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05/05/1947 n",'.,......,.':. II ), CITY OF CLEARWATER CITY C01'lMISSION MINUl'ES, 1'fAY 5, 1947 , "-------:--7-----.-.~,_~__ The City Commission met in regular session the evening of May .5th in the City Hall at 7:30 IJ.hu. with the follC1lJing members present: J. O. Houze, Harry D.. Sargeant, W. C. Wells, J. H. Crane, T:. A. Johnson, Absent:none. n The meeting was called to order by Mayor Houze and the minutes of the previous meetIng were read and approved. After stating thut he believed in a standard wage for City employees, Commissioner Surgeant moved that all Ci ty employees be given a 10% wage inorel:lse with the exoeption of the City Manager and Chief of 1)01i08'. There being no seco nd to this motion the s erne was lost. Commissioner Johnson, for the Land Appraisal Conuni ttee, reported that m~ps had been prepared Bnd sales datu being studied toward a valuation of all City property owned by the City on Clearwater Beach Island; also that there had been sold to Mr. Joe R. Stewart a 100 foot frontage in the manufaoturing distriot for a price of $1000., that the property would be used as a site for a bonded warehouse; also that the deposits had been placed with the City for the purohase of .3 lots in Avondale Subdivisi on at $350. each. Mr. Johnson also reported tha t ti tleL insuranoe oould be secured on most of the lots in Avondale and Fairmont. Subdivision. I , I I : i I \ I \ I I i I I ! j i I I I 1 1 1 .1 On the motion of Commissioner Crane seconded by Commissioner Sargeant the Board set the date of May'22nd at 10:00 o'clock A.M. as the time for a public hearing for the construotion of sewer lines on Bay Esplanade and l)rospect H.VellUe, and the wi dening of' Osceola Avenue and Laura Street. A letter from the secretary of the City Zoning Board stated that the Zoning Board had approved lots in Coachman Heights as a trailer park and tourist court site; also that directional signs be permitted when not over 7~" X 24" in size, all signs to be uniform and of same color and the locati on of the same to be authorized by the Building Insp~ctor. The City Clerk reported that Mr. E. H. Coachman desired a permit to locate ~railers and build tourist cottages on the w~st side of Greenwood ;, Avenue some 250 feet ~outh of Park Street. The City Clerk was directed to secure from 1~. Coachman, in writing, a more exact location of the property to be used and full details concerning its proposed use together with plans of sanitation. John Polhill, on behalf of Ed Conners, operator of the Big Trail Inn, offered to enter in'ro a new lease with the City at a monthly rental or $100. provided a liquor license be issued for this 1ccation. The Commission deferred action on this matter until the next meeting at which time the matter would be definitely settled. The Commission suggested th~t Attorney Polhill draw up a tentative lease and be ready to present it to the Commission at it s next meeting. City Attorney Smith reported that the Legislature had passed btlls opposed by the Commission calling for the consolidation of City and County tax assessing and tax collecting functions. Mr. Smith also reported that the Supreme Court had rendered a late decision strengthening the title of lots secured by tax foreclosure suits. The City Attorney reported that Legislative laws approved by the Board were being published as required by law and would be introduoed in the Le~.ature in due course. The Liquor Ordinanoe coming _~ for second readi ng, Commissi oner Cran<<>> moved that Bonsiderati on of the same be delayed for two weeks in order that the Commission might have time to make a more thorough investigation of the numerous objections that were being made to the same. This motion was seronde1i by Commissioner Johnson a nd carried. Commissioner Sargeant voted in the negative. From the motion of Commissi oner Johnson seconded by Commissioner Crane the Commission deferred for further investigation the closing of a driveway en the south side of the Calvary Baptist Church property. A letter con- oerlilip.g this driveway is set Ol\t below. 0, ".. " ! '" ;):','1.1 ' .,.1 , ",~,';~';,~}:ij,l:,~ Concern~~ the Changing of the Zoning law as recommended by the Zoning Board to allovl directional signs, the Commission set the:.:next re~lar mmeting as a time for publio hearirg on the matter. ~/~0' :"',";:,":,'['... ',~::~: :/~~;, .' , .~ City Manager Bennett announoed the appointment of R. C. Dobson as Assistant Fire Chief as of May 1st. The Commission, by common consen t, deferred unti 1 the m xt meeting the question of pptting in a seawall at the end of Laurel Street same to cost $1500. and be paid for by the City. It was brou~t out that this proposed wall would oonneot on the north with a seawall bei~ built by Edith Homer abutting her proper~. It appeared that the seawall cost would be $25.00 a foot. Upon the reoomm.endation of the City Manager it was moved by Commlssb119r . Wells seoond~d by Conmlssioner Johnson and oarried that Dempsey Street be t,' " "" , . '-"'0-, J-tJ ;r ','..7]'. , .' , ,.'. , '. ' ."' ',' " ,', '. ,,' . ." "', ". '. ,. ",,' I"' .'. . , "'" ,,' t r. ., .' f: f ," n.." '., !-,. ' . ~ I '. ~ ' f !' ," ':.' ~ \' '. ' I ~ r. ....i.. " .\ , ( " . , 'I, { j".',.'., .:,.... '" It was mov ed by Commiss in ner Crane seconded by Commissioner Sargea nt that Ordinance #536 be passed on the third and final reading. City Attorney Smith now read a Resolution proposiing to grant to Stanley McIntire and Associates a 20 ye'ar franchise for an air conditioning system. It was IIlOV"ed by Commissioner Sargeant seconded by Commissione r Johnson and unenj}mously carried that the Resolution be approved subject to any necessary details being worked out with the City Manager and the City Attorney~ This Resolution is set out in full below.* and also as recommended by the City Manager there be attached to the resolution and made a part thereof the plans and drawings. A letter was read from the Beard of Birectors of the You~ Womens Christian Association of Clearwater asking that the Commission re-condition the tennis courts in Seminole Park so that the same may be made use of by teen age grou~s without charge. Tte letter poi~ted out that the cou~ts at the Municipal Auditorium. were under the direction of the Clearwater Tennis Club and the same were not free. This request was referred to the Recreation Department and at the suggestion of Commissioner Johnson the Commission directed an investigation be made or the manner the courts were being handled at the Munioipal Auditorium. City Manager Bennett reported "thl:lt present e stima te:a indic ate that the budget would be over spent this year by '$18,000. It was moved by Commissioner Crane seconded by Commissioner Wells and oarried that the offer of the State Board of Health concerning a DDT program could not be aooepted. ~~ ~~. ..,:;",...:':' ' ,Joy ( I t I I' l I I I I I 1 ! I I opened. up f'rom Luke Avenue to lots 6 to, 15 inolusive. It was estimated that the cost would be around $200. Attorney M. U. Jones, as administrator of an estate owning ~ liquor store on south Ft. Harrison Avenue, urged consideration of the Liquor Ordinance upon a second reading in the present meeting pointing out that a further delay may cause 8 considerable loss to the estate he" represented es negotiations were in progress for the sale of the liquor store. Mayor Houze stated that the urdinance would have a second reading on May 19th and a third reeding on June 2nd. It was