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10/02/1939 , " . \" .,' .,;...>~-, ..~... .t'" MINUTES OF THE MEETING OF THE OITY COMMISSION - - -- ._-_._._..__..~._-- . -.-". ^ The Oity Oommission of the City of Olearwater met at the Oity Hall in regular meeting assembled on the evening of' Ootober 2nd, 1939 with the following members present: E. B. Casler, Jr., Mayor-Commissioner R. L. Baker R. A. Dempsey Herbert Grioe w. W. Peeler ------ Absent: NONE Minutes of the previous meetings were read and approved. Mr. Albert Trussell addressed the Oommission with r.eferenoe to allowing large truoks to drive down Fort Harrison Avenue so that they may be served at his filling station. by the Commissioners that the truoks would be allowed to travel He was assured by his station. Mr. George Tornwall addressed the Commission oonoerning a donation to the High School Band. He suggested that the City donate a lity lot in the swme manner in whioh Fort r Myers has postponed The donated a City lot to their band. The matter was for further oonsideration. City Manager read the following letter: To the Honorable City COID:J.ll1ssion Clearwater, Fla. Gentlemen: We, members of the Olearwater Fire Department, request the. t you appoint Gordan Dioks as the third member of the City of Olearwater Firemen's Pension Board. Respeotfully, M~bers of the Clearwater Fire Dep't. (signed) L. B. MARTIN , 'Chief Moved by Mr. Peeler, seconded by Mr. Baker and unanimously oarried that Mr. Dioks be appointed. ,Moved by Mr. Dempsey, seoonded by Mr. Baker unanimously oarried that a transfer ot $ 4,000.00 the Gas and Water Fund to the General Fund on September and tran. 30th be approved. '. . ': >'.. .':' I , _.., .1" J . The City Manager presented a petition from two property owners on Cedar Street asking that their property be inoluded in the Sewer Projeot. The City Engineer stated that it would cost approximately $ 250.00 to make these oonneotions. Moved by Mr. Dempsey, seconded by Mr. Baker and unanimously oarried that the City Engineer be instruoted to get an order trom the P. W. A. to inolude this property in the Projeot. Moved by Mr. Dempsey, seoonded by Mr. Baker and unanimously oarried that the plat of City Park be aooepted and properly exeouted and filed tor reoord. Moved by Mr. Peeler, seconded by Mr. Baker and unanimously oarried that the Oounty Oommissioners be assured that the right-of-way through W. H. Wolfe's property for the extension ot Missouri Avenue ~ll be . - / 77~l ,/ ) . / .tf...f"i seoured. d.J p;f ,.I-1........~v /-t.U..,yv!)'pn '*" /. II<' .,(.'.() 1/ . The City Manager read a report on Thomas ASbell, who was shot on the night of February 5, 1939, by Officer James Neal who tound Asbell att~pting to rob the Fort Harrison Cafe. Moved by Mr. Baker, seoonded by Mr. Dempsey and unanimously oarried that the following Resolution be adopted: RESOLUTION .' BE IT RESOLVED by the City Commissioners of the City of Clearwater, Florida, in meeting assembled, that the Mayor-Commissioner be, and he hereby iSi authorized to enter into an agroement with the ATLANTIC COAST LINE RAILROAD COMPANY, and to sign same on behalf of said City, whereby the said Railroad Co~any gives and grants unto the said City the right and pr~vilege to lay and maintain, for the purpose of oonducting water, a line of 2-inoh galvanized iron pipe aoross the right of way and ~der the tr~cks of the Railroad Company at Clearwater, Florida, at a point 83 feet southwardly, measured along fhe oenter line of the Railroad Company's main traok, from mile post 134 (from Sanford; as more partioularly desoribed in said agreement. whioh agreement is dated September 26, 1939. PASSED AND ADOPTED by tne City Commission of the City of Clearwater, Florida, this 2nd day of Ootober, 1939. , . . J . ..' ATTEST: ~ -;yo~- ee10ner :k'... ...,:. RESOLUTION , '{ WHEREAS trerflc congestion on the Clearwater Memorial Causeway has