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04/20/1959 .. ~.,"'\'l\_~ '.'" 'f ' "I f CITY COMMISSION MEETING April 20, 1959 The City COlwuissiol1 of' the City of Clear\'1ater met in regular session at the City Hall, Monday, April 20, 1959, at 1:30 P.M. with the following members present: Alex D. Finch James H. ~'/atlcins Herbert R. Fields Amos G. Smith Mayor-Comnussioner Commissioner Conunissloner Conunlssloner Absent: Cleveland Insco, Jr. COllunissloner Also present were: G. vielmer H. H. Baskin, Jr. S. Liclctol1 \'1. ~1ackey Acting City Manager City Attorney City Engineer Asst. Police Chief The Nayor 'caliecfthe illcetingto order'. "'l'he invocation lias given by Dr. Paul ~L Kinsport of St. PauJ.' s Lutheran, Clearwater. Commissioner \'latlcins moved that the minutes of' the meeting o~ April 6th be approved in accordance with copies submitted to each Corrunissioner in 1'lr:Lting subject to the approval of COl1uni ssioner Insco. Motion Vias seconded by Conunission.cr Fields and carried unanimously. Commissioner 'vlatlcins moved Conunissioncr Insco be excused because of illness. Motion was seconded by Conmdssioner Fields and carried unanimously. Conunissioner 8mi th suggested if items were to be talcen up t'lhich I'lore not on the agenda that notice be given at this time. Commissioner Vlatldns said he "'las going to suggest additional rules on the operatj.on of' C:i.ty docl{s at the {,;larina, Seminole Pier and Marina Station. A Public Hearing was announced on the construction of sanitary sewers, pavine, curbs and drainage in Rogers street fronl ~tlssouri to Lincoln. The Engineer stated the estimated cost Nas $8.40 per front foot. The I"layor asked if there l'lere any objections and there were none. Hav:i.ng held this Public Hearing and hcarinr; no valid legal objections, Conunissioner vlatldns moved that the construction of an eight inch sani tary sewer, manholes and appurtenances in Rogers Street from I','lissouri Avenue to Lincoln Avenue and construction of a thirty foot pavement and necessary drainage in Rogers Street from f.fissouri Avenue to Lincoln Avenue be accomplished and that the Ci ty I'<1anager and City Engineer be directed to f'orthwi th proceed \'lith such improvements. ~~tion was seconded by Conmussioner Fields and carried unanimously. The ~1ayor announced a Public Hearing on thc construction or sanitary se'wer f'rom a point 130 feet I'lest of Poinsettia in Juanita i'luy east to Poinsettia and northerly in Poinsettia 220 f'eet. The Clerk read a letter from fI'1I..... Franlc Lenczycki asking for more information and the reply sent to him. The I"1a~Tor asked if there \'lere any objections and there were none. COllunissioner Fields moved that the project on Juanita vlayand Poinsettia Avenue be approved and the proQer officials be authorized to proceed with it on Lots 10,1l,12,13, Replat of Blocks 30 and 81, Manda1ay, and that part of Lot 9, Block B, Mandalay Replat, that it \'/111 serve. f.10tion was seconded by Conunissioner Snll th and carri ed unanimously. A Public Hearing was called on the construction of curbing, widening and drainage on Prescott Avenue from Belleair Road to Belleview Boulevard. The Engineer explained the estimated cost for drainage" widening and curbing '-lQuld be $10,615.00 or $2.92 per front Poot and recomnerlded that the City pay the cost of the resurfacing estimated at $6,500.00. A letter was read from ~w. Lewis B. Hendry protesting the assessment or these improvements to the property ovmers as he believed they should have been covered by the performance bond of the original developer of this area, f-1r. lv. D. Salls. It was explained that ~~. Salls. bond covered only the resurfacing of Prescott Avenue as the street was already paved when accepted into the City, and therefore it was planned for the City to assurae tl~e resurfacing cost at this time. Mr. R. L. Pulling and Mr. J. D. Fowler also objected. It was brought out that the present paving was less than 24 f'eet wide in Some places. Having held this Public Hearing, Conunissioner \'Iatkins moved that since no valid objections have been riled that construction of curbing, 'ddening and necessary drainage in Prescott Avenue from the north paving line of Belleair Road northerly to Belleview Boulevard be approved and that the City pay ror the resurfacing of the entire thirty foot project and that the property owners be charged the dirference between twenty-four feet and thirty feet in the widening, also for the curbing and drainage. Motion was seconded by Conmrlssioner Fields and carried unanimously. Commissioner \vatlcins moved I'lith the unanimous consent of the Conunission to deviate from the agenda to take up Item in -' llDiscussion of Gate Station Locations for Natural Gas Systemll. Motion was seconded by Conmdssioner Fields and carried unanimously. ~~. T. M. v~rdwell, utilities Engineer, stated the proposed gate stations ror the delivery of gas to the City lines from the Houston Texas Gas and Oil Corporation gas main vTould be located at Route 19 and Northeast Coachman Road and at Route 19 and Nursery Road. r~. E. C. ROlfe, chief engineer of Houston Texas Gas and Oil Corporation, reported that his company had two sites under option at these locations, one at a cost of $8,800.00 and the other at a cost of $3,300.00. He asked if' the City would take delivery at these sites and if the City would pay one-half' the cost of the sites in L-_ , l' " :.J t/.:~ t~r:': I.., __ ft~,tf~~li~l,lt(.~, . - ,., 10' ... ~,." {f"')'~l 1:~Jg~ .~;~f.~ l". ,.' ~ ii i ;, I '..\..., ',- ": ;.,,' " ,~, . ,'i..l".' '"1 '., <~ '.. '.~ ; ':" .f:... .' ' ....~ ". '. ",' ," .... ...."": ,."". . . .' ','. .,1 ';":'" ..' ,.-:_ ~..~.,',..,;. .h,....'..".':_;;~,~.:...r~:..:..4'.....'~Jo...... < .','.' < ......, ", ". , ., .... ',,,",,, .J;.".~ .. ...' ... '. ... ..~ .",. . '.. ,,': , ,';1 . ::.'.}~~. :'~~? ..',',.""'r'~ " ' ""''''> , t '-.. ."," '..' ..1 ,~:~ :< .'~::;~:;, ~ '":(l.~:::/.:~.; ':. i/f?:ii'" ""'ll &'~ji~~~ -2- CITY COMNISSION MEETING April 20, 1959 order to be able to install equipment at the Gate stations which would check the metering ot: the gaD beinr; deli vered to the Ci ty. The f.1ayor stated he could not concur in the recorrlIl1endation as to the locations because the Houston company is obligated under the contract to deliver the gas to tho Ci t;y limits as presently existing when the contract was drawn with gate station sites to be mutually agreed upon by the company and the City. Conunissioner Watkins moved that our department head and our engineer come up \'/i th the facts as to where the gate stations are to be located, the cost of' them) \'lhether or not \'le have the necessal'y rights of: way and report back to us, and if they are ready to report, a special ll1eetil1~ will be called for next I"londay. Motion was seconded by Commissioner li'ields and carried unanimously. The Acting City Manager reconullended the acceptance of the low bid of $3,378.50 from Anchor Post Products, Inc., Tarnpa~ for 1,775 feet o~ six feet chain link f:ence and three l5-feet double gates for the MarShall street Sewage Plant. Commissioner Fields moved upon the recon~endation of the City Engineer) utilities Manager, Sewage Plant Superintendent and Assistant Purchasinc Agent that the bid of Anchor Post Products, Tampa, for $3,378.50, this being the lowest and best bid~ be accepted and the proper authorities authorized to execute it. r.10tiol1 vms seconded by Conunissioner Watkins and carried unanimously. The Acting City Manager reported that the 10\'1 bidder on the police summer unif:orms, Hart Cleaners, had requested permissio!~ to withdraw its bid of $1,183.50; therefore) he \'las reconunending that the next 10\'/est bid, that of $1,296.05, be accepted from Martin's Uniform Company, Tampa. Conunissioner vlatkins moved that Mr. Hart of Hart Cleaners be authorized to \'lithdraw his bid. Notion was seconded by Commissioner Fields and carried unanimously. Conunissioner Hatlcins moved that tl1.e contract for police summer uniforms be al'larded to r.lartin's Unif'orm Company, Tampa, in thc sum of *1,296.85 \'lhich is the lowest and best responsible bid, nnd that the appropriate officials of: the City be authorized to execute said contract ,'rhich shall be in accordance with the plans and specifications of the bid. Motion was seconded by Co~)dssioner Fields and carried unanimously. The Acting City l\'ianager recommended accepting the 101'1 bid of :~940. 