06/10/1940
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UINUTES OF TIlE UEETIl'lG OF THE CI T'l COUv!ISSION
The City Con~ission of the Oity of Clearwater met in
the City Hall at 6:00 o'olook on the evening of ~une ~O,
1940, for n Speoial Heeting. The followinp, members were
present:
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E. n. Onsler, Jr., l~l3.yor-Cor.unisBioner
R. A. Dempsey
Herbert Grice
G. R. Seovy
Absent:
W. W. Peeler
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Uinutes of.' previous neetings were read and approved.
lrr. J. S. Eubanks presented a petition signed by plvn~rs ::
of, property abuttin~ the alley running east and west between
Lots 1-2-3-8-9 & 10 Block 2 of Wallaoe' Addition to have the
alley vacated. Action was deferred until a meetinc to be
held on !':onday June 17th.
Mr. Young oomplained to the Connnissioners about Mr.
Rushmore having olosed Bohen1a Cirole running fr~m Eldorado
to the waters on ClearwAter Beaoh. Action was deferred until
meeting to be held on !.~Ionday June 17th.
The City Attorney read a letter from Dootor Van Brunt
with referenoe to getting the National Guard stationed in
Clearwater. The City Attorney was instructea to get in
touch with proper authorities with referenoe to same.
Moved by ITr. Dempsey, seconded by ~,~r. Grice and
unanimously oarried. that Ordinance Nwnber 462 be passed on
its third. and final reading.
Hoved by L:r. Dempsey, seconded by IIr. G:rioe and
unanimously oarried. approving the purchase of a Polioe car
from Kennedy and Strickland at a cost of ~ 79l.?3.
Hoved by ::1'. Grioe, secon:led by 1:1'.. Seavy and
unanimously oarried that the purchase of two thousand feet
of six inoh oast iron pipe and fire hydrant, ,fittings at a
cost of $ 1,800.00 be approved.
1,!oved by tire Dempsey, seoonded by !!~. Grice and carried
~hat. the,Qffer':or';~4Q.OO:,1.n settlement of all delinquent
taxes on Lots 5 & 6 of Janie Daniel's Subdivision be aocepted.
Mr. Seavy not voting.
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I:!oved by l,Tr. Dempsey, seconded by !.Ir. Seavy and
unanimously cnrriecl that A rCE30LUTION AUT!!O!lI~IHG IJ;
.\.G;~S~::i:'IT D2T.'j-Z~'r TIr:: (~IT[ OJ' CLEi~ill',!f~T:~R, FLOnIDA, lull
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ITS L.:..';GIiL R3Pn~:..Jlm7i~TIV~~S,
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Zl!~G,,[ F1101: . SAID CORPOlL'~TIO:; BY ..3,aD CIIYY OF CLE.AIlWl1.TER,
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(OV::mE:::;l~U .:..:.TD Ol'l:rA:l::.:rrl'iJ. rOST), : :I3CELIJ:JY:;;OUS LIfi.:aTI!IG
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FLOHIDA, FOn T::Z PUTIPOJ2: OF 3rl!1i~srr LIGErrIHG :3EHVIC3:J
.s:SRVIC'::;S, :J:D FO:1 ::U!rIC IP,'J., ',!AT1::Il ',:O;U:.s .A~ID CJi.TJJE','lAY
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UR.AVffiRIDG3 IH T1-IZ CI1'Y 0:1' CLEA..~WATEH, FLORIDA be adopted.
I,U'. Peeler teleeraphed a "YES" vote on adoption of this
Resolution.
!:r. Seuvy rec;istered a complaint about the traffic
liGht operating nt :North J'ort Harrison Avenue ancl Eldridge
Street nn~ stated that this lisht is more of a nuisance
than it cloes good.
Paul Johnson, represen tine 1:rs. :Ticholson who hA.d
broken her arm I.ln<l vms clair:1inc; the Oi ty hocl pilecl some
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rubbish next to th8 sidewollc at the intersection of
PeJIDsylvanin Avenue and Jones 3treet.
3he "Jns tripped
by this rubbish, cnusinl: her to break her ar!:!. L:r.
Johnson askerl the Cor:uaissionors to consider !Irs. }'Tichol--
SOIl t S condition and do \'lhntever they fel t justfiable in
cloine as she han been unable to work since breakinG her
arm and hael no income frol~ any other source. Ur. Seavy
sU[;gestecl the mB. tter be investie;ated amI be ta}cen up at
the next recular meetine. .
There being no further business, the meetine; was
adjourned.
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Attest:
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Mal"O. WILL .. "NT AT PULL IlAT.
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Form I
Settd 'II, folfowfnZ ml1l$~, sublect 10 IIr, Company'" rulel, rellU1atforu and ,.0'1111" lorlh In III larl61 and on file with replDIOt')I aUlhorltlft
.J't.mo 10. 1940
~r. w. ~. Peeler
R1pl~y, ~1oBiosippl
EO YOU VOTE YES FLORIDA pm'fEn CO:N'I'iV\(:'f L\I>VIHE: II,11U'DIA :i'.i~1;Y .
