florida, JQJ
whose post office address is Cape Canaveral,
of the County of Brevard , State of Florida ip �,i, 8 , grantee,
S 7Qrj 4"1 ! 1 39
Uftntraatth, That said grantor, for and in consideration of the sum of
--TEN ------------------ �r �r1r---- Doi.ars,
and other good and valuable considerations to said grantor in hand paid by said grant f tqg(pj whereof Is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantees heir i T.rever, the fol-
lowing described land, situate, lying and being in Brevard County, Florida, to-wil':''
A tract of land in section fourteen (14), township twenty—four (24)
south, range thirty-seven (37) east, described as follows:
Commence at the southwest corner of said section .fourteen14) and
run north along the west line of said section fourteen (111 , one
thousand two hundred thirteen and five tenths (1,213.5) feet to the
point of beginning of the land herein described; thence for a firs;
course continue north along the west line of said section fourteen.:.,
(14), fifty-five (5 ) feet to a point; thence for a second course"
run cant eighty (�0� feet to a point; thence for a third course run
south fifty-five (59) feet to a point; and thence for a fourth course
run west eighty (80� feet to the point of beginning.
and sold grantor does hereby fully warrant the title to %aid land, and will defend the surae agahnt the lawful claimr
of all persons whomsoever,
( Herein the terms "grantor" and "grantee" z11111 be eonstnuvi to Include masculine, femintrN•, singular, or plural as the contest Indicate.0
It Iffttttss Whtrtaf. Grantor has hereunto set grantors hand and seal the day and year first above written.
Signed, sen un delivered In our presence:
Cal)
(Sea])
(Seal)
(Seal) (Seal)
STATE OF FLORIDA
COUNTY OF BREVARD
1 HEREBY CERTIFY tint on this clay before me, an officer duly qualified to take acknowledgments, personally
appeared EUGENE J. JANDREAU and MARIE JANDREAU, husband and wif e,
to me known to be the persons described In and who executed the foregoing instrument and acknowledged before
me that theVr ,_egi;44tcd, the same.
WITNESS tri f I4' X#4 elficin) seal In the County and State lust aforesaid this % tF day of March
19 66 i lion,
Notary Public
,Srf�/ 4 .
,• , , .,.
o -
STAT E of FF��UA
Q `00CUMEhfT
• ;,yy.f+:Jiot1��e'
z A
LLJ c . = JUN4116
n3P'
��..
' �' fn V CeatdPTROI LER
Nf3.17D114 .�
ff.
wAMMANTY DECO STATUTORY
ThisIwdeMtnre. made this 22nd day of AUgUst . A.D. 1960 ,
Recover" LAWRENCE JANDREAU and LAURA MAE JANDREAU, his wife,
of the Count%. „f Brevard '14 the Stag of Florida,
part ie3 of the first part. and FLUTARCO A. SCABAROZ_T anti ALICE B. SCABAROZI,
his wife, as tenants by the entirety,
whose perminrnt oddrrsr is Merritt Island,
of the county cif Brevard , in the State of Florida,
part ie3 of the second part, R7TNESSETH That the undrr:,*;;nrd, for and in consideration of the Juni
of ten dollars and other valuable cc n sidera lions, to the undr►signrd in hand paid by Ike said part ie&f
the srrond part, the receipt whrreol is herebp acknowledged, the undersigned grants, bargains and sells to
the said parties of the ircond pmt, their heirs and assigns forever, the following describ'd land, situatr,
1}ynC and brinC in tate <'ounty o! Brevard Statr o! Florida to -wit:
Begin at a point on the West line of the SW 1/4 of the SW 1/4 of
Section 14, Township 24 South, Range 37 East, which is 165 feet
South of the Northwest corner of said SW 1/4 of SW 1/4; thence for
a first course of the property to be conveyed by this deed, go East
and parallel to the South line of said section 650 feet distance to
a point; thence for a second course of the property to be conveyed
by this deed, go North and parallel to the West line of said Sec-
tion 14 a distance of 55 fret to a point; thence for a third course
of the property to be conveyed by this deed, go West and parallel to
the South line of said section to the West line of said SW 1/4 of
SW 1/4 ,.o a point; thence for a fourth course of the property to be
conveyed by Lhls deed, go South 55 feet to the point of beginning
of the property to be conveyed by fts instrument.
Subject to taxes for the year 1960 and all subsequent years.
Subject to easements and restrictions of record.
23'7712
FILED ANJ RDEO
DREVARO COUNTYECD.,,jFLA.
VERIFIED
STATE or F-_LQRIL)A
D 'JMENTAQ�
STAMP TAX 1960 AU"! 23 AIA 10 41
w O = 2T6D 'ii' U
_ n
LLiY'r
.Ind thr undersigned hereby fully warrant the title to said land, and will defend the sc c against the lawful
claims of all persons whomsoever. In Witness Whereat, The ureersigued, severally', hereunder set hand
and seal the doY and year first above written.
�iccrrr%d. sealed and delivered in presence of us
(LS)
aeau
State of FLORIDA County of BREVARD
1 lVerelby Ce"Ifig That on this 22nd day o1 AUGUST
before me. all o !icer authorised to take acknowledgments, personaUy appeared LAW
and LAURA MAE JANDREAU, his wife,
le me well known and known to me to to the individual a described in and who
reyance and severally acknowledged the execution thereof to be their
use: and purposes therein mentioned; and the said LAURA MAE JANDREAU 4
LAWRENCE Jt NDREAU, .. on a separate and private examination taken and t
separately and apart,-f)a*m We; said kxsband� did acknowledge that she mode kers%
o! eonverowee for.fhe,pvr#oie of•aenorweing, relinquishing and conveyinf all her 4gA,5
of dower or or sefaidtf Pro",, , sw4tuta0kY or equttabte, in and to the tands IkeWA
executed said deed �rtely and rolumtarily end without any constraint, fear, apprenlidsr
her said husband: Witness my *naluviand official seal of LOCOS 101
aforesaid on the Ay,snd year latt,afoiessCd.
'1::
_A. D. 19 60,
UXCE�iJANDPMAU
�i�ta .� n• . vim. ..
�iteifrl acid ttetJ 'isle,
.,i� tht`triift, o�stbE".,
by and before "qty t
ss party to the '
tale fwd i IMS "
' ¢dteribed, fr10. t�?�,
ar,/�i
�•.( � p Y
'�1r%y�
y t.
FORM IJI M044 QUIT CLAIM DRRD,
(Ymm C*rp,)m 9% )
executive
This Instrument wan prepared by:
RCHARD F. SCOTT
lino PR1904 PACE 892 CocoapBe ch, lloridaAtlantic
.,C0 Itt :I* l,i It i It f tt r r..
Harm-, -d A. fn, rh, /rrrn "Mr/y" ,An!! Inr7uAr Ihr hrfr,, Mr,�nnf rrpn,rn In Fir-,,
and/or n.,i(n, o/ rb rnl✓rhrr prrrrn hrrrin; Ihr u,r n/ roe ,in pufnr nurnLrr
.........
it+n n, !h, „fuml, and rhr,dnrnr u;r ,rn�r,rnr, rh, rr r n/ nn., pnnrr .holt r,rl,er
ul! pnA.r., nod, r/ u,rA, Ihr Ir.rn "nnrr" ,hnfl rnrlrnlr nfr lh, noir, hrrrin 4nrnlxd ;r nnrr
1Aan OnI ,
Ave r, ue
I N
.Made this 20 clay of Julie , .q, D. 1978-�
Between CITY OF CAPE CANAVERAL, FLORIDA, a municipal
a 4x0,'"Wratior7, existiu41 Under the laws of the State of Florida,+'
party of the first part, and PLUTARC A. $CABAROZI and ALICE ,BSCAB OZI,
husband and wife71 _-���1Zua th
Brevard L 1 I e o'°un�Fof
anal State of Florida party of the second part,
Witnesseth, that the said party of the first part, for and, in ronrcidrration, of
thr sU•n1. o -
f-------------'CEsN (( 10.00) --------------------------------Dollars,
in hand paid by the said partll of t�r serona l,rl.'T, the receipt whereof is hereby acknowl-
rdgrd, has rrm.i-srd, relrasrri and (juitrlainird, and hY them presents does remise,
release and (14diclainT, unto the said party of th.e sreond part all the right, title, interest
claim and demand which, the said party of the flrst part has in and to the following
described lot , piece or parcel of land, rsitreate lying and being in the County of
Brevard State of Florida, to wit:
C� U.
A tract of land In section fourteen (14), township twenty-four (24)
south, range thirty-seven (37) east, described as follows;
Commence at the southwest corner of said section fourteen (14)
and run north along the west line of said section fourteen (14),
nine hundred ninety-three and five tenths (993. 5) feet to the
point of beginning of the land herein described; thence for a first
course continue north along the west line of said section fourteen (14),
two hundred twenty (220) feet to a point; thence for a second course
run east eighty (80) feet to a point; thence for a third course run
south two hundred twenty (220) feet to a point; and thence for a fourth
course run west eighty (80) feet to the point of beginning.
TA -i''- -__ r��; �- DOCUMFKARY
ocuM_c� ARS:-F.��TaM�` AX FL
�< - {� �.�. okib\ cO.�RT��X-
EVT. U RLYLNLI
—
1P1.1C2. 1 — •�•„"�o. u'U F[(t(!NJI
a 5 So+'O O^[JUN2778 IRO
To Have and to Hold the same, together with all and singular the
appurtenances thereunto belongin.,e or in anywise appertaining, and all the estate, '
right, title, interest and claim whatsoever of the said party of the first part, either in
law or equity, to the only proper rase, benefit and behoof of tJce said party ojn the second
part..
In Witness Whereof, the said party of the flrnt part has
Caused these presents to be atdn.ed in its name by its
and its corporate seal to be ajflxed, attested by its
(Corporate City Clerk the day and year above written,
Seal) .
CITY OF CAP AVER AL
.�tte Ann
6X—
Thurm, MAYOR 2MOVAGUM
Eric a J, Beaullou,
CITY CLERK -
Sign ., Sealed and Delivered in urr P� et
_W
a
MEMORANDUM
DATE: June 5, 1997
TO: Greg Mullins,
Building Dept.
FROM: Ed Gardulski /'
Public Works Director
SUBJECT: Request to Vacate Parcel 509.1
The subject property located in Section 14, Township 24, Range 37
Last, Parcel. 509.1, is needed as a staging area for future
improvements and/or maintenance of the utilities and drainage
projects.
However, attached is an agreement dated January 1966 and adopted
by resolution no. 66-7, February 1, 1966. It is highly
recommended that the City Attorney review, this document for any
legal rights to this parcel by the City other than the 15'
utility easement.
RESOLUTION NO.66-7
A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH CERTAIN PROPERTY OWNERS
RELATIVE TO PROPOSED EXTENSION OF PORT
ROAD THROUGH THE CITY OF CAPE CANAVERAL;
PROVIDING•AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, THAT:
SECTION 1. The Mayor attested by the City Clerk
is hereby authorized to execute on behalf of the City, the
agreement which is attached hereto, and by this reference
specifically made a part hereof by and between the City of
Cwpe Canaveral and certain property owners for the proposed
ext'ensi'on of Port Road through the City, and the securing
by the.City of eertain•road and sanitary sewer system
easements,.upon .the execution of all property owners involved.
I
SECTION 2. -This resolution shall take effect
immediately,upon,its adoption by the -City Council of the City
af. Cape Canaveral, Florida.
as L
ADOPTED this 1st day of February, 1966.
Mayor
.3
..... _ .. -•I. tai .rn„ss '+ :.s v .r.' -.>t-, .. .. - . /./''�J t .,.. �, .e4`^.,!i,,'.,;_
r '
"t191 r.STS yii9+ isArkCh�t3A 7:`i��s"4` '04 -
Attest:
Attest: S r Jr tl x }!r �' rtt ]j t
.. fil r +f'��lw!K - '•r�i�r rti9rn /q nr r t ti it. � - s. rrt 1 '. r.+
il7 i :` �t r?. Its•. . � :. r'1 t . .�/I �Ir It�J-'t 1
qty Clerk`
Approved as to Form
City Attorney
it
•u�t ,
4f t
.1-i.t $ �44is4sl-fir
M+ i J,j�4�` r ! r S: r r, t ?`"!t1'k.! a .. .. •! .I I ! J T •
NV us fi +r
tt r tr �'_i l4 i 1
31_ -ij'�+a{� s r fn r to � 1 + :i it ry"+ t• j+ r
9N
,♦! .,r.,, !r iyK'Ssi.irf t t 0 �1,�ri t MUS
,,r��rd.rK �Ya�, Snlatkt rA J.t Ev r7i w ,w rr +u Li15 , ; - t �Jrr,t a .1 � t rL,�tl } tly +t -
JL .•u i t ,,L�,vv,�T' 1 i' 1 r J /4 t r i f fF +. r. i .a it t r -f t i s ?.'i '?7+ l �a
v c!
err.
:g, 2 Il sJn LJ1.� y \. ;IliI1.
t : �
t5 u�
�J%st I -t li �+7'!s��3�i�r^Itiof ��7 �iir�.f. i�r SIS?i �t llt'rN�7t5 -� It9�3?;;�tr i:�-"��1+.•i l% I !• r.t�.itt'7u,��S..
` fie -t.- t4 :,,.e e� .. �..t .. ��•.� . � itel' �s=x //r�� r [ r r Rir`5•�I + `� .
�lfl�y t �f� t� �5;�1� �t'1. � r�r � r u � eta N �I1�L..; � OI'� ..J•t^ n �.�1^.
r'3LEIii;NT, madO and entered Inca
this ciao
by, uzd bett,roen . ,� ----- __ J ax
CITY OP CApE C<12i,�y'r.<1.r,� P.'_•r?m t,
ozl �xz -Brevard Count
f
she Cyt Y.� x'Ioracia, heroic �;;Gr nailed .
Y�. a:�ci
PLM
ARCO A« ='.i3A 02x and ALIC
CiL^UMM- B• SCABA110zj h
4I. DOBS02I anda;%PSL`1If iSO`D0�r112.'DI,E -barc;au::c
E �^ v t7: YORD and ALBPRT 11,. FOOBSO,.d, -bar'
and
�Jc-JUcild?11 AB20TT. ,• In unc�c� •iocl �';ido:•r=•wife and. husband, }
LiJ(1E?:�: ,�; JA 'DRE-AU and ri1R J >hl,iir.AU
TJ' Oa(r.i•. a . CA;;LTOiI
iiliiit7 D. iIICi:S ,',, hus;�� hcz ar_w :;i"c;
LIVIIIGS �OFd, as -trust ' ea =; D"`}t BROW II c.ild U. ;-.b .
r. of tI• -�it4 Island; R fox the rirut l3apci::c C .uz-ch .
cavL :R CI crc r Lit n ,.
tip"'=-�f.i'� 2i; ET.,. �.003:. R
1S... • - COif%D
and' BE j T G hu stand• vune. wl a;
OUTA, hua', and and viiz'e;
C. 1O,; LULEY and,Cornelia Lule
Tl?'Os'iI� :ILT, LIG; Y, 'his Mother;
PAULA : L011a ar'ld iiILIi
i LILLLI IiOI,C,0ir�3 Ar PLE� dAt'iE :Ai3�OrTT. LDNQ,-
,.. M-LCTLr•R,OZL compliza. � `
' CATii 8xt1E V, TiiO�iPSOIQ
.;,..:.. EL12.IL.BE21 3r: FIOL'' S; az' tul.Q3rT.1 d w1da�.*;
�'• S. JAMIESON'
,.
:S.� It:E3�i' and K1TIit E ,i. Tusband• and
_ . husband and : 4 e; an
nereirftcx r-red the ozlzzerc, _
f�T2dESS?TA:•
. ra'+hN ...Z::.�-.'1'�• .thQ.. ? Y.;..y;�wy .i:.• v,..\FiL.:.._ wui.4 t1Yr
'` owners aro convoying t
e C
o th ity a riSl:t o-
0 r ra,3c2 and', sCI,rar ling ' c:ctonci z
t . : azar the ; ouill Z1i1c Cx h 1
"tJ of " PAUL A. Zouc; and *t the t. o
dine ; .. .iC no_-% �a 4Z. ou;
dP llie nx•Q ert >•
P 3. OF ort Aucl:ar�tY, and ch4 said ��,
ert:T Zn beiriS conve7od b. `th gyp-
'� o airner; heroin to
0OM1.)zsac ..z1
_� beLnG paid ;l �•� �::oa}, a,
by the CZt�• f<a �
ai
xcons .de mtloSl• f c: otrtcrs zoo ^:,•i t
'
-�- II pro_ e=;,j,
Qt27@ caid cotivcyance the Cict ��
ccve.~, anL and u r ith t ,r uses h �,. i
Sec ►; ne...otnzers as doll �h
�► 'ac! Clay agrees �o . ...
: canatxuc ; 'the F:.e
02.` t: t_.:..;..' 'S r ••��i14 µ?aiy V::� tr4 `• �%
i�5) a cep cop
ha P erty of the air a'
�neru bel {
••.+l �.. F;. ( 5) :f cab o� the =1c, ..hQ �•:4
}' sau �h�requart
• �> iOTh:2 Iiip tS1C'2a, �'p f r l ~ o� :o --ption �': ia— t_ mak;
ftw/'
E
`'` aouth,,.z�;e thlrc;� cev.in (37)
,.} ''?Sl j •j r•1'k } N kr4 ^^ l}}i F,L J. t , h.+ f \ Ia+4
,t C A.,, 'N /� i't 'S I .j~ f)Y. .k \. t _ li '..�.. .•�� +-S l.
,�(g;$.p .5
2. 'lLho. City agrees -to construct the server line and s�,:e=
ny stcm wIthout any :cost to the ormora and without any acaccse.;e:.;,
being mo -do a,ainat the property of the or,:zcra for caid wcr;cj; zinc,
and further agrees , to'ulloia the oZmara to connect to tf:c sc::c»
systera without any charSq therefor for a period of ninety (90) d:iya
s:.. om the date of tho conplation of the • serer sytttem- tl,a only e:rpe sc
to be paid by the ormexs' shall be for the cost of the pipe and lui,o_
i:a eonnect ng' l2nes'•.£rocl their property to the sc;;cr lirz.
< 3.' The City agroes t;6 construct a road on either side ow -::a
4fLz:tcan. (15)' fee ^ where, tho. zc pr.' Iine is laid for the vild;.h of the
entire. right of Way .aonvdyad' by the oimers . to the City ti;it.:in a
Of two. (2). year; .from the date hereof. In .the event the Cwty sYa1?.
not have construct -ed the. road . base and commenced topping of the road
v S thin t1wo ' (2) .year a ,fron *the date hereof, 'the -property CO::vr f vC by
the o:•rner. to the 'City, except tho fifteen (15) fee 4 fo•^ the'we:;cz•
line, shall, -thereupon revo, t to the ounera viithou t any
whatsoever , andthe..City ihall have no further right, title, or sn_
Leges, I.n ana.to the property so. conveyed, except as to the t:.•es�
fa, teems' 1 feet of .the said southwest (�►�) n . ��, n
( 5) quarter ��. o_ oation
fourteen (� ), , towrish3p • twenty-- our (24) south, tinge 'thirty' 'even
M.) • east, 3s • aforesaid, and iri the- event the ac,•nerz .^,h: lj so 7..Lq, 3.= e
the City agrees :to' exeautie Such inbtrumontr,.6d may be neacess _y to;
per; ect the ti$le of tI,Q . ovrricra tb :the property.'convafed by tho o:•;;c,-;:
o the Ci �,r, .:otl2ex•. than Ko.: fiftocen' (15) -L eet retained . by the Cit
s-oA' ,aid 'sower linea
• ..Sir �9IX7rESS t IER:.Of?, the partiea. hereL-a ha v.^ a� zed and sea, �a
i
t:�iC ag.�ecment, as'oP tho day *and .year Tarsi: above nxittcn.
::ivied and sealed -in the '
P ^escnoo or. - CTTSC_ or. C!.:T
t
a .
Richard Fi. 3r'..:L:r.:l i
Ma
As to City _
Rttewt:
y . City Clcr:� �.
�. Jack Hurc.t - Co m:c'i?
x
Prank :ioof; - Cou:�c_l�a' L
4 vUn
_... •+
r.
..
Leo B; .Collins -- co•.trci
City..
•�
lulay:ca A. .Scaba ozi
LO r.Lutar Co' A LtT1d• _
lice B. Scabarozl,{
�11ica 13. Scabaro�;.
.. -
n-; J
George
(SEAT
lelezx A. Cbanalar
Geor;o .tJ.and a a.
ChanclYgr,:
and'.nobcr W. and
' Tiari3yn.
Roger 1:,. Dobsan
S. Dobson
.
-• ,' ... y
lar, yxT S."
As bo JJQvcrlY D. and
Azberly— 14. f ord -Ford
• r. V , ;
uantta Abt�o%t
A:3�a .it:a:Tl .a A both
VVV
to %agEzc .and W. 2.aria
�7aric Jandrea
( )
Jand--amu.
./�.L
r
' •. {% ...
, �, =:.�to axuccocs41
(cr—.a � 1.
Vill
As trustees f or tno -' : ro 4
_
..
Churcla of .dexx•l U-
-
Ou to
C.6 Ii. D. �trfl e a
Ccc li
CeGCIia.S. Co`l�cr
iter _
' ,•. , .
.
J.
NOE;-' OFA.
- '{
T
:
Hoiia. 1'cl 14. Gould
_.
to : rd X. luou d and
?;att-T. Gould
Betyf
l - L I
`
R. Q. kl ,xan,, Jr.
o�
F. S. Jami.esoh
:s to F. S. Jamieson
.SaWORD MILLS, S`iIC.
• -
Fres! d
As to ShuiOrd .Iiillt�,, a.
Attests_ '
"V
-
%s to Paul A. -and dyed
Jane Abbott Long
i dreda,Hc Abbott Lon :
.
. Lilli.axi llo cocb App Le ;;e
As to, Lil ia,n 1olcorab pp 4gtt e
-
BELCLMR OIL COMPJNLT<r
Felchcr .034Coclparly"-
Atte.st:
=
Catherine V.4orapso
As to Cwthevir e V.-JhoMpson:
r:C to Ll.is4eth-
-
L:..J. Eber: ola
-
Virginia �uex::cin
J. a11C: Vl.rgs:liri'
• • _ --
`'
.»•.•n i - '�
Eberw n and Philip.-
1 1 tr
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Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Discussion
Item
is
No.