00 f:rom r.1r. Ray Birkbeck, Dunedin, for construction of storm sel'lers in Juniper Streot from Lantana to Mandalay and north on Bruce from Juniper approximately 100 feet. Comnussioner Fields moved on the recommendation of the City Engineer and Assistant Purchasing Agent that the bid submitted by Ray Birlcbecl{, the lO\'lest and best bid, be accepted and the proper authorities be authorized to execute it. Motion was seconded by Conunissioner Watkins and carried unanimously. Resolution 59-4L~ vlaS pre sented whi ch "lould require nine property o\mers to clean their lots of' weeds and underbrush. Commissioner Watkins moved Resolution 59-44 be passed and adopted and the proper of'ficials be authorized to execute it. Motion was seconded by Cornmdssioner Fields and carried unanimously. The Attorney read Resolution 59-115 which \<{Quld vacate Crest Avenue from the south line of: Jasmine Way south 103 feet to Druid Groves Replat. The Mayor aSked if: there were any objections and there \-'lere none. Commissioner Ivatkins moved Resolution 59-l~5 be passed and adopted and the proper officials be authorized to execute it. Motion was seconded by Con~issioner Fields and carried unanimously. rrhe Attorney reported that Hr. H. L. Coachman had \'lritten asking that the minutes of March 16th concerninr; the cancellation of' a sanitary se\'1cr assessment against Lot 6, Block B, Coachman Heights, be revised and the Attorney recommended deleting the sentence "He indicated the City \'Tas no\'1 aSlcing for a deed to some submerged la.nds west of: the former E. H. Coachman property in order to connect Drew Street extension to Memorial Cause\'lay and that he intended to give the C:L ty a deed to that without charge." COlTuuissioner Watkins moved the minutes be changed to read as recommended by the City Attorney with the approval of COlTlllussioner Insco and that the minutes otherwise stand approved. Motion was seconded by Commissioner Fields and carried unanimously. The Attorney read on its first reading Ordinance 815 which would authorize con- derrmation proceedings against Lots 1,2)14, Block 8, Property of E. H. Coachman, owned by Alfred C. Wyllie, Inc., to use as street right of way for Myrtle Avenue and Drew Street and a parking lot, and also against acreage in Section 16-29-15 owned by Mr. Hayward C. Meyer to be used to extend Drew Street f:rom Osceola Avenue to Clearwater Bay. Conuni ssioner via tlcins moved Ordinance 815 be passed on its first reading. Motion was seconded by Conunissioner Fields and carrJed unanimously. Con~issioner Watkins moved Ordinance 815 be considered on its second reading by title only with the unanimous consent o~ the Commission. Motion was seconded by Commissioner Fields and carried unanimously. The Attorney read the ordinance by title only. Commissioner I'latlcins moved Ordinance 815 be passed on its second reading by title only. Motion was seconded by COlmnissioner Fields and carried unanimously. Conmdssioner Watkins moved Ordinance 815 be conSidered on its third and final reading with the unanimous consent of the Commission. Motion was seconded by Commissioner Fields and carried unanimously. The Attorney read the ordinance. Commissioner Watkins moved Ordinance 815 be passed on its third and final reading and adopted and the proper officials be authorized to execute it. Motion was seconded by Commissioner Fields and carried unanimously. ,',' ~...~ .~~:~~.?'!.f;~~~~~~~~ '. ~5J I i ". i .. " ,. ,." . .. .., '.' .,','''.,:.:' . 'v L ,', , ". -. :,Wil''''~',>!!'~\t(em"..~-'''''''''~ '., '... ',!~",.., "".,. .'. "':' " ".,", ' r'r$",~r,1ifr;:';'1' ','. \Jf~~./, ,'., ,r'tf!~,!r .\,~~~~lj.*':'*W !'N'~~.~,;:!.r.,<<~l.mfi~: ';nz~~'m~' .../",t"'l'l''''~~~' ;'~"fl{'#'f.;p'iWr.if;i<~f.&~~"J .. ';',: /ii~..,:,{",;,' ;?~'f.' ;:"i'{jl~%i'~~~~,'),;: 't~ ':~';!~i(;"" "t~.': . "~ "'/~(;~~~~;~~1);f~~(f~:~~~~~~~~' . t:&"';',' , ;,r'2 "".':J': -3- CITY COMMISSION MEETING April 20" 1959 Resolution 59-46 was presented which would vacate a portion of an alley and part of Gardon Avenue right of way upon request of the E. H. Coachman Estate, owner or a building located on Lot 9 and the east 50 feet of Lot 10, Block J~ J Gould & Ewing's 2nd Addition. The Attorney explained that the Fremsc BUilding encroaches on an alley on the south and also on Garden Avenue sidewallc. The Resolution would authorize the execution of quit claim deeds to the Coachman Estate ~or the encroachments. The Mayor asked if there were any objections and there were none. Commissioner Watkins moved Resolution 59-46 be passed and adopted and the proper officials be authorized to execute it and the City Attorney be authorized to fill in the correct name of the Coachman Estate. Motion 'was seconded by COnurUssioner Fields and carried unanimously. The Attorney reported customary home occupations could not be defined in the zoning ordinance except by submitting to referendum but that the sign ordinance could be revised to make the limitations on signs more strict. In regard to model home signs in residential single family areas, he recommended modifying the sign ordinance to require anyone to obtain a temporary permit ~or ninety days during construction plus six months with one extension of ninety days. Commissioner Watkins moved the City Attorney be authorized to draw up an ordinance to cover these changes. Motion was seconded by Commissioner Fields and carried unanimously. It was suggested that the proposed ordinance be submitted to the Clearwater Realtors Association for comment. The ClerIc reported that the Mayor had requested that the f'ollowing sentence be added to the paragraph in the minutes of March 23rd concerning the installation o~ the Library air conditioning -- IIIn response to a question from the Mayor, Mr. T. R. Yarborough stated he had not suffered any damages by the delay in the work." Commissioner Watkins moved that the minutes be changed to read as so corrected. Motion was seconded by Commissioner Fields and carried unanimously. Commissioner Watkins suggested that the City Attorney be instructed to draw up a set or additional rules to regulate the Marina giving some method to regulate the boats leaving the Marina when the storm warning 1s up. By consent, the Attorney was so instructed. There being no further business, the meeting was adjourned at 5:25 P.M. Attest: C .' . " .' , ..",-- '" ,,~,,~;.~ ""~r''''''''''''''''''''':''_~''''!J;I"",';;i'<'!I'''''~~'''! ~,...'<JT,l'.~,~,~,; ,..",..., ,I,. ~.,; '." " .',' ::,:;';.t"~" ;'!~:::~:=t=]~~:~t~~~=:!~~iE~~~!:~'~:~~;:!;:~;:~~~~'" (p53 CITY COMMISSION MEETING April 20, 1959 AGENDA CITY COMMISSION MEErING APRIL 20, 1959 1 : 30 P. M. Publio Hearings 1. San. Sewers, Paving and Drainage In Rogers st. from Missouri to Lincoln 2. San. Sewers in Juanita Way & Poinsettia 3. Curbing, Widening and Drainage in Presoott Ave. from Belleair to Be1leview Invooation Introduct:1ona Minutes o~ Preceding Meetings PUblic Hearings Reports of City Manager Reports of city Attorney Citizens to be Heard Other CommisSion Action Adjournment Meeting Pension Plan Trustees Reports ~rom City Manager 4. ~ids, Chain L1nl< Fence 5. Eids, Police Summer Uniforms 6. Eids, Bruce and Juniper Storm Drainage 7. Discussion of Gate Station Locations for Natural Gas System 8. other Engineering Matters 9. Private Lot Mowing Requests 10. Verbal Reports and Other Pending Matters Reports ~rom City Attorney 11. Resolution vacating Crest Avenue 12. Motion to Reconsider Minutes of ~rch 16 and Correct - re: Coachman - Assessment Pierce st. Ordinance condemning Alfred Wyllie Pro- perty Ordinance condemning Hayward Meyer Pro- perty Resolution re: Encroachment o~ Fremac Building on Alley in Rear and Garden Ave. at Request o~ H. Lane Coachman Report on "Customary Home Occupation" in R..4 Zone Area 1 and Limiting ModeJ. Home:, Signs in Single Family Residential Area J.3. 24. 25. 