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F. .1.4. HEIIDRIX
CITY L':Ju1 AGLffi
Paid fi"elo~rm."1
City of' Cloo:rwatC'%'
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ORDI:JANCE NO. 462
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AN ORDIHAHCE Al~~i:DnJG ORDIHAlICE NO. 454 OF
T1r:~ CITY OF CLEAR1,':ATER, FLORIDA, EUTITLED
"An ORDIlLA1W:3 FHOVIDlliG Fon AND FIXING 'rUE
lJ!OUNT OF CERTAIN OCCUPATION.\L, BUSInESS
MIl) BWJPESSIOHAL LI()~HSES FOIl THE CI'l'Y 011'
CLEAn\'/ATER, FLOHID/\, AND PHOVIDING A. PEH-
f-iliTY IfOH 1!'AILURE 'I\) CO TL Y TJIEHE1.'!ITII".
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BE IT ORDAIi1ED BY 'rIrE UITY COl.ILlISSION OF 'llJIE CITY OF CLEAR-
\'IATER, FLORIDA:
That Ordinance No. 454 of the City of Clearwater, Flor~da,
entitled "...\N ORDDiANCE PROVIDI)JG FOR AND FIXING THE AUOUNT OF
(,
OERTATIJ OCCUPATIONAL, BUSIHJ~SS AND :PROFESSIONAL LICENSES FOR
THE CITY OF CLEARWATER, FLOHIDA, AND PROVID ]}lTG A FIDJALTY FOR
FAn.URE TO COL!PLY TIffiREV:ITH" be and the same is hereby amended
by adding thereto nnd incorporatinc therein the fOllowing
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such person, firm, corporat ion, seller, trad.er or seller who
sells, soliei ts orders nnd/or rJlf\.kes deliveries of lumber or
buil<line materiAls to other thnn licensed lum1')er denlers r
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provisions, to-wit:
Sec. 1. ~~ch person, firm or oorporntion engAged in
the business of l.1<1nui'acturinr, or sellinr; lur:1ber, or building
mlJ.teri~lls, and whose luciber manufaotory or lilllber yurd is
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looated outside of the City, and who l1a:ces, or engages in
the business of IlIAh:ine sales, solicitations of sale, and/or
deliveries in the Oity, and nlso every itinerant dealer,
trader, or seller of lunber, or buildinc l:laterials, selling,
tradinc in and/or soliciting orders for the sAle of lumber
or building materials to other than licensed lumber dealers
in the City sh::1l1 P3Y un annual occupationol license tax of
:~ 150.00; and each agent, broker, solioi tor or employee of
place of business s:wll pay fin annual oocupntional license
tax of ::~ 150.00.
Sec. 2. Any and :.'11 ordinances or parts of' ordinances
heretofore passed and in conflict llerewith are hereby repealed
in so :Car as there is a oonflict herei'/i the
Sec. 3. This o:rdinr:nce is hereb:r declared an emergency
nensure necessnry for the ir:rrnediate preservntion of peace,
heal th, prosperi t~l and safety find 811'-111 tRke effect immediately
upon its passaGe.
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This 6rdinance passed and adonted by the City Commission
of the City of Cler.rwater, Florida:
Passed on first reading Hey 20th, 1940.
Passed on second reading 1:1ay 20th, 1940.
Passed on third reading June 10th, 1940.
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A RESOLUTIOH .4UTIfORIZI1W /JJ AGn:':~1':BnT I3J:Ti,~1~N THE CITY
OF CLE1J\~:;i\TEH., FLOHID.A, .4HD FLOHID/\ PO\';:'!;I~ CORPORATION,
ITS Ll~OAL HEPRES1mT..\TIVES, SUCCESSORS /-lm ASSIm,rs, FOR
THE pm{Cn\s~ OF };Ll';CTHIC ENEHGY 1!'Hor: SAID CORJ'ORATION
BY 3,;11) CITY OF CL}~j\mrAT::m, }PLOHIDA, FOH TIrE PURPOSE
OF STHEET LlmlTE-n SF.RVICES (OVr~HImAD J\:~ ORH/\I,T'ErJTI\L
:rOST) , J:ISc:'~u:m~~OU3 Lrrn!TIH0 mmVICJ~8, J\HD FOR
EUlrrCTI)AL ',':ATEH '.'iOm:s AND C,\USE',:!\Y DILW.13HIDn.E IN THE
CITY OJ? CLE!~m','F.T!U<, FLOHIDA.
';';11ETI3AS, the City of' Clenrw'1ter is authorized und empowered
b~r its charter to }!rovide for lir-;htine tho streots, pnrks nnd
Imblic plRces of the C1 ty, I1ncl by the General Low for the 1ncor-
IJOrntion nnd r,overnment of c1 ties nnd tovms to :provide electric
enere;y for its municipal uses and for the usen of its residents,
and
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r.1IEREAS, it hns been (leem.ed advisable by the Board of
Conrnissioners of the City of Clearvmter to be for the interest
and adv~ntaGe of the inhabitants of the city to enter into a
contrflct ,"itll Florida Power Cor}!orntion for the purchase of
electric energy for the purposes of street lichtine servioes
(overheF1d Ilnd ornament~:l post),' miscellaneous liehting services,
and for munici~Rl wGter pumpine }!lants, sewace disposal pumpinB
stations, {!.as works Bnd causeway draWbridge, from said corporaticfi
by SAid C~ty of Clearwater, Florida; and
\~'~REAS, the representatives of Florida Power Corporation
ana the orficials of the City of Clearwnter have ngreed upon
the terms flnd concU tions of the contract;
NOVi, THEREFORE, BE Ir.v HESOLV1!:D BY Tim CITY COI>.IHISSIOHERS OF
THE CITY OF CL~.;;.n\';A~\, FLOHIDA:
SEC~ION 1. ThRt the City of Clearwater, Florida, hereby
agrees to mQ~e Bnd enter into a contract \vith Florida Power
Corporation, its le~al representatives, successors and assigns,
to buy und purchase electric pow.e;J;~rand energy required by the
City of Clearwater for 'its street lighting services (overhead
and Ornarn.ental post), miscellaneous lighting services, and for
municipal water pumping plants, sewage disposal pumping ~tations,
gas works enc1 causeway drawbridge in the City of Clearvlater,
for a periOd effeoti ve I~8Y 1st, 1940, find ending March 7th, 1946.
