04/14/1947
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CITY OF CLEARWATF..R
CO:MMISSION MEETING MINUrES, APRIL 14, 1947
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AN ACT TO ABOLISH THE PUBLIC MUNICIPAL CORJ:>ORilTION IN PIN.ELLAS COUNTY
FLORIDA, KNOWN l~S "CLEAmh1Ti!1R BEACH SEAV/ALL DISTRICT"; TO ORMTE AND
ESTJ:.BLISH A PUBLIC MtJNICIPi.L CORPORATION TO BE KNOWN AS "CLEARWATER BEACH
EHOSION DISTRICT": IN PINIcr..LAS COUNTY, FLORIDA; TO Vl\LIDATE THE CONTRACTS
OF SitID CLEARV1ATER BEACH SEAWALL DISTRICT AND PROVIDE FOR THE SUCCESS-
ION OF SAID CONrRi,CTS TO THE nQLEAR','IATER BEhCH EROSION DISTRICT; TO
REGULATE THE BRINGING OF SUITS AGAINST SAID CLEARWATER EEACH EROSION
DISTRICT, AND TO FIX AND PRESCRIBE THE T&RITORIAL LIMITS, JURISDICTION
AND POWERS OF SAID CLEARWATER BEhCH EROSION DISTRICT AND THE JURISDICQ1ION
A~m POWERS OF ITS OFFICEl~S, AND HE.PE.:\LING CfL..l:-'TER 23213 OF THE ACTS OF
1945.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
Section 1. That Chapter 23213 of the Aots of 1945, is hereby repealed
and the Public Municipal Corporation in the County of Pinellas, known as
"Clearwater Beach Seawall District," is hereby abolished and a Public
Municipal Oorporation to be known as "Clearwater Beach Erosion District"
in Pinellas Oounty Florida, is hereby created and established to suooeed
such former Public Municipal Corporation in Pinel1as County, Florida. The
Clearwater Beach Erosion District hereby oreated and established shall
embrace and include all that territory..situated and being in Pinellas County
Florida, described as follows, to-wit:
Beg! nning a t a point 967 feet north of the soutbwest corner or the
northwest quarter of the northeast quarter of Seotion 21, Township 29, Soutn
Rbnge 15 East, and run south 634 feet, thence run east to a point 30
feet west of the east boundary of the Baid northwest quarter of the north-
east quarter of said Section 21, thence south 363 feet, thence west to a
point 455 feet west of the east boundary of the southwest quarter of the
north~est quarter of Section 21, T~Jnship 29 South, Range 15 east, said
point being in center of' "A" Street and Fourth Avenue, prolonged according
to the map of' Belleair, run thence south 305 feet to center of "B" street,
thence run east along center of "B" Street 316 feet to the center of' an
alley, thence rWl south along center of alley 600 feet to the center of
"D" Street, thence east 109 feet to the west line of 1!'orth Harrison Avenue
known as Third avenue, as per said map of Belleair, thence south along the
west line of Forth Harrison Avenue extended to the north boundary of the
southwest quarter of the southeast quarter of said Section 21, thence east
~o the northeast corner of the said southwest cuarter of the southeast
quarter of said Section 21, thence south one-fourth of a mile to the soutl1
boundary or Section 21, Township 29 South, Range 15 East, thence east to
the southeast corner of the southwest quarter of Section 22, Township 29
South, Range 15 East, thence north to a point 330 feet south of the north-
west corner of the southwest quarter of the southeast cp.arter of Section
15, Township 29 South, Range 15 East, tl~nce east alang a line running
330 feet south of and parallel to Druid Road to a point in Section 18,
Township 29 South, Renge 16 East, said point being 330 feet east of the east
line of Section 13, Township 29 South, Range"15 East, thence north along a
line running 330 feet east of and parallel to Be1cher Road to a point 330
teet south of the east and west center line of Seotion 18, Township 29
South, Range 16 East, said point being 330 feet south of the center line of
Gulf to Bey Boulevard, thence east along a line running 330 feet south of
and parallel to the center line of Gulf to Bay Boulevard to a line in Old
Tampa Bay dividing the Counties of Plnellas and Hillsborough, thence north-
erly along said line dividing said Counties to a point east of a point 660