mewed by Commissioner Sareeont seconded by Commissioner Crane and oarried that the application of the American Legion for e dlub liquor lioense be appro ved,. On the motion 01' Conunissioner Crane sec onded by Commissioner Wells the application 01' Alec Hogan for a taxi lie ense was denied. A letter was read from the City ~lanning Board concerning the need of a sidewalk along Greenwood Avenue from Howard Street on the soo th to Marshall Street on the north and on the motion of Conwissioner ~ohnson seoonded by Commissioner V/el1s this matter was referred baok to the IJlauning Board for further study as to probable cost and type of sidewal~ to be ~ut in. Mr. G. A. Norton appeared before the Board and protested the poor upkee~ of streets and sidewalks in the Belmont section and also the un- satisfactory garbuge collection in that area. Mr. Norton pointed out in particular the bad cond~tion, of Scranton Avenue. A letter from Cyril E. Pogue requesting P€Wment by the City of' $750. as haff of counsel fees for defending the City in a suit brougnt by Shields & Com~any and g~~wing out of a late bond refUnding by Nuveen & Company. This matter was referred to the City Attorney for investigation. It was moved by Commissioner Wells seconded by Commissioner Crane and oarr~ed that the a~plication of Agostino Capriotti for 8 liquor ~icense at lot 37 J C~our't: Square Subdivision be d enie d. I I , . 1 , I r:"''' t f ~" (' I ! ~. I 1 ~' " . I l' . t I', .' r t' I' \ I I I I j \ i . ,';, I: ) I: ' { ? i I ! j t 'I , i " I :"..,"'1' .. ,,"'1 ' , ',' \: , I,. ""r , !,: Letters were read from John Swift and Hobt. F. Fulle tendering their resignations as police officers of the City of Clearwater. It ~as moved by Commissioner Crane seconded by Commissioll9 r Johnson a nd carried the t the resignations be acoepted. Commissioner Crane read Ordinance #536 which amends Ordinance #404, the Traf'fic Ordinance, by establiShing a speed limit of 15 miles ~r hour in school zones. It was moved, by Commissio mr Crane seoonded by Commissioner Sargeant and carried that this Ordinance be passed on its first reading. It was moved by Commissioner Crane seconded by Commissioner Johnson and oarried tba t Ordinance #536 be 18 ssed on the second reading. :"',.-' ",.,::"J, _ I :. ~; , ' ",' '. .' , , ::\.: . ..t)<,H.X...........,..-... ..,.~ . ... 't_'",." ~ , " . , _" _r ' ,~" '.... ----" , ~ ~ .:~ ", ~.' ~, , ,; :,':1 ,,;..,.. , . .' '..',,'.,.;', I', ("1 I I I I I i, \ . " '. '" I i, ,I " I' I' i r"" I" ' (' , , I' i,. ! r\,'..b;.,...,~" '" ~ ," ". ,._<, :..(~.~~~~~:~;\~;:.w~;,: ~ ' , ' .. "I'\~ , ~~!y;JJ;%~;~}', ""t ........' "",~,:,'1' <" . "" r<<Jj:&~~~(~, , !' ,,'o.' "":C",",, {'~Kt,!J,~n. "r"}::'< " t~" , I.:", . i:, f ' (. A, ~ 6 L r I' ,. }" r ., , ! ~ l' ; f ;. , t-, ,t ,.-J: ~~.: ' .' :':'~'; ~ ;'~;'~"<"\,, i ;'S ~,;.~~ I t >:",::3,., J,""",., " < ~~I{il) r~\'w~~~' ','[(.,i{;!,(; ," " , ~~ibi ""' ; ~':',!';;';:lf:'< . ,~ 1 jl. .<Jt ._'~;';,~, , ,..,,'- ,: ''''',: _"'.!_:'" ,.:" .'~ t>-~"':'.,"~'''';;'~''...._'.......-, ..J7 {) 't CITY OF CLEARV!ATJi::R CITY C011MISSION MlNUl' jjS, Mi~Y 5, 1947 m ' I ,i , ... I / ..~:.,~,#O April 28, 1<;47 Mr. Frank Cooley, City Clerk Oity or Clearwater, lB'lorida. , ", ~' , .< . ' ~ Deer Mr. Cooley, Applioation is hereby made ror a lioense to operate an establishJjent f'or the sale 01' liquors, both in IEckage and by the drink, by the individuals and under the cirownstances below enumerated: Name and Address of applicants - Agostino Capriotti and Jeannette Oapriotti, B. O. ,Box 246, Cle arwater, Florida. South Garden Avenue, Clearwater Lot 37, Court Square Subdivision Address of business - Charaoter of business to be oonducted - Bar and Grill Sale of liq uor by paokage a,nd. by the drink Classirication or lioense - Name and address of all inter- ested perso ns - Agostino Capri otti and Jeannette Capriotti, P.o. Box 246, Clearwater, Florida. E. smilier applicati oil he,s already been approved by the State Beverage Department, aocording to a message received this date rrom Mr. Burton Rogers, Supervsor. For your in1' ormation, the applioan ts plan to erect a building on the premises above referred to, which ~ll be of' two stories, the second story being an apartment whioh w ill be occupied by the applioants. A contract has been entered into with R. M. .Thompson Company to erect this building at an esti#ated cost of ~3l,OOO. Any rurther information desired can be secured by writing to the undersigned. Very truly your s, AGOSTINO CAPRIOTTI and JEANNETTE OAPRIOTI'I BY William M. Goza, Jr. Attorney - - - - - - - - - - - - - - - Apri 1 22, 1947 In~consideration or the t~rms of that oertain order entered in that oertain law case filed in Pinellas County, Florida, numbered 10,739, I hereby resign as Chief of Polioe of the City of Clearwater.. John Swift. Apri 1 22, 1947 In oonsideration or the terms or that certain order entered in that oertain law case riled in Pinellas County, Florida numbered 10,739, I hereby resign as police orficer of' the City of Clearwater. Robert F. Fulle .' ~J""""'--"__"" ' ..'. )~ J .' ~. . ,..~~, , ~.., ~,~,.. ;~:." .."...,.:. .... ~, :_ ,:,.. 'u-" ~ ;, '. ;~:. ~ ',., .' \' , . ..." ....... "..:, ,.,,, \. ~... :"'J. . ~. ..._ _, '. ci"o;.:' ~_ ,~_:...,~,.,:';;\~i:-:; ;;,~.,O',;,;!,i';;.~". : ,'-'~';:;;.;~,:;;f,.;;~,: ~::.-.;,;::~:~,~:t;;.'J'ij,:t1ii,},kt~':J.:.l~j2r- CITY OF CLEARWATER CITY COMMISSION MINurES, :MAY 5, 1947 , . ORDINANCE NO. 536 AN ORDINJillCE .AMmDING ORDINAIDE NO. 404, B.illING THE TRH.FFIC ORDINANCE OF THE CITY OF CLEARWATER, BY ESTABLISHIID A SPEED LIMIT OF FIFTEEN (lS) MILES PER HOUR IN SCHOOL ZONES. BE IT ORDAmED BY THE CITY COMrvIISSION OF THE CITY OF CLEARV/ATER,' FLORIDA: Sec. 1. That Ordinance No. 404, being the City Traffic Ordinance, as amended, be, and the same is hereby further amended by a,ddiilg a subsecti on under Sec. 60. (b), providing speed re- strictions in school aones, as follows: "(6) Fifteen miles per hour in any school zone." Sec. 2. All Ordinances and parts of Ordinances in con- flict herewith are hereby repealed. Sec. 3. This Ordinance shall take effect immediately, upon .r;e ssage. PASSED AND ADOPTED by the City Commission of the City of Clearwater, Florida. PASSED on First Reading PASSED on Second Reading PASSED on Third 'Reading Frs Cooley Oity Auditor andClerk - - - - ~ - - - - ~ - ----------- - ~ee~~~w~~~ ~~~~rer -bus mess tv c ome-be-:tore the BQ8~ ....., t .,t. /.,1 '-oJ. '-t."- , 4,/.t.,. I '. 'Me;y u~ '...t; emmis s lOae r' I . 'I L...I. I " l.. / I '" I. (.J. J- I I I I I , ~t/y' I~u.Qttot 'aJ:iQ. 'CJ.errk I I l , ,. ... '." ,'," '.. !"' .'. 'i"b.( "', i-:" Jf:::. f' ':."<.' r "',;,'., ,~: ' , , . 1 . I . I r'\ \ ' ! '\......c',..' . i I I ! I i I ~' " , , ; ! '.r,"l; , ".:":::1..', , '" .J- ,~ ~;. " ~" ,', ..' _.~" ~',.. .. " , ,~ " '.':,'. ~. .. . , '...',. . '" .... .' ,.~. '~". "', ...,.. ", -.,", ....:..~..::.; '.....' ...,:';~...~..:,;: ,.,; .. , ' , ' . ~"" ..,,-......'-,............ ..... ...... . ,",".. ,\ : "',.~_....,~;::jt.~.1.';/l,,;:J~,.~: "~;..,:: ' 0-/ ;L ", I .. CITY OF CLEARWA TEa CITY COMMISSION MINUl'ES, MJ",y 5, 194.7 n "04.:;<1\1"r"l Young Wonan's Christian Assooiation Clearwater, Flori da ~ r\ ~; ~ t:, l~ ~, ~, I: . r. ( r' (i, " ~~ , ' " , /". :",,' May 5, 1947 ", '. .. Honorable ~oseph Houze, Mayor Commissioners; T. A. Johnson, ;}". R. Crane, H. D. Sargeant and VI. C. Wells, City of Olearwater, Florida. Gentlemen: :. .. '" ,,' ~' , :... " f I, ,; The Board of' Directors of the Y.W.C.A would like to call ~our attention to the condit10n of the tennis oourt in Seminole Park. By: . " ;.