J' Section 2. That the C1 ty Haneger of the Oi ty of Clearwater,\
Florida, and the Clerk of the City of CleArwater, Florida, are
hereby authorized, empowered and dire:)ted to ncce})t, approve,
confirm and exeoute under their hands nnd the seal of the Munic-
ipality that certain contrnct hereinbefore mentioned in Section J.
Passed And ado~ted by the City Commission of the City of
Clearwater, Florida, on the 10th day of ~une, 1940.
Attest:
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AGREEMENT
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TEIS AGRE>>I:ElIJT, Made and entered into this _ day
of June, 1940, by and between the CITY OF CLEAR\VATER, a
munioipal oorporation within the state of Florida, hereinafter
oulled the "Munioipali ty," and FLORIDA POWER CORPORATION, a
oorporation organized and existing under the laws of the State
of Florida, hereinafter oalled the "Company";
VUTNESSEflI: That in consideration of the smn of
One Dollar ($ 1.00) paid by eaoh of the parties hereto to the
other, the receipt of whioh is hereby acknowledged, and in
further oonsideration of the mutual oovenants and agreements
herein oontained to be performed by the parties hereto, it 1s
mutually oovenanted and agreed:
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That the Company binds itself, its legal represent-
atives, sucOessors and assigns, to furnish and to sell to the
Munioipality, and the IJunioipality hereby binds itself to buy
of Florida Power Corporation, its legal representatives,
suocessors and assigns, all of the electrio energy required
by the Munioip&lity, except for resale and as hereinafter
provided, for the operation of its water pumping plants, gas
works, sewage disposal pumping stations, oauseway drawbridge,
for street lighting systems (overhead and ornamental post)
and for lighting servioe to all misoellaneous situations now
oonneoted (with the exoeption of the city hall) and for
similar situations tl~t hereafter may be added, and not to
generate suoh energy itself, exoept as hereinafter provided
for the supply of emergenoy service, or purohase it elsewhere,
exoept as and when the Company is unable to furnish it or
refuses without legal excuse to do so.
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II.
In consideration of the above agreement, the Munio-
ipality, during the period of this agreement, binds itself to
pay to the~ompany monthly for all eleotric energy used and
consQmed at the following rates, to-wit:
For Power Service:
.
To water pumping plants, gas works, sewage disposal pumping
stations and oauseway drawbridge:
Rate per Month:
31- per laVH for first
2~ per KVlff for next
l~ per 1a~I for excess over
2,500 KWH
?,500 KWH
10,000 KWH
For situations not served from master-metered 2300-volt
power oirouit, 10% shall be added to the KVffi oonsumption
to oompensate for line and transformer losses. The KWH
oonsumption of all power situations, per list attaohed
will be consolidated and billed at the power rate. '
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For Street Lightin~ and IJiscellane~us Services:
For street lighting systems (overhead and ornamental post) and
lighting to miscellaneous situations now connected, exoept oity
hall:
\: /~ Rate l2.er Month:
~ti per K\'.11: for first 10,000 KWH
, ' KWH 10,000 KWH
"'..-" per for next
i~i per K'\'.'1r for next 10,000 KWH
per KWH for next 10,000 KWH
l~ per }{V III for excess over 40,000 KWH
The l~m consumption of all miscellaneous liehting servioes
(except city hall), as per attached list, will be oonsolid-
ated and billed at ~le street lighting rate. Vnlere servioes
to miscellaneous liehting situations can be consolidated,
the r.~unicipali t~r shall tal\:e the nemessary steps to provide
such oonsolidations to eliminate separate metering.
Fuel Clause,:
The above rates shall be increased $.0003 (three-
tenths of one mill) per KVlH for each 10i increase in oil cost
per barrel above One Dollar and Five Cents ($ 1.05) per barrel,
f.o.b. Port Tampa.
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III.
It is agreed that the eleotric energy supplied under
this agreement shall be delivered as follows:
For Servioe to Water Pumping Plants and Gas Works (Served from
2300-volt master-metered circuit):
Service supplied at 2300 volts and delivered at junction pole
located on Uaple Street, one span west of Alden Avenue, and
measured by metering equipment furnished and installed 'by the
Company on pole located adjacent to gas plant engine room.
For service to ~ater Purlping Plants (not served fram master-
metered circuit), Sewage Disposal Pumping Stations and Cause-
way Drawbridp.;e:
Service delivered at each location and measured at 230 volts,
~phase. The 1:Iunicipa1ity shall furnish and maintain the
neoessary stepdovm transformers and provide meter connection
at each location.
For Street Lighting Systems (exoept Clearwater Beaoh)
At bus bar of Company's substation. Servioe delivered and
measured at approximately 2300 volts, 3-phase.
For Clearwater Beach (Street Lighting)
At Island end of causeway. Service delivered and measured
at approximately 2300 volts, single phase.
