10/14/1949
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OITY COMMISSION MEETING
-October 14, 1949
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The Oity Oommission of the Oity of Clearwater, Flor1da met 1n Speolal Sess10n
at the Oity Hall 11130 A.M., Friday, October 14, 1949, with the fOllowing members
present:
G. L. Kennedy
E. B. Casler Jr.
Herbert M. Brown
Leland F. Drew
Aoting Mayor-Commissioner
- Commissioner
.. Commissioner
- Commissioner
Absent: Harry D. Sargeant - Mayor-Commissioner
Also present:
B01d A. Bennett
George MoClamma
Ben Krentzma n
- City Manager
- Ohief of Police
City Attorney
Having called the meet1ng to order, Acting Mayor Kennedy stated that the meeting ,
had been called for the purpose of hear1ng a report from the Trustees ot the Boy Scouts
on the proposed building to be ereoted on Clearwater Beaoh and to oonsider the passing
ot Ordinanoe 581 on the third reading.
Mr. H. H. Baskin, representing the Boy Scout Trustees, submitted the proposed plans
tor replacing the Sea Scout Building. Mr. Baskin sald that a space 32 x 40 Feet was
being allocated to the Optimist Club for use by the Pram fleet and that the Optimist
Club had agreed to contribute toward the cost of' the building,-the materials which had
been donated to them. Mr. Ben Magrew~ representative of the Optimist Club, stated that
the Club was in complete agreement with the proposed plans.
Commissioner Drew moved that the City Manager be authorized to proceed with the
replacement ot the Sea Scout building on Clearwater Beach in accordance with the plana
submitted by the Sea Scout Trustees and the Optimist Club, that funds ~ not exoeeding
$15,000.00 be authorized and that it be understood a sub-lease to certain portions of
the building be given by the Boy Scout Trustees to the Optimist Club in accordance with
plans to be approved by the City Commission. The motion was seconded by Commissioner
Casler and carried unanimously.
Commissioner Drew moved that Ordinance 581, The Cigarette Ordinance, be passed on
the third reading. The motion was seconded by Commissioner Brown and carried.
Commissioners Brown, Casler, Drew, and Acting Mayor-Commissioner Kennedy voted "A7e",
Voting "No" none.
Oommissioner Drew moved that the 400 feet of ~i inch gas main extension on Keene
Road deterred tor further oonsideration at the meeting October 3rd~ be approved.
Commissioner Brown seconded the motion and it carried unan~ouslY8
On a motIon by Commissioner Casler, seoonded by Commissioner Brown and
unanimously carried~ Commissioner Drew, the Senior member of the Commission, was
designated as thB Aoting Mayor during the absenoe of Aoting Mayor-Commissioner Kennedy.
Commissioner Casler moved that any refunds of the 5% Utility Tax not called for
be divided between the pier and pool funds, in the same proportions as those 1n Which
a preference was indicated. The motion was seconded by Commissioner Drew and carried.
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There being no further business to come
adjourned.
the meeting was
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ATTEST:
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CIT".l' C0111,j ISS ION MEETING
October 14, 1949
ORDINANCE NO. 581
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AN ORDINANCE LEVYING AND IMPOSING AN EXCISE OR
PRIVILEGE TAX UPON THE SALE, REGEIP~P, PUROHASE,
POSSESSION, CONS'UlIIPTION, HAIJDLIHG, DISTTIIB1ITIOll
AND l'SE 01" CIGAnE']'TES IN THE CI'l'Y OF CLEAHW~ TElt;
PHOVIDIHG }'OR ~,'HE l.1ETHOD OF1 COLLECTIOH; PHOVIDI1JG
FOR THE EXPHNDIT1Jlill 01" rrlIE 1.U}lDS DBBI VED THBHE-
FROM; PHOVIDING FOR THE Eli'Ji'EC':!'IVB DA'l'E TJTBJU';Ol:<';
APD HEPEALING ORDIr~AtWl!; 115'16 AND kLL OH.DINAIJCES
AND PARTS OIi' OHlJIHA l:CES IU COlIPLIC'l' lIERmVrr.rE AS
01" OCTOBER 31, lD4n.
