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11/17/1947 '.,'.:.!, '. .IL ..... , ~~t~;'"'-.,-'" , :'I:;(::'::':d~ ;" ..,',', :.J1 ..'.", .' ;., .t, . " 'r.'; ~ / \ , \ I j I J I , I . i /!.82rj ~t"'~~ ~ ..;,..':1.::'" '''-,~'' '. '~,:, . . ........' , '.....:, :~" ' ,.,~; .,: ,,:'. crrrY COMMISSION MINUTES November 17, 1947 i#i;:.,.,"[l,.' " r, "..' , ;., . '.... .' " ' ,. . .." .' '., f .: ,;-:",: ' hI',:","::,,;', " ' .:'. '" '. .>.. ~... " , " .... ."'. , ':. ". .' . . .' i.:;'....": I ..' ..',' , ( I I 1 I I : -~~tJTJ..IlrJ,-'T.(..~r....~,::~.~~~ The City Comuission met in regul~r session the evening of Hovernber 17, 1947 in the City Hell Cit 7:30 j?M. wIth tIle following members present: J. O. Houze, T. A. Johnson, Harry D. S~reeunt, W. C. Wells, J. H. Crene. Absent: None. Others present were: City Munager, .cloyd J.... Bennett, City Attorney, George VI. Smith, und Chief' of .1.:'olioe, J. J. Blliott. The meeting w~s culled to order by 1.-18Yo1' Houze tlnd the minutes of the two provious meetings were.ruad and approved with the exception ut the suggestion of GOffili.is:"ioner Surgeent the Gi ty Clerk wus directed to have the Commission minutes 01' November :3 show tht:.lt Leroy It. Garrison's l>ensi on benefits were to be assumed und peid by the General Fund. I I i i t , I I ; ! I i I I I , I f I: It was moved by Commissioner CrE:1ne, seconded by Commissioner Johnson tlnd unanimously curried thut the epplicution of Mr. & 1,l.rs. Adolph l.Julomino 501 S. Ft. Harrisun J\venue for a beer license consumption to"be off the premises be denied. It was llloved by Commissioner Grane, seco nded by Commissioner Stlrgeant and unanimously carried that the liquor application of Clearwater' Lodge #1030 Loyal Order of Moose, 636 Chestnut street, be approved. , 1.~'. ~\ .H. resolution vms l'eud by City Munbger Bennett which would require that certain properties uS described be cleaned off at the expense of the owner. This resolution is set out in full below. It was moved by Commissioner Sargeant, Seconded by Uonrnissioner'Crane and unl:lnimously carried that the resolution as read by the City Manuger be ~dopted. The question 01' i.)utting Illarl on l'urk street and li'ranklin Street was referred buck to the Uity Manuger with the request that he contact the property owners und see if they would be willing to pay the cost of such street work. Th~ City Manager reported that there are no funds in the p~esent budget to talce cure of this work. On the recomrO\'1ndclt ion of the City lvlamiger , it VJas moved by Commissioner Crane, sec onded by Cornmis sioner \'Jells end unf:1nimously carried thE.l t thet'ollowing gas mains be tlpproved; 600 feet of 11 gas main on Grove Street 1000 feet of l~ gus main on Seville Street . $270.74 513.41 J\ petition woo read signed by upproxbnately fifty residents of the Pine Brook Subdivision 8skin~ thbt the City Comroission conside~ and act upon the subject of street lighting in that section. '1.'he peti tion sot out that the Chief of the Fire Dep~rtment st~ted that proper lighting could be had by the installation of nine lights. The City Naneger reported that he hud bsked the power company to furnish estimlltes of the fJrobable cost. The Conunission 'by' ununimous consent requosted .the City l\'lLnuger to secure f,ram the power company the cost of the required light inst81lations end whether or not the expenses of such install~tiolls viould lwve tlO be born by the City. Mr. Ben Krentzman, on behalf of the Clearwater ~lying Company, offered the audit of the comptlny med,e by H. M. Turnburke. This offer 'canie after a discussion of the C:bty" s intention to have an a1.,ldit m!:lde of the compcmy's 'books as provided in their contruct. The matter us to whether or not an independent audit would have to be made or that the company's Ciudit by Mr. rrurnburke would be sufficient, was 1 eft up to the Oi ty 11snuger. Commissioner Sargeant reported on the ilaying of gas end water InBlnes .out~ide of the, City.. He repo~ted that he thought that the cost of gLS lines outside' of the City' should be paid for by the customer; thut some refund of such cost be returned to the customer over u 11eriod of ~rears. It was moved by Com ,issioner Crane, seconded by Gonrnissioner Johnson und unanimously carried that the report . of Gonunissioner Surgetlut on gas main extensions bo ~ccepted, that the City Manager be instructed to bring back B report uS to hQw both g~s ~nd'wuter Irwin extensions should De finunced. ' City Manager Dennett read a letter stating that the State Ho~Q Beptlrtment'had agreed to,stl:llld one-hulf the cost of rep<:;i:r:ine the ea:;>t Clearwfjter Causev.;ay Bridge; the obligation of the State H.oCld DepE:rtlnent not to exceed, however, ~12,OOO, and the City ~Bnager ~econ~ended that the offer be accepted. It was moved by Commissioner Johnson, seconded by Commissioner. Crane and unanimo usly carried that the rec omuen:wtion of the City Manager be approved and that he be given ClutllOri ty to accept the of,for of the state .,{oud Department. . Two letters concerning zoning changes sic;ned by Oliver H. .hnd~rson, Secretary of the Zoning Bo~rd und Herbert Blonton were reed end ure set out below. It was moved by Commissioner Sargeant) seconded by Conunissioner Wells and unanimously carried. that the proposed .:4oning Law changes not be p18ced on the bell~t.~. in th.e ,De~ember. eJ-ec'j:.ion but ttlat the vote on the changes be deferred until about April 1 of next year, in order that'suff'icientOtime miBllt be had tb thoroughly investigate such proposed changes. ~ _...__.'''1'''9'0'--__ :,.,.. " '" .....I..:15i,;'{Z7;. '.;h!:1.,?},(f~;l~,;!.' ....'T1 ;~';:?~;;>, ".'~ . ,""'" . .. . ':j 'J ] , " ',1 'I .;, J, ! I t .i l I , i 1 , i I i j , " " ;., ,\.' . ..' J . I',' " '." ." .,. '.' -. ..... .~ . , . ".', . , . ',~. .-.J. '"p\", . 1..... '..' ,,1- ',V".., J. E. Sutterfield, on behirr of L. ll. Heid ownor of Lot 30, o. ~erry Snell'13 Blu1'fviow Sublli vision, Lwked thu t the 0i ty consider the cllu nglng of the zon,lng on Lot )0 from. i(-l to 1<-2 !.:lIld tlu;t the rout tor be considered uS a h~rd9hip oese. It WUB brouBht but during the discussion thut it wus u possibility that the draftsmen had illudo 0 mi~t8ke in sho~lne Lot )0 ~s rt-l. It WbS ulso urought out that the zoning board WUB unanimous in reconun~nding that Lot )0 be ohunGed to H-2. It wus moved py CoInID.ts~li;Jner Sergeant, s ,::conded by Commiss ioner c;rune f., nd ununir:1Ously cu l'xied th tit Lot 30 be oonsidored os u hardship cose., l:I nd thu t the 01 ty c.;olnm.iss ion c onsi<ier chu n~ing the zoning all this property et its next reeular meetinB. The request o~ Herbext Blanton fox the ~pprovol or a new map changing streets' dimensions in front of Lots 11, 12, 13, E:lnd 14, Block G, ~eystone I.luIlor \'I~.[; d of erred unt il the nest rcgulfu' Illeetillg. Mr. A. E: Harbison \H:lS l1resent end 1J):'0 tested lJ 1 etter i'rom the Oi ty ~lanL1ger Eldvh.:ing him to PCiY ~;)? 5.00 to tile ovmor 01" u 1)r1 vLtte Vluter line or the Cit;y would hove to CLl.t 01'1' his vlc:.ter SUlIIJly. No'action wetS taken in the matter tending further inveatigution. MOYOl' Houze rel)Orted tlH::it the Crest Luke 1,5 sociu ti\)n would hold a memorial service in honor of lire Ch~):'lie ~haw, former p~rk su~erintendent in Crest Lelce l~urlc, the )Oth of September b nd that a tree Vlould be planted. Bnd dedicoted in his llanoI'. Ordinance No. 550 "An Ordinenbe authorizing the issuance of $525,000 Municipal Utility .l.{evenue Certif'ic/:jtes, Series 01' 194-7, of the City of Olearwoter, Florida, ond providing for the payment of the interest on ~nd principal of said certificates," was introduoed in written fOI~ and caused to be read in fu12. It was mo-sed by Commissioner Crune, s ,jc;)nded by Commissioner J"ohnson that proposed Ordinance Ho. 550 be pClssed on its fil'St re<:Jding. The vote OIl the motion wes 8S follows: Aye: T.i.. Johnson, '\I.C. '~lells, J.R. Crune, J. O. HOU2,O Nuy: Harry D. Surgeant. Whereupon the Mayor deolared the motion duly oBr~ied. It WttS moved by Commissioner Vlells, seconded by Commissioner Sargeant that all rules requiring deferred consideration of suid proposed Ordinance No. 550 be suspended so that the' said pI'oposed Ordin8nce may be oonsidered for l'inal adoption at this meeting. The vote o.n the motion WbS us follows: Aye: T..h. Johnson, VI.C. vlells, J"lR. Crene, Harry D. Sargeant, J" .0. Houze. ~ay: None. Whereupon the Meyor deolared the motion duly carried. It was moved by O'omruissioner Wells, and sec,onded by Commissioner Orane that said proposed Ordinanc e be now. read the second time by title only. The vote on the motion was us follows: Aye: T.A. Johnson, Harry D. Sargeant, W.C, Wells, J.R. Crane, J.D. Houze. Nay: None. Whereupon the Mayor deolared the motion duly oarried. Ordinance No. 550 wus now reed qy title only and it was moved by Commissioner Wells, seconded by Comnissioner Crane that said Ordinance No. 550 be passed on its second re~ding. The vote on the motion was as follows: ~ Aye: T.JI.. Johnson, Harry D. Sargeant, Vi.C. Vlells, J.R. Crane, Jo O. Houze.. Nay: None. Vlhereupon the Mayor declared the motion duly oarried. By unanimous consent J the Pl'oposed Ordinance VltlS retld the third time in full. It was moved by Commissioner Crane, seconded by CommissioneI' Wells that' proposed Ordinanoe No~ 550 be pus'sed on its 3rd and final xending. The vote was bS follows on the motion: ! .. ~ , I Aye: T.~. Johnson, Harry D. Sargeant, W.O. Wells, J.R. Crane, J". D. Houze.; .' ,"*.1'; t.:, '. Nay ~ N~me. ',.... r:....',!.... ... . ~ :", ".; . I~' tt~,'::gr;::p. t".... .'.' I,.,.. . I:Hij~j~h.(:: I;};'::/,';\?:~:,I,:. I.';.,:::,.,. i: i, " : '," < : ' '(j , .' I, \ . , I- ~.' , ~. I.:::: '~ , "',"'; . ' .' ;_::~':<.;'. ~.:; t",.," ',;",..., " II ~;"'~\1.;:~.:/.;~i~~(: \ '\ ,-" ~ ::fi:.:~i\t;k. , '. :~.~ :.l,:.:{~~~.~~:.~ l 1:' ,,"' "{(,~~'I~j; ,{ ;~;;~G~~?~1fft , {".~'. ..,-/" .~~. ":": ;> .1.: ~ '? :r:1~~~' . '. . b.-. . . ,'. """,;,.' .: . . ...+y:,}:("'~'" "\':<-:1 " :1 ,.' ." " ~ i '1 , ~ ,:.1 <'~ , " j '18: aITY 001lIMIt3SrmJ !I;INU'r~ (CONTI1ru~D) November 17, 1947 " ~i 1 '( Whereupon the Meyor declared the motion dUly curried und that seid Ordinunce w~s duly udopted on three several reodings. ! 1 (~ It was moved by Oommissioner Johnson and seconded by Commissioner Wells thl::lt a s eporote vote be token upon the .provisions of said Ordinance that an emergency exi~ts requiring it to bocome effective upon adoption. The Mayor huving put the yuestion on the motion the roll vws celled and the fOllowing voted: Aye: T.A. Johnson, Hurry D. Sargeant, W.C. Wells, J.ll. Crane, J.D. Houze. Nay: None. Whereupon the Mayor deolared the mati on dUly 001'1' ied and that by unE:Ulimous vote' of the City Commission the Ordinunce is effective tlS an emergency measure. The City 11.udi tor and '.nerk onnounced thfi t the said Ordinonce hed been signed by thl9 Muyor OHDINhNCE NO. 550 I , f, f: f:' t " t.'.. , I,' .. , i I' '.' ", . ",\ , .hN OhDIN,.N0;~ uuthorizing the i seuance of ~?5?5 ,000 :tviunicipul Utili ty Hevenue Certificates, Series of 1947, of the Ci ty of Cloarvlbter, ,l!'loridu, u nd provid- ing for the pa~nent of the interest on bud principal of said certificates. ", * * * * * * i j I I I I I I ~ i I " , . ,j . '! J rlH~Rii:i\S the City of Clearwater, in the County of ..i.Jinellas and State of Florid~, is a municipol corporation duly organized end operating under the Constitution ~nd Laws of the State o~ Florida, including'purticularly Chapter 9710 of the Special ~cts of the LegiSlature of Florida, 1923, as amended, bnd pursuant DO said chLrter law suid city now owns end operates utility properties supplying water, Gas and sewage services in and to said city and its inhabi- tants, and under authority of said charter low and laws supplemental thereto said city is empowered to m~int8in, operete,improve and extend such utility properties and regulate and fix reasonoble rates and chbrges for the services furnished thereby; and VT.HErlj~1S said city now has outstanding its Water Revenue Certificates dated December 1, 1935 in the principel emount of $51,000, beari~~ interest at the rate of four per cent per annum and maturing serially on December 1 of each of the years 1947 to 1955, inclusive, which, by their terms, are payable from and secured by a first charge on and pledge of the revenues derived from the operation of the portion of said municipal utility properties supplying water service remaining after payment of costs of operation, maintenance and repairs of said portion of said utility properties; and " ' WHEHEr.S said City now has outstanding its Gas Hevenue Certificates dated December 1, 1935 in the principal amount or ~;59,000, bearing interest at the rate of four per cent per annUDl and maturing seri~lly on December 1 of each of the years 1947 to 1959, inclusive, which, by their terms, are payable from and secured by 8 first charge on and pledge of the revenues derived from the operation of the portion of said municipal utility properties supplying gas service remaining after p~yment of costs o~ operation, mainten~nce and repairs of said portion of said utility properties; and ~.....,< ":'". .....' ,..:;::'u'{ " "~'\;~:'~~ .~' VlliEREAS said City has also now outstanding certain Gas Plant Bnd Sewer System Hefl1.nding Hevenue Certi1'icates dated October 1, 1941, which are the unpaid remaindor of an original Buthorized issue of $259,000, authorized by Ordinance Number 484 adopted by the BOa~d of Commissioners of said City on .January 9, 1942, which certificates bear interest at the rate of three and one-qua~ter per cent per annum end by their terms are payable from and secured by a first charge on ond pledge of the revenues derived from the $~sr~qn of the portion of said municipal utility properties supplying sewer servico remuining efter pa~ent of costs of operation, maintenanoe and repairs of said portion of said utility properties and by pledge of the revenues derived from the operation of the portion of said municipIa utility properties supplying gas servioe rem~ining after payment of costs of operation, maintenance and repairs of said portion of said utility properties and after there have been made therefrom all payments required to be made for the benefit of the hereinabove desoribed Gas devenue Certificutes; and , , . oil, VlHEREAS the revenues of the portion of said municipal utility properties supplying sewer servioe and gas service uvailable for deposit in the Sewer Revenue Fund created by Seotion g. of said Ordinance Nwnber 484 for a period of not less than twelve consecutive months preoeding the edoptlon or this ordinance, to wit, a period or 12 co nseoutive months, have been equal to at least one and three-fourths times the amounts required to be deposited in the Operation i~ccount for whioh provision is made in said Seotion 8 and .. .--.. -"...,,~.....,. .. .:;,..'. ,; ,,;. ,:,;.", 61f r::',~, L.."~;:t ! :...:..~'(,'" t.' . n,: :," ~ .... ~. I . " , '. . '~' ," . " ," . . '.' .', ,'fO"",' :". '.'.';:-.'i{i.:':' ,,',. ....".. , .. . '. . ~.;; ; . . .. .... ""':1" . ~.:, ~.' ,',' I.::' " . .; :'....;: . t" " "', ," ," ,l:\ .,: required to be delJOsi ted in the Certifioates Sinking .l!'uud for which proviDion is made in said 0ection 8; and \':II.&G!:hS the 01 ty Gomruiss iOll 0 f said City h!:.\s heretofore combined and oonsolid~ted all of suid municipal uti~lty properties supplying water, gas und seVI/;;lge servioes l:.lS aforestlid, and in order to maintain and operate said combined end oonsolidated municipal utili ty l)rOperties it is necessary for the preservation of the heelth, convenience l:::lnd safety of said City and its inha bi tents to oonstruct improvements, better'men ts and extensions, and to finance the cost of othor improvements, betterments and extensions heretofore made, for whioh purpose it is necessary that funds to the amount of ~'ive Eundred Twenty-five Thousand Dollars (~525,OOO) be provideq; and ,.r-) './IIEREAS ull of the Obligations of said city l:l s undertaken and expressed by the proceedings pursuent to which said presently outstanding Water Hevenue Certificlltes and GElS Hevenue Certificates were issued Ell'S current so as to enublo said oity at this time to issue additionlll reVGnue certificates, as hereinafter authorized; wnd Vlhereos the estim/;;lted revenues to be derived from the operation of sl:.lid combined end consoliduted municipul utility properties are more than ample to }lOY all operl:.ltinr~ and mtlintel'lBnce costs, to pay the Bnnual interest and sinking fund requirements for said presently outstbnding Water Revenue Certificates, Gus Hevenue Certifioetes and Gas ~~ant Bnd Sewer System Hefunding rlevcnue Certificates und to pay the annual interest and sinking fund requirements for the additional revenue certiricates herein authorized, the average annual net earnings during the ensuing twenty-five years having been estir~ted at more than ~ 150,000 NOW, IJ."H&El~ORE, Be It OrdEdned by the City Commission of the City of Cleurwatcr, Floridu, as follows: ! !' ,..,' . ',',. "i".". . .,',.1....>' liN:;~{~~\ ' 1';"';""'+\'l~Y""'\ Section J:.. 'l'hat all l)rovisions and declarati:ms for the ownership, control operation and maintenance by the City of Clea~}eter, Floridl:.l, of its municipal utility properties supplying ~atar, gas Bnd sewage services in and to said city on ~ oombined and consolidated basis are hereby ratified and confirmed, and so long as any of the revellue certificates hereinafter authorized remain outsta,i.lding !:Ind UIlIJaid said, Itlunic ipal utility pro l)erties shall be so owned, controlled, operated and maintained, and sh[;ll constitute the security for said revenue certificetes hereinefter authorized and provided. '::-, \ Seotion 21. ThElt for the PurlJose of construoting improvements, better- ments and extensions to said municipal utility ~roperties and financing the cost o~ other improvements, betterments Elnd extensions heretofore made there be and there are hereby ordered issued the negotiable 1~iunicilJa1 Utility Revenue CertifiCates, Series of 1947, of said city in the totol principal amount o:f Five Hundred 'l\'Venty-five lJ.'housbnd Dolll:.lrs (~p525 ,000), Said certi- ficates shall be in the denomination of $1000, shall be nWllbered 1 to 525, in- clusive, shall be d!:.1ted Deoember 1, 191~7, LInd shall bear interest until paid at such ra te or ra tes a s shall be hereafter determined and fixed by sUl>ple- mental ordinanco us a result of oompetitive bidding Bnd public sule of said revenue certificates, 8 s hereinc.Jfter provided. Said interest shall be payable semi-annually on the first days of June find. Deoember of euch year, and said certificetes shall become due in their numerictll order on December 1 of the respective yeers os follows: Year il.Illoun t Year l1.mount - 19~.8 ~26,ooo 1956 $33,000 1949 26,000 1957 34,000 1950 a8,000 1958 35,000 1951 28,000 1959 36,000 1952 30,000 1960 37,000 1953 30,000 1961 38,000 1954 31,000 1962 40,000 1955 32,000 1963 41,000 provided that said oertificates nwnbered l39 to 525, inclusive, shall be optional for redemption by suid city pri or to maturi ty in whole, or in p!:.1rt in the inverse order of th ei r maturity (less than all of a single maturity to be selected by lot) , on December 1, 1952, or on any interest payment date thereafter, and in the event of the exercise of such right of redemption of any of said certi~icates us aforesaid said city agrees to pay to the holder thereof upon redemption o~ said certificates interest in addition to that evidenced by interest coupons then accrued, in an amount equslto three per cent (35~) of the prinoip8l Blllount thereof if cw.led to redempti~n on or prior to December 1, 1955; two peroent (2%) of the principul 'amount thereof' if.' 0 aIled l' or r ademption thereefte r and on or prior to .. ; (7T~~) \;J ~'l L:,~ . , I .....'