For Miscellaneous Situations (per sohedule attached):
Service delivered and metered at each location, single phase,
115 or 115/230 volts.
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The Company will furnish and install the necessary
meters adjaoent to each location, the registration of which
lneters shall constitute the basis of computation of bills
for energy oonsumption.
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Bills for eleotrio enerey shall be rendered monthly
by the Company and sha~l be due and payable within ten days
from date !'enderedj and it is further stipulated that the
Company shall have the right to discontinue the delivery of
electric enerey to the liunicipality under this agreement in
the event the I,:unicipn~i ty shall fail to pny ~ sum due
hereunder from the l!unicipality to the Company, I1S herein
provided, or in the event the I.hmicipnlity othorwise violates
this agreement, providell the Company shall give the }.lunicipal-
ity at least sixty days' wTitten notice of its intention to
discontinue delivory o~ electric energy and the reason there-
for, and the 1.:unicipali ty shall hl1ve such period in whioh to
pay the Slli'~ due or make eood such violation.
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Inasmuch as the l:unic ipali ty has installed a boiler
in connection with its incinerator plant for the disposal of
rubbish and garbaBe, and has installed a steam driven generat-
ing unit for the utilization of such steam as may be produced
by the said incinerator boiler, it is hereby understood and
agreeel that the t:unicipali ty shall hnve the right and privilege
of connectine; its wires from its generator, through suitable
protective equipment to be !8:pprovcd by the Conpany and with
synchronizinc equipment, all to be furnishecl by the l:unicipal-
ity, with the incominc electric service supplied by the Company
to the Gas plrmt nnd \,,'nter PUr.l:pinC; stations for the purpose
of pcrr.1i t tinc~ the i'unicipali ty to opere.te its Generator in
parallel with the COral)any's system and to utilize to. the
fullest extent such enerc,y as may be gencratecl from. the steam
supplied by the incinerator boiler as incident to the operation
of the incinerator.
The r:unicipali ty aerees that it will
operate its generator at proper excitation and that it will
not use steru~ from the boilers of the GUs plant for the operat-
ion of said stern1 engine unless the Company, for any cause,
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is unable to sup-ply the requiremen ts of the !.~unic i])ali ty. The
Company has installed disconnecting switches at or near its
meter through which service is sup~lied to the I:unicipali ty
for w8ter pumpine and eas plant usaee so that these switches
may be opened in the eycnt the CorJ.pany is unable to supply
energy to the Eunicipali ty for water rmnpinc;, which will' permit
the l,:unicipali ty to supply its water pumpine stations from its
steam driven eenerator; it being understood and agreed, however,
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the'!; when such int()rruption of service has been corrected,
the Company shall have the right to roconneot its servioe
to the circl.li ts sur:r}lyinG the \'In ter pumpine stations and
ens plrmt, and the !,;unicipali t~l 'will immediately resume
takine sorvi cu from the COlllIJany.
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It is furthnr covenanted and Agreed thAt the
Company shall not be liable :for damage or injury to persons
or property nrisinL~, occurring or resultine in the receivins,
use or applicntion of eleotric enercy or oporation of
machinery or equiIlluent on the l!unicipnli ty' 8 side of the
points of deli-very (except as hereinafter provicled in the
misconcluct or neclieence on the part. of the Company in the
operation and maintenance of overhead street liGhting system),
and the l,:unicipali ty- shall not be liable forJnru:n.age or injury
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to persons or prol)Crty arisine I occurrinc or resulting in the
construotion, !:laintenance and Ol)eration of the Company's lines
and equipment on the Company's side of the points of delivery;
en d the Company and the l!unici:pali ty shall holcl and save
each other harrnless against such loss or damage sustained on
their respective sides of the points of delivery.
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It is further covenanted and aereed tho. t the ~:lunici-
pality at any reasonable time, upon notice to the Company, shall
have the right in the presence of an officer, agent or designated
employee of the Company to read and check the Company's meters
and/or metering equipment, should it so desire, and should there
ba any disagreement as to the correctness of readings and/or
accuracy of said meters or meterins equipment, the parties here-
to shall jointly test said meters, but it is hereby agreed that
the said meters and/or meterine: eq,ui!lment shall be considered
within the per cent average accuracy provided calibration is
wi thin two per centum (2%) of accuracy. . Should the meters be
beyond the said ranee of accuracy, an adjustment shall be made
based on the averaee of the three months' conswnption immed-
iately prior to the period in question, bllt no adjustment shal~
extend over a period of more than three months.
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It is further oovenanted and agreed tbat inasmuoh as
the Company owns the existing overhead street lighting system
and equipment and the Municipality ovms the existine ornamental
post street lighting system, the rate for energy herein sti~ulated
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shall include the maintenance by the Company, at its cost
and expense, of the said overhead street lighting syotem and
. eq uipruent flnd replacement of lamp bulbs in its ovm system and
ancl in that of the !v~unic ipnli ty, provided, however, that lamp
bulbs maliciously und willfully broken by unknown persons
shall be paid for b~l the !.!unicipali ty at cos t price; and it
is further understcod and agreed Y.(hat upon written request
of the !,:unicipali ty the Company will maintain the ornamental
post street liehtinC system of the l.Iunicipali ty now existing,
or such additions a s hereafter may be installed by the
Municipality, on a basis of cost plus ten per cent (10%).
