06/27/1949
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CITY COMMISSION MEETING
June 27. 1949
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The City Commission of ttle city of Clearwater met in speoial session the
evening of June 27, 1949 at 7:30 P.M. in the city Hall with the to1lowing man-
bers present:
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Harry D. Sargeant
E. B. Casler, Jr.
Herbert M. Brown
tela nd F. Drew
Guy L. Kennedy
Absent - None
Also pr e sent:
Mayor Commissioner
- Commissioner
Commissioner
- Commissioner
Commissioner
Boyd A. Bennett City Manager
Geo~ge MoClamma - Chief of Police
Ben Krentzman - City Attorney
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The meeting havi~ been called to order, Mr. Douglas, Co~nty Distributor
for the'Eli witt Cigar Co. addressed the Commission relative to the proposed
Ordinance levying a tax on cigarettes, clgars and tobacco products. He said
that enfer oiog such an Ordinano e W'lS not difficult so far as cigarettes alone
were concerned as each }B.ckage w~s stamped but that cigars and other tabacco
products would present a more difficult problem. He said turther that the tax
on cigars and tobacco pxoducts had not produced a great deal of revenue and that
customers were more 1nc lined to buy these items outside the City than they were
to buy cigarettes. He estimated that a tax on cigarettes would produce $40,000
annually. Commissioner Casler moved that the Ordinance be amended by deleting
~eterence to cigars aDd tobacco pxoducts. Commissioner Kennedy seconded 'the
motion and it carried. Voting "aye" Mayor Sargeant and Commissioners Brown,
Casler, Drew and Kennedy. Voting" no" none. Commissioner Casler moved that
the Ol'dinance, as am em ed, be passed on the second reading by title only. Com-
m1ssioner Kennedy seconded the motion and it carried. Voting "aye" M~yor Sargeant
and Commissioners Brown, Caser, Drew and Kennedy. Voting "no" none.
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The City Clerk read a letter from. Stanley C. Minshall, Mayor-Elect ot st.
Petersburg inviting the Mayor, other city officials and all oitizens of Clearwater
to attend the "Spans Across the Bay" celebration in st. Petersburg, July 1st to
4th. On a motion by Commissioner Brown, seoonded by Commissioner Drew and carried,
the letter was to be acknowledged and Mr. Minshall advised that all of the com-
missioners would t~y and attend the celebration.
Mr. A. N. smith appeared before the Commission in oonnection with his request
that the City repair and maintain the driveway shown on plats as spring Court.
Mr. Smith stated that the City had lIBde repairs to this driveway in the !Bst and
that the City was furnishing street lights at this time. He said he would be glad
to canvas property CMneIS on both sides of the street regarding their wishes. Com-
m1ssioner Casler moved that the Mayor appoint a Committee to study the matter and
make a final reoommenda tion at the next meeting of the Commission. The motion was
seconded by Commissioner Brown and carried unanimously. Mayor Sargeant appointed
Commissioner Drew and Brown on the Committee.
In discussing the BUdget for the riscal year 1949-1950, Mr. Louis Simon
suggested that the Comnission keep the budget at the same figure as the 1948-1949
blldf.5et. Mr. A. N. Sm.ith said thr t employment was decreasing and the City should
not increase the budget at this time. Mr. Ralph W. Carson and Mr. W. S. Shannon
suggested an increase in the amount allocated for publicity purposes. Mr. Jaak
Eckhart was of the opinion that the Commission should increase the allocation for
charity pllrposes~ Mr. Ralph Richards was assured by members of the Commission that
$1,250.00 for the pur chase of land for a colored park and swimming pool would be
provided, 'When required. Commissioner Bro~n moved that the Commission approve the
budget as presented. Commissioner Drew seconded the motion and it carried by the
unanimous vote of the Commission.
Cit3 Manager Bennett presented a request from Charles O. Koenig, througn his
attorney iu'thur W. Jordan, Jr. that he be penuit ted to erect a Motel sign on the
stDeet Right of Way in tront of lots 1, 2 & 3, Blk A, Breeze Hill SUbdivision
together with the zoning Boards r ecomn::endation of approval. city Attorney Krentz-
man stated that subsection 3 of Section XII of the city Charter prOhibits the
erection of billboards. signs, etc. in Districts zoned as "Public". On a motion
by Commissioner Casler seconded by Commissioner Kennedy and unanimously oarried
~e matter ~as post-poned until the legal status ot the question oan be determined.
Mr. W. S. Shannon, President ot the Clearwater Board ot Realtors, Mr. Ralph
W. Carson and Mr. R. M. Morrison requested that that section of the zoning Ordinanoe
prohibit ing signs be enforced, particularly as to real estate "for sale" and "for
rent" siens. Mr. H. M. Blanton said he did not believe the law intended to prohibi t
an owner, or his agent, from placing "for sale" signs on ~ivate property. Com-
missioner Casler moved tha t the Oi ty Attorney be instructed to ask tor a declaratory
decree on Section XII of the Zoning Ordinance. The mot ion was seconded by Commissi oner
Bro\'Jn and carried unanimously.
Capt. Tom Devlin appeared before the Commission and requested that the City lease
to him a 15 or 20 ft strip of land at the west end of the Clearwater Yacht Club basin
stating tb.a t he 'Wo u1d erect his Olin building along the same lines and arohiteoture
as the P1'esen t buildi llg on the adjoining property and the same size if requlr ed to do
so. He proposed to pay a rental of $25.00 monthly for tive years. By consent, action
on Hr. Deytin's request was deterred for turther stUdy.
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CITY COMMISSION MEETING
June 27, 1949
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In conneotion with Mr. C. W. Trombley's request that the city renew his
lease on City owned beaoh property, Mr. Casler reported that the committee
on Beaoh leases reoommended that leases on those buildings not adjacent to
the water front be continued on a month to month basis. On a motion by Com-
missioner Casler seoonded by Commissioner Drew and unanimously carried, the
.l'eport of the Committee was adopted.
The reque st made by \'!olfe, Wightman and Row e that Dr. M. Crego 8mi th
be granted a permit to erect an offioe bui1ding on Jeffords st. Lmmediately
~est ot Morton Plant Hospital, was presented to the Commission together with
the Zoning Board t s recommendation tha t the request be denied. COmIlIlssioner
Drew moved tba t the report at the zoning Board be aooepted. The motion 'W~8
seconded by Commissioner K~nnedy and oarried unanimously. Commissioner Drew
moved that the zoning Board be sustained and the party notitied. The motion
~as seconded by Commissioner Kennedy and oarried unanimously.
A request by Vincent R. Dixon, that he be permitted to erect a filling
station on lots 1-4 inclusiv9. Block A, Suburb Beautifu~ was presented to
the Commission with the Zoning Board's recommendation that the request be
granted. During discuss1on. it was tound that while the property on the
opposite side of the street was zoned for business, the jBrticular lots in-
volved were shown on the Zoning Maps as being zoned R2. On a motion by Com-
missioner Kennedy, seconded by Commissioner Casler and unanimvusly carried
the request was referred back to the Building Inspector and the Zoning Board
tor further study am clarifioation.
City Manager presented th~ request of Walter M. Jenman that .be be per-
mitted to erect a stor e buildiL\g and smoke house at 60) "Jeffords st. (Lot 7,
Blk 5, Milton ,tJark Subdivisi on) with the recommendation by the Zoning Board
th8t the re~uest be granted. Commissioner Casler moved that Mr. Jenman's
request be granted. COIDffiissioner Drew seconded the motion and it oarried
unanimously.
City Attorney Krentzman presented a contract with the Thomas H. Black
Real ty Co. Inc. regarding installation of v.ater mains in Druid Heights Sub-
division and the Right of -:ray for proposed Chesnut st. City Manager call Ed
attention to the fact that the agreement would require an expenditure of
$1000.00 over the amount to be contributed by the Black Realty co. and that
Chesnut st. it paved for the 100 ft Right of Way would require a more expensi~e
type of paving than that provided for in the contract. Commissioner Casler
moved that the proper city officials be instructed to execute the contract.
Tbe moti on was secomed by Commissioner Drew and carri ed unanimously.
A request by W. W. Salzer, Manager of Tampa District, Shell 011 Co. that
Zoning of Lot 2, O. Harrington SUbdivision be changed from R2 to Business Zoning,
with the Zoning Boards recommendation that the request be denied. was presented
to the Commission. On a motion by Commissioner Drew, seconded by Commissioner
Kennedy and unanimously carried, the action of the zoning Board was sustained.
