WHEREAS, classes were held at Hillsborough High School, where Frederic H. Spaulding, served as principal; and

Transcription

1 ORDINANCE NO _!LL AN ORDINANCE BY THE CITY OF TAMPA RENAMING AND DESIGNATING THAT PORTION OF NORTH "B" STREET WHICH IS LOCATED WITHIN THE UNIVERSITY OF TAMPA CAMPUS (UT), LYING NORTH OF KENNEDY BOULEY ARD, SOUTH OF CASS STREET, EAST OF THE CSX RAILROAD AND WEST OF THE HILLSBOROUGH RIVER, WITHIN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, SO THAT IT WILL HEREAFTER BE KNOWN AS FREDERIC H. SPAULDING DRIVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1931, Frederic H. Spaulding, founded Tampa Junior College, with the support of the Tampa Chamber of Commerce, to provide higher education opportunities for young people in Tampa; and WHEREAS, classes were held at Hillsborough High School, where Frederic H. Spaulding, served as principal; and WHEREAS, in 1933, Frederic H. Spaulding, resigned as principal to lead the newly formed University of Tampa, in its new location in the then Tampa Bay Hotel, now known as Plant Hall; and WHEREAS, Frederic H. Spaulding, a graduate of Bates College and Harvard University, served as the University of Tampa's president until 1936; and WHEREAS, it is in the best interest of the City of Tampa to recognize the life and contributions of Frederic H. Spaulding, by renaming of a portion of North "B" Street. WHEREAS, the University of Tampa has requested the City to rename the vacated portion of North "B" Street located on the UT campus; and and WHEREAS, the University of Tampa and the City of Tampa agree to the proposed street name change; WHEREAS, the City of Tampa Land Development Coordination Division is in support of the name change; and WHEREAS, the City Council of the City of Tampa has conducted duly noticed public hearings as required by law, at which hearings all interested persons were afforded notice and an opportunity to be heard. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That North "B " Street, which runs in a Westerly direction from UT Poe Drive to the CSX Railroad within the City of Tampa, Hillsborough County, Florida, be and the same is hereby renamed and designated as Frederic H. Spaulding Drive. Section 2. That a certified copy of this ordinance be mailed by the City Clerk of the City of Tampa to the Post Office Department of the United States of America, 5201 Spruce Street, Tampa, Florida 33607, directed to the attention of the Post Master. Section 3. That the University of Tampa, at their sole cost and expense, shall install appropriate

2 posts and street name signs depicting the new street name within (30) days of the effective date of this ordinance. All signage shall comply with the current Florida Uniform Manual of Traffic Control Devices, a copy of which is on file with the City of Tampa, Transportation Manager. Section 4. That the City Clerk, upon its adoption by the City, shall certify and record a copy of this Ordinance in the office of the Clerk of Circuit Court of Hillsborough County, Florida. Section 5. Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. That this ordinance shall take effect immediately upon becoming law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON, APR CITY COUNCIL: CHAIRMAN / GTf7111rJ.HII~~~~~ CITY COUNCIL APPROVED AS TO FORM BY: JULIE HARDY, ESQ. ASSIST ANT CITY ATTORNEY APPROVED BY ME ON _ A_P_R_0_ 6_2_0 1_5 _ ~ t, ~ L.L BOB BUCKHORN, MAYOR K:\bhd ri ght of way & mapping\addressing\street renaming\usf beard drive ordinance.doc

3 ORDINANCE NO AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, lnc., A CORPORATION UNDER THE LAWS OF THE STATE OF FLORIDA, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, HIGHWAYS, WATERWAYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC PLACES OF THE CITY OF TAMPA FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A NATURAL GAS DISTRIBUTION SYSTEM, WITH ALL NECESSARY OR DESIRABLE APPURTENANCES, FOR THE DELIVERY OF NATURAL GAS ln THE CITY OF TAMPA AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID NON-EXCLUSIVE RIGHTS, PRIVILEGES AND FRANCHISES MAY BE EXERCISED; PROVlDING FOR SEVERABILITY; PROVIDlNG AN EFFECTIVE DATE. WHEREAS, the City of Tampa (hereinafter referred to as the "City") exercises control over all publicly dedicated rights-of-way located within the limits ofthe City of Tampa; and WHEREAS, Peoples Gas System, lnc. (hereinafter referred to as the ("Company") has requested permission from the City to construct, maintain and operate its natural gas distribution system, with all necessary or desirable appurtenances, for the delivery of natural gas over, under and along the aforesaid rights-of-way for the public and private use of the City's inhabitants; and WHERAS, the aforesaid rights-of-way to be used by the Company are valuable public properties acquired and maintained by the City at great expense to the City's taxpayers, and the right to use said rights-of-way is a valuable property right without which the Company would be required to invest substantial capital and property acquisition costs; and WHEREAS, the City desires to insure that the aforesaid rights-of-way used by the Company are promptly restored to a safe and secure condition to protect the health, safety and welfare of the City's citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section I. GRANT OF FRANCHISE; TERM; LIMITATIONS. (1) The City herby grants to the Company, its successors and assigns, the nonexclusive right, privilege, and franchise to lay, erect, construct, operate and maintain in, on or under any and all of the public streets, alleys, highways, waterways, bridges, easements and other public places of the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may be hereafter added to, consolidated or annexed to the City, any and all such main line pipes, together with all necessary and desirable appurtenances as may be reasonably necessary for the delivery of natural gas (hereinafter collectively referred to as the

4 "System") for the public and private use of the inhabitants of the City, subject to the terms and conditions herein contained. (2) This non-exclusive Franchise granted by the City to the Company shall be for a period of twenty (20) years from the effective date of this Ordinance, provided that said period shall be automatically extended for six (6) month periods until such time as the City has granted a new nonexclusive franchise to the Company. (3) Neither this Franchise Ordinance as a whole, nor any of its parts, portions or terms, shall be construed as granting or intending to grant to the Company a franchise to use the City's streets, alleys, highways, waterways, bridges, easements and other public places of the City or any portion of the System therein for cable television, or any other uses not specified herein; but nothing herein shall preclude the Company from entering into a contract for the use of any portion of the System with any person, firm, partnership or corporation, provided that said person, firm, partnership or corporation first obtains an appropriate franchise from the City. Section 2. FRANCHISE FEES; AUDITS; INSPECTION OF RECORDS. (1) Commencing on the effective date ofthis Ordinance, the Company shall pay to the City as consideration for the grant of this Franchise, a sum of money equal to six percent (6%) of its gross revenues derived during each month from the sale, delivery, distribution, transportation, or any combination thereof, of natural gas to customers located within the corporate limits of the City of Tampa (excluding the City, the University of South Florida property referenced in Resolution No H, hereinafter referred to as "USF", and a University direct support organization of USF, as defined in Section of the Florida Statutes, or any successor law), less any adjustments for uncollectible accounts. The City shall identify in writing to the Company each direct support organization of USF and the location of such organization for purposes of administering this Franchise Ordinance. (2) Within twenty (20) days after the close of each month, the Company shall pay the franchise fee and file with the City's Director of Finance, a statement, signed by an authorized accounting or financial representative of the Company, of the gross revenues derived from the sale, delivery, distribution, transportation, or any combination thereof, of gas within the City for the preceding month. (3) If such consideration is not received by the City within such period, the Company shall pay interest on such unpaid portion thereof at the rate of eighteen (18%) per annum from the first day after the payment period of twenty (20) days until paid to the City, and the Company shall reimburse the City for the actual and reasonable out of pocket cost of the City associated with collecting any sums of money the Company is required to remit to the City pursuant to this Ordinance. (4) The sums of money to be paid by the Company to the City under this Section are compensation and consideration for the use by the Company of the City streets and other ways for the construction, maintenance and operation of the System and are not taxes, as allowed by the Florida Constitution, the general or special laws of the State of Florida or any other ordinances of the City. The Company shall at all times continue to be subject to ad valorem taxes (Section , Florida Statutes), 2