HE 1'11 OHDJ~lIml) bY THE CITY COl.ll,;ISSION Ol~ TliE GI'J'Y OF'
CLEARWATER, F'LOHIDA:
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SEU'l'ION 1.. Thnt an excise or privilege tax in addition to all other taxes of'
every kind imposed by law is hel"eb~r 1eviod and imposed upon the sale, recelpt. purchase,
possession" consumptIon, handllnl:, <.listrilJllt:i.on and use 01' clE~arettes in the territorial
limits of the City of Clearwater, l"loride. ror ciearettes of standard dlnlenatons as
defined b~r tho Genoral law of tho st:::.te of 1<'lorida, in the f'olloV/in~ amounts:
1. (a) Upon all cir;arettes, throe and one-half' inches long
or losn, two and five-tenths (2 5/10) mills on
each clp;arette 1
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(b) Upon all cigarettes; between three and one-half' and
six inches long, fiv~ (5) 1;1111s on eo.ch cigarette;
and
(c) Upon all ciel:lrettes, six inches long or lont;er, ten
(10) mills on each cigarette.
2. The description of cigarettes contained in subsection ono of this section
are hereby declared to be standard a s to dimena10ns f'or taxing purposes as pI'ovided in
this Ordinance and should any cigarette be received, purchased, possessed, sold, ot'fored
for sele, given away or used of a size other than of statldard dimensions, the 8arr~e shall
be taxed a t the rate of one (l) cent on each s....lc11 c iga 1"0 tte ..
3. Where cigaret.tes, as described in ~ubsection (1) (a) above, are packed 1n
varyin~ quentities of twenty cigarettes or less, the follov/:'-ng rates shall govern:
(a) Packar,es containing ten cigarettes or le53 require
a two and flve-tenths (2 5/10) cent tax; and
(b) Packages containing r:lore than ten but tlot niore
than twenty cigarettes require a rive (5) cent tax.
4. Where cigarettes, as described in subsection (1) (b) ahove, are packed in
varying quantities of twenty cigarettes or less, the following rates shall govern:
(a) Pacy~ges contalnin~ ten ci~arettes or less requiro a ~ive
(5) cent tax; and
(b) Packages conta ining more than ten but not l:lore than twenty
cigarettes require 0 ten (10) cent tax.
5. Vfuere cigarottes, as described in subsection (~) (e) above, are packaged
in varying quantities of twenty cigarettes or less, the following rates shall gove~n:
(a) Packages containing ten cie:arettes or less require
a ten (10) cent tax; and
(b) Packages containing l:lOre than ten uut not more than
twenty cigarettes require a twenty (20) cent tax.
SECTION II. The tax levied and imposed herein shal1. be collected by the
Beverage Department of the sta te of' Plorlda in the manner p~escr1bed in Sena te Bill 18-X
as adopted by the 1949 Extraordinary session of the Legislature of'the State of Florida.
SECTION III. That all funds roceived b;r the City of' Clearwater, Florida, by
virtue of this ordinance shall be paid into a separate f'unCl to be designated uCIGARETTE
TAX FUND" and shall be appropriated and expellded lJY the Cit~ UOP."'..rnis 81 on for the ~ollowing
plu'poses only:
!t'OI' the future cost, purchase, building, desiGning, engineel'ing, planning,
repairing, reconditioning, altering, expa.nding, :maintain1nl~, sarvic:ing and otherwise
operating any of tho following:
streets, bridges, storm sewers, curbs, drains, gutters, water supplies,
sanitary facilities and services for the preserva tion, protection or improvement of the
publiC health and safety, including hospitals, 1'i1'o stations amI f'ire l'ighting equipment,
sanitary sewers, sewerage disposal systems, sewerar;e d ispoaal p1antB and f'a eili tie a,
garbage and refuse collection and disposal services, faci~ities and equipment,
incinerators and otiler facilities and services, including otreet cleaning, inspections
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CITY COMMISSION MEETING
October 14, 1949
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Ordinance #58~---continued
and services for the protection of' pub1ic health including the en.forcement of' ordinances:,
designed to maintain safe health standards with respect to :foods, mosquito, inseot and
rodent eradication and control, and the removal end abatement of nuisances which n~y be
or oonstitute dangers to public health and the exorcise of' contro1s for public safety,
facilities for the prevention of beach erosion" the enforcor.lent of' the laws' of the state
o;f ]'lorida, and lIlunicipal ordinances with respect to public travel, health and safety,
and such other state functions which are performed by :t:1Unicipal governments within their
boundaries, and a 1'e otherwise pe rf'orr.Ied by the s tu te and C oun ty governrne11ts outside or
the limits of incorporated l1Tltl1iclpn1ities, 01' ao ot.hervl1 se provided by the terllls ani
and provisions of Senate Bill 18-X, ln49, Extraord:l,nary Sesslon of' the Legislature of
the :Jta te of 1"1 orida.