This is a "draft" version and additional suggestions and recommendations are welcome for discussion with USA
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONTRACT EXTENSION FOR GARBAGE AND RECYCLING SERVICES
DEPT./DIVISION: SOLID WASTE
Requested Action:
That the City Council review and discuss the draft contract extension agreement.
Summary Explanation & Background:
The current contract expires on 09-30-99. This extension is for five years with (3) one-year options to extend.
The rates in Paragraph (3) A&B were rolled back $1.00 and the rates will remain frozen until 09-30-99.
Thereafter, there will be a CPI increase each year, discounted by 15%.
This is a "draft" version and additional suggestions and recommendations are welcome for discussion with USA
Waste.
Exhibits Attached:
Draft agreement; Resolution No. 97-18; current agreement
City 's Office -
Department SOLID WASTE
CITY OF CAPE CANAVERAL
AGREEMENT FOR
GARBAGE COLLECTION AND RECYCLING SERVICES
THIS AGREEMENT is made and entered into as of the day of , 1997, by
and between the CITY OF CAPE CANAVERAL, a duly organized municipal corporation (the
"City"), and WESTERN WASTE INDUSTRIES, INC. d/b/a USA WASTE SERVICES (the
"Collector").
Back rg, ound
The Collector has been performing garbage collection and recycling services for the City
pursuant to the Garbage and Rubbish Collection Agreement dated September 19, 1989 as amended
by Addendum No. 1 dated August 18, 1992.
The Collector has agreed with the City to reduced rates for certain residential services and
the City has agreed to extend the term of the existing agreement.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Exclusive Contract. The City grants to the Collector the exclusive right and obligation to
provide solid waste and recycling collection services within City boundaries.
2. Term. The term of this Agreement begins on the date set forth above and extends until
September 30, 2004. In addition, the City grants to the Collector three options to extend the term
of this Agreement for a period of one year each. These one-year options may be exercised by giving
written notice to the City at least six (6) months prior to the beginning of any extended term. During
any option period the terms and conditions of this Agreement will remain unchanged.
3. Rates. The following monthly rates for garbage and trash removal shall apply from the date
of this Agreement.
a. Single family, duplex and triplex .................. $7.71 per unit per month
b. Mobile home units and individual
apartments or condominiums ...................... $4.88 per unit per month
C. Individual commercial business
accounts with trash cans ........................ $10.85 per unit per month
d. Commercial dumpsters used by
commercial business, apartment
complexes and condominiums ....... $27.86 per containerized yard per month
GAVM029000011AGR CANA.01
08%28,91 10:19 U DIA111LIVS RAlLEY VJ002
e. Special collection services - in
addition to the normally provided
twice weekly service for commercial
duuapsters as provided in paragraph
"d" above .............. . . ....... $3.86 per containerized yard per pick-up
f. Recycling Service ............................... $2.13 per dwelling unit
g. Roll -off Containers
(1) Container delivery ................................. 50.00
(2) Per Pull 20 cu. yd ..................... . ...... 135.00
30 cu. yd ............................ 160.00
40 cu. yd. ........................... 185.00
(3) Actual disposal cost shall be added to the pull charge plus 20%.
(4) Dry runs shall be charged the same as the delivery rate.
The total amount charged by the Collector shall be based on the number of units serviced as
changed from time to time.
4. Rate A 'ustment. The rates set forth in paragraph 3 shall remain unchanged until September
30, 1999. On September 30, 1999 and on September 30 of each year thereafter, the rates shall be
adjusted based upon a 15% reduction in any annual increase in the Consumer Price Index (the
"CPP) for all Urban Consumers, unadjusted (U.S. City Average: all items) issued monthly by the
U.S. Department of Labor, using the years 1982-1984 as a base of 100. On September 30 of each
year, beginning on September 30, 1999, the rates shall be adjusted by multiplying the rates then in
existence by a fraction, the numerator of which shall be the Index Number for all items, all Urban
Consumers, as set forth in the CPI for the month of July of that year and the denominator of which
is the Index Number for all items, all Urban consumers Price Index for the prior July. In no event
will the rates decline, but if the CPI increases, then the CPI factor shall be reduced by 15% before
applied to increase the rates. In the event that the Department of Labor no longer publishes the CPI,
or if there is a significant change to the method of collecting the CPI, the parties will agree on a new
formula similar to the existing CPI formula. The rates shall not increase by more than 10% per year,
but if the CPI (as described) increases by more than 10%, thea any increases over 10% shall carry
over to the next year and be added to the CPI percentage for the next year.
The monthly collection rates shall also be adjusted based upon any increase or decrease in
the standard Workers Compensation Insurance rates applicable to the Collector without experience
modification based on actual payroll in the month following the change.
The Collector may request an increase in razes in the event of an extraordinary expense or
occurrence.
cr.AweNWOMMAcat CANAw 2
5. Collector's Obligations
(A) Garbage Pick Up. Garbage and trash pick up shall occur twice weekly from all
locations unless specified otherwise. Pickup will be from the customer's curbside location (curbside
service) or pre -selected dumpster locations. Rear door service shall be provided at no extra charge
for customers who have been designated handicapped by the City. Rear door service will also be
available at a standard additional charge, "as provided in Section 7 of Addendum 1," for any
locations one hundred (100') feet or less from curbside. Any service in excess of one hundred (100')
feet from curbside will be charged at a rate to be negotiated between the Collector and the customer.
The Collector is not required to collect garbage on City holidays, but the Collector will still be
required to collect garbage twice each week regardless of holidays.
(B) Horticultural Pick Up. An additional, separate horticultural trash pick up shall be
provided once per week for all horticultural trash placed at curbside. Horticultural trash that is
suitable to be containerized shall be placed for collection in an individual container. Plastic bags
will not be acceptable.
(C) Bulk Items. The Collector will collect residential bulk items (such as appliances,
furniture, etc.) on a weekly basis for no additional fees. However, bulk items which may be
generated by commercial or industrial operations will be charged separately for pick-up of such bulk
items.
(D) Provide Containers. Unless directed otherwise by the City, the Collector will provide
industrial containers for multi -family housing complexes and to businesses requiring such containers
at reasonable rental rates. Absent unusual circumstances, industrial containers will be supplied by
the Collector within three days after request.
(E) Equipment. The Collector shall maintain its equipment and containers in good
working order and with a clean appearance. The Collector shall have reserve equipment at its
disposal so that the Collector may perform the services required herein in the event of some
equipment failure. The containers used shall have easy opening, positive closing lids, and the
Collector shall spray the industrial containers with disinfectant every 30 days.
(F) Collector Personnel. The Collector shall maintain qualified personnel at all times to
perform the work as described in this Agreement. All personnel will wear a clean uniform or shirt
bearing the Collector's name.
(G) City Facilities. The Collector shall pick up all refuse and trash from all City facilities,
including parks and all recreational complexes, and containers at all beach and streets, at no cost to
the City.
(H) Hours. Except in emergencies, the Collector may not collect in residential areas
earlier than 7:00 a.m. or later than 7:00 p.m., E.S.T. or 9:00 p.m. E.D.T., Monday through Saturday.
No collection activities will normally occur on Sundays in residential areas. Collection in non-
residential areas may be made at other times if nearby residences are not disturbed.
(I) Litter. The Collector shall not litter in the process of collection or hauling. In the
event of litter or spillage, the Collector shall clean it up promptly.
(J) Approved Containers The Collector shall not be required to collect solid waste unless
it is in approved containers.
(K) Special Materials. The Collector will provide hauling service for materials not
routinely generated in residential areas. Collection of special materials, roll -off, open -top, and
compactor service will be contracted between the customer and the Collector.
GAVIM02700001WGR CANA.01 3
(L) Extraordinary Materials. Unless otherwise agreed by a separate understanding, the
Collector will not be required to collect any hazardous wastes, body wastes, dead animals,
abandoned vehicles, vehicle and boat parts, large equipment and parts, materials not generated by
the owner (such as tree trimmers or roofers).
(M) Communication. In addition to its regular office in Brevard County, the Collector
will provide emergency telephone service.
(N) Disposal. All refuse (not recyclables) shall be disposed of at the Brevard County
Solid Waste Disposal Station.
(0) Routes. The Collector will provide the City with current rates and collection
schedules and shall notify customer of any changes in pickup schedules not less than one (1) week
before the change.
(P) Books and Records. The Collector shall keep records of all costs and expenses
incurred in performance of this Agreement. These records shall be made available to the City to
substantiate all contract adjustments. An annual audit may be requested by the City and conducted
by an auditor selected by the City.
(Q) Container Enclosures. The City desires to have all front-end loader containers kept
in enclosures, and the Collector will, when feasible, pick-up and place front-end loader containers
in the enclosures provided. However, to insure that such enclosures are practical, all new enclosures
or existing enclosures which are to be reconstructed, remodeled, or renovated must be approved by
the Collector as the placement, positioning and size of the enclosure.
6. City Responsibilities.
(A) Billing. The City will handle all billing and collection services in connection with
City Refuse Accounts except when special rates apply or roll -off service in which case these special
services will be billed by Collector. The Collector will have primary responsibility for enforcing
this Agreement against competitors or third parties except for scavengers who will be prosecuted by
the City.
(B) Certification of Accounts. The City will certify to the Collector on the last Friday
of each month the number and size of all containers.
(C) Payments to Collector. Collector shall submit to the City its monthly statement for
services provided during the prior month. The statement will be in the format reasonably requested
by the City.
(D) Complaints. All complaints will be referred to the City. Any complaint deemed by
the City to be services shall be forwarded to the Collector for a written response or explanation and
statement of corrective action. The Collector will respond to all complaints in an expeditious
manner.
(E) Scavengers. Scavengers will be prosecuted by the City.
7. Recycling Program
(A) Recyclable Materials. The Collector shall collect the following:
Newspaper: Newspaper only. No phone books, brown paper, colored
newspaper, magazine paper, etc.
Aluminum Cans: No tin cans, odd pieces of aluminum, such as toys, chairs, etc.
G:1WP102700001\AGR CANA.01 4
Glass Jars / Bottles: No mirror, window pains, windowshields, etc.
Plastic Bottles: Milk and drink bottles only. No soap, Clorox, oil bottles or
odd pieces of plastic. NO STYROFOAM.
Other items may be collected at Collector's option. The Collector shall furnish a single bin
to each home for the purpose of storing recyclable materials in the home and identifying the
recyclable materials at the curb. The Collector will replace, up to five percent (5%) per year, bins
that are damaged. The size of the bins will be selected by the Collector and the color (within range
of availability) by the City. The bin may have both City and Collector names on the bin.
The City may inspect the recyclable materials to ascertain that they conform to the
requirements of this Agreement and to the type of bins, weight of bins, etc. The Collector will not
be required to collect materials that are in violation of this Agreement. The non -recyclable materials
in the recycling bin will be left in the bin at the residence as examples of incorrect materials that
should not be placed for collection.
(B) Services to be Performed by City. City shall be assisted by the Collector in
conducting a public awareness campaign to promote the City's recycling program. All materials and
publications used by the Collector shall be reviewed by the City and that used by the City referring
to the Collector shall be reviewed by the Collector.
(C) Compensation to City.
(1) The Collector will maintain accurate weight records of each type of recycling
material collected within the City. The recyclable materials will be mixed with similar materials
collected from other recycling areas. The materials may be held until enough volume is accumulated
and/or the offering price appears to be in the best range under the existing condition, in the judgment
of the Collector, at which time the material will be sold. The cost for storing, processing, and
shipment will be taken out of the revenue received for the sale of material. The remaining money,
if any, will be the City's. The recyclable materials may be handled through a County processing
center if and when one is developed. The revenue from the materials would be handled in the same
manner as above.
(2) Within fifteen (15) days after the Collector receives the revenue for the
materials, a check for the City's portion of the money will be mailed to the City.
(D) Reporting Requirements. (1) Monthly Reports: The Collector shall submit monthly
(4 or 5 weeks) reports. This report will identify by week, by type of material, the amount of
recyclable materials collected from the City. It will also show the accumulative amounts of material
from the City at the Collector's site, and the amount of the City's materials sold that month.
(2) Material's Sales Report. Within two (2) weeks of each materials sales, a report will be issued
to the City showing the amount of materials from the City that was involved in the sale, the portion
of the storage, processing and shipping cost, and the amount of money due the City. If the cost
exceeds the revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City
will receive one hundred percent (100%) of the excess.
(E) Bins The Collector will initially provide City residents one (1) portable bin for
recyclable materials to accommodate the amount of recyclable materials generated by those
particular premises. Heavy-duty plastic bags of the type especially manufactured for rubbish
collection, and trash compacter sacks, may be used for materials that occasionally exceed the bin
capacity. Grocery cartons and paper sacks are acceptable as excess recyclable material bins,
GAWP102700001WGR CANA.01 5
provided'that are not torn, wet, or otherwise damaged. The residents are responsible for proper care
of the container.
(F) Placement of Bins. On the day designated for collections, City residents shall place
the bin on the curb at the normal collection point. Each bin containing recyclable material shall be
placed on the curb not later than seven (7) a.m. on the day of collection.
(G) Turning in Bins. When vacating a residence, the resident must turn in the bin to the
Collector or City. If the bin is not turned in, the resident will be charged the current replacement
value on their final bill.
(H) Title. The City shall have title to all refuse material, but all recyclable material
collected by the Collector shall become owned by Collector upon collection.
8. Standard of Performance.
(A) It shall be considered a breach of this Agreement if the Collector fails to collect the
solid waste materials herein specified for a period in excess of two (2) consecutive, scheduled,
working days, or fails to operate the system in a manner that is in accord with this Agreement in the
reasonable determination of the City Manager. If such failure is due to war, insurrection, riot, Act
of God, or any other cause beyond the Collector's control, then it shall not be considered a breach
of this Agreement. In the event the City Manager determines that a breach has occurred but the
Collector disagrees with the City Manager's determination, then the Collector shall have the right
to appeal the decision to the City Council at the next regularly scheduled Workshop and Council
Meeting.
(B) If the City finds it necessary to perform the Collector's duties itself or by a third
party, then the City shall have the ability to deduct any and all operating expenses from
compensation to the Collector.
(C) If the Collector fails to perform its collection responsibilities under this Agreement
and the Collector is unable for any cause to resume performance at the end of thirty (30) calendar
days, the City shall be free to negotiate with other collectors for the operation of said collection
service. Such operation with another Collector shall not release the Collector herein of its liability
to the City for such breach of this Agreement. In the event that this Agreement is so negotiated with
a new Collector or Collectors, third party liability of the Collector herein shall terminate insofar as
same arises from tortious conduct in operation of the collection services.
9. Liquidated Damages. A breach of certain duties of the Collector provided herein would
cause serious and substantial damage to the City and its occupants, and the nature of this Agreement
would render it impracticable or extremely difficult to fix the actual damage resulting from such
breach Therefore, it is agreed that in case of breach of the duties described below, the City may
elect to collect liquidated damages for each such breach and the Collector will pay to the City as
liquidated damages and not as a penalty, the amounts set forth below. An election to seek such
liquidated damages shall not be construed as a waiver of any legal remedies the City may have as
to any subsequent breach under this Agreement.
A truck beginning residential collections prior to 7:00 a.m. $25.00 per day
G:\W11\0270000MGR-CANA.01 6
Failure to collect misses within twenty-four (24) hours of
notification to Collector.
$10.00 each residential
or commercial unit
served by container
Repetition of valid complaints on a route after notification to replace $5.00 each
container in a designated location, spilling, not closing gate,
crossing planted areas or similar violations.
Such liquidated damages as the City shall elect to collect will be deducted from the monthly
payments due the Collector. Each complaint shall be determined on the basis of a joint inspection,
if necessary, by a representative of the City, and a representative of the Collector, and the decision
of the City Manager that any complaint is legitimate shall be final.
10. Default of Agreement. Should the Collector abandon, delay unnecessarily in the
performance of, or in any manner refuse or fail to comply with any of the terms of this Agreement,
or neglect or refuse to comply with the instructions of the City relative thereto, the City shall notify
the Collector, in writing, of such abandonment, delay, refusal, failure or neglect and direct it to
comply with all provisions of this Agreement. A copy of such written notice is to be mailed to the
surety on the Performance Bond and delivered to the City.
Should the Collector fail to show cause why it has abandoned, delayed, refused, failed or
neglected to comply with the terms of this Agreement, to the satisfaction of the City Council, the
City Council may, by resolution, declare a default of this Agreement and notify the Collector and
the surety on the Performance Bond of such declaration of default, or the City may take such other
action as it may deem advisable.
Upon such declaration of default, all payments due the Collector shall be retained by the City
and applied to the completion of this Agreement and to damages suffered and expense incurred by
the City by reason of such default, unless the surety on the Performance Bond shall assume this
Agreement, in which event, all payments remaining due the Collector at the time of default, less
amounts due the City from the Collector and less all sums due the City for damages suffered and
expenses incurred by reason of such default shall be due and payable to the surety. Thereafter, such
surety shall receive monthly payments equal to those that would have been paid the Collector had
such Collector continued to perform this Agreement.
If such surety fails to exercise such option, the City may complete this Agreement or any part
thereof, either by day labor or by reletting an agreement for the same, and the City shall have the
right to take possession of and use any or all of the vehicles, materials, equipment, facilities and
property of every kind provided by the Collector for the performance of this Agreement, and to
procure other vehicles, equipment and facilities necessary for the completion of the same, and to
charge the cost of same to the Collector, together with the cost incident thereto.
In the event the City completes this Agreement at a lesser cost than would have been payable
to the Collector under this Agreement if the same had been fulfilled by said Collector, then the City
shall retain such difference. Should such cost to the City be greater, the Collector shall be liable for
and pay the amount of such excess to the City.
11. Disputes. Any controversy, claim or dispute, arising out of or relating to this Agreement,
including questions of performance of fees and charges, shall be handled as follows:
GAWP\02700001\AGR CANA.01 7
(A) The City Manager will attempt to resolve the dispute with the Collector.
(B) If the City Manager cannot resolve the dispute with the Collector within ten (10) days
of first being notified of the dispute, or initiating the dispute, the matter shall be submitted to the
City Council to be acted upon at the next regularly scheduled City Council Meeting.
(C) If the City Council fails or is unable to settle the dispute, then either party may pursue
its available legal remedies.
12. Performance Bond. The Collector shall furnish to the City a Performance Bond for the
faithful performance of this Agreement and all obligations arising hereunder, in the amount of forty-
five thousand dollars ($45,000.00). It shall be executed by a surety company licensed to do business
in the State of Florida.
13. Workers Compensation Insurance. The Collector shall provide and maintain during the life
of this Agreement, adequate Worker's Compensation Insurance, in accordance with the laws of the
State of Florida, for its employees. A copy of the policy, annual audits and policy renewals must
be provided to the City by the Collector, and accompanied by a list of applicable Collector's
personnel.
14. Liability Insurance. The Collector shall provide and maintain during the life of this
Agreement, Public Liability and Property Damage Insurance and Umbrella Coverage in the
following amounts:
Public Liability: $100,000 per person/$300,000 per accident, minimum
Property Damage: $100,000 per any one claim, minimum
Umbrella Liability: $1,000,000.00 with a $25,000 deductible and/or base insurance
minimum
to protect itself, its agents, and its employees from claims for damages for personal injury including
wrongful and accidental death and property damage which may arise from operations under this
Agreement, whether such operations be performed by itself or its employees. The policy or policies
shall name the City as additional insured and shall contain a clause that the insurer will not cancel
or decrease the insurance coverage, without first giving the City thirty (30) days notice in writing.
If practical, the Collector will seek to obtain long-term policies to obtain lower premiums.
The Collector shall provide the City with copies of all policies, audits and renewals.
15. Indemnitv. The Collector will defend, indemnify, save harmless and exempt the City, its
officers, agents, servants and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury
to persons, damage to property arising out of work done in the performance of this Agreement, or
any other cause of action asserted against the City under or arising from this Agreement. The City
reserves the right to retain counsel of its choice at its own expense, or, in the alternative, approve
counsel obtained by the Collector.
GAWP\02700001\AGR CANA.01 8
i"db6
r
16. Assignment and Sub -letting No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by the Collector without the express written consent
of the City Council except to a wholly-owned subsidiary of USA Waste Services, Inc. In the event
of any assignment, the assignee shall assume the liability of the Collector.
17. Notice. A letter addressed and sent by certified United States. Mail to either party at its
business address shown hereinabove shall be sufficient notice whenever required for any purpose
in this Agreement.
18. Definitions
(A) Approved Container shall mean industrial, commercial or individual containers
approved by the City and by the Collector.
(B) Bins shall mean containers provided by the Collector for recycling. Bins shall be in
the size currently utilized or as otherwise agreed by the parties.
(C) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for
temporary storage of refuse or trash at street and beach locations and other City recreational
facilities.
(D) Business shall mean and include all retail, professional, wholesale and industrial
facilities and any other commercial enterprises.
(E) Commercial shall mean and include all dwellings and businesses serviced by an
industrial container of two (2) cubic yard capacity or greater.
(F) Duplex shall mean and include a detached two-family dwelling designed or intended
for occupancy by two (2) families.
(G) Garbage shall mean and include all waste and accumulation of animal, fruit or
vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or
storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to
decay, putrification, which may serve as breeding or feeding materials for flies and/or other germ -
carrying insects.
(H) Hazardous Materials shall mean wastes that are hazardous by reason of their
pathological, explosive, radiological or toxic characteristics.
(I) Horticultural Trash shall mean accumulation of lawn, grass or shrubbery cuttings, or
clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in
length, thirty (30) inches in diameter, and/or exceed 50 lbs.), bushes, or shrubs, green leaf cuttings,
coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards, except large
branches, trees, or bulky or non-combustible materials not susceptible to normal loading.
(J) Individual Containers shall mean a container made of non-absorbent material
provided with a closely fitting cover, side bail handles, and of thirty (30) gallons or less gross
capacity or a thirty (30) gallon or less gross capacity waterproof bag of strength and material
approved by the City and not exceeding 50 lbs.
(K) Industrial Container shall mean a two (2) cubic yard or larger container which can
be emptied by mechanical means.
(L) Recycling: the capture, removal, and reuse of an item or material from the waste
stream that would otherwise be disposed of.
(M) Recyclable Materials shall have the meaning as described herein.
