ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 501 AND 503 SOUTH FREMONT AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RM- 16 (RESIDENTIAL MULTI-FAMILY) TO PD (PLANNED DEVELOPMENT, SINGLE-FAMILY ATTACHED); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned RM-16 (residential multi-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, single-family attached), 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 a site development plan dated 09/01/06, 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. 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 Code, as such sections relate to the actual permitting and development of the rezoned site.

2 Section 5. That all ordinances in conflict herewith are repealed to the extent of any conflict. Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY TkiE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON - ATTEST: - CITY COUNCIL ' APPROVED by me on NOV PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: PAM IORIO, MAYOR EIS DONNA WYSONG ASSISTANT CITY ATTORNEY

3 Petition for Special Use II City of Tampa Luld Devrlopmrnt Coodnatlon 306 East Jacluan Swwt 3E Tampa. FL ( or8403 (813) h x EXHIBIT 0-1 I & DO NOT ABBREVIATE : LOTS 7 AND 2. BLOCK 14, NORTH COURIER CITY, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 13 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. EXHIBIT "A"

4 ORDINANCE NO S6 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3613 SOUTH MACDILL AVENUE AND AND WEST EUCLID AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-60 (RESIDENTIAL SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT, SINGLE-FAMILY ATTACHED); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned RS-60 (residential single-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, single-family attached), 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 hlly described and set out herein. Section 2. That said Zoning District Classification is hereby amended and to be controlled by a site development plan dated 09/29/06, 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 PetitionerIOwner 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. 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 Code, as such sections relate to the actual permitting and development of the rezoned site.

5 Section 5. extent of any conflict. That all ordinances in conflict herewith are repealed to the Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND 0RI)AINEDBY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON MV ATTEST: CITY COUNCIL ' PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: APPROVEDby me on NOV /y-,d%-w PAM IORIO, MAYOR EIS JULIA MANDELL COLE ASSISTANT CITY ATTORNEY

6 Petition to Rezone City of Tampa land Development Coordlnatlon 306 East Jackson Str~t, 3E Tampa, FL (813) or 8403 (813) fax.OT 72 LESS N 2.50 FEET* LOT 76, AND LOT 77 OF REVISED MAP OF UNIT NO 9 OF EELMAR A SUBDIVISION IS RECORDED IN PLAT BOOK 14, PAGE 30 OF THE PUBUC RECORDS OF HILLSBOROUGH COUNTY. f LORlDA EXHIBIT W

7 DPWlTrans Queuing Lines ORDINANCE NO s7 AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING THE CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 25, THE CITY OF TAMPA TRANSPORTATION ORDINANCE, ARTICLE I, ADMINISTRATIVE PROVISIONS, DIVISION 111, SECTION 25-48, FEE AUTHORITY AND TYPES; PERMITS; INSPECTIONS; ESTABLISHING AUTHORITY AND CONDITIONS FOR ISSUANCE OF A PERMIT TO INSTALL AND ADMINISTER CROWD MANAGEMENT QUEUING LINES ON PUBLIC RIGHT OF WAY IN THE YBOR CITY HISTORIC DISTRICT; AUTHORIZING THE ESTABLISHMENT OF FEES, FORMS AND PROCEDURES FOR THE PETITION OF A QUEUING LINE PERMIT AND RENEWAL IN THE MANNER SET FORTH IN THE CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 25; PROVIDING CONDITIONS THAT PROTECT AND PRESERVE PEDESTRIAN FRIENDLY DESIGN PRINCIPLES AND COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 (PUB. L ) (ADA), AS AMENDED, PUBLISHED IN VOLUME 42 OF THE UNITED STATES CODE, BEGINNING AT SECTION 12101; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS A. WHEREAS, the City desires to establish site plan, insurance, operations and materials criteria for the permitting and administration of crowd management queuing lines upon public right of way in the Ybor City Historic District; and B. WHEREAS, any person or organization in good standing that complies with the site plan, insurance, operations and administrative requirements set forth in this Code shall be entitled to petition for and obtain a permit to maintain queuing lines over the public right of way; and

8 C. WHEREAS, on August 14,2006 the Hillsborough County City-County Planning Commission conducted a public hearing on this Ordinance, and made a finding that it was consistent with the Tampa Comprehensive Plan; and D. WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, Florida; and E. WHEREAS, all parties in interest and citizens were afforded notice and an opportunity to be heard at said hearings; and F. WHEREAS, the City Council finds that the requirements of law have been met and it is in the best interest of the City to hereby take the following action. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. Recitals. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. Amendment of Chapter 25. That City of Tampa Code of Ordinance, Chapter 25, Article I, Division 3, Fee Authority and Types; Permits; Inspections, Section is hereby amended as follows (strike t&w&s are deletions and underlined text are additions): Sec Permit types. (a) Temporary street closures. (1) Required. When a planned event will cause or require one (1) or more of the following: a. Temporary obstruction of or redirection of normal traffic flow on public right-of-way or traffic control during abnormally high traffic caused by an event; b. City staff involvement before, during or after the event, such as, but not limited to: 1. Planning or consultation; 2. Police officers; 3. Traffic control technicians. (2) May be issued to. Any person. (3) Scope of work. The desired event is permitted after city review and approval of street closures, traffic-control plan approval and payment of all costs anticipated to be incurred by the city. (b) Parade permit. (1) Required. When a planned event will cause or require one (1) or more of the following: a. Temporary obstruction of or redirection of normal traffic flow on public right-of-way or traffic control during abnormally high traffic caused by an event;

9 b. City staff involvement before, during or after the event, such as, but not limited to: 1. Planning or consultation; 2. Police officers; 3. Traffic control technicians. (2) May be issued to. Any person. (3) Scope of work. The desired event is permitted after city review and approval of street closures, traffic-control plan approval and payment of all costs anticipated to be incurred by the city. (c) Nonmotorized vehicle permit. (1) Required. When a nonmotorized vehicle operates upon the public streets of the city, city staff involvement is required before or after the event, such as, but not limited to: a. Planning or consultation; b. Police officers; c. Zoning. (2) ~ a be issued ~ ' to. Any person with a valid and current occupational license. (3) Scope of work. The nonmotorized vehicle is permitted after city review and approval of the proposed route. (4 Queuing on Sidewalk Permit in Ybor City Historic District (1) Required. When an event on abutting private property in the Ybor City Historic District will require the use and management of queuing lines on public right-ofway, provided, however. that the public ri~ht-of-way where the queuing line will be operated is no less than eight (8) feet in width. (2) Eligible Permittee. May be issued to any person or organization in the Ybor City Historic District in good standing with the State of Florida that satisfies the requirements below. (3) Duration of Permit. Each permit shall be valid for one year. unless a shorter period of time is requested by the applicant. Any permit issued hereunder may be revoked or suspended as provided herein. (4) Application Requirements. Each applicant shall present: a) evidence of commercial general liability insurance in the amount of one million dollars ~$1, ) combined single limit each occurrence. All insurance shall remain in effect during the term of the permit, be from companies duly authorized to do business in the State of Florida, provide that the city is an additional named insured as to the operation of the queuing line, permittee shall be responsible for payment of any and all deductibles and shall contain a severability of interest provision. Thirty (30) days' written notice must be given the city of any cancellation or reduction in the policy coverages. b) A Queuing Line Plan that identifies: i) a graphic depiction of the permittees property in relation to the adiacent right of way that shows the permittee's property boundary. points of entry and exit. and location of all existing public improvements. including, but not limited to, benches. fire