5 and such other taxes, charges or fees as may be lawfully authorized by the Florida Constitution, the general or specific laws of the State of Florida, the provisions of the Municipal Home Rule Powers Act (Chapter 166, Florida Statutes) or the ordinances of the City. (5) The Company shall make available to the City the books, records and accounts and other documentation of the Company (hereinafter collectively referred to as the "Reports") that, as determined by the City, are necessary to determine the accuracy of the gross revenues upon which the franchise fee payment is based. In the event the Reports are not made available to the City at the Company' s principal office in the City of Tampa the Company shall reimburse the City for the reasonable travel expense of the City' s representative resulting from said representative' s travel to the location where the Reports are maintained. Upon request by the City, or its designated representative, the Company shall provide a copy of its annual report to the PSC. The City, or its designated representative, shall have the right during the life of this Franchise to examine the Reports; provided, however, that the Company shall be obligated to maintain its billing records only for the period of time required by the PSC and that any examination conducted after such period shall be confined to the billing records then available. No later than thirty (30) days after the request of the City, or its representative, the Company shall supply to the City, a copy of the Reports. Such copy shall be in the media requested by the City; provided that it is economical and practical for the Company to do so. Section 3. USE OF CITY RIGHTS-OF-WAY; CONSTRUCTION REQUIREMENTS; ALTERATION OF THE SYSTEM; ACCESS BY CITY. (1) The Company shall not engage in any non-emergency activity on the City' s rights-of-way having an impact on City-owned facilities without obtaining all permits, and paying all fees therefor, required by existing or subsequently enacted City ordinances; provided, that no permit shall be required for any activity between the curb line (or edge of pavement if no curb exists) and the property line which does not destroy or interrupt the routine use of existing City facilities within such area or cause lane closures in excess of the limits provided by existing or subsequently enacted City ordinances. Nonemergency activities on the City's rights-of-way having an impact on City-owned facilities include, but are not limited to, activities which alter, destroy or interrupt the routine use of existing facilities, including, but not limited to, water lines, streets, alleys, sidewalks, signal poles, controller cabinets, sewer and storm-sewer pipelines and information and regulatory signs. Non-emergency activities on the City' s rights-of-way having an impact on City-owned facilities do not include activities which are undertaken by the Company to protect the health, safety and welfare of the public, which include activities which may be required of the Company in order to comply with the standards contained in any applicable safety code. All permit applications submitted by the Company shall contain plans showing known utility facilities, specifications prepared by a qualified engineer/technician, and be accompanied by letters of no conflict or other appropriate verification of no conflict with other utilities. The Company will not assert the existence of any vested rights if the City issues a permit, except to the extent it is entitled to place its facilities as indicated by the permit. Further, issuance of a permit by the City shall not be construed by the Company as a warranty that the placement by the Company of its facilities, or the start of 3

6 construction, is in compliance with any applicable rules, regulations or laws, except those of the City which are conditions to the issuance of the permit. (2) Any facilities installed or placed without first having obtained the applicable permits as provided in Section 3 (1) hereof shall be removed within fourteen (14) calendar days written notice by the City to remove the same and, if in default of compliance with such notice, the facilities may be removed by order of the City and the cost of removal shall be borne and paid by the Company. In the event such removal cannot be reasonably accomplished within said time, the Company shall provide the City, within said time, with a mutually agreed acceptable plan for removal of such facilities. (3) ln the event that work to be conducted by the Company requires streets or traffic lanes to be closed or obstructed, the Company shall, pursuant to the requirements of existing or subsequently enacted City ordinances, obtain all permits from, and pay all fees therefor to, and obtain approval of its maintenance-of-traffic plan from, the City. ( 4) 1n the event the Company deems the pruning or removal of any trees or tree roots reasonably necessary to construct any portion of the System and to maintain the integrity and safety of same, it shall, as part of the rights-of-way construction review process and pursuant to the requirements of existing or subsequently enacted City ordinances, obtain approval from the City's Planning and Urban Design Natural Resources Division. Company will obtain all permits from, and pay all fees therefor to, the City and comply with all other requirements of said ordinances. (5) In the event the Company' s work requires the obstruction of City owned, metered parking spaces, the Company shall pay a fee to the City as prescribed in any existing or subsequently enacted City ordinance. ( 6) The provisions of this Section 3(6) are only effective prospectively beginning as of the effective date set forth in Section 11. The Company shall comply with the following provisions of this Section 3(6), unless otherwise approved by the City, and such approval shall not be arbitrarily or unreasonably withheld, conditioned or delayed. Except when pipe made of plastic or other material is inserted into existing pipes comprising the Company's System, (a) new main line pipes shall have consistent alignment parallel with the edge of pavement unless changes in the horizontal alignment are needed to maintain the minimum horizontal clearances specified below (b) new main line pipes shall have a minimum thirty-six inch (36") depth of cover for installations under paved portion of roadways, a minimum of twenty-four inch (24")to thirty-inch (30")depthof cover in all areas except the paved portion of roadways. Company shall verify other uti I ities, by field locating within the excavation tolerance zone per the applicable Florida Statutes, Chapter 556, and protect City utility facilities in place during construction. Company shall design and field adjust the main line (new or replacement) to maintain the following minimum clearances wherever possible and practicable: horizontal clearance (parallel) is minimum three foot (3 ') clearance to all pipes and structures; vertical clearance (crossing) is 4

7 minimum eighteen-inch (18") clearance to stormwater and wastewater pipelines, and thirty-six inches (36") for water pipelines. All clearances are outside diameter to outside diameter. Utilities are not allowed to bore underneath any stormwater/wastewater structures, other than pipes, such as manholes and inlets. Approval for variances from the above shall be resolved through the permitting process. Company shall safeguard against debris from entering the stormwater system during construction. (7) The Company shall not in any way displace, damage or destroy any sewer, water main, pipe or any other facilities belonging to the City, or to any third party who placed such facilities therein by express authority of the City, without the consent ofthe City, and the Company shall be liable to the City or to the third party owner, as the case may be, for the cost of any repairs made necessary by any such displacement, damage or destruction and shall pay such costs upon demand. (8) The Company shall, at its own cost, replace and repair, within fourteen (14) days following the completion of the Company' s activities involving the System, any sidewalk, street, alley, highway, waterway, bridge, or other public place that has been excavated, broken, removed, displaced or disarranged by the Company in the conduct of its construction, maintenance, removal and operation of any portion of the System, or as a result of the deterioration of any portion of the System, and restore the same to as good a condition as the same existed prior to the Company commencing its work, and upon failure of the Company to do so after twenty (20) days written notice by the City, the City may make such repairs and replacements as it deems reasonably necessary, and the Company shall pay the City all costs of such repairs and replacements. The Company shall, to the reasonable satisfaction of the City, maintain any repairs it makes pursuant to this Section 3 (8) for a period of one (I) year following the date of such repair, when required as the result of poor workmanship or materials quality. (9) The Company shall use all proper and reasonable care in connection with any work which it may do in, over, under and across any street, alley, highway, waterway, bridge, easement or other public place of the City in seeking to prevent harm, damage or injury to persons or property therefrom. (1 0) The Company shall (except when the only purpose of the work is to cut and cap an existing inactive service line) produce and maintain a complete set of annotated, horizontally and/or vertically dimensioned construction drawings indicating the conditions in the field at the conclusion of construction within thirty (30) days after the completion of construction of any of its facilities and make said drawings available to the City upon forty-eight (48) hours' notice. The intended use of the aforesaid drawings is for design reference only, and said drawings shall not absolve either party from liability or damages, if applicable, and shall not serve as an alternative to information regarding, and location of, facilities that should result from inquiries by the parties through any Utility Notification Service which may be in effect from time to time. 5