made it necessary and desirable that an additional outlet tor trarric be provided at the eastern entrance to the Causeway; and WHEREAS said additional outlet can best be provided by extending Pierce Street in a northwesterly direotion to oonneot with the Causeway entranoe; and WHEREAS suoh extension ot Pieroe Street makes it necessary ,for the City to obtain a right-ot-way across a oertain tract of land lying direotly north ot Pierce Street and known as the Kingston Property, said land being owned by Frank G. Kingston, Ethel MYTtle Pimm, Mabel G. Ki tohen, and Allan Roy Kingston, hereinafter reterred to as the Kingston Heirs; and WHEREAS the proposed right-of-way has heretofore been laid out by the City Engineer and a plan submitted to the Kingston Heirs and approved by them; and WHEREAS the Kingston Heirs have agreed to oonvey said right-of-way to the City in fee simple by warranty deed tor the sum ot Two Thousand Dollars in cash, with the under- standing that no ~rovement assessments shall be levied against abutting ~roperty for the cost ot paving or other improvements to be plaoed by the City on said right-ot-way; and , .- ":; ''; '. WHEREAS an expert a~praisal made tor the Oi ty by W. P. Hunnioutt of St. Petersburg indicates that said price represents the fair value of the right-of-way to be conveyed to the Oi ty; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: 1. That the City Manager and City Auditor and Clerk be and they are hereby authorized and direoted to.draw the City's oheok for the sum of Two Thousand Dollars payable to the Kingston Heirs, to be delivered in return for a warranty deed conveying to the City the right-ot-way hereinabove desoribed. 2. That no improvement assessments shall be levied against the abutting property for the cost of the paving and sidewalk to ,be laid by the City on the said right-of~way. I':. .", '" . . ..~ .. ~ ' . , .:-::: "'I.~ h':: . , ~: 3. That if, in grading and o~ening the right-of-way as a publio street, the City ~ngineering Department finds it neoessary to make a out below the level of abutting property, then the abutting property shall be properly supported, either by the ereotion of a retaining wa11 or otherwise; wad the cost of providing suoh support shall be borne by the City and not assessed against abutting property. 4. That the ~avement to be laid on the right-of- way shall have a conorete ourb and gutter on eaoh side of it, the gutter to be approximately eighteen inches wide and the ourb a~proximately six inohes high. The Kingston Heirs, or any subsequent owners ot the abutting property, shall have the right to out openings through the curb, at their own expense, in order to provide turn- outs for ~rivate drive-ways, roads or alleys leading into or out or the said right-or-way. This Reso~utian passed and adopted by the City Commission of the City of Clearwater, Florida, at its regular meeting on the 2nd day of Ootober, A. D. 1939. ~;- Attest: c / t/~ Y Auditor ~ Clerk ". ' , ,:". .....("). \........ " -:' i. , " ~', :, AGREmENT WITH ATLANTIO COAST LINE RAILROAD THIS AGREEMENT, Made and entered into this 26th day ot September, 1939 by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a oorporation oreated and organized under and by virtue of the laws ot the state ot Virginia herein- after for oonvenienoe styled the Railroad Compan~, the first part, and the Oity ot Olearwater a munioipal corporation under the laws of the State of Florida, the second party: WITNESSETH. That the Railroad Company, tor and in oonsideration ot the sum of One Dollar to it in hand paid by the seoond party, the reoeipt whereof is hereby aoknow- ledged, and the pertormanoe of the covenants hereinafter oontained on the part of the second party, does hereby give and grant unto th~ seoond party the right and privilege to lay and maintain, for the purpose of oonduoting water, a line of 2-inoh galvanized iron pipe across