11/03/1941
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THE MINUTES OF THE OITY COMMISSION OF CLEARWATER, FLORIDA
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The City Commission of the City of Clecrwater, Florida
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met in regular session November ), 1941 at 8:00 o'olook P. M. in
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the Auditorium of the City Hall. The followin~ members were
present:
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George R. Seavy, Mayor-Commissioner
Herbert Grice, Commissioner
Swiltle r Lowe, C onnui s si one r
Jesse G. Smith, Commissioner
Dfln Stoutamire, GODUllissioner
The meeting was duly called to order by Mayor Seavy, after
which he asked the Ci ty ilttornoy what he considered the present status
of the two agreemen ts in connection with refundine;; the Sewer Certi1'icates.
Mr. Richards stated that there was some possibility of the Leedy-Wheeler
contract still beinc in effect in as much as there was no time limit
set in the contract and that he recomended that reasonable notice be
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given Leedy-VJheeler if the City CorwUSSiOll desired to call oft' the
contract. Mr. Grice stated that it was his opinion that the Leedy-
\\llieeler contract was no longer in effect.
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Mr. Leedy 01' Leedy-\1heeler &. Company of Orlando 8ppenrad
before the Board and stated thet his company had considered the contract
still in e'ffect and that Leed~T-Wheeler had offered the R. F. C. 102 for
the Certificates about two weeks aco, and that Leedy-Vlheeler & Company
was willing and ready now to GO throuch with the contract.and that it
would take only 45 to 50 days to cOlilplete the refunding.
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Moved by Mr. Lovle, seoonded by lIr. Smith and carried that
any action taken by the Commission at its meetillb 011 October 27, 1941
with Roy Gridley and Company and Curlberb alld Company, Inc. in connect-
ion with refunding the Sewer Certificates be rescinded. Commissioner
Grice voted in the negative on this motion.
City Attorney Ralph Hichards now read to the Board the
'following resolution.
RESOL'QTION
VnIEREAS on the 7th day of July, 1941, the City
of Clearwater entered into an aereement with Leedy, Wheeler & Co.
for refunding of the present outstanding sewer revenue certi~icates;
and
VffiEREAS said agreement contemplated the purchase
of the present sewer certificates from the RFO at par, and the re-
funding of these certificates by new certificutes to be a first lien
on sewer revenu~and a second lien on gas revenues; and
VarnmEAS nearly four ~onths have expired sln~e said
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agreement was entered into and the refunding agent, Leedy, Vfueeler
& Co., has been unable to purchase the present sewer oertificates
from the RFC at par an oontemplated by suid abreement;
NO\'! TfillHgFORE BE IT RESOLVED BY THE CITY COMMISSION
OF THE OITY OF CLEAH\'IATEH, FLORIDA, that the refunding at:5eIl t, Leedy,
Wheeler & Co., be and it is hereby oalled on to purchase the present
sewer certif'ioates immediately from the RFC at par to the City of' Clear-
water, and !)roceed at once with the ~efunding of these certificates
as oontemplated by the present agreoment between the refunding agent
and the City of Clearwater.
BE IT FURTH~H RESOLVgn that if the said refunding
agent fui~s to oomplete arranGements for the purohase of the present
sewer certi1'lcates at par to the Cit~T of Clearwater on or before the
20th day 01' NOVel:.Lber, 19J~1, then and thereupon the City will consider
that the re:funding agent is either unable or unwilling to purohase
said oertificates at a cost of par to the City, and thereupon said
refunding aereement dated the 7th dtly of July, 194.1, Will b e
considered as terminated and of no further f'orce UI1d effect.
Moved by 1"11". Smith, seconded by Hr. Lowe and carried that
the resolution be adopted.
It appearing that Roy Gridley & Company and Carlbere &
Cook, Inc., knew nothing of' the contract with Leedy-Wheeler & Company,
the following resolution was moved for adoption by Mr. Grice.
Mo~on seconded by Mr. Stoutamire and carried.
RES 0 L UTI 0 N
VffiEl~S on July 7th, 1941, the City of' Clearwater
entered into a written agreement with Leedy, Vfueeler & Company for
the refunding of outstanding sewer certifioates; and
~nmREAS Leedy, Wheeler & Company was for a long time
unable to carry out the refunding agreement because of inability to
purohase the present sewer oertificates from the Reconstruction
Finance Corporation; and
\mEREAS at a special meating of the City Commission
held on October 27th, 194.1 Roy Gridley ~ Comp~ny of Birmingham, Alabwna,
and Carlbert & Cook, Ino., of Palm Beach, Florida, submitted a proposal
for the re~und~rlg of the said sewer certificates, whioh proposal was
accepted by the City Commission in the belief that Leedy, Vfueeler &
Company had abandoned efforts to carry out its contract; and
VmEREAS it has now developed that Leedy, Wheeler &
not abandonded its contraot but has now sucoeeded in making
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arrangements to purchase the sewer certificates from the Redonstruotlon
Finance Corporation and thus oarry out its contraot;
NOVl, TllliRE1~OHg, Bl!.: IT RESOLVED BY THE CITY CO:MMISSION
OF 'l1f!E CITY OF CLEAnVlATEl~, FLOHIDA:
1. TllUt the refundinG propos8.1 made by Roy Gridley
Be Company of Birmingham, Alabwtla, and Carlbar~ & Cook, Inc., or Palm
Beach, Florida, was subrdtted b~r soid companies in good faith and
wi thout any knowledge of the fact that the ct ty was bound by the
refunding contraot previously entered into with Leedy, Wheeler Be
Company.
2. That in acceptinG the proposal made by Roy
Gridley & Company and Carlber~ & Cook, Ino., the city Commission acted
in good faith and in the belie~ that the contraot previously entered
into with Leedy, Wheeler & Company had been abandoned by that company.
3. That the City Commission sincerely regre~s any
expense or eobarrassment that may have been caused by Roy Gridley &
Company and Carlberg Be Cook, Inc., by the action o~ the OOInIlllssion
in assuminb that Leedy, Vilieeler & Company had abandoned its contract
when in fact it had llOt.
Mr. John Brown appeared before the Board and extended to
the Commission a special invitation to attend a patriotic meetin~
sponsored by the Elks Lodge to be hel.d at the 01 ty Auditoriurll,
Thursday night, November 6th, 1941.
Mr. Richards now read to the Board a draft of a Fire
Prevention Ordinance sponsored by the State Fire Marshal of Florida.
The Comnissibn decided that before adoption this ordinance should be gone
into thoroughly.
There being no further business to come before the Boand
the meeting was adjourned.
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Mayor-Conm ss oner
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