\I-'"~h".......,......-.... '"--- --',. _. ...v.___ (.: ',:"\, ~ No. ,11" 'if 'fO v 1 '..;,j (if!: r, .' .',...'"" , [,::(,':;\;:,!:(':'::;, ~~ii)f\l.lfv; ! .',...,'. ," " ..'. t . . (", " ! <. .; ;, .' ?': ~ .'- " ,.,. .', ." -',.', . '\~!i~r~'.~'-,.._,.~-" . ......... . ,'," "~,I '"'\"''''' ~ };'!;0;s...~';:',!1 >"::';',:" ,,') ,"::' ~ " 1 ~ J ;1 ~ 1 II 1 1 ) i j UI:'rY COl.i; :IS;~)ION 1.:IiJUT1~[) (CJ1\ITI:ru.l!:D) November 17, 191,,7 (Form 01' Cou;)on) ;1 ~ . - . ".'..,r 1 , i 1 j 1 1 I I I I I ; J On the first duy 01' will puy tu beer0x' :. t the swa of DIJeciul tund roferrod its kunioip~l Utility 19h7, lIwllbereel , 19_, the Cit~' of ClearvlLlter J l~lorida, , in the Uity of Doll~rs (~ ) solely from the to in Eo ml t:or the D emi-DnnuEJl interest then due ul)()n lwvollue Gortlficllte, Series 01' 19h7, dated December 1, I . City Hud.ttor end Clerk I I ; ",.,J NC:lme ot: Hegistered Holder Date 0 f ,Hegistration Signe-Lure of City ,.h.uditor and Clerk , I, Ii;.........;,',': " . ; j . ,;. .: ':.' . . " ";. ..~,.'..'\ .. !'):,I~l~( f'".,,',;O":' '. r. '.;"'.':~;; ~ :,., ' ~ "i ," (' ,':' J ..: ~.~ i' :;~:; r5'if~~~~i1; .. I"",!..., ...~'("+",''''','.. ' ( ";,,v, ,,,,,,,,,: " " 1?~,i)~j11itf~ . I'?"""'''''':''v',-" J l ,...'," "/,'".. 1.. 1:,':':::'Pf' : City l\lunClger l.luy 01"-0 01:11l11s sioner (~or~ of Vulidation Certificute) Validated Elnd contirmed by tl decree of the Oil'cuit Court of the Sixth Judicial Circuit. in und ~or Yinellas County, Florida, rendered on tIle day of I 1947. Clerk of said .Circuit Court (Gertiticutc of he~istration) This certificute IIl8Y be registered us t~) principal 011 the books of the Ci ty ..udi tor [,nd Clerk of the 01 ty of Clearwater' and notation of' such regis- trution mude hereon, 8nd tills C61'tific8te lilUY thereufter be :bransferred on said books by 0 wl'itten li~;l:,igru'lent by the reeintered. owner oi' his attoI'ney, duly acknowledBed, or proved, and notation ot such tr~nsfer endorsed hereon. 8uch transfer tlClY be to beurer Lnd thereby trafisfcI'ability by delivery shall be restored, subject, howevor, to successive registration bnd transfer as before. The ~rincipul of this certiricate, it reeistered, unless registered to bearer, shall be puye.: ble only to t he registered o'\vnel', or h.is legal representuti ve, but the C oUFms CJppertai nine; he i'eto viill reI1l5in payable to bearer, notwithstuneling registI'ution of this certificate. . J Section i. That said 1lunicipal Utility hevenue Certificates shell be registerClble as to principal in ~CCOrd8nCG \Iith the provisions f'or re~istra- tion hereinbefore IJrovided for endorsement upon said certificates, !:lnJ the City Auditor and Clerk is hereby appointed and designated Registr.'r.r for such purpose. No charge shEill be made to tiny holder of suid certif'icates for the privilege of registration. Section 6. That the City at: ClearvlC:lter hereby covenants and llgrees VJi th each successIve holder of the 1\:unicil)Ell Utility Revenue Certi:ricates herein authorized Elnd the coupons thereto attached the t so long as c.ny of the said certificates are outstanding it will continuously own, control, operate and maintain its .municipal utility properties sup;)lying water, gus and Se\'iClge services in and to ..:oid city on E.l combined 5nd consolidated basis and vdll at all times fix end maintain rat os anel c ollec t charges to r the f'b cili ties and services et:forded by said municipal utility properties t:ully sufficient at all times: ..! . (e) To pay the reasonable and necessary cost of operating, maintaining and repairing said utility properties; , (b) To maintain from the aocountable revenues from the portion of said utility properties supplying water services and facilities the "WaterVJorks Revenue Certif10ates Sinking Fund" provided and required to be maintained to se~ure the payment of the presently outstanding 'Water Revenue Certificates of:sa1d City dated Deoember 1 J 1935; "." . .."~.:; ;,'. ~ - ~.. .....~..\.....-- , ;-:., ".' r7fr.:.;;';'''"c,;;.,... '~!~~'!I ~ 8/ :Y);~~;('I . ...'J j I 1 I I I i I I 1 I I .1 i .1 j I ,\ I I I I ! I'..:" ~ .STl. , '~, '. .'. 1'.' l',.. ; , (0) fj,lo meinteill from the occountoble revenues from the portion 01' scdd utility ilroperties supplying ges services Cind f'ocilities the "Gas Hevenue GertH'ico tes 3inl~iIW 1!~und!l provid ed and req uired to be Ineinto ined to secure the payment 01' tho pr'esently outstunci.ing Gas Hevenue Certificetes of' suid City doted Decelabe.r 1, 1935i (d) fj,'o meintain from the accountable revenueD from the portion of said utility properties supply ing gels s er'vices und fl1cili ties a nd sewer services and feoilities the ~He1'ullding HeveIlue Cel.'tificetes Sinking 1!'und" provided Bnd required to be l~intulned under the ~rovisions of the above desoribed Ordinunoe NllII1bor 484 to secure the llbyrnent of such 0 f the G!:.IS P1Cint and Sewer Sjts tenl Hafunding Hevenue Certii'iobtes t=B muy be from time to time outstanding, and speciricully to USGure the existenoe of such revenues annually e~ubl to one ,'Jnd three-fourths times the amounts re4uired to be de 1Josi ted in said sinking fund and in the Operation t~ccount pursuunt to the provisions of Seotion 8 of suid Ordinunoe NW1ber 484. (-) , (e) To establish the muintain u speciul fund which is hereby oreeted and designated "l~;unicipal Utility Revellue Certifioutes Sinking Fund," which'fund will be sufficient to provide for the payment of the interest on the certificutes herein authorized GIld those herein permi tt ed to be i s~3ued on E. IH.lri ty therewith as such interest falls due, pay the princip~l thereof bt or before muturity, bnd to ;?rov ide bnd meintClin B reserve for contingenc ies us hereinafter provide,d; and (f) To provide far and permit to be set aside into B special fund hereby created and designated "DepreciCltion b'und" an amount equal to a t least three per cent of the gro~s l'eceipts or revenues of suid munioipally owned and oper~ted utility properties and to be used ~or extension or reploceruent of capital assets of said properties and utilities. . ,\' \ ,.. I'" " I',',.',', > > , ' \. I: Section 1. That the ~ross revenues of sbid utility pI'opertles shull be deposited as received in a l' unct s eparute c.. nd a pn:nt from ull 0 ther funds or accounts of said city, to be designated as the "Utility Revenue Fund," provided that, so long as there ore outst,~nding I:lnd unpc.dd Clny of the aforesaid Vlater Itevenue Certifioates, GelS i.iovenue Certificutes or Gus l-lant and Sewer System llefunding Revenue Certificates of said city, 8 seperate accounting shall be kept of the amount of such gross revenues of the respective portions of' SElid utili ty properties. The moneys in sbid account sh811 be set aside on the first dElY of eech nwnth into separate and special funds as follows: (a) Ope:l:'ation~ Maintenance tJnd H.epl.lir Fund: There shall be a fund knovlll as the "Opera ti on, Iilaintem.:nce c~ nd RepEJir Fund," into which there shElll be puid monthly out of the gross revenues Q suff'icient amount for the reason- able current expenses of operating, muintaining and repairing the said utility pxoperties; provided, that so long as there are outstbnding and unp~id any o~ the atoresiad ~ater Revenue Certificates, Gas Revenue Certificates, or Gas vlant and Sewer System Refunding Revenue Certif'icotes of said city, CI separate aocounting shall be kept or the reasonable current expenses of operating, muintaiIline cmd repeiring the respective pOI'tions of said utility properties, and the ~mounts thereof sh~ll be ohargeable against the sep~rate accounting of the gross revenues from those portions of sbid utility pX01)erties; (b) Water Hevenue Certificutes Sink:ing J!'und: So long as there are out- standing and unpaid any Uater aevenue Certificotes of said oity dated Dec- ember 1, 1935, there shall be paid into the special fund securing the payment thereof the re4uired unlounts trom the separate accounting of the revenues of the portion of sDld utility properties supplying water services and faoilities all es provided and required by the proceedings pursuant to which said Water Vlorks Revenue Certificutes \"iere issued and are now outsta nding. (0) Gas Hevenue Ce,rtif'icates Sinking J!'und: So long as there Eire outstending l:.lnd Unl)bid any Gas l{evenue Certificates 01' said city doted Decemb,:r 1, 1935, there shall be paid into the special fund seouril~ the payment thereof' the required amounts from the sep~rate aocounting of the revenues 01' the portion ot said utility properties supplying gbS servioes aud facilities, ell as prOVided and required by the prooeedings pursul:lnt to which said Gas Revenue Certificates were issued and are now outstanding; (d) Hefunding H.evenlle Certificates Sinkinr: Fund: So long ClS there are outstanding and unpaid any of'the above described Gas Plent and Sewer System Ref'undinr: Revenue Certificates there shall be paid into the special fund securing the payment thereof, the required amounts from the separute accounting of the revenues of the portion of said utility properties supplying gas servioes and facilities and sew-;r services and faoilities provided to be paid thereinto under the provisions of the aforesaid Ordinance Number h84, end it is speoitically provided, recited and agreed that nothing in this ordinLnce oontained shall be construed to p~edge to the payment o~ the Municipel Utility Revenue Cert1f'ioutes hereiIl buthorized revenues to be derived from the portion of said utility properties sU~plying gas serviaes and fbcilities and seVier services and faoilities, exoept to the extent that such revenues exist ([) " .,;.. " , 'r~."~":_':';"'~"',;;~"-;,- ;;$!'f&\~~, . ~ '. . .:':, ~ . \' ..' '. t,!" ,'. '1 S ?-' ~ <J t., " r r . t. f:"';"::':,.'::'-'" CITY COhTI,:ISSION MINUTES (C ontinued) 'J December 1, 195a; one per cent (1%) of the principal amount thereof if called for redemption thereaftex and on ox prior to December 1,1961; and without payment of E-luditionul interel3t if' oalled for redemption thereafter, end sc.lid city bereos that notice of a ny such redemption identifying the certificbtes to be redeemed will be published at least once not les3 than thirty days prlor to the l'ederoption d~te in a newsptiper or fine.mcial journal of generul circulotion i)Ublished in the City of Ni'lW York, New York, and any such certificatos thus oelled for redemption and as to which funds for the retirement thereof are deposited at the designated place of payment on or before such redemption date will cease to thereafter bear interest. Said certificates shall be payuble BS to both principel end intereGt in la'Nful [HOney of the United stutes of rimerica at the principal of 1'ioe of Chemioal ~ ~ rl'rust Company, in the City of Ne'w York. N. Y. . Seotion 2. Thut s~id certificates shall be executed on behal~ or said city by its City i~uditor 8nd Clerk: and its City l\'lunager, and countersigned by its Meyor-Commissioner, and shell have i.mpres:~ed thereon the corporate seal of the Oity of Clearwl:lter. Interest on said certificetes' i:Jt the ooupon rete fixed and determined as l:lforesaid shall be represented by coupons attaohed to ebch of said oertificates executed with the facsimile signetures of said City Auditor and Clerk, Oity 11enager and Mayor-Commissioner, Bnd said officials, by the execution of sBid certificates, shall adopt as and for their own proper signatures their respective fucsimile signatures B)pearing on said ooupons. ,r--.,\ ! ' . , , ':r' Section ~. Thut said utility revenue oertificates and the provisions to appear on the b~ck thereof shall be in substantially the following form: (Form of Certificate) UNITED S~L',h'l'ES OF ld.:EitICJI. 3':r,.'I'E OF FLOIUDJ'1 COUiflY OF .L?IN&..L.S CITY OF CL&.IHW~TER " :ylU1UGIP..L Ul'ILITY IUVl!J.'WE C.i.iliTIFIC1~TE Si11U.&s OF 1947 No. $1,000 :', I',. .', .;. . ,~0.~ i.!'~ '~l ,;-): ,TRill CITY OF OLEhl{\,l.uT.iliH, in the County of 1?inellas and Stute 0 f ~"loride, for value received, hereby promises to pay solely from the s::}ecial fund provided therefor, ~s hereinG~ter set forth, to the bearer or, if this certi- ficate be registered as to principal, to the registered owner hereof, on the first day of December, 19~, the principul sum of One Thousund Dollars (~1,000), end to puy from said spec~81 ~und interest thereon froIn the date hereor at the coupon rate of per cern (~) per annum semi-annually on the first days or June and December of each year until paid, except as the provisions hereinafter set forth with respect to redemption may be and become applicable hereto, such interest as aforesaid as may accrue on and prior to the maturity date hereof to be paid only upon the presentation and surrender of the Bnnexed interest coupons as they severolly become due. Both principal of and interest on this certificate are pay~ble in lawful money of the United States of .hIIlerica at the princilJ8l off'ice of Chemical Bank ~nd Trust Company, in the City of New York, N. Y. This oertificate is one of an issue numbered consecutively from 1 to 525, inclusive, issued by said city pursuant to and in f'u1l complianoe with the provisions of the Constitution and laws of the state of Florida, including the charter law of said oity, and pursuant to an ordinance duly adopted by the City Oomraission of said city. The issue of certificates 01' ~hich this certificate is one has been a utllorized and issued for the .p urpose of paying Bnd financing the cost of improvements, betterments and extensions to the municipal utility properties of said city, supplying water, gas and sewage services. It is provided in said ordinance that the Commission of' said City shall fix 8nd maintain rates and collect charges for the faoilities and services afforded by said utility properties sufficient to provide revenues adequate at all times to pay the cost of operating, maintaining and repairtmg same, and topay into e speci~l fund created by said ordinance amounts fully saff'icient', ufter allo\'1ance for such costs of operation, maintenance and repairs, to provide for the prompt payment of the interest on end principai of said issue of certificates and all other certifictltes issued on a parity therewith'under the restrictions and provisions of said ordintince; provided, said city has outstanding certain Water Revenue Cextlf'ioates, Gas Revenue Certificates end Gas Plant and Sewer System Refunding Revenue Certificates, which .by their terms are payable :from and secured bjT a fir st charge on bnd pledge of respeotively the xevenues derived from the operation of the water works utility properties, sewer system and the gas plant and system of said oity remaining after peym.ent 0 f costs of operation, maintenance a nd repairs ot those respective portions of seid munioipal utility properties, 'and -. ... ---'*'~"--- ---" i ( f , I, I . f ..'....:,' r I.,., . .' ,'~ , ",;' .", ,.... .<:.~ ';";":,J;:;":" '.' ,. I , !: ", f .. ",--.' ,,', ~. .>,',';~~~%;: . ' t" ".,', '..'." ..~' " '. r,:1~,~\~';; " " , """,' , ! . . ,"";" ~.. " r~f;';If~: · ~ Si.;t;~L · ~",: ',',>"....,It"". , i\~f~;;:,!i{B! ~ik i .'~. ' ~: ~f Ma yor-CoInJ;d. s oioner , ;, . ,... if ~,; .... , ,"'1 i : 'r 'I ! i I i 1 --",.,. ',' .',.. ,":,1, 1:.:' , , . : ' ~".' '..1.' . -, "::1.,::'. j ',.J j 1 payments into said special fund as 8roresoid bre subjeot to the vested rights of the holders of suoh of suid Water Hevenue Certificates, Gas Revenue Oertificates a nd Gas Plu nt f.I nd Sewer System Hefunding Hevenue Certificates as rallY be outstandine; from time to time. This certificute, including interest hereon, is peyable SOlely from [laid special fund und does not constitute un indebtedness of soid city wi thin the meaning of any constitutional, statutol'y or churtor limitation. 'l'he City of Clearwater is under no ob1igE.ltions to pay this certifioute or interest thereon eXCel)t from the I'eVenues of the Hunici pul utility properties as aforesaid. n ,I"" i I 1 'I I Certifio ates of the i s:me of VJhich this c (-ll'tifioete is one, numb~;red 139 to 525 , inclusive, are optionul for redel1lption by said city pri or to maturity in whote, or in part in the inverse order of their maturity (less than all of El single maturity to be selected by lot), on December 1,1952, or on any interest payment date thereafter, and in the event of the exercise of such right of redemption of spy of said certificates os aforesaid said city agrees to puy to the holder thereof upon redemption of such certificates interest in addition to thut evidenced by interest coupons then I:locrued, in enCaIDount equal to three per cent o~ the principal amount thereof it oalled for redemption on or prior to December 1, 1955; two per cent of the principal amount thereo~ if celled for redemption tl~reefter and on or prior to Decffinber 1, 1958; one percent of the principal orlDunt thereof if cmlled for redemption thereafter and on or prior to december 1, 1961; end without p~yment of additional interest if oalled for redemption thereartcr, 8ud s~id city agrees that notice of any such redemption iuentifying the certificates to be redeemed, will be published ut least once not less than thirty days prior to the redemption dtite in b ne'\'Jspoper or fimmciul j ournEll of general circulation published in the City of New York, New York, and 8ny such certificates thus called for redemption and as to which funds for the retirement thereof ore deposited at the designated plflce of payment on or before such redemption date will cease to thereafter beur interest. '.... :'.,:':','\ This certificate wi th interest coupons hereunto c.1J)perttdning is issued upon the following terms and condi ti:.>ns to till of which ouch taker and owner hereof and of the interest coupons consents and egrees: (a) rri tie to this certificate, unless registered es herein provided and to the annexed interest coupons, may be transferred by delivery in the same menner as a negot.ieble instrwnent payable to beurer; i I ! ,I 1 i I ! (b) Any person in possession of this certificate, unless registered as herein provided, or of the interest coupons hereunto 8ppel'taining, regbr(less of the manner in which possession shull have been ocyuired, is hereby authorized to represent hlifiself as the absolute owner thereof and is hereby granted power to transfer absolute title ~hereto by delivery thereof to a bona fide purchaser, that is, to anyone who shull purchase the Sbme for vulue (present, or antecedent) without notice of prior derenses or equities or claims of ownership en~orceable ug~inst his transferror; every prior taker or owner of this certi~icBte, unless registered as herein provided and of the annexed interest coupons, wuives end renounces all of his equities or rights therein in favor of every such subsequent bona fide purchaser shall bcquire absolute title thereto und to a 11 rights represented theI' eby; end , I I ',<I . " -..', 1 ' I " ,~ , ,'11 , ....! (0) The City of 01esrwElter ffiE<Y treat the bearer of this certificate, unles registered us herein provided, or of the interest coupons hereunto appert8ining, as the Lbsolute O\'Jner thereof for ,all p.urp.oses without being effected by any notice to the contrary. All ects, conditions and things required by the Constitution 6 nd laws of Florida, tlnd the charter of selid city t,) htlpl)ell, exist and be performed pre- cedent to and in the is~uence of this c';l'tific8te, lU.lve huppened, exist and hClve.boen performed us so required. This certificate is registerable as t:) l-'rincip!:.il olone in aC00rdance vJi th the provisions endorsed hereon. IN '/lIT:H8:) '.\1}!~l.\:SOF said City of Cleerwbter hus o!:..used thi"s L:ertifici:Jte to be executed on its benolf by its City l.uditor and Cleric E.lnd its City 1,iuIl8e;er, countersigned by its Mayol'-CoHrnissioner, under its corporate seal, tind tIle interest coupons hot'eto t;ttbciled to be executed wi. th the facsimile sigm;ture of said officers, ull LIS of th'3 first day of December, 19h7. I ~~ R' 1"}' "' d.' /Zh '10 tl '.....' ,/'J. .