06/15/1936
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MINllTESOF THE CI'l'X uuM.DO:SSION
JUNE 15, 1936
The City CoDmdss1on of the City of Clearwater, Florida met on bhe
above date in a regular maet1ng assembled with the following members
present:
R. E. Green, May-or-Comm1ss1oner
L. A. :Marsh
R. L. Baker
D. O. Batohe1or
J. A. Bar17
Moved by Mr. Batchelor, seoonded by Mr. Marsh and oal"l'1ed that the
City acoept the flat sum of $50.00 in payment ot all outstanding City
taxes and spec1al assessment liens on Lot 5, Blook F, Plaza Park SUb-
division, provided 1936 taxes are paid prior to said canoellation.
Moved by Mr. Batchelor, seconded by Mr. Marsh and oarried that the
City accept the flat sum of $50.00 in pa~nt ot all outstanding Olt~ .
taxes and speo1a~ assessment ~iens on Lot 2~ Block V, Carolina Terraoe
Subdivision, provided 1936 t~~es are paid prior to said cancellation.
Moved by Mr. Batchelor, seconded by Mr. Marsh and carried that the
proper City officials be author1zed to sign a lease to John Hatz, as
set rorth herein:
LEASE
STATE OF FLORIDA )
COUNTY OF PINEr..LAS )
THIS INDENTURE OF LEASE. :Made and entered into this the 15th da~ of
J'un.e, A. D. 1936, by- and between the CITY OF CLEARWATER. a Municipal
Corporation, located in Pine1las County, Florida. hereinafter called the
Lessor, and JOHN F. HATZ, of P1nellas County, Florida. hereinafter oal1ed the
Lessee ;
WIT N E SSE T H: That for ~d in consideration of the mutual oove-
nants, proudses and agreaments herein contained, as well as the rent
hereinafter reserved~ the said Lessor does hereby lease, ~et and demise
unto the said Lessee the following described land, situate in Pinellas
Count7, Florida. to-wit :
Beg1nning at the center line of Causeway Boulevard and Mandalay
Eou1evard on Clearwater Beaoh Island, Clearwater, Florida. Run thence
North 6 degrees and 32 minutes East 40.755 feet along the oenter line or
Mandalay BouleVard, thence North 85 degrees and 29 mdnutes East 40.755 feet
parallel to the center ~ine of Causeway Boul.evard for a point of beginning.
Run thence North 6 degrees and 32 minutes East 2l5.4~9 feet p~allel to
Mandala7 Boulevard to the South property line of Park Drive, thence East
lOO.t663 feet along the South line of Fark Drive, thence South 6 degrees
and 32 minutes West 207.479 feet to the North line of Causeway Boulevard,
thenoe South 85 degrees and 29 ~ut&8 West 101.889 feet along the Borth
property line of Causeway Boulevard to point of b~ginning.
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TO HAVE AND TO HOJ..D th.o same for a teI'D1 of" ten (10) years beginning
July 1st, A. D. J.9:36, and continldng to and conoluding upon tile 30th d81'
of June, A. D. 1946, for a tota~ renta1 of $11,100~OO~ payable by the
Lessee at the City Ka11 in QJ.earwater, Florida, in the manner follow~ns:
The sum of" $75.00 pe~ month commencing July 1st, A. D. 1936, and a 11ke sum
of $75.00 per month on the 1st day of ea.ch and every- ce.lendar month there-
after up to and ~ncluding JUn6 30th. A. D. 19:39, and ~aid Lessee oovena~t8 and
agrees to pay as rent for sa~d premises for the next ensuing seven (7) years
commencing JUly 1st, A. D. 1939, and concl~1ng upon the 30th day of ~e,
A. D. 1946, the sum of" $100.00 per month. Sa1n rent to be paid on tho 1st
day of each and every oalendar month dUl'ing sa1dsseven (7) year period.