feet west of the center of Section 9, Township 29 South, Range 16 East,
thence west toa point 660 feet west of the center of said section 9,
Township 29 South, Runge 16 East, thence south to the southwest corner of
the northeast quarter of tl~ northeast quarter of the southwest quarter of
said Section 9, thence east to the southeast corner of the northeast quarter
of the northeast quarter of the southwest quarter of said Section 9, thenoe
south to the southwest corner of the northwest quarter of the southeast
quarter of said Section 9, thence east to the point formed by the intersection
of the so uth line of Del Oro Groves Sub di visl on with the west boundary line
of Bay Share Boulevard, thence soutllerly along the west boundary line of
seid Bay Shore Boulevurd to 8 point 330 feet north of the east and west
center line of Section 16, Township 29 South, Hange 16 East, thence west
along a line running 330 feet north of and parallel to the center line o-r'
Sections l~, 17 and 18, Township 29, South, Range 16 East, (said center line
being the center line of the Gulf' to Bay Boulevard) to a point in Section
13, Township 29 South, Renge 15 East, 330 feet North of the center of said
Section 13. thence north to the center of Section 12, Township 29 South.
Range 1; East, thence west to the center of Section 10, said Township and
range, thence north to the northwest Gorner of the northeast quarter or
seotion 3, Township 29 South, Range 15 East, thence west to the north~est
Qorner of Seotion 4, said township and range, said northwest Gorner of
. Seotion 4 b~ing1n the waters of,Olearwater H8rbor, thence in a north~
weste~ly~dlreotiori through the 'waters of Clearwater Horborand Big Pass 'to
"the '1il'tierseot16n 01' the lOR . tide line of the Gulf 01' Mexioo on ,the northwest
'. "po~nt, of Olearwater Key. thenoe west into the waters of the'Gu.lf or',M~'jdoo
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to the territorial limits of the State of Florida, thenoe southerly along
said territorial limits through the waters of the Gulf of Mexico to a)point
due west from the point of beginning thence east to the point of beginning;
also the following desoribed traot or land, to-wit:
The southeast quarter (SEt) of the northeast quarter (NE~) of Section
10, Township 29 South, Henge 15 East.
Section 2. That the title, right and ownership of property, dues,
alaims, judgments, decrees and chases in aotion, hald or owned by the
Clearwater Beaoh Sefrwall District sha,ll pass to and be vested in the
Clearwater Beaoh Erosion District being crested and established and the
contracts heretorore entered into by said Clearwater Beach Seawall District
shall remain in rorce and be binding upon said Clearwater Beach Erosion
District.
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Section 3, The inhabit8nts of the Cleurwater Beach Erosion Distriot,
residing within the territory hereinabove described, shall continue to be
and are hereby oonstituted a body politic and oorporate, and by and under
said name.
Section 4. Satd Clearwater Beach Erosion Distriot (1\.) shall have
p~rpetual succession and shall own, possess and hold all property, real
and personal, heretofore owned possessed or held by said Clearwater
Beach Seawall Distriot, and shall assume, manage and dispose of all trust
in any way connected therewith.
(B) May sue and be sued, plead and be impleaded in all Courts and
places, and in all manner and proceeding and may have a oommon seal and
chonge the srume at its pleasure; may purchase, hold, reoeive and enjoy,
or sell and dispose or, real and personal property.
(C) May reoei'Ve bequests, give dOIlations of'.all kinds of property
in fee simple, or in trust of public oharacter, or other purposes, and
do all things and aots necessary to carry out the purposes, and do all
things and ~cts necessary to carr,y out the purposes of such gifts, be-
quests and donations, with power to manage, sell, lease or otherv'iise
dispmse of the same in aocordance with the gifts and bequests.