~.1. Countersigned: Oi ty l\lcllleger f"'~'t"l \g"..' -- '.'"...'.' . . , . , ' '.: ..1' City .Auditor end 01 By ~ - .. ...:..~ __ ,.__ ...~...~..... ,f' . j , ~ l 1 ;j \ I' :1 j ;] i 'j CIlJ.ry COl.Il/ISSION 11INUTES (CONTIHU.c;D) November 17,1947 tilt ~:q:(::m::. , "<~/~':<J I/f.?;e.... I~ r '.' " , ~ ';' > ' t ..' ,.,.:.,;~'.;..:,;',..)':;,.. '. ". \",' '. I \,~. ,. , .' .'". '. ':"\:;:'V,:.:::,::;,,:,:; '. .~. r. ......,;<:.:".,. . . .. '.' . . " '. ...,....'. 1,..\", . -', ~ .' ,.-... . " I J in an amount in excess of an amount equal to one and three-fourths times the amounts required to be deposited in the Operation hocount and Hefunding Hevenue Certificates Sinking ]'und ostablished by Seotion 8 or auid OrdimJnoe Number 1~84. 1~11 u[';reements fJ nd obligations herein contained end imposed on the city by luw, pursuunt to which the city shall hereafter be obligated to Ill!:.lke tho revenues of said combined utility p:roperties suf1'icient to oarr~r out !:.Ill of the obligations of this ordinance, shall be so construed a s to req uire the city to iIlllJose and c ollec t rates and charges for the commodi ti os and services sup.l)lied by s/jid combined utility 'properties in an af:lount fully sui'ficiont to carry out 811 such 0 bliestions after there huve been deduoted therefrom gOD ond sewer revenues in un anrount equal to one and three-fourths times the amounts required to be deposited in said Operbtion hccount end Re1'undinB Hevenue CertL,,'icotes Sinking l!~und under the pr:>visions of Section 8 of Ordinence Nilllbcr 484 aforesaid. , ,I i J 'I 1 J i :i ,1 } , .., 1 I l 1 j I 1 j~f'ter l::wkin.:-: the req uired monthly payments into the Operation, Maintenance t:lnd Hepuir Fund, into the \'later ilorks Hevenue Certificates Sinking ]'und, into the Gas Hevenue Certificates Sinking l!~ul1d, end into the Ref'undine; Hevenue Certificates Sinking l!'und as hereiaoefore in this section provided, there shull then be set s,Qurt and Ilbid into seid sinking fund each yeur in equal monthly installments a sufficient portion of the remulning gross revenues for the services and f~cilitics rendered by sbid ~unicip81 utility properties so 8S to pay proffi,ptly vlhen due the interest 0 n 1:.1 nd the lJl'inci pal of ull such certil'icu tes froill time to time outstt:l1ding Cind to also crebte during the 1'irst five years following the date 01' issuunce 01' the c ertif'i cu tes, and to therea1'ter maint ain a renerve in s!:.lid fund in an €dUount equal to ten per cent (lO~b) of' the principE:ll amouht of such certificates theretofore issued. Goml)utetians for such monthly pa/Illents shull be uade LS of December 1 of' each year, ond the amount to be so set apClrt and puid into s!!lfud sinking fund in each month from and after such December1 shull ue one sixth of the am:.mnt of i nta:rest to become due on the next succeeding int~rest puyment date ~lus one t~e1rth of the amount of' principal to become due on the next succeeding December 1, provided, for the first five years' following the date of' issmmce of reVetlUe ceI'tif'icates. an Ciddi ti onul amount of said revenues shall be pcdd into said sinking fund monthly so that at the end of said period of five yours a reserve wi1~ have been accumulated equal to ten per cent (105;) of the principel 8illount 01'" such certificates. If, in any Qonth, there be u failure for 8ny reuson to pay the required amount into said sinking fund the deficiency shull be added to the amount otherwise required to beset apurt and p8id int.l said fund duriLlg the succeeding month, (;l nd if' ,,(,he amount in said fund immediCltely prior to Decembe:r 1 of uny year is less than the total interest and principal due on such December 1 plus the required rese:rve us €lf'oresaid, not less than one twelfth of the amount of such deficiency shall be added to each monthly paYlliel~ othe:rwise required to be made into soid f'und during the year commencing with such December 1. , i 1 I ' ( k' , f .,' .. ., ., ';"\:., . . '\ (e) lvlunicipul Utility J..{evonue C erti1~icutes Sinkin Fund: The Itl1luniciptJl Utility Hevenue Certificutes Sinl<:ing J!~und," hel'einc..1'ter sometimes :referred to liS the "sinlcinf; fund") shall be used solGly and only 1'01'" the purpose of paying the prlncii)bl of !:Ind interest on the Munic ipbl Utility Hevenue C ertificu tes herein authorized, Bnd any additional certificates that may be issued on a parity thel'ewith under the restrictions end 1>ro'Vi~)ions hereinafter set forth. . t.. No part of suid sinking fund shall be used or applied to the redemption of certificates prior to m~turity unless 611 of' the certificates then outstanding are to be redeemed or retired. No furtIlcr payments need be made into said sinking 1'und when and so long as such amount of lI1unici;>al Utility Hevenue Certif'icates shall have been retired that the amount then held therein, including the reserve, is e qual to the entire am;)unt of interest a nd principal th::'lt will be payable ut and before the time of retirement of all of such certificates then rem~ining outstanding. (f) Depreciation Fund,: There shall be paid into the "Depreciation 1!~undn an amount equal to et least three per cent (3%) o~ the gross receipts or revenues of s~id municipally owned and operated utility properties to be used f'or extensions or replacements of capitol Bssets of said properties and utilities. ~.f:,.~~:,,':;~: I,," ".! '. '1l>.'j.~~.:1' In eneh month tifter making the required payments into s eversl funds as hereinbefore in this section provided, the ba16noe in the Utility Revenue Fund (in exoess of the amount estimated by the City Commission to be required to be w~thdrawn therefrom during the next succeeding thEee months for like payments) may be set apl:lrt bnd paid into the "Depreciation Fund" and be used for l)sying the cost of necessary extensions and replacements to the said municipal utili ty p:roperties to the extent required from time to time for that purpose and otherwise such balance may be used to purchase or retire certifioates in advanoe of muturi ty, or .may be oxpended or Vii thdl'awn on order of the City Commission for any lawf'ul purj;Jose. . .. '\;i;}}~~,f)S1l,j;:i<d; ..., 'J . ... """":_'\or _. . " ~~ ~ ,,'J, "":"'~:,"cDl'. .'., '..,'...'.," ','. ,"'. . .::::<<.~~.:... ~. . .. ::,\,r . . ."...."~.',.,:':i:;";.;,j . " -'. ~ .; i ~. i .. 'I, ;"',' " ) . < -:-:;. .:.!,....,,;.:.. .:\..~-.~:.,:...'; :~"l' '. ~ ". .' . . . . .. .', .'.:' '. ':'. . :.:' ~.'. .. .: ' .' 0"'"'- ;., ..' . . toes . ,', ~:;' ;" ( .' <r I : All money which is or should be by the foregoing provisions poid into the sinking :fund is hereby pledged to the payment 01' the interest on and princilJBl 0 f the c ertificu tas hereinbefore authorized and s uch ~ddi tional certificutes rbnking on I:l lluri ty tharewi th from time to time outstanding and which are payable therefroill, and said money shull be deposited in a solvent bcmk or bunks us f.l fund sepurbte and upurt :from till other municipal funds, and eech C1nd every SllOh deposit, to the extent it causes the aggre- gate of deposits by said city in such bunk to be in excess of ~5,OOO, shall be continually secured by surety bond or bonds written by €l surety cOlllpf.lny of comlH:mios of reoognized stClnding or by the vulid pledge Lbf direct obligations of the United States of .i~llericu, having an tle.gregate mul'ket vCllue, exclusive of accrued intereat, at oll timsB etjuel to the amount of such excess. n , 'f Section ~. CJ'hClt the uertificutes authorized to be issued hereunder and from time to ti,le outstClflding shall not be entitled to priority one over the other In the applicot:i.ol1 of the revenues of the municipal utility properties, reeurdless o:f the time or tL10S of thoir is~)uunce, it being the intention that there shall be no priority among the certificutes regardless of the f~ct that they may be actually iSDued and delivered at different times. The City of Oleurwater ugrees not to incur any additional obligations peyuble ~rom the revenues of suid munioipal utility properties which will hl::ive priority in any respect to the certifioates herein authorized; provided, that said city hereby reserves the right and privilege of issuing additiom.l certificates l'rom tLne to tir!le peyable from the revenues of suid municipal utility properties ranking on Cl p2rity with the certi~icBtes hereby ~uthorized in order to pay the cost of extensions, improvements and betterments to auid properties; provided, that before any such sdditional certificates ranking on a parity may be issued there shall have been pJ:'o cured and filed VI i th the G1 ty Clerk on said city u stateIllent by an independelt certified public !..lccount~nt of recognized reputation not in the regular employ of the city reciting the opinion bused upon necessary investigation that the Ilet annual revenues of suid municipal utility properties of said city for the last tW8 precedi~s fiscal years hus been equal to at least one and one hulf times the total of the rnaximwn C1mount that will become due in f;my aIle calendar year for (1) both principCJl of and interest on the certificates then outst~nding, and (2) the amount that will become due in eny one cblendar year for both principal of and interest on the certificates then Vroposed to be issued; and provided also that the interest payment dates for any such additional certirictltes shall be semi-unnually on June 1 ond December I of euch year and the principal maturities of such additional certificates shall be on December I of the year in which any of such prinoipal is scheduled to beconle due; and provided also th~t while suid city has outstending ony Water Revenue Certificates or Gas Revenue Certificates, dated December 1, 1935, or Gas I'lant and Sewer System nefunding Hevenue Certificates, the annual principal and interest requirements for payment of Sbme shall be included in making such cOIn,lJutation. ., , \ I I'.' '." . \, " :i\ I, I.- /.., ." I': " ,1 j :l 4 '1 :j II I 'J l I 1 I ! . ; ", li. ' I :1 The additional certifioates, the issuence of ~hich is restricted by this section, shall be understood to mean obligations paYtlble from the revenues of the municipal utility properties on 8 parity with the certificates herein specific31ly uuthorized and shall not be deemed to include other obligations, the security of vv'hich is suborJinote and subject to the prior and superior security of the certific(jte:; auth:)rized to be issued by this Ordinunce. . "Net earnings" are defined as gross revenues, les;; operating expenses, which shall include s81f:lries, wages, cost of mainteaance and operating materials and supplies, pumlling costs, insurance und muinteIltlnCe eXl)enclitures. The provisions of this section ere subject to the exception the.t if, prior to the payment 01' the certific~tes herein uuthorized, it shall be found desirable to refund same, or any other certificbtes rew{ing on 8 parity thereVlith, sbid certificates or any purt thereof !lEY be ref'unded, /;lnd the refundine; cel'tificntes so issued shall enjoy complete equClli ty and parity with the portion o~ stiid cextificates which is not refunded, if any there be, and the refunding certi1'icute8 shall continue to enjoy whatever priority over SUbsequent is~uos that may have been enjoyed by the certificates thereby refunded; provided, however, thbt if only a portion of the certificates outstanding is so refunded in such manner that the interest rbte is increased or thut the refunding certifici:Jtes mature at a date eerlier than the maturity date at: any of' tlle certificates not refunded, then such (; ertificates may not be W~;eu.nded,..,i)n,:6ucl:l.:)pantylvd:tl1outt ..lthe:'cOtt$entoofttba holdersd d>j![-~the unrefunded portion of all o~ the certificotes than outstanding. t;;:,,;.,~~i;':."'l V ., .. ;....:. ll,;' .....'....., ..~ " . .'. ,,# . . .1.,' "~:.,,,.....,,:.. ~~~!';~J;oiJf . " . ::' ~ .' '~ ." ~ . .~i . " .;, 1 .I '] /1 .1 :1 .J I J n j , . ,,', ,) ~"".,.- t; ,..1..., ;:~:;,~:;r;,:. CITY COl.~\:IS;3ION MINUTES (C0Wl'INUlm) l~ove!llbor 1'1, 1 Y4? ...'.,..., " '. _ ~ j. ,.:A ',', . Z~Z'T< 1;01:, ~ ,,'::,:':':;~l: !,' ',' .. ' ' , .... .,', h. :::<:.:,...,"'.i}" It". i I ! '. .... . ." I \ I [ t " , , I ' Section 2. It is hel'oby convenunted end t:lgreed that so lon~~ as allY of the cortificut0s hereby uutlwrized are outstunding the city will curry ude c.juate firo El ud windstorm iusuru noe on ell buildings and struc tures of the utility properties ....~hiuh tlre subject to loss through fire or windstorm and will curry udequate public li~bility insur~nce end will otherwise carry insurance of the kinds bnd in the amounts normally curried in the operation of similer utIlity properties in Florldu. .t.ll money received for losses under BllY of such ilwuruIloe, except public liabill ty, und except as may be otherwise required by reason of contract rights vested in the holders of any of: the 0 ut stundillg 0 '.:lrtific etes lluyeble from th e revenues 0 f tho utility properties, shall be paid into the Depreciotion :B'und and disbursed for the seme PurlJoses U~j ore other disbul'Selllents f'rom the DepreciatIon Fund. i I I ( f ! i I.,' .' I I f I L"" t > ....:,.);....;:'. t/;:;{';;Nf;10' : f"""""')! f~l~J~I~r~i ( 'j,' t' ~,.'j t~ ...t~:y.-..... ' .1:~,.(7:;~1~~ , ,. }'" t 'I '~~':~'(-11:L.~ ,.\~ 'y"j~';.:'\ r:;~'~~\}~tB!l<;\- . Section lQ.. Thut the city hereby covenants and agrees it will cause proper books and fJccounts adapted to the utility properties to be kept and will cause the books und uC()Qunts to be ouclited annually by U reoognized . inde,l)endon t 0 ertified llUblic tl ccountunt and will melde generully ovaile blc to the holders of Bny of' the certificates the bulunce sheet Elnd the profit und loss st~tement 8S certified by such accountant. The holders of eny of said certil'ic(Jtes shull lwve 8t all rer;sJJ1able times the rie;ht to insgect the utility properties und the rocords, uccounts'und data of the city reluting thereto. Section 11. Thilt while tho c er'tlficates a uthorized he rein, or a ny of them, remain outstclIldin{3 and un~)aid the rates for all services Bnd facilities rendered by said utility properties to SElid city cmd to its citizens and to all conS~llers within or without the bound~ries of said city shall be reasonable and jUDt, tuking into account end consideration (1) the cost and value of tho 1ll:'O}Jerties and tho cost 0 f I118intuining and operating SElme (2) the proper bnd n eces:3t1ry ollowunces for the depreci8tion thereof, and t:3) the amounts reg uired to be lloid into the s inkin~ fund for the i nt erest on and retirement of the certii'icutes heroin (.Iuthorized or permitted to bo issued, and there shall be churged ttnd enfoI'c ed ....g [J:Ll1st <.:11 users of said services und fucilities, includin1j suid city. such rates and 61!lOunts us shall be adequate to meot the requironents 01' this ordin6nce. Secti,:m 12. 'nH~t no taxes shell ev,,:;,[' be levied E.1l1d E:) L;1oneys shul::" ,:}VCl' be t8ken or dIVerted f1'o[;l uny go l1B rCil COr~JOI'U te funds of th e city for the stuted Purl)ose of puying the lLrincipbl of or interGst \'>n tho revunue certific8tes issued hereunder. ~ection U. 'l'!lbt the ,yrovioions of this ordinbncE: slwll constitute CJ contrllct between selid city end the holder or holders of the certificf:ites herein outi1orized to b 0 L,Hmed, uncl II i'ter the issuanc e of any of said certifi- cates no chc.lllee or a 1 tera tion of uUY of the provisions of t ids ordinunce Lluy be mude li:ltil :...11 of the certificutes helve been l)uid in full 8S to both princiDo1 und interest or funds sufficient therefor sh811 hove been duly l)rovided and deposi ted for that ex,clusive i;ur.i.iose at the IJLJce 01' LJUYIllent thereof. The provisions of this ordinunce !:lay be enforced by L.lI:lnc18l::us or injunction on bellUlf of the h?lders of the c ertific ates from time to tilil outsteuding, but there shull be no liebility udjudic8ted hereunder against the city as a vlhole, nor El{!;u:lnst uny general co..c',porute funds or 8ssets of the city. Section 14. Thut the !)eriod of: usefulness of the improvements, extensions ond betterments which ure to be constructed with the nroceeds of the certificates herein authorized is hereby found to be not less then. thirty-five years. ~ection 15. rnwt George VI. Smith, CIS attorney for the City of Clearwater, is hereby butllorized und directed to take 0 ppropl'ib te proceedings in the Cir'cui t Court of the ,:;jixth JuclicCll Oiroui t of J.!'loridu, in llnd for l'inellu8 County, for the velidation of StAid certificates, bnd the I.:ayor, City l.i",nueer und City J.uditor and Clerk ore authorized to sign allY docw:lOnts deemed necessGI';Y in such 'pI'0- ceedings. The certificates herebjT butl10rized shall be sold end delivered in such manner und upon such terms as may be .()reccI'ibed b~>, the City Commission. 1i.ll swns reserved 8S t.cc1'ued interest shall be J..l8id into the sinking fund and all other proceeds shall be expended on order of the City Commission iBor the purpose for which said certifioates !:ire herein 8uthorized. Section 16. That if an;y section, pClragraph, cl!:.use or provision of this ordinQnce shall be held to be invr::lud or unenforceeble for any reason, the invalidity or unenf:orceability of such section, p!:iragru'ph, clause or provision shell not effect Clny of the remaining l>rovisions of this ordinanoe. ~ . ._~-M'<___.... ___ ,'~" ",",', ",":c';'~;;>'~ai:ilii;~:~~~~0i', . , ~'i;;;:'''''.N'' ~"! '." .....,. . ,;.::'::"." :."; . I ;<,\/".'t ',>', I, ,,' ' I" I'", i " I i \ j i I . ~ "",. "I ".' ."...., ". It". . . . " l:';~;;~;i!:;1;j01~rdL';u~"'",,, ,', " .',., ,,"I, '....\ ""'1 ba 7 .:' ~",~:~:~~~J:..Wj~'::f1>/(,;:{,"1 \ ", f""" ". .., '.' .... "1 ,; '~::\;~!tfW!'/./:';Y;i;rn'i;;! ",::~";):'.~1NX,'~:Al{! , ". " . " ",. ,( 't r"C,tc.;;S' . ". " ."... '. ." I, ..., ," ':,.',: ~: :.t....:-;~o<. Section 11. That by reuson of the urgent need for funds to pay the cost of those i!JllJrovements, extensions und betterments, as herein provided, for the IJreServatioll 0 f, the !leBl th, S ufety and wel1'ure of the inhabitants of suid city, an emergency is hereby declared Bnd this ordinunce shall be in full force and effect iltlI:1ediutely uIJon its Ldoption us provided by lODe '\ j , 1 '. ,.j < '. '. I '1 , . I . ,:',' ,: .i~dOl)ted this 17 dl:iY of November , 19/-1-7, by the City Conunission of the Gi ty of JleBrwater, It'lorida. .,: ' l I , I I ,I 1 j Ci ty J~ttorney '"I ,/ ~, Approved , 1947 ,"",,'1 . "'. , \ , " I '1 ! j ST1~1J.1E OF FLOHIDil. ) ) SSe COUNTY OF ,i?nCLLnS) The UIJa ersigned, Oi ty ~~udi tor and Clerk of the Gity 01' Clearwater, in the County and state 8foresaid, does hereby certify that the annexed and foregoing is /;.t true lind correct cOPJ' of an ordiIlbnce duly adopted by the City Commission of the said city at a regular meeting held on this day o~ , 1947, Bnd a true and correct copy of excerpts from the minutes of s<Jid meeting shoWinf:: the introduction, consideration and adoption of said ordinunce. Said ordinance is now in full force and effect. V1ITNESS my officiE.~l nignuture and the corporate seal of said City at Clearwater, Florida, this day of , 1947. Cit Y ,Hudi tor & Clerk (EJ~~~L ) A letter wes re8d from ,httorney Phillips esking that the City Commission approve certain sub-leases covering purt of the building known as the Tackle Shop on Cleerwater Beach, located on City property. It was moved by Cownissioner Johnson, seconded by Commissioner Wells that the matter be re~erred to the 'Ci ty Menager in order that he might renegotiate with 1Ir. Trombley the leese covering the Tackle Shop with the view of gaining greater and more adequate revenue for the city. The Comnlission sitting as Trustees of the Employees' Pension Fund heard read 8 I'ecomnendation from the advisory committee that Leon B. Mims, Lee O. " Huskamp, Basil Newsome, Emmett Sullivan, Leon C. Sims and Wm. Patterson be accepted into membership in the Pensi on l'lcm. It was moved by Comnlissioner Wells, seconded by Comruissioner Johnson and unanimously carried that the recommendation be approved. There being no further business to come before the Board, the meeting was adjourned. .A~fEST: OityAuditor ;1', -..