~ ,'...." ,;.... ,I; '.' . ,^. ...... ...... I;r.~t~lt~.Ir , , """~"."~~ , , ,:::,:~ Among our teen-age groups we have quite a few interested in playing, tennis and have been trying to encourage a greater interes~ through instruction. Our director has been taking a group to the Seminole PaIk court, but it 1s not in fit condition for play and in eo tually hazardo us. As the tennis C Ql rts a s the Munia ipaJ. Auditorium are und er the dir ection of the Clearwater Tennis Club, we feel there should be some free courts ava ila ble for the t een- aga players. Therefore, we hope you will ~ind means to ~epair this tennis court. Since wholesome outdoor recreation is so important in any youth training program we are sure the City Oommission will be glad to do all they oan for the youth of Clearwater. Thanking you far your consideration of this ~atter, we remain, Sincerel y, Board of .!J1rectors Young Wonen's Ohristian Assooiation ~ws. W. H. Valentine President. ',:", " .... ";:'j .:~:>,'." i,.., , . 0:/;;J;'~I~j~~1'\;2m~h : 'Lf ~~"..,..~".!;,.........l} t,,"h,~, , ."~~:I~II; " :,':.'::,.~'::/,~,'f';,~Ng, ,. .. .,' .t,_'~". '.. ,..; ,.....'I,;.';...-...:~l.:~, ',. ; M'.' ','.;., ~,~ ". " '''' .;... ;' "" ..._ CITY OF CLEARWATER CITY COMMISSION MINUrE3, MAY 5, 1947 April 24, 19.47 '<'!>': ....,': fl'." ',','", "':'''., City Melloger, City of' Clearwater, Clearwater, Fla. Dear Sir: At 0 reoant meetirg of tlie Deaoons Board of' this Churoh the Deaoons voted to reclaim as a private driveway the driveway just south of' the Chlll'ch buildi ng. This driveway is a part of the Churoh property and is supposed to serve the Church and Pastariwn of' the Church. But some- time 6Bo the Church agreed to allow the City the use'of the dr.i,veway to gain entrunce to the buildings at the baoh of the park providing the City would keep up the driveway. This pest winter this privelege has been abused by those who used the driveway. They have parked their cors so that at times it was not possi ble to get in or out - have also IE rked on the Church lUVln along the ,driveway until now there is no lawn there. And the driveway itself has "~een in bad condition most of the winter. ',. .' , , r , \,.'. ',' ~ l'l' f t i t, \~ r I' i' I , .: ~ l n 1 ;. I I j: " r L' -~.":-t~: ; (, . ~~ <; Therefore the Deacons Boord voted to close this driveway to the general publio - allowing it ~o be used to serve only the Churoh and Pastorium - and the Church will again asswj.e the upkeep of the driveway. We 'Would appreciato the coo~ ration of the City in not allowing ,parking . on this pro perty from now/..on as the Church is going to a gai n ha ve, a lawn shrubbery on this side of the building. Yours truly, The Board of Deacons ,:: Calvary Baptist Church Cle arwater, Fla. By Mrs. H. L. Baker C~urch Secty To City Manager From CAief Elliott , ',. "'.\ , ';". ,'\;'; Subjeat Attached Letter I see no objeotion to our agreeing to the return of the property to the churoh, as it is only serving as a parking spaoe. J. J. Elliott Chief Elliott. . April 23, 1947 C1 ty Commission, City Hall, Clearwater, Florida. Attenti on: :Mr. Frank Oooley Re: Application Americal Legion Club Liquor Lioense Gentlem.en: Turner-Brandon Post of the American Legion has made applioation and reneived approval from the State and County:, for a Club liquor lioense for tts dugout located at the Legion home on Phoenix Avenue in Clearwater, Florida. Kindly oo~sider this as a request for application and approval by the City Commission of Clearwater for a City lioense for the operation o~ a dugout where drinks may be served at the Legion home on Phoenix Avenue. The dugout, or bar, will be under the management of Mr. Tom. Farrell. Your oonsideration will be greatly appreoiated. Very truly yours, AMERICAL LID ION Turner-Brandon Post No.7 w. s. Wi~ tman C ommen der By .;, ' .' I" .. ~~ '. ~- ~€f! ~~}~'. "' '. ",' '.,:' :, ":'::;:';";"':".<':::~'~'~~"~:T:.~i:/<:~::;"'~',~;:..',~ ::.':';';:;' """" ' "~" ,-_.,~~,'I.,.""",~""..\...". __,""..+', ,,,_.. ...'......, , ''i;,'~,,:'/::'F':; ~::, .' ,.,.' , '.'.'.'/',:..,",< ':/..5 '/'..;?/,~, ..~:~. }'.' " V /. ~ .' :.'.~..,':':::;;/l~:' ' " ,".~..::.,\:::.';al.': " '. ,\. . . .' ' , , ' '. , . ..'".' ,:' : :/" '. ,:', _.': ,;....~~.; ;":";'" I -" ..~ ) (,'. '. II..",',' , ;G~0k - ,/ ;;::;:}:/,~,r:~,;/'~ [" , "', 0",-::,<\</,,"....:::-/'::>" , . ",t \ '... , \ '" :: '.':',:.' i ',.,,'. .'" ::",..,"" , , , April ~9, 1947 ,'., '1 [, r: . L li: The Honor able Board of Ci ty Commiss ioners, City of Clearwater, Clearwater, Florida. Gentlemen: The City IJlonning .dosrd, in regular meeting assembled .rlpril the 28th unanllnously adopted B Resolution calling attention to the City Commission the urgent need o~ a sidewalk on Greenwood Avenue, from Howard street on the south to Marshall Street on the north. The City I'lanning Doard considers the laok of sidewalks in this area as a distinct daily hazard ~o pedestrians in general and sohoo1 children in particular end are of the opinion that some way should be provided, even if it has to be of a temporary nature, if at all possi ble before the b eg1. nning 01' t he De x:t; sohool ye ar. n Yours very truly, ,. {.J. '.' 1;','.:,.' ',';t ,'/- " ~ . "~I' ;:.' .. i" .~, ;I', i,:1: ~l ~,.. '!~: "," I,', (~.,' , 1[0:' r fi r .., ..J 1 CIT'I l'LANNING BOj~RD BY FRANK COOLEY Secretary I " j ! I I , , i I , . , I .hpril 24, 1947 ',\: > ~ \ Mr. Boyd A. Bennett, City Manager, City Hall, Clearwater, Florida. .' ' , . '. ' '1" ',,' " " , . ',.,", ....' . . n.' ',' . I, '."', ,"<". :;.': '~"~,~':L':,,~:,., In re: Marshall Dancy Vs. City of Clearwater. i ," . .. Dear :Mr. Bennett: On July Jrd, 1946, this 'offioe was employed by the City of Clearwater to defend the City in the above cause. This suit has been brought in an ef~ort to obtain a judgment against the City Of Clearwater in the sum of $30,080.00, and arose by reEJson of a oontroversy between Shields em Company, the City's' re~nding agency, and the City When oertain bonds were called on July 1st, 1946 and re1unded by Nuveen und Comj,Xlny. The plaintif'f in this cause claims that there was an error in the call date; that the call d~:te should have been July 1st, 1947, which would have entitled the holder of the co upons attached to the b.mds to an addi ti onal years interest. To the oomplaint filed, this office filed 0 motion to dismiss and argued the same before the Honorable Dozier DeVene, on the United States Distriot judges at 'l'gnpa, 1'lorida, f;lnd Judge DeVane held, in substance, that he VIO uld no t enter an order to re1'orm or oiH:mge the bonds. He permitted the pleinti~f, however, to proceed with the suit to prove, if he could, that the C1 ty of Clearwater had legally obligated i tslef to pay to Shields and Company the amount o~ money above set forth for their services rendered in ort.ginally refUndirg these bonds. We have filed an answer to this thebry of the cuse and the same was originally set for trial on il.pril 28th However, 011 yesterday VJe presented El motion to the ]'ederal Court to oontinue 1'or the reason that Mr. Hugh Hendrix, who \'Ias 'the City Manager, is una bIe to appear as a material witness for the City. At this tine we do not know exaotly when the cause will be set for a final. trial. 