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?, ,` ? CITY OF CLEr,13WATER ? '
' t"'? ? CITY COMMISSION MINUTES, AFRIL lt?, 1947 v '; J t4
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The City Commission mbt in special session the evening of April
1G., 1917 in the City Ha11 at 7:30 P.M, with the following m®bers
;;.?'? present: J. 0, lIouze, 4V. C. Wells, J. R. Crane and T. ?i. Johnson,
absent: Harry D. Sergeant. Also present were City Manager Boyd A.
Bennett, City Attorney Geo. W, Smith and Chief of Police, J. J. Elliott.
Mayor Howie stated that the purpose of the meeting was to consider
the recommendation of the Clear+raater Beaoh Seawall Commission.
Commissioner Crane reporting for the Committee recently appointed
to make a study of the Seawall Commissions recommendation, rend a
resolution reconunending passe??;e by the legislature of a special act
abolishing the Clearwater Beach Seawall District and creating in ita'
plane the Clearwater Beaoh Erosion District. This resolution and
legislative act;is set out in full below. It was moved by Commissioner
Crane seconded by Commissioner PJells and unanimously carried that the
resolution and special pct be appxoved.
There being no further business to come before the Hoard the meeting
was adjourned.
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�ITY OF CZEAR4VATER
COr/IlVITSSION ME�TTNG 1JIIDTtFP�S, A�PSI� 14, 1947
AN 1�CT TO IiBOLISH TFiE I'UBZTC MCTNIGIPAZ CORPORATION IN PINELLAS COUNTY
FLORIDA� KNOWN EiS "CI.�F,ARVlnTt+.-'R. BEAi:H SEAYJI�LL DISTRICT"� TO 4R�KTE AND
EST?�BLISH A PUB'LIC MLlI3ICIPI�Z CORPORATION TO BE KNOWN !�S "GLEAR�"1�TER BEACH
EI20SION DISTRICT": IN PINLLLAS C�?JNTY, FZORIDA; TO VAI,IDATE � COI�TTRACTS
OF SAID CLEAR�IJATER BEACH SEAy`IALL DISTRICT A?VD PROVIDE FOR TI� SUCCESS-
IORT OF SASD CONTRt�CTS TO THE �TCLF..EiR;'(ATER B�CH EROSION DISTRICT; TO
RI'GUZl�TE THE BRINGING OF SUITS AGAINST SAID CLEIiFPlIATr'� BEACH EROSION
DISTRICT, AND TO FIX f1ND YR�SCRIB�, THE Tr�?FtITORI�IL I,IlvSITS, JURISDICTION
kND P01YEF�S OF S��ID CLEARVdLi.TL+'R BtJkCH EEZOSION DI,STRICT kND THE J'URIS�ICTION
AI�7D POV'7ERS OF I`I.'S OFFIC +I,F' 2.^� � AND REPAyyLIIdG CFit�PT +�. 23213 OF TI3r, l�CT.S OF
1945.
Bi IT �IdaCTL+D BY 'TIiE LEGIST�E�TURE OF TfiE STkTE OF FLORIDAs
Section l. That Chap�,er 23213 of the Acts of 1945, is hereby repealed
and the Public IvTunicipal Corporation in i;he Cou�zty oP Pinellas, kn.own as'
"Clearwater Beach Seawell District," is herebv abolished and a Public
Municipal Corporation to be known as "Clearwater Beacb. �rosion Dist�iet"
in Pinellas Qounty Florida, is hereby created and established to sucs:eed
such former Public I�!lunicipal Corporation ir_ Pinellas Gounty, Florida. The
Clearwater Beach Erosion District hereby ereated and established sl�all
eiebrace and include all that �erritior'y.�"situated and �eing in Pinellas County
Florida, described as follotivs; to-wit:
Begi.nning a�t a point 96% feet north of the southtqest corner oP the
n�rthwest quarter of the northeast quarter of Section 21, Township 29, Souttz
RGnge 15 East, and run south 631� feet, thence run east to a point 30
feet west of �he east boundary of �he said northwest quarter of the north-
east quarter of said Section 21, thence south 363 feet, thence west to a
po_int 1a.55 feet west of the east boundery of tLe southwest quai•ter o;: the
nortl��east quarter of Section 21, TaNnship 29 South, Range 15 east, said
point being in center of "A" Streei; and Fourth _4yen.ue, prolonged acc�rdi.ng
to the map of Belleair, run thence south 305 �eet to center of 'Bt* Street,
thence run east along center of 'tB" Street 316 ieet to the center oi a�i
allep, the�ce xun south along canter oP elley 600 feet to the eenter of
f'D" Street, thence east 109 feet to the west line oz Forth Harrison Iivenue
known as '�hird livenue, as per said map o� Belleair, thsnce south along the
v�est line of Forth Aarrison Avenue e$tended to the �orth boundary of �he
sou�hwest quarter o� the southeast quarter aP said Section 21, -�hence east
to the northeast corner of'the said southwest cuarter of the southeast '
quarter of said Section 21, thencs south one-fourth of a.mile to the south
