03/02/1936
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MINUTES OF THE CITY COMMISSION
March 2nd, 1936.
The City Commission of the City of Clearwater, Florida, met on
the above date, in regular meeting assembled. with thu following
members present:
> /.:
Ray E. Green. Mayor-Commissioner.
J. A. Barry,
R. JJe Baker,
D. o. Batohelor,
IJ. A. Marsh
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Moved by Hr. l'farsh, seconded by Mr. Batohelor, and oarried,
that Police Officer Cyrus Lowry be certified as Class A patrolman
at class A salary, beginnill(; at once.
'--.,
Moved by l:!r. BatChelor. seconded by 1.!l'. Barry, and oarried,
that the City accept ~~4049.84 oash in full settlement of the amount
due under the radio contract for the fiscal year ending Februal'Y 1,
1936, the ci t:,., ta.lcing title to the Tampa studio and all equipment.
This settlement pending receipt of inventory.
----.
Moved by lrt-. Batchelor, sec:)nded by Hr. Bakel', and carried,
that the Cit;y pay ~?162.50 toward High School Band uniforms, oharging
same to the legal budget.
Moved by B:r. Batchelor. se conded by l,:::r. Barry, and oarried,
that the proper city officials be authorized to sign a lease of
the fish plant.
Meeting adjourned.
Attest:
ffi.~~
Mayor-Commissioner
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NOTICE OF SPgCIAL MJ~ETING
To the City Commissioners of the City of Cloarwnter, Florida.
Notice is hereby given that a special meeting of the c~ty
Conunisnion of the Oity of Clen.rwatel', Florida will be held in the
City Ha.ll at 2:00 0' clock P. I,!. on the 11th day of March, 1936,
for the, ptlY'pose of' cons1.de:rinp; an oft:or of the United States of
America to aid by way of a loan and e:rant in financing the con-
struction of additlons and extensions to gas plant and distri-
bu.tion system or the City or Clea~wator, Florida and adopting
a resolution approving and authorizin~ the execution of such
orfer.
Dated this lOth day of March, 1936.
(SIGNED) R. E. GREEN
MAYOR-COMMISBIONER
dONsmlT TO JflEETING
-
}, the undersigned memb~rs of the c~ty Commission of the City
ot: Clearwater, Florida, hereby accept service of the forego1n,g
notice, waiv1n~ a.ny e~d all irregula~1ties in such service and
such not~ce, and consent and a~ee that said City Commissioners
shall meet at the time and place therein na\11ed, and foT' the
:purpose thel'ain stated.
(Signed) R. E. Green
(Signed) R. Lea Baker
(Signed) L. A. Marsh
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.~
(Signed) D. O. Batchelor
(Signed) J. A. Barry
City of Clearwater,
Pinel1as County, FloT'ida
1. Off'er. The United States of America (herein called the
lIGovernmentUThereby offers to aid in financing tho construction
Washington~ D. C.
February 26, 1936.
state Fi].~ No. Fla. 1202-2~It.
75
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MINUTBS OF THE CITY COlrr~IS8ION
Mf1RCH 11, 1936.
A spec:tnl meettng of the City Connnission o~ the City of
Clearwater, held pursuant to the preceding call of the Mayor-
!o" 1.'
Comnlis~ioner was held on the IJ.th day of M~rch, 1936.
The meeting was called to order by the Mayor-Ccmmiss1oner
call
and upon roll/the following answered :pref\ent:
R. E. Gr een, Ivtllyor-C omm.1.::l f1i onor
L. ^. Marsh
D. O. Ba.tchelor
R. L. Bake~
J. A.Barry
The following were absent: None.
After discussion of the offer of the United States or America
to aid by way o~ loan and ~rpnt in ~inancing the construction of
additions and e:xtensions to eas plant "nd distribution system o~
the City of CIAar"T!1.ter, Flor:tda the following Resolution, entitled
"A RES01,UTION AOGEPTING THF. OF!<'F.R OF TIrE UNITED flTATE..') TO AID BY
WAY OF 10Ali AND GRANT IN FINANCING THE CONSTRUCTION OF ADDITIONS
AND EXTENSIONS T0 GAS PLANT AND DISTRIBUTION SVSTmJ OF TID<::: CITY
OF CLE^R"'NATER, FTJORIDA" was proposed by I,Tl'. L. A. Marsh and read in
full:
RESOIJUTION
A RF.SOLU~'ION ACCEPI'TNG THE OFF}'~R OF THE UNITED STATES
TO THE CITY OF CLEARViN:f.1im, PLOHIDA TO AID BY WAY OF
LOAN AND GRANT IN FINANCING TIlli COl5TRUCTION OF
ADDITIONS AND EXTENSIONS TO GAS PLANT AND DISTRIBU-
TION SYSTEM OF CITY OF CI,EAHViATER, FLORIDA.
