04/05/1937
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MINUTES OF' THE MEETllifG OF' TIm CITY COJ.UfJISSION OF
THE CITY OF CLEARWATER, FLORIDA:
APRIL 5th, 1937.
A regular meeting or the City Commission of the City of Clear-
water, Florida" was held on the 5th day of April, 1937.
The meeting was called to order by the Mayor-Commissioner, and
upon roll call the following answered present:
R. E. Green, Mayor-Commissioner
J. A. Barry, Connllission er,
D. O. Batchelor, "
L. A. Marsh, "
An Ordinance No. 419 entitled "AN ORDINANCE ELECTING TO PROCEED
UlIDER PROVISIONS OF CHAPTER #15038, LAVB OF FLORIDA, 1931" IN THE ENFORCEMENT
AND FORECLOSURE OF MUNICIPAL TAXES, TAX CERTIFICATES AND/OR SPECIAL ASSESS-
MENTS AND PROVIDING THAT SUCH ELECTION SHALL BE CUMULATIVE TO ANY OTHER
REMEDIES NOW EXISTING, tI was introduced by Connnissioner Batchelor, and read
in full.
After a discussion thereof Commissioner Batchelor moved said Ordinance be
adopted as read. Commissioner Barry seconded the motion. Upon roll call the
following vote was polled:
Ayes: R. E. Green, Mayor Co~ssioner, J. A. Barry, D. O.
Batchelor and L. A. Marsh.
Nays: None.
Absent and not voting: R. L. Baker.
Thereupon the Mayor-Commissioner declared Ordinance No. 419 duly
passed upon its first reading~
Commissioner Batchelor moved that Ordinance 419 be read its
seoond time by title only. Connnissioner Barry seconded the motion. Upon
roll call the following vote was polled:
Ayes: R. E. Green, Mayor Co~ssioner,
Commissioners J. A. Barry, L. A. Marsh, and D. O. Batchelor.
Nays: None.
Absent and not voting: R. L. Baker.
Thereupon the Mayor-Commissioner declared the motion passed mod
said ordinance was read a second time by its titleo
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Commissioner Batchelor moved
said Ordinwnce be adopted as read.
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Commissioner Barry seconded the motion. Upon roll call the following vote
was polled:
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Aye s ::
Mayor-Commissioner R, E. Green,
Commissioners D. O. Batchelor, J. A. Barry and L. A. Marsh.
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Nay s :
None.
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Absent and not voting: R. L. Baker,
T.hereupon the Mayor-Commissioner declared said Ordinance duly passed
upon its seoond reading.
Commissioner Batchelor moved Ordinance 419 be read its third and final
time. Connnissioner Barry seconded the motion. Upon roll call the following
vote was polled:
Aye s :
Mayor-Commissioner R. E. Green,
Commissioners D. O. Bat€.helor, J~ A. Barry and L. A. Marsh.
Nays:
None.
Absent and not voting: R. L. Baker.
Thereupon the Mayor-Commissioner declared the motion passed and said
Ordinance was read its third and rinal t~e.
Connnissioner Batchelor moved said Ordlnance be finally adopted as read.
Commissioner Barry seconded t~ motion. Upon roll call the ~ollowing vote
was polled:
Aye s :
Mayor-Commissioner, R. E. Green.
Commissioners D. O. Batchelor, J. A. Barry and L. A.'Marsh.
Nays:
None.
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Absent and not voting: R. L. Baker.
Thereupon the Mayor-Connnissioner decla.red th~ motion passed and
Ordinance No. 419 duly adopted and signed said Ordinance and approval
tr;ereof', as ,follows:
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ORDINANCE NO. 419"
AN ORDINANCE ELECTING TO PROCEED UNDER THE PROVISIONS OF
CHAPTER #15038, LAWS OF FLORIDA, 1931~ IN THE ENFORCEMENT
AND FORECLOSURE OF MUNrC IP AL TAXES, TAX CERT IFICATES A lID JOB
SPEC'IAL ASSESSM:rnTS AND PROVID:rnG THAT SUCH ELECTION SHALL
BE CUMULATIVE TO ANY OTHER RE}'~DIES NOW EXJSTDG.
