09/20/1946
Sept. 16. 1946
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MINUTES OF CITY COMMISSION
Special Meeting - sept. 20, 1946
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FLORIDA POWER CORPORATION
'St. Petersburg, 1, Fla.
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The Honorable Mayor and City Commission
of the City of Clearwater
Florida
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Gentlemen:
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Pl~ase be advised that the proposed franchise as discussed
at the meeting of the City Commission or Clea~water on Monday even1n~,
Aup-ust 26, at which time repr~sentatives of this company were present,
has been submitted t~ the Board of Directors of this company for con-
sideration and action. The Board of Directors after its meeting held
on September 16, 1946, has instructed me to advise you that the com-
pany can not accept the proposed franchise as presentedto us.
For the reason stated by the representatives of the company
at the last meetin~ we are opposed to and can not accept a~ort term
rranchise with short term recapture periods. We will however, as
indicated at the meeting. accept a twenty year franchise with five year
recapture periods with the inclusion of the other provisions, the form
of which were .tentatively agreed upon at tre last meetin~, with refer-
ence to gross receipts tax, method of ~aluation of the properties,
rate for sale of elect~ic ener~y to the municipality for municipal
purposes, and types of financ!al reports to be ~ubmitted to the City.
We shall be glad to discuss the matter further with the City Commission
whenever you so desire and. may request. '
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"ery. truly your s ,
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(gl~ed) J. F. Bailey
J. F. Ba.iley
Vi ce Pre si den t
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CITY' OF CLEARWA~ER
September 23. 1946
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Mr. J. F. Balley, Vice President
Florida Power Corporation
St. Pete!sburg 1, Florida
Dea.r Sir:
Referrin~ to your letter of September 16 in which you advise the
action of your Board of Directors in regard to the proposed franchise for the
City of Clearwater that has been under discussion for some time, please be'
advised that at a Spec~ Meetln~ of the City Commission, on Friday, September 20,
the Commission agreed to ~ke the followin~ chanp,es In the franchise, copies
of which you have, in the followin~ instances:
In Section 1. line 6 - to change the period from ten
to twenty years.
In Section 2.'IIne"2- to chan~e the period from ten
to twenty years.
In Section 11, line 6 - to chanp.:e this to read"and
every five-year perI-od thereafter!'.
It is believed that with these chan~es that the objections in
your letter of September 16 have been ful1y met. We have had the two pages
in question m1neo~raphed and attached to the o~d forms and enclose herewith
several copies of the franchise as it wil1 be considered and probably passed
at the next re~lar meetlnF or the City Commission on October 7, 1946.
continued
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MINUTES OF. CITY COMMISSION
Special. Meeting- Sept. 20, 1946
conti nue d
In the meantime w111 you please prepare and send to us
about futy (50) copies of your present rates char~ed for electricity
to the public in the City of Clearwater, that.they may be attached
~o the franchise and made. & part thereof as provided: for in the franchise.
Will you also please prepare and submit to our City Attorney,
so that it may be accepted concurrently with the adoption of the franchlse,
the contract for placing certain lines underground and the extension of
a whiteway system which you proposed.
It is sug~ested that you refer to Section 15, on Page 7 of
the franchise, and the last line of said section which says "sald price
to be subject to the usual fuel oil adjustment provIsions". The-writer
believes that this should be more specific and conform with the discussions
early 1n the franchise neFotlations. Instead of changing the franchise,
however, it will be acceptable to set out your interpretation of the
usual fuel oil adjustment provisions.
In.view of the fact that the proposed franchise is expected
to be adopted on October 7, which date is the time of expiration for the
present e~nsion to the former franchise, it is not believed that any further
extension would be required.
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Yours very truly,
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F. L. Hendrix
city Mana~er
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, September 20, 1946
Mr. F. L. Hendrix, City Manager
Clearwater, Florida
This is to certify that I have delivered a notice of a special
meeting of the City Commission to be held Friday niFht, September 20, at
7:30 P.M. at the City Hall. At the time set out below:
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NAME TIME
Mayor Seavy 9:35 A.M.
T. A. JOhnson 9:55 A.M.
Jesse G. 8mi th 10:00 A.M.
.J.. R. Crane 10:18 A.M.
O'
W~, c. Wells 10:55 A.M.