16. RESOLUTION No. 59-4-4 WHEREAS: it has been determined by the City Co~nission of the City o~ Clearwater, Florida, that the property described below should be cleaned o~ weeds, grass and/or underbrush, and that after ten (10) days notice and failure of the owner thereof to do 60, the City should clean such property and charge the costs thereof against the respective property. NOW THEREFORE BE IT RESOLVED by the City COlnmission o~ the City of Clearwater, Florida, that the follo'rlng described property, situate in said City, shall be cleaned of weeds, grass and/or underbrush within ten (10) days a~ter notice in writing to the owners thereof to do so and that upon ~ailure to comply with said notice, the City shall perform such cleaning and charge the costs thereof against the respective properties in accordance ~th Section 128 or the Charter of the City o~ Clearwater, as amended. OWNER Richard A. Geiselrr~n l1.t-th St. N. W. Largo.ll Fla. J. E. Mallett 199 Hope Ave. Worcester, Mass. Effie Brown 611 N. Avenue 54 Los Angeles 42, Call George Rohrhuber, etal 2070 Gu1~ to Bay Blvd. City Ray.mond V. Simmerman 1740 ~agnolia Dr. City Highland Pines Land Co. c/o Frank Hancock Hercules Ave. & S.A.L.R.R. City J. Robert McArthur 1101 N. Ft. Harrison Ave. City First Mortgage & Realty Co., 6160 Central Ave. St. PeterSburg, Fla. Peter E. Mattey 210 ~. Northf'ield Ave. Livingston, N.J. PROPERTY Lot T Bloclc C East Druid Estates Lot 9 Block C East Druid Estates Addition Lots 6,7 Block A Gunn 1 B Addi ti on Lots 9,10 Block A Gunn I s Addition Lots IJ2,3,4,5 Replat of Block B Gunn's Addition Lot 2 Block 25 Highland Pines #5 Lot 2 Block 30 Highland Pines #5 Inc. Lot 2 Block D Highland Terrace Manor Lot 12 Blocl!: D Skycrest Unit 5 COST $I8:00 17.00 22.00 21.00 38.00 16.00 17.00 16.00 20.00 . PASSED AND ADOPTED BY THE City Commission o~ the City of Clearl~ter, Florida, This 20th day of April, A.D. 1959. .~~~!i~~01q)i~~0~~::G'Wh1tehead ': i",<t,'~;:',:>t.-';'~;.~9'/:! ": ~:,:/ or:, city" 'Audi 'tor and Cl erk . '''''''''''';'':!\\'~~~~~,ir~;;'f~~\W{~t~ti;;[/..... ...!. /sl Alex D. Finch Mayor-Commissioner : ;..~. ." "'-;'.~;"';""". , -:' . ~~~'~~~'~~~!~\tl:~~~r''''p",~ "....' -'," ',>.. ..... ."- " .... :~,...\ I 44, to ~ ' L ~ ", . ...),;....(;~~.7,':'Jt.'.;.:rt.'~I~I~t~t~JI~".1.r'II.:: ,I:'.., ~'f,'~'i,.'~~;f;">., , ""', ':; ;' , ......~"~ '~;. -.' : \ ".' ..:.,~~.;~li. .:t7',,\\\.~"1f11'..'~F .t',~'1~"!~:>" ".(f, ";. .. :.....\ ~fi~"'~~~~J.1{t~kl~ "<\;"'1 ~~"''04~~~, ~.~~~~~-~l~t1~~~l~t~'t,'-1:~;:!i~ . ""-'::j'( "\ ',.' .' ," . -..:". '-<"~<~':"':.:.<>~'" " .&"'..'.f"',,',.,".,' .5, , . .' .. ' CITY COMMISSION MEETING April 20, 1959 RESOLUTION No. 59-45 WHEREAS, the following portion of Crest Avenue was vacated by the County Commissioners of Pinellas County, Florida, on November 20, 1956, as recorded in County Commission Minute Book 41, pages 197 and 198: Crest Avenue from the South line of Jasmine Way, as platted in Plat Book 15, Page 46, South, a distance of 103 feet to the North property line of Druid Groves Replat as platted in Plat Book l~6, Page lj and, WHEREAS, the City Conmdssion has been requested to vacate said portion of Crest Avenue by resolutionj and, WHEREAS, there is no person, firm or corporation whose rights will be adversely af~ected by the vacation of the aroresaid protion of Crest Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: That the follo\rlng portion or Crest Avenue be and the same is hereby vacated: Crest Avenue from the South line of Jasmine Way, as platted in Plat Book 15, Page 46, South, a distance of 103 feet to the North property line of Druid Groves Replat as platted in Plat Book L~6, Page 1. PASSED AND ADOPTED, this 20th day of April, 1959. /s/ Alex D. Finch ~~yor-Commissioner Attest: /s/ R. G. Whitehead City Clerk ------------------------------------------------------------------------------------- RESOLUTION No. 59-46 WHEREAS, the rollo~dng described property, to-lrlt: Lot 9 and the East 50.00 feet of Lot 10 in Block 4 of GOULD & EWING'S 2nd ADDITION TO CLEARWATER, FLORIDA, a subdivision lying in Section 16, Tom1ship 29 South; Range 15 East, as shown on plat recorded in Plat Book 1, Page 52 of the Public Records of Hillsborough County, Florida, of which Pinellas County ~ormerly was a part. is located on the SW corner of the intersection or Cleveland Street and Garden Avenue, in the City of Clear\~ter, and the fee sinwle title to the same is owned by: H. Lane Coachman, as Trustee of the E. H. Coachman Trust; and, as Trustee of the Nae S. Coachman Trust; and, ~lliEREAS, the said property has been for nlany years improved and there is situated on the same a store building or buildings commonly referred to as the Fremac Building corner; and, WHEREAS, ten years ago said buildings were renovated and have been maintained since said time by the ovmer thereof in sow1d condition and are an attractive addition to the downto~m area of the City of Clearwaterj and, villEREAS, the ovmer of the said property presently contemplates the sale of the sanle and, pursuant to a contract for the sale of the same, has caused a survey to be made4 which said survey was prepared by John E. Casson, Florida Surveyors Registration No. 04, said survey being dated March lL~, 1959, and shows that said improvements encroach upon a dedicated alley located on the South side of said improvements a distance of 1.40 feet. Said survey further shows that said buildings encroach upon the right-of-way occupied by Garden Avenue and over a portion thereof occupied presently by the sidewalk a distance of 0.06 feet at the SE corner of said Fremac Building, and tapering off to the corner extending Northerly along said property line on Garden Avenue to O. All of which is more particularly sho~m in the copy of said surv~y, which is hereto attached and made a part hereor by reference; and l~AS, the owner of said property has requested the City of Clearwater to vacate that portion of the alley upon which said building encroaches, as well as vacate any encroachment shown by said surveyj upon the right-of-way of Garden Avenuej NOI'l, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 0Ii' THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: 1. The City Attorney is hereby authorized and instructed to cause a quit claim deed to be prepared, quit-claiming any interest of the City of Clearwater in and to the aforesaid encroacllffients, as specifically shown by the said survey of John E. Casson, dated March 14, 1959. 2. The proper City orficials are hereby authorized and instructed to execute said deed and deliver the same to H. Lane Coachman. PASSED AND ADOPTED, this 20th day of April, 1959. /s/ Alex D. Finch Mayor-Commissioner Attest: Is/ R. G. Whitehead City Clerk .. . ....:,'.' ".. ',,,. ..' ,I' , '! ...'"t,;., .:.,.. .'. .:~~: :/,.........":f,i:'i' _I . ''lif~~i.t:>~!*.!l):>~''~,rrl'{\~f'''V~;,~~~':~..1. : ; : .' .' T~,~. . .~; <, - .~...,"'("'. ". '. , .t:";~~ t " '. f ORDDWlCB HO. 815 All Clt.DlJWJOE DDBO'l'IJII COlIDBIIHmOlf Br t'BB Cl'n' ~ CIr.aWA'tBR. ~.1UJlWelR, ftDRII)A, OP CBll'1'AD' PBIVNrBLY OWBBD LAIIJ)8 roa MUNIOUAL VSB AS RIOHl'-OP-VAY POR DUW 8'l'RDr AND MD.TLB AVBHUB lit 'IIIB HOJ'\ftlIIBft COJUIIKR or SAID DI'IBRSBC'l'J:OR.. AHD AS A PUB.LIC OW-M'RBIT PAR1Wll LO'1' RBOULADD B! PAJUaID JlB'.rBRS AD OPBM'lBD Sf SAID C1'1'!'J .AND I'Ukta.d:k DIRIC'nHO COIfDBMNAT%ON fm CIR'J.'AIN PJaVNBLY OWNBD LAHDS 1'OJl MURICUAL VSB AS 8!RBB'.r JaOHl'-oP-WAY ROIl ftB Im'BRSBC'.1'IOH 01P DaBW 8'lREBl' AND O8CBOLA AVBHUB, WlWlBRLY.. 'lO 'mB WNIBRS OP C1'.."SAJlWA'lBR BAY, O'.fHBRWISB DOWH AS ft. JOSBPHtS SOUHDJ lPDlDIND THe SAD PJlOPBRn IS UBCBSSARY FOR SAID USE; DBSC!lIBDI:I 'nIB BS'J.'.E TO BE AOQlJIRBDJ DIIt1!'.C'nNO 'lBK CIft A'l"IORNBf ~ INSf1'1'UlE SAID PROC..biSbINUS '10 ACQUIRB 'lBB SAME Dr D1IBEN'l DOMAIllJ DIRBCT- 111I THE CI'n' HANMER AHD OTHER EMPLOYEES AND OPFXC:tALS OF SAID 0I'fY 'fO EXECurE OR OB'l'AIN ALL PAPERS, BONDS. APPBAISALS, SUR- VErS OR O'.fJUill INSmUMEN'lS INCDmN'l'AL OR NBCJSSABY ':0 IN8'nW'.rB AND COMPLB'l'E SAm PROCBEDIlIJS AHD OBTAD' AND DISBURSE 'l'HE NECESSARY lPUNDS rOB '.rIlE ACCOMPLISHMBN'J.' OP '.rBB PURPOSES OP THIS ORDDWfOBJ PRov:tD- nu POll THE BEPBAL OIl ALL ORDINANCES OR RBSOIm'IONS 'lO THE BX'l'Btf.r '1'HNl' ~HD' CODLICT JlER.E'WHH.. PROVIDING J'0It ftIE SBPARABILI'l'!' or THE PROVISIONS HEaEOli',; AND PROY'IDIHO FOR '.t'BB EPFEC'l'ZVE DA'rE HBREOF. ~, b~ Chapter 9110, Spec1a1 Acts or Flor1da.. 1923.. and all Acts 8111enda1;OZ'J' thftleOf', to and 1nc1uc11ns Aerts passed by the Leg1alature in the year 1951, 1no1udS.ns Chap~ 30659, Special Acts ot Florida, 1955" and :l.nclud1ng all powers denve4 under the S~l laws ot :Florida purauan't 1;0 Plor1da Statut.es 1951, or otherw1ae, tbe C1ty of CJ.earwate&- possesses the right to condemn pr'-vat;e lands for mun101pal purposes deemed necessary for the pub11c necesB1 t:r and oonverdence; and WBEREAS.- 1tfJ1a hereby determined and declaJ.'ed that the free circulation or t~nc or a1.1 ld:nds through the streeta ot the City ot Clearwater, 1'10l"1da, is necessary to the health, safety and general wel1'are or :l.ts c1t1zens and. the public generally, whether residing in the Cit:r ot Clearwater, or traveling to.