--"'" Ii. '''-~, ..:: n, - - I , j I . I ' I I t I . I I I II, .. ,: ,....."...,' ~ . '. .,.: ". ,. t., .', ,..... :ti~fi~ r!{~ii~r~;l\ 1.""..,J',.q.." . i~1.{K:~;',<}hkJ~'. ' 'r~ .. ....'... City Commission, City of Cleurwater, I Clearwater, F~orida 1 Attention: Mr. Frank Cooley, City C~erk. - ,'.: .,,-, : ......,~,,~.~, ~p~:~:..~_..~........:..: ..,... CITY oo~~crSSION 1ITNUTES November 17, 1947 ;-) -\_~ ,--:~./ ,I I .1 I 1 1 1 I i I I I I '1 Gentlemen: I am representing Mr. J. A. Rigdon, who at the present time if the owner of a smell building looated on a plot of ground owned by the City. The property is located on the property known to you 8S the Imperial Dock leese, and is, of' oourse, loooted on Cle~rwater Beacll. The Ci ty leused a certain amount of land to the Imperial Dock, who in turn subleased e pieoe of ground 50 feet square to Mr. Ed Watkins. This sublease was approved by the Oity Commission. As 1~. Watkins was not using the entire 50 feet he subleased a part of the land to MX. Frank Farthing, who operates an outboord motor repoir service. At still a later date 1~. Farthing subleased a smell plot of ground to my olien t, Mr. Rigdon, 'Who built a building thereon and operated a Donut Shop. Neither of these last two lllentioned Subleases have been approved by the 0ity OOlIlLUission or the City Manager. In the mean time Mr. Watkins has sold his interest to Mr. Trombley, and I understand that this trunsfer has been approved by the Commission also. My client desires to h~ve the last two ~bove mentioned subleases approved by the Cornmis".ion in order that he might negotiate a sale of the property. He had a prospect interested in the property, but due to the conditions above stated lost the s8le, and he does not desire to have this happen again. I am Hsking that the Commission approve the sub1euse from Mr. Watkins of Mr. Trombley to Mr. Farthing, and the sublease from Mr. Farthing to Mr. Rigdon. :1 " I ~ I , , \ Thankine you for any consideration given this matter, I am Very truly yours, Lloyd M. Phillips (Signed) LLOYD M. PHILLIPS LMP: fg ------------------------ hone Mayor and City Gomnission At the called meeting of the City Zoning Board, November 5, 1947, it was recommended that all recoI!llllendatiolls of this Board and its predecessor mambers stand us originally reoo~nended and be put to referendum vote of the rreeholders. (This includes tlus Boards last two reoommendations, one regarding the Edgewater Drive seotion, and the other regarQing the southerly section of Cl~arwater Beach.) We also lliuke udditionol reool:unendati on that: (1) That Lot 30, Bluff View Subdivision be zoned ~-2 to oonform to the balance of the land in this subdivision. @,~:.",...o., ..~ ., . ,'., '. .' <~ S:~~d/ (2) That both sides of Fort Harrison Avenue, from the south City limits to Stevenson's Creek and all. property on both sides of Cleveland Street from the Causeway to Gulf-to-Bay Boulevard, end properties along the proposed extension of Court Street east to its intersection with Chestnut Street at Missouri Avenue and the lots along each side of ChestnQt Street from said point east to Gulf-to-Bay Boulevard, be zoned to a widtb or 125 feet on eaoh side o-r said streets, Zone "B" (Business." This is to be as an addition to the zones oreuted and designated under aforesaid Zoning Act, the chief purpose hereof being to create a uniform width for business zones along aforesaid streets, it not being the intention of this Board to interfere with, or change eny of the business zonas now existing in the business seotion of Clearwater or along the streets herein mentioned, exoept as herein speoifically provided 1'or the l)Urpoae of establishing uniform depth o-r "13" (Buaines's) zpna. (3) We fllI'ther reoommend that under t,he Zoning .Act the city oommission be given authority to pass individually on each applioation for the olass of building usually known or designated as "Motel or Tourist Oourts", in the same manner now used for trailer parks, res arvlng in said oommission the right to deriy eny permit for this olass of' oonstruction that in the opinion of the ,oommission VJould be a deoided detriment to the neighborhood affeoted. , ;'; ~ , "" " __~.I~fI"!""~__. __... . . ... , ,,", :.,' -';"":'; :; t~ . .,. . . IJ.,',;';::~:., ...." "(;;}}:,~'.l ,:';;~i~l,lj~;Cj~:~s j '....,.. , " .~:!.; ~ I . ! ' ' I ' ~. . .: . .".... . I ,. , , I ;' " '. ;., \ " .,~~tJJi.;~Y;"'"" ,,""", .. ....,. ,. " ;:;;'i'b1\1 '\1i~p1JJ '. ..' ."...".''''..j, :,.':';"':':':,'.1',':') }'.,~~:,{,f:';:"'ill", ''-: (.;. ~ ::;;:'.,'13 ~ "',:,1' '1. ~1 , ;~:)J , '," ",.,:~~! , .: .", '. ",. :. " ' '1 " " :'1 '., , " 1 I I i ! (4) We further reoommend that the oity oommission be authorized to require that all oonstruotion in the business zones along Fort Harrison Avenue, Cleveland Street and Gulf-to-Bay Boulevard be of masonry construotion. (5) That appropriate legal steps be taken so that the City Commission may, as soon as possible, be in position to take final aotion on zoning matters, without neoessity for referendum. Charles P. Day, Chairman Charles P. Day By J. A. Oliver H. Anderson, Sec'y Oliver H. Anderson By J. A. ----------------~--------- I ! The undersigned'member of t he Clearwater Zoning Board recommends to the.oi ty Commission that the originel Zoning Aot end Ordinanoe #455 ,I of the City of Clearwater, approved by a referendum of the freeholders and adopted in 1939, remain in force and unohanged except in the following particulars: That both sides of Fort Harrison Avenue, from the south city limits '>>.~. to Stevenson's Creek, and all property on both sides of Cleveland street from the Causeway to Gulf-to-Bay Boulevard, and properties along the proposed extension of Court street ~ast to i ts inte~seotion with Chestnut Street, and the lots along eaoh side of Chestnut Street from said point ,1 . :,.,...":..'.,,. ..,.,'j! .. '. '. . ~ " , '. '",~ '":' ", . . ~ '.' east to Gulf-to-Bay Boulevard, be zoned to a width of 125 feet on eaoh side of said streets, Zone "B" Business, subjeot, however, to subdivision plat or deed restrictions on said property. This to be as an addition to the zones oreated and designated under the aforesaid Zoning Act, the chief purpose hereof being to oreate a uniform width for business zones along the aforesaid streets, it not being the intention to interfere . " with, or ohange any of the business zones now existing in the business section of Olearwater or along the streets herein mentioned, exoept as herein specifically provided for the purpose of establishing uniform d,epth of "B" Business zone. I reoommend that no subdivision or part of subdivision be zoned Number One unless same was originally specifically restrioted to one family dwelling per lot by the developer. I further reoommend that under the Zoning i~ct the city commission be given authority to pass individually on each applioation for the class of building usually knOWn or designated as "Motel or Tourist , Courts", reserving in said commission the ri ght to deny any permit i'~ ,~ t :.:. '.~ .. ~" for this class ot construction that in the opinion of the commission would be a deoided detriment to the neighborhood affeoted. . . '.~" ' " '"' .', . '~J r . .,,' 'j , ....t_ ,~'. ~.i / ;:'1 '. '. . , I: J ',~. ,.;.... ._! :. ;~: . I . !;"_ f.;', .!" i't {<~'. .. ~:~. ~~ .....';. . i I:.!" .( ;';~,,' (;1)':..,'f].'()):~~.'L\'.~;". .~'.::;: ". . :V;,.,:..:,;~~~,\i :~~~~ ..;..;.;~.~ . ~.'~.''-'';'~.', ~.~ I.' . ',- . , , ,. . . , . . ~"'r> 01' ' .' .....', . _ ' . .;~. .... f' . ~.....: . ~ . .:. . ~ . . 0' ~ . '"""" ..,. r.. ;- . ...--,..~-- 1, , '....-. "'''''l'';i~~~\'i!~i!i~' ~; r~ ,""'.'.- "" , "", " ';:(';i~~li'[i2~".~,t.I~ .,'" . ; :' ::~~:., '::.:,\' :.:~>" .. ... .. I' (-') '\ " : '" i;.'.~ f t'. . , . -..:.,.'.:i,:': ....' '<t.. CI'lY COIVIM:r~)SION lllINUTES November 17. 1947 ...."..",-, --..,o{.'.,,:.._,.... :~'... ",:.i;"':'-^4...:....'i. ~,~......:..;.~..:...~\/.:..:.M~'i;.:.~..~~.<. .., ~.:..... ~..:...;:. ~ M"':::". ,":C;~,:;: ;;:J~~>'; ~:' . (::~, <- :: .,\. ~.. . ".^ ....'.-. ~if9' '. ,.., - ',' i.:J,' construction in the business zones along Fort Harrison Avenue. ri ~ "re ~ . . f ". ~ .,j . ~ ~,;'.;.,:..,)~...: , ~ i f \ f. f: f I ! . , . i ' :.": ,.:~ . . " '.' ;" (~,"',"', \",.) ~.~..-' Whereas all lots in Bluff View Suodivlsion a re zoned as R-2, except Lot ;0, I reoonl'"end that t.his ent ire Subdivision be zoned as R-2. I further reoommend t.hat the city commission require thet all ", 'I' " "" a~eveland Street, and Gulf-to-Bsy BOQlevard be of masonry construction. I further :zoecolllll1and that the city com.mission reserve unto itself the right to grbnt~permits for and regulate trailer parks within the I 1 " " City limits of a~earwater. Herbert Blanton (Signed) Honorable City Commissioners Clearwater, Fla. Gentlemen: .1~s Trustees of the Oit y of Clearwater Employees' Pension Fund, you are hereby notified that the iollowing employees or the City Public Service Deportment have been dul~l examined by a local physician and ere qualified to become members of the l'>ension Plan. Leon 13. 11ims Lee O. Huskolllp Basil Ne\'1some ll:mmett Sullivan Leon C. Sims Vim. Patterson The a bove employees ore ulso eligible' as to age, length of servioe with the City, etc. It is hereby recommended by the h,dvisory Comrn ttee thut they be ee cepted into membership'.' Very truly yours, b.DVISOHY CmiI,lITI}.'.i~.ci: of the City ~ployees' Pension Fund Lee McMullen (Signe~ Lee McMullen, Chairman Chas. P. Moloney (Signed) Charles ~. Moloney BY': Betty Young Betty Rice Yo~ng Seoretary . . Frank Abernathy (Signed) Fr'an k 1\ bernclthy 66 '~. ., ~ . "PJ..... _ s. Hussel Bowen 1605 Sunset l~ve. City Lot 8, Blk F, PIa za Park ,.' '1 ", ',;)') " .1.,".:. _'_ . .,.,. f.'........ ". ~H' ..'.~ ""9/ , '\ I '.I I .' 1 ,." .".'...'11 . ,".. 'I ".' "...:' .. ," , , ",' : .'. ". 'I '...,:' . .:.J " I '. .,:1 ."..," '. "I " ," , .: ,::1 .. '.' .1 ' ',' .' :.',1 VlHElU!1hS: it has been determined by the Oity Commission of the 01 ty of Clearwater, Florida, that the property described below should be cleaned of weeds, grass and/or underbrush, and that after ten (10) days notioe ond failure of the owner thereof to do so, the City should clean such property end charge the costs ,0 ~, '-< 1 ~fLh"tW"~' , ~ :\ 1" ",' )'" " " } 'I ~ J' , ' " ,', j . ' RESOLUTION ',' " '. :.' . . ....f. ; I I, I I \ ' , ,",/' thereof against the respec;tive property. NOW 'l'llliHEFOHE BE IT liliSOLVlID by the City Commission of the Owner: Property: , 1 I ! . i I . ,,'j l~;j~(f~i;1t~~~ . t,",i f.,;F'\'\"h1" ..,.),1. Ifi.I:~=< \""1"'"'''''';''''' f~f i.ig;~r (: ..,., Oity of Clearwater, Florida, that the fmllowing described property situate in said City, shall be cleuned of weeds, grass and/or underbrush within ten (10) days after notice in writing with said notioe, the City shall perform such Cleaning and charge the costs thereof &geinst the respective properties in accordance with Section 128 or the Charter of the City of Clearwater, as amended. Eddie Virella Estate 2713 Morgan st. Tampa, Fla. Lot 12, Elk 5, Clearwater Beach Park Francisco Gonzolez Box 1489 Tampa, Fla. F. L. Skinner Dunedin, Fla~ Charles R. Mo~ris 960 Highland Ave. Dunedin, Fla. Elizabeth Hanna c/o Mrs. Eli~abeth Armstrong 808 Drew St., Oity Joseph O. Christ 1006 Caracas St. Tampa, Fla. Lot 9 Clearwater Heights Lots 8-9-10, Elk 59 Mandalay Lot 11,' Blk 119 Manda lay N. ~ of Lot 2, Blk 58 Man dalay Lo t .3, Bl k 58, Mandalay Sheldon B.. Wells 490 Mandalay City Lot 5, Blk 58, Mandalay Esselstyn Inv. Co. Dunedin, Fla. Lora J. Holsomback 1009 Jones St. City Lot 13, Blk 59 Mandalay Lot 1 & E. 40' of Lot 2, Blk F, Plaza Park Lyle D. K~ine 606 Oedar st. City w. 100' of Lot 2, Blk F, Plaz8 Park Edward A. Colonna Apt. 4-B 3921 Elbert Ave., Alexandria, Va. Lot l, Blk 58 t Mandalay .:-:.... . " '. "....-..~ t., '"""'---, .,~;,~~,~{.~:;,\'"~. ,. ~\~., ,i'~. I.......~.'., '.. "~ i;:" " >:,':','~';:~;;'0';,))~ .'~~~:;~;t~t~;~~~~~ff:'~, ,~p~::~A)~ '~r .. " !Th.'".."..!.', 'C;y '. Owner: Blanohe K. Apt. 4.-D 3921 Elbert Alextmdria, Oolonna Ave. Va. Metto 507 N. City L. Watwood Osoeola l...ve. Welton R. Kinney Wallbrook Farm. Rush, Penn. Isaao V. Delson 512 Franklin St. Oi ty Hazel B. Dunedin, Bull ]'la . J. E.Walkel', Jr. 27680 Elba Rd. Grosse Isles, Mich. Property: s. i of Lot MarnEl1ay 2, Blk 58, Lot 8, Blk Manda1ay 59 N. 50' of Lot 9, Blk F, Plaza Park Lot 8, Blk 24, Me ndo lay Lot 10) Blk 24, .Mazxlala y Lot 6, Blk 4, Country Club Add. PASSED .i.ND l..DOPTED by the C1 ty Commission of the City of Olearwater, Florida, this ~~ City Auditor and ",' ,.).:' '. , , . , ...xL day of Nov , A. D. 1947. r i; -~.. ;', lft' As instructed by. you I contacted 11r. B. A. Bennett" City Manager of Clearwater, on Friday~ August 29, and in company with him made an investigation of the above captionea structure. The bridge is 1000 feet in length and carries a 24 ft. roadwsyand 2 - 5 ft. ,sidevwlks. In oonstl1uc'tion it consists of two s imiler approach sections, eaoh consisting of 9 concrete spandrel filled Luten 6rches with clear spans of 46 to 48 ,feet and an electrically operated, deck plate girder, Scherzer rolling lift, ,-double leaf bascule providing a clear channel for navigation of II-8 feet 'widt1i~ "This bridge was built In 1926. ,"., :., ~,,<..:, ,."::," , -' -.; -, '." . ~ '.: ".. . .......:... ".I. ~ ...:., ~"~'.." ~"'.',~ .. ... _ _' h CITY CO:MMIS::;ION HINlJ'l11~S ; "". 0, ".~....~ ~o THE: CITY COUNCIL OF CLEARWATER, FLl.. We the undersigned; property owners in the ~ine brook sub division of Olearwater Florida request that the City Counoil of' Clearwater favorably oonsider end aot upon the subject of street lighting in the above mentioned subdivision. It is suggested by Chief of the fire Department ~~. Treole that this location could be lighted by nine lights at the present time. Signed: Signed: Mr & Mrs. G. -E. Cooper A. B. Fielding Mr & Mrs. W. D. Owens Col & Mrs H. S. \'loolley Mr. &Mrs. Albert ~. Rogers Mr & Mrs R. H. ~arnell Mr &- Mrs. \1. W. Short 11r & Mrs u. VI. McG erroll Mr. &. Mrs. G. 0. Burd Mrs M. J~. .l:'f:.lckering Mrs.. John Hohl T. A. Me Kee Dr. &. Mrs. !~aymond Center George H. Barry Dr. and l\irs M. Crego Smith Dr. & 1'lrs liobert M. Wolff Mr. &. 1virs A. B. MoDermon Mr & Mrs D. E. Brand :Wir. &. lvIrs .E. VI. Sasser Dr. &. I~:r's Jas H. J.~ichols Dr. & Mrs Wm. I. Deus Clayton N. Stratton 1h' & Mrs. N. L. Kirkland, Jr. Mr &. Mrs Theo W. Eotz Mr &. Mrs Jas. Shelton Mr & Mrs ~. J. Schaack Mr &. Mrs H. R. Wolfe Mx & Mrs Hyrles Posey . . . ~. "','. Mr. B. A. Bennett City Manager &. Engineer City Hall Clearwater, Florida Dear Mr. Bennett: I am sending herewith 1 copy of my report covering our inspection of the Clearwater Herbor Bridge with an estimate for repairs o~ all parts discussed ''lith you. Under separate oover the plans for this bridge are being returned to you. Yours truly, W. E. Dean (Signed) W. E. Dean Assistant Bridge Engineer WED: LR enc. CONDITION :L;,LJOHT :&'OR 13i(IDGE OVER CL.&ill'/1.h1'ER IL-.RBOR (INTRt.CO;:.STbL \'LT&WAY) l.T CLl!li~RWliT.d:R TO:' Mr. F. E. Beyless FROM: N~. VI. E. Dean GENERAL.;. :.'~ .;' : ~.~ " :" :: ('~": CONORETl!: DECKS: t.':" ,<1 1)~)';T!le..most ,Obvious defec~, at ~res~nt 1 s irregular settlemE!D:t of the conorete paving slabs covering the spandrel "fills. These ~il~svary~~iri del>th 1'l'om ""ap~roximately 1 foot over the crown to appro:x.imately6' feet overs'upports., _~__~~.'9('"___ l"t~ '. ............... /Jlllf' I ";;," I ' I' ,:' ' ,'I':. ' j I I I j I . - i - - I ... ..:~~~, '.1' '., .., ~.~......;_. -.. , .. . . .... ..' .'<- \;'. --~ ~''';'( ': ~~ ,dl:t!i;j'i",:f'f' '9 5 ,!"t<i0n'i~';'~n . 'if I I 'j 1 1 I , , .j ) i ! I :f' i ,I I j I 1 '1 '1 .:" " , J ,. '.,:\ ,', . ' _,,;,~,~y,,',:':.':.... '"..."'..........~...~;;"<.,'..r:~ ,,:; "." ...'~...._..... ,.::c,.."";~....;.\,....,~",.','.".',"'. " I: ... ,:: :,'),:, ~ '. . '..'. ........ .. , i. i . ' I I i " f I I Differential settlement of these fills heve caused 6 pbving slabs each 12' x 35' in tlreo to settle and c l'udc. Hemovl.Jl or these sl~ bs, removal of !:Iny soft or undooiruble fill mnteri~l, buck filling with good material bnd re- placing of the povinB slabs is recommended us proper correction for these erea s. 'l'he spundrels have no llrovislon f'or drainage Bnd softening of the fill moterial by trllpped water is the conjectured reason for volurn.e changes in the present fills. B'or this reason it is s ugg ested that herd coarse motoriul such as crushed Drooksville Hook thut will not be subject to volume change with saturation would be nore appropriate for the backfill than ordinary e,orth or 100 al su nd . :/-} ..>.,.,' h rough estimute 01' tho oost of replucinc one slab would be as follows: He1ll0val 47 sq. yd. concrete pavinr, ~2.50 Removal 25 cu. yd. existing fill C? 1.00 Replacement 25 cu. yd. ro,ck :fill @ 7.00 Heplncement l~7 sq. yd. 6" cone. pav .,!~4. 50 For 1 slab replacement For 6" " Say. 117.59 25.00 175.0,0 211.50 529.00 i i I t I,',' . IC[,r~1~ · .\1. .~. ~ . ......\ $3174 3200 ARCH RINGS: The under sides of all arch rings Vlere investigated!:lnd in general are considered structurally sound. However, i:lll arch spans are showing the beginning of whet will shortly be serious disintegration due to heavy corrosion of the reinforcing bars in ma ny areas where the steel has insuffi- cient soverage. Concrete in the arch rings and in the sidewalR brackets is being broken out along the lines of these corroding bars. In order to check this disintegration all exposed burs should be cleaned with lights pneumatic Chipping hamrners, all spolled or loose concrete removed, the bars exposed until good steel is encountered and all affected areas covered with Gunite or - as suggested by 1-:1'. Bennett - 0 heavy caating of hot asphel t. Such trea'~ment will not eliminate further deterioration of the concrete but will be 8 definite retardant to damaged At present it is riot "considered that the structural strength of the arches has been seriously impaired; however, immediate corrective measures are necessary if serious impairment is to be avoided. It is to be eophasized that when these corrections are completed their continued value will depend on regular inspections and co~rection of further depreciation as soon as it 1s noticed. With the above program of correction and regular inspections there is no reason to believe that the structure will not give a useful service life of 20 or more years. ~: ..,'.;: ....>': : ':"';:~;~~::;~~-" tu,&", , I,,', . ,,'v;: i~~t 'j :Ii It is impossible to estimate the exact amount of work involved in the above oorrections but it is suggested that an amount of $500 for each of the 18 spans or $9,000 total should be sufficient. BASCULE SPi~N: The basoule has been recently cleaned and painted and heavily corroded steel parts removed and replaced by welding in new sections. The steel framing at present is in fairly good shape except for the machinery ,supports and parts in the vicinity of the roller tracks. There is much heavy corrosion on these parts which should be removed and the surfaces ooated with a rust inhibitivo coating. Hot ~sphalt - as suggested for the corroded bars in the arches is s ~:ggested. The timber decking on the bascule roadway and sidewmlks is largely spongy and rotten, requiring early replacement. It was W~. Bennett's desire'to replace these with an ,open grid steel decking and checkered plate sidewelks. , , . Cost of the propesed bascule repairs would approximate: Cleaning and painting allow 1670 sq. ft. bridge deoking @4.00 460 sq. ft. sidewal~ d~cking @ 3.00 Remove existin~~ decking allow :;ji500. 