8 (11) The City and the Company shall comply with all applicable laws, regulations and codes promulgated for the protection of the public, including, but not limited to, any applicable regulations adopted by the PSC, the State of Florida Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways and such other design or regulatory manuals designated by the City which regulate the installation of structures within public rights-of-way, and shall become members of and maintain membership in a utility notification one call system. (12) Except in an emergency, the Company shall, within thirty (30) days after receipt of written notice from the City, adjust, alter or relocate, at its own cost and expense, any portion of the System in the event the City, at the direction of the City, reasonably determines that such adjustment, alteration or relocation is necessary for the City's use of its property and rights-of-way, or if same unreasonably interferes with the convenient, safe or continuous use, or the maintenance, improvement, extension or expansion of any public road (including, but not limited to, sidewalks, curbs, gutters, traffic signal poles, signal system controller cabinets, regulatory and informational signs, and other such appurtenances), alley, highway, waterway, bridge, easement or other public place in the City. The Parties shall evaluate all reasonable alternative relocation strategies. In the event that the extent or complexity of the work will require more than thirty (30) days to reasonably accomplish, the parties will, within said period, develop a mutually acceptable time for accomplishing the required work. In the event such adjustment, alteration or relocation is incidental to work to be done by the City on a City road, such notice shall be given thirty (30) days prior to the commencement of such work by the City. ln the event the Company fails to complete the aforementioned adjustment, alteration or relocation as required herein, the City may remove such portion of the System, and the total cost and expense therefor shall be charged to the Company. The City shall provide the Company with a notice and order as provided for in Section of the Florida Statutes, or any subsequently enacted law of the State of Florida, in the event it may charge the Company for the cost and expense of removing such portion of the System pursuant to this Ordinance. (13) In the event the City requires the Company to adapt or conform any portion of the System, or in any way to alter, to temporarily or permanently relocate, or to change any portion of same to enable any other person to use a street, avenue, alley, sidewalk, highway, bridge, easement or other public place of the City, the City, as part of its permitting or approval process, shall require the person desiring or occasioning such alteration, relocation or change to reimburse the Company for any loss, cost or expense caused by or arising out of such change, alteration or relocation of any portion of the System. (14) In an emergency, as reasonably determined by the City, when the Company or its representatives is immediately unavailable or unable to provide the necessary immediate repairs to any portion of the System that is damaged or malfunctioning or to any faults or settled or sunken areas that may develop in any area over, around or adjacent to same, the City, when apprised of such an emergency, shall have the right to make the repairs with the total cost of same being charged to the Company. 6

9 ( 15) The City shall have access at any time to the manholes of the Company in which the City has facilities, provided the City has given the Company reasonable prior notice so that the Company can have trained personnel present when the City makes its access to any such manholes. Subject to the foregoing, the City, in the proper exercise of is municipal powers and duties with respect to its public streets and other ways, shall have access to all manholes of the Company in such streets and other ways. (16) In an effort to minimize the number of facilities within the City' s rights-of-way, the disruption of traffic and roadway destruction, the Company shall enter into joint use agreements with the City and other parties who are expressly authorized by the City to use its rights-of-way provided such agreements are satisfactory to the Company. Nothing herein contained shall mandate that the Company enter into joint use agreements. (17) Any portion of abandoned facilities of the Company found by the City to be in conflict with any planned or existing facilities of the City shall be removed by the Company at its expense within thirty (30) days after receipt of written notice from the City. Information on all abandoned facilities will be maintained by the Company and will be located, to the best of the Company' s ability, in the field along with active facilities as the result of a Utility Notification Service contact. Section 4. ASSIGNMENT. (1) The Franchise hereby granted shall not be leased, assigned or otherwise alienated or disposed of except with the prior, express, written consent of the City Council of the City, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, the Company may lease, assign or otherwise alienate and transfer this Franchise in connection with the lease or sale of the System or upon its merger and consolidation with any other corporation engaged in a similar business, or pledge or mortgage such Franchise in connection with the physical property owned and used by it in the operation of the System for the purpose of securing payment of monies borrowed by the Company without the express, written consent of the City Council of the City. Section 5. INSURANCE. (1) During the life of this Franchise the Company shall provide, pay for and maintain with companies satisfactory of the City the types of insurance described herein. All insurances shall be from responsible companies duly authorized to do business in the State of Florida and having a financial rating in Best' s Insurance Guide of B+ Class VI or better. All liability policies (except the Workers' Compensation) shall provide that the City is an additional insured as to the liability arising under this Franchise and shall provide the severability of interest provision. The required coverages must be evidenced by properly executed Certificates of Insurance. The Certificates must be signed by the authorized representative of the insurance company. The City no longer requires direct notice of 7

10 cancellation. Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required by this Franchise. The insurance coverages required herein are to be primary to any insurance carried by the City or any self-insurance program thereof. All claims made insurance policies must provide the retroactive date on the proof of coverage. (2) The limits of coverage of insurance required shall be not less than the following: (A) Workers' Compensation and Employer's Liability Insurance shall be provided for all employees engaged in the work under this Franchise, in accordance with the laws of the State of Florida. Workers' Compensation-Florida Statutory Requirements Employer's Liability-$500,000 limit each accident, $500,000 limit disease accident, $500,000 limit disease each employee. (B) Comprehensive General Liability Insurance shall be provided on the most current Insurance Services Offices (ISO) form or its equivalent. This coverage must be provided to cover liability arising from premises and operations, independent contractors, products and completed operations, personal and advertising injury, contractual liability, and XCU exposures (if applicable). Completed operations liability shall be maintained for a minimum of one-year following the completion of work. The amount of commercial general liability insurance shall be no less than the amount specified: (C) (D) $5,000,000 per occurrence and a $5,000,000 general aggregate. Automobile Liability shall be maintained in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. The amount of Automobile Liability Insurance shall be no less than the amount specified: $5,000,000 combined single limit each occurrence bodily injury and property damage Excess Liability Insurance (Umbrella Policy) may compensate for a deficiency in general liability insurance, automobile liability insurance, or worker' s compensation insurance coverage limits. Section 6. INDEMNIFICATION. The Company shall indemnify and hold the City and its officers, directors, agents, servants, employees, successors, and assigns harmless of and from any and all third party claims for personal injury, death or property damage, any other losses, damages, charges or expenses, including attorneys' fees (whether at the trial or appellate level, or otherwise), witness fees, court costs and the reasonable value of any services rendered by any officer or employee of the City, and any orders, 8

