08/22/1938
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MI111JTES 01" Tlill CJ'lry COlfJMISS ION
Angus t 22, 1938
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A regular meetinr; of the City Commission of the City of
Cleal'wuter, Florida, was held on the 22nd day of August, ]938.
The meet1ne was callod to ordor by the Mayor-Cooonissioner
and upon roll call the followlnr, answered present:
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Lo A. !~!arsh, !,~e.:;ror-ConnnissJoner
D. O. Batchelor
R. L. Daker
J. A. Barry
Herber:f; Grlce
The following were absent:
None
An Ordj,nance No. 427 entitled "AN ORDINANCE PROPOSING THE
CONSTRlTCTION OF A SANITARY SEWERAGE SYSTEM, AIm TO AID IN FINANCING
THE cosrr OF SAID CONSTRUCTION, PROPOSING THE ISSUAHCE OF ~~272,OOO.OO
REVENUE CERTIFICNrES OF THE CITY 01<' CLEARWATER, FLORIDA, PAYABLE
SOLELY FRaIl'! r:J.1HE REVEl-TImS DERIVED FROM SAID SAlUTARY SEWERAGE SYSTEM,"
was introduced by IvIr. Balcer and read in full.
After a discussion thereof Mr. Balcer moved said Ordinance be
adopted as read. I\:r. Batchelor seconded the motion. Upon roll call
the following vote was polled:
Ayes: Mr. 1.larsh
Mr. Baker
Mr. Barr.-1
lITr. Batchelor
Itr. Grice
Nays: None
Thereupon, the !\1ayor-Commissioner declared Ordinance No. 427
duly passed upon its rirst reading.
Mr. Baker moved that Ordinance No. 427 be read its second
time by title only. Mr. Batchelor seconded the motion. Upon roll
call the following vote was polled:
Ayes:
I.1r. Mar sh
Mr. Batchelor
Mr. Baker
Mr. Barry
Mr. Marsh
Nay s :
Thereupon the Mayor-Commissioner declared the motion passed
None
(y
and said Ordinance'was read a xecond time by its title.
Mr. Bwrer moved said Ordinance be adopted as read. Mr. Bat-
chelor seconded the m otlon. Upon roll call the following vote was
polled:
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Ayes: Mr. Marsh
Mr. Batohelor
Mr. Baker
Mr. Barry
M:r. Grioe
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None
Thereupon the 1.1a;ror-Commissioner deolared said Ordinanoe duly
passed upon its second reading.
Mr. Balcer moved Ordinance No. 427 be read its third and final
time. Mr. Batchelor seconded the motion. Upon roll call the following
vote was polled:
Aye s: Mr. Marsh
Mr. Batchelor
Mr. Balcer
Mr. Barry
Mr. Grice
Nays: None
Thereupon the Mayor-COlnil1is'sioner declared the motion passed and
said Ordinance was read its third and final time.
Mr. Baker moved said Ordinance be finally adopted as read. ~r.
Batohelor seoonded the motion. Upon roll 00.11 the following vote was
polled:
Ayes: Mr. Marsh
Mr. Batohelor
Mr. Baker
Mr. Barry
Mr. Grice
Nays: None
Thereupon the !\'layor-Cornmj,ssioner declared the motion passed and
Ordinance No. 427 duly adopted and signed said Ordinanoe and approval
thereof; as follows:
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ORDINANCE NO. 427
AN ORDINA}TCE PROPOSING THE CONSTRUCTION OF A
SA}ITTARY SEWERAGE SYSTEM, AND, TO AID IN THE
PIl~ANCING THE COST OF SAID CONSTRUCTION, PRO-
POSING THE ISSUANCE OF ~j272,OOO REVE~nm
CERTIFICATES OF THE CITY OF CLEAffiVATER, FLORIDA,
PAYABLE SOLELY FROM THE REVE:mrnS DERIVED FROM
SAID SANITARY SEWERAGE SYSTEM.
.
BE IT ORDAINED BY THE CITY COly'IMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
'A
Section 1. Pursuant to Chapter 17118, Laws of Florida, Acta of 1.935,
it ia hereby declared expedient and necessary to oonstruct, operate and
ma:Jntain a Sanitary Sewerage System (herein called the "Project") 1'01" the
purpose of domestic, municipal and industrial uses.
Scction 2. 1~e territory within and adjacent to the corporate limits 01'
the City of Clearwater, Florida, is hereby found and declared to be the
territory to be served by the Project.
Seotion 3. The estimated ooat of' oonstruction of the Project is $4496090.
Seotion 4. It is hereby found and declared that no system, work, Project
or utility of a oharacter similar to the Project herein authorized is being
actually operated by any municipality or private company in the City of
Clearwater, or territory to be served by the Project.
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Section 5. To aid in rinancing the cost of construction of the
Project, in exceSD of the grant to be made to the City of' Clear-
water, Florida by the United Stutes of AJl1crica". the City of
Cloarwater, Florida proposes to issue Sower Revonue Certificates
of the City of Cloarwater (herein cnlled the "Certifioates") in
tho aggre ga to prine ip al SU1l1 0 f ~:;27 2,000.
The Certificates shall be dated October 1, 1938, shall be
in the denomination of :;i:1,OOO each, shall be nwnbered in order of'
theil" ma turity from 1 to 272, both ine1us:t. ve, shall boar interest
at the rate of four per centum (4%) per annL~ payablo semi-annually
on October 1 and April 1 in each year from the date thereof until
maturity; shall be payable as to both prinoipal WLd interest at the
office of the City Treasurer in the City of Clearvlater, or at the
option of the holder, at the Chemioal Bank & Trus t Company, New'
York City, NeVI Yor]c, in such coin or ourrency as is, on the respecti ve
dates ()f payment of principal thereor arrl mterost thereon, legal
temer .for the payIllen t of' publio and pri va te debts; shall be in coupon
form, shall be registerable as to principal on~1 at the option o~ tlw
holder; and shall mature serially on October 1 in years and wmounts as
follows:
Yeafi Amount Year Amount
19'1:0 ~~2 ,000 1954 $B,OOO
1941 2,000 1955 9,000
1942 4,000 1955 J.O,OOO
1943 4,000 1957 11,000
1944 6,000 1958 12,000
1945 6,000 1959 12,000
, ' 1946 6,000 1960 13,000
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",., . 1947 6,000 1961 13,000
1948 7,000 1962 14,000
'T~" ) ;,' 1949 7,000 1963 14,000
1950 '7,000 1964 14,000
1951 7,000 1965 15,000
1952 8,000 1966 15,000
1953 8,000 1967 16,000
1968 16,000
The Certificates shn11 be executed on behalf of the City of
Clearwater by its City Auditor and Clerk and City :Mal1ager and oounter-
signed by its ~ayor-Cownissioner, and shall be sealed with the corporate
seal o.f said city and the interest coupons thereto attached shall bear
the .facsimile signatures of said City Auditor and Clerk, City Manager
and Mayor-Commissioner.