(D) Shall hElve the power within its territorial limits to oonstruct,
condemn, purchase, lease or maintain, conduct and operate public piers,
wharves, warehouses, Ship channel, breakwaters, jetties, seawalls, groins
and drains and their appurtenances for the use of said District and its
inhabitants and to make oontraots in oonnection therewi th, and shall
enforoe suoh p~rchase, if necessary, by eminent domain prooeedings, and
shall have the right and power to issu e bonds for any of the aforesaid
purposes and for refunding any indebtedness upon a maj ori ty va te of:-all
electors actually va ting at any bond election in 'Which a muj ori ty of the
freeholders in said District participate, provided that no elector shell
partioipate in any bond election who isnot a free holder in said
District and v/ho is not otherwise qualiried as a 'VO ter therein; pro-
vided also, tl18t the maximum amount to which said District may bond
shall not exceed tV/enty-five percent of its assessed valuation as from
time to time fixed by the essessn~nt roll of the City of Clearwater.
(E) May oontract and be contrCloted with in regard to all matters
and things.
(F) Shall have all poV/er oonferred upon l)ublic M~nicipal Corporations
by General Lav~s of the State of Florida, :when not inconsistent with the
provisions of this Act.
(G) Shall have pONer to levy anEd valorem tax on al~ taxable property'
in suid District for the, purpose of paying the principal and interest
on cny general obligation bJnds issued for the above purposes.
Section 5, The corporate authority of said Clearwater Beaoh Erosion
District shall be vested in a Board of three members, one of whom shall
be the Chairman of said Board, and said Board 'Shall be known as "Clearwater
Beach Erosion Board." Said Chairman shall be selected by, a majority
vote o:f themembers of s aid boa rd and shall serve as suoh cha irman during
the pleasure or said board. Said Board shall also have u Vice-chairman
and a Secretary, such of whom shall be selected by a ~ajori~ vote of the
members o~ said Board and shall serve during the pleasure of said Board.
The said members of said Board shall hold offioe for a term of three
years, and until his successor is appointed and qualified, and the
present Commissioners of the Clearwater Beaoh Seawall District are hereby
made the mempers of said Clearwater Beach Erosion Board, and the term of
eadh menber shall expire at the same time said term would have expired
at the smne time said term would have expired if said Clearwater Beach
Seawall District had not been abolished. Vacancies on the Olearwater
Beach Erosion Board ocourring by reason of expiration of term of office
or o~he~ cause shall be filled by appointment of members by the City
Oommission of theCity of Clearwater~ Clearwater, Florida. If, for any
reason, the City Commission of the uit,y of Clearwater shall fail to
appo1ntmmnbers of the Clearwater Beach Erosion Board, or if suoh appoint-
ment of suehl. manbers by said City Co:mmission shall be held invalid, then
the IDSnbers flJB11 be appointed by the Governor of the State of F~orida.
Said members of said BOard shall serva vdthout compensation.
. So..o'tion 6. ,The City Tlleas~er, Tax Assessor and Ta~ Collector of
'\,:,'~":::":f": theClty.of .Clearwater shall be theTreasUl'er, Tax As'sessor and Tax
-:f?:\:;':,::{>", , ' Colleotor:'of tbeOlearYlater Beaoh Ero sion Dis tri ct hereby extabllshed, and
W.;k::;::,/,)><:;",:,::".:,'~e~I,}.;'S!~t'ti~ r~r and duty to demand, reoeive and oolleot all monies
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CITY OF CLEARWATER
COMMISSION MEETIID MINUTES APRIL 14, 1947
due said District. All monies belonging to the District shall be deposited
to the credit of said District in a Bank, or Bonks, in Pinellas County
Florida, to be approved Bnd designated by the Board and shall be with-
drawn only by ch eck, draft, warrantor other wri tten order signed by the
Treasurer and countersigned by the Ohairman or Vice-chairman of the
District. The Treasurer, Ta~ Assessor and Tax Collector, before entering
upon his duties, shall execute to the Governor of the State of Florida,
for the benefit of said District, a good end sufficient bond, to be
approved by the Clerk of the Vircuit Court of ~inellas County, Florida,
in the sum 01' Five Thousand Dollars (~i~5 ,000 .00), wi th a qualified
corporate surety, oonditioned to faithfully perform his duties as such
Treasurer and to aocount for all fund, monies 'and property to come into
his bands as such Treasurer, Tax Assessor and Tax Collector. All
premiums payable to such surety on such bond shall be paid from the
funds of the Distriot.
