02/18/1946
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CITY COMMISSION MINUTES
F1ebruary 18, 194b.
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The City Commission met in 'regular session the evening of February 18, 1946
at 7:30 P.M. with the following members present:
Mayor-Commissioner George R. Seavy
Commissioners: Timothy Johnson
Jesse G. Smith
Ecrbert Grice
W. C. Wells
Absent: None.
'l'he meeting we s en lIed to order by h.ayor Sea vy and the minutes of the pre-
vious meeting were read uno approved.
The Cornmissjon at this tln1e expressed their very deep regrets At the recent
passing of formor co:mmissloner W. W. Peeler and requested the City Attorney to pre-
pare a proper Resolution or condolence.
G. T. McKernan inqu ired of the Boa rd whe ther permi ss ion could be granted for
..,/ a liquor store on the east aide of M:;rrt1e Avenue. The COIl".mission were in unanimous
consent that thls wou]d be out of bounds according to the present liquor zoning law,
therefore could not be granted.
Al Rogero, on behal~ of the Clearwater Tennis ~lub, requested a special
appropriation of ~1/500.00 toward the construction of two extra clay tennis courts
near the auditorium and the establishing of proper lighting facilities of all courts
conrH.l.}'\Y.leQ at thi s pla ce . 1Y~r. Rogero reported tha t the club wa s prepared to ra is e
:t;.500.00 toward this :fI"oject. It was moved b:,r 11,1'. Johnson, seconded by Iv'!r. Smith and
carried that this matter be taken up with the Recreation Board for thelr recommenda-
tion, such recommendation to be before the co~~ission at its first regular meeting
in M,a rch.
Nayor Seavy reported that the chairman of the Recreation Board wished the
Commiss:lon to consider the appointm€:nt of Jonn Chesnut to replace W. H. Tarvin on the
Recreation Board. lt w~)s moved by t\:r. Jol'lnson, seconded by lur. Wells and carr'ied that
IoiJr. Chesnut be a ppoin ted to fill out tIle unexpired term of Mr.' 'Tarvin.
City Attorney Richa rds read Ordinance 11516 i'cr the second and third tir..e.
This ordinance covers the bus franchise to' the Clearwater Transit Company and is
set out ih full below. It was moved by kr. Smith, seconded by Mr. Grice and carried
that Ordinance #516 be passed on its second 8nd f1nal reading.
A ]e tter was before the !Joard from t11e Finellas County Bever-age Association
requesting the right for' liquor st.ores to l'emain ODen until one (1) o'clock P.M. the
nights of each week day. Mr. Richards now read Ordinance #518 which granted this per-
missjon. It VIas moved by !\'r. Smith, seconded by l'.r. Grice Bnc c.al'l'ied that Ordinance
11518 be passed on it~ first readinF;. Mr. Johnson and Mr. WeJ1s voted agaInst the
adoption of tbis ordinance.
fused.
The app1icaU,on:-> of S. D. DavIs and Ed SjngletBr'y for' taxi licenses were re-
As pel' pr'evi ous advert:! sement, the City recei ved from Alfred Weiland a bid
of' 'jj-IO,OOO.OO for the purcIlRse of the parlr site at Seminole end N. Ft. Harrison Avenue.
This was the only bid received arc is set out below_ By unanimous consent the Conl-
mission rejected thio offer.
At the request of a petition set out below end -upon the reconmendat1on of
City Manager Hendri~ it was moved by.kr. Grice, seconded by fun Smith and carried
that the east and west nlley',on Block 25 of Belleair Subdivision be vacated except
as it may be needed for utility purposes.
A letter molS read from !i'rllnk Briscoe, secretar;y of the Civic Center- I\iernorial
Committee, concerninf.'; the use of' Coachman park south of tbe library.
City Manager Eendrix reported that he had recently written to three parties
loca ted in the south concerning a ma ster plan for the proposed wa ter' front park, but
as yet has received no reply.
It appeared tha t no action vms necessnrJ' from the Commissj on on the applica-
tion of Richard Warren to operate a fillinb station on Lot 5, Greenwood Manor, inas-
much as this property was at present zoned as a manufacturing district.
It was moved by Mr. Smith, seconded by Mr. Wells and carried that the -Resolu-
tion extendlng the pt'esent :Florida Power franchise unti1 September 7, 1946 be adopted.
This Resolution is set out below.
It was.moved by !vir. Grice, seconded by Mr. Smith and carried that the City of
Clearwater waive any and all rights and claims it may have incident to the ownership
and' 'ope ra tion of Drew l"ield.
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...l~l{}0,'::.':~J It a ppaa ring tha t Edith JJomer wa a in proee 55 of con 5 true t ing a tv/o- ea r garaga
~...j on Lots'l and 2 and the south one-half of Lot 31 Block 38, Mandalay Subdivision, which
i extended six (6) feet beyond the building line set by the Building Inspector and that
"<~ to remove the construction already finished, would cost approximately *350.00 and fur-
:1 ther that this mistake Vias due from 9 misundeJ'stur:dJ.ng. it was moved by 11or. Johnson,
1 seconded by NJr_ Grice and cnrl'jed that the bui1c.int; ~e be allowed to stand as pre-
I sently located.
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It was movpd by ~r. Smith, seconded by kr. Wells and carried unanimously that
angle parkin~ be rc-~stabljshed on Cleveland Street east of Osceola Avenue, the angle
to be used will be approxi~ate1y twenty-five degrees.
In a discussion of tho new frr;.nchj.se offered by the l"lorida Power Corper a tion
Commissioner Smith stated that in his opinion trle franchise was inadequate and inac-
ceptable. ~~ayol' Seavy ate ted that in his opinion the City Commission should expresa
itself one way or th" other on the question of municipal ownership end called atten-
ti6n to the importance of considering the pressing needs of the City for money for
needed improvements in dec iding Uds qnes tion; f'l1rther, tha t he was opposed to the acceptance
of the l"lorida Power COI'Poration offer.
It was moved biMr. Johnson, seconded by Mr. Smith that property owned by
the City boundf'c1 on t.he south by thp. Seaboard Hailway and on the west by N. Greenwood
Avenue and extending nOl't.h a~ f'ar as Eldridge Street ce zoned as a manufactuz'ing dis-
trict. Motion carried.
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There being no further business to come before the poard, the meeting was ad-
journed.
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Mayor-Commissioner .
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Cleo. rwa te;,.l' ~illo rida.
February J.3t.h, 1946
To .the City Commission,
Clea n/a ter, Florida.
Gentlemen:
Because of the increase in prices of all of the cOll1!Tlodi ties we purchase I as well .as
the very high labor cost, and becau~e of the fact our yearl~ profits depend upon our
earnings during the tourists' season, the Pinellas County Beverage Association hereby
,requests the right tq remain open for business until 1:00 o'clock A.1i. the night of
each week day.
We assure you that if granted this privilege that our- establishments wi1) be cleared
of patrons on the closing hour.
Ver-;l truly yours,
PII'\E1LA.S COUN'J'Y Bl!;VhRAGE ASSOClA TION
By (Signecl Wm. E. Dupper
Vlce President
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Alfred Weiland
February 14, 1946
Mr..:,F..L.. Hendricks, City lAanager,
Qi toy Hall, .
Clearwa terl E'lor1d'a'O
'D~~r Sir:
In accordance with your advertisement in la st night's Cl ear wat e1" Sun - "Notice
.sale of c1 ty owned 1a nd If ,_
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City Commission Minutes (Cont.)
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il F'ebruary 18, 1946.
(Alfred Weiland Letter Continued)
Please accept this letter' as my bid in the sum of :jj..lO,OOO for the tract of
.land at the corner of North l-'ort Harr:1son Avenue and Seminole Street which has a
frontage of Rpproximately 170 ft. on North Fort Harrison and Osceola Avenue, and a
frontage of 206 reet on Seminole Street.
Your ad makes no statement of request for deposit with bids. 1 do not know
the F'lorida law on tl-:1s and if' a deposit is requ:lr ed, please notify me by mail or
telephone (7274) and I wi 1) send you certifieq check fOl~ the amount required.
If my bid is successful 1 em prepared to pay cash at the time deed is con-
summated.
Very truly yours,
(Signed) Alfred Weiland
Address:
305 Spring Court,
CJe arwa ter, l;'lorida
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Clearwater, Florida
Pebruary 14, 1946.
The Hon Hugh Hendricks City ~anager,
Clearwa ter, Fla.
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We the undersi gned respectfully petition your Hon Board of C1 ty Com-
missioners to legally vacate the East-West alJ.ey in Block 1/25 according to
the map of the old Town of Bellea1r, except for utility purposes.
