06/25/1945
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CITY COMMISSION MIMJTES
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The City Commission met in Speoial Session june 25th, 8 o'clook P.M.
in the City Hall with the following members present:
George R. Seavy, Herbert Grice, Sumner Lowe, Jesse G. Smith.
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Absent:
None
#508 amending Ordnanoe ~505 relating to fuel oil was passed
on a motion of Mr. Grice seconded by 1~. 8.mith and passed on
reading on motion of Mr. Lowe seconded by Mr. Stoutam1re.
out below.
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Ordnanoe
on its first reading
its seoond and final
This Ordnanoe is set
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A proposed Ordnanoe placing a tax on fuel all .was now read and upon
motion of Mr. Urice seconded by Mr. Lowe, the same wQs rejected. On the motion
to reject Mayor Seavy voted in the negative. This proposed ordnance is set out
bel.ow.
It was moved by Mr. ~ith, seoonded by Mr. Lowe, 'and carried that
Ordnance #509 relating to Gas rates be passed on its first reading. It was moved
by Mr. Lowe, seconded by Mr. Grice, and carried that Ordnance #509 be passed on
its second and third reading. Mayor Seavy voted in the negative on ~hese motions
A letter from the State Road Department was read by Mr. Hendrix whioh
stated that the State Road Department at its meeting on May 7th, had approved the
taking over by the S~ate the Gulf to Bay Boulevard for maintenance. This letter
is set out below.
A letter was also read from the Federal Public Housing Authority, a
copy of which is made a part of these minutes.
City Attorney Richards read a resolution concerning the holding of an
election as provided by the law governing the operations of the City Employeea
Rension Plan. It wsw moved by Mr Smith seconded by Mr. Lowe and carried tbat
the Resolution be adopted. This resol~tlon is set out below.
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Th~re being no further business to come before the Boa~ the
Meeting was adjo~r.ned.
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Mayor-Conmlss1oner
City
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ORDNANCE #508
AN ORDNANCE M~ENDING ORDNANCE NO. 505
OF TEE CITY OF CLEARWATER ENTI TLED "AN
ORDNANCE LEVYING A TAX ON SALES OF GAS,
WATER, ELECTRICITY, FUEL OIL, AND TELE-
PHONE SERVICE, RPOVIDING FOR THE COLLEC-
TION OF SUCH TAX, AND PRESCRIBING 'PENALTIES FOR
FOR THE VIOLATION OF THIS ORDNANCE."
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEAHWATER, FLORIDA:
Seotion 1. That all provisions of Ordnance No. 505 of the City
of Clearwater which levy or attmept to levy a taxon the sale of f.uel oil be and
they- are hereby repealed. ~'
Seotion 2. This ordinance shall beoome effective immediat,ely- upon
its passage and adoption by the City Commission of the City of Clearwater, Florid
Section 3. All ordinances and parts of ordinances in confliot here-
wi th be and they are hereby repealed.
This ordinance passed and adopted by the City Commission of the City
of Clearwater, Florida:
ORDINANCE #509
AN ORDD'fANCE ESTABLISHING RESIDENTIAL GAS RATES
FOR GAS MANUfACTURED A1~ SOLD BY THE ~rrfrrICIPAL GAS
D]iTARTM:ENT OF TEE CITY OF CLEARWATER
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY' OF CLEARWATER, FLORIDA:
Section 1. That all gas manufaotured and sold by the Munioipal Gas
Department of the City'of Olearwater shall be charged for at the following rates,
to-wi t:
(a) First 2,000 cubis fe e t . . . . . . . . $ 1,75 per 1000
(b) Next 1,000 cubis feet. . . . . . . . 1..25 per 1000
(c) Next 17,000 cubic fee t . . . . . . . . 1.00 per 1000
(d) Next 5,000 cubic feet. . . . . . . . .80 per 1000
(e) Allover 25,000 cubic feet . . . . . . .75 per 1000
(f) Minimum bill . . . . . . . . . . . . . 1.25
Section 2. That this ordinanae shall apply only to gas sold for
what is known as domestic consumption inCluding stores, offices, and residences.
Section 3. This ordinance shall take effect at 1~:01 A. M. on July
1st, 1945.