boundary oi' Seotion 21, Tov�nship 29 Sou�Gh, Range 15 East, thence east to
the soutiieast corner of the soathwest quarter of Sectior_ 22, Tawnship 29
South, Range 15 East, thence north to a p�int 330 �eet s outh of �e north-
west corner of the southwest quarter of the southeast quartr�r oi Seetion
15, Township 29 South, Range 15 �as:t, thence e�st aleng a lsna .:unning
330 feet sputh �f' and parallel to Druid Road to a p�int in Section 18,
Tov�nship 29 Soutli, Range 16 East, said poin� being 330 feet east of the east
line of Section 13, Township 29 Sout�, Range 15 East, thence north a long a
line ruri.ning 330 feet east oi and parallel to Be�cher Road to a point 330
feet south of the east and west center line of 8ection 18, Township 29
South, Range 16 East, said point bei� 330 feet south of the center line of'
Gulf to Bay Boulevard, thence eest aTong a line running 330 f eet south of
and paxalle]. to the center line of Gulf to Bay Boulevard to a line in Old
Tempa Bay dividing the Counties of' Pinellas and Hillsborough, thence north-�
erly elong said line aim.aing said Counties to a point east of a point 660
f�et vaest of t�ie center of Section 9, Toivnship 29 South, t2ange lb East,
tl�ence west to a point 660 feet west of the centar of said section �,
Township ?9 Sout3�, R�nge lb East, thence south ta the southwest corner of'
the northeas�E quarter of the northeas�E qa�arter of the southwest quarter of
said Section g, thence east to the southeast carn�s of the northesst quarter
of the• nortlioast quarter of the s outhv�est quarter of said Section 9, thende
south to the south�uest cornar of the northwes� quarter of the southeast
quarter of seid Section 9, thence east to the point �ormed by the intersection
of the so u�Lh line of Del Oro Groves Sub divisi on wi�th the west boundary line
of Bay Shar�e Bouleverd, theirce southerlv along the tuest bou:ndary lirie of
said Bay Shore Bouleg�rd to a point 330 feet north o� the east and west
center line of Section 16, Towns:hip ?_9 South, Range 16 East, thence �rest
along a line ruiinin� 330 feet north of end para].lel �to the center line of '
Sections l�i, 17 and 1$, Township 29, Sout�, Range 16 �s.st, (said center line
veii� the center line of the Gu1f to Bay Boulevard) to a point in Section
13, Township 29 S�uth, �ange 15 �ast, 330 feet North of the center of said
Section 13; i�hence nori:h to the center of Section 12, To<<anship 29 South, .
H�r_ge 15 East, thence west to i;he cen�ter of Section 10, said Township and
range, thenco north to the northwest corner of the northeast quarter of
section 3, Township 29 South, Range 15 East, thenc e west to the northwest
corner of Seation l�., s�id township and range, ssid northwast cornei� of
Section Li. bein� in the waters of • Clearwater Harbor, thenc.e in a north-
westerly direction through the waters of Glearwater Harborand Big Pass to
the intersecti�n of the low tide line of the Gulf a�' Mexia o on the northwest
point of' Olearwator ILe�=, thence west into the waters of the "Gulf of �exi.Go
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�o •the territorial limits of tna Sto-te o� F"lor'ida, thence sautherly along
, said territorial, limits through the �vaters of the Gulf of Naxioo to a;�point
dus �vest from �the point of begi.nni� thenca east to the poin� of beginning;
also the followitag described tract of land, to-���it:
The southeast quarter (SE�) of the northesat quarter (NE�) of Section
10, Township 29 South, Range 15 Eas�t.
Section 2. That the title, ri�ht and ownershi,� o� property, dues,
claims, judgmen.ts, decrees and choses in action, held or owned by the
Clearwater Beach Seativall Distric`?. Sha.11 pass to and be vested in the
Clesrwator Beach Erosion riStrict being crested and establiahed and the
contr�cts hexetofore entered into by seid Clearwrater Beaoh Seawell Dis+riet
shall remai� in force �and be binding upon said Glearwater Beach Erosion
District.
Section 3, The inhabitants of th.e Clearwater Beech Erosion Districst,
residing within the terri tory hereinabove d:esc'ribed, shall c'ontinue to be
and are hereby constituted � body politic and corporate, and by and under
said name.