- through or tram the City at Clearwater, in the:'course ot lawful pursw.ts; and WHEREAS. :1n recent years the greatly increased use by the publio ot moto~ , veb.1clea or all ld.nds haa oaused ser10\18 traffio congesti"n 1n the C1.t7 ot Cleartlater; and WHEREAS. the City Comm1sB1on at the 011;y o~ Clearwater, Plorida.. baa determ1ne4 that the right-ot-way of Drew Street, westerly.from the intersection of Greenwood Avenue to the waters of st. Joseph Sound, must be widened and extended in order to facilitate the tree circulation and flow of traffic ot all k1nds within the munic1pal l1m11ia; and WHEREAS. :1.1; has also been determined tha"t the right-of-way of l(vr'tle Avenue norther17 trom the intersection ot said Myr1;le Avenue and Drew Street, must be axtended 1n orcie~ to facilitate the free circulation and tlow of trarf1.c ot all kinds w1tlW1 the sa1d municipal 111111t8; and WHBRBAS. :l.t has also been determined that the intersection ot Ba1d Dl.'-ew Street; and ~le Avenue will become a major street ~nteraect10n upon wbicn traffic ot all . lc::1.nds w:11l converge J and' WHBRBAS. the park1ng ot motor veh1.o1es in the V1c1n1.ty 01' said intersection or Drew street and Myrtle Avenue will create add11;1ona1 traf"t:1a congestion' to such an ~ent as to conat:Ltute a public nu1sance; and . . WHBREAS. said trat1'io congestion cannot be adequately abated except b7 prov1.lS~on , " ','ror auf'~1clent off-street parking facilit1es in tile vicinity ot Ba1d intersection; and " WHEREAS. the property owned in tee .simple by Alfred C. Wyll:Le. Inc.. a P1orJ.da oOZ'POft1iion, de8cr:1bed as tollows: Lots 1, 2 and 14.. Block 8" PROPBR'.rY OF E. H. COACHMAN, as shown b:r the recorded plat in Vol. 6 ot plata.. page 56, Public Recorda ot Pinellas County, Florida. . J.lS c1e~ necesll&l7, conven:Lent and approprw1ate for mun!o1pal use b;V acq\l1s1tJ.on of '. ~8aD18 ln tee a1mple.- for the purpo&eot 1d.den1ng Drew Street at the interl8ot101l . at JCrz1;le A'Ienue. and extenCl1ng Myrt1e Avenue northe:r.-17 from said intersection, as ..11 aa ror the purpose or pl'Ov1d1ng off'-sQteet parking on that; portion or IId.d lan4a , ~1"'1. after w1denin& and extend1ng said streets respeet1ve17; sa1d propertJ' 18 ' 1.if:, .{. .' '.; ,.'.;~,.~.f.otto . mo~": 4~1~ by Edal'd Proefk~ in the pr1no1pal aIDOWlf; ot .32.000.00, , ~:;\;~;,t/.;:~,d;;;}::r>=:.;;::::;,:',:,~rde4 111 Mol"tsaae,~k 1128. Page 265, Public Records ot P1nellaa Coun1i7. l'lol'1daJ. :' \?~di~:;.t;;&:g,;UI"'~( c ' ~.. <l,I ~. .. _ t ._.u".-~...., J-~-,~; t' . -" ~. ,,'- , . ~". ....loi..........'.. _ ..~~,~.... ......;q.,l. -.,.It)"'\o,}.1'i',""""t"...tt:7.-'.1'r ",; \l<~.n"';\i<-"'",,",,,,~_,...,.....v<<."':"\,;!,i"" ... ," , ~ '''I- , , I ; . " " , ,~,' , . '. ;'", .~.. ".,'. : ",: ': ',~~'~ ~:'tJ;",;,,~ "';i;' ':;i<>t~:;;,;<~;,t ;t(,j~)t1'i"(i;~~'~" ,., ,;.,~,',,< ~ ,',. , ~1~i;~~~~1tiili~~~.~~,,;~0~U~~~t~J~:~~f{i~~~~~~~~~~is~~~~1;w.~~tlliii~b~m~~~/2&;;~1~;;}:);\:i~\';' ,.;, ~5t I -2- WHEREAS, the property owned in feo simple by Hayward Charles Mqer. a mam.ed man, described aa tolloWfJZ Begin at a p01nt on ~he section line between Sections 9 and 16, Twp. 298, l5E, on the West side of Osoeola AVBllu.e~ oa.ld point Do1ng 1108 ft. lION 01' le8s West ot the No~thea8t oorner or Sect. 16, 'rWP. 295. Rse. 15E; thence South along the West side o~ Osceola. Avenue 50 ft.; thence Weet to b1gh water mark on Olearwater Bay; thence Northaasterly along 111gb water ID&J'k to sa1d sect10n l1ne; thenoe East to PaB. tosether nth submerged lands and r1parian rights appurtenant thereto, more part1cularly desoribed in Deed #17502 of the Trustees of the Internal Improvement :Fund of the State ot Florida, 1s deemed necessary, convenient and appropriat;e tor municipal uae by acquisition or _."/ the BaIne in fee simple, tor the pu.rpose ot ex1;end1ng Drew Street1n the City ot -, Clear\eter trom its intersect1.on \'11th Osceola Avenue.. westerly, to the waters of Clearwater Bay" otherwise known as St. Joseph's Sound, in order to provide a street right-of-way oonnect1ng with Coachman Park in the City ot Clearwater, and so &8 to connect sa1d extension of Drew Street with Olearwater ~r1al Causeway; and, WHEREAs~ Resolution No. 59-43 was duly passed b;V the Oity Commission ot ~e C1ty ot Clearwater, Florida, on April 6, 1959" dec1ar1ng ~ne intent of the C1~ of Clearwater, Florida" to appropriate said 1andsj defining the purpose tnereofj describing 1;he property, and setting forth the estate or interest therein desired 1;0 be appropr1ated) and, WHERBAS, notice of said intent10n to appropriate said property has been duly served upon said owners, or the1r respect1 ve attorne~s-at-1aw, l.n wr1 t1ng, bY' the City Manager,; and, WHEREAS, the City Commission of the CitY' ot Clearwater, Flonda. and said respectj.ve owners, have been and are now unable to agree on the purohase p~ce to be pa1.d for said property; NOW~ THEREFORE~ be 1t ordained by the City Commdssion ot the Ci~y of Clearwate~, Florida : Section 1. That the City of CleaJ.91fateX' does forthw1. th elect to proceed to con- demn the t'o~10W1ng described property owned by Al:Cred C. Wyllie. Ino., a Florida corporat1on~ and acquire the title to tne same in fee simple absolute bY' eminent domain pursuant to Chapter 73, Florida Statut;esl 1951 ~ as \'lell as pursuant to all prooeeMngs 8upplemental to eminent domain aB provided by Chapter 74. Plor1da Statutee, 1951, to-wit: Lots 1.. 2 and 14, B100k 8, Property of E. H. COACHMAN~ as shown by the recorded plat in Vol. 6 of Plats, Page 56, Public Reoords at Pinellas County, Florida. Section 2. That the City or Clearwa:ter does forthwith elec~ to proceed to condei1ii the tOllow1ng described property owned by Hayward Charles Meyer", a married man, and acquire the t1 tle to the same 1n rea simple absolute by eminent domain pursuant to Chapter 73~ Flor;1da Statutes, 1957. as well as pursuant to all proceedings supplemental to eminent doma:l.n as provided by Chapter 74 ~ Florida Statutes. 1951, to-wit: Beg~n at a p01nt on the sectlon line between Sect~ona 9 and 16~ ~. 298. Rge. l5E, on the west side of Osceola AVeJlue.. sald point be:1ng 1108 ft. MOL West of' 1;he Northeast; comer ot Sec~. 16, i'wp. 298, Rge. 15E.; tbence Sou'th along the West side ot Osceola Avenue 50 ft.; thence West to high water mark on Clearl'later Bay; thence Northeasterly along high. water mark to sald section linej thence East to POB~ together with submerged lands and r1pa1'1an rights appurtenant thereto, more particularly described in Deed #17502 of the Trustees of; the Internal Improvement Fund ot the State ot Florida. Section ~. That all persons, f'1ms or corporations !.n possess1.on thereot, baring or cla1m1ng any right.. t1 tle or j.nterest 1n and to el. ther of said propen1es, whether by virtue ot dower, inchoate or vested.. or Ullder and by rtrtue of any mortgage, lien or other incumbrance, or anY' clum or interest whatsoever. be joined in said condemna- tion proceed1ngs in the proper manner. Section 4. That the Ci. ty A~torney be author1.zed and lnstrocted to f'orthw1 tit proceed w11m the filing and cause to be executed and prepared all of the necessary documents, ,papers" pet1t10ns.. surveys, appraisals.. or other instruments and pleadings incidental or necessary to such condemnation proceedings.. and to fulti1l the purposes of 1m1e Ordinance. Sectlon 5. The City Manager" and all other appropriate municipal employees.. authoJ:.1uea, and officials are herebY' instruoted to exeau.te all papers and docwnents. plead1ngs, bonds and other ~nstrument8 incidental or neces~ thereto ln order to 11'l8t1tute and complete sa1d condemnation prooeed1nss at the earliest pos81b1e DIOment~ and to obtain by ~ legal means and d1sburee the necessary funds tor 'the accompli8h- ment .1# the purposes here1n provided. ,,~ :." ' "~,'f; '~;'."~ -\,' ...,;..,~.;,..~.; v.....,,;, ".' .' ..' . --... ., "'.1' 'J.; ...,,~. . '. ,,,~'~'';'" ,,' ..~ " J I" 1';\ I:. j,!' .,. _ : _ �,, �, n _ ,. ,, ; , _ _ - ' ;, ��z , . : -, : ^ � s�a CITX COMMISSTON MEETING _ April 20. 