Be it resolved by the City Commission ot' City of Cleal'Vlater
Sactton 1. That the offer ot' the United states of America to
the City of Clearwater, Florida to aid by way of loan and grant in
financing the constru.cti.on of adn.iti ons and extensions to gas plant
and distribution system o~ the City o~ Clearwater, Florida, a copy
of which offer reads as follows,
FEDER.l\L EMERGENCY ADMINISTRATION
OF PUELI C VlORKS
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of additions and extensions to gas plant ROO distribution system
(hel'e1n called the IIprojectlt) by mk1dne a loan and grant to the \ '
City of CIAa~wBter, Florida (herein called the "Applicant") in
an amount not exceedinr; in the am~I'e~ate the sum of ~~J.21, 909.
2. Method of MA.lt1n~ [,oan ~ Thf3 Government will purchal'16 at the
pl"incipa.l al'noitnrthcl"oo plus aC~T'l1.~d interest, f'rom the Appl1cant.
oblip;Rtions of the de~criptton ~'et .fol"'th below (or such other
descl"iption as sha.ll, be nnl t.uuJ ly satisf'flctory ) in the aggregate
pr:tnci!)al amount of ~p67 ,000. less suoh amount of such obl~.gationa,
if rony, as the Appl:tcant may sell to purchasers other than the
Government:
;
\,
(b)
(a) O)JligoJ:':
City of' Clearwater;
(0)
(e)
(f)
( g)
!y~e: Special obligation, serial, coupon ~as plant
re~enue, certif'icfl tea;
Denominat:ton:
'"
4t,l, 000;
Decenmer 1, 1935,
(d) Date:
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Interest ~ate and interest payment dates: F~lr percent
per a.nnum;-paya:Dl"e semi-annually on Jun'e 1 and December 1
in ea.ch year;
Place of navment: At the office of the c~ty Treasu~er.
C learvrm er.,' Flm~1d a;
Registration privileges: At the opt~on of the holde~, as
to prlnc:tpal only;
(h) Maturities: Pay~ble on December 1 :tn years and amounts
as follows:
1936 1941, inclus:tve $1,0006 1946 1947, inc1usi va $4.. 000 ,
1942 - 1943, inclusive 2,000, 1948 - 1952, inolusive 5,000,
1944 1945, in.clusive 3,000, 1953 1955, inolusive 6,000;
( ~)
SecUl~ity: Payable a,s to both pr1.nc:tpa1 and interest from and
secru~ed by an exclusive f'iI'st lien upon and pledge of the
gross revenues of the gas plant and d1.stribut10n ~ystem
after doduction only of the cost of operation and maintenance
thereof.
3. Amount of Gra.nt. The GovernmAnt will make ~he grant in an
amount equal to~rty-fiva percent (45%) of the cost of the Projeot
upon comi>letio~l, but no.t; to exceed, in any event, the sum of $54,909.
4. Conditions Precedent. The Government will be under no ob.
l1.gation to take un and pay ~or any bonds which it herein offers to
purchAse or to make any erant:
(a)
(b)
(c)
(d)
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Validity of Obli~ations: If the leea1~ty and validity of the
oert~f!ca1;es offered to the Gov~rnment for ~l~chase shall
not have been sustained by a decision of the Circuit Court
of Pinellas County, Florida;
F~nanc:tal Conditions: If the financial condition. of the
Applicant shaff have changed unfavorably in a material
degree from its condition as theretofore represented to
the Govern.ment:
Cost of Project: If it appears that the Applicant w1.ll
~e-aole to complete the Project for the sum allotted
by the Government, or that the Applioant will not be able
to obtain any funds which, in addition t.o such sum, shall
be necessary to co~p1ete the Project:
Plans and Specif:tcations and Certifica.te o~ Purposes: tf
the Appl~cant sha1l no~ have filed with tEe Government plans
and spec~fioations for the Project accompanied by a certifi-
cate o~ ~trposes setting out in detail the amounts ~d pur-
poses of the expenditures which the Applicant proposes to
maRe in cornection with the Project, and the Government
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shall not have accApted such plans and speoifications and
such certificate of purposes as showing thAt. the Proje~t
wlll be constructed in stJoch 8 Tnn.nner ns to pl'ovide reason-
Rblo s13('urity for the loan to be made by tho Government and
to comply wlth the EmeT'~oncy Relief' AppropriAtion Act of
19~Jj5 l.n all respects.