11r. Frank Cooley is familia r wi th, tbe details 01' thi s emplo~ent and our recollection is that the City of Clearwater was to pay us the swn of $1,500.00 for representing the City in the Federal District Court. We have not requested .P:lyment of any portion of this fee until. this time. We have done a great deal of research work on the 0 ase, prepared and :riled all of the neoessary pleadings, and hLve bad three arguments before the District Court in Tampa with reference to same. We feel tuat is is in order now for the City to pay to us the sume of $750.00 and to pay the balanoe at the time the trQa1 is concluded. . ;! li~ !X[:W~t, , 't;""t;ii~ I" .,,1,. ,il~~'i~S~\ I".,.,' ''''J,' .....",<.l,.'l-,J. I wi 11 be glad to go over the various details of the ma tter with you at your convenience. I woo1d appreciate your seouring for me, at this time, all of the reoords available at the City Hull with reference to this trans- aotion. Thanking you, I am Yours very truly, Cyril E. Pogue. ~:,:"..., .,'.' " ,\ ~':' ',.,.,",.".,' , ',:,~'. '\,';:'," , ". i: " , " . 'I . . . ,," ... -,. --_....,.",.~---- ----. ,.... ':";:'~'~\"";<X:,,/,,; " "";"<,"'; ,;.", '.~~/ ".::,?:':;:."i' . ,:/\>':~'~:~: ;,:< ::::.' ..,'...,~'..." .., -:..1', ,.......:.. :..~ :'..' '. , , '" -..., ,. .. ' . . , : "'~' ~;,:,<;.::>,~: . ..' ,',' , . , I," .'. i CITY OF CLEARV1ATER CITY COMMISSION MINUTES, Nu~Y 5, 1947 RES 0 L UTI 0 N , I n '\ II "i'i.l.~".' WHEREAS, one Stanley Mclnt1r~ has made a request for a oertain franohise and. has presented same to the 01 iN, and j Vnrnrnlli~, said proposed franchise is as follows: VlliEREAS, Stanley McIn1tre, his associates or assigns, propose to build and. operate a plant for the purpose of supplying any neoessary mediwn for the a1r conditioning of buildings within.the corporate limits of the Oity, of Clearwater. THER.&FORE, be it ordained by the City Commission of the ~ity of Olearwater that:- 1. Stanley McIntire, his associates or assigns, shall have the right and privilege and the same is hereby granted to erect, establish, buy, sell and operate a Master Central Plant and auxiliary plant, or plants as may be neoessary, for the purpose of munufacturing and distributing steam, hot water, cold water brine, cold air, or any other product tha t may be used dlireotly, or indirectly, for the he ating, cooling, air conditioning, or refrigeration of, end in, tlny buildings and he shall have the right to so manufacture the said mediums and vend the same to the citizens and to any corporation therein located for the tenn of 20 years from the date of passage of this ordinanoe, provided, ha.vever, that this franchi se is subject to the condi tions as hereinafter set forth. , '( " . 2. Said Stanley McIntire, his associates or assigns, shall, during construction or installation, indemnify and save harmless the Oity of Olearwater from any loss or damage from any act or thing on the part of the said Stan lay McIntir e by virtue of the authority and consent herein granted. Said bond shall be in the anount of Twenty Thousand Dollars .($20,OOO.OO). 3. Said Stanley McIntire, his assooiates or assigns, is hereby authorized to construct, maintain, establish and operate the plant in the said Oity end he is authorized to lay and maintain under the streets, ~venents, alleys, or any other public. ways of the said Uity, such pipes, conductors, conduits, connections, valves, fittings, and suc-p. other things as are necessary for the sate, practical and econ6mical construction and operation of this property for the purpose of earrying on this said business. 4. If, during the period of this franchise, at any time Stanley McIntire, his associates or assigns, should abandon the use of the Master Oentral Plant and the auxiliary plant, or plants, whole1y, for a period of one (1) year, in that event all ~he pipe, connections and conduits under the City streets wculd become the property of the Oity and Stanley McIntire, his associates and assigns, would have no right :bo remove the same nor would have any interests therein. Stanley McIntire, his associates or assigns, agree that in the installation ot the said pipe, connections, conduits and other' conveyances of said service, they will use standard practices' and methods in"Gthe installation and will not unduly injure' any City property in the installations. That, where it is necessary to install under the streets and sidewalks, the same shall be done subject to the approval of the Oity Manager and restored at the expense of the said Stanle,y McIntire. That, in every installation, the most direct roote possible shall be used. That, altnough the said Stanley McIntire shall have the right to make the said installations, the Oity Manager shall make reasonable d.esignation of 'the location of the said installations. Grantee herein, his successors or assigns, agree t~at any portion of the streets and publio plac~s wnich are distll~bed or exoavated in any of its installations shall be kept in repair by the grantee during the life or existence of the .particular pavement or sidewalk disturbed or broken, provlded, that if such street or sidewalk shall be relaid by grantee and approved by the Oity Manager, then this liability shell cease. ~/' ',' .,' :', ! "I" .... >1 - ~ ,~-_.., 5. ~',...:;~' ....,.,1'. ., j '<:, ,'t;~~;'}:,:.' , 6. The City of Olearwater shall have the right to levy a franohise tax not to exceed four peroent (4%) on a sum equal to the total monthly charges to customers of said business. The:,granteo, his successors ane assigns, shall be required to keep proper books of aocounts shOwing monthly gro ss receipts from oustomers and shall make a statemnt, in writing, showing such reoeipts for each semi-annual period ending June 30th and December 31st of each and every year, and, based on such statements, shall make payment to the Oity Tax Collector of the anount shown to" be due by suoh statements. The Oity shall have therlght to ...,; ..', " ',. ,j -.. . ~..~. ....: ::. l:-"".~ 0/0 f';j::':;\>' );>I~:, '. ~"..:::' :".' " t.,,,, Co",, '. ...' " 'V;:';':;~~;Y}Y:;',' n ," . "".,. '. . ,I' , ',' "" ,i'., ~ .", '~". ~<':::t'.':}:::",'.;:', I ' . . , , ..... ",..', , " ' ". . ," ',': ',' ,,,',,, . " J ,. ' j 1 ,~ I, r r ,. '; . ~ ,,,,,, I. ..., :'. . d\. ',' ',':" . '. ':! '.. ,. ,: 0"", ,:..;,'/";".:.';. . '.".. ;, ' .' .;.~ '.",' ri.' . . '. ,.'.'..,:"~J.;,'~,~\..",:' .., .....'1.:;..: ~.'. ~ ~,.s...,..,"'. ;,.~'-- '...:..... ~'.."..' . ;:;;~ ;:/i ;~:t~: k " : ~!7 ' , \'::~;"':';;'~;i,~:<:"}~'I$:,~, 'v ~ .," . '.',(. " '.' ' ;,:~.i;~:f.,\:,'C: " :,,' :,'\;:~>:'>" "',' ". ,I. , , "j i I, l. i ;f , ! t f 1 ) ~ t \ I I I t. 1 I f t t (, I,. 1- ! , " inspect and audit the books or said business tocorractly deter.mine said tax. Nothing herein contained 'shall prevent the Oity of Olearwater fl~m levying and colleoting an ad valorem tax on land, buJi.ldi ngs and personal property of t he gran tee, his au ccessors or assigns, located within the Oity, dUring the term hereof, provided, however, no additional tax shall be levied on said business other than the fronchise tux herein provmded. 7. ,.In the event the gr~ntee, his sucoessors or assigns, or legal representative, shall violate any of the terms or oonditions of this frenohise and shall oontinue to violate same for a period of sixty (60) days after notioe in writing is given by the City Conmission, then the City Commissi on may deolare a forfeiture of.' this franchise in the manner presoribed by law. Grantee, his sucoessors or assigns, shall beve the right to renew this franohise on the within, six (6) months prior to its expiration, on terms then to be ugreed upon, said terms not !to be in exoess 01' any such similar frunohise vtlioh mignt be granted to any other person. 