G:\WP\02700001\AGR CANA.01 9
(N) Refuse shall mean a combination of garbage, small pieces of materials and
horticultural trash separated and containerized for pickup.
(0) Single -Family shall mean and include a detached single-family dwelling designed
or intended for occupancy by one (1) person or by one (1) family.
(P) Special Material shall mean those bulky materials or other special wastes that are not
stored in approved containers and are not routinely generated in residential areas.
(Q) Trash shall mean material, excluding horticultural trash which by the nature of its size
cannot be containerized.
(R) Triplex shall mean and include a detached three-family dwelling designed or intended
for occupancy by three (3) families.
(S) Solid Waste shall mean a general term which includes all forms of solid materials
handled and hauled by the Collector. All loose materials that are of the size that can be containerized
shall be put in a container. All materials that can be cut shall not exceed four (4) feet in length, thirty
(30) inches in diameter, and/or exceed 50 lbs.
(T) Curbside - a point within the parkway abutting such residence no farther than five (5)
feet from the curb line or paving line, or, in case no parking exists, which abuts the customer's
property at a point no greater than five (5) feet from the curb line or paving line of the nearest public
street, or, in the case of the existence of a drainage ditch, at a point within said dimensions adjacent
to the nearest driveway.
19. Miscellaneous. The failure of the City at any time to require performance by the Collector
of any provisions hereof shall in no way affect the right of the City there ifter to enforce same. Nor
shall waiver by the City of any breach of any provisions hereof be take a or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any provision itself.
This Agreement shall be governed by and construed under the laws of the State of Florida. The
Collector shall conduct operations under this Agreement in compliance with all applicable laws. If
any provision of this Agreement shall be declared illegal, void, or unenforceable, the other
provisions shall not be affected but shall remain in full force and effect. The Collector shall obtain
at its own expense all permits and licenses required by law or ordinance and maintain same in frill
force and effect. In the event of any litigation concerning this Agreement, the prevailing party shall
be entitled to its reasonable attorneys fees and expenses, including any such fees or expenses
incurred in appellate proceedings.
WESTERN WASTE INDUSTRIES, INC. CITY OF CAPE CANAVERAL
d/b/a USA WASTE SERVICES
By:
By:
Print:
Print:
Its: Vice President
Its:
GAWPW2700001WGR CANA.01 10
RESOLUTION NO. 97-18
- A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES
FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 62-5 of the Code of Ordinances of the City of Cape Canaveral provides
for the establishment of a rate schedule for garbage and trash removal; and
WHEREAS, there is an agreement between the City of Cape Canaveral, Florida, and Western
Waste Industries, Inc., dated September 19, 1989, which provides for reconsideration of the schedule
of charges based upon the adjustments and any change in the Consumer Price Index to a maximum of
ten percent (10%); and
WHEREAS, the Consumer Price Index for the previous year has changed and increased
overall by 2.8%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Rate Schedule in Resolution No. 96-25 is hereby modified with, and the
following rate schedule for garbage and trash removal is hereby established:
a. Single family, duplex and triplex............................................................................ $ 8.71 per unit
per month
b. Mobile home units and individual
apartments or condominiums ......
C. Individual commercial business
accounts with trash cans ...............
d. Commercial dumpsters used by
commercial business, apartment
complexes and condominiums...
GACityClk\RES\FRNCHSE\GARBAGE RATE INCREASE.DOC
................................................ 5.88 per unit
per month
................................................... 10.85 per unit
per month
.........................................27.01 per con-
tainerized yard
per month
City of Cape Canaveral, Florida
Resolution No. 97-18
Page 2
e. Special collection services - in
addition to the normally provided twice
weekly service for commercial dumpsters
as provided in paragraph "d" above ....................
...................... 3.86 per con-
tainerized yard
per pick-up
f. Recycling Service...................................................................................................... 2.13 per
dwelling unit
SECTION 2. Savings Clause - If any provision, paragraph, word, section or article of
this resolution is invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.
SECTION 3. This Resolution shall become effective July 1, 1997.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day
of June ,1997.
A17
Sandra 0. dims, CITY CLERK
APP O FORM:
Kohn Bennett, CIT3�ATTORNEY
G:1CityC1k\RESTMCHSE%GARBAGE RATE INCREASE.DOC
K. Porter, MAYOR
NAMEFOR AGAINST
BRUNS Sacond
HERNANDEZX
PETSOS Motion _
PORTER x—
RANDELS X
ADDENDUM NO. 1
This Addendum No. 1 made and entered into this 18th day of
August , 1992, by and between the City of Cape Canaveral,
Florida (the "City") and Western Waste Industries (the
"Collector"), amending that certain Agreement between the parties
,dated September 19, 1989.
W I T N E S S E T H
WHEREAS, in an Agreement dated September 19, 1989, the City
awarded the Collector an exclusive solid waste and recycling
collection franchise within the city limits of Cape Canaveral; and
WHEREAS, the City and Collector have agreed to the
implementation of a separate horticultural trash collection program
to begin July 6, 1992; and
WHEREAS, the City and Collector have agreed for an extension
of the term of the Agreement; and
WHEREAS, the City and Collector have agreed to switch from
rear door service to curbside service effective July 6, 1892; and
WHEREAS, it is necessary to amend the Agreement to incorporate
the term, horticultural trash, recycling provisions and curbside
collection.
NOW, THEREFORE, in consideration of the promises and mutual
covenants, agreements and considerations contained herein, the City
and Collector hereby agree and covenant each with the other that,
Section 1. That Section 17. (A) ADJUSTMENT OF
CONTRACT PRICE, shall be amended to read
as follows:
"The contract price paid to the Collector for residential
collection during each year beginning July 1, 1995; and
for commercial dumpster service beginning July 1, 1994,
shall be adjusted by any change in the previous twelve
Y (12) months cost of living determined in accordance with
the formula set in sub -paragraph "B" below, but not to
exceed ten percent (10%) for any twelve (12) month time
period."
Section 2. That Section 2. TERM OF CONTRACT, of the
Agreement is hereby amended to read as
follows:
"Subject to the termination provisions contained in
Sections 28 and 46 of the Agreement, the term of thins
Addendum No. 1
Garbage & Rubbish Collection Agreement
Page 2
Agreement, shall commence upon execution of this
Agreement by both parties and extend until September 30, _
1999."
Section 3. That the Agreement is hereby amended to
add definition "(AA)
Curbside - A point within the parkway abutting such
residence no farther than five (5) feet from the curb
line or paving line, or, in case no parkway exists, which
abuts the customer's property at a point no greater than
five (5) feet from the curb line or paving line of the
nearest public street, or, in the case of the existence
of a drainage ditch, at a point within said dimensions
adjacent to the nearest driveway."
Section 4. That Section 4. (A) SERVICE shall be
amended to read as follows:
"Garbage and trash pick up shall occur twice weekly from
all locations unless specified otherwise. Pickup will be
from the customer's curbside location (curbside service)
or pre -selected dumpster locations. Rear door service
shall be provided at no extra charge for customers who
have been designated handicapped by the City. Rear door
service will also be available at a standard additional
charge, "as provided in Section 7 of Addendum l," for any
locations one hundred (100') feet or less from curbside.
Any service in excess of one hundred (1001) feet from
curbside will be charged at a rate to be negotiated
between the Collector and the customer_. In the event of
a dispute, the decision shall be subject to the approval
of the City Manager."
Section 5. That Section 4. (D) SERVICE shall be
amended to read as follows:
"An additional separate horticultural tr_ash.pick up shall
be provided once per week for all horticultural trash
placed at curbside. Horticultural trash that is suitable
to be containerized shall be placed for collection in an
individual container. Plastic bags will not be
acceptable."
Addendum No. 1
Garbage & Rubbish Collection Agreement
Page 3
Section 6. That definition (X) Trash shall be
amended to read as follows:
"Trash - shall mean material, excluding horticultural
trash, which by the_ nature of its size cannot be
containerized."
Section 7. That Section 15 (A) Residential and
Commercial Collection shall be deleted in
its entirety and the following language
substituted therefore: "For services
required to be performed under this
contract for residential and commercial
collections and subsequent transportation
to the Brevard County Solid Waste
Disposal station, the rates, as of July
1, 1992, are as follows:"
1. Curbside
- Single family,
duplexes, and
triplexes - $
8.01/unit/month
2. Reardoor
- Single family,
duplexes, and
triplexes - $11.01/unit/month
3. Curbside
- Mobile home
units and
individual apartments or
condominiums
- $
5.41/unit/month
4. Reardoor
- Mobile home
units and
individual apartments or
condominiums
- $
8.41/unit/month
5. Commercial - Individual business accounts
with trash cans
- $ 9.74/unit/month
6. Commercial - Dumpsters used by businesses,
apartment complexes and
condominiums
- $24.24/container-
ized yard/month
Addendum No. 1
Garbage & Rubbish Collection Agreement
Page 4
7. Commercial - Special collection services in
addition to the normally
provided twice per week service
of dumpsters, as provided in
paragraph (6) above
- $ 3.46 container-
ized yard/pickup
8. Residential - Recycling
Services
- $ 1.96/unit/month,
plus 1/2 of the
value of the
r e c y c l i n g
materials
collected.
Section 8. That all terms and conditions of the
Agreement not inconsistent with the terms
and conditions of this Addendum No. 1
shall remain in full force and effect.
In Witness Whereof, the parties have set their hands and seals
on the day and year first above written.
ATTEST: CITY OF CAPE CANAVERAL
Faith G. Mille , CITY CLERK Jay . Salamone, MAYOR
WITNESSES: WESTERN WASTE INDUSTRIES
By:
Robertyr
Its: Division Manager
ti
Addendum No. 1
Garbage & Rubbish Collection Agreement
Page 3 1
Section 6. That definition (X) Trash shall be
amended to read as follows:
"Trash - shall mean material, excluding horticultural
trash, which by the nature of its size cannot be
containerized."
Section 7. That Section 15 (A) Residential and
Commercial Collection shall be deleted in
its entirety and the following language
substituted therefore: "For services
required to be performed under this
contract for residential and commercial
collections and subsequent transportation
to the Brevard County Solid Waste
Disposal station, the rates, as of July
1, 1992, are as follows:"
1. Curbside - Single family, duplexes, end
triplexes - $ 8.01/unit/month
2. Reardoor - Single family, duplexes, and
triplexes - $11.01/unit/month
3. Curbside - Mobile , home units and
individual apartments or
condominiums
- $ 5.41/unit/month
4. Reardoor - Mobile home units and
individual apartments or
condominiums
- $ 8.41/unit/month
5. Commercial - Individual business accounts
with trash cans
- $ 9.74/unit/month
6. Commercial - Dumpsters used by businesses,
apartment complexes and
condominiums
$24.24/container-
ized yard/month
jo
Addendum No. 1
Garbage & Rubbish Collection Agreement
Page 4
7. Commercial - Special collection services in
addition to "the normally
provided twice per week service
of dumpsters, as provided in
paragraph (6) above
$ 3.46 container-
ized yard/pickup
8., Residential - Recycling Services
- $ 1.96/unit/month,
plus 1/2 of the
value of the
r e c y c 1 i'n g
materials
collected.
Section 8. That all terms and conditions of the
Agreement not inconsistent with the tems
and conditions of this Addendum No.,, 1
shall remain in full force and effect.
In Witness Whereof, the parties have set their hands and seals
on the day and year first above written.
ATTEST:
—"- �(LX4 e� Z11
Faith G. Millek--, CITY CLERK
WITNESSES:
CITY OF CAPE CANAVERAL
J y . Salamone, MAYOR
WESTERN WASTE INDUSTRIES
By:
Robert Vjlyr<#
Its: Division Manager
Western Waste Industries
August 26, 1992
Faith G. Miller, CMC
Cape Canaveral
P 0 Box 326
Cape Canaveral, Fl 32920
Ref: Waste Collection Addendum No. 1
Dear Ms. Miller:
Please find enclosed your original signed document.
If you need anything else in reference to this, please
contact me.
Sincerely,
Robert J. Hyres
Division Manager
RJH/bk
(407) 636-6894 3303 Lake Dr., Cocoa, FL 32926, P.O. Box 3803, Cocoa, FL 32924-3803 FAX: (407) 632-3078
RECYCLED PAPER
Western Waste Industries
3303 LAKE DRIVE
COCOA, FLORIDA 32922
PH. (407)-636-6894 / FAX. (407)-632-3078
City of Cape Cananveral
Yard Waste and Curbside Service Proposal
Garbage Service: Monday & Thursday
Yardtrash Service: Monday
Recycling: Monday
Option I
Bring all garbage and yard trash to curbside;
All_.ar��+: �� aG difficult to service w, i�brebtigit
i� o comp- ce an se Vj�� n1lRrtion_
Cost: Remain at current rate for next 2 years then resume CPI
increase. This would require a contract extension of 5
years to amortize the cost the new equipment.
Option II
Remain at backyard service add an additional yard trash
collection
Cost: Additional $2.00 for the life of the contract
OR
Additional $.85 with a 5 year contract extension
Option III
Bring all garbage curbside. Offer the areas defined as
difficult to service the option of coming into compliance or
paying additional for the service to continue at status quo.
(See attached for details)
Cost: Remain at the same cost as we are currently, but gharge
an additional $5.00 per home for those areas' "that wish to
remain as they are currently being serviced, there would be
no CPI increase for two years and a contract extension of 5
years.
f f
GARBAGE AND RUBBISH COLLECTION AGREEMENT
THIS AGREEMENT, made and entered into this 1901 day of
September , 1989, by and between the CITY OF CAPE
CANAVERAL, a municipal corporation duly organized and located
in Brevard County, Florida, hereinafter referred to as the City
and WESTERN WASTE INDUSTRIES, INC., hereinafter referred to
as the Collector.
1. EXCLUSIVE CONTRACT
The City grants to the Collector the exclusive right and
obligation to provide solid waste and recycling collection
services within the City boundaries as so stated in this
contract.
2. TERM OF CONTRACT
The term of this contract shall be a period of five (5)
years beginning October 1, 1989 and continuing through September
30, 1994. The parties hereto may extend this contract by mutual
consent in writing at least one (1) year prior to the expiration
of the current term.
3. DEFINITIONS
(A) Approved Container shall mean industrial containers as
defined herein, and individual containers provided by customer
as defined herein to the City.
(B) Bins: shall mean containers provided by the Collector
for the purpose of conducting a recycling program with the City.
Bin size shall be as determined by this agreement.
(C) Bulk Container shall mean a fifty-five (55) gallon drum
supplied by the City for temporary storage of refuse or trash at
street and beach locations and other City recreational facilities
(D) Business shall mean and include all retail,
professional, wholesale and industrial facilities and any other
commercial enterprises offering goods or services to the public.
(E) Commercial shall mean and include all dwellings and
businesses serviced by an industrial container of two (2) cubic
yard capacity or greater.
(F) Containerized Business shall mean and include any
business, multi -family dwelling or other structure whose garbage
and/or trash is deposited in an approved container for removal by
the Collector.
(G) Doorside Recycling shall mean the collection of
recyclable materials from individual residences at the doorside
1
41
(used in large apartment and condo areas where curbside is not
practical).
(H) Dropoff Center shall be a designated location where the
public can deposit recyclable materials with no monetary
remuneration.
(I) Duplex shall mean and include a detached two-family
dwelling designed or intended for occupancy by two (2) families.
(J) Garbage shall mean and include all waste and
accumulation of animal, fruit or vegetable matter that attends,
or results from the preparation, use, handling, cooking, serving
or storage of meats, fish, fowl, fruit, vegetable matter, of any
nature whatsoever, which is subject to decay, putrification,
which may serve as breeding or feeding materials for flies and/or
other germ carrying insects.
(K) hazardous Materials shall mean wastes that are
hazardous by reason of their pathological, explosive, radiological
or toxic characteristics.
(L) Horticultural Trash shall mean accumulation of lawn,
grass or shrubbery cuttings, or clippings and dry leaf rakings,
palm fronds, small tree branches (shall not exceed four. (4) feet
in length, thirty (30) inches in diameter, and/or exceed 50 lbs),
bushes, or shrubs, green leaf cuttings, coconuts, fruits, or
other matter usually created as refuse in the care of lawns and
yards, except large branches, trees, or bulky or non-combustible
materials not susceptible to normal loading.
(M) Individual Containers shall mean a container made of
non-absorbent material provided with a closely fitting cover,
side bail handles, and of thirty (30) gallons or less gross
capacity or a thirty (30) gallon or less gross capacity waterproof
bag of strength and material approved by the City and not
exceeding 50 lbs.
(N) Industrial shall mean establishments generating waste
accumulation of metal, metal products, minerals, chemicals,
rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, wastes from animal packing
or slaughterhouses or materials usually created by industrial
enterprises.
(0) Industrial Container shall mean a two (2) cubic yard or
larger container which can be emptied by mechanical means.
(P) Multi -Family Dwelling shall mean and include any building
or structure containing four (4) or more contiguous living units
and intended exclusively for residential use by single persons or
families.
2
�f
AQ) Non -Containerized Business shall mean and include any
dwelling, business, apartment or other structure whose garbage and
trash is deposited and collected by means other than a container.
(R) Recycling: the capture, removal, and reuse of an item or
material from the waste stream that would otherwise be disposed
of.
(S) Recyclable Materials shall mean any material recovered
from the refuse which has been designated as reusable, including,
but not limited to, newspaper, plastic beverage bottles, aluminum
cans, high grade paper, glass, and others that may be designated
later.
(T) Refuse shall mean a combination of garbage, horticultural
trash and small pieces of materials which are containerized for
routine pickup.
(U) Single -Family Residence shall mean and include a
detached single-family dwelling designed or intended for occupancy
by one (1) person or by one (1) family.
(V) Special Material shall mean those bulky materials or
ot)aer special wastes that are not stored in approved containers
and'are not routinely generated in residential areas.
(W) Trailer Parks shall mean and include any group of two (2)
or more trailer lots operated as a commercial business to provide
parking for mobile homes as living units.
(x) Trash shall mean a combination of large horticultural
materials and material which by the nature of its size cannot be
containerized.
(y) Triplex shall mean and include a detached three-family
dwelling designed or intended for occupancy by three (3) families.
(Z) Solid Waste shall mean a general term which includes all
forms of solid materials handled and hauled by the Collector. All
loose materials that are of the size that can be containerized
shall be put in a container. All materials that can be cut shall
not exceed four (4) feet in length, thirty (30) inches in
diameter, and/or exceed 50 lbs.
4. SERVICE
(A) Garbage pickup shall occur twice weekly from all
locations unless specified otherwise. Pickup will be from the
customer's container location (back yard service) or preselected
dumpster locations. The Collector's collection schedule will be
approved by the City.
(B) The Collector will provide industrial containers for
apartment complexes and all condominium complexes unless
specifically excluded. Industrial containers will also be
91
provided businesses requiring such containers. All normal
requests shall be filled within three (3) working days.
(C) All containers provided by the Collector for use on this
contract shall be new or reconditioned and of a type acceptable
to the City. All Collector's containers supplied shall be
equipped with easy opening, positive closing lids.
(D) A once a week trash pickup service shall be provided for
all refuse, trash and horticultural trash placed at curb side, at
no cost.
(R) The Collector shall pick up all refuse and trash from
all City facilities, including parks and all recreational
complexes, and containers at all beach end streets, at no cost to
the City.
(F) Bins: persons occupying or in possession of premises in
the City shall have initially provided for them by the Collector,
one (1) portable bin for recyclable materials to accomodate the
amount of recyclable materials generated by those particular
premises. Heavy-duty plastic bags of the type especially
manufactured for rubbish collection, and trash compactor sacks,
may be used for materials that occasionally exceed .the bin
capacity. Grocery cartons and paper sacks are acceptable as
excess recyclable material bins, provided they are not torn, wet,
or otherwise damaged. The residents are responsible for proper
care of the container.
(G) Placement of bins: each recyclable material bin shall be
kept on the premises of the person receiving the bin. On the day
designated for collections, it shall be placed for collection on
the curb at the normal collection point. To assure pickup, each
bin containing recyclable material shall be placed there not
later than seven (7) a.m. on the day of collection.
(H) Turning in bins: when vacating a residence, the resident
must turn in the bin to the Collector or City. If the bin is not
turned in, the resident will be charged the current replacement
value on their final bill.
S. HOURS
Residential and Recycling: Collection shall be made in
residential areas beginning no earlier than 7:00 a.m. Collection
shall not occur after 7:00 p.m., or on Sundays, except in times
of emergency or during periods when Daylight Savings Time is in
effect. Daylight Savings Time collection hours may be extended
to 9:00 P.M.
Commercial: Collections may be made at shopping center and
primarily business and industrial centers, at night or early
4
r+
morning hours if immediate residential areas are not disturbed by
such collections.
6. SPILLAGE AND LITTER
The Collector shall not litter premises in the process of
making collections. During hauling, all solid waste shall be
contained, tied or enclosed so that leaking, spilling or blowing
are prevented. In the event of spillage by the Collector, the
Collector shall promptly clean up the litter.
7. APPROVED CONTAINERS
All commercial industrial containers serviced by the
Collector shall be provided by the Collector. Color of the
containers shall be determined by the City. Amounts and types of
refuse placed for residential collection shall be stored in
individual containers as defined herein.
8. UNAPPROVED CONTAINERS
The Collector shall not be required to collect refuse unless
it is in approved containers, except as provided for by the once
a week trash pickup.
9. SPECIAL MATERIALS
The Collector shall provide hauling service for materials
not routinely generated in residential areas, e.g., construction
and industrial materials. Roll -off, open -top, and compactor
service shall be coordinated by the customer with the Collector
to determine level of service, such as size of container and
frequency of collection.
10. EXTRAORDINARY MATERIALS
Hazardous wastes, body wastes, dead animals, abandoned
vehicles, vehicle and boat parts, large equipment and parts,
materials produced by other than owner (e.g. tree trimmers,
roofers, etc) will not be collected by the collector unless
specifically directed by the City and agreed to by the Collector,
at a price to be negotiated per individual collection.
11. COLLECTION EQUIPMENT
(A) The Collector shall have on hand at all times, in good
working order, such equipment as shall permit the Collector,
adequately and efficiently, to perform its duties hereunder. The
equipment shall be purchased from a nationally known and
recognized manufacturer.
r�
(B) The Collector shall maintain all collection equipment in
good repair, acceptable appearance, clean and sanitary at all
times. The Collector shall have available for its use at any
time, reserve equipment which it can put into operation within
twelve (12) hours of any breakdown. Reserve equipment must be
capable of performing in such a manner as will allow the
Collector to meet the general terms of its contract.
