12/20/1939
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MINUTES OF THE MEETING OF THE CITY COUM..1SS!ON
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Deoember 20th, 1939.
The City Commission of the City of Clearwater held
a Special Heeting after adjournment of' the meeting in
whioh the results of the Hunicipal Election were oanvassed.
The following members were present:
E. B. Casler, ~r., Mayor-Commissioner
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R. A. Dempsey
Herbert Grioe
w. W. Peeler
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Moved by Mr. Grioe, seconded by Mr. Dempsey and
unanimously carried that the rules be waived and Ordinance
/I 459: AN ORDINANCE CONSTRUING THE TERM RETAIL FLORIST;
PROVIDING ron THE LICEN'SING M\JD REGULATION OF RETAIL
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SELLIl'JG OF FLO~/lERS, Fm~AL SPRAYS, WREATHS, DESIGNS,
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CORSAGES, POTTED PLANTS, AND CUTTING AND B:E;DDING PLANTS;
PROVIDING TIm !/lANNER OF DISPLAY OF SUCH :pnODUCTS; PRE-
SCRIBING LICENS]: FEE M"D pnOHIBITIHG TRANSFER OF LICENSE;
REPEALING ALL LA'/,!s IN CONFLICT HEREWITH; AND PROVIDING
A PENALTf FOR VIOLATION OF THIS ORDIN~~CE; DECLARING
THIS ORDINANCE TO BE AN TI:~:E:RGEHCY MEASURE; AN!> DISPENSING
WITH TfIE READnrn OF THIS ORDIN.t\.NCE ON TWO SEPlillATE DAYS
BY UNAN"n.~ous VOTE OF THE COl'.MISSION be passed on its
second readine by title only.
Moved by l:;r. Dempsey, seconded by Mr. Grice and
unanimously carried that the said Ordinance # 459 be
passed on its third and final reading, whioh was done
after the Or(linance had been read aloud and in full.
Mr. M. B. Thayer presented a letter from the Shriner's
Club of Tampa requesting permission to hold a parade in
Clearwater on V:ednesday evening. The request was referred
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to the City !:anager.
Moved by tIr. Denpsey, seconded by r.~r. Grice and
unanimously oarried that the followine Resolution be adopted:
RF.BOLUTION EXTE!\T})ING CONTRACT Tn.lE ON CONTRACT NO.5, SEVI'ER
EXTH~mIONS AND U'1PRO\TEMENTS, DOCKET NO. FLA. 1106-F, CLEAR-
"'ATER, FLORIDA, 39 DAYS, FROM DEC"El\m:rn 22, 1939, 'f6 JANUARY
30, 1940.
V~EAS, the oonstruction of additional sewers by the
Ebersbach Construction Company is being requested, and
V~EAS, extremely adverse weather oonditions were
encountered during the life of the contract for approximately
50 days,
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NOW THEREFORE BE IT RESOLVED by the Oi ty COIIImission
of the City of Clearwater, Florida, as follows:
Seotion 1: That the Ebersbach Construction Company.
Contraotors on Contract NO.6, Florida Sewer Extensions and
Improvements, FIR. Docket No. 1106-F, Clearwater, Florida,
be granted an extension of time in the wnount of 39 days,
extending the said completion date from December 22, 1939,
to January 30, 1940.
Section 2: That F. L. Hendrix, City Manager, is hereby
authorized and directed to Brant said extension of time for
and on behalf of the City COlTlmission.
PASSED AND ADOPTED by the City Commission of t~e City
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of Clearwater, Florida, in Special Meetine assembled, this
20th day of December, A. D. 1939.
Mayor-Oommissioner
ATTEST:
C1ty Auditor and Clerk
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Moved by Mr. Grice, seconded by Mr. Dempsey and
unanilnously carried that the following Resolution be adopted:
RESOLUTION AUTHORIZING 'TIlE CONSTRUCTION OF ADDI'I'IONAL SEWERS.
AND THE C.;UCELLATIOU ElF CONSTRUCTIOn OF AU'l'EORIZED SE\VERS ON
OONTRACT NO.6, SEllER EXTENSIONS ,AND llTHOVFl.mNTS, DOCKET NO.
FLA. 110o-F, CLEARWATER, FLORIDA.
~~mREAS, it is deemed advisable to install additional
sewers as follows:
a. Grove St., Myrtle to Prospect Avenue, & Prospect Ave.
168 ft. North and 152 ft. South of Grove Street.
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b. LakevieVl Avenue, Greenwood to Seaboard Air Line R. R.
c. Magnolia Way, Station No. 11 to Clearwater Bay.
d. Manda1ay Road, Station No. 10 to Clearwater Bay.
e.. Bruce Avenue, Station No. 12, to Clearwater Bay.
f.
Hobart Drive
g. Bruce and Hobart
h. Addition to trestles of Class "AU Contrete and
"I" Beams.
and to eliminate the construction of sewers as follows:
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i. Deduction to trestles of piling and creosote timber.
j. Deduction, Myrtle Avenue, Thomas to South.
