07/05/1949
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CIT! COMMISSION MEETINJ
July 5, 1949
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The City Com.m1ssion of the city or Clearwater met in regular sess10n t.be
evening of July 5, 1949 at 7:30 P.M. in the city Hall wit.b the following mem-
bers present:
Mayor Commissioner
Commissi one r
- Co.mm1ssione r
Co.ouniss ione r
Commissioner
Harry D. sargeant
E. B. Casler, Jr.
Herbert M. Brwn
Leland F. Drew
Guy L. Kennedy
Absent - None
Also Present: F. C. Middleton - Aoting City Manager
George McCl~ - Chief of Police
Ben Krent~an - City Attorney
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The meeting baving been oalled to order, the minutes of the regular meeting
of June 20th and the speoial meeting or June 27th ~ere read and approved.
The request of vincent H. Dixon that Lots 1-4, Block A, Suburb Beaut iful be
zoned as business pro perty and a peti tlon signe d by the OViners of lots r ront 1ng
on Gu1t-Bay Boulevard, in Blocks A, B, C, & n in Suburb Beautiful that these lets
be zoned for bus i ne ss were PI' esented 1;0 th e Commission. Lots 1n Subur b Beaut1:t u1
fronting on Gulf-Bay Boulevard were designated as business property on the subdivi-
sion plat, but were shown on the Zoning Map as R2. The City AttQrney presented a
resolution mich Vi) uld change the classification of those lots fronting on Gul~-Bay
Boulevard from R2 to Business Zoning. A Publio Hearing having been advertised and
no Objections having been made, Commissioner Casler moved that the resolution be
passed. Commissioner Br~n seconded the motion and it carried unan!mously. Com-
missioner Casler moved that Mr. Dixon be granted pennlssion to ere~t a fi1l1ng
station on Lots J & 4, Block A, Suburb Beautiful. Tbe motion waB seconded by
Commissioner Brown and o~rried by the unanimous vote of the Commission. Mrs. Anna
Mueller stated to the Commission that she ~uld like to have the rear lots in Suburb
BeAutiful changed from R2 to Hl Zoning. Mrs. Mueller ~BS informed that this would
have to be su 1mitted to a referendum along with other proposed amendme.l1ts to the
Zoning Ordinance.
The City Attorne y presented a resolut ion whioh ~ould grant Mr. Wa1k:er Bradford
permission for a 15 ft setback on his property on the south side of cedar st. west
or Osceola Ave. No objection being made, Commissioner Casler moved that the Resolu-
tion .be passed with the amendment that the setback be JIlB.de to conform with th. e houses
~est of Mr. Bradford's property. Commissioner Kennedy seconded the motion and it
carried unanimously.
On a motion by Commissioner Drew, seconded by Commissioner Casler and unanimous-
ly carried, the City Manager was instructed to reject all bids whioh were submitted
for a contract to maintain a continuous audit o~ the city's books.
On a mot 10 n by Commis sioner Kennedy, se conded by Commissioner Casler and unani-
mously carrie d, the propos ed 8lIlendment to Garbage Collection Ordina.r:c e was deferred,.
Commis sioner Brovln stated that the Committee on the Spring Court roa tter had
invited Mr. A. N. Smith to meet with them to discuss the matter but he had not done
so, and the Committee had no further report to make at this time.
The city Clerk read a letter from Mr. Guss Vrl1der addressed to the Commission,
in wh ioll Mr. Wilder compliment ed the Comm.is sioners on the manner in which they con-
duoted the city'S affairs and commended them for their efficiency and good Judgment.
Commissioner Brown moved that receipt of Mr. Wilder's letter be acknow1edged ~itb
thanks. The motion was seconded by Commissioner 'Drew and carried unanimously.
The Clerk read a letter addressed to the Mayor from Mrs. ~i11iam Brame, 1950
Gulf-Bay Boulevard, ~ho suggested that the speed limit on Gulf-Bay Boulevard be
reduced to 35 miles per hour. Commissioner Casler moved that Mrs. Brames letter
be referred to the city Manager and receipt of the letter be acknowledged. Com-
missioner Kennedy seconded the motion and it carried unanimously.
Mayor Sargeant reported tbat be had wired the Manager of the Philadelphia
Phillies the invitation to Eddie Waitkus to convale~ce in Clear~ater, but had
not yet had a reply to his telegram.
On a motion by Commissioner Casler, seconded by Commissioner Drew and unani-
mously oarried, the Commission autnorize~ a one yeaxs extension of Dr. G. H. Clan tons
lease on south i of Blook Z, Causeway Business District at a rental of $75.00 per
month .
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On a .motion by Commis sioner DreVi, seconded by Commissioner Brown and unan1.mol1s1y
carried the lease agreement bet'1Heen the Oi tiy and the Veterans Holding Corporation was
referred to tbe City Attorney.
The proposed plat of the Roberson Subdivision was not ready for presentation at
th18 time.
Acting City Manager Middleton rep orted that ttle land on which C.apt. 'rom Dev1in
bad requested a lease was already under lease to the Clearwater Yacht Club. Com-
missioner Casler moved that Capt. DeVlin be informed that the land is not available
~ar lease. The mot ion was second ed by Oommissioner Drew and oarried unan1Jnollsl y.
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CITY COMIUSSION MEETING .~ 't
July 5, 1949
Commissioner Casler moved that Ordinanoe #576 levying a tax on oigarettes
be passed 011 the third reading. The motion was seconded by Commissioner Kennedy
and carried. Voti ng "aye" Mayor sargeant, Commissione rs Browll-, Casler, Drew and
Kennedy. Voting "no" norie.
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Commissioner Drew ~oved that authorization be given for the expenditure ot
$625.77 to oover the difference in o~t of water mains on Turner street and Pine
street between the $2500 paid by the Black Realty Company and actual costs ot the
mains. The motion was seconded by Commissioner Brown and carried unanimously.
On a motion by Commissioner Casler, seconded by Commissioner Kennedy and
unanimously oarried the Commission approved an extension of 450 ft of 2 inch
water main on Gilbert st. at an estimated cost of $430.00.
Commissioner Drew moved that the Commission approve an extension of 60 ft. ot
1 inch gas main on Madison st. at an estimated cost ot $30.00. The motion was se-
conded by Commissioner BrCMn am carried unanimously.
On a motion by Commissioner Casler, seconded by Commissioner Drew and carried.
the Commission approved the Clerks action in purchasing lots 63 &. 64, Drew Park and
lots 11 &'12, Block C, Coachman Heights from the County.
A petition signed by 45 persons W8S presented to the Commission. The petition
requests that the city pave and curb, with pe:rmanent materials, Pinellas st. trail
S. Ft. Harrison Ave to Greenwood Ave. Commissioner Kennedy moved that the matter
be referred to the City Manager for him to aoquaint the petitioners with the methods
of finareing such improvements and to inform them. that the city .has no funds available
for the proposed improvelmnts. The motion was seconded by Commissioner Drew and
carried unanimously.
The City Manager sulmitted a Resolution which \\Ould require seven property
owners to clean their lots of grass, weeds and underbrush. On a motion by Com-
missioner Br01\D, seconded by Commissioner Casler and unanimously carried the
Resolution was adopted.
The Commission adjourned and sitting as Trustees of the Pension Fund approved
the admission into the Pens io n Plan of HO.n1:lr D. ~Unchaw, Alton Smith and Cllve Ray
Avera, on motions by Commissioner Bro~n which were seconded by Commissioner Dre~ and
carried unanilllously.
The various IBpe rs, lett ers, resolut ions and etc. mentioned in these minutes
are set out below and are hereby made a part thereof.
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July 1, 1949
Mayor-Commissioner Harry D. Sargeant
Commissione rs:
E. B. Casler, Jr.
Leland F. Drew
Guy L. Kennedy
Herbert M. Brown
Gentlemen :
There will be a special meeting of the Commission at 7:30
FM in the Ci ty Hall, July 5, 194 9, in lieu of the regular meet..
log of July 4th.
Your s very truly,
(signed) F. C. Middleton
F. C. Middleton
Acting City Manager
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AGENDA
1. Reading of minutes of regular meeting of June 20 and minutes ot
Special Meeting of June 27.
2. Report of the Committee appointed to recommend amendment to the
garbage collection Ordinance, increasing the charge for those
receiving daily collections.
3. Presentation of letter fram Guss Wilder.
4. Report from Mayor Sargeant re Philadelphia Phillies.
5. Rene~al of lease to Dr. Clanton, 320 Cleveland street.
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July 4. 1949
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CITY COMMISSION MEETING
July 5. ~949
6. Report ot the City Attorney and Engineer on the reQ.uest tor
approval of Roberson's Plat.
7. Report of the City At'torney on the request of Mr. Bradford tor
15 tt. set-back instead of 20 ft. set-baok on the oorner of Cedar
am Nor tb. Osoeola.
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8. City Manager reports on Captain Devlin's request for lease or
pro perty on Mand a18Y, Ylh ich is now under le 8se to the Clearwater
Yadlt Olub. The Yaoht Club lease is bounded on the south by the
oent er of the slip.
9. Consideration of the third reading at the Oooupation License Tax
on sellers of tobaooo produots.
10. Consideration of a Work Order for $625.77 to cover the ditferenoe
in cas t betwee n wha t the Bla ok Realty Co. pa id for 6" VJS ter pipe
on Turner and 2" water pipe on .l:'ine street - ot $2500.00.
11. ConsideratioIl of a 450' extension of 2" water main on Gilbert
referred baok to the Oity Manager at the Meeting of the Commission
on .Tune 20.
12. Consideration of 60' extension of 1" gas main on Madison St~8et. re-
ferred baok to the City Manager at the Commission Meeting .Tune 20.
1). Approving the City Clerk's purchase of J...Ots 6) and 64. Drew Park
Subdivision on June 21. to be used in the widening of lw1yrtle st.
at tax sale far"$610.60. also Lots 11 and 12. Block C, Coaohmans
Heights Revised Subdivision, for the widening of Court Street-
e2l0 .20. The City will reoeive approximately one-halt of this
total amount of l'etunds from the County.
14. Presentation of a petiti on to improve - pave and repave and curb
Finella s street from South li't. Harrison to Greenwood Avenue.
15. Report on the Committee relative to Spring Court.
16. Consi derati on of Pro posals for a Continuous Audit of the City Books.
17. Resolution ordering property ONners to clean their lots of 'Weeds and
grass.
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The May Q1'
City Hall
Clear\'iater. Fla.