10 hydrants, and landscaping. The depiction shall include the distance (in feet) between obiects and property boundary; and, ii) removable queuing line stanchion materials approved bv the city; and, iii) the proposed queuing line plan and pedestrian circulation pattern reserving and depicting a minimum 1.2 meter (4.0 ft) unobstructed pedestrian path and clearance over the right of way, excluding the curb and queuing line area, for non-queuing pedestrian traffic traveling over the right of way; and, iv) compliance with applicable fire code clearance requirement at building entry and exit points for the safe and unobstructed ingress and egress from the building; and, V) if applicable. that the queuing line plan preserves an uninterrupted flow of pedestrian traffic with any other queuing line on adiacent rights of way areas: and, vi) the hours of operation, provided that the queuing line may not be in use for more than eight (8) hours in any 24 hour period. (5) Queuing Line Equipment. All queuing line equipment and stanchions must be removable, not cause an obstruction in the right of way when removed and stored off the right-of-way when not in use. (6) Permit. The official shall issue a queuing line permit to each applicant that satisfies the avplication standards and operation requirements herein. (7) Permit Renewal. Any person or organization to whom a queuing line permit has been issued under the provisions of this article shall be entitled to renew such permit from year to year; provided, however, that such person or organization be and remain in compliance with the provisions of this article and such other applicable ordinances, rules and regulations as shall be enacted or adopted from time to time by the city and shall pay the appropriate renewal fee and apply for the renewal no later than thirtv (30) days prior to the expiration of the permit for which renewal is sought. (8) Permit Suspension; Revocation. Each permit shall be subiect to the following conditions: a) all permits shall be automatically temporarily suspended and the queuing line removed by the permittee upon declaration of a state of emergency, upon the issuance of a tropical storm or hurricane warning or warning of severe inclement weather by the countv and shall stay in effect until the state of emergency is lifted or the severe weather event is over; b) subiect to reasonable notice. a permit may be temporarily suspended by the city for a permitted special event that will include the right-of-way permitted for the queuing line. Said notice shall, at minimum, identifv the date, time and location of the special event as well as the period of temporary suspension of the permit, which shall not exceed the period of the special event. The official may revoke a permit if the permit was issued by mistake of law or fact; the permit was issued upon a false statement or misrepresentation by the applicant; the queuing line is not operated in accordance with the approved queuing line plan or requirements of this chapter; or. payment of the permit fee or renewal fee was not effected due to insufficient funds or similar reason.

11 Section 3. Codification. The publisher of the City's Code of Ordinances, the Municipal Code Corporation, is directed to incorporate the above amendments into the Code of Ordinances. Section 4. Severability. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 5. Conflicts. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 6. Administrative Authority: Upon approval of this ordinance the official shall be authorized to establish fee(s), form(s) and review procedures for the queuing line permit application and renewal process in such manner as provided in the City of Tampa, Code of Ordinances, Chapter 25 City of Tampa Transportation Ordinance. Section 7. Effective Date. That this Ordinance shall take effect immediately upon becoming a law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON NOv 1 6 APPROVED AS TO FORM APPROVED BY ME ON NOV e/s/rolando J. SANTIAGO, ESQ. PAM IOIUO, MAYOR ASSISTANT CITY ATTORNEY K:\RJS\Code Amendments\Sidewalk Queing Pennit\Ordinance.doc

12 AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, CREATING ARTICLE VII OF CHAPTER 26 OF THE CITY CODE RELATING TO GREASE MANAGEMENT; DEFINING TERMS; AUTHORIZING UNIFORM MAINTENANCE AND MONITORING REQUIREMENTS OF FOOD SERVICE FACILITIES FOR CONTROLLING THE DISCHARGE OF GREASE; AUTHORIZING REGISTRATION AND REGULATION OF GREASE HAULERS FOR CONTROLLING THE DISCHARGE OF GREASE; PROVIDING FOR AN APPEAL FOR DENIAL OR REVOCATION OF GREASE HAULER REGISTRATION; AUTHORIZING ESTABLISHMENT OF RATES, FEES AND CHARGES FOR GREASE MANAGEMENT; PROVIDING FOR ENFORCEMENT PROCEDURES AND LEGAL REMEDIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution , adopted by the City Council of the City of Tampa on July 28, 2005, the City of Tampa entered into a Consent Order with the Environmental Protection Commission of Hillsborough County and the State of Florida Department of Environmental Protection effective August 9, 2005; and WHEREAS, the Consent Order provides in pertinent part that the City will prepare and implement a City of Tampa Grease Management Ordinance. The Ordinance shall include requirements for grease discharge into the sanitary sewer system and monetary penalties for non-compliance with the Ordinance. The City shall review resources necessary to enforce the new Ordinance and budget for additional resources, if necessary, and WHEREAS, it is requested by the Wastewater Department to implement the Grease Management Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That Article VII of Chapter 26 of the City of Tampa Code shall be created by adding the language as follows: Article VII. GREASE MANAGEMENT Sec Title