WHEREAS, under the provisions of Cballter #15038, Laws o-r Florida, 1931,
pro vi a ion has been made ~or the t'oreclosure of' munioipal taxes, 'tax certi-
ficates and speoial assessments; wnd
WHEREAS, it is the opinion ot' the City Commission of the City of Clearwater,
Florida, that the City of Clearwater should elect to proceed under the terms
and p~ovisions of said Act;
NOW THEREFORE, BE IT ORDAINED BY THE CITY C01IMISSION OF THE CITY OF CLEAR-
WATER, . FLOR IDA: .
1st. That the City of Clearwater does hereby adopt and elect to proceed
under the provisions o~ Chapter #15038, Laws of Florida, 1931, being an Ao~
entitled:
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"An Act Relating to the En1'orcement of Taxes and/or Special
Assessments and Interest and Penalties Thereocn Imposed by
Any Incorporated City or Town in the State of Florida; Pro-
viding a Supplemental, Addi t1 emsl, Optional and Alternative
Method of Enforcing Such Tax Liens and/or Special Assessments
and Interest and Penalties T.hereon by Suit in Chancery in the
Nature of a Proceeding in Rem Against the Lands Upon Which Such
Taxes and/or Special Assessments Constitute Liens; and Prescrib-
ing the Practice, Pleading and Procedure in Such Suits and Auth-
orizing the Allowance of Reasonable Attorney's Fees Therein,"
in the enforcement and foreclosure of municipal taxos, tax certificates,
wndjor special assessmenta.
2nd. That the election of the City Conmdssion of the City of Clearwater
to proceed under the provisions of Chapter #15038, Laws of Florida, 1931,
&hall not be deemed to be exclusive, but shall be construed as cumulative,
supplemental and additional to any other remedies now existing under the
laws of the State of Florida for the enforcement and foreclosure of muni-
ci pal tax liens and/or special assessments.
3rd. T.his Ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Clearwater, Florida,
this the 5th day or April, A. D. 193?
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Attest:
J. E. Satterfield,
City Auditor and Clerk.
It was moved by Mr. Batchelor~ seconded by Mr. Barry and carried
that the City Attorney be instructed to proceed with foreclosure of pro-
perties against which there are delinquent taxes or paving assessments.
It was moved by Mr. Batchelor, seconded by Mr. Marsh and carried
that the City pay $100.00 of the deficit o:f the Clearwater Art Museum.
It was moved by Mr. Batchelor~ seconded by Mr. Marsh and carried
that ten (10) parking meters be returned to the sellers.
It was moved by Mr. Batchelor, seconded b~ Mr. Barry and carried
that the City accept the offer of $l~OOO.OO for purchase of property in
Hart's Addition upon which the City has previously foreclosed.
It was moved by Mr. Batchelor~ seconded by Mr. Barry and carried
that the City Connnission go on record that the City shall not allow anything
of value of whatever nature to be removed :from property against which are
delinquent City taxes or assessment liens.
Mr. Batchelor introduced the following resolution:
RESOLUTION TO VACATE A PORTION OF A PLAT KNOWN AS FIRST
ADDITION TO CLEARWATER BEACH PARJ;C ON CLEARWATER BEACH,
AND TO VACATE A CERTAIN STREET KNOWN AS EAST SHORE DRIVE
AS SHOWN BY A MAP OR PLAT OF FIRST ADDITION TO CLEARWATER
BEACH PARK RECORDED IN PLAT BOOK 15, PAGE e~, OF THE PUB-
LICERECORDS OF PINELLAS COUNTY, FLORIDA.