(C) The Collector will be responsible for all commercial
industrial container maintenance and upkeep. Collector shall not
allow same to become rusty and dilapidated, but shall maintain it
in a neat and operable condition.
(D) The Collector will be required to spray with
disinfectant-, all commercial industrial containers once each
thirty (30) days.
12. OFFICE
The Collector shall use its existing office facility at 3303
Lake Drive, Cocoa, Florida. The Collector will provide radio
com#;unication from its office to all vehicles operating in the
CitV of Cape Canaveral. The Collector shall also provide
emergency telephone service at all hours which its office is not
open.
13. TITLE TO WASTE
(A) The City shall have vested title to all refuse materials
generated within the corporate limits of the City.
(B) All recyclable material collected by the Collector shall
be the property of the Collector from and after the time of
collection. No person other than the resident, the City or the
Collector, shall collect materials from any bin or remove the bin
from the collection point.
19. DISPOSAL
All refuse shall be transported to the Brevard County,
Florida operated Solid Waste Disposal station as required by
County Ordinance. Recycle materials should be handled by the
Collector within applicable laws and agreements.
15. CHARGES AND RATES
(A) Residential and Commercial Collection: For services
required to be performed under this contract for residential and
commercial collections and subsequent transportation to the
Brevard County Solid Waste Disposal station, the rates, as of
October 1, 1989, are as follows:
C
f
$ 50.00 per
.1.
Single family, duplexes and triplexes
$7.15 per unit
container
per month
2.
Mobile home units and individual
$4.83 per unit
40 cu yd
apartments or condominiums
per month
3.
Individual commercial business
$8.70 per unit
accounts with trash cans
per month
4.
Commercial dumpsters used by commercial
$21.65 per
business, apartment complexes and
containerized
condominiums
yard per month
5.
Special collection services in addition
$3.09 per
to the normally provided twice week
container
service from commercial dumpsters as
yard pickup
provided in paragraph (4) above.
(B) Roll -Off Container Service: For service required to be
performed under this contract for roll -off containers as of
October 1, 1989.
1. Container delivery
$ 50.00 per
container
2. Per Pull - 20 cu yd
$135.00 per
container
30 cu yd
$160.00 per
container
40 cu yd
$185.00 per
container
3. Actual disposal cost shall be added to the pull
charge plus 208.
4. Container rental shall not be charged for a
container pulled three (3) or more times per month. For
those pulled less than three (3) times, the rent shall not
exceed $50.00 per month.
5. Dry runs (responding to customer's request but not
being able to pull container) will be charged the same as
the delivery rate.
(C) Recycling Service: For services required to be
performed under this contract for recycling as of October 1, 1989
with residential curbside recycling, starting November 6, 1989:
1. The City and Collector will determine the number of
dwelling units receiving services. This number will become
the starting base number. Dwelling units may be added or
deleted by the City based on the City providing the specific
dwelling unit, street, and house number in writing.
Start-up may be made by phone call with written follow-up.
A new base number will be agreed upon each year at the
annual contact- date.
7
f41'
2. Each dwelling unit will be served by the Collector
as described herein for $1.75 + 1/2 recycle materials per
month. The City will pay the Collector this rate times the
dwelling unit count determined in Paragraph 15.C.1.. The
Collector will be paid by the 10th of the month following
the provided services.
3. Dwelling units may be added or deleted by the City
based on the City providing the specific dwelling unit,
street and house number in writing. Start-up may be made by
phone call with written follow-up.
4. Doorside recycling, if desired by the City, will be
accomplished at the same rate as curbside, but will be done
in large apartment- (condo) buildings when curbside is not
practical. These units will not be part of the initial
collection effort, but may be added by the City at the same
rate as 15.C.2 above. Physically handicapped presons may
request and shall receive doorside service.
5. Recycling Centers of one (1) to four (4) containers
each will be set-up and maintained by the Collector where
citizens drop off their recyclable materials. The cost of a
recycling center is one hundred and twenty-five dollars
($125.00) per month per each container, including exchanging
(to remove the recycling material) the container up to four
(4) times per month. Each additional exchange will be made
for thirty dollars ($30.00) per time. None of these are
included in the initial effort and may be added by the City
with written notice to the Collector. The container will be
replaced within seven (7) days after the Collector receives
the notice.
6. Materials will be processed and marketed by the
Collector. The processing and marketing costs (storage
containers, handling materials, and shipping) subtracted
from the total revenue paid for the materials and held by
the Collector for those services. The remaining net revenue
from the materials will be divided equally between the City
and Collector.
16. PICKUP LOCATION
Garbage shall be picked up from residential back yard
locations, or preselected permanent industrial locations a
minimum of twice weekly. Residential individual containers shall
not be placed inside fenced areas. Trash will be picked up from
curb side locations once a week at one collection point. All
items at that location on collection days will be considered
refuse and shall be picked up. Recycle bins with materials will
8
f"f'
be placed at the same curbside location. Physically handicapped
persons may request and shall receive doorside service.
17. CHANGES IN COST OF DOING BUSINESS
(A) Adjustment of Contract Price - The contract price to be
paid to the Collector during each year, beginning May 1,
1990, shall be adjusted by any change in the cost of living
determined in accordance with the formula set in subparagraph (2)
below, but not• to exceed ten percent (108 per annum on the base
year contract price).
(B) Computation of Adjustment in Contract Price - As
promptly as practicable at the end of each contract year,
beginning with the end of contract year ending September 30,
1989, during the term of this agreement, or any extension
thereof, City shall compute the new contract price, using as the
basis of such computation the "Consumer Price Index" U.S. City
Average "all items" (1967-100), hereinafter called the Index,
published by the Labor Statistics of the United States Department
of;J,abor. The Index number for the month of July, 1989 shall be
tho'"Base Index Number" and the corresponding Index number for
the month of July in the year of each anniversary of this
agreement, or any extension thereof, shall be the current Index
number.
Beginning May 1, 1990 and each year thereafter, the new
contract price shall be determined by dividing the current Index
number (CIN) by the base Index number (BIN), in accordance with
the following formula, dropping all digits after the hundredth:
The new contract price = (CIN) / (BIN) x the base year contract
price. Any portion of the change in the annual contract price
retroactively due shall be payable within five (5) days after the
computation hereunder has been made.
Appropriate adjustment shall be promptly made in case there
is a published amendment of the Index figures upon which the
computation is based. If publication of the Consumer Price Index
is discontinued, the parties hereto shall accept comparable
statistics on the cost of living as computed and published by an
agency of the United States or by a responsible financial
periodical or recognized authority then to be selected by the
parties.
(C) Increase or decrease in the standard Workman's
Compensation Insurance rate without- experience modification based
on actual payroll May 1, 1989, in the month following the change.
(D) Addition of deletion of billed refuse accounts,
including residential, business and commercial which result in
9
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the placement or removal of containers. Contract shall be
adjusted in the month following such placement or removal.
(E) In the event the Collector experiences an extraordinary
expense, he shall have the right to appear before the City
Council of Cape Canaveral and petition them for an increase in
the rates.
18. BILLING - CITY REFUSE ACCOUNTS
The City of Cape Canaveral will be responsible for all
billing and collection services associated with the City Refuse
Accounts, except in those instances where this contract provides
for the customer to negotiate special rates with the Collector
and for roll -off services; the Collector shall bill these
services directly to the customer. The Collector shall bear
primary responsibility for enforcing this contract against
competitors or any other third party. Failure of the collector
to enforce this contract against third parties will be construed
as a material breach of the contract. however, as against those
who,scavenge refuse, recyclable materials, solid waste, or
garbage, the City shall be primarily liable for their
prosecution.
19. CERTIFICATION OF CITY REFUSE ACCOUNTS
The City of Cape Canaveral shall certify to the Collector on
the last Friday of each calendar month the number and size of all
individual and industrial containers in the City. The City of
Cape Canaveral shall certify to the Collector on the last Friday
of each calendar month, the number and size of all individual and
industrial containers in services of the City.
20. PAYMENTS TO COLLECTOR
The Collector shall submit to the City by the tenth (10th)
of each month their statement for services provided during the
preceding month. The statement shall include line item billing
for refuse service, trash service, special hauls and any County
dumping fees imposed on the Collector.
21. SERVICE - NEW AND DISCONTINUED - BILLING BY THE CITY
The Collector shall commence service at any location within
the Contract area upon notice from the City.
The Collector shall discontinue collection service at any
location when set forth in a written notice sent to him by the
City. Upon written notification by the City, the Collector shall
resume service. Interim notices may be provided by telephone,
with written confirmation to follow. No charge shall be made to
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the, customer or City for the placement or removal of any
container, except roll -off containers.
22. COMPLAINTS
All complaints will be referred to and handled by the City.
Complaints received by the City and considered to be serious in
nature will be documented in writing and forwarded to the
Collector for his investigation and correction or explanation.
Collector's response to this type of complaint will be by
written reply and will be made within three (3) working days
after the complaint is received. The Collector's reply will
include specific actions taken to correct the area of concern.
All routine contacts dealing with random omission of
service, etc., will be transmitted from the City to the Collector
verbally and will be responded to by the Collector in an
expeditious manner the same day the contact is made or
immediately the following morning.
23. NOTIFICATION OF CUSTOMERS
The City may agree to annually notify all customers about
complaint procedures, rates, regulations and day(s) of collection.
'24. ROUTES AND SCHEDULES
The Collector shall provide the City with schedules of
collection routes and keep such information current at all times.
In the event of changes in routes or schedules that will alter
the day of pickup, the Collector shall so notify each customer
affected by mail or news media not less than one (1) week prior
to the change.
25. COLLECTOR'S PERSONNEL
(A) The Collector shall assign a qualified person or persons
to be in charge of its operations in the the City, and shall give
the name or names to the City. Information regarding the
experience of this person or his successor(s) shall be furnished
to the City.
(B) The Collector shall require that its collection
employees wear a clean uniform or shirt bearing the Collector's
name.
(C) The City may request the transfer or dismissal of any
employee of the Collector who violates any provision of this
contract, or who is wanton, negligent, or discourteous in the
performance of his duties, as may be determined by the City
Manager.
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26. COLLECTION SERVICES
The Collector shall be responsible for performing the
following services within the City of Cape Canaveral:
(A) Collection of all solid waste garbage placed as required
by Paragraph 16, a minimum of twice weekly.
(B) Collection of trash once a week throughout the City, as
required by Paragraph 16.
(C) Deposit all trash and refuse collected hereunder at
approved sites or facilities legally empowered to accept it as
provided by the County and State governing agencies.
(D) The Collector shall not be required to, but may, pick up
refuse on those holidays on which the County dump is closed.
(E) The employees of the Collector shall not be required to
expose themselves to the danger of being bitten by vicious
animals in order to perform their duties hereunder.
(F) The Collector shall make collections of garbage and
trash with as little disturbance as possible. Containers shall
be thoroughly emptied and left at t•he premises where they are
found.
(G) All routing and scheduling of trucks used by the
Collector for the pickup of trash and garbage from containers
shall be left to the discretion of the Collector to the end that
the -schedule of pickups shall be reasonably equally spaced during
each week and shall assure maximum efficiency of operation.
(H) The Collector will be responsible for any container
damage resulting from carelessness by his employees.
(I) Collector must supply equipment equipped with spray
system so that all industrial containers shall be sprayed on a
once a month basis with a disinfectant.
(J) Collector will collect any and all refuse and/or trash
that may be required by the City.
(K) The Collector shall operate and maintain a total solid
waste recycling program, starting with curbside pickup and
consisting of the collection, processing and brokering of
recyclable materials from residences that are presently receiving
residential garbage service. Materials to be collected include
the follow:
Newspaper: Newspaper only. No phone books, brown paper,
colored newspaper, magazine paper, etc.
Aluminum Cans: No tin cans, odd pieces of aluminum, such as
toys, chairs, etc.
Glass Jars and Bottles: No mirror, window pains,
windowshields, etc.
12
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Plastic Bottles: Milk and drink bottles only. No soap,
clorox, oil bottles or odd pieces of plastic. NO STYROFOAM.
(L) The Collector shall furnish a single bin to each home
for the purpose of storing recyclable materials in the home and
identifying the recyclable materials at the curb. The Collector
will replace, up to five (5) percent per year, bins that are
damaged. The size of the bins will be selected by the Collector
and the color (within range of availability) by the City. The
bin may have both City and Collector names on the bin.
(M) Collector shall remove only such recyclable materials,
from all single family hones and multiple residential complexes
receiving regular residential garbage collection in accordance
with the specification and restrictions of this agreement. These
materials are to be placed in the recycling bin or placed
directly beside the bin and that are placed at the normal
collection point• at the curb.
(N) From residential areas, recyclable materials shall be
collected each week on a normal garbage collection day. There
shaYl be no limit to the quantity of recyclable materials that
will be picked up from each residence.
(0) The City may inspect the recyclable materials to
ascertain that they conform to the requirements of this agreement
and to the type of bins, weight of bins, etc. The Collector will
not be required to collect materials that are in violation of
this agreement. The non -recyclable materials in the recycling
bin will be left in the bin at the residence as examples of
incorrect materials that should not be placed for collection.
27. RECYCLING PROGRAM
(A) Care, Size and Type of Bins:
(1) All recyclable material bins shall be replaced where
found. Recyclable material placed in bins shall not exceed
a weight of fifty (50) pounds, including the weight of the
bins and contents.
(2) Bins shall be kept in a sanitary condition by the
owner or person in control.
(3) The Collector, his agents and/or employees, shall
not in any way break or damage or roughly handle customer's
recyclable material bins. The Collector shall replace up to
five (5) percent of the bins each year due to loss or
breakage. One home should not be given more than one (1)
replacement each year. All bins damaged by the Collector,
shall be replaced by the Collector and not included in the
five (5) percent.
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(4) The actual size of the bins will be determined by
the Collector, but should be in the fourteen (14) gallon
range.
(II) Services to be Performed by City: City shall be
assisted by the Collector in conducting a public awareness
campaign to promote the City's recycling program. Collector,
within reason, will participate in the program and shall
cooperate in the implementation of promotional activities. All
materials and publications used by the Collector shall be
reviewedby t•he City and that used by the City referring to the
Collector shall be reviewed by the Collector.
(C) Compensation to City:
(1) The Collector will maintain accurate weight records
of each type of recycling material collected within the City.
The recyclable materials will be mixed with similar
materials collected from other recycling areas. The
materials may be held until enough volume is accumulated
and/or the offering price appears to be in the best range
under the existing condition, in the judgment of the
Collector, at which time the material will be sold. The
cost for storing, processing, and shipment will be taken out
of the revenue received for the sale of material. The
remaining money will be divided equally between the City and
the Collector. The recyclable materials may be handled
through a County processing center if and when one is
developed. The revenue from the materials would be handled
in the same manner as above.
(2) Within fifteen (15) days after the Collector
receives the revenue for the materials, a check for the
City's portion of the money will be mailed to the City.
(D) Reporting Requirements:
(1) Monthly Reports: The Collector shall submit
monthly (4 or 5 weeks) reports. This report will identify,
by week, by type of material, the amount of recyclable
materials collected from the City. It will also show the
accumulative amounts of material from the City at the
Collector's site, and the amount of the City's materials
sold that month.
(2) Material's Sales Report: Within two (2) weeks of
each materials sales, a rep will be issued to the City
showing the amount of materials from the City that was
involved in the sale, the portion of the storage, processing
and shipping cost, and the amount of money due the City. If
the cost exceeds the revenue, there will be no charge to the
14
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.City, but if the revenue exceeds the cost, the City will
receive one half (1/2) of the excess.
20. STANDARD OF PERFORMANCE
(A) It shall be considered a breach of this agreement,
if the Collector fails to collect the solid waste materials
herein specified for a period in excess of two (2) consecutive,
scheduled, working days or fails to operate t•he system in a
manner that is satisfactory to the City Manager or not in accord
with this contract. If such failure is due to war, inssurection,
riot, Act of God, or any other cause beyond the Collector's
control, then it shall not be considered a breach of this
agreement. In the event the Collector disagrees with the City
Manager's decision regarding breach, then the Collector shall
have the right to appeal the decision to the City Council at the
next regularly scheduled Workshop and Council Meeting.
(B) If the City finds it necessary to perform the
Collector's duties itself or by a third party, then the City
sha11 have the ability to deduct any and all operating expenses
from compensation to the Collector.
(C) If the Collector is unable for any cause to resume
performance at the end of thirty (30) calendar days, the City
shall be free to negotiate with other collectors for the
operation of said collection service. Such operation with
another Collector shall not release the Collector herein of its
liability to the City for such breach of the contract. In the
event that this contract is so negotiated with a new Collector or
other Collectors, third party liability of the Collector herein
shall terminate insofar as same arises from tortious conduct in
operation of the collection service.
29. BANKRUPTCY
It is agreed that if the Collector is adjudged bankrupt,
either voluntarily or involuntarily, then this contract shall
terminate effective on the day and at the time the bankruptcy
petition is filed.
30. DISPUTES
Any controversy, claim or dispute, arising out of or
relating to this contract, including questions of performance of
fees and charges, shall be handled as follows:
(A) The City Manager will attempt to resolve the dispute
with the Collector.
(B) If the City Manager cannot resolve the dispute with the
Collector within ten (10) days of first being notified of the
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dispute, or initiating the dispute, the matter shall be submitted
to t'-- City Council to be acted upon at the next regularly
scheduled City Council Meeting.
(C) If the City Council fails or is unable to settle the
dispute, then either party may pursue its available legal
remedies.
31. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance
by the Collector of any provisions hereof shall in no way affect
the right of the City thereafter to enforce same. Nor shall
waiver by the City of any breach of any provisions hereof be
taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
32. LAW TO GOVERN
This contract shall be governed by the laws of the State of
Florida both as to interpretation and performance.
4
33. COMPLIANCE WITH LAWS
The Collector shall conduct operations under this contract
in compliance with all applicable laws.
34. ILLEGAL PROVISIONS
If any provision of this contract shall be declared illegal,
void, or unenforceable, the other provisions shall not be
affected but shall remain in full force and effect.
35. PERMITS AND LICENSES
The Collector shall obtain at its own expense all permits
and licenses required by law or ordinance and maintain same in
full force and effect.
36. PERFORMANCE BOND
The Collector shall furnish to the City a Performance Bond
for the faithful performance of this contract and all obligations
arising hereunder, in the amount of forty-five thousand dollars
($45,000.00). It shall be executed by a surety company licensed
to do business in the State of Florida.
37. WORKMEN'S COMPENSATION INSURANCE
The Collector shall provide and maintain during the life of
the contract, adequate Worker's Compensation Insurance, in
accordance with the laws of the State of Florida, for all its
employees. A copy of the policy, annual audits, policy renewals
16
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must be provided to the City by the Collector, and accompanied by
a list of applicable Collector's personnel.
38. LIABILITY INSURANCE
The Collector shall provide and maintain during the life of
the contract, Public Liability and Property Damage Insurance and
Umbrella Coverage in the following amounts:
Public Liability $100,000 per person/$300,000
per accident, minimum
Property Damage $100,000 per any one claim,
minimum
Umbrella Liability $1,000.00 with a $25,000
deductible and/or base insurance
minimum
to protect itself, its agents, and its employees from claims for
damages for personal injury, including wrongful and accidental
death and property damage which may arise from operations under
the contract, whether such operations be performed by itself or
its employees. The policy or policies shall name the City as
additional insured and shall contain a clause that the insurer
will not cancel or decrease the insurance coverage, without first
giving the City thirty (30) days notice in writing.
While no minimum policy period will be required by the City,
it is expected that long-term policies will be utilized in order
to obtain lower premiums. Insurance shall include all documents
issued by all insurance companies licensed to do business in this
State. The Collector shall provide the City with copies of all
policies, audits and renewals.
39. INDEMNITY
The Collector will defend, indemnify, save harmless and
exempt the City, its officers, agents, servants and employees
I
from and against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses, and attorneys' fees
resulting From injury to persons, damage to property arising out
of work done in the performance of this contract, or any other
cause of action asserted against the City under or arising from
this contract.The City reserves the right to retain counsel of
its choice at its own expense, or, in the alternative, approve
counsel obtained by the Collector.
17
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40. ASSIGNMENT AND SUB -LETTING
No assignment of the contract or any right occurring under
this contract shall be made in whole or part by the Collector
without the express written consent of the City Council. In the
event of any assignment, the assignee shall assume the liability
of the Collector.
41. BOOKS AND RECORDS
The Collector shall keep records of all costs and expenses
incurred in performance of this contract. These records shall be
made available to the City to substantiate all contract
adjustments. An annual audit may be requested by the City and
conducted by an auditor selected by the City, at the Collector's
expense. A copy of said audit shall be furnished to the City.
42. POINT OF CONTACT
The Collector shall keep records of all costs and expenses
incurred in performance of this contract. These records shall be
mads available to the City to substantiate all contract
adjustments. An annual audit may be requested by the City and
conducted by an auditor selected by the City, at the Collector's
expense. A copy of said audit shall be furnished to the City.
43. NOTICE
A letter addressed and sent by certified United States Mail
to either party at its business address shown hereinabove shall
be sufficient- notice whenever required for any purpose in this
contract.
44. EFFECTIVE DATE
This contract shall become effective and the Collector shall
begin collection of the solid wastes as covered herein on
November 6, 1989.
45. LIQUIDATED DAMAGES
As a breach of the service by this contract would cause
serious and substantial damage to the City and its occupants, and
the nature of this contract would render it impracticable or
extremely difficult to fix the actual damage sustained by the
City by such breach, it is agreed that in case of breach of
service, the City may elect to collect liquidated damages for
each such breach and the Collector will pay to the City as
liquidated damages and not as a penalty, the amounts set forth
below, such sums being agreed as the amount which the City will
j
be damaged by the breach of such service. An election to seek
s
I
18
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such remedies shall not be construed as a waiver of any legal
remedies the City may have as to any subsequent breach of
service under this contract.
A truck beginning residential collections
prior to 7:00 A.M. $25.00 per day
Failure to collect misses within twenty- $10.00 each residen-
four (24) hours of notification to tial or commercial
Collector unit served by con-
tainer
Repetition of valid complaints on a route $ 5.00 each
after notification to replace container in
designated location, spilling, not closing
gate, crossing planted areas or similar
violations
Such liquidated damages as the City shall elect- to collect
will be deducted from the monthly payments due the Collector.