6680. 1380. ~ ~ HANDRAIL i ~""'" VJf!J)" r:c..,,,. ," ,.~.~ '....., ,:,,'::';.'(J/ All:of the concrete approaches carry a he/;\vy ornamental concrete handrail which is sho~ing disintegration varying from superficial to heavy damage. This handrail in no way effects the structural stability of the bridge and no immediate re})lacement is required. Such replacements as are necessary may bOe put in as required on a periodic besLs. SUMMARY : i'.:',~ ..~..1 .~~, . . ~~, ~.'t:: ;;. ':. '.:, .i .',' .I ";' , , " " ,:','; ...:,:An ~yerall estimate for the entire program of repairs' suggested in this , "report is' . 4' 11' '.' '.;:';;',:,',i"';:;;':;', ..' as...o ows. ._n_.~1'f'JolJ'llr"-_' . ' ,"' " " .' , ",~. ,.... "- .,. .' - ''''~'.. ....: J>' "~ ~ .~.:. :.~,'~\~_.. ..; ,>:';'J;." ...:.. . '.. ,~..' """"'., .'.:: _: ".'. . . ,', "". . , _ ...:,. ~.' ,.,._..:...,:..,~~~:1l.~,:.;:~:,:~.~:.'~:;;.U(~;~!...".1~~;::'!;1''''''",~..~...".......... ..,_..~'.~~1:J'f~~~;~~;;~~~~V:..:') :~.,' .:.', 1jf6 " , ' illtf. v...~ " .',:,,\'~';\.l '."1"" . ~~~~j~~; j, .'.\ . 1 "',.,':~.: ::.', '\.j~ :.,,~. b I, ' . r,':' I ! I I I I I ,I --.... CITY" COMMISSIOn MINUTES November 17, 1947 (Continued) /"T'"'.. ' t :' ) , ' '\o~.r,l..;I~ Replaoe defeotive deck slabs Repair and proteot exposed steel bars in the arch spans Repairs to bascule Total $3200. 9000. . f~~O. . $2 O. Suggested amount to budget inoluding supervision and oontingano ies $24000. . I.t:' w. E. Dean (Signed) W. E. DENN Assistant Bridge Engineer , , . /.. Sept. 3, 1947 oc: Mr. DeGarmo Mr. Bennett ----------------------- Mr. Boyd A. Bennett, City Manager City of Clean/ster Clearwater, Florida Dear Mr. Bennett: Answering your letter of September 15th, the Road Board at its meeting here on Septrnnber 6th agreed to stand one-halr the cost of repairs to the Clearwater Bridge based on our Bridge Engineer's report not to exceed the swn of $12,000.00 provided that Pinellas County would pay the other one-half. I see no reason why this offer should not be extended to the City of Clearwater. Certainly the Department, before proceeding, would want whiohever agency whioh intends to participate to ba ve the money 0 n hand. Sincerely, F. E. Bayless (Signed) F. Elgin Bayless Chairman FEE: Mf Mr. F. Elgin Bayless, Chairman State Road Department of Florida Tallahassee, Florida Dear Mr. Bayless: We are in reoeipt of a report, dated September 3, f.rom yoar Bridge Engineer, Mr. W. E. Dean, following his inspection of the draw bridge on the Causeway at Clearwater. We indeed appreciate the time and effort spent by Mr. Dean ~nd your interests in having him m~ke ,the inspection and report. It is regretted that the Cit,y does not have any money with which. to do this work. It is hoped, however, that in the future it may be possible to allocate some of the City's income for this pUlpose. We are wondering whether or not the state Road Department could heve this work done and the City share in its cost sometime in the future when we can arrange for funds. Anything you may be able to do in the City's behalf and any suggestions you may have relative to this matter would indeed be ~ppreciated. Cordially yours, '.". ' ~ : 1 . ;, ' ; Boyd A.. Bennett City Mana ger ". f '.,. ,.,,' , .' '.,' :BAB: he , ; 0,0 ~:':~~urtney Campbell , : , ' ~-",'.. ---- ,,~,,";\',~:~:,~~bii~~I~i:,J!l~~~~~~~~~:~~~~~:\;: ""-'~"'." y- \\(ii~~';~~ .',~ ;.~ . .~ ", "'(, ~...: ~ '.- ."'_.:.: '.,' ..... '..---"..- ,'. .;.~~Y:~lvi:..Lj~.C~II~.~:':1:~;~~.~,,: >.~:.~~~::.;~::.:::;~.:..t.:\~~wt.. :~... .:...~. _~.. ,..,,;:..:.-:...~ .:''; .-...-.. ''''''- : -' ,'~'". ";.. . .~, ~.. "_' ,r, ).;.,,,,: . .. " Hr. F. Elgin Bayless, State Road Department Tallahassee, Flor~da Cha1::tlllsn of Florida Dear Mr. Boyless: . At a moet'ing of the City Commission held November 17, the Oommission accepted your offer o~ September 18 to pay half the coat estimuted ut $24,~OO of the repairs to the east 'drawbridge on the 01earwater Causeway, and instrllcted the City Manager to work out the necessary details regurding the work and the financing of same, Very truly yours Boyd A. Bennett Oity Manager BAB: hs I' ,. ,I. . c': ~i ".~,~;:j { :.'.'.. \. ,':1'. : >;..;;' <.. " ' i,' :; ,. "': _i.L~,I'''; .. " " \ :j,-' ,. '"I ";.., "~l , .. _~, I...' .; I,' ! , " . .' '. I' j.~>L,~.."... ..'x ;:', ."ok: '., ': ~.I.~ \,' .f ;. ''-,: ....;.,::: &~d_~ \'~:~. ': (J~,'" .. " , .,;': ,:y ',. '. ~ '. " . ,,,,.~,,, ;,.~, :';~. J, :' ;',:\.:. h. " '. (8)" '. "',"'," ',' -'. ,.\, , . . .:~,. . ~"~ .;....~...;'I"i;. , '. 'tb,' i"'" '11::r;:,,;,,~.,~);V;C '.' ,+:"",,~,\., " (',' '. ~ " ~',' ,",. .I ;\ ,. ';1 ";' .~ '-' . ~ " ( , ), " ' ....,. ~', , .. .' ":-. ~,'.. ~.:.'- .y ,~,~,:'I. t.... ~ ! iIl'l . '. " ,.:1 :,~ ~,?~%~,\i,:,,; 'r " r . ' " ,~, ',. t " ,~'~;~~7, .' , ..,J.; ",' ,,' , . ", ... .;. : ~;.~" , . , , j , ..:". j':' : J1':~ i.~ ' ' � � czz� co1,��ussz�N r�isuTLs Novemb�r l�, 19�7 The City Comnission met in reguJ.�r session the evenin� of i3ovember 17, 191�� in the City Hr�11 at 7:30 P.M. wii;h the iollowing me�bers present: J. 0. Hou�e, T, 1�. J'ohnson, Iiarry D. Sargeant, Vd. C. �llells, J'. R, C�ane. Absen�: N�ne. Others presF3nt were: City IvTana�er, Boyd b. Bennett, City kt�orney, George Vl. Smith, and Chief of l?olice, J. J. :Elliott, The mee�ing va�s called to �rder bu ttfayor H�uze and �the minutes of the �Gwo previous meetings were,read and appraved v�ith the F.xcepti�n at the sug�estion ot Gomc�issioner Sargeant t�e City Clerk was directed to have the Commission minutes of Tlovember 3 show that Leroy R, Gexrison's Ysnsion bene�'its v�ere to be assumed and paid by the General Fund. It was moved by Commissioner Crane, seconded by GommissionQr Johnson and unanimously cUrried that the applicat�on of NIr. &�tiirs, xdolp�. Yalomino 501 S. T't. $arrison rvenue fox a beer license consumpti�n to'be off the premises be denied, It was moved by Comraissioner Crane, seco nded by Commissioner Sargeant and unanimously carried that the liquor application o� Clearwater Lodge �1030 Loyr�1 Order of �:oose, 636 Chestnut Street, be approved. � resolution vaas read by City i;�anbger Bennett V�hich would require that certain properties as described be cleaned oPf at the expense �Y the ojvner. . This resoluti�n is set out in full belo�v. It was moved by Commi.ssioner Sargeant, Sec�nded by Conmissioner'Crane and unanim�usly carried that �the resolution as read by the City I,ianager be �dapted. Tha ytiestion of �utting mar.l on �ark street an� Franklin Street was xeferred b�,ck to the City Iylan:ager with the request that he contact the nroperty o;r�ners and see if they would be vailling to pay the cost o� such street v�orr. The City i:ianager reparted tihat there are no funds in the present budget to tel�e care gf this vaork. On the recommendation of tha City n:anager, it was moved by Co�issianer Crane, seconded l�y Gommissioner �'iells snd unanim�usl.y carried that tlie �.ollowing gas mains be approved: . _ . , , , 60U feet of l� gas raain �n Grove Street , .�270.7:1� 1000 feet of 14 gas main on 5evi11e Street 513.1�1 k petitian was read signecl by approximately fifty residents of the r'ine Brook Subdivision asking that the City Gommission consider and aat up�n the subject of street lighting in that section. Tbe petition s�t aut that the Chie� of the I'ire De�r�rtment sta�ed thst proper lighting could be had by the installatio�i of nine lights. The City hianager reported that he had asked the �ower �om�any to f urnish estima�es of the �robable cost, The Commissi�n t `by unanimous consent re;�uested the City T.4�:r�ger to secure� �rom �he po�Uer company the cost of the required light instellatians a nd �vhei:her o� �ot the ex�enses oi such installatiaris ��au1d have i�a be born by the GitSJ, �Iv1r. Ben �rentzman, on bzha�:e of the Clearwater Flyin� Company, ofPere,d the audit of the company m�c�e by H. I�I. Turnburke. This offer cauie after a discussion of the C�t3*'s intenti�n to have an audit made of the comnany's 'books �s provided in thei� contract. The matter as to whether or not an ir�dependent audit w�uld have to be made or �Gh�t the campari�T's audit by ?��r. Turnburke wouid be anf�icient, wr�s lei't up to the City bianager. Commi�sioner Sar�eant re�orted on the �iaying oi gas and �,vater taai�.es ;outside oi the',City,. He raported that he thought that the cost of gus lines outside of th� City shou�.d be paid ��r by the customer; th�t some refund oi; such cost be returned to �he customer over a perioci of 5rears. Tt was moved by Com._issioner Crane, sec�nded by Ganunissi:ner Johnson nnd �animously aarried that the re�orl; � of Cornnissioner SU:cgeant on gas ivain extensions be �cce,�.ted, that the City 14.�:anager be instructed to bri�g back a report �s to h�w b�tl� g�s �ad v�ater main ex�;e�asions sll�uld t�e fiilanced. City Pdanager Ben�iett read a letter sta�ing that the Utate Raac� � � Degari;ment�hsfl a�reed to.stand ona-hUlf �he c�st of re}�zi�in� the ea;t Glearw�ter C�useway 'r3ridge; the obligati,�n of the atate ttoud Depas��nent not �Go exceed, however, w12,�00, and the City I;�anage� reconunended that the ; offer• b� r�c;ce��ted. lt va�s moved by Cor,unissioner J'ol�nson, seconded by ;, Comi;�issioner•Crar�e anfl unaniniousl3* c�rriad that the recom�.ienaati�n af the � �ity T�.��anager be a�proved and �Gh�t he be �ivPn authnrity to accept �he of#'�.:r � of i;he �ta�e l:o�a De�artment. , � �: 7`wo le�ters c�ncarning zoning changes si�ned by Oliver H, tsnaerson, Secr�t�ry oi the uoni�ig 13���d t�nd Iie�bert ]31�ant�n vuere read ancl t�re set' ottt bel�w. It va�3 �oved by Cti��mis:�ioner �ar�e�tnt, suc�nded by Commissioner �'de11.s a:id � uti�niraously carried tnat t;lie groposed "�oning ���v ch�n�es riot Ue �71Gcea �r_ tne , , bnllot�'. }Xl �Y�p I)ecember election but. �li�t the vote on the clianges be cleferred uriti]. c�bout is�ril. 1 oi next year, ia1 oxcler that sufficient`tine m.i.gilt be � rr�sd to thoxou�;hly� inves�i�a�e such p�oposed ch�nges. ! . . � i _, '\ � � 7� d J'. E. SatiterfiQld, �n beh�:if.' of L. Ii. l�eid ctivnor of Zot 30, v, l�orry . Snell's Blufz"view uubdivision, asked that the City considar the cht�n�in� of • �he zaning on Zot 30 f°ram t�-1 to Ft-2 and thcat the matter be c�nsi;�.ered �s q � har�ship case, It �v�s b^�ugh�G au� du�:Ing the discussion that it w�s � � ' possi4ili�y that the dxaftsme� htld ��de s mistmlze in sl�owir_g T,ot 30 �;s 1t-1. 'It va�s also wrought ou� thr�t the z�nin¢; board �vas unanim�us in reco�endiiig tha+ Lot �0 be cl1�s��ed to H-2. It caas aioved �Sr Comm�,ssi�nsr Sargeant, s:.condecl by �ommissioner Grane �,nd un�nimously carried t2i�t Zot 30 be c�ns:�dared as �a hardship case., �nd that the City Commissipn c�nsider cY��n�in� the zoning . on this �ropert;� a� its next regular mee�ing. TYie request of Herbert �lant�n for the �pproval o�' a nerv map changin� si�seets' dimensiuns in fr�nt c,f Zots 11, 12, 13, and li�, Block G, �egstone hi�inor ��rss deierred until the ne�t re�ular meetin�. ' Mr. i�.. :�: �arbison i�as present and �ratesteci a let �er fr�m the City , Dianager advising him to pay ;;�25.00 to t�e owner of a privb�e water line or the City would have i;o cut �i'f his water su��ply. No'action t+�as taken in t�e matter tending =urther investi�ation. , 2ti.ay�r Houze,repnrted that tre Crest Lake nssociGti�n would hold a '� memorial service in honor of 1FIr. Gharlie Shaw, zoruier perit superintencient in Grest Lake lark„ the 30th oi September and that a tree v�ould be �lantPd and dedicated in his lionor, . r Ordinance No, 550 "An Ordinanee authorizing the issuance of �;525,000 I�iunicipal Utility �evenue Certif::vates, Series of 191�7, oi' the City of'Clearuaater, F1orS.daS �and �roviding for the pa3Tment of' the interest on and grincipal of said certiiicates," � wss introduced in vrritten ��rm and caused to be read in full< It was �� mosed b3r C�mmissioner Crt�ne, sec�nded by Commissioner Johnson that j�roposed Ordinance Ido. 550 be passed on its �'irst xeading. The v�te on the motion �vas as =olloivs: • iiye: T.n. Johnsan, :,T.C, F7e11s, J'.R. Crane, �. 0. Houze ' Nay: �arry D. Sargeant. k"]hereu�on the hSayor declared the motion duly carried. It was moved by Com�issioaer j'lell.s, seconded by Commissioner Sargeant that al1 rules requiring defzrred c�nsideration of said proposed Ordinance No. ' 550 be susPended so that the said proposed Ordinance may be considered �or �inal adoption at this meeting. The v ote on the motion was as fol�ows: xye: T.r_, J�hasan, �'d,C. Yrells, J'18, Crane, Harry D, Sargeant, J.O. Houze. I�Tay ; None . � V'ihPreupon the i�ayor declared the motion duly carried. It v�as iuoved by Commi.ssioner 4{ells, end seconded by Commissioner Crane � that said proposed Ordinance be �ow read the second time by title only. The vote on the raotion w�as as foll�ws: �ye: T'.x.. �'ohnson, Harry D. Sargeant, �,'T.C, Wells, J',R. Crane, J'.0, IIou.ze. Nay: None. 4`lhereur��n the i�'iayor declared the motion. du7.y carried. Ordinance No. 550 tiv�,s now read by title only and it was moved by Oommiasioner 5"lells, seconded by Co�issioner Crane that said Ordinance IJo, 550, be �passed on its second reacling. The votE on the motion was as f ollows: � i�ye: T,t�. Johnson, Harry D. Sargeant, ti'�,C. Vdells, J'.R. Crane, J. 0. Houze., Nay: N�ne. �iJhereuPon the t�a,-yor declared �he motion duly carried. By unanimous c�nsent, the proPosed Oxdinance vd�:s reUd �he third time in ful1. It ti+�as moved by Conmissioner Crane, seconded by Gomraissionex 4'�ells that' E proposed Ordinance No, 550 be passed on its 3rd and fixial reading. , � fihe vote was a's follows on the motianc � �iye: T.r_. Johnson, Harry D. Sr�r�eant, 47.C, VVel1s� J',R. Crane, J. 0, t�ouze, � Nay: Tlone, ' , � � � 0 � �' � 0 cz� co��urasszor� r,�z�wT�s (cont�rzzJu��) November 17, 1947 V'�hereupon the I�T�yor decl.ared the motion duly cbrried and that said Ordinniice was duly aclopted on three sevaral readings. It was moved by Comrnissioner �ohnson and seconded by Commis�ionar V�eils that a separa'te vote be taken upon the provisions a�f said Ordinance �Ghat an emergency exiats requiring it -Go become efPective upon adoptian. The �4ayor ha�ving ��ut the question :on the motion the roll was -^.alled and the f ollowin� voted: kyec 'P.A. Johnson, Harry D:. SargQant, GV.C. �6Js11s, J'.R, Crane, J'.0. Houze. Nay: None. ' VThereupon the Mayor cleclared the motion duly carried and that by unanimous vote�oi' the City Comruission the Or�izance is e�fective as an emergency me�sure. The City �suditor and �lerk announced that the s�id Orc�inance had 'oeen signed by the Mayor ORDINh1�lCE TJO, 550 1�;N OFtDINt_NCE authorizing tY�e issuance of �5?.5,000 Iaiunicipal Utilzty Revenue Certificates, Series oP 1g47, of the Gity of t;learv�ater, Florida, and provid- ' ing ior the payment of th e interest on and principal of said certificates. * � � x� x� * [UFi�Rr��S the City of Cle�rwater, in the County of Pinellas and State of llorida, is a mutticipal corporation duly organized �nd operating under tne Constitu�ion and Laws oY the State of Flor'ida, inaluding"p�rticularly Chapter 971� of the Special ncts of the Legislatu.re of rlorida, 19z3, as amended, �nd pursuant �o said ch�rter lary said city nova owns and oper�tes utility properties supplying water, gas and sev�age services in and to said city and its inhabi- tants, and under authority o�' said charter law and la�•vs supplemental thereto said city is empovaered to maintein, operate,improve and e�tend such utility properties and re�ulate and fix reasonable rates and chsrges for the,services furnished th�reby; and !` ���y5 said city no�v has outstasidir�g its �,`Tater Revenue Certii'icates dated DecemUer 1, 1935 in the principal amount of �`51,000, bearing interest at the rate r�� four per cent per annum and m�aturing serially,on Dscember 1 of each of the years 194? to 1955, inclusive, which, by their terms, are payable from and secured by a first charge on and pledge of the revenues �3erived from tha operation oP the portion of said munici�el utility properties supplying water service remaining after �aym�ent oi costs of operation, maintenance and repairs of said portion of said utility progerties; and � ��tfi�t�F�,5 said City now has outstanding its Gas Hevenue Certificates dated December l, i935 i,n the principal amount oi' �59,000, bearing int2rest at the rate of f our per cent per annum and maturing sarially on December l of each of the ;�ears 1g4.'7 to 1959, inclusive, which, by their terms, are payable iram and securtd by a first charge on and gledge of the revenues derived �rom the operation of the por.•tion of seid nunicipral utility proparties su�,plying gas service remaining after payment of costs of opzration, maintenance and repairs of said �ortion of said utality properties; and TtIH:LFtE�S said City has also now autatanding certain Gas Plant and Sewer System t2efuliding Revenue Cer+ificates dated October �, 1941, which are the unpaid remaindar of an original authorized issue of �259,000, authorized by Ordinance Number L�84. adapted Uy the �;a�1 oi Comutissioners of said City on .J'�nuery y, 1942: �vhich certifiaates bear interes� at the rate of three and �ne-quarter per ce.nt per annum and by their terms are payable from and secured by a first chergs on snd pledge of the revenues derived from the au;ger,a;b�bn o� the porti�n of said municipal utilit� properties sux�olying sewer service remaining ��ter pa5nnent of costs of aperation, maintenance and repairs of said portion of said utility properties oi�d by pl.edge o� the revenues dsrived from the operation of the por`Gion of sai� mtzricipla utility properties supplying gas ser�ice remaining after payment of costs of operation, maintenance and repairs qf said portion of said utility properties and after there have been made �therefrom sll payments required to be made for the benefit of the hereinabuve described Gas �evenue Certificetes; and V7Eir�£2EtiS �he revenues of the portion o� said munici�al utility pr�perties suppl;iing sewer service r�nd gas sarvice av�ilable for deposit in th� �ewer l�evenue Fund created bq 5ection $. of jaid Ordinence Number 4��. for a perioc� of not lc��s than twelve consecLtive months praceding the adoption of this ordinance, to tivit, a periocl of 12 consecutive months, have been equal to at least one and tYiree-fourths ti:nes the anounts requir�d to be deposited in �he Uper�i;ion E�ccount for vahich provision is niade in said Saction 8 and ■ 67�8 _ ■ required to be de�osite3 in th�s Certifica+es Sinki�g Fu�d for which pravi�ion is made in said Saction �; and , � l'�Tr.�2'+ S the Ci,ty qommission of said City has ; oretofore conibinod and consolidated all of said nlunicipal uti�ity properties uupplying w�ater, gas and sew�ge services �s aforesaid, and in order to meint�in ai,d operate said c�mbined and consolidatea munici�al utility pro�ert�os it is necessary for the .�reservation of the health, convenienoe and sa,fety of. said City and its i�.hat�;.tants to cqnstruct impro�rements, betterments and extensions, and to finance the cost of ol:her improvements, tietterments and extensions heretotore made, for which puxpose it is necessary that funds t� the amount of Five .