13 This article shall be known and may be cited as the "City of Tampa Grease Management Ordinance." Sec Purpose This article establishes uniform maintenance and monitoring requirements for controlling the discharge of grease from food service facilities discharging into the City's treatment works and for regulation of grease haulers operating within the City limits. The objectives of this Ordinance are: To prevent the introduction of excessive amounts of grease into Tampa's treatment works. To prevent clogging or blocking of the City's sewer lines due to grease build-up causing sanitary sewer overflows onto streets, into stormwater systems or waterways and into residences and commercial buildings, resulting in potential liability to the City. To prevent maintenance and odor problems at wastewater pumping stations due to grease build-up. To implement a process to recover costs for any liability incurred by the City for damage caused by grease blockages resulting in sanitary sewer overflows. To establish fees for the recovery of costs resulting from the program established herein. Sec Applicability To register grease haulers operating within the City of Tampa. To establish enforcement procedures for violations of this article. (a) (b) (c) The provisions of this article shall apply to all food service facilities discharging into the City's treatment works and to all grease haulers doing business within the City of Tampa. Where there is a conflict between this article and the Florida Building Code - Plumbing, as amended (current edition), the Florida Building Code - Plumbing, as amended (current edition) shall be applicable. The City of Tampa currently regulates the improper discharge of grease into water or wastewater pursuant to the Technical Services Manual, August 1998 edition, on file in the Office of the City Clerk which has the full force and effect of an Ordinance pursuant to Section of the City of Tampa

14 Code. Where there is a conflict between this article and the Technical Services Manual, as amended, this article shall be applicable. Sec Definitions For the purposes of this article, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings: Director means the Director of the Wastewater Department or his or her designee. Food service facility or facility means any business or food service facility which prepares and/or packages food or beverages for sale or consumption. This does not apply to private residences. Food service facilities may include, but are not limited to, food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, meat markets, hospitals, hotels, nursing homes, churches, schools, cafeterias, delicatessens, coffee shops, concession stands and all other food service facilities not specifically listed above. Food service facility owner or owner means in the case of individual food service facilities, the owner or proprietor of the food service facility. Where the facility is a franchise operation, the owner of the franchise is the responsible person or entity. Where the facility is owned by a partnership, corporation, or other type of business entity, the individual who is authorized to legally act on behalf of the business entity under Florida State law shall be the responsible person. Where two or more food service facilities share a common grease interceptor, the owner shall be the individual who owns or assumes control of the grease interceptor or the property on which the grease interceptor is located. Owner shall also mean his or her duly authorized representatives, employees or agents. GMP inspector means a member of the staff of the City's Grease Management Program, designated by the Director to enforce the City of Tampa Grease Management Ordinance. Gray water means all liquid contained in a grease interceptor that lies below the floating grease layer and above the food solids layer. Grease means a material either liquid or solid, composed primarily of fats, oils or grease from animal or vegetable sources. Grease hauler means a person who collects the contents of a grease interceptor or trap and transports it to an approved recycling or disposal facility. Grease interceptor means an interceptor whose rated flow exceeds 50gpm or has a minimum storage capacity of 750 gallons or more and is a device located underground and outside of a facility. It is designed to collect, contain or remove

15 food wastes or grease from the wastewater while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity. Grease trap means an interceptor whose rated flow is 50gpm or less and is a device located inside a facility andlor under a sink designed to collect, contain, or remove food wastes and grease from the wastewater while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity. Notice of Violation (NOV) means a written notice informing a food service facility owner or grease hauler that a violation of the City of Tampa Grease Management Ordinance has occurred. Registered hauler means a grease hauler registered with the City of Tampa in accordance with this article who is authorized to perform inspection, cleaning, and grease disposal for food service facilities. Sanitary facilities mean bathrooms, bathroom fixtures, bathroom groups, hand sinks or other similar fixtures or facilities. Treatment Works mean any part of the City's wastewater system as defined in Section of the City of Tampa Code. Sec Authority (a) (b) Pursuant to Sections 1-14 and 26-5(3) of the City of Tampa Code, the Director, or his or her designees shall have the power, duty and responsibility to administer and enforce the provisions of this article. Pursuant to Chapter 9 of the City of Tampa Code and Chapter 162, Florida Statutes, the Director or his or her designees, such as GMP inspectors, shall have full authority and be designated as code inspectors. Sec Facility Inspections (a) Entry. Pursuant to Section 1-16 of the City of Tampa Code, each facility shall allow the Director or his or her designee's the right of entry upon real property for the purpose of inspection, observation, records examination, measurement, and sampling in accordance with the provisions of this article. (b) Inspections. The GMP inspector shall inspect food service facilities on either an unannounced or scheduled basis to verify continued compliance with the requirements of this article. The GMP inspector shall inspect all grease traps or interceptors, plumbing connections, the logbook and file, other pertinent data or take samples as necessary. The GMP inspector shall record all observations in a written report. Any deficiencies shall be noted, including but not limited to:

16 Failure to properly maintain the grease interceptor or trap in accordance with the provisions of this article. Failure to report changes in operations, or wastewater constituents and characteristics. Failure to maintain logs, files, records or access for inspection or monitoring activities. Inability of existing grease interceptor or trap to prevent discharge of grease into the City's treatment works. Any other inconsistency with or violation of this article. (c) Re-inspections. The GMP inspector shall inspect any repairs, replacements or other deficiencies and shall provide written notice of compliance or noncompliance. In the event of continuing noncompliance, re-inspections will be performed. Sec Grease traps and interceptors Permit Required. Any food service facility that intends to erect, install, enlarge, alter, repair, remove, convert or replace any grease trap or interceptor is required by Section "Permits" of the City of Tampa Code to make application to the building official and obtain the required permit. The facility shall submit with its permit application the appropriate design criteria in accordance with the Florida Building Code - Plumbing, as amended (current edition). Requirements. All food service facilities are required to have a grease interceptor or trap properly installed in accordance with any and all applicable requirements of the Florida Building Code - Plumbing, as amended (current edition). (1) New facilities. On or after the effective date of the City of Tampa Grease Management Ordinance, food service facilities which are newly proposed or constructed, or existing food service facilities which will be expanded or renovated to include a food service facility, where such a food service facility did not previously exist, shall be required to install a grease interceptor or trap according to the requirements of the Florida Building Code - Plumbing, as amended (current edition) and to operate and maintain the grease interceptor or trap according to the requirements contained in this article.