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A request trom Walker Bradtord that a 15 ft. setback instead of a 20 ft.
setback be allaNed, on pro perty at southwest corner ot Cedar street and North
Osceola Ave., together with the Zoning Boards recommendation that the request
be granted was presented to the Commission. Commissioner Drew moved that the
matter be referred to the City Attorney to advertise for a public hearing. Com-
missioner Brown seconded the motion and it carried unanimously.
City Attorney Krentzman presented a Resolution setting torth the method of
refundinp, the 5% utility tax rulod ao ll1~gtll as reoommended by the utility Tax
Refunding Committee. On a motion by Commissioner Brown, seconded by Commissioner
Casler and unanimously carried, the resolution was adopted.
The City M~nager presented a request by Mrs. J. W. Hines that she be permitted
to move an 8 x 8 building across the Causeway. On a motion by Comm1ssionerDrew,
seconded by Commissioner Casler ond unanimously carried, the City Manager was
authoriz ed to Bsue a permit, sub je ct to the usua 1 regula tions.
Commissioner Kennedy presented a plat of the proposed Roberson Subdivision of
Block H. Hillcrest #2. By consent, the plat was referred to the Engineering Depart-
ment for checking and to see that the regulations in the ~revious plat were ,preserved.
On a motion by Commissioner Casler, seconded by Commissioner Brown and unani-
mously carried Franois C. Middleton was appointed as Aoting City Manager during the
absence of city Manager Bennett.
The various pipers, letters, resoluticns and etc. mentioneu in these minl1tes
are set out below and are hereby made a part thereof.
June 24, 194.9
Mayor-Commissioner Harry D. Sargeant
Commissi one r s:
G. L. Kennedy
E. B. Casler, Jr.
Leland F. Drew
Herbert M. Brawn
Gen t lemeb :
A speoial meeting ot the Oommission will be held Monday eveniDg,
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June 23, 1949
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OITY COMMISSION MEETING
, June 27, 1949
June 21, 1949, in the city Hall at 7:30 P.M for tbe p~pose at oon-
duoting the following business:
1. Public hearing on the 1949-1950 Budge~.
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2. Second reading ot the Ordimnce levying an Oooupational
License Tax upon sellers ot tobacco produo~s. Represen-
tatives of Eli Witt Tobaoco Company to be heard.
3. Consideration of Mr. smith's request for the improvement
ot Spring Court.
4. Consideration ot the proposals taken tor auditing ot tbe Oity
books.
5. Zoning Board's report on the request ot Dr. Smith to ereot an
office on Jeffords street, West of Morten ~lant Hosp.
6. Report trom the Zoning Board on the request ot Mr. Vincent
Dixon to erect a filling station on Lots 1, 2, 3, & 4 Block
A, Suburb Beautitul Subdivision, whioh lots, ,are on the oorner
ot Florida Avenue and Gulf to Bay Blvd.
7. Report from the Zoning Board on the requeo~ ot Shell Oil Co.
request for the re-zoning of Lot 2 in O'Harring~on Subdivision.
8. Report of Zoning Board on the request of Walter W. Jenman to
erect a store building and smoke house on Lot 7, Block 5,
wilton Park Subdivision, 60) Jeffords St.
9. Zoning Board's report on tbe request of Mr. Bradford tor a 15'
oet-back instead of 20' on the p~perty line on the Southwest
corner of Cedar and North Osceola.
10. Report of Zoning Board on the request ot Charles o. Koenig to
ereot a Motel sign on City property in tront of Lots 1, 2, & 3
Block A, Breeze Hill Subdivision on Chestnut street.
11. Consideration of signs.
12. Report from Committee on plan for the refwnd of 5~ utility
Tax.
13. Report of Committee on leases of City Property on Causeway.
14. APpointment of Acting City Manager in the absence of the City
Manager.
(signed)
Your s very truly,
Boyd A. Bennett
Boyd A. Bennett
City Manager
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To: Mr. Bennet~
From O. H. Anderson, sec'y Zoning Board
SUbject Vincent R. Dixon, Filling Station
At the regular meeting of the Zoning Board held on Tuesday even-
ing, June 21st ~949, the Board recommends that the request of Vin-
cent R. Dixon to ereot a filling station on Lots 1,2,3 and 4, Block
A, Suburb Beautiful be granted due to the faat that tbe original
plat shows that these lots are zoned for business and the Building
Inspector be al~awed to issue a building permit accordingly.
Attaaned herewith 1s Mr. Vincent R. Dixon's request and sketoh and
pl~ of the building he plans to erect.
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CITY COMMISSION MEETlm
lune 27. ~949
lune 20. 1949
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Dear Sir:,
I am applying tor a speoial permit to ereot a servioe
station on the corner ot Florida Ave. and Gult-to-Bay Blvd, on
Lots 1, 2, ), & 4, Block A ot Sub~b Beautiful.
Enclosed you will find the layout of my plans. I am
open to any sllggestions you lll8'y make to meet your approval.
Thanking you tor your kindest attention.
Vinoent R. Dixon
706 Phoenix Ave.
Clearwater, Fla.
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June 26, 194.9
City Commissioners
City of Clearwater
Gen t lemen :
I desire per~ssion to move a small frame building 8 x 8 ft. square
from its present location at the rear ot 442 Mandalay Road, Clearwater
Beaoh to 1ts new location at tae rearot 1)10 S. Wasaington Ave. Clear-
water, Florida. I ~ou1d appreciate it at your meeting June 27th 19~9.
Mrs. J. W. Hines
1310 S. Wasnington Ave.
Clearwater, Fla.
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lune 23, 1949
'1'0: Mr. Bennett
From: O. H. Anderson secty Zoning Board
SUbject: Doctor's office - Jeffords street
At tne regular meeting of the Zoning Board held on Tuesday evening, Jwne
21st 1949 the Board recanmends tnat the request for a doctors otfice on
JeffordsStreet be denied due to the fact that this area is zoned tor resi-
dential and in the vicinity of some ot Clear~aters best nomes.
While the Board feels that a prOfessional office ~lthin itself may not be
Objectional in thLs area it would be an opening wedge for other busIness to
follow, thereby creating an island for business or 8 new business section
within a zoned resident ial area.
Attached herewith is a letter of explanation from Attorney Vi. S. Wigb.tman and
letter from ~. Wightman to Mr. John F. Rossman.
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June 3, 1949
City of Clearwater
Zoning Board
Clearwater, Fla.
Attention: Mr. W. E. Crown, Jr.
Gent lemen:
Mrs. Mary s. Boardman. owner of tae follow lag described
pro p erty :
Beg at NE cor at Gov lot 1, see 21, thn S 36) ft, w
912 ft. to high "ater mark at Clear~ater Bay, for POB,'
thn W 850 it to E edge of channel in Clearwater Bay, ~n
R 38 deg 12' E 650 ft & 30 ft S of NE cor ot Gov Lot 1.
th SW'1,. along bigh water mark ot Clearwater Bay to. POB,
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WOLFE t WIGHTMAN Be ROWE
By: W. S. Wightman (si~ed)
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aITY COMMISSION MEETING
June 21, 1949
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is anxious to sell the East fifty (E 50) feet ot this property to
Dr. M. Crego Smith for the purpose of loceting his offioe thereon.
Tbis tract of land i8 ~ocated just West of Morton Plant
Hospital, facing Jeffords street. The property on the North side
ot Jeffords is owned by Commander Edward H. Smith, who owns a strip
running approximately 150 feet East from the oorner of Druid Road
along Jeffords; Mr. John F. Rossman, who owns a strip of approxi-
mately 170 feet trol~ing on Jeffords Just East of Commander Smith's
property; and Mortan Plant Hospital, which has the next plat East
of Rossm.an's, on which is located tile Nurses Home.
We have contacted Commander Smith and Mr. Rossman and both
state they have no obJeotion to re-zoning the fifty (50) teet strip
so as to permit Dr. smith to build his offioe olose to the hospital.
This property is under R 2 restriction at the present time.
Mrs. Boardman would like to bave your favorable Oonsideration and
aotion for re-zoning the East fitty (E 50) feet of her property so
as to allow Dr. Smith to build his offioe and thus enable her to '
sell that portion of her propert3.
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'NOLFE t \-11 Grrn~AN & ROTlTE
BJ' W. S. Wightman (sienedL
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PS We are enclosing the original of our letter to Mr. Rossman on
which he hps indicated his approval of this re-zoning.