Section 6. The Certi~icates and coupons attached thereto shall be
substantially in the following form, to-wit:
No.
~~1000 .00
UNITED STATES OF ~~ERJCA
STATE OF FLORIDA
COUNTY OF PI}illLTA S
CITY OF CLEARWATER
SEVrER REVENUE CERTIFICATE
The City of Clearwater, in the County of Pinellas, a
mtmicipal corporation of the State of Florida, ~or value reoeived,
hereb' promises to pay to bearer, or if this Certificate be registered,
to the regj.stered ovmer t:b.ereof, solely from the sinking fund provided
thorefor, as hereinafter set .forth, and not otherwise, the principal
stUn of
ONE THOU SAND DOLLf.RS
(~pl,OOO) on October 1". 19____,and to pay interest on said prinoipal
sum, solely from the sil*ing .fund provided there.for, as hereina~ter
set forth, and not other'Vlj,se, from the date hereof at the rate of
four per cen~ (4%) per annrun, payable semi-annually on October 1
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and April 1 in each year upon tho pJ:'Gsentation and surrender of the
intereDt coupons atta.ched hereto us they severally becomo due, until
the muturj,ty of this Certificate. Both the principal and interest
on this Certificate arc payable at the office of'the C:tty 'l'reasurer
in the City of ClenrwDt8r, Stat.e of Florida, or at the option of' the
holder, at tho Chemical DUlll:: 6; r~prust Company, :New York City, New
Yorlc, in such coin or currency as is, on the respective dates of'
p a~n-:1ent tl1eI'cof, legal tender for the I)ayment of' pn')lic and pri vote
debts.
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This Certificate is one of a duly authorized issue of Certi-
ficatos, limited to an ag~regate principal of $272,000, of' like tenor
end effect except as to number and maturity, is issued pursuant to and
in full complinnce wj, th tho Constitution and statutes of Florida, par-
ticularly the Charter of the Ci ty of Clearwater nnc_ Chapter 17118 Laws
of' F'loric1a, Acts of 1035, and by virtue of an Ordinance entitled "An
Ordinance Providing for tJ~e Construction of a SanitDry Sewerage System,
and I to aid :in financinE the cos t of such cons truction, fir the Issuance
of ~i:2'72,OOO Revenue Certificates of the City of Clearwater, Florida"
payable solely from the revenues derived f'rom said San~tary Sewerage
System" duly adopted by the City Connnission of the said City of Clear-
water on the 22nd day of Aur:;ust, 1938, and said Ordinance is hereby
referred to, and, as to all of its terms and provisions, is made a
part of this Certificate.
I
This Certif:i,ca tc and the issue of which it is one are issued
to aid in firancinp; the cont of construction 01' a Sanitary Sewerage
System and are payable only from a sinlcine; fund in which there shall
be set aside annually, in approximately equal :monthly installments,
out of tl1e revonues and income derived from the operation of' said
Sanitar7l Sewerar-:e System, after all opornting costs have been paid,
such S1.UTlS as shall be sufficient for the pa7f'ment of interest on and
principal of said cel'ti ficates as the st1IT;e respectively shall become
due, and this Certif'icllte, together with all other Certificates or
the issue of wh1.ch this Certificate 1.8 one, e.nd the interest thereon,
are secured by a pledge of and exc111sive f'irst lien upon all revenues
set aside in said sinkinr: f'unc1, all as in said Ordinance provided.
This Certificate und the interest thereon are not payable from bor
are a charge upon any funds other tha11 the revonue pledged to the pay-
ment thereof and shall not impose an y tax liabllity upon any real or
personal propert'y in the Ci ty of Clearwater nor constitu.te a debt
against suid City.
This Certificate and the coupons attached are issued upon
the followjng terms and condi tions, to all of \vhich each holder and
O\vnel' hereof consents and ,a[';rees:
(a) Title to this Certificate, ~nless this Certificate be
registered as hor'cin provided, and to the coupons attached hereto
nlU'jT be tra.nsferred by deLtvory in the same manner as a negotiable
instnunent payable to bearer; and
(b) Any person in possession of this Cert:i,ficate, 1.1nle8S this
Certificate be registered as herein provided, or of the COUPOl18 attached
hereto, regardless of the manner jn Vlhich he shall have acquired pos-
session, is ~ereby authorized to represent himself as the absolute o\~er
thereof, end is hereby granted power to transfer title thereto by deli very
thereof to a bona fide purchaser, that is, to anyone '~lO shall purchase the
same for value (present or antecedent) without notice of prior defenses o~
equities or claims of o\~lership enforceable against his transferor; every
prior holder or owner of' this Certif'icate, unless this Certificate be regis-
tered as herein provided, and of the coupons attached hereto, waives and
renounces all of his e~lities or rights therein in favor of every such
bona fide purchaser, and eve~r such bona fide purchaser shall acquire
absolute title thereto and to all rights represented thereby; and
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(c) The C1 ty of Clearwater may treat the bearer of this
Certificate, unless this Certificate be registered as herein provided,
or of the coupons attached hereto, us the absolute owner thereof ~or
all purposes without being affectod by any notice to the contrary.