Section 7. The BOBrd may provide far the construction, within the
District, of seawalls, beaoh erosion groin systems, drains, fills and
appurtenances thereto and may issue special improvement bonds or certificates
the proceeds froIll the sal e of whic h s all be used ror the purpose of pay ing
the costs of such conttruction, and may provide that the principal and
interest of such improvement bonds or certificates Shall be paid by levy!ng
and collecting speciol assessJrents on the a bu tting property a nd any other
property within the District that is of sufficient proximity to suoh
improvements to receive benefits or protection therefrom, including londs
owned by the City of Clearwater, reg8~dless of whether the same is or is
not contiguous to s aid improvements. Said Board may further provide for
the assessment of and may collect on all taxable property in said District
an ad valorem tax up to, but not exceeding, two mills on each, one dollar
valuation of taxable property, as from time to time fixed by the Assessment
roll of the City of Clearwater, far the purpose of creating a maintenance
fund for the maintenance and repair of any and all suoh improvements.
Said Board m~ also provide far the construction of, in said District, a
system, or systems, of beach erosion groins and may, upon approval by its
qualified electors as provided in, paragraph D of Section 4 hereof, i~sue
Geaeral Obligation Bonds, the proceeds from the sale of whioh shall be
used to pay the construction costs of any such system, or systems, of
groins and may provide for the levy of an ad valorem tax on all taxable
property in said District, sufficient to pay the interest and principal of
such bonds, and said bonds may be made payable serially over 8 period not
to exceed twenty (20) years.
In the issuance of any Special Improvement bonds 'by the District,
based on special assessments against property, the Board may provide that
in the event the Board is unable to collect its said special assessments
at the times and in the manner ne~essary to pay the principal and interest
on such bonds when due, then in such event the Board shall levy and, collect
on all taxable property within said District an advalorem tax sufricient
to raise revenue sufficien.t to meet the terms and conditions of said
bo nds .
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Section 6. Speoial Improvement assessments against property in said
distriot for the construction of seawalls, groins or other Dnprovements
herein authorized shall be assessed on the property in proportion to the
benefits or proteotion derived therefrom, and for the ,purpose or providing
an equitable method of assessing properties so improved or prot~cted the
Board may prescribe and establish special assessment zones including and
or in the proximity of said improvements, and may determine tpe, benefits
v thereto and the proportionate part of the cost of such improvments that
shall be borne by the properties in each zone. Benefits from installation
of seawalls ,groins and other improvements shall be determined and pro-rated
according to the frontage or the area, or both the frontage and the aree
of such properties in the discretion of the Board, and in proportion to
such benefits. In assessing special benefits derived from fills and
drains behind the seawalls, each parcel of property shall be charged and
assessed rmth the cost of all such fills and drains actually ~ade on such
property.
Seotion 9.. The Board shall not construct seawalls or groins on any
property that is already adequately protected by steel concrete or o~her
permanent seawalls and groins that can reasonably be asswmed to last
twenty (20) .yeors or more, and no property so protected shall be assessed
with special assessments to defruy the expenses of construction cost of
other seawalls or groins in the vicinity thereof.