SEUTION IV. That ordinance 115?6# ancl 011 ()ther ordinanoes or parts of
oruinances in conflict herewith be and the salle are hel'olJy repealed as of October 31, 1949.
SECT10N V. This ordinance shall oeool:10 off'octivo on the 1st day of Novenlber,
A. D. 194U.
Pas sod on first rendins on October 3, 1949.
Passed on second readln~ on October 6, lU49.
Passed and adopted on third and finol reading October 14, 1949.,
Signed: Glly__~~l:onnedy
Acting l.iayor-Co!.nnissioner
Attest:
Signed: II. G. \'/in.B..2.....
City Auditor and G1erl{
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C� October 140N19 gTING
The City Coumiiasion of tl�e Citg of Clearr�iter, Plorida me� in Special Sesaion
at the City Fia11 11s30 A.M., Friday, October 14, 1949, with the follov�ix�g membere
present:
C�. L. Xenned9 � Acting Mayor-�ommisaioner
E. B. Casler Jr. - Com�nisaioner
Herbert a4. Brovrn - Coumiiasioner
Leland F. Drew - Cnmmisaioner
1�baent: Harry D. Sargeant �,&Tayor-Commissioner
A�so pr�sent:
Bogd A. Bannett - City Manager
George McClamma - Chief o£ Police
Ben Krentzman - City �ttorne�
Hav3ng called the meeting to order, Acting Adayor Kennedy stated thst the meeting
had been called Por the purpose oP hearing a raport fron the Trusteas oP th� Boy Scouts
on th� proposed building tu be exected on CZearv,stsr Beach and to consi�er the passing
of Ordinanoe 581 on the third reading.
Mr. He H. Baskin, represen�ing the Boy Scout Truatses, submitted the proposed plans
for replacing the Sea Scout Building. Mr. Baskin said that a apece 32 x 40 Feet was
being alloqated to the Optimist Club Por use by the Pram fleet and that the Optiuist
Club had agreed to contrihute to�vard the cost oP the building,-the r�eteriala which h�d
been donated to them. Mr. Ben Magrew, representative oP the Optimist Glub, stated that
th� Club was in complete agreement Rith the proposed plana.
Commisaioner Drew moved that the City &fanager be authorized to proceed �aith the
replacement oP thb Sea Scout building on Clsarwater Beach in accordan�e with the plans
aubmitted by the Sea Saout Trustees and the Opl;imist Club, that fiands � not exceeding .�.
$�15,000.00 be authorized and that it be under�tood a sub-le�se to certain portions of
the building be given bq the Boy Scout Trustess to the Optimist Club 3n accordance with
pZans to ba approved by the City Counniasion. The motion was seconded by Commissioner
Casler and esrrie�l unanimously.
Cammissioner Drew moved that Ordinance 581, The Cigsrette Ordinance, be passad on
the third reading. Th9 motion was seconded by Commiasioner Brown and carriede
Coimnissioners Brown, Cesler, Drew, and Act3ng Mayor-Commissioner Kennedq voted "A�te",
VotiY�g ��No�� none.
