12/21/1938
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MINUTES OF THE CITY COMMISSION
Deoember 21, 1938
The City Commdssion of the City of Clearwater, Florida, met
on the above dute, ~n special meet~ng assembled, with the following
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members present:
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L. A. Marsh, Mayor-ComnUssioner,
D. O. Batchelor,
J. A. Barry,
Herbert Grice,
The Mayor-Commissioner announced that this special meeting
was called and being held in pursuance to the following notioe:
"NOTICE
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TO: MESSRS. D. O. BATCHELOR, R. L. BAKER, J. A. BARRY, AND
HERBERT GRIBE, City Commissioners of the City of Clearwater;
You are hereby notified that a special meeting of the City
Commission will be held at the City Hall in the City of Clearwater
on the 21st duy of Deoember, 1938, at 11:30 o'clock A. M., at which
time there will be introduced~ considered and disposed of an
Ordinance entitled:
'AN ORDINANCE ESTABLISHING A PUBLIC UTILITY FO THE CITY
OF CLEARWATER, FLORIDA, CONSISTING OF THE SANITARY SEWERAGE
SYSTEM AS NOW IN EXISr:I.1gNC1<: AND ALL EXTENSIONS OR REPLACE*
1~NTS THEREOF: ESTABLISHING AND PROVIDING RATES AND CHARGES
FOR THE USE AND PRIVILEGE OF USE OF SUCH UTILITY: PROVIDING
FOR TH:~: COLLECTION AND DISPOSITION OF SUCH CHARGES, MAKING
IT UNLAVnfUL TO TAP OE USE SUCH SYSTEM WITHOUT PAYMENT OF
ALL CHARGES AND FEES THEHEFOR: AND PROVIDING A PENA.LTY r'OR
ANY VIOLATION THEREOF~'
A copy of the said Ordinance is attaohed hereto and made a
part of this notice. And the said meeting is hereby called and
designated to consider and dispose of said Ordinance.
You are, respectively. requested to be present atsaid
special meeting.
This notice is dated the a9th day of December, 1938.
(Signed) L. A. Marsh, Mayor-
Commissioner, City of
Clearwater, Florida.
We accept service of the above notice and ackno\vledLe reoeipt
of a copy thereof, and of a copy of the Ordinance attached
thereto, this the 19th day of Deoember, 19S8.
(Signed) R. L. Baker,
D. O. Batchelor,
Herbert Grice,
J. A. Barry,
Oity COmmissioners, City of
Clearwater, Florida.R
Mr. Batchelor introduced Ordinance No. 439 entitled:
"An Ordinance esta.blishing a Publ~c Utility f'or the City of
Clearwater, Florida, Consisting of the Sanitary Sewerage System
as now in Existence and al~ Extensions or Replacements thereof;
Establishing and Providing Rates and Charges for the Use and
Privilege of Use of Such Utility; Providing f'or the Collection
and Disposition of Such Charges; Making it Unlawful to Tap or
Use such System without Payment of all Charges and Fees Therefor;
and Providing a Penalty for any V1.ola.t:1on Thereof, tI and moved its
adoption upon its first reading.
Seoonded by Mr. Barry, and upon
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;"~~{iN~~;;?~~:'\':i~:::~;;':':~:.',':"" ,.', < ",:' " Thereupon the Mayor-CommLssioner declared Ordinance No. 439
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Mr. Batchelor moved that Ordinance No. 439 be read its second
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time by title only. Mr. Barry seconded the motion~ and upon roll
call, the following vote was polled:
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Ayes: Marsh, Batchelor, Bar1Y, Grice. Nays, None. Absent and
not voting, Baker.
Thereupon the Mayor-Commissioner declared the motion passed
and said Ordinance was read a second time by its title.
Mr. Batchelor moved said Ordinance be adopted as read. Mr.
Barry, seconded the motion. Upon roll call, the fo11owlng vote
was polled:
Ayes: Mr. Marsh, Batchelor, Barry, Grice. Nays none. Absent
and not voting, Baker.
Thereupon the Mayor-Commissioner declared said Ordinance duly
passed upon its second reading.
Mr. Batchelor moved Ordinance No. 439 be read its third and
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FUnd,cause~ 1;)y pa~en~ 011 Klemm judgment.