Each complaint shall be determined on the basis of a joint
inspection, if necessary, by a representative of the City, and a
representative of the Collector, and the decision of the City
Manager that any complaint is legitimate shall be final.
46. DEFAULT OF CONTRACT
Should the Collector abandon, delay unnecessarily in the
performance of, or in any manner refuse or fail to comply with
any of the terms of this contract•, or neglect or refuse to comply
with the instructions of the City relative thereto, the City
shall notify the Collector, in writing, of such abandonment,
delay, refusal, failure or neglect and direct it to comply with
all provisions of the contract. A copy of such written notice is
to be mailed to the surety on the Performance Bond and delivered
to the City.
Should the Collector fail to show cause why it has
abandoned, delayed, refused, failed or neglected to comply with
the terms of the contract, to the satisfaction of the City
Council, the City Council may, by resolution, declare a default
of the contract and notify the Collector and the surety on the
Performance Bond of such declaration of default, or the City may
take such other action as it may deem advisable.
Upon such declaration of default, all payments due the
Collector shall be retained by the City and applied to the
completion of• the contract and to damages suffered and expense
incurred by the City by reason of such default, unless the surety
on the Performance Bond shall assume the contract, in which
event, all payments remaining due the Collector at the time of
default, less amounts due the City from the Collector and less
19
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all sums due the City for damages suffered and expenses incurred
by reason of such default shall be due and payable to the surety.
Thereafter, such surety shall receive monthly payments equal to
those that would have been paid the Collector had such Collector
continued to perform the contract.
If such surety fails to exercise such option, the City may
complete the contract or any part thereof, either by day labor or
by reletting a contract for the same, and the City shall have the
right to take possession of and use any or all of the vehicles,
materials, equipment, facilities and property of every kind
provided by the Collector for the performance of this contract,
and to procure other vehicles, equipment and facilities necessary
for the completion of the same, and to charge the cost of same to
the Collector, together with the cost incident thereto.
In the event the City completes the contract at a lesser
cost than would have been payable to the Collector under such
contract if the same had been fulfilled by said Collector, then
the City shall retain such difference. Should such cost to the
City:be greater, the Collector shall be liable for and pay the
amount of such excess to the City.
ATTEST:
C y Clerk
WITNESS:
20
CITY OF CAPE CANAVERAL
M yo
WESTERN WASTE INDUSTRIES, INC.
BY jL-1J
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04
20
CITY OF CAPE CANAVERAL
M yo
WESTERN WASTE INDUSTRIES, INC.
BY jL-1J
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Hmdiot
Discussion
h=
16
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CCVFD CONTRACT FOR FIRE AND EMERGENCY MEDICAL SERVICES
DEPT./DIVISION: LEGISLATURE
Requested Action:
That the City Council review and comment on this draft contract.
Summary Explanation & Background:
The CCVFD is asking for a (10) year agreement. The contract language was updated for emergency medical
services. There is a new dispute resolution section in paragraph 19 and a hold harmless clause in paragraph 18.
With council's concurrence, this item will be placed on the 09-16-97 agenda for approval.
Exhibits Attached:
Draft contract; existing contract.
City 's Office , _
Department LEGISLATIVE
s�'
CONTRACT FOR SERVICES
THIS AGREEMENT entered into this day of September, 19 , by and between the
CITY OF CAPE CANAVERAL, Florida, (hereinafter called the "City"), and the CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation,
(hereinafter called "Corporation").
WITNESSETH:
WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate
fire protection and emergency medical services; and
WHEREAS, the electors of the City of Cape Canaveral by majority vote have directed the Mayor
and City Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire
protection services;
NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further
consideration of the payments hereinafter set forth, the parties hereto agree as follows:
1. The Corporation agrees to provide emergency fire protection and emergency medical services
within the City of Cape Canaveral, Florida.
2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into
by the City providing for emergency fire protection services outside of the municipal boundaries of the
City. The Fire Chief shall be authorized to enter into these agreements on behalf of the City.
3. The Corporation agrees to respond to any other emergency situation when ordered to do so
by the City Manager of Cape Canaveral, or his duly appointed designee.
4. The Corporation agrees to require its members to attend fire drills and training sessions in order
to achieve and maintain the degree of proficiency required by the State of Florida for volunteer
firefighters. The Corporation also agrees to undergo additional training as may be required by the City
at reasonable times and upon reasonable notice; special training shall be administrated by a State
Certified Fire Service Instructor. This expense will be in addition to the amount determined in
Paragraph 13 of this Contract, providing the City approves the special training request in advance..
5. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These
Rules and Regulations are to be in conformance with the intent of providing safe, competent,
courteous, and reliable fire protection service to the City. A copy of these rules and regulations are
available for review by the City during normal working hours.
6. The Corporation agrees to maintain attendance and training records and to allow the inspection
Page 1 of 5
or copying of such records by the City upon two working days notice to the Corporation.
7. The Corporation agrees to attempt to maintain at all times a minimum active membership of
twenty (20) trained firefighters. Trained firefighter shall mean possession of State Certification as
Volunteer Firefighters, or greater. In the event the Corporation employs full-time personnel, such
personnel shall comply with the requirements of the Florida Fire College Bureau of Training and
Standards for firefighters. The Corporation shall immediately notify the City Manager, in writing,
should said membership fall below twenty (20).
8. The Corporation shall provide the City with the level of service and all support services
incident thereto as follows:
(a) At all times there shall be two (2) trained firefighters on duty to respond to calls from the
fire station.
(b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall
have one a minimum of (1) Paramedic, and one (1) Emergency Medical Technician on duty at all times.
These personnel can also be the personnel required in paragraph 9(a).
(c) As a standard of performance, the Corporation shall respond to all emergency calls within
the City's corporate limits within three (3) minutes after a call has been dispatched.
(d) The Corporation shall provide to the City Manager a written quarterly activity report. In
addition, the Corporation shall provide to the City Manager such other information as the City
Council, from time to time, may request, as specified in the Contract.
(e) The Corporation shall provide the services of a Fire Safety Inspector. The Fire Safety
Inspector shall perform those services on behalf of the City as are set forth in Section 633.052 (1) (a)
of the Florida State Statutes, and the City Code of Ordinances.
9. The City shall provide fire fighting equipment to the Corporation which shall be used within
the corporate limits of Cape Canaveral, or in mutual aid, or in such other geographical area as
determined by the senior officer on duty. The Corporation shall have the authority over the day to
day use of said equipment in carrying out its duties under this Agreement. Routine maintenance of
said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any
repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the City.
10. All personnel used by the Corporation in the performance of this Agreement shall be members
or employees of the Cape Canaveral Volunteer Fire Department, Inc.
11. The Corporation agrees to obtain Public Liability, Casualty and Property Damage Insurance,
insuring the Corporation and the City against any and all claims, demands, and causes of action for
Page 2of5
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or copying of such records by the City upon two working days notice to the Corporation.
7. The Corporation agrees to attempt to maintain at all times a minimum active membership of
twenty (20) trained firefighters. Trained firefighter shall mean possession of State Certification as
Volunteer Firefighters, or greater. In the event the Corporation employs full-time personnel, such
personnel shall comply with the requirements of the Florida Fire College Bureau of Training and
Standards for firefighters. The Corporation shall immediately notify the City Manager, in writing,
should said membership fall below twenty (20).
8. The Corporation shall provide the City with the level of service and all support services
incident thereto as follows:
(a) At all times there shall be two (2) trained firefighters on duty to respond to calls from the
fire station.
(b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall
have one a minimum of (1) Paramedic, and one (1) Emergency Medical Technician on duty at all times.
These personnel can also be the personnel required in paragraph 9(a).
(c) As a standard of performance, the Corporation shall respond to all emergency calls within
the City's corporate limits within three (3) minutes after a call has been dispatched.
(d) The Corporation shall provide to the City Manager a written quarterly activity report. In
addition, the Corporation shall provide to the City Manager such other information as the City
Council, from time to time, may request, as specified in the Contract.
(e) The Corporation shall provide the services of a Fire Safety Inspector. The Fire Safety
Inspector shall perform those services on behalf of the City as are set forth in Section 633.052 (1) (a)
of the Florida State Statutes, and the City Code of Ordinances.
9. The City shall provide fire fighting equipment to the Corporation which shall be used within
the corporate limits of Cape Canaveral, or in mutual aid, or in such other geographical area as
determined by the senior officer on duty. The Corporation shall have the authority over the day to
day use of said equipment in carrying out its duties under this Agreement. Routine maintenance of
said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any
repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the City.
10. All personnel used by the Corporation in the performance of this Agreement shall be members
or employees of the Cape Canaveral Volunteer Fire Department, Inc.
11. The Corporation agrees to obtain Public Liability, Casualty and Property Damage Insurance,
insuring the Corporation and the City against any and all claims, demands, and causes of action for
Page 2of5
bodily injury or property damage relating to the performance of any duty or obligation herein set
forth, including acts or omissions of the Corporation's Paramedic and Emergency Medical Technician
personnel. The limits of said policies shall be in the amount of $1,000,000.00. The Corporation also
agrees to provide Worker's Compensation coverage for the volunteer firefighters so long as they are
acting within the scope of their duties; and fire, storm, and property damage insurance on the Fire
Station owned by the Corporation. The City shall pay the Corporation, in addition to the other sums
payable under this contract, one-half (1/z) of the cost to the Corporation of the above described
insurance. The Corporation will provide the City with copies of the certificates of insurance indicating
that the City is an additional insured thereunder.
12. The City agrees that in return for services specified herein, it will pay the Corporation the base
annual contract price of $313,250. The compensation provided for herein shall be paid monthly in the
sum of $26,104.16 per month commencing on the first day of October, 1997, and continuing on the
first day of each month thereafter. The base contract price for each successive year of this Contract
shall be renegotiated by the parties annually. The City further agrees that in the event of a catastrophic
event, additional funding shall be provided by the City for vehicles, equipment, and supplies, less any
disaster relief funding provided by another agency.
13. The City agrees to make an annual payment of one half (1/z) of the total cost to the
Corporation for the Volunteer Length of Service Award Program.
14. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first
day of October 1997, and ending on the thirtieth day of September, 2007.
15. This Agreement may be terminated, or any terms thereof modified, altered, or amended at any
time by mutual agreement of the parties hereto.
16. In the event the active membership of the Corporation falls below twenty (20) trained
firefighters, the payment to the Corporation shall be reduced by $100.00 per month per firefighter less
than twenty (20) .
17. In the event active membership falls below fifteen (15) members, either party shall have the
right to terminate this agreement upon thirty (30) days written notice to the other party.
18. In the event either party defaults in the performance of any obligations under this Contract,
and said default continues for a period of thirty (30) days after written notice of such default, this
Contract may be canceled at the option of the other party. No delay in enforcing any right hereunder
shall be deemed a waiver of any rights the non -defaulting party may have in these premises.
19. The City and the Corporation each indemnify and will hold the other whole and harmless from
Page 3of5
any and all manner of action and actions, cause and causes of action, suits, trespasses, judgements,
executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever,
including reasonable attorney's fees and court costs which may be claimed by any third party to have
resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of
the other, whether occurring before or after the City and Corporation assumed the obligations of this
agreement.
19. During the duration of this agreement, all disputes or disagreements between the parties relative
to either party's performance under the terms of this agreement, will be presented specifically , in
writing, by the party claiming the dispute. Thereafter, the responding party will answer specifically
in writing within thirty (30) days to the claimant. Within fifteen (15) days thereafter, the parties will
be at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and
issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration. The parties
will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an
arbitrator will be selected by the Court pursuant to Florida State Statute 682.
20. Notice or other writing required or permitted under this Agreement shall be given to the
Corporation, attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida,
32920; and to the City, attention City Manager at 105 Polk Avenue, Post Office Box 326, Cape
Canaveral, Florida, 32920.
21. In the event that the voters of the City, by referendum election, choose to dispense with the
services of the Cape Canaveral Volunteer Fire Department, Inc., other provisions of this Contract not
withstanding, this Contract and all its provisions shall become immediately null and void, and there
shall be no further liability or expense incurred by the Cape Canaveral Volunteer Fire Department, Inc.
for providing fire protection services and emergency medical services. Should this occur, the City
agrees to give preference to the hiring of the paid employees of the Corporation with the new provider
of services, with the exception of the Fire Chief.
Page 4of5
DRAFT
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, FLORIDA, by its
duly authorized officers, has executed this instrument this day of September 19_
CITY OF CAPE CANAVERAL, FLORIDA
A municipal corporation
By:
ATTEST:
Sandra Sims, City Clerk
(CORPORATE SEAL)
John K. Porter, Mayor
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has executed this
instrument this day of September 19
ATTEST:
Troy C. Fell, Secretary
(CORPORATE SEAL)
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit corporation.
By:
David J. Sargeant, President
Page 5 of 5
CONTRACT FOR SERVICES
THIS AGREEMENT entered into this )3.,.:&r-4 day of September,
1992, by and between the CITY OF CAPE CANAVERAL, Florida,
hereinafter called the City, and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit Florida corporation,
hereinafter called Corporation.
W I T N E S S E T H•
WHEREAS, the City of Cape Canaveral holds a responsibility
to its citizens to provide adequate fire protection; and
WHEREAS, the electors of the City of Cape Canaveral by
majority vote have directed the Mayor and City Council to utilize
the Cape Canaveral Volunteer Fire Department, Inc. to provide
fire protection services;
NOW, THEREFORE, in consideration of the agreement
hereinafter set forth and in further consideration of the
payments hereinafter set forth, the parties hereto agree as
follows:
1. The Corporation agrees to provide adequate emergency
fire protection services within the City of Cape Canaveral,
Florida.
2. The Corporation agrees to comply with any mutual aid
pact or similar agreement entered into by the City providing for
emergency fire protection services outside of the municipal
boundaries of the City.
1
3. The Corporation agrees to respond to any other
emergency situation when ordered to do so by the City Manager of
Cape Canaveral, or his duly appointed designee.
4. The Corporation agrees to comply with all orders of the
Fire Chief of Cape Canaveral relating to the providing of the
services referred to herein.
5. The Corporation agrees to require its members to attend
fire drills and training sessions in order to achieve and
maintain the degree of proficiency required by the State of
Florida for volunteer fire fighters. The Corporation also agrees
to undergo additional reasonable training as may be required by
the City at reasonable times and upon reasonable notice; special
training shall be administered by a State certified fire service
instructor. The City agrees to bear the expense for any special
training, this expense to be in addition to the amount determined
in Paragraph 13 of this Contract.
6. The Corporation agrees to establish Rules and
Regulations for personnel and equipment. These Rules and
Regulations are to be in conformance with the intent of providing
safe, competent, courteous, and reliable fire protection service
to the City. A copy of these rules and regulations is to be
attached to this Contract and made a part hereof.
7. The Corporation agrees to maintain attendance and
training records and to allow the inspection or copying of such
records by the City upon two working days notice to the
Corporation.
2
8. The Corporation agrees to attempt to maintain at all
times a minimum active membership of twenty (20) trained fire
fighters. Trained fire fighter shall mean possession of State
Certification as a volunteer fire fighter. The Corporation shall
have ninety (90) days from the date hereof to obtain State
Certification for at least fifteen (15) active members. In the
event the Corporation shall employ full-time personnel, such
personnel shall comply with the requirements of the Florida Fire
College Bureau of Training and Standards for fire fighters. The
Corporation shall immediately notify the City Manager, in
writing, should said membership fall below twenty (20). In the
event active membership falls below fifteen (15) members, either
party shall have the right to terminate this Agreement upon
thirty (30) days written notice to the other party.
9. The Corporation shall provide the City with the
specified level of service and all support services incident
thereto:
(a) At all times there shall be two trained fire
fighters on duty to respond to calls from the fire station.
(b) The Corporation agrees to provide the City
Advanced Life Support Services. The Corporation shall have one
(1) Emergency Medical Technician and one (1) Paramedic on duty at
all times.
(c) As a standard of performance, fire fighters shall
respond to ninety-five percent (95%) of all calls within the
City's corporate limits within three (3) minutes after a call has
been dispatched.
(d) The Corporation shall provide to the City Manager
a report of activity for each month. In addition, the
Corporation shall provide to the City Manager such other
information as the City Council, from time to time, may request,
as specified in the Contract.
10. The City shall provide fire fighting equipment to the
Corporation which shall be used within the corporate city limits
of Cape Canaveral, or in mutual aid, or in such other
geographical area as determined by the senior officer on duty.
The Corporation shall have authority over the day to day use of
said equipment in carrying out its duties under this Agreement.
Routine maintenance of said equipment shall be the responsibility
of the Corporation. Major repairs, defined herein as any repair
exceeding five hundred dollars ($500.00) per occurrence, shall be
the responsibility of the City.
11. All personnel used by the Corporation in the
performance of this Agreement shall be members of the Cape
Canaveral Volunteer Fire Department, Inc.
12. The Corporation agrees to obtain policies of insurance
generally known as public liability policies, insuring the
Corporation and the City against any and all claims, demands and
causes of action for bodily injury or property damage relating to
the performance of any duty or obligation herein set forth,
including acts or omissions of the Corporation's Emergency
Medical Technician and Paramedic personnel. The limits of said
4
policies shall be in an amount deemed adequate by the City. The
Corporation also agrees to provide Worker's Compensation coverage
for the volunteer firemen so long as they are acting within the
scope of their duties; and fire, storm, and property damage
insurance on the Fire Station owned by the Corporation. The City
shall pay the Corporation, in addition to the other sums payable
under this contract, one-half (1/2) of the cost to the
Corporation of the above described insurance. The Corporation
will provide the City with copies of the certificates of
insurance.
13. The City agrees that in return for services specified
herein, it will pay the Corporation the base contract price of
$175,400.00 annually. The compensation provided for herein shall
be paid monthly in the sum of $14,616.67 per month commencing on
the first day of October, 1992, and continuing on the first day
of each month thereafter. The base contract price for each
successive year of this Contract shall be renegotiated by the
parties annually.
14. In the event the active membership of the Corporation
falls below fifteen (15) trained fire fighters, the payment to
the Corporation shall be reduced by $100.00 per month per fire
fighter less than fifteen (15).
15. The terms of this Agreement shall be for a period of
five (5) years, commencing on the first day of October, 1992, and
ending on the thirtieth day of September, 1997.
5
16. This Agreement may be terminated, or any terms thereof
modified, altered, or amended at any time by mutual agreement of
the parties hereto.
17. In the event either party defaults in the performance
of any obligations under this Contract, and said default
continues for a period of thirty (30) days after written notice
of such default, this Contract may be cancelled at the option of
the other party. No delay in enforcing any right hereunder shall
be deemed a waiver of any rights the non -defaulting party may
have in these premises.
18. Notice or other writings required or permitted under
this Agreement shall be given to the Corporation at 190 Jackson
Avenue, Cape Canaveral, Florida 32920; and to the City at 105
Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920.
19. In the event that the voters of the City, by referendum
election, choose to dispense with the services of the Cape
Canaveral Volunteer Fire Department, Inc., other provisions of
this Contract notwithstanding, this Contract and all its
provisions shall become immediately null and void, and there
shall be no further liability or expense incurred by the Cape
Canaveral Volunteer Fire Department, Inc. for providing fire
protection services or emergency medical services.
C
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL,
FLORIDA, by its duly authorized officers, has executed this
instrument this day of September, 1992.
CITY OF CAPE CANAVERAL, FLORIDA,
a municipal corporation
yo
ATTEST:
4 -
City Clerk
(CORPORATE SEAL)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit corporation, by its
authorized officers, has executed this instrument this day
of September, 1992.
ATTEST:
Secret ry
(CORPORATE SEAL)
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit
corporation
By:
Presid nt
7
I
OFFICIAL RECORD
ADDENDUM DO NOT REMOVE
THIS ADDENDUM is entered into this 2 day of September,
1993 by and between THE CITY OF CAPE CANAVERAL, FLORIDA,
hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit Florida corporation,
hereinafter called the "Corporation".
WITNESSETH
WHEREAS, the City and the Corporation have entered into that
certain Contract for Services dated September 23, 1992
("Contract"), which Contract is for a term of five (5) years; and
WHEREAS, said Contract requires the City and the Corporation
to re-negotiate the base contract price for each year of the
Contract after the first year; ad
WHEREAS, the parties have agreed to a revised Contract price
for the period October 1, 1993 through September 30, 1994; and
WHEREAS, the City desires that the Corporation undertake to
provide the services of the Fire Inspector for the City.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
1. Recitals. The parties agree that the above recitals are
true and correct and incorporated into the body of this Agreement
by this reference.
2. Additional Services. Paragraph 9. of the Contract is
amended to provide the following new subparagraph (e):
"(e)" The Corporation shall provide the services of a
Firesafety Inspector. The Firesafety Inspector shall
perform those services on behalf of the City as are set
forth in Sec. 633.052(1)(a), Fla. Stat.
3. Price Revision. Paragraph 13 of the Contract is amended
to read as follows:
"The city agrees that in return for services specified
herein, it will pay the Corporation the base contract price of
$175,000.00 for the period October 1, 1992 through September 30,
1993. Said compensation shall be paid monthly in the sum of
$14,616.00 per month commencing on the first day of October, 1992
and continuing on the first day of each month thereafter until
September 1, 1993. The base contract price for the period October
1, 1993 through September 30, 1994 shall be $194,150.00 payable in
equal monthly installments of $16,179.19 commencing on the first
day of October, 1993 and continuing on the like day of each month
until September 1, 1994. The base contract price for each
successive year of this Contract shall be re -negotiated by the
parties annually."
4. Continuing Effect. Except as modified by this Addendum,
the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, by
its duly authorized officers, has executed this instrument this
7th day of September, 1993.
CITY OF CAPE CANAVERAL, FLORIDA,
a municipal corporation
I
By:
J� C Salamone, Mayor
Attest:
Faith G. Miller, City Clerk
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized
officers, has executed this instrument this ? k day of
September, 1993.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit
corporation
By:
(, -�M_
reside
Attest:
Secretary
(Corporate Seal;
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Discussion
Item
17
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCEL OF THE CITY OF CAPE CANAVERAL
SUBJECT: 1997/98 LAW ENFORCEMENT CONTRACT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review and comment on this draft contract for law enforcement services.
Summary Explanation & Background:
This is a (4) year agreement with the option of (2) additional years. The personnel is listed in Appendix "A".