11 judgments or decrees which may be entered, which arise out of, in connection with, or attributable to, the Company's acts or omissions in connection with its activities under this Franchise and the placement, repair, relocation or removal by the Company of any portion of the System, excepting only those claims resulting from the sole, contributory and/or concurrent negligence of the City. Upon receiving from the City in time to reasonably conduct an investigation and prepare a defense, the Company shall undertake at its own expense the defense of any action which may be brought against the City for damages, injunction relief or for any other cause of action arising or alleged to have arisen out of, in connection with or attributable to, the foregoing and, in the event any final judgment therein should be rendered against the City resulting from the foregoing, the Company shall promptly pay the portion of such final judgment not attributable to the City' s sole, contributory and/or concurrent negligence, together with all costs relating thereto, the Company being allowed, however, an appeal or appeals to the appropriate court or courts from the judgment rendered in any such suit or action upon the filing of such supersedeas bond as shall be required to prevent levy or judgment against the City during such appeal or appeals. Section 7. TERMINATION. In the event the Company violates any of the provisions of this Ordinance, unless such violation results from a cause beyond the Company' s control; the Company shall cease to operate the System within the City for any consecutive period of 365 days during the life of this Franchise, except for causes beyond the Company' s control; or the Company is precluded by governmental authority from charging the franchise fee provided in this Ordinance to its customers and it provides the City with written notice of its desire to terminate this Franchise, the City, at its option, may forthwith declare a forfeiture and termination of, and revoke and cancel all rights granted under this Franchise, provided that, prior to such termination by the City resulting from a violation by the Company of any of the provisions of this Ordinance, the Company shall be served by the City with a written notice setting forth all matter pertinent to such violation, and describing the action of the City with respect thereto. The Company shall have sixty (60) days after service of such notice within which to cure the violation, or within which to present a plan, satisfactory to the City, acting reasonably, to accomplish the same. In the event of such termination, the Company shall, within a reasonable time following demand by the City, remove or abandon the System and take such steps as are necessary to render every portion of the System remaining within the public rights-of-way of the City safe, and shall thereupon be deemed to have abandoned same in its entirety; and the same shall thereupon become the sole property of the City without payment to the Company. Section 8. COMPLIANCE WITH STATE AND FEDERAL LAWS Notwithstanding any other provision of this Franchise to the contrary, the Company shall at all times comply with all laws, rules and regulations of the State of Florida and the federal government and any administrative agencies thereof. If any state or federal law, rule or regulation shall require or permit the Company to perform any service, prohibit the Company from performing any service in conflict with the provisions of this Franchise or affect, in any way, the provision of services provided by the Company, then, immediately following knowledge thereof, the Company shall notify the City in writing of the point of conflict believed to exist between such state or federal law, rule or regulation and this Franchise or any ordinance, rule, regulation or charter provision of the City. If the City determines that a material provision of this Franchise does in fact conflict with such law, rule or regulation, it shall have the right to unilaterally amend any provision of this Franchise to such reasonable extent as may be necessary to carry out the full intent and purpose of this Franchise. 9

12 Section 9. F AlLURE TO ENFORCE FRANCHISE. The Company shall not be excused from complying with any of the terms and conditions of trus Ordinance by any failure of the City, upon any one or more occasions, to require the Company's performance or compliance with any one or more of such terms or conditions. Section 10. SEVERABILITY. If any part of this Ordinance shall be declared unconstitutional or invalid, the remaining provisions shall remain in full force and effect. Section 11. EFFECTlVE DATE; ACCEPTANCE. This Ordinance shall take effect May I, 2015 provided that the Company shall signify its acceptance of the Franchise hereby granted, in writing, within thirty (30) days from the date this Ordinance is duly adopted, and approved by the Mayor of the City of Tampa, the Company's acceptance of said Franchise being a condition precedent to taking effect of the provisions of this Ordinance. Further, the Company's acceptance trus Franchise constitutes an express waiver of any right of the Company to object to the reasonableness or legality of any of the provisions of this Franchise, or the right or authority of the City to impose any of the obligations provided for in this Franchise on the Company. Section 12. HEADINGS. All headings in this Ordinance are inserted for convenience only and shall not affect the construction or interpretation of this Ordinance. PASSED AND ORO~IQ'fEI> FLORIDA, ON, A ~KI z 2 ~ fs THE CITY COUNCIL OF THE CITY OF TAMPA, ATTEST: ~~-;!QpwJw -CH-AIRM_A_N--+- v CITY COUNCIL / :~~~~~..:i+.m-, - APPROVED BY ME ON APR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: :i~khrmay~ l.._ E/S SALVA TORE TERRITO CHIEF ASSIST ANT CITY ATTORNEY 10

13 I II ORDINANCE NO f(3 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3708 WEST CASS STREET AND 3705 WEST CARMEN STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) CG (COMMERCIAL GENERAL) AND RS-50 (SINGLE FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) (WHOLESALE TRADE/DESIGN SHOWROOM, OFFICE, BUSINESS AND PROFESSIONAL AND ALL CG USES); PROVIDING AN EFFECTIVE DATE. 14 WHEREAS, a public hearing as required by law was held in City Council 15 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 16 Tampa, Florida, relating to the rezoning of the real property described in Section 1 17 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 22 OF THE CITY OFT AMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 25 described real property, situate, lying and being in the City of Tampa, County of 26 Hillsborough and State of Florida, more particularly described as follows: 27 LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A), which is presently zoned CG (Commercial General) and RS-50 (Single Family Residential) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (Planned Development) (Wholesale Trade/Design Showroom, Office, Business and Professional and all CG uses), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That said Zoning District Classification is hereby amended and to be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. Section 3. That approval of this rezoning shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site, if applicable. 50 Section 4. That the approval of said rezoning shall not release the Petitioner/Owner from meeting all other applicable sections of the City of Tampa REZI4-5 1 V l -I-

14 1 Code, as such sections relate to the actual permitting and development of the 2 rezoned site. 3 4 Section 5. That, pursuant to Florida Statutes Section , the 5 issuance of this approval does not in any way create any right on the part of an 6 applicant to obtain a permit from a state or federal agency and does not create any 7 liability on the part of the City for issuance of the permit if the applicant fails to 8 obtain requisite approvals or fulfill the obligations imposed by a state or federal 9 agency or undertakes actions that result in a violation of state or federal law. 10 II Section 6. That, pursuant to Florida Statutes Section , all other 12 applicable state or federal permits must be obtained before commencement of the 13 development Section 7. That all ordinances in conflict herewith are repealed to the 16 extent of any conflict Section 8. That if any part of this ordinance shall be declared 19 unconstitutional or invalid by a court of competent jurisdiction, the remaining 20 provisions shall remain in full force and effect. 21 That this ordinance shall take effect immediately upon Section 9. becoming a law. 25 PASS ED AND ORDAINED BY THE CITY COUN 26 TAMPA, FLORIDA ON AP R ATTEST: CHAIRMAN/Ci:±A~~N-t'~=-+EM, CITY COUNCIL ~~Jrtiia~ PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVED by me on BOB BUCKHORN, MAYOR REZ14-51 A_P_R _0_6_2_0_15_ REZ14-51 VI -2-

15 Application for Rezomng CiCyofTampa Land Development Coordination 1 COO North BouleVIIrd Tampa FL (813) (813) 21it-1712 fiix Appf1C8llon Number; RE,Z-14~ Y:GAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE LOTS 63, 64, AND 81, INCLUSIVE, CORRECTED MAP OF MIDWEST SUBDiVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 74, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. File tt. REZ Atlas: ~9. By: LJ-o..t...tr..A Date: o110612o1s

16 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

17 ORDINANCE NO ~ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 6747 AND 6767 SOUTH LOIS AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICA TION(S) IG (INDUSTRIAL GENERAL) TO RM-24 (RESIDENTIAL, MULTIPLE FAMILY); PROVIDING AN EFFECTIVE DATE. II WHEREAS, a public hearing as required by law was held in City Council 12 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 13 Tampa, Florida, relating to the rezoning of the real property described in Section 14 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa 15 Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 20 OF THE CITY OF TAMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 23 described real property, situate, lying and being in the City of Tampa, County of 24 Hillsborough and State of Florida, more particularly described as follows: 25 (Attached hereto and made a part hereof as Exhibit LEGAL DESCRIPTION: A), 29 Which is presently zoned IG (Industrial-General) under City of Tampa Chapter 30 27, be changed to RM-24 (Residential, Multiple-Family), as provided for in 31 Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect 32 said change on the above-described legal description and all information shown 33 thereof shall be as much a part of this ordinance as if such information set forth on 34 said zoning map ofthe City of Tapa was all fully described and set out herein Section 2. That approval of this rezoning shall not release the 37 Petitioner/Owner from meeting the requirements of the City of Tampa's 38 Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site. 41 Section 3. That approval of this rezoning shall not release the 42 Petitioner/Owner from meeting the requirements of the City of Tampa's 43 Concurrency Management System Ordinance at the time of actual permitting and 44 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 47 Petitioner/Owner from meeting all other applicable sections of the City of Tampa 48 Code, as such sections relate to the actual permitting and development of the 49 rezoned site. 50 REZ15-09 v.l