,'\
5. InterAst of MambeJ" of Congress. 'No Momber of or Deleeate
to the Cone'J"essof~he Unii~en~S01" AmericR shall be nJ.lowed
to participate in any a.[1;reement f'rlsing :from thA acoeptance of th1.s
offer or in the fund::J hereby t'l1ado I'1vilablo ror the oonstructton of
the Project, OJ" to any benefit ari~lng therefrom.
6. Bon'\.1.s or Commlss:ton. The Appltcant sha.ll not pay any b0m.18
or commls'~;ion for :me purpose of obtai..ning an appl'ovnl of the
application.
7. Information. The Applicant f\hall .furnish the Government
wlth l'easonnble information and do. ta conc6:!:ning the construotion,
cost, and progress of the work. Upon request the Applicant shall
also furnish the Government, and any purchaoer ~rom the Government
Q~ at least 25 percent of the bonds, which adequate ~inanc1a1 state-
ments and other reAsonable informat1.on and data. relating to the
Applicant.
R. Bond Circular. 1]1he Applicant shall furnish al1 SI.1ch info!'ma-
tion in proper form for the preparation of a bond c:l.rcular and shall
take all such steps as the Government or any purchaser or plu'ehasers
from the Government of not less than 25 percent of the bonds may
reasonably require to aid in the sale by the Government or any such
purchaser or purchasers of any or p.IJ. of the bonds.
0. Insurance. The Aunlicant shall carry reasonable and adequate
:Ionsurance upon the completed PY'oject or any completed part thereof'
socce!"ted by the Applicant or tbe system of wh1ch the Project 1s a pa~t.
10. Name c.f Project. The Applicant shall not name the Pro ject
~or any living-Person.
11. Grant nnd Bond Payments.
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(a)
Advance Grant: Upon acceptance o~ this orfer, the Appli-
cant may request an advance on account of the grant in an
amount not exceedin.g IB pel'cent of the est:l.mated cost of the
Project. This advanco grant may be used for paying architec-
tural, engineerine, and planning fees, costs of' surveys,
bor:tne;s, and other prelim1.nary :J.nvestiea.tions, costs of'
preparat:ton of plans, specifications and other forms of
proposed contract documents, and costs of advertisements
for bids for cont~acts, and the printing of the bonds,
but not in payment for the acquisition of lands, ease-
ments, or J'ight9-0~-way. The request for this advance grant
shall be ac~ompanied by a. signed cel'tifioatec6f' :purposes in
which shall appear in reasona"hlE'l detail the purposes for
which such advance grant will be used;
(b)
Pa~nent for Bonds: A requisition requestin~ the Government
to take up and pay for bonds will be honored as soon as
possible a~ter such bonds a~e ready for delivery, i~ the
bond transcri~t and other documents supporting such re-
quisitions are complete;
Intermediate Grant Requisitions: Sinnlltaneouslv with the
del:l.very of' a.nd payment for the bonds by the Government, or~
when bonds are taken up and paid for in more than one'in-
stallment, simultaneously with the delivery of and pa~ent
for the f:J.nal installment, if the An'!'11icant has ~o requisi-
tioned and '!,f such requ:l,si t.t on :los a.ccompanied by a signed
certificate of PU1'poses shovring in reasc:nable detail the
purposes for which the funds will be used> ~'1d that such
funds will be used for items properly incJ:uded as part of'
the cost of the PY'oject, the Government w11l make a grant
(c)
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of A.n nrlnuni~ 1'0prescntt1l5 the di.f:f'A"t"~nco bl)tvmen the advanue
~l"fl.nt nn<l an ar10unt oqnnl to P5 pe"'Qf~nt of 3'.lid pre'\riollsly
est1mntad c03t of tho Project. Yfuen tho Projoct shall be
appro7.imq,tely 70 porcen.t completod the Applicant ma.y f'ile
its requtsition for o,n nd<litionnl gl'ant ill an o.mount whioh,
to~otho:r VIi t:h the amount p:povioualy pa:ld on acoount of the
~rant, is equnl to 35 percont of the cost of the Project, but
in no t)vent in n.n nmount e:xceedil1p; the amount set forth
in para~r::lph 3 hop()of;
The i.ntel'mediate IT,l.nnt reqlli~1 tions will be honored if
the documentH neceosnry to support such requisit1.ons are
con~p1ete <md \'lork on tho Project has progressed in accord-
ancn with the provisions of this offer relating thereto;
Final Grant Payment: At any time after completing the Pro-
'jOClr;" the Ap;>l want ml:l.Y' f'ile a. requ.isi tion requesting the
remaindep of the eral1t whi.Jh, toe;ether with all previous
pa'Y1l1ents on account oi' such ~rant, shall be an amount not