Yours very truly,
(Signed) Stanton Dowers
blizabeth bowers
Dudley Weidemeyer
Joseph Greenhalgh
Kenneth 1. Coppedge
Mrs. K. S. Coppedge
Annie B. Ba rry
brnest ~. Batchelor
R. b. Grubbs, Jr..
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Clearwater, Florica
January 30,' 1946
To Hon. Mayor G. R. Seavy and the City Commission
Clearwater, Florida
Re C i vie Center 1viemol'1a 1 building
Gentlemen:
Referrjng to your response, d~ted January 23, 1946, to this Committee's letter of
January 9, 1946~ a~d enclosures to Ma~or Seavy and the City Commission~ you state
their opinion to be that no development be undertaken or commitments made until a
master plan is developed and approved. We therefore request that the Commission give
fu~ther consideration to our project, and advise us the approximate date when a master
planner is secllred with Vlhol11 "We might confer, as such action is vital to the work of
our Committee "Which cannot function or go any furt:ber with 1 ts plans until it has
assurance of a location for tbe proposed Civic Center Building.
This Committee is ready is ready to cooperate with the City and the Plan-
ning Board and your early response and suggestions will be greatly appreci'.t ed.
Verj" truly yours,
(Signed) ~rank Briscoe
Seely
CIvic Center IV!emorial Connnl ttee
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RES 0 L D T ION
WHER.EI\.S, b~l Or>dinance No, 163 adopted liecenlber 29th, ~9 415, and electric
franchis~ was granted to J. ~. ~cC~ung and associates, which franchise is now held
by the l"lorida Power Co rpQra tioni and
WHEREAS, said franchise became eff'ective orl March 7th, 1916, and expires
on March 7th, 1946; and
WHEREAS, it is desired to keep said franchise in e1'fect pendjng negot~ations
for a new franchise;
NOW, TEEREPORE., BE IT RESOLVED bY !JIBE. CITY COMMlSSIO~ OF ~'H1 CITY OF CLEAR-
WA'l'EH, l"LORIDA, That the electric t'renchise now held by the F'lorida Power Corpora-
tion which expires on March 7th, 1946, be and the same is hereby extended end CGn-
tinued in full force and effect until September 7th, 1946.
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h E SOL ~ T ION
A RESOLUTION WAIViNG rUGlIT OF'l'RE CITY OF CLEARVlATBR,
FLORIDA, ~'O ACQ,l iIHE DllliW B'IELD IN H1LlSLOROUGH COUNTY"
F'LOhItiA, llNDEh SUHPLUS PROP1F\TY REGULA'l'lONS 01" THE
UNITED STA TES' GO\i'ERNI.'iEW.P.
Wl1EREAS the Ci ty of 'l'mr.pR, l:<'loridf.l, has requested the Ci ty ot' CIeerwa ter
to waive its rights to acquir'e Drew }<'ie]o t'rom the United States Governnlent under sur-
plus property regulations; and
WHEREAS Drew Pleld is located in Hillsborough County, j;t'lorida" 9nd the
City o~ Cloarwater as an adjoining municipalit~ has no interest in the acquisition of
said field, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY CO~~lSS10N OF THE CITY OF CLEARWATER, FLORIDA:
Section 1" That the City of Clearwuter does hereby waive all of its rights
to acquire Drew Field in ,Hillsborough County, Florid~ as 6~rplus property under Govern-
men t regula ti ons, in 1'a VOl' 0 f the (;i t~i' of TEl mpe, .l'l orida .
Section 2. That a certified copy of tbis Resolution shall be furnished to
Hon. Curtis Hixon, lw"a'Yor of the (.,it~T of Tampa, l"lorida.
PASSED by the City Commission of the City of Clearwater, Florida, on this
the 18th day of' .B"eb., A.D. 1946.
(Signed) Geo. h. Seavy
Mayor-Commissioner
ATTEST:
(Signed) Frank Cooley
City (;lerk
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City Commission Minutes (Cont'd)
!<'eb. 18, 1946
OIillINANCE NO. 516
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AN OHDINANCE GRAKTING TO CLEARWA TE.H ~IRAKSIT, INC.
TEE AUTEORITY, RlGIl'l' AND PIiIVILEGE TO ESTABLISH,
~lAINTAn! ANt- on. RATE .6. EllS TRANSPOHTATION SYSTEM
IN 'l'HE CITY OF CLE:AR\'iA1'1H, PLOhlDA1 i"OH TEl!.
TRAl'JSPOHTATION }'OH FLEE Olil Et\SSENGERS ANL .FIXING
THE T1HMS AJlllJ C'.:NDITIONS O}' SUCH GRANT.
BE IT ORDAINED BY THE CITY CDrf:Ml:::>::>ION OF 'rHE CI'IT 01" CLEARVJA'rE.H, f'LORICA:
Section I
DEF1Nl'l'IONS
"TRAi\SIT", whenever 'used in thl s ordinance shBll be deemed to mean Clearwater
'l'ransit, Inc., a PlOl':1da corpon.tion, with its principal p1D ce of business in Clear-
wfJter, l"]oJ''lida, to whor.1 is herein granted the franchise, autlJol'ity, right or pl'li_
vilege to establish mnint~ n and operate a tus transportation system in the City
of Clearwater, ,l<'}cPidu, for the transportation for hire of passengers.
"CITY", whenever used in trd s ord ina nee shall be deet: ed to mean the vi ty of
C1earwaterl Florida, a munlcipa 1 cOl'porHtion, find when used in reference to area shall
include not only the present corpol~te limits of said City, but such corporate limits
as t.hey ma~T be her'eaf'ter extended, and such adjacent tRrrj tor~l as may, for the purpose
of this ordlnfflce, come under the jurisdiction of said "City".
"STREETS", whenever used in this ordinance shall be deemed to mean and include
all the public highways, streets, alleys, bridges, public traveled areas and other pub-
lic wa.ys 1ncl.uded in the corporate limits of the City of CleHrwuter, !'lorida, as the
same now exist, and as they may be hereafter extended, together with such adjacent
territory as may, for the purpose of this orc.inm ce car..e uncleI' the jurisdiction of said
"City",
Section II
NA rrl:BE Oi' GRANT
The authority, right and privilege is hereby granted to Clearwater' Transit, Inc.,
fer and in consideration of 1 and subject to, the conditions agreements and privileges
hereinafter ~et forth, to establish, wlintain and o~rate over and upon the streets of
the Ci ty of l-lea rw~ t~r, Fl 0 ric1a, 9 motor bus transporta tion sys tern for the t ra nsportat ion
of passengers for hire for a pp]'iod of fourteen (14) ~ears comrrenclng on the efrective
dB te of tr..i s oy'd ~ nance.
Section III
Regular motor bus transportation service pursuant to the grant aforesaid shall
be established, oper9ted and r( gul~rly maintained ovel' and upon definite routes in the
"Ci ty" so a s to adequa tely serve the tra ve 1:1 ng pub 1 ic of the "Ci t7r " a s the publi c con-
venience and necessity may require, and "Transit" and thA "City", prior to the com-
mencement of operations under tl'is ordinance, shall ai.~ree as to the routes over which
said motor bus transporution service shall be establi~~ed.
"Transit" shall establish new routes and provide additional ecp ipment as the
same may be needed in OI~er to maintain safe, adequate and efficient transportation
service for the "City", subject to the provisions hereof.
"Transit" may, upon its oVJr initiative from time to time, provide safe and
re~sonable experimental routes over whicll it may oper8te its bus transportation service
for a period of time not to exceed ninety (90) days upon ten (10) days written notice
given the "City", such notice to spec~fy the route to be ope~ated, the time of the
commencement and te rmina tion of' su ch experimental servic: e. l.f from the e'xperience of'
any such route or routes serves the public convenience and necesRity of the citizens
of the "City" in the area affected, and that the continued oIE ration over such route
or routes will afford a reasonbale return to ItTransitU, thereror, the operation of
such route or toutes shall be considered as establisled routes and subject to a-
bandonment, modification 01' alteration only as provided herein in respect to establish-
edroutes. The determination of whether or not any such route or toutes shall serve
the public convenience 3nd necessi t~{ of the citizens of' the "Ci ty" in the area affect-
ed, and afford such a reasonable reb-,rn to IIT1'lansit", will be made by the mutual con-
sent of uTransit".and the "Citylt.