18 Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained before commencement of the 10 development. II 12 Section 7. That all ordinances in conflict herewith are repealed to the 13 extent of any conflict Section 8. That if any part of this ordinance shall be declared 16 unconstitutional or invalid by a court of competent jurisdiction, the remaining 17 provisions shall remain in full force and effect. 18 Section 9. That this ordinance shall take effect immediately upon becoming a law PASSED AND ORDAINED BY THE CITY COUN 23 TAMPA, FLORIDA ON APR ATTEST: i.{/) CHAIRMAN/GHAIRMtU( PRO TEM, CITY COUNCIL ~;;~~ 1 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVEDbymeon APR REZ15-09 REZ15-09 v. l

19 Application for Rezoning City of Tampa Land Development Coordination 1400 North Boulevard Tampa, FL (813) (phone) (813.) (fax) -~pplicatlonnumber. ~ _):.-IS'- D1 LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & DO NOT ABBREVIATE: E)<HIBil. "A"

20 PARCEL 1: A TRACT IN THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSH IP 30 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAID WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, RUN NORTH 69'46'20" WEST ALONG THE NORTH BOUNDARY OF SAID. WEST 112 OF THE SOUTHWEST 1/4 OF SECTION 16, A DISTANCE OF FEET TO A POINT WHICH IS FEET EAST OF THE NORTH AND SOUTH TANGENT ON THE CENTERLINE OF THE MACDILL SPUR RAILROAD TRACK; RUN THENCE SOUTH 00'34'40" WEST, PARALLEL TO SAID TANGENT OF SPUR TRACK A DISTANCE OF FEET TO A POINT OF BEGINNING: FROM SAID POINT OF BEGINNING; CONTINUE SOUTH oo WEST, PARAlLEL TO THE CENTERLINE OF SAID MACDILL SPUR RAILROAD TRACK A DISTANCE OF FEET A POINT WHICH IS 15.0 FEET SOUTH OF THE SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 16; RUN THENCE SOUTH 88"57'1 1' EAST, PARALLEL TO SAID SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, A DISTANCE OF 320.S7 FEET TO A POINT WHICH IS 30.0 FEET WEST OF THE EAST BOUNDARY OF SAID WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, AND WHICH POINT IS ON THE WEST RIGHT OF WAY LINE OF LOIS AVENUE; RUN THENCE NORTH 00"29'10" EAST. PARALLEL TO AND 30.0 FEET WEST OF THE SAID EAST BOUNDARY OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, AND ALONG SAID WEST RIGHT OF WAY LINE OF LOIS AVENUE, A DISTANCE OF FEET TO A POINT WHICH IS FEET SOUTH OF THE NORTH BOUNDARY OF SAID WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16; RUN THENCE NORTH 89"46'20" WEST, PARALLEL TO SAID NORTH BOUNDARY OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, A DISTANCE OF FEET TO THE POINT OF BEGINNING. AND PARCEL 2: THE SOUTH 60 FEET OF THE NORTH 875 FEET OF THAT PART OF THE WEST 112 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 30 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, LYING EAST OF THE CENTERLINE OF THE MACDILL SPUR TRACK OF THE SEABOARD COAST LINE RAILROAD, LESS THE WEST FEET THEREOF, AND LESS THE EAST 30.0 THEREOF FOR RIGHT-OF-WAY FOR LOIS AVENUE LESS LESS OUT PARCEL 1: COMMENCE AT RAILROAD SPIKE MARKING THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 16, THENCE N.89"46'20'W., ALONG THE NORTH LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 16, A DISTANCE FEET, THENCE S.00" 'W., A DISTANCE OF FEET, THENCE S.69"27'26'E., A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE S88"5T49.E. A DISTANCE OF FEET, THENCE S.00"29.10"W.,A DISTANCE OF FEET, THENCE N.88"57"49i'W., A DISTANCE OF FEET, THENCE N.00"29'10'E., A DISTANCE OF FEET TO THE POINT OF BEGINNING. AND LESS OUT PARCEL 2: COMMENCE AT RAILROAD SPIKE MARKING THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 16, THENCE N.89"46'20'W. ALONG THE NORTH LINE OF THE WEST 112 OF THE SOUTHWEST 1/4 OF SAID SECTION 16, A DISTANCE FEET, THENCE S.00" "W., A DISTANCE OF FEET, THENCE S.89"27'26"E., A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE S.88"5T49'E., A DISTANCE OF FEET, THENCE N.00"29.10"E., A DISTANCE OF 2.00 FEET, THENCE N.89"57'49"W., A DISTANCE OF FEET, THENCE S.00"29'1o w., A DISTANCE OF FEET; THENCE S.88 57'49"E., A DISTANCE OF FEET; THENCE N.00"29'10"E., A DISTANCE OF FEET, TO THE POINT OF BEGINNING. File #: REZ-11; Atlas: N-9 By: a:..j..,..t. L,... Date: 12117rl014

21 ORDINANCE NO ~ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3308 AND 3319 SOUTH MACDILL AVENUE AND 3319 BA YSHORE BOULEY ARD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT) (SCHOOL) TO PD (PLANNED DEVELOPMENT) (SCHOOL); PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, a public hearing as required by law was held in City Council 13 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 14 Tampa, Florida, relating to the rezoning of the real property described in Section 1 15 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 20 OF THE CITY OF TAMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 23 described real property, situate, lying and being in the City of Tampa, County of 24 Hillsborough and State of Florida, more particularly described as follows: 25 (Attached hereto and made a part hereof as Exhibit LEGAL DESCRIPTION: A), 29 which is presently zoned PD (Planned Development) (School) under City of Tampa 30 Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD 31 (Planned Development) (School), as provided for in Chapter 27, City of Tampa 32 Code, and that the zoning map be amended to reflect said change on the above- 33 described legal description and all information shown thereof shall be as much a part 34 of this ordinance as if such information set forth on said zoning map of the City of 35 Tampa was all fully described and set out herein Section 2. That said Zoning District Classification is hereby amended 38 and to be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. 41 Section 3. That approval of this rezoning shall not release the 42 Petitioner/Owner from meeting the requirements of the City of Tampa's 43 Concurrency Management System Ordinance at the time of actual permitting and 44 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 47 Petitioner/Owner from meeting all other applicable sections of the City of Tampa 48 Code, as such sections relate to the actual permitting and development of the 49 rezoned site. 50 REZ IS-10 VI -1-

22 Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained before commencement of the I 0 development. II 12 Section 7. That all ordinances in conflict herewith are repealed to the 13 extent of any conflict Section 8. That if any part of this ordinance shall be declared 16 unconstitutional or invalid by a court of competent jurisdiction, the remaining 17 provisions shall remain in full force and effect. 18 Section 9. That this ordinance shall take effect immediately upon becoming a law PASSED AND ORDAINED BY THE CITY COUN 23 TAMPA, FLORIDA ON APR ATTEST: CHAIRMAN/~AH~~-+'*~l-J::,M, CITY COUNCIL (~lifljeti~ PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVEDbymeon A_P_R_0 6 _2_01~5 _ BOB BUCKHORN, MAYOR REZ15-10 REZ I5- IO VI -2-