It is further agreed that the l;~unicipali ty reserves
the right to specify the candle power of lamps to be used
and to regulate the hours of burning of said street lighting
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It is further covenanted and agreed that upon reason-
able notice from the l.Iunicipality, in writing, the Company
will transfer any lamp installation in the overhead street
lighting systen now existing or as hereafter may be added,
and install the same in any other location in the existing
system, provided, however, thnt the !~unicipality will vdthin
thirty days after the cOIJpletion of the transfer and re-install-
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ation of said lamp or lamps, reiniliurse the Company for the
actual cost, including transfer and re-installation of poles,
crossurms, wires and fixtures.
The COInpany further agrees that, upon written notice
from the I,!unicipali ty, it will install additional lamp or
l~ps to existing overhead street lighting system, provided,
however, that it shall not be required to extend its lines,
change its circuits or install any poles for the addition
of any said lamp or lamps. The Company, however, agrees
tha t upon written l'equest from the !.~unicipali ty for uddi tions
to the overhead street lighting system requiring the extension
of its wires and/or the addition of poles, the Company, upon
receipt of such notice, will make estimate of the cost so
that the Company and the T.Iunicipality may consider and agree
upon the allocat ion of said cost between the Company and the
l.::unicipality; the Company, however, agrees in estimating said
cost to allow 300 feet of circuit (conductors and insulators
only) without cost to the l.~W1icipality for each additional
lanp installed, and any cost for additional~oles paid for
by the I':W1icipality shall be refunded to the Municipali'ty
when such poles are used for commercial circuits.
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It is furthor aeread thnt the Company will use all
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re~lsonable CfIJ:"C lUHl diliGence to pro'ride the l.!unioipali ty
with an uninterrupted supply of electrio energy when it is
required by the I.7unicipnlity, but it v/ill not be responsible
for interrUl)ted sorvice vlhioh muy occur from t:tme to time on
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acoount of da.ma.ce to a.ny portion ot: its maChinery or equipment,
and if service shall be defective or be interrupted or fail by
reason of acts of God, or by tho acts of persons or ciroumstan-
ces over which the Company has no control, or by any emeger-
eencies in which the Company may be compelled to act to ])revent
injuries to life, person or property, except upon willfull
default of the Company, the Company shall not be liable for
any loss or damace resulting therefrom, but in the event the
supply of energy sholl be interru~ted, the Company will
exeroise all reasonable dilieence to remove the cause o'E
interruption from whatever source and to resume the normal
supply of energy as quioltly as possl1)le.
XI.
It is i'urther covenanted and agreed that the Company
shall assume all liability for dMlage or personal injury
oaused by its negligence in construction, operation and
maintenanoe of said overhead street liGhting system, but
the Company shall not be liable to any inhabitant of the
!.1unicipali ty or to any ot.her person, firm or corporation,
for any claim, demand, loss or dronage of whatsoever nature
or character due to or arising out of any failure or
interruption of liehting service hereunder; that nothing
in this BBreement expresse9. or implied is intended or shall.
be construed to confer upon or give to any inhabitant or
citizen of the ~unicipality or to any person, firm or
corporation other than the parties hereto, any right, remedy
or claim under or by reason of this BBreement or any oovenant,
condition or stipulation hereof; and that all covenants,
~tipulations, promises and agreements in this aereement
contained for or on behalf of the Company shall be for the'
benefi t~ d1:' the pa~ti~s..hereto.
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It is further agreed that if by any lawful authority,
Federal, State or l!unicipal, there shall be imposed upon the
Company any KWH generation, sales tax or gross revenue tax,
in addition to those now in effect, widcll shall inorease the
Company's cost of servin~ the I\:unicilmli ty under this aeree-
ment, the suid tax shall be added to the rate stipulated in
Paragraph II hereunder. In th e even t that the Corn})any
requires said tax so imposed to be paid by its other customers
served in the Ci ty of Clearwater, tllen the l.lunicipali ty agrees
to assume and pay the said tax which shall be added to the
rate stipulated. In the event the Company does not require
the ,tax so imposed to be paid by its other customers served
in the City of Clearwater, and the Uunicipality is unwilling
to accept such increase in rate caused by such tax imposed,
then the I!.unicipali ty may resc ino. this contract and the
Company shall give the !\:unicipality not less than six month's.
notice in \vriting before discontinuing the supply of electric
energy to the 1.1unici:pali ty.
It is further covenanted and agreed that this agreement
shall became effective as of the 1st day of Hay, 1940, and
shall be in full force and effect from the 1st day of May,
1940, to the 7th day of ~arch, 1946.
IN YlITlJESS ','lHEREOF, the CITY OF CLEARV1ATER, has caused
its name to be hereunto subscribed by the City 11anager ot
said Cit:{, confirmed by the l\:ayor of' said City and attested
by the City Clerk on the day and year first above written;
and the FLORIDA POVrnR CORPORATION has caused this agreement
to be executed by its President and its co~orate seal to
be hereto affixed and attested by its Secretary, the day and
year first above written.
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CITY OF CLEARWATER
:By:
Oi ty Manager
Signed, sealed and deliver-
ed in the presence of:
By:
Mayor Commissioner
ATTEST:
City Clerk
Approved as to form and oorrectness
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City Attorney
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(signatures on Agreement with Florida Power Corporation--
oontinued)
Signed, sealed and deliver~ FLORIDA POWER CORPORATION
ad in the presenoe of:
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President
ATTEST:
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EXHIBIT "A"
POV/ER SERVICE
ELECTRIC SERVICE TO CITY OF CLEAR\'IATER
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Schedule of Main and Miscellaneous Power Situations" metered
separately, and connected as of' 1.:1ay 1, 1940. The KWH con-
sumption of this group shall be consolidated and billed at
the Power Rate.