1959 , The City Commius3.or� of the City of Clearv�ate;a met in regular sessiolz at the City Ha7:1, MondaY, April 20, 1959, at 1:30 P.M. with the following members pre�en�: A1ex D. Finch Mayor-Commissioner Jamee H. Watkins Commissioner ' Herbert R. Fields Commissioner Amos G. Smith Commissioner , Absent: - i' Cleveland Ir�sco, Jr. Commissioner Also pre�ent were; G. 4Jeimer Act3r� City Manager : H. H. Baskin, Jr, City Attorney S. Lickton City Engineer _ _ W. Mack�y Asst. Police Chiei' The Mayor called the mee-cing t�o order: The invocation was given $y Dr. Paul M. Kir�sport of St. Pau1�s .Lutheran, Clearwater. Commissioner �qa;tkins.moved that the m�.ntites �f' the meeting of April 6th be approved •� n accordance vJitn copies subrnitte3 to e'aeh Commissioner in vrritin� subject to.the approval of Gommissioner Insco. Motion was seconded l�y Commissioner Fields ana ca�ried u�animously. Commiasioner Wa.tkins movecl Commi.ssioner Tnsco be excused becaixse of illizess. , Motion was seeondec) by Commissioner Fielcls and carried unanimausly, Cominissior_er 5mi�ch su�gested if items ti�iere to be talren up ��ihich were not or� ihe a�enda �ha� no�ice be given at this time. Comrnissioner LJa�kins said he U�as going to st��gest additional rules on the operation af' City docks at the Marina, Semi.nole Pier and Marina Station. A Public Hearing taas announced cn �he construction of sanitary sav�ers, paving, � cus�bs and drainage in Rogers Street from Misaouri tio L3_nco7:n. The Engineer stated the _ , estimate� cost wds �;8.40 per i'ront foo�. The Mayor asked if there were any objections and there were none, fiaving held tlzis Public Hearing and. hearing no va3id 1ega1 � objectiona, Commissioner Yiatkins moved that the construction of an eigh� inch sanitary sewer, manholes and a7purtenances i?z Rogers Street from Nii.ssouri Avenue to Lincoln Aver�ue and constructior.�. of a thirty foot pavement and necessary drainG�e 3n Rogers Street from Missouri Ave;nue to Lincoln Avenue be aecomplished and �hati the ' �"" Ciiy P�Ianager and City Engineer b,e directed �o iorthwlth proceed ivith such improJenents. '' Moi;i�rl �ras seconded by ComnLi.ssloner Fields and carried unarzimously. The Mayor announced a Puklic Hearing on tYze construc�3on of sanitary- sevrer from a poin� 130 ieet Urest of poinsettia in Juani�a ti�lay eas� to Poinsettia and northerly in Poinsettia 220 feet, The Clerk read a let�:er zrom Mr, �'rank Lenczycki asking for more iniormatipn and the seply sent to him. The Mayor asl{ed if there were any objzc�ions and there vrere none. Commissi�ner Fields moved that the pro�ect ozZ Juanita Way and Poinset�ia Avenue be approved and the prop er officials be authorized to proceed vr'ith it on Lots 10,11,12,13, Replat of Blocks 80 arzcl $1, Mandalay, and that part of Lot 9, Block B, Mandalay Replat,'that it will serve. Motion Uras seconled by Comm3.ssioner Smi�h and carried un�nimoLtsly. � Public Hearing ;tqas ca1]_ed on the cor_stx�uction of curbing, widenzng and drainag� on Preseott Avenue from Belleair Road to Bellevie�.J Boulevard. The Engineer explained th� e�timated cost for clra�nage, i+ridpning and curbing tvould 'be �10, 615.00 or �2, 92 ' per �'ron� foot and recorrunerided that i:he City pay the cost of bhe resurfacing estimated at �0',500,00. A letter t�ras read from Mr.. Lewis 3. Hendry protiesting the assessment of ' these improuements to tl�e property owners as he believed they should have been covered by the performancE bond of the �riginal developer of thzs area, i�s. 6�1. D, Salls, It tAras explained that ylr. Salls� bond covered,oi�ly the resurfacing of Prescott Avenue as . th� street Was already paved when accepted i,nto the City, an.d therefore it tivas planned ' for the City to asstune the resurfacing cost at this tiine, NLx�. R. I�. Pulling and Mr; J. D. Fowler also objected, It was brouglzt out that the present paving was less than _ 2� feet �cvide in some places, Having held this Public Hearing, Commisszoner idaLkins , moved th�t sinee no valid objections have been Siled that construction of ciirbin�, ' tvidening and necessary drainage in Prescott Avenue f'rom the nortlz paving line of Belleair Road nor�herly to Belleview Bouleva;rd be approved and that the Citf pay for the resurfacing of the ei�t�,re th3.rty foot project �nd tl?3t the property oimers be ck�ar�ed the dif�'erenc� bettyeen ttaen'cy-i'our' fee� and thirty feet in, the widening, also for the curbin� and drainage. NIotion was seconded by Commissioner Fields and carried unanimously. , Commissioner �Jatklns moved with the ur.animous consent of' the Gommission to devi:ate trom tlle agenda to ta�te up Item �j,, °Diacussion of Gate Station Locations for Vatural Gas S�stem" . Motion �vas seconded by Conunissione-r Fields and carried unanimously: _ Mr. T. M. Ulardtirell, Utilit�es Engineer, s'c�.�Led the �roposed gate sta-tions' for the . delivery of gas to �he City lin�s from the FIouston Texas Gas and Oil Corpoxation gas main would be locateci at Rout� ].9 ancl Northeast Coaehman Road and at Route 19 anc� Nurs�r�* Road. Mr, �, C. Ro1fe, chief engine�r of I3ouston Texas Gas and G'il Corporntion, r�ported tlzat his company had ttvo sites under opt3on at these locationa, one at a cost of ,�'p8,800.�0 an�, the other at a cost oi 5�3,300.00. He asked ii the City would take �elivery a� th�se sites and if the City tvould �ay one-nalf i;he eost of the sites in ;r= , r' �, �. _ _ _ . . .._ _ , : , ,. ,.. .. , L. � ��,�, : ,., _ � �� / , � � 2 -2- _ -3� CITY COMNlISSION ME�'TING C2TY COMMISSTON T�lEETTNG April 2oz 1959 Abril 20, 1959 _ or�er to be able to �nstall equipment at the gate Statlons tvhich tivo�.tld clzecic �l:te Resolution -46 was resenbed w - ; de ive ed �o he it he a o st ed 11e co ld not coizc 59 P hich would vaca�,e a port3on �f an all.ey and par�L ineter_ng of the gas being l r t C y. T M y r at u ur of Gardan Avexyue right o� way upon reg,ues�t of bhe E,. I�. Ooachman Estate owner of in the recommendation as to the lo'ca�ions because the I-IoLtstor_ company is obligated bUild•ln located on I,oi; and the ea � ' a e contraet to deliver tlze as to the C�t 1iir�i.ts as resei�tl existin wh,En i;he � g st 50 feet of Lot- 10, Elock -�, Gould c� Ewing � s under th ,g y P Y � 2nc� Add3.t3.on. The Attorn�y explained that' the Fremar Building encroaches on an a11e contraet was draWn with gate statian sites to b� mutually a�reed upon by the company qn the souch and also on Gar.den Avenue sldewalk. The Reso y lution would author3ze th,, and the City. Gomm3ssioner �+/atkins noved tihat our a�partment head and ou� en�ineer executi�n of quit claim c�eecls to the Coachman Estate for t e e- � _ � h ncroach.mentN. The Mayor corne up �vith tlle iacts as to where the �ate stations are „o be loca�ed, �he cost ot' asked if there were any objeetlons and tk�ere wex�e none. Commissio ner Glatkins movec� th�m, �uhether or no� we have the necessary rights of way and report baclt to us, and Resolution 59-46 be pasaed and adopted anel �he ro er ofi'icials e ' � if the are read to re ort, a s ecial meeting wi11 �e called for next Monda . Mo�ioi-� " execute i .� p p b authorized to '' Y y � P ,, , Y t and the Cit� Attorne,� be authorized to f�.11 in the correct name of '�he ' ��*as seconded by Commis,ioner Fields and carried unanimously. Coachman Estate. Motion U�as seconded by Commissioner Fields and carried u.nanimously. The Acting Gity Mana�er recommended the accep{;ance of the lotiv b3d of $3,37�,5� The Attorile re ortec� customar home o. ' Y n y ccupations could not be defined in the zon�ng from Anchor Fost Product�, Znc„ Tampa, for 1,775 feet of si� f'eet chain link fence oxdinance exc�pt by aubmitting to referendurn buL that the s n ' ig ordinance eould be and �izree 15-feet double gates for the Marshall Street Sewage Plant, Commissioner revisect Lo make the lirnitations on signs more s�ri.c�. 7:n re ard to , _, F'ields moved upon the recommendat�on of the Citg Engineer, Utilities Mana�er, Setaage in res3dential sin 1e famil area e . �g mociel home aigns lant Su erintendent and Assistant Purchasin� A ent that the bi3 of Anchor Post Produc�s � Y s, h recommendeci mod2�fyino the sign ordinance to P p � g , re;quire anyone to obtain a temporary perrnit fo-r nizzety days during construction lus Tam a for '3 378, 0 this bein `the lowest azid best bid, be acce ted and the ro er s- , � • • . p P� $� 5� g . P. P p i� mozlths ,vit�1 one e.,�tez�s2on of ninety days. Commissioner �rl��Ekins mo�Ted the Cit authorities authorized to execu�e it. Motion was seconded by Comm.i,sslon�r Watkiz�s and , llttorney be autharized to draw up an orc�inanee ba cover these ch s y ange., . Motion was carried unanimously. � seconded by Commissioner Fields and carried unanirnously. It Z�ras suggested that the proposed ordinance be aubmitted to the ClearvJater Realtors Associati:�n i'or comment. The Acting City NIanager reported that the low bidder on the police stutuner utLizorms, HarE Cleaners, had requested permission to �vithdraw its bid of $1,183,50; therefore, The Clerk r�ported that the Mayor had -re uested that the follo ' he was recommendin �Erat �he next lotaest bid, tl�at of 1 296.