8. AND WHEREAS, in the opinion of the Oity Commission of the City or Clearwater the said franohise is feir and reasonable, and; r ! i I I I I WHEREAS, the City Commission of the City of' Clearwater deems it to the best interest of the oitizens of Olearwater to approve said franchise and grant the same, provided oertain oonditions are met by the said Stanley Molntire; NOW, THEREFORE, be it resolved that the said proposed franchise is fair and reasonable and protects the interests of the City of Clearwater and will promote the welfare of the ci tizens and busi re sses therein; Be it further resolved tha t, upon the approval of the Oity Manager of a bond, as provided in Seotion Two hereof, and upon the ereotion of the outer~all of the Master Can tral Plant hereiil pro vi ded for, then the City Commission of Clearwater will adopt the necessary ordinanoe or resolution, placing the above franchise in full foroe and effect, and upon the signing of the said franchise by the said Stanley Molntire, his associates or assigns, the City of Clearwater shall exeoute the said franohise. '\ , . I, . ~ ' ' 1 I I' '1",' ,1 I i , i, i ',j I , i .1 , , Be it further resolved that, in the event thes:lid bond is not filed and. said outer wall of the S'ilid Master Central Plant is not constructed wi thin a period of one (1) year from the date hereof, this resolution shall be of no foroe and effeot. 6 day of May A.D. 1947 MaYo~~e~~ PASSED AND ADOPTED this * Apri~ 22, 1947 Mr. Boyd A. Bennett, City Manager, Olearwater, Florida. Dear Mr. Bennett: The Zoning Board has approved a Trailer Park and Tourist Oourt on lots in Coaohman Heights. It was reoommended that directional signs not over 7~" x 24" be permitted where now they are prohibi ted. All signs be uniform and of sane color. Location of said sign be authorfzed by the Building Inspector. YOLU'S very truly, Thos. L. Boteler Seo'y CITY ZONING BOARD TLB: j a com e before the b;)srd the meeting 1I1aYOr?fi/2~~ There being no f.brther business to adjo\lrned. ... .. ",. :,',':" :,~,'_:~: ~.:;';.; :'::;~~[,'Wi;;i~11}'t'>~' ':', ' , i,. :.'~ ,", " ' ., ' , ' ~' ...' " l. ' >. ""l\:,':.':'\,~;~:. i ':!!l~;)>U,;):;~i ( .' .'.j'..."f.... ,.. , " :~.".;t<..)i.y;)',,,:', " , " " ~" -I; '" '~, '"., ',I h",(";":/::.,\:, , '..' '.' " . ." \. ".' ," I i I'. ! n i I I \ t \ \ .. t ',; ( , , I" . I ' , . ! ,,:' , . L '. I"';',,',,"{;';',,: r{!~i~~~\~~r I' "",Ie- . I,... ''''', """1>,,"'I~ ,.' '" .... :~~ir;""' i ('.Ii: .,:' ;., � � e p ■ a v r � v' 0 � CITY OF CI,EARtA7ATER csm�r can�m�¢ss=ort MlrTvrFs, a2aY+ 5, i947 • The City Commission met in regula.r session �Ghe evening of May .5th in the City Hall at 7:3o P.�l• with the following members �resent: J. �, Houze, Harry D, Sargeant, W. C, VIe11s, J. 1�, Crane, T� A. Johnson� Absent:none. The meetir� was called ;o order hy Mayor Houze and the minutes of the previous meeting were rer�d and approved. . k�'ter stating that he beli�eved in a standard tvage Por C-ity employees, Commissioner Sargesnt moved that all Gity employees be given a 10� wage increase with the exception of the �ity Manager and C�is��' of Yo;_icc�. There being no second to this motion the srame was lost. Commissioner Johnson, for the Land �'ippraisal Committee, reported that maps had been prepared and sales aat� beir� studied towar.d a valuation of all Ci�y property owned by the City on Clearwater Beach Island; also that there had been sold �o Mr, Joe R. Stewarti a 100 foot �rontage in the manufacturing distric� for a price:of �1000., that the property would be used as a�ite for a bonded warehouse; aTso that the deposits nad been placed with the City for the purchase oP 3 lots in �ivondale Subdivision at �3�0, each. IvIr. Johnson also reported that ��itle..insuran�e could be secured on most of t�e lots in Avondale and Fairmont: Subdi'visi�n, _ On the motion of Commissioner' Crane seconded by Commissioner Sarg�ant the Board set the date of May•?_2nd at 10:00 o'clock A,Ni. as the tima for a public l�aring Por the constr.uction of sewer lines on Ba� Esplanade and Prospect xvenue, and the widening oi' Osceo�a Avenue and I,aura Stireet. k 1-etter from the secretary oP the City Zoning Board stated that the 'Loning Board had approved lots in Coachman Heights as a trailer park and tourist court site; also that directional signs be parmitted wnen not over 72++ X 2J�" in size, all sig ns to be uniform and o� same color and the 1oe�tian of the same to be authorized by the Building Inspector. The City Clerk reported th�t hiro E. H. Coachman desired a permit to locate �railar.s and build tourist cottages on the west side oY Greenwood _. Avenue s�me 250 feet�s�uth o� P�rk Street. The City Clerk was direeted to secure from Mr, Coachman, in writing, a more eaact location of the property to be used and ful.l details concerning its proposed use together with plans of san2tation. John Polhill, o� behalf of Ed Coriners, operator o� the Big Trail lnn, offered �o enter into a new lease with the City at a monthly rental of �100. provided a liquor license be issuad for this location, The Commission deferred action on this matter until the next meeting at which ti.me the matter would be definitely settled. The Commission suggested t�qt Attorney Polhill draw up a tentative lea�e a�d be resdy to present it to the Gommission at its next meeting. City Attorney Smith reported that the Ze�.islature had passed bQT1s opposed by the Commission calli�g for the consolidation of City and County tax assessing and tax collecting funetions. Ms. Smii;h also re�o'r.i�sd �hat the Supre�e Co� t had rendered a late decision strengthening the title of lots secured by tax Poreclosure suits. The City� �ttorney reported that Le�islative laws �pprov ed by the B�ard �verp being pc:blished as required by law and would be introduced in t;�e Zegislatu:re in due course. ' The Liquor Ordinance con�.Zno. _up for secorid readin�, Commissioner Crane moved that aonsideration of the s�ne be delayed for two weeks in order that tha Commi:ssion might have time to make a more thorough investigation of the num'erous objections that tvere bei�g made to t�:e same, This motion. w�s seoande�l by Commissioner Johnson And carried, Commissioner Sargeant voteq ?.n the negative. . From the m�tion of Commissioner J'ohnson s econded by Commissioner Cr�ne tho Commission deferred f or further investigation i;he closing of a driveway on the south �ide of the Calvary �aptist Church property. A letter con- cerniug this driveway is set out below. Concerns�g the chan�ing of the Zoning law as recommended by the Zoning BoArd to allow direetional signs, the Gommission set th�unext regular m�aeting as a time for public hearis� on tl�e matter. _ � City Manager Benneti; announced the appointment oP R. C. Dobson as Assistant Fire ChieP as of May lst. The Comm�.ssion, by common consent, deferred until the r� xt meeting the question oi p�.tting in a seawall:at the end of Laurel Street same to cost �1,500. and be �id for by thP City. I�t wos brought out that this proposed wall would connect on the north tvith a seawall beis� built by �;dith Fiomer abuttin� l�er properl�y. It a;ppeared that the sea�vall cost v,�ould be �25,00 a foot. , ' ' Upon the recomme.ndation of the City 1Vlanager it was moFsd by Commiss��er Pdells secsonded by Comttiissioner Jolznson end carried `�that Dempsey Street be open�d , up from Z�ke livenue to Aots 6 to• 15 inclusive. I� was estiznated that the cost would be around �p?