�iundred Twent3;-five Tl�ousand Dollars {��525,000) be provided; �nd ;'JHEREAS a�.l of �Ghe obligetions of said city as undertaken and expreased by tl�e proceedings pursuant to which ssid presently autstanding Watar Revenue �ertificates and Gas Revenue Certifi;cates were issued arE current so as to ena'ble said city at �his time to i�sue additional revent;e oertifict��es, as herainafter authorized; snd tVhereas the estimated rev�nues to b e deriveci i'rom the operation of s�aid combined and consol.idr�ted municipal utili�y proper�Lies are more than ample to pay �11 operating and mainte�i�nce costs, to �ay the annual interest and sinking fund reyuirements for said presently outstanding 1�J8ter Revenue Certificates, Gas Revenue Certificates and Gas Plant an�3 Sewer System Itefunding �tevenue Gertificates �nd to,pay the annual int�rest and sinkirig fund req.uirementis for the additianal reveuue certificates herein authorized, tre average annual net earnings during the ensuing �wenty-five years hauing been estimai:ed r�t more than � 150,000 ; NOVI, TH�2�ORE, Be It Ordained by the C�ty Go�ission of the City of Clearwater, Floi:ida, as �ollows: S'ection '1. Tna� a11 provisions aril declarati�n;� for the ov�inership, contral operation and mai:ntenance by the City of Glearv��ater, Florida, of its municipal utility properties supplying water, gas and sewage services i.n and t� said citg on a combined and consolidated ba�is are h2rPl�y ratified and eanfirmed, and so long �s any of the revenue certificates hzreinafter autYiorized remain outsta�ding and unpaid said•klunicipal utility pr�perties shall be so owued, controlled, operated and maintsined, and shall constitute the security for saa.d revenue certificates hereinafter authorized and provided. Section. 21 That f or the purpose of constructing improvements, beti�er- ments and extensions to said municipal utility properties and �inancing the cost o� other ir•iprovenents, bettermen�ts a nd extensions heretofore made there be and there are hsreby ordered issued the negotiableIviunicipal Utility Revenue Certificates, ueries of 19tF�, of said city in the total princi��al a�ount of Five Hundred T�venty-five Thousand Dollars (�525,000), Said certi- ficates shall be in the deno�ination of Y1000, shall be numbered 1 to 525, in- clusive, sha11 be dated December l, 1947, and shall bear intzrest until paid at such sate or rates as shall be hereafter cle�errnined an�: fixea by supple- mental ordinance as a result of comletitzve bidding and public s�le of said revenue certii'i�ates, as hereinai'ter �rovided. Said interest shall be pt�yable serili-annually on the first days of June and December a�' e�ch year, an�i said certiiicates shall become due i n their numerical order on Dec�mber 1 of the respective years as follo��s: Year �unount ' Year �,mount 19�.g �zb,000 195� �33,000 1949 � z6,000 195� 3t�,000 1950 � ��,00a 195$ 35,000 1951 2�,000 �_959 36,000 1952 30,000 1960 3.7,000 1953 30,000 1961 38,000 i954 31,000 �.962 �O,000 1955 3?,000 1y63 41,000 provided that said certificates numbered 139 to 525, incluaive, shall be optional for reciemption by said ci�y prior to m�turity in w�.ole, or in part in the inverse order oP their mai;urity (less th�n a1:1 0� a single maturity to be 'sel,ected by lo�G) , on December l, 1952, or on a.ny in�erest paym.ent date th�xeafter, and in the event of i;he exercise of such right oi' redemptiozi of any of said certificates as aforesaid said city e�rees to pay to the iiolder thereof upon redemption of sr�id certiiicates interest in addition to that evidenced by interest cou��ns then accrued, in an �mount enu;,l to three per cent (3j) oP the principal aiaonnt there�P if called to redem�tion on or prior to llecember 1, 1955i ��vo percent {2°�0) of` the principel amount thereof i� c al�:ed 'for redemption there�fter �nd on or pxior to ::ITY CULu;:IS„T0�' I�.IA1[TT�S (GJidTI1Ny'D) November 1'7, 191�7 - (Fax�ra of Cou�on) No. �� On �h� firsi; day oi' , 19_, the CitS* oi' ClearL•a�ter, �'lorida, will p�y ta '�e�rer u� in the Uity of the stun. oi' Dollass '�p S ) solely fram the � �pecial i'und referred to in and i'or the semi-annual interest then due upon its n�iunicipel U�;ility Itevenue Ces�tificate, Seri�s o� lql�:7, dated ppcember l, 1q1�7, TJuiubered , , City t�uditor �.nd Cler;� City T���nager T�i� y�r-G ot�r;ti s si oner {�orri of Valida-�ion Certificate) tiTalidated and confirmed by a d.ecree of the Circuit :�urt oi the ;aixth Judicial Circuit, in and for Yinellas Coun;i;�, Flarida, rendered on the day �i , 1y�7. Clerk of ssid,C:ircuit Gourt (Certiiicate oi' i-ie�i5trati�n) This certii'icate msy be reg9.stEred ss to �xincipal an the bo�ks o�' the City _.uditor and Clerk oi the Cit�r of Cle�r*r�ster a,sd notati�n oi' such regis- tration made iiereon, snd this car.tificrte nGy thereafter be �ransferred �n said books by ,a varit�en �s:�igrLrz�nt by the registered owner os his attorney, duly acknowled�edy or proved, and notati�n oz sLtich tr�.nsfer endorsed �ere�n. 3uch transier m�y Ue t� bearer and therzby transf'erability by delivery sh�l3 be restored, subject, ho���ever, to successive registrati�n �nd transfer as bei'ore. ThE :�rinci��al oi �L]zis certific�te, ii re�istered, unless re�istered to bearer, shall be p�y�ble only to the registered oivner, or his legal representr�ta.=re, but ttYe cou�ons appertaining heret� tiaill rem;;in �ayable to bearer, nr�tyiths-t�nding regist�ation of this certizicate. N�me of Date of Signatnre of Re�istered Hol,der ke�istration Citp huditor and Clerk Section �. That said &iunicipal Utility Ttevenue Cartizica:tes �hall be registerable as to principal in accordaizce �;�ith the provisions for re�istra- tion hereinbefare provided for end�rsenent up�n said certificates, an:.' the City xuditor and Cler'k is hereby �pp�inted and designated He�istrar for• such ' ` purpose, No chryr�e shall be made to any holder of s�id cex�tificates far the privilege of x�egistrati�n. uection 6. That the City of Clearwater her�by covenants and agrees �aith each successive hnlder of the T:iuniaipal Utility Revenue Certificatos herein authorized and the coupons thereto attaehed that so long as eny af the said cer.tificates are outstanding it will con.tinuously awn, control, opQrate end maintnin its municipal utility properti�s supplying yvater, g�;s �nd selvage services in und to Naid city on a combined snd consalidated basis �net vrxll at all tin�es �'ix and maintain ratos and collect charges .for the fdcilities and services a�'forded by said municipal utility proPesties i'ully �uf �'icient at all times: (a) To pe5r the rer�sonable and neeessary cost of operating, main�aining and repa�ring said utility proPerties; (b) To maintain �'rom the accot,n�able revenues �rom the portion of said u-Gility pxoporties sup��lying, rva�er services and fecilities the j'GTater�vorks Itevenue Cortificates Sinking Fundp' provided snd requir�d tio be inaintained to seaure tlie paymoiit of the prese�tl;� outst�n3ing �'I�atex Revenue Certii'icates of said Cit3T dated Dacea�ber 1, ly3S; � b a� (c) T� rsain�Lain frozn the $ccountable revenues fr�m tha �oz'Gi�n of s�id utility prc��perties supplying gss services and facilities the "Gas itevonue Certificates Sin�:in�� �un$f' ;�rovided and requi,red to be m�int$inecl to secure the paymant of the presentiy outstanding CTas itevenue ver�iticetes o� sqid Ci.ty dated l�ece�ber 1, 1935; (d) To maintain irom ths accountable revenues froni tl�e portion of said utility properties sup�lying gas services and i'acilii;ies and sewer se.rvices and facilities the SkFiefunding Revenue Certificatea �initing Fund" provided �and requirecl ta be mainta�ned under the provision.s of the above described Urdinc�noe Number 4�1� to secure the payment of such bf the Gas Ylant and Sewex S�s�Geni Re�'unding Itevenue Certific�tes es may be fram t�uie �o time outstancling, and specifically to assure the exis�ence of such revenues �nnually equal to one �nd three-fourths times the amounts required to be deposited in sttid sinkin�s; fund and iz� the Operation.�cc�unt pursu�n� to tlle pro�isions of Secti�n g of said Ordinazzce i�u�ber 4g1i.. (e) To esi�ablish the maintain a special fund which is hereby cre�tted and deaignated "h:unicipal Utility Reveiiue Certificates Sinking Fund," which fund will be sufficient t� pravide for the paymen� of ty�e in.terest on the certizic�tes herein authoriaed and tl�ose hesein permitt ed to be i s�uea on s p�7�ity therevaith as such interest falls due, pa5� the principwl thereaf st or before mbturity, snd to �rovide �nd maintain a reserve for aontin�enaies es hereinafter providad; and (f) 1^0 �rovide for and permit to be set aside int� a special �'und hereby created anc; designated "Deprecietion Fund'� an amount equal to at le�ast three per cent of the gross receipts or revenues of said municipally ownea and operated utility properties and t� be used for extension or replbcement of capital assets of said propertiEs and utilities. Section �. That the �r�ss relTenues af s�aid utility propertizs sha11 b e deposited as received in a f und separ�te �nd aa��t frqm all other funds or accounts of sai.d c ity, t� t�e designated a s the "Utility Ftevenue Fund," provided that, so long a� there �re outst�nd�.ng and unpr�id any of the aforesaid Vlater Hevenue Certizicstes, Gas kevenue Certificates or G�is Ylan� and Sewer System Refund?ng Revenue �ertificates of said city, a separate accountino Gha11 be �e1�t of the amount of such �ross revenues of the respecti:ve porti�ns of said ut�lity prope�ties. The moneys in said account shall be set aside on the first day of each month into separate and special iunds as i'ollow�s: {a) Operation, IvIaintenance �nd Repeir Fund: There shall be a fund known as the "Operati�n, i.:aintensnce and Repair Fund," into v�hich there shall bs paid �onthly out oP the gross revenues a suff icient amount for the reason- aUle current expenses of operating, maintaining and repairing the said utility properties; provided, that so long as thera are outstanding and unpaid any of the aforesiad l'Iater Bevenue CertiFicates, Gas Rzvenuc Certiiicates, or Gas PTant and Sewzr System Reiunding Revenue Certificates of said city, � separate accounti.ng shall �e kept of the reasonable current expenses �i operating, m,aintaining and rep�iring the respective portions of said utiLty pr�nerties, and the amounts thereof shall be chargeable against the separate accounting of the �ross revenues f rom those portions of soid utility properties; (b) t�7ater r�evenue Certiiica�es Sinkin� Fund: So long �as there are ou�- standin� and unpaid any 1Jater �evenue Certificates of said city dated Dec- ember l, 1935, there shall be paid int^ the special f und securing the payment thereof the reyuired amounts from �he se��rate accounting of t�ie reveuues of the pori;ion o� said utility properties supplying vaater services and facilities all �s pr�vi�.ed and rEquired by the proceedings pursuant to which said VTater Ylorks Revenue Gerti�icates v�ere issued and are naw autstanding. (c) Gas Etevenue Certificates Sinkin� Fund: So long as there are outstr�nding and unp�id any Gas Revenue Certificetes of sai; city dated Decembcr l, 1935, there shall be paid int� the special fund securing the payment thereof the rec,uired amounts frorr� the separate accounting of the revenues of the portion of said utilii�y pr.operties supplying gc�s services and facilities, all as provided an& required by the proceedings p ursu�nt to w hich said Gas itevenue CertiPicates were issued and are now outstanding; (d) Hefunding Revenue Certificates Sinkin�c Fund: So long as t�ere are autstanding and un,paid any of the above described Gas Yl�nt and Sew�r System ltefundinr Revenue Certificates thexe sha11 be paid into the special i'und securing the payment thereof, the r�quired ara�unts from the s eparate accounting oY the revPnues of the portion o� said utility properties au�iply:ing ges services ond f�cilities a nd sew:r service5 and �r�cilities pro�;ided t� be �>aid tnereinto under the pravisions of i;he aYaresaid Ordinan�e Number LH�1�, an�l it is specifically pr�vided, r�cited and agreed thr�t nothin{� in this �ydin+.nce cant�ined shall be construed i;o pledge to the payment of the LIunicip�;l Util,ity i�eVenue CertiPicates herein �uthorized rev�nttes to be cles�.ivad fram the portion of �a:id utility properties supplying gas sexvices and ,facilities �rnd aevaer services an�1 facilities, except to the ea.tent that �uch ravenues exa.s'� B Y ; I CITY COAII,�SSION MINUT�S (Continued) Deceraber l, ly5$; one per cent (1°0) o.f the principal amount thereof ii' called for redemption thereaiter and on or prior to Decembsr 1,1961; and withqut �;�yment of �dditional intere�t if c�lled for redemptian thereafter, r�ncl said city a�rees that notice of any such redemption identifyin� the certificetes �� he redeemed will be published �t least once not less than thirty days �rior to the redemption d�te in a newspaper or financial journal of �;ener�l circul�tion published in the City of New Yo:ck, New York, and �n.y such certific�ttes thus called for rederaption and as to L�hich fuirds for the re�irement thereof are deposited at the designated place bf payment on or before such redemption date will cease t� thereafter bear interest. Said. cPrtificates sha11 be payab'le as to bo�h Principal and in�erest in latiyful tuoney of the IInited States of �merica �at the principal ofi'ice of �hemical Baniti and Trust Company, in the City of Sde�� York, N. Y, Section 3, That said certii'ica�es sh�ll be executed on behal� of said city by its City �suditor and C1ark and its City b7anager, and countersigned by its a2ayor-Commi.ssioner, and shall hsve impressed thereon the corporate seal of the City of Clearwater. Interest on sail certificates'�t the coupon rate fixed. and detzrriined as aforesaid shall be represented by coupons att�ched to e�ch of sa�.d certificates e;�ecutect with the facsimile signatures of said Citg ,i�uditor �and Clerk, City I��anager and &iayor-Gommissioner, and said oYi'icials, by the e:cecution of ssid certificateu, shall adopt as and f or their own proper signatures their respective facsimile signatures a,�pearing on said caupons, Section ��., That said utili.�y revenue certii'icates and the provisions to ar-�ear on the back thereoi shall be in su�stantially the follavaing �ori�c (Form of Czrtiii�ate) UIJIT�� SThTY^•iS' OF 1i1,I�ttlC�i STi�i;+u OF FLORID.�, COUITY OF �II�d'i+�,LriS CI'I'Y' UF' CL�ii3t'�r�TF1� i:�tTI1ICT_P�,L UTII,ITY t2�'VIIdU� C'�tTTFICf;T� Sr;RTES oF 1947 No; �1,000 TH�, CITX' OF �Lr.�,i�'1nT.�I3, in the Gounty of Pinellas and S�ate of Florida, for value received, hereby promises to pay solely ixora the snecial fund provided therefor, �s hereinafter set fort�, to the bearer or, iz this certi- ficate be registered as tn principal, to the ragistered owner hereof, on the first day of Decembei, 19l; , the princip�l sum.oi One Thousand Dollars (f1,000), and t o pay from said s�ecial fund znterest ther eon.from the date hereo� at the coupon rate of per cern ( o} per annum semi-annuallv on. the first days of June and December of each year until paid, except as the provisions hereinafter set forth with respect to r edemption rnay Ue and becone applicable hereto, sucll intexest as aioresaid as may accrue �n and prior to the maturity dete he�eof �co be �iaid only upon ths presentation and surrender of the annexed interest coupons as t�ey severally become due. �oth principsl of and interest on this certificate are payabTe in lawful money oi the Unitad States of �nerica at the princi�sl office oP Chernical Bank and Trust Gompanv, in the City of Ne�� York, N. Y. This certificate is one of a n issue nunbered �onsecutively from 1 to 525, inclusive, issued by said city pursuant to and in full c�mpliance with the provisions of the Canstitution and laws of the St�te of Florida, includin� the charter lasa of said city, and pursuant t� an oxdinance duTy adopted by the City Conmission of said city, The issue of certificates of which this ce�tificet�e is. �ne has been aui;harized and issue.d for the pu�•�ose of paying and fint�ncing the cost-of improvements, betterrrients �na extensions to the municipal utilii;y pro�erties of said city, supr�lying water, �as and sewage sarvic�s. It is provided in said ordina�ce that the Com�ission of said City shall fz;c �nd maintain rates and collect charges for the facilities and services afforded by said utility properties sufficiznt to provide revenues adequate at all t9mes to pay the cost of operating, maintaining and repair�i�g same, and �topay into � speci�l fund created b� said ordinance r�moun�s fully sufl'icient, r�fter allodvance zor such costs of operati�n, maintenance and repairs, to provida for tlie pr�mpt psyment of th e interest on and principal of s�id issue of certificates and al1 other �ertificates issued an a parity �hexe�vith under tYie restrictions and provisions of said or�tintance; providad, said city hr�s ou�Estanding certain V�fater Revenue Certificotes, Uas Revenue Gertificates and Ga� i�lant and Sen�er Syst;em Refunding tZevenue Certifi�ates, which by their terms are p�yable �rom and secured by a first charge on �nd pledge of resZSectively the r evanues derived i'rom th� �perati�n of the water vaorks utility �roperties, �ewer system and the g as plant and systein of ssid cit�y remr�a.ning af�er payment of costs of operai�ion, maintenance s�d repairs of thase res�ective parti�ns oi' soid munici�al util��ty propertiss, and � �$r � � � �; �i � 6s3 payments into sraicl special i'und as aforesc�i�i are subjec-� to the vssted rights oi' the holders of such of said �lJater Ftevenue Certii'3oatest Gas Revenue Cer�ifica�es and Gas Pl�nt and Sewer Systeuz Tta:funding Revenue Certiiicates as may be outstanding from time tn time. This certific�ate, including interest here�n, is payable solely from s�id special i'und and does not constitu�;e an indeb�edness of said city wi:thiu the meaning of any constitutional, statutory or cilarter limitation. The City of Clearwater is under no obligations to pay ti�is cartifieate or interest thereon except irom the revenues of the municipal u�ility properties as aforesaid. `Certificetes of the issue of which this cer tif zcate is ona, numbnred 139 to 525, inclusive, are optional for redemption by said city pri ox to maturity in,whole,.or in part in tha inverse order of thsir maturity (less than qll of a sin�le maturity to be sel ected by lot), on December 1, 195?, or on any interest payment date �hereafter, and in the eve,tlt o� the exerclse of such r�ght of red�mption oi a�y of said certificates o� ai'oresaid said city agrees to p�y to the holder tnexeof upon redemption oi such cer�Lificates interEst in addi�ion to that evidenced by interest coupons then accrued, in an�amonnt e9ua1 ta three per cent of the principal amount thereof it called for redemption on or prior to December l, 1955; two per cetlt of the principal amount thereof if called for redempti�n t}zereafter and on or.prior �o December 1, 195�; one percent of th e principal amount thereof if c�alled for redemption , there3i'ter and o� or prior to aecember 1, 1g61; an.d without paymer_t of additional interest if called �or reclersption thereaiter, and suid cit;� agrees that notice of any such redemption identii'ying the certificates to be redeemed, will be published at least once not les� than thirty days prior to the redemption date in a news�aper or financial journal o� general circulation published in the Cit� �f IVew �ork, ZJew Y�rk, and any such certif'icates thus called for redemptzon and �s to vJhicu zunds for the retirement thereof are deposited at the designated place oi payment on or before such redemption date will cease to thereafter bear intereste This certiiicate with interest coupons hereunto appsrtaining is issued up�n tihe follo�ving terms and cor�� =.tians to �all of which oach taker and owner �.ereof and of the in:terest coupoi:.