SIGNED Caruthers
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Mayor Seavy explained that the purpose of the meetin~ was to
consider again a power franchise inasmuch as the Florida Power Corporation
had indicated by letter dated September 16 that they would not be able
to accept such a short term franohise and such a short term reoapture
period. The Florida Power Corporation in their letter stated that they
would be willinr- to accept the twenty-year franchise with five-year
recapture periods. After full discussion of the matter it was moved by
Mr. Johnson that the franchise offer extended to the Florida Power
Corporation on Au~ust 26 be amended as follows: that Section 1, Line 6,
be altered to read "twenty r.ears" instead of "ten years"; that Section 2
Line 2, be altered to read 'twenty years" instead of "ten years"; that
Section 11, Line 6 be altered to read "and every five-year period there-
after". This motion was seconded by Mr. Crane and on the motion being
put, the vote was as follows: For the motion, T. A. Johnson, J..' R. Crane,
w. C. Wells; A~ainst the motion~ Mayor Seavy.
Ray Ulmer on behalf of the Clearwater Broadcastinp. Company, Inc.,
asked the City Commission for a lease on the south wing of the Auditorium.
It appeared that an option to lease the Auditorium to McKay and Pulley
would not expire until November 5, 1946, and further that the permit
issued to Clearwater Broadcastln~ Company, Inc. only covered daytime
operations. It was moved by Mr. Crane, seconded by Mr. Wells, and carried,
that no action be taken concernin~ such a lease until the elapse of the
McKay and Pulley Option.
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MIKUTES OF CITY COMMISSION
SPECIAL SESSION - September 20, 1946
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The City Commission met in special session the eveninp, or
20 in the City Hall at 7:30 P.M. .1th the fo1lowln~ members
Mayor Geo. R. Seavy, T. A. Johnson, W. C. Wells, J. R. Crane;
Jesse G. Smith.
September
present:
Absent:
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There being no further business come before the Board, the
meetln~ was adjourned.
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Mayor-C-ommlss oder .
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ATTEST:
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MTNUTES OF CITY COP�AIfTSSIO�t
-•' Special Meetin�{ - Se�t. 2A, Y946
COPY
FLORIDA POWER GORPOFfATION
9 'St. Peter.sbur�y l, Fla.
Sept. 16, 194.6
The Honorable t�iayor and City Co�ission .
of the City of Clearwater
Florida' .
Gen�tlemen; .
• Pl�,ase ne'advised that the proposed franchise as discu�sed
at the meetin� of �he CiLy Commission of Clearwater on Monday evening,-
Au�ust 26, ai�livhich time representatives of this company'were present,
.� has heez� submi'tted to the Board of Directors of this company for con-
sideration and action. The Board oP Directors after its meeting held
on 3eptember T6,'1946, has instructed me to advise you that the com-
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pany can not accept the proposed franchise as pressntedto us: '
• F`or the reasdr� stated by the representatives o£ Lhe company
` at the last mee.ting we are opposed to and can not accept a�ort term -
franchise with short term recapture periods. V7e will however, as
"'" indicated at tkYe moeting, a,ccept a twenty year franchise with five year
recapture periods with tI1e inclusion of �he other provisions, the form
of which were -tentatively agreed upon at tie last meeting, with refer-
�` • ence to gross receipts tax, method o£ v.aluation of the groperties,
t� s rate £or sala o�' elect•ric enargy t� the municipality i'or municipal
^ purposes, and typas of financ3al reports-to be submitted to the.City.
„ We shall be glad to.discuss 'the mattar further with the Gity Commiasion
whene ver you so de sire and. may reque at .. •'
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�Tery_ truly yours,
s.
� Y � ^ '- ( sigc�ed) J. F, Bailey T
� . - J. F. Bailey . :
Vice President
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� CI TY' OF CLEkR�,WATER
' September 23, 1946 ,
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Mr. J. F. Bailey, Vice President _ �
, Florida Power Corporation -
. St. Petersbur� l, Florida " '
Dear Sir: .
Referrin� to your letter of September 16 in which you ad"vise tha
• action of your Board o� Directors in re�;ard to the proposed franchise for the
City of Clearwater that has been under discussion for some time, please be'
adv�sed that at a Special Meetin� of the City Commission, on Frida�, September 20,
the Commission agreed to make the followin� chanpes in the franchise, copies
of which you have, in the following instances:
In Section l, line 6- to chan�e the period from ten
to twenty years.
In Sectian.2;'line'2 � to change �11e period £rom ten
to twenty years.