Your Honor:
My hus band and I are starting a bus iness at the above address
whioh may eventually provide employment for a considerable nwnber
of Clear 'Water people.
We, and other busine ss venturers in this area. are handicapped
by the extreme speed of traffio on Gulf-to-Bay Boulevard. The legal
l1mi t in th is al'ea, as you know, is 45 m. p. h.; but cars constantly
pass here at 60 to 70 m.p.h., making turning in a drive extremely
bazardous. Frequently I have to wait 5 to 10 minutes to get out of
our driveway.
I am not suggesting tha t the road be patrolled any more frequently
by the police, as drivers always slow down at sight of a pOlice car.
Net ther am I asking for any signs which 'Would give the impression tba t
the poli oe of th is city are out to arres t peo pIe, as I think the
reasonableness and courtesy of our police toroe is one of Clear~ater's
greatest assets.
What I would like and my neighbor s 'WO uld like is to have the
legal'limit in this area reduced to 35 m. p. h. as it is a little
farther down the road. Then folks VtOuld drive about 45 or 50.
oustomers oould get in. and 'We oould get out.
We will all appreciate your help with our prOblem. The no left
turn regulation otf route 19 on to Cleveland has hurt business inth1s
distriot; a slowing of traffio would help to compensate.
Respeotfully yours.
(8 igned}
Helen Brame
Mrs. Wm. Brame
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CITr ,COMMISSION YEETrNl
J'lll'y 5 p ~94 ~
June 29, 1949
Oity Commiss! oners
Clearwater,
Flor Ida.
Gen tle men :
I have been tollo~ing the press reports, particularly
on the e ttorts 0 l' you gentle men to work out tinancial at'tei rs
01' the City as the various questions oonfront you. Sometimes
the petty, adverse oriticisms that are heaped ~pon yo~ by an
apparently unappreciative and possibly unthinking publio get
my goat. I can't conceive 01 any man or group ot men or nor~l
minds agreeing absOlutely on everything in a business ~ay or
otherwis e am it seems to me that life in such setllp would
indeed b, a dull, drab existenoe. It wOl1ld be so insipid
and meani~less tnet I ~ouldn't care to exist under it. It
your number or some ot you don't see eye to eye witb me I
oompliment you or respeotfully present my views ani get out
of YOUI' hair bec~us e 'We Bske d YOll gen tlemen to serve us an d
in my opinion, YOll are doing a wonderrul job of it. I am
very sure I oouldn't do it and 1: don't bave the public
spiI'it 01' servioe that 'Would prompt me to take tin:e out from
my bus iness and regular OCCUjat ion as you gentlemen are do-
ing and serve the public even for pay, bllt you are doing it
wlthollt pay. J: Just 'Want to than.k YOll pI'oroundly and am. not
hunting a job or seeking a favor. I am Just trying to wRender
unto Ceasar t.he th logs that are Ceasar's". We ShOllld throw
the bouquets ~ile people are living and briokbats, 11' any,
atter they are dead and you gentlemen certa~ly do merit the
oouque ts. I especially ba ve 1n mind the various squabbles
at your last meeting and the calmness with whicb. you gen tlemen
end ured it all and then went on ~ith wbat seemed to you to
be best. I don't agree with you on everything you did blJt
I can't think of anything t1lat'Yiould be better and I do kno'W
that you thougbt of and presented seveI'al things that had n't
occured to .me at all but appear to me to be just as nearly
ideal as humanly possible. You must have done a lot ot
tb inking about it.
Again thanking YOll, I am.
( signed)
Sincerely and r es.12 ctrully.,
Guss Wilder
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July 5, 1949
Honora ble C it y C omen lasi on e 1'8
Clearwater, Florida
Gentlemen:
As Trustees of the City of Olearwater Employees
Pension Fund, you are hereby notified that Alton Sm.ith, Laborer
at the ilublic service Department, has been duly examined by
a local physician and deslgna ted by him as a w1'irst class"
risk.
The a bov e employee began his serv ice with tte
City on Decenilier 6, 1948. He is under 45 years ot age and
meets the reqllirements of our Un-olassified serv1ce. It 18
~erebyrecommended by the Advisory Committee ~hat he be accepted
into .Dlanb ershi,p.
Very truly your s.
ADVISORY COMMITTEE ot the
City Employees Pension Fund
ehas P. Molones (sig~dbc
Cbarles P. Moloney, Pres <rent
Frank Abernathy (signed)
Frank Abernathy
Paul Kane (a1 gned)
.t'a U! Ka ne
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CITY COMMISSION MEETING
July 5, 1949
JUly 5, 1949
Honorable city Commissioners
Cle arwater. Flor1da
Gentlemen:
, .
Pau 1. Kane
Pau 1. Kan e
As Trustees ot the City of Clear~ater Employees
Pension Fund, you are hereby notified that Clive Ray Avera,
Polioeman at the Polioe DelBrtment, bas been duly examined by
a local physician and designated by him as a "first class"
r18 k.
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The above employee began his servioe ~ith tbe
city on Janua ry 1, 1949. He is under 45 years or age and
m.eets the requirements of our Class1f1 ed service. It is here-
by recommended by the AdVisory Committee that he be aocepted
inoo m.embership.
Very Truly your s ,
ADVISORY COMMITTEE of the
City Employees Pension Fund
Chest P. Moloney (s1~ned)
Charles p. Moloney, res.
Frank Abernathy (signed)
Frank Abernathy
(signed)
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May 23, 1949
Honorable City Commissioners
Clearwater. Florida
Gentlemen:
As Trustees of the City of Clearwater Employees
Pension Fund, you are hereby notifie d tha t Homer D. Minohew,
Pipe Fitter's Helper at the City Gas Plant, has been duly ex-
am1ned by a local physician and deslgm ted by him as a "fir st
cla s s tt 1'1 s k .
The above employee began his service with the
City on December 29, 1948. He 1s under 45 years of age and
meets the requirements of our Classified Service. It is here~
by recoJllDlended by the AdVisory C0JD1l11ttee tha.t he be accepted
into membersh1p.
Very truly yours,
ADVISO RY COMMITTEE of tb!
City Employees Pension Fund
Frank Abernathy (signed)
Frank Abernathy
Pa ul Kane
Paul Kane
( signed)
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CITY CCUUSSION MEETING
July ;, 1949
PETIT! ON FOR STREET IMPROVEMEN'15
To Mayor Harry D. Sargeant, and
~he City Commissioners ot Clearwater
Clearwater, Florida.
We, the undersigned, property owners and taxpayers ot
the City of Clearwater, respeottully petition the
City ot Clearwater to pave, re-pave and ourb with
permanent .DlEl terials Pinella s street, from South Fort
Barr 1son Avenue to Greemood Avenue, the greater
'portion ot w.hioh street bed is now in deplorable oondi-
tion and is a menace to traffio and safety.
Respectfully submitted,
Signa d by 44 pro perty owners
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RESOLur ION
WHEREAS: it has been determined by the city Oommission
of the City of CleBl'Vfater, Florida, that the pr operty described
below should be cleaned of weeds, grass and/or underbrush, and
tba~ after ten (10) d~s notice and failure of the owner thereot
to do so, the City should c lean such pro perty and charge the
C08~S thereof against the respective property.
NOW TEERE:FORE BE IT RESOLVED by the City Comm1s sion
of the City of Clearwater, Florida, that the following described
property, siturte in said City, shall be cleaned of weeds, grass
and/or underbxush within ten (10) days after notice in writing
to the owners thereof to do so and that ~pon failure to comply
'Wi th said notio e, the Oi ty shall perform suc h cl eaning and
charge the costs thereof against the respective properties in
accordance with section 128 of the Charter of the City ot Clear-
water, as amended.
O'Wnex
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Property
DonaI. d F. Hayden
1308 N. Garden Ave.
City
Lot 14
Merritts Replat
E. G. Weber
1020 Monmouth st.
Newpor~, Ky.
Mrs. Ronald O'Hara
Quintard Ave., Apt 2
Anniston, Ala.
'11. F. Graske
623 Drew st.
City
Lot 2, Blk A.
Peal e Park
Lot 1, Blk A
Feale Park
Lot 8, Blk A.
La Jolla Sub.
Thomes Hamilton
509 pine st.
City
Lot 9, Blk A
La Jolla Sub
Milton R. Tho~ason
Box 1847
lIontgome ry, Ala.
Fred M. Deoke r
Grey Moss Inn Bldg.
Oity
Lots 4, 5, Blk 19
Magnolia Park
Lot 12, Blk D
Boulevard Heigbts
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CITY' COMMISSIOl~ MEETING
July 5. ~949
PASSED AND ADOPrED by the Ci1iy Commission of the City
ot Clearwater, . Florida, this 5th day of July, A.D. 1949.
Harry D. Sargeant (signed)
Mayor-Commissioner
ATTEST:
H. G. Win~ (Si~ned~
City Audi or &. ler
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RESOLUTION
VfiEREAS a publ io .he Br i ng .IE s been beld th is day. after du e
notice and pursuant to the zoning ordinance of the Ci1iy of Clearwater,
Florida on the petition of Walker Bradford. for authority to build a
resid. enc e upon tho e pro party described below with 8 lS-foot set-back
from Cedar stree1i in lieu of the 20-foot set-back required by the City
Zoning Ordimnc e am map, and
'N.HEREAS no objeotions have been made to the granting 01 such
authority, and it appearing to the COmaUssion after due considera1iion
of the petition and facts presented, that said petition should be
granted because of the practical difficulties and unnecessary hardships
in the way of carrying out the present building lines required by the
Zoning Act, which relief is in harmony with the general purpose and
intent of the city Zoning Ordinance;
NOW THEREF\JRE BE IT .RESOLVED BY THE CITY COMMISSION ot the
City of Clear~ater, Florida that the said Walker Bradford be, and he
is hereby, granted authority to build a residence upon the following
descri bed pro perty :
Begin at intersection of south. line of Cedar street
with west line of Osceola Avenue; thenoe West 65
teet, thence South ~E: Vlest 100 feet, thence East
65 feet, tilence Nort~ 160East 100 feet, to p.o.b.
Section 9, Township 29 South, Range 15 East, Pinellas
County, Florida.
with a set-back from Cedar street which will be the same as the set-
back of the houses on the same side of the street and contiguous to
the property of petltioner~ said set-back being about 15 :reet~ in
lieu of the 20-foot set-back required by the City Zoning Ordinance
and map.
PASSED Am AOOPl'ED this Sth day of July, A.D. 1949
Harry D. Sargeant (signed)_
Mayor-Commissioner
ATTEST:
'....,.H. G.. Wl~a1~ned~
..... :.e~1il. Aud or & ler.