Section lO.~lhenevar the Board shall deem. it advisable to construct
seawalls, drains, fills, groin SJS'[jt;lltS, yublio piers or their appurtenances
upon or abutting publicly Jwned property, said Board may issue General
Obligution Bonds of the District, the proceeds from the sale of whioh shall
be used t,o pay the construe tion costs 8Ilrl sO-lid Bonds may be made payable
at suoh times.as the Board shall detennine and the board shall have the
power .to levy on al~ taxable property in said District an ad valorem tax
suffioient to pay the prinoipal and interest or any suoh bonds so issued,
as said principal and interest becomes due, Said Board shall also have '
power 'tople.dge and ~pply all or any part of anyreut or other revenue
" ."whioh it 'may. reveive trom"the operation of pUblio piers, wharves, dooks
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Section 16. At the time and place named in the said notice, the Board
shall meet to hear and consider any and all complaints as to special assessments
filed in accordance with Section 15 of this Act, and shall adjust or deny
such claims on a basis of right and justice, and. 'When so adjusted or denied
and the assessment roll is approved, such assessmen~s shall stana a~firmed and
be and remain legal and valid and binding liens on the property against which
such assessments are made.
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ship channels or other properties operated by it to poyment of principal or
interest on any bonded debt or other debt which it may own.
Section 12. ~Jhenever the Board shall deem it advisab1e to oonstruot
seawalls, groin sys~ems, fills, drains, public peirs or other pUblio improvements
in the District and issue Spec~al Improvement Bonds or oertifioates, General
Obligation Bonds or Sveoial Revenue Certificates. or Bny oombination thereof,
under the provisions 01' this Act, it shall first heve prepared plans and
specifications and estimates 01' the costs of the propesed improvements, and
thereafter the Board shall designote the portion of proportions of the Distrct
to be improved or protected by said improvements. The Bo~d shall a1so
desiglwte the monner in whioh any and all suoh speoia~ assessments or general
assessments to be made by it ere to be made, and when such assessments are to
be pE,lid.
The plans and speoifications and estimate o~ the oosts, as hereinbefore
mentioned, shall be filled wi th the Ci ty Clerk ot: the City of Clearwater, and
shall be open to public inspectiol1~ T:leBoard shall not, adopt 8 resolution
for the construction of any such public improvements until the plans and
specifications and cost estimclte have been on 'fi1e with said City Clerk for
a period of not less ~ft8B,than.one week.
Seotion 13. In determining the costs of any suoh proIlosed improvements,
it shall be the duty of tlw Board to include the cost of braoes, reinforoe-
ments, piling, protection or oonstruction of runways, steps, wiAgs or returns
at the ends of seawells, necessary fills behind the sea~alls to bring the
property up to grade, interest on bonds, improven:ent oart! fi cates or revenue
certificates during the period of construction, advertisements, clerica~ ~ork,
books, records engineering fees, attorneys' fees, Co~rt costs and all other
neoessary costs and expenses.
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Seotion 14. In determing to construct any improvements suoh as herein-
before enumerated and provided for~ the Board shall, by proper resolution,
take all the neoessary steps for the issuance of improvement certif1cates,
bonds or revenue certificates in the amount or amounts provided in said '
Resolution, of such denominations, bearing suoh rate of interest, becoming due
in such time, not later that 20 years from date, and upon such conditions as
may be determined in ony by such Resolution. Such Resolution shall provide
for and state the sources of revenue from which the principal and interest
of any such improvement certificates, bonds or revenue certificates ahall b~
paid.
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Secti on 15. After the adopti OIl of a Hesoluti on as provided in Seo ti on
14, the Board shall cause to be made as promptly as possible an assessment
roll which shall show any and all lots or parcals of land specially assessed,
the amount of the assessment against each lot or porce~ of ~and, the number
of annual installments in which the assessment is divided, and shall then
oause a copy thereof to be )ublished one time in a newspeper of general cir-
culation in the Ci~ of Clearwater, Florida. In the ~ublication of such assess~
men troll, public noti ce shall be given of a time, no t less then ten days
from the date of such public8tion, and place where complaints will be heard
in reference to said assessments and when the assessment roll will be finally
confirmed by the Board. Any and all complaints based upon said assessment roll
shall be in writing, signed by the complainant, and fi1ed with the Treasurer
and Collector of the ~istrict, to-wit, the City Treasurer and collector
of the City of Clearwater at his office in the City Hall, Clearwater,
Florida, at least five (5~ days before the time or meeting stated in the said
notioe of said meeting. The basis of said ~ritten complaints shall be clearly
stated therein. .