in eY-CAS8 of A~ percent of the actual cost o~ the Project
upon completion, but not to excoed, in any event, tho amount
of the grant set forth in :paraera.ph 3 hereof. The final
grant requ1.sition will be honored if the documents necessary
to suppopt it are complete and "lork on the Project has been
c0n1!,l8tod. in r,1cco:rdance with the provisions of this o~fer
relatine thereto;
Constrllctlon l'Lcnount: A separate account or a~counts (here-
in co11Actively called the llConstruction Account") shall be
sot un :tn a bank or banks which are menlbers of the Federal
Deposit Insuranco Corpol'ation a.nd of thA Federal Reserve
System. The advance grant, the intermediate grants, the
~roce8ds from the sale o~ tho bonds (ey-clusive of accrued
intel'est and an flmount, i.f any, repr'esenting interest during
construction~, the final Grant, and any othor moneys which
shall be requt:r'ed in addition to the foregoing to pa.y the
cost of constructing the Proj8~t shall be deposited in the
Construction AccmQr~, promptly upon receipt thereof. All
accrued interest paicl, by the Government at thA time of d e-
J.! Ve1~"y of' the bonds shall be prld :into a separate a.ccount
(herr>in eal1Ad the "Bond Fundll). Payments f"r the construc-
tion of the Project shall be made only :from the Construction
Account;
Dl srnu'sf':rr!/3nt of j,Ton€~TO in 9o~~s~_ru~t~o.!!....l\~ount: Moneys in
~he Construction ^ccounr-shall be expended onfy for such
purposes a.s shall have been prevtously specif'ied in the
c~rtif:"Lca.te of pnrpol'Jes filed with and accepted by the Govern-
ment. All monoys l"emain:tng in the Constl7tlction !\ccount after
all nosts lncnrr6c1 in connection with the Project have been
pnid shall either be 'Used to repurchase bendS, if any of the
bonds are then held by the Government, or be transferred to
the Bond Fund;
Use of llloneys in Bond F\tnd: filoneys in the Bond Fund shall be
expenaed soIelyfQF'""'€h6'"}ii"I'pose of pa's'G:'g interest on and
principal of' the bonds.
12. Const~~ction of Project. The ~ollowing policies have been
a.dopted by the Federal miLergency AdministT'atiOl1 of' Public Works in
order to ef~ectuate the purposes of the Entel'gency Helief Appropriation
Act of 1935, and the making of the loan and grant herein set forth
shall be subject to the condit~on thut the Applicant, in the exercise
o~ its lawful discretion, shall adopt said policies and comply there-
with in the construction of the Project:
(a) That ir a project is to be const~lcted under contract,
contracts should be awarded to the lowest. responsible bidder
pursuant to public advertisement and that every opportunity
be ~ven for ~pee, open and competitive bidding .for contracts
for construction and contracts for the purchase of materlals
and equipment;
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(b)
'Phnt the us e in the opeci ftco.tions or othervlise of the name
of II pl'OprietllT.'Y product OI' the name o:f the manuracturer 01'
vendol" to r'Ief'1ne t.llA mnter:tal or pl"Odl1ct requirod, unless
BllC11 nnmo is fo]1o\'1od oy the torm "or equal" is considered
contrnr'jT to the 1)0J.i071 of' freo, oymn and competitive bidding.
\'lhore such a specification 1s l1sed l.n lieu of desori:r,tive
detai' of fltlhBtnnc e and function, the term ~~or equal' Is to
be 1. it Qrally consi~rued so that any mo.tel":'.a J. or nrt:tcle which
\vilJ. perfopm adequately the duties impoflAd by the general
denign "'!~.ll bo cons:tdnrod snti~:factor>y;
(c)
That, 1.n determining the lovrest bid(lel' fOT" the supplying
of m8terlals and e~~ipment, in the interest of standardiza-
tion or uJ.tima.t6 economy, thfl contl"act may bo El.1'1arded to
other than the actual 10wos1; bidder;
(d)
ThRt, 'In order to insure completion of a project within the
f'unds ava.ilable for the construction thereof', faithful per-
formance of constM.lct'ion contracts will be assured by re-
quiring p~~formanco bonds written in an amount equal to 100%
of tho cont.l"Rct prico by one or more corporate su.reties finan-
cially able to n~s'tlmo the l'isk a.nd that such bonds will be
f'urther condittonl3d u!1on the payment of all persons sll!1plying
Inbor and f'1.lrnishinc; ma teriaJ.s f'or the c onstruct:ton of the
proj oct, except in. t.hane cas os in which it is requ:tred by
th~ J.'1.W of' Florida that protect:ton for labor and materialmen
be provided by a bond separate from the pe~f'ormance bond.