�i be aece ted from q t^nng sentence be g _ $, 5� P aclded to the paragraph in the minutes of March 23rd eoncern�ng the insta:llation of �he Martin''s Unizorm Company, Tampa. Corruru.ssioner Watkins moved 'tlzat Mr, Hart of Hart. Library air conditioning -- "Tn res �nae to a aueStion from the Cleanez�s be authorized to withdraw hi� bid. Motion tivas seconded br Commissioner Fiel�s p - P4ayor; 'Mr, T. R. 3 Yar'horou�h stated he had not suffered any darnages by the delay'in the wark." a��.d carried unanimously. , Coinmissioner Watki�.s moved that the minutes be changed to rPad as so corrected. I�lotion Conunissioner L+tatkii�s mo�Ted that the contract for police sumxn�r uniforms be a�uarded was seconded by- Commissioner Fi�ld.s and carried unanimously. ' to Plartin's Uniform Company, Tampa, in the,sum of �1,29&,35 which -ls the lowest and Gorrnni.ssioner Watlsins su �ested that tre Ci� Attarne be ' s '- go y y in tructed �o draw up a best responsible bid, and t11at the appropriate off�;cials c�f the C1ty be authorized to set of additional rulea to regulate the Marina ivi some methocl to r ^ zxecute said contract i�hieh shall be in ac�ordance ?vi�h •the �lans and s ecifications g � egulate the boats � p leaving the Marina when the storm warning is up. By consent, the A torney was so of the bi�. Mot3on was seconded by Commissioner Fields and carried una�imcusly, instructed. � The qeting Gity n�anager recommended accepting the low bid of $9�-0,00 from Mr. Ray There being no further business, the meetzn Vras ad'ourned at :2 - Birltbeck, Dunedin, for construction of storm sewers ln Jizniper Street ;from Lantana to � J � 5 P'.M. Mandalay and nc�rth on Bruce from Juniper approximately 100 f��t. Co�runissioner £ields � moved on the recommendati.on of the City Engineer and Assistant Purchasing Agent that ` the bid submitted b�T Ray Birkbecl�, the lowest and best bid, be accepted and the prop�r �- aut�zorities pe authorized to execute i�, Motion was seconded by Commissioner Watl�ins Mayor- ssioner ' and earried unanimousl3r• Attest: � Resolution 59-44 was presen�ed which would require nine property� owners to clean their lots oi weeds and vnderbrush. Commissioner Watkiizs moved Resolution 59-44 be passed and adopted and Lhe prop�r officials be authorize� to erecute it, Motion was ,` • seconcled by Commissioner Fields and carried unaniniously. City erl� ' The Attorney read Resolu�ion 59-45 whi.ch v�ould vacate Crest Avenue from the south linz of Jasmine Way south 103 feet to Druid Groves I�eplat. Tize Mayor asked if there vvere any objections and there were none. Commissioner Watkins mo�ed R�t�olutioii 59-�5 ' be passed and adopted and the proper offic�.als be;authorized to execute it, Motion was seconded by Commissior_er Fields and carried unanimously. The A�torney yeported that IJir. H. L. Coachman had written asking that the minuteS ' o= Marciz 16th concerning th� cancellatioii oz a sanitary sewer assessment against Lot &, Block B, Coachman Heights, be revised and the �1ttc�rney reconunended deleting the sentence °N_e �ndicated the Ci ty t•�ras no�rr asking for a deed to some submer�ed la�ds wesi; of the former E. H. Coachmar_ properl;y in order to �onnect Drew Street extension f�o Memorial Gau.setiv�y and that he intended to give the City a deed to that'tvithout charge." Comm3.s�icner Watkir_s moved the minute� be changed zo read a� recommended by the C3.�jr Attorney with the approval_ of Commissione-r Insco and that the minutes otherwise stand approved. Motion was seconded by Cpmmi�sionex• Fields and carried unanimously. ' Th� At�orney read on its f�rst reading Ordinanee 815 whieh would authorize con- demnation proceedings against I,otS 1,2,14, Block 8, Property of E. H. Coaehman, owned by Alfred C. NIy11ie, Inc., to use as street right of'way,for Myrtle Avenue and Drew Street and a parKing 1ot, and also against acreage in Section 16-29-15 oVmed by NLr. Hayward C. Meyer to b� used to e�tend Dreur Street from Osceola Avenue to ClearT+rater Bay. Commissioner Watkins moved Ordiizanee $15 be passed nn i�s first reading, Motion t+ras seconded by Commissioner �'ields ana carried unanimotzsly. Commissioner ;�Ja�kins moved Ordinance $15 be considered on i�s �econd reading b� title only with the unanim�us ecnsent of L-he Commission;. Motion was secondea by Commissioner Fields and carried unanimously. '1'he Attorney r�ad the ordinance by titls ' only, Commissioner ti^Ja�kins moved Ordinance 815 be passed on ita second reading by tltle only. Moti.on wa-s seconded by Commissioner Fields and carried unanimously. ' : Commissioner Ulatkins moved Ordinance 815 be considered on its third and flnal A readin; srith the unanimous consent of the Comrnission. Motion was seconded by Commissioner Fielcls and carried unanimously. ^1k�e Attorney read the ordinance, Commissioner Watkins moved Ordinance 815 be passed on its third and iinal readin� ar�d adopted and the proper officials be authoriz�d -L-o exeeute it. I�totion was aeconded by Co�misaioner Fields and carried unanimously, ,� f _ r ,-� , '�7 � � �::.,4 . . . . . . ... �� . � . . . . .. . . .. � � . . . � � .. � . . . . � � . � � � . . .. . . . ; , _. „�_. .. � ,._.... _.,. ____ _. _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ . N..:;. ...,.., . fi � .. i. � . . . . . . .. � . . . . . , . . . . . �� .. . . ' -� 4.. _N/ .. . ' . . . . . . . .. . . � . . . . ... . . . . . .. . . . . . . . . . �' �ri .. . . . . .. . . . . . . . . . . . . . . . �. . �. .. . . . .. � .. . . .. . � . . . . . � � . . ' �_. n f. . . . ... . � � � . . . � � . . . . . .. . . . . . . . . . . . . ,. . . � . . .. . � � � . .: . . . � . ; � � . . . . , . . .. . . � .. . . , . . �.. t ^ . � . . . . .. � _� 4, ,: . . . . . .. . . . . . . . . .. . .. . . .. . . .. . . . . . , � � . . . . � . . . . � . � . , . _ � . .. . . . . . . . . � . . . . . � . . . .. . . � . . ... . . . . . . .. . .. � . . � . � . . . � , . . �. . .. ' , ' � .' , .. , . ��. .� . �..� �` �� � . . . . . : . .. . . � � . . '� �. . . � �. � . . . . �� . . . . . ., . ' . . .. � . � � � �.. � � ��� . .. . .. . . . . . .. . _� . . .. . .. . .. . � . .. . .. .. : . . . . .. . . . .. . .... . . . .. . � . � . 1 � �.3 ��� ` l . . - 1� >> CITY COMMISSION MEE2'TNG CTTY COMNNQSSIOAT MEET2NG , � M � ; Apr:t1 20, 1959 April 20, 1959 � ;: r AGENDI� 1'tiblic Hearings I�SOLUTION ' CI"1'Y C0.'�SSION MEETING . �n. �..ewers, Paving ai�d Ara�.nage In ' No. -, : APRTL 20, 1959 Rogers St. from Missouri to Lincoln �� 1:30 P.M,. '2. San. Sewers ir_ Juanita Way 8c Poinse�tia , tJHEREAS, �;he follo�rring portion of Crest Avenue was vaca,ted b the o� - `.� of Pinellas Count, ^� �5 � - � C i,.nty Commis�ionera , 3. Curbing, j4idening and Drainage in y, �'loxida, on NovembPr ?0 1 6 as recorded in County Commiasion ' �_: Invocation t rescott Ave, irom Belleair to Be11,e�.riew Minu�e Book y�l, Pages �.97' and 198c ,� Introductions Crest Ave? �;,ae fi'rom the �outh line of Jasmine WaY, as platted in f Minutes of Preced�ng Meetings l�eports from City Manager : Plat Book 15, page �F6, South, a distance of 103 i'eet to the rJorth �, > ` Public Hearings , Bi s, C a n L nk F�nce prcperty line of Druid Groves Replat as platted in Plat Book 46, �� Reports of City Manager 5, Iiids, Police Summer Uniforms � � a�a� Pa e 1 �, Reports of City At�orney 6. Bids, Bruce and Junipex Storm D�ainage WHEREAS, �he City Commission has been requested to vacate said por�G�.on of Crest � CitYzens to be Heara 7. Discussion of Gate Station Zacations for Av�nue by re�olutxan, and; ' Other Commission Action Natural Gas System WIiEREAS, there is na person, firm or corporat3.on whose rights will be adverne � at'fectec, u the Vacation_of the aforesaid � ly � Adj'ournment 8, Other Engineering Matters NOUI THEREFORE P�'O�ion of Crest Avenue- Mee�ing Pension P1an ?L'rustees 9, Private I,ot 'Mowing RPqkests � , BE LT RESOT�VED BY THE CITY CONL�IISSTOI1j OF THE CITY OF CLFAP,WATER � IN SESSION DULY aND REGULARLY ASSEMBLED AS FO�ZOG7S: ' � 1Q. Verbal Reports and Otlzer Pendix�g Matters Tk�at the follot�r3.n ' g portiar. of Crest_Avenue be and the same is hereby vacated; Reports from City Attorney Crest Ave_nue from the South line �f Jasmine V1ay, as platted in plat I 1. Reso u ion vaca zng Crest Avenue Book 15; ta�e �6, South, a dis{;�;nce of 103 ieet to the North property 12. Mo�ion to Reconsider Minutes_o#' March 16 linc of Druid Groves Replat as platted in Plat Book �o', Page l. : : and CorrPet re; Coachman Assessment - PASSED ANU ADOPTED, this 20�h day of Apri1, 1959. Pierce St. _ 13, Ordinance condemning Alfred TAy11ie Pro- /s� Alex D, Fineh , pertY , Mayor-Commissioner 14, Ordinance condemning Hayward Meyer Pro- attest: perty ��� R. G, Whitehead 15. Resolution .re: Ericroachment of Fremac Gity Clerk Iiuilding on Alley in Rear and Garden Ave. a� Request of Ii. Lane Coachman _��---------�..