Section 4. All ordinances and parts of ordinances in 00 nflict here-
with be and the same are hereby repealed.
This ordinance passed and adopted by the City Commission of the City
of Clearwater, Florida.
PROPOSED ORDINANCE
AN':ORDINANCE LEmNG A TAX ON SALES OF FUEL OIL,
PROVIDING :FOR THE COLLECTION OF SUCH TAX AND
PRESCRIBING PENALTIES FOR TIlli VIOLATION OF THIS
O!1DINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARVIA~~R, FLORIDA:
Seotion 1. ~here is hereby levied by the City of Olearwater on each
~d every sale in said city of fuel oil a tax of one per cent per gallon, whioh
tax shall in every case be paid by the purchaser for the use of said city, to the
seller of said fuel oil at the time of paying the charge therefor.
Section 2. It shall be the duty of every seller of fuel oil to col~
lect from the purchased for the use of the city the tqx hereby levied, at the tim
of oOllecting the selling rpice charged for each transaction, and to report and
pay over, on or before the 15th day of each calendar month, untm the Treasurer of
said oity, all suoh taxes levied and colleoted during the preceding oalendar
month. It shall be unlawful for any seller to collect the price of suoh fuel
oil Without, at the same time, collecting the tax hereby levied in respect to suc
such sale'or sales, unless such seller shall elect to assume and pay suoh tax
without colleoting the same from purchaser. Any seller failing to oolleot such
. ..' tax at the time Of oolleoting the prioe of' any sale, where the seller has not
'. '\.;;~<:.;'";,,,:,.,.;.elec~ed to assume and pay suoh tax, shall be lilable to sr-Jid city for the amount 0
:y};i;;.f:;?>,{.!.":.,. o~~uchtax in like manner as if the same had been actually paid to the seller, a
~;:(iv;i':::~,:::i~),':~~d: t,~.Q1tY' Manag~r ot said oity shall cause to be brought all suits and aotions
.;!~::);,;;!:~X:;\:,:;\,~.e,;:~;?<~~.~,all prooE!ediDgs in the name ot the city as may be neoessary~. for the
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CITY COMMISSION MINUTED (con tin ued)
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recovery of such tax; provided, however, that the seller shall not be liable for
the payment of such tax upon uncollected bills~
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Seotion 3. Each and every seller of fuel oil shall keep reoords of
all sales in the City of Olearwater, and such record shall be open to inspeotion
by the duly authorized agents of the Oity of Clearwater.
Seotion 4. The United States of Amerioa, State ofLFlorida, . and
political subdivisions and agencies thereof are hereby exempted from p~ent ot
the tax levied by this ordinance.
Section 5. The term "fuel oil" shall include all petroleUm produots
delivered in bulk for heating purposes, ~xoept gasoliD$ and kerosene.
Section 5. For the pUEPose of this ordinance, a sale shall be consid
ered as being made in the City of learwater in every instance where fuel oil is
delivered to a purohaser residing within the limits of the City of Qlearwater, re
gardless of whether the residence or business office or headquarters of the selle
ers be located within the limits of the City of Clearwater or elsewhere.
Section 7. Any person, firm or corporation violating any provision
of this ordinance shall, upon conviction in the Municipal Court of the City of .
Clearwater, be puniShed by a fine not exceeding $250.00 or by improsinment not
exceeding thirty days, or by both such fine and ~prisonment.
Section 8. In the event any section, paragraph, sentence, olause
or portion or this ordinance shall, for any reason, be held unoonstitutional,
invalid, or ineffective, the same shall not repeal, nullify ot in any wise
affect any other section, paragraph, sentence ot portion of this ordinance. The
City Commission of said City hereby declares that it would have enaoted each
separate section, paragraph, sentence, plause ah4 portion of the ordinance,
irrespective of any other section, paragraph, sentence, olause or portion thereof
Seotion 9. All ordina nces and parts of ordinances in confliot here-
with shall be, and the same are hereby repealed.
Section 10. Upon its pAssage, this ordinance shall become effective
and applicable to bills rendered on and after July 1st, 1945, and up to and in-
Cluding bills rendered on June 30th, 1948. This ordinance shall have no further
force and effect after 12:00 o'clock P. M. ~une 30, 1948.