The contract price is $1,125,564 for operations and $59,926 for capital equipment.
Please advise.
Exhibits Attached:
Proposed contract; Existing contract
City ffice ;..
Department LEGISLATIVE
Q:�m�owmc�i�mxiwgM»a�o-yivaw.Foc �i � v�
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Discussion
Item
17
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCEL OF THE CITY OF CAPE CANAVERAL
SUBJECT: 1997/98 LAW ENFORCEMENT CONTRACT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review and comment on this draft contract for law enforcement services.
Summary Explanation & Background:
This is a (4) year agreement with the option of (2) additional years. The personnel is listed in Appendix "A".
The contract price is $1,125,564 for operations and $59,926 for capital equipment.
Please advise.
Exhibits Attached:
Proposed contract; Existing contract
City ffice ;..
Department LEGISLATIVE
Q:�m�owmc�i�mxiwgM»a�o-yivaw.Foc �i � v�
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT dated this day of '1997, by and between,
Philip B. Williams, as Sheriff of Brevard County, hereinafter referred to as "Sheriff', and the City
of Cape Canaveral, Florida, a municipal corporation, hereinafter referred to as "City".
WITNESSETH,
WHEREAS, the City wishes to purchase municipal law enforcement services for that area of land
within its municipal boundaries; and
WHEREAS, the Sheriff is desirous of performing those services;
NOW, THEREFORE, for good and valuable consideration, it is mutually agreed as follows:
1. PURPOSE
The Purpose of this agreement shall be to provide the citizens of City with police services by
Sheriff. The Sheriff shall at all times endeavor to provide the citizens of City with the service
similar to that which they would enjoy with a Municipal Police Department.
2. PERFORMANCE OF CONTRACT
The Sheriff will perform this contract as empowered and limited by the Constitution and Laws
of the State of Florida, which grant powers and duties of the Sheriff as chief executive and law
enforcement officer of Brevard County, the Charter of the City, and the transfer of the City's
police power by reason of this agreement.
a. As a standard of performance, Sheriff s deputy shall respond to all calls within the City's
corporate limits within three (3) minutes after a call has been dispatched and the deputy is
available. This response time may be extended during periods of mutual aid service with
other entities.
3. SCOPE OF SERVICES
The Sheriff shall provide City with the following specified service and all support services
incident thereto:
a. provide 24 hour law enforcement services to the City and enforce all laws for which the
Sheriff has jurisdiction to enforce.
b. All personnel shall be as listed in the approved Personnel Allocation listed at Appendix A
to this contract.
c. There shall be a minimum of two cars and two deputies on patrol within the corporate
limits at all times in accordance with accepted law enforcement practices. During any
exception to the foregoing because of illness, emergency, or any other reason, patrol
services may be augmented by mutual aid service. Patrol shall be construed to mean the
actual patrolling of the City's streets or investigation or attending to an observed or
reported incident or availability to provide law enforcement services within the response
time set forth in paragraph two hereinabove.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1997-1998
page 2 go
d. A law enforcement officer shall be present at Council meetings when so requested by any
member of the City Council or by the City Manager.
4. PERSONNEL
All personnel used by the Sheriff in the performance of such services, functions and
responsibilities as described and contemplated herein for the City, shall be and remain, Sheriff
employees or deputies, and no one of such persons shall be considered in the employ of the
City for the purpose of pension benefits, compensation, or any status or right. All deputies
shall be fully certified as required by both the State of Florida and the Sheriff s Office.
Deputies assigned to Cape Canaveral will remain assigned to duty in Cape Canaveral unless
they leave the employment of the Sheriff, or unless reassigned by the Sheriff after notification
to the City Manager. The parties recognize that the final decision concerning the assignment
of personnel is the responsibility of the Sheriff. The parties agree that the Sheriff has the final
decision on determining the rank structure implemented for personnel assigned to Cape
Canaveral. The Sheriff further agrees there will not be more than two deputy(ies) assigned to
Cape Canaveral at a time with less than one year of experience as a law enforcement officer.
However, in the event the City considers any of the personnel assigned under this contract to
be contrary to the best interest of the City, the Sheriff agrees to reassign that (those)
person(s), after reasonable notice and a replacement will be provided within a reasonable time
thereafter.
S. PAYMENT
For the first year of this contract, the City shall pay to the Sheriff, the sum of $1,125,564 for
operations and $59,926 for capital equipment for his performance hereunder. The contract
price for the second year of this contract will be set based upon the mutually agreeable
contract price established by the budget approved by the City. Sheriff shall separately account
for all services rendered by him hereunder and, to the extent, that Sheriff s cost of
performance is less than the contract price for any given year, city shall receive a rebate to the
extent of such surplus. Payments shall be made in twelve monthly installments payable on or
before the fifth day of each month, beginning October 1, 1997.
The contract price stated hereinabove includes a portion of Sheriff s indirect overhead, to
cover costs such as dispatch services and other services provided by Sheriff in support of
Cape Canaveral. City's pro rata share of such indirect overhead expenses is currently
$114,655.00, annually. To provide City with price stability, in the first year of this contract,
Sheriff agrees to utilize funds previously paid by the City for Communication services thereby
absorbing the additional indirect overhead costs attributable to City over and above the
$70,000.00 contribution previously made by the City. In year two of this contract, City
agrees that it will pay $70,000.00, plus one-half (1/2 of the difference by applying
methodology described in Appendix "B"), but in no event will the cost charged to City for
indirect overhead costs exceed ten percent (10%) of the total, annual contract price.
i
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1997-1998
Should the City desire that the Sheriff provide services at a higher level than that
contemplated herein, the City Manager shall have the authority to negotiate with the Sheri'
regarding modification of the Agreement and shall bring such modification to the City Couthcil
for appropriate action. Any request for modification of service levels shall be accomplished by
written request to the Sheriff, and if necessary, amendment to the contract price then in effect.
6. TERM OF AGREEMENT
This Agreement shall take effect on the la` day of October 1997, and shall continue in effect
for a term of four (4) years. The City shall have the option to renew this Agreement for two
(2) additional years, upon notification by the City to the Sheriff in writing of its election to do
so, which notification must be postmarked no later than April 1", 2001. If City elects to
exercise this option, the contract price shall be negotiated and mutually agreeable. Should a
mutually approved contract price not be finalized on or before June 30, 2001, the City or
Sheriff may terminate the cities option by notifying the other party in writing that services
provided for through this Agreement will not be continued beyond the term of this
Agreement; to wit: September 30, 2001. If such notice is not made by either party prior to
August 15, 2001, this Agreement will be automatically renewed for one additional year under
the terms and conditions contained herein.
7. CONTRACT YEAR
Should a mutually agreeable contract price not be approved before the beginning of a new
contract year, (October 1) the contract price to commence the new contract year will be equal
to the total monthly cost of personnel services and operating expenditures for the concluding
contract year, and, will continue until such time a new budget is approved by both parties.
Both parties Iree that when a new contract year budget has not been mutually agreed to by
September 30 of the expiring contract year, within ninety (90) days after the expiration of the
contract year the financial terms for the then current contract year will be finalized and
executed by both parties.
Should the new financial terms not be agreed to by both parties within (90) days, either party
may choose to arbitrate the financial terms of this Agreement under Section 16 of this
Agreement, or, may terminate the Agreement under Section 21 of this Agreement
8. DATA
The Sheriff shall provide to the City Manager the quarterly activity reports for each month. In
addition, the Sheriff shall provide to the City Manager such other information as he, from time
to time, may reasonably request.
The City may retain at its expense an independent audit firm to conduct a compliance review
and/or audit of said contract.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1997-1998
9. FACILITIES
The city shall provide facilities for use by Sheriff in performing this contract. In the facilities
provided by the City for use by the Sheriff, the City hereby agrees to provide for all routine
maintenance, repairs and replacement of existing facilities, and shall provide janitorial services
and, pay all charges for utilities, telephone and other services required for the operation of the
facilities.
The facilities shall be used for the sole purpose of providing the services as defined in this
Contract. Any other use of these facilities shall be negotiated as to cost and extent.
10. EQUIPMENT
All equipment purchased by the Sheriff, for use in performance of this agreement, which
purchases are funded with monies from this contract shall remain in the exclusive possession
of the Sheriff until the contract terminates. Ownership, of such equipment shall remain with
the City at all times and possession shall be surrendered to City upon termination hereof. All
equipment leased to the City shall remain the property of the Sheriff, upon termination hereof
The Sheriff shall maintain an inventory of equipment, continually updated, and shall, upon
request, provide written inventory reports to the City Manager.
11. FINES, FORFEITURES AND FEES
All fines, forfeitures and fees collected by the County Court on cases made by law
enforcement officers within the City limits, will continue to be returned to the City in
accordance with the existing law of Florida, with the exception that two dollars ($2.00) which
has been earmarked for the law enforcement education pursuant to Florida State Chapter
943.25(13), shall continue to go to the Sheriff's Law Enforcement Education Fund. Monies
or property taken in contraband forfeiture seizures within the City of Cape Canaveral, shall be
forfeited to the use of, or to be sold by, the Sheriff, unless the Sheriff in his discretion decides
otherwise, or unless the seizure was solely carried out by deputies assigned to Cape
Canaveral, in which case such forfeited property or money shall belong to City.
Sheriff shall apply to the Court to recover investigative fees upon successful prosecution of
active cases.
12. RULES AND REGULATIONS
The Sheriff will have sole authority to promulgate rules and regulations for the operation of
the law enforcement officers and functions within the City.
4
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1997-1998
13. CONTRACT PURCHASES
The Sheriff will have sole power to determine and to contract for or purchase services,
equipment, supplies, facilities, and other property for law enforcement needs within the City,
provided Sheriff can do so with funds allocated to him pursuant to this agreement.
14. FEDERAL OR STATE AID
The City will determine when to apply for, with assistance and cooperation from the Sheriff,
federal or state grants, aids, loans, assistance or other acquisition for law enforcement needs
within the City.
15. INSURANCE
Sheriff agrees to provide law enforcement officer's professional liability insurance coverage
for bodily injury and property damage caused by an occurrence arising out of the scope and
performance of duties by law enforcement officers and support personnel covered by this
agreement. The Sheriff will provide automobile liability insurance for bodily injury and
property damage for vehicles used by the SherifTs Office under the terms and conditions of
this agreement.
Alternatively, the Sheriff at his election, may become part of a recognized self-insurance
program with other law enforcement units to provide such protection. Costs of such
protection described above will be part of the funds provided by the City.
Sheriff will provide, or will reimburse the City for reasonable and ordinary premiums paid, for
coverage in an amount not greater than fair market value of covered property, for fire, theft
and comprehensive insurance coverage for all books, furniture, equipment, supplies and other
tangible property owned by the City and used by the Sheriff in performing this agreement, and
the City assumes all risk of loss not covered by insurance.
The City will provide for its own fire, storm, flood, and property damage and public liability
insurance for bodily injury and property damage, for the facilities furnished by City to Sheriff,
and shall name the Sheriff as an additional insured, at no cost to the Sheriff. Each, Sheriff and
City, will upon request, provide the other with a copy of each insuring agreement mentioned
in Paragraph 15.
16 DISPUTES OR DISAGREEMENTS
During the duration of this agreement, all disputes or disagreements between the parties
relative to either party's performance under the terms of this agreement, will be presented
specifically, in writing, by the party claiming dispute. Thereafter, the responding party will
answer specifically in writing within thirty (3 0) days to the claimant. Within fifteen (15) days
thereafter, the parties will meet at a mutually agreeable time and place to either settle the
dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall
I � >
City of Cape Canaveral page 61W
Law Enforcement Contract
Fiscal Year 1997-1998
submit the issues to binding arbitration. The parties will choose a retired circuit judge as
arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by
the court pursuant to Florida Statute 682.
17. HOLD HARMLESS CLA USE
The City and Sheriff each indemnify and will hold the other whole and harmless from any and
all manner of action and actions, cause and causes of action, suits, trespasses, judgments,
executions, claims and demands and losses and damages, costs and expenses of any kind
whatsoever, including reasonable attorney's fees and court cost which may be claimed by any
third party to have resulted from or arise out of the intentional or negligent acts of the
employees, officers or agents of the other, whether occurring before or after the City and
Sheriff assumed the obligations of this Agreement.
18. NOTICE
Notice or other writings required or permitted under this agreement shall be given to the
Sheriff at 700 Park Avenue, Titusville, Florida 32780; and to the City at 105 Polk Avenue,
Post Office Box 326, Cape Canaveral, Florida 32920.
19. MODIFICATIONS
This agreement shall be subject to modifications at any time upon written mutual consent of
the parties hereto.
20. MARKINGS
The City shall have the right to mark the Sheriff's cars used in Cape Canaveral with a specific
Cape Canaveral designation provided that the markings are not contrary to any Statute or
Regulation for marking Sheriff Department vehicles.
21. TERMINATION
Either party may terminate this Agreement without cause or further liability to the other, upon
written notice to the other party, said written notice to be given not less than 180 days prior to
the requested termination date, said notice to be deemed delivered when a copy is delivered to
the other parties and a receipt therefor signed by the other party. Upon any such termination
all further obligations shall cease, except for those related to payment for services rendered
prior to the effective date of such termination.
22. LEGALITY OF AGREEMENT
Any obligations created by this agreement which are hereafter determined by court of
competent jurisdiction to be illegal are void, and neither party will be obligated to further
G
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1997-1998
perform as to such obligations. If a non -material portion of the total obligation of this
contract is hereby severed, the balance of the lawful portions hereof will continue to be
performed.
23. TOTALITY OF AGREEMENT
There are no other agreements, written or oral, between the parties, and there are no
conditions precedent to performance, oral or written, agreed to by the parties.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and
year first written above.
Attest: SHERIFF OF BREVARD COUNTY, FLORIDA
Attest: CITY OF CAPE CANAVERAL, FLORIDA
Mayor, John K. Porter
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT dated this 17th day of September, 1996, by and
between the Sheriff of Brevard County, hereinafter referred to as
"Sheriff", and the City of Cape Canaveral, Florida, a municipal
corporation, hereinafter referred to as "City".
WITNESSETH,
WHEREAS, the City wishes to purchase municipal law enforcement
services for that area of land within its municipal boundaries; and
WHEREAS, the Sheriff is desirous of performing those services;
NOW, THEREFORE, for good and valuable consideration, it is
mutually agreed as follows:
1. PURPOSE
The Purpose of this agreement shall be to provide the
citizens of the City with police services by the Sheriff's
Office. The Sheriff shall at all times endeavor to provide
the citizens of the City with the service similar to that
which they would enjoy with a Municipal Police Department.
It is expressly acknowledged that all services provided
by the Sheriff under this contract are completely paid for by
the consideration given by the City under the terms of this
contract and are completely separate and over and above any
and all ad valorem tax dollars or any other revenues paid by
or received on behalf of the citizens of the City to Brevard
County.
1 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
It is expressly understood that at the end of three
months from the effective date of this contract, the City may
review the status of the working relationship between the
Sheriff and the City, and the City shall ascertain if the
service is satisfactory. If the service is unsatisfactory,
the City shall determine if the Sheriff can correct the
problems. If these problems cannot be resolved to the City's
satisfaction, then the City shall commence to determine the
feasibility of providing its own police service and a time-
table to implement its own police service. The Sheriff shall
cooperate to the fullest extent possible to provide the
necessary data.
However, this is not to be construed to relieve the
Sheriff of the obligation to provide normal services of the
Department as provided to the rest of Brevard County, nor is
the City to be charged extra for these normal services.
2. PERFORMANCE OF CONTRACT
The Sheriff will perform this contract as empowered and
limited by the Constitution and Laws of the State of Florida,
which grant powers and duties of the Sheriff as chief
executive and law enforcement officer of Brevard County, the
Charter of the City, and the transfer of the City's police
power by reason of this agreement.
2 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
As a standard of performance, Sheriff's deputy shall
respond to all calls within the City's corporate limits within
three (3) minutes after a call has been dispatched and the
deputy is available. This response time may be extended
during periods of mutual aid service with other entities.
3. SERVICE LEVEL
The Sheriff shall provide the City with the specified
level of service and all support services incident thereto:
a. There shall be two cars and two deputies on
patrol within the corporate limits at all
times in accordance with accepted law
enforcement practices. During any exception
to the foregoing because of illness,
emergency, or any other reason, patrol
services may be augmented by mutual aid
service. Patrol shall be construed to mean
the actual patrolling of the City's streets or
investigation or attending to an observed or
reported incident.
b. There shall be one and one-half (1.5) full
time equivalent (F.T.E.) desk/records clerk.
3 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
C. There shall be two full time agents to
investigate crimes within the City's corporate
limits.
d. A law enforcement officer shall be present at
Council meetings when so requested by any
member of the City Council or by the City
Manager.
e. There shall be an additional deputy to serve
an eight (8) hour night shift in the evenings,
five nights a week. During any exception to
the foregoing because of illness, emergency,
or any other reason, patrol services may be
augmented by mutual aid service. Two of those
five nights shall be weekend nights. Holidays
shall also be covered. The particular hours
shall be determined by the City Manager and
the Sheriff's Supervisor for the Cape
Canaveral deputies, based upon the advice and
recommendations of the City Council and the
Sheriff.
f. There shall be one additional deputy to be
assigned duties as determined by the Sheriff
4 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
with input and recommendations from the City
Manager.
g. There shall be an officer with a classified
rank of at least lieutenant to serve as the
Sheriff's Manager for the Cape Canaveral
deputies and one classified sergeant to serve
as an immediate "line" supervisor for the Cape
Canaveral deputies.
h. The City of Cape Canaveral's level -of -service
shall be seventeen (17) deputies, one and one-
half (1.5) full-time equivalent desk/records
clerks.
4. PERSONNEL
All personnel used by the Sheriff in the performance of
such services, functions and responsibilities as described and
contemplated herein for the City, shall be and remain, Sheriff
employees or deputies, and no one of such persons shall be
considered in the employ of the City for the purpose of
pension benefits, compensation, or any status or right. All
deputies shall be fully certified as required by both the
State of Florida and the Sheriff's Office. Deputies assigned
to Cape Canaveral will remain assigned to duty in Cape
Canaveral unless they leave the employment of the Sheriff, or
unless reassigned by the Sheriff after notification to the
5 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
City Manager. The parties recognize that the final decision
concerning the assignment of personnel is the responsibility
of the Sheriff. The Sheriff further agrees there will not be
more than one (1) deputy -assigned to Cape Canaveral at a time
with less than one year of law enforcement service.
However, in the event the City considers any of the
personnel assigned under this contract to be contrary to the
best interest of the City, the Sheriff agrees to reassign that
(those) person(s)
5. PAYMENT
The City shall pay to the Sheriff, the sum of
$1,105,688.00 for services provided during the term of this
agreement. Any surplus monies remaining from the previous
fiscal year's contract shall be applied towards the price of
the contract, and specifically will reduce the third
installment payment due December 1, 1996. Payments shall be
made in twelve monthly installments payable on or before the
fifth day of each month, beginning October 1, 1996.
6. TERMS OF AGREEMENT
This agreement shall commence on October 1, 1996, and
shall terminate on September 30, 1997, without further notice.
This agreement may be renewed for additional one year periods
by written agreement of the parties.
6 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
7. DATA
The Sheriff shall provide to the City Manager quarterly
activity reports. In addition, the Sheriff shall provide to
the City Manager such other information as he, from time to
time, may request.
When and if further participation from the Sheriff's
staff is required by the City beyond the scope of the external
County Auditor's Annual Audit Reports, an additional actual
cost shall be negotiated that would be charged to the City for
the collection of information to allow for the following
procedures to be performed:
a. Review the contract for police protection
services, dated September 25, 1995 to
determine compliance issues.
b. Review time and attendance records of the
Sheriff's employees providing the police
services and compare it to the service level
provided in the contract.
C. Review the internal control structure of the
Sheriff regarding direct and indirect costs
allocated or charged to the City and the
application of any surplus monies remaining
from the previous year's contract.
7 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
d. Review the facilities provided by the City for
the use by the Sheriff for compliance with the
use and maintenance requirements of the
contract.
e. Review inventory records and controls of the
equipment purchased by the Sheriff with the
monies of this and previous contracts.
f. Review records and controls of fines,
forfeitures, and fees collected by the County
Court in cases made by law enforcement
officers within the City's boundaries,
specifically controls over the collection and
return of the fines, forfeitures, and fees to
the City in accordance with existing laws of
Florida, with the exception of the two dollars
($2.00) which has been earmarked for the
Sheriff's Law Enforcement Education Fund.
g. Review the Sheriff's records and controls for
purchases of services, equipment, supplies,
facilities, and other property for law
enforcement needs of the City and compare to
the budget allocation.
8 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
8. FACILITIES
In the space provided by the City for use by the Sheriff,
the City hereby agrees to provide for all routine maintenance,
repairs and replacement of existing City facilities, and the
Sheriff shall provide janitorial services and to pay all
charges for utilities, telephone and other services required
for the operation of the law enforcement building in the City.
The facilities shall be used for the sole purpose of
providing the services as defined in this Contract. Any other
use of these facilities shall be negotiated as to cost and
extent.
9. EQUIPMENT
All equipment purchased by the Sheriff with monies from
this contract shall remain in the exclusive possession of the
Sheriff until the contract terminates. Ownership shall remain
with the City at all times. All equipment leased to the City
shall remain the property of the Sheriff. Upon termination of
the contract, all equipment supplied by the City or purchased
by the Sheriff from monies from this or previous contracts
between the Sheriff and the City shall be delivered to the
City. The Sheriff shall maintain an inventory sheet,
continually updated, and shall provide inventory sheets to the
City Manager.
9 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
10. FINES, FORFEITURES AND FEES
All fines, forfeitures and fees collected by the County
Court on cases made by law enforcement officers within the
City limits, will continue to be returned to the City in
accordance with the existing law of Florida, with the
exception that two dollar ($2.00) which has been earmarked for
the law enforcement education pursuant to Florida State
Chapter 943.25(13), shall continue to go to the Sheriff's Law
Enforcement Education Fund. Monies or property taken in
contraband forfeiture seizures within the City of Cape
Canaveral, shall be forfeited to the use of, or to be sold by,
the Sheriff, unless the Sheriff in his discretion decides
otherwise, or unless the seizure was solely carried out by
deputies assigned to Cape Canaveral.
11. RULES AND REGULATIONS
The Sheriff will have sole authority to promulgate rules
and regulations for the operation of the law enforcement
officers and functions within the City.