_00. Attorney ll�. H. J'ones, as acl�ninistrator of an estate owning a liquor store on south Ft. I�arrison Avenue, urged consideration of the LiQanox Ordinance upon a second seading in the present meeting pointing out that a further delay may oau,se a cons•ide�rable loss� to� the estat•e he� � represent�ed as negotiatidns were in progress for the sale of the ?.iquor store. Mayor Houze stated th:at the �rdinanae would have a sec�nd reading on ivIay 19th end q third reading on June 2nd, It was moved by Com�i�sioner Sargeant seconded by Commissionar Grane and carri.ed that the 'application of the Americau Legion for a dlub liquor licensa be approved. On the motion of Commissioner Crane seconded by Commissionor Wells the application of Alec Hogan for a taxi lic ense was denied, A letter was read from the City Planning Board csoncerning the need of a sidewalk along Greenv�ood Av�enue �rom Howard Stireet on the south to ri'Iar�hall Street on the north and on the motion of Commissioner J'ohnson secqnded by Commissioner Wells this matter was reierred back to the Plannin� Board for �. zurther study as te probable cost and type of sidewal�k �o be put in, N1r. G. A, Norten appeared be�ore the Board and grotested the poor upkeep of`stre2ts and sidewalks in the Belmont section and also the un- satisfactory garbage collection in that area. N1r. rdorton pcinted out in particeZl:ar the bad condition. oi' Scrantun t�venue . A letter fr�m Cyril E, Pogue requestin.g payment by the City of '�75�. as half of coun��l fees for defending the City in a suit brought bg Shields & C�mpan.y and gr�wing out of a late bond refundix� by Nuveen & Gompany. This mattes was referred to the �ity Attorney for inv'estigation. It was moved by Commissioner 4Vells seeo.€3ed by Commissinner Crane and carrisd that the application of .�.gostino Cap�-iotti for a liquor license at lo� 37,C:aurt: Square Subdivision be denied. Zetters were read from J"ohn Swi�ft and�Hobt. Fo Fulle tendering thei� resignations as police officers of the City of Clearwater, It was moved by Commissioner Crane seconded by Commissior�r Johnson and carried that the resignations be accepted. Commissioner Crane read Ordinance #536 tvhich amends Ordinanee ,#L�01�, the Traific Ordinance, by establishin� a speed limit of 15 miles per hour in school zones. It was moved by Commissioner Crane seconded by Couimissioner Sargeant and carried that this Ordinance be passed on its first reading. , It was moved by Commissioner Grane seconded by Commission�r J'ohnson and carrzed that Ordinance #�536 be � ssed on the second readir�;, It was maved by Commissioner Grane_ seco`nded by Commissioner Sarg�ant that Ordinance �536 be passed on the third and final reading. City Attarnep Smith nrnti read a Resalution propos�ng to grant to Stanley LFcIntire �nd Associate�s a 20 year fr'anchise ' for an air conditionin� system. It was moved by Commissioner Sargeant sec�nded by Commissioner J'ohnson and unanvmously carried that the Resoluti dn be approved subject to any necessary details bea.ng worked out, with the City Manager and the City Attorney � This Resolution is set out in �u11 belaw.* and also as recommended by the City Manager there be attached to the rasolutir� aud made a part thereo� the plana anci drawings. A letter was read from the Baard oi fi�ireetors of the Young Womens Christian �:ssociation oi Clearwater asking that the �ommission re-condition the tennis eourts in Seminole Park so that the same may be made use of by teen age gro ups without che�ge. The letter poi�gted out that the cou�ts at the Municipal Auditorium were under thE dire�tion of the Clearwater Tennis Cluo and the same were nat free. This request was referred to the Recreat'i'on �epartment and at the suggestion oi Commissioner So�:nson the Commission clirected an investigation be made of the manner the courts v�ere bein� hendled at the A�iuniaipal Audi �orimn. Citp Manager Bennett reported that present estimate�s indicate that the budget would be over spent this year by��18,000. It v�as moved by Cor�issioner Crane seconded by Commissioner Wells and carried tr::st the oP�er of the State Board of Health concerning 4 DDT program could not be aecepted. 0 0 � r 4 } - , �/ v CITY' Or CZ�ARIi;�:TII3 Cz� con��sazoN �zNv�r�, r,�� 5, �9�7 lipril 28, ly4'7 Mr, Frank Cooley, Gity Clerk City of Clearwater, �'lorida . Dear P,Ir. Cooley � Application is hereby made Por a license to o�rate an establishr�}ent for the sale of liguors, bo�h 3.n package and by the drink, by the indivicivals anc? under the circums�ances beiav enum�rated: Name anq, Adclress of ��plicants - Agostino Cap.riotti and J'eannette Capriotti, P.O. Box 2�.6, Clearv�ater, Florida: Address of business - 5outh Garden Avenue, Gleax�rtatEr � Lot 37, Court Square Subdivision Character of business to be „. conducted - Bar ancl Gril1 Classification of license - Ba].e of liquor by package a,nd by the drink IQame and address of ail inter- ested persons - Agostino Capriotti and J'eannette Capriotti, P.�, Box 2�.6, C,learwater, Florida. Ti sniliar application: has already been ap�rov�ed by the 8tate Beveraga llepartmen�, according to a message received this date from N�r. Burton Rogers, Supervsor, For your information, the applicants plan to er�ct a building on tl�a premises above referred to, Which will be oi ut� stories, the second storg being an apartmant which will be occapied by the applicants. x contract has been entered into with R. Ni. .^lhompson Company �o erect this building at an esti;aated cost of �31,000. liny further inior�ation desired can be secnred by writing to the undersigned. Very truly yours, AGOS'I�NO CI�RIOTZ'I and JF�]NETTE CAPRIOTTI BY LNilliam :ii2. Goza, :Jr. - At�orney April 22, 1947 Incconsideration of �he t�rms of that certain order entered in that cartein law case i'iled in Pinellas C�unty, Florida, numbered 10,'73�, I hereby resign as Chief of PolicE of thc Citg of Clearvl�ter. John Swiit. kpri 1 22, 1947 " In consideration oz the terms of that eertain order entered in that cortain law case fzled in �inellas Gounty, Florida r_umbered 10,739, _ hereby resign as police officer of the City of Clearwster. Robert �'. Fulle u � . ��'� , . � � . , CTTY OF CLEAI3VdAT:r� clm� cor�m�zsszorr r�rrurEs, n�aY 5, 1947 ORDINtiNCE N�i ,,_,�36 AN ORDINANCE kI4iIlVDING ORD�TANCZ+' I�iO. L�.O1�., BiING TAE TRliFI'IC ORDINi�NGE OF TIil+;; CITY OF CI,EARP�ff1TER, BY ESTABLISHIl� A SPEED LINLL`I OF FIFTEE�T (15 ) MTLES Pr�2 HOUR IN SCHOOI, ZONES. BE IT ORDAINED BY THE Cl2Tir OOI1�Il+dISSION OI+' THE GITY OF CLE`ARU�AT.ER,4 FLORTAA: Sec. 'l, T.hat Ordinance I�o. L.OI�, being the Gity Traffic Ordinance, as a�ended, be, and the s�ame is hereby furthar aniended by a,ddii�g a subsection under Sec. 60,(b), groviding speed re- strictions in school �ones, as follows: 'T(6) Fifteen miles per hotm in ax�y scJsool zone." 5ec. 2. All Ordinances and parts of �rdinances in con- flict herewith are hereby repealed. Sec. 3. This Ordir�ance shall take e�fact immediately. upon passage, PASSED 11ND ADOPTED by t;h� Gity Commission oi the City of C:learv�ater, Florida. PASS� on First Readin.g Ma,y 5, 1�4`7 PASSED an Secand Readir�;, I+ta,y 5� 1947 PASSE➢ on Third •Readi� NIay 5, 1947 � J'. . Houz ll�a -Com�i ssioner AT � Fra �oole.v City �,uditor andClerk '�Y�`re—�b�3�i/ fla.r tY�er ^ e. �he-�e�i-��; z4��ed. � .., . . i i � , . . , � � - _ -,�;_��,�er� . � �i �,, .