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May 23, 1949
Mr. John F. Rossman
3551 N.W. 36tn st.
Miami, Florida
Dear Mr. Rossman:
We represent Dr. M. Crego Smith, a praoticing physician
in this city for the past five years. Dr. Smith wishes to build
his office just ~est of the Morton Plant Hospital on a pieoe of
property fronting fifty (50) feet on Jeffords. This property Is
two hundred fifty (250) teet deep and is the first fifty (50) feet
just ",est of Morton Plant Hospital.
Before any steps are taken in this connection, we, of
course, wanted to contact all of the local propertyo'Wners and we
understand you have approxlmate1y one bundred sixty-eight (168)
foot frontage on Jeffords Street just east of Commander smith's
home. A portion of your property would be opposite the fifty (50)
foot strip on which Dr. Smith w1snes to establish his office." We
bave discussed this matter with Commander smith and he ~tates he
bas abSOlutely no objection to Dr. smith establishing an offioe
on this property.
We would appreciate your favorable consideration of
this matter as it would greatly facilitate the services Dr. Smith
could render due to the fact he would be just adjaoent to the hospital.
Kindly let us hear f~om you at your earliest convenience
1n this connection.
In reference to above, I will gladly give my consent.
John F. Rossueau (signed)
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CITY COMMISSION MEETING
June 27. 1949
June 22, 1949
To: Mr. Bennett
From: O. H. Anderson, Seoty Zoning Board
Subjeot: REQUEST OF CHARLES O. KOENIG
At the regular meeting of the Zoning Board held on Tuesday
evening, June 21, 1949 the Board ruled in favor of grant ing
the request of Mr. Charles o. Koenig to ereot a motel sign on
oity property in front of Lots 1, 2, 3, Blook A, Breeze Hill
Subdivision, eight feet from curb line on Chestnut st. with
the understand ing that th is sign will be removed from oity
property within seven days atter notice from the City ot Clear-
water to do so.
Attached hereVvith .1.s a copy of Mr. Koenig's request (by Arthur
W. Jordan, Jr. Attorney) togetl1er with a plat and layout of ''his
property showing looation of ~oposed sign.
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June 21, 1949
The City Commission
Via The City Zoning Board
city Hall
Clearwater, Florida
Gei:1tlemeJ!l. :
Mr. Charles O. Koenig recently purohased Lots 1,2
and 3 of Breeze Hill Subdivision for the erection of a motel
and an additional structure to be oooupied as their private
home by himself and family. These lots are bounded by Highland
Avenue and Chesnut street.
The motel, which is nearing completion, will front
on Chesnut Street. There are two sketches hereto attaohed.
One is taken direotly from the oity plat to show the exact
street arrangement. The other, on yellow paper, is a free-
hand sketch offered to more clearly depict the situation and
the problem oont ronting Mr. Koenig.
It will be noted trom the plat sketch that Chesnut
Street appears to be of the same paved width as Gulf-to-aay
Boulevard. Such, however. is not the case. Chesnut street
is actually narrower and the curb line extends out further
than the plat indioates. But the city reserves the land
from a line in the center of Chesnut Street south a distance of
fifty (50) feet for the purpose of widening Chesnut Street
if and v~en suoh a projeot should become feasible. The
actual cur b line is shown on the ye llow sk etch and the Oi ty t S
property line thereon indicated by the east-west dotted line.
Also shown on the yellow sketch are three different
olusters of trees. Mr. Koenig desires to erect a neon sign
four feet by eight feet in size to properly advertise his
motel both. from the direction of Clearwater and Tampa. He
now finds that if the sign is erected on any convenient.spot
on his own property, an extended view from both direotions will
be obliterated in large part by the tree clusters. He the refore
requests permissionof the aut hor i tie s to erect his sign on the
city property between the two driveways and approximately eight
feet baok from and so uth of the Chesnut street south curb line,
all at which. is indioated on th e yellCM sketch. It may be here
noted that authority has previously been granted Mr. Koenig to
run the north-south driveways approaching the motel across the
oity's strip of land. Whatever reservations were attacbed to that
permission w ill be acoeptable in the desired permission to now erect
the advertis in g sign at the point indioated on the yellow sketch.
A draYJing of the proposed sign show ing its design and
co lor wi 11 be dis played upon r e qu es t .
True ting the. t the zoning board and c omm1ss ion will
see tit to approve this matter, I am
Respectfully yours,
(sigaecl)
Arthur W. Jordan, Jr.
Attorney tor Charles
O. Koenig
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crrr COJ8IIBSION MEE'l'Im
June 27. ~949
lune 22. 1949
To: Mr. Bennett
From: O. H. Anderson, Beo'y Zoning Board
SUbjeot: Request ot Welter W. 1enman
At the regular meeting ot tile Zoning Board held Tuesday
evening June 21, 1949 the Boerd rule d. in favor of gran tinS
the request of Walter VI. 1en.man to ereot a store building
and smoke hous e on Lot 7. Block 5, tAilton Park Sllbdi vlsion
(603 1effords st.) this area being ~oned for manufacturlns.
Attached herewith is~. Jenman's request also a sketch and
plan ot the building be plans to ereot.
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June 7, 1949
Zoning Board Commission
City Hall, Clea~ater, Fla.
Attent ion Mr. O. Anderson
Gen tl e.aen :
I wish to submit the attached sketch of building
and smoke house and permission thereof to place same at the
corner or Jeftord and Hamlet streets running parallel with
the Atlantic Coast Line Railroad tracks. The said purpose
of building would be for the snoking and selling of fish.
All sea foods ~ould be cleaned ani offal removed outside
of ci't:\v 11mi ts and Vt'ou1d be brought in ready tor smoting.
Sanitation rules and health codes 'Wollld be cal'ried out as
pe r ins truc ti on s of Beal tb Boa rd.
I have been living in Clearwater the past tour
years and own my bome located at 804 Jeffords the past two
years. As my health will not permit me to do heavy work.
I seek this vooation as a livelihood. thereby not only sus-
taining my fanily, but in having a place of businesswhereby
not only myself but the City of Clearwater will pro~it thereof.
Trus ting YOll will act ftlvorably on tb.is application I am,
Respectfully yours,.,
Walter \"l. .Tenman
80~ Jeffords st.
City
(signed)
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June 22, 194.9
To:
Mr. Bennett:
From: O. H., Anderson, See'y Zoning Board
SUbjeot: Shell Oil Co. - Request
At tb.e regular meeting of the Zoning Board held Tuesday
evening, eTune 21st 1949 t the Board r eeommended that the
request at the Shell Oil Co. to re-zone Lot 2~ O'Harrington
subd1vision from R-2 (Residential) to Business be denied.
The Board hes no autbority to change zoning tb.at must be
done by tne City Commission and a referendum vote.
Attached here~ith is the Sbe11 Co's request.
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OITJ C€lMIIISS ION MEETIm
JW1e 27, 1949
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June 6, 1949
Hon. Zoning committee
City of Clear'Water
Clearwater, F10rlda
Gent Ie men:
In,1941, '/ve aoquiredthe property situated on the Northwest
corner ot Fort Harrison Avenue and Georgia streets in the City ot
Clearwater, Florida. This is described as Lots I and 2 of O'Harring-
ton's subdivision.
At the time ~e acquired this property. we erected a modern service
station faoility 011 Lot 1 and in addition to this one, we erected two
other modern units. We nave always tried hard to be a member of your
community and keep otU' stations attractive in appearanc e and 'lte believe
tha t you wi 11 1'1 Di them so '.
Of course, vhenwe aoquired this property. we did so for business
reasons and v.e now :find tAa t Vie 'Wo uld like to use Lot 2. Lot 2 1s now
zoned "Resident1el" and 'We wo uld app reciate it very much if you would
consider re-zoning this as "Business" which would permit us to expand
our operation.
Your kind consideration will be appreciated very much.
Tours very truly,
(-signed) VI. W. Salzer, Manager
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RESOLUTION NO.