This ordinance passed and adopted by the City Gommissi6n of the
City of Clearwater, Florida.
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STATE ROAD DEPAR'llIf.ENT OF FLORIDA, TALLAHASSEE
Mr. Frank Cooley
City Auditor and Clerk
Clearwater, Fla.
Dear Mr. Cooley:
I am. glad to tell you that the Board at its meeting on J"une 11th, unanimOUSly
approved the taking over of Gult-to-BayBoulevard for maintaaanoe and the dis-
continuance of maintenance of Drew Street in the City of Clearwater as requested
in resolution of the City of Olearwater adopted at its meeting on May 7, 1945.
Assuring you it was a pleasure to cooperate in this matter and with kind regards
and best wishes, I am
Sincerely,
E. Elgin Bayless, Ohm.
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Oity Oommission Minutes
(Continued)
Atlanta, Georgia
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FEDKRAL PUBLIC ROUSING AUTHORITY
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The Housing Authority of the Cit~ of Clearwater
Clearwater,.Florida
Gentlemen:
You are advised that on June 20, the Aplllica tion for Allotment of Funds for Post
War Low Rent Eublio Housing submitted by your Authority was dispatched to the
Central Otfioe with our recommendation that it be included in the Post War Shelt
ot'Projeots~
Allril 27, lS45, the date when we were assured of the submittal and soope of
your applioation, was 1nseDted on the cover sheet re~laoing the later date as ino
olud~d in your final draft.
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Sincerely your,
Chas, L,. Levy
Asst. Director for Devel-
opment for the Direo tor
Region IV
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CITY COWiIVIISSTON MINi7TES " � `t
The City Commission met in Special Sessinn June 25th, 8 o+clock P.�+B.
in the City Iia11 with the following merabexs �resent:
� George R, seavy, Herbert �rice, ^a�er Zowe, �Tesse G. �ith.
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Absent: None
Ordnance #508 am.ending Ordnance �505 relatin� to fuel oi.1, was passed
on ii;s first xeading on a motion of P�r. Grice seconded by Mr. smith and passed on
its aecond and f inal reading on moticn oY Nir, Zo�e seco�ded by rdr. Stoutamire.
This �rdnance is set out below.
A�roposed Ordnanee placing a ta� on fuel oil�was nov�r read and upon
motion of Mr. �rice seeonded by �r. Lovre, the same w�s rejected. On the motion .
to reject Mayor Seavy voted in. the negative. This proposed ordnance is set o ut
belowo
It was moved by N�r. 5m.ith, seconded by Mr. Lowe, 'and carried that
Ordnance �509 relating to �as rates be passed on its Pirst reading. It was moved
by Mr. Lowe, seconded by LTr. Grice, and carried that Ordnance �509 be passed on �
i�s second an.d third reading. Mayor Seavy voted in the ne�ative on these motions
A letter Prom the State Road Department was read by �r. Hendrix wLich
stated tl�at the state Road Department at its meeting on May 7th, had approved �he
takin� er by the State the Gulf to Bay Boulevard ior maintenanee. This letter
. is set �,ut b�lotiti.
k letter was also read from the Federal Publie Housing Authority, a
copy oi which i� made a part oi these minute�.
City Attorney Richfzrds. r�,ad a rosolution concern3ng the holding of an
election as provideci b9 the la�r governing the operations oP the Gity �lnplogees•
Pension Plan. It �vaa moved by �ir 5mith secondea bg hir. Lowe and carried that
the Resolu�ion be adopted. Thi,s resol�tion is set flut belov�. �
� Thare 'being no .fi�rther business tu come before tk�e Board the
Meei;ing was ad jour•nsd. , , . .
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Mayor-Coxm3ssioner
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City �udi�or & Clerk.
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OR'JNANCE #508
AN ORDIVANCE AMENDING QRDNANCE N0. 505
^• OF THE C2TY OF CLEARV�;ATER ENTITL� "AN
ORDNANCE LEV�'ZNG A TAX ON SAZES OF GAS,
1�"�ATER, ELECTRICITY, FUEL QIL, AND 'I'EI�E-
�'HONE SERVICE, RPOVIDING T'OR THE COLLEC-
TION OF SIICH TAX, AND P�ESCRIBING PENALTIES FOR
F�R T$� VIOLATION OF T AIS ORDNANCE."