R. E. Green~ May6r-Commissioner.
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WHEREAS~ on the 18th da~ of March, A. D. 1926, a certain map or plat was re-
corded in the office o~ the Clerk o~ the Circuit Court in and for the County
of Pinellas, Flol'ida, in Plat Book 15 page eo, entitled "First A.ddition to
Clearwater Beach Park," and
WHEREAS- said map or plat showed Bloclc "A" and Lots 1 to 15 in Bloclc "Bit, and
WHEREAS said map or plat showed a street known as East Shore Drive, said street
being 60 feet in width rond rtmning north and south from Palm Street to Baymont
Street as shown on said nap or plat, and
WHEREAS the entire Bloclt "~n and Lots 1 to 15, Block "B" in the Subdivision
above mentioned was on the 25th da~ of January, A. D. 1937, conveyed tjr Clear-
water Beach Pal'k, Inc. to T. A. Morrow and J. E. Barbour, and
WHEREAS on the 24th day of February~ A. D. 1937, a map or plat was filed in
the of'fic e of the Clerk of the Circni t Court in Plat Book 21 at page 21, en-
ti tled 11 A replat of BJ.ock II A 11 and Lots 1 to 15 mclusi ve, Block liB", of
Clearwatel' Beach Park Addition, as recorded in Plat Book 15 page 80 of the
Public Records of Pinellas County, Florida~" that said plat last f'iled Bhows
a street mentiaD.ed as East Shore Drive running from Palm Street to Bay.mont
Street in a northerly and smttherly direction~ to be 60 feet wide~ but lo-
cated 130.84 ~eet west o~ the street known as East Shol'e Drive as sbown by a
map or plat l'eferred to in Plat Book 15 at page 80~ and
WHEREAS, it is deemed to be :ror the best lnterest of the citizens of Clearwater'
and the publjc genel'ally that East Shore Drive as shown on the plat or map 1'e-
cOl'ded in Plat Book 15 page 80~ be vacated~ and .
WHEREAS it is for the best interest o~ the citizen~ of Clearwater and the public
generally tl)at the dedication of East Shore Drive as shmvn on the map or plat
recorded in Plat Book 21 page 21 be accepted and approved as a,public street in
the City of Clearwatel', and
WffEREAS East Shore Drive as shown by the map or plat recorded in Plat Book 15,
page 80, has never been accepted by proper resolution as a publ~c street by the
City Commission of the City of Clearwater, and said stteet has never been used
by the Oi ty of Clearwater as a publ ic street or thoroughf"are, and has not been
laid out and no work 'done in constructing a street as shown on plat Book 15.
page 80.
BE IT RESOLVED, THEREFORE, by the City Commission of the City o~ Clea.-'-
water that East Shore Drive as shown by a map or plat recorded in Plat Book 15
page 80, of the Public Recol'ds of Pinellas County, ,Florida, be and t~ smne is
hereby vacated and closed by the City of Clearwater, and all rights or interests
~ said street enuring to the bene:rit of the City o:r Clearwater are hereby 1'e-,
linqushed and released;
AND BE IT FUR'lHER RESOLVED that East Shore Drive as shwwn by. a map or
plat tl1ereo~ as recorded in Plat Book 21 page 21, be and the srome is hereby
accepted by ~e City Commission of t~ City of Clearwater, as a public street
or thoroughf'are.
Which ,vas read in full and after discussion thereof Connn.1ssioner Batch-
elor moved that the resolution as read be adopted, which motion was accepted
by Conmissioner Barry, and upon roll call the follwwing vote was polled:
AYES: R. E. Green, Mayor-Commissioner,
Connn.1ssioners D. O. Batchelor, J. A. Barry, L. A. Marsh.
Nays: None.
Absent and not vot:1ng: R. L. Baker.
Thereupon the Mayor-Commissioner declared the resolution duly adopted.
Passed and adopted by the City Commission of the City or Clearwater,
Florida, this 5th day of April, A. D. 193?1
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R. E. Green~ Xa70r-Comm1ssion~.
Attest:
J. E. Satterf"ield, City Auditor and Clerk.
Mr. Batchelor introduced the following resolution:
RESOLUTION AMENDING A RESOLWL1lON PASSED BY THE CITY COMMISSION
ON THE 2nd DAY OF NOVEMBER, 1936, ENTITLED irA RESOLUTION PRE-
SCRIBING THE N UMBERS AND DENOMINATIONS OF BEFtnIDING BONDS AlID
DELINQUENT TAX NOTES OF THE ISSUES OF JULY 1, 1956, AND DIRECT..
ING THE EXCHAnGE THmEOF FOR OUTSTA},TJ)lNG IlIDEBTEDNESS TO BE RE-
F'tlliDED THm BEY _ If
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