In such case, a perf'o~mance bond in an amount equ.al to 100%
of the cont~act ~'i~o supplemented by a separate labor and
materialmen's bond in an amount not less than 50% 61" the
contract !>r1.~e v:1l1 be adequatl};
That, if the wor~ on any proposed construction contract is
hazardous, the ~ontractor ~~ll be required to provide public
l1.ability 1.nsuranc (1 BJ'.ld p1'oporty damage insurance in amounts
reasonably sufficient to protect the contractor and each su.b-
contra.ctor;
(e)
(f) That m~,nimu.m or other' vrae;e rstes I'equired to be predetermined
by the law ot' Flot'ida or local ordinance shall be pl?edetermineC!,
by the ap~licwnt in accordancetherevdth and incorporated in
the appropriate contract documents. In the absence or
appl :t.~able law or ord:1nancer the appl:l.cant sha.ll predetermine
rdninum wage rates, in accordance with customary local ra tea,
~or all the trades and occupations to be employed on the
project, and incorporate them in the appropriate contract
doculTIents~
(g) That the work shall be commenced as quickly as possible
after funds are made :,:vailR.ble and be continued to comple-
tion with all practicable dispatch in an efficient and
economical manner;
(~) That the Project will be constructed in accordance with the
provision s of t.he attached ::.-:.xhi bit A. whtch is hereby made
a part hp.~eof; to insure this ~lrpose appropriate provisions
will be incorporated in all contracts (e.xcept subcontracts)
for work to be performed at the site of the Project. (Ex-
hibit A has been so worded that the nrovisions thereof',
may, if the Applicant so desires, bp. inserted verbatim in
such construction contract or contracts). If any of the
provisions contained in Paragraphs 5 to 18, inclusive, of
Exhibit A.f5hall be held invalid, such inval'idity shall not
affect the validity and effectiveness of the other pro-
visions of t.ht'3 of'fep.
13. The Administrator and the Government shall have no rights
or power of any kind with respect to the rr.tes to be :fixed or charged
by the Project, e~cepting only such rights as ~hey may have as a holder
of' such bonds under the laws and Constitution o~ Florida and the lawfU1
proceed.ings of' tho Applicant, taken pn.rsuant thereto, in authorizing
the issuance of ~uch bonds.
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l4. Upon acoeptance of this of~er by the Applicant, this offer
shall 5UperRedo the pp.ior ofr.er dated Docember 4, 1935, made by the
United stntes of Amerioa to the AppJ.icant to aid in financing the
construction of the ppoject.
15. This orfer is made with tbe express understwlding that
neither the lon.n nor the [':rnnt hel:'ein descr:1bed is oonditioned upon
compl1a.noo by the Applicant with any condit1ons not e.xpreasly seh forth
herein. There ar'e no other agreements or l.lndersto.ndings between the
Applicant and the Government or any" of its agencies in any way rela-
ting to said Projeot. or to the Financing or the construotion there.
UNITED ST.I\.TKC) OF AMERICA
Federal Emergency Administrator
of Public Works
by A. W. Copp
For the Assistant Admin1stratoro
be and the same is her'eby in'a1l respects accepted.
That the City Mrunager be and he is hereby authorized
and direoted ~orthwith to send to the Federal Emergency Administration
Section 2.
of Publio Works three certified copies o~ this Resolution and Three
certified copies o~ the proceedings of this special meeting in connection
with th~ adoption of this Resolution.
The above resolution waA seconded by D. O. Batohelor, and was
adopted. vdth the ~ollowin~ voting:
Ayes: R. E. Green, M~or-Commiss1oner
L. A. Marsh
J. A. Barry
R. L. Baker
D. O. Batohelor
and the ~ollo~~ng voting:
'}Tays: None.
The lilayor-Connnissioner thereupon declared said Resolution
oarried and the Mayor-Commissioner ther~pon signed said Resolution
in approval thereo~.
(S~g.ned) R. E. Green
Mayor-Commissioner
Attest:
J. E. Satte~~ield
- Cifj Clerk
Moved by :Mr. Balcer, seconded by :Mr. Marsh and carried that
the proper oity o~~icials be authorized to sign a franchise granting
M. F. Hall the privilege of running a bus from the mainland to Cl~arwater
Beach until May 31st. 1936.
meeting was adjourned.
There being no further bUSiness, the
~o!c~~
ATTEST;
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