NOW THEr{EFORE BE IT RESOLVED by the City Commission of
the City of Clearwater, Florida, as followst
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ORDINANCE NO. 459
AN ORDINANCE CONSTR DING THE TERM RETAIL FLORIST; PROVID!NO
FOR THE LICENSING AND REGULATION OF RETAIL SELLING OF FLO\r.ERS,
FUNERAL SPRAYS, WREATHS, DESIGNS, CORSAGES, POTTED PLANTS, AND
CUTTING AND BEDDING PLANTS; PROVIDING THE rU\NNER OF DISPLAY OF
SUCH PRODUCTS; PRESCRIBING LICENSE FEE AND PROHIBITING TRANSFER
OF LICENSE; REPEALING ALL LA\\'S IN CONFLICT HEREV,TITHj AND
PROVIDING A PENALTY FOR VIOLATION OF THIS OlIDINANCEj DECLARING
THIS ORDINANCE TO BE AN E1,UmGENCY lXEASUREj AND DISPENSING WITH
THE READING OF THIS ORDINANCE ON TVW SE? MATE DAYS BY UNANIMOUS
VOTE OF THE C om.IISS ION .
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BE IT ORDAIN"ED BY THE COHUISSION OF TIm CITY OF CLEARWATER:
Section 1. It shall be unlawful for any person, ~irm
or coppora tion to engage in the business of a retail florist, _'h
as suoh ter.rn is hereinafter defined, within the City of Clear-
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water, Florida, unless such person" firm or corporation shall
have first obtained from tl~ City a separate license for each
place or location whereat such business. is conducted.
Seotion 2. The term "Retail Florist", wherever the
same shall be used herein, shall be construed to mean, and
include, any person, firm or corporation engaged in the business
of selling, at retail, flowers, funeral sprays, '~eaths, designs,
corsages, potted plants or bedded plants; provided, however,
that such term shall not be construed to mean, no 1ncl~de,
~ersons, finns or corporations, selling any such products
which shall have been produced by themselves and offered for
sale as potted plants, annuals or cut flowers, sold without
container, box, or arranged in any floral design, at the
place where the same are produced, to or through a regular
merchantile store or place of business, or at or upon any
muniCipally owned publi.c marJ~etj nor shall 'the same be
construed to mean, or include, ~ersons, firms or oorporations
selling only dry bulbs, roots, tubers, corms, unpotted hardy
,perennials, deciduous plants, seedlings, evergreens, shrubs,
vines, wegetable plants, or cereal plants; nor shall the same
be construed to meAn the owner or operator of any merchantile
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store handling floral products by arrangement with the grower
thereof.
Section 3. Every lioense hereunder shall maintain
a regularly established retail flower store or flower greenhouse,
which shall be adequately equipped with refrigeration facilities,
consisting of a minimum of 100 cubio feet of regrigeration, to
properly oare for cut f1owers, and the products in Section 2,
authorized to be sold hereunder shall be offered for sale at
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Seotion 4. No license shall be issued hereunder exoept
upon application therefor made in WTiting to the City, whioh
application shall contain a statement giving the true location
at which it is proposed to carryon such retail florist business,
together with the name, age and place of residenoe of the
applicant, if an individual; the nAmes and addresses of the
individual members, of a firm or co-partnership; and the
principal plaoe of business, of a corporation; the statements
in such application shall be sworn to by the person making the
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Section 5. The annual license fee for each place of
business authorized hereunder shall be ~ 20.00.
Section 6. No license authorized hereunder shall be
trans~erable nor shall business thereunder be conducted
except nt the place for which the same is issued and by
the person, firm or corporation to whom the same is issued.
Section? Whoever shall violate any of the provisions
of this ordinance, shall, upon conviction therefor, be punished
by a fine not exceeding $ 300.00, or by imprisonment not
exceedine sixty days, or by both such fine and imprisonment.
Section 8. All ordinances and parts of ordinances
in conflict with the provisions of this ordinance are hereby
repealed. /
~Section 9. In the event of any section, sub-section,
sentence, clause or phrase of this ordinance shall be declared
or adjudeerl invalid or unconstitutional, such adjudication
shall in no manner affect the other sections, sub-sections,
sentences, clauses or phrases of this ordinance, which shall
be in full ~orce and effect, as if the section, sub-section,
sentence, olause or phrase so declared or adjudged invalid
or unconstitutional was not orieinally a part th/~reof.
Section 10. This Ol'(linBnCe is hereb~r declared to bi!
an emergency measure on the ground of ureent public need for
the preservation of peace, health, safety and property of the
City of Clearwater.
Section 11. The reading of this ordinanoe on two
separate days is dispensed with by unanir.lous vote of this
co~ission.
Section 12. This ordinance shall take effect
in~ediately upon it's approval by the Commission.
PASSED AND ADOPTED THIS 20TH DAY OF DEC:EMBER,
A. D. 1939.
Mayor-Commissioner