BE IT OR�it`.INED BY THE CITY COMMISSION OF 'I3� CITY OF CLEAR41,`ATER, FLORIDA;
Section 1. 2'hat all provisions of Ordnance No. 505 of the City
of �learwater which levy or attmept to levy a tabon �he sale of i'uel oi1 be and
they are hereby repealed. �
Section 2. This ordinance shall become effecti4e immgdiat�ely upon
its passa�e and adoption by the City Commission of the City of Clearwater, Florid
Section 3. Al1 ordinauees and parts of ordinances in conf lict here-
vvith be and thep are hereby repealed.
This ordinance passed and adopted by the City �ommission of �he City
of �learwater, Florida:
ORDII�7ANCE �509
AN ORDINAN�E ESTABLISHING RESIDIl�TIAL GAS RATES
FOP Ct95 �1�1`T''J'�.'ACTURED '�ND SOLD BY THE ?�SUPdICIPAL GAS
DE�ART�1'I�TT OF Tl� CITY OF CL�AR4VATER
BF` IT ORDAINED BY THE CITY COti'IDQISSI�N OF T� CITY OF CLEARVuAT�'R„ FLORI�A:
Ssction 1, That a]1 gas manufact�nred anci sold bg �he Munioipal Gas
Department oi the City of �learwater :t�1,1 �e charged ior at the Yollotving rates,
to-wit•
(a) F�rst 2,000 cubis feet .. e... . � 1,75 per 1000
(b) Next 1,000 cubis feet . . . . . . . • 1.25 per 1000
(c) Negt 17,000 cubic ieet . ..... 1.00 per 1000
(d) I�ext 5,000 cubic feet ..•. .. e .80 per 1000
(e) All over 25,000 cubic feet .�. .... .75 per 1000
(i) rdinia.um bill . . . . • • . . • • . 1.25
Beciion 2. Tha�t this ordinan�e shall apply only to gas Gold i'or
w►�at is laiown as domestic consumption i�cluding stores, offices, and resa.dences.
Section 3. This ordinance shall take ef'fect at '1K,:Ol A. M. on J'uly
lst, 1945.
Seeti�n 4. All ordinances a�.d parts of ordinances in conflict here-
with be and the sam2 are hereby repealed. ° •
TLis ordinance passed and adopted by the City commission of the City
of �learwater, Florida.
PR�POSID ORDINTANCE
AN ORDINANCE LE.VYII�TG A TAX ON SALES 0�+ I�UEL OTZ,
PROVIDING FOR THE COZI,ECTION OF SUCH TAX AND
FRFSCRIBING PENAI,TIES FOR TF� VIOLATION OF THIS
O=tDIIdANC�.
EE IT ORDAINED B'`r THE CITY CO:,�+liISSION OF THE CITY OF CLEARVJATER, FLORIDAc
Section:l. `lhere is hereby ievied �y the �ity oi �learwater on each
�nd ever;r sale in said city oP Puel oil a tax of one per cent per gallon, �vhich
tax shall in every case be paid Uy the purchaser for the use of said city, to the
seller af said fuel oil at the time of paying the charge therefo'r°.
Section 2. It shall be tba duty of every se:!.ler oi fuel oil to co1-
leet Prom. the purehased for the use oi the city the t�x hereby levied, at the tim
o�` coZl.ec+.;ing the �elling rpice charged for each transaction, and to report ancl
pay o�er, on or ?�efore the l�th dap of each calendar month, unto the Treasurer of
said oitg, all such taxes �evied and coll.ected during tne precPdin.g calendar
m.onth. It shall be unlawful for any seller to collect the price of sur,h Yuel
oi:L without, at thQ same timea collectin� the tax hereby levied in respact to suc
such sale or sales, unless such seJler shall elect t� asstune and pay s uch trix
without collectinb the same fram purchaser. Any seller �'ailing to collect such
tag at the time of collectin�, the price of any sale, where the sel.ler has not
elected to assume and pay sueh tax, shall be 1�able to srid city for the amount o
o� suc� �Gax in Zike manner as i� the same had been actually paid to the se].ler, a
and the City Manage� oP said city shall cause to be brought al1 suits and actions
and to take a,ll proceeding� in the n�e oi' the city as may be necessary�;,. fos the
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CITY COMMISSION I.IINtTTED (continued)
recovery oP such tax; provided, however, that the seller shall not be liable Por
the payment of such tax upon uncollected bills: -
Section 3. Each and every seller oP fuel oil shall keep records oP
all sales in tl� �it,y oP �learwater, and such record sha11 be open t o inspection
by the duly authorized agents of the �ity of Clearwater.