In Section 11, line 6- to chan�e tH�is to read"and
enery five-year period thereafter'�. �
It is believed that 1vith these chane;es that the objeat3ons in
your letter of September 16 have been fully met. We have had the two pages
in question mineographed and attached to the old forms and enclose herewith -
several copies of the �ranchise as it wi11 be considared and probabl.y passed
at the next reE;ular meetinp of the City Commission on October 7, 1946.
continued
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MINUTES OF CITY COMh1ISSI0N
, Special Meatin�- Sept, 20, 1946
c onti nue d
In the meantima wI.11 you please prepare and send to us
about fif�� (50) copies oi' your present rates ch�traed for electric3ty
t� the public in the City of Clearwster, that they may be attached
to the franch:ise and made,a part �hereof as provided for in the franchise.
69i11 you also plzase prepsre.and submit to oux City Attorney,
so that it may be accepted concurrantly with the adoption of the franchise,
the contract for placing certain lines underground and the extens3on of
a whiteway system which you proposedo'
It is suggested that you refer to Section 15, on Page 7 af
the franchise, and the last line of said section whiGh says "said price
to be su�i je ct to the usual fuel oil ad justmen� prov3. si ons11. The� wri ter
believes that this sr.:�uia be more spacific snd conferm �vi.th the discussions
early in the franchise ne�Zo'tiat:tons. Instead of changirng the franchise,
howeYer, it will be acceptable to set out your'interpretation of_the
usual fuel oil adjustment provisi ons.
rn view of the faet that the proPosed franchfse is expected '
to b� adogted on Oetober '-,, which data is the time of expiration for the
present e�dansion t� the i'ormer franchisa, it is not believed tlaat any furth:er
extension would be required.
- Yours very truly,
- , . F. L, Hendrix
City Manager ,,
FLH:hs
Encs.
- > September 20, 1946
a
Mr. F. L. Hendrix, City Manager .
Clearwater, Florida
T�iis is to certify that I have delivered a notice of a special
meetin� of the City Corr�nission to be helr� Friday nigh�, Septamber 20, at
7:30 P.�I, at the City Hall. At the time set out below;
NA14IE TIME
Pdayor Seavy 9:35 A.td. .
T. A. J4hnson 9:55 A.M. •
3'esse G. Smith 10:00 A.M.
J. R. Crane 10:18 A.Pd.
'N..C. Wells � 10355 A,M.
SIGNEI? Caruthers
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MiiiiiTES OF CITY COMMISSION �
SPECIAL SESSION - Septemb'er 20, 1946 �
The City Commission inet in special session the even3r.� of '
September 20 in the City Ha�l at 7;30 P.M, with the 1'ollowin� tnembers
preyent: M�3+�r Geo. R. Seavy, T. A. Johnson, VJ. C. Wells, J. R. Grane; �
Absent; Jesse G. Smith.
Mayor Seavy explained that the purpose of the meetin� was to
considar again a power franchise inasmuch as the Florida Power Corpc�ation
had indicated b� letter dated September 16 that they would not be able
to accept such a short term franchise and such a short term xecapture
period. The Florida Power Gorporation in their letter stated tha� they
wou�d be willin� to accept the twenty-�ear franchise with five-y�ar
recapture periods. After full discussion of the matter i� was m.oved by
Mr. Johnson that the franchise ofYer extended to the Florida Po�ver
Corporation on Au�ust 26 be amend9d �s follows; that $ection 1, L3.ne 6,
be sltered to read �'twenty yeare" instead oi' "ten years"; that �ection 2
Line 2, be'altered to read "twenty yeax�s" instead of "ten y�ars"; that
Section 118 Line 6 tie al�ered to read TMand every five-year period thgre-
afterTM This motion was seconded by Mn. Crane and on the inotion bping.
put, the vo�e was as follows; For the motion, T. A. Johnson, J.: R. Crane,
W. C. Well�; A�ainst the mot3on, Mayor Seavy.
Rs�r Ulmpr on behalf of the Cl�arwater Broadcastin� Company, Ir_c.,
asked the Ci ty Commission £4r a lease on the south wing of the Auditorium.
I� appsared that an option to lease tho Auditorium to McKay and Pulley
would not expire until November 5, 1946, and further that the permit
issued to Clearwater Broadcas{:in� Companyy Inc. only cover�d dagtime
operations. ?'t �vas moved by Mr. Crane, seconded by Mr. Wells, and carried,
that nb ac�;ion be �aken concernin� such a lease until the elapse oP th!t
McKay and Pulley Option.
There bein� no further inzsin�ss come before the Boaz^d, the
meetin� was adjourned.
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�il ay'or�Commissioner f'
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