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Any estanli~ed route reay be changed, modified or abandoned by mutual consent
of the Ci ty Cornmiss:!.on and "Transi tn, and aeditional establih ed rcu tes may from time
to tjn:e be provided by like mutual consent. "Transit" may change, modify or abandon
any established route, provided that a written notice of its intention to do so, con-
taining a description of such proposed change, modivication or abandonment, shall be
served by "Tl'ansit" on the "City" at least twenty-one (2l) daysprior to the day on
which such change, modification or abandonment is proposed to be made effective and
published in a'newspaper regnlarly publis1ed and in general circulation in the i.City"
once a week for two consecutive weeKS prior to said proposed effective date. And such
action BS taken by "Trar..sit" shall be valid" proper a.nd effective, and the "City" shall
be presumed to have concurred therein, unless the City Commission shall, after receipt
of such notice and prior to the date on which said proposed change would be e~fective
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C1 ty Commission Minutes (Cont' d)
B'eb. 18, 1946
GRDlNANCE NO. .516
(Cont'dJ
notify "Transit" in writing Ulat it disapproves of such proposed action. "Transit.I' shall
not be requ1:r'ed to operate over any establim ed route urless all of the operations of
"Transit" in the "City" shall afford, or show a reasonable prospect 01' affording, a fai l'
and reasonable return on the cost of such operations.
If the "City" and "Transit" cannot agree as to whether or not said op rations
will at that time or within a reasonable period of time produce a fair return upon the
investment necessar:i for the op' ra tion thereof, the same shall be submltted to arbitra-
tion as provided 1n Section XVII hereof, and the said Board of Arbitration in making
i ts findln~s and de cisi on of the qU€lS t 1 on 1 n oi spu te so submi tted to theI:: for rle ter-
mination sh.Q11 cnnsiuc;r' (1) thf' e.fflv::; t.hnt; such operation has or mo:! have upon the :'afe-
ty 01: the tra vel ing pubJ:t c A nd the c 1 ti zens of the loea li ty a ffee tAd, (2) the no t:ure
and condition of the streets of such route, (3) the effect that 811Ch o~ration hilS upon
the .needs of the traveling public nnd the' locnl1ty of the (,;:l.ty Il ffected, and (4) the
length of time that "Transit" l1o~ oxercjsed its rjghts Hnc1 operated its lmsiness uncleI'
this franchise, giving due weight to th(~ prohal)ll! t~' of a natl.n'al lo~s to "Transit"
fI'om its operations 01lrinh the lnita:.. yenrfl of t.Lls franchise.
"'1'rnnsit" mfj~'. at any time pr'ovide for the transr.or~)iion of special. chsrter par-
tjes or excursions between Any two points in the "City I without bein6 required to fol-
low such established route or' routes.
Section IV
SEPAHArr .LON 01,' HACES
"'1'rans1 t" shall malee and enforce 1'en sena b1 c r'Jle S !:JDd regula t ions prov.1 d j ng
for the segregation of the human race ....hen more tban one race is transpoI'ted on the
same bus; unless makln~ And enforcjng the BHrne are declared illegAl, by a court of
comp~tent jurisdiction.
Section V
SCEED1:LES
'. I"
Schedules of ope~tjon shall be such as may be required to Bccomodute the rea-
sonable needs of the traveling public over the respective routes established. Definite
schedules shall be agreed upon by "Tr::msit" And the "City", and may be changed at nny
time by mutual consent.
Section VI
EQllIPMEl'!T
All buses to be operated under this grant and authority shall be kept in good
mechanical order and attractive in appearance. tlTr~-lnsit" shall st all times during the
ope retion of sal d motor bus tral!sporta t.lon system, under this franch:tse, use e suffi-
cient number of buses to carry out its agreed schedules. All buses shall be properly
equipped witb modern safety appliances. If "Transit" desires to commence regular opera-
tions on sched;lles before buses are availa1Jle, it may te1!lpor~-lril~r operate private cars
or tax.i cabs in lieu of buses. However, any private cars or taxi cabs so operated shall
be distinctly marked to show tru-l.t they a re running on regular schedUles in lieu of buses,
and the use of private cars and tax.i cabs shall be discontinued as soon as buses are
available in wfficient number.
SectIon VII
FAltES
The fares to be charged bjr "TransitU shall be uniform, just and reasonable,
and shall be such as will provide a fair and reasonable ret'..lrn on "7ransit"sU investment.
.b.l1 :fares shall be subject to approval' and reguJa tion by the "City", and no schedules
of fares sha.ll be effective until ap;-;ro"..led in writinG by the Cit'jT !tlanager. However,
"Transit" may at any time by special agreement or ~ntract provide for the transpor-
tation of special ch8r~e~ parties for excursions at such rates and charges as it may
deem advisable and without the approval of the "City".
All police officers and: firemen in unifonn shall be furnished free transports tion.
Section VIII
MAIL ANL NEWSPAPERS
If it so desires, "TransitU may carry mail for the Government of the United States
in and upon its buses, as well as newspapers t~ be del:l.vered at any point on its routes,
but such delivery service shall in no wise interfere with proper and adequate passen-
ger service.
Section IX
STOP ZONES A1~ BUS STOPS
'llhe '''Cl ty" shallpe rmlt the esta blishenfent of reHsonbale stop zones along the
. esbabli'shedrout es' of "Transit ", for the p1.1rpOSe o:f 'enabling 1I'l'ransi t" to take on and
discharge passengers with safety and dispatch; such zones to be on the right of the
~_I:,...<:>:..,;'~.,CO\2I'Be in which buses of "Transit" are operated and adjacent to the street intersection
""";~~{:!F;;>:aj:i. the far end of the desIgnated blocks. Any marking of such stop zones shall be. done
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OlIDINA-NeE NO.
516 (Cont'd)
by tho "City" but any pedestal or other signs designating such stop zones or bus stops
shall be made or erected and maintained by "Transit". II'he "City" shall prohibit
other vehicles from obstructing any stop zone or interfering with the ope~tions of
"Transit" thereIn or at any bus stop. All regu~ tions under this sectlon shall be un-
der thp, a bsol ute c ont rol of the "City".
Section X
PR1VILEGE CHARGE
I,lor the pri viI ege 0 f opera ting the se rvice provided herein, "Trano i tit agrees
to pay to the "City" a sum ~qual to two per cent (2%) of its gross receipts derived
from such opora t: ons, regardless 01' the socr ee of such I'ece ipts or for wha t servi ce
rendered, such charge to be in lieu of all other city taxes of whatsoever kind or'
nature, except that nothlng herein shall be construed to prohibit the "City" fI'om
levying any general ad valorem tax upon the property of "Transit" not otherwise pro-
hibited by law. 111e said charge Rholl be payahle on or before the 30th day 01' each
month for the prevIous month's operations. "Transit" shall keep a special set of
books showing all revenues derived from operation of bus lines under this franchise,
and the "City" shall have access to its books and records at all times for the purpose
of determinging the gross receipts und the charges to be p8.id the "City" based thereon.
The term "groBs receipts" shall include all revenue derived from "Transit's" operations
within the corpor9te limits of the "Cit71TII B.nc~ shall not be considered to refer to any
earnings by vir.tue of operations beyond the city limlts. In computing gross receipts,
all revenue that originates in the "Cit.S" shall be considered as derived from its
operation therein. Any revenues that originate outside the "City" shall not be
considered.
See tion XI '
Oli'.F lCE
At all times during the continuance of this fr~nchise, "Transit" shall keep
an office in the City of Clearwater, Florida, and its books and records relating to gross
receipts shall be kept in such o1'fice. Providinr, furthE'r tha t "Transi t" will, upon
ten (10) days notice served upon it by the "City' produce for examination by the
"City" any additional records kept by "Trqnsit~ in any way dealing with its bus opera-
tions in the "City".
Section XII
DAN.AGE TO STREETS
"Transi t" i'urther agrees to promptly make pajnnents to the "City" for all damages
done or caused to the streets and other property of the "City" caused by the opera-
tion of "Transit's" vehicles, reasonable wear and tear excepted.
Section XIII
PROT3CTION
The 'fCi tylt shall not compete w 1 th "Transi t" in its opera tions her,eund~r and
shall, insorar as its corporate powers exist, by ordinance duly enacted, prohibit inter-
ference and competition from motor bus lines, jitney operations and taxi cabs not
operated from regular stsnds, or other competing types of public transporation Wich
would tend to interfere with the efficient and economic operation as a whole of the
transporation system herein provided for.
Section XIV
COMPLIANCE ~lTH GE~ERAL ORDINANCES
"Transit" in its operations shall be required to comply with all gen'eral
ord"inances of the "City" now in effect or hereafter adopted for the reguJa tion and
control of' motor vehicle traffic.