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CITY COMM2SSION MEETING
July 5. 1949
HESOLurION
.
WHEREAS a public b.earing has been held this day, atter due
notioe and pur suant to the zoning ord1nano e or the 011;1 ot Clearwater.
Florida on the petitions of Frank W. Willimnson, Alfred P. Marshall
Henr3 Mualler, and Annie Mueller, and Horace Roberts and Alice Mae
Roberts to nave re-zoned as B-Bweines8 Distriot in lieu ot its pre-
sent zoning ot R-2 Residential Distriot aooording to the City Zoning
OrdialDCe and map, oertain property as hereinafter desoribed, and
WHEREAS it appears that all other properties or B similar nature
in the area of said property are zoned for business under the City
zoning ordinance, and that the properties involved are set aside for
business purposes under the restrictions appearing on the plat ot
Suburb Beautiful as tiled by the original subdivider, and
WHEREAS it appears that it 'Was the ol'iginal intent ot the
zoniAg board that the property herein belml described in said subdivi-
.
sian Yf8S to have been zoned fo:r business pllI'poses, slld that the present
zoning map of the Oi ty is in tbat respect ill error, and
WHEREAS no obJe otions have been made to such re-zoning, and it
appea~ing to the Commission atter due consideration of the petition
and facts pr esent ed, that said pe tit ion should be granted becaus e of
the pxaotical diffiou1ties and unnecessary hardships in the way of
car~ying out the present zoning regulations required by the Zoning Act and
map, "hich relief is in harmony with the general purpose and intent ot
the City Zoning Ordinance;
NOW 'lEEREFORE BE IT RESOLVED BY' mE CITY COMMISSION ot the City
of Clear"ater, Florida that the following described property be, and
it is hereby re-zoned as B-Business District in accordance with the
City Zoning Ordinance;
Lots 1,2.3, and 4, Bl~k "A", Lots 1,2,3 and 4, Block "B"
Lots 1,2,3,4 and 5, Block "C", all being in Suburb Beauti-
ful, aocording to the map or plat thereof recorded among
the .t'inellas County, Florida public records, AND the
Nor tll 132.5 feet of Traot "A", the same being a repla t
o~ Blook "D" of said Suburb Deautitul.
IT IS FURTHER RESOLVED THAT mE City Building Inspector be,
and he is hereby auth orized to make such eha JJges as are necessary upon
the of :tic 1al zoning map ot the Cit y as to indicate the action taken in
th 1s reso lLlt ion .
PASSED AND AOOP'rED this 5th day ot July t A.D. 1949.
Harry D. Sargeant (signed)_
ATTEST:
B. G. Wingo (si~nedt--
bl't1 AUcll. tor' ler
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CITY COMMlSSION MEETING
July 5. 1949
ORDINANCE NO. 576
AN ORDINANCE LEVYING AND IMPOSING AN OCCUPATIONAL
LICENSE TAX UPON SELLERS OF CIGARETTES: LEVYING
AN IMPOSING AN EXCISE TAX ON EVERY SALE AT RE-
TAIL OF CIGhRETTES AS DEFINED THEREIN; FIXING THE
RATES aND AMOlJI'll' O..i" SUCH EXCISE TAX.tU'ill .em VIOING
FOR THE PAYMENT TaEREOF TO SAID CITY BY EVERY DEAL-
ER IN OR SELLER OF ANY SUCH CIGAR....:.-rnrTES; PROVIDING
FOR THE UTILIZATION BY SAID CITY OF THE REVENUES
RESULTING THEREFROM; DEFINING VIOlATIONS OF 'llIE
PROVISIONS OF SAID SECTIONS AND PRESCRIBING PEN-
.AL'I'Il!:S THEREFOR; PROVIDING FOR THE SEPARABILITY OF
THE PROVISIONS THEREOF; BEPEALIID ALL ORDINANCES
INCONSISTENT OR IN' CONFLICT ',''ITH THE PROVISIONS OF
SAID ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
SECTION 1. DEFINITION OF TERMS:
That v.nen used in this Ordinance
(a) the work "City" shall mean the City of Clear~ater, Florida;
(b) The masouline pronoun shall inclooe the feminine am
neuter, and the singular shall include the plural;
(c) the word "and" shall also mean "or", and the work "or"
shall .mean "and", when ever the context or pur pos e so requires;
(d) The ~ork ~Person" shall mean and include any individual.
parterahip, society, association, Joint stock company. corporation.
estate, receiver, trustee, assigpee, referee or any other person acting
in a fiduciary or representative capacity, whether appointed by a court
or otb.erwise, and allY combina tion of individuals;
le) The v.ords "City Manager" shall mean and include the
City Mans.ger of the Oi ty and every person duly aut,tlorlzed by him to
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serve as his representative;
(f) The word "Cig5rette" &lall mean any roll for smoking
made wholly or in pert of tobacco, irrespeotive of size or shape, and
whether or not such tobaoco is flavored, adulterated or mixed 'With any
other ingredient, the wrapper or cover of which is made of paper or any
othe r substanc e or .ma terial except to bacco .
(g) The word "sal eft sha 11 mean and inolude ev~ry act or
transaction, irrespective of the method or means employed, including the
use of vending machines and otb.er .aechanical devices, whereby title ot
any package of cigaxettes shal~ be transferred from the seller, as herein
defined, to any other person within the corporate limits of the city, but
shall not include any such act or transaction the taxation whereof by the
City is precluded or prohibit ed under the Constitut ion or the General LaVIIS
of the state of Florida;
(h) The word "seller" shall mean and include every person
engaged in the business of selling cigarettes at retai~ who transfers title
or in whose place of business ti t~e to cigarettes is transferred 'Yiithin the
corporate limit.s of the City for any pur pose other than resale;
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July 5, 1949
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(1) The word "dealer shall mean and include every manu.
fecturer, jobber, whosesele dealer or other person who supplies a
seller with cigarettes;
(j) The word "agent<< shall mean and include every
dealer end other person who shall be authorized by the City Manager to
purchase and af.fix stamps. to cigarette packages under the pl'ovisions of
Section 3 of this Ordinance.
(k)The word "purchaser" shall .mean and include every
person to whom the title of any package of cigarettes in transferred by
a seller \U th 1n the corp orate limit s of the City;
(1) The ~ord "peckagett shall mean and include every
}:8ckage, box, oan or other container of cigarettes, irrespective at
the material from Yihich such oontainer is made, to which the Internal
Revenue stamp of the United states Government is required to be af-
fixed by and under Federal Statutes am regulations and in or from
which retail sales of cigarettes are normally made or intended to be made;
(m) 'D1e word "stamp:!" sooll mean the small gummed piece
of paper or decalcomania to be sold by the city Manager and to be affixed
by an A.gent to every package of cigarettes, but it shall also denote
any insignia or symbol printed by a meter machine upon any suoh package
under the authorization of the city Manager.
SECTION 2. AMOUNT OF OCCUPATIONAL LICENSE TAX: RATE AlID
AMOUNT OF ADDITIONAL EXCISE OR LICENSE TAX
ON SALE OF CIGARETTES.
That in addition to all other taxes of every kind now imposed
by law, there is hereby levied and imposed upon eaoh seller at retail.
ot cigarettes, an occup~tional lioense tax to be paid in the smne
manne r ani a t the same time as other ocoupati onal lie ense taxes, as
prescribed by ordinance No. 479 of the City of Clearwater, Florida,
1n the amount of $3.00. And there is hereby levied and imposed by the
City upon eaoh and every sale of cigarettes, on and after the 1st day
of September, 1949, an additional exoise or license tax, the amount
whereof, to be paid by the dealer or seller in the nanner hereinafter
prescribed, which shall be one cent (l~) for each ten (lO~) cents or
major fraotional part thereof of the retail price, exclusive of such
excise tax, at whioh any oigarettes are sold; provided, however, that
the foregoing provision shall not preclUde the ~dealertt or seller
from colleoting the amount of such tax from the purchaser of cigarettes.
SECTION 3. PREPARATION AND SALE OF STAMPS BY CITY AND
DUTIES AND POWERS OF CITY MANAGER IN CONlrnC-
TION 'lHEREWI'lH.
Tha t the exois e tax imposed by Se ct ion 2 of th is or dinan oe
shall be paid by every dealer or other agent by affixing a stamp or
stamps, or causing a st~p or stamps to be affixed to each and every
package of oigarettes in the manner and at the time or times here1n~
after stated. Every dealer 1n theCity shall have the right to buy
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July 5, 1949
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and affix such stamps as an agent, and the City Manager may appoint
in addition to dealers, such other persons as agents for the pUl'pose
of buying and affixing stamps as he may deem neoessary; provided, how-
ever, that a seller shall not be entitled to be appointed as an agent.
Every agent shall a t all times ha ve the right to appoint a person in
bis employ to affix the stamps to any package of cigarettes under the
ar,ent's control. ~"or the purpose of eking such stamps available for
use by derlers ond other agents, the city Manager shall prescribe,
prepare, furnish and sell stamps of such denominations and quantities
as may be necessary for the payment of the excise tux ill1,posed by said
Section 2. In the s ale of such stamps to a dealer or other agent the
City Manager shall allow a discount of ten per centum (10%) of the de-
nominational or face val ue thereof to cover tAe cos t which 'Will be in-
curred by such dealer or agent in affixing the stamps to cigarette pack-
ages, and in the event that printing by a meter machine is used in
lieu of gummed stamps, there shall be all~Jed a further discount equal
in amount to the cost to the city of the stamps that would otherwise
be required.
The City Manager may from time to time, end as often as he
deems advisable provide for the issuance and exclusive use at stamps
of a new design and forbid the use of stamps of any other design, and
he 1s hereby empowered to make and carry into effect all such reasonable
rules and regulations, relating to the preparation, furnishing and sale
of stamps as he may deem necessary. He is hereby further authorized
an empow ered to prescribe the .me thod to be employe d and the c ondi t ions
to be observed in the use of meter ~chines for printing upon packages
of cigarettes insignia to l'epresent the paynent of said excise tax.
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SECTI ON 4. DUTIES OF DEALERS .AND OF SELLERS WITH RESPECT
TO EXCISE TAX ON SALE OF CIGARETTES.