'NHERE~S, on June 7. 1943, the city of Clearwater. Florida
enacted Ordinance #560 whereby the city tax on utility bills was in-
creased from 10% to 15%, and
WHEREAS this additional tax was levied in good faith for the
purpose of obtaining needed revenue for the City, and
WHEREAS the supreme Court of Flori da held the t the City was
without power to co~lect more than a 10% utility tax and directed the
Peninsular Telephone Com~ny to return to its subscribers moneys col-
lected from them and impo~nded by it, pending its appeal to the courts,
and
WHEREAS the Decree of the Supreme Court was effective April 9,
1949, after which date no further collections under said Ordinanoe ~ere
made by the City, and
WHEREAS the City Commission of the City of Clearwater finds that
the utility tax paid to it by its utility customers. the customers ot
the Florida POVler Oorporation, and other utility oompanies, not pro-
testing the tax. ~ere in effect paid under protest in that failure to
have paid said ta:x would .have subjected them to loss of tm utility
service conoerned, and that said amounts probably could be recovered
by individual taxpayers in proper court action, and whereas said City
Commission, ~ile under no legal liability to voluntarily do so, finds
it just and proper that said taxpayers, without the neoessi ty of oourt
aotion, be given an opportunity to reoover or direot the disposition of
the amounts paid in by thew. _ben it is praotioal to do so, and
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CITY COMMISSION MEETING
June 2~. 1949
WHEREAS the City of Clearwater bas vital need tor improvements
to its public property 1'01' v.tlich suffioient revenue is not available.
and wnereas many Citizens, Clubs and Organizations of the City have re-
quested that they be allowed to donate their utility tax paid in and to
enoourage others to do so for use either to oonstruot a municipal pier
on Clearwater Beach or to obtain the site for and assist in the min-
t...;. .'
tenance of a swimming pool tor Clearwater negroes, and
WHEREAS the number of persons who paid such taxes exoeeds 7.000
and many of the amounts involved are 2~ or J~, the oost 01' retunding.
which would exoeed the amount refunded, and some praotioal method of
aocomplish ing the desired obje ots heretofore set out is neoessary
and to the best interest of the city of Clearwater and its oitizens.
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NOW THEREFORE BE IT RE$OLVED BY THE CITY COMMISSION of the C1 ty
of Clearwater, Florida in session duly and legally held:
1. Toot the proper officers and employees of the city of Clearwater
be and they are hereby autharized and empowered to disburse and allooate
in the manner hereinafter speoified from the funds in which said amount s
are now held those certain amounts heretofore oolleoted from utility pur-
ohasers in excess of 10% of the monthly oharges for utility services pur-
cha sed wi t hin the City.
2. That each such taxpayer be furnished a oopy of the Notice and
Authorization hereto attached, mrked "Exhibit 1" by personal service, or
by depositing the same in the United States mails, with the last known
address thereon, as indioated on the records of the City or the Utility
Company having furnished the servioe.
3. That upon the receipt by the City of such authorization pro-
perly signed by the taxpayer, his or its taxes heretofore paid be dis-
bursed in aocordanoe therewith; that where suoh authorization directs
the us e of such money by the City, such money be transferred to a speoial
acoount for that purpose; that where such authorization indicates the de-
sire of the taxpayer to recover amounts paid by him. where suoh amount is
$1.00 or more, 0. cheok therefor be mailed to the taxpayer and that where
suoh amo~nt is less tban $1.00 it be held at the City Hall tor him.
4. That where no authori zation of any kind is received from the
taxpayer the sums paid in by him are to be held by the City tor a period
of sixty (60) days after date of mailing said notioe, and the first pub-
lioation of the notice hereto attached, marked "Exhibit 2", which shall be
published once dur ing each week for four consecutive weeks in a newspaper
of general ciroulatIon published in Clearwater, Florida, said taxplyer
shall be deemed to have waived his or its rigb.ts in conneotion with said
amount, and they shall be subje ct to further appropriation by the City 01'
Clearwater for either or both of the purposes set out in said authorization,
"Exhi bit l".
5. That the offioers and ElIlployees of the City 01' Clearwater are
hereby authorized and dir eoted to do all things necessary to oarry out
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CITY COMMISSION MEETING
June 27, 1.949
the provisions of ttl1s Resolution in a. praotical manner, and that tlle
provisions .hereof are dir ectory rather than mandatory.
PASSED AND ADOPrED thls 27th day of June A.D. 1949
,
Harrl D. Sargeant (signed)
Mayor-Commlss10ner
A'l'l'EST:
H. G. Wi~f2_js1gned)
Clt y Cl.er
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NOTICE
To Clearwater utility taxpayers:
On June 7. 1948 the city of Clearwater increased
its uti li ty tax tram 10% to 15%, in good faith
for the purpose at obtaining needed revenue for
the City. The state Sup.re.me Court ruled that
the City hRd power to oolleot only a 10% utility
tax, and directed that after April 9. 1949 only
10% wo uld be colleoted. Although under no legal
liability to 'v'oluntarily do so. the city has de-
oid ed to a110'l; eacb. taxpayer to indicate his
wishes as to the disposition at the 5% already
paid by him and nCM held by the City. The
attaohed card is self-explanatory. Please com-
plete and return at once.
AUTH ORIZATION
TO: city ot Clearwater, Florida
You are hereby authori zed and direoted to make
disposition of the utility tax in excess of
10% collected from me as checked below:
1. Retain it and use for:
(A) Construction at a municipally owned
pier on Clearwater Beach, or
(B) Cost of obtaining site for and contri-
buting to maintenance of a swimming
pool for vlearwater Negroes.
2. If amount is $1.00 or more send check
to me, if less hold at City Hall for me.
(The 1'ollowing is to be com.pleted only it l(A)
or l(B) is che eked:
The undersigned does not object to publication at
his contribution:
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To Clearwater utility Taxpayers:
On June 7. 1948 the City 01' Clearwater increased
its lltility tax trom lO~ to +5~, in good faith
tor the purpose of obtaining needed revenue for
the Ci ty. The State suprem.e Court ruled the t
the City had power to oolleot only a 10% utility
tax, and directed that after Ap.ril 9. 1949 only
10%- wo uld be co lle oted. Al tho\lgtl under no legal
liability to voluntarily do so, the City has de-
cided to allow each taxpayer to imioate his e
wishe s as to the dlsposi ti on at the 5% al ready
paid by him and nCM held by the City. By virtue ot
a resolution ot the City Commission at the City of
Clearwater, adopted June 27p 1949. eaoh taxpayer
is to be allowed to authorize said City to use the
8umspaldln by him either tor the oonstruotion
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CITY COMMISSION MEETINGe
....... .tune 27, 1949 'f
ot a municipally owned pier on Clearwater Beach,
or tor the coat ot obtaining 8 site for and oon-
tributing to the maintenance ot a swimming pool
for Clearwater negroes. or to request the return
to him. by cbeck, of amounts exoeeding 99~ or
the retent ion by the City tor him of amounts le..ss
tban .1.00. Failure ot persons by whom suoh amounts
are reooverable to give some direotion to said City
as to disposition ot said amounts within sixty (60)
days from the first pub 1ic8 tion of this noti oe
shall be deemed a ~alver ot the right to recovex
such money. All concel'ned are hereby directed to
govern themselves aocord1ngly.
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H. G. Wingo (signed)
C1 ty Clerk
There being no turther business to come before the Board, tbe aeet-
ing Vf as adJ ourned.
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ATTEST:
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CITY COMMISSION 'L'QEETIN'G .� � y
June 2?. 949 -
The City Commission of the City oP Cle;srwater met in special session the
evening of Sune 27, 19�.9 at 7;30 P.DiI. in the C2ty Ha11 with the Pollowing mem-
bers present: ,
Harry D. Sargeant - Mayor Cammissioner
E. B, Caslex, Jr. - Com►nissioner
Herbert M. Brc�wn - Commissioner
Leland F. Drew - Commissioner
Guy L. Kennedq - Commissioner
Absent - ATone
Also present; Boyd A. Bennett = City Maneger
George McGlamma - C.hief oP Police
Ben Krentzman - City Attorney
The meeting having been called to order, Mr, Douglas, County Distributor
for the'Eli Witt Cigar Go. addressed the bommission relative �o the proposed
Ordinance lenying s tax on cigare�tes, ci.gars and tobacco products, He said
that enPor cing such en Ordinance was not difPicul� so f ar as cigarettes c<lone
were co ncerned as each �eka ge was stamped but tu.9t cigars and other tabaeco
produ�ts wo uld present a more diPYicult problem. He said Purther that the ta�
on cigars and tob�eco products had not produced a great deal oP revenue and that
customers were more inclined to buy these items outside the Citq �than #'�eq were
to buy cigarettes. $e estimated that a tax on cigarettes would produce �40,Q00
annuslly. Commissianer Casler moved that the OrdinanGe be amended by deleting
rei'erence to cigars and tobacco products, Coc�missfoner Kennedy seconded the
�otion and it carried. Voting «aye�� Mayor Sargeant and Commissioners Bz�own,
Caslar, Drew c�nd Kennedy, Voting "no�� none. Commissioner Casler moved that
the Oidinance, as amended, be passed on the second reading by titl e only, Com-
missioner Kennedy secondefl the motion and iv carried. Voting ttaye�} �iayor Sargeant
and Gommissioners Brown, Caser, Drew and Kennedy. Yoting TMno" none.