said Lessor ooven~ts and agrees that at the exp~ration of this lease
to give and to grwnt unto the said Lessee for the spsee of thirty (30) daTs
~ option to renew this lease for a perm not to exceed five (5) years from
the first day of lul~, 1946~ upon such rate of rental as the parties hereto
may agree upon. In case the parties hereto oannot amoabl,. agree upon the
amount of rent to be oharged by the said Lessor for the renewal of this
lease, as above prov~ded for, the amount of rent shall be determdned in the
following manner : Said lessor shall select one person as an arbitrator,
said Lessee shall se~ect another arbitrator, an~ tho two arb~trators so
selected shall choose a third arbitrator, the three arb:l.trators ahaJ.l then
decide by majority vote tho BJI10unt of rent to prevail throllghcJ"llt suoh re-
newed lease and the decision so reached shall be f~nal, abeolute and binding
~pon the part~es hereto.
~e said Lessor agrees not to levy, assess, collect or attempt to
collect anymun1c1pal taxes upon said leased property for the years 1935,
1937 and 1938, and said Lessee covenants ~d agrees dur1ng the lire of this
lease to pay of~ and discharge aJ.l state and CountY' Taxos commel1cing with
the year 1936 oond subsequent thereto, and further agrees to pay a~l
municipal taxes s~bsequenG to the ~ear 1939, levied and assessed upon sa~d
property, and to suffer 110 tax or assessm.ent of anY' kind or nature to
become or remain in defa~t, nor to suf~er or per.m1t anY' tax certif~~ates
or tax deed to be issued upon sa1d property or an~ tax sa1e to be had 01
said property during the ax~stence o~ this lease.
It is covenwnted and agreed that said Lessee shall have the right and
privilege to erect on said 1eased premdses during the extstenoa of this
1ease certain buildings whioh are to be used for bus1ness p~ose8, ail of
whioh buildings are to be construoted according to good budlding praoti~e8
and the plans and spacif~eations for wh1eh# and ~T alterations, modifica-
tions or additions thereto, shall, prior to the actual ereotion thereof~
be submitted to and a.pproved bY' the City Manager of the Lessor Corp()rat~()n.
The said Lessee oovenants and agrees during the existence of this ~ease
to keep:tbe bu11d~ngs now situated on said demised preDdses or hereafter
erected thereon, ins~ed in the nRnW of the Lessor against fire ~n not ~ess
tll8.n 50% of' the full insux'ab1e va.1ue thereof, in some rep\1ta.bJ.e old line
f'ire insu:ranoe company, approved by the Leesor. and to paT the prem.!:ums llpon
such insurance when due, and ~n the event of loss o~ destruction, either
in part 'r in wno1e~ or sa~d buildings, or any o~ them_ the 3aid Lessee
agrees within a reasonab1e t~e to repalr~ replace or rebui1d said buildings
at his own expense in the same wa~, and to the smne extent and accord~ng ~o
the same plans and specif1cat~ons as were used in the for.mer const~tion
of s~~ unless a d1f~erent progrwnor different plans ~d specificat~on8
shall be agreed to bY' the said Lessor, the Lessee in ~y case to furnish,
pr~or to tb.e actual repa:lr, repl.a.cement or rebuilding of said b'Uildings~
plans ~d speoifications therefor to the C1tT Manager of said Lessor
Gorporation f'or the latter's inspection rood approva1. rn the event said
Lessee should elect to pay over to said Lessor the entire sum realized from
insurance policies upon sa:1d bu~ld:l.ngs~ in the event of' 10S81 damage oj!
destruction~ as above referred to~ the said Lessor agrees to waive the fore-
going provi8ion or th~s 1ease which provides for repair, replacement or
rebuilding of said bu11dings~ ~d th:ls lease shall then be terminated ~d
declared at an end~ and the parties hereto shall then mutually release each
other tromfurther performance hereunder.
The said Lessee covenants and agrees throughout the duration of thLs
lease to keep said b~ld1nss ereoted on sa~d dendsed premises in a proper
state of' repair and Lessee further covenants ~d agrees to make no unlawful.
iuproper or offensive use of said premise., and to quit and del~ver up said
pramises at the end of said te~, including all por.mwnent buildings, perma-
nent improvements ~d permanent f~xtures placed thereon by the said 1essee,
in as good condition as the-y shalJ. be upon the construotion of' said improve-
ments, ordinsr.,- wear, deoay and damage by the elements only excepted~ it
being distinct1y understood and agreed as a part of the consideration or
this lease that all budldings and permanent f1xt~es placed on said propert~
b~ .the BaLd lessee sha11 be and becom.e the propert~ of the lesso~ at tha
te~t1on of this lease.