Too t every dea1er in cigarettes is !lereby required and it
shall be his duty to purchase such stamps at the officeof the city
Manager as sha1l be necessary to pay the excise tax imposed under th e
prOVisions of Section 2 of this ordinance, and to affix a stamp or
stamps of the monetary val ue prescri bed by said section 2, or cause
such stamp or stamps to be affixed, to each package, of cigarettes
prior to delivering or fur niahing sue h cigarettes to any sell er; pro-
vided, however, that nothing herein contained shall preclude any deal-
er from author izing and employing any other agent to purobase and af-
fix such stamps in bis behalf or to have B stamp meter machine used
in lieu of gummed stamps to effectuate the prOVisions of section 20t
this Ordinanoe. Stamps or the printed markings of 8 meter maohine
shall be pIeced upon each reckage o"f Cigarettes in suen manner as to
be readily visible to the pur<ilaser. Every seller is hereby required
to examine every package of cigarettes prior to exposing it for sale
for tne purpose of ascertaining wbether such paokage bas the proper
exoise stamp affixed thereto in compliance with the provisions of this
Seotion. It, upon such examination, unstamped or 1aproperl1 stamped
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July 5, 1949
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paCkages of cigarettes are discovered, the seller shall immediately
notify the dealer from whom such packages 'Were obtained, and upon suoh
notification the dealer shall forthwith either affix to such unstamped
or im..PI'operly stamped paokages the pro per amount of stamps or shall re-
place such ~ckages with others to which stamps have been properly af-
fixed. If a seller shall obtain or acquire possession ot ~nstam~ed or
improperly stamped cigarette paokages f rom any person other than a
dealer, the seller shall forthwith notify the City Manager of suob faot
Ilnd the City Manager shall thereupon designate an agent to affix the
prope r stamps to such cigarette packages the funds r equlred to pur-
chase Buch stBJI',PS to be advanced to such agent by such sell er. In
tne event that any packages of cigarettes are found in the possession
ot a seller without 'the proper stamps being affixed thereto, or without
authorized printed markings of a meter machine thereon, and the seller
shall be unable to submit evidence establishing that he received such
packages within the immediately preceding twenty-folU' (24) hours, the
preswnption shall be that such packages are beirg kept by the seller
1n violation of the provisions of this section, and shall subject him
to all of the penalties hereinafter provided. In the event tnat the
City ,Manager shall promulgate rules and regulations so .requiring ever,'f
dealer, agent or seller is hereby further required and it shall be
.his duty to cance 1 all stamps upon .Pi clmges of cigarett es in aoco.rd-
anc e wit h such rules and regulat ions. It shall also be the duty ot
every dealer and seller, and he is hereby required, to mlintain and
to keep for n period of two (2) years such records of oigarettes re-
ceived and sold by him as may be required by the city Manager, t.o
mke all of such records available for examination by the City
Manager upon demfUld, and to make available to the City Manager the
neans, facilitie sand oppor tunity for making any such eJCamlnat ion at
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SECTION 5. POWERS OF CITY MANAGER REIATIVE TO EX-
CISE TAX ON SA~ OF CIGARETTES.
That, in addition to the powers granted to him in sections 3
and 4 of this Ordinanc e, the City Manager is hereby aut hori zed and
empowered to prescribe, Fldopt, promulgate and enforce rules and re-
gula tions re18 ting to (a) the met,hod 11m ID3ans to be used in the can-
cellation of stamps, (b) the oonditions governing and tile procedure
to be observed ~ith respect to refunds to be made in the event that
the C1 ty Manager shall b~ satisfied that cigarette packages to 'Which
stamps shall have been affixed ba. ve become am VI ill continue to be
Wlava11able for sale in the City, Ce) the delegation of any of his
powers to his representative o~ representatives, and (d) any other
matter pertaining to the administration and enfo.rcement of the pro-
visions of sections 2 to 4, inclusive, of this Ordinance. The City
Mamger is hereby authorized and empowered to examine books, xeoords.
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July 5, 1949
invoioes, papers and any and all cigarette packages in and upon any
premises where the same are plaoed, stored, sold, offered for sale
or displayed for sale by a seller. In the event that the City Manager
shall discover any oi garette paokages which are subject to the excise
t~x imposed und er the provisions of Section 2 of this Ordina nee, but
upon whioh such excis e tax has not been paid. or upon which stamps
nave not been affixed or evidence of payment shown thereon by the
p.rinted markings of a meter DEchine in compliance v.ith the provisi ons
ot Sections J and 4. at this Ol'dLnance, the city Manager is hereby
authorized ani empowered to seize nnd take possession forthwith of
such Cigarette packages. which shall tnereupon be deemed to be forfeited
to the City. The City Manager may ~itnin a reasonable time thereafter,
by public notice, given at least rive (5) days before the date of sale,
sell suoh forfeited Cigarettes at a place designated by him, and from
the proceeds of such sale shall oollect the tax due the reon, together
with a penalty of fity per centum (50%) thereof and the costs incurred
in such proceedings, and shall pay the balance, if any. of such pro-
oeeds t a the seller in wh ase possession such forfeited clgarett e plck-
ages were fo und; pro vided, how ever, the t such seizure and sale sha 11
not be deeIre d to relieve any pe rso n f rom any ot the penalt les prov 1d ed
in Section 9 of this Ordinance. The City Manager is further authorized
and empcwered to require the taking of oaths and affidavits before
qualified persons in relation to any matter or proceedings in the exer-
cise of his powers ana duties relating to such excise tax, and he shall
.ha ve power to su bpoena am to require the attendance of v;itIE sses and tm
produotion of books. papers and docwments and to examine such witnesses
tor the purpose of securing intorma tion pertinent to the performance at
such duties.
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SECTION 6. UTILIZATION OF MONEYS DERIV1!.'D BY CITY
FROM EXCISE TAX ON S.ALE OF CIGARETTES.
That all moneys derived by the City from the excise tax on
the sale ot cigarettes imposed under the provisions of Section 20f
tnis Ordinance shall be deposited by the City Manager to the credit
of the General Fund of the City ~or utilization for such legal purposes
as the City Commission may f rom. time to time determine.
SECT! ON 7. VIOLA. TIONS DEFINED.
That it shall be unlawful and a violation of this Ordinance
for any pe rson to pertor m any a ct, or to fail to perform any act, for
the purpose ot evading the payment 0 f such excise tax, or ot any part
the reaf; or for any dealer or seller to fail or refuse to perform any
01 tbe duties imposed upon him under the provisions ot Section 4 of
this Ordinance, or to fail or refuse to obey any lawful order which
the City Manager may issue under tbe provisions of Seotion ; of this
O.rdimnce. It shall also be unlawful for any person falsely or fraud-
Lllently to make, ta.rge, alter or counterfeit any stamp or the printed
1D.8J.'k1ngs ot 8 .meter machine, or to prooure or CBllse to be mde, forged,
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CITY COMMISSION MEETING
July 5, 1949
altered or counterteited any such st8lllP or printed Jllarklngs ot a meter
DBohlne or knoll/lngly and ?/11fully to alter, publish, pass or tender 8S
true any false, eltered, forgad or oounterfeited stamp or stenps or
printed markings ot a meter machine. It shall further be unlawful tor
any person to sell and dispeme throueP a vending maohine or other
meohanic al devioe any cigarettes upon wh 100 such exoi se tax has not
been paid and upon wh lch evidenoe of the payment thereot is not shown
on eaoh package of oigarettes.
SECTION 8. EACH VIOIATION A SEPARATE OFFENSE
That each violation of, or non-complianoe wlth, any of the pro-
visions of this Ordlmnce aha 11 be and constitute a separate offense
and shall subjeot every person guilty thereof to all of the penalties
presoribed in section 9 of this ordinance.
SECTION 9. PENALTIES FOR VIOLATIONS
That every person vidating any of the provisions of this
Ordinanoe shall. upon oonviction, be fined not more than two huDflred
dollars, ($200.00) or be imprisoned for not mare than ninety days, or
shall be both fined and imprisoned, in the disoretion of the Municipal
JUdge.
SECTION 10. EFFECT OF PAYMENT BY THE STATE TO
THE CITY OF ANY CIGARE'r'l'E TAX.
In the event the state of Florida shall provide for the payment
to the city of Clearwater of any portion of any tax colleoted by the State
on Cigarettes, the tax levied by this Ordinance shall be reduced by a l1ke
amount.
SECT! ON 11. SEPARA.BI LITY OF PROVISIONS.
That it any section, part of section, sentence or olause of this
Ordlnanc e shall be adjudged to be invalid by a co ur t or competeJl't juris-
diction, such decision shall not affect the validity ot any other portion
ot said Section but shall be restricted and limited in its operation and
effect to that speoific portion of said Sections involved in the litiga-
tion in ~ioh suoh decision shall have been rendered.
SECTION 12. REPEAL OF INCONSISTENT AND CONFLICTING PROVISIONS.
Too t all or dimn ces or parts of ordinances, in so far as the,
are inconsistent with or 1n conflict with the provisions of this Ordin-
ane e be, and the same are hereby repealed.
PASSED on its first reading the 20th day ot June, A.D. 1949
PASSED on its second reading as amended the 27th day of June, A.D. 1949
PASSED on its third reading as amended the 5th day of July. A.D. 1949
Harry D. Sargeant (signed)
Mayor-Comm1ssioner
ATTEST:
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CITY OOMMISSION MEETING
July 5, 19'9
There being no further business to oome before the Board, the
meeting ~a8 adjourned.
ATl'EST:
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CITY CODfMISSION n�EETING � � ,3
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The City Commissicn of the City of Clearwater met in regular session the
evening of July 5, 1949 at 7:30 P.M, in the City HaYl wit� the Yollawing mem-
bers prese� :
Harry D, Sar�eant - Mayor Commissioner
E. B. Casler, Jr. - qommissioner
Herbert M. �ranrn - Commissioner
Leland F. Drew - Commissioner
Guy L. Kennedy - Commissioner
Absent - None
Also Pre�ent: F. C. �iddleton - Acting Cit,� Manager
George MeClamma - ChieP oP Police
Ben Krentzman - City Attorney
The meeting having heen called to order� the minutes oP the regular meeting
of June 20th and the specia 1 meeting oP June 2'7th v�ere re�d an3 approved.