The Cit,v Clerk read a letter Prom Stanley C. hiitrshall, h�aqor-Flect oP St,
Petersburg inaiting the Mayor, other city o�?Picials and all citizens or Clearwater
to attend the "Spaus Across the BayTM celebration in St. Petersburg, Ju.ly lst to
4th. On s motion by Commissioaer Browa, seeonded bn Commissioner Drew and carried,
the latter was to b`e aclmawledged and Mr, hqinshall advised that all oP the com-
missioners would try and a��end the celebration.
Mr. A. N. Smith appeared before the Commission in connection with his reque9t
that the City repair and maintain the drive�vay shovin oa plats as Spri� Court.
Mr. Smith stated that the City �ad msde repairs to this drivewaq in the �st and
that the City was furn ishing street lights at this timee He 3sid hP wonld be glad
to eanvas property ow�ers on both gides oP the street regarding their wishes. Com-
missioner Casler moved that the Maqo� appaint a Committee to study the matter and
make a iinal recommendation at the next meeting oP the Commission. The motion was
seconded by Commissioner Brown and carried unanimousl.y. Maqor Sargeant appointed
Comm.issioner Drew and Brown on the Committee.
In discussin� the Budget for the �ig�al year 1g49-1950, Mr. Louis Simon
suggested tt�t the Commission keep the hudget at the same figure as the 194g-1949
budget. Mr. A. N. Smith said thet employment was decreasing and the City should
not inerease the budget at this time. Mr. Ralph BJ. Carson aad �ir. W. S. Shannon
sug�ested an iacrease in the amount allacated Por publicity purposes, Mr. Jack
Eckhart was of the opinion that the Commission should increase the allt�cation for
charity purpose�g Mr. Ralph Richards vvas assur�:d by �rm'o�rs oP the Commission that
p1,250.00 for t�e purchase of land Yor a colared gark and swimming pool would be
provid ed, when requir ed. Conamiss3oner Brow n moved that the Commission approve �he
budget as presented. Qommissioner L`rew seconded �he mot ion and it carried by the
unanimo�.�s vote of the Commission.
City �anager Bennett presented a request from Ctu�rles O. Koenig, throug� his
attorney lirtY�ur R'. J'ordan, �'r. that he be perncit ted to erect a i�otel sign on the
st�eet Right oP Way in �ront of lots 1, 2& 3, Blk A, Breeze Hill Subdidision
together v�ith the Zoning Boards recommendation oY approval. City Attorneg Krentz-
• man s'tated t,hat subse�tion 3 of Section XIT of the City Charter prohibi�s the
erection oP billboards, signs, etc, in Districts zoned as tPPublic". On a motion
by Commissioner Casler second�d by Commissioner gennedy and unanimously carried
the matter w as post-poned until the legal status oP the question can be deter�ined.
Mr. W. S. Shannon, President of the Clearwater Board of Realtars, Mr. Ralph
W. Carson and �ir. R. M. N,orrison requ�sted that that section oP the Zoning Ordinance
prohibiting signs be enforced, partieularly as to real estate '}�or sale�� and „Yor
rent" signs. Mr. H. hi, Blanton said he did not believe the law intended to prohibit
an owne�, or his agent, Prom placirkg +�for salett si�ns on griYate prapertq. Com-
missioner �asler mnved tha� t,he City Attorney be instructed' to ask for a declaratory
decree on Section XII of the Zoning Ord•inance. The motion was seconded by Commissioner
Brov�n and carried unanimou�ly.
Capt. TomDevlin appeared before the Commission and req�ested that the Ci�y lease
to him a 15 or 20 Pt strip of land at the w est end of ths Clearwater vacht Club basin
stating tha t he wo uld erect his abn building along the same lines and architecture
as the present building on �$.e adjoining prapert9 and th� same size 3.f required to do
so. Iie proposed to pay a ren.tal of �25.00 monthly �or i'ive yeers. $y consent act3on
on Mr. Devlin�s reqraest was dePerred Por further study. '
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CITY COIr8M2SSION MFETING �,, j} ;3
une � 94
In connection with Mr. C. �J. Troiubley °s reque.st that th2 City renew his.
lease on City ownecl beach paoperty, blr, Casler reported thr�t the C9mmittee
on Beach leases recommended'that leases on those buildings nat ad�ac�nt to
the water front be continued on a month to mo�th basis. On a motion by Com-
missioner Caslex secotxied by Commissionex Drew and unanintously carried, the
a�eport of the Committee was adopted.
The request made by :'dolYe, Wightman and Rowe that Dr. M. Crego Smith
be granted a permit to erect an ofPice building on JefPords St. immediately
wPst of Morton Plant Hospital, was pr�sented to the Commissian together with
the Zonin� Board°s recommendation that the request be denied. Commissioner
Drew moved that the re,�ort oY ttie Zoning Board be aecepted. The �otion was
seconded by Commissioner kennedy and ca�.ried unanimously� Commissioner Drew
moved bhat the Zoning Board be sustained and the perty natified. The r�otion
was seconded by Commissioner Kennedy arid cerried unanimauslyo ,��,.
A request bq Vincent R. Dixon, �hat he be permitted to erect a Pilling
station on lots l-k incl usive, Bloc& A, Suburb Beautifu� was presented to
the Commission with th e Zoning Bosrd's recomm2ndation that the request be
gra�ted. Durin� discussion, it was Pound that while the property on the
opposite side oY the street was zoned Por business, the particular lots in-
volved were shown on the Zoning Iv]aps as being zoned R2. 0� a motion by Com--
missioner Kennedy, seconded by Commissioner Casler and uueAimausly carried
the Zequest waa rePerred back to the Buildir� Inspector and the Zoning Board
for furt�er study and clariPication.
City Manager presented the request of VJalter M, Jenman that he be per-
mi,tted to erect a store buzldirg and smoke house at 60.� ••Jef�ords St. (Lot 7,
Blk 5, Milton Park Subdivis3on) with the recommendation by the Zoning Board
that the re�uest be grante�l, Commissioner Casler moved that 1VIr. Jenman'rs
request be granted. Com�is�ioner Drew sec�nded the motion and it carried
IlIIfi 111II1D US-]. q .
City Attorne� iLrent�an pz��sented a contract wit,h the Thomas H. Blaek
Realty Co. Inc, regarding installation of'rwater mains in Druid Heights Sub-
division and the Right of ;�,'ay for proposed Chesnut St. Ci�Gy Manager call.ei
attention to the Pact that the agreement would require an expenditure oY
�p1000.00 over the amount to be contributed by the Black Realty Co. and that
Chesnut St, if gaved Yor the l00 Pt Right of WaS� would require a more eggensive
type o� paving than that pro�rided for in the contract. Gommissioner Casler
moved tha� the }�roper city officia ls be instructed to execute the contract.
The m�tion was• secoucled by Commissioner Drew and carried: unanimously.
A req�st by �fT. W. Salzer, Manager oP Tampa District, She11 Oil Co. that
Zonin� oP Lot 2, 0. Harrington Subdivision be changed Yrom R2 to Business Zoning,
�aith the Zoning Baards reaommeadatioa that the request be deniefl, was presented
to the Commission. On a motion by Commissioner Drew, seconded by Commis3ioner
Kennedq and unanim�usly carrie d, the action of the Zoning Board. was sustained�
A request Prom V`lalker �radYord that a 15 Yt. setbaek instead of a 20 ft.
setback be allowed, on pro perty at soutihwest corner of Cedar Street and North
Osceola Ave,, together with the Zoning Boards recommendation that the request
be grarit ed was presen�ed to the Gammission. Commissioner Dxew moved that the
matter be re�erred to the City Attorneq to adeertise Por s puhlic hearing. Com-
miss3oner Brown se�onded the motion an3 it carrie@ unanimously.
Qity Attorne y I{rentzman presented a Resolutio n setting forth the method oP
rePundin� the Sa utility tag as recommended by the Utility Tax
RePundin� Committee, On s motion by Commissioner Brown, secanded by Commiss ioner
C�sler and unanimously carried, the resnlutiott was adopted.