Section l�. Said Glearwater Beach Erosion D�strict (A) shall have
perpetual sucCession and shall o�vn, passess and hold all property, real
and personal, heretofore owned posses"sed or held by said Clearwoter
Beach Seawail District, and shall ass.ume, manage and dispose of all trust
in any v�sy connected there�vith,
(B) I�Iay sue and be sued, plead and be impleaded in a11 Cc,urts and
places, and in all manner and proceeding and may have a common seal and
change the same at its plessare; may purchase, hold, receive and enjoy,
or sell and dispose of, real and perso.nal proper�Ly.
(C) E�ay receive bequests, give donations ofwall kinds of property
in fee siniple, �r in trust of publi�;, �harecter, or other purposes, and
do all tnings and act� necessar,y to aerry out, t;he purposes, and do all
things and acts necessary to carry out the purposes of such gii'ts, �e-
- quests and donations, with power t� manage, sell, lease or otherwise
dispose o�' the same in accacdance with the gifts and bequests.
(D) �hall have the power with�n its territorial limits to construct,
condemn, purchase, lease or maintain, conduct and operate pub]_ic piers,
�vhasves, warehouses, ship channe'l, breakwaters, jetties, seawalls, groins
and drains and their ap.purtenances for the use of saicl District �nd its
inhabitan:ts and to make contracts in connection there�vith, and shall
enforce s uch psrchase, if necessary, by eminent domain: pr�ceedings, and
shall have the right and p4wer to issue bonds far any of' the aforesaid
gur�oses �nd for reiundi�g any indebtedness upon a majqrity vo te of�all
elec•tors actually voting at any bond ele�tion in which a maj ority of tha
freeholders in said District participate, provided that no electar shall
par�icipate in any bond election who isnot a free holder in said
District and v�ho is not othertlise qualif ied as a voter therein; pro-
vi ded al so, tha t the maximum amoui?:� to whi ch s ai d Dxs tri, et may bond
shall not exceed twenty-five percent of i�s assessed valuation as from
tirae to �c.j:me fixed by the assessment ro1l of the City oi Clearwater.
(E) NIay contract and be contracted w ith in regard to all matters
and things.
(�') Shall have all power conierred upon Public IvIunicipal Corporr�ions
by General Laws �f the State of Florida, when not incons,istent with the
, provisions of this Act. �
(G) Shal.l ha�e power to levy anGd valorem tax on all taxable property '
in said District fo� the. purpase of paying the principal and interest
on any general obligation b�nds issa�:�d for the above purposes.
Secti�n 7, The corporate authority of said Clearw�ter Beach Erosion
Dis�rict shall be vestsd in a�oard oi' three mem.bars, one of whom sholl
be the Ch�isman of said Board, and said Board tivhall be known as "Clearwater
Beach Eroaion Board,'r Said Ghai'rman shall be selected by;;a majority
vote o� themembers oi said baard and shall serve as such chairman during
the pleasure of said board. Said Board shall also have a�ice-chairm�n
�nd a Sec;retary, such of whom shall be seleeted by a majority vote oi the
mea�:bers of sazd Board and shall serve during the pleasure of said Board,
The said members of said Board shall hold, o�fice for a term of three
ye�rst and until his suecessor is appointed and qualified, and the
present Conmissioners of the Clearwater Beach Seavaall Distriet ero hereby
made the members �Y said Clearwater Beaeh Erosion �oard, and the term of
eadh member shall expi:re at the same time said term would have expired
at tha same time said term would l�ave expired if said Clear�rlater Beac9n
� Seawall District had not been abolished. Vacaneies on the Glearvaater
Beach L+'rosion Board occurring bq reasan of' expira'tion of term of offica
i oi' otheP cause shall be filled by appointment of inenbers by the Gity
Conmission o� theCity oP Clea�v�eter Clearw�ter, Florida. If, for any
,' reason, the City C�mmission of the �ity of Clearwater shall f ail to
appointmembers of the Clearvaater Beach Erosion Board, or i� sueh appoint-
= ment of such, aeffibers by said Gity Commission shall be held inval.id, then ,
the me,mbers �hall be appoin-�ed by the Governor oi' the State of Florida,
Said members of said Board shall serve withcut compensation,
Section 6. The City Txeasurer, Tax Assessor and Tax Collector of
, the Citg of Ciearwater shall be theTrsagurer, Tax A�sessor and Tax
Colleetor oi' theClearv�ater Beach Erosion District herebyT extabl.ished, and
��i,�es��.,� ��q.�r�t�i�.ri�� and duty �o deraand, receive and collect a].l monies
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CITY OF CI,F.,�R�;TAT�R
COAR�iISSION MEETING LIINUTES APRIL 11�, 194-7
due said District. ATl monies belonging tq the District shall be depositecl
to the credi�t of seid T3istrict in a B�nk, or Benks, in Pinellas County
Floricla, to be. oppraved and designated by the Board and �hall be with-
drawn only by chack, draf�t, w�rrant or other v�ritten order signed by the
Treasurer and countersigned by the Ohairman gr Vice-�ha.irman oi the
District. The Treasurer, Ta� Assessor and Tax Collector, before entering.
u�on his duties, ahall execute to the Governor of the State of Florida,
for the benefit of said District, a good and sufficient bond, to be
approved by the Cler� of the �ircuit Ccurt of Pinellas County, Florida,
in the sum of' Five Thousand Dollars (�5,OQ0.00), with a guaTifisd
corporate surety, conditioned to faithfully perform his duties as such
Treasurer and to aeaount for all fund, monies.--and property to come into
his Y�ands as such Treasurer, Ta� Assessor and Tax Coll.eetor, All
premiums payable �o such surety on such bond shall be paid �rom the
funds of the District.