The request o� Slincent H. Dixon that Lots 1-1�, Hlock A, Suburb Her�ut iful be
zoned as business property and a peti.tion signed by- the owners oP lots f ront ing
an Gu1P-Bay Boulevard, in Blockg A, B, C, & D in Subur b BeautiPul that these lots
be zoned for business v:ere presented to the Comm.ission. I,ots in Suburb Beautif ul
Pronting on Gulf-�Bay Boulevard were designated as business property on the subdivi-
sion plat, hut were shown on the Zoning b2ap as R2. The City Attorney presented a
resolution which �vould change the classiPication oP_ those lots �ronting on Gu1P-Bay
Boulevasd Prom R2 to Busi nesa Zoning, A Public Hearing having been advertised and
no objections having �een made,. Commissioner Casler moved that the resolution be
passed. Commissioner Brow;n seconded the motion and it carrierl unanimously. Com-
missioner Casler moved that Mre Di$on be granted permission to erec�t a f illing
station on zots 3& 4, Block A, Suburb BeautiYul. The motion was seconded by
Commi�s3,oner Brown and c�rried by the un�nimous vote oP the Commission, �3rs. Anna
Mueller stated to the Comm.isaion that she would like to h�ve the rear lots in Suburb
BeautiYul changed Yrom R2 to Rl Zonir.g. Mrs, b�ueller was informed that tfiia would
have to be su3mitted to a rePerendum along with other proposed amendments to the
Zoning Ordinanc e.
The City Attorney presented a resolution which would grant ]12r. �Kalker Bxadfoad
permission �or a 15 Yt setback on his property on the south side oY Cedar Sta west
oP Osceola xve. No obj�ction being � de, Commissioner Gasler moved that the Resolu-
tion •be passed with the amendment that the setback be made to conform with the houses
west oP Mr. BradYord�s'property, Commissioner Kennedy seconded the moti on and it
carried unanimously.
4n a�otion by Comciissioner Drew, seconded by Comr�issianer Casler an�i unanimous-
ly carried, the City Manager �Has instruc ted to rejeet all bids which were submitted
for a cont ract to maintain a continuous audit qY the city's books.
On a motio n by Commis��ner Kennedy, seconded by Gommissioner Casler and unani-
�ously oarrie d, tne proposed amendmen t to Garbage Gollect3on Ordinar� e was aeferred.
Commis sioner Brown stated that the Committee on the Spring Court raatter had .
invited �r. A. N, Smith to meet with them to discuss the matter but he had not dcne
so, and the Committee ha d no further report to make at t�is time.
The City Clerk read a letter Prom Mr. Guss V'ilder addressed to the Gommission,
in wh ich Mr. Wilder compliment ed the Commissioners on the manner in which they con-
ducted the city�s afPairs and commended them for thei.r efficiency �nd good jud�ent.
Commissioner Brown moved tha t recaipt aP Mr, Wilderts letter be acknowledged rr-ith
thanks. The motion was seconded by Car,unissioner Dre�v and carried unanimously.
The Clerk read a letter addxessed to the Mayor Prom h4rs. 4"'illiam Brame, 19$0
�ulf-Bay Boulevard, who suggesteS that the speed limit on Gulf-Bay Boulevard be
reduced to 3g miles per hour. Commisgioner Casler move3 tha�c Mrs. Brames letter
be reYerred to the C'ity M�na�er and receipt of th e letter be acknowledged. Com-
miesioner .Ke_nnedy seconded �he motion and it carried unanimously.
Mayor Sar�eant reported that he had wired tha Manager op the Philadelphia
P�illies the invitation to Eddie 'Naitkus to convalesce in Clearwater, btzt had
not yet had a reply -to his telegram.
Qn a motion by Cosnmissioner Casler, seconded by Commissioner Drew arxi unani-
mously carried, the Commission authorized a one years extens ion oP Dr. G, g. Clantons
lease on South � of Block Z, Causeway Business District at a rental of ��5,00 per
month .
On a motion by Commissioner Drew, seconded by Commissioner Brown and unanimously
carr3e d t�he lerase agr�ement between the City arzd the Veterans Holding Corporation was
xeterred to the City Attorney.
The pro posed pla� of the Roberson Subdivision was not reac�y �oa presentation at
this time,
Acting City Manager Middleton rep oxted that the land on which Capt. Tom Devlin
had reque sted a leas$ was elready under lease to t�he Clear�rater Yach� Club. Com-
missioner Casler moved tizat Capt, Devlin be informed that the land is not available
for lease. �he mot3on was seconded by Commissioner Drer� and carried unanimously.
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GITY COMh27:SSTON ME�TING -y It�,
,Tuly 5a 949
Commissioner Ca�3�r r�iovad that Ordinancse #576 levying a tax on oigarettes
be passed on the third rPa�3ing: The ,inotion was secona�d by Commissioner Kennedy
and carried. Vot3ng "ayett Mayor Sargeant , Commissioners Brown, Casler, Drew and
Kennedy. Voting "no" none.
Comm.issioner Drew ipoved that authorization be given fos the experiditure of
$625.77 to cover ttie difYerence in cost of water mains on Turner Strest and Pine
Street between the �"2500 paid by the Black Realty C�m,pany and actual costs of the
mains. The moti.on vr'as seconded by Commissioner Brawn and carried unanimously.
On a mo�ion by Commissianer Casler, seconded by Commissioner Kennedy and
unanimously carried the Commission approved an egtension oi' 4,50 �t of 2 3nch
water main on Gilbert St, at an estimatsd cost of �430.00.
Commissioner Drew moved that the Commission approve an eatension oP 60 ft, oi'
1 inch gas main on Madison St. at an estimated cost of �30,00. The motion was se-
conded by Commissioner Brcnv�n aixi carried unanimously.
On a motiqn by Commissioner Caslex, seconded by Gommisaionar Drew and carried,
the Commission approved the Clerks action in purchasing lr�ts b3 & 64, Drew Park and
lots ll & 12, Block C, Coachman Heights from the Caunty.
A petition signed by 1�5 persons was presented to the Commission. The Fetition
requests that the city p�ve and curb, with permanent msterials, Piriellas St. Yram
S. Ft. Harrison Ave to G�eenwood Ave. Commissioner Kennedy moved that the m��tter
be rePerred to the City �tanager for him to acquaint the getiti3ners with ihe methods
of Yina�ing sueh improvements and to inform them that tkte city has no Punds available
fctr �tY.e proposed improvements. The motion was seconded �,q Commissioner Drew end
carried. unanimously.
ihe City Manager sutmitt�d a Resoltrtionwhich �+�uld xequire seven property
owuexs to clean their lots oP grass, weeds an� under�rush. On a aiotion by Cam-
mi:ssioner Bro�,u, seconded hy Ccmmissioner L'asler and unanimously carried the
Resolution was adopted.
The Cc�mmission ac3journed and �itting as Trustees of the Pension Fund aporoved
the admission �nto the Pension P1an of Homer D. �inchaw, Alton Sm1.th and Glive Ray
Avera, on motions by Commissioner Brown which V�ere seconded by Commissioner Drev� and
carried unanimously.
The various �pers, letters, resolutions and etc. ment,ioned in these minutes
are set out below and are hereby macie a part t,hereoP.
Ju19 �-, 1949
b2ayor-Commissioner Harry D. Sar�aant
Commissioners:
E. B. Casler, Jr.
Lels.nd F. Drew
Guy L. Kennedy
Ferbert M. Brown
Gentlemen •
There will be a special meeting of the Commission at 7:30
Ptui in tne Gity Iiall, Jaly 5, 191�9, in lieu of the reg�alar meet-
ing of July l�th .
Yours very txuly,
(signed} F, C. Middleton
. F. C. h�iddleton
R Acting Gity �lfanager
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AGII�TD�
1. Reading oP minutes of regul:ar mEeting oP J'un� 20 and minutes oP
SpeciaZ Meeting oP �une 2�,
2. Report oP the Committee appointed to recommend amendment to the
garbage collection Ordinsace, incieasing the charge for those
receiving daily collections,
3e Presentation of letter Prom Guss Wildere
4. Report Prom Mayor Sargeant re Yhiladelphis,Phillies,
5. Renewal oi lease to �r. Clanton, 320 Cleveland ,Straet.
O
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' CITY COMMISSIGI3 DtlEETIhG Z„ �s--
Ju Y , 49
6. Report oP the City At�orney and �ngitzeer on the requ�st Yos
appro�;al oP Roberson's PZat.
7. Report of thz C3ty A�torney on the request of Mr. Bradford tor
1.5 Yt. set-back instead of 20 Yt, set-back on the corner of Cedar
and Nor�h Osceola. '
8. City Manager reports on Captain Devlfn's request for lease of'
property on Mandalay, which is naw under lease to the Clearwater
Yacht Club. The Yacht Club lease is bounded on the South by the
center oP the slip.
9. Consideration oP the third reading af the Oecupation 3�icense Tax
on sellers of tobacco ;products,
1Q. Consideration of a P7oxk Order Por �625,'7'J to cover the diPference
in cos t between. w�at the Black Realtp Co, pa id Por bf� water Dipe
on Turner and 2�� water pipe on Pine Street - oP �2500.00.
11. Consideration of a�,50` extension oP 2" water mnin on Gilbert
referred baek to the Gity N'ianager at the N:eeting oP the Commission
on June �0.
12. Consideration o� 60s extension oP 3+� �as main on hiadison 5t�eet, re-
ferre•� back to the City E7anager at the Commission &Seeting Tune 20.
13. xpproving the City Glerk�s purchase oP 1.ots 63 and h4, Drew park
Subaivision on June 21, to be used in the widening oP h4yrtle St.
at tax sale Yor �¢610.60, also Lots 11 and 12, Block C, Coachmans
Heights ?tevised Subdivision, Por the widenin� oY Co�trt Street-
�210.20. The City will receive approximately one-ha1P oP this
total �mount o�' rePunds Pxom the County.
14. Presentation of a petition to impro�e - psve and repave and curb
Yinellas Street Prom South Ft. Harrison to Gre:enwood Avenue.
T5. Report on the Committee relative to Spring Court,
lb. Consi derati on cf Pro nosals Por a Continuous Audit of the City Books �
1�. Resol:ution ordering prop�rty auners to clean their lots of weeds and
grass.
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JulY 4, �949
The Magor
Cit� �iall
Glearwater, Fla. ,
Your Honor:
i�y husband and I are starting a bus ine'ss at the above address
which may eventually proBide .employu�nt far a considerable number
of Gleerwater pec�pZe .
We, and otl�er busine ss ventuaers in this area, are handicapped
by �he extreme speed of traffic on Gulf-to-Bay Boulevard. The le�al.
limit in this area, as y�u know� is 4� m, p, h.; but cars constantly
pass hese at 60 to �0 m,p,h., making tiu�ning in a drive exta�emely
hazarc�ous. Frequently I h�ve to wait 5 to 10 minutes to get out of
our driveway.
I am not suggesting that tt�e road be patmlled any more Prequently
by the police, as drivers alw ays slow down st gight oY a police car.