12. CONTRACT PURCHASES
The Sheriff will have sole power to determine and to
contract for or purchase services, equipment, supplies,
facilities, and other property for law enforcement needs
10 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
within the City, provided the cost remains within the budget
allocation.
13. FEDERAL OR STATE AID
The Sheriff will determine when to apply for, with
assistance and cooperation from the City, federal or state
grants, aids, loans, assistance or other acquisition for law
enforcement needs within the City.
14. INSURANCE
Sheriff agrees to provide law enforcement officer's
professional liability insurance coverage for bodily injury
and property damage caused by an occurrence arising out of the
scope and performance of duties by law enforcement officers
and support personnel covered by this agreement. The Sheriff
will provide automobile liability insurance for bodily injury
and property damage for vehicles used by the Sheriff's Office
under the terms and conditions of this agreement.
Alternatively, the Sheriff at his election, may become
part of a recognized self-insurance program with other law
enforcement units to provide such protection. Costs of such
protection described above will be part of the funds provided
by the City.
Sheriff will provide and will reimburse the City for
reasonable and ordinary premiums paid, for coverage in an
11 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
amount not greater than fair market value of covered property,
for fire, theft and comprehensive insurance coverage for all
books, furniture, equipment, supplies and other tangible
property owned by the City and used by the Sheriff in
performing this agreement, and the City assumes all risk of
loss not covered by insurance.
The City will provide for its own fire, storm and
property damage insurance on the law enforcement building at
no cost to the Sheriff. Each, Sheriff and City, will provide
the other with a copy of each insuring agreement mentioned in
Paragraph 14.
15. DISPUTES OR DISAGREEMENTS
During the duration of this agreement, all disputes or
disagreements between the parties relative to either party's
performance under the terms of this agreement, will be
presented specifically, in writing, by the party claiming
dispute. Thereafter, the responding party will answer
specifically in writing within thirty (30) days to the
claimant. Within fifteen (15) days thereafter, the parties
will meet at a mutually agreeable time and place to either
settle the dispute, or mutually agree to the facts and issues.
Thereupon, if not settled, each party shall submit the issues
to binding arbitration. The parties will choose an arbitrator
12 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
from the American Arbitration Association. If the parties
cannot agree on an arbitrator, then they shall each select an
arbitrator, and those two arbitrators shall select a third
arbitrator.
This paragraph refers to all disputes other than monetary
disputes.
16. HOLD HARMLESS CLAUSE
The City and Sheriff each indemnify and will hold the
other whole and harmless from any and all manner of action and
actions, cause and causes of action, suits, trespasses,
judgments, executions, claims and demands and losses and
damages, costs and expenses of any kind whatsoever, including
reasonable attorney's fees and court cost which may be claimed
by any third party to have resulted from or arise out of the
intentional or negligent acts of the employees, officers or
agents of the other, whether occurring before or after the
City and Sheriff assumed the obligations of this Agreement.
17. NOTICE
Notice or other writings required or permitted under this
agreement shall be given to the Sheriff at 700 Park Avenue,
Titusville, Florida 32780; and to the City at 105 Polk Avenue,
Post Office Box 326, Cape Canaveral, Florida 32920.
13 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
18. MODIFICATIONS
This agreement shall be subject to modifications at any
time upon written mutual consent of the parties hereto.
19. MARKINGS
The City shall have the right to mark the Sheriff's cars
used in Cape Canaveral with a specific Cape Canaveral
designation provided that the markings are not contrary to any
Statute or Regulation for marking Sheriff Department vehicles.
20. LEGALITY OF AGREEMENT
Any obligations created by this agreement which are
hereafter determined by court of competent jurisdiction to be
illegal are void, and neither party will be obligated to
further perform as to such obligations. If a non -material
portion of the total obligation of this contract is hereby
severed, the balance of the lawful portions hereof will
continue to be performed.
21. TOTALITY OF AGREEMENT
There are no other agreements, written or oral, between
the parties, and there are no conditions precedent to
performance, oral or written, agreed to by the parties.
22. NOTICE OF TERMINATION OF AGREEMENT
This contract may be terminated by either party by
providing thirty (30) days written notice to the other party.
14 of 15 (rev 08/15/96)
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 1996 - 1997 (continued)
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first written above.
Attest:
Attest:
-1"" Q'--, ( —
SHERIFF OF BREVARD COUNTY, FLORIDA
CITY OF CAPE CANAVERAL, FLORIDA
15 of 15 (rev 08/15/96)
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA
Heading
Discussion
Item
lg
No.
Staff has not negotiated any of the terms presented in the draft agreement. We are seeking feedback from the
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RECLAIMED WATER SERVICE AGREEMENT WITH THE CANAVERAL PORT
AUTHORITY
DEPUDIVISION: LEGISLATIVE
Requested Action:
That the City Council review and comment on the draft agreement submitted by the Canaveral Port Altthority.
Summary Explanation & Background:
The Canaveral Port Authority is requesting a reuse service agreement with an allocation of 150,000 GPD,
annual average day demand. This agreement also includes the City of Cocoa Beach. Also included is a map
depicting the reuse irrigation area within the port authority.
Staff has not negotiated any of the terms presented in the draft agreement. We are seeking feedback from the
City Council on this issue. The port authority was informed that the City Council would authorize 100,000
GPD for the SR AlA interchange only; the port would pay for the permit modifications and the city needed
information on the type of system that the city would pump to, lines or a tank.
Please advise.
Exhibits Attached:
Canaveral Port Authority's letter of 04-14-97; draft agreement; map; HAI permit and proposal
City Is Office
Department LEGISLATIVE
l j
SM
Canavi�vd
PORT AUTHORITY
14 April 1997
Mayor John Porter
City of Cape Canaveral
P. O. Box 326
Cape Canaveral, FL 32926
Subj: Port Entrance Interchange,'Landscaping/Irrigation
Dear Mayor Porter:
RALPH J. KENNEDY
DONALD N. MOLITOR
V40 -Charman
RAYMOND R SHARKEY
Sprsewa -Treasurer
RODNE'Y S. KETCHAM
Contmesaw
JOE D. MATHENY
CaTyrnwrw
CHARLES M. ROWLAND
IExecume Director
The plans for the Port Entrance Interchange and Improvements to George King Boulevard are
nearing completion and we are beginning design of the landscape element. Additionally, we are
well along in our planning of the Jetty Park improvements. The quality and appearance of the
landscaping of both of these projects will vary depending on the quality of water for irrigation.
Both projects will serve to beautify both the Port and City of Cape Canaveral and by necessity
and option will be heavily traveled and utilized by the citizens of the City of Cape Canaveral.
We have ascertained that to maintain the landscaping approximately 30,000 gallons per day will
be required for Jetty Park and 60,000 gallons per day for the Intersection/George King
Boulevard irrigation. Our wastewater agreement with the City of Cocoa Beach states that they
will provide reuse water in quantities equal to our sewage flow of approximately 100,000 gallons
per day. Since the City of Cape Canaveral now sends approximately 750,000 gpd of reuse water
to the City of Cocoa Beach and since the City of Cape Canaveral reuse lines are in proximity to
the Port boundary, it is logical from an economic, energy and water conservation standpoint to
connect to these lines and take a quantity of reuse water equal to the Port's daily sewage flow
from the allotment you now send to the City of Cocoa Beach.
As you know, the City of Cocoa Beach has agreed to this and is willing to provide the port with
100,000 gpd which will meet our landscaping needs. This additional output allocation has the
additional environmental advantage of reducing the amount of fresh water entering the Banana
River lagoon system during the period that the City of Cape Canaveral is striving to connect its
reuse customers. During this interim period, you could provide the City of Cocoa Beach the full
750,000 gpd and provide the port with 100,000 gpd, thus reducing the flow into the lagoon
system.
PORT CANAVERAL & FOREIGN TRADE ZONE 136
P.O. Box 267 • Cape Canaveral, Florida 32920, USA • 407.783.7831 • Fax: 407.784.6223. 1.888.PORTCAN
E-mail: portcan0aol.com • httpJ/www.portcanaveral.org
Mayor John Porter
1/14/97
2
An alternative for the Port would be to obtain reuse directly from the City of Cocoa Beach which
is wasteful from a right-of-way conservation, power usage and construction cost basis. The
installation of the line from the Port to the Cocoa Beach reuse tank would duplicate and parallel
the existing line from the Cape Canaveral plant to the reuse tank. This option is not
economically viable and would be a glaring example of waste of public resources.
Other alternatives available to the port would be to use a combination of shallow wells and
retention bonds for irrigation in combination with vegetation which does not require much
irrigation but will result in a much less aesthetically pleasing landscaping for the city and the
port.
Owing to the large investment in trees and landscaping as well as interior distribution lines, the
port would want to be assured of a 20 year agreement for a minimum of 100,000 gpd with the
city for the reuse water.
In the spirit of cooperation, it is requested that you agenda this item for a decision by the City
Council. I would like the opportunity at that meeting to present both the conceptual plan for the
improvements to Jetty Park and the Interchange at George King Boulevard projects.
Thank you for your cooperation in this matter.
Sincerely,
C �P?�AUTHORITY
Ra ph Kennedy
Chairman
c: Mayor J. Morgan, City of Cocoa Beach
_ Council Members: Leo Nicholas
Buzz Petsos
Arthur Berger
Rocky Randels
08/15/97 15:56 $407 839 3790
HARTMAN ASSOC
' Pg E,U m I u k �PLA�+
W_Xft-M_5U1 MUMS F-1 5041�4_
THIS AGREEMENT is made and entered into this day of 1997 by and
between the Commission of the Canaveral Port Authority, the City Commission of the City of
Cape Canaveral and the City Commission of the City of Cocoa Beach.
RECITALS
1. The Canaveral Port Authority, a body corporate and a body politic under the laws of the 'State
of Florida, hereinafter called the "AUTHORITY", is in need of reclaimed water for irrigation
within the lands owned by the AUTHORITY lying east of the channel of the Banana River in
Brevard County, Florida, hereinafter called the "Port Area". The geography of the Port Area is
defined by the map, attached hereto as Exhibit 1, and by reference, made part hereof
2. The City of Cape Canaveral, Florida, a municipal corporation under the laws of the State of
Florida, hereinafter called "CAPE CANAVERAL", is operating a sanitary sewerage system
which produces reclaimed water suitable for public access areas. CAPE CANAVERAL has
consented to provide reclaimed water to the AUTHORITY under the following terms and
conditions of this Agreement.
3. The City of Cocoa Beach, Florida, a municipal corporation under the laws of the State of
Florida, hereinafter called "COCOA BEACH", receives an allotment of reclaimed water from
CAPE CANAVERAL, under the terms and conditions set forth in an agreement between Cocoa
Beach and Cape Canaveral included as Exhibit 2. Cocoa Beach agrees to relinquish a portion of
that allotment to the AUTHORITY for irrigation within the Port Area under the following terms
and conditions of this Agreement.
ACCORDINGLY, for and in consideration of the above Recitals, the mutual undertakings and
agreements herein contained and assumed, and other good and valuable consideration, the receipt
and sufficiency of which are acknowledged by the parties, the AUTHORITY, CAPE
CANAVERAL, and COCOA BEACH hereby covenant and agree as follows:
SECTION 1. RF TTAT S. The above Recitals are true and correct and form a material
part of this Agreement.
SFCTION 2. DEFINITIONS. The following definitions and references are given for the
purpose of interpreting the terms as used in this Agreement.
(1) "Dgpe Canaveral Sy trs em,• - All facilities related to CAPE CANAVERAL's reclaimed
water system.
(2) ' Point of Reuse Connection" - The point where reuse facilities of Cape Canaveral are
connected to the on-site reuse facilities of the AUTHORITY.
08/13/97 15:57 'a407 839 3790 HARTMAN ASSOC
LMUUJ/UUP
RIk
(3) . eclai ed / Reuse Water'- the wastewater effluent that has been appropriately treated
and is usable for reuse purposes in public access areas as defined by appropriate regulatory
agencies.
(4) "Service' - the readiness and ability on the part of CAPE CANAVERAL to furnish
reclaimed water to the Port Arca. Thus, the maintenance by Cape Canaveral of adcquate
pressure at the point of re -use connection shall constitute the rendering of service.
(5) "Off -Site Facilities" - consist of reclaimed water facilities constructed by the
AUTHORITY located outside of the Port Area which shall be dedicated to CAPE
CANAVERAL.
(6) "On -Site Facilities' - consist of all facilities used for reclaimed water storage and
transmission within the Port Area which shall remain the sole and exclusive property of the
AUTHORITY.
(7) "Effective Datc" - the date upon which the last party of this Agreement executes the
Agreement.
•► ':• •� • ►1� • � •► • _ :.lel_.• '� �: Il�1�l
Reclaimed water service shall be provided and allocated to the AUTHORITY in the
following manner subject to the following terms and conditions:
3.1 ]2Zoiected Canggity Needs. CAPE CANAVERAL acknowledges that the
AUTHORITY's reclaimed water projections indicate an initial reclaimed water service capacity
need of approximately 150,000 gallons per day (annual average day demand). It is mutually
acknowledged by all parties that the AUTHORITY has a projected ultimate reclaimed water
capacity need of approximately 300,000 gallons per day (annual average day demand)_
3.2 Reallocation of COCOA BEACH Reclaimed Water Allotment. COCOA BEACH
receives 750,000 gallons per day (annual average day demand) of reclaimed water from CAPE
CANAVERAL under the teens and conditions of the CAPE CANAVERAL / COCOA BEACH
Interlocal Agreement. 100,000 gallons per day (annual average day demand) of the COCOA
BEACH reclaimed water allotment will be transferred to the AUTHORITY, thereby reducing the
COCOA BEACH reclaimed water allotment to 650,000 gallons per day (annual average day
demand). The 100,000 gallons per day (annual average daily demand) of reclaimed water shall
be provided to the AUTHORITY for the term of this Agreement, independent of the expiration
of or any modification or amendment to the CAPE CANAVERAL / COCOA BEACH Interlocal
Agreement for reclaimed water service.
3.3 Reclaimed Water Availability. Reclaimed water restrictions which are imposed on
CAPE CANAVERAL residents shall also be applicable to reclaimed water use in the Port Area.
CAPE CANAVERAL also acknowledges that until the residential capacity is established
2
08/13/97 15:57 'C407 839 3790 HARTMAN ASSOC LJduu4iuu7
reclaimed water may be provided to the AUTHORITY in amounts greater than that specified in
paragraph 3.1, as it is in the interest of the public to limit discharge of wastewater effluent to the
Banana River.
3.4 Off -Site Impvrement�. CAPE CANAVERAL acknowledges that the off-site
improvements, as described herein, shall benefit CAPE CANAVERAL by forming a reclaitned
water transmission main loop and providing the means for connection of CAPE CANAVERAL
residents along the transmission main route.
3.5 ruEP Pen traction of The AUTHORITY-
agrees
UTHORITYagrees to process the necessary state application forms for the construction of a reclaimed water
system within the Port Area. All permit fees shall be paid by the AUTHORITY.
3.6 Modification o C E CANAVERAL Reclaimed Water Service Area. CAPE
CANAVERAL agrees to process the necessary state application forms for the modification of the
COCOA BEACH reclaimed water service area to incorporate the Port Area. All permit feeswill
be paid by the AUTHORITY. Qvk� Chu (���� [_U_� :��
4.1 The AUTHORITY shall pay reclaimed water rates and charges as described herein
for any amount of reclaimed water over the 3,050,000 gallons per month which shall be
reallocated from the COCOA BEACH reclaimed water allotment. The reclaimed water rate shall
be $039 per thousand gallon for usage above 3,050,000 gallons per month.
5.1 Reclaimed Water Transmission Main Lo=. The AUTHORITY shall design, permit
and construct a reclaimed water transmission main which shall form a system loop from North
Atlantic Boulevard to George King Boulevard to Astronaut Boulevard. The transmission main
shall constructed as illustrated in Exhibit 2.
5.2 (off --Site Facil ties. The off-site transmission facilities shall consist of a 12 -inch
transmission main with required valves and appurtenances. Such off-site facilities shall become
the property of CAPE CANAVERAL as described under Section 8.
5.3 Future On -Site Facilities. Initially, the on-site facilities will consist of the reclaimed
water transmission and irrigation facilities located in the Port Area. The AUTHORITY may
construct additional on-site facilities for the purpose of obtaining reclaimed water from CAPE
CANAVERAL during non -peak use periods and to enable the AU'T'HORITY to utilize
alternative water sources for irrigation. Such on-site facilities may consist of three (3) days of
reclaimed water storage, pumps and associated valves and appurtenances. The on-site system
shall include a pressure sustaining valve and a telemetry system compatible with the existing
CAPE CANAVERAL telemetry system for the purpose of monitoring the storage tank levels and
3
08/13/97 15:58 $407 839 9790 HARTMAN ASSOC 191uu5iuu7
reuse pressures by CAPE CANAVERAL.
property of the AUTHORITY.
1
On-site facilities shall remain the sol d ex sive
CONVEYANCE OF OFE-SITEFACILITIE.S. I
6-1 Conveyance of Off_ -Site Facilities. The AUTHORITY hereby covenants and agrees
to pay for the engineering, permitting, construction and testing of the off-site reclaimed water
facilities constructed by the AUTHORITY. The AUTHORITY shall transfer ownership and
control of such facilities to CAPE CANAVERAL
6.2 CAPE C AVERAL tQAnv ove D wins_and Soecificatioms. The AUTHORITY
shall prepare engineering drawings and specification of the type and in the form prescribed by
CAPE CANAVERAL, showing facilities proposed to be installed to provide service to the Port
Area_ All such drawings and specifications shall be submitted to CAPE CANAVERAL in a
format acceptable to CAPE CANAVERAL. No construction shall commence until the
AUTHORITY has approval by CAPE CANAVERAL and the System Consultant for CAPE
CANAVERAL. All costs assessed by CAPE CANAVERAL's System Consultant in this
activity shall be reasonable and customary and borne by the AUTHORITY_
6.3 Inspection Duringsonstruction. During the construction of the off-site reclaimed
water distribution and transmission facilities by the AUTHORITY, CAPE CANAVERAL'S
TH
System Consultant shall provide periodic site observation and be present at tests, at the
AUTHORITY's expense. The inspections are to determine compliance with the plans and
specifications, and adequacy of the quality of the installation. The AUTHORITY, at its expense,
shall perform standard tests for pressure, exfiltration, line and grade, and all other normal
engineering tests required by specifications and good engineering practice. Complete record
drawings on diskette utilizing AutoCAD 13 shall be submitted to CAPE CANAVERAL upon
completion of construction in a format acceptable to CAPE CANAVERAL_
6.4 Facilities. The AUTHORITY shall prepare and submit to
CAPE CANAVERAL a Bill of Sale for the reclaimed water transmission facilities installed by
the AUTHORITY. The Bill of Sale shall pass title to CAPE CANAVERAL- of off-site facilities
constructed by the AUTHORITY at no cost to CAPE CANAVERAL. Written acceptance by
CAPE CANAVERAL shall constitute the assumption of responsibility by CAPE CANAVERAL
for the operation and maintenance of such facilities from the date of written acceptance by CAPE
CANAVERAL.
The AUTHORITY agrees with CAPE CANAVERAL that all reclaimed water facilities
conveyed to CAPE CANAVERAL for use in connection with providing reclaimed water service
to the Port Area shall at all times remain the complete and exclusive ownership of CAPE
CANAVERAL.
4
08/13/97 15:58 $407 839 3790 HARTMAN ASSOC t#Juudiuu7
SFCTTON 9. _ . a�
DgQVISION OF SERVICE
9.1 Connection to CAP CAN VE L Reclaimed Water System. Upon the continued
accomplishment of all the prerequisites contained in this Agreement to be performed by the
AUTHORITY, CAPE CANAVERAL covenants and agrees that it will allow the connection of
the reclaimed water transmission facilities installed by the AUTHORITY to the central reclaimed
water facilities of CAPE CANAVERAL in accordance with the terms and conditions of this
Agreement. Such connection shall be in accordance with all statutes, rules and regulations of
CAPE CANAVERAL, the AUTHORITY as well as State azid Federal Governments. CAPE
CANAVERAL agrees that once it provides reclaimed water capacity to the Port Area, thereaftbr
CAPE CANAVERAL will provide said service in a manner to conform with all requiremets of
all governmental agencies having jurisdiction of the utility operation of CAPE CANAVFF,,kL.
Said service shall be provided at CAPE CANAVERAL's cost and expense. In return, the
AUTHORITY will pay for all applicable rates, fees, and charges and comply with the other
provisions of this Agreement and applicable laws (including rules and regulations and rate
schedules). In no case, shall CAPE CANAVERAL's reclaimed water service to the Port Area be
subsidized by CAPE CANAVERAL rate -payers or other rate -payers within CAPE
CANAVERAL's utility system_
10.1 _Force Maieure. No party shall be liable or responsible to the other by reason of the
failure or inability of that patty to take any action it is required to take or to comply with the
requirements imposed hereby when such failure or inability is caused by or is the result of a force
majeure. The term "force majeure" as employed herein shall mean acts of God; strikes, lock-
outs, or other industrial disturbance; acts of public enemies, war, blockades, riots, acts of armed
forces, militia, or public authority; epidemics; breakdown of or damage to machinery, pumps, or
pipelines; landslides, earthquakes, fires, storms, floods or Washouts; arrests, title disputes, or
other litigation; governmental restraints of any nature whether federal, state, county, municipal or
otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary
materials, supplies, labor or permits or governmental approvals whether resulting from or
pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal,
state, county, municipal or otherwise, civil or military; or by any other causes, whether or not of
the same kind as enumerated herein, not within the sole control of either party and which by
exercise of due diligence that party is unable to overcome.
10.2 Indemnity. The AUTHORITY shall indemnify CAPE CANAVERAL and COCOA
BEACH, its respective agents and employees, from and against any and all claims, liability,
demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and fees,
including attorneys' fees, for injury (including death) to persons or damage to property or
property rights that may arise from or be related to acts, errors, or omissions of the
AUTHORITY, its agents, employees, servants, licensees, invitees, or contractors or by any
person under the control or direction of the AUTHORITY, or by the AUTHORITY's use of
CAPE CANAVERAL's system. CAPE CANAVERAL and COCOA BEACH shall indemnify
the AUTHORITY as aforesaid from all liability, claims and all other items above mentioned,
5
08/13/97 15: 59 %T407 839 3790 IiAKIM" ASSOC WI uu i i uu r
giS•N US"
arising or growing out of or connected with any default, breach, violation or nonperformance by
CAPE CANAVERAL or COCOA BEACH or any covcnant, condition, agreement or provision
contained in this Agreement concerning all or any part of CAPE CANAVERAL's sy$tem.