Section 7, The �oard may provide for the constz�uction, within the
District, of seaw�lls, beach erosion groin systems, drains, Pi11s and
appurtenances t,hereto anci may issue special improvement bonds ox certificates
the proceeds from the sale of which sall be used Por the ,purposE of paying
the costs of such coni�xruction, and m�y provide tl�t the pra:ncipal and
intere�t of such improvement bpnds or certiil catessha;Ll be paid by levy�ng
and collecting special assessments on tbe abutting propert;� and ary other
property within the District tha� iB of sufPicient progimity to such
improvements to receive benefits or protection therefram, including lends
o�vned by the City of Clearwoter, rega�dless of whether the same is or is
not conti�uous to said improvements. Said Board.ma� i'tzrther provide �'or
the assessment of and may collect on all taxable property in ssid District
an ad valorem tax up to, but not exceedingf two mills on esch,one dollar
valua�ion oi taxable property, as from time to time �igeri by the �ssessment
roll of the City oi Cleorwater, ior the purpose of creating a maintenance
fund Pox the maintenance and repair of any and all such improvements,
s�ia Boara ma,y aiso prov5.de fcm the constri�ction of, in said District, a
system, or systems, of b Each erosion groins and may, upon approval by its
gualified electars as �o�iaea in.paragraph D of Seetion 4 h.ereof, i�su�
Ge�eral 0bligation Bonds, the grocee3s irom the sale of wb.ich shs1T be
used to pay ttie construction costa oP any such system, or systems, of
groins and may provide for the levy of sn ad valorem taa on all tasable
property in said Distriet, sufficient to pay the interest and principal of
such bonds, and said bonds may be made payable serially over ;a period not
to exceed twenty (20; years. -
In the issuence of any Special Improvement bonds'by the District,
based on special assessments against property, the Board �ay provide that
in the event the Doard i� unable to collect its said special assessments
aL the �imes and in the manner ne,cessary to pay the principal and interest
on sueh bon�s �hen due, then in such event the Board shall levy and collect
on �ll taxable property aa�ithin ssid District an advalorem tax sufficient
to raise revenae sufficient to meet the terms and conditions o� said
bonds.
Section �. Speciai Inprovement assessments against property in said
district for �the constructio� of se9walls, groins or other improvements
herzin authorized shall be assessed on the property in proportion to the
benefi�s or protection deri�ed theref�om, and for the ,purpose of providing
an equitable methad of ass�:assing properties so improved or protected the
Board may �irescribe and eatablish special assessmenti zones including an�i
or in the proximi�y oi s�id improvements, and may determine t�e,beneYits
� thereto and the propartionate part of the cost of such �mprov�ents that
shall be borne by the properties in each zona. Benefi�s from installation
of seawalls, groins and other improvements shall be determined and pro-rated
according to -che fron�age or the area, or both the frontage and the area
of such ,properties in the discretion of the Board, and in proportion to
such benefitss In assessing special benefi ts derived from fi lls and
drains behind the seawalls, each pareel of property shall be charged and
assessed V�r�.th the cost of all such fills and drains actually made on such
property.
Section 9. The Board shall not construct seawalls or groins on any
pronerty that is already adequately protected by steel concrete or b�her
permanent seawalls and gr�in� tliat.can reasonabl5 be assumsd to last
twentg (20).yaars �r more, and no property so protected shall b e assessed
with s}�ecial� assessments �o defr�y the expenses of co:�structi�n cost of
other sP�walls or groins in the vicinity thereof.
Sec�ion 10. ��henever t,he Board shall eteem it advisable to construc+,
seawalls, drains, fills, groin s�stie�us, �ublic piers or� their appurtenances
upon ar abuttir.g publiely at��rned proverty, said Board may issue Ganeral
Ob1i�;�tioil 13onds Uf tt�� District, the proceeds i'r�m the, sale of v�rhich shal].
be used t� pag the canstrv� tion costs and said Bonds may be made pay�ble
at such timas.as the Board shail dete.nnine and the board shall have �he
power to levy on a11 taxable property in s eid District an ad valorem tax
sufficient to pay the F.rincipal and i.nterest of any such bonds so issued,
as said princip�], and interest becomes due� Said �oard shall also h�ve
power to pledge and r�pply all or any part of any rent or other revenue
whiclh it inay re�eive from the oporation of public piers, wharves, docks
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ship channels or other properties operatad by it to payment of princi�nl ar
interest on any bonded debt or other deot which it may own.