Neither am I asking Por any signs which would give the impression tt�t
�he police of this city are out to errest people, as I think the
reasonableness and courtesy af our poaice force i.s one oP Clearw�ter's
greatest asssts.
?1lhat I would like and u;y neighbor s wo uld like ia to haue th.e
legal'limit in this area reduced to 35 m, p, h. �as it is a little
farther dowr. the road, Then folks u►�uld drive about 45 or 50;
customers could get in, and we could get oui.
TNe wi1Z all appreciate yotzr hel� with our problem. The nn left
turn reguletion off route 19 on to C.leveland has hurt business �n this
district; a slowing of traPfic would help to compensate.
Respectfully qours,
(�igned) Helen �reme
bTrs. lNm. Brane
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CI'I'Y COMMISSION MEETII� 1" I G' CITY COMMISSION MEETING
Ju y, 94 'u Y. 94 .z�- l 7
sune 2g� 1949 Ju].Y 5. 1949
Ciby Commissioners Honorable City Commissioners
Clearwater, Clearwater, Florida
Flor i.da.
Gentl emen:
Gentlemen •
� A� Tx�stees oi the Ci�y of 4learwates Emplayees
`` I hftve been P�llowi.ng the press reports, particularly Pension Fund� you are hereby notiPied that Clive Ray Avera,
. on the ePforts of you gentlemen to work out financial afYairs Policeman at t�e Police L�epartment , has been dt�ly examined by
of the City as the various questions confront you. Sometimes a local physician and designated by him as a"Yirst class"
the pe�ty, adverse criticisms that are heaped upon you by an xisk.
app�rently unappreciative and possibly* unthinking public get
` my goat. I can't conceive of any mar, or group oY men af normal The above employee began his sexvice with the
tniffis agreeing absolutely on everything in a business wey or City on January 1, 19�.9. He is undex �5 yenrs of age and
otherwise atKi it seems to me that liPe in such setup would meets the requirements oY our Cia�ssiPied Service. I� is here-
indeed be a dull, drab existencee It wo�ld be so ins:.pid by recommended by �he I�dvisory Comnittee that he be aocepted
ar�d meanir�less that I woul3ntt care to exist under it. If intt� membership,
yot�r number or some of you doti't see eye to eye with me I
compliment you or respeetfully present my views and �et out Ve:ry Truly yours,
of sour hair becsuse we asked you gentlemen to serve us and 4DYISORY COMMITTEE of the
in my opinion, you e.re doing a wondarful job oP it. � am City Emplogees Pension Fund
very a ure I co uld.n't do it and I don't have the public
spirit oP service that vnould prompt nie to take tim� out from '
my bnsiness and regular occu�tior as you �entlemen are do- Chas. P. PGolone (si ned)
ing and serve the public evan �or pay, but you are doing it r es , �,io oney, res.
without pay. I just want to thank you profoundly and am not
hunting a job or seeking a Ya.vox. � am just trying to' "Render
unto Geasar th e th ings that are Ceasar * s" . Vte should thr ow Frank Abernath9 { signed )
the bouquets whiie people are living and brickbats, iP any, Fran A ernat y
aYter they are dead s�d you gentiemen certainly do mexit the
bouquets. I especielly have in mind the vari�us squabhles
at your last meeting and the calmness with which yp�a gentlemen Paul �ene (signed)
endured it all and then went on with what seemed to yeu to Paul Kane
be best. I cbn't agree with you on everything you did but
I can't think of anything that would be ts�tter and I do �now * * *
that ,you thought of and presented several things tnat' had n�t
occured to me at all but eppear to me to be just ss nesrly
ideal as humanly'possibleo You must have done a lot oP
�aY 23, 1949
thinking about it.
ABain thanking yon, I am,
Honorable City Cammissioners
Sincerely and respectfully,
Clearrrrater, F1Qrida
(signed) Guss Wilder Geniiemen:
As Trustees oP the Cit,v of Clearwater Employees
* � ,� Pensicn I'und, you are hereby notifieci t,hat Homer p. Minchew,
Pipe Fitterts Helper at the City Gas Plant, has been duly ex-
amined by a local physician and desigraated by him as a��first
July 5.� 1949
class" risk,
The above �ployee began his service with the
Ho��r_able City Commissioners City on December 29, 19[�8. He is under 45 years oP age and
Clearwater, Florida mee�s �he requirements of our ClassiYied Service. It is here=
by r�commended by the Advisory Committee that he be accepted
Gentlemen: into membership.
As Trustees oY tne Citq of Clearwater Employeea Very t�uly gours,
Pension Fund, you are hereby notif ied that klton Smith, Laborer ADPISORY COMMITTEE of tf�e
_ ' at the �ublic gervic e Department , has b een auly examinea by City Employees Pens inn Fund
a local physician and designated by hi� as a�TYirst class'P
r�Ska
, Charies P. Moloney (si�ned)
The abov2 emploqee began his service with tl�e C�iailes .�� oloney, rel� sicTent
Gity on D�cember 6, 1948. He is under 45 years oi' age and
m�ets the requirements of our Un-cYassiPied Sexvice, It is
h�reby recommended by the Advisory Comciittee that he be accepted �rank Abernathy (signedj
into m�beiship. FranT A ernathy
yery truly yours,
ADYISORX GOh'1MIT.TEE oP the Paul Kane (signed)
g City Employees Pension Fund s� ul Kane
Chas P. Moloney (sigt�ed) * � *
CTiarles P-�oloney, 1Tresi�ent
6
� Frank Abernathy (signed)
Fran Abernat y
t
Paul Kane (signed)
au a e
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CZTY GObthiTSSION MEETING
Ju y ,
PETITION FOR STREET IMPROVFSIfINTS
To hiapor Harry D. Sargeant ; and
The Gity Commissioners oP Clearwater
C"learwater, Florida.
t�Je, the undersigned, property ownexs and taxpayers o�
the City of Clearrvater, respectYully petition the
" Citq oP Clearylater to pave, re-pave and curb with
permanent materials Pinellas Street, Yrom South Fort
�arrison Avenue to Gree�arvood Avenue, the greatgx
portion of whi�h street bed is now in deplor�ble condi-
tion and is a meaace to traPYie and safety.
Respecti'ully submitted,
Signed by 4y. property owners
* * *
RESOLUT ION
WHEREAS: it has been determined bg the City Oommission
oY the City of Clearwater, Florida, that the property descrihed
�elow stiould be cleaned aP weeds, grass and/or undexbrush, and
that aPter ten (10) d�ys notice and failure oP the owner thereo�
to do sof the Gity should clean such property and charge the
costs thereof against the respective property.
N0�"7 T�REFORE BE IT RE50LVED by the City Commission
oP the Citv of Clearwater, Florida, that the following described
property, siturte in said City, sha11 be cleane3 oP weeds, grass
andJor undexbrush within �ten (10) days after notice in �;riting
to the a+uners thereoP to do so and that upon Psilure to comply
Nith said notic e, the City shall perform suc h cl eaning and
char�e the costs thereof against the respective properties in
accordance with Section 128 of the Cl�irter of the City of Clear-
water, as amended,
Owner Property
DAnal d F. Hayden
13ag N. Garden Ave. Lot 14
City Merritts Replat
E. G. ��eber
1020 Monmouth St. I,ot 2, Blk A.
Nev�port, Kyo Peale Park
�rs. Ronald D'Hara
Quintard ��e., Apt 2. Lot 1, Blk A.
Anniston, Ala. Peale Park
T11. F. Graske
6z3 Drew St. Lot 8, Blk A.
City La Jolla Sub.
Thomes Hamilton
S09 Pine St. Lot 9, Blk A.
City La Jolla Sub
�ilton R. Thorcason
Eox 18t�7 Lot a 4, y, Blk 19
M�ntgomery, Ala. Ma�noiia Park
Exed DG. Decker
Grey Moss Inn Bldg. Lot 12, Blk D
City Boulevard Heights
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cT�r co�zsszorl ��.TZNc
JuY , :949_
PASSED AND ADOPI'ED bq the City Commission of the City
oY Clearvrater, ' F'lorida, this 5th day oY July, A.D. 1949.
Aarry D. Sargeant (sig,aed)
Mayor-Comm ssioner
A�T�ST:
H. C�. Wingo (si�nPd)
�ity Au tor w C�.er�C—
* * *
RESOLUT'ION
�RF.�SS a public hearing has been held this day, fifter due
notice and pursuant to the zoning ordinance of the City oP Glearwater,
Florida on the petition oY FNalker BradPord, Por authority to build a
residence upon the property described belovi with a I5-Yoot set-baek
Prom Cedar Street in lieu of the 20-foot set-ha�k requ3red by the City
Zoning Ordinance a�l nap, and
'M�REAS no objections have been made to the granting oP sueh
authority, and it appearing to the Commission aPter due consideration
of the petition and Pacts presen�ea, that said petition shou�d be
granted because of the practical diYYiculties and unnecessary hardships
in the �vay of carrying out the present building lines required by the
Zoning Act, whieh relief is in harmony with the general p�pose and
intent oP the City Zoning Ordin�nce;
NOW THERE�RE BE IT RESOLVED BY Tf� GITi: COMb4ISSI0N of the
City oP Clearwater, Florida that the said l"Ialker Bradford be, and ,he
is h�reby, granted authority to build a residence upon the Pollowi�g
described property c
Begin st intersection of south line of Cedar Street
with v�est line of Osceols Avenue; thence West bs
feet, thence South 16°West 100 Peet, thence East
65 feet, thence North 16'East 300 feet, to p.o.b,
Section 9, Township 29 South, Rar�e 15 East, Pinellas
County, Florids,
�Nith a set-back Prom Cedar Stxeet which wiTl be the same as the set-
back af the houses on the same side oP the street and contigucus to.
the property of petitioner, said set-baek being about 15 feet, in
lieu of the 20-foot set-ba^.k required by the City Zoning Ordinance
an� map.