Section XV
NOTICES
Whenever by terms of this ordinance notice is required or penn itted to be given
either by the "City" or by "Transit", it may be given by registered mail addressed
to, or by persona 1 deli very at the office of "Trans it U in the Ci ty 01' Cle a rv.s ter, l~lcdda JJ
or the office of the City Clerk in the City Hall, Clearwater, ~lorid~ and to each
City Co~~issioner at his business address, as the case may be.
Section XVI
INS lJRANCE
"Transit" shall at the time of the commencement of its operations hereunder and
continuousl~ during such operations:
1. At its own expense, carry and maintain insurance against public liability and
pro:perty:ds1l18.ge with reasonable and adecpate limits in responsible insurance companies
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Feb. l8~ 1946
ORD.1.NANCE NO.
~Cont'd)
516
authorized to transact bU31ncss in t.he State of J!'lorida~ to be mutuall-y agreed upon be-
tween n1~ansit" and the "City".
(a) With the consent of the City Commission of thA "City" f\.1rnish a surety bond
in the fOr!l1 llnd with surety or surElt.ie~ to be npproved by the said City Commission, con-
ditioned to make uprornpt payment o~ all callI's for p0rs0nal jnjuries or property damage
caused by "Transi t 's" oper~j ti on 9 Imd for whl ch IIrrrAnsl t" nIB y be Ua ble; or
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(b) With the consent of the City Commission of the "City" act as a self-insurer
against such hazards, in whi ch evorlt "rrran~i t" shall furnish thc "Ci ty" satisfactory
evidence of its ability to meet all claJmR for injuries to persons ond property rea-
sonably anticipated in the ordinary course of bu~ncs8, for which it may be legally
liable.
Sec tion XVII
AHB lTRA 'l'lON
In the event the"Clt~l" and "Transit" shaD be ur'\able to agree in respect bo any
matter arising hereunder, the subject of disagreement s}Jal] be referred to a Board of
Arbitration to be selected in thA following manner; 'l1:1e "City" shall select e person
in no wa'Y connected with the government of the "Cit~T" and "Transit" shall select a
person in no way connected with it~ ond these two shall select a third person in con-
nected with the (:;overnment of the 'Cityll or with lITrBnsit", such three (3) persons to
compose the said Board of Arbitrgt10n. It is hereby expressly agreed that the finding
of the said lJoard of Arbitrat10n shell be final upon all isst;es of .fact so submitted
to the boa ro and tha t the expens03s of sa id. arbi trD tjon, including the expenses o.f the
Board, shall be certi f:i ed by j t to both pa rtie sand sha 11 be paid by "Transt t". Such
expenses sha]l not include any allowl1nce for fees for attorneys or experts for either
party.
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Section XVIII
l:'ORI"EI'l'URES
The authority end privileges grsnted hereunder shall at the option ot: the "City"
be subjec t to forfeiture upon the fei hU'fl ~ nd refusal of "Trar.si t" to comply with any
of the terms hereof', And shall partlculBrly be subject to forfeiture in the event
that regular bus service under th:is franchise is discontinued .for a period of sixty
(60) da ~8 or more. Provided, however 1 tha t the "Ci ty " sha 11 gi ve "Transi t" not le S8
than thirty (cO) days notice of its intention to exercise its sald option, such notice
to specify th~ defBult complained of, during which tj.me "Transit" shE\11 'be aJlowed to
correc t such d.~t'a 1 t J in which even t no forfei ture may be declared.
Section.XIX
OPTION TO PURCH~SE
At the expira tion of' the term of t:hj s franchi se, or upon a forfet ture under the
provisions of the preceding section, then and thereupon the "City" shall have the right
and option to purchase all of "Transit's" equipment and property used under or in oon-
.nection with the franchise or right herein and hereby granted, or such part of such
equipment and property as the "el ty" may desire to purcha se i and in the event that. the
"City" exercises its optjon herejn granted, then the valuation of the property and
equipment that the "City" desires to purchase shal1 be fixed b"jT arbitration as pro-
vided by ltaw.
Section x..'{
iNDEMNITY
I'TransitU shall hold the "City" harmless against an\{ and all liability, loss,
cost, damage or expense which may accrue to the said "City I by reason of the neglect~
default or misconduct of "Transit" in connection with its rights hereunder. Nothing
in this ordinance shall be considered to mal\:e the "City" liable .for damages on account
of any negligent act of omission or commission by the servants, agents or employees
of "Transit" during its operation of its transportation services, either in re.spect
to persons or with respect to any property damage wtlich may be substained.
Section XXI
ACCEprpANCE
This grant and aut~ority is made upon the condition that "Transitl' sha.ll .file
with the City Clerk of the City o.f Clearwater, written notice of the acceptance of
the same within thrity (3~) days after the effective dDte of the passage of this ord-
inance, and when such notice ot' acceptance is filed, thls ordinnnce and the accept-
ance shall consti tute a contract between the "Ci ty" and t1'l'rar.si t" for all the uses,
services, and purposes set forth herein.
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Section XXII
REMOVAL 01". EQ1;IPMENT U.PON EXPlRATIO"N
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f';~~{;{),..;~';q ,/'. .'. . Upon the expira t1 on o.f the term of this franchise or upon a t'orf'e1 ture thereof
i;;;;\;'/,::;.,;.>:as'prov:!.ded in Section XVIII of thi s ordinance "Trans! tit agrees tha tit will promptly
. (;;'.~:~~;i,"::cease'1ts operat~ ona under this franchise and wl11 promptly remove from the streets
:::j::,:(~;'?:~::'o'f.the,'UC1tY'1t811 of its property and ecp.ipment u'~lessthe "City" shall exercise the
'!~.'\:~~~:'pptJ()p.,and right reserved herein to purchase said property and e<pipment as hereinabove
;;::~p.~~Y:~~~Cl?:1n' Section XIX hereof. .
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Feb 18, 1946
ORDINANCE NO.
516 (Cont1d)
Section XXIII
SEPARAEILITY
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Each section of this ordinance and each part of each section 1'8 hereby dea:la.red
a separable section, or part of section and the holding of any section or party there-
of, to be tIDconstitutlonal, void, 1l1ega], inoperative, or contrary to the laws of
the State of .I;"lorioa for en":1' reBson shall not affect any other sect10n or part of
tl',js ordinance, it toeing the express intention of the L1ty Commlssjon of the City
of Clear\'Jater in passing tl'js ordinance that each part, section or provision hflreof
shalJ 'be given full force and effect :lndeper.dent of any other part, sectlon or
provjslon.
Section XXIV
REPEAL
That ordinance # 488 13 hereby fully repealed and all other ordinance or parts
of ordinances in conflict herewi th are to the exter,t of such conflIct hereby repealed.
Section XX.V
This ordinance shall tal<e effect Lnmediatel~l upon Itfl r,assage and adoption by
the Cit.y commission of the Ciity of (;leBI'water, Florjda.
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GTTX COPriMISSION M�IZTTE3
F'ebruary 18, 1946 ,
• `1'he Citg Comm3ss3ori met in"regular sesaion �he evenin� of February 18, 1946
at 7t30 P,M, tivith �Y�.e #'ollowing members present:
PJ:a�or-Cormnissioner George R, Seavy :
,' Corrunissioners: Timothy Jo'nnson
Jesse G. Smith
Iierbert Grice
1V. C. Wel1s
Absent: None. ,
The meetiz�g was cr�lled to order by Irrayor Seavy and tihe mir�utes of ths pre-
vious meetin� were read and approved,
`3.'he Commission at this time expressed their very deeD regrets at th� recent '
passing of former commissioner YV. W, t'eeler and requested the City Attorney to pre-
pare a proper Resolution of condolenee.
G. T. IJIcl�ernan inquired of the Board whether permission could be gra�ted fo,Y�
�' a].iqur�r stbre on the eas� side of Iriyrtle Avenue. The Comm�ssion were in unanimous '
r.onsen� that this would be out of bour.ds aecording ta the present liqnor zcnin� �ew,'
therefore could not be granted. •
Al Hogero, on behalf o�' the Clear���ater Tennis �lub, requested a special
apprapriation of �1,500.00 to�aard the construction of two extra clay tennis courts
near the auditorium anfl the establishing of proper lighting facilities of all courts
�nnn��=+ripd at this�plac.e. IvTr.. Rogero reported thai, the club was prepared to raise
�.500,00 toward this iroject. It was moved b, nLr. Johnson, seconded by P+ir. Smith and
carried that this matter be taken up with the Recreation Board for their recommenda-
tion, auch recemmendation to be before the commission at its first regular rleeting
in P�:arch.