Section 12. y�`henever the Board shall deem it advisable to constr�ct
seawalls, groin sys��s, fills, ar�ins, public peirs or other public improvements
in the District and issue Spe�ia.l Improv��nt Bonds or aer�.�.ficates, General
Obligation Bonds or S�ecial Rever�;ue �erti�catas, or any combination thereof,
under the provisions of this Act, it shall �irst have pr�pored ��lans and
specii'iec�tions and estimates of the costs of tha groposed improvements, and
thereaftar the Board shall dosign�te the portion of proportians of the Distrct
to be impr.ovad or protected by seid improvements, The Borard shall also
designata the manner in which any and all such special assessments or general
assessments to be made b� it are to be made, and when such assessments are to
be paid.
T11e plans �nd"specifications f�nd estimete of the costs, as hereinbefore
mentionad, shall be filled with the Gity Clerk of the City of Clearwater, and
shall be ope*� to public ir�specti�n:: T�eBoard shall not adopt,a resolution
for the eonstruction efl any such public impn�rements until �the plans and
specifications and cost estimate have �e�n ��n file wi�h said City Clerk for
a period of not less t�l�e��;than,;one week.
Section 13. In determining t�e cos�s of any such proposed i:mproQements,
it shall be the duty oi the Board 'to include the cos� of braces, reinforce-
ments, pi�ing, prgtection or eonstruction of run�vays, stepss wings or returns
et the ends of seawalls, necessar?/ fills b�hind the seawalls to bring the
propert3* up to grade, interest on bonds, impmve� nt aer�ificates or revenue
certificates during the period oi" eonstruction, advertisements, clerical work,
books, records engineering fees, a�tarnej*s' fees, Co�irt costs and all other
necessary costs and egpenses.
Section 14. In determing to c�nstruct any :.r.�prnvem�;nts such as herein-
beioz�e enumeEated &nd provided for!j: the Board shall, by pro�r resolu�cion,
take a21 the necessary steps for the issuance of imorov�Ement cer�ifi cates, .
bonds or revenue certificat�s in the amount or am�unis provided in said
Resolution, af such �enominations, bearing such rate oi .interest, becoming due
in snch ti*ne, not later that 20 years from date, and upon such conditions a,s
may be dEtermined in any hy such Resolu�ian. Such Resolution shall provide
ior and state the saurces of revenue from which the principal and interest
of any such improQement certificates, bonds or revenue certificates ahall b�
paid.
Section 15. After the adoption of a Fiesolu�tion as provided in Section
11�, the Board shall cause to be made as prom�tly as possible an assessment
roll which shall show any and all lots or parcels of land specially assessed, '
the amount of the assessment against e�ch lot or �parcel of lan:d, the numb•er
o� annual installm.ents in vahich the ��ssessment is divided, and ahall tlh.en
cause a coPy thereof to'be �ublished 'one time.in a nev,rspaper of general cir-
culation in the Czty of Clearwater, Florida. In the publication of such assess�
ment roll, public notice shall be giv�n oi e time, not less then ten days
from the date of such pub�ication, and place where complaints will be heard
in reference to ssid assessments and when the assessment ro11 will be finally
confirmed by the Board. flny and all co mpla ��s based upon. said assessment roll
shall be i�i writing, sigr_ed by the complainant, a nd filed with the Treasurer
and Collector of the �istrict, to-wit, the City Treasurer and collector
of the Cit,� o� Glearwater at his ofiice in the City Hall, Clearwauer,
Florida, at least iive (5j days bsiore the time of ineeting state� in the said
notice of said meeting, The basis o�' said written compleints shall be clearly
stated thereino "
Section 16, At the time and place named in the said notice, the Board
shall meet to haar and aonsider 8�y and al� complaints as to special assessments
iiled in accordan�e with Section 15 of ta.i.s Act, and shall �djust or deny
such clai�s on a basis of right end justice, and when so adjusted or denied
and the assessment roll is approved, such assessmen�s sha11 stan� si=irmed and
be and remain legal and valid and binding liens on the property againsb which
such assessments are ma de. .
Sec�ion 17, Al� special assessraents levied for the improvements herein.
authorized shall �a payeble by the owners of the property, agains t w,hich said
assessments are made, to the Treasurer and Collector of the Distxict, in the
manner stipulated in the proceedings provided for said special, assessments,
and the said special assessments shall be and remain liens sup�rior in dignity
t,o a�l other liens except lians for �caxes, until paid, from the time o� the
assessment upon the resnective lots and parcels af ,land asseased, and said
liens sha11 be equ:al in dignity to liens for taxes, and said special as�eas-
ments shall bear interest at the rate �i xed by the Board on the balance
remaining irom tisne to time unpaid, and the sale of said lands for non-
payment of taxes shall not �atinguish said liens. .