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Section 17. All special assessments levied 1'or the improvements herein
authorized shall be payable by the owners of the property, against which said
assessments are made, to the Treasurer and Colleotor o~ the District, in the
manner stipulated in the prooeedings provided for said special bssessments,
and the said special assessments shall be and remain liens superior in dignity
to a~l other liens except liens for taxes, unti1 paid, from the time of the
assesament upon the re~pective lots and paroels 01' land assessed, and said
liens shall be equal in digni~to liens for taxes, and said special assess-
ments shall bear interest at the rate fixed by the Board on the balance
remaining from time to time unpaid, and the sale of said lands for non-
payment of taxes shall not extinguiSh said liens.
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Seotion 18. Eaoh annual installment on special assessments shall be paid
on the date speoified, together with the interest on said installment and the
balance of said assessment remaining unpaid, and. upon the failure 01' an.y
proper~yowner to pay any installment of principal 01' interest,. "o'Jhen due,
then .'the ,Board shall cause to be brought the neoessary ~oreclosul'e proeeedings
~o enforce payment thereof, together with all legal oosts incurred, including
a ~eas6nable attorney's fee, to b& adjudicated and assessed as part of such
";'~'.<:il'",: ,,:: oost~ j 'aI14 '.in the ,ayentof def'aul t in the payment of anY' Ilrinoipa~ or interest
:(~'~<~.i:;::",~':.inst81:J.Die1it ton 'said assessments, when the sfIIle beoomes due, the 'Whole assessment
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CITY OF CLEARWATER
crIT COMMISSION MINUTES, ld:?RIL 14, 1947
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witij interest thereon, shall immediately become due and payeble~ and subject
to foreclosure. In the foreclosure of special assessments, servi~e of process
ag~inst u~nown or nonresident defendants may be had by ~ublication as now
prOVided by the law in otller chancery sui ts. The forecl os ure proc eedings shell
be proseouted to sale Hnd a.onveyance of the property involved in said pro-
oeedings as provided by law in suits to foreclose liens.
Section 19. If any special assessments made under the provisions or this
Aot shell be, ~ither in whole or in part, annulled, vacate4, or set aside by
any Court of competent ju~risdiction, or if the Board shall be satisfied that
any such assessment is so irregular or defective th~t the same can not be
enforced or collected, or i1' the Boord shall have omitted to make suoh assessment
when it might have done so, the .tJoerd is hereby authorized and required to
take all neoessary steps to cause a new assessment to be made against the
property bene:ri tted, :roll ON ing as nearly as may be the pro vi sions of thi s
Aot; and in ca~e such second assessment shall be annulled, the Board may obtain
or make other assessments until a valid assessment is made.
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Section 20. Any informelity or irregglarity in the proceedings in connection
with the levyi~g of any special assessment or any advalorem tax uQder the
provisions of this l~ct, shall not af1'sct the validi ty of' the same men the
assessment roll has been approved or confirmed by tbeBoard, and'tbe assessment
roll, as finally approved and confirmed, shall be competent and suff'icient
evidence tha t the assessment was duly levied, thut the same was duly made end
adopte<:i, and that all other proceedings ad~qua te to the aeoption of the said
assessment roll were duly had, taken and performed as required by this Act;
and no variance from the directions herein shall be held material unless it
be clearly shown that the part~ objecting was materially injured thereby.
Section 21. After having finally adjusted and approved the special
assessments against the improved or benefitted property as herein provided,
the Board shall, b~ Resoluti~n, provide for tIle issuance of Speciel improvement
certificates or special improvement bonds. The entire proceeds from the
special .i.a~sessments, shall bepledged .for the payIJ).ent of principal and
interest of the said improvement certificates or improvementbb.onds. The
form of said certificates or bonds shall be detennined by Resolution of the
Board, and the same shall mature serially or otherwise as the Board may de-
termine, and the Board may reserve tl~ option to redeem all or any part of
said certificates or bonds prior to maturity; all of which shall be set forth.
in said Resolution. The maturity date of such certificates or bonds shall
not be longer that 20 .years from tlle date tllereof.