1. Main Power Keter for Gas Flant and Water Pumping Stations
served ~rom master-metered power circuit.
2. Water Pump - Gulf to Bay Blvd. and Highland Ave.
3. Sewage Disposal Pump Woodlawn and C ro s s Lane
4. " tt " Pine lIas and Plant St.
5. " tt tf Osceola at Nicholson
6. " " tf Marshall and Bay
'? " tt tI Lantana Ave.
8. " tt tf - Mandalay Ave.
9. " " tf Drew and Carlouel
~
10. " tt " l..!arshall Street
11. Causeway Drawbridge
Compensation for Line and Transformer Losses:
10% will be added to the total IDrH consumption of
Items 2 to 11 inclusive.
Additional Service:
For situations, shuilar to the above, not served from
master-metered power circuit, oonnected subsequent to
IJay: 1, 1940, and to be co nsolidated for billing purposes,
10% will be added to total ~WI consumption of each
situation to compensnte for line and transformer losses.
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EXHIBIT "B"
LIGHTnm SERVICE
ELECTRIC SERVICE TO CITY OF CLEARWATER
Sohedule of Street Lighting (Overhead and Ornamental Post)
and Misoellaneous Lie.hting Situations, metered separately,
oonneoted as or !!.ay 1, 1940. The K\nl oonsumption of this
group shall be oonsolideted and billed at the Street Light-
ing Rate.
1.
for Overhead and Ornamental Post.
~uin Street Lighting Meter
Liehting Systems
Causeway White Way
Causeway Bridge Lights
Seminole Street Pier
Traffio Signal Sunset Point Drive
" " Drew St. and North Ft. Harrison Ave.
" " I:Iandalay Drive - Clearwater Beaoh
" ff Vloodlawn and South' Ft. Harris on Ave.
" " Druid Road at South Ft. Harrison Ave.
" " Turner St. and South Ft. Harrison Ave.
" " Haven St. and South Ft. Harrison Ave.
White Way at S. A. L. R. R. Depot
Flood Lighting Brooklyn Field
Club House _ tt II
Flood Lighting Green Field
Club House - " "
Flood Lighting Colored Ball Park
Shuffleboard Court - Overbrook
" "- City Park
" "- Seminole Street
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Publio Library
Fire Station and ~ai1
W. P. A. Workroom - Park Street
Munioipal Auditorium
" "- Exit Lights
Municipal Tennis Courts
City Fark - Community House
" "- V.F.W. Building
tt "_ New Bowling Court
Flood Lishts - Belmont
Fire Station '- Mandalay Blvd.
Colored Playground - Madison Ave.
Additional Servioe: The EJvTI oonsumption of situations similar
to the above {City Hall and Chamber of
Commerce exoepted),'connected subsequent
to May 1, 1940, will be oonsolidated and
billed at the Street Lighting Rate.
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STATE OF FLORIDA )
)
COUNTY OF PI!lELLAS)
Personally appeared before me, the u~dersigned
authority, this
of June, 1940, F. L. Hendrix,
, "
E. B. Casler, Jr. and J. Franlc Hamriok, to me well knovm
to be the City r.~an~ger, the Uayor and the Clerk, respeotively,
of the City of Clearwater, Florida, and. aoknowledged that they
exeouted the foregoing instrument as such, for and on behalf
of the said City of Clearwater, Florida, for the uses and
purl10ses therein expressed, and that th.ey did so under and by
virtue of authority lawfully conferred upon them uncler the laws
of the State of Florida; and that the seal annexed thereto 1s
the true and genuine corporate seal of the City of Clearwater,
Florida,
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ffln,~ss my hand and orficial seol the date aforesaid.
110tary Publio
l.~y commission expires:' Uay 16, 1943
STATE OF FLORIDA )
)
COmITY OF PINELLAS)
Personally appeared be~ore me, the undersigned
day of June, 1940,
'N' to me well knovm to be the President
and Secretary, respectively, o~ Floriaa Power Cor~oration,
authority, this
and
who severally acknowlede;ed that 'they exeouted the f"oreeoing
instrument as said officers for and on behalf of saia corpor-
ation, for the purposes and uses therein eA~ressed~ and that
they did so under and by virtue of authority laWfully con:rerred
upon them by said corporation; that the seal annexed thereto
is the true and genuine corporate seal of the corporation, and
was affixed thereto by the Secretary, he beine the pro~er
custodian thereof.
vcr~s my hand and official seal the date aforesaid.