Sectian 18< Each annual iiistalTment on specYal assessments shall be paid
on the date �s,pecified, together with the interes� on said instaliment and the
balance of si�id assessmen�t remaining unpaid, r��d upon the failure of any
property owner to pay any installment oP principal oi' interestr when due,
then the Board shall cause to be brought the necessar5 foreclosure proceedin�s
to enforee payment thereof, togethe.r with a11 legal co sts incurred, incl.uding
a reasonable attorney's �ee, io be �djudi_cated and- assessed as part of sueh
costs; ,and in t11e event oi default in the ;payment o� any princi��al or interest
installment on.�aid assessmonts, vrhen �h.e same becomes due, the whole assessment
, CTTX GF CLEARU�ATER
czrY cor�rrnrsszo�v rrtrTu�rF,s, �xzZ i�., i947
with ir,.terest thereon, shall i.mrnediately become due and pay'able� a�d subject
to �oreclosure. In i�he f oreclosure �f special assessments, servioe of procesg
against ur�nown or n.onreaident defenda�sl;s may be Y�ed by publication as now
provided by the l�aw in cther chancery suits, The foreclosure proceeding� shall
be prosecuted to s�le and no�nveyance o�' the property i�volv�d in said pro�
ceedir�s ;;s provided b� law in suit� to foreclose liens.
Section 19. If any special assessments made under the provisions o� this
Act shall be, ei�her in whole or in part, annulled, vacate�., or set aside by
�any Court of competent jurisdiction, or iY the Boasd sha11' be a�tisfied that
any such assessment is s.o irregular or defective thst the same can not be
enforced or collected, or if the Boerd shall have omitted to make such assessment
v!hen it �ight hsve done so, the �oard is hereby authorized and required to
take all necessary steps to cause a new assessment to be made agaznst the
property benefit�ed, follawing as nearly as may be the provisions of tiv.s
Act; and in ca�re such second assessment shall be anrulled, the �oard may obtain.
or inake other assessments until a valid assessment is snade.
Section 20, kny in%rmality or irregularity in t�ie proceedings ir connection
vaith the levyi:ng oi any special assessment or any advalorem zax u�j.der the
�s�ovisyons of this isct, shall not aff�c� the validity of i;he same v�.en the
a�sessment ro11 has been approved or eonfirmsd by t�eBoard, and�the assessment
roll9 as i'inally approved and confirmed, shall be compe'tent and sufficient
evidenc� that the assessment V�as du�.y levied, that the s�e was duly made a�d
adopted, and that a11 other proceedi:ngs adequate to the a�option of the said
assessment roll were duly had, taken and performed as required by this kct;
a�c3 no �ari�nce from tne directions herein shall be helrl material unless it
be elearly aho�vn that the part� objecting was materially injureii thereby.
Secti�n 21. xfter haFing finall� adjusted and approved ihe spe cial
assessment-s against the i.mprovecl or benefitted property as herein providad,
the Board shall, �� Resol�tion, pxovide far the issuance of Special i.mpro�ement
certificates or special_ improvement bonds. The entire proceeds from the
special .i�ssessmenta._sha11 bepledged -for the pay�.ent oi pri.ncipal and
interest of the said improvement certificates or improvementsbonds. The
form of said certificates or bonds shall be detesmined by Re�olution of the
Board, and the �ame shall mat�ure serially or otherwise as the Board may de-
termine, and the Board may reserve the option to rPdeem ell or any gart of
said c�rtiSicates or bonds pri�r to �aturity; all oi v�.ichs�all be set iorth
in said Resolution. The maturity date of such certificates or bonds �hall
not be longer that 20 �ears from tlie date tiiereof.
Section 22. kll i.nprovement certificates, special im�z� vement bonas
general obligation bonds or repenue certii'icates issued under tne provisi�ns of
this llct shall be advertised for sale on sealed bic�s, when advertisement sha11
be published onae a vaeek for two weeks in a ne�vspaper of gen�ral cireulation
published in Uinellas County, Floxi.da. The Board shsll not sell the said
improvernent certifieates, specisl improve�ent bonds, general obligation bond.s
or revenue certificates fbr less than ninety-five per cent(95%) of their �ace
valve, end if' they are not sold pursuan� to said ad�ertisement, they may be
sold at private "sale at any time efter the date advertised fox t�ie receipt
of sealed bids, provided that no private sale shall be made at a price lower
than the best sealed bid. Provided, hawever, that s uch improvement
c;ertificate�, special improvement bonds �eneral obligation b�nds and revenue
cer�ificates may be sold at any time to the Reconst�uction Finance Corporation
or other govexnmental a�ency at priv�ate sale and without advert�sement.