This Certificate shall pass by delivcrJr as heroinabove pro-
voded, but it may be reeistcred as to principal in the name of the
holder on tbe booIm of the Ci ty of ClearY/ater, such roe;istration
beine noted on the back thereof, after 'which no transfer shall be
valid lJnless made on said books by the registered owner or his legal
representative and similarly noted on the back thereof, but it may be
discharged fl'om reGistry by being transferred to bearer on the books
of the City of Clearwater and thereafter shall be transferrable by
deli very, but it may be ar-;aj,n, from time time, ree;is tered or trans-
ferred to bearer as oefore. No such registration as to principal shall
ef~ect the negotiability of the coupons attached hereto, which shall
continue to pass by delivery merely.
IT IS HEREBY CEHTIFIED, RECITED, AnD DECLARED that all acts,
conditions and things required by the Constitution and Statutes of the
State of' Florida and b~l the Ordinances of the City of Clearwater to '
exist, to happen, and to be perfor.med, precedent to and in the issuance
of this Cert:tflcote, exist, ha.ve happened" and have been performed in
due time, form and manner as required by law.
IN WITNESS mTEREOF, the Oi ty of C1earwa te r has caused this
Certificate to be execuged in its name by its City Auditor and Clerk
and C1 ty Nia.nagar, and countersigned by its Mayor-CoFn,issioner, and its
corporate seal to be hereunto af:f'~ed, and the interest coupons hereto
attached to be executed with the facsimile signatures of said City
Auditor and Clerk, City Manager and Mayor-Conmissioner, and tp~s Cer-
tif'ica. te to be da tad the firs t d aJr of October, 1938.
CI'lry OF CLEARWATER, FLOHIDA,
By
City Auditor and Clerk
(Seal)
counte~:~_ ~
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I\!AYOR-C 01fiMISS lONER
By
City Manager
(VALIDATION ENDORSEr.1E1\1T'~'
Validated a.nd confirmed by decree of the Circuit Court of
the Sixth Judicial Circuit in and for Pine lIas County, Florida,
rendered on the . day of 1938.
IN WITnESS WHEREOF I have hereunto set my hand and affixed
the seal of said Circui t Court this day of'
1938.
Clerk of the CircuJ.t Court in and
for Pinellas County, Florida.
(FORM OF COUPON )
No.
~p20 .00
On the First day of 19 the City of Clearwater,
Florida., will pay' to bearer I solely from the revenues pledged to the
pa.yment hereof' and not otherwise, at the office r'f the City ~1?aasurer
in the City of' ClearY/ater, Florida, or at the option of the holder, at
the Chemical Bank &. Trust Company, New YorIr City, New York, upon sur-
render of' this coupon ~:i20.00 in such coin or currency as is, on the day
of payment hereof, legal tender for the payment of public and private
debts, being six months interest on its Sewer Revenue Certificate dated
October 1, 1938, and n~ered .
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( REG ISTnAT IOl~ C ;:'1 :TIF'ICN.rE)
DATE OF REGISTRA~ION
HAME OP IlliG ISrr'EEED OriNER
SIGllA'rTTRE OF REGISTRAH
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Section 7. The Clty of Clenl'watcr shall keep bool{s :for the registration
and transfer or CertificateD at the office of tho City Treasurer of the
Cit~ of Clearwater.
At tl1e option of' the holder,' any Certifioa te lnay be registel"ed
as to principal in the Certificate Register of' the City of Clearwater,
Florida, by the City Treasurer. as Certificate Registrar, and such cer-
tificate ma-;l thereafter be trunsf'orred on said Certificate Register only
upon an assigmnent in writing of the regi stered O1.vner or of his 1egal
representative, duly aCknowledged, such transfer to be endorsed on such
03rtificate by the Certificate Registrar. Such Certificate may be trans-
f3rred to bearer on the Certificate Register and thereafter transf'erability
by delivery shall be restored, but such Cortificate shall ,again be subject
to successive registration and transfers as before. No such registration
as to principal shall affect the negotiability o:f the coupons attached to
such certificate, valich shall continue to pass by deliver~ merely. No
charge shall be luade to any holder or owne1~ of any Certificates for the
privilege of regist:ration hel"ein granted.
Section 8. It is herein proposed to p,rrunt to the City Auditor and C1erk
City Ma.nager ani 1.1ayor-Commissioner, D.uthori,ty to execute a.t one time the
Certificates in the nrume of the City of Cleal'water, and to grant to the
City Audi tor and Clerk authority to af:fix the seal of the City of Clear-
wator to the Certificates. It is further })roposed that the City Audjitor
and Clork, City Manager and If.ayor-Conuniss:toner shall be authorized and
directed to cause the COlwons attached to said Certificates to be executed
by their facsimile signat~~es. It is proposed that the Certi:ficates shal~
be awarded to the United States or America actinG thl>ough the Federa1
Emergency Administrator o~ Pgrolic Works at par~and accrued interest, and
that the City Auditor and Clerk shall be authorized and directed to de-
li ve:r~-the Certifica.tes to the purchaser thereof', at one time or from time
to time as he may deem advisable, upon receipt of pa~nent there~or.
Section 9. It is proposed that the Certiricates and the interest thereon
shall be payable from a s inkinp; fund provided theref'or, as hereinaf'ter
set forth, and not o~~ervise, and shall be secured by a pledge or and
excl1lsi ve first lien upon all revenues set aside in said sinking fund.
Nothine in this ordinance or ln the opdinance authorizing the construction
of the Project and the issurunce of the Certif'icates shall be deemed to
create any encu1l1brances, mortgage, or other pledge of or charge upon any
property or funds of the City o:f Clearwater, Florida, other than the
revenues pledged to the pa~nent of the Certif'icates as herein prOVided,
nor to impose any tax liability upon any real or persona~ property in
said City, nor to constitute a debt against such City.