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final time. Mr. Barry seconded the motion. Upon ro1l call~ the
following vote was polled:
Ayes: Marsh, Batchelor, Barry, Grice. Nays, none. Absene and
not voting~ Baker.
Thereupon the Mayor- Commdssioner declared the motion passed
and said Ordinance was read its third and final t~meo
Mr. Batchelor moved said Ordinance be finally adopted as read
Mr. Barry seconded the motion. Upon roll call, the following vote
was polled:
Ayes: Marsh, Batchelor, Barry, Grice. Nays: none. Absent and
not voting, Baker.
Thereupon the Mayor-Conmds3ioner declared the motion passed and
Ordinance No. 439 duly adopted and signed said Ordinance and approval
thereof. '
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Moved by Mr. Batchelor, seconded by Mr. Barry, and aarried,
that the City Attorney be instructed to dismiss the Bankruptcy suit.
Mr. Batchelor introduced a resolution entitled:
"A RESOLUTION ACC~PTING DEED TO CITY OF CERTAIN PROPERTY ON SOUTH
OSCEOLA AVENUE, IN THE CITY OF CLEARWATER, FLORIDA."
and moved its adoption. Seconded by Mr. Barry. Upon roll call, the
following vote was polled:
Ayes: Marsh, Batchelor, Barry, Grice. Nays, none. Absent and
not voting, Baker.
Thereupon the Mayor-Comm1ss~oner declared the Resolution duly
adopted, and signed the same.
Moved by Mr. Batchelor, seconded by Mr. Grice, and carried, that
Delinquent tax notes recently acquired by the Water & Gas Fund be
purchased by the Bond Interest Fund.
Moved by Mr. BatChelor, seconded by :Mr. Barry, and oarried, that
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the following transfers be made:
Transfer $3190.54 from Bond Interest Fund to take care of
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"~\';;\\~,;';i,;.:i:/L":",', :":' ' ;': ,: " , Therefore be it resolved that the 01tyOommiss1on rinds that
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',;'" \1-'~'~M(:~.>~~~~d;::,';,\"''-:'" , \. <,-:',: J~,...--B. Oasler. Jr>., bs been duly eleoted Na.yor-Comm1ssioner, ,and .' '"" ,\ . ". "
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""'l,:'~,'>"" /::.:::;::;..>,,~.:,:;::.:<~~..:.:;~!-Ji/ ,~"..: Demp,.e,. .an.d, ,W. W 0 ,Pe(l)~eX' ;h~~e. be,en, 'd~., elected Co>>:m1sa1~!1~:ttIJ,\:i';:':~Ut{?t?~,.,
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Transfer $110,081.39 from Water & Gas Fund to General Fwnd,
as dividend. (ConfiI'matlon of all transfers in fiscal year).
Return $2,148.41 from Sinking Fund to Bond Interest Fund.
Return $6,500.00 from Big Pass Dredging Fund to General Fund.
Return $1000.00 from Police & Fire Dept. Improvoment Fund to
General Fund.
Mr. Bat~\';elor introduced al\osolution entitled"
"RESOLUTION AUTHORIZING CgHTAI:N CITY OFr"IC!J\LS TO BORROW ON
BEHALF OF THE CITY THE SUM OF $30,000.00 AND PLEDGE AS COLLATERAL
FOR SAID LOAN REFUlIDING BONDS OF THE CI'l-ry. \I
and moved its adoption. Seconded by Mr. Barry.
Upon roll call, the following vote was palled:
A~es: Marsh, Batchet&D, Barry, Grice. Nays, none. Absent and
not voting, Baker.
Thereupon, the Mayor~Co~Bsioner declared the Resolution duly
adopted, and sitned the same.
The City Co~ssion proceeded to and did canvass the returns
of the General lrurnd~ipal election held in said City on the 20th
day of Dece~er, 1938.