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Lessee shall have the privilege of selling, on said premises, any
marol~dise, food, drinks, beverages, etc., for which he may have procur'ed
the p~oper City, state and Oounty lioenses. It 1s distinctly understood
that said demised pre~ses shall only be used for business purposes and
Lessee agrees not to UBe said demised premises for ~ath1ng pavilion pur-
poses or other allied businesses.
said Lessee further covenants and agrees to make no assignment or
said la.aae nor to sublet woy portion of said leased premises without the
prior WTitten consent o~ the Lessor.
In the event the City Commission of said Lessor corporation should
by proper resolution, duly adopted, at any time during the existence ot
this lease, decide that said leased premisGs, or any part thereot, are needod
for municipal purposes, this lease shall thereupon cease and determine in
whole or in part, according as the Lessor decides to take all o~ a portion
only ot said leased pre~ses, upon the payment by the Lessor to the Lessee
ot the original cost price_ less depreciation, or all buildings and permanent
, ~rovements and fixtures erecbed by said Lessee upon that part of the leased
prendses to be taken over by the said Lessor for municipal purposes, ~
accordance with the resolution or resolutions aforesaid; upon ~al~ure of
the parties hereto to ~cably agree as to the amount of such cash payment,
then the matter shall be settled by arbitration in the same manner as is
hereinbefore provided for the determination of the rate of rent in
case of a renewa1 of this lease ; provided further, however, that in the
event~ a portion only o~ said leased premises is taken over by said Lessor
~or municipal purposes, the Lessee shall have the right within sixtr (60)
days ~rom the date of said resolution to make clafm or demand upon Lessor
for the pa~nt of such damages as said Lessee may deem or consider has
accrued, or will accrue, to the remaining portion or said leased premises
by reason of the taking of a portion only of said leased premises ; and in
the event the part1.es hereto should fail to agree upon such c1aim or demand
so made by the Lessee such claim or demand shall be referred to arbitration
in the same manner as hereinbefore provided, ror the purpose (1) of deter-
ndning whether the taking of a portion on1~ of the leased premdses has actua11y
damaged the value of the remainder, and (2) for the purpose of ~ixing the
amount of compensation, if any, to be paid by the Lessor to the Lessee by reason
of the taking of a portion only of said leased pre~ses. It is further
agreed ~d understood that in the event the said Lessor should by resolution
take a portion of the leased premises for municipal purposes, and in the
further event the said Lessee should within sixty (60) days from the date ot
said resolution amke a demand for an abatement ot said rent commensurate
with the loss of a portion of said leased premises, then if Lessor Ww1~Lessee
are unable to agree as to such abatement, the matter Shall be reterred to
arbitration, in the same way as hereinbefore provided in this lease.
It is further agreed between the parties hereto that in the event said
Lessee sbou1d fail to make the payments herein provided for or sbo~d breach
any of the covenants herein contained. then said Lessee shall forthwith be-
come a tenant at sufferance and the said Lessor shall have the right, privi-
~ege and option atter thirty (30) days notice, in writing to said Lessee
of the breach of such coYenan~s or agreements, to declare th1s lease terminated,
and in which event the said Lessor shall be entitled immediately to re-enter
and take possession ot said prendses, including all buildings wad per.manent
fixtures erected thereon~
All s~ of monoy payable as rent for said de~sed premises sba11 be
due wad pa"3ab~e b1 the Lessee at the City Hall in the city of Clearwater,
Florida, ~d said Lessee expressly waives demand for the payment of any
rent herein provided for from said Lessor.
This lease shall be binding upon the parties hereto, their successors,
administrators and assigns.