Section 22. All improvement certificates, special improvement bonds
general obligation bonds or revenue certificates issued under the plDvisions of
this Act shall be advertised for sale on sealed bids, when advertisement shall
be published onoe a week for two weeks in a newspaper of gen5ral oirculation
published in ~inellas County, Florida. The Board shall not sell the said
improvement certificates, special improvement bonds, general obligation bonds
or revenue certificates for less than ninety-five ner cent(95%) of their face
value, and if they are not sold pursuant to said advertisement, they may be
sold at private sale at any time after the date advertised for the receipt
of sealed bids, provided that no private sole shall be made at a ~rice lONer
than the best sea led bid. Prbvi ded, however, the t such improvement
certificates, special improvement bonds general obligation bonds and revenue
cer~ificates Dlay be sold at any time to the Reconstt-uction Finane e Corporation
or other governmental agency at private sale and without advertisement.
Section 23. All ulprovement certificates, special improvement. bonds,
general obligation bonds, or revenue oertificates issued by the District shall
be signed by the Chairman and Secretary of the Doard.
The coupons, if any, shall be executed by the facsimile signatures of
said officials. The delivery of said improvenent certi~icates, speoial im-
provement bonds, general obligation bonds, coupons or revenue certificates
shall be v~lid, althOUgh, before the date of delivery, any such of~icials
signing the same, or the coupons, has ~8cated his o:rfice.
. Sec:tion 24. l>rior to the awardirg 01' any oontract for tb~ construc'tion
01' any of the improvenents he rein authorized, it shall be the duty o:f the
Board to give notice inviting bids on plans and specifioations, whioh
noticeihviting bids on plans and specifications, which notice shall be
published once each week for two successive weeks, in a newspaper of general
oirculation, published in Pinellas County, Florida, and the award shall be
made the lowest responsi ble bidder. It shall be the dll ty of the Boa I'd to
require a bond from the successful bidder in general conformdty to the laws of
the state of Florida with re:rerence to contraotor's bo~ds on 9u~li~ works.
Section 25. This Ac~ shall be construed as a comulative authority for
the construction' of the improvemen ts herein authorized, and to provide an add-
itional method, and shall not be construed as repeal~ng any existing laws
providing meth~ds, ways, and means for such construotion, excepti~ ~n~y as
provided in Seotion 1 hereof.
Seotion 26. The owner of any parcel or land agaiast 'Which special asn-
sessments are made under the proVisions of this Aot'may pay" the prinCl11?al ot.
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the e~re assessment at any tin~, together with accrued interest up to the
time of such payw.ent, and after such payment the suid pure el at' land shall
thereupon be discharded from soid speoial assessment lien.
Section 27. All of the funds authorized for the payment of principal
and inrtr.erest of improveme nt certi fi oates, gencral revenue bonds, special
improvement bonds or revenue certif'icates sha 11 be used for tiwt purpose,
and it shall be unlawful to use any part thereof for any other purpose.
Seotion 28. In the issuance of Bny bonds, special improvement certificates
or revenue certifioates, should an eleotion be required under the provisions
of S eo ti on 6 of Arti cl e 9 of the Inori da State Cons ti tution, Ohapter 103
of the Florida Statutes of 1941, or any other general law, then the Board,
before issuance of any such securities or obligation shall comply with such
provisions of the Uonstitution ond general Laws by the holding of such election
or eleotions os shell be provided for by said Constitution and general Laws
and the costs of holding any such el actions sh~ll be included by the Board v'
as a part of tha incidental costs of the issuance of such bonds, special
improvement bonds, improvement certificates or r~venue certifioates as may
be issued as a result of such election or elections and should the qualified
electors voting in any such eleotion fail to approve the issue submitted,
then such fact shall in no wish prevent the Boord from re-submitting the same
d.ssfle to the voters in another eleotion to be called at any time. Participation
in any election held" under the terms of this Act shall be limited to qualified
electors of said District in the State of Florida who are freeholders in the
District hereby created.