Section 10. It is herein proposed to authorize and direct
the City Auditor and Clerk, upon receipt of payment :for the Certificates,
or any part thereof, to set aside and deposit in the sinking"fund
(hercina~ter provided) the amount of such payment representing the
interest accrued on any Certiricates to tbe date of pa'YlTlent or.'the
.purchase price therefor and tl~ amonnt, if any, of such payment which
shall be e stiInated to accrue during the period of construction of' the
Project and for su: months thereafter on tlie moneys proposed in this
Ordinance to be borrowed. It is further proposed that the remalning
proceeds receivod by the City from the sale and delivery of the Cer-
tificates, shall be set aside and deposited by said C1 ty Audi tor and
Clerk in a separa.te account, to be knoVln as the "Sewer Construction
Account" in a bank or banks vnich are members of the FederaJ. Reserve
System, the money in said account to be used solely for the purpose
of paying the costs of construction or the Project, in the manner and
subject to the terms and conditions provided in any contract or agree-
ment with the purchaser or purchasers of any Certiricatesj any unexpended
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balance relJ!/lJn:i.nG ertel' tho payment of tl::,o cos ts of such construction
shall be used for tlJo l'e-purcho.se of the Certificates 0. t a price not
to excoed par and accrued interest, or shull be sot aside and deposited
in the SeVIer Revenue Sinlcinr~ li'tmd.
Section 11. It in proposed tJ:'.fl t tl:,e methods of rece ipt and disburse-
mont of the Rross revenues and income derived from the operation o~
the Project shall be as follows:
The project shall be operated on 11 fiscal year baals, com-
mencJnrr, the fjrst da-y of' Octobel'" in each your and ending on the 30th
day of' September nex.t follow:l.nr,. Frol1! and after the elate of the
completion of the Project, the City of Cloarwater shall pay all
revenues and inCOlJle derived and obtained from the operation of the
Project into a special f'und to be Jmo\Vn as the "Sewer Revenue Fund. II,
In the event that C j ty of Cle aI'Wa tel' 01' any department, agency, or
instrumentality thereof shall avail itself of the facilities or
sorvices so rendered by' the'Project, the reanonab1e value of the
racilities or services so rendered shall be charged against the City,
01~ such dopartmen t, agency, or instrumen tallty and shall be paid for
as such charges accr'tle; but nothing ill this Ordinance shall be con-
strued as requirinr; the City or any department, agency or instrument-
ality thereof to avail itself' of the facilities or services rendered
by the Project. The revenues received ~rom the city or any department,
ar;ency or instrumentality thereof s11all be deemed to be revenues de-
rived from the opera ti on of the Pro jec t and shall be deposited in
the Sewer Revonue Fund. The City hereby covenants that said Sewer
Revenue Fund will be administered, held and applied by it until all
the Certificates and the interest thereon and the interest on any
unpaid installments of interest shall have been fully paid and dis-
charged only for the purposes and in the following manner:
(a) Into a s epara. te account to be ImoV'll1 as tho "Sewer
Operation and J,~ajntenance Account" there shall be paid each fiscal
year in a~proximately equal monthly installments an amount sufficient
for the pltrpose of payinG all reasonable expenses of operation and
maintenance of the Project for each year, but the mnount paid into
said Account during any l1lonth shall not be less than an amount suf-
ficient to pay the reasonable expenses of operation and maintenance
of the Project for such month. The moneys in said account shall be
nsed solely for the purpose of payinG the reasonable expenses o~
opel'atin[:; al1d maj ntain1ng the Project. If' in any month, for any
reason, the Ci ty shull rail to pay t.be above reqllired amount into
said Account, then run ~lount equal to any de~iciency in the amount
pajd into sa.id account in such month shaD. be added to the amount
otherv:1se required to be pa ic1 :into the Account in the next succeeding
month.
(b) Into 0. separate account to be l-::novll1 as the "Sevior Sinking
li'und" there shall be paid d"..lrinp: each year jn approximately equally
monthly ins tallments a.fter Inakinr: the above required payments into the
Sewer Opel'ation and r.~a~~n tenance account, such amount as is required to
pay (1) a sum equal to one hundred per centUJl1 (100~~) of the principal
of all of the CertificateD Jl1P.. turinr, durinrc tlJo next succoed:tnr; fiscal
yea1', (2) a Slun equal to one hundl~ed per centum (J_OO~:') of the interest
beco!jl:i,n[~ due on all outstandinG Certificates prior to and on the matur-
ity date of the principal thereof in such ne)~t succeeding fiscal year,
and in addition, in orde~ to provide and continuously maintain a re-
serve in tl~e Sewer SinkinG nlnd (3) a s~~ at least equal to twenty
per centum (20%) of the aggregate of' the amounts defined by'(l) and(20;
payment of the addi tional amount defined b';{ (3) shall be made, continued
and recontinued until thero is, and in order that out of all funds avail-
able for the purpose there may alwa'Ys be maintained, in said Sewer Sinking
Fund, an amount equal to the aggregate of tho amounts defined in (1) and
(2) pluD all the principal and JntereDt 11a'Y1l1ents maturin(f, and becoming
due during the next two fiscal years a~tor th~ fiscal year referred to
in (1) amd (2) above; no paY111ent need be made into the Sevier Sinking
Fund when and so long as the umolmt in nair1. :F'und io a.t leastequal to
tbe, aggrega.te principal amount of Certificates then outstanding, plus
the wnount oE interest due and thereafter to become due on said Certi-
ficates; bu.t if ~n aYlY nlontl1 f01' any reason the City shall i'ai1 to pay
into said J.<l,md the amounts heroin required; then an amount equal to any
deficiency in. the D.r.1ount paid in to said Puna j,n such month shall be
added to the amount otl1.erwise required to be paid into said fund in the
next succeeding month; any 1110ncys at any time paid into the Sewer Sink-
ing Fund shall be held by tne City ill trust for the benefit of the holders
from time to titre o~ the Certlf'icates a.nd coupons attached thereto entitled
to be paid from suchnoney, and tIle City shall not have nay beneficial
right or interest in any such moneys. All moneys in said Fund shall be
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dOllosi ted in n bank or banlcs wh.ich are memberD of' tho Federal Reserve
S-;{stem and all sums in excess of an al110unt sufficient to discharge
all pr:tncipal and :lnt ere [Jt }:1a'Ylnel1to to bec omo d11e wi thin the next
twelve m.onths P0I'lod shall be continuounly secured b-y direct obli-
gations of' the Unitod states of' .J\m'Jrjca. or other securities approved
by the Federal Reserve Board for the socuring of trust doposits by
nn tional banles, which oblir;ations or other securi ties shall be at
all times at least equul in mOJ:'ket valuo to the amonnt of moneys
in the saiel fund to be secured; tho moneys in said Sewer Sinking
Fund shall be used solely for the pUl"pose of' payinr; the prlncipal
of and interest on the Certificates and for no other purpose.