The City D�zna�er presentec� a request by 'Mrs. ,T, W. Hines that she be pexmitted
to move an 8 x 8 building across the Causewaq. On a motion by CommissionerDrew,
seco nded by Commissior�er Casler and unanimously carried, the City �danager was
authorized to Bsue a permit, szbject to the usual regulations.
Commissi.oner Kennedy presented a plat oP the proposed Roberson Subdivzsion oP
Block H, Hillcrest �2. By eonsent, the plat was rePersed to the Engineering Depart-
men� Yor checking and to see that the rEgulations in the previous plat were preserve3.
On a motion by Commissioner Casler, seeondec3 by Comruissioner Bxown and unan.i-
mously carried Francis C. Middleton was appointed as kcti�g Gity Manager during th8
absence of City Manager Benn:ett.
T.he various papers, letters, resolutioas and etc. mentioned in these minutes
are set out helaw and are hereby made a part thereoP.
J'une 24. 1949
�f
ayor-Commissioner Harry D. Sargeant
Commissi one rs :
G. L, Kennedy
E. B, Casler, Jr.
Leland F. Drew
Herbert �ri. Bravrn
Gentlemeh:
A apeciel meeting oY the Cammission will be held bionday evening,
CITY COM6QISSION ME��.'ING
une , g
1
June 27, 1949, in the City' Hall at �;30 PM Por the purpose oP con-
dueting the Pollawing business: .
1. Public hearing on the 1949-1950 Budget.
2. Second reading oP the Ordirmnce levying an Occu�3tional
License Tax upon sellers oY tnbacco prodnc�;s. Represen-
tatives oP Eli Y�i�t Tobacco Company.to be hearc�.
3, Consideration of Mr. Smith's request Por the improvement
of Sprittg Court.
4e Consideration oP the proposals taken Por a uditing oP the City
bo oks .
5. 2,oning BoardTs report on the request of Dr. Smith to ereet an
oYPice on JeP�orda Street, West oY Mortan �'lant Hosp.
6. Report Prom the Zonin� Board on the request oP ?vIr. Vincent
Dixon to erect e filling station on Lots 3, 2, 3, & 4 Block
A, Suburb BeautiPul Subdivision, which lots,.are on the corner
oY Florida Aven:�te and Gu1P to Bay Bivd.
%. Report Prom the Zoning Board o1� the request oY Sh��ll Oil Co.
request Por the re-zoning of �o't 2 in 0*Harrington uubdivision.
8. Report of Zoning Board on the request �P �,';alter VJ. Jevman to
erect a stor e building anc3 smoke house on Lot 7, Block 5,
�iltott Park 5ubdivision, 603 �e��ords Sti.
9. Zonin� Board�s report on the request oY �r. Bradford Yor a 15'
set�back instead oP 2p' on the property line on the Southweat
corner oY Cedar and North Osceols.
10, Report of Zoning Board on the request oP Charles 0. Koenig to
erect a Motel sign on City property in Pront oP Lots l, 2, & 3
Black A, Breeze Hill Subdivision on Chestnut Street.
11. Con�iaeration of signs.
12. Report Prom Committee on pla� Por the rePund oP 5`io utility
T�x.
13. Report oY Con�mittee on leases of City Propert;� on Causeway.
14. Appointment oP Acting City I4ianager in the absence oY the City
Menager.
Yours very truly,
(si�ned) Boyd A. Bennett
Boyd A. Beanett
Cits Mana�er
* � *
.Tune 23, 1949
To; Mr. Bennett
From 0. H, E�nderson, Sec'y Zoning Eoard
Sub�ect Vincent R. Dixou, Filling Station
t�t the regular meeting of the Zoning Btiard held on Tuesdaq even-
ing, J'une 21st 1949, the Board recommends that the request of Vin�
cent R. Dixon to erect a filling station on Lots 1,2,3 and t�, Blo�k
A, Suburb BeautiPul be granted due to �he Pact that the original
plat shows that these lots are zoned for business and the Building
Inspector be allowed to issue a building permit accordinglq.
1�ttached herewf th is Mr. Vincent R. Dixon's request and sketch �nd
p3an of the bui3ding he plans to erect.
* * *
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CITY' COMPdISSION MEETI�
June � 4,
. June 20, 1949
To; City Commzssion
Dear Sirc.
I am applying for a special pexniit to erset a service
station on the corner oP Flarida r�ve. and Gulf-to-Bay Hlvd, on
Lota 1, 2, 3, & 4, Block A of Su�urb ,Beautiful.
Enclosed you will Pind t�e layout of my plans. I am
open to any ,suggestions you may make t� meet your approval.
Thanking you for your kindest attention.
Vincent R. Dixon
7Q6 Phaenix.Ave.
Clearwater, Fla.
* * *
June 26, 191�9
City Commissioners
City of Clearwater
Gent lemen :
I desir e permission to move a small fr.ame buildi.ng 8 x� ft� square
Pram its present location at the rear oP 1�42 Mandaley Road, Clearwaier
Beach to its new �ocation at the rearof 1316 S. V7ashington Ave. Clear-
water, Florida. I would appreciate it at your meeti.ng June 27th 1949.
Mrs. J. W. Hines
1310 �. Washington Ave.
Glearwater, Fla.
* * *
June 23, 1949
i'�o: Mr. Bennett
irom: 0. H. Anderson Secfy Zoning Board
Subject: Doctor's office - 3effords Street
At the regular meetin� of the Zoning Board held on Tuesday evening, June
21st 1949 the Board recommernds that the request for a doctors office on
JePfordsStreet be denied due to the Pact that this area is zoned For resi-
deni:i�l and in the vicinity of aome of Cleasv�aters best homes.
�^Thi1e the Board Yzels that a proPessional oppice within itself may not be
objectional in this area i� would be an opening wedge Yor oth er busineas to
Pollcn�, thereby creating an island for busine,�s or a new business section
within a zoaed resident iel area.
Attached herewith is a letter oP explatm tion Prom Attcrney V�. S. Wightman aa d
letter Prom i,+ir e Wightman to- Nir, J'ohn F, Rossman.
* * *
Sune 3, 1949
City of Clearwater
Zoning Boaxd
Qlearwater, Fla.
Attentionc I�,Sr. W. Ee Crawn, J'r.
Geut lemen:
Mrs. Mary 5. Boardman, ov�ner of the follov�ing deacribed
�rop orty:
Beg at NE cor of Gov I,ot' 1, Sec 21, thn S 363 Pt, W
912 Pt, to high water mark oP Clearwater Bay, Por POB,
thn W g50 ft to E edge oY channel in Clearwater Bay, thta
N 38 deg 12T' E 650 Yt & 30 ft S of 1VE cor oP Gov Lot 1,
th S?�1'ly along high water mark oP Clearwa'ter Bay to POB,
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CITY COMMISSION MEETINC
June ` ,
is �znxious to sell the East fifty (E 50) Peet oP this property to
Dr. M. Crego Smith Por the purpose oY locating his oPfice thereon.
This tract of land is located just VJest oP Morton Plant
Hospital, fecing JePPords Street. The property on the North side
oP JePfords is owned by Coramander Edward H. Smith, vrho owns a strip
running approaimately 150 reet East Prom the corner of Druid Road
alon� JeYPords; Mr. John �', Rossman, who owns a. stxip of. ,ipproxi-
mately 170 Yeet Pronting on J"ePPords just East oY Coramander Smith's
propert,,Y; and Mortan Plant Hospital, which has the next plat East
of Rossman's, on which,is locsted the Nurses $ome.
We have contacted Commander Smith ttnd N1r. Rossman and both
state they have no objection to re-zoning the PiPty (50) Yeet strip
so as to permit Dr. Smith to build his oPfice close to the hospital..
This property is under R 2 restriction� at the present time.
Mrs, Boarciman'would like �o have your Pavoreble �onsideration and
action Por r e-zoning the East PiYty (E 50) Peet oP her property so
as to allow Dr. Smith to builci his ofYice ancl thus enable i�er to
sell that portion oP her prope�:ty.
Verq tr uly your s
'�IOL�'P�, ;4tIGH'I`b�1AN & ROT?TE
By Uf. _S. Vli�htman ( signed�
PS Vle are enclosing the original of our letter to 3�r. Rossman on
whieh he h�s indicated his approval of this re-zoning.