Notary Pub1io
If.y cOl~ission expires:
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EASEMENT
STATE OF FLORIDA,
COUNTY OF PINELLAS
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THIS AGREEMENT, Made and entered into, in
duplicate, this, the lOth day of June A.D. 1940, by and
between the WEST COAST FRUIT COMPANY, a corporation,
party of the first part, and the CITY OF CLEARWATER, a
Munioipal Corporation, of the County of Pinellas, State
of Florida, party of the seoond part;
WITNESSETH:
That the said party of the
first part, for and in consideration of the sum of Ten
DOllars, ($10.00), and other good and valuable consider-
ations, in hand paid by the said party of the seoond part,
the receipt whereof is hereby acknowledged, doth hereby
grant to said party of the second part, its successors
and assigns, for a period of thirty (30) years, or until
the bonds and/or sewer revenue certificates issued by
the City of Clearwater to Finance the cost of construction
of said sanitary sewer system are retired, an easement ten
(10) feet wide and extending diagonally across the property
of the party of the first part herein desoribed for the
operation and maintenance of a specifio sanitary sewer
line now being construoted and owned by said party of' tIE
second part, in and upon the hereinafter'desoribed real
estate, with the
full and free rieht, liberty and authority
to enter upon and to construot, repair, install and operate
the said sanitary sewerage line oVwned by said party o~ tie
second part, and to maintain and repair the same in and u~on
the said strip of land, being ten (10) feet in width, situate
in the City of Clearwater, County of Plnellas. and State of
Florida, desoribed as follows, to-w1~:
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Begin at the oenter line of Fort
Harrison Avenue as it now exists,
thenoe East 149 feet along the
North line of Lot 1 of Gulf View
Subdivision, as recorded in Book 5,
page 36 of the publio reoords of
Pinellas County, Florida, to the
oenter of a 10 foot strip of land,
thenoe along the center of said
strip, South 61.1 feet, thenoe/to
the right 30 06' a distanoe of 300.5
feet to the North line of A Street,
said point being 132 feet East of the
Center line of Fort Harrison Avenue,
(as it now exists), along the North
Line of A Street.
IT IS HEREBY STIPULATED AND AGREED by
and between the respeotive parties that in the event the
party or the first part should desire the removal of the
sanitary sewer line from the aforesaid pr~mises prior to
the termination of this easement as hereinbefore provid-
ed, then and in that event the said sanitary sewer line
shall be removed; provided, however, that the :party of
the first part shall have the right at his cwm expense
after fifteen (15) day's notioe to the party of the
seoond part to remove the said sewer line to a different
looation on ~he property owned by the party of the first
part or to property owned by the party of the seoond part,
to-wi t :
streets or alleys, or upon property owned by other
persons, provided the party of the first part snall aoquire
an easement ten (10) feet wide and extending the entire
distance and conneot the same back to the present or then
maintained lines of the party of the seoond part; it being
distinctly unders~ood and agreed between the respeotive
parties hereto that in the event the party of the first part
shall desire to move the sewer line from the easement hereby
granted to a new location the t the respeotive parties
hereto shall agree on the new looa~ion, tne method and manner
of construction of the Same and the material used shall be
of similar kind and charaoter to the materials used in the
construotion of the original sewer system to be approved by
the party or the second part; and the party of the first part"
shall furnish to the party of the second part satisfaotory
evidenoe that the proposed new location of the said sewer
line is either owned by the party of the seoond part or that
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the party of the first part has aoquired an easement equivalent'
and upon like terms as herein provided and has rull right
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transfer the easement right to the
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looatlon; or the pr.rty 01' the seoond part shall upon the
demand of tne pprty of the first part aooompanying the demand
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with a deposit of/suffioient money to cover the expense or
removing aDd relaying the said sewer line from points or
conneotion at this time over the new route and to the other
end of connec't10n, and upon the party of the first pR. rt
further supplying to the party of the seoond part satisractory
proof that he has secured all easement rights needed by the
party of the second pn rt for the purpose of layiog the said
sewer line upon like terr~ and conditions as set forth in
this agreement, that then and in that event the party of the
second part will remove the said sewer line upon the said
fifteen (15) days' notioe and upon the completion of the
undertakings on the part of the party of the first part as
contained in this paragraph.
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It is distinctly understood and agreed between the
respective parties th~t upon the lapse of thirty (30) years
from the date of this agreement, or upon the payment of the
bonds and/or sewer revenue certificates, issued to finance the
cost of the construotion of said sanitary sewer line the City
agrees upon 180 days' notice, in writing, to remove said
sanitary sewer line from the aforesaid premises.
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IT IS FURTHER AGREED between the respective parties
that in the event the sanitary sewer line should at any time
be abandoned or discontinued by the said party of the second
part prior to the time set forth herein for the termination
of this easement then and in that event all rights acquired
by the party of the second part in, and to the premises herein-
before described shall cease and determine.
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Party of the first part hereby oovenants with the said
party of the seaond part that it is lawfully seized in
fee and is the owner of the real prop erty above desoribed
and has full right and lawful authority to exeoute this
agreement.
IN \'v"lTNESS VTHEREOF, the said party of the rirst
part has caused this easement to be executed in its name
and on its behalf by its
President~ attested by
its Seoretary, the day and year first above written.
\-VEST COAST FRUIT COMPANY'
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BY
ATTEST:
Seoretary.
SIGNED, SEALED AND DELIVERED
IN THE PRESENOE OF:
STATE OF FLORIDA,
COUNTY OF PINELLAS
.
.
Before me, the undersigned authority, personally
appeared
to me well known and known to me to be the person who
exeouted the foregoing Easement, and he aoknowledged before
,
me that he exeouted the same in his offioial oapacity as
President of, and for and on behalf of' the
WEST OOAST FRUIT OOMPANY, a corporation, as the free act
and deed of said Corporation, for the uses and p~oses
therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand
and offioial seal. this, the
day of
A.D.1940.
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Notary Publio, State of Florida
at Large.