Secticsn 23. All improvement certiiicates, s�ecial improvement bands,
general obli�ation bonds, or revenue certificates issued by the District sha11
be signed by the Chairman and Secretiary of the �eard.
The coupons, if any, shall ba executed by the facsimile signatures of
said ofticials. The delivery of said �mprove�nt certificntes, special im-
provement bonds, general obligati on bonds, coupons or �evenue certificates
shall be valid, althougb., before tha date of delivery, an.y such officials :
signing the same, or the coupons, 11as �acated his office.
� Section ?_!�. triox to the awarding of any contract for the construction
of any of the improvements herein authorized, it shall be the duty of the
Board to give notice inviting bids on plans and specific�tions, wYiieh
noticei.nviting bids on plans and specifications, which notic� shall be
published once each week for two successive weeks, in � ne,uspaper of general
circulation, puUlished in Pinellas County, Florida, and the atvard shall be
mc�de tY�e lovJest reaponsible bidde�r. It shall be the duty �f the ?'oard to
require a bond from the successfl.il biddex in ganeral conformity to tt�e laws a�
the State of Florida with reference to con�tractor's bonds on �ub�.ic �vorks.
Section 25. This i�c� shall be construad as a eomulative au�Ghority for �
the construction of tho improvements herein auth�rized, and to ??rovide an odds
itional method, �and shall not be construed as repealmng any existing la�ys
provi ding methads, yvays, and means for such construc�ion, excepting �nry as
provided in Section 1 heroof.
Soction 26. The' owner o� any parcel or land ag�ainst which special as��-
sessments are �ade under the provisions af this �1et m�y pa� the �rincipel of
i �
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"P .��J ' . . ' � � . ' . .. . .
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the eritire asssssment at any time, togeth�r with accrued interest up to i;Y�e '
time of such pay�ent, and after such payment the said parcel of land shall.
thereupon be discharded fronx said soecial assessment lien,
Secti�on 27. All of the funds authorized for tY�s payment of principal
and iiu�erest of inlprovement aertifioa'tes, gen��al revenue bonds, speaisl
improvement bonds or revenue certifica�es shall be used for tllat ptiupose,
and it shall be unlawful to use flny par� theroof for any other purposs.
�ection' 28. In the issu�nce of any bonds, s�eCial unprovement certxficates .__-
or re�enue certific�tes, should an election be rec;uired under the provisions
bY Section 6 of Artzcle 9 �f the �'lorida State Coi�stitution, Chapter 1.03
of the I'lorida Statutas°of 19�.1, or any other gen$�e1 1aw, iihen t11e Hoard,
before issuance of any such securities or obligation shall co�ply with such
provisions of the �onstitution and gensral Z�ws by the holdir}; of such eleotion
or elections os shall be pro�rided for by said Constitution and general L�ws
and the costs of h�lding any such electio as shall be included Uy tl�e Board "'
as o part of the incidental costs of the issuance of su.ch bonds, special
improvement bonds, i.mproYer4ent certificates or revenue cert�.ficates as may
be issued as a result of auch election or elections and should the qualified
electors voting in eny such elec'tion fail to approve the issue submztted,
then: such fact shall i:n no wish prevent the Board from re-submitting the same
3;ssz�e to -the voters in another election to be called rat any time. Partici;�ation
in any election held'under the t ezms of this Act shall be limited to qualified
electors of said District in the State of Florida who are freeholders in the
District herebe created. �
Section 29. Should any clause, sentence, part or �ection oi this kct be
declared unconstitutional or invalict by any Court of competan.t jurisdiction,
the same shall not effect the valid partions of theA;et, it being hei°ebg
specifieally de�lared by the Legislature that it tivould have enacted the rexnaining
valid portions irrespecti�e of such invalid or unconstitutional portions:.
Seation j0. It is hereby declared that zt is the intention af �he legis-
lature'that any and all jurisdiction and powers in this Act �ranted to the
Clearwater Beach Erosion District which are the sene or similarc�to pawPrs and
jurisdiction now vested in the City of Clearwater in Pinellaw County, Florzda,
may be egercised eoncurrently by both said District axb'i theCity ��' Clearwater,
or separately by either said Dist�ict or said City. �
Section 31. All laws and parts of laws in c;onflict herewith are hereby
repealed. '
Section 32. This Act shall take effeat i.mmediately upon its pass�ge�and
approval by the �ovexnor, or upon its becoming a l�rw, without such appr�val
by the Governor .
RFsSOLII�ION N0.