-------------------------------- ------------------------- -------------- 16, 1?eport.on "Customary Home Occupation" in R-4 Zone Area, and I,imiting I�Iodel Honie RESOLUTION ' Signs in Single Family Residential Area No. 59- o ------------------------------�_�_-----------------------------__--__-----------------_ GTHEREAS, the iollowing descr•ibed propert�, to-wit; Lot 9 and the East 50.CJ0 feet of Lot 10 in Block 4 of GOUL� & RESOLUTION EZ�IING'S 2nd ADDITiON T0 CLEARh�AT�i, FLQRIDA, a subdivision lying I �� in Secticn 16, mown,ship 29 Sovth; R�r_ge 15 East, as shown on pl«,t ' recordec� in Plat Book l, Page 52 of the Public Records ox WI�REAS: it has been determined by the Gity Coiru�ssion of the City of Clearwater, Hillsborou�h County, Florida, of.'tah.ich Pinellas County =ormerly Florida, that the praperty described below should be cleaned of weeds, grass and�or . w�as a part. t�nde�brush, and that after tien (TG) days notiee and failure of the owner thereof to do 1s located on th� S�,l corner of the inters�etion of Cleveland Street and so the C�t should clean such in the Ci't- of Clearwater and the f Garden Avenue, � - Y property and charge the costs thereof against the Y , _ee simple title to tP�e same is owned by: H. Lane : respective property. Coachman, as 1rus�ee oi tlle F. H. Coachman Trust; and,' as Trustee of the �ia.e S. N019 ^1HEREFORE B1 IT RESOLVED by tlze City Commiss�on of the City of Clearwater, Coachman Trust; and, Florida, Lhat the follot�ring descrsbed property, situate in said City, shall be cleaned _ U���S, the s�id propertg has been for many years improved and thPre is of we4ds, grass and�or vnderbrush within ten (10) days after notice in tvritir� to the situa��d on the same a store building or buildings commonl reTerred to as ' owners thereof to do so and that upon f.ailure �o comply taith said notice, the City shall Building corner; and, - y tlze Fremac periorm such cleanirg and charge the costs thereof against the respeetive properties in �'�EAS, ten years ago said buildings tivere renovated and have Ueei1 maintained accorr�ance with Section 128 of the Charter of ihe City of Clearwater, as amended. since said time by the ovaner thereof in sound condition and are an attractive addition to �he downtovm area of the City of Clearwater; an�; OUINER PROPERTY COST ti'THEREAS, the oviner oi the said property presently con�emplates the sale of the RicT—ard A. Geiselms,n Lot , ;�'Zg',Z'jp same ai�d, pursuant to a contract ior the sale o= the same, has caused a survey to be 14th St. N,st. Block C made, vrhich said suivey was prepared by �ohn F,, Casson, Rlorida Surveyors Regis'�ration Zargo, Fla. East Druid Estates No, 404, said survey being dated �tarch 11l-, 195g, and shows that said improvements J. E. Ntal_lett Lot 9 17.00 encroach upon. a deciicated alley located on the Sautlz side of said improvements a , ' 199 Hope Ave. Block C distance of 1,40 i'ee-t, Said snrvey further shows �hat said. bui�dings en.^,roaeh unon Worcester; Mass, East Druid Estates Addi�ion the rlght-of-vday oceupied by Carden ,Avenue and over a par�ion ther•eof occupied presently �ifie Brown Lots 6,7 22,pp by the sidewalk a distance of 0.06 feet at the SE corner of' said T-x•emac Building,, and � &11 N. Avenue 54 Block A tapering off to �he cornex� extending Nor�herly �.long said proper�y line ori Garden Los Angeles �-2, Cal. Gunn's Addi�ian Avenue to 0. All of Urhich is inore particularly shoVm in the copy of said surve;�, vahich George Rohrhuber, etal Lots 9,10 , 21.pp is l�ereto attached and made a part hereof by re#lerence;: and 2070 Gulf to Bay Bivd. Block A �+IHEREAS, the owner oz said property has requested the City of Clearw�ter to �acate Ci�Y' Gunn:�s Addition that portion of the alley upon which said building encroaches, as taell as vaca�e any encroachment sho�vn b said surve - u on the ri ht-of- • ' Raymond V. Simmer�an Zots 1,2,3,�-,5 8.00 Y wa o y, f arden _ . 3, P g Y G Avenue, 1740 Nagnolia Dr. Replat oi Bl�ek B NOW, THEREFORE;, BE IT RESOLVED BY THE CITY CONLMISSION OF TIiF �CITY OF CLEARti�fATER, C? t� Gunn' s Addition FT,ORIDA. I�T SESSION DtTLY AATD REGULAR�Y ASS�MBLED, AS FOLLOUTS ; ;. H3ghland Pines Land Co. Lot 2 16,00 1, The City Attorney 3.s hereby suthorized and instructe� to cause a quit claim c% Frank Fiancoek Bloek 25 d�ed to be prepared, quit-claiming any interes� of the City oi Clearwater in and to Hercules Aye. Fc S.A.L.R.R. Highla?:d I'ines �5 the a�ores�,id encroacl�unents, as specifically shotivn by tihe said survey oF John �. City Cassor�, dated �Iarch 14, 1�59. J. Robert McArthur Lot'2 17.00 2. The proper Ci�ty off3cials �.re hereby authorized and instructed t� execute 11.01 N. Ft, Har�ison Ave. Block 30 saicl deed and deliver the same to H: Lane CoacYunan: , CitY Highland Pines #5 PASSED AND ADOPTED, this 20t11 day o�' Apri1„ 1959. First Mortgage & Realty'Co., Inc. Lot 2 16.00 ; 6160 Central Ave. Block D �s� 1�lex D. �'�:nch St. Petersburg; �'la. HighTand Terrace Manor i�Iayar-Commissioner ;' ' Peter E. Ma�tey ' Lot 7_2 20.00 Attests , 210 ia. Northfiel�� Ave. Block D �s� R. G. WhiteYiead , _-" Livingston, N.J. Skyerest Ut1it 5 City Clerk •, , f PASSED,ANu hnOP�ED BY THE City Commiss�.on of the City of Clearwater, Flor.ida, This 20th day of. April, A.D, 1959." I �s� Alex D. Finch �� ATTEST: Mayor-Commissioner i� �s� R. G. VJhitehead _ , i , ,: Oitg Auditor and Clerk •` : - i � ',x , ,' _ Ij j , �:, i . , iY � � , . li '' . „ . �' , + ._ . _ _., � i 1?RDINANCE N'0. 8Z�j AN QRI3TNA2dGE DSiiECTTNG �ONJ3E�`A'1'TObT T�Z�` THE c� oF c�axyrA�r�, CI,EARWATE�, F'LORU7A, �F' CER'i"AIN` 1'Ri'�i'AT�Y OV�IED L+AgiDS FOR %YUNTCxPAI, US� A$ RTCri3`1'-0�'-WAY F013 D13E�u �7'I'tEET AND �3R'I'S.,� AV�CJ� A'� TH� i1C�RTI��1' CORltf�i, t?�' SA�D �F.14SECT,�ON, ANi? AS E3 P�C t7F�'-ST1�ET. P1kRKINL'r I�OT R�GULATEA BY I;'ARIC�I1TCr ME�°1?ERS AN.b 6F�RA`JCED .8Y S�ITD GITY3 P1J1J �'�RTH�ft AIREG!1'iDTC� CtiP,�DEM�dA'1'i0N OT+' CF�'A.TI� PRIVATET,Y CJ1tiINID LANDS FOR r�CTPAL USF.� Atii STRE�I.' $ZC�rHT-OF-4JAY �'I`ENDThTC FAOg� THE T.�1�'J'ERSECT:COPa OF DREW 87.'REE�i' ANiJ OwCE4T�A AVENUE, WESTERI,Y, 2'0 TIi� 1�AT�RS t3F' G'I..�AR%7ATE� .'SEiYJ 0't'F�k�SE Ki�I(3U1N AS S't'. eTOSEPii�'S SOUND3 FINDINfia TFLAT SJkSD PROFER'1°Y IS N.G�:�SSARY FtiR Sl��D USE; I3�SC�?�TNi� TiiE ESTA^aE T(l $.E AC�'+USRED; DIHEGTI� '�Fia CIfiY A'1'7.'O�Y �0 INSfiITt3�'E SA� PROC�PTN�GS '1,'0 AG�2tFIRE T.ii� SiRi4i41E BY �NII�1? 13QMAIN; 3?TRECT- ING T� Cl2''Y i21�T.A.GII2 AND €�TFLER Ei�g'LOXEE� AIV�3 0�'ICT�I,� (iR S�Sfl �SfiY T'3 E.XECTJTE OR OB`SAsN 11LI� PAPF.RS, BONTiS, APPRA�SALS, SUR- jI�1'S �R fl',PHg? INSTRtTMF�t'�'il INCiDII�7.'AI� OR NECE�uSP.IiY TO INS�'I'i'UTE AI�lJ3 GON!P7�ET,E SRID PROCEIDINGS AND OBTAIN AiVD DxSBLiRSE TKE NECF.�SSARY F'i�?S Ft2it �HE ACGCt.i�Z,ISHi�iEN�'t" OR �`FZ� PUR.nOSES QF TFITS Q�i}II3AN(;E; 'PFI4VID- SI� �`OR � RPPEItY� 4r AIaL ORDINAN�ES QR RESflLif�'�OiV'S �±'0 T3E E3i`I`� THA�' tI'HEY' G�v�OPbiF�Ip,Ip�Cpfi�pH��ERpE6/�1�mIi�;.�+PRp4VhTI�^T��-��+1T�Gp�'�}F�vOI�t� �p'H�+E(��ry �/��,}� U�J.{L1LL`L.�., ••,.S�..L :il� I.t�r•, �llilY.i.4iV;yIJ i7.l.t[LL'VL' j. Lf1Y3/ FRtiV i�INu �013. TFi� Ek'FECfiiVE DA`!'� IiEREOF , L�ki�RRE.�:S, by Cria��er 9710, Special A��s of FlorSda:, 1g23, anci al'! t�ctis aFnendatoxy �h,ereof ,�o �d ine7.udin� Acts passed by the �egi�Zature in �h� year 1957, incluc<3.n� �i�pte,� ��6�9, �p�c� �l ,�c�s o� F�.ox�3.�, 1955� and ane].uci�.z3g a3.1 ��v�ers r3er�.vect urader �he general tazvs of' �lorida plxx�suant to Florida: Sta�utes 1�57, or other�,rl�e, the Gi,�y o#' C�.earvra�er pos�es�es tYze ;r�ght to condemn r�r3.vate iand.s t'cr munia�pai purposes de�med neecsgax�i �ar Lhe }�u1�13� neeessity ar�d convenience; ana 1�FL�REAa„ it :is Paer.�eby d�texmi.n.,�. anri dec�ared �hat t�a.s Fs�e� c3rau7,at��n o�' traffie of a7.1 klnds tl�augh �h.e si,rse'c� o� the City of Cleartaa,ter, F'lorida, 3s necassG:.� i;o �hs he��.tY�s �afetg and get�erai t�iiare of' its e1�3aens and the public generally, *�a41e'�he� resid�:ng in tn� �it� of Glearwater, o� travaling �o, thx�ough or �rom the Ci�y of CIea3�raate�, in the �:ourse of' Za�rful pursu.