23 Application for Rezoning City of Tampa I.Aind Deve~«tpment Coordination 1400NortiJ Bour.tvard Tampa, FL (813) (phone) (813) t2 (fax) AppllcallonNumber. {?ez-/s --ro File #: Rez-1s-ooooo 1 o Atlas: K-1o By: 'lf-1-. L. L,- Date: LEGAL D&SCRIPTION fuse rag shltt If needed) MUST II TYPED Be DO NOfAifiiiUVIAJE: THENORTHIAST 1/4 OFTHENORTttEAST 1/40FTHiEs0uTHWEST1140FSECTION 34, TOWNSHIP 29 SOUTH, RAN4iE 18 EAST; LESS THE QIGHT..OF-WAY OF THE PLANT INVESTMENT COMPANY, AND SUBJECT TOTH&RESERVAnONS FOR STREETS INTHE DEED FROM JAMES. M.WATROUS TOMARnN B. DAVIDSON. RECORDED IN DEED BOOK 15, PAGE 26$ MID QE 1) FftQM p.tar'nn B. DAVIDSON TO PETER GRAH~ RICORDID IN DEED BOOK 24, PAGE 152 OF THE JiUSLICRECOROSOF IIU.SBOROUGH COUNTY, FLORIDA. AND AL$0: LOTS 1, 2 AND!1, AND WATER LOTS 1, 2 AND SOP MIRA-MAR SUBDIVISION ACCORDING TO THIMAPOR PLATTHEREQF RECORDED INPLATBOOK 5,P.AGESO,Pli8LIC RECORDSOFHIWBOitOUGH COUNTY, FLORIDA.. AND ALSO: THE NORTH 82 1/2 FEET AND THE SOUTH 82 1/2 FEET Of A STRIP OF LAND LYING EAST OF, AND ABUTnNG ON, SAID LOT 1 OF MIRA-MAR SUBDIVISION. BOUNoEO ON TIE EAST BY THE WEST UNE OFTHEBOULEVARO,ANoBEING 9FEET WIDE, MORE OR LESS, EASTANDW.ST, AHDDESIGNATED ON THE PLAT OF MIRA-MAR SUBDIVISION AS SIDEWALKS AND GRASS PLOT. AND ALS01 THE STRIP OR STRIPS OF LAND LYING EAST OF AND A8urtiNG ON, SAID LOTS 2 AND 3 OF MIRA-MAR SUBDIVISION, BOUNDED ON THE EAST BY THE WEST UNB OF THE BOULIVARD, AND BEING 9 FEET WIDLMORE OR LESS, EASTANDWEsT,AND DESIGNATEDONTHE PLATOFMIRA MAR SUBDIVISION AS SIDEWALKS AND GRASS PLOT. AND ALSO: LOTS , 26, 27 AND 28 OF THE REVISED MAP OF UNIT #1 QOF BEL-MAR SUBDIVISION ACCORDING TOTHEMAPOR PLATTHEREOFRECORDED INPLATIOOK18,PAGE 4,PUBLIC RECORDSOF HLLSBOROUGH COUNTY, FLORIDA. ANDALSO:LOTSt5,9d,97,9$,99, 100ANDTHENORTH 20FEETOFLOT101,0FTHE REVISED MAPOF UNIT #10 OF BEL MAR SUBDIVISION ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT 80'* 18, PAGE 4, PUBLIC RECORDS OF HIWBOROUGH COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF A VACATED ALLEY PER ORDINANCE NUMBER 2504-A AS RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 173 OF THE PUBLIC RECORDS Of HILLSBOROUGH COUNTY, FLORIDA LYINGEASTOFANDADJACENT TOLOTS USS THE SOUTH 20FEETOFLOT101,8EL MAR UNIT NQ. 10 AS RECORDED IN PLAT BOOK 18, PAGE 4 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. LESS AND EXCEPT: THE WEST 10 FEET OF THE EAST 30 FEET OF THE NORTH 960 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 18 EAST, PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. a Ei<HIBIT "A"

24 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

25 II ORDINANCE NO ~ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 921 WEST KENTUCKY A VENUE AND 4105 NORTH OAKDALE AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM PD PLANNED DEVELOPMENT (RESIDENTIAL, SINGLE FAMILY ATTACHED AND SEMIDETACHED) TO RS-60 (RESIDENTIAL, SINGLE FAMILY); PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, a public hearing as required by law was held in City Council 13 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 14 Tampa, Florida, relating to the rezoning of the real property described in Section 15 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa 16 Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 21 OF THE CITY OF TAMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 24 described real property, situate, lying and being in the City of Tampa, County of 25 Hillsborough and State of Florida, more particularly described as follows: 26 (Attached hereto and made a part hereof as Exhibit LEGAL DESCRIPTION: A), 30 Which is presently zoned PD Planned Development (Residential, Single Family 31 Attached and Semidetached) under City of Tampa Chapter 27, be changed tors (Residential, Single Family), as provided for in Chapter 27, City of Tampa 33 Code, and that the zoning map be amended to reflect said change on the above- 34 described legal description and all information shown thereof shall be as much a 35 part of this ordinance as if such information set forth on said zoning map of the 36 City of Tapa was all fully described and set out herein Section 2. That approval of this rezoning shall not release the 39 Petitioner/Owner from meeting the requirements of the City of Tampa' s 40 Concurrency Management System Ordinance at the time of actual permitting and 41 development of the rezoned site Section 3. That approval of this rezoning shall not release the 44 Petitioner/Owner from meeting the requirements of the City of Tampa's 45 Concurrency Management System Ordinance at the time of actual permitting and 46 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 49 Petitioner/Owner from meeting all other applicable sections of the City of Tampa 50 Code, as such sections relate to the actual permitting and development of the rezoned site. REZIS-12 v.l

26 Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained before commencement of the I 0 development Section 7. That all ordinances in conflict herewith are repealed to the 13 extent of any conflict Section 8. That if any part of this ordinance shall be declared 16 unconstitutional or invalid by a court of competent jurisdiction, the remaining 17 provisions shall remain in full force and effect Section 9. That this ordinance shall take effect immediately upon 20 becoming a law PASSED AND ORDAINED BY THE CITY COUNCIL 23 TAMPA,FLORIDAON APR ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVEDbymeon A_PR 0_6 20_15_ L REZ15-12 REZ15-12 v.1

27 Application for Rezoning City of Tampa Land O.velopment Coordination 1400 Nor111 Boulevard Tampa Ill 33&07 (813) (813) fak Application Numblll': REZ LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & 00 NOT ABBREVIATE THE EAST 30 FEET OF LOT 13AND THE WEST 30 FEET OF LOT 14, BLOCK 11, MAP OR PLAT ENTITLED NORTH RIVERSIDE, AS RECORDED IN PLAT BOOK 1, PAGE 134, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. NO THE EAST 30 FEET OF LOT 12 AND THE WEST 30 FEET OF LOT 13, BLOCK 11, MAP OR PLAT ENTITLED NORTH RIVERSIDE, AS RECORDED IN PLAT BOOK 1, PAGE 134, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. File #: RCZ-1s-coooo12 Atlas: G-11. By: ~..4. frd. Date: o14 EXHIBIT "A 9 ~