Commissioner Drew moved that the 400 Peet oP S2 inch gaa main egtension on Keene
Ro�d de�'erred for further considera�ion at the meoting October 3rd, be approved.
Commissioner Brawn seconds� the motion and it carried unanimously.
On a motion by Commisaioner Casler9 seconded bg Comnis�ioner Brown and
unsnimously carried, Commissioner Drew, the Senior member oP the Co�ission, wa$
designeted as the A�ting I�ayor during the absence of Aeting Mayor-Commissianer Kenned�.
Gomnissioner Casler movsd that any reii.inds of tha 5� Utility Tax not called Por
be divided between the pier and pool funds, in the same proportions as those in rrhich
a preference wea 1.ndicated. The motion vras seconded by Commissioner Drew and carriede
There being no flirther Uusiness to come bePore the / , the meeting was
adjourned. �.
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Mavo �(. � issioner
ATTEST:
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]1IEETiNG
CTTY C011J;iTSSION T
Qctober T4, 1949
ORDII�NQE N0. 581
AN ORDTNANCE LEVYIPIG AND TNPOSINCr AN F�CTSE OFt
PRTVII�GE TAX UPUnT THE SALE, RECf�IPT, PURCHASE,
POSSEESSIQTI, CONSZTI�iPTION, HAI�TDLT'�CT, DISTRI�T]T10N
AND LrSE QF CICTARETTES IN THE CITI' OF CL'E;�RFiIAmER,
PROVIDIPTG FOFi 7'HE IITETHOD OF COLTIECTION; PROVTU1PdG
FOR THE EXPENDITUR� OF THE FUNDS DERIVED '�HEItE-
FROht, PRO�IIDING FOR THE EFFECTT�rE vATE �'f?�;REOF;
AND REPEALING ORDINANCE �576 ;I�ND AliL ORDTNANCLS
AATD PARTS OF ORUlNAP:CES IPT CONFLICT FIERE14ITh AS
OF OGTOBER �1, 1949.
BE TT ORDAITTED B�'' TFiE CITX COI�12�tISSTON 4P TI-iE CZT?' OF
CLEARINATER, FLORTDA;
SECTION 1. That an excise or privilegs tax in [�ddition to ��1 other �axes of
ever.y kind imposed by 1a�r is harob,y levied and ir.iposed upon the sAle, receipt, purek�ase,
posssssion, constzmption, handling, distrit�ution and use of ci�arettas in the territorial
limits of' the C3ty oF Clearwater, ;'rTlor�da for ci�arettes of standard clirriez�s3.ans as
dc�fined la� the General Iativ of the State of FTorida, in tho follov�in� amountss
1. (a }�Jpon a17. ci�aret-Ges, three and one ha1�' inches long
or less, two and five-{:enths (2 5�a0) xaills on
each cigarette;
(b) Upon sll ci�arettes; between th.ree and one-half and
six 3nches long, five (5) milla �n e�ch �igarei��e;
a nd
(c} Upon a1:1 cigarattes, six inches lon� or longer, ten
. (10) mills on each cigarette�
2< The description of cibarettes cont�ined in subsection one of this secti.on
� are herabg dsclared to Ue standard �s to dimensions for taxin� purposes as provided in
this Qrd�:nar_ce and should ang ci�arette be recei�9d, purchased, possessed, sold, offered
for sale, given aNray� or used of a s3:ze other than of standard di�r.ens;ons, the sarre s1Ya11
. be taxed at the rate of cne (1} cent on each sueh cigare�Gte.
3. Where c�igarettes, as described in subsection (1) (a) above, are packed in
varying quar_tities of twenty- cigarettes or less, the following rates shall govern:
(a) Packa�;es containing ten cigarettes or less require
a two and five-tenths (� 5110) cent t�x; and
(b) Packagos containing �ore than ten but not more
�l�an twenty cigarettes require a f ive (5� cen� tax,
4. YVhere cigarettes, as described in aubsection (1) (b) above, are pac�ed in
var�in� r�uantities of tv�enty cigarettes or lessa the folla�ving rates sha11 �overn:
. .(aj Pa��a�es containing tsn ci�;arettes or 3.ess roquira a five
(5) cent tax; and
(b} Pack��es containing more thail ten but not i�ore than twer.ty
cigaretteg require a �en (10) cent •�a.x.