WHE_.REAS, the members of the �i�y Commission of the Ci�y of Clearwc��er are
cognizant of the inporta�t to all citizens of said City of formulating a practical
and workabi P overall plan to proteat Clearvaa �er Beach Island from sto�s and: beach _.
erosion and the importance of making said public impravenents on said Isl�and that
will continue it as the greatest attraetion axrl public asset of'saidCit�;
�.ND �1�F,.:�sS, the accomplishment of su�h objec+ives have proven impracticable
under the term.s oi Chapter 23, 213 Laws of Fl�rida, 19�:5, which Legislati�e 1�et created the
Clearwater Beach �ea VTal1 Dis trict and prescribed its territorisl 13_mits and pawers;
AND°�'iF3EREL�iS, it seems desirable and in the public in�terest �hat, for the purposes
and objects above stated, a public municipal cor'poration with gre�ter territorial limits and _, j,
greatPr poV�e-rs.Ue.:cr��i;sd;b.y,a.�he.�I�e�islat,�sL of the �tate oP Florida, to accomplish ~
said objeetives and that the Clesrwater Beach Sea Wa11 Districti be abolished.
I30�'J, Tlir"�r'�'ORE, BE IT RESCLV''r�D �3Y` THE CIT`l CObt�I�SSION OF THE CITY OF CLEARW.ATER,
FL"ORIDA; '�•
l. 'That thas Ccmmission heraby approv es and endorses passage by the Legislature of i�
the Stata of Florida oi tk�e proposed Zegislative Act hereto attached, •
� 2. That -the t�on. Henry S. Baynard, Nlemb�r of the State Senate, the Hon. Archie �
Clement, the Hon� J'ames A. Mc�lure, Jr. , and the �on. Charles J'-. S�huh, J`r. , Membexs
of the House of Reprssentatives of the State Legislature, 'he, and' they are' hereby
respectfully memorc�lized and requested to introduce and actively suport passage �P
said proposed i�egielativz Act by the Legislature of the St;ate of Florida at its regular '
aession in 1y�.7,
`.�DOPTIOri o� the :foregoing Ree,olution was moved by Commission. Cxancs, seconded
, bST CommisSi�ner We11s and upoh a vote bein� taken, same was Adopted 'this ll�th
day o�' April, A.D. 1947.
M�yor- o .s iones'
_ ATTEuT:
� •
>-
Cit Auditor an Clerk
�
���
CITY OF CLLARWkTER
CITY' CUMMISSION MINTUES, I�]?RIL 11�, 1947
The Hon, bSayor and Members oi the
Cit� Commission
Clearwater, Florida.
Gen�tlemen:
At a Speczal 1uleeting of the Clearvaater Beech Pr,��ressive Asaociation.,
h�ld 1�Ionday, Apz�il 7, 191�7, a resolution ���s passed e�pressi�g appreciation
�o the Seawall Commission for theix efi'orts in bringing before the xesideni;s, pro-
perty owners and busine�s man of Clearwater Be�ch an explan.ation of their
work and mat�ers with whi ch they are f aced at the present time. The Clearwater
Beach T'rogres3ive kssociatioxi further endors�s the procedur� in which the Seawall Com�-', ,
mi.ssion is endeavoring to broaden their powez•s through amendments to the Legislative
Act under which thay are now workir�.
The Clearwater Beach Yrogreasive Association has instructed it's Secretary to
no3�ify you of this resolution.
Respectit�.11y submittsd,
THE CLEAR4aATER BEACH PROGRESSNE ASSOCIATION
G. H, �'i�lds, Secretary.
�
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czm� oF cL�xwa:T�
C ITY GOiVIN�f2S�SI QN MINUT.ES , l�PRI L 1L�, 1947
The C�?ty Commissian, m�t in special sessian the eveni:ng oP April
11�., lyl�7 in the City Hal1 at 7.30 P:M, with the following m�bers
present; J'. 0, Houze, 'J�l. C, V'Jells, J. R,. Crane and T, 1?. J'ohnson,
arsent: Harry D. Sargeant. Also present were City Manager Boyd A,
Bennett, City Attorney Geo, �. Smith and Chief of Police, J`. J. Elliott.
IvIayor Houze stated that the purpose ai' the meeting vaas to consider
the recommendation of the Clearwater Beach Seawall Commission.
CommissiAner Crene reporting for the Corr,mittae recently appointied
to make a study of the Seawall Coramissions recommendation., read a
resolution raccimnending passage by the legislature of a speeial aet
abolishing the C1ear�f�ater Beach Sea�v&11 Diatri�t and creating in i�a'
place tYle Clea�water Beach Fsosion District. This resolution and
legislative act is set out in full belrnr�. It was moved by Commissioner
Crane seconded b;yr Comraissioner VJe11s and un�nimously carried that the
resolutior_ and special �ct be approved.
Thexe being no further business to c ome before the Board the meeting
was adjoixrned,
NIayor- 'ssioner
y �`�ditor and ler