IN WIT.NESS WHEREOF.. the said Lessor has caused this lease to be executed
by l.ts C1.t~ Manager and City Auditor and Clerk, countersigned b~ its Mayor-
Comadssioner, and l.ts corporate seal to be hereunto attached, wad the said
Lessee has herelmto set his band and seal, the day and year first above
written.
CITY OF CLEARWATER, FLORIDA,
BY: (Signedl A. D. Hicbols
C ty Manager
(S1~edb J. E. Satte~t1eld
1tr AUdItor & Clerk
COUNTERSIG~ED :
(Si~ed) R. E. Green
. 14ayor-Comm1ss1oner. -
Signed, sea1ed and delivered
in the presence ot :
J opn F. .:star.
Approved as to form and
correctness.
~1\D"ae 11. 'T'b-m-nt=p%\,
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(Signed) JQhn C. Polhil1
. C1ty Attorne7
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The Mayor oalled for expressions from the audienoe with regard to
sale of Radio Station WFLA to the Flor-ida West Coast Broadoast1ns Company_
Oonsiderable d1soussion was had from the floor, tn whioh so~ ot the
audience objected to the sale and others favored 1t, A.resolution from
The Cit~ of st. Petersburg, objecting to the sale of Radio Station WFLA,
and a resolution of the JUnior Chwmber of Commerce of Clearwater, urging
that the Cit~ CoDmdss1on advertise for bids on the sale of WFLA, allowing
ample time for tnorougn investigation. were read. The Commission then
postponed aotion and the sale of Radio Station to a meeting to be held
for that purpose on JUne 22nd, 1936.
Moved b~ Mr. Batohe1or, seconded by JAr. Marsh and earrj,ed that the
City Commission donate $100.00 toward the expenses of the State Conven-
tion of the Sons of the American Legion.
Mr. Marsh introduced Ord1nanco lIo. 410 for its first reading and
moved its adoption. Seoonded by Mr. BatcheloI' and upon roll. call. the
following vote was pol~ed:
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Ayes: !4ayor-Comm:1ss1oner Green
MI' . Marsh
MI'. Baker
Mr. Batchelor
Mr. BaXTJ'
Nays: None.
Whereupon~ the Mayor deolared the Ordinanoe passed its first reading.
Moved by Mr. 14a.I'sh, seconded bY' Mr. Batohe1or and unanimously cawied
that the rules be waived and that the Orn1~enee be plaoed upon its seoond
reading imm.ediate1y by title only. The Ordinance having been read by
ti'tle, moved by Mr. Marsh, seoonded by)b:a. Batchelor that the rules be
further waived and that the Ordinance be passed ita second reading. The
fo1lowing vote was polled:
Ayes: Mayor-Oommissioner Green
JAr. Marsh
Mr. Bake%'
Mr. Batchelor
Mr. Bar:ry
Nays: None.
Whereupon the Mayor declared the Ordinanoe passed ~ts seoond reading.
Moved by Hr. Jla:rsh, seconded by Mr. Batchelor and unanimously carried
that the rules be further waived and the Ord1nanee be pl.aced upon its
third ~d final reading in ful1 ~mmed~ately.
The Ordinance having been read in full, moved by Yr. Ma.rsh, seconded
by Mr. Batchelo:r that the Ordinanoe be passed its ~rd wnd final reading
and, upon ro11 ca1l1 the f"ollowing vote was polled:
Ayes:
Nayor-OoDmissioner Green
Mr. Marsh
Mro BakeX'
Mr. Batchelor
Mr. BaITY'
Nays: None.
Whereupon the Mayor deolared the Ordinance dUly passed and in effeot
and signed the same as fol.lowa:
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ORDINANCE NO. 410
AN ORDINANCE FDCING RATES AND PROVIDING RULES AND
REGULATIONS FOR THE GOVERNMENT OF THE GAS DEPART-
MENT OF THE CITY OF CLEARWATER, FLORIDA.