* * *
MaY z 3 , 1944
Mr . �'ohn F . Ros sman
3551 N.V,�. 36th st.
Mir�mi, Florida
Dear Mr. Ftossuian:
V�e represent Dr: N1. Crego Smith, a practicing physician
in this ci:ty Yor th� pagt Pive yer�rs. Dr. Smith wishes to build
his oYPice �ust v�est of the Dhorton Plant Hc�soital on e pieee oY
property fronti n� fiPty (50) feet on Je�Yards. This property is
t�;o hundred Pifty (250) Peet deep and is �.he Pirst fiPty (50) Peet
just west of b4orton Plant Hospital.
BeYore any steps are taken in thiS connection, we, of
eoursz, wanted to contact a11 of the local proper'�y owners end we
understand you have approximatelg one hundred sixty=eight (1681
Poot frontage on JefPords Street just east oP Com�ander Smith*�
home. � portion of your property would be opposite the Pi�i.y (50)
foot strip on which Dr. Smith vrishes to establish his oPfice._ ?�e
have discussed this m�tter with Commander Smith aZd he states he
has absolutely no objection to Dr. Smith establishing an oPYiee
on this property.
TNe would appreciate yaur �avorable consi.deration oP
this matter as it would grefi tlq facilit�te the services Dr. Smith
could render due to ihe 1'act he .r,ould be 3ust adjacen�t to the hospital,
Kindly le� us hear Prom you at your ear�.iest convenience
in this connection.
Very truly qours,
WOLFE, WIGFiT;IdAN & 1?OWE
By: W. S. Wigtitman (si�ned)
Tn reierence to abc>ve, I will gladly give my consent.
J'ohn F. Rossueau (signed}
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: _ , �_.�,_,;., . �,-w� � .�.:,��... ,.,�_ �.n.;��,,...e.�..,.�. � _,-�,_z.-,�.-�,,. _,.�,�� ,�aa..-.�.�.,,�,-,-:.,� ,.�-M-. =--� ,_..�. �.,�-., _ _�
; CITY COh�MISSZON MEETING .�'
une ,
j
�'une 22 , �949
To: Mr. Bennett '
From; 0. H. �nderson, Sec�y Zoning Bosrd
Subjeet: RE�,UEST OF CHARLES 0. K�ENIG
At the regulfir meeting of the Zoning Hoard held on Tuesday
evening, June 21, 1949 the Hoard ruled in favor of granting
the request oY Mr. Charles 0. Koenig to erect a motel sign on
city property in front oP Zots l, 2, 3, Block A, Breeze Hill
Subdivision, eight �eet Prom curb line on Chestnut St. with
the understanding tiiat this sign wi71 be removed from city
proper�y within seven days after notice Prom the City of Clear-
water to do so.
Eittaehed herewith is a copy of &Ir. Koenig's request (by Arthur
44, Jordan, Jr. Attar�aey j togeth er with a plat and layout of 'his
property .showing location of pro�osed sign.
* � �x
June 21, 1949
The City CommisSion
Vi� The Gity Zoning Board
City Hall
Clearwatex, Florid�
Gentlem�m:
h�r. Charles 0. boenig recently purchased Lots 1,2
and 3 oP Breeze Hill Subdi.vis ion for the eraetiott of a motel
and an additional structure to be occupied as their Private
home by himselP and family. The*e lots are bounded by Highland
Avenue and Chesnut Street.
The motel, which is nearing completion, will Pront
on Ghesnut Street. Thexe are tv;o sketches hereto atteched,,
One is taken directly from the eitg plat to show the egact
street arrangement. The other, on yellow paper, is a free-
hand sketch oPfered to more clearly depict the situatiorl and
the prob].em conYronting �dr. Koenig.
It will be noted Prom the plat sketch that Chesnut
Street appears to be oP ihe same paved width as Gulf-to-Bay
Bouleaard, Such, however, is not the case. Chesnut Street
is �etually narrav;er and the curb iine extends out f urther
than the plat indicates. But the city reserves the land
fro.m a line in the center oY Chesnut Street south a distan ae of
YiPt9 (50) Peet for the purpose oP ��idening Chesnut Street
if and v� en such a project should become feasible. The
actual cur b line is ahown on the yellaw sk etch and the City�s
property line tlaereon indicated by the east-weat dotted line,
�lso shown on the yellow sketch are three diff ereni
clusters oi trees. Mr. Koenig desires to e:rec�t a neon sign
Pour f eet by eight Peet in size to properly advertise his
motel hoth Prom the direction of Clearwater and Tampa. He
now Yinds tha t iP the sign is erect�d on any convenient,spot
on his own p�operty, an eztended view Yrom both direetions will
be obliterated in large part by the tree clu�iers. He the refore
requests permissionof the autharities to er�et his sign on the
city pro perty between the two driveways and �ppr oximatelg eight
feet back from and south oP the Chesnut Street south curb line,
alI of which ia indicated r�n the yellow sketch. It may be here
noted that authority has preei�uslq been granted Mr. Koenig to
run the north-south drivev�ays approaching the motel across the
city►s s�xip of land. 'Nhatevex re�ervetions were attached to that
permission.w ill be accepta��le in the desired permission to now erect
the advertis in g sig� a't the goint indicated on the yellow sketch,
A drawing of the proposed sign shawing its design and
co lor will be dis played upon requeat.
Trustir.g that the zaning bo�zrd and cQmmission will
see P3t to a�prove this c�atter, I am
Respectfully youra,
(signedi �irthur V9. Tordan, Jr.
Attorney Pur Charl es
0. Koenig
* * �
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CITY COMMISSION MEETII�
_ June , 94i
June 22, 1949
Tos Mr. Bennett
Fxom: 0. H. Anderson, Sec�y Zoning Board
Subject: Rec�uest oP Walter W. Jenman
At the regular meeting oP the Zoning Boerd held Tuesd.ay
evening June 21, 1949 the Board ruled• in favor oP granting
the request of 4Valter W. Jenman to erect a store building
and smoke house on Lot 7, Block 5, �iilton Park Subd;ivision
(603 Jefrords St, ) ttais area beiAg zoned Por manuPactiuring.
Attached herewith is bdr, Jenman's request also a sketch and
• " plr�n of the building he plans to erect.
* * *
June 7, 1549
Zoning Board Commission
GSty Ha11, Clearwater, Fla.
Attent ion L4r. 0. Anderson
�en'fil e men :
I wiah to suhmit the attached sketeh oP bui'lding
and smoke house and permission thereof to place same at the
eorner of Jefford and Hamlet s�reets running para,Ilel with
the Atlant%c Coast Line Railroad �racks, The said purpose
oP building would be for the snoking and seTZing of fish.
All sea ioods would be cleaned pnd oPfal removed outside
oP city limits and wonld be brought in read� for smoging„
8anitation rules and health codes �A;ould be carried out as
per instructions oP Heslth Board.
I h�ve been living in C1earKater the past four
years and own my home loeated at 804 J�£Pords the past two
years. As my healtta will not permit �e to do hEavy work,
I aeek this vocation as a livelihood, thereby not only sus-
taining my family, but in having a place oY businessv�ereby
not only myseli' but the City oP Qlearwater will profit thereoY.
Trusting you will act Yavorably on 'this application I am,
Respect�ully yours,,
(signed) �ilalter ['4', J'enman
804 J'ePfords St.
City
* * *
Tune 22, 1949
To;
Mr. Bennett:
From: 0. H.. Anderson, Sec�y Zoning Board
Subject: Shell Oil Co. � Requsst
At the regular meeting of the Zoning Board held Tuesday
evening, June 21st 1949, the Board rEcommended that the
request of th� Shell Oil Co. to re-zone Lot 2, OTHarrington
subdivision fro� R-2 (P.esidential) to Business be denied�
The Board hes no authority to ehange zoni�g that must be
done bq the City Gommission and a referendum vots.
�ttache d herewith is the Shell bo�s request.
* * *
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GITY CD2dMIS�ION NiEETII�
une ,
June 6, 1949
Aon. Zoning Committee
eity of Clearwater
Clearwater, F•lor ida
Gent le men :
In 1941, we acquired the property situeted on the Northwest
corner oP Fort Harrison Avenue and fieorgia Streets in the City of
Clearwater, Florida, This is describe3 as Lots 1 and 2 oP 0'Harring-
ton's Subdivision.
At the time tir•e acquired this property, we erected a modern service
station facility on I,ot 1 and in addition to this one, we erected two
other modern units. We have always tried hard to be a member o� yow:
community and keep our stations at�ractive in appearance and we believe
t�hat you will find them so'.