P�SSED A1VP ADOP�L'ED this 5th day of Julq, A.D. 1949
Harry D. Sar�eant (sigaed)
Mayor-Commiss oner
ATTEST•
H. G. Win�o {signed)
Gity Auditor & Clerk
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CITY COB�ISSION MEETING
July , 94
RESOLUPION
WHEREAS a public hearing has been held this day, aPter due
notice and pur suant to the zoning ordinanc e o� the City oY Clearwater,
Florida on the petitions oP Frank CY. YJilliamson, A1Pred P. Marshall
Aenry Mueller, and Annie Il�Iueller, and Horace Roberts and Alice Mae
Roberts to have re-zoned as B-Busineas District in lieu of its pr$-
ser.t zoning of R-2 Residential District accordinf3 to the City Zoning
Ordinanee and map, certain property as hereinafter described, and
'vVf�REAs it appears that all other prt;perties oP a similar nature
in the erea oP said proper�y are zoned for business under the City
zoning ordinance, and that the properties involved are set aside Por
business purposes under the restricti�ns appearing on the plat of
Suburb Beautiful as filed by the origint-il subdivider, and
VVE�R�t�S it -appears that it was the original intent oP the
zoning board that the property herein belaw described in said subdivi-
.
sion was to have been zoned Por business purposes, axrd that the present
zoning map oP the City is in that respect in error, and
V�REkB no objections have been made t� such re-zoning, and i�
appearing to the �ommission after due consideratiatt oP the petition
and Yacts presented, that said petit ion should be granted hecanse oP
the practical diPficultie,s and unn�;cessary hardships in the wa3+ of
carr�ing out the present zoning regulations required by the Zoning Act and
map, which relieP is in harmony with +..he generaZ purpose and inten� oP
the City Zoning Ordinanc e,;
N0�1' THEREFORE BE IT RESOLVED Bv TH� CITY COMMISSION oP the Citiq
of Clearwater, Florida that the Pollowing described property be; and
it is hexeby re-zoned as B-Business District in accordanee with the
City Zoning Ordinance;
I,ots 1�2�3, ana 4� B1oCk "A", Lots 1,2,3 a21$ 1,�.� $lock "B"
Lots 1,2,3,l� and 5, B1Ack TMC", all being in Suburb Beauti-
Pul, aacordir� to 'the map or plet thereof recorded among
the �'�nellas County, F'lorida public records, AND the
North 1,32.5 Peet oP Tract TMA", the same being a replat
of Block TMD" of said Suburb �se�utiful.
IT IS FURTI.�R RESOLVED TrAT 'PH�, City Building Inspec.�or be,
and he is hereby aut�orized to �nake such changes as are necPssary upon
the oPficial zonir��3 map oP the City as to indicate the action taken ia
this resol�*iion.
PASSED l�TD kDOPTED this 5�th day oP July, A.D. 1949e
ATTESTx
H. G. Wingo (siQned)
c1'ity Auditor & Cler�
Harry D. Sargeant {�igned�
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CITY GOM�IfISSION MEETING � r,,, �
,7'u Y r
ORDINANCE N0. 576
AN ORDINANCE 7�EVYING AND IMPOSING AN OCCUPATIONAL
LIC�TSE TkX U�Otd SII,LERS OF CIGARETTES: LEVYING
AN IlJIPOSING A}.V EXCISE TAX ON EVERY SALE kT RE-
TAIL UF CIGi��TTES �1S DEFTNED THEE2EITd; FIXING THE
RATES tuiD A�GOiJNT 0�+' SLfCH E�CISE TAX kivD 1'Fd� VIDIIJG
FOR. THE PAYMENT THEREOF TO SFi7D CITY BY EVERY DEAL-
ER IN OR SEZLER OF ANY SUCH DIGARET'iES; PROVIDING
FOR `PI3E UT'ILIZATIOP7 BY S1LID CI'i'Y OF THE REVENUES
RESULTING THEREIRONi;: DEFINII3G VIOi.4TI0NS OF 'ffiE
PROVISIONS OF SAID SECTIONS AND PRESCRIBING PEN-
ALR'I�S TH�REFOR; PROVIDING FOR TEE SEPARABILITY OF
TF� PROVISIONS THEREOF; REPEALII� AI�L ORDINANCES
INCONSISiENT AR IN CONFI�ICT '.4ZTH `I'H3: PROVISIONS OI+'
SAID ORTiINANCE.
BE IT ORDAINED i3'i' 7.'f� �ITY GO1fQMTSSION OF THE CITY OF CLEAR?'JATEB,
FZORIDA:
S�CTION 1. DEFT�ITION OF TERMS:
Tha t v�hen us ed in this Ordinan ce -
(a) the work ttCity" shall mean the City oP Ciearwater, Florida;
(b) The masculine pronoun shall include the feminine a�
neuter, and the singular shall include the plural;
( c) the wor d��andH shall als o me an "or", and the wor k TMor"
shall mean "and", when ever the context or Purpose so requires;'
(d) Tt�e work "Person" shall mean and incTude any individual,
parterahips societq, association, joint stock eompany, corporation,
estate, receiver, trustee, assig�ee,, referee or any other person aeting
in a Piduciary or representative capacity, s�hether a�xp�ointed by a court
or otherwise, and any combination QY individusls;
(e) The words "City �anagerTM shall mean and include the
Ciicy Dlian�ger oP the Gity and every perso� duly authorized hy him to
serve as his representative;
(f) The word ��Cig3rette« shall mesn any roll for smoking
made wholly or in part of tobacco, irrespective of size or shape, and
whether or not such tobacco is �Iavored, adulterated or mized with any
other inaredient , the wrapper or cover of which is made of paper or an�
other substance or material egcept tobacco,
(g) The vlord 4fsale" shaZl mean and include every act or
transactionr irrespective oS th� method or means employed, including the
use of venfling nachines and other �chanical devices, whereby title oY
any pa�kage of �.igarettes shall be transPerred Yrom the seller, as herein
defined, to any other person within the cosporate limits oP the City, but
st�ll not 'include an�Y such act or transaction the taxation whereof bp the
Gity is precluded or proh3bited under the Constitu�ion or the General I,aws
oY the State oi Florida;
(h) The word '�se'11exTM sha11 mean and include every person
engaged in the business of selling cigarettes at retail wh� transPers title
or irn whose place c�f business title to cigarettes is transferred within the
corporate limits oP the Ci�y for an� purpose other than resale;
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CITY COM�ISSION MEETII�
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(i) The word „dealer shall mesn and include every manu-
facturer, jobber, whosesale dealer or other person who suppliea a
seller �with cigarette�;
( j) The wor d"agent't sha ll me an and inc lude e very
dealer and other person who shall be; auth�r ized by the C3ty Mana�ex to
pur.^.hase and affix stamps to cigarette packages under the pi:ovisions of
Section 3 oP this Ordinance.
(k)The vlord TMpurchasern shall mean and include every
person to whom the t itle of any package of cigarettes in transferred by
a seller within the corgorate limits of the Citg;
(I) The wcird *'�ckage�� shall me'an and include everg
p�ekage, bog, can or other container oP cigarettes, irrespective oP
the material Yrom, v{hich such container is made, to which the Internal
Revenue Stamp oP the United States Government is required to be af-
fiaed by and under Federal Statutes and regulations ar�d in or Prom
whieh retail sales oY cigarettes are normally made or intended to be made;
(mj The word "s�ampa" shall mean the smaJ_1 gummed piece
oP paper or decalcomanie to be sold by the Gitq bianager and to be affixed
by an agent to everg packa�e of cigarettes, but it shall also denote
any insignia or symbol printed by a meter machine upon any such package
under the authmrization oP the City N�anager,
SECTION 2. AMOtJ�tT OF OCGUPkTIONAL I,ICENSE T�X: RATE AND
AIvIOUN`P OF ADDITIONliL EXCISE OR LICENSE TAX
ON SAI�E OF CiGARETTES.
That in addition to all other taxes oP ever5� kind now imposed
by la�, there is hereby levied and imposed upon each sellar at retail.
of cigarettes, an occupational license tax to be paid in the same
manner ani at t�.e same time as other occuoational license taxes, as
prescribe�d by Ordinance No, 4.79 of the City of` Clearwater, Florida,
in the amcunt oP �3<00. And t6.ere is herebv levied and irnposed by +.,he
City upon each and every sal e oY cigarettes, on and after the lst day
oP SeptemY�a, 1949, � additional excise or license tax, the amount
whereoP, to ba paid by the dealer or seller in the �nner hereinafter
prescribed, which shall be one cent {l¢) Por each ten (10¢) cen�s or
major fraetional part thereoP of the retail price, exclusive t�f sueh
excis� tax, at which any cigarettes �re so1d; provided, however, that
the Soregoing provision shall not preclude the rdealer+T or seller
Prom collecting the amoiuit of such tax Prom the purchaser of cigarettes,
SECTION 3. PREPARATION AND SALE OF STI�MPS BY CITY AND
DIITIES AI�iD POWERS OF CITY MANAGER IN GONNEC-
TTON THEREV,IITH.
That the excise tax i�posed by Section 2 oY this ordinance
shall be paid by every dealer ox other agent by aPfixing a stamp or
stamps, or causinb a stamp or stamps to be affised to each and every
pr�ckage oP cigarettes zn the manner and at ta`�e time or times herein-
efter stated. Every dealer in theCit y shal.l have the right to buy
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CITY �C31ID+IISSrON rdEETING
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and a�Pix such stampa as an agent,, e�ad the City Manager may appo_nt
in addition to dealers, such other per•sons as agents for the purpos�:
of buying and afYixing stamps as he may deem necessary; provided, h��nt-
ever, tY�at a seller shall not be ent:ttled to be appointed as an agent.
Every agent sh311 at all times have the right to appoint a peroon in
his employ to aYPix the stamps to any package oP cigarett,es under the
agent'ts control, For the purpose of mgking such stamps svazlable Por
use by dec:lers and other agents, the City Manager shall prescribe,
prepare, Yurnish and sell stamps oP such denominations, and quantities
as may be necessary for the payment of fihe eacise tax imposed by said
Section 2, In the sale oY such stamps to a dealer or othex agent the
Ci�y n4enager shall allow a discount of ten per centum (10°fo) of the de-
naminational or Pece value thereoY to cover the cost vrhich will be in-
curred by such dealer or e�ent in aY�ixing the stamps to cigarette pack-
ages, and in the event that printing bg a meter mr�chine is used in
lieu oP gummed stamps, there shall be allowed a further discount equal
in amount to the cost to the City of the stamps that would other�nise
be required,
The City I�4anager may i'rom time to time, and as oPten as he
deems advisa:ble provide f'or the issuance and exclusive use of stamps
of a new design and forbid the use oP stamps of any other design, and
he is hesebq empawered to make and earry into ePfect all such reasonable
rules and regulations, relating to the preparation, Yur�ishing and sale
of stamps as he m�y dees necessarp, He is hereby Yurthsr authorized
an empowered to prescribe the method to he employed and the conditiqns
to be obse�ved in the use of �ter r�,chines for printing upon packages
of cigarettes insi�ia to represent the payment oP said excise taa.