BE IT ORDADlED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FL ORIDA:
SECTION 1. Any person, firm or corporation within the City of C&ear-
water wanting gas service must make application tor such service connection
to City Gas main, to the Superintendent or the Gas Department, who shall
issue permit for such connection wnd said applicant must pay connection
tee as set forth in Section 2 hereof. to the City Collector before
connection will be made. All taps and connections to be made by authorized
employees of the Gas Department.
SECTION 2. Terms and fees for tapping are as follows ~ 3/4 inch ser-
vice, regular house servioe taps shall be $6.00 for tapping, all
connections to be extended from gas nm1n to outside curb line. Larger
size taps and connections to be made and charges fixed on cost of
materia~ used and labor for s~e. Heters ~d regulators to be furnished
by the Gas Department.
SECTION 3. Gas rates under the different schedules to be as fo1lows~
(a) Domestic, (store, office or residential service) etc.
500 cubic teet minimum bill
600 cubic teet
'700 cubic teet
800 cubic teet
900 cubic feet
1000 cubic feet
~ext 1000cubie feet
Next 3000 cubic feet
Allover 5000 cubic feet
$1.25 Net
1.35 net
1.45 net.
l~55~\net
1.65 net
1.75 net
1.75 per M.net
1.50 per M.net
1.35 per M.net
(b) Optional rate. To users who own and operate an automatic hot
water heater, and on their requsst, an optional rate wil1 be made of a
flat charge of' $1.75 per month plUS a. charge for all. gas used at $1.00
~e:!' thousand cubic teet. On this service the minimum. monthly charge is
$1.'75.
(c) To large users such as industrial plants, restuarants and
central heating plants, the City Manager is authorized to establish
rea~onable rates depending on volume and char~cter ot service anywhere
between rate (a) and rate (b).
SECTION 4. Gas service pipes in buildings, ot two or more stories in
height, ~t be installed by approval of Superintendent Gas Department.
Larger service pipes Will be required in buildings of two, or more stories
:in height to give an adequate gas supply, and a more satisfactory ser-
vice. Penalty for non-observance of this section will be re1'usal of ser-
vice until piping is corrected by owner and approved by Superintendent
Gas Department.
SECTION 5. All service pipes must have a suitable lock wing controlled
shut orf valve placed in a visible and accessible place~ ~d must not be
placed where ~t may be covered by walls or lattice work on buildings.
Penalty for non-observance of this Section will be the same as in Section 4.
SECTION 6. All repairs to Gas service pipes from propert~ line inward
must be made at owner's expense, but the Gas Department reserves the
right and authority at any time to make all repairs from gas mains to
meter~ same to be charged to property owner. All other repairs must be
made by owner.
SECTION 7. All damages to meters, when caused by destruDt1ve negligence
on part ot consumer, will be charged to consumer, where such damages
OOCUl'.
SECTION B. No new gas service will be turned on until 1.nspect1on made
by City Gas employee.
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SECTION 9. A11 gas rents and acoounts are due and payable montnly
following the month in wh10h tho gas is used. Bi11 for same will be
mailed to oonsumer monthly, provided, however, failure to receive b1ll
will not constitute a o~aim ror non-payment or tne Boone. All aocounts
will beoome delinquent rifteen days following the rendering of the bill.
Gas serv10e w1ll be disDontinued after bill has beoome del1nqaent ~d
a turn-pn fee of $1.00 will be oollected whBn bill is paid and gas vd11
be turned on as soon as possible. Complaints for adjuwtment of ~ents
nwwt be made witnin five days after date of b1ll, otherwise adjustments
will be made on next bill.
SECTION 10. It shall be unlawfUl for anyone, not an authorized e~loyee
of Gas Department to turn on gas where gas has been shut off fo~ non-
pa~nt of gas rents. and other accounts. No gas shall be tur.nad on by
anyone not an authorized employee of Gas Department whether :lt be a new
service connection or an old servioe COIUlBotion that has been shut off
for oause. Parties wanting gas turned on shall notify Gas Depa~tment,
and same will be turned on wi thin a reasonable time.