the right ot way and under the traoks of the Railroad Company at Clearwater, Florida, at a point 83 feet southwardly, measured along the center line of the Railroad Company's main traok, trom mile post 134 (trom Sanford); said line of pipe being at right angles with said oenter line and being shown in red on the blue print hereto attached and made a part hereof; said pipe to be entirely underground and approximately 5 teet below the base of rail of said main traok; the Railroad Company's right of way to be crossed by said pipe being 50 teet wide on each side of said oenter line. And the second party hereby oovenants and agrees with the Railroad Company in oonsideration-thereot, as follows: (1) That the seoond party shall lay and maintain said pipe in a manner satisfactory to the Engineer Maintenance of Way of the Railroad Com~any and so as not to interfere w1th pipe or other struotures now in place; and in the event that the said pi~e shall bocome in need of repairs, the seoond party shall repair same upon notice given by the said Engineer, and upon the failure of the second party to make such repairs, the Railroad I o o.mp any may make all neoessary repairs, but at the oost of the second party, which said cost the seoond party hereby agrees and promises to pay on demand. .',." '\."' R' . '.. '\, ,.', ,.,. '-..... .' ~ ". \ .' . ,. ,'I', -' "j' , " '." " ., ' ..';\ . ,.'''' . . :.:c {. . :"."/:: . , ~.'; " ., l' ,,", , ' , ., ','. ,', ':,\ .. "'. .. ~". "'. '" . , ".:\. ..:.. . '1' . .,,',' . , . . . "'1"'" ,".; ,': . ", '.' , . '" . ' ~ I'.. . ,: .~ ,.' .". . .: H' ... ~~~~i:> ", ~f?'::~,::',,':', h~. ' . . ~ ) ~~?'<. ' ~}i~~\:" <?~..:,' '. "/ .. ' . \;,.'" ~k;;~'~,'" '..' fif!'.,' . ,,'''lC " , \it~:~. ~ \)~: >'.' . (2), That the seoond party shall assume entire responsioil1ty for all damages eaused in any manner by the said pipe to the property o~ employees of the Rail- ~ . . road Company or to any other pe~son or property; and that the seoond party shall protect and save harmless the Rail- road Company ~rom any ana all damages and losses oaused in any manner from the said p1~e, however resulting. (3) That the seoond partyw1ll at any time, upon thirty days written notioe given by the Railroad Company, ohange and alter the looation of said pipe to oonform to any ohanges or im~rovements that may be made by the Rail- road Company in its traoks or roadway at said looation. It is expressly unae~stood and agreed that no assessment shall be made against the Railroad Company to oover the oost (or any part thereof) of construotion and/or maintenance of said pipe includ1ng material, labor and any other item of expense inoident thereto. (4) That the second part will pay to the Railroad Company, on bills renaered by the Railroad Oompany, the full amount of all cost and expense which may be inourred by the Railroad Company in protecting its traok or traoks by driving pilins or by other means while said pipe is being plaoed " ,', ~~. ~~ '. :,' :.l i. ~~::. , "~ . " ....f.}:~f ..;,';:)P . .'.-''; ..' ).: thereunder. It is understood and agreed that this oontraot shall not be binding until it has been ratified by proper ordinance or resolution of the City Commissioners of the second party, a oopy of whioh resolution or ordinance is attached hereto and made part of this agreement. IN WITNESS 'VHEREOF, The Railroad Company has oaused this agreement to be signed in duplicate by its proper offioerj and the second party has oaused the same to be signed by its Mayor, attestea by its Clerk, and approved and ratified by its City Commissioners in session at a duly authorized and called meeting of said bOdypland its oorporate seal affixed on the day and year first above written. Witnesses: ATLANTIC COAST LINE RAILROAD COMPANY by: (seal) Witnesses: CITY OF CLEARV1ATER, FLORIDA, BY (signed) E. B. CASLER, JR. Mayor-Commissioner Attest: BY lsigned)J.FRANK HAMRICK , . . Clerk