SECTION 4. DUTIES OF DEtiI.ERS t� QF SELI�FR� WITH t2ESPEGT
TO EXCISE T1�X ON S�E Or CIGARETTES.
That every dealer in cigarettes is hereby required and it
shall be his duty to purchase such stamps at the oY3iceoP t�e Gity
B�anager as shal l be necessary to pay the excise ta� imposed under th e
provisions oP Section 2 oP this ordinanc e, and to afiig a stamp or
stamps oY the monetary value prescribed by said Section 2, or cause
such stamp c�r stamps to be affixed, to each pac�ge, of cigarettes
prior to delivering or furnishing such cigarattes to any seller; pro-
vided, hovaever, that nothing herein contained shall preclude any deal-
er froffi eut hor izinF and employing eny other a gent to pureha �e and af-
fix such stamF,s in his behalP or to h�ve a stamp meter machine used
in llsu of gummed stamps to ei'fectuate the provisions of Section 2op
tliis �xdinance. Stamp,s or the printed markings oY a meter maahine
shall be pl&ced upon each �ekage of Cigarettes in such manner as to
be readily visible to the purchaser, Every seller is hereby required
to examine every package of cigarettes prior to exposing it for sale
for the purpose of ascertaining whether such pa�kage ha9 the �ropea
excise staaip affixed thereto �n compliance vr•ith the provisions of this
Seetion. If, upon sueh examination, iinstampe� or improperly stamped '
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CITY COMNfI�SION MEETING
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oaokages oP cigarettes are discovered� the seller sha11 immedi�xtely
notify the deaJ.er from whom such peckages Were obtained, and upon suoh
notific�tion the dealer shall Porthwi�th either affix to such unsta�nped
or im�roperly stamped �ackages the groper amount of stamps or sha11 re-
place such pfickages with others to which stamps have been properly af-
fixad, Tf a selles sl�all obtain or acquire possession of unstamped or
improperly stampe�, cigarette packages f rom any person other than a
dealer, the seller shall forthwith notify the City bsanager of such fact
ancl the City �4anager shali thereupon designate an agent to affix the
proper stamps to such cigarette packages the Yunds required to pur-
chase such sta�;ps to bs advanced to such agent by such sell er. In
the event that an,y paekages oP cigarettes are found in the �ossession
op a seller without theproper stamps being affixed thereto, or without
authorized psi.nted markings'oP a meter mschine thereon, and the seller
5ha11 be unable �o submit eviaence establishing that he received :sueh
packages within the immediately precedin� twentq-iour (21�) hours, the
gresumption shall be that such paekagQs are being kept by the szlles
in ciolation of the prflvisions of this 5eetion , and sha11 sub ject him
to a11 oY tne penalties hereinaiter provided. In the e4ent that the
City ��lanager shall �romulgate rules and re�ulations so requiring everq
dealer, agent or seller is hereby Purther required and it shall be
his duty to cancel all stamps upon pe;ekages oP cigarettes in accord-
anc e w it h suc� rules atid regul�t ions . It stzall also be the duty of
every dealer and seller, and he is hereby require3, t,�� maintain and
to keep Por a period oY two (?.} years such records of cigarettes re-
ceived and sold 'oy him as may be required by the City Manager, to
make all oT such records available fvr exantination by the City
Manager upan dem�aefl, and t o make anailable to the C3ty Man�ger the
mean`s, Paci litie s and oppor tunity fox making any such examinat ion at
all rsasonable times,
SECTION 5. POV�'ERS OE' CITX MANAGER REI,ATIVE TO EX-
CISE TAX ON SALE OF CIGARETTES.
That, in ad.dition to the powers �ranted to him in Sections 3
and 4 oP this Ordinanc e, the City Manager is hereby aut hori zed and
empowerea to prescribe, �dopt, prnmulgate and enforce rules and re-
o lations relating io (a) i;he met,hod e,� means t� be used in the ean�
cellation oP stamps, (b) the conditions goyernii�g and the procedt�e
to be observed with respect to rePunds to be made in the event that
the City IJiana�er shall be satisfied thr�t �ig,arette packages to whic�
stamps shall have been aYfixed have become and w ill continue to be
unavailable Por sale i n the City ,( c) the de le�atio n of any of his
pov�ers to his representative or representatives, and (d) any other
matter pextaining to the administration and enPorcement of the pro-
visions oP $ections 2 to l�, inelusi:ve, oP this Ordinance. The City
Mamger is hereby suthorized and e�powered �o examine books, xecords,
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CITY CONIMISSION MEETING
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fnvoiceq, papers and any and all cigaxe�te packages in and upon any
�remises where the same are placed, stored, sold, oPPered for sale
or disglayed �or sale b9 a seller. In the event that,the Cit� idanager
shall -aiscover any ci�arette paekages which are subjeet to the excise
tnx impoaed un�er the provisions of Section 2 of' this Ordinance, but
upon which 9uch excise tax has not been oaid, or upon which stamps
have not been afPixed or evidence oP payment shown thereon by the
printed marrings oY a meter �chine in compliance *nith the provisi�ns
o_ Sections 3 and 4 oP this Ordir�nce, the City A4anager is hereby
autharized arrl empowered to seize and take possession Porthwitb oP
such cigarette packages, which shall thereupon be deemed to be YorYeited
�o the City, The Gity Nanager may within a reasonable time thereafter�
by public not ice, given at least Pive ( 5 j days bePor e the ciate oY sale ,
sell such Porfeited cigarettes at a place designated by him, and from
the proceeds of such sale shall colTeet the tax due thereon, together
with a penalty oP Pi'�y_ per centum �5�) thereo� and the costs incurred
in such proceedings, and shall pay the balanee, iY any, oY such pro-
ceeds to the seller in whose possession such Poxfeited cigarette pack-
ages were found; provided, hrnvever, that such seizure and sale shall
not be deem� d to r elieve any person Y rom any oP the penalt ies prov id ed
in Seetion 9 of this Ordinance. The Cits� Raanager is Yurther authorized
and emporuered to require the takin� of oaths and afPidavits bePore
qualified persons in relation to �ny matter or proceerlings in the exer-
cise of his powers and duties relating to suc� excise �ax, and he shall,
have power to sabpoena and to require the �ttendance oY witr� sses and the
production oP books, papers r�nd documents and to examine sucn witnesses
Yor the purp ose o� s ecuring inPo rma tion pextinent to the pesYo r�anc e oY
such duties.
SECTION 6. UTII�IZATION 0� TZQNEYS DERIV�D BY CITY
�'f20I�i E��ISE TAX ON SALE OF CIGARETTES,
That ell moneys derived by the City from the exeise tax on
the sale of cigarettes imposed under the provisions o� Section 2of
this Ordinance shall be deposited by the City Manager to the credit
of the General Fund of the City Por utilization Por such legal purposes
as the City Commission may from,time to time determine.
SECTION �. VIOLATIONS DEFINED.
That it shaZl be unlawPul and & niolation of this Ordinance
for any person to per�orm any act, or to f�il to perform any act, for
the purpose of zvading the payment of such excise tax, or of any part
thereof; or fnr any dealer or seller to fail or refuse to perform any
of the duties imposed upon him under the provisions of Section !� o?f
this Ordinance, or tn fail or refuse to obey any lawful arder Yrhich
the City Manager may issue under the provisions of Section 5 af this
Ordinance. It shall also be unlawful far any person falsely or Yraud-
ulently to make, ibrge, alter or counter�eit any stamp or the pri.nted
markings of a meter machine, or to procure or cause to be �de, Porged,
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CITY COr6MISSION NfEETING � .y �,
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sltered or counterfeitad any such stamp or printed n�arkings of a meter
machine or knnwingly and wilfully to alter, publish, pQss or ten�ier as
true any false, altered, Porged or counterfeited stam� or stemps or
printed merkings of a meter �chine. zt shall �urther he unlawful i'or
any person to sell and disper�se thrcu� a vending ma�'hine or ot,her
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mechanical device any cigarettes upon which such excise taa has not
been spaid and upon which evidenoe of the payment thereof is not shown
on each package of cig�rettes.
• SECTION 8. EACH VIOI,ATION A SEPARATE OFI'ENSE
That each vi�ls�ion of, or non-compliance with, any of the pro-
visions of �his Ordinance shall be and constitute a separate oiiense
and snall sub ject every pexson gd�i.Zty thereo� to a11 of the pennities
prescribed in Seetion g o� this Ordinance.
SECTION 9• PENr1LTIES I'OR VIOLt�TIOPdS
Thfit every pexson vidating any of the provisions oP this
Ordinance shall, upon coneiction, be fined not more than two hundred
dollars, (�200.00j or be imprisoned Par not more than ninety days, or
zhall be both fiued and imprisoned, in the discretion of the Munici:pal
Judge. ,
9ECTION 10. EF'FECT OF PAYI�ENT BY TI� STATE TO
THE CITY OF ANIr CIGARETTE TAY.m
In the enent the State oP Florida shall provide for the payment
to the City of Clearwater oY any portion oP any tax collected by the State
on Cijarettes, the tnx levied by this Ordinance shall be reduced by a�.ike
Famount o
SEC'1TION 11. SEPARAHILITY OF PROVISIONS.
That iY any section, part oY section, sentence or clause of this
Ordittance shall be adjudged to be invalid by a court af compete�zt juris�
diction, such decision shall nat af�ect the validity oP any other por�iion
oY said Section but shall be restricted and'limite3 in its operation and
ePYect to that specific portion oP said Seotions involved in the litiga-
tion in v�hich s�ch �ecision shall have been rendered.
SECTION 12. REF'EkL OF INCODTSISTF�]'T AND CONFLICTING PROVISIOT7S.
That all ordir�nces or parts of ordinances, in so i'ar as they
are inconsistent with or in con.Ylict with the provisions oP this Ordin-
anc e be , and the same are he•re-by .� epeale d.
PASSED on its Pirst reading the 2Oth day of �une, A.D. 1949
PASS�D on its second reading as amer_ded the 2�th day of June, A.D. 1949
PA.SSED on its tihird reading as amended the 5th daq oP J'uly, A.D. 1949
Harry D. Sax�eant (signed)
ayor-Commissi�ner
ATTESTr
H, G. VJingo (si.gned)
G3�y Auditor & Clerk
GITY' CO ISSIOIJ NE�TING y��,
�uly��'y ;�.949
There being no f�irther bu�iness to cq�e before the Board, the
meeting was a�lj o�irned,
Mayor-Co� �l iss oner
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` ATTEST:
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CiTty Aud tor & C r �
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