Section 12. Any funds remaininr, in the Sewer Revenue Fund~ after
provisions for the reasonable cost of operating and maintaining the
Project, and after pa-ying the amount required to be paid into the
Sewer Sinl::i'r1['; Fund, as above provided, may be '\lsad by,-the Oi ty of
Clearwater for the purchase of Certificates at not exceeding the
principal wnount thereof (exclusive of accrued interest) or for any
other purpose permitted by law. It is proposed that the City of
Clearwater shall covenant and agree with the several holders and
o,vners of Certificates as follows:
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(a) That it shall not voluntarily create or cause to be
created any debt, lien~ charge or encumbrance upon any of' the reve-
nues pledeed to the payment of the Certificates and the interest
thereof except such as may be junior to the lien of said Certificates,
and that it will not sell, mortgage, lease or otherwise dispose of or
encumber any property essential to the proper operation of the Project;
(b) That it will at all times preserve and protect the security
of' the Certificates and the rights of the Certificate holders under this
Ordinance and that it will at all times maintain, preserve wnd keep, or
cause to be maintained, preserved and kept, the Project, including all
parts thereof and appurtenances thereto in good repair, working order
and condition, and will f'rom time to time make or cause to be made all
necessary and proper repairs and replacements so that at~all times the
business carried on in connection therewith may be properly and advan-
tageously conducted in a manner consistent with prudent management;
(c) That it will at all times prescribe and collect rates in
connection with the project as lt nJaY deem reasonable, which sa.id rates
shall be at 'least suf~icient after making reasonable allowances for
contingencies and for a margin of' error in the estimates, to maintain
the Sewer Operation and 1:1aintenance'Account and the Sewer Sinking Fund
as proposed by tIllS Ordinance;
(d) That it will at all times keep proper books of records and
accounts (separate f'rom all other records and accounts) in which complete
and correct entries shall be made of all transactions relating to the
Project. The City of Clearwater will furnish to the original purcr~ser
or purchaser of said Certificates and to any holder or holders o~ any of
said Certificates, at the written request of such holder OJ:' holders, not
more than thirty days a~ter the close of each six months fiscal period,
complete opera.ting and income statements of' the Project in reasonable
detail covering such six months peri od, and, not more than sixty da'Ys
after the close o~ each fiscal year, complete ~inancial statements of'
the Project in reasonable detail covering such f'iscal year, certified
by the Auditors of the City of Clearwater, Florida;
(e) That it wilJ. mw.ntain insurwlce on the Project for the
benefit o~ the holders of Certificates issued under this Ordinance so
long as any of such Certificates or the interest thereon shall remain
outstanding or be unpaid, of a kinl a.nd in an amount which usually
would be carried by a private corporation operating a similar type
of undertaking. The proceeds of any insurance, other than ~or Loss
of' Use and Occupancy, shall be used only for (a) reconstruction, re-
placements or repairs~ or (b) payments into the Sewer Sinking Fund.
During an:i per iod of Loss of Use and Occupancy, total or partial,
resulting frcm risks and per-ils against which other insurance is or
should be carried pursuant to this section, the proceeds of any such
use and occupancy insurance shall be paid to the Sewer Revenue Fund
and shall be administered, held and applied f'or the same purpose and
in the same manner as provided by this Ordinance for the use, dispo-
sition and application of the moneys in such ftund;
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(f) Tha.t it will permlt at all reasonable times so long as
~y of the CortlElcntes are outatandin~, any holder or holders of
twenty per centum (20~~) in principal amount of such Certifj,cntea
then outstand:lnr: to inspect the books and all accounts and records
thereof'.
It is proposed that none of the foregoing covenants shall be
construed to require the exponditul"O by the City of any :f"unds other
than the revenues rec01 ved or recoi vable from the Project.
Secti on 13. It j,s vroposed that, in the event of a dafaul t in the
payment of the principal of or interest on an~ Certificates, wluch
default sb~ll continue for a period of sixth (60) days, the holder
or holdeI'D of twenty per centum (20%) in principal amount of Cer-
ti:ricates tnen outstanding shall be entitled as a strict matter of
right to tho appointmen t of a receiver, which rec01 VOl' may enter
upon and talre possession of the Project, operate and mainta.in the
srune, prescribe rates, and collect, receive and apply all revenues
thernafter aris lng thorefrom in the same \'lay as the C1 ty i tseli' might
do. It is further proposed that lIDless the Court Shall othe~vise
diroct, whenever all thnt is due upon such Certificates and install-
ment s of interes.t and to any of the funds or accounts proposed in
this Ordinance to be esta.blished shaD, have been paid and all def'au1ts
made good, said Receiver shall surrender possession td the City,
and that the same right to a receiver shall exist upon any subsequent
daf'ault. It is further proposed that this section shall not be con-
strued to limit the right of any holder o~ a Certificate to apply for
the appointment of a receiver jn the discretion of the Court, nor to
limit the rights or remedies of any holder of Certificates or interest
coupons under the Laws of Florida.
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Section 14. It is proposed that the rights and duties of the City of
Clearwater and of the holders of the CertificateD and coupons and the
terms and iJrovisions of this ordinance may be mod:lfied or altored in
any respect by Ordina::1ce of the C1 ty Commission of the Ci ty of Clear-
water with the consent of the holder or holders of seventy-five (75%)
per centum in principal amount of all the Certificates then outstanding,
such consent to be evidenced by ffi1 inst~L~ent or instruments executed
by such holder or holders and duly acknowledged or proved in the manner
of a deed to be recorded ffi1d such instnlment or instruments Shall be
:riled in the office of the Clerk of tl1..e Circuit Court and shall be a
public record.