� � . __ rk • � , � 1 � ti . .. . � V /O`-� CTTY OI' CLEARo7ATER CIm� cor�vasslorr �Irrttr�s, a�Y 5, �947 Young Wonen's Christian As:>aciati�n Clearweter, Florida MaY 5� �947 Honorable Joseph Houze, Mayor Commissioners; T. A. Johnson, J'. Ei. Crane, H. IJ. Sargeant ancl W o C, Wells , City of Clearwater, Florida. Gentlemen: The Board oP Directors aP �the Y.1Y.C.A would like to call �our attention to the concliti on of the tenr�is court in Seminole Park . Among our taen-age groups we �ave quite a fevr interested in playing tennis and have been tryir.� to encourage a greater interest through instruction. Our direct� has bee�.takin� a group to the Seminole Park court, but it is nat in fit condition Yor play and in actually hazardous. As the tennis cai.rts as �hs �tunicipal Auditorium are un�er the direction of tb.e Clearwater Tennis C1ub, we feel there should be some free courts �vailable ior the �een- age players. Therefore, we hope you wi11 find means to 'repair - this tennis court. ' Since wholesame outdoor reereation is so important in any youth trairLing program we are sure the Citv Qomnission wi11 be g].ad to do all they can for the youth of Clearwater. Thankino you �ar your coi�sideration of this �atter, we remain, Sa.ncerel y, Board of '�ix^ectors Young Wo�en's Cnris�ien �ssociation Bp: 1�1rs. i"d. H. Valentine Yreside�:t. �. t '�� ,� .,, �' �� �. , „.� . ., , � h;:'x,,.. t . .. '+����:�.. � i 1 r'. .i �, . -_ ,_ e 0 � 9 - s : � �� . CTTY OF CL�RPJATN�2 e2� co�ssloiJ rirsr�trr�s, r�uiY 5, ?947 �pril 24�� 19.47 City Manager, Citiy af Cle arwater, Clearwater, F1a. Dear� Sir: At a rec�t meetir� of the Deacans Board of this Church �he Deacons voted to reclaim as e private driveway the driveway just south of the Church building. This driveway ia a part of the Church propertq and is supposed �o serve tY�e Church and Pastoriur,[ of the Chzireh. But some�- time ago the Church agreed to allow the City the us e• of the clriveway to �airi entrance to the buildings at the� bac;h of the park providing the City would keep up the driveway. This p�st winter this privelege }�as been abused by those who nsed the driveway. They have parked their cars so that at times it wss not possible to get in or out - h�ve also xerY.ed an the Chureh lavan slong the driveway until now thzre is no la�vn there. And the drivev�ay itselP has '13een in bad condition most of the winter. Therefore the Ueacons B�rd veted to close this driveway to the general public - allowing iti �o be used to serve only the Cht;rch and Pastorium - and the C'hurch will again ass�age the upkeep of the dri�eway. We would appreciate the cooperation oi' the City in not allowing.parking, on this propert� Prom nows:on as the Church is goin� to again have a lawn shrubbery on this side of tne building, Yo�,trs truly, . The Board oi Deacons,: Calvary Baptist Church Cle arwater, Fla , By D4rs . �2 . L, B2ke r Ghurch Sec'y To City Manager From Chief Elliott Subject �lttached Letter I sep no objection to our agreeir� t� the re�turn of the property to the church, as it is only sarvi ng a s a parking space, • J'. J. Elliott Chie?' Elliott. Apri 1 23 , 194-7 City Commission, • City Hall, Clearwater, Florida, kt�tenti on; ��Ir. Frank Cooley Re: xpplication � tlmerical T�egion �lub Ziquax I:icense Gentlemen: � Turner-Brandon Post of the American Zegion has made application and rec�ived appsnvsl from �he State and County for a Club liquor license �or its dugout located at tihe Zegion home on I'hoenix �lvenue in Clearwater, Florida. � Kincily co�.sider this as a request for applicat:ton and approval bp the City Commission of Clearwatsr f'or a City li�ense for the operatibn of a dugou� wh�re drinks may be servod at the Zegion home on Phoenix ` Avenue. The dugoi:t, or bar, will be under the management of P�ir. Tom Farrell. Your consideration wi1:l be greatly appreeiated. Very truly yours, AIuiEi�ICAL L�ION Turner-Brandon Post No. 7 By W, S. iNi�p tman C ommarL d er � V �� �pril 29, 1y47 The Honarable Board of City Commissioners, ' City of Cle�rw�ter.> Clearwater, Floridaj. Gentlemen: The City Planning �oard, in regular maeting assembled r"ipril the 28th unsnimously adopted o Resolution calling attent.ion to the City Commission the usgent need of a sidewalk on Greernvood Avenue, fi'om Howard Street on the south to Marshall St.reef. on the north. The City Planning iioard canbiders tne lack of sidewalks in this area as a distinct daily hazard to pedestrians'in g eneral And school ahildre�i in particular and :are of the opinion that some way should be provi ded, evan if it has to be of a temporary nature, if at all possible before the begiunir� of the nex�,�ty school year. Yours very truly, CITY 1'L�TN2NG BO�RD BY FRF�NK CO OL� • Secretary xpril z�., 1947 �Tr. Boyd A. Bennett, City 14ianager, City Hall, Clearwater, Florida. _ In re: ltiarshall Dancy Vs. • City of Clearwater. Dear &ir. Bennett: On July 3rd, 191�6, tnis•oifice waa employed by the City of Clearwater to defend the �ity in the above cause: This suit has been brought in an effort to obtain a judgm_?n_.t against the Citv of C'learrvater in the sum of $p30,080.00, and arose by reesan of a contiroversy between Shielda and Company, the City's xefunding agency, and the City when certain bonds v�ere called on J'uly lst, 1946 and refltnded by r7uveen and Company. The plaintiif in this cau se clai�s that there was an error in the call flatie; th�t the c�11 d��Ge should have been Ju1y lst, 191i:7, which would have e�titled the holder of the co upons attached to the b�nds to an additi o�al years interEst. To the complaint iiled, this office filed a motion to dismiss and argued the same before the Honorable vozier DeVane, on the United States District judges a� T�pa, rlox•ida, and J'udge DeV'ane held, in, substance, tha� he vaould nat enter an order to z•eT'orm or cuange the bonds. I3e permitted the pl�,inti�f, hcnvever, to proceed tivith the suit to prove, if. he could, �� that the City of Clearwater had legally obligatad itslei to pay to Shields and Company the am.ount oi money above set %rth for their services r.endered in orig�nally refundir� t�hese bonds. We have filed an answer to this ' therry of tihe cass snd the same v�as originally set for trial on xpril 28th Horrtever, on yesterday ���e �mesented a motion to the Federal Court to continue for the reason that IYfr. Hugh Hendrix, wlio vaas 'the City I�ianagsr, is unable to appear as a material witness for the City, �t this time vae do not knaa exactly v�hen the cause will be aet for a final trial, ��r. �'rank Coolep is familiar with. �3ae details of this " ' employzgent and our recolleetion is that the City of Clearwater was to pay us the sum of �;1�50Q:OO for represe�.ti� the Ci�y in the Federal Distriet Court. VTe l�ve not re�uested payment of any portion of this fee until t�iis time, We have done a great deal of research work on the case, prepared and filed a11 of the necessary pleadings, and h�:ve had three arguments before the �istrict Court in Tampa with reference to same. We feel tl�at is is in o�cler nan; ior the City to pay to us the sume of �750.00 and to pay the balance at the �cime the trtial is concluded. I will '�e glad to go over the various details of the matter with you at your convenienee. I would appreciate your securing for me, at this time, all of the recor�s available at the City Hall with referen,ce to this trans- �etion. Thonking you, I am Yours very t ruly , ' ` Cyri.l E. togue. � �� , .- - CITY QI' C7�ARt'JAT.