17 (2) Existing facilities. Food service facilities existing prior to the date of the City of Tampa Grease Management Ordinance shall be permitted to operate and maintain existing grease interceptors or traps provided their grease interceptors or traps are in good operating condition. The City may require an existing facility to install a new grease interceptor or trap that complies with the requirements of the Florida Building Code - Plumbing, as amended (current edition) or to modifl or repair any noncompliant plumbing or existing grease interceptor or trap when any one or more of the following conditions exist: The facility is found to be contributing grease in quantities sufficient to cause line stoppages or necessitate increased maintenance on the wastewater collection system. Grease concentrations exceed 400 mg/l on wastewater effluent as determined by sampling performed by the GMP inspector. The facility does not have a grease interceptor or trap. The facility has an irreparable or defective grease interceptor or trap. Remodeling of the food preparation or kitchen waste plumbing system is performed which requires a plumbing permit to be issued by the City of Tampa. The facility is sold or undergoes a change of ownership. The facility does not have plumbing connections to a grease interceptor or trap in compliance with the requirements of this article. Plumbing connections. Grease interceptors or traps shall be installed in accordance with Florida Building Code - Plumbing, as amended (current edition). Wastewater fi-om sanitary facilities shall not be introduced into the grease interceptor or trap under any circumstances. Records maintenance. Each food service facility shall maintain a bound logbook in which a record of all interceptor maintenance is entered. Maintenance information shall include, but not be limited to, date and time of the maintenance, estimated gallonage removed from interceptor or trap, any defects in the grease interceptor or trap, details of any repairs required and dates of repair completion, changes in operations, or wastewater constituents and characteristics, receipts from grease haulers, plumbers, parts suppliers, etc., and any other records pertaining to the interceptor. This

18 logbook shall be made available for review upon request. Records shall be maintained for a period of three years. Each facility shall provide, upon request of the GMP Inspector within 10 days, drawings of sufficient detail to depict the plumbing layout of the facility. (e) Grease interceptors. Grease interceptors shall be designed and installed in accordance with the Florida Building Code - Plumbing, as amended (current edition) and shall be operated and maintained as follows: (1) Pumping and maintenance. Each food service facility shall be responsible for the costs of pumping, cleaning, and maintaining its grease interceptor. All food service facilities that have grease interceptors shall utilize a registered grease hauler. Pumping services shall include the complete removal of all contents, including floating materials, gray water, bottom sludge, and solids from the interceptor. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles, and all piping. It shall be the responsibility of the grease hauler to inspect an interceptor during, or immediately after the pumping procedure to ensure that the interceptor is clean and that all fittings and fixtures inside the interceptor are in working condition and functioning properly. If the interceptor is not functioning properly, the grease hauler shall notify the owner in writing. The notice shall include a sufficient description of the malfunction. (2) Interceptor pumping frequency. Each food service facility shall have its grease interceptor pumped according to the following criteria: a. When the settled solids layer exceeds the invert of the outlet pipe (typically eight inches in depth), or; b. When the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the capacity of the interceptor, or; c. When the interceptor is not retaining or capturing oils and greases. (3) Inspection. Grease interceptors shall be inspected by a GMP inspector as necessary to assure compliance with this article. (4) Disposal. Wastes removed from each grease interceptor shall be disposed of at a facility permitted to receive such wastes. Grease, solid materials, or gray water removed from interceptors shall not be returned to any grease interceptor, private sewer line or to any portion

19 of the City's treatment works, except for food service facilities that use a two compartment pump truck where the compartments are fully separate with their own valve system, so there is no cross contamination between the gray water with the solids and grease. With this type of equipment, gray water may be re-introduced back into the interceptor as long as the wastewater effluent grease concentrations do not exceed 400 mgll. Grease traps. Grease traps shall be installed in accordance with the Florida Building Code - Plumbing, as amended, (current edition) and shall meet the following criteria: Flow control device. Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturers rated capacity recommended in gallons per minute for the unit. Each food service facility is responsible for maintaining appropriate flow control devices. Venting. The flow-control device and the grease trap shall be vented in accordance with the Florida Building Code - Plumbing, as amended (current edition). The vent shall terminate not less than six inches above the flood-rim level or in accordance with the manufacturer's instructions. Each food service facility is responsible for maintaining appropriate venting of the grease trap. Cleaning and maintenance. Each food service facility shall be solely responsible for the cost of grease trap cleaning and maintenance. Each facility may contract with a registered grease hauler or it may develop a written protocol and perform its own grease trap cleaning and maintenance procedures. Cleaning and maintenance must be performed when the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the total volume of the grease trap. Each facility shall determine the frequency at which their grease trap shall be cleaned, but all grease traps shall be opened, inspected, cleaned, and maintained at a minimum of once per week. Inspection. Grease traps shall be inspected by a GMP inspector as necessary to assure compliance with this article and to assure proper cleaning and maintenance is being performed. Disposal. Grease and solid materials removed from a grease trap shall be removed by a registered grease hauler unless the grease is in a solid, dry form, mixed with an oil absorbent in an enclosed bag or container, and does not exceed five (5) pounds.

20 (g) (h) Additives. Any chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives, used for the purpose of grease reduction shall, be approved by the GMP inspector prior to their addition to grease interceptors or traps. Applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the City together with a written statement outlining the proposed use of the additive(s). The City may request a sampling port installed by the food service facility at the facility's expense to demonstrate the additive will work. The City, upon evaluation of all of the information received, shall permit or deny the use of the additive in writing. Permission to use additives may be withdrawn by the City at any time. Alternative grease removal devices or technologies. Alternative devices and technologies such as automatic grease removal systems shall be subject to written permission by the Director prior to installation. Permission to use the device shall be based on demonstrated and proven removal efficiencies and reliability of operation. The City may permit these types of devices depending on manufacturer's specifications on a case-by-case basis. The food service facility may be required to furnish analytical data demonstrating grease removal effectiveness, or perform effluent monitoring. Permission to use alternative devices and technologies may be withdrawn by the City at any time. Sec Grease interceptor and trap enforcement. (a) Whenever the GMP inspector determines that a grease interceptor or trap is in need of pumping, repairs, maintenance, or replacement, enforcement shall be as follows: Notice of Violation (TVOV). The GMP inspector conducting the inspection shall immediately notify the food service facility owner that a violation exists and issue the owner a NOV stating the nature of the violation. Inspection and Re-inspection. If a grease interceptor or trap has to be re-inspected because of deficiencies found during a previous inspection, and all of the deficiencies have been corrected, there shall be no charge for the re-inspection. If all of the deficiencies have not been corrected, a re-inspection fee shall be charged to the food service facility. Sampling fees. Fees for any sampling and analysis of wastewater discharges deemed necessary for the protection of the treatment works shall be charged to the food service facility owner in the amount per sampling event.