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Sect ion 15. If any section, paragraph, clause or provision of this
Ordinance shall be held lnvalid, the invalidity of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance.
Section 16. All ordinances or parts of ordinances or resolutions
inconsistent with this ordinance are hereby repealed, rescinded and
revoked to the extent only of such inconsistency.
Section I? This ordinance is an emergency matter and shall go
effect :lw.mediately upon its passage.
W
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111'. Baker introduced Ordina~ce No. 426 for its final passage
and moved its adoptlon. Seconded by lfJr. Batchelor, and upon roll
call the following vote was polled:
Ayes: xl7r. Marsh
r,ll'. Batchelor
r.1r. Bale er
11r. Barry
Mr. Grice
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Nays: None
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Vfuereupon the !.!a:yor-Cornmis 8i oner declr~red Ordinance No ~ 426
passed and adopted and signed the same, as follows:
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OTIDIBANCE NO. 426.
.A1'1 ORDD;N' CE TIEOtTLATJ1:G SOLIC1'l'OHS Am; CA);VlISSzns
III TJIl~ CIrrI 01,1 CLEJd,;':;.'l'7oJ\" FLOHIDA, Ai':D PHOVIDlNG
A PENAL'rY FOn TIE VIOLA TI or: OF 'rIlli TI;:m,,:s OF TEIS
ORD :il';Al;C~.
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BE l'r OH.DAnlED BY 'l'IJ~ CI'l'Y COI.il'ISSJOl: 01" TIlE CITY 01" CLElIRWATER,
FLonIDA:
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Section 1. SOLICJr;:'ons AI~D CAI:VASSElIS: It shull be unlawful for
"any person, f'1rm ol;'c OrpOl'CltJcmto 'go In. or npon any pri va te
residenco, apartment or promicos in tlill City of Clearwater for
the purpose of solicit.inl3 from the occupants thereof, or to
cur.,vas s for orde11o i'or r:ooc1n, \rnrcs, merchandise or sorvices
of any cb nrac tor or d oscription, or f'or tl:e purpose of ofi'oring
to give or to furnish 01' r.;ivinr; or furnishing any Goods, v/Uros,
merc}lal1CUSe or servjcGs to any such occppnnts to induce or invite
such ordoro, without fir3t hnvin~ applied ror and received from
the ChJof of Bolice C1 sollcitor1o pomit so to do.
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Arr:l peJ:'SOl1 de sirJnr: to secure such n solicitor 1 s permi t
shall apply theref'or in writJl1r: over h is or her signature to the
Chief' of Police on forms pl'ovided. by the Ci ty, and such appli-
cn~Gion shall sta to (1) the namo and address of the applicant,
(2) the name and addrc~ n of' the porn on, firm or corporatj.on by
whom eIllployed, (3) the length of servi cos of 51..1ch applicatn with
such enlployer, (4) the placo of rosidence and ns. ture of' ernploy-
ment ()f the applicant d urillr; the las t precedinG year, (5) the
nature or character of tho goodsr wares, merchandise or services
to be offered by the applicant, \ 6) t}1e personal deScl'iptiol1 of
the applicant. Such applicant sball be accompanied by the
photoc;raph of' the applicant c.nd such credentials and other evi-
dence of the good mornl character and identity of the applicant,
as ma.y be reanonably required by the Chief of Police.
If the Chief of Police shall determine after reasonable
investigation that the app} nt is of ~ood moral character
and proposes to enga~e l.n \'{ful and ler;itimate connnercial
or professional enterprise, lie shall then issue the permit
applied for, which permit shall expire on the 30th day of
September of the yenr in which such Dermi t shall have been
issued.
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Such permits shall be co.rl'ied at all times by the applicant
to whom iss11ed, when soliciting or canvassing in the Cit:,,$' and
shall be exhibited by any such l?ppJ.icant whenever' he or she shall
be requested so to do by any police officer or any person solicited.
Any such permit may be revoked by the Chief of Police for
violntion by the holder thereof of any of the ordinances of the
City of Cloarwater, or o~ any state or Federal Law, or whenever
the holc1er of' such permit shall in the judgment of the Chief' of
Police cease to possess the character and qualifications required
by this Section lflor the ,issuance of' such permit.
Section 2. Any person, :firm or corporation who shall violate any
of the provisions of this Ordi~ance sp~ll upon conviction in the
Municipal Court of the City'of Clearwater be fined not less than
(~5.00 or more than ~)lOO.OO, fop each offense. Every day upon which
violation shall occur, or upon which such violation sha.ll continue,
shall constitute a separate offense.
Section 3. All Ordinances or parts of Ordinances in conflict
hero1tv1 tli 'be and the same are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon
lts passage.
PASSED AND ADOPTED by the City Commission of the City of
Clearwater, Florida, this 22nd day of August, A. D. 1938.
L. A. MARSH,
Mayor-Commissioner.
Attest:
'.
J. E. SATTERFIELD,
City Aud1to~ ~d Clerk.
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was moved by Mr. Bntchelor, secondecl by Mr. Barry and
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carried that the Cit'Y Attorney be paid ~~500 en account of legal
fees in connection wit h PWA proj ects.
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It was mov cd by r,~r. 13arr~r, s oconded by lltr. Baker and carried
,
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that the City I,Ianae;er be instructed to advertise for bids en sewer
work under the PV\!A Project.
It was moved by Mr. Batchelor, seconded by Mr. Grice and carried
tp...at the resignation of 1~r. Frank J. Booth fromthe Recreation Board
be accepted and that' the 111a.tter of a successor be deferred until the
.
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next meeting.
It was moved by Ur. Batchelor~ seconded by Mr. Barry and carried
that Lot Three (3) of S. J. Reynolds Subdivision be sold for ~;300,
terms q);l50 cash and the balance at :;':10. per month.
It was moved by r,'jr. BatChelor, seconded by Mr. Barry and carried
that the City sell Lots Thirt;{-tVio (32) and Thirty-three (33) Block
"c" of Bassadena for ~~200 cash.