N:ayor Seavy ?�eported that the chairman of the Recreation Borard �vished the
Comm9.ssion t;o consider the appointment of John Chesnut ta rep].ace �Y., fi. Tarvin on tLe
Recreation Board, It was moved by B:r, Jo�son, seaonded bg Llr. Veells and carried trat
N�r. Chesnut be ap�.aointed to fi11 out tha .zinexp'ired ter-m of Lfr;` �arvin.
Qit� Attorr_e3T Richards read Ordinance �516 icr �Yie second and third ti�e.
This ordinance covers the bus franchise to�the �leas�vater Trariszt Compan.y and is
s�t out i'n full below. Tt was moved b� T��r. Smi th, seconde� Yay 1YLr. Grice and carried
that Ordinance �`516 be passe3 on its seaond and ."inal reading.
A le tter was before the �oard irom �1-ie PinEllas County Beverage �issociation
rsnuest?n� the ri�ht for liguor stores to remain o�en until one (ll o�clock P,P�. the
nights of eacYi week da�. �fr. Richarda nova read Ordinance �518 yv:�ich granted t��s per-
miss5one It vras moved bg i+•r, Smith, seconded b� iyir. rr�ce and carr3ed that Ordi_iance
#518 be passed on its first reading. Ivir. Joi2nson. and i+'�r P�e11s voted a�ainst the
adoption of tl�is ordinance.
r
The app].ications of S. E. Davis and Ed Singletar� far taxi 1.icenses v�rere re- '
fvsed.
As per pret=ions a'dvertisement, the �itv rece3ve@ from A7.fred Y�eiland a bid
of ypl0,OQ0,�Q for the purchase of the park si�e at Seminole and l, Ft. ftar•rison Avenue,
Th3s vras the on�g bid received az�d is set out belowe Eq unanimeus conaent the Gom- �
miss3,an re;;ected this offer.
i
At the request of a petition set out below and �upon the reco�unendatior_ oi' �
City P,ianager Y:endrix it was maved by.i�.r, Grice, secondad b�f Iv;r. 8mith and carr�ed
that the east and west allsy:o3i Slock 2'5 of' Belleair Subdivision be vacated except
as it may be needed for utility purposes, '�
7
A 3ctter was read from Frank Briscoe, secretary of the Civic Genter niemorial
CommittPa, cot,^ernin� the us�e of CoacYu�isn park soutn of t�e library,
City Manager Hendr3x raported that he l�ad secently vrritten to three parties `
located in the south concarning a ivastar plar_ for the propased �rrater iron-� park, but
as yet has received no reply.
Tt appeared that no accion v�as necessarg from �he Commission on �he applica-
tion oi' Richard '+ti'arren to operate a filling station on Z�� 5, Greenwood P+!anor, inas- ,, {
much as this propert� was at present,zoned as a manufacturiilg district.
It was moved by Nr. Smitl�, saconded by iuil. YJ�11s and carried thst the •Resolu-
tion ex�er_di.n� the �mesent Florida Power f.ranchise until September 7, 1946 ba adopted.
Tk�is Resolution is set out below. '�
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Tt vras�maved by Nir. Grice, secondsd by lYTr. Smith and carried that the Ci�y of j
�learwater w�aive any and all ri.ghts ar.d claims it may k� ve incident to the ownership �
ar�d operat3�on �f Drew P'ield.
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T�t appearing that Edi�h FIomer was in process of cons�ruct,3ng a two-car garage
on Lots `1 and 2 and the sotltr one-half of I,ot 3, blacl� 38, I�'landalag Subdivision, �vh,ich
e�tended six (6} fee� beyond the builCin� li+ze set by the Bu3,].d3.n� Inspector and that
to remove tha construct3on alreac�g i'inished, tivauld cost appraximatea:y �3�Q.OQ and fur-
tlier that this mistake was due frG:� r� misunderstanding, it was maved by I�lr. Johnson,
seconded by Ntr. �rice and cArried that tY;e builair�g � be aSlatved to stand ae pre-
ssntly loc�ted.
It was movsd by h.r. Smith, secanded bg I�r, 1Ye�,ls and carr�.ad unanimousl� �hat
an�le parkin� be ro-establisheci on Cleveland 5treet ea�t of Osceola Avenue, the angle
to 7�e used will be ap�roxirr:ately twenty-five degroes.
In a discussion of the new fr�;r_chise affered by the F'lor3da Powar Corp�at�3on
Commissioner Smith stated that in his o�inion the frarchise was inasiequate and inac-
cepiatale. �liayol° Seavy stated �hat in his opinion the City Commission should express
itaelf one wag or the bther on the question oi' municipal osvnership ana called atten-
tion to the importanee of considering the pressin� needs of the Citg £or mone� �or
. needed iLnprovemsnts in da�id�ng this question� .fur�her, that he was opposed to the aecep�ance
of the Fl��rida Power Corporation offer.
=t w�s moved bg h:r� Johr_son, seoonded by Nir. Smith tnat propertg ��vnecl by�
the. City Uounded on the south by tihe Seabaard Railway and cn the wes� by N. Greenwood
_Avenue and extendin_g �aoxth as far as Eldridge Street be zoned as a manufacturing dis-
trict. Niotion carried.
There being no i'urther businass to come before the poard, the �eeting was ad-
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C1�y Commission Mi�utos (Cont.) "� Febxuary 18, 1546,
(A1i'red Weiland Le�ter Continued)
Please acc�pt this �ette� as my bid in the sum oi` �10,000 for the tract of
land at the corner of North F'ort Harrieon Aver_ue and Semir_ole Street which has a
frontagQ of apXmoximate].y 170 Ft� on North Fort Hs:rrison and Osceol
#'rontage of 206 feet on Seminole Street. a Avenue, and a.
Your ad makes no s�atEment of reques� i'or deposit with bids. I do not kr_ow
the F7,orida law on tY:is and 3f a deposit is requir ed, please notify me by mail or
telephone (7274) and I will send you ceri;ified cheek for the amou.nt requirecl.
If my bid $s success#'ul I arrz prepared tQ pa� cash at the time deed is con-
sw�w;ated,
Very ts�uly yotzrs,
(Signe�) Alfred tiVeilar_d
Addresst � , ,
305 .5pring Court,
C]e arwater, Florida
�ourned. Clearwater, F7�orida
• February 14, 1946.
� T1�e Hon Hugh Hendrieks Gity T�ianager,
Clearv:�a ter, Fla,
�
' h7s�or-Co�nissioner
We the undersigned respectful.ly petiticn qo�zr Hon Board of �ity Cam-
C�j'2����� missioners to legally vacate the East-lyest alley in Block �2� according �o
iy� the map of the old ToNn of Bolleair, e�€cept for utility purgoses.
uditor and Clerk y . Your� very truly,
` . . (Signed} Stan�on Bo�*ers
�
�lizabeth �owers
.... .... Ih�dley Vrei�en�eyer
• JosepY�. Greenhalgh
' Iiennet� I. Coppedge
Glearwate*�, rlorida. ialrs. I�, S� Coppedge �
� Februarg 1��h, 1946 Annie B. Barry
�rnest F. Batcheler
� �t, B. Gruhbs, Jn. .
� To the Cit�v Cammisaion, 5
C1ear:��a uer, rlorida. ; _ .
Gentlemen• . . , . . . . . . . . .
iBecause o#' the increase in grices of all of the commodit3es we purchase, as we11 as Clearwater, Florida
i, the ver•y hi�?h_ labor cost, and because o�' the fact our yearly profits depend upon our Januarf 30, 1846
earnings during the tourists' 3eason, the yinellas Gountg Bave'rage Association herab�y
j requests the ri�ht ta remain open for business until 1:00. o'cloc'<c l�.Ni, the night of To Hon. Mayor G. R, 5eavy and the Gitq Co�nis�ion
} each v,eek day. ' Clearwater, Florida
€
` We assure you that if gran�ed tY�is privilege tha� our establishmen�s will be c:leared ' Re Civic Center ivlemorial �uilding
! of patr•ons on the closir.g hour.
. Gentlemen:
: Ver� i:.ruly yours„
Referring to qour response, a�tea JanuArg 23, 1946, to this Committee�a lettar oi
PIIA;LLT�A.S ,COUNR'Y' BEVERAGE ASSOC3A TION Januarg 9, 1946, and enclosur�s to I+fia; or Seavy and the CitS Comu�ission, qou atate
their opinion to be that no development be undertaken or conunitments made until a
Bg fsigned YJm. E. Dupper master plan is developed and approved. YJe therefore request tY?at the Co�mission give
further consideration to our project, and adviae �;s the approsimate date vrhex� a master
� Vice President pl�nner is secured with v:hom we might confer, as such action is vital to the work o,f
;' our Gommittea which cannot function ar go ang further �vith its plar_s until it has
k assurance of. a location for the proposad Civic Cen:ter �uilding.