� cansents and agrees: (a) Title t� this certificate, unless registered as herein protiided and to the annexed interest eoupons, may be transferred by delivery in the same manner as a ne�otiable instrument payable to bearer; (b)` Kny �erson in possession oi' this certificate, unless re�istered as herein provided, or of the interest cou�ons hereunto appertaining, regbrdless of the manner in which possession shall have been ac:quired, is hereby authorized to re�res.ent hi.mself as the absolute owner thersof and is hereby granted power to �ransfer abs�lute title thereto by delivery thereof ta a bona fide purchaser, that is, ta anyqne who shall p urchase the same for value (�resent, or antececlent) �vithout notice o� prior defenses or equities or claims of owneiship enfareeable �gainst his transferror; every prior taker or o�vner of this certiiicate, unless rsgistered as herein provided and ot the annexed interest coupons, waives end renounces all o� his equities or rights therein. in isvor o� every such subseyuent bona fide purchaser shall acquire absolute titile t�ereto and to all ri�hts represen-Ged thereby; and (c) The Citi3T of Clearwater may treat the beaxer of this certi��cate, unles registered as hersin provided, or of the interest coupons hereunto appert�ining, as t�.e ubsolute o�vner thereof for all purposes without being affected by any notice to the contrary. All octs, condi�`.-i�rns and things required by the Constitution and laws of Florida, and the ch�rter of said city t� haPpen, exist and be performed pre- cedent t� and i n the issuance of this c-.rtificate; h�ve hal�pened, esist and i�ave•beea �erf�rmed as s� required. This certificate is registez•able as to priireipa]. alone in �cc:ordance vaith the �rovisions endorsed hereo�i. TiJ '�IIi,J�S,; ;JfL�iEOI+ said Cit;� of Clearwqter has c:�:usec]. i;hi"s certi�'icate to be executed on its benUlf by its City �,uditor and Clerk r�nd its City Iai�,n�,�er, countersigned by its rxayor-Corruaissioner, undex its corporete seal, �nd tiie interest cou�dns Iies�E,to 4'G'GaClled "�O be executed vai.th �he �acsimile si�n�,ture of s�id ai`ficers, e1:1 as of the first dsy of December, 1947• Countersi�ned; I'w�a y br-C o�r..i. s a i on.e� � CITY CUP�,�:'ISSION n4IiVIIT�S (CONTIiJUrD) November 17, �947 in an amount zn excess ai' an �mount equal to one snd three--fourths times the amounts required to be deposit ed in the Oper�tion xecount and kefunding Revenue Cer�ificates Sinkin� Fund established by Sectian 8 of �.aid Ordin�nce Nttrnber i��l�. kll r�greemen�s ond obligations herein contained an3 imposed on the c ity by law, pursuant to ��hich the city shall herea�'tE.� be obli�ated to make the revenues of said comUined utl.lity properties sui'ficient to csrry out all of the obli�ati�ns of this ordinence, sha,11 be so construed as to require the city to impose and collec� �ates and c�arges lor the commodities and services supuliecl bg said c�mUined atility properties in an a�lount fully sufficient to carry ou� all such obligati�ns af ter there have been deducted therefrom gas and sewer reverues in an amount equal t� one and th-ree-fourths times the am�unts reqttired to be d2p081�ed in said Qperati�n i�ecount and Refunding Keveuue Certiiicates Sinking Fund under the provisi�ns of Section £3 oz Ordinance Idumber L��1� aforesaid. (e) T�luiiicinal Utility kevenue Certificates �inkin Fund: The '�P�iunicipal Utility Revexzue Certific�ates Sinking Fund," �ereinaiter sometimes referred to as the '�sinkin; i'uncl") shall be used solaly and only for the purpose of paying the pr�,i�ci��al of �nd interest on -tne I,uunicipal Utility F?evenue Certificates herein authorized, �nd any additional certifi.cates that ma3� be issued on a parity therewith under the res'tricti�ns and provi,sions hereinafter set forth. �fter.�aaking the required m�nthly pay�ents into the Operation, Maintenance and Ftenair Fund, into the ;later ��orks l�ev�ntze Gertificates Sinking Fund, into the Gas Revenue Cer�Gificates Sinking Fund, and into the �z�unding itEvenue Certii'icates Sinkin� F`und as hereinbeiore in this section provided, tihere sha11 then be set apart and paid int� said sinki�g fund each year in equal r�onthly instellments a sux�'icient porti�n oi' the rer��ining gross revenues ior the sorvices and zt�cilities rendered by said �unicipal utility properties so as to pay �romptily v�hen due tb.e interest on dnci ttie pri�.�ipal af zll such certificetes from time t� time outstanding and to also create during the firsti �ive years foliowing the date oi' issuance oP the certificei,es, anci t� thzreaiter rsaintain a re�erve in said i'und in an amount equal to ten per cent (10�0) oz the principal amouht of such certificates theretoiore issued, Comgutations for sueh r��nthly pa;;�nents shall be r:iade qs of Dece��er 1 of each year, and the amount to ba so set ap�rt and paid into sa�d si?�king zund in each �onth from and after such Deueinb�rl shall :;e �ne sixth of the amount of intarest to bzcome due on the next succeeding interest pr�yment date ��lus one t�aelfth of �he amount of prineipal to bEc�me d�ae on the nzxt succeedi�.g December 1, provided, for the first five years fo1lo�Min� the date of issuance of revenue certificate� an additi�nal am�unt of s�icl revenues shall be paid int� said sinking iund tnon�;hly so that at the ezd of said period of f ive years a reserve �vill hava bzen accun.ulatad equal to ten per cent (1Q;o) oz the princi1�31 amoun� of such cert�i'icates. If, in any r,lonth, thera be t� failnre i'or any re�son to pay the requir�d amount int� said sinking fund the �eficiency shall oe added to the araount otherwise reguired t� be set �par{� r�nd paid into said fund durin�; the succeeding month, and if the amount in said f unc� immediately prior �o Decen�ber 1, o� uny year is less than the total int'erest and prineipal due an such �ecember l plus the requirzd reserve es aforesaid, not less than one twelfth of thz amount of such deficiancy shall be added to each monthly �ayment otherwise required to be made into said fund during �the year cbmmenein� w�ith such December 1, No �art of said sinking fund shall be used o r applied to �the rede�ption of certificates prior to maturity unless sll of the certificates then outstanding are tr, be redeemed or retired. No further pay�ents need be made into said sinking �'und vvhen and so long as such �mount o#' l��unici�al Utility Kevenue Certi:eicates shall have been retired �hat the am�unt then.held therein, including the reserve, is egual to ta� entire amount of i1�i;erest and grineib�l th�t �vill be paysble at and befqre the time of retirement of all of such certificates then remaining outstandin�. (f) Depreciation Fundc TherQ shall be paid in�G� the "Depreci.ation Fund" an amount ec�ual to at least three per cent (3;) of the gross receipts or revenues of sr�id inunicipally owned z�nd operated utility prope��ties to be used for extensions or replacements of capital esse;,s of �aid properties snd utilitias. In each inonl;h c�fter making the required �ay�nents into severa_L funds as herei,nbefore i.n this section provided, the balfince in the IItility He�enue Fund (in exceas of the amount estima�ed by the City Commission to be required �o be ivithdrawn tl�erefrom during the next succeeding th�ee mon�hs f�r likee payments) may be set apart and paid into �the '�Depreciation Fund" and be used for paying �;he cos� of necessary exi;ensi�ns and reAl�cements to tha said .muniaipal utili�y properties to ti�� extent xequired fro� titue to time for that purpose and o�her�vise s:.�ch b�l�nce mr�y be used to purchnse or retire certii'iaates in advance af ni�turity, or raay be ex��ended or vaithdr�ar��n on �rder �f the City Cammission for �tny lawful purz�ose. , All mon�y rvhich is or should be by tlie i'oregoing proviaions pa�,d in�� the sinl�ing fund is hereby pled�ed to the �aymettt of the interes� on and principal of the certificates hereinUefore authori2ed and such additionral certificates ranking on a pr�rity there�yith from timz to time outstand�.ng and which are payable therefrom, and said monay shal]. be deposited in a solvent bank or banks as a iund separate end a�art i'rota �ll other municipal funds, and esch and every such �e�osit, to the exte��t it cause3 the ag�re- gate �P de;�osits b3r said city in suoh bank to ba in excess of w5,UQ0, shall be continually secured by surety bond or bonds yvritten bg a surety aampeny of companies oi' reco�nized st�n$ing or Uy the valid pledge �f direct obli��tti�ns of the United States of kmeric�, having an �g�regate maricet value, e:cclusive of accrued intere�t, at �11 times ec�ual to �he amount af suah exces;,�. Section g. That the certificates nuthorizea t� be isyued lzereunder and from time to ti.ae outstanding shall not be entitled to priority one over the other in the applicatior� of the revenues of the municipal utility �ropertizs, regardless of the time or ti.rues of th�ir issuance, it being the intention that there shell be no priority amon� the ceri;if icates regerdles� of the fact 'that they �ay be actually issued and delivered at differeiit times. The City of Clec�rwa'ter agrees not ta incur any additional obligations payable from the revenues of said municipal utility propertiss vlhich will have priority in any respect to the cextificates herein auth�rized; provided, th�t said city hez•eby reserves the right and privilege of issuing additi�ii�l cer�ixicates t'rom ti:,.e to tinte payable from the revenues of ssid municipal utility pr�perties ranking � on a parity vaith the certifioai�es hereby aut�orized in order to pay the cost of extensi:ons, improvaments and bettexments t o said properties; prov�ded, that before �ny such additional certi=icates raniting on a parity may be issued there shall have been uracured and filed ;��ith the City Clerk on said city a stater,�ent by an indepsnde�it certified public accountant of' reco�nized reputation not in the regular' employ of the cit;� recitin� the opinion based ul�on necessary investig�tion that the net annual revenues o�' said municipal utili:,y properties of said city for the last two precedin; fiscal years has been equal to at least one and one half times �the total of the maximum am�unt that will become due in any one calendar year f or (1) both princi�al af and interest on the certificates then outstanding, and (2) the amount thst will become due in any one c�ilendar year for bo-th princip�l of and interest on ti�.e certificates then propased to be issued; and provided �lso that the interest payment dates for any such additional c�rtificates shall be semi-2nnually on J'une 1 and December 1 of esch year and the principal maturities oZ such additional certificates shall be on Deceniber 1 of the year in which ar�y of aueh principal is scheduted to beeome due; end provided also that while said city has outst2nding any �;'later Revanue Certificates or Gas Revenue Certificates, dated December 1, 1935> or Gas Pl.�nt and Sewer System nefunding Revenue Certificates, the annual principal and interest r�quirements for payment oi same shall be included in making such computation. The additional ceitificates, the issuance of v;�hich is restricted by t�is section, shall be understood to mean obligations payable from the reJenues of the municipal utility properties on � parity with the certificates herein specificzlly authorized and shall nat be deemed to include other obligations, the security af which is subor�inate and subject t� the prior and su�erior securit� of the certii'icates authorized t� be issued by this Ordinar�ce. "Net ear�ings"�are defined as gross .revenues, les:� operating expenses, which shsll includa salaries, wages, cost of ,maini;enance and a�perating materia].s and sup�lies, pumping costs, insurance and mr�intenance exnenaitures. The pravisions oi this section �re subject to the exception that if, prior t� the payment oi the certificates herein authorized, it shall be iound desirable to refund same, or any 4ther certificates ranking on a parity therewith, sdid certificates or an.y part thereof roay be refunded, a�d the ' refundisx�; certificates so issued sha_ll -enj�y comple�;e eguality and parity tivith the portion of seid certificates v��hich is not refunded, if any thera be, and the rEiunding certi�'icates shall contin.ue tt� enjoy whatever pri�rity over subsequent is:�ues thai may have been enjoyed by the cer�ificates thereby refunded; provided, however, that if only a,por�Ei�n �f the certa.ficates oatstandixig is so refundecl in such manner that the interest r�te is increased or that the refunding certificatos mature at a date earlier �han the maturity date of any of the eertificates not refunded, then guch certiiicates may not be ��i'�.ncled�bn.,s�.eB;��yaM�t�?�i�t}3o1al.t�t�.e_�Drl�ent�;oft�a hnld6xadm��;the unrefunded portion or all of the c ertii'icat;es than �utstr�nding, t CITY' COL'�o�IS:;I�N LfIDTUTES (C�NTIN[TL+'D) Tdovember 1�, 19�+7 _ � Section 9. It is hereby convenanted and egreed, that so long as eny of the cer�ific�tes hereUy authorized are outstandi.ng the city will carry adec�uate fire and windstoxm insuran,ce on a11 bu� ldings and structures of the utility pxoperties which are Nu'oject to loss through i'ire or vJi�idstorm and will carry adequate �public liability znsurance end will �therwise carry insur�nce 'of the kinds anci in the �amounts n�xmally c4rried in the operation of sirnilar utility properties in Florida. hll money received #'or losses under any �f such insurance, excapt public liability, and exce�pt as msy be �therwise reciuired by reason of contract rights vested in the holders of any of the outs�andin� c�rtificates p�gable from the revenues of the utility properties, shall be paid into the Depreciation Fund and disbursed for the same purposes as are other disburser,�ents fr�m the Depreciation Fund, Section 10. That the city hereby c��enant:s and agrees it will`cause proper books and accounts ad�ptad to the utility broperties to be ke�t and will cause the books and acc�unts to be audited annually by a recognized inde�endent certified public accountant and will made gener�ll;� available to thc holders oi any oi the certificates the bal�;nce s�.eet and the proiit and loss si;�tement as cer-�iiied b� such account�nt. The holders of an� of eaid cartificutes shall have et all reusonable tir�es the right to ins�ect �he utility praperties �nd the records, acc�unts•and data of the ci�y rel�ting thereto. Section 11. That �qhile the certiricates a uth�rized herein, �r a ny of them, reraain cutstandin� and unaaid zhe rates for a11 services and f�cilitiies rendered by said utility properties to s�id city and to its citizens and to �11 cansux,iers vaithin or r�tithout the bound�ries of said citg shall be reas�nable and just, t�kin� into acc�unt and considerati�n (1) -�he c�st and value of the �ropert:les and tihe c�st of main��ining ancl o�erating saIIe, �2) the �ro�er �nd necessary allo�yazices ior the depreciation thereof, and. (g) the �mounts required to be paid into the sinking fund far the interest as� and retirer,�ent o7 the certificates here�.n �utharized �r perraitte� to b� is�ued, �nd thexe �hall be charged and enforced ��:;inst G11 users of sai;d service� �+nd i'ucilities, i�iclading s�icl city, such rates and .an.aunts �s sha1� be ade��u�te to meet the requirer�ents of' t�iis ordinance. Section 12. That no taYes shzll ev3� be levi �d dnd r_� ru�neys shaL' ��er be t�,ken or diverted fr�r,� �ny �eneral cori3�rate funcls �z' -t�,e city for the st�ated �7urpose of paying tine �rrincip�l af or interast �n fhe re�cnue certif'icates issued hereunc�er, �ection �. That tYie �r�QisiS�.s of this ordinUnce shqll consta_�tu�e •u c�n�ract betc•,een s�id C1�3* and tihe holder or kolders of the certificate� hezein auth�ri,zed to be i�sued, ���d ai'zer i;he issuance �f any ci said cer-cifi- cstes nn ch�n�e �r alteration �f any of �he pr�visi�ns af t'riis �rdinance r��y be mUde uutii c,ll of the certi�icates have been �aid in i'ull �s t� both prinei_zal and zntarest or �unds sufzicient therefor shall have be�n duly provided �nd depositEd f�r that e�>clusive pur��ose a� the olaca �i' ,,,��yB,ent thereo�`. The pr�visi�ns of this o`r�iaance ci�y be enfa�ced by r;;and��tis �r injunctian �n beralf cf the h�lders of the certificates fram time t� tim- �utsL�uciin;, but there shall�be no liability �djudicated hereunder sgsinst the city as a vrh�le, nar ��ainst any general co_�r�or2te i'unds ar assets of the ci'ty, Section ll;. Th�t the periad of usefulness oi�the ita�r�vements, axtensions �nd betterments vahich &re to be canstrueted vaith the pr�ceeds of t:h.a c er�i�ic�tea Izerein authorized is her�by �o�d ta be not less than �hir�y-�iye,years. Secti�n 15. Th�t Ge�r�e'4'7. Smith, as attorney for the Citg of Clearvyeter, is hereby �rui�hori�ed and directed to take appropriate procee�ings in the Circuit �oux't oi' thc uixi�h J'udical Circuit �f Fl�rida, in bnd z �r `rinell�;s u�uttty, for the valide�i�n af s�;id cer�ificates, Uncl the I,Iay�r, City i�iGna�ei and Citiy �.uditor and Clerlt are authorized to sign any= doc�ents deened necessury in such �ro- ceedings. The certificr�tes he.rebST �uth�rized �hall be sold and delivered in such irianner and u�on suc11 �erms sa ma,y be �re�aribed Uy the City C�nunission. hll stuus reserved �,s �.cciued interes�G shall be �r�id in�;o the sinking i'und and r�ll other proceeds snall be e���ended on ordzr oi' the City ��m^tission aor the pur;��se for wliich s�aid c.ertificates bre herein authorized. Sec�;ion 16. Th�t if �ny sectian, p�ragraph, cl�use or provision of this o�ciinance sh�ll be held �t� ne inv�lad or unenforce�rble for any reason, the inv��.idity or uneni'orceabilit,y oi' such secti�n, p�ragrnph, clause or pravisi�n shall not efi'eci; Uny of tha remaining �>i�visions of �his or.dinance. ■ � ` ) , � i i- �Bb ; , � � ,�f ! �: : ■ ��� e Section 17. That by re�son of the urgent naerl for fu�ds to p,�y the cost o� t�.ese ir,iprove�ants, ext,ensians rand bettzrments, �s hexein pr�vzded, ��r the pxeservati�n oi'.the liealth, s��ety and �velfaz�e of the inhaUitants of said city, an emergeacy is hereby declared and tklis ordinanee shall be in ful). force aud efiect immediately u�o� its �:do.ption r�s provided by l�tv. hd�pted ti�.is 17 day o f Npvember , 191�7, Uy the Ci�,y Commission of the City of �,learweter, �l�rida. Mayo - ommissig l .. mm'aczm . . . . � . � � � .. � �lpproved� , 1947 City httorney STs�T� 0�' FLQi`22D1a ) � � � ) 5S. vOUN^lY 0�' �,?IiJ�LI,hS) ^1he undersigned, Ci�y huditor and �lerk of the City of Clear�rrater, in tse Coun�ty snd state uforesa`�3, does hereby cert�fy that the annexed and foregoing is a�Lrue snd correct capy of an ordinance duly adopted by the City Cor;��ission of the said city at a r �gular neeting held on tY�is day of , 19/�:7, and a true and correct copy of axcerpts from the m�nutes of suid meeting srowin�; the i ntroducti�n, consideration and adoption oi said oidin.