�ft GTTY GOMD'fISSION N1INU1'ES, T1IAY 5, 1947 , R E S 0 L U T I 0 N WHER�.EAS, one �tanley �Zclntire has made a request for a certain franchise and has presented same to the City, �nd; VTFIER�iIS, said pronosed frranchise is as �ollows: ' ' VTHER�AS, Stanley ilicInitre, his associates or asaigns, propose to build and opexate a plant for the purpose of supplying any necessary medium.for the air conditioning of buildings �r�ithin,the co:rporate limits of the City. of Clearwater. THEft`�'ORE, be i� ordained by the City Qomm.ission of the �ity of � Clearv�ater that:- l. Stanl.ey IvicTntire, his associates or assigns, sha11 have the right and privilege and the same is hereby granted to srect, establieh, buy, sell and o�erate a NIaster Central Plant and au�iliary plant, or pl�nts as may be necessary, for the p�pose of manufacturing and distributing steam, hot water, cold water brine, cold air, or any other product that may be used �iirectly, or indirectly, for th� heating, cooling, air conditioning, or refrigeration of , and in, any buildings and he shall have the right to so manufacture the said mediums and vend the same to the citizens and to any corporation therein located ior the term of 20 years irom the date af passage of this ordinance, provided, hvauever, that this franchise is sub.jeet Lo the condztions as hereinaYter set f orth . 2. Said Stanley PdeInti?^e, his associates or assigns, shall, during construction or installation, indemnii'y and save harmless the City of Cle�rwater fr�m any loss or damage irom an.y act or thing on the part of the said St�lay McIntire b;� v-� rtu� of . the authority and consent herein ,�ran.ted. Said 3ond shall be in the �ount of Twenty Thousand Dollars,(,�20,000.00). 3. Said Stanley Mclntire, his associa tes or assigns, is hereby authorized to construct, maintain, establish and op erate the plant in the said City and he is authorized to lay and �intain under the stxeets, pave�nts, elleys, or any other public.. w�ys of the said �ity, such pipes, conductors, conduits, connections S valves, fittings, and sucn otiaer things as are necessary for the safe, practical a�d econQmical construction and operation of this propertg f or the purpose of earrying on this said business. 4. If, during the period of this franehise, at any time Stsnley McIntire, his a Jsoci ates or a ssigns, shoulci abandon the use of the I�4aster Central Plant and the augiliary plant, or plants, wholely, ior a period of one (1} year, in that event aIl the pipe, connections and conduits under the Gity streets would �� become the property of tne City and Szanley I�clntire, his associates and assig ns, wo uld have no ri�ht �o remove the same nor would have any intere�ts therein. 5. Stanle3� Mclntire, his associates: or asaigns, agree that in the , installatiog of the said pipe, connections, c�nduits anrl other • conveyances of said service, they will use standard practice� and methods in�:the installation and will not unduly injure any Citg property in the installations. That, v�here it is necessary to instail under the straets and sidewal.ks, the same shall be �one ' subject to the apprcpal of the City hIanagar and restored at the expense of the said Stanley Mclntire. Tha t, in every installatlon, the mos t direct rout� possi ble shall be used. That, although the said S�anley McIntire shall have tlie right to make the said installations, the City Manager shall make reasonable designation of 'the location of the said installations. 'Gr�ntee herein, his success�rs or assigns, agree that any portion of the street� and puUlic places r+ihi�h are distil�bed or excavated in any oi its installations shall be kept in rapair by the grantee daring the life or existenae of the .particular pavement or sidawalk disturbed or broken, provaded,, �th�t i� such streat or side�valk shall be relaid by grantee and approved by the City Manager, then this liability shall ce�ase. 6. The City of Clear�vater shall have t.he right to levy a franchise t�x not to exceed four peroent (l�g�) ��n a sum equal to the total monthly charges �o custo mers oz said business. The �ranteQ, his 3uccea�3ors and; asaigns, shall be required to keep proPer books of acut�unts showing monthly gxnss receipts fmm customers and shall mak�, a state�nt, in writing, showing such receipts for �iach sc�mi-annual er' od endi J Oth d D p i ng une 3 an ece;mber 31st af each and every year, and, based on sucl� statements, shall mAke payment to tho City Tax Gollector of i;he �ount sho�n to be due by s�zch s�atements. The City shall have the right to r _ :;•,� \ � � v inspect and audit the book� of said business to corr�ctly determine said tax. Nothing herein contained �shall prr�vent the City of Clearwater fxoni levyir� and collseting an ad valorem tax on land, bualdings and personal property oi the grantee, his suceeasors ar assigns, located within the City, diuc`� the term hereoi', provided, , however, no additional tax shall be levied on said business other than the franchise tax herein prov�eded. 7. ..In the event the grantee, his successors or assigns, or legal representative, shall violate any of the terms or conditions of • this franchise and shall continue to viola�e same �or a perioa of sixty (60) days after notice in writing is given by the City Commission, then t'he City Commission may d�clare a forfeiture � this franchise in the manner prescribed by law, $. Grantee, his successors or assigns, shall have the right to rE�new this franchise on the within, six (6) months grior to i-�s expiration, on terms then to be agreed upon, said tezms not to be in excess of any such similsr franchise which might be granted to any other person. t�TD 4YHF�'.�EAS, in the opinion o�' the City Comt�issior of :the Gity of Clearw�ter the e�aid franchise is fair and reasonable, and; WH�iEAS, the City Commiss�on of the City of Clearwr�ter deems it to tha best interest oi the citizens o� Clearwater to agprove said .fraachise and grant the same, provided certain cond�itions are met by the said Stanlry IvlcInt:tre; NOW, �REFOR�,, be it resolved tnat the said pmposed franchise is faix and reasonabl� and protects the interests of the Cit3T of Clearwatex and will promote the welfare of the citizens and businesses therein; Be it fur-ther resolved tha t, upon the app�roval of the City Ivianager of a band, as provided .in Section �'+r� hereof, and upon the erection of the outer .wall of the Master Central P1ant 7�erein provided Por, then the City Commission af Clearwater will ad�pt the necessary oxdivance or resoiution, placin� the above franchi.se in fu11 i'orce attd e�fect, and upon the signir� of the said franchise by the said Stanley �cIntire, his associates or assigns, the City of Claarwater shall execute the sai.d �ranchi�e. Be it further resolved that, in the e:,rent the �.id bond is not filed and said outer wall of the s�id Master Central Plant is not constructed within a period of one {1) year irom the date hereof, this resolution sha11 be of no force and efYect. PASSED 9i�iD �1DO�TED this 6 day of _ Ma;� A.D. 1,91�7 ,� 14iayo ommiss' er ! // . � x� Aprilz2, 1947 \ ------- ----- - -- �Ir. Boyd k. Bennett, � City P�anager�, �learwaters Florida. I�ear �iLr. Bennett: The 2uning Board has approved a Trail.er Park and Tourist Court on lots in Coachman Heights. > It vuas recommended that directional signs not ovsr �2'� x 2�" be permitted where now they are prohibited. All si.gns bs uniform and of s�ne color. Zocation oi' said sign be authorized by the Building Inspector. Your s very truly, Thos. L, }3oteler Secty CITY ZOI9IIJG BOiiRD TLBs ja There bein� no flzrther business to c�me before the board �he meei;ing was adjouined.' , ' � , �" l�.a;�os:, mmission iZs4.���. : ity �.�d��or and Clerk � t� 1