Of course, �nhen we acquired this property, we $id so Por business
reasons arid we novr find that we would like to use Lot 2. Lot 2 is naau
zoned ��Residential" and w� would apprec�ate it very much ii you would
consider re-zoning this as "BusinessTM which would permit ua to expand
our operation.
Yo� kind consideration wi11 be appreciated very much.
7jours vEry truly,
(�signed) y'7. 9�. Salzer, I�3anagex
* * �'F
RESOI.�UTION NCI.
ti'�REAS, on June '7, 19t�.8,, the City of Clearwater, I'lorida
enacted Ord:in�nce #560 v�hereby the City tax on utility bi11s was in-
creased from l0� to 15p, and
41�REAS this addi�ional t�g was levied in good Paith for the
puzpose oY obtaining needed revenue �or the City, and
NIF�REEIS the Supreme Oourt of Flori c3a held that the City was
without pawer to collect more than a IOfo utility tax and directed the
Peninsular Telephone Company �o return t� its subs:cribers moneys col-
lected 2rom then and impounsled by it, pending its appeal to the courts,
ana
Wf�REAS the Decree oP the Supreme Court was efPective April 9y
1949, aPter which clate no Puxther callections �.uider said Ord.inance were
made by the City, and
V�iEREAS the City Gommission of the City of Clear�vater Pinds that
the uttlity tax paid to it by ii;s utility customers, the customers oP
the Flnxida Power Gorporation, and o'Gher utility companies, not pro-
testi.ng the tax, were in eYPect ;paid under protest in that failure to
have paid said tax would have subjected them to loss oP the utility
service concerned, and that said amounts probably could be recovered
by individual taapayers in proper court action, and whexeas said City
Commission, while under no legal liability to vo luntarily do so, Pinds
it just and proper that said taxpayers, without t�e necessity of coUrt
a�tion, be given an opportunity to reco�er or direct the dispositiott of
the amnunts paid in by thew when it is �ractical to do so, and
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CITY COM?dISSSON MEETING
J'une , 94
WFJER�AS the City of Clearwater ix,s vital nQed for improaements
to its �ublic prnperty Yor v�ich suPficient revenue is not available,
and whereas mmny Citizena, Clubs and Organizations of the City .have re-
quested that they be allowed to donate their utility tax paid in a�xi to
encourage others to do so Por use either to construet a municipal p3er
on Clearwater Beach or to obtain the site Yor and assist in the main-
tenanee oP a swi.rnming pool Por Clearwater negroes, and
V1F�REAS the number of persons who paid such taxes exceeds '7,000
and manq of the amounts involved are 2y� or 3¢, the cost oY refunding,
which would exceed tl�e amount refunded, and some practical method oP
accomplishing the desix�ed objects heretofore set out is necessary
and to the best interest of the City of Clearwater and its citizens,
NOW THEREFURE BF, IT RESOLVED BY THE CIi'Y COBhMISSION oP the City
of Clearwater, Florida in session duly and legally held:
1, Tl�t the proper o3�icers and e�ployees oY the City oY Clearwater
be and they are hereby authorized and empowered �o disburse and allocate
in the manner here�naPter s}�eciYied �rom the Punds in which said amount s
are nav held those certain-smounts hexetoPore collected Yrom u�ility pur-
chasers in egcess o� l00 oP the monthly charges for utility services pur-
chased within the City, F
2, Ttu�t eaeh sach taapayer be 1:urnished a copy of the Notice and
Authorization hereto attached, �rked t�Exh3bit l�* by personal service, or
by depositi ng �he same in the United States mails , with the last known
address thereon, as indicated on the records of the City or the Util3ty
Com�zny having furnished the service.
3. ThQt upon the receipt by the City of such authorization gro-
perly signed t�y the taxpayer, his or i�s ta�es heretofore paid be dis-
bursed in accor�iance therewith; that where such authorization directs
the us e of such money by the C'ity, such money be transPerred to s special.
account for that purpose; that where sach aathorization indicates the de-
sixe of the ta�tpayer to recover amounts �id by him, where such amount is
�1.00 or more, a check thereYor be maile� to the taxpayer and that where
such smount is less than �1.00 it be held at the City Hall Por him.
4. That xhere no euthori zation of any kind is received Prom the
taxpayer the ,suras p�id in by him are to be held by the City for a period
of sixty (60) days after date o� mailing said notice, and the Pirst pub-
lication oP the notice hsreto attache d, marked "Exhibit 2", which shall be
puialished once during each week Por Your consecutive weeks in a newspaper
o� general circulati'.on published in Clearwater, Florida, said ,taap�yer
shell be degned to ha�e wraived his or its rip�ts in connection r�it.h said
amount, and theq shall be subje ct to Purth er appropriation by the Gity of
Clearwater Por either or buth oP the purposes set out in said authorization,
'�Exhibit 1".
S. That the of P:icers and employees of the City o� Clearwater are
hereby authorized and dix ected to do a1l things necessary to carry out
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tf'. �. . . . . .
l
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cz�t co�azsszoN na��xz�tc � 'Z--II
une 2 , 9
the provisions. of this Resclution in a practical manner, ancl that the
provisions herevf are dir ectory rather than mandatory .
PASSED AND AD01'TED this 2�th day of Juns A.D. 1949
Harry D. Sargeant (signed)
ayor-Commfss oner
AT'I'ESTs
H. G. Winqo ( signe d j
�i�y C�er
* * *
NOTICE
To Clearwater Utility taxpayers:
On June 7, 1948 the City oi Clearwater increased
it s uti Iity tax from 10 o to 15 0, in good Paitda
Por the purpose of obtaining needed revenue for
the City. The State Supreme Cour+-ruled that
t}ae Citg had power to collect c:,nly a 10 o utility
taa, and directed t.hat after Apri1 9, 1949 only
10$ wo uld be coZlected. Althou� under no legal
liabi iity to vo luntarily do so , the City has de-
cid ed to allow each taxpayer to indicate his.
wishe s as to the @ispositi�n oY the Sg�O already
paid bq him and naw held by the City. The
attached card is self-explanatory. Please com-
plete and return at once.
AUTfiORIZATION
T0: City of Clearwater9 Florida
You s�re heraby authorized and direeted to make
disposi�ion oP the utility tax in excess of
l0� collected from me as checked below;
1. Retain it and use �or;
(A} Construction oP a municipally awned
pier on Clearwater Iieach, or
(B) Cost of obtaining aite for and contri-
buting to maintenanee of a swimming
paol Por �learwater Iv'egroes.
2. I� amount i.s �1.00 or mora send check
to me, if less hold at C3ty Hall Yor me...
{The Po llowing is to be completed only iP 1(A)
or 1(B) is cheeked:
The undersigned does not object to publication oP
his contxibution:
S �ne .
�k * *
To Clearwater Utility Taxpayexs:
On June 7, 1948 tt�e City of Qlearwater increased
its utility tax Prom 10� to �5�, in gooS faith
for the purpose oP obtaining needed revenue Yor
the City. The State Supreme �ourt ruled that
the City had power to colleet anly a 10� utilit9
tax, and directed that after April 9, �949 only
lOJa woul3 be collected. Althou� under no legal
liability to voluntari ly do so, the City has de-
cided to a11ov� each taxpayer to indic�te his
wishes as to th.e disposition o£ the 5� already
paid by him and now heYd by the City. By virtue oY
e resaluti on oP the City Commissian q� the City oP
Clearwater, adopted June 27, 1949, each taxpayer
is to be allowed to authorize said City' to use the
sums gaid in by him eitlaer for ihe construction,
CTTY COMMISSIDN MEETING � � a'
June � 9
oY a municipally owned pier on Clearwater Beach,
or Par the cost' of obtaining a aite P��r and con-
tributing to the maintenance of e swilnming pool
Por Clearwater negroes, or to request the return
to him, by checY.9 oY amounts exceeding 99¢ or
the ret�ntion by the' City Yor him o� amounts less
than �1.00. Failure oY persons by whom sueh amounts
are recoverable 'to give some directian to said City
as to disposition of 9aid amounts vaithin sixty (60j
days fratn the Y'irst �ublication oP ttiis notice
shall be deemed a vraiver oP the right to reco4er
such money. All co ncerned are hexeby directed to
govern themselvea accordinglq.
$, G. V7ingo (signed)
C3 y C er
There being no Yurtf�er business to come be2are the Board, the meet-
ing was ed3ournedo
.. �_`
e �
i
Sayor-6o�iss ioner
ATTEST:
/ i��� {' ,
C�3ty Audito�& er �'
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