21 Pump-out and cleaning. A violation involving the lack of proper cleaning and maintenance of a grease trap shall require the food service facility owner to clean out the trap(s) within twenty-four (24) hours of the NOV. If interceptor pumping frequency is not being met, the owner shall be required to have the interceptor pumped out within seventy-two (72) hours of the NOV. Repairs and Replacement. The food service facility owner shall be responsible for the cost and scheduling of all repairs to or replacement of its grease interceptor(s) or trap(s). Repairs and replacements required by a GMP inspector shall be completed within a reasonable time as established in written guidelines prepared by the Director. The time for corrective action shall commence on the date of receipt of the NOV. Written guidelines shall include provisions for time extensions if the owner responds with an acceptable plan for rectifying the situation. Noncompliance. If the food service facility owner continues to violate the provisions set forth in this article, or fails to initiate or complete corrective action in response to a NOV, or a City approved plan to rectify a violation, the Director may pursue one or more of the following options at the Director's sole discretion: a. Pump the grease interceptor and seek reimbursement of the costs from the food service facility owner. b. Assess further inspection fees as provided. c. Terminate sanitary sewer service as provided in Section of the City of Tampa Code. d. Refer any violation by any food service facility or, its owner for enforcement for any or all applicable remedies. Sec Grease haulers. (a) Grease hauler registration. Any person, firm, or business desirous of collecting, pumping, or hauling grease interceptor or trap wastes from businesses located within the City limits shall be required to register with the City. It shall be unlawful for any grease hauler to clean or pump out grease interceptors or traps within the City limits without being registered. Registrations shall be effective for a period of three years. The registration required by the City shall be in addition to any other permits, registrations, or occupational licenses required by federal, state, and local agencies having lawful jurisdiction. The registration is not transferable. The

22 Director shall issue stickers to all City of Tampa registered grease haulers. The stickers shall be displayed in a visible location on all vehicles used to clean interceptors or traps. (1) Application. To register with the City, a grease hauler shall submit a completed application form to the Director. The Director shall approve, deny, or approve with conditions all applications by written notice within forty-five (45) calendar days of the City's receipt of the completed application form. The grease hauler shall be registered prior to providing grease hauling services within the City limits. The application shall require, but not be limited to, the following information: a. List of all trucks or vehicles used to clean interceptors or traps, which include vehicle make, model, year, identification number, color, tank capacity, proof of insurance, and tag number. b. List of all drivers or personnel used to clean interceptors or traps, including proof of valid driver's licenses. c. List of all disposal sites. (2) Information Update. Registered grease haulers shall update application information annually from date of issuance of registration. (3) Registration renewal. An application for registration renewal shall be submitted on the appropriate renewal form at least forty-five (45) calendar days prior to the expiration date of the existing registration by each applicant wishing to provide grease hauling services in the City limits (b) (c) Spill reporting. Any accident, spill, or other discharge of grease, solids or gray water, which occurs within the City, shall be reported to the City of Tampa Wastewater Department by the grease hauler as soon as possible but not longer than twenty-four (24) hours after the incident. The grease hauler shall comply with all procedures and reporting requirements contained in federal, state and local regulations. The grease hauler shall be responsible for all clean-up procedures and costs. Record keeping. Grease haulers shall retain and make available for inspection and copying, all records related to grease interceptor or trap pumping and grease disposal. A City of Tampa grease hauler manifest or

23 approved form shall be required to be signed by the grease hauler certifying the accuracy of the information on the manifest. The manifest shall include, but not be limited to, name, location, date and time of the facility serviced, estimated gallonage removed from interceptor or trap, disposal times, dates, locations, and amounts. These records shall remain available for a period of at least three (3) years. The failure to provide information to the City within ten (10) days of a written request is a violation of this article. Vehicle inspection. Grease haulers shall permit the City to inspect grease hauler's registered vehicles. Disposal. Wastes removed from each grease interceptor or trap shall be disposed of at a grease disposal facility permitted to receive such wastes. Grease, solid materials, or gray water removed from interceptors or traps shall not be returned to any grease interceptor, trap, private sewer line, or to any portion of the City's treatment works, except for food service facilities that use a two compartment pump truck where the compartments are fully separate with their own valve system, so there is no cross contamination between the gray water with the solids and grease. With this type of equipment, gray water may be re-introduced back into the interceptor as long as the wastewater effluent grease concentrations do not exceed 400 mgll. Grease hauler enforcement. Enforcement actions against grease haulers in violation of this article shall be as follows: (1) Notice of violation (NOV). A NOV will be issued to any grease hauler who is found to be in non-compliance with this article. Response to this NOV must be received by the City within ten (10) calendar days of its receipt by the grease hauler. The grease hauler will be required to describe how the violation occurred, verification that the violation has been corrected, and shall provide assurance that steps will be taken to prevent the re-occurrence of the violation. (2) Registration revocation. Any registration issued pursuant to the provisions of this article may be modified, suspended or revoked in whole or in part during its term for cause shown including, but not limited to any one of the following: a. Falsification of any information, b. Discharging any grease, liquid, or solid waste into a non-authorized location, or

24 c. Failing to comply with this article. Sec Fees Fees associated with this article will be established pursuant to the Section of the City of Tampa Code. provisions of Sec Enforcement Search or Inspection warrant. The Director, through the City Attorney, may seek to obtain a search or inspection warrant from the appropriate authority to gain access to a facility for the purposes of inspection and monitoring if such lawful entry under Section (a) of this article has been denied by the owner. Referral to Code Enforcement Board. The Director may enforce the violation of any provision of this Ordinance against an owner or grease hauler, pursuant to and in the manner provided by Chapter 9 of the City of Tampa Code and the provisions of Chapter 162, Florida Statutes. Injunctive and other relie$ The Mayor, through the City Attorney, may file a petition in the name of the City in the Circuit Court of the County or such other courts as may have jurisdiction seeking the issuance of an injunction, damages, or other appropriate relief to enforce the provisions of this article or other applicable law or regulation. Recovery of damages. When the discharge from a food service facility causes an obstruction, damage, or any other impairment to the treatment works, or causes any expense, fine, penalty, or damage of whatever character or nature to the City, the Director shall invoice the owner for same incurred by the City. If the invoice is not paid, the Director shall notify the City Attorney to take such actions as shall be appropriate to seek reimbursement. Remedies nonexclusive. The remedies provided for in this Ordinance are not mutually exclusive. The Director may take any, all, or any combination of these actions against a noncompliant person. Appeal of revocation or denial of grease hauler registration. Any revocation or denial of grease hauler registration may be appealed in accordance with Section 1-19 of the City of Tampa Code. The appellate officer designated to hear these matters shall be the Administrator of Public Works & Utilities Services. The grease hauler shall have fifteen (15) days from receipt of written notice of denial or revocation of the registration to file an appeal. Failure of the grease hauler to file an appeal within the