It was mov-ed by Mr. Batchelor, seconded by Mr. Barry and carried
that the City sell Lots Seventeen (1?) mnd Eighteen (18) Block Thir-
teen (13) of' !'ilagno Ii a Park for ~~210 on time.
It 'was moved by r:;r. BatChelor, seconded by Mr. Barry and carried
that Mr. W. B. Vance be allowed to settle taxes and assessments
against his property in Bay Terrace for ~75.00 caSh.
It was moved by Mr. Barry, seconded by Mr. Batchelor and carried
that the City pay ~~70.00 membership fee to the Florida League of
:Municipalities.
Mr. Grice introduced an ordlnance anti tIed "AN ORD INANCE
REGULATnm TIm KSEPING OF CHICKENS, TURKEYS, DUCKS, GEESE AND
GUI~~A FOWLS IR TIill CORPORATE LIMITS OF THE CITY OF CLEARWATER
AND PROVIDING A PENALTY FOR TEE VIOLATION OF THE TERMS OF THIS
ORDIRM'CE, " and moved its adoption on its f'irs treading. Mr.
Baker seconded the motion, and upon roll cnl1 the following vote
was polled:
Ayes: I\1r. Marsh
1,ir. Ba tche1 or
Mr. Balter
Mr. Barry
l!Jr. Grice
Nays: None
Thereupon the Mayor-Commiss.ioner declared the ordinance
duly passed upon its first reading.
Mr. Gr1ee 1110ved the ordinance be read its second time by
title only".lir. Balter seoended the motion, ani upon roll 00.11
thefo~low1ng vote wa.s polled:
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Ayes:
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Mal'sh
Batchelor
Balcor'
Barry
Grico
Mr.
Mr.
Mr.
Mr.
Mr'.
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\'lhcreupo ; the Uayol'-Comnli:o: lional' decl~lrocl
the motion passed
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and said Ordinance vms rond D. second time by tibIa only.
Mr. Grico moved said Ordinance be a.dopted as read.
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Mr.
Batchelor seconded the motion.
Upon roll call" tho followinc; vote was
polled:
Ayes:
Mr' .
UP.
Mr.
Mr.
Mr.
r,1arsh
B~l.tchelor
Baker
Buppy,
GriCG
Nays:
None.
~Vhereupon the Mnyor-Commissloner declared the Ordinance duly
passed its second readinG.
Moved b;F Mr. Grice, second~d by r\lr. Barry" that the meeting be
';;0 11&1.!)'1Jt ~(. tk, c1 .,:~. ,VI. Cl11/'/t t,~'J Hall
adjourned~ Upon roll call, the following vote \'las polled:
Ayes:
It,ll' .
Mr.
Mr.
Mr.
T.IUl'sh
Bn. tchelor
Bal:er
Darry
Grice
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J.~J..1. .
Nays:
N'or:e
Yfuereupon the Mayor-CommisJioner declared the meetin~ adjourned.
1I",1i'IIIo.!3"st 7.,l",t4.., ..,.. ':111 l/.d1.lJit4.. ev!) Hall...
Attest:
rftJ. ILt,? uJ;J
Mayor-Commissioner
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MI11JTES OF A SPECIAL MEETJNG OF THE CI'l'Y COMl'.:ISSION
HELD AT THE CITY HALL on THE 23rd DAY OF AUGUST,1938,
AT 9:30 O'CLOCIC A. M.
A special meeting of the City Commission of the City or Clear-
water was held on the above date at the above time and place.
The meeting was called to order by the I\~ayor-ConnnJssioner, and
the following Comnissioners answered the roll call:
Mr. D. O. Batchelor
Mr. R. L. Baker
Mr. J'. A. Barry
Mr. Herbert Grice
The Mayor-Commissioner stated that this Special Meeting had
been called and was being held for the purpose of having introduced,
considered and disposed of', an ordinance entitled "AN ORDD{1NCE
DETERMnnNG AND DECLARING THAT IT IS EXPEDIENT FOR THE CITY OF
CLEARWATER TO CCNSTRTJCT AND 1,1AINTAIN VIITHIN Ttill CITY Ln:ITS OF
SAID CITY A PLANT FOR THE Ni..A1HJFACTURE AND, DISTRIBUTION OF ELEC-
TRICITY FOR FURNISHING LIGHT FOR :MUNICIPAL USE, AND FOR THE USE
OF S UGH OF ITS INHAB ITANTS AS I1TAY REQUIRE AND PAY FOR 'l'Im SANE.n
The Mayor-Commissioner then announced that the members of
the City Commission had been given notice of this meeting and
requested that the City Auditor and Clerk record in tl~ Minutes
the Notice which he had served upon the City Commissioners.
WHEREUPON the City Auditor and Clerk duly recorded the said
notice, which is as follows:
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'l10 : IJESSRS. HERBERrr GRICl!;# R. L' BAKER, J'. A. BATU;Y J.dID D. O.
BA~CllliLOR, Ci~y Con~isBioners of the City o~ Clearwater:
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You are hereby notified that a special meetine or the
Cit'Y COr.'.r.11ssion will be held at the City Hall in ~he City ot:
Olearwater on the ~ay of Augl1st" A. D. 1938" at ~O
o'Clock 4" M." at w"':Lch 1iime there v.d.l1 be intirOdUCed" con-
sidered and dispo3ed of an Ordinance entitled :
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" AN ORDINAflCE DE':eERMINING AIID DECLA.RING 'l'tTA1' IT I:::;
KCPEDIEN'i' FOR THE CI'l'Y OF C~R~ilATER '1'0 COl1S'l'RUUij:
AND I,IADP1'AIN \i'IITHIN 1111E C I1'Y LDAITS OF SAW U ITY A
PUN'.l1 FOH 'IlliE MANUFAC'l'URE AND DIS'l'RIBU'lIION OF ElliU'lRluITY
FOR FURUlt\HING 1IGH'l' FOR MUNIUIPa.L US~, ~H.u FOR T~ US.!:!:
OF SlJUH OF I'lIS nIF..ABITAl'l'l'S AS MAY REC~~UIRE AND PaY FOR TEE
SAME. II
A copy of the said Ordinance is attached hereto and made a
part of this no~1ce.