� ............... . ...... .
� .. This Committee is readv is ready to cooperate with the City an� the P1an-
; , Alfred VJei].and nino Board and ,your early response and suggest�ons will be greatlg appre-�i� �d.
t .
Februar� 1�, 1946
� IvZr. r.L. Hendricks, �ity Manager,
Very truly gours,
! Citg Ha11, �Signed) N'rank Eriscoe
�le arvrater, Florida . ` Sec t y
� � • C�vic Center Iv.emarial Committee
Dear Sirr . _ .
In accordar.ce with your advertisement in Iast night's ClEarwat er Sizn -"Notice
o£ sale of city owned 7.and",-
_ r.
�,
i
' ;
_ M...,.,_.. : _.._ __�_. _ .,�_,�..__.,._ _�_... �. . �_.:._.._._ _:-�.,,...�,_._.�'
�� -
�p�
� . R E 5 O T, U T I O\T
VJIiEREAS, b� 0�3nance No. 163 adopted Uecember 29�h, 19415J and electric
franchise was �r�anted to �7. N. h'+cClnng a�nd associates, which franchise is now h�lu�
by the Flo�,�ida P��er :GorpQration; and
wTiEEi�AS, said franchise beca�e eff�etive on I�arch 7th, '�9�6, anct sxpirss
on March 7th, 1946; arid �
WHEFiEAS, it 3s d�sirad to kaep said i'ranchise in effact pen�ing ne�otiat3.ons
�or a �ie�v frat�chise;
N01Y, TH_EREF�Rx', BE IT RE;SOLVFD bi' THE: GITi' COPtI���ISSION QF TiiE, CITY OF CI,EI�Ft-
V�'�2ER3 FZORIT�A, T�at the electric franchise now held by the F"lorida Pocver Corpora-
t3on which eacpire� on Narch 'lth, 1946, be and the same is hereby extended and con-
L3nued in full force and effect until Septe�ber 7tn, 1946.
HES OLti TI-OAT
A RESOLUTTON 1tVkIVyI�TG R1G$P,OF TFiE CI�.'Y.QF CLEARuVATER,
FLORIT�A, TO ACQTiTFtE DREVv" FIEI,D IN HILLSBOROUGH COUNTY,
FLORTU�, ITTTDER SIIRPLUS PROD�RTY REL'•TJLATI:ONS �1k' THE
III�ZTED STA'PES GO �LR�fENT,
_ 1"1i��EREAS thE �jty nf Tampq, Florida, has req_uested the Gity of Clearw�ter
to tivaive its rights �o acquire Dr?w Fie1d from the United States Goverrunent under sur-
plus propert� regulatior_s; and
W�RF.,�S Drsw Field is located in Aillshorou�h County, Florida, and the
City of C1earK�a�er as ar� adjoining municipalii,g has no interest in the acquisition a:f
said field, NOW9 THEREFORE,
BE IT RESOLS;TF,D BY THE GI�'Y CO?tiiMISSION OF THE CIZY OF CLEAR4YATER, FLORIDA:
Section 1, That tYze City of �learwater does hereby maive a11 of its rights
to acquire Brew Eield in .I3i12s.borough Countys Florid� as sttrplus property under Govern-
ment regulations, in favor of tre �its of Tampa, rlo.rida.
Section 2. That a cer•tified copy af t�is Resolution shall be furnished to
Hon. curtis iiixon, N'.a�or of the �i�y of Tampa, Florida.
PASSED by the CYty �ominission, of Lhe Cit� of Glearrrater, Floridr�, on tY+is
tY!e 18th da� of F'eb., A.D,. 19;46.
fSi�{r�edj Geo. k. Seav.q
�i�yo.r-Goxrmissioner
ATTEST:
(_Signed) Frank Cooley
C?tS 'lerk _
�
�
City Commi.ssion h13r�u�es (Coz�t�d) ' �
Feb . 18, 19.46
URDTNANCE IV'0, 516 •
AN OFt�INANCE GRAI�TIIvG Ta CLEARNfATLR TFtP_hSIT, IPtC.
THE AUTHORITY, RiGiIT AND PItTVTLEGE T�J �STABI,TSH,
IJIAIPITAZTt AND 0� RATE A EUS �NANSPORR'ATION Si'STEM
IN THE CTTY OF CL'�.'ARVJATER, F'LQFt1DA, F'OR TN�: .
TRAATSPORTATION F'OR FlTRE OF' PASSEPTGERS P.27Ii FIXING
THE T�;RIy4S AND Ci:NDIT10PI5 OF �JCH GRANT,
BE IT _ORDAINED B'X THE 'CITY COMMISSTON U�' TAE CITY AF CLEARVJATLR, E•y:1RLr� x
. Section T
DEF2NTTIONS
"TRANSIT10, whex�ever used in this ordinance shall be de2med to mean Clearwat�r
Transi-�, Inc., a Florida corpora�ion, with its principal p7ace of busir�ess in �lear-
water, F'lorida, to whom is herein granted the i'rancrise, authorit�, right or pri-
vi.le�e to establish maintain and operate a Uus transportation system in the Citg
of Clearwater, �'lerida, for �he transportation for hire of bassengers,
°CITY", whenever used 3n this ordi�ance shall be deen6d to mean the �ity oi
�learwater, Florida, a municipal corporation, and when used in xeference to area s�all
include not only the present corporate limi�s of said City, but suc3a corporate limits
as they ma� be hereafter extended, and such adjacent territory as znag, far the purpose
of this o;.�din�nce, coma under the jurisdietion of said °Cit9".
"STREETS", whenever used in this ordinance sha11 be deemed to mean and include
all the public highwags, streets, alleys, bridges, public traveled areas and otaer pub-
lic ways ineluded in tYse co rporate limits of the City of Clearwa ter, r'lor:ida, as the
same now exist, ar�d as they may be ?�ersaft�r extended, togetY:er with such adjacent
�C�r���ory as may, for the purpose of this ordinaz ce ccar�e under the jurisdiction oi' said
Section II
t�IA`�TJRF OF GRANT �
The authority, right and grivilege is hereby gran�ed to Clearwater Trans�.t, Iue.a
for and in consideration oi, and subjact to, the eonaitions a�reements an� privil$ges
hereinafter set i'orth, to establish, maintain and o� rate over ard upon the streets ofl
the City of �].earvJater, Florida, a motor bus transportation sfstem for the transportation
of passengers for Y+ire for a perioa of fourteen (14j years commaneing an tre effect�ve
date qf tris ordinance.
Section TII
Regular:motor bus transportation sertiice pursuant to the grant aioz�esaid sha11
be established, operated ar�d r�gularly mainta3ned aver and upon definite routes in the
"City" so as to adequa�ely aerve tixe traveling public of the "City " as the public con-
venience and necesaity ma�* requira, and "Transit17 and ';;b.e T`Gity", pr? or tc the com-
mencement of operstions under tl�is ordinance, shall a�rEe as to the routes �ver wrich
�said motor bus transporation ser�vice shall be establishad. -' �
"Transit" shall establzsh new rau�es ar_d provide add�tional e� ipmEnt as the
same may bs needed in order to maintain safe, adequate anci effic_ent transportatian
service for the "City", su�ject to the provisions hereo�.
"Transit" may, upon its ovtr initiatit7e irom time to time, provide safe and
re�sonable e�:perimental routes over which it may operate its bus transportation service
for a period q�' t,ime not to exceed ninet� (90) dags upon ten (10) days vrri�tan notice
given the "City", such no�ice to epecify �he raute to be operatea, the ti�e of tre
cqmmencsment and terminstion of such experimer_tal ser�ica, ii' from the expe`rience of
anp such rnute or rautes susves th2 public convenien�e and necessi+y flf the citi2eiis
oi the "Citg" in the area aff`ec�ed, and that tlle continued o� rat� or_ over sucr route
or routes will afford a reasonbale return to "Transit", therefor, the operation of
such route or tcutes shall be considsred as establish ed routes and sub�ect to a-
bandonment, modii'ication or alterr�tion anly as providea herein in respect to establish�-
ed routes. The detarmination o�' whetrer or not any such route ox toutes shall serve
the public convenience and ne:�essity of the citizens of the "City�" in the area affect-
ed, and af.ford such a reasonable ret�.rn to '�Transit", will be made by the mutual con-
sent oi "Transit"�and the "City`r.