25 fifteen (15) day time limit shall constitute acceptance of the decision to deny or revoke the registration. Sec Additional Criminal Offenses. (a) (b) Damage to City property. Pursuant to Section 1-21 of the City of Tampa Code, it is unlawful for any person to maliciously, willfully or negligently, break, damage, destroy, deface, tamper with, or remove any city property. FalsiJLing information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be subject to a penalty in an amount not to exceed $500.00, or by imprisonment for not more than sixty (60) days, or by both. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Sec's Reserved. Section 2. That should any part of the Grease Management Ordinance be declared invalid by a court of competent jurisdiction, then the remaining parts hereof shall not in any way be affected by such a determination as to the invalid Part. Section 3. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 4. That this Ordinance shall take effect immediately upon becoming law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON Hov 1 6 ATTEST:

26 APPROVED BY ME ON NOV L /dk*r PAM IORIO, MAYOR Prepared By: Brad L. Baird, Water Department Director (former Wastewater Deputy Director) and Nathan Wade, Wastewater Collection System Manager Approved as to Legal Sufficiency: Catherine R. Ginster Assistant City Attorney

27 Ordinance No AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA PERTAINING, TO GREASE MANAGEMENT PROGRAM; ADDING CHAPTER 26 "UTILITIES", ARTICLE 1. "ADMINISTRATIVE PROVISIONS", SECTION 26-31(k) "UTILITY RATES, FEES AND CHARGES" TO ADD THE CATEGORIES OF WASTEWATER'S GREASE MANAGEMENT PROGRAM SERVICE FOR WHICH RATES AND FEES CAN BE CHARGED; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution , adopted by the City Council of the City of Tampa on July 28, 2005, the City of Tampa entered into a Consent Order with the Environmental Protection Commission of Hillsborough County and the State of Florida Department of Environmental Protection effective August 09, 2005; and WHEREAS, the Consent Order provides in pertinent part that the City will prepare and implement a City of Tampa Grease Ordinance. The Ordinance shall include requirements for grease discharge into the sanitary sewer system and monetary penalties for non-compliance with the Ordinance. The City shall review resources necessary to enforce the new Ordinance and budget for additional resources, if necessary; and WHEREAS, it is requested by the Wastewater Department to implement a schedule of rates, fees, and charges to assist with the administration of the new grease management program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That Section (k) entitled "Grease Management Program rates, fees, and charges" of the City of Tampa Code is hereby created by the addition of the following language: (k) Grease ~anagement Program rates, fees, and charges. The following are the Wastewater Department's fees for administration of the Grease Management Program. (1) Inspection and Reinspection fees; (2) Sampling fees; (3) Pump out fees; (4) Special services not otherwise provided for

28 Section 2. That should any part of the Ordinance be declared invalid by a court of competent jurisdiction, then the remaining parts hereof shall not in any way be affected by such a determination as to the invalid part. Section 3. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 4. That this Ordinance shall take effect immediately upon becoming law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON ATTEST: A be m PAM IORIO, MAYOR Prepared by and approved as to Legal Sufficiency: Catherine R. Ginster Assistant City Attorney

29 ORDINANCE NO ,290 AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA PERTAINING TO THE AMENDMENTS TO CHAPTER 26 "UTILITIES", ARTICLE 1. ADMINISTRATIVE PROVISIONS, SECTION 26-5 (3) "ADMINISTRATIVE AUTHORITY", PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution , adopted by City Council of the City of Tampa on July 28, 2005, the City of Tampa entered into a Consent Order with the Environmental Protection Commission of Hillsborough County and the State of Florida Department of Environmental Protection effective August 9, 2005; and WHEREAS, the Consent Order provides in pertinent part that the City will prepare and implement a City of Tampa Grease Ordinance. The ordinance shall include requirements for grease discharge into the sanitary sewer system and monetary penalties for non-compliance with the ordinance; and WHEREAS, it is necessary to amend Section 26-5(3) entitled "Administrative Authority" to ensure that the Wastewater Department Director has the legal authority as established in Sections 1-1 3, 1-14 and as the designated Official to enforce the ordinance in newly proposed Article VII on the Grease Management Program. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That Article I, Section 26-5 (3) "Administrative authority" is hereby amended by the substitution of the language as follows: (3) For the provisions in Article 111 and Article VII, the director of the Wastewater Department. Section 2. That should any part of the Ordinance be declared invalid by a Court of competent jurisdiction, then the remaining parts hereof shall not in any way be affected by such a determination as to the invalid part. Section 3. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of any conflict.

30 I law. Section 4. That this Ordinance shall take effect immediately upon becoming PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON ATTEST: - APPROVED BY ME ON N au 2 1 2m6 L 6 PAM IORIO, MAYOR Prepared by and approved as to Legal Sufficiency: Catherine R. Ginster Assistant City Attorney

31 After Recording, Return to: City of Tampa Office of the City Clerk 315 East Kenned Blvd Old City Hall, 3' 1 Floor Tampa, Florida Ref: Petition C ORDINANCE NO AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING A CERTAIN RIGHT OF WAY (ALL THAT PORTION OF SPRUCE STREET LYING SOUTH OF BOY SCOUT BOULEVARD, NORTH OF MAIN STREET, EAST OF HESPERIDES STREET AND WEST OF MANHATTAN AVENUE), IN WEST SHORE ESTATES, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA; THE SAME BEING MORE FULLY DESCRIBED IN SECTION 2 HEREOF; RESERVING CERTAIN EASEMENTS AND CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number C has been submitted by James H. Cook, Supervisor, R/W & Mapping, (hereinafter "Petitioner") asking that certain right-of-way described in Section 2 hereof be vacated, closed, discontinued and abandoned; and WHEREAS, City Council, having duly held two public hearings and having been presented with competent and substantial evidence on the merits of the petition, finds that vacating of the subject right-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. Recitals: That the recitals above be and the same are hereby incorporated as if fully set forth herein. Section 2. described as follows: Vacation; Legal Description: That certain right-of-way more particularly Legal description is attached hereto as Exhibit "A" and by reference made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the public in and to same are hereby renounced, released, and disclaimed, subject, however, to the following easement reservations:

32 a. City of Tampa Utilities Easement: A permanent, non-exclusive utility easement in, on, under, over (up to 30 feet from grade as described below) across the entire width and length of the right of way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference for the use and benefit of the City of Tampa, and its respective successors or assigns for the construction, installation, operation, repair, reconstruction and maintenance of public utilities, including, but not limited to potable water lines, mains, meters, sanitary sewer facilities, stormwater drainage facilities and all related appurtenances thereto ("Permanent City Utilities Easement"). Said easement is reserved for all City utilities that are now existing or are hereafter installed or located on, beneath or above the surface of the land subject to this easement and shall include a full right of ingress and egress thereto and over, across, under and through the length and width of the easement. No permanent or temporary structures (other than pavement or curbing) shall be allowed to be constructed within the easement area as defined herein. No landscaping (other than grass and small shrubbery) shall be allowed to be planted on the land subject of this easement unless approved in writing by the City of Tampa Administrator of Public Works or designee. In connection with any repair, maintenance construction and reconstruction activities conducted by the City of Tampa on or in the land subject to this easement, the City of Tampa shall only be required to return any excavated areas to finish grade and to restore any paving disturbed to the quality of pavement that meets the minimum standards of the City of Tampa. b. TECO Easement: A permanent, non-exclusive easement in, on, under over and across a portion of the right of way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent TECO Easement") for the use and benefit of Tampa Electric Company ("TECO"), and its successors or assigns for the installation, operation, repair, reconstruction and maintenance of and access to facilities for the transmission of electricity. Said Permanent TECO Easement is reserved for facilities either principally used for, or appurtenant to, furnishing the transmission of electricity installed or located on, beneath or above the surface of the land subject to this Permanent TECO Easement, and shall include full right of ingress and egress thereto and over, across, under and through the Permanent TECO Easement. Any relocation of TECO equipment within the easement, or removal of TECO equipment from the easement, at the request of Petitioner or successor, shall be submitted to TECO in writing, subject to TECO approval, which shall not be unreasonable withheld, and completed at the sole cost and expense of Petitioner unless otherwise agreed to in writing by TECO and the Petitioner or successor. In the event TECO equipment is removed pursuant to an agreement by the parties, TECO shall notify the City thereof and the City shall promptly record a release of the TECO easement. c. Verizon Easement: A permanent, non-exclusive easement in, on, under, over and across the entire length and width of the right of way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent Verizon Easement") for the use and benefit of Verizon Florida, Inc., and its successors or assigns for the installation, operation, repair, reconstruction and maintenance of and access to telecommunication facilities. Said Permanent Verizon Easement is reserved for facilities either principally used for, or appurtenant to, furnishing telecommunication services installed or located on, beneath or above the surface of the land subject to this Permanent Verizon Easement, and shall include full right of ingress and egress thereto and over, across, under and through the Permanent Verizon Easement. d. Bright House Network Easement: A permanent, non-exclusive easement in, on, under, over and across the entire length and width of the right of way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent Bright House Network Easement") for the use and benefit of Bright House Network ("BHN"), and its

33 respective successors or assigns for the installation, operation, repair, reconstruction and maintenance of and access to cable television facilities. This easement shall include full right of ingress and egress thereto and over, across, under and through the permanent easement. Section 3. Procedure for Release of Easements: The easements reserved herein may be released by the City of Tampa by submitting a request for Release of Easement with the City in such manner as prescribed by the City of Tampa Code of Ordinances, or as may otherwise be provided by law. The City shall review any properly submitted request for Release of Easement, but shall only grant the Release upon an affirmative conclusive determination by the City that the Easement is no longer required for the reserved purpose. Section 4. Brick Preservation; Removal: That if any of the rights of way vacated hereby consist of vitrified brick and granite curbing, then such vitrified brick roads and granite curbing shall remain unaltered unless removal or replacement of the vitrified brick roads and granite curbing are approved pursuant to procedure set forth in the City of Tampa's Transportation Technical Manual, as recently amended by City of Tampa Ordinance No , for public rights of way. If the removal of any vitrified brick and granite curbing are allowed from any of the vacated rights of way, then the party causing said bricks to be removed shall provide, and cause to be delivered, all such vitrified bricks and granite curbing to the City of Tampa, Department of Public Works, Transportation Division (Street Maintenance), for future use by the City of Tampa. Section 5. Title to Underlying Real Property: That the vacation of the right-of-way described in Exhibit "A" attached hereto shall not affect the status of title to that portion of the vacated right-of-way owned by the City of Tampa in fee, if applicable. Any transfer of the City of Tampa's fee interest in the right-of-way vacated hereby must be negotiated through the City of Tampa's Real Estate Division in accordance with the City of Tampa's Land Disposition Policy as the same may be amended from time to time. Section 6. Ordinance Conditions; Associated Rezoning (206-85): That the vacation of the rights-of-way described herein is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein, together with the conditions in Rezoning Petition (rezoning of property at 4410 Boy Scout Blvd.), which terms and conditions shall be deemed covenants running with the land. This ordinance shall be deemed null and void if the development authorized by has not physically commenced on the property within five (5) years of the effective date of this ordinance. In the event this ordinance expires on account of failure by the Petitioner or successor to act on and complete development under the approvals granted for petition the Mayor shall execute and record in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida a Certificate of Non-Compliance in a form acceptable to the City Attorney. The Certificate shall serve as evidence in the public record that the conditions herein have not been complied, the ordinance is expired and the rights of way herein shall revert in status to public right of way upon recording of the Certificate. Section 7. That the vacation of the right of way described in Exhibit "A" hereto pursuant to this Ordinance 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. Section 8. Recording: That the City Clerk shall certify and record a copy of this Ordinance in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida.

34 Section 9. Effective Date: this Ordinance shall take effect immediately upon execution by the Mayor. FLORIDA, ON ATTEST: THE CITY COUNCIL OF THE CITY OF TAMPA, CI Y COUNCIL: f Prepared by: PAM IORIO, MAYOR ROLAND0 J. SANTIAGO, ESQ. ASSISTANT CITY ATTORNEY K.\RJS\Ordinances\Vacating-Encroachment\CO6-0 Ord. (UtilEasement, Perm VZ, BHN,SS,TECO).doc