28 ORDINANCE NO ~ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3705 WEST CARMEN STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM RM-16 (RESIDENTIAL, MULTI-FAMILY) TO RM-24 (RESIDENTIAL, MULTIPLE FAMILY); PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, a public hearing as required by law was held in City Council II Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of I2 Tampa, Florida, relating to the rezoning of the real property described in Section I3 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa 14 Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 19 OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following 22 described real property, situate, lying and being in the City of Tampa, County of 23 Hillsborough and State of Florida, more particularly described as follows: 24 LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A), 28 Which is presently zoned RM-16 (Residential, Multiple-Family) under City of 29 Tampa Chapter 27, be changed to RM-24 (Residential, Multiple-Family), as 30 provided for in Chapter 27, City of Tampa Code, and that the zoning map be 3I amended to reflect said change on the above-described legal description and all 32 information shown thereof shall be as much a part of this ordinance as if such 33 information set forth on said zoning map of the City of Tapa was all fully 34 described and set out herein Section 2. That approval of this rezoning shall not release the 37 Petitioner/Owner from meeting the requirements of the City of Tampa's 38 Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site. 41 Section 3. That approval of this rezoning shall not release the 42 Petitioner/Owner from meeting the requirements of the City of Tampa's 43 Concurrency Management System Ordinance at the time of actual permitting and 44 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 47 Petitioner/Owner from meeting all other applicable sections of the City of Tampa 48 Code, as such sections relate to the actual permitting and development of the 49 rezoned site. 50 REZIS-24 v. I

29 Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained before commencement of the I 0 development. ll 12 Section 7. That all ordinances in conflict herewith are repealed to the 13 extent of any conflict Section 8. That if any part of this ordinance shall be declared 16 unconstitutional or invalid by a court of competent jurisdiction, the remaining 17 provisions shall remain in full force and effect Section 9. becoming a law. That this ordinance shall take effect immediately upon 22 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 TAMPA, FLORIDA ON APR ATTEST: e-lva/~ L.l-t CHAIRMAN/CIIAiru.f:AN PRO TEM; CITY COUNCIL ~~ APPROVEDbymeon A_P_R_0_6 20_15 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY REZ15-24 REZ15-24 v.l

30 Application for Rez".1ing City of Tampa land Development Coordination 1400 North Boulevard Tunpa Fl (813) (813) fax App5catlon Number: REZ !1024 LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & DO NOT ABBREVIATE LOTS 61 AND 62, INCLUSIVE, CORRECTED MAP OF MIDWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 74, OF THE PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA File#: REZ-t5.ooooo24 Atlas: r-eg By: ~r.oo~- ".if,...c Date: ot.w201s

31 X" t~\ ~ After Recording, Return to: City of Tampa Office of the City Clerk 315 East Kennedy Blvd Old City Hall, 3 rd Floor Tampa, Florida Ref: VAC15-<>4 ORDINANCE NO AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS 17TH STREET LYING NORTH OF 12TH AVENUE AND SOUTH OF INTERSTATE 4 AND AN EAST WEST ALLEYWAY LYING NORTH OF 12TH AVENUE, SOUTH OF INTERSTATE 4, EAST OF 16TH STREET AND WEST OF 17TH STREET, IN LA CASA SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, AND LEGALLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN EASEMENT RESERVATIONS, COVENANTS, CONDITIONS AND RESTRICTIONS MORE PARTICULARLY SET FORTH HEREIN; APPROVING A REQUEST TO IMPACT A VITRIFIED BRICK STREET SUBJECT TO CONDITIONS MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number VAC15-04 has been submitted by lntown/framework Group LLC (hereinafter "Petitioner"), asking that certain rights-of-way described in Section 1 hereof be vacated, closed, discontinued and abandoned; and, WHEREAS, in conjunction with the present petition to vacate the rights-of-way described in Section 1 hereof, Petitioner has submitted an associated request to displace, remove, or otherwise impact the vitrified brick street portion of said rights-of-way pursuant to City of Tampa Code Section (e)(2); and WHEREAS, City Council, having held a public hearing to review the need to displace, remove, or otherwise impact the vitrified brick street and alternatives to such impact, and having been presented with competent and substantial evidence on the merits of the request, finds that the requested impact should be approved subject to the conditions set forth in Section 2 below; and WHEREAS, City Council, having duly held two public hearings and having been presented with competent and substantial evidence on the merits of the vacating petition, finds that vacating the subject rights-of-way with conditions set forth below is in the general public interest, and that all requirements provided by law have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the rights-of-way more particularly described in Exhibit "A"', attached hereto and made a part hereof, be and the same are hereby vacated, closed, discontinued and abandoned, and that the right of the City of Tampa and of the public in and to same are hereby renounced, released, and disclaimed, subject, however, to the following easement reservations:

32 1 a. Permanent Verizon Easement: A permanent, non-exclusive easement in, on, 2 under, over and across the entire length and width the rights-of-way vacated hereby, as 3 described in Exhibit "A" attached hereto and incorporated herein by this reference for the 4 use and benefit of Verizon Florida, Inc., and its successors or assigns for the installation, 5 operation, repair, reconstruction and maintenance of and access to telecommunication 6 facilities ("Permanent Verizon Easement"). Said Permanent Verizon Easement is reserved for 7 facilities either principally used for, or appurtenant to, furnishing telecommunication services 8 installed or located on, beneath or above the surface of the land subject to this Permanent 9 Verizon Easement, and shall include full right of ingress and egress thereto and over, across, 10 under and through the Permanent Verizon Easement. Unless otherwise agreed to by the 11 Petitioners and Verizon, any relocation of Verizon facilities at the request of Petitioners shall 12 be at the sole cost and expense of Petitioners. No improvements or buildings, permanent or 13 temporary (other than pavement and curbing), shall be constructed and no landscaping 14 (other than grass and low shrubbery) shall be installed on the land subject to this easement b. Permanent City of Tampa Water Easement: A permanent, non-exclusive utility 17 easement in, on, under, over and across the entire width and length of a portion of the rights- 18 of-way vacated hereby, as described in Exhibit "B" attached hereto and incorporated herein 19 by this reference for the use and benefit of the City of Tampa, Water Department, and its 20 respective successors or assigns for the construction, installation, operation, repair, 21 reconstruction and maintenance of water facilities, including without limitation, potable 22 water lines, mains, meters and appurtenances thereto ("Water Easement"). Said Water 23 Easement is reserved for all water facilities described above that are now existing or are 24 hereafter installed or located on, beneath or above the surface of the land subject to this 25 Water Easement and shall include a full right of ingress and egress thereto and over, across, 26 under and through the length and width of the Water Easement. No permanent or temporary 27 structures (other than pavement or curbing) shall be allowed to be constructed on, in, over or 28 under, and no landscaping (other than grass and small shrubbery) shall be allowed to be 29 planted on the land subject to this Water Easement. In connection with any repair, 30 maintenance, construction and reconstruction activities conducted by the City of Tampa 31 Water Department on or in the land subject to this Water Easement, the City of Tampa shall 32 only be required to return any excavated areas to finish grade and to restore any paving 33 disturbed to the quality of pavement that meets the minimum standards of the City of Tampa 34 for public rights-of-way. The City of Tampa shall have no responsibility or liability to restore 35 any private structures, buildings, improvements or landscaping disturbed or damaged as a 36 result of such construction, repair, maintenance, or reconstruction activities. Any relocation 37 of water facilities at the request of Petitioner shall be at the sole cost and expense of 38 Petitioner c. Permanent TECO Easement: A permanent, non-exclusive easement in, on, 41 under, over and across the entire length and width of a portion of the rights-of-way vacated 42 hereby, as described in Exhibit "B" attached hereto and incorporated herein by this reference 43 ("TECO Easement") for the use and benefit of Tampa Electric Company ("TECO"), and its 44 successors or assigns for the installation, operation, repair, reconstruction and maintenance 45 of and access to facilities for the transmission of electricity. Said TECO Easement is reserved 46 for facilities which are installed or located on, beneath or above the surface of the land 47 subject to this easement and are either principally used for, or appurtenant to, furnishing the 48 transmission of electricity. Said TECO Easement shall further include full right of ingress and 49 egress thereto and over, across, under and through the easement Section 2. Brick Street Impact; Removal and Re-use: That the request to 52 displace, remove, or otherwise impact the vitrified brick street portion of the right-of-way 2