And the said meeting is hereby called and designated to con-
s'ider and dispose of the said Ordinance.
YOtl are" respect.1velYI requesljed to be presen't at said
special meeting.
Irhls not~ce dated the 13th da~ of AUgLlst, A. D. 1938.
;z(~
Mayor-Cormnissioner" C.1ty or C~eaIWl:Lter~:
Florida. '
We accept service or the above no~ice and acknowledge
receipt of a copy thereof, and of a copy of the Ordinance attached
thereto.
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01 ty OOnul1iss1oners, City of C~earwater,
Florida.
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Ordinance No. 428 was introduced by Mr. Baker and read
in fil.ll. After a discussion thereof' Mr. Baker llloved said
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Ordinance be a.dopted as read. Mr. Batchelor seconded the motion.
Upon roll c all the fo llowi~~ vote was polled:
Aye s : I\~r . Mar sh
lfir. Batchelor
IIII'. Bakor
].1I'. Barry
:MI'. Marsh
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Na:ys: None
Thereupon the Mayor-Commissioner declared Ordinance No, 428
duly passed upon its first reading,
Mr. Ba]{er moved tho. t Ordinance No. 428 be read its second
time by title only. Mr. Batchelor seconded the motion. Upon roll
call the following vote was polled:
Ayes :'
Mr. :Mar sh
I-flr. Batchelor
Mr. Balcer
Mr. Barry
Mr. Grice
Nays:
None
Thereupon the Jrlayor-Connnission er declared the motion passed
and said ordinance was read a second time by its title.
Mr. Baker moved said ordinance be adopted as read. Mr.
Batchelor seconded thB nlotion. Upon roll call the follOWing
vote was polled:
Aye s:
}~r . Marsh
Mr. Batchelor
Mr. Baker
IIII' . Barry
1-1r. Grice
Nays:
None
Thereupon the Mayor-Commissioner declared said Ordinance duly passed
upon its second reading.
Mr. Baker moved Ordinance No. 428 be read its third rood final
time. Mr. Batchelor seconded the motion. Upon roll call the follow~1ng
vote was polled:
Ayes: Mr. Marsh
Mr. Batchelor
Mr. Baker
Mr. Barry
Mr.. Grice
Nays: None
.~~!;ir~\<'~ said ::::: :e:::::~::~:::~.:::::::m::p:::i:: ::::~d :~
i~i~ft1~,~'~;f~ii':i'" " ,',' '..' ',',", :::C:~::d:.C:::~ t:. m::::, Upon roll call the ~oll owing vote
(,,',;';:,,...1,, _'".,:' ' ,,' , Mr. Batchelor
'~\'J:~'~~",:~:~.:/.II'.~'\~'l'l' ',(:',:,", ."., , " Mr Bak:
(";.(.,rl~~.l:'...~nf . I -,I "l'. .,'. ' I. ' . er
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Thereupon the Mo.yor-Connnis::;!oner declarod the motion pas:Jed ~1.nd
Ordinancl? No. 428 duly adopted and siCllOt1 st1.id Ordinance and approval
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tl',er'cof, us 1'ollo\'ls:
OllDP'!.HCE 1m. 128
[iN OJIDIlJANCI'; DE'J'ii;WiINDW AllD DEc.r..l,~unfG 'l1111\T I'll
IS Exp:mI,:,'PI' Ji'Oi'l ]':1.: CITY O}' CLEf\'~":,'.'.rK, rro CON-
S'l'HUCT ;',:;D Iv:il.IW]~,Ii1 '.!I'1'III1r '111m CI'J~Y LIMI'l':-) OF
SAID C :[Il'Y " P l~,.:i.'r pan 1 L'; ~i!: U.lunr:."Ii.CTU li.E AND D I S-
THIBU11IO~: O~,l ,~LEC1',aCITY ?Oi~ PUHlIISIUlln LIGHT
POl.. ~,mNICIP1\L USE l\llD pan IJ:'HE US:'; 01il "UC!l OF
IT~: IHHABIT1\N'1';::; A~:. j,bY HEQUI1\i.; i\.~-:D PAY FO,i rrilE
SAME.
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BE r~ o:m:\INim BY ':rln'; CI'l'Y COr,'TI',IIS' Ion 0Ii' TUE CI'T'Y OF CLEAR1!INE'ER,
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FLOIUDA:
Section 1. It is hereby determined and decl red by the Ci t~r
Cormnis:::.ion of the City of C1C:~'lrwater, that it is expecliant for
said City ~o exercise its authority to construct and maintain
\vi thin the City Limits of Gaiel Ci t-;,r 11 plrmt .for the manufacture
ancl distribution ox: electricit"Jr, for l'urnis:'linG light for municipal
use, a~ld for' t118 use of such 01' its inl1.abitllnts as may require and
pay for 't~':e same.
Section 2. All Ordino..nces and parts of ordinances in conflict
VIi t11 tJloprovisions of t'ni s ordinance be and the same arc hereby
repealed.
Section 3. This Ordi;'lo.nce is 811 emergency me'o,sure and shall talce
effect iUllllOdio.tely upon its passage.
PA:J;~ED i\ND ADOp'r:,;}j by t:le Cit~r Connnis:,ion of the City of
Cle[;.rwo..tor, Florid:'., this 23rd dllY of AUGust, 1938.
L. A. I,LRSH,
Mayor-CoIl1mis8ioner.
Attest:
J. E. SA'lHl'ETIli'IELD
City Auditor & Clerk.
Moved by I'v'Ir. Gl'>ice, seconded b;T Mr. BatChelor, that the
meeting be adjourned, and upon roll call~ th.e following vote was
polled:
AllIes:
Mr. Marsh
Mr. Barry
Mr. Batchelor
Mr. Baker
Mp. Grice
Whereupon, the Mayor-Cofillllssioner declared the mAeting duly
adjourned.
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