�eetion 4. The United States oP America, State ofbFl��rida,,and
nolitical subdivisions and agencies thereof are hereby egempted Prom paynent oi
t.he tax levied by� this ordinance.
Section 5. The term "fuel oi�." sha11 incZude all petroleum products
delivered in bulk for heating purposes, �xcept ga:soline and kerosene.
�ection 6. For the purpose oP this ordinance, a sale shall be consid
ered as being made in th� �ity oP �learwater in every instanee where fuel oil is
delivered to a purchaser residing within the limits of the Gity oP �learvrater, re
gardless of whether the residence or business ofPice ar heac�quar:ters oP the selle
ars be located within the limits of the City of Clearv�ater or elsewhere.
Section 7. Any person, firm or cr�rporati:on violating any provision
oi' this ardinance shal]., upon conviction in the Nlunicipal Caus.t of the C3,ty oP
Cl.earv�ater, be punished b,Y a f ine not exceeding �250.00 or by improsinment not
eYceeding thirty days, or by bo�th such fine and im.pr_sonment,
Seetion 8. In the event any section, paragraph, sentence, clause
or portion of this ordinancs sha11, for any reason, be held unconstitutional,
invalid, or ineffective, the same shall not repeal, nullify ot in any wise
aff ect an y oth er section, paragraph, sentence ct portion o£ this ordinance. T�;
City Commission of said City hereby declares that i� would have enacted each
sPparate section, paragraph, sentence, Elause and portion of tae ordinance,
irrespecti ve of any other. section, paragraph, sentence, clause or portian ther�oi
Section 9. Al1 ordina nces and parts of ordinances in conflict here-
v+ith shall be, and the same are hereby repealed.
�ection. 10. IIpon its p�ssage, this ordi.nance shall become eiieetive
and applicable to bills rendered on and after July lst, 1945, and up to and in-
cluding bills rendered on June 60th, 1948. This ordinance shall have no fur�her
force and effect after 12c00 o'clock P, I!R. June 30, 1948.
This ordinance passed and adopted by the �ity �om�ission of t�e.
Citg of Clearwater, Florida.
STATE ROkD �II�AR'.11�4�IEi�IT OF F'LOR2DA, TALL4NASSEE
Mr. Frarik Cooley
City Auditor and Clerk
�learwater, Fla.
Dear n�ir. Goole�r:
I am glad to tell ynu that the �oard at its meeting on June llth, unanimously
approved the taking over of Gult-to�Bay Boulevard for maintrnance and the dis-
continuance of maintenance of Drew Street in the Gity of Clearvaater as requested
in resolution of the City of �leaTwater adopted at its meeting on I�22ay 7, 1945.
Assuriug you it was a pleasure to cooperate in this matter and vrith kind regards
and best wishes, I em
Sincerely,
E. Elgin Bayless, Chm.
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City Commissio� n2inutes � ,
(Continued) �
. FEDHRAL PLiBLIC $OIISING AUTI30RITY
Atlanta, Georgia
The Houaing Authority of the Cit� of Clearwater
Clearwater,•Florida � •
Gentlamen: �
You are advised that on June 2Q, the Application for Allotme�it of runcls for Post
, �"7ar Low Rent Eublic Housing snbmitted by youx Authority was dispatched to the
Central Office with our recoffinendation tiiat it be included in the:Post Vdar Shelf
of Projects.
� Apri1 27, 1945, the date when we were assured of the su.bmittal and scope of
your applicati.on, was inse�ted on the cover sheet reglacin� the later date as inc
cludAd in your final draft.
5incerely ,pour,
• Chas, L; I,evg
Asst. Director ior Deve1-
opment for the Director
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