35 All thot portion of vacoted Spruce Street (Mnois Street) dedlcoted for Right-of-way per West Shore Estates, Plat Book 17, Page 43 of the publlc records of Hillsborough County, Florida, and that portion of vocated Spruce Street dedicated for Right-of-way per Rolond Pork, Plat Book 14, Pogo 13 of the public records of Hillsborough County, Florido and that portion of Lots & 1-9, Block 46 ond Lots 23 and 24, Block 45 and Lots 23 and 24, Block 39 of said West Shore Estates, ocquired for Right-of-way per City of Tampa Resolution 6412-D., and port of Spruce Street and Wellington Avenue vacated per City of Tarnpo Ordinance 3234-A,and a portion of Walnut Street vacoted per O.R. Book 998, Page 237. lying in the S.E. 1/4 of the N.E. 1/4 ond the N.E. 1/4 of the S.E. 1/4, all in Section 17, Township 29 Swth, Ronge 18 East, Hillsborough County, Florido, being more particulary described as follows: For a POINT OF COMMENCEMENT begin ot the Southeast corner of Lot 24, Block 46. West Shore Estates, Plat Book 17, Page 43, Hillsborough County, Florida: thence N. 00'22'05" W, along the Easterly boundary of soid Lot 24 sold boundary also being the West Right-of-Woy line of Manhattan Avenue, a distance of feet to the POINT OF BEGINNING; thence S. 00'22'05" E. olong the West Right-of-way of Manhattan Ave., o distance of feet; thence S. 51'07'02" W., a dlstunce of feet; thence S. 89'37'55' W., a distonce of feet; thence S. 00'22'05" E., a distonce of 5.60 feet; thence S. 89'38'02" W., a distonce of feet, thence N. 00'22'05" W. along on extension of the West boundary line of Lot 13 of said Block 46 of West Shore Estotes, o distance of 5.34 feet; thence S. 90'00'00" W. a distonce of feet; thence N. 01'06'12" W. a distonce of feet, to a polnt of curvature of a curve concave to the Northwest sald polnt also belng on the South Right-of-way of Boy Scout Boulevard, thence along said South Right-of-way of Boy Scout Bouievord Northeasterly olong the arc of said curve o distance of feet, said curve having a radius of feet, a central angle of 03'49'46". a chord length of feet and a chord bearing of N. 7233'07" E.; thence S. 01'06'1ZU E. along the Easterly Vacated Right-of-way of Wellington Avenue, a dlstance of feet; thence N. 89'37'55" E. olong the North Ilne of the South 30' of Block 46 West Shwe Estates per O.R. 1449, PG. 34, olso being the Northerly Right-of-way line of West Spruce Street as it now exists, a distance of feet to the POINT OF BEGINNING of this description. Con tolnhg: 45,626 S.F. 1.O5 acres City of Tampa Right of uay 6 Moppin9 SediOCl KGRC DESCRIPTION I-IPPROVED EXHIBIT A

36 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 1702 WEST KENNEDY BOULEVARD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT, SINGLE-FAMILY ATTACHED, RETAIL, OFFICE) AND CI (COMMERCIAL INTENSIVE) TO PD (PLANNED DEVELOPMENT, SINGLE-FAMILY ATTACHED, RETAIL, OFFICE); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A) 7 which is presently zoned PD (planned development, single-family attached, retail, office) and CI (commercial intensive) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, single-family attached, retail, office), 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 a site development plan dated , 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 PetitionerIOwner 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. Section 4. That the approval of said rezoning shall not release the PetitionerIOwner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site.

37 Section 5. That all ordinances in conflict herewith are repealed to the extent of any conflict. Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON NOV 1 6 m. ATTEST: - 1 APPROVED by me on NOV / " - PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S JULIA MANDELL COLE ASSISTANT CITY ATTORNEY

38 Petition to Rezone " -", -,,,-,,,,-,*,~"---X,,-,,.- ---*,,*--_-I. -.-I,._-...,.,,,,, ',,....-,, ^,. -.._- _.c.!s , 4, and 5,a;ack 2% QD.~%PIN:X, aciording?,3 tfrr: plat fhygaf rcc<!r&d i,- 3313k4, Fag*-,.:;. :$ 9 ppls, &-.;:.., >:.. i;l:,&xr2t~gk,,. I:rjur:ty, F!rrk-ida. toganher with North!: ai the c:,ised &lny ~~b~:.tirig on $kt. i;r;:iih; a.34

39 ORDINANCE NO AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 4410 BOY SCOUT BOULEVARD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT, MIXED-USE) AND OP-1 (OFFICE PROFESSIONAL) TO PD (PLANNED DEVELOPMENT, OFFICE, RESTAURANT, HOTEL); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A) (Attached hereto and made a part hereof as Exhibit which is presently zoned PD (planned development, mixed-use) and OP-1 (office professional) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, office, restaurant, hotel), 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 a site development plan dated , 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 PetitionerIOwner 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. Section 4. That the approval of said rezoning shall not release the PetitionerIOwner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site.

40 Section 5. extent of any conflict. That all ordinances in conflict herewith are repealed to the Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON _ H o w. ATTEST: ' CITY COUNC~L APPROVED by me on NOV PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: EIS JULIA MANDELL COLE ASSISTANT CITY ATTORNEY

41 Petition to Rezone Clty of Tlnrpl Lurd D.vllopmant CoordlnrUon 304 Eut Jaclwn Slroar, 3E T a m FL ~ Lppgl D~scrlDtlon (use semrate sheet If needed) - MUST BE MPED 8 DO NOT AB- - All h t portion of NCO Shot (IIUnoiQ StW] d@dkated for Right-of-way per Wed Shorn Eatotw, Pkt 17, stn#t tw,cotd,or W - o f - w r R&d Porf CM BOO& 14, P I3 of tim p~bvblo w d r of M1 hwfv, &xi& and p&th o Lob 13-24, && 4s md rob%ond 24, 45 Of d d UWf at-, oequcrd for Park -&ad lor Rlght-otWay pu Utv of ~mp Rudutb cnd pad of %mm Din* ad W M ta h n u ~mtd p r ciw of Tampa Wnaa -A, ~ n g me s.e. 1/4 a tb HE. 1/4 and um N.E. 1% he Jpqa o. ear he pug m of Mwomugh camty, RMdo. ad ttmi portron of S ~ M 'Rlqht-ol-Way pr CI of Tompa RuduHon ond that Portlo11 of Ldh 1-5, W 18, Of add W d 1/1, all ln seetian 17, rownshrp 28 South. Range 18 Eat Iflnabmugh Counfy, hrido. bino wtthln the fonowhg drrulb.d boundarkr, to wit. EXHIBIT "A"

42 ORDINANCE NO z9q AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 1908, 1910 AND 1912 NORTH A STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RM-16 (RESIDENTIAL MULTI-FAMILY) TO PD (PLANNED DEVELOPMENT, MULTI-FAMILY - TOWNHOUSE STYLE); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA. FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A) 7 which is presently zoned RM-16 (residential multi-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, multi-family - townhouse style), 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 a site development plan dated , 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 PetitionerIOwner 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. Section 4. That the approval of said rezoning shall not release the PetitionerIOwner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site.

43 Section 5. That all ordinances in conflict herewith are repealed to the extent of any conflict. Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND OF TAMPA, FLORIDA ON COUNCIL OF THE CITY ATTEST: " CITY COUNCIL ' APPROVED by me on NOV PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: DONNA WYSONG ASSISTANT CITY ATTORNEY

44 Petition to Rezone Lots4 Sand 6, Block 7, COUAONEUA. according to the map or platthuofas recorded in Plat Book 2, Page 58 of the pobllc retords of Hllkbomugh County, F brib. EXHIBIT "A"

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