Any estar,lisied rou�e may be chan�ed, modifier_ ar abandoned bg mutual consent
of the City Gomm3ssion �nd "�ransit", and additional establ3� e� rcutes may i'rom t�me
to tisce be prov3d�d bg like mutual consent. "Tre,nsit" may change, modify or. ab�ndon
arly established route, prcivided tha t a written notica of its intention to rla so, con-
tainin� a description of such proposed change, modiviaation or abandonment, shall be
served by °Transit" on the "Gity�' at leaQt twenby-cne (21� daysrorior to the aay on
which 911C$ cl� nge, modification or abandonment is proposed to be made eifective and
published in a-nevrspaper re�llar'l,y publi�ed and in gene�al circulation ir the i'City"
once a week .fox� two coilsecutive weeks prior to said �ropo�ed effectivs date. :And such
action as tal�en bq "Trar_stt" sh.all be va7id, proper and z�fective, and the "City" shall
be presumed to have concurred thereinr unless �r,e City Commission s�S1I, af�er receipt
oi such z�n�ice nnd prior �o the 3a�te on which said l�roposed change wo�ald be effective
PC
���.. � � � . � . � . .
G3,ty Gosumissi,on hiinutes fCont'd) Feb. 18, l�Ja6
ORDINANCE N�. 51fi �Oont'd)
notif� °Transit" in writing �hat it d�sapprovas oi' such proposed actioz�. '"Traxa�i.t:" sha�.7.
not bB required ta opE�,ate over ar_y es�alaTi;� ed routo ui^less a11 oP the operations af
"Transit" in the '�City" shal.l afford, Qr �how a r6aso�able pros�ect oi" ai'fording, a faii�
and reaspnable return on tre cast of such oporatioz�s,
If th9 "City14 and "Transi�" cannat agree as to whethex or not sa3d opexr�tipns
will At that time or wit?zin a reasc�nable reriaci af time produae a fair return upon the
investment necessar� far the o� rs �ion thereof, the same shal ], be submittad to arbitrA-
tian �s provided in Section XVII hereof, r�nd the 9aid Soard of Arbitration in makin�
its findings and decision of the question irz dispute so submitted to the� ior detar-
mination shsTl ennsiutlr (1� t?^.e effect that such operat3on has or may hava upor� tha �afe-
tg of t�a traveling public anc� the citizer_s of the 1'ocalit�* affectc�d, (2) the nature
ar.d condition of the streets of such route, (3) tkie ef�'ect L-hat sixch o� r�ttion has upon
the needs of ttse traveling publia �nd tha locality of the �3.ty � ff.e�ted, and (4j �he
length of timp �hat i'Transit° has esercised its ri�hts and operated its b�tainess ur�der
thi� franchise, giving due :vei�ht to th� probabilit� of a nat�:ira1 loss to ��Trazlsit1°
frc�m its-operat;ona during the ini�aZ years of t�is franchise. ��
�'Transit" mag at any time provide for the transporation o�' a�ec3a1 chartex par-
ties or excursions between any twa paints in the "Cit�" Nithout being required to fo1-
low such establi�had ronte or routes.
Section iv
. SEY9RAT10N OF RACES
"Transit" sha11 make �nd enfo.rce ressonable rales �nd regulation�g prouidin�
for the segregst�on of �he human race v;hen more than one race is transported on the
same bus; unleas makin� and enforci�g th� same are declarad illegal, by a court of
compezent jurisdiction.
' Section V
SCEEDLL� .
Schedules of operation shall be such as may be required to �ccomodate the rea-
sonable naeds of the travelin� public �uer tre res�ective routes establishad. Dei'inite
schedules shall be agreed upor_ by "Transit" and the "City"4 and r,iay be ci2anged at ang
time by mu�ual consent. . ,
Sec�ior_ VI
EQZ� IPii'f�?T
P.11 buses to be operated under this grant and authorit� sh�ll be kept in gcuc�
mecliani�al order and attractivz in ap�earance. "Transit" shal 1 at all timea during che
operation of said motor '��:s trarsportatibn a�stem, under this franchise, use a suff3.-
eient nu�ber of buses to carry out its agreed schedules. A71 buses si�all be progerly
Pquippe3 wit� r�odern sa�ety ap�liances. I£ "Tr�ns�t" desiras to cor.unence regular ope�a-
tions Un schedales befpre buses are availa ble, it ma� temporarily opera�e private cars
or taxi cabs in lieu of buaes. Aowetier, any private cars or taxi cabs so o� rated shall
be distinctly marke� to shoer th�t the� a re running on regular schedules in lieu of buses,
and the use of private cars and taxi cabs sYiall be disenntinued aa soon as busas are
avail�b,le in szfficient number. ,
, Sention VI3
FARES
The fares to be cha rged by °Transit" sY+al l be uniform, just and reasonable,
and shall be such as will prov�de a fair and reasonable return on "Trarsit�'s" investment,
Al1 fares shall be subject to approval and re�u7a tion by the °1City", and no schedule s
of i'ares sha.11 be e�'fecti�e antil ap;:ro�ed is� �vritin� by the City Idianagor. xowever,
°Transita' ma;� at any time by special �greement qr cor�traat provide for the transpor-
tation ofl special char;ter par�ies for excuxsions at sueh rates and charge,s as-it may
deem advisable and without the approval of the nCity�'.
AJ.l police officers ,anr� firemen in uniform aha11 be furniahed free transpor��Ction.
Se�Gion VIII
n"�ATL �rtL N�'WSP3PFRS
If it so desires, "lransit" may carry mail for t�e Gotier�ment cy the United States
in and upo� its buses, as well as n�wspapexs to b� delivered at can�; point on its routes,
l�ut sucr del�.very service shali in no wise interfere *xith pr��per and adequate �sse�-
ger service,
Section I.x
STOY ZONES AN7� BUS STOYS
The "City" shall permit the establishem'ent of reasonbale stop zonea alon� the
es�ab].ished routes oi' "Transit", f�r the purpose of enablin�r "Transit" to t�l:e on and
discharge pass�ngers with safety and dispatch; suah zones to be on the right of the
course in which buses oi' "Tr�,nsifi" are operated and adjacent to thF straet intersoction
at the far end of the designated blecks. an� markzr�g of such stop zanes shall be. done
�
. . . . . � .. � . ��� .
C3i:y CQmmass�.o� 1Jiinutea {Co t�d)
, x� reb, 18, 1946
ORT�1N�2iCE NQ ; 516 i Cont' dj
by bhe "Cit;�'" but an� �redesl:al or other signs designatin� such stop zones or bus sto s
shall he made or erected and mr�intained by "Transit'�. Z'he °Cit " s�all P
y prohibit
cther veh3clos Prom obstructing any stop zone or interiering v�ith the operations of'
"Transit" therein or at any bus st�p. A�l regu]a tions under this seetion shall be un-
der thc� absolute control of the "C3.ty". '
Section X
P�IVYLEGE CHAftGE
For the privilege of operating the serviae provided her�in, "Transit" agrees
to pay to the �'Cit��' ��uzn equal to �vro per cent (20) of ita gross receipts derived
#'rom sucr� cperat^•ons, ragardless of the soLmce of such receipts or for what service
rendered, such charge to be in lieu of all other city taxes of whatsoever kinci or
nattzre, except that nothing herei� shall be construed ta pronibit the "City10 from
levying any general ad valorem tax upon the property o� "Transit�� not otherwise pro-
hibited by 1aw, The said charge shall be pa�*ab'le an or before the 30th day of each
month for the previous month's operations. 'Transit�� shall keep a special s�t pf
booka showin� all revenues derived Prom op�ration of bus lines under this franc°nise,
and the "City° sha11 have �ccess to 3ts boqks and records at all times for the pizrpose
of'determin�ing the gross rece�pts and the charges to be paid the t'City" based therEon.
The term "gros� receipts" shall in.6lude all. revenue derived irom "TransitTs" ouerati.ons
within the corporate limits of �Y?e "Cit��' anri shall not be considered �o refer to any
earnin�s by virtuo oi' operations be�ond the c%�y limits, In comput�ng gross rece3.uts,
a11 revenue that originates in the "Citg" shal 1 be considered as derived from ,iis
aperation thereiz�. Any revenues that or��inate outside the "Cit�" sr_all not be
cons�aerea.
Section II�
OFFiCE .
At all t�nas during the cont3i2uance oi this frar.chise, "Tr�nsit" shaL'�. ke:ep
an o''"° ;e in the City of Cleary�ater, Fl.crida, and its books and records relating to gross
racei�,�,s s�all be kept in such office, Providing further �hat "Transit"' will, unon
ten (10) days notice served upon it by the "Cit�" produce ior e�caminatic�n by the
"Clty" any additional records kept by "Transit" in any way dea?ing with `�zs bus o�era-
tions in the City .