The official canvass made by the City Co~ssion showed and
the said City Oommission did find that 1899 votes were cast, and
that for the offic$ of Mayor-Commissioner,
E. B. Casler, Jr., received 1400 votes
L. A. Marsh II 392 II
J. V. Davidson " 162"
and for the office of COmnUssioner"
received 640
" 1271
" 720
n 848
16
introduced
D. O. Batchelor
R. A. Dempsey
C. M. Nall
w. W. Peeler
Bal~ots mutilated
Thereupon Mr. Barry
votes
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the ro~lowing resolution, and
moved its adoption:
WHEREAS" the City Commission of' the City of c~earVJater" Florida,
as required by law, has met in special session at the City Hall in
said City, at 12:0p o'clock noon on the 21st day of December, 1938"
to canvass the returns of the General Municipal Election held in said
City on the 20th day of December, 1938, and whereas the following
number of votes were cast:
\
Votes cast
Votes mutilated
1899
16
For Mayor-Commissioner:
E. B. Casler, Jr.,
L. A. Marsh
James V. Davidson
1400
392
162
For Commissioner
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to serve for te~ of two years each~ from January 2nd, 1939.
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Passed and adopted by the city Commdssion of the City of
Clearwater', this 21st day of December, A. D. 1938.
L. A. Marsh,
Mayor-Conmdssioner,
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Attest:
~. E. Satterrield,
City Auditor & Clerk.
The City Commdssion then proceeded to canvass the returns
of the Special Election held on the 20th day of December, 1938,
on the ques tion:
"Whether or not Ordinance No. 43'7, being an Ordinance
entitled: "An Ordinanoe Regulating and Restricting the Use
of Land and the Location and Use of Buildings and structures
in the City of Clearwater, Florida, c~eating Districts or
Zones therefor, regulating the intensity of use of land
areas and the location of buildings and structures thereon~
establishing building lines~ providing a method of adminis-
tration, and providing penalties ror the violation of the
terms of this Ordinance."
and in said canvass found that the vollowing vote was cast:
Number of ballots cast 464
Ballots mutilated 2
Ballots for the ordinance 314
Ballots @gainst the ordinance 148.
Mr. Batchelor introduced the following resolution and ~ved
its adoption. Motion was seconded by Mr. Baker, and upon roll
call~ the following vote was polled:
Ayes: Marsh, Batchelor, Barry, GrLce. Nays, none. AbseDn and
not voting, Baker.
Thereupon the Mayor Commissioner declared the resolution duly
adopted, and signed the same, as follows:
~mEREAS, the Cit~ Commission of the City of Clearwater, Flor~da,
met in special session at the Oity Hall in said City on the 2~8h
day of December, 1938, at 12:00 o'clock noon to canvass the returns
of the special municipal election held in said City on the 20th
day or December, 1938, said election having been called and held ~or
the purpose of determining whether ~~~~~K~~.W~~~~~~.J
o~ not Ordinance No. 437, being anOrd1nance entitled:
"AN ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND AND THE
LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE CITY OF
CLEARWATER, FLORIDA, CREATING DISTRICTS OR ZONES THEREFOR,
REGULATING THE INTENSITY OF USE OF LA.ND AREAS AND THE LOCATION
OF BUILDIllGS AND STRUCTURES THEREON, ESTABLISHING BUILDING LINES,
PROVIDING A METHOD OF ADMINISTRATION, AND PROVIDING PENALTIES li'OR
THE VIOLATION OF THE TERMS OF THIS ORDINANCE,"
&ball go into effect~ and
WHEREAS, the said City Comndss1on did find that 464 was the
total number of qua11ried electors residing in the said city who
voted in said electionJ that 2 ballots were mutilated, and
that 314 votes were cast for the Ord1nanoe and 148 votes were cast
against the ord1Dance.
NOW, THEREFORE, BE IT RESOLVED BY THE CIm OOMMISSIO~ OF THE OITY:
approved,
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Ordinance No. 437, and the same is hereby declared in full foroe and
effect.
Passed and adopted by the City Commission of the City of Clearwater.
Florida, this the 21st day of December, A. D. 1938.
Attest:
L. A. MARSH,
Mayor-Commissioner
J. E. 6A'BTF1RFIELD,
City Auditor & Clerk.
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Moved by Mr. Gr~ce, seconded by Mr. Barry, that the meeting
be adjourned, and upon roll call the following vote was polled:
Ayes:
Marsh, Batchelor, Barry, Grice.
Nays. None.
Absent and
not voting. Baker.
Whereupon the Mayor Comm1ss~oner declared the meeting adjourned.
Ma~~~
Attest:
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