Indemnification shall be limited to the extent permitted in Section 768.28, Florida St4utes
(1995).
10.3 Disclaimer of ThirdParty Beneficiaries. This Agreement is solely for the benefit of
and shall be binding upon the formal parties hereto and their respective authorized successors
and assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the
benefit of any third party not a party to this Agreement or an authorized successor or assignee
thereof.
E T1ON 11. . The parties hereto agree that an executed copy of this
Agreement and Exhibits attached hereto shall be recorded in the Public Records of Br$vard
County, Florida at the expense of the AUTHORITY.
M"NEONDWAN"D' 1.
12.1 Default. No party to this Agreement, in the event or act of default by the other shall
have all remedies available to it under the laws of the State of Florida including but not limited to
injunction to prevent default or specific performance to enforce this Agreement, subject to state
law. The rights of the parties shall be considered cumulative and shall not be waived now or in
the future by the exercise of any rights and remedies provided under the terms of this Agreement
and authorized by law.
13.1 T. eau. This Agreement shall continue in full force and effect for a period of
years.
13.2 int local C ordination. CAPE CANAVERAL, COCOA BEACH and the
AU'T'HORITY agree to designate two (2) staff representatives to form the Joint Advisory
Committee. Commencing with the effective date of this Agreement, the Joint Advisory
Committee shall schedule meetings quarterly. The Joint Advisory Committee will advise the
parties regarding daily operations, short-term and long term planning and coordination of the
orderly and responsible provision of reclaimed water service within the Port Area. It is
specifically agreed and understood by and between the parties hereto, that the said committee
shall make recommendations to the Commission of the AUTHORITY, the Commission of the
City of COCOA BEACH and the Commission of the City of CAPE CANAVERAL, which
recommendations shall be entitled to great weight in deliberations of the respective bodies
relative to reclaimed water service.
6
08/18/97 14:41 'C407 839 3790 HARTMAN ASSOC 16002/003
PRINCIPAIS
J;IIIIIT E Qcmlupher, Y.F.
CI Qrk� w Unrq P.[:.
Gcrdd C. I12rt n, RF
m, 6L I. Lukc. rs.m.
Mark A. Rynrunp, P.E.
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WlIiialn D. Ml ,Y.L
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TimurhyA. Hodrun. AF_
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
August 11, 1997 HAI#95-073.11
Via Facsimile and U.S. Mail
Mr. Richard Lorribroia, P.E.
Director of Construction & Assistant Director of Engineering
Canaveral Port Authority
P.O. Box 267
Cape Canaveral, Florida 32920
Subject: Reclaimed Water Service
Dear Mr. Lombroia:
A11(lr3,1TW
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Recently, you asked if Cape Canaveral will incur additional costs in providing reclaimed water
directly to the irrigation system within the port rather than discharging reclaimed water into a
holding tank_ As the Cape Canaveral system is currently designed the answer is no.
The Cape Canaveral reclaimed water system was designed to provide for high service residential
application. This means that the system must be pressurized at all times to provide service on
demand, very much like a potable water system. Most residential irrigation systems are designed
to operate with a minimum pressure of 30 psi. Typically, there is a 5 to 10 psi pressure drop
across a 3/4 -inch meter so the minimum pumping pressure at the water reclamation facility is 40
psi plus dynamic losses in the distribution system itself
If CPA chose to install a ground storage tank it would be filled from a pressurized system as
described above. Yes, you could simply open the fill valve all the way, but that would quickly
depressurize the system and customers would not be provided the pressure necessary to operate
their irrigation systems. In order to .fill a tank (non -pressurized) from a pressurized system a
pressure sustaining valve ( or similar control valve) must be used to avoid depressurization.
Very simply, the valve would be set to allow water to enter the tank only if the system pressure
was above some minimal value that would not degrade service to customers. Therefore, when
filling a tank the pumps at the water reclamation facility would be pumping over the sane
operating conditions they would be if the water was being discharged through sprinkler systems.
In summary, there is no energy savings by pumping into a tank unless it is done through a
dedicated transmission line at a pumping head that is sufficient simply to deliver water to the
open tank. This would probably operate at a pressure of approximately 20 psi.
201 EAST PINE STREET sLrM 1000 - ORLANDO. PL 33AOI
TELEPHONE (407) 839.3955 • FAX (407) 839-3790 • E-MAIL: hai00I (RaoLcum
ORLANDO FORT MYERS FORT P111RCE JACKSONVILLE TALLAHASSEE
08/18/97 14:42 $407 839 3790 HARTMAN ASSOC 16003/003
Mr. Richard Lombroia, P.E.
August 11, 1997
Page 2
If the tank were to be serviced by a dedicated transmission line potential customers along the
route of the line could not be served because the pressure would be too low to operate im-g4tion
systems. Since a large portion of any line that would serve the port area must be routed through
the City of Cape Canaveral this would not seem to present any advantages to the City.
The only advantage a tank would provide to Cape Canaveral would be that they could deliver
water to the CPA during non -peak use periods thus enabling them to provide better pressure for
their residential customers during peak use periods. At the present time Cape Canaveral does not
have any connections to the reclaimed water system. Therefore, the storage tank concept is
something that should not be an issue at this point. The possible need for a tank would occur if in
rhe future there were numerous and high demand users of reclaimed water and peak demands
could not be met. If CPA constructed a reclaimed water system that closed the loop between
AIA and North Atlantic Avenue the impacts to future City residential customers would be
minimal and delay the possible need for a storage tank.
If you have any questions please do not hesitate to contact me.
Very truly yours,
Hartman Ass sates, Inc.
Mark A. Rynning, P.E.
Vice President
MAR/wk
C6/lomb.mar
cc: Joe Lapolla, CPA
Jennifer Woodall, E.I., HAI
H !R.R TMA A.i.I,_.7'1 CIA T.. , INC.
plu,: I", engineers, hydrogeologists, surveyors & management consultants
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August 8, 1997 HAI#92-288.M8
Mr. Edward Gardulski
Public Works Director
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Subject: Cape Canaveral - WWTP - General Reuse Permitting Modification
Proposal for Professional Engineering Services
Dear Mr. Gardulski:
Hartman & Associates, Inc. (HAI) is pleased to submit this proposal for engineering services to
prepare and submit a General Reuse Permit Application in order to expand the existing City of
Cape Canaveral's public access reclaimed water reuse service area. The intent of this project is to
modify the City's existing general reuse service area. The scope of services for this project
consists of preparing and submitting a Florida Department of Environmental Protection (FDEP)
General Reuse permit application for the construction of reclaimed water transmission and
distribution piping throughout the Port Canaveral service area.
Furthermore, you will find that the staff assigned to this project are principals of the firm who can
make decisions necessary for the effective prosecution of the assignment and can assure you that
this project will be a top priority. I will be the principal in charge of the project throughout its
duration. I will be assisted primarily by Mr. Gary ReVoir II, P.E., for the duration of the project.
As with all of our projects, we are committed to provide the City with a quality and cost-effective
project.
Included in Attachment "A" is our General Provisions and Attachment "B" describes the Scope of
Services and schedule for preparing the General Reuse permit application. Our estimated not -to -
exceed fee is $7,512.00 as summarized in Attachment "C". We would expect to begin our
services promptly after notice to proceed and shall complete this study within one (1) month, as
outlined in Attachment "A".
If the above and attachments satisfactorily set forth your understanding of our agreement, we
would appreciate your signing one (1) copy of this agreement and returning it to our offices. If
201 FAST P1NF. STREET - ST ITF 1000 - ORLANDO. FL 32801
TELEPHONE (407) 839-3955 -FAX (40-) 839-3-90 - E _MAIL: hai001 @ao 1.com
ORI I.NDO FORT .YIYERS FORT PIERCE JACKSONVILLE TALLAHASSEE
Mr. Edward Gardulski
August 8, 1997
Page 2
you have any questions regarding this agreement or the attachments, please do not hesitate to
contact me.
Very truly yours,
Hartman & Associates, Inc.
w '
Wit e Harold E. Schmidt, Jr., P.
Vice President
Witness
Witness
Witness
Attachments
cc: Gary J. ReVoir, II, P.E., HAI
GJR/lc/wk/ska/P-1 /gardul . gj r
City of Cape Canaveral
Authorized Signature
Date
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ATTACHMENT A
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated August 8, 1997, between the
City of Cape Canaveral (OWNER) and Hartman &
Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 After written authorization to proceed,
ENGINEER shall perform the following professional
services:
1.1.1. Consult with OWNER to clarify and define
OWNER's requirements for the Assignment and
review available data;
1.1.2. Advise OWNER as to the necessity of
OWNER's providing or obtaining from others
special services and data required in connection with
the Assignment and assist OWNER in obtaining
such data and services;
1.1.3. Provide analyses of OWNER's needs with
evaluations and comparative studies of prospective
solutions;
1.1.4. Prepare a Report of ENGINEER's findings
and recommendations and furnish five copies of the
Report and review it in person with OWNER.
1.2.1 The duties and responsibilities of
ENGINEER described above are supplemented and
amended as indicated in Attachment "B" "Scope of
Services and Schedule" which is attached to and
made a part of the Agreement.
SECTION 2 - ADDITIONAL SERVICES
2.1. If authorized in writing by OWNER,
Additional Services related to the Assignment will
be performed by ENGINEER for an additional
professional fee.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner
so as not to delay the services of ENGINEER:
G JR/lc/wk/ska/P-1 /attach. a2
HAI 492-288.M8
3.1. Provide all criteria and full information as
to OWNER's requirements for the Assignment', and
designate in writing a person with authority to act on
OWNER's behalf on all matters concerning'', the
Assignment;
3.2. furnish to ENGINEER all existing studies,
reports and other available data pertinent to the
Assignment, obtain or authorize ENGINEE) to
obtain or provide additional reports and dat4 as
required, and furnish to ENGINEER services of
others required for the performance of ENGINE�R's
services hereunder, and ENGINEER shall be entitled
to use and rely upon all such information and
services provided by OWNER or others in
performing ENGINEER's services under this
Agreement;
3.3. arrange for access to and makeall
provisions for ENGINEER to enter upon public and
private property as required for ENGINEEIit to
perform services hereunder;
3.4 perform such other functions as are
indicated in Attachment "B" Scope of Services and
Schedule"; and
3.5. bear all costs incident to compliance with
the requirements of this Section 3.
SECTION 4 - PERIOD OF SERVICE
4.1. ENGINEER's Basic Services will be
performed and the Report submitted within the time
period or by the date stipulated in Attachment "B"
"Scope of Services and Schedule".
4.2. ENGINEER's Basic Services under this
Agreement will be considered complete at the earlier
of (1) the date when the Report is accepted by
OWNER or (2) thirty days after the date when the
Report is submitted for final acceptance, plus in each
case, if applicable, such additional time as may be
considered reasonable for obtaining approval of
governmental authorities having jurisdictioo to
approve the Report.
4.3 ENGINEER's Additional Services will be
performed and completed within the time poriod
agreed to in writing by the parties at the time 'such
services are authorized.
-1- 081197
4.4. If any time period within or date by which
any of ENGINEER's services are to be completed is
exceeded through no fault of ENGINEER, all rates,
measures and amounts of compensation and the time
for completion of performance shall be subject to
equitable adjustment.
SECTION 5 - PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services of
ENGINEER.
5.1.1 For Basic Services. OWNER shall pay
ENGINEER for all Basic Services rendered under
Section 1 (as amended and supplemented by
Attachment "C" "Professional Fees" as follows:
5.1.2. For Additional Services. OWNER shall
pay ENGINEER for all Additional Services rendered
under Section 2 on the basis agreed to in writing by
the parties at the time such services are authorized.
5.1.3. Reimbursable Expenses. In addition to the
payments provided for in paragraphs 5.1.1. and
5.1.2, OWNER shall pay ENGINEER the actual
costs (except where discussed previously or
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project.
5.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of 1% per month from said
thirtieth day, and in addition, ENGINEER may, after
giving seven day's written notice to OWNER,
suspend services under this Agreement until
GJR/1c/P-1/attach.a2
HAI #92-288.M8
ENGINEER has been paid in full all amounts', due
for services, expenses and charges.
SECTION 6 - COST CONTROL
6.1. OWNER's budgetary requirements and
considerations in respect of the Assignment aro set
forth in Attachment "B" "Scope of Services and
Schedule".
6.2. Opinions of probable construction cost,
financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilit#rian
considerations of operations and maintenance 'costs
prepared by ENGINEER hereunder will be mace on
the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best
judgment as an experienced and qualified d$sign
professional. It is recognized, however, that
ENGINEER does not have control over the cost of
labor, material, equipment or services furnished by
others or over market conditions or OWN$R's'
methods of determining their prices, and that any
utilitarian evaluation of any facility to be constructed
or work to be performed on the basis of the Report
must of necessity be speculative until completion f its
detailed design. Accordingly, ENGINEER does not
guarantee that proposals, bids or actual costs will not
vary from opinions, evaluations or studies submitted
by ENGINEER to OWNER hereunder.
SECTION 7 - GENERAL CONSIDERATIONS
7.1. All documents prepared or furnished by
ENGINEER (and ENGINEER's independent
professional associates and consultants) pursuant to
this Agreement are instruments of service and
ENGINEER shall retain an ownership and property
interest therein. OWNER may make and retain
copies for information and reference; however, such
documents are not intended or represented to be
suitable for reuse by OWNER or others. Any reuse
without written verification or adaptation by
ENGINEER for the specific purpose intended will be
at OWNER's sole risk and without liability or'',legal
exposure to ENGINEER, or the ENGINtER's
independent professional associates or consultants,
and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent
professional associates and consultants from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
-2- 080197
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER-
7.2
NGINEER
7.2 The obligation to provide further services
under this Agreement may be terminated by either
party upon thirty days' written notice in the event of
substantial failure by the other party to perform in
accordance with the terms thereof through no fault of
the terminating party. In the event of any
termination, ENGINEER will be paid for all services
rendered and Reimbursable Expenses incurred to the
date of termination and, in addition, all
Reimbursable Expenses directly attributable to
termination.
7.3.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 7.3.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of each party, in respect of all
covenants, agreements and obligations of the
Agreement.
GJR/lc/P-1/attach. a2
HAI #92-288.M8
7.3.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty] or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associated and consultants as
ENGINEER may deem appropriate to assist irk the
performance of services hereunder.
7.4 Nothing under the Agreement shall be
construed to give any rights or benefits in the
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
party.
-3- 080197
ATTACHMENT "B"
SCOPE OF SERVICES AND SCHEDULE
Purpose
The purpose of this project is to obtain a permit to construct reclaimed water transmission and
distribution mains within the Port Canaveral service area. In order to accomplish this task, the
City of Cape Canaveral must modify the existing general reuse service area to include the Port
Canaveral property.
TASK 1 - DATA COLLECTION
Data will be collected from, but not be limited to, the offices of the St. Johns River Witter
Management District (SJRWMD), Canaveral Florida Department of Environmental
Protection (FDEP), City of Cape Canaveral, Port Authority, Soil Conservation Service,
United States Geological Service, Department of Community Affairs, and others. The
data collected will include, but not be limited to, FDEP Monthly Operating Reports
(MOR's) for the wastewater treatment plant (WWTP), soil data, land use maps, building
permit data, and other relevant information that may be necessary.
TASK 2 - PERMIT APPLICATION
This task consists of preparing and submitting a FDEP permit application for a general
reuse permit. This task will consist of preparing all supporting documentation for this
permit application and respond to one (1) request for additional information from FDEP.
In particular, a preliminary engineering report, as described in 62-610 F.A.C., will be
prepared and submitted to support this application.
ESTIMATED PROJECT SCHEDULE
The estimated project schedule for this project from data collection to permit application
preparation is one (1) week from the date of approval of the proposal. A draft permit application
will be provided for review within three (3) weeks from authorization, and a final permit
application submitted approximately two (2) weeks thereafter. An additional month is included
for the regulatory permit review. Summarized below is the recommended project schedule:
Completion Time
1. Data collection 7 days
2. Permit Preparation
21 days
3. City's Review 28 days
GJR/lc/wk/ska/P-1 /attach. b2
HAI #92-288.M8 -1- 080897
ATTACHMENT "B" (Cont.)
SCOPE OF SERVICES AND SCHEDULE
4. Submit Permit Application 5 c' <:., S
5. Receive Regulatory Comments G ;?
6. Respond to Comments 72 days
7. Receive Intent to Issue or Additional Comments 102-13,,::. .
GJR/lc/P-1 /attach. b2
HAI #92-288.M8 -2-
Meeting Type: Regular
Meeting Date: 09-02-97
AGENDA REPORT
AGENDA
Heading
Discu Sion
Item
construction of this roadway. Once final costs for this project are identified, the property owners may agree on
No.
Exhibits Attached:
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SSA PROPOSAL FOR PAVEMENT TESTING AND DESIGN OF COMMERCE ST =
DEPT./DIVISION: STREETS/PUBLIC WORKS
Requested Action:
That the City Council discuss whether or not to proceed with this scope of services costing $17,000.
Summary Explanation & Background:
If the City Council were to appropriate the funds for this, then the city would have to appropriate funds for the
construction of this roadway. Once final costs for this project are identified, the property owners may agree on
a settlement agreement or front foot assessment for the repayment to the city for this project.
Exhibits Attached:
SSA proposal of 08-25-97
City Managw!,s Office
Department
August 25, 1997
Mr. Ed Gardulski
Public Works Director
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
RE: SSA Fee Proposal for Pavement Testing and Design of Commerce Street
Dear Ed:
Per your request SSA is pleased to submit our engineering fee proposal for the rebuilding of Commerce Street
In general SSA will perform the following tasks for the roadway:
• pavement corings (and subgrade borings)
• design surveys
• construction design drawings
• preparation of regulatory permits
• construction support activities
SSA has recently inspected this roadway system and visually, it appears that the base layers have failed. (The
pavement coring tests will confirm this observation.) Also, SSA observed the drainage flows in the existi�hg
curb/gutters and it appears that at least one catch basin/inlet will be necessary. It is understood that this road isi a
private street and pending the type of assessment program adopted by the Council, may be brought into the
City's system.
SSA's specific scope of services for the rebuilding of Commerce Street includes the following:
SSA SCOPE OF SERVICES
Task 1.Obtain Pavement Corings
SSA will coordinate with our subconsultant to obtain three (3) pavement corings along the roadway.
SSA will also perform hand auger borings to four/five foot depths into the subgrade in order to evaluate
materials and potential ground water layers. A recommendation for re -building the road will be made to
the City at this point
Task 2 - Design Surveys
SSA will obtain design cross sections of the existing roadway and obtain key inverts of existing drainage
inlets. For this proposal no rights-of-way mapping will be performed for the roadway.
Task 3 - Construction Design
SSA will prepare construction design drawings for the rebuilding of Commerce Street Initial designs gill
include coordination with utility companies and development of drainage designs. A reuse line may be
installed by others for this roadway. Additional coordination with adjacent land owners will also be
performed to allow for driveway access. Other initial design efforts will include coordination with the
FDOT and SJRWMD for permit applications. As this work is a retrofit, no detention systems will he
STOTTLER STARMER & ASSOCIATES g� ARCHITEECT'S?4�te Q �ENGINEERS • PLANNERS. INC.
8680 North Atlantic Avenue P'I' -(�r of To W0 (TlJl .�e rea(Cr I V YYV/ R YY1th,,17 783 1320 Fa c 407 783 7065
c4i:iq ajedsicapeprnrtrece strect doc
Mr. Ed Gardulski
August 25,1997
Page 2
proposed. The design drawings will address stage construction so that access can be maintained to
adjacent businesses.
Task 4 - Preparation of Regulatory Permit Applications
SSA will prepare regulatory permit applications for both the FDOT and SJRWMD. Coordination with City
staff will also be maintained for the design work. Preparation of permit applications will include one(1)
request for additional information (RAI) from each agency.
Task 5 - Construction Support Activities
SSA will support the City during construction operations, with the following work tasks:
• attend pre-bid and pre -construction meetings
• perform six (6) inspections of the work in progress (to support certification)
• provide certifications to the City and SJRWMD of completed work
• provide a review of contractor draws for the City
SCHEDULES AND FEES
Schedules
Upon receipt of the Citys written authorization to proceed SSA will perform task 1 within one (1) week. Tasks 2
through 4 will then be completed within the next 45 days. Construction support services schedules will 'be
established by SSA following the pre -construction meeting with the City.
Fees
SSA's fees for the above listed tasks will include the following lump sums:
Task 1- Lump Sum Fee of $300.00
Tasks 2 through 4 - Lump Sum Fee of $12,600.00
Task 5 - Lump Sum Fee of $4,200.00
Total Lump Sum Fee for the proposed work will be $17,100.00.
The above fees include reproduction services of up to 10 sets of construction drawings and regulatory permits.
SSA's fees will be invoiced based on a percentage of work being completed each month and payment will be due
within thirty (30) days of receipt Additional printing (other than noted above) requested by the City will be invoiced
at our cost plus 15%.
Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this
Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification
in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation doe
to the Consultant for the work involved.
c:lciv NxQ ects\cape��merce street.doc "Great To Work For... Greater To Worst With"
Mr. Ed Gardulski
August 25, 1997
Page 3
It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering
professional services on this project shall be limited to a maximum of the net fee received by SSA, not including
reimbursable expenses and sub -consultants, for all services rendered on the project Should it become
necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such
collections including Attorney's fees.
The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to
the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such
other party with respect to all covenants to this Agreement Neither the City nor SSA shall assign, sublet or
transfer any interest in this Agreement without the written consent of the other.
The terms and conditions of this proposal are effective through October 15, 1997. Acceptance after this date
may necessitate increased fees or altered conditions.
Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of
a signed copy.
Sincerely,
Stottler Stanmer & Associates
Architects, Engineers, Planners, Inc.
John A. Pekar, PE
Vice President
JAP JIs
cc: Pat Dwyer
ACCEPTANCE:
37
TITLE:
DATE:
OcPAN rojet�p-Commerce street.doc "Great To Work For... Greater To Work Wadi"