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My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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:KNOW ALL !.tEN BY THESE PRESENTS: Tha t I, BEATRICE
C.JUDKINS, for and in consideration of the sum of $10.00,
and other good and valuable oonsiderations, 1n hand paid
to me by West Coast Fruit Company and the City of Clearwater
Florida, reoeipt ot which is hereby aCknowledged, being the
owner and holder of that oertain mortgage dated December 31st
193?, filed for record February 7th 1938, and reoorded in
the public records of Pinellas County, Florida, as Instrument
#55448, said mortgage being in the prinoipal sum of $1000.00
covering the property described in the above and foregoing
easement, do hereby consent and agree to the execution of
the above and roregoing easement, bearing date of the lOth
day of June 1940, by and between West Coast Fruit Company
and the City of Clearwater, Florida, a Municipal Corporation.
I further consent to all of the terms, provisions, and oon-
ditions as oontained in the above and foregoing easement,
and hereby signify my approval thereor and full authorize
the execution of the same by West Coast Fruit Oompany; and
I do further waive and relinquiSh any right, title or
interest in the real property described in the easement re-
ferred to herein in so far as the same may be affeoted by
the mortgage which I hold against said property, provided
however, this waiver and agreement shall beoome null and void
in the event said easement is ever abandoned or not used by
the City of Clearwater.
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IN WITN1!::SS WHEREOF, I have hereunto set my hand and
seal, this the 3rd day of JUly A.D. 1940.
(Signe d) BEATRICE C JUDKINS (SEAL)
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Signed, sealed and delivered
in the presence ot:
,(Signed) Mildred E.Moore
J Signed) Paul F. Randolph
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STATE OF FLORIDA
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COUNTY OF PINELLAS )
Before me, the undersigned authority, personally
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appeared, BEATRICE C.JUDKINS, a widow, to me well known
and known to me to be the person who executed the foresoing
agreement, and she aoknowledged before me that she executed
the same as her free act and deed, for the uses and purposes
therein expressed.
IN VUTNESS ~nnmREOF I have hereunto set my hand
,
.and official seal, this the 3rd day of JUly A.D. 1940.
(Notarial Seal)
Mildred E.Moore
Notary Public, State of Florida
at Large.
Notary Public State of Florida at large
My Commission Expires Feb 23, 1941.
My Commission Expires___
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AGREEMENT
STATE OF FLORIDA,
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COUNTY OF PINELLAS
THIS AGREEMENT, Made and entered into this,
the lOth day of June, A.D. 1940, by andbetween CITY OF
CLEAR\1ATER, a municipal corporation, of the County of
Pinellas, State of Florida, party of the first part, and
WEST COAST FRUIT COMPANY, a corporation, party of the
second part;
WITNESSETH:
That whereas, the party of the
second part has this day granted to the party of the first
part on lands owned by said party of the second part a ten
(10) foot easement for the purpose of allowing the party
of the first part to construct, prepare, install and operate
a sewer line of a sanitary sewerage system on said strip
of land, being ten (10) feet in width, and extending diagon-
ally across the hereinafter desoribed lands situate in
Pinellas County, Florida, and described as follows, towit:
Begin at the oenter line of Ft.
Harrison Avenue as it now exists,
thenoe East 149 feet along the
North line of Lot 1 of Gulf View
Subdivision, as reoorded in Book
5 page 36, of the Public Records
of Pinellas County, Florida, to
the oenter of a ten (10) foot
strip of land, thence along the
center of said strip, South 61.1 feet,
thenoe to the right 3 deg 05' a
distanoe of 300*5 teet to the North
line of A street, said point being
132 feet East of the center line of
Ft. Harrison Avenue, (as it now exists)
along the North line of A Street;
AIID WHEREAS, as a consideration for the granting
of said easement it has been agreed as to the amount whioh
should be oharged the party of the second part by the party
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of the first part for sewerage assessments and charges tor
sewer .servioes;
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NOW THERE$ORE, this agreement is exeouted
to confirm said understanding, it being specirically
agreed and understood between the respective parties that
the party of the first part during the existence of said
easement shall charge the party of the second pert, its
successors and assigns, a blanket charge of not more than
$12.50 per month to cover all charges the party of the
first part may make against the party of the second pert
by reason of sewer services furnished by the party of the
first p,art to th~party of the second part for all build-
ings erected upon the above described premises and belonging
to, owned by, and con trolled by the sai d party of the second
part and also all buildings that may hereilfter be erected
thereon owned by the party of the second pa rt and used in
conneotion with or in furtherance of the facilities now
located on said premises and owned and operated by the
party of the second part including the ice plant, the re-
frigerator plant, the canning plant, the quarters occupied
by employees in the several plants and in the operation of
the fruit business, all located on the above described
premises and also any necessary reconstruction or replace-
ment of any or all of the said buildines; it being distinctly
agreed and understood that so long as the easement across
the said premises is in use by the party of the first part no
additional charge shall be made against the party or the
second part for any of the services hereinabove enumerated.
IT IS FURTHER AGREED AND UNDERSTOOD that this
contract or agreement shall extend and be bindir~ upon each
of the parties, their sucoessors, heirs, and assigns, so lQng
as the party of the first part shall occupy the easement
across the lands owned by the party of the seoond part for the
purpose of operating the said sewerage line.
IN ~~TNESS WHEREOF, the parties hereto have
caused this agreement to be executed in their names and on
their behalf by its duly authorized offioers so to do, the
day and year first above written.
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CITY OF CLEARWATER ,FLORIDA
BY
Mayor-Commissioner
Oi ty Manager.
ATl'EST;
City Auditor and Clerk
WEST COAST FRUIT COMPANY
BY
ATTEST:
Signed, sealed
in the presenoe
and delivered
or:
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