SECTION 11. It shall be unlawfUl for anyone, not an authorized employee
of the Gas Department to meddle with, or remove meters and!or regulat.o~s.
and to meddle with or use serv:lce shut-off cODk. exoept in oase of acoi-
dent to the p1ping, or necessary repa1rso
SECTION 12. It shall be unlawfuJ. for anyone, not an authorized employee
of the Gas Department or the City F:lre Department to in ~y way meddle
with or open Gase valves, or to naddle in any way with the Gas Works
Equipment, Plant or Mains.
SECTION 13. The Superintendent of Gas Department or any person autbo~-
ized by ~tm, shall have acoess (at any reasonable hour of day) to ~y
premdses served by Gas Depa~tment, for inspeotion of piping and fixtures,
or for reading meters.
SECTION 14. Any person who shal~ violate any of the provisions of this
Ordinance shall apon conv1Gt10n in the Munioipal Court be fined not
exoeeding the sum of $100.00, or imprisoned in the City Jail not ex-
ceeding thirtY' (30) days, 01' by both such fine and impr1.sonment, :1n
the disoretion of the Municipal ~dge.
SECTION 15. All Ordinances or parts of O~1nances in conflict nere-
~th are hereby repealed.
SECTION 16. This Ordinance shal~ take effect immediate1y upon ita
passage.
Passed and adopted by the City Commission of the C~ty of Clear-
water~ Florida this 15th day of June, ~~0D~, 1936.
"--
Mr. Marsh ~ntroduced Ordinwooe No. 411 for its first reading. and
moved- ;i ts adopt1Gn.' Seconded by Mr. Batchelor and upon roll call. the
following vote was polled:
Ayes:
Hayor-Conmdssioner Green
Mr. Marsh
Mr. Baker
Mr. Batchelol'
Mr. Barr,.
Nays: None.
Whereupon, the Mayor deelarea the Ordin~oe passed its first reading.
Moved by Mr. Marsh~ seoonded by Mr. Batvhelol' and unanimously oa~ried.
that the rUles be waived and that the Ordinanoe be p1aoed upon its seoond
reading immediately by bitle only. The Ordinance having been read bT
tit1e, moved by Mr. Marsh. seoonded by Mr. Batchelor that the :rules be
fU1'ther waived and that the Ordinance be passed its seoond reading. The
1'ollow!.ng vote was polled:
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Ayes: Mayor-Commdssioner Green
Mr. Marsh
Mr. Bakel'
Mr. Batohelor
Hr. Barry
Naya: None.
.
Whereupon the Mayor deolared the Ordinanoe passed its seoond reading.
Moved by Mr. Marsh, seoonded by Mr. Batchelor and unanimously carried
that the rules be further waived and the Ordinanoe be placed upon its
third and final reading in full immediately.
The Ordinanoe having been read in full, moved by Mr. Marsh, seconded
by Mr. Batchelor that the Ordinanoe be passed its third and final reading
and, upon roll call, the following vote was polled:
Ayes: Mayor-Commissioner Green
Mr. Marsh
Mr. Ba}{er
Mr. Batchelor
:Mr. BarI7
Nays: None.
."
Whereupon the Mayor deolared the Ordinance duly passed and in effect
and signed the s~e as follows:
".
ORDINANCE NO. 411
, .,. '"
'I
\.
AN ORDINANCE OF THE CITY OF CLEARWATER
FLORIDA TO BE ENTITLED,
AN ORDINANCE TO ESTABLISH WAGE RATE OF
DISTRIBUTOR OPERATOR FOR PWA PROJECTS
IN THE CITY OF CLEARWATER, FLORIDA
'f
BE IT OP~AINED by the City Co~sslon of the City of Clearwater,
Florida:
SECTION 1. That the rate of pay for distributor operators to
be emplo7ed by contractors under the EWA projeots in the City of Clear-
water is hereby'established at Forty ($.40) oents per hour,
Passed and adopted by the City Commission of the City of Clearwater,
Florida, 'this 15th day of June A. D. 1936.
,'"
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(Signed) R. E. Green
Mayor-C0mm1aS1oner
~'
ATTEST:
(Signed) J. E. Satterfield
C1ty AUditor ~ Ciel'k.
'.
There being'no further business, the meeting was thereupon adjourned.
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