�.tis; anci �REAS, 3n raceilt years ��e grea�7.y :Lnere�.sed use by i�he pub'! ic af motor vehicles oi' a11 itinds laas caused serious �r��'f3c cor�;est�:�n �n �ihe C3�y ot Clearwa�er; anc� ��EAS, �he Ci€y Comrai.ssian n� the C3.Tcy aP C].eax'Wa�e�, Florici3, Yaas detsrmined that the riglat-of-way of �va ;Street, w�s�erZ� fro� the �n�ce:cs�c�lon uf Gre�n.wond Avenue to the t-�ters c7i SL,. �'os�pr Sounz�, musW 'be wl.denE�. and �x;tealded 3.n arder to �'aeilita�te the free circulation and flow oP t.��.ffic of al1 k3.nds w3.thin the mvnicipal Z�.mi.t�; axid �JI3ER.EAS, it has a.lso been determ3n�d tha�c •che right-of-��tay of 1����e Avenue northe�3� fiam tFz� inte�se�tion of sa3.d M�rnt3e Av�nue and Drecv S1:rQet, must be Qxten3ed in order to £acil�.cate the �ree circulation an�3 ilora nf tr��'fic og aII is3,nds w�f.hin tne said muiv.oipal lim3:ts; and ti7H�EAS, it ha� a],so been determ3:ned -�ha.� the interseci,ion �f said I7rew St*�ee� and. �4Yz�t�.e A.venue �ri�3. �ecc�e a ma jor s'creet in�ers�c��:on upnn whi�h '�raff� c oF all i�nds will eonverge; and t+IHEREAS, th� parking of' mo�or vehiale� in the vi�ini,ty o�' sa:Zc3 3nter3ection of Dre,� Street and T�tle Av�n;ze w9:11 crea�ce ar2dz�l.onal tra�'f3.c congeation to such an e�snt as �o cons.�i�ute a p�zb�ic ntzisance; arec3 L�H"'r.t?�1��, sai3 �ra�fic cor�es��.on ea�nqi b� adet�uatel,y aba�ec� e:ccept by prov3.s3on for sufx'ic3ent of'E-�t�.�eei park.ing faci7.i�ies �.n i;he vicinity o� �a�d 3r��terseetion; and 'rhIEFi�AS, tne property ot�metl in .fee s�mp�.e I�� Ali'rec3 G. t�ay'+i�.�, Tne., a. Flox�ir3a e��oration, describecl as Po3.lc�ws: Lots 1, 2 ana 14, Block 8, PR(}PEFF1'Y QF E. H, COAC_HME1N, a � shat�n b�r th� recorded pi�.� in Vq1., 6 0� pi a�ss S���e 56, �ub13.e RLca�c3s of' Pin�ll.as Couniy, Florida. is deemed ne��ssary,: conven:i.ent �nci app�apria'�e £orr mT.xnicipa2 us� by acqu�.si��on of ths same in ��e simple, �`o.� the purpo�c +�� �aid:en:ls� 13:+ew Stre�'c at the 4ntersection oi' N��t].e :9venu�, and exL-end�ryg P�yri;le Avenue zio2�heriy �x�am sald intPrsection, as we11 as Yor the �a�arpo$� o�' �ravidin� oYf -stree'� park3xt� on tl2aic pori�ic�n of said ].ands remaining after wicleni.ng and extencLn� said. str�e�a respec�ively; ar�,3,d. nroperty ia su'bje�t to a morLga�� k�e1�1 b;� r.r�wa.rd Prnei'ke �.n tne pr:tn�3pa�. amourc� af �32,C300.001, recorded 1n Mortgag� Booli 3.123, Page 255, pub� � c itecords oE P:tne1].as Caunty, Florida; a,n.d -2- 1�EREAS, the �aropsr�y otaned in. fee a�.m��.� by Hayward Ch,a�l�s Meyer, a marMed man, described a,s Fo7.lows: Be�in a'� a po3nt an the seetion line between, Sect�.ons g and 1�, �Nrpq 29SF ZSE, on the Zdeei;, side of Qsceol�x :Avenuey sa].d po�nt U�3no 1:708 ft. more or leas '4�es� of the PTor�h�aa� corner o�' �ec�. 16, Ts�rp. 295. R.�e. 35E; thercce South �,long the j�est side oi Oaceola Avenue 50 T"'t.; i;hence �Jes'� tp h�.gh vra�er rna,�lc on ��.earGratex� Bay; thence Northe�,Bterly Along �i�h water mark to said sect3an 7.ine; �hence East to FOB, �ogether with submer�ed lands �nd riparian rights appur��nan� therei:o, more �articu7:arly deseribed in Deed ��750� of �hE Txnastees of th� In�erna�. Improvemeni: Funci oi' �he Sta�e of Florida, is deemed neoessaxy, conven3.en� and ap�rogria�e for mus�3.cipa'! une by acr�uisi�ifln of tk�� �Ame :Ln �'ee s;Imp�e, fbr ihe pr,��ose a� ext'�nding Drew Stir�e� in �he Ci�y af Cleart�a��� fx�om its inter�eetivn vrith Osceola. Avenue, �testerly, to the cvaters of G1e�.rtya.�.er ��.y, o�hsrtiri�e Isno��m a� St, Jose�h's Spund, �.n Qrder to p�ovide a sCreet r:Lgi��-a�'-�vay connecti��g tvi�h Coa�hman park i.n �he Citf af Clear�rater, and sa as to aonxn.�et said �xtens;Lpn o� Are�w S'�reet wlth Cle�,rwater i�temorial Cau�eway; and, tJiiEftEAS, Resolvt3.or_ P1o. �9-��3 '�7aa duly paSsed Uy the City C�n�ssio;� oF uhe. Ci�y oi' C2e�,rwater, Florida, an Ap�i1. 6, 1959, deela?�ing �he intent af i�he City of` Glearwatc�r, �`lorida, to appropriat� sa;3.c1 ].ande; deFining �n.e nurpoge thereof; describing �he property, and s�t�ing �az•�h the eetate ar ;�ntere�t thereir. de�3red to be appropri.ated; and, iti�FiE�AS� no�3ce a#' r�aic3 �ntentian �o apprrspria�e said p�opc���y ha� been du�y served upon said oc�r_�sera, o� thelr respect-1ve a�tox�neys-at-la�t, ir� t•triting, by the City ManagP�r; and, t+IFiF.�.EAS, th.e C��y �ommisaion aF the �iiy c�' C1ear:vater, rl�rxdt3,, and sa3d re�;ect3ve awners, h�ve be�n and arz :naw unable �o agree an �he pu,,,rehase price io i�e paic� for said prop�rty; NOtl, TIiFR.F''.r'QRj', be 3'c ox�air_e� by the C_ty Commission ot` �che C:Li;y of Cl�ari,ra�er, F'I.arid.a, : Sect�.on 1. Tha� �he Ga �y of Cleaa�rrraier c;aes farthvrith e].ect to proceed �o c�n- d.emn �c�� o_oz:nr.g a�scr:ibea pro� :rty ocvned 3�,�,r A].f�Gc3 G'. t�g33:3.e, Zne., a �'Iorida corpora�ion, and acquire the ti�le t� the sa,me 3n �ee slm�le absolut� by eminent doma3.n purscran.� to Chap�er ?3� F?ox3da �ta��a�es, 1957� as vT�71 as pursuant to al�. �roceed9.ngs supplemer_ta� to eminent doma3:r± as prosrided. by Chapte� 74, Florida Statutes, 7.957, �o-wits Lots 1, 2 and 7�q Block 8, Property of E. ii, GOACHMAN, as sho�•m by the reccrded p�.e� �rz Va3.. 6 ai' Plats, Page 5n, Pub1.3.c Records of P3.nellas County, F'lflrida. 5�ct� on 2. Tlza.'c %a�e C3.L-y of C].ear�aa'�er does for�htu3.�h ele�fa to prqcee�. co condemn e'o lotv3n�; c�escrilaea property oz�naed by Hayv;a,rd Char�:es Melrer, a marz�3e� ma,n, �nd acqu3.�e the t3.�3e ta the sa,ine 3n fes simple abso�.ute by em3.nen� da�n pursLani �a �ha��er 73, ?+'3o�ida Statutes, z9�7, as we21 as �au�sua�t to aI2 proceedings suppleanen,tal to emineni: doma3.n as provi�ed '�y Ghap�er 7�k, Flox? da Statu�es, 1g�7, t�-z,rit: Beg3n a� u poin�c on the see'tion 11ne l�etvreen Sections 9 an,d 1.6, Tvap. 2gS, Rge. 15E, on �he y�est ,�id� of 4sceola Aventze, �aia point be1n� Z70$ �'t, MOL West af the Nartheast corner of S�c^c. 16, Twp. 295,: R�e, 7.5�„ �hence South aiong `che Wes� side oi' Osceo3a r�venue 50 �t.; thance West i:a high i,ra.Y...er ma,x�k on Clea�ra�er B�ay; ther.ce Noz�tk�eas�erly a'! ong h3�Y► tirater mark to ssi� sec�ion ].�.ne; thence East �Go P�B, togethe� z,t3.th submerge� lands and r:i�arian �3.gh�s anpurtenant there�o, more particularly ciese?�j.bed iz� Deed �17502 of �:he Trus�ees at �he Int�s°nal Improvement �'°und oi the State of Fior�d�. Sec�ion 3. Tlzat a11 persor_s, firns er corporations in passession thereof, having or cla m��ng `any r3.gh'�, �i'�Ie or in�ere�s� i� ax�d to eitriefz o�' sa;�.d pa^a�ertiea, whetnex� by virtue of doVrer, �nchc�ate or vested, or vs�der and by virtue of an�r mortgage, 7.ien or of.her inet�mbra�.ce, ar �±y c123r1 or interes� vJhatsoeVer, tae joineci in said condemna- t3on px oceed3ngs 3n �he proper r�aniaer, 8cc�ion �. �iha;� the Ci�y A�torn,ey be authorized a.�?d �r_s°t;�..etEd �o �`orthv�rS�h procee zv1 �7ie fil3r� and cau$e to be executecl and prepared a.�7. oF �he necessaa� d.ocumen�is, .�apersa petitiqn$,� st�rveys, agpz�ai$als, ar other instrtunexzts and gleadings 3nc3den�a,1 qr necessa.�r �o sZtch condsmn�.t3on p�oceeai�s, and. to f'ul.fill �he p�ar�o�es �f th3.s Qrd�nance. 8ee�ion 5, The Ci�y N'�a�er, and. a7.7. ather apprapriate i»un3.cipaJ. employees, author esy and of�'ici�i.s are hereby 3ns�ructed to execute all paners and dacuments, plead�.ngs, bonds and other �nsti�uments inciaen•t�.�. or necessaxy �hereto in order to institute and coru�le�e said candemnat3.on p�oceed3.ngs a� 'che e�.rli�st possi:ble moment, and tco s�k�tain by an,�** 1egal �ttearzs and disbzz�s� the nec�s�ar�r f.ua�ds fo�r the aecomp7:iskc- n��:ss� bf' tlne purpose� hes�ein pro'vided.< A ''.. ✓" � S ' . � . 11/ �../ �/ . . •r�.ww . � Sec�3on 6. A1�. Ordinanees and parts a£'Qr33nanc?es, a� Resolut�ons or par�s a� Reso�.0 . ona n eanfl�.c� her�w3th ar� hex�eby ,z�pealed. �a the extex�t �of such conf'13.��. Section 7. Shovlc3 a,ny s�cta;on, para�r�pli, sehtenc�, phrase� clause or other ;part a� p'—"-ro�sion o�' ��.� �ra.raanee be dee�ax�ec� by a,n�r cour� �a be �.nval�,r�, .�tze s3me shalti nat ai'fec� tYa.e Validity o� �he o�,°d3.nan�e �.s a�vhol,e, ar any part thereof� other �han... the pax� decia�r�ci �o be 3nvaiid. S�c�t3:on $. Thi� Ord3nance sha13 bacame e�'fective immedi.ate�.y upon 3,�s passage.. YASSED on Firs� Read3n�, Apri1 20, ]:Q59. PRSShisD oza �aca�zd 1?�ad3:�g, �tpr3z 20, 1959. PAS�D on ri."l�,jLrd arid F3iu�7. �ea+d.i:r�g and Adop�eda April 20, 1959. fsf .A1e,� A. F3.nch h2ayor-Cet�mri3. ssioY�ex� �`i'G$es � ° /'�/ t�. ��. ztim3.teliea�. Cit� Aua�i�ar and G2er?z � s