Section 29. Should any clause, sentence, part or seotion of this Act be
deolared unconstitutional or invalid by any Court of competant jurisdiotion,
the seme shall not effect the valid portions of theAot, it being hereby
specifically declared by the Legislature that it would have enacted the remaining
valid portions irrespective of such invalid or unconstitutional portions."
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Section 30. It is hereby declared that it is the intention of the legis-
lature that any and all Jurisdiction and powers in this Act granted to the
Cl.eerwater Beech Erosion District which Bre the same or similar(,to powers end
jurisdiction now vested in the City of Clearwater in Pinellas County, Florida,
may be exercised concurrently by both said Distriet and theCity of Clearwater,
or separately by either said Dist~ict or said City.
All laws and par.ts of raws in conflie t herewi th are hereby
Section 31.
repealed.
Section 32. This Act shall take effect immedi ately upon its passage. and
approval by the Governor, or upon its becoming 8 law, without such approval
by the Gov ernor .
RESOLUTION NO.
o
WHEREAS, the members of the City Commission of the City o~ Clearwater are
cognizant of the important to all citizens of said City of formUlating a practical
and workable overall plan to protect Clearwater Beach Island from stonns and beach
erosion and the importance of making said public improvements on said Island that
will continue it as the greatest attraction am pUblic asset of saidCity;
AND \VHEREAS, the accomplishment of such objectives have proven impracticable
under the teDns of Chapter 23, 213 Laws of Florida. 1945_ whioh Legislative Act created the
Clearwater Beach Sea Well District and prescribed its territorial limits and powers;
AND VlliEREhS , it seems desirable a nd in the public interes t :the t., for the purposes
and objects above stated, a public municipal corporation with gre~ter territorial limits and
greater' powers ,be crea.ted':.:by:':i1h~; Legisl~ture of the State of Florida, to acoomplish
said objectives and that the Clearwater Beach Sea Wall District be abolished.
NOVi, THEREFORE, BE IT RESOLVED BY THE CITY C011MISSION OF THE CITY OF CLEARWATER,
FLORIDA:
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1. That this Commission hereby approves and endorses passage by the Legislature of
the State of Florida of the proposed Legislative Act hereto attached.
2. That the Hon. Henry S. Baynard, Member of the State Senate; the Hon. Archie
Clement, the Hon. James A. McClure, Jr. , and the Hon. Oharle s J. Schuh, Jr.) Members
of the House of Representatives of'the State LegiSlature, be, and they are hereby
respeotfully memoralized and requested to introduce and actively suport passage o~
said proposed Legislative Act by the Legislature of the State of Florida at its regular
session in 1947.
moved by Commission Crane, seoonded
same was Adopted this 14th
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Mayor-Co S oner -- --. -- -~
"l~DOPTION of the foregoing Re~olution was
by Oommissioner Wells and. upoh a vote being taken,
day of April, A.D. 1947.
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CITY OF CLEARWATER
CITY" COMMISSION MINTUES, APRIL 14, 1947
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The Hon. Mayor and Members or the
City Oommission '
Clearwater, Florida.
Gentlemen:
At a Speoial Meeting of the Clearwater Beaoh Progressive Assooiation,
held Monday, April 7, 1947, a resolution was passed expressing appreoiation
to the Seawall Commission for their efforts in bringing before the residents, pro-
perty owners and business men of Clearwater Beaoh an explanation of their
work and matters with whioh they are faoed at the present time. The Clearwater
Beaoh progressi va Assooiation further endorses the prooedure in whioh the Seawall Com;,.:~,'.}" . .'-,
mission is endeavoring to broaden their powers through am~ndments to the Legislative
Aot under which they are now working.
The Olearwater Beach ~rogressive Assooiation has instruoted it's Seoretary to
notify you of this resolution.
RespeotfUlly submitted,
THE CLEARWATER BEAOH PROGRESSIVE ASSOCIATION
G. H. Fields, Seoretary.
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