5, tidhere cigarettes, as described in subsaction (l� {c} above, are packag�d
in var�ing quantities of �wenty cigarettes or less, the follociing ratEs shall govern:
(a) Packages conta3;ning ten cigarettes or less require
a ten (ZOj cent tax; and
(b} Packages containing r.iare than ten but not nz�re than
twent,y cigarettes require a twanty (20) cent ta�.
S�CTION II. The tax levied and imposed herain shall be col:lected by the
. Beverage Departmenf.- of the State of Florida in the mQnner prescribed in Senate BiiT 18-X
a�s adopted b3* the 1949 F�xtraordin�ry sessian of the I�egisl�ture ot' the State af F1or3.da.
S�CTION III. That a11 funds received bg the City ot' Clearvrater, Florida, iay
virtue of �his qrd�nance shal]. be paicl into a separate fund to be designated ��CIGARETTE
TAY FUND��'and shall be a�propriated and expended by the City Co�nmission for the followin�
purposes onlyr
For �he future cost, purchase, buildin�;, designin�, engineerin6, plannin�,
repairing, recanditioning, alterin�, expancling, ma intaining, eervicing ancl othervri.se
apera �ing any of the fallotiving: ,
Streets, bridges, starm sewers, curbs, drains, gutiter�, water supplies,.
sani�ary facilities and services for �he preservation, protection or 3rtipravement of the
public health and sai'et5, including hospi�als, fira sta�io�is ancl fire fighti�g equlpment,
sanitary servers, sewera�e digposal systems, sev�era�;o d3spasal I�lAnts ancl facilitio3,
garbage and refuse collection and disnosal services, faci:lities and equipments
incinPrators �nd other :i"aci'!ities and services, includ3ng a'treet cleanin�, inspeations
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CITY COn't�ITSS�OI� 1ti�ETITIG
Octob�r 14, 1949
Ordinance #58I---con�iY,ued
anc� services for the proteetion o£ public YieaZth invl.utling �ho enForce�ient of ordinances
de�i�ned i;o mainta:in safe healtli etandarcls v�ith respect to foods, r.�osquiio, insect and
rodent eradication and c�Y�tro1, and ihe removal and abater,ient of nuisaz�ces which may be
or oonstituta dan�ers t� public health and. the exer:3ae of controls i'or publ3c sa;:etv,
iacilitir�s fox the prevention cf beach erosion, tha enforceMent oi' the lav�rs� of the State
o#' Flor3.da, and municipal ordinancas vrith respect to �ub;.ie travel, health and saflety,
and such other state #'urictions �rhich are �er�'orrted by r.iunicipal govarnmen�s vrithin their
boui�c?ar3.es, and are othervri.se pex�o�xled by the state and cotant,y governrnen�s ou�side of
tk�e limits oi i7ncorporated n:unicipa? ibies, ox� as ot2isrrrise prrT �.d,ed by the terrris arrl
and provision� of Senate Bill 18 X,, 1949, Extraordi.r,ary Seesion o�' the Le�ielature of
the State of .1+72or3da.
S�;CTION T_V. That o.rciinance �576, and all other ord�nances or paxts o.P'
ardinances zn conflict harewith be and the sar�e are here�y* xepealed as of Octaber 31, 1949,
SEGTiUN V. Th�.s ordinance sYia].] b�,cor�e e�fective on the l�t day of I��ovember,
A. D. 1949.
Pa�sed on first readLn�; on Octabdr 3, 1949,
Passed on seeond reading an Oci;oi�er &, 1949.
Faa�ed and adopted on tnird and f�na:l reading qctober 14, 1949,
Sig�ted: Gu�T,. F:enned;�
Ac�:in� I.a�or-Gcr�u;�issioner
Attest:
Signed: H, G. Vdin�o
City Auditor and Clerlc
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