�nce. Said ordinance is now in i'ull force attd efi'ect. ti'yITZTi,SS iay official signature and the corporate seal oi said City at Cleart;�ater, Fl.orida, this day of , 191�7. City rsuditor & C1erk �;��,I, ) 1� letter was re�d from kttorney �hillips asking that the City Cou�nission approve certain sub-leases cov�ring part of the bui,lding known as the Taekle • Shop on Clearvaater Beach, located an City property. It wUs s�oved by Conunissioner sohnson, se�onded bg Corni.nissi:oner V,iells that the matter be referred t� the City 1:lsnager in order that he might renegotiate with ll7r. Tromble,y the le�se covering the Tackle Shop �+1ith the view of gaining greater and more adequate revenue for the cit.y, The Comraission sitting as Trustees oi the L'�n�loyee's' Yension Fund hea:rd read a reco�.endaticn from the advisory cor�mittee that Leon B. 141i.ms, Lee 0, H�zskamp, Basil Newsome, Em::�ett Sullivun, Leon C. Sims and Ydm. Pat�erson be accepted into menbership in the tension �lan. It v�as rnoved by Commissioner V7ells, secanded by Commzssioner Johnson and unanimously earried that t he recommendation be approved. There being no �urther business to come before �he Board, the meei:ing was sdjourned. . '� Ma�o - omm.issio�a��� � :�. mm�.nc.m _ .. � . � . . . ' / . . . . i ' 1 � cz� cor�iasszorr �nrrQTLs November 17, 19t�'] City Commission, � City� of Clearwater, • Clearwater, I'lorida Atten�ion: bzr. �`rank Coole�, CitS• C12rk. Gentlemen: I am repre9enting Mr. J'. A, Rigdon, wh� at the present time if the orvner of a small building locatecl on a plot of �round a�vned by the City. The property is located on the pxqperty known to you as the Imperial Dock lease, and is, oP course, located on Clearwater Beach. The City leased a certain r�mount c�i Zand to the Imperial Dock, who in tuxn subleased � piece oi' ground 50 feet squere to Iv;r. Ed Watkins. This subleass was approved by the City Comtuission. As Mr. Vdatkins v�as not using the entire 50 feet he subleased � part of the land to Mr. Frank Farthing, who �perates �n outboard motor repsir service, bt still a later date b3r. Farthing subleased a ��all plot of ground to my cliant, Mr. Higdon, v��ho built a building thereon and operated a Donut Shop, IJeither oi' these last two inenti.aned Subleases have been appxoved og the �ity C'omcnission or the City Man�ger. Tn the mean time Is�Ix. �i�Jetkins has s�ld his interest to �ir. Tro�bley, and I un�erstend that this transfer has been appr�ved by the Commission also. I�fy clier_t desires -to h...ve the last tvao above m.entioned subleases approved b� the Commis�;ion in order that he might negotiate a sale of the property. He had a prospect i.nterested in, the proparty, but due -Go the condi.tians above stated lost the s�,le, and he does n�t de�ire to heve this happen again. I am asking that the 'Commission abprove the sublease from �dr. V1�tkin3 0� I�Tr. Tram3ley to �r� Farthing, snd tLe sublease fron ivir. Farthing to Pnr. Rigdon, Thankin� you f or any consideration given this mEitter, I am Very truly yours, Lloyd M. Phillips (Signed) LI,OYD �i. PHTI,LIPS LMY: fg �on. P�ayor and City Comaission At the called nieeting of the City Zoni�zg Board, Nov�mber 5, 1947, it was recommended that all r.-;sor�mendations of this Board and its predecessor members stand us originally recommended and be put to referendum vote of the freeholder,. (This includes this Boards last two recommendati�ns, one regarcling tl�e �dgewater Driue seGtion, and the �ther regardi.ng the southerly section o� Clearvaater Bsach. ) VJe also Lrake addit•ional recor�mendation that: (1) Thr�t Lot 30, B1uff View Subdivision be zoned �t-2 to conform t� the balance o� the land in this subdivision. (2) That both sides of Fort Harz�ison �venue, from the south City limits to S'teven.s�n's Creek and all, pro�erty an both sides of Cleveland Street from the Causewey to Gulf-to-Ha3r Boulevard, and properties along the prop�sed extension of Court Street east to its intexsection with Chastnut Street at T4iseouri Avenue and the ]_ots along esch side of Chestnut Street frcro said point east to Gulf-to-Bay Boulevard, be zoned to a width of 125 ieet on each side of st�id streets, Lone '�B'� {Businass." This is to be as an addition to the zones aret�ted and designated utYier aforesaid �oning Act, the chief ptzrpose hereof being to create a uniform widtY� for business zones along aforeseid atreets, it n�t being the intention of th'is Board to intarf2re with, or ohan�e an3* of the business zones no�v existing in tha business section , of Clearwatex or a long the streets herein menti oned, except as herein � s�ecii'ically pxovided t'or the ;�ur,��ose of establishin� unif�rm depth of "B�{ (Busines"s) z�ne. : i �3) We further recommend thr�t under ths Zoning �et the city eo�ission be given authoril;y to pass individually on eact� application for the class of �� building usually kno�vn or designated as '�I�otel or Tourist Courts", in the r same manner norv used for trailer parks, res�rving in saic� commission the right t to deny any permit for this class of cons�'ruction tha� in the opinion of the aommission �vould be a decided detriment to the neighboshood affected. } � _ � � �� � f< fi y`. � � � . � . . � . f � 6g=9 i4 ;:, . . . �. � . . � (4) VJe further recommend thet,the ci�y oommission be authorized to require that all construotion in �he business zones along Fort Harrison Avenus, Clev�laiid Street and Gulf-to-Bay Boulevard be of masonry constructian. �5) That appropriate legal stegs be taken so that the Czty Cnnuuission. may, as soon as possible, be in position to take f in�l action on zoning mat'ters, without necessity for referendum. Charles Y. Day, Chairman 0liver H, knderson, Sec'y Charles P. Day , , Oliver H, hnderson BY J. A. By J, �1. The undersigned `member of the Clearwater �oning Board recov�.r;ends to ths City Commission that the original Zoning Act and Ordinance #455 of the City of�Clearwater, approve� b,y a re�erendum of the freeholders and adopted in 19jy, remain in iorce �nd unchenged except in the following particulars: Tha� both s�des o� Fort Harrison Av�nue, irom the south city limits ' to Stevenson's Creek, and all propexty on'both sides of Cleveland Street from the Causeway to Gulf-to-Bay Boulevard, and properties alon� the � proposed extension of Gourt Street east to its intersection with Chestnut St�eet, and the lots along esch side oP Chestnut Strezt from said paint east to Guli-to-Bay Boulevard, be zoned to a�Nidth of 1?� feet on each side oP ssid streets, Zone "B" Business, snbject, however, to subdivision plat or deed restrie�cions on said prop.erty. This to be as an addition to the zones created and de.signr,ted under tha aforesaid Zoning Act, the chief purposz hereof being to create a uniform width for business zones along the aPoresaid streets, it not being the i ntention to interfere with, or change any of the busines, zones now e�.isting in the business sectioh of f,learwa�er or along the streets herein mentioned, except as herein specifically pTovided far the purpose of establishing uniform depth oP "B'� Business zone. I reconmend that no subdivisi�h or part of subdivision be zoned Nu�ber One unless same was� originally specificai.ly restricted to one Pa�ily d�elling per lot by the developsr. I further recommend that under the Zoning �ct the city commission be given: �uthority to pass individually o�. each application for the class of building usually kn��in �r designated as "I�Fotel or Tourist Courts", rpserving in said cornmission the right to deny any permit fo r thi9 class of construction tha� in the� opinion of the comrnissien vaould be a decided cletriment ta t�.e neighborhood af'fected. ' � czm� coz��a,zaszort rv�zrru�r�s November 17, 1947 �'ihereas a].1 lots in BluPf View Suodi4ision are zoned as R-2, except Zot 30, I recom:r�end that this ent ire Subdivision be zoned as R-2. I further recommend that the city commission require that all construci�ion in •the business zones along T'ort Harrison kvenue, Cleveland Street, and Gulf-to-Bay Boulevard be oF inauaury construction. I further reconwiend that the aity c�mmissian reserve unto itsel� the right to gr�+nti�permits f'or and re�ulate trailer parks vaithin the Gity limits of Clearwater. Herbert BTanton (Si�ned) Hanorable City Commissionexs Clearw�ter, i+la. , Gentlemens � ks Trustees of the City of Clearwater �raplogees° Fension Fund, you are hereby notiiied that the i'ollotiving empl.oyees of tLe City Yublic Service Depsrtment have been duly exarained by a locsl physician and are quali�'ied to become members of t�e Pension Ylan. Leon B. �Ti�J Eh�mett Sulliven � Zee 0: I�u�karap Leon C. Sims I3asil Newsome Z�yim. Patterson Q The above eutployees are blso eligiole•as t� age, length of aerviae with the City, etc. It is hereby recom.ruended by tihe Advisory Comrait-Gee that they be scce�ted into �ember�hip. Vary truly 3Tours, � � � r,DVIS0i3Y CO�H,�I1T�� of the City �aplayees' Pension Fund ' I�ee �ucbiullen (Si�ned) Lee Iv1c�;iullen, C,hairnzan Chas. �'. hioloney(Si�ned) Charles P, �'Ioloney Frank �bernethg (Si�ned) D,y: Detty Young Fx•ranit hUprnGthy Betty Hice '`�oung Secretary ° : Cib------------------------- , � - �.,�� ..�� �4�, . . . . . .. .: � , �..... � �.�,soztr�rzorr �',��5: it has beez� determined by the City Cammission o� the City of Clear�vater, Flor.•ida, �hat t}�o �p.roperty described below should be oleaned of weeds, grass and/or underUrush, and th�t after ten (10) days notice �nd f�ailure of the c�wner thereof to do so, the City should clean such property and charge the costs thereo� against the respective �ropertp. NOF7 T33E_REFOR.i BE I.�i ItF,�OLV� vy the City Comtnissi�n af the City of Clearv�ater, Flori�a, that the fmllowi� described property situate in said City, shall be cleaned of weeds, �rass and/or w underbrush within ten (10) days after notice in �n�riting with said notice, the City shall perform such cleaning and c!aarge the costa thereof against the respective properties in accordance with Section 12g oz the C�a�ter oi' the City o� C1esr�vater, r�s amended. Owner• �roperty: Eddie girella Estate Lot 12, Blk 5, , 2713 Morgan 5t. Clearv�ater Beach Park Tampa, Fla. ' Francisco Gonzolez Zot 9 ` Box ll�g9 Cleaxwater Heights � T�mpa, Fla. F. L. Skinner Lots 8-9-�10, Dlk 59 Dun edin, Fla . �ianda la y Charles R. Nlorris � Zot 11, Blk �9 96� Hig}itand kve. IVfandalay Dunedin, Fla. �lisabeth Hanna ' N. 2 of Lot 2, Blk �g c/o $2rs. Elizabeth krmstrong I��fandalsy 80Fi �re�v St, , City Joseph C. Christ Lot 3, Blk 5g, 1006 Carace�s St, r�7andalay Tampa, Fla. Sheldon B. �flells Lot 5, Blk 58, l�90 �dandalay Mandalay City . Esselstyn Inv. Co. Zot 13, BlY 59 Dunedin, �'1a. Mandalay Zora J'. Holsomback Lot 1& E. 4U' of Zot 2, 1009 �ones St. Blk F, Plaza Park City Lyle D. Kline V'I. 100' o� Lot 2, B1k F, ' 606 Cedar St. Plazr� Park City S. 12ussel BoV�en Zot 8, Blk F, 1b05 Sunset hve. Plaza yark City Edward A. Colonna Lot 1, Blk 58, �pt . 4-B RZ� nda la y 3921 Elbert i�ue., 2laxandria, Va. �wner: Propertys Blanche K. Calonna S, z'of Lot 2, B1k 5$, f�,pt. �:-B Msndalay 3y21 Elbert kve., Alexandria, Va. Metto L. �lTatwood Lot 8, Blk 59 507 N. osceola Ave. �iandalay City V�Ielton R, Kinney N. 50' of zot 9, ,Blk F, Piallbrook Fars Ylaza Park Rush, �enn. Isaac V. Delson Lot $, Blk 2li., 512 Franklin St� blandalay City Hazel L''. Bull I,ot 10, Blk 2�., Dunedin, Fla. IViarrlalay J. �. G'Jalker, Jr. ?�ot 6, Blk 4, 276�0 E1ba Rd. Country Glub l�dd. � Grosse Isles, ivIich. FxSSED �_T�ID hDGPTED bv the City Cormnission of the City of Clearwater, Florida, this 1`7 day of Nov ,.&. D. 1947. , � Msy r-'o�is i� � xTT� �/11 . % i 6 �3 � • ' - _ '. l � � . . • • , ,.,:� � � � � � � ��, �19� cz� cor�r�s�Lo�r �,�aiNl�;s - lo �E czm� couivezz oF cL��raAT.�x, F�>. Vde the under�igned; proper�y owners in the �ine br�ok sub division oi' Clearwater Florida reque�t that the C,ity Couneil nf�Clearwater Yavarably consider and aat upon the subject of street lightin$ in tLe above mentioned subdivision. It ia suggested by Chief oP the fire Department �:1r. Treola that this location could be lighted by nine lights a°t the present time. Signed� Si.�ned• P,�r 8c Mrs. G. �E. Cooper L�. B. �'ielding PJIr 8� �rs. V�. ll, Ovaens Col 8c lY,rs H. S. 'v"a'oolley Nlr. &�rs. �lbert P. �ogers . �.4r & rdrs T�. H. �arnell I�rir 8c• Mrs. GT. VJ. Short ivir & Mrs Q. Til. L4cCarroll NLr. Sc Mrs, G. �. Durd . Mrs M, A., rac,kering Y�rs.. J'ohn Hohl , T. k. �c Kee Dr. � Mrs, itaymond Cen�er George H. Barry Dr. and l�irs 84. Crego Smith Dr. �c N�rs T�ob ert IvI. V�To1Pf Mr, & lvirs x. B, blcDermon D�r & Ivix� D. E. Brand Nir. & IoTrs �. 'dr. Sasser Dr. & 14�rs � as �, i�ichols Dr. & bIra VJm. I. Deus Clayton N, Stratton y7r 8c l�7rs. I�'. L. Ki'rkland, J`r. Mr 8c I�ixs Theo J�. �otz Mr & Mrs Jas. 8helton „ 1��;: I�lirs �'. S, Schaack 1�1r �c IvIrs �3. R. 1;lolfe Nir 8c N1rs Hyrles Posey � II2r. B. A, Bennett City NTanager & �ngineer City Hall Clearv�ater, Florida Dear Mr. Bennett: T am sending herewith 1 copy of my report coverin� our ins�ecti�n of the C1ear�yater Harbor Bridge vaith an estima-Ge for repairs of all parts discussed ivith you. Under sep�rate cover the plans for this bridge are being returned to �ou. . Yaurs truly, cJ. �,. Dean (Signed) SV. �. Dean Kssistant Bridge �,ngineer ti��b: Zx . enc. COII�ITIUIJ _[.:�?Oi2T FUi2 Bii2DGi4 OV�''Lf2 CT, ;llR�'J1iTt� tlhi3BOR � - (INTRr.CO. ST�.L �Jr.T4'4"Ii=�Y) 1:T CL'.�c�R's'driT:� Tt�: ` ➢7r. F. y. Bayless ' FROI�: I�r. �t1. L. Dean G �u1VuR.r�L : , . ks instructed b5�• pou I contacted I�2r. B, t�,. Bennett•, City 11;�an�ger of Glear-�tater, on Friday', xugust 29, and i.n company with hi.m made an investigation of the r�bove ceptioned struc�ure. , The bridge is 1000 ieet in length and carries � 2�. ft, ro�d,wa�t end 2- 5 f�. side�valks, In con�t�uction it consists oi t�vo similar approach sections, each coizsisting of 9 eoncrete span$rel filled I,uten �rches �vith clear sp�ns �f 46 t� !F� feet and an electric�lly operated, deck nlat:e girder, Scherzer rolling lift, double leaf bascule providing a clear channel for r�avigation o�' 4.8 feet vlidth. This bridge vaas built in 1�26. � CONCFt�T� DiCKS: The most obvi�us de�'ect at present is irre�ular aettlemsnt of tne concr�te p�vi.n� slabs coverin�; the spsndrel �ills. �`hese �'ills v�arp in elepth fra� ap,prpximately l foot over the cro�wn to ap�r�xirnately � iest over �upports. � �9s Differential se:ttlement of these fills ktava caus6d 6 paving slabs each 12' x 35� in area to settle and cracic, Ftemoval of these slab$, removAl of �ny soft or undesirable fill mraterir�l, baok fill.ing vaitli �ood m�terial �and re- placing of the paving slabs is recommended as proper correci;ioil fox these areas. The spandrels hove no provision for drainage and softening o�' tiie fill material hy trapped yaat�r is the conjectured reason for vol�wie changes in the present fills. For this reason it is suggested that hard coarse material such as crushed Brooksville Itock that wi11 not be sub�ect to volume change �vit'h saturation would be more appropriate for �he backfill than ordinary earth or local sand, A r�ugh estimate of tlie cost of xeplacin� one slata would be as follows: Removal 47 sq, yd. c,ancrete pavin� �2.50 , �117.50 Remcval 25 cu, yd., e.xisting fill v 1.00 , ?5,00 �_ Replacement 25 cu, yd.� ro,ck fi �]. � 7.00 . „ , 175.00 Replacement 47 sq. yd, 6« .conc, pav.�lr.,50 211..50 For 1 slab replacement 529.00 For 6 �r n �37-74 Say. 3200 . , kRCH RINGSa The under sides of all arch rings vaere� inva�tige'ted �and i�n general are considered structurally soun.d. However, all arch spans�are showing the beginning of V�hat tvill shortly be serious disintegratian du•e to heavy co�rosion of the reinPorcing bars in many areas where the steel has insuffi- cient soverage. Concrets in -�he asch rings and in the side�,valg bracicets is being broken out along the lines of these corroding bars. In order to cheek this disintegratian all exposed bars should be cleaned vaith lights pneumatic chi�ping hammers, all spalled or Ioose cancr�te removed, the bars exposed Ltntil good steel is encountered and a11 affected aress coverad with Gunite or - as suggested by b:r. Bennett - a heavvi ceating of hot asphalt. Such treatment will nc�t c;,_�inir,ate further deterioration of the concrete but will be a defin�te retardaiit; to damege. �;t present it is riot 'corisidered that the structuxal strength of the arches has b een seriously impairad; however, imme�iate corractive measures are necessary ii serio�zs impairment is �o be avoided. It is ta be emphasized that when t hess c�rrecti�ns ax•e completed their continued value will depend on regular inspections and correction of further depreciation as soon r,s ii: is n�ticed. With the �above progr�m oi' correction and regular i�spect;i�ns there is no reason to believe �hat the structure will not give a useful service life o� 20 or more year�. It is ir�possible to estimate the exact amount of work involved in the above corrections but it is suggested that an amount o� $p500 for each of the 1$ spans or �9,000 total shnuld be sufPicient. . BASGUL':� SPHN: ` The b�sc�.�le has tieen recently clean'ed and painted and he�vily corroded steel parts remr�ved and replzced by w�lding in new sections. The steel framing at presen�G is i� fairly good. shape oxcept for the machinery,supports and garts in the viciniiy of the roller tracks. There is much h�•:3vy corrosion on these parts vahieh should be removed and. �he surfaces coated with a rust ' inhibitive coa�in�. Hot asphalt - as suggested i'ar the corroded bars in the arches is sug�ested. The timber d<;ekin� on the bescule roadway a�.d sidew�lka is largely s�ongy and ro+�ten, rec�uiring early re�lacement. It Was N�r. Bennet�'s desire'ta replace these with an �open grid steel deckin� and cheekered plete side�+rallts. Co�t oi' the prqpesed t�ascule re�airs would approxi.mai;e: Cleaning and painting allos.v �5t�0. '1670 sq. �t, bridge decking C4o00 6680. 1�6� sg.,ft. sidewalk d�cking @ 3.00 1380, Hemove existin� decking a11ow , 00. �;060". IiE1NDI��IL c x1.1 of t�ie ��ncrete approaches carry a heavy ornan�ental ec�ncrete handrail wh�eh i�s showin� di3integra�i�n varying from su�erfici�l i;o heavy damage. This hendr�,il in no way aYfects the s�ructural stability oE' the bridge and no i�mediate replacement is required. Such xeplacements as �re n�cessary maf Y�'e p ut in as requireci an a per.iodia be�sis. � St3MMEiitY: ' An over�ll est.imate for the entire program of repeirs 9uggested i?x thia rerort is as f ollowa: ■ CITY C OMPJQSSION MINUTES Nov�n.ber 17, 1�1�'] (Conti�nuedl Replace dePect�ve deck s].abs �p3200. Repair and prote�;t exposed steel bars in tY�e arch spans g000, Regairs to basc:ale 9D60.' Total �212b0.. Suggested amount to budge't in.cluding supervision and contingencies �2I�000. ' VJ. E. Dean (,Signed) <«. E. D�TIq � kssistant Bridge Engineer � Sept. 3, 1947 ec: Mr. DeGarmo b2r. Bennett 0 Nir. Boyd k. Bennett, City. Manager Ci�ty of Clearv�ater Clear�vater, Florida Dear Mr. Bennett: knswerino your letter of'September 15th, the Road Boerd at zts meeting here on September 6th agreed to stand one-ha1Y the cost of repairs to the Clearwa�er Bricige based on our Bridge �ngineer's report not to eaceed the sum of �12 000.00 prov�ided that Yinellas County would pay the other one-half. I see no reason why this offer should not be sxtended to the City of Gleqrvlater. Certainly 'che Department, befpre psoceeding, would want whichever agencg v�hich �ntends to participate to have the money on hand. Sincexely, F� E. Ba3�less(Signed) F. Elgin Bayless Cha ircian FEB : h1f Iuir. F, Elgin Bayless, Chairman State Road 'Dep�rtment of Florida Tallahassee, Florida Dear Mr, Baqless: Vle are in receipt of a report, dated September 3, from your �ridge Engineer, Nlr. V�l. E. Dean, following his inspection of the draw bridge on the Causevaay at Glearvaater. V'le ir,deed a�preciate the time and effort spent by Ntr. De�n and your interests in having him make,�he inspection and report. It is regretted that #:he City does not have any money wit� which to do this work. It is hoped, ho�vever, that in the future i�L mey be possible to allocrate some of the City�s income i'or this purpose. tiVe are wondering whether or not the State Road Department eould have this work done and the City share in its cost sometime in the future when we can arrange for funds. Anything yott may be able 'to do in the City's behalf and any suggestions you ma,y haue relative to this matter �vould indeed be appreciated. Cordis lly yours � Boyd H. Bennett City Manager &�B: hs ccc Courtney Gempbell s ! ,..�,�� ''•., � _ �I 69� ■ , . � �•Pb� . . Nlr. F. Elgin Bayless, Chairmen . Sta�e Hoad De�artment o� Florida Tallahassee, Floride , Dear Mr. BaylE'ss: ' A't a meetYng of the City Coaunission held NoveniUer 17q the Cammission accepted your off�r of September lg to gay half tho cost e�timated at �24,000 of the xepairs to the eest drawbra,dge on the Clearwater Causeway, ancl instructed th.e City ManagEr to work out . the neaessary details regarding the work and the financing of same. Very truly y�urs, " Boyd P_. BennEtt � � City Maneger BkB: hs . y.. _ _ _ . ' � . i, � � - { � � 1