33 1 legally described in Exhibit "A" is hereby approved, subject, however, to the following 2 conditions: 3 4 (a) Petitioner is hereby authorized to re-use all brick and granite curbing removed 5 from the rights-of-way vacated hereby for the construction of new rights-of-way anticipated to 6 be partially or wholly located within and/or proximate to the existing rights-of-way vacated 7 herein. The removal, transportation, storage and reinstallation of said bricks and granite 8 curbing shall be at the sole cost of Petitioners. Any vitrified brick and granite curbing that 9 has been approved for removal and is not used in the construction of new right-of-way as 10 contemplated herein, shall, at Petitioner's sole cost and expense, be cleaned, palletized, and 11 delivered to a location designated by the City of Tampa Transportation Division (Right of Way 12 Operations), for future use by the City of Tampa in accordance with City of Tampa Code 13 Section (f) (b) Petitioner is not authorized to pave over any of the brick and granite curbing 16 located within the rights-of-way vacated hereby. Should Petitioner elect to pave the rights-of- 17 way vacated herein instead of removing and re-using the brick and granite curbing, Petitioner 18 shall, at its sole cost and expense, remove said materials and clean, palletize and deliver 19 them to the City as required by City of Tampa Code Section (f) prior to commencing 20 any paving activities Section 3. Condition Subsequent/Effective Date of Vacation: The vacation of 23 said rights-of-way is expressly conditioned upon compliance with and fulfillment of the 24 following additional terms and conditions subsequent, which shall be deemed covenants 25 running with the land: (a) Effective Date: This Ordinance and the vacation of the right-of-way shall take 28 effect immediately upon becoming a law ("Effective Date") (b) This ordinance shall be deemed null and void if development has not 31 physically commenced on the property within five (5) years of the effective date of this 32 ordinance. In the event this ordinance expires on account of failure by the Petitioner or 33 successor to commence development, then the rights-of-way vacated hereby shall 34 automatically revert in status to City of Tampa rights-of-way Section 4. Release of Easements: Any or all of the easements reserved herein 37 may be released by the City of Tampa, or by submitting a request for Release of Easement 38 with the City in that manner prescribed by the Standard Requirements and Procedures 39 maintained by the City of Tampa Planning and Development Department, or as may 40 otherwise be provided by law. The City shall review any properly submitted request for 41 Release of Easement, but shall only grant the Release upon an affirmative conclusive 42 determination by the City that the Easement is no longer required for the reserved purpose. 43 A Release of Easement shall be evidenced by recording in the Office of the Clerk of the 44 Circuit Court of Hillsborough County, Florida Section 5. Title to Underlying Real Property: That if the City of Tampa holds fee 47 title to the right-of-way vacated hereby, or any portion thereof, the vacation of the rights-of- 48 way described in Exhibit "A" attached hereto shall not affect the status of that title. Any 49 transfer of the City of Tampa's fee interest, if any, in the rights-of-way vacated hereby must 50 be negotiated through the City of Tampa's Real Estate Division in accordance with the City of 51 Tampa's Land Disposition Policy as the same may be amended from time to time. 52 3

34 Section 6. Compliance with City of Tampa Landscaping, Tree Removal and Site Clearing Ordinance: That all development of the right-of-way parcels vacated hereby is at all times subject to compliance with City of Tampa Code of Ordinances, Chapters 13 and 27, Landscaping, Tree Removal and Site Clearing, as may be amended from time to time. Section 7. Compliance with Conditions: That the vacation of the rights-of-way described in Exhibit "A" attached hereto is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein which terms and conditions shall be deemed covenants running with the land. In the event that Petitioner fails to comply with these Ordinance conditions, then this Ordinance shall be deemed automatically null and void and the right-of-way shall revert to their former use as public right-of-way. Petitioner shall, at its sole cost and expense, promptly restore the right-of-way to the same condition that existed at the time of the vacating of said rights-of-way. Section 8. Severability: That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Section 9. Recording: That the City Clerk shall record a copy of this Ordinance in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida. Section 10. becoming a law. Effective Date: That this Ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON APR ATIEST: CITY COUNCIL: ~ ~~./ C I f" p f'--1. CITY ERK/D C R CHAIRPERSON/C',HAI~Pia~SOf\1 PEW IEM Prepared by: E/S KATE TAYLOR ASSISTANT CITY ATIORNEY K:\Kate Taylor\RIGHT OF WAY\VAC

35 All of that certain portion of 1 ih Street right-of-way lying East of and adjacent to Lots 1 and 10, Block 103, of LA CASA SUBDIVISION OF YBOR CITY, according to the plat thereof as recorded in Plat Book 1, Page 71 ofthe public records ofhillsborough County, Florida, and lying West of and adjacent to Lots 5 Y2 and 6, Block 102 ofmap OF SCHA WB AND YBOR SUBDIVISION, according to the plat thereof as recorded in Plat Book 2, Page 6 of the public records of Hillsborough County, Florida, lying Southerly of the Southerly right-of-way line of 13th Avenue, as recorded in Official Record Book page 1458, and Official Record Book 12196, Page 583, of the public records of Hillsborough County, Florida, and lying North of the North right-of-way line of lih Avenue, as shown on the aforesaid plats of LA CASA SUBDIVISION OF YBOR CITY and MAP OF SCHWAB AND YBOR SUBDIVISION. AND All that alleyway lying in Block 103, LA CASA SUBDIVISION OF YBOR CITY, as map or plat thereof is recorded in Plat Book 1, Page 71 of the public records of Hillsborough County, Florida. AND All that street intersection common to 17th Street and alleyway lying East of and adjacent to Block 103, of said LA CASA SUBDIVISION OF YBOR CITY, and lying West of and adjacent to Block 102 of said MAP OF SCHWAB AND YBOR SUBDIVISION. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File#: vac-1s-oooooo4 Atlas: H-13 By: ~L. L<p<d Date: o2t1ot2o1s Exhibit "A"

36 CITY OFT AMP A WATER EASEMENT AND TECO EASEMENT All of that certain portion of 1 ih Street right-of-way lying East of and adjacent to Lots 1 and 10, Block 103, of LA CASA SUBDIVISION OF YBOR CITY, according to the plat thereof as recorded in Plat Book 1, Page 71 ofthe public records ofhillsborough County, Florida, and lying West of and adjacent to Lots 5 ~ and 6, Block 102 ofmap OF SCHAWB AND YBOR SUBDIVISION, according to the plat thereof as recorded in Plat Book 2, Page 6 of the public records of Hillsborough County, Florida, lying Southerly of the Southerly right-of-way line of 13th Avenue, as recorded in Official Record Book page 1458, and Official Record Book 12196, Page 583, ofthe public records of Hillsborough County, Florida, and lying North of the North right-of-way line of 12th Avenue, as shown on the aforesaid plats of LA CASA SUBDIVISION OF YBOR CITY and MAP OF SCHWAB AND YBOR SUBDIVISION. AND All that street intersection common to 1 ih Street and alleyway lying East of and adjacent to Block 103, of said LA CASA SUBDIVISION OF YBOR CITY, and lying West of and adjacent to Block 102 of said MAP OF SCHWAB AND YBOR SUBDIVISION. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File #: vac-1s-oooooo4 Atlas: H-13 By: ~L. L,..a. Date: o3to3t2o1s Exhibit "B"