• Section XII
�iAIe:AGE md ST�ETS
"mrans�:t" further agrees to promptlg s�ake paymen-ts to the "City�" ior alT dama�es
done or caused to the streets and other property of the �'Gitg" caused by the opera-
tio� of "Transit's" vehicles, reasor_able vrear and tear excepted.
Sectior. XTII
PRG�CmION
7.'he "City1° shall not compete Nith "Transit" 3n its operA tions hereunder ar�ci
shall, inaofar as its corporate powers exist, by ordinance dnly enacted, prohibit inter-
ference and competition from motor bus lines, jitney operatians and taxi cabs not
ogerated irom regular stande, or other compet�ng types of pub].ic trai�spora��on wiich
��ould tazd to interfore wit� the e�ficient and econom_ic operation as a whola of the
transporation system herein pravided for.
Section XIV
COIuPLIANGE �VITii GENERAI. ORDINANCES
'"Transit° in its operatior.�s shall be required to comply with all general
ordYnances of the "Qity" noa� in effect or hereafter adopted Por the regu� tion �nd
contro], of motor vehiale traffic.
Saction XV
NOTICES
Wizenever b� terms of th3,s ordinance notice is required or pe�nitted to ne given
aither bv the "City�' or by "Transit", it may be given by registered mail addresse�
to, or b� personal. deliver,y at �Y!e office of "Transit° in the city of Glear�,e ter, Flaida,
or the office of thQ City Llerk in the City Hall, Clearwater, r'lorida, and to each
City Corr,m3ssio'ner at k�,is business address, as the case may be.
Section XVI
TNSURANCE
"Transit" shall at the time o� the cormnenaemsnt of its operatlons hereunder and
ccntinuuusly during such oper�ttions:
1. At its own expense, curry and maintain insurance against public: liability and
property damage with reasonable a�d adequate limits in responsibla instzrance campanies
�
l.... . . . . . . .
�
. . .� .. .. . . .... . .t.<.
���
■
City Commisszon �inutes (�ant�d) F'eb. ].8, 7.946
ORDihANCE N0. 516 (�Con��d)
aui;horized to transact business in the Stato of Plorid�, tq be mutually agreed upon be-
tween "Transit° `�d the �'City".
� (a) Ydith the conser�t of the City Commission oi' the "City" furnislz a surety bond
in the form and with surety or sur,�ti9a to be approved by the said City Commisslon, con-
flitioned to make aprorr�pt paymer�t oz all calin:s for persanal injuries or property damage
cauQed by "Transit��s" operations and for which �"Trai�sit" may be iiable; or
(b) 'Nith the consent of the C3ty Commission of the '�City" act as a self-i.nsurer
against such hazards, in which event "Transit" shall .flirnish the "City" satisfactory
evidence of its ability to meet al� claims for injuries to persons an,d pxoperty ren-
sonably anticipated in the ord3�nary aourse of. business, for �vhich it may be legally
liable.
. Section XVTI
ARBiTRATTON `
In the evant the"City" and "Transit" shall be unaUle to agrs3 'sn respect.6o any
matter arising hereunder, the subject o.� dis�greement shal 1 be ref��°red to a Bosrd of
Arbitration to be selected in the following man.ner; `l�ie �'Cit�t� s�all select a person
in no wa � connected with the government oi the "Cit�" and "Transit�' shal 1 select a
person in no way connectad with it and these two sha7.l select a third gerson in con-
nseted wit11 the governtnent oi the i'City" or with °Transit��, such three �3i parsons to
compose the said Board oi Arbitration. Tt is hereby exp ressly agreed th� t the finding
of the said Board of Arbitration shall '�e final upon a11 issues of fact so submitted
to the �oard and tha t the expenses oi` said erbitr�tion, including the expenses of the
Board, sr�ll be certified by it to both parties and shall be paid by "Transit". Such
axpenses sha11 not incluc�e any allo�ance for iees for attorneys or experts for either
party a
Section XVIII
, FQRPEITIIRES
The authority and privileges granted hereunder shall at the option of the "City"
be subject to forfeiture upon the fai lure and refusal of "Trar.sit°t to comply rvith any
of the terms hereof, and sha11 particularly be subject to forfeiture in the 2vent
that regular bus serviae ander this ir�nchise is discontinued for a period oi sixty
(60� dags or m�+re. Provided, however, that the "Cit� �` shall give °Transit° not le ss
thar_ thirty f�0� da�s notice of its intention to exercise its s�.i.d option, s�zcr nol:ice
to specify tYie default complained of; dur-�ng whicn time iOTransit" shall be allowsd to
correct such defa lt, in �vhich event no .:• .c��,itura maq be declared.
Sectior� XIX
OPTIOI�T TO PURCHAS.F,
At the expiration of the terzn of this franchise, or upon a£orfeituxe under the
provisions of the preceding section, then and thereupon the 'iCity° shal 1 have the right
and optiqn to purchase all of "Transit's" eguipment,and propert� used under �r in con-
aae�tion with the franchise or �ig�t her•ein and hereby granted, or such part of such
E:quipmeni and property as the "City° may desire to purchase; and in the event that the
'PCit� " exercises its option Yterei.n gra nted, then the valuation of the property and
equipm�nt that the "City" desYres to purohase s�all '�e fix_ed b�j arbitratipn as pro- ,
vided by �w.
Section XX
iP:TIIviNITY
"Transit" shall hold-the "City" harmless against an� and a13 li�bility, loss,
cost, dsmage or expense which ma� accrue to the sa�.d "City' by reaso� of the neglect,
default or misconduct o� "Transit" in connection with its rigrts hereunder. PTotring
in this ordinance sYzall be considered to make the "Cit;�" liable for dama�es on account
of ang ne�ligent act o� omission or cosr�mission bg the servants, agents or employees
oi "Transit° durin� 4ts operat_er_.of its transportation services, either in respect
to persons or vrith respect to any property damage wYLich may be substa�.ned.
Sectinn XXI
ACCEYTANCE
This grant and authority is ma�3e upon the concli�ion that "Transit" shall filo
Niiih the C3t� Clerk of the City of Glearwater, written notice of �he acespianee of
the same v:ithin thrit� (3f�) da'gs after t?ze effective date of the passage of this ord-
inance, and vrbsn such notice oi acceptar�ce is filed, this ordinance end the a.caept-
ance shall cens�itute a contract between the '"City" and "Trarsi�" for all the uses,
3arvices, and purposes set forth herein.
Sectian X:iII
RE.�OVAL OF` EQI;IYPJIEPIT UYOId �XPIRkTSQN ,
IIpon t:-ie expiration of tr�e term oi tY!is franchiae or upon a forfeiture thersoi'
as provided in Soctia>1 XVIIZ ci' t�i.s ord�:nance "Transit" agrees �hat i� w311 prbraptlq
'cease tts operatzons uiader this franchise ar�d will �romptly remave �rom the s�xeets
of the �'Cit�" all of its uropertg and eqaipment u��less tYle °City'� sha11 exere�ae tk�:e
option and right reserved herein �o purchase said proprrtp and e� ipment as herein,above
_ provide� in Section XIX hereof.
�
�
�
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Ci�y Cpmrn�,saton btinutes �Conttd) �`''eb 18, 1946
QRDIAIA2vCE 'NO. 516 ( Cont � d j
Section XXIII
SE;PAFtAEILI2'Y
Each sec�i,on of �his ordi�aneE and each par� oi eaeh section is hereby de�la�ed
� separAble section, or part of section and the holding of sny section or pari:y there-
Gi', to be unconsti�utional, void, i11e�a1, inoperative, or coz�trary to the laws of
the StAte of r'lorida for e.nf reason shs11 no�t sffect any ather section or part of
�k�3s ordinance, it �eing the express intention of the �ity �ammission of the Gitg
of Clearvta �er i�a pa�ain� t?��is ordinance tha t eack� part, seetion or provision r�reof
shal? �e given fu11 force and effect independent oi any oLY�Er part, section or
prov3sion.
Section XXIV
R�PrAL
T�at ordinance � 488 3,s hereb� fu11y repea'led and all oth�r ordinance or parts
of orcl3nanees 3n corzilict herewith are to the exter�t of su�ch confli.ct heret��� repealed.
Section XXV
Tris ordinance shall tal�e effect i:nmediatel� kpon its �assage and adopt�on b3
tYae City comnais�ion of the �ity of clear�vaien, r'7,orida.
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h:s�for-Corrmiissior_er .
ATTF;ST:
, �i,l,�y,,,�` '
City ' �tox �r_d Cierk
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